HomeMy WebLinkAboutAgreement A-25-517 Management Zone Agreement.pdf Agreement No. 25-517
25-0137
VALLEY WATER COLLABORATIVE VOLUNTARY CONTRIBUTION AGREEMENT TO
SUPPORT EFFORTS RELATED TO WELL TESTING, REPLACEMENT WATER AND GROUNDWATER
IMPROVEMENTS IN THE MODESTO,TURLOCK, DELTA-MENDOTA, EASTERN SAN JOAQUIN,
MERCED, YOLO AND MADERA GROUNDWATER BASIN/SUB-BASIN AS IDENTIFIED IN THE
WATER QUALITY CONTROL PLAN FOR THE SACRAMENTO AND SAN JOAQUIN RIVER BASINS
This Voluntary Contribution Agreement (this "Agreement") is entered into this 7tn
day of October , 20 25 (the "Effective Date"), by and between the VALLEY WATER
COLLABORATIVE, a California nonprofit public benefit corporation (hereafter "VWC") and
County of Fresno , (hereafter "Contributor") (referred to
individually as "Party" or collectively "Parties).
BACKGROUND
1. On May 31, 2018, the Central Valley Regional Water Quality Control Board (Central Valley
Water Board) adopted amendments to the Water Quality Control Plans for the Sacramento
River and San Joaquin River Basins and the Tulare Lake Basin to incorporate a Central
Valley-Wide Salt and Nitrate Control Program (Basin Plan Amendments). The Basin Plan
Amendments were approved by the State Water Resources Control Board (State Water
Board) on October 16, 2019, and the Office of Administrative Law on January 15, 2020.
Parts of the Basin Plan Amendments became effective upon Office of Administrative Law
approval. Other parts became effective after receiving approval from the United States
Environmental Protection Agency.
2. The Basin Plan Amendments include the program to regulate nitrate discharges to
groundwater (Nitrate Control Program). The Nitrate Control Program became
effective on or about January 15, 2020.
3. The Nitrate Control Program applies to all discharges of nitrate to groundwater basins that
are designated with the municipal and domestic supply (MUN) beneficial use. Application
of the Nitrate Control Program to discharges that are subject to Central Valley Water Board
authority is being implemented based on priorities set forth in the Basin Plan Amendments.
4. The Nitrate Control Program, as adopted by the Central Valley Water Board, identifies the
following six Priority 1 groundwater basins/sub-basins: Kaweah,Turlock, Chowchilla, Tule,
Modesto, and Kings; the following Priority 2 groundwater basins/subbasins: Yolo, Eastern
San Joaquin, Delta-Mendota, Merced, Madera, Tulare Lake, Kern County (Westside South),
and Kern County (Poso); and designates the remaining areas as non-prioritized areas.'
Compliance with the Nitrate Control Program is triggered by the issuance of a Notice to
Comply from the Central Valley Water Board to permittees that discharge nitrate to
' The groundwater basins/subbasins names and boundaries identified in this Agreement are from the Department of
Water Resources Bulletin 118 as it existed in 2014 and as incorporated into the Basin Plan.
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groundwater. Upon receipt of the Notice to Comply, permitted dischargers need to select
one of two pathways for complying with the Nitrate Control Program.
5. The Notice to Comply, as set forth in the Basin Plan Amendments, requires those that are
permitted by the Central Valley Water Board to either meet the new requirements
through an individual permitting approach (Pathway A) or voluntarily work with other
permittees as a Management Zone (Pathway B).
6. Voluntary participation in a Management Zone is considered by the Central Valley Water
Board to be an alternative compliance pathway to traditional permitting approaches and
includes incentives that allow those voluntarily selecting Pathway B significant additional
time to comply with the Nitrate Control Program.
7. Irrigated agriculture is permitted to discharge nitrate through the issuance of General
Waste Discharge Requirements that apply to Members of Third Party Groups and
recognized Third Party Groups (Ag Coalitions) receive the Notice to Comply for growers that
are Members of that Third Party Group. As directed in the General Waste Discharge
Requirements issued by the Central Valley Water Board, Ag Coalitions select the compliance
approach (i.e., pathway) for its Members to comply with the Nitrate Control Program.
8. The Central Valley Dairy Representative Monitoring Program (CVDRMP) conducts
monitoring on behalf of its dairy and bovine members and assists them with compliance
with the Central Valley Water Board's Nitrate Control Program. The CVDRMP selects the
compliance approach (i.e., pathway) for its Members for complying with the Central Valley
Water Board's Nitrate Control Program.
9. On May 30, 2020, the Central Valley Water Board sent a Notice to Comply with the Nitrate
Control Program to nitrate permitted dischargers and Ag Coalitions that have Members
within the boundaries of the six identified Priority 1 basins.
10. On December 29, 2023, the Central Valley Water Board sent a Notice to Comply with the
Nitrate Control Program to nitrate permitted dischargers and Ag Coalitions that have
Members within the boundaries of the eight identified Priority 2 basins.
11. Permitted dischargers of nitrate need to inform the Central Valley Water Board of their
decision to either elect Pathway A or Pathway B. For Members of Ag Coalitions, the Ag
Coalition informs the Central Valley Water Board of its choice on behalf of its Members.
For Members of the CVDRMP, the CVDRMP informs the Central Valley Water Board of its
choice for its Members located in the relevant groundwater basin/subbasin and their
selection of Pathway B by virtue of participation in the CVDRMP.
12.A Management Zone is defined to mean "[a] discrete and generally hydrologically
contiguous area for which permitted discharger(s) participating in the Management Zone
collectively work to meet the goals of the SNMP and for which regulatory compliance is
evaluated based on the permittees collective impact, including any alternative compliance
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programs, on a defined portion of the aquifer. Where Management Zones cross
groundwater basin or sub-basin boundaries, regulatory compliance is assessed separately
for each basin or sub-basin. Management Zones must be approved by the Central Valley
Water Board."
13. For those permitted dischargers that received the May 30, 2020 Notice to Comply and
selected Pathway B, the time to submit Preliminary Management Zone Proposals and Early
Action Plans, Final Management Zone Proposals and Management Zone Implementation
Plans occurred between March 2021 and September 2023, and all documents were
submitted timely.
14. For those permitted dischargers that received the December 29, 2023, Notice to Comply
and voluntarily decide to participate in a Management Zone, which includes Ag Coalition
and CVDRMP representatives on behalf of their Members, a Preliminary Management
Zone Proposal and Early Action Plan must be submitted to the Central Valley Water Board
no later than December 28, 2024.
14. Permitted dischargers voluntarily working together as a Management Zone are
responsible for developing and submitting a Final Management Zone Proposal within 180
days after Central Valley Water Board review of the preliminary proposal.
15.Six months after the Central Valley Water Board's Executive Officer accepts the Final
Management Zone Proposal, the permittees, working voluntarily and collaboratively as a
Management Zone, are responsible for developing and submitting a Management Zone
Implementation Plan to the Central Valley Water Board.
16.Central components of the Central Valley Water Board's Pathway B alternative
compliance approach include the need for permittees to be responsible for a program
that tests domestic drinking water wells, provide access to safe drinking water when a
drinking water well exceeds the nitrate drinking water standard of 10 mg/L and identify
long-term drinking water solutions.
17.The Valley Water Collaborative (VWC) is a nonprofit public benefit corporation created to
maintain and improve the quality of life within the Modesto, Turlock, Delta-Mendota,
Eastern San Joaquin, Merced, Yolo and Madera groundwater basins/subbasins
(collectively referred to hereafter as the Region) located within the Central Valley by
providing groundwater testing and free drinking water to residents in the Region who
are impacted by nitrate contamination. The VWC also seeks to improve quality of life in
the Region by identifying long-term drinking water needs for those in the Region that are
impacted by nitrate contamination.
18.The Central Valley Water Board, at its sole discretion, may determine that permittees
voluntarily contributing to the VWC's efforts to improve quality of life in the Region
otherwise satisfies a permittees responsibilities and obligations under Pathway B of the
Nitrate Control Program.
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TERMS OF VOLUNARY CONTRIBUTION AGREEMENT
The Parties agree as follows:
1. Contributor has voluntarily determined, on its own accord, to voluntarily participate and
contribute to VWC's program to improve quality of life in the Region.
2. As part of its efforts to improve quality of life in the Region, VWC agrees to make publicly
available final reports and plans and data relied on for final reports and plans, except as
limited by paragraph 12 of this Agreement, so that the Contributor may use such
information to meet its responsibilities and obligations under the Nitrate Control Program
and as directed by the Central Valley Water Board.
3. Contributor understands that the Contributors' contributions will be used to support VWC
in fulfilling its mission to maintain and improve the quality of life in the Region and to
support VWC's efforts to provide access to safe drinking water for residents, and by
engaging in activities with the goal of protecting or enhancing the quality of groundwater
used as drinking water for residents in the region.
4. VWC agrees that VWC's Board of Directors will include contributors from all of the
groundwater basins/subbasins in the Region and that each groundwater basin/subbasin in
the Region will have at least one director position on the VWC Board of Directors. VWC
agrees that all other director positions, i.e., those not specifically designated for each
groundwater basin/subbasin, may be filled by any Contributor from any of the groundwater
basin/subbasins that are within VWC's Region.
5. VWC agrees that to ensure that VWC fulfills its mission throughout the Region that it will
form and administer subcommittees of the Board of Directors for each groundwater
basin/subbasin. The groundwater basin/subbasin specific subcommittees will be comprised
of Contributors or a representative of Contributors (e.g., irrigated agriculture through Ag
Coalition representatives and dairies through CVDRMP representatives) that have agreed to
contribute to the VWC to help support VWC in fulfilling its mission to maintain and improve
the quality of life in the Region and to support VWC's efforts to provide access to safe
drinking water for residents. The subcommittees may make recommendations to the VWC
Board of Directors with respect to matters and activities that apply in whole or part to the
subcommittee's groundwater basin/subbasin of concern.
6. Contributor will be notified annually of its requested financial contribution to support
VWC's efforts to improve quality of life in the Region.
7. The Parties agree to cooperate in seeking alternative funding sources for development and
implementation of the program and the implementation thereof.
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8. Contributor understands that compliance with the Nitrate Control Program is determined
by the Central Valley Water Board and the Central Valley Water Board may assess
compliance separately for each groundwater basin/subbasin that is in the Region.
9. As part of its program, the VWC will make available to the public, including the Central
Valley Water Board, its final plans, reports, and any data relied on to develop final plans and
reports, except as otherwise limited by paragraph 16 of this Agreement.
10. Contributor may terminate this Agreement at any time upon giving a minimum of thirty
(30) days' express written notification to the VWC. Any contributions made to VWC by a
withdrawing Contributor prior to giving notice of withdrawal belong to the VWC as a public,
nonprofit benefit corporation and are not reimbursable by VWC to the withdrawing
Contributor.
11.Contributor understands that, upon request by the Central Valley Water Board, VWC will
convey to the Central Valley Water Board those contributors that support VWC's program
and the identification of any former contributors that no longer support VWC's program.
12.The Parties shall indemnify, defend, and hold harmless the other Party, its officers,
directors, members, managers, employees, agents, affiliates, successors, and permitted
assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities,
deficiencies, claims, actions,judgments, settlements, interest, awards, penalties, fines,
costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, and the
costs of enforcing any right to indemnification under this Agreement, and the cost of
pursuing any insurance providers, arising out of or resulting from any claim of a third party
arising out of or occurring in connection with a Party's negligence, willful misconduct, or
breach of this Agreement.
13.The Parties acknowledge that by contributing to VWC and supporting VWC's programs, the
parties make no representations or admissions whatsoever with respect to nitrate levels
and possible contamination in groundwater that may exist within the Region.
14.The Parties, along with other VWC contributors, agree to work cooperatively to develop and
implement VWC's mission to improve quality of life in the Region and shall not use
information obtained through the development and implementation of VWC's mission to
cause material harm the other Party to this Agreement or other contributors to the VWC.
15.To the extent allowed by applicable law and State Water Board Order WQ 2018-0002, if
VWC receives or obtains access to certain confidential information associated with
Groundwater Protection Formula, Value and Target information, and Irrigation and
Nitrogen Summary Report Data from irrigated agricultural coalitions subject to relevant
General Waste Discharge Requirements to assist in development of VWC's program, VWC
will take all reasonable steps to maintain confidentiality of such data and information.
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16.The Agreement shall be interpreted and enforced pursuant to the laws of the State of
California. It is agreed that in the event of any litigation arising hereunder, the Parties
hereto shall submit to the jurisdiction of any court of competent jurisdiction within the
State of California, County of Stanislaus.
17.No waiver by any Party of any of the provisions of this Agreement shall be effective unless
explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set
forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy,
power, or privilege arising from this Agreement shall operate or be construed as a waiver
thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege
hereunder preclude any other or further exercise thereof or the exercise of any other right,
remedy, power, or privilege.
18.If any provision of the Agreement is found invalid or unenforceable,the balance of the
Agreement shall remain in full force and effect.
19.The Agreement may be executed in counterparts with the same force and effect as if
executed in one complete document by all Parties.
20.This Agreement contains the entire agreement between the Parties with respect to the
matters set forth in it. Any modifications, revisions, or changes to this Agreement must be
made in writing and signed by both Parties.
IN WITNESS WHEREOF,the Parties have executed this Agreement effective on the date set
forth above.
VALLEY WATER COLLABORATIVE
B Date:_
Sign re of VWC Board Chair
73-0S- ltV1 Gld le4 /
Print name of VWC Board Chair
CONTRIBUTOR
Entity Name:_ Co ylz& oz, LSho Date:_ /D r7 ,26a
" ATTEST:
By -_ BERNICE E.SEIDEL
Signature of Contributorzluthorized representative Clerk of the Board of Supervisors
County of Fresno,State of
California
Er�esf 3�d�y Miler s By �4'Z'/ `(- Deputy
Print name of Contributor authorized representative
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Entity Information
Entity Name: FCSA 44A- Millerton Lake Mobile Home Village
Mailing Address: 2220 Tulare Street, 6th Floor, Fresno, CA 93721
Physical Address: SW corner of Parker Street and Countryside Ln, Friant, CA 93626
Subbasin(s) for which ❑ Modesto
this Agreement Applies: ❑ Turlock
❑ Merced
❑ Eastern San Joaquin
❑ Delta-Mendota
® Madera
❑ Yolo
CV Salts ID Number(s):
1752
(This ID number is assigned
by the Regional Water Board.
It can be found on your
Notice to Comply.)
Primary Entity Contact
Name: Christopher Bump, Special Districts Manager
Phone: (559) 600-4259
Email:
cbump@fresnocountyca.gov
Request for Contribution Statement Contact
Should the individual YES ® NO ❑
above receive the VWC
Request for Contribution If"No"please include the contact information for the individual, below.
Statement?
Name:
Phone:
Email:
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