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TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE

Meeting Date:	12/11/2017
Subject: RECEIVE Report on Sustainable Groundwater Management in Contra Costa County.
Submitted For:	TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Department:	Conservation & Development
Referral No.:	6
Referral Name:	Sustainable Groundwater Management
Presenter:	Ryan Hernandez, DCD Water Agency	Contact:	Ryan Hernandez (925)674-7824

Information

Referral History:

The Committee received a report on the County's decision to become a Groundwater Sustainability Agency and prepare a Groundwater Sustainability Plan within a portion of the Tracy Subbasin to comply with the Sustainable Groundwater Management Act (SGMA) in April of 2017. This report is in fulfillment of the TWIC referral to monitor compliance of the SGMA.

Referral Update:

On April 25, 2017, the Board adopted Resolution Number 2017/148 declaring Contra Costa County's intent to become a Groundwater Sustainability Agency (GSA) and authorized execution of a Memorandum of Understanding (MOU) with east county entities to prepare a Groundwater Sustainability Plan for the portion of the Tracy Subbasin within Contra Costa County. The east county entities that also are parties to the MOU include the Cities of Antioch and Brentwood, Contra Costa Water District, Diablo Water District, East Contra Costa Irrigation District, and the Discovery Bay Community Services District. The MOU was executed shortly after the Board hearing and became effective on May 9, 2017.

Additionally, the County submitted an application to the Department of Water Resources declaring its decision to become a GSA on May 11, 2017 and 90 days later, on August 10, 2017, Contra Costa County became the exclusive Groundwater Sustainability Agency for a portion of the Tracy Subbasin within east Contra Costa County, as further described in the resolution. The other parties to the MOU also applied and became exclusive GSAs for their portion of the Tracy Subbasin within Contra Costa County, as described in the MOU.

The parties entered into the MOU in order to develop a groundwater sustainability plan (GSP) for the East Contra Costa County Portion of the Tracy Subbasin. The MOU reflects the Parties’ general agreement that the costs of developing the GSP should be split evenly among the Parties. The MOU also generally allowed the County to provide in-kind services to satisfy some or all of its cost-share obligations.

Subsequently, on December 5, 2017, the Board approved the first amendment to the MOU establishing a process, undertaken annually, through which the parties agree on the GSP-preparation services to be performed. The County will determine annually whether it will provide in-kind services. The County will be responsible for paying the other parties true-up payments at the end of the year if the value of its in-kind services is less than what the amount of its cost share would have been. If the value of in-kind services exceeds what the cost-share would have been, the excess is carried over to satisfy next year’s in-kind service contribution. The MOU establishes how the value of County in-kind services will be calculated. In addition, this amendment designates Brentwood as the party that will serve as the contracting Party with the consultant on behalf of all of the other Parties.

The City of Brentwood is preparing a grant application to the State that would cover some of the costs of preparing a Groundwater Sustainability Plan. If awarded, such a grant would reduce local agencies' share of the costs.

Recommendation(s)/Next Step(s):

RECEIVE Report on Sustainable Groundwater Management in Contra Costa County and DIRECT staff as appropriate.

Fiscal Impact (if any):

Costs to prepare the groundwater sustainability plan will be divided evenly among the parties to the MOU, 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.

Attachments
East CC GSA - MOU
First Amendment East CC GSA - MOU