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HomeMy WebLinkAbout32941Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 1 of 28 DELTA-MENDOTA SUBBASIN COORDINATION AGREEMENT THIS DELTA-MENDOTA SUBBASIN COORDINATION AGREEMENT is made effective as of , 2018 by and among the groundwater sustainability agencies within the Delta-Mendota Subbasin (each a “Party” and collectively the “Parties”) and is made with reference to the following facts: WHEREAS, On September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act (“SGMA”); WHEREAS, SGMA requires all groundwater subbasins designated as high or medium priority by the California Department of Water Resources (“DWR”) to manage groundwater in a sustainable manner; WHEREAS, the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin (“Subbasin”), has been designated as a high-priority basin by DWR; WHEREAS, the Delta-Mendota Subbasin includes multiple groundwater sustainability agencies that intend to manage the Subbasin through the development and implementation of multiple different groundwater sustainability plans (“GSP”); WHEREAS, SGMA allows local agencies to engage in the sustainable management of groundwater, but requires groundwater sustainability agencies in all basins that are managed by more than one groundwater sustainability plan to enter into a coordination agreement to coordinate the multiple groundwater sustainability plans to sustainably manage the Subbasin pursuant to SGMA; WHEREAS, pursuant to the requirements of SGMA, and the California Code of Regulations, and in recognition of the need to sustainably manage the groundwater within the Delta- Mendota Subbasin, the Parties desire to enter into this Agreement between their individual groundwater sustainability agencies; WHEREAS, in order to efficiently coordinate among the large number of groundwater sustainability agencies (“GSA”) in the Subbasin, the Parties intend to organize themselves into “GSP Groups” and to be represented by the “GSP Group Representatives,” on terms 18-0727 August 21 Agreement No. 18-502 Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 2 of 28 to be developed and implemented by separate Agreements between each GSP Group and the Parties within such GSP Group; and WHEREAS, this Coordination Agreement is being executed before the respective GSPs have been prepared, and the Parties anticipate attaching and incorporating technical reports covering such additional required information before submittal of this Agreement to DWR with the Parties’ respective GSPs without separate amendment being required. THEREFORE, in consideration of the facts recited above and of the covenants, terms and conditions set forth herein, the Parties agree as follows: SECTION 1 – PURPOSE 1.1 Compliance with SGMA In subbasins with multiple GSPs, SGMA requires the GSPs to be coordinated through a coordination agreement. The purpose of this Coordination Agreement including the anticipated attachment and incorporation of technical reports to be developed after the initial execution of this Agreement, is to comply with that SGMA requirement and ensure that the multiple GSPs within the Subbasin are developed and implemented utilizing the same methodologies and assumptions, that the elements of the GSPs are appropriately coordinated to support sustainable management, and to ultimately set forth the information necessary to show how the multiple GSPs in the Subbasin will achieve the sustainability goal, as determined for the Subbasin in compliance with SGMA and its associated regulations. 1.2 Description of Criteria & Function An additional purpose of this Coordination Agreement is to describe the criteria for establishing the responsibilities of each Party for meeting the terms of this Coordination Agreement, the procedure for the exchange of information between the Parties, and procedures for resolving conflicts between the Parties. The goal of the coordination is to ensure that the Subbasin GSPs utilize the same data and methodologies, including but not limited to, groundwater elevation data, groundwater extraction data, surface water supply, total water use, changes in groundwater storage, water budgets, and sustainable yield during their development as required by SGMA and associated regulations. Additionally, this Coordination Agreement sets out the process for identifying a Plan Manager. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 3 of 28 SECTION 2 – DEFINITIONS 2.1 “Coordinated Plan Expenses” shall mean any expenses incurred by the Secretary and the Plan Manager for purposes of developing and implementing the Coordination Agreement. 2.2 “Coordination Agreement” shall mean this Coordination Agreement. 2.3 “Coordination Committee” shall mean the committee of GSP Group Representatives established pursuant to this Coordination Agreement. 2.4 “Group Contact” shall mean one Party designated on Exhibit “A” attached hereto and by reference incorporated herein as responsible to supply notices and to circulate information and invoices for its respective Exhibit “A” GSP Group, as said Exhibit may be updated from time to time. 2.5 “GSA” shall mean a groundwater sustainability agency established in accordance with SGMA and its associated regulations, and “GSAs” shall mean more than one such groundwater sustainability agency. Each Party is a GSA. 2.6 “GSP” shall mean a groundwater sustainability plan as defined by SGMA and its regulations, and “GSPs” shall mean more than one such plan. 2.7 “GSP Group” shall mean a grouping of Parties, stakeholders, and interested parties developing an individual GSP within the Subbasin, as shown in Exhibit “A,” who are combined for purposes of representation and voting on the Coordination Committee and for purposes of sharing Coordinated Plan Expenses as set forth in this Coordination Agreement. 2.8 “GSP Group Alternate Representative,” “Alternate Representative,” or “Alternate” and their plural forms shall mean an alternate member of the Coordination Committee selected to represent the GSP Groups in accordance with Exhibit “A” and Section 5.1.2-5.1.4 of this Coordination Agreement who shall serve in the absence of the respective GSP Group Representative and shall be entitled to cast the vote for the absent GSP Representative. 2.9 “GSP Group Representative” or “Representative” and their plural forms as appropriate shall mean a member or members of the Coordination Committee selected to represent the GSP Groups in accordance with Exhibit “A” and Section 5.1.2 – 5.1.4 this Coordination Agreement. 2.10 “Participation Percentages” shall mean that percentage of Coordinated Plan Expenses allocated to each GSP Group as described on Exhibit “A” to this Coordination Agreement, which is attached and incorporated by reference herein, as updated from time to time. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 4 of 28 2.11 “Party” or “Parties” shall mean a Groundwater Sustainability Agency or in the plural, two or more Groundwater Sustainability Agencies within the Delta-Mendota Subbasin. 2.12 “Plan Manager” shall mean an entity or individual, appointed at the pleasure of the Coordination Committee, or as provided in section 4.1.2 of this Coordination Agreement, to perform the role of the Plan Manager to serve as the point of contact to DWR as set forth in Section 5.2.3 of this Coordination Agreement. 2.13 “Seasonal High” shall mean the highest annual static groundwater elevation associated with stable aquifer conditions following a period of lowest annual groundwater demand. 2.14 “Seasonal Low” shall mean the lowest annual static groundwater elevation associated with a period of stable aquifer conditions following a period of highest annual groundwater demand. 2.15 “San Luis & Delta-Mendota Water Authority” or “SLDMWA” shall mean the San Luis & Delta-Mendota Water Authority, a California joint powers agency. 2.16 “SGMA” shall mean the Sustainable Groundwater Management Act, as amended from time to time, commencing at Water Code section 10720, together with its implementing regulations applicable to Groundwater Sustainability Plans, set forth at California Code of Regulations, Title 23, Division 2, Chapter 1.5, Subchapter 2. 2.17 “SGMA Definitions” shall mean those SGMA-specific definitions provided by statute or regulation and attached in the Appendix to this Coordination Agreement; in the event of any inconsistency between a term defined in this Section and a SGMA-specific definition, the definition contained in this Coordination Agreement shall prevail. 2.18 “Subbasin” shall mean the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin. 2.19 “Technical Memoranda” shall mean the memoranda prepared by the Coordination Committee that include the data and methodologies for assumptions described in Water Code section 10727.6 to prepare coordinated plans. Individually, the memoranda shall be referred to as a “Technical Memorandum.” 2.20 “Water Year” shall mean the period from October 1 through the following September 30 as defined by SGMA. 2.21 “Water Year Type” shall mean the classification provided by DWR to assess the amount of annual precipitation in a basin and as defined by SGMA. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 5 of 28 SECTION 3 – GENERAL GUIDELINES 3.1 Responsibilities of the Parties 3.1.1 Obligation to Coordinate The Parties to this Coordination Agreement agree to work collaboratively to meet the objectives of SGMA and this Coordination Agreement. Each Party to this Coordination Agreement is a GSA and acknowledges that it is bound by the terms of this Coordination Agreement as an individual Party. 3.1.2 Obligations Outside of Coordination Agreement Regarding GSP Groups a)Representation and Voting. Each Party understands its participation, as more fully set forth in Section 5 of this Coordination Agreement, is based on representation through and by its GSP Group Representative(s). It is the responsibility and obligation of each Party under this Coordination Agreement to develop its own arrangements for how its respective GSP Group Representative and Alternate Representative are selected and how required actions of GSAs within the GSP Group under its respective GSP are identified and implemented. b)The Coordination Committee and its members shall have no requirement to recognize a voting status or other decisional authority of any Party to this Coordination Agreement other than through the designated GSP Group Representative(s). For purposes of this Coordination Agreement, it is assumed that GSP Group Representatives have been authorized by the Parties in their GSP Groups to participate as described herein. c)By signing this Coordination Agreement, each Party commits to provide documentation to the Secretary and the Coordination Committee of the authorization of its GSP Group Representative(s). Provided, that the Secretary shall not be obligated to evaluate or provide an opinion on the legal sufficiency of the documentation. d) It is the responsibility and obligation of each Party under this Coordination Agreement that is included on Exhibit “A” as part of a multi-party GSP Group to provide documentation to the Secretary and to the Coordination Committee establishing that such GSP Group has a binding agreement or mechanism assuring that the GSP Group will pay its Participation Percentage set forth on Exhibit “A,” as said Exhibit “A” may be modified from time to time. Provided, that the Secretary shall not be obligated to evaluate or provide an opinion on the legal sufficiency of the documentation. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 6 of 28 3.1.3 Non-Entity Status The Parties acknowledge and agree that this Coordination Agreement does not create a legal entity with power to sue or be sued, to enter into contract, or to enjoy the benefits or accept the obligations of a legal entity. 3.1.4 Implementation of Individual GSPs This Coordination Agreement does not otherwise affect each Party’s responsibility to implement the terms of its respective GSP in accordance with SGMA. Rather, this Coordination Agreement is the mechanism through which the Parties will coordinate their respective GSPs to the extent necessary to ensure that such GSP coordination complies with SGMA. 3.2 Adjudicated or Alternate Plans in the Subbasin As of the date of this Coordination Agreement, there are no portions of the Subbasin that have been adjudicated or approved to submit an alternative plan as defined by SGMA. SECTION 4 – ROLE OF SAN LUIS & DELTA-MENDOTA WATER AUTHORITY 4.1 Agreement to Serve By executing this Agreement, and not as a Party, the San Luis & Delta-Mendota Water Authority agrees to carry out the functions described in this Section 4 and its subparts consistent with the terms of this Section and under the direction and supervision of the Coordination Committee, subject to the reimbursement and the termination provisions contained in this Section. 4.1.1 Secretary The SLDMWA agrees to perform the obligations of the Secretary described in this Coordination Agreement, by delegation to one or more of its employees or to a consultant under contract to the SLDMWA. 4.1.2 Plan Manager The SLDMWA agrees to perform the obligations of the Plan Manager described in this Coordination Agreement, by delegation to one or more of its employees or to a consultant under contract to the SLDMWA. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 7 of 28 4.2 Reimbursement of SLDMWA The commitment of the SLDMWA to perform the designated functions under this Section is contingent upon the execution and performance of a separate cost sharing agreement between the SLDMWA and the Parties. 4.3 Termination of SLDMWA’s Services Either the Parties acting through the Coordination Committee or the SLDMWA at any time may terminate the services being provided by the SLDMWA under this Coordination Agreement upon thirty (30) days’ written notice, if from the SLDMWA, to the Coordination Committee and each GSP Group Representative; and if from the Coordination Committee, to the SLDMWA and each GSP Group Representative. SECTION 5 – RESPONSIBILITIES FOR KEY FUNCTIONS 5.1 Coordination Committee 5.1.1 The Parties agree to establish a Coordination Committee to provide the forum for the Parties to accomplish the coordination obligation of SGMA pursuant to this Coordination Agreement. 5.1.2 The Coordination Committee will consist of the GSP Group Representatives identified on Exhibit “A” attached hereto and incorporated herein by this reference, as said Exhibit “A” may be modified from time to time pursuant to Section 13 of this Agreement. Each GSP Group Representative shall have one Alternate Representative authorized to vote in the absence of the GSP Group Representative. 5.1.3 Individuals serving as GSP Group Representatives and Alternate Representatives shall be selected by each respective GSP Group in the discretion of the respective GSP Group, and such appointments shall be effective upon providing written notice to the Secretary and to each Group Contact listed on Exhibit “A”. 5.1.4 The Coordination Committee will recognize each GSP Group Representative and GSP Group Alternate Representative until such time as the Group Contact provides written notice of removal and replacement to the Secretary and to every other Group Contact designated on Exhibit “A.” Each GSP Group or GSP Subgroup shall promptly fill any vacancy created by the removal of such Representative or Alternate Representative so that each GSP Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 8 of 28 Group shall have the number of validly designated Representatives and Alternate Representatives specified on Exhibit “A”. 5.1.5. Minutes of the Coordination Committee will be prepared and maintained as set forth in Section 5.5.4. 5.2 Coordination Committee Officers The Officers of the Coordination Committee will include a Chairperson, Vice Chairperson, Secretary, and Plan Manager. Except where the Parties have named such Officers pursuant to Section 4 of this Coordination Agreement, Officers shall be selected at the initial meeting of the Committee or as soon thereafter as reasonably can be accomplished. 5.2.1 Chairperson and Vice Chairperson a)A GSP Group Representative shall serve as Chairperson. The Vice Chairperson, who shall also be a GSP Group Representative, shall serve in the absence of the Chairperson. In the absence of both the Chairperson and Vice Chairperson, a meeting may be led by an Acting Chairperson selected on an ad hoc basis. b)The positions of Chairperson and Vice Chairperson shall rotate among the GSP Groups on an annual basis according to alphabetical order, with the first rotation beginning on the date the first Chairperson is selected. The schedule for rotation among the GSP Groups will be set at the first meeting after the Chairperson is appointed and reviewed and adjusted annually. A GSP Group Representative may waive designation as Chairperson. In such a case the Chairperson office would rotate to the next designated entity. 5.2.2 Secretary The Coordination Committee shall select a Secretary to carry out the functions described in this subsection, to serve at the pleasure of the Coordination Committee. The Secretary shall be a public agency who may be, but need not be a Party to this Coordination Agreement. The San Luis & Delta-Mendota Water Authority is hereby designated as the initial Secretary, to serve at the pleasure of the Coordination Committee. a)The Secretary shall select an appointee to implement the Secretary’s responsibilities under this Coordination Agreement, for example, to coordinate meetings; prepare agendas; circulate notices and agendas; provide written notice to all Parties that the Coordination Committee has made a recommendation requiring approval by the Parties; prepare and maintain minutes of meetings of the Coordination Committee; receive notices on Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 9 of 28 behalf of the Coordination Committee and call to the Coordination Committee’s attention the need for responding; and provide such other assistance in coordination as may be appropriate. b)The Secretary shall assume primary responsibility for Brown Act compliance, including without limitation, the responsibility to: prepare an agenda and notice, publicly post, and distribute agendas to all GSP Group or Subgroup Representatives, the Parties, and any other interested persons who requests, in writing, such notices. The Agenda shall be of adequate detail to inform the public and the parties of the meeting and the matters to be transacted or discussed, and shall be posted in a public location and distributed to each of the parties to this Coordination Agreement at least seventy-two (72) hours prior to every regular meeting and at least twenty-four (24) hours prior to every special meeting. 5.2.3 Plan Manager If the SLDMWA ceases to serve as Plan Manager as agreed under Section 4.1.2 of this coordination Agreement, then the Coordination Committee shall name a successor Plan Manager, who may be a consultant hired by the Secretary pursuant to the Coordination Agreement, the representative of an entity that has been selected as Secretary, or a public agency serving as or participating in a GSA that is a Party to this Coordination Agreement, and who shall serve as the point of contact for DWR as specified by SGMA. The San Luis & Delta-Mendota Water Authority is hereby designated as the initial Plan Manager, to serve at the pleasure of the Coordination Committee. a)The Plan Manager shall carry out the duties of a “plan manager” as provided in Title 23, division 2, Chapter 1.5, Subchapter 2, California Code of Regulations. b)The Plan Manager has no authority to make policy decisions or represent the Coordination Committee without the specific direction of the Coordination Committee. The Plan Manager is obligated to disclose all substantive communications he/she transmits and receives in his/her capacity as Plan Manager to the Coordination Committee. 5.3 Coordination Committee Authorized Actions and Limitations 5.3.1 Authorized Actions The Coordination Committee is authorized to act upon the following enumerated items: a)The Coordination Committee shall review, and consistent with the requirements of SGMA, approve the Technical Memoranda described in Sections 8-12 of this Coordination Agreement. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 10 of 28 b)Once GSP Plans have been submitted to and approved by DWR, the Coordination Committee shall be responsible for ongoing review and updating of the Technical Memoranda as needed; assuring submittal of annual reports; providing five-year assessments and recommending any needed revisions to the Coordination Agreement; and providing review and assistance with coordinated projects and programs. c)The Coordination Committee shall review and approve work plans, and in accordance with the budgetary requirements of the respective Parties, approve annual estimates of Coordinated Plan Expenses presented by the Secretary and any updates to such estimates; provided, that such estimates or updates with supporting documentation shall be circulated to all Parties for comment at least thirty (30) days in advance of the meeting at which the Coordination Committee will consider approval of the annual estimate. d)Pursuant to Section 13, the Coordination Committee is authorized to approve changes to Exhibit “A” to this Coordination Agreement and to recommend amendments to terms of this Coordination Agreement. e)The Coordination Committee shall assign work to subcommittees and workgroups as needed, provide guidance and feedback and ensure that subcommittees and workgroups prepare work products in a timely manner. f)The Coordination Committee shall direct the Plan Manager in the performance of its duties under SGMA. g)The Coordination Committee shall provide direction to its Officers concerning other administrative and ministerial issues necessary for the fulfillment of the above-enumerated tasks. 5.3.2 Limitations When the terms of this Coordination Agreement or applicable law require the approval of a Party, that approval shall be required and evidenced as indicated in Section 6 of this Agreement. 5.4 Subcommittees and Workgroups The Coordination Committee may appoint subcommittees, workgroups, or otherwise direct staff made available by the Parties. Such subcommittees or workgroups may include qualified individuals possessing the knowledge and expertise to advance the goals of the Coordination Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 11 of 28 Agreement on the topics being addressed by the subcommittee, whether or not such individuals are GSP Group Representatives or Alternate Representatives. 5.4.1 Work of Subcommittees and Workgroups Tasks assigned to subcommittees, workgroups , or staff made available by the Parties may include developing technical data, supporting information, and/or recommendations on matters including, but not limited to: a)Developing a process to update the Coordination Committee on the activities of the respective Parties, including the development, planning, financing, environmental review, permitting, implementation, and long-term monitoring of the multiple GSPs in the Subbasin; b)Subject to the oversight of the Coordination Committee, scheduling meetings of the subcommittee or workgroup as necessary to coordinate development and implementation of the Technical Memoranda and Coordination Agreement. Attendance at these meetings may be augmented to include staff or consultants of all Parties to ensure that the appropriate expertise is available; c)Determining common methodologies for GSP development; d) Developing a Subbasin-wide monitoring network; e)Preparing a coordinated water budget; f)Developing a coordinated data management system; g)Providing an explanation of how the respective GSPs implemented together satisfy the requirements of SGMA and are in substantial compliance with SGMA; and h)Such other tasks as may be referred by the Coordination Committee from time to time. 5.4.2 Subcommittee Voting One GSP Group Representative or Alternate Representative shall vote on behalf of the GSP Group at the subcommittee level; if no GSP Group Representative or Alternate Representative is present, one individual working on a subcommittee on behalf of the Parties in a GSP Group shall vote on behalf of the GSP Group. Subcommittees shall report voting results and provide Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 12 of 28 information to the Coordination Committee but shall not be entitled to make determinations or determinations that are binding on the Parties. 5.5 Coordination Committee Meetings 5.5.1 Timing and Notice The Chairperson of the Coordination Committee, any two GSP Group Representatives, or the Secretary may call meetings of the Coordination Committee as needed to carry out the activities described in this Coordination Agreement. The Coordination Committee may, but is not required to, set a date for regular meetings for the purposes described in this Coordination Agreement. All Coordination Committee Meetings shall be held in compliance with the Ralph M. Brown Act (Government Code Section 54950 et seq.). 5.5.2 Quorum A majority of the GSP Group Representative(s) from every GSP Group listed on Exhibit “A” shall constitute a quorum of the Coordination Committee for purposes of holding a Coordination Committee meeting; provided, that the GSP Group Representative(s) from every GSP Group listed on Exhibit “A” must be present at a meeting for any Coordination Committee vote on a matter described in section 5.3.1 a) through 5.3 d) and 5.3.1 f) to take place. The GSP Group Alternate Representative(s) of each GSP Group shall be counted towards a quorum and as the voting representative(s) in the absence of the GSP Group Representative for which the GSP Group Alternate has been appointed. If less than a quorum is present, the GSP Group Representatives and Alternate Representatives may hear reports and discuss items on the agenda, but no action may be taken. 5.5.3 Open Attendance Members of the public, stakeholders, and representatives of the Parties who are not appointed as GSP Group Representatives may attend all meetings and shall be provided with an opportunity to comment on matters on the meeting agenda, but shall have no vote. 5.5.4 Minutes The Secretary’s appointee shall keep and prepare minutes of all Coordination Committee meetings. Notes of subcommittee and workgroup meetings shall be kept by the Secretary’s appointee or an assistant to the appointee. All minutes and subcommittee and workgroup meeting notes shall be maintained by the Secretary as Coordination Agreement records and shall be available to the Parties and the public upon request. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 13 of 28 5.6 Voting by Coordination Committee 5.6.1. Each GSP Group Representative shall be entitled to one vote at the Coordination Committee. It shall be up to the Parties in each GSP Group to determine how the GSP Group vote(s) will be cast. 5.6.2 Except as set forth in Section 5.6.3, the unanimous vote of the GSP Representatives from all GSP Groups is required on all items upon which the Coordination Committee is authorized to act as identified in Section 5.3.1 a) through 5.3.1 d) and 5.3.1 f); the vote of a majority of a quorum shall be required for all other matters on which the Coordination Committee is authorized to act. 5.6.3 Voting Procedures to Address Lack of Unanimity When it appears likely that the Coordination Committee will not be able to come to unanimous decision on any matter upon for which a unanimous decision is required, upon a majority vote of a quorum of the Coordination Committee, the matter may be subjected to the following additional procedures. a)Straw Polls Straw poll votes may be taken for the purpose of refining ideas and providing guidance to the Coordination Committee, subcommittees, or both. b)Provisional Voting Provisional votes may occur prior to final votes. This will be done when an initial vote is needed to refine a proposal but the GSP Group Representatives wish to consult with their respective GSP Group(s) before making a final vote. c)A vote shall be delayed if any GSP Group Representative declares its intention to propose an alternative or modified recommended action, to be proposed at the next meeting, or as soon thereafter as the GSP Group Representative can obtain any further information or clarifying direction from its GSP Group or governing body, or both, as needed to proposed its alternative or modified recommended action. d)If the process outlined in subsection 5.6.3(c) fails to result in a unanimous vote, any GSP Group Representative not voting in favor of the recommended action may request that the vote be delayed so that the Coordination Committee can obtain further information on the recommended action (for example, by directing a subcommittee established under this Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 14 of 28 Coordination Agreement), so the GSP Group Representative can obtain clarifying direction from its GSP Group or governing body, or both, as needed. e)Each of the Parties acknowledges the limited time provided by SGMA to complete the GSP preparation process, and agrees to make its best efforts to cooperate through the Coordinating Committee in coming to require a unanimous vote. SECTION 6 – APPROVAL BY INDIVIDUAL PARTIES 6.1 Where law or this Coordination Agreement require separate written approval by each of the Parties, such approval shall be evidenced in writing by providing the resolution, Motion, or Minutes of their respective Boards of Directors to the Secretary of the Coordination Committee. SECTION 7 – EXCHANGE OF DATA AND INFORMATION 7.1 Exchange of Information The Parties acknowledge and recognize pursuant to this Coordination Agreement that the Parties may need to exchange information amongst and between the Parties. 7.2 Procedure for Exchange of Information 7.2.1 The Parties shall exchange public and non-privileged information through collaboration and/or informal requests made at the Coordination Committee level or through subcommittees designated by the Coordination Committee. However, to the extent it is necessary to make a written request for information to another Party, each Party shall designate a representative to respond to information requests and provide the name and contact information of the designee to the Coordination Committee. Requests may be communicated in writing and transmitted in person or by mail, facsimile machine, or other electronic means to the appropriate representative as named in this Coordination Agreement. The designated representative shall respond in a reasonably timely manner. 7.2.2 Nothing in this Coordination Agreement shall be construed to prohibit any Party from voluntarily exchanging information with any other Party by any other mechanism separate from the Coordination Committee. 7.2.3 The Parties agree that each GSP Group shall provide the data required to develop the Subbasin-wide coordinated water budget but unless required by law, will not be required to provide individual well or parcel-level information in order to preserve Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 15 of 28 confidentiality of individuals to the extent authorized by law, including but not limited to Water Code Section 10730.8, subdivision (b). 7.2.4 To the extent that a court order, subpoena, or the California Public Records Act is applicable to a Party, such Party in responding to a request made pursuant to that Act for release of information exchanged from another Party shall notify each other Party in writing of its proposed release of information in order to provide the other Parties with the opportunity to seek a court order preventing such release of information. SECTION 8 – METHODOLOGIES AND ASSUMPTIONS 8.1 SGMA Coordination Requirements Pursuant to SGMA, this Coordination Agreement must ensure that the individual GSPs utilize the same data and methodologies for developing assumptions used to determine: 1) groundwater elevation; 2) groundwater extraction data; 3) surface water supply; 4) total water use; 5) changes in groundwater storage; 6) water budgets; and 7) sustainable yield. 8.2 Pre-GSP Coordination Prior to the individual development of GSPs, the Parties agree to develop agreed-upon methodologies and assumptions for 1) groundwater elevation; 2) groundwater extraction data; 3)surface water supply; 4) total water use; 5) changes in groundwater storage; 6) water budgets; and 7) sustainable yield. This development may be facilitated through the Coordination Committee’s delegation to a sub-committee or workgroup of the technical staff provided by some or all of the Parties. The basis upon which the methodologies and assumptions will be developed includes existing data/information, best management practices, and/or best modeled or projected data available and may include consultation with the DWR as appropriate. 8.3 Technical Memoranda Required The data and methodologies for assumptions described in Water Code section 10727.6 and title 23, California Code of Regulations, section 357.4 to prepare coordinated plans shall be set forth in Technical Memoranda prepared by the Coordination Committee for each of the elements discussed in Sections 9, 10, 11, and 12 of this Coordination Agreement. The Technical Memoranda shall be subject to the unanimous approval of the Coordination Committee and once approved, shall be attached to and incorporated by reference into this Coordination Agreement without Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 16 of 28 formal amendment of the Coordination Agreement being required. The Parties agree that they shall not submit this Coordination Agreement to DWR until the Technical Memoranda described herein have been added to the Coordination Agreement. The Technical Memoranda created pursuant to this Agreement shall be utilized by the Parties during the development and implementation of their GSPs in order to assure coordination of the GSPs in compliance with SGMA. SECTION 9 – MONITORING NETWORK 9.1 In accordance with SGMA, the Parties hereby agree to coordinate the development and maintenance of a monitoring network at a Subbasin level through the coordination of the respective monitoring networks established pursuant to the GSPs in which each of the Parties hereto are participating. The Subbasin monitoring network description shall include monitoring objectives, protocols, and data reporting requirements specific to enumerated sustainability indicators. Each GSP Group’s network shall facilitate the collection of data in order to characterize groundwater and related surface water conditions in the Subbasin and evaluate changing conditions that occur from implementation of the individual GSPs. Each Party’s GSP will describe the monitoring network’s objectives for the Subbasin, including an explanation of network development and implementation to monitor groundwater and related surface conditions, and the interconnection of surface water and groundwater. 9.2 Each GSP Group shall provide the Coordination Committee all relevant data and information for their respective representative monitoring sites established in accordance with Title 23, California Code of Regulations, section 354.36, as amended from time to time. SECTION 10 – COORDINATED WATER BUDGET 10.1 In accordance with SGMA, the Parties hereby agree to prepare a single coordinated water budget for the Subbasin as described in this subsection for use in the respective GSP in which each of the Parties hereto are participating. The water budget will provide an estimate of the total annual volume of groundwater and surface water entering and leaving the Subbasin, including historical, current and projected water budget conditions, and the change in the volume of water stored and the safe yield for differing aquifers. 10.2 To the extent feasible, the Parties will consider the best available information and best available science to quantify the water budget for the Subbasin in order to provide an Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 17 of 28 understanding of historical and projected hydrology, water demand, water supply, land use, population, climate change, sea level rise, groundwater and surface water interaction, and subsurface groundwater flow. SECTION 11 – COORDINATED DATA MANAGEMENT SYSTEM 11.1 The Parties will develop and maintain a coordinated data management system that is capable of storing and reporting information relevant to the reporting requirements and/or implementation of the GSPs and monitoring network of the Subbasin. 11.2 The Parties also will develop and maintain separate data management systems. Each separate data management system developed for each GSP will store information related to implementation of each individual GSP, monitoring network data and monitoring sites requirements, and water budget data requirements. Each system will be capable of reporting all pertinent information to the Coordination Committee. After providing the Coordination Committee with data from the individual GSPs, the Coordination Committee will ensure the data is stored and managed in a coordinated manner throughout the Subbasin and reported to DWR annually as required. SECTION 12 – ADOPTION AND USE OF THE COORDINATION AGREEMENT 12.1 Coordination of GSPs Each Party is responsible to ensure that its own GSP complies with the statutory requirements of SGMA, including but not limited to the filing deadline. The Parties to this Coordination Agreement intend that their individual GSPs be coordinated together in order to satisfy the requirements of SGMA and to be in substantial compliance with the California Code of Regulations. The collective GSPs will satisfy the requirements of sections 10727.2 and 10727.4 of the Water Code by providing a description of the physical setting and characteristics of the separate aquifer systems within the Subbasin, the measurable objectives for each such GSP, interim milestones, and monitoring protocols that together provide a detailed description of how the Basin as a whole will be sustainably managed. 12.2 GSP and Coordination Agreement Submission Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 18 of 28 The Parties agree to submit their respective GSPs to DWR through the Coordination Committee and Plan Manager, in accordance with all applicable requirements. Subject to the subsequent attachment of the Technical Memoranda described in Sections 8-12, the Parties intend that this Coordination Agreement fulfill the requirements of providing an explanation of how the GSPs implemented together satisfy the requirements SGMA for the entire Subbasin. SECTION 13 – MODIFICATION AND TERMINATION OF THE COORDINATION AGREEMENT 13.1 Modification or Amendment of Exhibit “A” The Parties agree that Exhibit “A,” except for the withdrawal or addition of Parties to this Agreement, may be updated by unanimous vote of the Coordination Committee from time to time. Upon such modification, the updated Exhibit “A” shall be attached to this Agreement as a replacement to the previously existing Exhibit “A.” Upon such attachment, the updated “Exhibit “A” shall become a part of this Coordination Agreement without further Amendment of the Coordination Agreement being required. The Secretary shall provide notice of such change to all Group Contacts. 13.1.1 Addition of a Party A Party may be added to this Coordination Agreement only upon its execution of a counterpart of this Agreement and its provision of any additional documentation required by Sections 3.1.2 a)through 3.1.2 d) of this Coordination Agreement. No Party may be added that is not within the Delta-Mendota Subbasin or that fails to execute an agreement to share in Coordinated Plan Expenses, unless such payment is waived by consent of all Parties. 13.2 Modification or Amendment of Coordination Agreement Except as provided in Sections 13.1 and 13.3, the Parties hereby agree that this Coordination Agreement may be supplemented, amended, or modified only by a writing signed by all Parties. 13.3 Amendment for Compliance with Law Should any provision of this Coordination Agreement be determined to be not in compliance with legal requirements under circumstances where amendment of the Agreement to include a provision addressing the legal requirement will cure the non-compliance, the Parties agree to promptly prepare and approve such amendment. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 19 of 28 SECTION 14 – WITHDRAWAL, TERM, AND TERMINATION 14.1 Withdrawal Subject to the requirements identified in SGMA and the any coordination guidelines or regulations issued by DWR, a Party may unilaterally withdraw from this Coordination Agreement without causing or requiring termination of this Coordination Agreement, effective upon thirty (30) days written notice to the Secretary and all other Parties. The Plan Coordinator shall report any such withdrawal to DWR within five (5) days of receipt of the written notice. 14.1.1 Any Party who withdraws shall remain obligated for Coordinated Plan Expenses as provided in a separate Cost Sharing Agreement. If no separate Cost Sharing Agreement is then in effect or enforceable against the withdrawing Party, the Party is obligated to pay its share of all debts, liabilities, and obligations the Party incurred or accrued under the Coordination Agreement prior to the effective date of such withdrawal, as established under its separate GSP Group agreement concerning such share of obligations. 14.1.2 Upon withdrawal, a Party agrees that it has a continuing obligation to comply with SGMA and any coordination guidelines or regulations issued by DWR, which require a coordination agreement if there are multiple GSPs in the Subbasin. This obligation shall survive the withdrawal from this Coordination Agreement and is for the express benefit of the remaining Parties. 14.1.3 In the event any GSP Group Representative(s) prevents/prevent a required unanimous vote of the Coordination Committee after following all procedures described in 5.3.1 or Section 15 of this Agreement, the Parties in such GSP Group agree to provide notice that such GSP Group has unilaterally withdrawn from this Agreement in accordance with this Section. 14.2 Term As modified pursuant to Section 13 and unless terminated in accordance with Section 14.2.3, this Coordination Agreement shall continue for a term that is coterminous with the requirements of SGMA for the existence of a Coordination Agreement. 14.3 Termination This Coordination Agreement may be terminated or rescinded and the coordinated implementation of GSPs terminated by unanimous written consent of all the Parties. Nothing Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 20 of 28 in this Coordination Agreement shall prevent the Parties from entering into another coordination agreement for coordination with any other subbasin. SECTION 15 – PROCEDURES FOR RESOLVING CONFLICTS In the event of any dispute arising from or relating to this Agreement, the disputing Party shall, within thirty (30) calendar days of discovery of the events giving rise to the dispute, notify all Parties to this Agreement in writing of the basis for the dispute. Within thirty (30) calendar days of receipt of said notice, all interested Parties shall meet and confer in a good-faith attempt to informally resolve the dispute. All disputes that are not resolved informally shall be settled by arbitration. Within ten (10) days following the failed informal proceedings, each interested Party shall nominate and circulate to all other interested Parties the name of one arbitrator. Within ten (10) days following the nominations, the interested Parties shall rank their top three among all nominated arbitrators, awarding three points to the top choice, two points to the second choice, one point to the third choice and zero points to all others. Each interested Party shall forward its tally to the Secretary, who shall tabulate the points and notify the interested Parties of the arbitrator with the highest cumulative score, who shall be the selected arbitrator. The Secretary may also develop procedures for approval by the Parties, for selection in the case of tie votes or in order to replace the selected arbitrator in the event such arbitrator declines to act. The arbitration shall be administered in accordance with the procedures set forth in the California Code of Civil Procedure, section 1280, et seq., and of any state or local rules then in effect for arbitration pursuant to said section. Upon completion of arbitration, if the controversy has not been resolved, any Party may exercise all rights to bring a legal action relating to the controversy. SECTION 16 – GENERAL PROVISIONS 16.1 Authority of Signers The individuals executing this Coordination Agreement represent and warrant that they have the authority to enter into this Coordination Agreement and to legally bind the Party for whom they are signing to the terms and conditions of this Coordination Agreement. 16.2 Governing Law The validity and interpretation of this Coordination Agreement will be governed by the laws of the State of California without giving effect to the principles of conflict of laws, with venue for all purposes to be proper only in the County of Merced, State of California. NORTHWESTERN DELTA-MENDOTA GSA Countv of Merced I Date: County of Stanislaus I Date: Signature Signature Name of Representative: Name of Representative: CENTRAL DELTA-MENDOTA REGION MULTI-AGENCY GSA San Luis Water District I Date: Panoche·Water District I Date: Signature Signature Name of Representative: Name of Representative: Tranquillity Irrigation I Date: Fresno Slough Water District I Date: District Signature Signature Name of Representative: Name of Representative: Ea2le Field Water District I Date: Pacheco Water District I Date: Signature Signature Name of Representative: Name of Representative: Santa Nella County Water I Date: Mercy Springs Water I Date: District District Signature Signature Name of Representative: Name of Representative: County of Merced I Date: County of Fresno I Date:iJ,.1119 Signature Signatur~ ~~~-( T -- Name of Representative: Name of Itei>resentative: ORO LOMA WATER DISTRICT GSA Oro Loma Water District I Date: Signature Name of Representative: WIDREN WATER DISTRICT GSA Widren Water District I Date: Signature Name of Representative: SAN JOAQUIN RIVER EXCHANGE CONTRACTORS GSA Central California Irrigation I Date: Columbia Canal Company I Date: District Signature Signature Name of Representative: Name of Representative: Firebau2h Canal Company I Date: San Luis Canal Company I Date: Signature Signature C oordination Agreem ent -D elta -Mendota Sub bas in 05-14-201 8 FINAL Page 22 of 28 GRASSLAND WATER DISTRICT GSA Grassland Water District I Date: Grassland Resource I Date: Con servation District Signature Sign atu re Name of Representative: Name ofReoresentative: FARMERS WATER DISTRICT GSA Farmers Water District I Date: Signature Name of Representative: ATTEST: FRESNO COUNTY MANAGEMENT AREA A and B GSAs BERNICE E. SEIDEL County of Fresno I Date: ('\.. --•'---\. .::l\ ~~ Clerk of t he Board of Superv isors Sign~e -\.~ ~ Coun ty of Fresno , State of Ca lifornia Bv ~ ~ a A A A ..... Depu t Nam e <lf R/pr~entative: y AL~ WATER DISTRICT GSA Aliso Water District I Date: Signature Name of Representative: EXECUTING NOT AS A PARTY: SAN LUIS & DELTA-MENDOTA WATER AUTHORITY San Luis & Delta-Mendota I Date: Water Authority Signature Name of Representative: Coordination Agreement -Delta-Mendota Subbasin 05-14 -2018 FINAL Page 24 of28 Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 25 of 28 EXHIBIT “A” – Groundwater Sustainability Plan (GSP) Groups Groundwater Sustainability Plan Group & Representation on Coordination Committee Group Contact Agency Participation Percentage 1 Northern / Central Delta-Mendota Region – 2 Representatives West Stanislaus Irrigation District 16.7% Central DM Subgroup – 1 Member representing the following: Central Delta-Mendota Multi-Agency GSA Oro Loma Water District GSA Widren Water District GSA Northern DM Subgroup – 1 Member representing the following: City of Patterson GSA DM-II GSA Northwestern Delta-Mendota GSA Oak Flat Water District GSA Patterson Irrigation District GSA West Stanislaus Irrigation District GSA 2 San Joaquin River Exchange Contractors – 2 Representatives San Joaquin River Exchange Contractors 16.7% City of Dos Palos GSA City of Firebaugh GSA City of Gustine GSA City of Los Banos GSA City of Mendota GSA City of Newman GSA Madera County GSA Merced County Delta-Mendota GSA San Joaquin River Exchange Contractors GSA Turner Island Water District-2 GSA 3 Farmers Water District – 1 Representative Farmers Water District 16.7% Farmers Water District GSA Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 26 of 28 4 Aliso Water District – 1 Representative Aliso Water District 16.7% Aliso Water District GSA 5 Grassland Water District – 1 Representative Grassland Water District 16.7% Grassland Water District GSA Grassland WD and Grassland Resource Conservation District Merced County Delta-Mendota GSA 6 Fresno County Management Area A & B – -1 Representatives Fresno County 16.7% Fresno County Management Area A GSA Fresno County Management Area B GSA Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 27 of 28 APPENDIX – SGMA DEFINITIONS 1. “Agency” or “GSA” shall mean a groundwater sustainability agency as defined in SGMA. 2. “Coordination Agreement” shall mean this Coordination Agreement, unless indicated otherwise. 3. “Annual Report” shall mean the report required by Water Code Section 10728 and SGMA Regulations Section 356.2. 4. “Basin” shall mean the Delta-Mendota subbasin and defined in Bulletin 118 as Basin 5- 22.07; for purposes of the Coordination Agreement, “Basin” and “Subbasin shall have the same meaning. 5. “Basin Setting” shall mean the information about the physical setting, characteristics, and current conditions of the basin as described by the Agency in the hydrogeologic conceptual model, the groundwater conditions, and the water budget, pursuant to California Code of Regulations, title 23, sections 354.12-354.20. 6. “CASGEM” shall mean the California Statewide Groundwater Elevation Monitoring Program developed by the DWR. 7. “DWR” shall mean the Department of Water Resources. 8. “Groundwater” shall mean the water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. 9. “Groundwater flow” shall mean the volume and direction of groundwater movement into, out of, or throughout a basin. 10. “Interconnected surface water” shall mean the surface water that is hydraulically connected at any point by a continuous saturated zone to the underlying aquifer and the overlying surface water is not completely depleted. 11. “Measureable objectives” shall mean specific, quantifiable goals for the maintenance or improvement of specified groundwater conditions that have been included in an adopted GSP to achieve the sustainability goal for the basin. Coordination Agreement – Delta-Mendota Subbasin 05-14-2018 FINAL Page 28 of 28 12. “Principal Aquifers” shall mean aquifers or aquifer systems that store, transmit, and yield significant or economic quantities of groundwater to wells, springs, or surface water systems. 13. “Representative Monitoring” shall mean a monitoring site within a broader network of sites that typifies one or more conditions within the basin or an area of the basin. 14. “Sustainability Indicator” shall mean any of the effects caused by groundwater conditions occurring throughout the basin that, when significant and unreasonable, cause undesirable results. 15. “Water Source Type” shall mean the source from which water is derived to meet the applied beneficial uses, including groundwater, precipitation, recycled water, reused water, and surface water sources. 16. “Water Use Sector” shall mean categories of water demand based on the general land uses to which the water is applied, including urban, industrial, agricultural, managed wetlands, managed recharge, and native vegetation.