HomeMy WebLinkAboutAgreement A-16-535 with Farmers Water District.pdfAgreement No. 16-535
16-0901
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF
FRESNO AND THE FARMERS WATER DISTRICT WITH RESPECT TO
IMPLEMENTATION OF THE SUSTAINABLE GROUNDWATER
MANAGEMENT ACT IN A PORTION OF THE DELTA-MENDOTA SUBBASIN
This Memorandum of Understanding (MOU) is made and effective as of ~~ilt-.o:..:..:'-;-='::::ou.b
2016, by and between the County of Fresno, a political subdivision of the Stat
(County) and the Farmers Water District (FWD).
This MOU is made with reference to the following facts and understandings:
A. The Sustainable Groundwater Management Act of20 14, which includes
Water Code sections 10720-10736.6 (SGMA) was signed into law on September 16,
2014, and requires 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 subject to Water Code sections I 0727(b)(3) and I 0727.6 1• 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 occurring 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. Code Section 10723 .8( c) of SGMA prohibits the recognition of any
entity as an exclusive GSA ifthe entity's proposed GSA management area overlaps
with the proposed GSA management area of another entity, subject to certain
procedural requirements.
C. On or about June 22,2016, FWD notified the California Department of
Water Resources (DWR) of its intention to serve as a GSA for the FWD service area, i.e.
within its jurisdictional boundaries, as may change from time to time ("Service Area")
within the Delta-Mendota Subbasin (the "Subbasin") ofthe San Joaquin Valley
Groundwater Basin (Basin No. 5-22.07 in the Department of Water Resources'
CASGEM system) (the "Basin"), a portion 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 over the Service Area, and both the County and FWD wish
to avoid creating an overlap within FWD's Service Area.
NOW, THEREFORE, in consideration ofthe mutual promises, covenants, and
1 All references to Code Sections herein shall be to the California Water Code unless otherwise specified
IN WITNESS WHEREOF, the parties have caused their names to be affixed by their
proper and respective officers as ofthe day and year first above-written.
County of Fresno
COUNTY OF FRESNO
ERNEST BUDDY MENDES, CHAIRMAN
BOARD OF SUPERVISORS
Approved as to Legal Form
Daniel Cederborg
Fresno County Counsel
ATTEST:
BERNICE E. SEIDEL, CLERK
BOARD OF SUPERVISORS
By dvDc~ ~
DEPUTY
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