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5.
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| TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE |
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| Information |
| Referral History: |
| The Committee received a report on the County's participation in the development of a Groundwater Sustainability Agency and a Groundwater Sustainability Plan within the Tracy Subbasin to comply with the Sustainable Groundwater Management Act in March of 2016. |
| Referral Update: |
In September 2014, the California Legislature enacted the Sustainable Groundwater Management Act of 2014 (SGMA), which established a statewide framework for the sustainable management of groundwater resources. That framework focuses on granting new authorities and responsibility to local agencies while holding those agencies accountable. The framework also provides for state intervention where a local agency fails to develop a groundwater sustainability plan in a timely manner.
SGMA requires all high-priority and medium-priority groundwater basins, as designated by the California Department of Water Resources (DWR), be managed by a Groundwater Sustainability Agency (GSA). 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. A combination of local public agencies may form a GSA by way of Joint Exercise of Powers Agreement, a Memorandum of Understanding, or other legal document. (Wat. Code, §§ 10723(a), 10723.6.) SGMA provides that if no public agency becomes the GSA for a portion of the underlying basin, the County becomes the GSA by default unless it takes action to decline the responsibility in which case the State would regulate.
The Tracy Subbasin is referred to as DWR Basin 5-22.15, San Joaquin Valley and is shown on Exhibit A of Attachment 1. The Tracy Subbasin is located in eastern Contra Costa County, as well as San Joaquin County and Alameda County, and is a medium-priority groundwater basin.
SGMA sets deadlines for the formation of GSAs and the adoption of Groundwater Sustainably Plan (GSPs) which, if not met, will allow the State to intervene. By June 30, 2017, all high-priority or medium-priority groundwater basins are required to have a single GSA or multiple GSAs that cover the entire basin. All high-priority or medium-priority groundwater basins must adopt a single GSP or a coordinated set of GSPs by January 31, 2022.
On April 12, 2016, the Board declared its intent to become a member of a Groundwater Sustainability Agency (GSA) for the portion of the Tracy Subbasin within Contra Costa County (CCC) and sustainably manage groundwater resources within the County in compliance of the SGMA.
The Board’s decision in April 2016 contemplated a single GSA collectively managed by the County, Cities of Antioch and Brentwood, Byron-Bethany Irrigation District, Contra Costa Water District, Diablo Water District, East Contra Costa Irrigation District and the Discovery Bay Community Services District. However, as interagency discussions continued it was determined that the creation of individual GSAs coordinated through a memorandum of understanding was more appropriate initially in order to avoid creating a new legal entity before a GSP had even been drafted. During development of the GSP the parties will revisit the governance structure.
The East County entities have prepared a draft Memorandum of Understanding (MOU) for the development of a single Groundwater Sustainability Plan, Attachment 1, with the intent that each GSA will adopt the same GSP. The purpose of this MOU is to coordinate the above entities activities related to each party becoming a GSA, development of the GSP for the Tracy Subbasin within CCC and each entity’s future consideration of whether to adopt the GSP. The MOU provides that the ultimate governance structure will be reassessed during development of the GSP. The GSAs in the portion of the Tracy Subbasin within Contra Costa County are shown on Exhibit B of Attachment 1.
From the start, the County preferred to collaborate in an effort to ensure sustainable groundwater management, manage the groundwater basin as efficiently as practicable balancing financial resources, while retaining the County’s existing land use and groundwater management authority. The MOU accomplishes these goals for the period during which the GSP is prepared. The MOU states the GSP will be drafted in a manner that preserves land use authority of each city or county, or the statutory authority of each special district. It also states the GSP must include provisions for consultation between a GSA and any public agency that the GSA overlaps before the GSA takes any action that may relate to the public agency’s exercise of its statutory authority. |
| Recommendation(s)/Next Step(s): |
| DISCUSS report on the formation of a Contra Costa County Groundwater Sustainability Agency to undertake sustainable groundwater management in the portion of the Tracy Subbasin within Contra Costa County and CONSIDER recommending the Board conduct a public hearing on April 25, 2017 to consider Contra Costa County's decision to become a Groundwater Sustainability Agency for a portion of the Tracy Subbasin within Contra Costa County excluding the areas of the Cities of Antioch and Brentwood, Byron Bethany Irrigation District, Diablo Water District, Discovery Bay Community Services District and East Contra Costa Irrigation District and AUTHORIZE the Conservation and Development Director, or designee, to execute the Memorandum of Understanding and enter into an agreement with East Contra Costa County member agencies that will develop a Groundwater Sustainability Plan for the portion of the Tracy Subbasin within Contra Costa County. |
| Fiscal Impact (if any): |
| To date, the Department of Conservation and Development has prepared the maps for the cooperating entities use and the Contra Costa County Water Agency has participated in the preparation of the MOU, prepared staff reports and supporting materials for the Board's consideration in this matter. The outside technical/consultant costs associated with developing the Groundwater Sustainability Plan will be shared equally among the eight parties. However, the County, at its sole discretion, may satisfy its share of GSP costs by providing in-kind services, which may include additional mapping, graphics, and database management services. Other Departments have regulatory authority and/or expertise relevant to the issue, have been involved to date, will likely be involved in the future (e.g. Environmental Health Division) and their involvement may contribute to the County's in-kind services. All in-kind services will be accomplished through existing staff resources and no augmentation to current budget levels is anticipated. |
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