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C. 59

To:	Board of Supervisors
From:	TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Date:	December 13, 2016

Contra

Costa

County

Subject:

Memorandum of Understanding Designating Zone 7 as the Local Groundwater Sustainability Agency

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/13/2016

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Ryan Hernandez, (925) 674-7824
cc:	John Kopchik, DCD Maureen Toms, DCD Stephen Siptroth

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 13, 2016
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Conservation and Development Director, 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:

None to the General Fund. To date, the Water Agency has absorbed the costs to review the MOU, meet with County departments and coordinate the County's response with Zone 7. The MOU does not require the County take on any new specific responsibility related to the Sustainable Groundwater Management Act but any future plans related to groundwater sustainability will likely require the review of the Department of Conservation and Development (land use authority) and Environmental Health (well permitting authority) for consistency with the County's existing authority.

BACKGROUND:

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.

The Transportation, Water and Infrastructure Committee recommends the Board designate Zone 7 the local Groundwater Sustainability Agency for the portion of the Livermore Valley basin that lies within Contra Costa County and directed staff to provide an update to the Committee on the sustainable management of the LV basin every two years.

CONSEQUENCE OF NEGATIVE ACTION:

Absent Zone 7 becoming the Groundwater Sustainability Agency, the County may be found in violation of the Sustainable Groundwater Management Act.