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r / r Resolution No. 1.7-051
RESOLUTION TO ADVANCE IMPLEMENTATION OF THE SUSTAINABLE
GROUNDWATER MANAGEMENT ACTT IN THE WY'ANDOTTE CREEK SUBBASIN
WHEREAS, the Sustainable Groundwater Management Act of 2014 went into effect on January 1, 20,15; and
WHEREAS, the Sustainable Groundwater Management Act of 2014 enables the State Water Resources Control
Board to intervene in groundwater basins unless a local public agency or combination of local public agencies form a
Groundwater Sustainability Agency or Agencies(GSA) by June 30, 2017 (Water Code §10735); and
WHEREAS, retaining local jurisdiction over water management and land use is essential to sustainably manage
groundwater and to the vitality of Butte County's economy, communities,and environment; and
WHEREAS, any local public agency that has water supply, water management, or land use responsibilities within
a subbasin may elect to be a Groundwater Sustainability Agency(Water Code §10721 and §10723(a)); and
WHEREAS, counties are presumed to be the Groundwater Sustainability Agency for areas within a basin that are
not within the management area of another Groundwater Sustainability Agency(Water Code §1.0724); and
WHEREAS, Butte County is eligible and presumed to be a Groundwater Sustainability Agency for the portions of
the Vinay West Butte, East Butte, and Wyandotte Creek (formally North Yuba) subbasins in Butte County; and
WHEREAS,on October 13, 2015,after holding a public hearing and publication of notice pursuant to Government
Code section 6066, the Butte County Board of Supervisors adopted Resolution No. 15-145, electing to become a GSA for
all portions of Butte County that overlie the Vina,West Butte, East Butte, and Wyandotte Creek(formally the North Yuba)
subbasins; and
WHEREAS, on January 5, 2016, the City of Oroville held) a public hearing to determine whether to become a GSA
and on January 5, 2016, the City of Oroville adopted a Resolution No. 8452, electing to become a. GSA in the Wyandotte
Creek subbasin; and
WHEREAS, on January 7, 2016, the South Feather Water and Power Agency held a public hearing to determine
whether to become a GSA and on January 7, 2016,the South Feather Water and Power Agency adopted a Resolution No.
16-01-01, electing to become a GSA in the Wyandotte Creek subbasin; and
WHEREAS, on January 1, 2016, legislation known as Senate Bill 13 took effect which among other things requires
that if the proposed GSA management areas of two or more entities overlap,them none of the entities would be recognized
as GSAs until the overlap was resolved or eliminated (Water Code §10723.8(c)); and
WHEREAS, the Butte County GSA areas submitted through Resolution No. 15-146 overlap the GSA areas of the
City of Oroville and the South Feather Water and Power Agency and has prevented the establishment of GSAs as required
by SGMA; and
WHEREAS, fa0ingto eliminate the GSA overlaps and establish GSAs bvJune 3O, 2Ul7will subject the respective
basin to Stabs Water Resources Control Board intervention that will result in the imposition of fees and the loss of local
land use and water management authority; and
WHEREAS, pursuant Water Code §18723.8/c)�, entities whose proposed GSA management areas overlap may
modify their proposed management areas inorder to eliminate overlaps, and such modification does not require anew
Notice of Intent unless the modification would effect "material change" to the previously submitted Notice of Intent;
amd
WHEREAS, Butte County, the City of OroviUe, and the South Feather Water and Power Agency support a
cooperative and ongming working relationship that will allow compliance with SGMA through eliminating GSA boundary
overlaps and establish multi-GSA partnerships; and
WHEREAS, the South Feather Water and Power Agency elects to resolve the overlap by withdrawing their
application tobeaGSA; and
WHEREAS, the South Feather Water and Power Agency can continue participation and support ofSGK44
compliance efforts in the Wyandotte Creek subbasin through a partnership with Butte County and the City of Oroville;and
WHEREAS, Butte County can resolve the overlap with the City of Oroville by modifying its GSA notice with a revised
GSA map which reflects that the Butte County GSA area will be the portions of the Wyandotte Creek subbasin not covered
bythe City ufDrmviNe; and
WHEREAS, Butte County and the City of Oroville can advance SGMA compliance for the Wyandotte Creek subbasin
by entering into partnership; and
WHEREAS,the GSA filing modifications and actions proposed herein would resolve the overlaps in the Wyandotte
Creek subbasin and do not involve a material change requiring a new notice of intent.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Butte hereb�v modifies its
proposed GSA management areas in the Wyandotte Creek(5-21.60) subbasin as depicted in the maps attached as Exhibit
A; and
BE [TFURTHER RESOLVED that the Board of Supervisors of the County of Butte supports advancing the planning
poaceso ofSGMA in the Wyandotte Creek subbasin by entering into a memorandum ofunderstanding with the City of
OrovU|e and the South Feather Water and Power Agency; and
BE IT FURTHER RESOLVED that theButteComntyDepartrnen1ofVVateramdResource [onservationlsauthor|zed
to submit a modified GSA boundary and other related documents for the Wyandotte Creek subblasin.
PASSED AND ADOPTED by the Butte County Board ofSupervisors this 28,» day of March, 2017 by the 6m|imvving
vote:
AYES: Supervisors Wahl, Kirk, Lambert,Teeter, and Chair Connelly
NOES: None
4BSENT: Nome
NOT VOTING: None
Butte County CountyBoard VfSupervisors
ATTEST:
PAUL HAH0, Chief Administrative Officer
and CII
Exhibit A:
Wyandotte Creek. S>rubbasin.
Groundwater Sustainability Agency Areas
SustamabMty Agencies
X—tv of O o iflhai,
yew Itt3'ul*in 118 Subbasin WYANOOTTE CREEK
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BCWR-iWLamch 2017