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C. 67
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: March  22, 2022
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Second Amended and Restated Memorandum of Understanding to Implement a Groundwater Sustainability Plan

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   03/22/2022
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Ryan Hernandez, 925-655-2919
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:     March  22, 2022
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

1. APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute, on behalf of the County, the Second Amended and Restated Memorandum of Understanding (MOU) with the cities and water agencies in east Contra Costa County regarding administering groundwater management of the East Contra Costa Subbasin, to allow agencies in Contra Costa County to implement the adopted groundwater sustainability plan that is exclusive to the East Contra Costa Subbasin, and take related actions.   
  

  


RECOMMENDATION(S): (CONT'D)
2. DESIGNATE the Director of Conservation and Development, or designee, to be the County's representative for all actions the County performs under the MOU.

FISCAL IMPACT:

No impact to the General Fund. Each Groundwater Sustainability Agency (GSA) is responsible for implementing the Groundwater Sustainability Plan (GSP) within its GSA boundary. Much of that work can be pooled and costs shared. Contra Costa County is asked to pay the one-eighth cost share, rather than in-kind services, for implementing the GSP. The County's share is estimated to be less than $40,000 per year. The County's cost share will be paid for by the County's Water Agency funds. All GSP implementing costs will be accomplished through existing Water Agency funding and no augmentation to the current budget levels is anticipated.

BACKGROUND:

The purpose of the Sustainable Groundwater Management Act 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. In 2017, the Contra Costa County Board of Supervisors became the GSA for portions of East Contra Costa Subbasin and approved an MOU for the development of a GSP.  
  
The East Contra Costa Groundwater Subbasin has been designated by the State of California as a medium priority basin, (Basin 5-22.19, San Joaquin Valley) and is located entirely within Contra Costa County, as shown in Exhibit "A" attached. The seven GSAs listed below, and the Contra Costa Water District, are parties to the existing MOU and developed the GSP.
  • 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
On December 7, 2021, the County Board of Supervisors adopted the Groundwater Sustainability Plan for the East Contra Costa Subbasin, Resolution No. 2021/397. The GSAs listed above have also adopted the GSP. The GSP was then submitted to Department of Water Resources on January 25, 2022.  
  
The existing MOU was specific to the preparation and development of the GSP and is not applicable to the implementation of the adopted GSP. Thus, the parties are proposing to amend the existing MOU to continue to work together on GSP implementation, including community outreach and education, monitoring and data management, and preparation of the mandatory annual reports, (see attached Exhibit "B" the Second Amended and Restated MOU).  
  
The Conservation and Development Director recommends the Board adopt the Second Amended and Restated MOU for the administration and implementation of the adopted Groundwater Sustainability Plan for the East Contra Costa Subbasin.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board does not adopt the Second Amended and Restated MOU, the County would no longer be party to implementing the East Contra Costa Groundwater Sustainability Plan, mandated by the Act, and may have to prepare separate compliance documents, including annual reports, at a cost to be borne solely by the County.

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