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6.
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| TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE |
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| Information |
| Referral History: |
This report is in fulfillment of the TWIC referral to monitor compliance of the Sustainable Groundwater Management Act (SGMA).
In 2014, a legislative package, referred to as the Sustainable Groundwater Management Act (SGMA), created a fundamental change in the governance of California’s groundwater. SGMA required the formation of groundwater sustainability agencies (GSAs) for over 140 groundwater basins, including the East Contra Costa (ECC) Subbasin. Signed into law by Governor Jerry Brown, and effective January 1, 2015, SGMA set forth a long-term, statewide framework to protect groundwater resources. Under the new law, the seven ECC GSAs, each charged with the development and implementation of a groundwater sustainability plan (GSP), were formed within the ECC Subbasin (Subbasin).
The purpose and intent of the SGMA mandate is for groundwater to be managed by local public agencies (GSAs) to ensure a groundwater basin is operated within its sustainable yield through the development and implementation of a GSP. The GSAs, along with partners, worked collaboratively to prepare a single GSP for the ECC Subbasin in accordance with the codified principle that sustainable groundwater management is best achieved locally. The Subbasin boundary and GSA areas are shown in Exhibit “A”.
The East Contra Costa Groundwater Subbasin is a medium priority basin, (Basin 5-22.19, San Joaquin Valley) and is located entirely within Contra Costa County. The seven GSAs listed below, and the Contra Costa Water District make up the “Working Group” and overly all portions of the ECC Subbasin.
- City of Antioch
- City of Brentwood
- Byron Bethany Irrigation District
- Contra Costa County
- Diablo Water District
- Discovery Bay Community Services District
- East Contra Costa Irrigation District
It is worth noting the original boundary of the Tracy Groundwater Subbasin included the jurisdiction of multiple cities and the counties of Contra Costa and San Joaquin. To streamline the development of the required GSP, the GSAs in Contra Costa and San Joaquin Counties, on September 6, 2018, applied to the State to divide the Tracy Subbasin along the border of Contra Costa and San Joaquin Counties. On February 11, 2019, the California Department of Water Resources (DWR) approved dividing the Tracy Subbasin into two subbasins (e.g., East Contra Costa Subbasin and the new Tracy Subbasin) thereby creating a separate groundwater basin entirely within Contra Costa County.
Contra Costa County is a Groundwater Sustainability Agency (GSA) and overlies a portion of the East Contra Costa Groundwater Subbasin. The Working Group have prepared a final Groundwater Sustainability Plan dated October 15, 2021, attached Exhibit “B” to be considered for adoption by the Board of Supervisors; and if adopted, submitted to the DWR by January 31, 2022.
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| Referral Update: |
Groundwater conditions in the ECC Subbasin are favorable and reflect stability over the past 30 years or more. Using various analogies, the Subbasin can be described as generally full through various water-year types, including drought, and is in good “health.” The favorable conditions are in part due to surface water availability that represents the largest source of supply for municipal and agricultural uses in the Subbasin.
The sustainability goal for this GSP establishes the protection of all beneficial uses and users of groundwater in the ECC Subbasin. The GSAs represent and are responsible to the needs and values of all water users present in the Subbasin including urban and rural residents, farmers, various commercial industries, and environmental users all of which rely on groundwater to one degree or another. The GSAs have endeavored to reach out and engage these constituencies to ensure that this GSP reflects all concerns over water supply whether quality, quantity, or both.
From residents that rely on a small capacity well providing drinking water in their homes, to small farmers that rely wholly on groundwater for their businesses and livelihoods, and to small water systems serving disadvantaged communities, this GSP recognizes that declining water levels and degradation of water quality as potentially having particularly harmful effects on health and welfare. The GSP also values the unique Delta environment and long history of agricultural activity for which sustainable management is vital to the character and economic diversity of the region.
The GSAs have adopted sustainable management principles that include engagement of all interested parties and stakeholders; protection of potentially underrepresented communities; recognition and prioritization of environmental justice and groundwater dependent ecosystems; and continuation of cooperative water resources management to ensure that all activities needed to maintain sustainability are identified, funded, and implemented.
Using the best available data and a robust water budget model, the ECC Subbasin is projected to be sustainable under various future scenarios including those that incorporate climate change and sea level rise. The attached ECC GSP dated October 15, 2021, refer to Exhibit B provides a comprehensive analyses on these findings.
Additionally, the development of the ECC GSP was a collaborative effort among the ECC GSP Working Group (seven GSAs and CCWD), technical consultants, community members, and stakeholders. The Working Group conducted over 40 meetings, from 2018 to 2021. GSP documents are posted to a publicly accessible website. Working Group meeting notes, surveys, newspaper notices, and direct email outreach were used to keep the public informed of the GSP development and provide opportunities for public input.
The Working Group members also provided regular updates through individual agency public meetings and websites. Notice of opportunities to provide input were announced on the Department of Conservation and Development’s (DCD) webpage, the Contra Costa County Water Agency webpage and also provided through DCDs social media. Supervisor Burgis’ weekly emailed newsletter was also used to inform the public. Additionally, three recorded public workshops, held between July 2020 and September 2021, were used to inform and engage beneficial users of groundwater in the ECC Subbasin and discuss each section of the GSP.
There are three Municipal Advisory Council’s (Council) in the unincorporated County within the ECC groundwater basin, Bethel Island, Byron and Knightsen. Each Council meets regularly to advise the County Board of Supervisors on discretionary land use projects, among other things. The County GSA emailed the complete draft GSP to individual members of each Council and gave a presentation on the findings of the draft GSP on the following dates:
- Knightsen Town Advisory Council-September 14, 2021
- Byron Municipal Advisory Council-September 28, 2021
- Bethel Island Municipal Advisory Council-October 12, 2021
Public comments received on the draft GSP have been reviewed by the Working Group and, where appropriate, changes are incorporated into the final GSP.
To date, the Discovery Bay Community Services District and the Diablo Water District Boards have adopted the ECC GSP on October 20, 2021, and October 27, 2021, respectively. It’s anticipated that the remaining GSAs and CCWD will adopt the ECC GSP prior to the end of the calendar year.
Later this year or early 2022, a new or revised Memorandum of Understanding (MOU) will be presented to the Board. The MOU will contain the framework for continued work with fellow local GSAs on mandatory annual reports, expanding the groundwater monitoring well network, and establishing funding requirements for preparation of the required five-year comprehensive review of the ECC GSP.
Exhibit B - ECC GSP and Appendices
SGMA Documents & Reports — East Contra Costa County Integrated Regional Water Management (eccc-irwm.org) |
| Recommendation(s)/Next Step(s): |
1) RECEIVE the report on the East Contra Costa Groundwater Sustainability Plan dated October 15, 2021, attached Exhibit “B”; and
2) CONSIDER recommending the Board of Supervisors, as the Groundwater Sustainability Agency for portions of the East Contra Costa Subbasin (DWR Basin 5-22.19), adopt the East Contra Costa Groundwater Sustainability Plan dated October 15, 2021, at a public hearing on December 7, 2021; and
3) AUTHORIZE the Director of Conservation and Development, or designee, to take such actions as may be reasonably necessary to submit the East Contra Costa Groundwater Sustainability Plan, dated October 15, 2021, to DWR by January 31, 2022. |
| Fiscal Impact (if any): |
| Costs to prepare the ECC GSP is divided evenly among the Working Group, also known as the parties to the agreement, except that the County may elect to satisfy some or all of its cost-share obligation through in-kind services performed by County staff, which will be funded by the Water Agency. |
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