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    7.    
TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Meeting Date: 11/10/2016  
Subject:    RECOMMEND Board of Supervisors AUTHORIZE Director of DCD, or designee, to execute MOU designation of Zone 7 as local Groundwater Sustainability Agency
Submitted For: John Kopchik, Director, Conservation & Development Department
Department: Conservation & Development  
Referral No.: 5  
Referral Name: Review issues associated with the health of the San Fransico Bay and Delta...water quality, supply and reliability...as it relates to groundwater.
Presenter: Ryan Hernandez, Water Agency-DCD Contact: Ryan Hernandez (925)674-7824

Information
Referral History:
In March 2016, the Committee received a report on the formation of a Groundwater Sustainability Agency (GSA) to undertake sustainable groundwater management and consideration of County membership for the Tracy subbasin in East Contra Costa County. The report identified two other medium-priority groundwater basins within the County that requires formation of a GSA. The following report focuses on the Livermore Valley groundwater basin located in south-central portion of the County.
Referral Update:
The Sustainable Groundwater Management Act (SGMA) became effective on January 1, 2015. SGMA requires all high- and medium-priority basins, as designated by the California Department of Water Resources (DWR), be managed by a Groundwater Sustainability Agency (GSA). SGMA stipulates that a GSA be established for priority basins prior to July 1, 2017. As reported in March, a local public agency, or combination of local public agencies overlying a designated basin, may become a GSA if the agency(ies) has(ve) water supply, water management or land use responsibilities within a groundwater basin.

The Livermore Valley (LV) basin, referred to by DWR in Bulletin 118 as the "Livermore-Amador Valley Groundwater Basin, Number 2-10", is a medium-priority groundwater basin. The majority of the LV basin underlies Alameda County with a small portion of the basin extending into Contra Costa County, see Attachment 1 & 2. SGMA designates Zone 7 of the Alameda County Flood Control and Water Conservation District (Zone 7) as the GSA for the portion of the LV basin within Alameda County. Zone 7 currently manages the LV basin under a Groundwater Management Plan, which was adopted in 2005.

The Contra Costa County portion of the LV basin underlies the jurisdictions of the County, City of San Ramon, Contra Costa County Water Agency, East Bay Municipal Utility District (EBMUD) and the Dublin San Ramon Services District (DSRSD). Zone 7 proposes to serve as the GSA for the portion of the LV basin within Contra Costa County; but to do so must enter into an agreement with the parties that currently have water supply/management or land use jurisdiction.

To that end, Zone 7 has prepared a draft Memorandum of Understanding (MOU), see Attachment 3, designating them as the Groundwater Sustainability Agency for the remaining portion of the LV basin in Contra Costa County. The MOU delegates “…all functions, powers, duties, and authority of a GSA conferred by SGMA.”

Notwithstanding the MOU, the County maintains its well permitting and land use authority and EBMUD, DSRSD and the City of San Ramon also maintain their existing authorities as it relates to providing water service and land use. The MOU does not require the County to take on any new specific responsibilities related to SGMA for the LV basin and includes a provision that allows any party to terminate the agreement at any time.

To date, all parties other than the County have received their Boards approval to execute the MOU. County Counsel, Environmental Health Division of Health Services, the Department of Conservation and Development, and the Contra Costa County Water Agency were consulted prior to the preparation of this report.
Recommendation(s)/Next Step(s):
RECOMMEND the Board of Supervisors AUTHORIZE the Director of the Department of Conservation and Development, or designee, to execute the Memorandum of Understanding designating Zone 7 of the Alameda County Flood Control and Water Conservation District as the local Groundwater Sustainability Agency under the Sustainable Groundwater Management Act for the portion of the Livermore-Amador Valley Groundwater Basin (No. 2-10) that lies within Contra Costa County.
Fiscal Impact (if any):
Thus far, costs to Contra Costa County Water Agency consists of staff time to prepare materials for completion of this report, correspondence with Zone 7, and review of the MOU by County departments.
Attachments
27594_LV Basin 2-10 -Attachment 1
LV Basin 2-10 -Attachment 2
27594_LV Basin 2-10 -MOU - Attachment 3

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