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Home My WebLink About32212Agreement No. 15-392 MEMORANDUM OF UNDERSTANDING FOR COORDINATION OF IMPLEMENTATION OF THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT IN THE LOWER KINGS GROUNDWATER BASIN 5/12/15 THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made and effective as of May_, 2015 by and between the Burrel Ditch Company, Clark's Fork Reclamation District, Crescent Canal Company, County of Fresno, Sough Water District, James Irrigation District, Laguna Irrigation District, Liberty Canal Company, Liberty Mill Race Company, Liberty Water District, Raisin City Water District, Reclamation District #1606, Reed Ditch Company, Riverdale Irrigation District, Stinson Canal & Irrigation Company, Stinson Water District, Upper San Jose Water Company, and the Kings River Conservation District ("KRCD"), each a "Party" and collectively the "Parties", with reference to the following facts: A. The State of California has enacted the Sustainable Groundwater Management Act (contained in SB 1168, AB 1739 and SB 1319), referred to in this MOU as the "Act," pursuant to which certain local agencies may become "groundwater sustainability agencies" and adopt "groundwater sustainability plans" in order to manage and regulate groundwater in underlying groundwater basins. The Act defines "basin" as a basin or subbasin identified and defined in California Department of Water Resources Bulletin 118. Each Party is a local agency qualified to become a groundwater sustainability agency and adopt a groundwater sustainability plan under the Act. B. Multiple local agencies overlying a single groundwater basin or subbasin may adopt individual groundwater sustainability plans if those plans are coordinated, or may join together to adopt a single plan. The Parties all overlie that portion of the Kings Groundwater Subbasin (the "Kings Basin") generally referred to as the Lower Kings Basin or Groundwater Management Area A&B (the "Lower Kings Basin"). The Parties wish to coordinate implementation of the Act within the Lower Kings Basin and with other local agencies in the Kings Basin. As a result, coordination and cooperation between them is necessary in order to determine their respective roles and the manner in which they will implement the Act. C. The Parties wish to provide a framework for cooperative efforts relative to implementation of the Act, both with each other and with other agencies in the Kings Basin interested in implementing the Act, to help ensure that the Act is implemented effectively, efficiently, fairly, and at the lowest reasonable cost. THEREFORE, in consideration of the mutual promises set forth below and to implement the goals described above, the Parties agree as follows: 1. Purposes ofMOU. The primary purposes of this MOU are to (i) facilitate a cooperative and ongoing working relationship between the Parties that will allow them to explore, study, evaluate and (to the extent the Parties agree) develop and implement mutually beneficial approaches and strategies for implementing the Act ("Alternatives") and (ii) facilitate contacts with other agencies within the Kings Basin. -1- 2.Implementation of Alternatives.The Parties intend that this MOU is to govern theirjoint activities while they are exploring, studying,evaluating and developing Alternatives. The Parties shall regularly confer on Alternatives,and nothing in this MOU is intended to restrict the range of Alternatives that may be discussed or pursued by the Parties.If any or all of the Parties identify an Alternative they wish to jointly implement,they shall develop the appropriate agreement(s)governing such Alternative.Such agreement(s),and not this MOU,shall govern implementation of an Alternative to be pursued jointly by any of the Parties.No Alternative identified by the Parties shall be undertaken until they have complied with all applicable environmental laws,including without limitation the California Environmental Quality Act and any other applicable Federal or state law. 3.Outreach to Other Agencies.In recognition of the importance of involving all interested agencies in the Lower Kings Basin that are qualified to be groundwater sustainability agencies under the Act,as an initial activity under this MOU,the Parties shall develop and implement an outreach plan pursuant to which the Parties will contact other agencies within their respective boundaries that may become groundwater sustainability agencies and adopt groundwater sustainability plans under the Act to invite their participation in this MOU and activities undertaken in connection herewith. 4.Governance and Administration.Coordination of activities under this MOU will be conducted by a committee comprised of one representative from each of the Parties. Each member of the committee shall be designated in writing by the Party selecting such member, which may also appoint an alternate to participate in the absence or unavailability of the committee member.KRCD shall serve as the administrative agent to prepare and post meeting notices,agendas and perform other administrative tasks as directed. As a part of their cooperativeefforts under this MOU, the Parties shall discuss and explore the formation of a new joint powersauthority or similar arrangement to develop and implement a single groundwater sustainabilityplan for some or all of the Lower Kings Basin. Without limiting the range of issues associated with formation of such a joint powers authority or similar arrangement to be considered by the Parties, they shall evaluate whetheragencies overlyingthe Lower KingsBasin contactedpursuantto Section 3 of this MOUbut which have notjoined in this MOU shouldbe invitedto participate in such joint powers authority or similar arrangement. 5. No Obligation.None of the Parties is obligated to pursue any Alternative it does not believe, in its sole and absolute discretion,to be in such Party's best interests. 6. Costs. Each Party shall bear all costs it incurs with respect to its activities under this MOU,includingwithout limitation costs relativeto Alternativesin which it wishesto participate prior to implementation.Costs incurred in connection with this MOU for thejoint benefit ofallPartiesshallbe borneequallyby the Parties,with KRCD actingas fiscal agentfor such expenses.The other Parties shall promptly contribute their respective shares of any such costs upon receipt ofa request from KRCD together with an accounting thereof. 7.Staff EachParty shall designate a principal contactpersonforthat Party,who may be changed from time to time,and such other appropriate staff members and consultants to -2- participate onsuchParty's behalfin activities undertaken pursuant tothis MOU.The principal contact personforeachPartyshallbe responsible for coordinating meetingsandother activities under thisMOUwiththe principal contactpersonfortheother Parties.Meetingsshalloccuras the principal contacts determine are necessary,andeachPartyshallmakeits expertise and resources reasonably available for activities under this MOU. 8. Other Alternatives.Nothinginthis MOUshallprecludeany Party from pursuing implementation of the Act on its own or with third parties. Further, while the Parties intend to diligentlyexplore Alternatives in which all of them participate, nothing in this MOU shall preclude any of the Parties from pursuing Alternatives with less than all of the other Parties. 9.Ongoing Cooperation.The Parties acknowledge that activities under this MOU will requirethe frequent interaction between them in order to exploit opportunities and resolve issues that arise. The Parties shall work cooperatively and in good faith. The goal of the Parties shall be to preserve flexibility with respect to the implementation of each Alternative to maximize the mutual benefits of that Alternative to the Parties.Notwithstanding the foregoing, nothing in this MOU shall be interpreted so as to require the Parties to jointly implement any Alternatives,and each Party reserves the unrestricted authority and right to determine whether it wishes to implement any Alternatives with the other Parties. 10.Confidentiality.The Parties acknowledge that,in connection with their mutual activities under this MOU,each of them may share sensitive and/or confidential information with the other Parties. To the fullest extent permitted by law,each of the Parties shall maintain any information,documents or materials shared by the other Parties or mutually developed pursuant to this MOU in confidence and shall not voluntarily provide or reveal such information, documents or materials to any third party.If any Party receives a request or order from a third party that the receiving Party believes requires it to disclose any such information, documents or materials, the receiving Party shall (i)immediately so notify the other Parties and provide them with a copy of such request or order, (ii) defer any disclosure of such information, documents or materials for as long as legally permitted and (iii) cooperate with any other Party that wishes to pursue anorderpreventingthe disclosure of such information,documents or materials. 11.Notices. Any formal notice or other formal communication given under the terms of thisMOUshall be in writing and shall be givenpersonally,by facsimileor by certifiedmail, postage prepaid and return receipt requested.Any notice shall be delivered or addressed tothe parties atthe addresses or facsimile numbers set forth below orat such other address or facsimile numbers asshallbedesignatedby noticein writingin accordance withthetermsofthis Agreement.The date of receipt ofthe notice shall bethe date of actual personal service or confirmedfacsimile transmission, or three days after the postmark on certified mail. If notice istobe given tothe Burrel Ditch Company,it shall be given atthe following address and facsimile number: Burrel Ditch Company Attn:Board President 3899 W.Davis Avenue -3- Riverdale,CA 93656 Facsimile No.:559-867-4729 If notice is to be given to the Clark's Fork Reclamation District, it shall be given at the following address and facsimile number: Clark's Fork Reclamation District Attn: Facsimile No.: If notice is to be given to the Crescent Canal Company,it shall be given at the following address and facsimile number: Crescent Canal Company Attn: Facsimile No.: If notice is to be given to the County of Fresno,it shall be given at the following address and facsimile number: County of Fresno Attn:Director of Public Works and Planning 2220 Tulare Street,6th floor Fresno,CA 93721 Facsimile No.:(559)600-4548 If notice is to be given to the Fresno Slough Water District, it shall be given at the following address and facsimile number: Fresno Slough Water District Attn: Facsimile No. If notice istobe given to the James Irrigation District,it shall be given atthe following address and facsimile number: James Irrigation District Attn: -4- Facsimile No. If notice isto begivento the Kings River Conservation District,itshallbegivenatthe following address and facsimile number: Kings River Conservation District Attn:General Manager 4886 East Jensen Avenue Fresno,CA 93725 Facsimile No.:559-237-5567 If notice is given to the Laguna Irrigation District, it shall be given at the following address and facsimile number: Laguna Irrigation District Attn:Scott Sills 5065 19 V2 Avenue Riverdale,CA 93656 Facsimile No.:559-867-3062 If notice is given to the Liberty Canal Company,it shall be given at the following address and facsimile number: Liberty Canal Company Attn:Board President PO Box 223 Riverdale,CA 93656 Facsimile No.:559-867-3123 If notice is given to the Liberty Mill Race Company, it shall be given at the following address and facsimile number: Liberty Mill Race Company Attn:Board President PO Box 126 Riverdale,CA 93656 Facsimile No.:559-866-3706 If noticeis to be givento the Liberty Water District, it shall be given at the followingaddressand facsimile number: Liberty Water District Attn:Secretary/Treasurer 286 W.Cromwell Ave. Fresno,CA 93711 -5- Facsimile No.:559-449-2715 If notice is to be given to the Raisin City Water District,it shall be given at the following address and facsimile number: Raisin City Water District Attn:President 1100W.Shaw,Suite 148 Facsimile No.:559-229-4720 If notice istobe given tothe Reclamation District #1606,it shall be given atthe following address and facsimile number: Reclamation District #1606 Attn: Facsimile No.: If notice isto begivento theRaisinCity Water District,it shallbegivenat the following address and facsimile number: Reed Ditch Company Attn: Facsimile No.: If noticeis givento the Riverdale IrrigationDistrict, it shall be given at the followingaddress and facsimile number: Riverdale Irrigation District Attn:President P.O.Box 683 Riverdale,CA 93656 Facsimile No.:559-867-3123 If notice is given to the Stinson Canal &Irrigation Co. it shall be given at the following address and facsimile number: Stinson Canal &Irrigation Co. Attn: Jerry Gragnani,President 1100 W.Shaw Avenue,Suite 148 Fresno,California 93711 Facsimile No.:559-229-4720 -6- If notice is given tothe Stinson Water District,it shall be given atthe following address and facsimile number: Stinson Water District Attn:Jerry Gragnani,President 1100 W.Shaw Avenue,Suite 148 Fresno,California 93711 Facsimile No.:559-229-4720 If notice is givento theUpperSanJose Water Company it shallbegivenat the following address and facsimile number: Upper San Jose Water Company Attn:Bill Stone,Mike Nordstrom 222 W.Lacey Blvd Hanford,CA 93230 Facsimile No.:559-584-3132 12. Entire Agreement.This MOU incorporates the entire and exclusive agreement of the Parties with respect to the matters described herein and supersedes all prior negotiations and agreements (written,oral or otherwise)related thereto.This MOU may be amended (including without limitation to add new Parties)only in a writing executed by all of the Parties. 13.Termination.This MOU shall remain in effect unless terminated by the mutual written consent of the Parties,or upon 30 days written notice of termination delivered by one Party to the others that is not withdrawn prior to the specified termination date;provided,that upon termination by one Party, the remaining Parties may by mutual written agreement continue this MOU in effect as between the non-terminating Parties.No Party shall be liable to any other if it elects to terminate this MOU. 14.Severability.Should any provision of this MOU be determined by a court of competent jurisdiction to be void, in excess of a Party's authority, or otherwise unenforceable, the validity of the remaining provisions of this MOU shall not be affected thereby. 15.Assignment.No rights and duties of any of the Parties under this MOU may be assigned or delegated withoutthe expresspriorwrittenconsentof all of the other Parties,and any attempt to assignor delegatesuchrightsor dutieswithoutsuchconsentshallbe nulland void. Signatures on next page -7- IN WITNESS WHEREOF, the parties have executed this MOU as of the date first above written. County of Fresno By:~~~Q~. ~-v~ Deborah A. Poochigian, Chai Board of Supervisors Approved as to Legal Form: Daniel Cederborg Fresno County Counsel By: &/t.k l:J.u..c/.. r -7 T Approved as to Accounting Form Vicki Crow, C.P.A. Auditor Controllerffreasure-Tax Collector By: -~....JoLI-=} ~"'--· L'--·---=C/_~L_~-v __ _ Attest: Bernice E. Seidel Clerk to the Board of Supervisors -8- BURREL DITCH COMPANY By:. John Maddox,President CRESCENT CANAL COMPANY By: CLARK'S FORK RECLAMATION DISTRICT By:. UPPER SAN JOSE WATER COMPANY By:. FRESNO SLOUGH WATER DISTRICT JAMES IRRIGATION DISTRICT By: KINGS RIVER CONSERVATION DISTRICT By:. David L.Orth,General Manager LIBERTY CANAL COMPANY By:. LIBERTY WATER DISTRICT By:. Tony Campos,President By:. LAGUNA IRRIGATION DISTRICT By:. LIBERTY MILL RACE COMPANY By:. John Maddox,President RAISIN CITY WATER DISTRICT By: R. G.Gunlund,President RECLAMATION DISTRICT #1606 REED DITCH COMPANY By: RIVERDALE IRRIGATON DISTRICT By: STINSON WATER DISTRICT By:. Jerry Gragnani,President By:. STINSON CANAL &IRRIGATION COMPANY By:. Jerry Gragnani,President •10-