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HomeMy WebLinkAboutAgreement A-15-601.pdfAgreement No. 15-601 Exhibit "A" MEMORANDUM OF UNDERSTANDING FOR IMPLEMENTATION OF THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT IN THE FRESNO AREA I NORTH KINGS SUB-BASIN THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made and effective as of \}b\1 nib, 2015, by and between the Fresno Irrigation District, the City of Fresno, the City of Clovis, the County of Fresno, Malaga County Water District, Garfield Water District, Biola Community Service District, Pinedale County Water District, Fresno State University, Fresno Metropolitan Flood Control District, City of Kerman, International Water District, Bakman Water Co., a Public Utility Commission regulated private water company, each a "Party" and collectively the "Parties," with reference to the following facts: A. The State of California has enacted the Sustainable Groundwater Management Act (contained in SB 1168, AB 1739, and SB 1319), referred to in this MOU as the "Act", pursuant to which certain local agencies may become "groundwater sustainability agencies" and adopt "groundwater sustainability plans" in order to manage and regulate groundwater in underlying groundwater basins. (The Act defines "basin" as a basin or sub-basin identified and defined in California Department of Water Resources Bulletin 118.) Each Party is a local agency qualified to become a groundwater sustainability agency and adopt a groundwater sustainability plan under the Act or a corporation regulated by the Public Utilities Commission and qualified (upon approval of the local agencies) to participate in a groundwater sustainability agency. B. Multiple local agencies overlying a single groundwater basin or sub-basin may adopt individual groundwater sustainability plans if those plans are coordinated, or may join together to adopt a single plan. The Parties all overlie portions of the Kings Sub-basin 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 Fresno Area I North Kings Sub-basin. Coordination and cooperation between the Parties is necessary in order to determine the respective roles and the manner in which the Parties will implement the Act. Parties acknowledge the importance of involving other agencies in the management of groundwater resources in the Basin under the Act. The Parties wish to create a vehicle that will allow 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 cooperative and 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 beneficial approaches and strategies for implementing the Act in the Basin ("Management Activities") and (ii) facilitate contacts with other agencies overlying the Basin so that they can be invited to participate in this MOU or activities undertaken in connection herewith. 2. Implementation of Management Activities. The Parties intend that this MOU govern their joint activities while they are exploring, studying, evaluating, and developing Management Activities. The Parties shall regularly confer on Management Activities, and nothing in this MOU is intended to restrict the range of Management Activities that may be discussed or pursued by the Parties. If any or all of the Parties identify a Management Activity they wish to jointly implement, they shall develop the appropriate agreement(s) governing such Management Activity. Such agreement(s), and not this MOU, shall govern implementation of a Management Activity to be pursued jointly by any of the Parties. No Management Activity 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. 3. Outreach to Other Agencies. In recognition of the importance of involving all interested agencies in the Fresno Area / North Kings Sub-Basin, as an 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 jurisdiction 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. 4. Adding Parties to the MOU. An agency overlying the Basin that is qualified to become or can participate in a groundwater sustainability agency under the Act that wishes to become a Party to this MOU (an “Interested Agency”) may become a Party to this MOU upon the concurrence of 75% of the then-current Parties to this MOU. No amendment of this MOU shall be required. Such concurrence shall specify the terms on which the Interested Party will become a Party to this MOU, which terms may differ from the terms of this MOU, including without limitation with respect to the calculation and payment of costs described in Section 7 below. The Interested Agency shall become a Party to this MOU upon its execution of a commitment to be bound by the terms of this MOU and the terms so specified that includes the Interested Agency’s contact information for notices under the MOU. 5. Formation of Joint Powers Authority. As a part of their cooperative efforts under this MOU, the Parties shall discuss and explore the formation of a new joint powers authority or similar arrangement to develop and implement a single groundwater sustainability plan. Without limiting the range of issues associated with formation of such a joint powers authority or similar arrangement to be considered by the Parties, they shall evaluate whether agencies overlying the Basin which have been contacted pursuant to Section 3 of this MOU but which have not joined in this MOU, should be invited to participate in such joint powers authority or similar arrangement. 6. No Obligation. None of the Parties is obligated to pursue any Management Activity it does not believe, in its sole and absolute discretion, to be in such Party'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 Management Activities in which they wish to participate prior to their implementation. 8. Staff. Each Party shall designate a principal contact person for that Party, who may be changed from time to time, and other such appropriate staff members and consultants to participate on such Party's behalf in activities undertaken pursuant to this MOU. The principal contact person for each Party shall be responsible for coordinating meetings and other activities under this MOU with the principal contact person for the other Parties. Meetings shall occur as the principal contacts determine are necessary, and each Party shall make its expertise and resources reasonably available for activities under this MOU. 9. Other Management Activities. While the Parties intend to diligently explore Management Activities in which all of them participate, nothing in this MOU shall preclude any of the Parties from pursuing Management Activities with less than all 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 explore opportunities and resolve issues that arise. The Parties shall work cooperatively and in good faith. The goal of the Parties shall be to preserve flexibility with respect to the implementation of each Management Activity to maximize the mutual benefits of that Management Activity to the Parties. Notwithstanding the foregoing, nothing in this MOU shall be interpreted to require the Parties to jointly implement any Management Activities, and each Party reserves the unrestricted authority and right to determine whether it wishes to implement any Management Activities with the other Parties. 11. Confidentiality. The Parties acknowledge that, in connection with their mutual activities under this MOU, each of them may share sensitive and/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 by the other Parties or mutually developed pursuant to this MOU in confidence and shall not voluntarily provide or reveal such information, documents or materials to any third party. If any Party receives a request or order from a third party that the receiving Party believes requires it to disclose any such information, documents or materials, the receiving Party shall (i) immediately notify the other Parties and provide them with a copy of such request or order, (ii) defer any disclosure of such information, documents or materials for as long as legally permitted, and (iii) cooperate with any other Party that wishes to pursue an order preventing the disclosure of such information, documents or materials. 12. Notices. Any formal notice or other formal communication given under the terms of this MOU shall be in writing and shall be given personally, by facsimile, or by certified mail, postage prepaid and return receipt requested at the addresses or facsimile numbers beneath such the recipient's signature line on this MOU. 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. 13. Entire Agreement. This MOU incorporates the entire and exclusive agreement of the Parties with respect to the matters described herein and supersedes all prior negotiations and agreements (written, oral, or otherwise) related thereto. This MOU may be amended (including without limitation to add new Parties) only in a writing executed by all of the Parties. 14. Termination. This MOU shall remain in effect unless terminated by the mutual written consent of the Parties, or upon 30 days written notice of termination delivered by one Party to the others that is not withdrawn prior to the specified termination date; provided, that upon termination by one Party, the remaining Parties may by mutual written agreement continue this MOU in effect as between the non- terminating Parties. No Party shall be liable to any other 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. IN WITNESS WHEREOF, the parties have executed this MOU as of the date first above written. County of Fresno County of Fresno 2220 Tulare Street, 6th Floor Fresno, CA 93721 Attn: Alan Weaver, Director Facsimile No.: (559) 600-4548 ATTEST: BERNICE E. SEIDEL, Clerk Board of Supervisors . \ By1'\A'>? ( \. ~ eputy Approved as to Legal Form Daniel Cederborg Fresno County Counsel By:~~ Approved as to Accounting Form Vicki Crow, C.P.A. Auditor Controller/Treasure-Tax Collector By:~£~ Attest: Bernice E. Seidel Clerk to the Board of Supervisors By: See Previous Page For Attestation