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HomeMy WebLinkAboutAgreement A-16-247 with James Irrigation District.pdfMEMO RAN D UM OF UNDERSTANDING BETWEEN THE COUNTY O F FRESNO AND THE JAMES IRRIGATION DISTRICT WITH RESPECT TO IMPLEMENTATION OF THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT IN A PORTION OF THE KINGS SUBBASIN This Memorandum of Understanding (MOU) is made and effective as ofMay 24 , 2016 , by and between the County of Fresno. a political subdivision ofthe State of California (County) and the James Irrigation District. This MOU is made with reference to the following facts and understandings: A. The Sustainable Groundwater Management Act of2014, which includes Water Code sections 10720-10736.6 (SGMA) was signed into law on September 16,2014, and require s that each California groundwater basin or subbasin be managed by a Groundwater Sustainability Agency (GSA) or multiple GSAs, and that such management include an approved Groundwater Sustainability Plan (GSP) or multiple GSPs s ubject to Water Code sections 1 0727(b )(3) and 10727.6. SGMA further provides that if local agencies in a basin or subbasin fail to timely satisfy the GSA and GSP requirements, with the first such deadline occmTing on June 30, 2017. the State Water Resources Control Board may assert management control over groundwater resources within all or a portion of that basin or subbasin. B. Section 10723.8(c) ofSGMA prohibits the recognition of any entity as an exclusive GSA if the entity 's proposed GSA management area overlaps with the proposed GSA management area of another entity , subject to certain procedural requirements. C . The James Irrigation District has notified the Department of Water Resources (DWR) of their intention to serve as GSA for the James Irrigation District and Reclamation District No. 1606 service areas within the Kings Subbasin of the San Joaquin Valley Groundwater Basin (Basin No. 5-22.08 in the Department of Water Resources ' CASGEM system), all of which is within Fresno County . D. The County has no present intention or desire to notify DWR that it intends to serve as a GSA within the territory of the James Irrigation District and Reclamation District No . 1606 , and both the County and James Irrigation District wish to avoid creating an overlap within the GSA's proposed management area. NU ·,\7, ·1 riEJ<l.X v k.t::, in co;Jsicietatton ofthe mutual promises , covenants, and conditions herein set forth, and the recitals above, which are incorporated herein by this reference, it is agreed by and among the Members as follows: I. Objectives The objectives of the James Irrigation District and th e Co unty in entering into this MOU are: A. To achieve sustainable groundwater manage ment pursuant to SGMA in those portion s of the Kings Subbasin (the Basin ) that a re within the exterior boundaries of the James Irri gation Di strict , Reclamation Di s trict No. 1606 a nd Fresno County. B. To work cooperatively with adjacent GSAs to achieve sustainable groundwater management in the Basin . C. To establish a process to ensure there are no conflicts between the James Irrigation District 's GSP and the County 's exercise of it s land use planning authority. II. Precedence of County's Land Use Planning Authority James Irrigation District and agrees that its operations as a GSA, and any GSP adopted by the James Irrigation District, will not abrogate the County 's general plan or conflict with the County 's exercise of its land use planning authority; provided that the County's general plan or the exercise of the County's land use planning authority complies with all applicable laws , statutes, and regulations. Ill. Coordination Framework A. The James Irrigation District shall consider the interests of the County, specifically including the County 's general plan. in developing and implementing its GSP. The County shall have ongoing opportunities to provide , and the James Irrigation District and shall consider, advisory input in the development and implementation of the James Irrigation District 's GSP in order to prevent conflicts between the GSP and the County's general plan, and between the James Irrigation District operations as a GSA and the County's exercise of its land use planning authority. The County shall designate a contact person or a technical advisory committee (T AC) to whom the James Irrigation District s hall provide written notices of opportunities to participate in SGMA implementation , including the development of the GSP and the establishment of policies or procedures for the exercise of GSA powers. B . Th James lrr i?-a ti on District sh a ll provid e writtt:>n notice to th !;' d esi n at ed conta ct person or fA C no fewer than 60 days before adopting or modifying the USP or policies or procedures for the exercise of GSA powers . The designated contact person or TAC may request a mandatory consultation with the James Irri ga tion District's representative within 30 days of receiving such notic e. The James Irrigation District s hall consider any comments or 2 recommendations pro v ided by the d es i g nated contact person or T AC prior to the adoption or mo ditica tion of the GSP or proce dures for the exerc ise of GSA powers, in compliance with and to achieve the aims of Section IL above. C. If, within 30 days of receiving s uch notic e provided at paragraph III.B ., the Cou nt y's designated contact perso n or TAC provides written notice of objection to th e James Irrigation District that any propo se d elements of th e GSP, proposed procedures for th e exe rci se of GSA powers , or proposed modifica ti o n of either, a ppe ar to s uperse de the land use authority of th e Count y including the County's General Plan, th e J am es Irri gation District will not proceed with consideration of approval of the identified item s until an authorized representative ofthe J ames Irri gat ion District presents th e Jam es Irrigation Di strict 's justification to the Board of Supervisors (Board) at a regularl y sc heduled and notic ed Board meeting, which meeting shall occur within 45 days of the County providing such notice of objection, or until the County 's d es ignat ed contact person or T AC withdraws such notic e of objection , whichever is earlier. D . The County shall provide written noti ce to th e James Irrigation Di strict no fewer than 90 days (or as soon as practicable) prior to i ss uin g , adopting, modifying, or approving any ordinance, policy, plan, or pem1it , or taking any other action related to groundwater resource s within the Basin. The James Irri gation Di strict may reque st a mandatory consultation with the Co unty within 30 days of receiving s uch notice. The Co unt y shall consider any comments or recommendations provided by the James Irrigation Di strict prior to taking the groundwater- related action. E. The County agree s not to notify DWR th a t it intends to serve as a GSA within the Jame s Irrigation District 's proposed management area , and will not create an overlap with the proposed management area, if the County and Jame s Irrigation District mutually agree to the terms ofthis MOU. IV. Finances Eac h of the parties to this MOU shall bear its own costs of implementing SGMA, except as follows: The County shall provide assistance and support in applying for grant funding related to SGMA implementation when so reque sted by the Jam es Irrigation District. To the extent that the James Irrigation District incurs costs in d eve lopin g or implementing a GSP applicable to , or in implementing SGMA within, the Co unt y's GSA management area(s), the County shall provid~ proportioned fi a !l ~i <ll reimbursewent t0 th e .l ~m e s !rri g s t io n District. 3 V. Compliance with Laws A . In any action taken pursuant to this MOU , the James Irrigation District and the County shall comply with all applicable statutes, laws , and regulations, specifically including but not limited to SOMA and its implementing regulations, as they now exist or as may be amended or promulgated from time to time. B. To the extent that this MOU conflicts with or does not accurately reflect any applicable statutes, laws, or regulations now existing or as amended or promulgated from time to time, the laws , statutes, and regulations shall govern. C. To the extent that any applicable statutes, laws, or regulations are amended or newly promulgated in such a manner that causes this MOU to conflict with or no longer accurately ret1ect such statutes, laws, or regulations , this MOU shall be modified in order to comport with the newly amended or promulgated statutes , laws, or regulations. VI. Miscellaneous Provisions A. This MOU may be amended from time to time only by mutual written agreement of the County and the James Irrigation District, in accordance with the terms ofthis MOU. This MOU may be terminated in accordance with the terms ofthis MOU: (1) by mutual written agreement of all of the parties to this MOU , or (2) when any party to this MOU is no longer participating in the implementation of SOMA within the geographical area subject to this MOU. B. This MOU contains the entire understanding between the parties relating to this subject matter and supersedes all oral or written agreements between them with respect thereto, and no previous written or oral understandings have been or shall be relied upon. C. The failure of any party in any one or more instances to insist upon strict performance of any terms or provisions of this MOU, or to exercise any option herein conferred , shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms, provisions or options on any future occasion. D. This MOU is the result of arms-length negotiations between sophisticated parties and ambiguities or uncertainties in it shall not be construed for or against either party. E. Should the partt~ipatlon of either party to this MOU , or any part, term , or provision of this MOU be superseded by conflicting State legislation as mutually agreed by the parties or decided by a court of competent jurisdiction to be illegal , in excess of that party's autho nty. ;n conflict with auy law of the SLate of California, or vlherwise rendered unen1orceable 4 or ineffectual , the validity of the remaining portions , terms , or provisions of this MOU shall not be affected thereby and each party hereby agrees it would have entered into this MOU upon the remaining terms and provisions. F. The rights and duties of the parties to this MOU may not be assigned or delegated, and any attempt to assign or delegate such rights or duties in contravention of this section shall be null and void . G. This MOU may be executed in parts or counterparts , each part or counterpart being an exact duplicate of all other parts or counterparts , and all parts or counterparts shall be considered as constituting one complete original and may be attached together when executed by the parties hereto. Facsimile or electronic signatures shall be binding. H. Notices authorized or required to be given pursuant to this MOU shall be in writing and shall be deemed to have been given when mailed , postage prepaid, or delivered during working hours , to the parties at the addresses set forth for each be low, or to such other changed addresses communicated to the other party in writing. County: Name : Title: Address: Telephone: James Irrigation District : Name: Title : Address: Telephone : Steve White Public Works and Planning Director 2220 Tulare Street, Sixth Floor Fresno , California 93721 (559) 600-4537 Steven P . Stadler, P.E. General Manager P.O. Box 757 San Joaquin, California 93660 (559) 693-4356 I. Each signatory to this MOU certifies that he or she is authorized to execute this MOU and to legally bind the party he or she represents, and that such party shall be fully bound by the terms hereof upon such signature without further act, approval , or authorization of such party. .. IN WITNESS WHEREOF. the partie s have caused their names to be affixed by their proper and respective officers as of the da y and year first above-written . JAMES IRRIGATION DISTRICT BY : ~~sjzo(z.oJ(p STEVEN P . STADLER, P .E. GENERAL MANAGER COUNTY OF FRESNO BY :~~~ ERNEST BUDDY MENDES , HAJRMAN BOARD OF SUPERVISORS APPROVED AS TO LEGAL FORM DANIEL CEDERBORG FRESNO COUNTY COUNSEL BY ~~ DEPUY ATTEST: BERNICE E. SEIDEL , CLERK BOARD OF SUPERVISORS BY: ~~ ~shD:f> DEPUTY 6