HomeMy WebLinkAboutAgreement A-20-081 with Pleasant Valley Groundwater Sustainability Agency.pdfMEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF FRESNO
AND PLEASANT VALLEY GROUNDWATER SUSTAINABILITY AGENCY
WITH RESPECT TO IMPLEMENTATION OF THE SUSTAINABLE GROUNDWATER
MANAGEMENT ACT
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective as of
February 25, 2020, by and between the COUNTY OF FRESNO (“County”) and PLEASANT
VALLEY WATER DISTRICT (also known, for purposes of the Sustainable Groundwater
Management Act, as PLEASANT VALLEY GROUNDWATER SUSTAINABILITY
AGENCY) (“PVWD” or “PVGSA”). The County and PVGSA may be collectively referred to
herein as the “Parties,” or singularly as a “Party.”
RECITALS
A.On September 16, 2014, the Governor of the State of California signed into law
Senate Bills 1168 and 1319, and Assembly Bill 1739 collectively, the Sustainable Groundwater
Management Act (“SGMA”), which is codified at Water Code Sections 10720 et seq.; and
B.SGMA requires that California groundwater basins and subbasins be managed by
a Groundwater Sustainability Agency (“GSA”) or multiple GSAs, and that such management be
implemented pursuant to an approved Groundwater Sustainability Plan (“GSP”) or multiple
coordinated GSPs; and
C.California Water Code Section 10723.8, subdivision (c), prohibits the recognition
of any entity as an exclusive GSA if the entity’s proposed GSA management area overlaps the
proposed GSA management area of another entity, subject to certain procedural requirements;
and
D.PVGSA and the County have elected to serve as exclusive GSAs for their
respective areas within the Pleasant Valley Subbasin of the San Joaquin Valley Basin (Basin No.
5-022.10 in the Department of Water Resources’ Bulletin 118.
The Parties therefore agree as follows:
1.Objectives. The objectives of the Parties in entering into this MOU are as
follows:
(a)To achieve sustainable groundwater management pursuant to SGMA in
the Pleasant Valley Subbasin that is identified in the attached Exhibit “A”.
(b)To work cooperatively with each other and with adjacent GSAs in the
Pleasant Valley Subbasin to prepare a single GSP that covers the Pleasant Valley Subbasin.
(c)To work cooperatively with each other and with adjacent GSAs in the
Pleasant Valley Subbasin and in adjacent subbasins to achieve sustainable groundwater
management in the Pleasant Valley Subbasin.
19-1622 Agreement No. 20-081
2.Precedence of County’s Land Use Planning Authority. PVGSA agrees that its
operations as the PVGSA, and the GSP adopted by the PVGSA, the County and the other GSAs
in the subbasin, will not abrogate the County’s general plan or conflict with the County’s
exercise of its land use planning authority; provided, that the County’s general plan and the
County’s exercise of its land use planning authority comply with all applicable laws, statutes,
and regulations.
3.Coordination Framework. Each Party to this MOU agree, in developing the
GSP, and in its respective implementation of the GSP, to consider the interests of the other Party,
including but not limited to the County’s general plan. In order to prevent conflicts between the
GSP and the County’s general plan and between PVGSA’s operations as the PVGSA and the
County’s exercise of its land use planning authority, the County shall have opportunities to
provide, and PVGSA shall consider, advisory input in the development and implementation of
the GSP. The Director of the County’s Department of Public Works and Planning shall
designate a contact person (Designated Contact Person) to whom PVGSA shall provide written
notices of opportunities to participate in SGMA implementation.
No fewer than 90 days before adopting or modifying the GSP or policies or procedures
for the exercise of GSA powers, PVGSA shall provide written notice to the Designated Contact
Person. Within 30 days of receiving such notice, the Designated Contact Person may request
consultation with PVGSA’s representative. Prior to the adoption or modification of the GSP or
policies or procedures for the exercise of GSA powers, PVGSA shall consider any comments or
recommendations provided by the Designated Contact Person for the County, to achieve the
goals of this MOU.
No fewer than 90 days prior to issuing, adopting, modifying, or approving any ordinance,
policy, plan, or permit, or taking any other action related to groundwater resources within the
Pleasant Valley basin, the County shall provide written notice to PVGSA. Within 30 days of
receiving such notice, PVGSA may request a mandatory consultation with the County. Prior to
taking any groundwater-related action, the County shall consider any comments or
recommendations provided by PVGSA.
4.Finances. Each of the Parties to this MOU shall bear its own costs of
implementing SGMA, except as follows:
(a)The County shall provide such assistance and support as it is able to
provide at current staffing levels in applying for grant funding related to SGMA implementation
when so requested by the PVGSA. The ability of the County to provide such assistance and
support shall be determined exclusively by the County.
5.Notices. All notices required or permitted by this MOU or applicable law shall be
in writing and may be delivered in person (by hand or by courier) or may be sent by regular,
certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by
facsimile transmission, or by electronic transmission (email) and shall be deemed sufficiently
given if served in a manner specified in this Section 6. The addresses and addressees noted
below are that Party’s designated address and addressee for delivery or mailing of notices.
To Pleasant Valley Water District: Pleasant Valley Water District
c/o District President
Post Office Box 468
Coalinga, CA 93210-0468
To County of Fresno: County of Fresno
Department of Public Works and Planning
c/o Glenn Allen, Water and Natural Resources Division
2220 Tulare St. 6th Floor
Fresno, CA 93721
Telephone: (559) 600-4500
Either Party may, by written notice to the other, specify a different address for
notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed
given on the date of delivery shown on the receipt card, or if no delivery date is shown, three (3)
days after the postmark date. If sent by regular mail, the notice shall be deemed given forty-
eight (48) hours after it is addressed as required in this section and mailed with postage prepaid.
Notices delivered by United States Express Mail or overnight courier that guarantee next day
delivery shall be deemed given twenty-four (24) hours after delivery to the Postal Service or
courier. Notices transmitted by facsimile transmission or similar means (including email) shall
be deemed delivered upon telephone or similar confirmation of delivery (conformation report
from fax machine is sufficient), provided a copy is also delivered via personal delivery or mail.
If notice is received after 4:00 p.m. or on a Saturday, Sunday or legal holiday, it shall be deemed
received on the next business day.
6. Indemnification. As the County does not vote on the actions of the PVGSA,
PVGSA shall hold harmless and indemnify the County from and against any liability, claims,
actions, costs, damages or losses of any kind, including but not limited to death or injury to any
person and/or damage to property, arising out of the implementation of the GSP by PVGSA.
PVGSA shall not be obligated to indemnify the County where any loss, damage, injury, liability,
or claim is a result of the sole negligence or willful misconduct of the County. Additionally, the
County shall hold harmless and indemnify the PVGSA from and against any liability, claims,
actions, costs, damages or losses of any kind, including but not limited to death or injury to any
person and/or damage to property, arising out of the implementation of the GSP by the County.
The County shall not be obligated to indemnify PVGSA where any loss, damage, injury,
liability, or claim is a result of the sole negligence or willful misconduct of PVGSA.
The foregoing indemnification obligation shall continue beyond the term of this MOU as to any
acts or omissions occurring before or under this MOU or any extension of this MOU.
7. Compliance with Laws. In any action taken pursuant to this MOU, PVGSA and
the County shall comply with all applicable statutes, laws, and regulations, specifically
including, but not limited to, SGMA and its implementing regulations, as they now exist or as
they may be amended or promulgated from time to time.
To the extent that this MOU conflicts with or does not accurately reflect any applicable
statutes, laws, or regulations now existing or as amended or promulgated from time to time, the
laws, statutes, and regulations shall govern.
To the extent that any applicable statutes, laws, or regulations are amended or newly
promulgated in such a manner that causes this MOU to conflict with or no longer accurately
reflect such statutes, laws, or regulations, this MOU shall be modified, in writing, by all Parties,
in order to comport with the newly amended or promulgated statutes, laws, or regulations.
8.Entire Agreement. This MOU and items incorporated herein contain all of the
agreements of the Parties with respect to the matters contained herein, and no prior agreement or
understanding pertaining to any such matter shall be effective for any purpose.
9.Amendments. No provisions of this MOU may be amended or modified in any
manner whatsoever except by an agreement in writing duly authorized by representatives of all
Parties.
10.No Assignment. The rights and obligations of the Parties to this MOU may not
be assigned or delegated, and any attempt to assign or delegate such rights or duties in
contravention of this section shall be null and void.
11.Binding Effect. This MOU shall apply to and bind successors, assignees,
contractors, subcontractors, transferees, agents, employees, and representatives of the respective
Parties hereto.
12.Governing Law. This MOU and all documents provided for herein and the rights
and obligations of the Parties hereto shall be governed in all respects, including validity,
interpretation and effect, by the laws of the State of California (without giving effect to any
choice of law principles).
13.Waiver. The failure of any Party to insist on strict compliance with any provision
of this MOU shall not be considered a waiver of any right to do so, whether for that breach or
any subsequent breach. The acceptance by any Party of either performance or payment shall not
be considered to be a waiver of any preceding breach of the MOU by any other Party.
14.Severability. If any term or provision of this MOU is, to any extent, held invalid
or unenforceable, the remainder of this MOU shall not be affected.
15.Headings. The subject headings of the sections of this MOU are included for
purposes of convenience only and shall not affect the construction or interpretation of any of the
provisions herein.
16.Counterparts. This MOU may be executed in any number of counterparts, each
of which shall be an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this MOU as of the day and
year first above written.
PLEASANT VALLEY WATER
DISTRICT, a California Water District
By:--------------
Name: -------------
Title: -------------
COUNTY OF FRESNO
By:£ :z2:~~~
Ernest "Buddy" Mendes, airman of the
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel , Clerk of the Board of
Supervisors
County of Fresno , State of California
5-22.09WESTSIDE
5-22.10PLEASANT VALLEY
KETTLEMAN PLAIN
0 1 2
Miles
I Pleasant Valley W.D.
Draft GSA Boundary
Legend
Groundwater Subbasin (CA DWR Bulletin 118, 2016)
Pleasant Valley Water District GSA
Westlands W.D. GSA
Pleasant Valley W.D.
City of Coalinga
2/8/2017 : G:\Pleasant Valley WD - 1103\GIS\1103og01\2017\GSA\Map\pvwd_gsa.mxd
EXHIBIT A