HomeMy WebLinkAbout32211MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
Agreement No. 15-391
INTERESTED PARTIES DESIRING TO CONSIDER FORMING
A GROUNDWATER SUSTAINABILITY AGENCY
THIS MEMORANDUM OF UNDERSTANDING (this "MOU") is made and entered
into on this t r~ day of A=">i-'20I 6 (the "Effective Date"), by and between Interested
Parties desiring to consider fo mg a groundwater sustamability agency ("GSA"). The parties
whose names and authorized signatures appear below are each an "Interested Party," and may be
collectively referred to herein as "Interested Parties."
RECITALS
A. WHEREAS, Senate Bills I3I9 and II68, and Assembly Bill I739, collectively,
the "Sustainable Groundwater Management Act" were signed by Governor Brown on September
I6,20I4;and
B. WHEREAS, the Sustainable Groundwater Management Act ("SGMA") sets
statutory deadlines for compliance with the SGMA as follows: by January 3I, 20 I5, the
Department of Water Resources ("DWR") shall declare the initial priority for each basin or sub
basin; by January I, 20I6, DWR shall adopt regulations to revise basin boundaries; by June I,
20I6, DWR shall develop rules for evaluating and implementing a groundwater sustainability
plan ("GSP"); by June 30, 20I7, GSAs need to be identified and established for each basin and
sub basin; and by January I, 2020, the GSAs covering high and medium priority basins and sub
basins need to manage those basins through a GSP; and
C. WHEREAS, the Interested Parties desire to formalize their intent to meet, review,
analyze and determine the willingness among the Interested Parties to form a GSA to administer
and implement a GSP.
NOW, THEREFORE, in consideration ofthe recitals set forth above, which are
incorporated herein by this reference, and the mutual covenants and undertakings set forth
herein, the mutual receipt and sufficiency of which is hereby acknowledged, the Interested
Parties agree as follows:
1. Purpose. The purpose of this MOU is to document the willingness ofthe
Interested Parties to work together to comply with the SGMA and its statutory timeline(s). This
MOU is further intended to promote and provide a means to establish an orderly process by
which the Interested Parties may share information, develop a course of action, and resolve any
misunderstandings or differences that may arise.
2. Coordination. There shall be coordinating meetings between the Interested
Parties held on a monthly basis, or as needed.
3. Obligations; Costs. It is agreed between the Interested Parties that information
pertaining to groundwater management, depth to groundwater, and groundwater quality
information from that area covered by each Interested Party, be shared and that all such data
coordinated between the Interested Parties, to the extent such information is not considered
1552492v4 1 6217.0354 1
confidential.Each Interested Party shall bearthecostof its individual participation inthis MOU,
unless otherwise agreedto amongthe Interested Partiesin writing.
4.Withdrawal.Any Interested Party may withdraw from this MOU by providing
thirty (30)days written notice to the other Interested Parties.
5.Boundaries.It is the intent among the Interested Parties that this MOU addresses
thearea immediately eastofthe Kings Riverthat is within the presently designated Kings Sub
Basin and the boundaries of the agency shall include all land located within the exterior
perimeter boundaries of Alta Irrigation District within Fresno andTulare Counties,Orange Cove
Irrigation District,Hills Valley Irrigation District,and Tri-Valley WaterDistrict overlying the
San Joaquin Valley Basin, Kings Subbasin, as described in "California's Groundwater:Bulletin
118,"updated in 2003.
6.Term.The term of this MOU shall commence on the Effective Date and shall
continue unless rescinded in writing by all Interested Parties.
7. Other Agreements To Coordinate. The Interested Parties agree that it is
acceptable, and not contrary to this MOU nor the formation of a Kings River East GSA, for Alta
Irrigation District,Tulare County and FresnoCounty to enter intoand/or participate in additional
memoranda of understanding or coordination agreements with other public agencies overlying
the Kings Subbasin, to coordinate efforts to implement SGMA.Representatives from Alta
Irrigation District, Tulare County and Fresno County shall act as representatives for all of the
Interested Parties and share information obtained through these coordination efforts with the
other Interested Parties.
///
///
///
///
///
///
///
///
///
///
///
15S2492v4/6217.0354
8.This MOU may be executed in counterparts and all separately executed copies of
this MOU shall be read and interpreted as one document.Signatures may be provided by PDF
for facsimile.
IN WITNESS WHEREOF the Interested Parties have executed this MOU as of the date
first above written.
INTERESTED PARTY INTERESTED PARTY
Name:Name:
By:By:
Title:Title:
Date:Date:
1552492v4/6217.0354
INTERESTED PARTY INTERESTED PARTY
Name:Name:
By:By:
Title:Title:
Date:Date:
INTERESTED PARTY INTERESTED PARTY
Name:Name:
By:By:
Title:Title:
Date:Date:
INTERESTED PARTY INTERESTED PARTY
Name:Name:
By:By:
Title:Title:
Date:Date:
1552492v4/6217.0354
INTERESTED PARTY INTERESTED PARTY
Name:Name:
By:By:
Title:Title:
Date:Date:
1552492v4/6217.0354
County of Fresno
Approved as to Legal Form:
Daniel Cederborg
Fresno County Counsel
By:~/~~
Approved as to Accounting Form
Vicki Crow, C.P.A.
Auditor Controller/Treasure-Tax Collector
Attest:
Bernice E. Seidel
Clerk to the Board of Supervisors
6