HomeMy WebLinkAboutAgreement A-25-572 MOU between VWC and GSAs in the Subbasin.pdf 25-1146
Agreement No. 25-572
MEMORANDUM OF UNDERSTANDING BETWEEN VALLEY WATER COLLABORATIVE AND
GROUNDWATER SUSTAINABILITY AGENCIES IN THE DELTA MENDOTA SUBBASIN
RECITALS
WHEREAS, 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, Madera and Yolo groundwater basins/subbasins
(collectively referred to as "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;
WHEREAS, the VWC also seeks to improve the quality of life in the Region by identifying long-
term drinking water needs for those in the Region that are impacted by nitrate contamination;
WHEREAS, starting on or about May 8, 2021, the VWC began implementing an Early Action Plan
for the Modesto and Turlock subbasins, which advertises widely across the subbasins of the
VWC's willingness to test domestic wells for nitrate, and if the well exceeds the nitrate drinking
water standard of 10 mg/L, then the VWC will provide alternative drinking water supplies;
WHEREAS, starting on or about January 1, 2022, the VWC began testing domestic wells in the
Modesto and Turlock subbasins for additional contaminants and providing drinking water
subject to the terms of an agreement between VWC and the State Water Resources Control
Board to administer a Safe and Affordable Funding for Equity and Resilience (SAFER) grant to
assist private domestic well owners;
WHEREAS, starting on or about February 28, 2025, VWC expanded its efforts to also implement
Early Action Plans in the Delta-Mendota, Eastern San Joaquin, Merced, Madera and Yolo
groundwater basins/subbasins and expanded implementation of the SAFER grant to these
additional basins/subbasins;
WHEREAS, the VWC's Early Action Plan efforts in the Delta-Mendota, Eastern San Joaquin,
Merced, Madera and Yolo groundwater basins/subbasins offer free domestic well testing to
measure nitrate and other contaminant levels in such wells and offers to provide replacement
water to those whose wells that exceed the state's primary maximum contaminant levels for
the constituents tested;
WHEREAS, under the VWC's administrative umbrella there exists a Delta-Mendota Subbasin
Advisory Committee;
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WHEREAS, in the Delta-Mendota Subbasin, there are 23 individual Groundwater Sustainability
Agencies' formed under and pursuant to the provisions of the Sustainable Groundwater
Management Act (SGMA) (Wat. Code, § 10720 et seq.) that are required to prepare and
implement a Groundwater Sustainability Plan that meets the requirements of SGMA;
WHEREAS, the individual GSAs have worked cooperatively to prepare a single GSP that covers
the entirety of the Delta-Mendota Subbasin;
WHEREAS, the single GSP finalized in 2024 addresses deficiencies identified by the California
Department of Water Resources (DWR) in March of 2023 for the Delta-Mendota Subbasin;
WHEREAS, DWR's determination of inadequacy resulted in transferring primary jurisdiction for
review of the single GSP to the State Water Board;
WHEREAS, the 23 GSAs have a shared interest to satisfy the requirements of SGMA and the
State Water Board's potentially alleged deficiencies regarding GSP implementation;
WHEREAS, the parties acknowledge and understand that there are legacy groundwater quality
issues in the Delta Mendota Subbasin, which already exist and occur independent of the actions
of the VWC, the 23 GSAs and implementation of the single GSP or the Management Zone
Implementation Plan;
WHEREAS, as part of GSP implementation, the 23 GSAs desire to mitigate the effects that may
be felt by domestic water users whose wells are negatively impacted as a result of groundwater
levels dropping due to groundwater management in the Delta Mendota Subbasin;
WHEREAS, the 23 GSAs have agreed to implement the Delta-Mendota Subbasin Domestic Well
Mitigation Policy; and
WHEREAS, the VWC's Delta-Mendota Advisory Committee and the 23 GSAs desire to
coordinate efforts related to testing groundwater quality in domestic wells and for providing
replacement water as determined necessary and appropriate.
NOW, THEREFORE, the VWC and the 23 GSAs agree as follows:
AGREEMENT TERMS
The 23 GSAs include the following agencies: Aliso Water District GSA, Central Delta-Mendota GSA,
City of Dos Palos GSA, City of Firebaugh GSA, City of Gustine GSA, City of Los Banos GSA, City of
Mendota GSA, City of Newman GSA, City of Patterson GSA, County of Madera-3 GSA, DM-II GSA,
Farmers Water District GSA, Fresno County Management Area A GSA, Fresno County Management
Area B GSA, Grassland GSA, Merced County Delta-Mendota GSA, Northwestern Delta-Mendota GSA,
Oro Loma Water District GSA, Patterson Irrigation District GSA, San Joaquin River Exchange
Contractors GSA, Turner Island Water District-2 GSA, West Stanislaus Irrigation District GSA 1, and
Widren Water District GSA.
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1. VWC and the 23 GSAs agree to work collaboratively to avoid duplication of efforts in their
respective administration of their programs, including but not limited to: 1) compilation
and assessment of groundwater data; 2) groundwater monitoring; 3) testing domestic wells
for drinking water constituents of concern; 4) mitigating dry wells; and, 5) providing
replacement drinking water.
2. The VWC and the 23 GSAs agree that it is in their mutual interest to ensure that all residents
in the Delta-Mendota Subbasin have access to an adequate supply of safe and affordable
drinking water.
3. VWC agrees, consistent with its Early Action Plan for the Delta-Mendota Subbasin as
approved by the Central Valley Regional Water Quality Control Board's (Central Valley
Water Board) Executive Officer on February 25, 2025 , to conduct outreach to residents
within the Delta-Mendota Subbasin to offer free domestic well testing for nitrate and other
contaminants and will provide replacement water to residents if the domestic well exceeds
the primary contaminate level for nitrate, and may provide replacement water to residents
based on eligibility if the domestic well exceeds primary drinking water standards for other
contaminants but not nitrate.
4. VWC agrees that as part of its Early Action Plan outreach efforts, VWC will provide residents
throughout the Delta-Mendota Subbasin with information regarding the 23 GSAs Delta-
Mendota Subbasin Domestic Well Mitigation Policy as long as such information is provided
to the VWC for dissemination.
5. The 23 GSAs agree to identify a single point of contact for the VWC for cooperation and
collaboration associated with its Domestic Well Mitigation Policy.
6. VWC agrees that if VWC, during the normal course of implementing its Early Action Plan in
the Delta-Mendota Subbasin, encounters a dry well that may be eligible for mitigation
under the 23 GSAs Delta-Mendota Subbasin Domestic Well Mitigation Policy, VWC will
notify the contact person identified by the 23 GSAs of the dry well and will provide the
resident with referral information from the 23 GSAs of the resident's options for seeking
mitigation under the Delta-Mendota Subbasin Domestic Well Mitigation Policy.
7. The 23 GSAs agree that if a domestic well is eligible for mitigation pursuant to their
Domestic Well Mitigation Policy, the 23 GSAs, in accordance with their Domestic Well
Mitigation Policy, will take all reasonable efforts to install a replacement well that is
perforated at a level where groundwater meets primary drinking water standards if
installation of a replacement well is the chosen mitigation measure.
8. The 23 GSAs agree that if a replacement well is provided through the Domestic Well
Mitigation Policy, the GSAs will test water from the well to determine if it exceeds drinking
water standards. If the well exceeds the nitrate drinking water standard, the identified
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single point of contact will work with the VWC to ensure that replacement water is provided
to the residents that rely on the well in question.
9. The VWC and the 23 GSAs agree that it is their intent to develop a future agreement, or
amendments to this agreement, whereby the 23 GSAs may contribute annually to the VWC
to provide funding to the VWC to cover costs incurred specifically within the Delta-Mendota
Subbasin for well testing and replacement water that may be associated with
implementation of the single GSP for the Delta-Mendota Subbasin.
10. The 23 GSAs agree to provide the VWC with groundwater well data and information
compiled by the GSAs to assist the VWC in its development of a Preliminary Management
Zone Implementation Plan, and future plans as appropriate and applicable.
11. The VWC and the 23 GSAs agree to work collaboratively in the development of their
monitoring well networks to ensure that there are not duplicative monitoring efforts and to
share monitoring results of wells monitored so that each program enhances the other's well
monitoring program rather than duplicating such programs.
IN WITNESS WHEREOF, the VWC and the 23 GSAs have executed this Memorandum of
Understanding as of the Effective Date.
Dated: ALISO WATER DISTRICT GSA
Print Name:
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Dated: CENTRAL DELTA-MENDOTA GSA
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Dated: CITY OF DOS PALOS GSA
Print Name:
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Dated: CITY OF FIREBAUGH GSA
Print Name:
Print Title:
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Dated: CITY OF GUSTINE GSA
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Dated: CITY OF LOS BANOS GSA
Print Name:
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Dated: CITY OF MENDOTA GSA
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Dated: CITY OF NEWMAN GSA
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Dated: CITY OF PATTERSON GSA
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Dated: COUNTY OF MADERA-3 GSA
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Dated: COUNTY OF MERCED DELTA-MENDOTA GSA
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Dated: DM II GSA
Print Name:
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Dated: FARMERS WATER DISTRICT GSA
Print Name:
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Dated: FRESNO COUNTY MANAGEMENT AREA A GSA
Print Name: Ernest Buddy4fAendes
Print Title: Chairman of the Board of Supervisors
of the County of Fresno
Dated: FRESNO COUNTY MANAGEMENT AREA B GSA
�- t
Print Name: Ernest Buddy endes
Print Title: Chairman of the Board of Supervisors
of the County of Fresno
Dated: GRASSLAND GSA
Print Name:
Print Title:
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By Deputy
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Dated: NORTHWESTERN DELTA-MENDOTA GSA
STANISLAUS COUNTY
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APPROVED AS TO FORM
By:
MERCED COUNTY
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APPROVED AS TO FORM
By:
Dated: ORO LOMA WATER DISTRICT GSA
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Dated: PATTERSON IRRIGATION DISTRICT GSA
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Dated: SAN JOAQUIN RIVER EXCHANGE CONTRACTORS
WATER AUTHORITY GSA
Print Name:
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Dated: TURNER ISLAND WATER DISTRICT-2 GSA
Print Name:
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Dated: WEST STANISLAUS IRRIGATION DISTRICT GSA 1
Print Name:
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Dated: WIDREN WATER DISTRICT GSA
Print Name:
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