HomeMy WebLinkAboutAgreement A-16-073 Sustainable Groundwater Management Act.pdf
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Exhibit “A”
MEMORANDUM OF UNDERSTANDING
FOR IMPLEMENTATION OF THE
SUSTAINABLE GROUNDWATER MANAGEMENT ACT
IN THE KINGS GROUNDWATER BASIN
BY SUPPORTING FORMATION
OF A
KINGS RIVER EAST GROUNDWATER SUSTAINABILITY AGENCY
THIS MEMORANDUM OF UNDERSTANDING (the “MOU”) is made and effective as
of the earlier of (i) the date on which all of the member agencies listed below have executed this
MOU, or (ii) March 1, 2016 (on which date this MOU will be binding upon and inure to the
benefit of only those member agencies signatory hereto), by and between the County of Tulare,
the County of Fresno, the City of Orange Cove, the City of Reedley, the City of Dinuba, Orange
Cove Irrigation District, Alta Irrigation District, Hills Valley Irrigation District, Tri-Valley Water
District, Cutler Public Utility District, East Orosi Community Services District, London
Community Services District, Orosi Public Utility District and Sultana Community Services
District. Representatives of entities and organizations that are not public agencies will form an
advisory committee to consult with the signatories of this MOU with respect to implementing the
goals expressed herein (each entity that has executed this MOU on or before the Effective Date
being hereinafter referred to individually as a “Party” and collectively as 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 and parties to a memorandum of understanding or other
legal agreements 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 subbasin identified and defined in California
Department of Water Resources Bulletin 118.) Some of the Parties are local agencies qualified to
become a groundwater sustainability agency and adopt a groundwater sustainability plan under
the Act, but prefer to establish a separate authority, which will become a groundwater
sustainability agency operating in accordance with 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 may join
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 or specific portions
thereof. 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 desire to enter into an agreement
that will facilitate the creation of a Groundwater Sustainability Agency; namely the Kings River
East Groundwater Sustainability Agency ("GSA"), which would adopt a Groundwater
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Sustainability Plan ("GSP") that would consider the interests of all beneficial uses and
users of groundwater within the boundaries of the GSA.
C. The Parties wish to establish an agreement and framework for cooperative efforts
relative to formation of a GSA in order to implement the Act in the Basin, both with each other
and with agencies both current and future, 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 hereto agree as follows:
1. Purposes of MOU. The primary purposes of this MOU are to (i) facilitate a
cooperative and ongoing working relationship among the Parties and other stakeholders and
water users in an effort to establish a GSA in order to develop and implement mutually beneficial
approaches and strategies for implementing the Act in the Basin; and (ii) facilitate contacts with
other agencies, both current and prospective, overlying the Basin so that they can coordinate with
the GSA to implement the GSP and to satisfy the requirements of the Act.
2. Intent to Advocate the Formation of the GSA; Implementation of the GSP. The
Parties intend that this MOU is to express the intent of the Parties on or before January 1, 2017 to
establish either a joint powers authority or a special act district to act as the GSA (hereinafter
referred to specifically as the "GSA") to prepare for approval the GSP for the area located east of
the Kings River and under the jurisdiction of one or more of the Parties in order to implement the
GSP applicable to that area. The Parties shall regularly confer with regard to those efforts
3. Outreach to Other Agencies. In recognition of the importance of involving all
interested agencies in the Basin that are or will be involved in efforts to establish the GSA and
the GSP under the Act in the management of the Basin in coordination with other agencies in the
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
boundaries that may become groundwater sustainability agencies and adopt groundwater
sustainability plans under the Act, to invite their participation in activities undertaken in
connection herewith.
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4. Initial Administrative Costs. Each Party shall bear all costs it incurs with respect
to its activities under this MOU, including without limitation, costs relative to the formation of
the GSA and activities in which that Party wishes to participate. The Parties estimate that initial
administrative costs incurred in connection with this MOU for the joint benefit of all Parties,
including, legal and other professional services concerning, among other things, issues with
respect to funding and formation ("Initial Administrative Costs"), will be approximately Fifteen
Thousand Dollars ($15,000) as estimated in Table I, attached hereto (see “Table I, MOU Initial
Administrative Cost”). The Initial Administrative Costs shall be borne in the following
proportions:
Alta 20%
County of Tulare 20%
County of Fresno 20%
Cities (as defined below) collectively 20%
Irrigation Districts (as defined below) collectively 20%
Alta shall act as the fiscal agent ("Fiscal Agent") for the Parties to receive funds and have the
authority to determine and pay the Initial Administrative Costs. Upon execution hereof, Alta, the
County of Tulare, the County of Fresno, the Cities collectively and the Irrigation Districts
collectively shall pay to the Fiscal Agent as a deposit to be held for the account of those Parties
the cash sum of Three Thousand Dollars ($3,000.00) each. Any additional costs and expenses
may be authorized only by all the Parties. If so authorized, upon request of the Fiscal Agent
along with an accounting of those additional costs for which the Fiscal Agent seeks payment, the
Parties listed above shall promptly contribute their respective shares of those additional costs in
the proportions specified above.
5. Definitions. Unless otherwise indicated by their context, the definitions set forth
in this article govern the interpretation of this MOU.
5.1 “Actively and primarily engaged in production of agriculture” means that a
person derives at least 75 percent of his or her annual income from production
agriculture.
5.2 “Alta” means the Alta Irrigation District.
5.3 “Aquifer” means a geologic formation or structure that transmits water in
sufficient quantities to supply pumping wells or springs.
5.4 “Basin” has the same meaning as defined in Section 10721 of the Water Code.
5.5 “Board” means the board of directors of the GSA, as more particularly
described in Section 6 below.
5.6 “Cities” means the Cities of Dinuba, Orange Cove, and Reedley.
5.7 “Coordination agreement” has the same meaning as defined in Section 10721
of the Water Code.
5.8 “County” means either the County of Fresno or the County of Tulare, as the
context requires. “Counties” means the County of Fresno and the County of
Tulare.
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5.9 “Extraction” means the act of obtaining groundwater by pumping or other
controlled means.
5.10 “Groundwater” has the same meaning as defined in Section 10721 of the
Water Code.
5.11 “Groundwater management activities” means programs, measures, or actions
taken to preserve, protect, and enhance groundwater resources within the
territory of the GSA.
5.12 “Kings Subbasin” means the San Joaquin Valley Basin Kings Subbasin as
described in Section 9 below.
5.13 “Member agency” means Alta, the Counties, the Cities, and the special
districts entitled to representation on the GSA’s board of directors as specified
in Section 6 below.
5.14 “Operator” has the same meaning as defined in Section 10721 of the Water
Code.
5.15 “Person” includes any state or local governmental agency, private corporation,
firm, partnership, limited liability company, individual, group of individuals,
or, to the extent authorized by law, any federal agency.
5.16 “Plan” means a groundwater sustainability plan prepared by the GSA pursuant
to this MOU.
5.17 “Supplemental water” means surface water or groundwater lawfully imported
from outside the watershed or watersheds of the basin or aquifer and flood
waters that are conserved and saved within the watershed or watersheds that
would otherwise have been lost or would not have reached the basin or
aquifer.
6. The Proposed GSA Governing Body.
(a) The Parties intend to support and advocate for establishment of the GSA
to be governed by a board of directors that shall consist of seven (7) members, as follows:
(i) One member shall be chosen by Alta.
(ii) One member shall be chosen by the County of Fresno.
(iii) One member shall be chosen by the County of Tulare.
(iv) One member shall be chosen by the Cities. This member shall be
chosen from the members of the city councils of the Cities whose territory, at
least in part, overlies the territory of the GSA. This member shall be chosen at a
public meeting where each city is represented by its mayor.
(v) One member shall be chosen from the members of the governing
boards of the following special districts that are not governed by the board of
supervisors of either county, are engaged in water activities, and whose territory,
at least in part, overlies the territory of the GSA:
(A) Hills Valley Irrigation District.
(B) Orange Cove Irrigation District.
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(C) Tri-Valley Water District.
(vi) One member shall be chosen from the members of the governing
boards of the following special districts that provide drinking water within the
territory of the GSA:
(A) Cutler Public Utility District.
(B) East Orosi Community Services District.
(C) London Community Services District.
(D) Orosi Public Utility District.
(E) Sultana Community Services District
(vii) One member shall be chosen by at least four of the other six board
members to represent agricultural interests within the territory of the GSA. This
member shall reside and be actively and primarily engaged in production of
agriculture within the territory of the GSA. This member shall be selected from a
list of nominations submitted from the Fresno County Farm Bureau, the Tulare
County Farm Bureau, and California Citrus Mutual, but the nominees need not be
members of any of those organizations.
(b) The board members described in paragraphs (i), (ii), and (iii) of
subdivision (a) above shall be chosen by their respective governing boards from their board
members whose districts or divisions overlie, at least in part, the territory of the GSA.
(c) The board members described in paragraphs (v) and (vi) of subdivision (a)
above shall be chosen at a public meeting where each special district is represented by the
president or chair of its governing board.
(d) There shall be an alternate for each board member, chosen in the same
manner and by the same entity as the board member. The alternate member shall act in place of
the board member for whom he or she is an alternate in case of that board member’s absence or
inability to act.
(e) The members described in paragraphs (i) to (vi), inclusive, of subdivision
(a) of this Section 6 shall serve for a four-year term of office, or until the member is no longer an
eligible official of the member agency. These members may serve for more than one term of
office.
(f) The member described in paragraph (vii) of subdivision (a) above shall
serve a four-year term of office.
7. Acts and Actions of the Proposed GSA Board. The Parties intend to support and
advocate for the GSA whose board would have, among others set forth in the Act, the authorities
and obligations, and follow the procedures, set forth below:
(a) The board would adopt actions for the purpose of regulating, conserving,
managing, and controlling the use and extraction of groundwater within the territory of the GSA.
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(b) An action adopted by the board would become effective 30 days from the
date of its passage.
(c) All actions would be adopted at noticed public hearings by a majority vote
of the board. No ordinance would be adopted by the board except at a public hearing. Notice of
the hearing would be published in a newspaper of general circulation in the manner provided in
and pursuant to Section 6066 of the Government Code.
(d) The board would provide notice of the adoption of all actions.
(e) The GSA would have the authority to contract with either County or Alta
for staff and other services. The GSA may hire contractors and consultants as it considers
appropriate.
(f) The GSA would have the authority to enter into a coordination agreement
with other local agencies for purposes of coordinating the GSA’s plan with other agencies or
groundwater sustainability plans within the basin.
8. Studies and Investigations by the Proposed GSA. The Parties intend to support
and advocate for the GSA that would have the authorities and obligations set forth below:
(a) The GSA would collect data and conduct technical and other
investigations of all kinds in order to carry out the provisions of the Act. All hydrological
investigations and studies carried out by or on behalf of the GSA would be constructed by or
under the supervision of licensed engineers or other persons qualified in groundwater geology or
hydrology.
(b) The GSA would recommend and encourage water recycling and other
water development projects, where those projects will enhance and contribute to the responsible
management of groundwater resources, as part of its annual plan for implementation of
groundwater management objectives.
9. Proposed GSA Boundaries. The Parties intend to support and advocate for the
GSA that would have the boundaries described below by means of actions set forth below:
(a) The boundaries of the GSA would include all land located within the
exterior perimeter boundaries of Alta Irrigation District within the Counties of Fresno and
Tulare, the Orange Cove Irrigation District, the Hills Valley Irrigation District, and the Tri-
Valley Water District overlying the San Joaquin Valley Basin Kings Subbasin as described in the
report by the Department of Water Resources entitled “California’s Groundwater: Bulletin 118”
updated in 2003, as it may be subsequently updated or revised in accordance with Section 12924
of the Water Code.
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(b) The GSA’s initial boundaries shall be established by the boards of
supervisors of the Counties of Fresno and Tulare after a noticed public hearing. The boundaries
shall be depicted on a map that shall be adopted by the boards of supervisors of those counties
and thereafter recorded in the office of the county recorder of each county.
(c) The boards of supervisors of the Counties of Fresno and Tulare may adjust
the boundaries of the GSA in the same manner prescribed for establishment of the initial
boundaries if the boundaries of the basin are revised, including the establishment of new
subbasins.
10. Proposed GSA Sustainable Groundwater Management Powers. The Parties
intend to support and advocate for the GSA whose board would have the intentions, authorities
and obligations set forth below:
(a) The GSA shall elect to be a groundwater sustainability agency pursuant to
Chapter 4 (commencing with Section 10723) of Part 2.74 of Division 6 of the Water Code for
that portion of the Kings Subbasin that lies within the boundaries of the GSA.
(b) The GSA shall develop and implement a groundwater sustainability plan
pursuant to Chapter 6 (commencing with 38 Section 10727) of Part 2.74 of Division 6 of the
Water Code to achieve sustainable groundwater management within the territory of the GSA.
(c) The GSA may exercise any of the powers described in Chapter 5
(commencing with Section 10725) of Part 2.74 of Division 6 of the Water Code and the
enforcement powers described in Chapter 9 (commencing with Section 10732) of Part 2.74 of
Division 6 of the Water Code.
(d) The availability of supplemental water to any operator shall not subject
that operator to regulations that are more restrictive than those imposed on other operators.
11. Proposed GSA Fee Authority. The Parties intend to support and advocate for the
GSA whose board would have the authorities and obligations set forth below:
Pursuant to Chapter 8 (commencing with Section 10730) of Part 2.74 of Division
6 of the Water Code, the GSA may impose fees, including, but not limited to, permit fees and
fees on groundwater extraction or other regulated activity, to fund the costs of a groundwater
sustainability program, that include, but are not limited to, the preparation, adoption, and
amendment of a groundwater sustainability plan, investigations, inspections, compliance
assistance, enforcement, and program administration, including a prudent reserve.
12. Other Alternatives. Nothing in this MOU shall preclude any Party from pursuing
implementation of the Act on its own or with third parties consistent with this MOU. Further,
while the Parties intend to diligently implement activities in which all of them participate,
nothing in this MOU shall preclude any of the Parties from pursuing such activities with fewer
than all or with none of the other Parties. In the event any Party chooses to pursue such
activities, that Party shall promptly notify all other Parties of those activities.
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13. 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 be to preserve flexibility with respect to the establishment of the GSA and implementation
of the GSP in order to maximize the benefits of that GSP to all beneficial uses and users of
groundwater within the GSA. Notwithstanding the foregoing, nothing in this MOU shall be
interpreted to require the Parties jointly to establish the GSA. If the GSA is formed, it shall
implement a GSP that complies with the requirement set forth in the Act (Water Code Section
10727.6) that it be coordinated with other GSP's in the Basin. The Parties intend to consult with
all stakeholders and beneficial users of groundwater within the GSA.
14. Staff; Notices.
(a) Each Party shall designate a principal contact person 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 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.
(b) 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. 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 Alta Irrigation District, it shall be given at the following address and
facsimile number:
Alta Irrigation District
Post Office Box 715
Dinuba, CA 93618
Attn: General Manager
Facsimile No.: 559-591-5190
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 Public Works and Planning
Facsimile No.: 559-600-4537
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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 to the City of Orange Cove, it shall be given at the following address and
facsimile number:
City of Orange Cove
633 Sixth Street
Orange Cove, California 93646
Attn: City Manager
Facsimile No.: 559-626-4653
If notice is given to the City of Reedley, it shall be given at the following address and facsimile
number:
City of Reedley
1717 9th Street
Reedley, CA 93654
Attn: City Manager
Facsimile No.: 559-638-1093
If notice is to be given to the City of Dinuba, it shall be given at the following address and
facsimile number:
City of Dinuba
405 E. El Monte Way
Dinuba, CA 93618
Attn: City Manager
Facsimile No.: 559-591-5902
If notice is to be given to the Hills Valley Irrigation District, it shall be given at the following
address and facsimile number:
Hills Valley Irrigation District
P.O. Box 911
Visalia, CA 93279
Attn: Dennis Keller
Facsimile No.: 559-732-7937
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If notice is to be given to the Tri-Valley Water District, it shall be given at the following address
and facsimile number:
Tri-Valley Water District
P.O. Box 911
Visalia, CA 93279
Attn: Dennis Keller
Facsimile No.: 559-732-7937
If notice is to be given to the Orange Cove Irrigation District, it shall be given at the following
address and facsimile number:
Orange Cove Irrigation District
1130 Park Blvd
Orange Cove, CA 93646
Attn: Fergus Morrissey
Facsimile No.: 559-626-4463
If notice is to be given to the Cutler Public Utility District, it shall be given at the following
address and phone number:
Cutler Public Utility District
40526 Orosi Drive
Cutler, CA 93615
Attn: Martha Lowrey
Phone: (559) 528-3859
If notice is to be given to the East Orosi Community Services District, it shall be given at the
following address and phone number:
East Orosi Community Services District
41842 Ione Rd
Orosi, CA 93647
Attn: Katie Icho
Phone No.: 559-(559) 528-2726
If notice is to be given to the London Community Services District, it shall be given at the
following address and facsimile number:
London Community Services District
37835 Kate Rd.
Dinuba CA 93618
Attn: Jim Wegley
Facsimile No.: 559-591-0976
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If notice is to be given to the Orosi Public Utility District, it shall be given at the following
address and phone number:
Orosi Public Utility District
12488 Ave 416
Orosi, CA 93647
Attn: Maria Elena Vidana
Phone No.: 559-528-4262
If notice is to be given to the Sultana Community Services District, it shall be given at the
following address and phone number:
Sultana Community Services District
P.O. Box 168
Sultana, CA 93666
Attn: Michael Prado Sr.
Phone No.: 559- 859-7330
(c) Alta shall make all reasonable efforts to post on its website the minutes of all
meetings among the Parties, as well as summaries of all non-privileged memorandums and
reports received by the Parties with respect to their activities concerning formation of the GSA,
its powers and authorities and its sources of funding.
15. 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.
16. Termination.
(a) 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.
(b) Anything to the contrary herein notwithstanding, this MOU shall terminate
automatically upon the occurrence of the earlier of either:
(i) Enactment and the effective date of a statute that forms a special
act district to be the GSA or the formation of a joint powers authority or
(ii) July 1, 2017, if by that date the GSA is not designated under the
Act to be the groundwater sustainability agency for the area described in
Paragraph 10 above.
17. 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.
18. 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:
By: £.____:r ~ ~
Ernest Buddy Mendes, hairman
Board of Supervisors
Approved as to Legal Form:
Daniel Cederborg
Fresno County Counsel
Approved as to Accounting Form:
Vicki Crow, C.P .A
Auditor Controller/Treasure Tax-Collector
By: GJk i~
Attest:
Bernice E. Seidel
Clerk to the Board of Supervisors
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Table I
Kings River East Planning Group MOU
Initial Administrative Costs
Task Hours/Units Blended Rate/Cost Total
Funding Implementation, Legal Opinion Prop. 26 33 $260.00 $8,580.00
Monitoring and GSP Budgetary Cost Estimate 12 $300.00 $3,600.00
GSA Decision Documents 4 $260.00 $1,040.00
Communication and Outreach 10.83 $72.00 $779.76
Miscellaneous/Materials 1 $1,000.00 $1,000.00
Total Initial Administrative Cost $14,999.76