HomeMy WebLinkAboutAgreement A-17-075 with Delta-Mendota Access.pdfCENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 1
MEMORANDUM OF AGREEMENT FOR
CENTRAL DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT SERVICES
This MEMORANDUM OF AGREEMENT FOR CENTRAL DELTA-MENDOTA REGION
GROUNDWATER MANAGEMENT ACT SERVICES (“SS-MOA”), is made effective as of
February 15, 2017 (the “Effective Date”), by and between the San Luis & Delta-Mendota Water
Authority, a joint powers agency of the State of California (“Authority”), and the County of
Fresno, a political subdivision of the State of California (“SS-MOA Participant”). Unless
expressly and differently defined in this MOA, capitalized terms used in this MOA shall have the
meanings set forth in Section 2 of Appendix 1 to this MOA, a copy of which is attached hereto
and by this reference incorporated herein.
1. RECITALS
a.The Authority and certain of its member agencies have entered into that
certain Central Delta-Mendota Region Sustainable Groundwater Management Act Services
Activity Agreement (the “Activity Agreement”) to efficiently and cost-effectively obtain
services from the Authority to assist the Activity Agreement Members acting through individual
or multi-agency groundwater sustainability agencies that are independent and separate from the
Authority in complying with the Sustainable Groundwater Management Act (the “Act”).
Appendix 1 incorporated into this MOA is a copy of the Activity Agreement.
b. The SS-MOA Participant is not a member of the Authority but is a
County, local agency or mutual water company with jurisdictional boundaries including lands
that are subject to the Act and that are located in a portion of the Delta-Mendota Subbasin
number 5-22.07 of the San Joaquin Valley Groundwater Basin identified in the California
Department of Water Resources (“DWR”) Bulletin 118 (the “DM Subbasin”), said portion being
designated as the Central Delta-Mendota Region (“Central DM Region”) as its boundaries may
be modified from time to time.
c.The SS-MOA Participant is empowered by statute to exercise powers
CENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 2
under the Act and is or will become either its own groundwater sustainability agency or part of a
multi-agency groundwater sustainability agency within the boundaries of the Central DM Region
that is independent and separate from the Authority.
d. The SS-MOA Participant has the power to enter into agreements with
other public agencies or private entities, including for purposes of assuring that lands within its
boundaries are within the coverage of a groundwater sustainability plan as required by the Act.
e. The Activity Agreement contemplates that the “Activity Participants”
under the Activity Agreement shall be comprised of the Activity Agreement Members, this SS-
MOA Participant, and all other local agencies participating through separate Memoranda of
Agreement that contain substantially the same terms as contained in this Memorandum of
Agreement.
f. The objective of the SS-MOA Participant under this Memorandum of
Agreement is to obtain coordinated access to the administrative and technical resources and
services available through the Authority and to provide the mechanisms to share the benefits and
expenses of obtaining such resources and services to assist in 1) as requested, the formation of a
multi-agency groundwater sustainability agency in the Central Delta-Mendota Sub-Basin of the
Delta-Mendota Basin that is separate and independent from the Authority; and 2) the planning,
preparation and potential assistance with implementation of a groundwater sustainability plan for
the Central DM Region; and 3) for coordination with other such plans within the Delta-Mendota
Subbasin or other subbasins as may be required by the Act.
g. The SS-MOA Participant expressly intends that neither the Authority nor
the Activity Agreement Members or other local agencies participating through their separate
Memoranda of Agreement acting through the Activity Agreement Management Committee (as
defined in the Activity Agreement) will have the authority to limit or interfere with the
respective participants’ rights and authorities over their own internal matters, including but not
limited to, an Activity Participant’s surface water supplies, groundwater supplies, facilities,
operations and water management, subject to terms of the Activity Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the true and correct facts recited above, and of the
covenants, terms and conditions set forth herein, the Authority and the SS-MOA Participant
CENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 3
agree as follows:
Section 1. The SS-MOA Participant hereby agrees to be bound by and to perform the
obligations of SS-MOA Participants established under the Activity Agreement, and the Authority
agrees that the SS-MOA Participant so agreeing and performing shall have the rights and be
entitled to share in the benefits of the activities under the SGMA Services Activity Agreement on
the terms and conditions described in the Activity Agreement, Appendix 1 incorporated by
reference into this MOA.
Section 2. The Authority and the SS-MOA Participant acknowledge and agree that
although the SS-MOA Participant is not a signatory to the Activity Agreement for the Central
DM Region, the SS-MOA Participant shall be, in all respects, entitled to representation and to
vote as part of the Management Committee as described in Section 6 of the Activity Agreement.
Section 3. Miscellaneous Provisions.
3.1 Amendments, This SS-MOA may be amended in writing by the Authority
and the SS-MOA Participant.
3.2 Assignment; Binding on Successors. Except as otherwise provided in this
SS-MOA, the rights and duties of the SS-MOA Participant may not be assigned or delegated
without the written consent of the Authority. Any attempt to assign or delegate such rights or
duties in contravention of this SS-MOA shall be null and void. Any approved assignment or
delegation shall be consistent with the terms of any contracts, resolutions, indemnities and other
obligations of the Authority then in effect. This SS-MOA shall inure to the benefit of, and be
binding upon, the successors and assigns of the Authority and the SS-MOA Participant.
3.3 Counterparts. This SS-MOA may be executed by the Authority and the
SS-MOA Participant in separate counterparts, each of which when so executed and delivered
shall be an original, but all such counterparts shall together constitute but one and the same
instrument.
3.4 Governing Law. This SS-MOA shall be governed by the laws of the State
of California.
3.5 Severability. If one or more clauses, sentences, paragraphs or provisions
of this SS-MOA shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the
SS-MOA Participant and the Authority that the remainder of the Activity Agreement shall not be
APPENDIX 1
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 1
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
CENTRAL DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT
SERVICES ACTIVITY AGREEMENT
This CENTRAL DELTA-MENDOTA REGION SUSTAINABLE GROUNDWATER
MANAGEMENT ACT SERVICES ACTIVITY AGREEMENT (“Activity Agreement”), is
made effective as of February 15, 2017 (the “Effective Date”), by and among the San Luis &
Delta-Mendota Water Authority, a joint powers agency of the State of California (“Authority”),
and Eagle Field Water District; Mercy Springs Water District; Oro Loma Water District;
Pacheco Water District; Panoche Water District; San Luis Water District; Tranquillity Irrigation
District; and Fresno Slough Water District, its members who execute this Agreement
(“Members”). Capitalized terms used in this Activity Agreement shall have the meanings set
forth in Section 2 below.
1. RECITALS
A. The Members, together with certain other local agencies, have entered into
an amended and restated Joint Exercise of Powers Agreement-San Luis & Delta-Mendota Water
Authority dated as of January 1, 1992 (the “JPA”), by and among the parties indicated therein,
establishing the San Luis & Delta-Mendota Water Authority for the purpose of exercising the
common powers of the Members, including those powers described in this Activity Agreement/
B. The Members are each empowered, among other powers, to provide water
service to lands within their boundaries; to operate and maintain works and facilities for the
development, distribution and use of water for irrigation and for any drainage or reclamation
works connected therewith or incidental thereto and/or to operate and maintain works and
facilities for the development, distribution and use of water for municipal and industrial use; to
contract with the United States, the State and other public agencies and, effective January 1,
1995, with mutual water companies, for such purposes; to control the quality of water accepted
into their respective systems; to exercise powers related to groundwater management and
groundwater management plans; and to adopt rules and regulations necessary to the exercise of
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 2
such powers.
C. In August 2014 the California Legislature passed comprehensive
groundwater legislation creating the Sustainable Groundwater Management Act of 2014
(“SGMA” or the “Act”), intended to provide local groundwater agencies with the authority and
technical and financial assistance necessary to sustainably manage groundwater” (California
Water Code Section 10720(d)).
D. The Sustainable Groundwater Management Act anticipates that each
affected groundwater basin or subbasin will be regulated separately by one or more groundwater
sustainability agencies (“GSAs” or individually, a “GSA”) and the Members and certain counties
and local agencies organizing themselves outside of the Authority umbrella have formed or are
forming individual or multi-agency GSAs for purposes of compliance with the Act.
E. Groundwater sustainability under the Act is to be achieved through
groundwater sustainability plans (“GSPs” or individually, a “GSP”), which can be a single plan
developed by one or more GSAs, or multiple coordinated plans within a basin or subbasin.
(California Water Code Section 10727).
F. The Members overlie a portion of the Delta-Mendota Subbasin number 5-
22.07 of the San Joaquin Valley Groundwater Basin identified in the California Department of
Water Resources (“DWR”) Bulletin 118 (the “DM Subbasin”), said portion being designated as
the Central Delta-Mendota Region (“Central DM Region”), as its boundaries may be modified
from time to time.
G. The DWR has designated the entire DM Subbasin as critically
overdrafted, and under the Act, each GSA is required to assume its regulatory role by June 30,
2017, and to submit a GSP to the DWR by January 31, 2020; the State Water Resources Control
Board (“SWRCB”) may identify a basin or subbasin as probationary on the basis of the failure to
identify a GSA, adopt a GSP, or upon a finding that a GSP is inadequate.
H. The objective of the Members under this Activity Agreement and of the
agencies who execute SGMA Services Memoranda of Agreement as defined below is to obtain
coordinated access to the administrative and technical resources and services available through
the Authority and to provide the mechanisms to share the benefits and expenses of obtaining
such resources and services to assist in (1) the formation of a multi-agency groundwater
sustainability agency in the Central Delta-Mendota Region of the Delta-Mendota Basin; (2) the
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 3
planning, preparation and potential assistance with implementation of a groundwater
sustainability plan; and (3) for coordination with other such plans within the Delta-Mendota
Subbasin or other subbasins as required by the Act.
I. The Members desire to achieve the objectives recited above through the
joint exercise of their common powers under this Activity Agreement and through the Authority
entering into memoranda of agreement to allow the participation in the program by counties,
other local agencies or mutual water companies that are not members of the Authority, but that
agree to participate under such agreements pursuant to the terms of this Activity Agreement.
J. The Members expressly intend that neither the Authority nor the other
Members nor local agencies participating through separate memoranda of agreement acting
through the Activity Agreement Management Committee (as defined below) will have the
authority to limit or interfere with the respective Members’ rights and authorities over their own
internal matters, including but not limited to, a Member’s surface water supplies, groundwater
supplies, facilities, operations and water management, subject to terms of this Activity
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the true and correct facts recited above, and of the
covenants, terms and conditions set forth herein, the Activity Agreement Members and the
Authority agree as follows:
2 DEFINITIONS
2.1. "Activity Agreement Member(s)," “Member” or “Members” shall mean a
member or members of the Authority who are signatories to this Activity Agreement
2.2. "Activity Agreement" or “Agreement” shall mean this Central Delta-Mendota
Region Groundwater Sustainability Management Act Services Activity Agreement.
2.3. "Activity Agreement Expenses" shall mean costs incurred by the Authority
pursuant to this Activity Agreement and a share of Authority Operating Costs allocable to
Members of this Activity Agreement and allocable to any SS-MOA Participants through MOAs
executed in conjunction with this Activity Agreement.
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 4
2.4. “Activity Participants” shall mean the Activity Agreement Members and the SS-
MOA Participants, as defined below.
2.5. "Administration Agreement(s)" shall mean those certain agreements between
the Authority and Activity Agreement Members for the undertaking of activities and sharing of
costs and benefits pursuant to Sections 22 and 23 of the JPA.
2.6. "Authority” shall mean the San Luis & Delta-Mendota Water Authority.
2.7. "Authority Operating Costs" shall mean the Authority’s rent and other
occupancy charges, acquisition costs of office furniture and equipment, including telephone,
telecopy, photocopy, cost of cars and other vehicles, insurance premiums, salaries and wages of
employees including payments in connection with retirement programs and other benefit
programs, fees of creditors, lawyers, engineers and other consultants, travel, telephone, telecopy
and photocopy expenses and any other general administrative expenses.
2.8. “Basin” shall mean the Delta-Mendota Subbasin of the San Joaquin Valley
Groundwater Basin, subbasin number 5-22.07, as identified in Bulletin 118 prepared by the
California Department of Water Resources.
2.9. “Board of Directors” shall mean the Board of Directors of the San Luis & Delta-
Mendota Water Authority.
2.10. “Central Delta-Mendota Region” or “Central DM Region” shall mean that
portion of the Delta-Mendota Subbasin within the jurisdictional area of the Activity Participants
as set forth in the map attached hereto as EXHIBIT “A”.
2.11. “Central DM Region Multi-Agency GSA shall mean the multi-agency
Groundwater Sustainability Agenc y formed separate and independent from the Authority within
the Central DM Region amongst certain Activity Participants.
2.12 “Central DM Region GSP” or “GSP” shall mean the Groundwater
Sustainability Plan, as defined by Section 10721(k) of the Water Code for the Central DM
Region that the Activity Participants intend to jointly develop, adopt and implement through
participation in this Agreement, whether as a stand-alone GSP, or as the portion of a broader
GSP for the DM Subbasin covering the Central DM Region.
2.13. “Coordination Agreement” shall mean a legal agreement adopted between two
or more GSAs that provides the basis for intra-basin or inter-basin coordination of the GSPs
pursuant to SGMA, including but not limited to, any such coordination required within the
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 5
Central DM Region.
2.14. “GSA” shall mean a groundwater sustainability agency enabled by SGMA to
regulate a portion of a basin or subbasin cooperatively with all other GSA in the basin or
subbasin, in compliance with the terms and provisions of SGMA (see also “Central DM Region
Multi-Agency GSA”).
2.15. “JPA” shall mean that certain Amended and Restated Joint Exercise of Powers
Agreement effective January 1, 1992, establishing the San Luis & Delta-Mendota Water
Authority.
2.16 “Management Committee” shall mean the steering committee established in
Section 6 of this Activity Agreement to direct the activities under this Agreement and the SGMA
Services Memoranda of Agreement.
2.17 “Management Committee Member” shall mean the duly appointed
representative of an Activity Participant to be counted towards a quorum and having the right to
vote on behalf of such Activity Participant at a meeting of the Management Committee.
2.18 “Outside Service Area(s)” of an Activity Participant shall mean an area or areas
that are outside the political boundaries of the Activity Participant but that are included within
the boundaries of such Activity Participant’s single-agency GSA. For a Party to a multi-agency
GSA, “Outside Service Area(s)” of an Activity Participant shall mean an area or areas included
within the boundaries of the Central DM Region Multi-Agency GSA (as depicted on EXHIBIT
“B”) that are outside the political boundaries of the Activity Participant and outside the
boundaries of any other Activity Participant that is not a county, but that, through written
agreement between the Activity Participant and applicable county, shall be subject to the
Activity Participant’s management for purposes of the implementation of SGMA within the
Central DM Region Multi-Agency GSA.
2.19. "SGMA" or “the Act” shall mean the California Sustainable Groundwater
Management Act of 2014 and all regulations adopted under the legislation (SB 1168, SB 1319
and AB 1739), Water Code Sections 10720-10755.4, which collectively comprise SGMA, as that
legislation and those regulations may be amended from time to time.
2.20. "SGMA Services Memorandum of Agreement" or "SS-MOA" shall mean those
certain individual agreements in substantially the form attached hereto as EXHIBIT “B” between
the Authority and a county; a local agency; or a mutual water company; the respective entity not
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 6
being a member of the Authority, to provide for such entity’s participation in the activities
subject to this Agreement; “SS-MOAs” shall refer collectively to all such SGMA Services
Memoranda of Agreement..
2.21. “Special Project Agreement” shall mean an agreement entered into between
certain Members and/or SS-MOA Participants that desire to collectively carry out a special
project that is not carried out by all of the Activity Participants.
2.22. “Special Project Expenses” shall mean costs and expenses allocable to Activity
Participants incurred pursuant to a Special Project Agreement, and shall also include Authority
Operating Costs allocated to the Special Project Agreement.
2.23. “Special Project Participants” of a Special Project Agreement shall mean those
Activity Participants who execute such Special Project Agreement.
2.24. “SS-MOA Participant” shall mean a local agency, a county, or a mutual water
company that is statutorily authorized to implement SGMA who is not a Member of the
Authority, but who has agreed by executing a SGMA Services Memorandum of Agreement to
share with Activity Agreement Members the costs, obligations and benefits of participating in
the activities contemplated by this Agreement; “SS-MOA Participants” shall refer collectively
to all such entities..
2.25. “Voting Alternate” shall mean the duly appointed alternate to a Management
Committee Member who is present at a meeting during the absence or disqualification due to
conflict of interest of the Management Committee Member for whom the alternate has been
appointed; said alternate being counted towards a quorum and having the right under those
circumstances to cast the vote otherwise accorded to the Management Committee Member.
3. PURPOSE OF AGREEMENT
The purpose of this Activity Agreement is to provide the contractual basis for the
Members in conjunction with SS-MOA Participants that have independently formed or will form
individual or multi-agency GSAs within the Central DM Region to utilize the resources of the
Authority to assist with (1) the formation of a multi-agency groundwater sustainability agency in
the Central Delta-Mendota Region of the Delta-Mendota Sub-Basin that is separate and
independent from the Authority; (2) planning, preparation and assistance with implementation of
a groundwater sustainability plan for the Central DM Region; and (3) coordination with other
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 7
such plans within the Delta-Mendota Subbasin or such other subbasins as required by SGMA;
and (4) to achieve the objectives stated in the Recitals above through the joint exercise of some
or all of the common powers of the Activity Agreement Members and through the contractual
agreements of the SS-MOA Participants.
4. ROLE OF AUTHORITY; LIMITS THEREON
4.1 Role of the Authority. The role of the Authority under this Activity Agreement
will be to provide, through Authority staff or contracts with consultants, and as directed by the
Management Committee, services to assist the Activity Participants in conducting the activities
contemplated by this Agreement. The Authority will provide only those services directed by the
Management Committee and supported with funding from the Activity Participants in
accordance with budgets recommended by the Management Committee and approved by the
Board of Directors and the Activity Participants, as more specifically provided under the terms
of this Agreement.
4.2 Authorized Activities of the Authority under the Activity Agreement. The types
of activities authorized to carry out the purposes of this Activity Agreement shall specifically
include, but shall not be limited to, the following:
(a) To provide administrative services to assist those Activity Participants
who are forming and implementing a multi-agency GSA.
(b) To provide staff resources or solicit proposals from one or more
consultants, and at the direction of the Management Committee, to accept proposals and enter
into services agreements to acquire consulting services; as needed to assist in organizing multiple
parties in compiling data, conducting monitoring, undertaking a groundwater study or studies
and developing models as needed to develop and adopt a GSP for the Central DM Region.
(c) Through budgets approved by the Management Committee, the Board of
Directors, and the Activity Participants, to provide funding mechanisms to obtain services
necessary for the development and implementation of the Central DM Region GSP.
(d) To provide accounting and billing services to collect from the Activity
Participants the costs of services incurred under the Activity Agreement and SS-MOAs pursuant
to the terms of this Activity Agreement.
(e) To provide services to facilitate outreach to interested parties as defined
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 8
by SGMA that may be required for the developing and implementing the Central DM Region
Multi-Agency GSA or Central DM Region GSP.
(f) To provide services to facilitate coordination among the GSAs in the
Central DM Region, GSAs in other portions of the DM Subbasin, and GSAs in other subbasins
to assist in the development or implementation of intra-basin or inter-basin Coordination
Agreements required by SGMA.
(g) To propose for adoption by GSAs in the Central DM Region forms of rules,
regulations, policies and procedures for governing the adoption and implementation of a GSP as
authorized by Chapter 5 of SGMA.
(h) To undertake such additional activities and responsibilities as may be
requested and funded by the Activity Participants acting through the Management Committee.
4.3 Limitations on Authority Role. Notwithstanding the Activity Participants’
agreement to acquire certain services through this Agreement, Activity Participants intend to
establish single or multi-agency GSAs that are independent of this Agreement and to maintain
complete control and autonomy over the surface water and groundwater assets to which they are
currently legally entitled; nothing in this Agreement authorizes the Water Authority to establish a
GSA or commit the Activity Participants to SGMA implementation actions within their
respective boundaries and Outside Service Area(s). The geographic boundaries of the Central
DM Region, of each Activity Participant, and of any single-agency or multi-agency GSAs in the
Central DM Region are set forth in the map attached hereto as EXHIBIT “A.”
4.4 Powers Reserved to Board of Directors and Limitations Thereon.
(a) The Board of Directors shall have ultimate approval authority over all
Activity Agreement annual budgets based upon the recommendation of the Management
Committee and approval of the Activity Participants; provided, the Board of Directors may not
alter the Activity Agreement annual budgets without the Management Committee’s review and
recommendation or Activity Participant approval of such alteration.
(b) The Board of Directors shall have the right, upon recommendation of or in
consultation with the Management Committee, to approve all amendments to this Activity
Agreement, including any amendment terminating the Activity Agreement, and to approve the
SS-MOA with each entity seeking to become a SS-MOA Participant; provided, that no
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 9
amendment of this Activity Agreement shall be required to add new Activity Agreement
Members prior to February 28, 2017.
(c) The Board of Directors shall have the right, upon recommendation of or in
consultation with the Management Committee, to act on any claims and to make decisions
concerning the prosecution of, defense of, or other participation in actions or proceedings at law
brought against the Authority arising from this Activity Agreement.
(d) The Board of Directors delegates to the Management Committee the
authority to conduct the activities described in this Activity Agreement pursuant to the terms of
this Activity Agreement and SS-MOAs, without the required approval of the Board of Directors
except as specifically provided in Sections 4.4(a-c). Also except as set forth in Sections 4.4(a-c)
and 8.3, this delegation shall specifically include, but not be limited to, the authority to enter into
contracts within approved Activity Agreement budgets.
5. POWERS JOINTLY EXERCISED BY ACTIVITY AGREEMENT MEMBERS;
RESERVED POWERS
5.1 Powers Exercised. The Members and the Authority intend that this Activity
Agreement shall provide for the joint exercise of certain powers common to the Members in
obtaining administrative and technical resources and services needed to support their efforts through
GSAs in the Central DM Region to implement SGMA within their respective jurisdictions,
including, for example, services and resources to (1) develop data; (2) conduct outreach as
applicable with interested parties as defined by SGMA; (3) assist in preparing and implementing a
Groundwater Sustainability Plan; and (4) assist in preparing and entering into intra-basin or inter-
basin Coordination Agreements. The Members are each empowered by the laws of the State of
California to exercise the powers specified in this Activity Agreement, and to comply with the
provisions of SGMA and other laws. These common powers shall be exercised for the benefit of
any one or more of the Activity Participants in the manner set forth in this Activity Agreement.
The Authority and the Members further intend that each SS-MOA Participant with powers to
implement SGMA may, by executing an SS-MOA, share the costs, obligations and benefits of this
Agreement. Subject to the limitations set forth by statute applicable to any SS-MOA Participant
that is a mutual water company or in this Activity Agreement, the Activity Participants shall have
the powers to perform all acts necessary to accomplish their purpose as stated in this Activity
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 10
Agreement, to be exercised through the Management Committee, including but not limited to the
following:
(a) To make and/or assume contracts and to employ agents, employees,
consultants and such other persons (as the Management Committee may deem necessary), to the full
exercise of its power, including, but not limited to, engineering, hydrogeological, and other
consultants, attorneys, accountants and financial advisors, for the purpose of providing any service
required to accomplish the purposes identified herein.
(b) To conduct all necessary research and investigations, and to compile
appropriate reports and collect data from all available sources to assist in preparation of a GSP,
and for development and implementation of intra-basin or inter-basin Coordination Agreements,
so as to allow the Activity Participants to participate in the sustainable management of the
Central DM Region in compliance with SGMA.
(c) To cooperate, act in conjunction with, and contract with the United States,
the State of California, or any agency thereof, Merced and Fresno Counties, and the Activity
Agreement Members, SS-MOA Participants, or any of them, in the full exercise of the powers of
the Activity Participants for purposes of assisting in forming the Central DM Region Multi-
Agency GSA and preparation, adoption and implementation of the Central DM Region GSP and
any Coordination Agreements required by SGMA.
(d) To apply on behalf of the Activity Participants for, or if directed by the
Management Committee, to accept, receive and administer on behalf of the Activity Participants
agreements, grants, loans, gifts, contributions, donations or other aid from any agency of the
United States, the State of California or other public or private person or entity necessary or
beneficial for assisting the Activity Participants with the Central DM Region Multi-Agency GSA
or for preparing or implementing the Central DM Region GSP.
(e) To assist in developing forms of rules, regulations, policies and procedures
for governing the adoption and implementation of a GSP as authorized by Chapter 5 of SGMA for
use by the Central DM Region Multi-Agency GSA and any single-agency GSA in the Central DM
Region.
(f) To assist in developing policies, rules or practices for utilizing the
enforcement powers identified in SGMA (Water Code Section 10732) for use by the Central DM
Region Multi-Agency GSA and any single-agency GSA in the Central DM Region, including the
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 11
imposition and collection of civil penalties that shall be utilized in accordance with the
requirements of SGMA.
(g) To investigate legislation and proposed legislation, regulations and
proposed SWRCB actions affecting SGMA and the Central DM Region and make appearances
regarding such matters;
5.2 Powers Reserved to Activity Participants. There are expressly reserved to each
Activity Participant the powers necessary to carry out the intent expressed in this section.
(a) Separate from this Agreement, to establish a GSA individually or
collectively within the Activity Participant’s boundaries or any Outside Service Area(s)
managed in whole or in part by such Activity Participant.
(b) To approve those actions under this Agreement set forth in Section 7.2.
(c) At each individual Activity Participant’s election, acting through GSAs
established by that Activity Participant, to implement SGMA and the GSP developed pursuant to
this Activity Agreement within the Activity Participant’s boundaries or Outside Service Area(s).
(d) Notwithstanding anything to the contrary in this Activity Agreement, the
Authority shall not undertake any activities within the geographic or service area boundaries of
any of the Activity Participants pursuant to the GSP developed under this Activity Agreement
unless the Activity Participant has formally and expressly consented and agreed to the activity
proposed.
(e) The Activity Participants expressly intend that neither this Agreement nor
any GSP prepared or being implemented utilizing services of the Authority through this Activity
Agreement that is adopted by a GSA or GSAs within the Central DM Region shall be construed
as authorizing the Authority or the Activity Participants acting through the Activity Agreement
Management Committee, or any dispute resolution process contained herein, to:
(1) determine or alter surface water rights or groundwater rights
(California Water Code Section 10720.5(b));
(2) make binding determinations of the water rights of any person or
entity (California Water Code Section 10726.8(b)); or
(3) supersede the existing land use authority of cities or counties,
including the city or county general plan, within the overlying subbasin (California Water Code
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 12
Section 10726.8(f)).
(f) The Activity Participants are organizing themselves into single-agency or
multi-agency GSAs to implement the requirements of SGMA separate from this Agreement. The
Activity Participants intend to maintain complete control and autonomy over the surface water
and groundwater assets to which they are currently legally entitled, and make no commitments
by entering into this Activity Agreement to share or otherwise contribute their water supply
assets as part of the preparation or implementation of a GSP. The geographic boundaries of the
Central DM Region and the GSA(s) within that Region, and of each Member and SS -MOA
Participant, are set forth in the map attached hereto as EXHIBIT “A”.
6. ORGANIZATION
6.1 Governing Body. The business of the Activity Agreement shall be conducted by
a Management Committee consisting of one (1) Management Committee Member and one (1)
alternate Management Committee Member appointed by each Activity Participant.
(a) Management Committee Members and alternates shall be appointed by
action of the governing body of the represented Activity Participant, and such appointments
shall be effective upon the appointment date as communicated in writing to the Authority. Each
appointee shall serve on the Management Committee from the date of appointment by the
governing body of the Activity Participant he/she represents at the pleasure of such governing
body.
(b) Vacancies in the position of a Management Committee Member or
alternate Management Committee Member shall be filled by the represented Activity
Participant in the same manner as the provided for the appointment of the initial Management
Committee Member or alternate Management Committee Member.
(c) The Executive Director of the Authority, its Assistant Executive Director
and Authority employees or appointees designated by the Assistant Executive Director may
participate as staff members and attend all Management Committee meetings, but shall have no
vote.
6.2 Meetings. The Executive Director of the Authority or, acting on his behalf, the
Assistant Executive Director of the Authority, or the Chairman of the Management Committee
is authorized to call meetings of the Management Committee as necessary and appropriate to
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 13
conduct the business under the Activity Agreement. In addition to such authority to call
meetings, the Management Committee may, but is not required to, set a date for regular
meetings of the Management Committee. All such meetings shall be conducted in accordance
with the requirements of the Ralph M. Brown Act (Government Code Sections 54950 et seq.).
6.3 Quorum. A majority of the then-appointed Management Committee
Members plus any Voting Alternates shall constitute a quorum of the Management Committee.
Each appointed Management Committee Member or Voting Alternate shall have one (1) vote.
6.4 Voting. Except as expressly stated to the contrary in this Activity Agreement, the
vote of an Activity Participant’s duly appointed Management Committee Member or Voting
Alternate is deemed to be the vote of that Activity Participant. A simple majority of the quorum
shall be required for the adoption of a resolution, motion or other action of the Management
Committee, except that:
(a) A majority vote of less than a quorum may vote to adjourn or, meeting as
a subcommittee of the whole, to hear reports on non-action items listed on the agenda;
(b) Any of the following actions shall require a unanimous vote of a quorum
of the Management Committee. For purposes of this Section 6.4(b), a “unanimous vote” is
defined as the affirmative vote of every Management Committee Member and Voting Alternate
with a quorum being present:
(1) A recommendation to the Board of Director s of the Authority to a
compromise or payment of any claim against the Authority arising from the Activity Agreement;
(2) To submit to the Activity Participants for consideration by the
Central DM Region Multi-Agency GSA and any single-agency GSAs any proposed Central DM
Region GSP.
(3) Any other action for which a unanimous vote is required by the terms
of this Agreement.
(c) The following actions shall require a two-thirds (2/3) vote of a quorum of
the Management Committee:
(1) To adopt a proposed initial operating budget within ninety (90)
days of the execution of this Activity Agreement, and proposed annual budget by January 15 of
each year or by such alternate date as may be required so that it can be incorporated into the
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 14
Authority’s budget for the next March 1 fiscal year.
(2) To propose to set or modify the Participation Percentages of the
Activity Participants from time to time.
(3) To authorize the Authority to enter into agreements with
consultants within the approved budgets, subject to the limitations provided in this Activity
Agreement.
(4) To provide recommendations to Activity Participants for
consideration by the a single agency GSA or the Central DM Region Multi-Agency GSA
regarding imposing fees authorized by SGMA to fund the cost of complying with SGMA, and
sustainably managing groundwater within the Central DM Region;
(5) To propose rules, regulations, policies and procedures recommended
to the Activity Participants for consideration by a single-agency GSA or the Central DM Region
Multi-Agency GSA governing the adoption and implementation of a GSP as authorized by Chapter
5 of SGMA.
(6) To assist the Activity Participants by investigating and reporting
to the Management Committee on legislation and proposed legislation, regulations and proposed
SWRCB actions affecting SGMA and the DM Subbasin and by making appearances regarding
such matters.
(d) Required Vote on Deemed Withdrawal. The vote for a determination that an
Activity Participant is deemed to have withdrawn from the Activity Agreement pursuant to Section
6.6(b) shall be a unanimous vote of a quorum, not counting the vote of the Activity Participant
about which the determination is being made.
6.5 Officers. The Management Committee shall elect a chairperson, a vice-
chairperson and a secretary. The chairperson and vice-chairperson shall be, and the secretary
may, but need not be, a Management Committee Member. The chairperson shall preside at all
meetings of the Management Committee and the vice-chairperson shall act as the chairperson
in the absence of the chairperson elected by the Management Committee. All elected officers
shall remain in office at the pleasure of a majority vote of the Management Committee.
6.6 Powers of Management Committee and Limitations Thereon.
(a) Except for those matters reserved to the Board of Directors or for which
the approval of the Activity Participants is required by the terms of this Activity Agreement,
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 15
the Management Committee shall undertake all actions necessary for carrying out the Activity
Agreement, including but not limited to setting policy or practices for the Activity Agreement
and under SS-MOAs; making budget recommendations in conjunction with the Executive
Director and/or the Assistant Executive Director of the Authority or any Authority staff or
consultant designated to manage the Activity Agreement; determining the recommended basis
for calculation of the Participation Percentages for each fiscal year, and the timing required for
payments of obligations hereunder; employing consultants and otherwise authorizing
expenditure of Activity Agreement funds within the parameters of the budget approved by the
Authority; developing and implementing guidelines, rules or regulations; and such other actions
as shall be reasonably necessary or convenient to the purposes of the Activity Agreement.
(b) When an Activity Participant fails or refuses to participate financially or
through the Management Committee for a period of time longer than six (6) months after written
notice from the Authority without entering into an agreement with the Authority to cure any
financial default or to meet any other obligation required for its active participation in the
Activity Agreement or under its SS-MOA, the Management Committee, voting as set forth in
Section 6.4(d) shall determine whether or not such Activity Participant shall be deemed to have
withdrawn from the Agreement or from participation pursuant to its SS-MOA and if it so
determines, shall request that the Board of Directors approve the determination and deem that the
Activity Participant has withdrawn from the Activity Agreement or from participation pursuant
to its SS-MOA. Such vote shall not preclude reinstatement of the deemed withdrawn agency by
agreement of the Activity Participants and the Authority.
7. APPROVAL BY AN ACTIVITY PARTICIPANT OR ACTIVITY
PARTICIPANTS
7.1 When the terms of this Agreement or applicable law require the approval of an
Activity Participant, written documentation of such approval, whether by Resolution, motion,
or other form of authorization, must be provided to the Authority and to each of the other
Activity Participants.
(a) For actions requiring the approval of only the particular Activity
Participant, such as appointing a representative to the Management Committee, approval only
by such Activity Participant is required.
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 16
(b) When approval of the Activity Participants is required for a particular
action, the approval of a majority of the Activity Participants will constitute approval of the
action.
7.2 Approval by the Activity Participant or the Activity Participants as appropriate
shall be required for:
(a) Approval of a Management-Committee-recommended budget;
(b) Establishing or modifying the Participation Percentage applicable to the
Activity Participant; and
(c) Amendment of this Agreement, including but not limited to, for
purposes of adding a new Member or the replacement of this Agreement with an alternative
form of agreement,
8. BUDGETARY RESPONSIBILITIES OF ACTIVITY PARTICIPANTS
Subject to Section 8.3 below, the Activity Participants, acting through their respective
appointed Management Committee Members, are hereby authorized by the public agency
appointing such Management Committee Members to cooperate with the Executive Director
and/or the Assistant Executive Director of the Authority to provide and recommend approval of
a budget for the activities authorized by this Activity Agreement, annually or more frequently
as needed, for presentation to the Board of Directors of the Authority in accordance with
Section 22 of the JPA and Section 4.4 of this Activity Agreement. All budgets and
amendments thereof which result in a budget increase shall be subject to the approval of the
Authority Board of Directors as part of any mid-term budget adjustment.
8.1 Initial Budget. To initially fund the budget for this Activity Agreement, the
Activity Participants agree to contribute a total of $51,447.82 in equal shares. In the event the
Activity Participants have contributed initial funding for purposes of the Activity Agreement
through a separate form of agreement, then the amounts paid under such agreement shall be
credited against the initial costs for all Activity Participants required by this Section, with
appropriate adjustments for any overpayments.
8.2 Budget to Actual Adjustments. The Authority shall true up budgeted amounts
collected from the Activity Participants to actual expenditures annually following the end of
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 17
each fiscal year. Any over-payments between budgeted and actual expenditures, taking into
account any year-end carryover reserve established by the Management Committee, shall be
credited or refunded to each Activity Participant in equal shares for the period through
February 28, 2017, and for each year thereafter, based upon its Participation Percentage. Each
Activity Participant shall be billed for any under-payment following the true-up, with payment
due thirty (30) days after the invoice is received.
8.3 Budget Authority of Management Committee Members. The Management
Committee Members are authorized to recommend budgets for approval by the Activity
Participants, which approval shall be contingent upon the Activity Participant meeting
statutory or constitutional requirements applicable to the that Activity Participant; such
approved budgets shall be submitted to the Authority Board consistent with Section 4.4(a) of
this Agreement.
9. ACCOUNTABILITY, REPORTS AND AUDITS
9.1 Full books and accounts for this Activity Agreement shall be maintained by the
Authority in accordance with practices established by, or consistent with, those utilized by the
Controller of the State of California for public entities. The books and records shall be open to
inspection by the Activity Participants at all reasonable times, and by bondholders and lenders as
and to the extent provided by resolution or indenture.
9.2 There shall be strict accountability of all funds deposited on behalf of the Activity
Agreement with the Authority. The Treasurer of the Authority, directly or acting through its
Accounting Department, shall provide regular reports of Activity Agreement accounts. Funds of
the Activity Agreement shall be subject to audit by the official auditor of the Authority. An Activity
Participant may request an independent audit of the Activity Agreement funds; any such audit shall
be conducted at the expense of the requesting Activity Participant.
10. AUTHORIZATION TO ALLOCATE OPERATING COSTS
Each Activity Agreement Member has entered into an Administration Agreement which
authorizes an agreement by and among the Authority and any of its Members to provide for
undertaking and sharing costs and benefits of any authorized activity of the Authority. The
Authority and the Activity Participants agree that all Activity Agreement Expenses incurred by
the Authority under this Agreement are the costs of the Activity Participants, and not of the
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 18
Authority, and shall be paid by the Activity Participants; provided, however, that this Section
shall not preclude the Activity Agreement Members from accepting voluntary contributions
from other members of the Authority or other interested parties, and applying such
contributions to the purposes hereof. Each SS-MOA Participant shall agree to pay its allocated
share of Activity Agreement Expenses and Authority Operating Costs assigned to this Activity
Agreement pursuant to the SS-MOA signed by such SS-MOA Participant.
11. PARTICIPATION PERCENTAGES
The participation percentage for each Activity Participant shall be utilized to determine
the share of Activity Agreement Expenses allocated to each Activity Participant.
11.1 Initial Participation Percentages. The approach to establishing Participation
Percentages shall be determined by the Activity Participants prior to March 1, 2017. Until the
adoption of the Central DM Region GSP, the Participation Percentages may be evaluated by the
Management Committee from time to time, including to consider new information concerning
the relative contribution or responsibility of each Activity Participant towards achieving the
sustainability goal established in the GSP, with a vote to recommend revisions as provided in
Section 6.4(c). Any such Management Committee-recommended revisions shall be presented to
the Activity Participants for approval as provided in Section 7.2.
11.2 Participation Percentages After GSP Adoption. Upon adoption of an
estimated sustainable yield and a sustainability goal for the Central Delta-Mendota Region in the
GSP, the Management Committee shall consider recalculating the Participation Percentage for
each Activity Participant, which shall be at least partially based on an allocation of each Activity
Participant’s relative contribution or responsibility towards achieving the sustainability goal
established in the GSP. The Management Committee-recommended recalculation shall be
presented to the Activity Participants for approval as provided in Section 7.2. The Participation
Percentages may continue to be evaluated by the Management Committee from time to time, in
order to consider new information concerning the relative contribution or responsibility of each
Activity Participant towards achieving the sustainability goal established in the GSP, with a vote
to recommend revisions as provided in Section 6.4(c)(2). Any such Management Committee-
recommended revisions shall also be presented to the Activity Participants for approval as
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 19
provided in Section 7.2(b).
11.3 Ongoing Documentation of Participation Percentages. The current
Participation Percentages of each Activity Participant, shall be dated and attached as EXHIBIT
“C,” to this Agreement, effective upon the date approved by all Activity Participants, without
any further Amendment of this Agreement being required. Any further amendments to
EXHIBIT “C” may be made using the procedure included in this Section 11 without any further
separate Amendment of this Agreement being required.
11.4 Invoicing and Payment. The Authority shall bill the Activity Participants
for all Activity Agreement Expenses and Special Project Expenses in their respective
Participation Percentages on the same schedule as it utilizes for collecting membership dues to
implement the Authority budget for each March 1 through February 28/29 fiscal year, generally
twice yearly in mid-March and August. Payments are due 30 days following receipt of the
Authority’s invoice.
12. SOURCE OF PAYMENTS
Each Activity Participant agrees that it will timely take actions necessary to provide
sufficient money to meet its obligations hereunder. Each Activity Participant hereby confirms
that the Authority and other Activity Participants are third party beneficiaries of such Activity
Participant’s obligations under this Agreement and may take such actions in law or in equity as
may be desirable to enforce payments hereunder. The Management Committee may also seek
funding from other alternative sources, including but not limited to state and federal grants or loans,
and unless specifically allocated by the unanimous vote of the Management Committee, for
example, to fund a project within the boundaries of a particular Activity Participant, all funding
contributions obtained from alternative sources shall be allocated to each Activity Participant
according to its Participation Percentages.
13. TERM
This Activity Agreement shall take effect on the Effective Date first above identified.
This Activity Agreement shall remain in full force and effect until this Activity Agreement is
amended, rescinded or terminated by the Authority and the Activity Agreement Members, with
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 20
approval from the SS-MOA Participants.
14. WITHDRAWAL FROM FURTHER PARTICIPATION
14.1 Subject to Section 14.3 of this Activity Agreement, any Activity Agreement
Member may voluntarily withdraw from this Activity Agreement upon thirty (30) days’ written
notice of such withdrawal to the Authority and each of the other Activity Participants.
14.2 In the event the Management Committee determines and the Board of Directors
approves the determination that any Activity Participant is deemed to have withdrawn pursuant
to Sections 6.6(b) of this Activity Agreement, such withdrawing Activity Participant shall pay
for all such Activity Participant’s financial obligations incurred prior to the deemed withdrawal
date pursuant to the terms of this Activity Agreement.
14.3 In the event of either a voluntary withdrawal or deemed withdrawal by an
Activity Participant, as of the withdrawal date, all rights of participation in this Activity
Agreement shall cease for the withdrawing Activity Participant, and the withdrawing Activity
Participant shall within thirty (30) days, pay all such Activity Participant’s financial obligations
incurred prior to such withdrawal date pursuant to the terms of this Activity Agreement.
14.4 Upon withdrawal, an Activity Participant shall be entitled to use any data or other
information developed under this Activity Agreement during its time as an Activity Participant.
Further, should an Activity Participant withdraw from the Activity Agreement after completion
of the GSP, it shall be entitled to utilize the GSP for future implementation of SGMA within its
boundaries.
15. INITIAL MEMBERSHIP/ADMISSION OF NEW MEMBERS
Members of the Authority may become Members of this Activity Agreement through
February 28, 2017. After February 28, 2017, admission of new Members shall require
amendment of this Activity Agreement and approval by the Board of Directors and the Activity
Agreement Members. Admission of an SS-MOA Participant at any time shall be through
execution of an SS-MOA and action by the Board of Directors. Admission of additional SS-
MOA Participants after February 28, 2017, shall also require the recommendation of the
Management Committee. The admission of the new Activity Participant shall be documented by
that new Member signing this Activity Agreement or that new SS-MOA Participant entering into
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 21
an SS-MOA with the Authority, subject to this Activity Agreement.
16. SPECIAL PROJECTS
16.1 Fewer than all of the Activity Participants may enter into a Special Project
Agreement to achieve any of the purposes or activities authorized by this Activity Agreement,
and to share in the expenses and costs of such activity. Special Project Agreements must be in
writing and may be documented by completion and execution of a form agreement developed for
such purpose.
16.2 Activity Participants that sign Special Project Agreements agree that all Special
Project Expenses incurred by the Authority under this Activity Agreement for each such Special
Project are the costs of the Special Project Participants, respectively, and not of the Authority or
of the Activity Participants not participating in the Special Project, and the Special Project
Expenses shall be paid by the respective Special Project Participants.
16.3 Special Project Participants shall hold the Authority and each Activity Participant
that is not a member of the Special Project Agreement free and harmless from and indemnify
each of them against any and all costs, losses, damages, claims and liabilities arising from the
Special Project Agreement. The indemnification obligation of Special Project Participants
arising from the Special Project Agreement shall be the same as specified in Section 18 for
Activity Participants in general, except that it shall be limited to the costs, losses, damages,
claims and liabilities arising from the Special Project Agreement.
17. DISPUTE RESOLUTION
Should any controversy arise concerning this Activity Agreement or the rights
and duties of the Authority or any Activity Participant under this Agreement or SS-MOA, the
parties to the dispute shall submit the matter to a person appointed by the Management
Committee to mediate the dispute. The appointed mediator shall be a person who is not an
employee or agent of the Authority or any Activity Participant and who has knowledge of and
experience in the management of groundwater resources. The appointed mediator shall render a
final decision on the matter in dispute and will be compensated by those engaged in the dispute.
This provision shall be a condition precedent to but shall not otherwise replace the rights of the
parties to seek arbitration under the procedures set forth in the Code of Civil Procedure or
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 22
judicial resolution of their disputes.
18. INDEMNIFICATION
18.1 Indemnification of Authority and Non-Members.
(a) The Activity Participants shall hold the Authority and each of the
Authority’s members who is not an Activity Participant, free and harmless from and indemnify
each of them against any and all costs, losses, damages, claims and liabilities arising from
actions or inactions taken under this Activity Agreement and the SS-MOAs. This
indemnification obligation includes the obligation of the Activity Participants to defend the
Authority, and all members of the Authority that are not participants in this Activity Agreement,
at the sole expense of the Activity Participants, in any action or proceeding brought against the
Authority or any of its members not participating in this Activity Agreement, to recover any such
costs, losses, damages, claims or liabilities arising from this Activity Agreement, as well as the
obligation to pay for any and all costs of litigation incurred by the Authority as a result of
entering into this Activity Agreement. Such costs may include, but are not limited to, attorneys’
fees and costs incurred by the Authority pursuant to approved budgets to defend its provision of
services under this Activity Agreement.
(b) The costs of defense and indemnification shall be shared among the
Activity Participants in the same percentage as each such Activity Participant’s Participation
Percentage under the then-current schedule.
(c) The duty to defend and indemnify the Authority or any members of the
Authority that are not participants in this Activity Agreement shall not apply to any costs, losses,
damages, claims or liabilities arising from the sole negligence, active negligence, or willful
misconduct of the Authority or of any members of the Authority not participating in this Activity
Agreement.
18.2 Indemnification of Authority and Activity Participants.
(a) Any Activity Participant that withdraws or is deemed to have withdrawn
from the Activity Agreement or SS-MOA agrees that it shall indemnify the Authority and all
other Activity Participants from costs, losses, damages, claims or liabilities incurred as of the
date of its withdrawal or arising from its withdrawal or deemed withdrawal from the Activity
Agreement or SS-MOA, respectively; without increasing the indemnification obligation of other
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 23
Activity Participants.
(b) Any Activity Participant that fails to perform its financial obligations
according to its Participation Percentage under the Activity Agreement or its respective SS-MOA
agrees that it shall indemnify the Authority and all other Activity Participants from costs, losses,
damages, claims or liabilities arising from its failure to perform such financial obligations.
19. MISCELLANEOUS
19.1 Amendments. This Activity Agreement may be amended in writing by the
Authority and the Activity Agreement Members, with approval from the SS-MOA Participants.
19.2 Assignment; Binding on Successors. Except as otherwise provided in this Activity
Agreement, the rights and duties of the Activity Participant may not be assigned or delegated
without the written consent of the Authority and other Activity Participants. Any attempt to
assign or delegate such rights or duties in contravention of this Activity Agreement shall be null
and void. Any approved assignment or delegation shall be consistent with the terms of any
contracts, resolutions, indemnities and other obligations of the Authority then in effect. This
Activity Agreement shall inure to the benefit of, and be binding upon, the successors and assigns
of the Authority and the Activity Participants.
19.3 Counterparts. This Activity Agreement may be executed by the Authority and the
Activity Agreement Members in separate counterparts, each of which when so executed and
delivered shall be an original, but all such counterparts shall together constitute but one and the
same instrument.
19.4 Governing Law. This Activity Agreement shall be governed by the laws of the
State of California.
19.5 Severability. If one or more clauses, sentences, paragraphs or provisions of this
Activity Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by
the Activity Agreement Members and the Authority that the remainder of the Activity
Agreement shall not be affected thereby.
19.6 Headings. The titles of sections of this Activity Agreement are for convenience
only and no presumption or implication of the intent of the Authority and the Members as to the
construction of this Activity Agreement shall be drawn therefrom.
IN WITNESS WHEREOF, the Members and the Authority have executed this
S a n L u i sSan L u i sWater D i s t r i c tWater D i s t r i c t
S a n t a N e l l a C o u n t ySanta N e l l a C o u n t yWater D i s t r i c tWater D i s t r i c t
P a c h e c oPachecoIrrigatio nIrrigationDistrictDistrict P a n o c h e W a t e rPanoche W a t e rDistrictDistrict
E a g l e F i e l dEagle F i e l dWater D i s t r i c tWater D i s t r i c t O r o L o m aOro L o m aIrrigationIrrigationDistrictDistrict
M e r c y S p r i n g sMercy S p r i n g sWater D i s t r i c tWater D i s t r i c t
S J R I P (P W D )S J R I P (P W D )
S a n L u i sSan L u i sWater D i s t r i c tWater D i s t r i c t
T r a n q u i l l i t yTranquillityIrrigationIrrigationDistrictDistrict
F r e s n o S l o u g hFresno S l o u g hWater D i s t r i c tWater D i s t r i c t
F r e s n oFresnoCountyCounty
M e r c e dMercedCountyCounty
Central Delta-Mendota Region
LEGEND
Delta-MendotaSubbasin 5.22-07
Fresno County (Participating Agency)
Merced County (Participating Agency)
Eagle Field Water District
Fresno S lough Water District
Mercy Sp rings Water District
Oro Loma Water District
Pacheco Irrigation District
Panoch e Water District
San Luis Water District
Santa Nella County WD (Participating Agency)
SJRIP (PWD)
Tranquillity Irrigation District
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Document Path: X:\Engineering & Planning\Groundwater Management Programs\Sustainability Agency Information\Delta Mendota Subbasin\Central DM Subbasin GSA\Central DM GSA Boundary.mxd
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EXHIBIT “B”
CENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 1
MEMORANDUM OF AGREEMENT FOR
CENTRAL DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT SERVICES
This MEMORANDUM OF AGREEMENT FOR CENTRAL DELTA-MENDOTA REGION
GROUNDWATER MANAGEMENT ACT SERVICES (“SS-MOA”), is made effective as of
February 15, 2017 (the “Effective Date”), by and between the San Luis & Delta-Mendota Water
Authority, a joint powers agency of the State of California (“Authority”), and
__________________________, a ________________________ (“SS-MOA Participant”)
Unless expressly and differently defined in this MOA, capitalized terms used in this MOA shall
have the meanings set forth in Section 2 of Appendix 1 to this MOA, a copy of which is attached
hereto and by this reference incorporated herein.
1. RECITALS
a. The Authority and certain of its member agencies have entered into that
certain Central Delta-Mendota Region Sustainable Groundwater Management Act Services
Activity Agreement (the “Activity Agreement”) to efficiently and cost-effectively obtain
services from the Authority to assist the Activity Agreement Members acting through individual
or multi-agency groundwater sustainability agencies that are independent and separate from the
Authority in complying with the Sustainable Groundwater Management Act (the “Act”).
Appendix 1 incorporated into this MOA is a copy of the Activity Agreement.
b. The SS-MOA Participant is not a member of the Authority but is a
County, local agency or mutual water company with jurisdictional boundaries including lands
that are subject to the Act and that are located in a portion of the Delta-Mendota Subbasin
number 5-22.07 of the San Joaquin Valley Groundwater Basin identified in the California
Department of Water Resources (“DWR”) Bulletin 118 (the “DM Subbasin”), said portion being
designated as the Central Delta-Mendota Region (“Central DM Region”) as its boundaries may
be modified from time to time.
c. The SS-MOA Participant is empowered by statute to exercise powers
CENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 2
under the Act and is or will become either its own groundwater sustainability agency or part of a
multi-agency groundwater sustainability agency within the boundaries of the Central DM Region
that is independent and separate from the Authority.
d. The SS-MOA Participant has the power to enter into agreements with
other public agencies or private entities, including for purposes of assuring that lands within its
boundaries are within the coverage of a groundwater sustainability plan as required by the Act.
e. The Activity Agreement contemplates that the “Activity Participants”
under the Activity Agreement shall be comprised of the Activity Agreement Members, this SS-
MOA Participant, and all other local agencies participating through separate Memoranda of
Agreement that contain substantially the same terms as contained in this Memorandum of
Agreement.
f. The objective of the SS-MOA Participant under this Memorandum of
Agreement is to obtain coordinated access to the administrative and technical resources and
services available through the Authority and to provide the mechanisms to share the benefits and
expenses of obtaining such resources and services to assist in 1) as requested, the formation of a
multi-agency groundwater sustainability agency in the Central Delta-Mendota Sub-Basin of the
Delta-Mendota Basin that is separate and independent from the Authority; and 2) the planning,
preparation and potential assistance with implementation of a groundwater sustainability plan for
the Central DM Region; and 3) for coordination with other such plans within the Delta-Mendota
Subbasin or other subbasins as may be required by the Act.
g. The SS-MOA Participant expressly intends that neither the Authority nor
the Activity Agreement Members or other local agencies participating through their separate
Memoranda of Agreement acting through the Activity Agreement Management Committee (as
defined in the Activity Agreement) will have the authority to limit or interfere with the
respective participants’ rights and authorities over their own internal matters, including but not
limited to, an Activity Participant’s surface water supplies, groundwater supplies, facilities,
operations and water management, subject to terms of the Activity Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the true and correct facts recited above, and of the
covenants, terms and conditions set forth herein, the Authority and the SS-MOA Participant
CENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 3
agree as follows:
Section 1. The SS-MOA Participant hereby agrees to be bound by and to perform the
obligations of SS-MOA Participants established under the Activity Agreement, and the Authority
agrees that the SS-MOA Participant so agreeing and performing shall have the rights and be
entitled to share in the benefits of the activities under the SGMA Services Activity Agreement on
the terms and conditions described in the Activity Agreement, Appendix 1 incorporated by
reference into this MOA.
Section 2. The Authority and the SS-MOA Participant acknowledge and agree that
although the SS-MOA Participant is not a signatory to the Activity Agreement for the Central
DM Region, the SS-MOA Participant shall be, in all respects, entitled to representation and to
vote as part of the Management Committee as described in Section 6 of the Activity Agreement.
Section 3. Miscellaneous Provisions.
3.1 Amendments, This SS-MOA may be amended in writing by the Authority
and the SS-MOA Participant.
3.2 Assignment; Binding on Successors. Except as otherwise provided in this
SS-MOA, the rights and duties of the SS-MOA Participant may not be assigned or delegated
without the written consent of the Authority. Any attempt to assign or delegate such rights or
duties in contravention of this SS-MOA shall be null and void. Any approved assignment or
delegation shall be consistent with the terms of any contracts, resolutions, indemnities and other
obligations of the Authority then in effect. This SS-MOA shall inure to the benefit of, and be
binding upon, the successors and assigns of the Authority and the SS-MOA Participant.
3.3 Counterparts. This SS-MOA may be executed by the Authority and the
SS-MOA Participant in separate counterparts, each of which when so executed and delivered
shall be an original, but all such counterparts shall together constitute but one and the same
instrument.
3.4 Governing Law. This SS-MOA shall be governed by the laws of the State
of California.
3.5 Severability. If one or more clauses, sentences, paragraphs or provisions
of this SS-MOA shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the
SS-MOA Participant and the Authority that the remainder of the Activity Agreement shall not be
CENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 4
affected thereby.
3.6 Headings. The titles of sections of this SS-MOA are for convenience only
and no presumption or implication of the intent of the SS-MOA Participant and the Authority as
to the construction of this SS-MOA shall be drawn therefrom.
IN WITNESS WHEREOF, the Authority and the SS-MOA Participant have
executed this Memorandum of Agreement as of the date first above written.
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
SS-MOA PARTICIPANT
COUNTY OF FRESNO ATTEST:
Bernice E. Seidel, Clerk
Board of Supervisors
Brian Pacheco, Chairman By_____________________________
Board of Supervisors
REVIEWED AND RECOMMENDED APPROVED AS TO ACCOUNTING FORM
FOR APPROVAL Oscar J. Garcia C.P.A
Auditor-Controller/ Treasurer-Tax Collector
By:___________________________ By____________________________
Steven E. White, Director Deputy
Department of Public Works and
Planning
APPROVED AS TO LEGAL FORM FOR ACCOUNTING USE ONLY
Daniel C. Cederborg Fund: 0001
County Counsel Subclass 10000
Org. No 4360-1250
Account 7295
By:___________________________
Deputy
CENTRAL DM REGION SGMA SERVICES MOA Final 2-10-2017 5
APPENDIX 1
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
CENTRAL DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT
SERVICES ACTIVITY AGREEMENT
CENTRAL DM REGION SGMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017 29
EXHIBIT “C”
CENTRAL DM REGION
ACTIVITY PARTICIPANT
PARTICIPATION PERCENTAGES
Agency Name Participation Status Participation Percentage
Eagle Field Water District Member
Fresno County SS-MOA Participant
Fresno Slough Water District Member
Merced County SS-MOA Participant
Mercy Springs Water District Member
Oro Loma Water District Member
Pacheco Water District Member
Panoche Water District Member
San Luis Water District Member
Santa Nella County Water District SS-MOA Participant
Tranquillity Irrigation District Member
Widren Water District SS-MOA Participant
Dated Effective as of: ___________________________