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Home My WebLink AboutAgreement A-15-284 with Kings Groundwater Basin MOU.pdfAGREEMENT NO.15-284 MEMORANDUM OF UNDERSTANDING FOR IMPLEMENTATION OF THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT IN THE KINGS GROUNDWATER BASIN THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made and effective as of May 4,2015,byand between the Consolidated Irrigation District,the Fresno Irrigation District,theCountyof Fresno,the Countyof Tulare,the Cityof Fresno,the Cityof Clovisand the Kings River Conservation District ("KRCD"),eacha "Party"and collectively the "Parties," with reference to the following facts: A. The State of Californiahas enactedthe SustainableGroundwaterManagement Act (contained in SB 1168,AB 1739 and SB 1319),referred to in this MOU as the "Act," pursuantto whichcertain local agenciesmay become"groundwater sustainabilityagencies"and adopt "groundwater sustainability plans" in order to manage and regulate groundwater in underlying groundwater basins.(The Act defines "basin"as a basin or subbasin identified and defined in California Departmentof Water Resources Bulletin 118.)EachPartyis a local agency qualifiedto becomea groundwatersustainabilityagency and adopt a groundwater sustainability plan under the Act. B. Multiple local agencies overlying a single groundwater basin or subbasin may adopt individual groundwater sustainability plans if those plans are coordinated, or mayjoin together to adopt a single plan. The Parties all overlie portions of the Kings Subbasin as it is currently defined by the California Department of Water Resources (the "Basin")and wish to participate in the implementation of the Act specifically within the Basin. As a result, coordination and cooperation between them is necessary in order to determine their respective roles and the manner in which they will implement the Act. In addition,other agencies that are qualified to become groundwater sustainability agencies overlie the Basin and have expressed interest in implementation of the Act in the Basin, and the Parties acknowledge the importance of involving those other agencies in the management of groundwater resources in the Basin under the Act.The Parties wish to create a vehicle that will allow those other agencies to become involved in that management if they so desire. C. The Parties wish to provide a framework for cooperative efforts relative to implementation of the Act in the Basin, both with each other and with other agencies in the Basin interested in implementing the Act, to help ensure that the Act is implemented in the Basin effectively,efficiently,fairly, and at the lowest reasonable cost. THEREFORE,in consideration of the mutual promises set forth below and to implement the goals described above,the Parties agree as follows: 1. Purposes of MOU. The primary purposes of this MOU are to (i) facilitate a cooperativeand ongoing working relationship between the Parties that will allow them to explore, study, evaluate and (to the extent the Parties agree) develop and implement mutually beneficialapproaches and strategies for implementing the Act in the Basin ("Alternatives") and (ii) facilitate contacts with other agencies overlying the Basin so that they can be invited to participatein this MOU or activities undertaken in connection herewith. SGMA MOU final 5-04-15 3-Implementation of Alternatives.The Parties intend that this MOU govern their joint activities while they are exploring,studying,evaluating and developing Alternatives.The Parties shall regularly confer on Alternatives,and nothing in this MOU is intended to restrict the range of Alternatives that may be discussed or pursued by the Parties.If any or all of the Parties identify an Alternative they wish to jointly implement,they shall develop the appropriate agreement(s)governing such Alternative.Such agreement(s),and not this MOU,shall govern implementation ofan Alternative tobe pursued jointly by any of the Parties.No Alternative identified by the Parties shall be undertaken until they have complied with all applicable environmental laws,including without limitation the California Environmental Quality Act and any other applicable Federal or state law. 4-Outreach to Other Agencies.In recognition of the importance of involving all interested agencies in the Basin that are or will be qualified to be groundwater sustainability agencies under the Act in the management of the Basin,asan initial activity under this MOU,the Parties shall develop and implement an outreach plan pursuant to which the Parties will contact other agencies within or near their respective boundaries that may become groundwater sustainability agencies and adopt groundwater sustainability plans under the Act,to invite their participation in this MOU and activities undertaken in connection herewith.Subject to Section 13 of this MOU, such agencies may become Parties hereto. 5.Formation of Joint Powers Authority.Asapartof their cooperative efforts under this MOU,the Parties shall discuss and explore the formation ofa new joint powers authority or similar arrangement to develop and implement a single groundwater sustainability plan or coordination of groundwater sustainability plans through a coordination agreement or agreements as provided for in the Act for some orallof the Basin.Without limiting the range of issues associated with formation of such ajoint powers authority or similar arrangement tobe considered bythe Parties,they shall evaluate whether agencies overlying the Basin,which have been contacted pursuant to Section 4 ofthis MOU butwhichhavenotjoined inthis MOU, should be invited to participate insuchjoint powers authority or similar arrangement. 6. No Obligation.None of thePartiesis obligated to pursueany Alternative itdoes notbelieve,in its sole and absolutediscretion,to be in suchParty's best interests. 7. Costs. Each Party shall bear all costs it incurs with respect to its activities under this MOU,including without limitation costs relative to Alternatives inwhichtheywishto participate prior to their implementation.Costs incurred in connection with this MOU for the joint benefit ofall Parties shallbe borne equally bythe Parties,with KRCD actingas fiscal agent forsuchexpenses. The other Parties shall promptlycontributetheir respective sharesof any suchcostsupon receipt of a request fromKRCDtogether with an accountingthereof. 8.Staff.Each Party shall designatea principalcontactperson for that Party, who may be changed from time to time, and such other appropriate staff members and consultants to participate on such Party's behalf in activities undertakenpursuant to this MOU. Theprincipal contactperson for each Party shall be responsible for coordinating meetings and other activities underthis MOU with the principal contact person for the other Parties. Meetings shall occur as SGMA MOU final 5-04-15 the principal contacts determine are necessary,and each Party shall make its expertise and resources reasonably available for activities under this MOU. 9-Other Alternatives.Nothing in this MOU shall preclude any Party from pursuing implementation oftheActonits own or with third parties.Further,while the Parties intend to diligently explore Alternatives in which all of them participate,nothing in this MOU shall preclude anyofthe Partiesfrompursuing Alternatives withlessthanall of the other Parties. 10-Ongoing Cooperation.The Parties acknowledge that activities under this MOU will require the frequent interaction between them in order to exploit opportunities and resolve issues that arise.The Parties shall work cooperatively and in good faith.The goal of the Parties shall beto preserve flexibility with respect tothe implementation ofeach Alternative to maximize the mutual benefits of that Alternative to the Parties.Notwithstanding the foregoing, nothing in this MOU shall be interpreted to require the Parties to jointly implement any Alternatives,and each Party reserves the unrestricted authority and right to determine whether it wishesto implement any Alternatives with the other Parties. 11.Confidentiality. The Parties acknowledgethat, in connection withtheir mutual activities underthis MOU,each of themmaysharesensitiveand/or confidential information with the other Parties.To the fullest extent permitted by law,each of the Parties shall maintain any information,documents or materials shared bythe other Parties or mutually developed pursuant to this MOU in confidence andshallnot voluntarily provide or reveal such information, documents or materials toany third party.Ifany Party receives a request or order from a third partythatthereceivingPartybelieves requires it to discloseany such information,documents or materials,the receiving Party shall (i)immediately notify theother Parties and provide them with a copy of such request or order, (ii) defer any disclosure of such information, documents or materials foraslongas legally permitted and(iii)cooperate withanyotherPartythat wishes to pursue an order preventing the disclosure of such information,documents or materials. 12.Notices. Any formal noticeor other formalcommunicationgiven underthe terms ofthis MOU shallbein writing andshallbegiven personally,by facsimile orby certified mail, postage prepaid and return receipt requested. Any notice shall be delivered or addressed to the parties at the addresses or facsimile numbers set forth below or at such other address or facsimile numbers as shall be designated by notice in writing in accordance with the terms of this Agreement. The date of receipt of the notice shall be the date of actual personal service or confirmed facsimile transmission,or three days after the postmark on certified mail. If notice is given to the Consolidated Irrigation District, it shall be given at the following address and facsimile number: Consolidated Irrigation District 2255 Chandler Street Selma,CA 93662 Attn: General Manager Facsimile No.:559-896-8488 SGMA MOU final 5-04-15 Ifnotice is given to the Fresno Irrigation District,it shall be given at the following address and facsimile number: Fresno Irrigation District 2907 S Maple Avenue Fresno,CA 93725 Attn: General Manager Facsimile No.:559-233-8227 If notice is given to the County of Fresno,it shall be given at the following address and facsimile number: County of Fresno 2220 Tulare Street,6th floor Fresno California 93721 Attn:Director of PublicWorksandPlanning Facsimile No.:559-600-4537 If notice is given to the County of Tulare,it shall be given at the following address and facsimile number: County of Tulare 2800 W.Burrel Visalia,CA 93291 Attn:County Administrative Officer Facsimile No.:559-733-6318 If notice is given totheCityof Fresno,it shall be given atthe following address and facsimile number: City of Fresno Department of Public Utilities 2600 Fresno Street Fresno,CA 93721 Attn: Thomas C.Esqueda,Director Facsimile No.:559-498-1304 If noticeis givento the City of Clovis, it shall be given at the following address and facsimile number: City of Clovis 1033 Fifth Street Clovis,CA 93612 Attn:Public Utilities Director Facsimile No.:559 324-2862 SGMA MOU final 5-04-15 If notice istobe given to KRCD,it shall be given atthe following address and facsimile number: Kings River Conservation District 4886 East Jensen Avenue Fresno,CA 93725 Attn: General Manager Facsimile No.:559-237-5567 13.Entire Agreement.This MOU incorporates theentireand exclusive agreement of the Parties with respect tothe matters described herein and supersedes allprior negotiations and agreements (written,oralor otherwise)related thereto.This MOU maybe amended (including withoutlimitationto add new Parties)only in a writingexecutedby all of the Parties. 14.Termination.This MOU shall remain ineffect unless terminated bythe mutual written consent of the Parties,or upon30dayswrittennoticeoftermination delivered byone Partyto theothersthat is not withdrawn priorto the specified terminationdate;provided,that upon termination byone Party,the remaining Partiesmay bymutualwritten agreement continue this MOU ineffectas between the non-terminating Parties.No Partyshallbe liable toanyother if it elects to terminate this MOU. 15. Severability. Should any provision of this MOU be determined by a court of competent jurisdiction to be void, in excess of a Party's authority, or otherwise unenforceable, the validity of the remaining provisions of this MOU shall not be affected thereby. 16. Assignment. No rights and duties of any of the Parties under this MOU may be assigned or delegated without the express prior written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties without such consent shall be null and void. Signatures on next page SGMA MOU final 5-04-15 IN WITNESS WHEREOF,the parties have executed this MOU as of the date first above written. County of Fresno By:iMwWii.1MJKL4AJM DeborahA.Poochigian,Chairma/ Board of Supervisors Approved as to Legal Form: Daniel Cederborg Fresno County Counsel _^W^ Approved as to Accounting Form Vicki Crow,C.P.A. Auditor Controller/Treasure-Tax Collector Bv:Hx,L^-X Attest: Bernice E.Seidel Clerk to the Board of Supervisors By:^Vqa^J^x^S xQ*jQuK SGMA MOU final 5-04-15 COUNTY OF TULARE CITY OF FRESNO By:By: Chairman,Tulare County Board of Supervisors CONSOLIDATED IRRIGATION DISTRICT CITY OF CLOVIS By:By:_ Phil Desatoff,General Manager FRESNO IRRIGATION DISTRICT By:. Gary R.Serrato,General Manager KINGS RIVER CONSERVATION DISTRICT By: David L.Orth,General Manager SGMA MOU final 5-04-15