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Resolution No. 1 -033
RESOLUTION TO ESTABLISH THE BUTTE COUNTY GROUNDWATER SUSTAINABILITY AGENCY
IN THE WEST BUTTE SU'BBASIN
WHEREAS,the Sustainable Groundwater Management Act (SGMA) of 2014 went into effect on January 1,
2015;. a n d
WHEREAS, SGMA 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('Nater Code §14721 and §10723(a)); and
WHEREAS, counties are presumed to be the Groundwater Sustainability Agency for areas within a basin
that is not within the management area of another Groundwater Sustainability Agency (Water Code §10724); and
WHEREAS, Butte County is eligible and presumed to be a Groundwater Sustainability Agency for the
portions of the Vina, West Butte, East Butte, and Wyandotte Creek (formally North Yuba) subbasins in Butte County
not managed by another agency; 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. 1 -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 November 17, 2015,. Chico held a public hearing to determine whether to become a GSA and
on November 17, 2015, Chico adopted Resolution No. 63-15, electing to become a GSA; and
WHEREAS, on June 16, 2415, Colusa County held a public hearing to determine whether to become a GSA
and on June 16, 2015, Colusa County adopted Resolution 15-026, electing to become a GSA; and
WHEREAS, on July 7, 2015, Glenn County held a public hearing to determine whether to become a GSA and
on July 7, 2015, Glenn County adopted Resolution 2.015-48, electing to become a GSA; and
WHEREAS, on September 15, 2015, Western Canal Water District held a public hearing to determine
whether to become a GSA and on September 15, 2015, Western Canal Water District adopted Resolution 2015-05,
electing to become a GSA; and
WHEREAS,on June 16, 2015, Reclamation District 1004 held a public hearing to determine whether to
become a GSA and on July 2, 2015, Reclamation District 1004 adopted Resolution 15-026, electing to become a
GSA; and
WHEREAS,on October 6, 2016, Durham Irrigation District held a public hearing to determine whether to
become a GSA and on October 25, 2016, Durham Irrigation District adopted Resolution 16-001, electing to become
a GSA; and
WHEREAS,on June 16, 2015, Reclamation District 2106 held public hearings on January 18 and 19, 2017 to
determine whether to become a GSA and on February 1, 2017, Reclamation District 2106 adopted Resolution 2016-
001, electing to become a GSA; 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,then none of the entities
would be recognized as GSRs until the overlap was resolved or eliminated (Water Code §10723.8(c)); and
WHEREAS,the Butte County GSA area submitted through Resolution No. 15-146 overlap the GSA areas of
the City of Chico, Reclamation District 2106, Durham Irrigation District, and Western Canal Water District and has
prevented the establishment of GSAs as required by SGMA; and
WHEREAS,failing to eliminate the GSA overlaps and establish GSAs by June 30, 2017 will subject the
respective basin to State 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 §10723.8(c), entities whose proposed GSA management areas overlap
may modify their proposed management areas in order to eliminate overlaps, and such modification does not
require a new notice of intent unless the modification would effect a "material change" to the previously
submitted notice of intent; and
WHEREAS, Butte County, the City of Chico, Glenn County, Colusa County, Reclamation District 2106,
Reclamation District 1004, and Durham Irrigation District support a cooperative and ongoing working relationship
that will allow compliance with SGMA through eliminating GSA boundary overlaps and establish multi-GSA
partnerships; and
WHEREAS, Butte County can resolve the overlap with the City of Chico, Reclamation District 2106, Durham
Irrigation District, and Western Canal Water District by modifying its GSA notice with a revised GSA map which
reflects that the Butte County GSA area will be the portions of the West Butte subbasin not covered by the City of
Chico, Reclamation District 2106, Durham Irrigation District, and Western Canal Water District; and
WHEREAS,the modified GSA filing would resolve the overlaps in the West Butte subbasin and does not
involve a material change requiring a new notice of intent; and
WHEREAS, Butte County, Colusa County, Glenn County, the City of Chico, Reclamation District 2106,
Durham Irrigation District, and Reclamation District 1004 intend to advance SGMA compliance for the West Butte
subbasin through cooperation and partnership.
NOW,THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Butte hereby modifies
its proposed GSA management areas in the West Butte (5-21.58) subbasin as depicted in the map attached as
Exhibit A; and
BE IT FURTHER RESOLVED that the Butte County Department of Water and Resource Conservation is
authorized to submit a modified GSA boundary and other related documents for the West Butte subbasin.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 23,d day of May, 2017 by the
following vote:
AYES: Supervisors Wahl, Lambert,Teeter, and Chair Connelly
NOES: None
ABSENT: Supervisor Kirk
NOT VOTING: None
Bill Connelly, Chair
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
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