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�f)a Resolution No. 17-170
RESOLUTION) IN SUPPORT OF
THE AGRICULTURAL GROUNDWATER USERS OF BUTTE COUNTY INVOLVEMENT IN,THE
SUSTAINABLE GROUNDWATER MANAGEMENT ACT PROCESS
WHEREAS, the Sustainable Groundwater Management Act of 2014 ("SGMA") provides local agencies
(counties and cities with land-use authority and single and multipurpose special districts with water management
authority) with the directive and authority to manage groundwater locally, with State oversight; and
WHEREAS, high and medium priority groundwater basins must develop and be managed under a
Groundwater Sustainability (Plan (GSP), which must be submitted to the California Department of Water Resources
by January 31, 2022, for the subbasins within Butte County; and
WHEREAS, one of the steps in that process in Butte County is for eligible local agencies in each sub-basin to
determine the make-up of a governance structure in their respective groundwater subbasin. The governance
agencies, known as Groundwater Sustainability Agencies (GSAs), can be a single entity managing an entire basin or
sub-basin or multiple entities; and
WHEREAS, in many counties throughout the Central Valley of California, including Butte County, which are
subject to SGMA with high and medium priority sub-basins, there are tracts of hand known as "white areas," which
are areas within counties that are not within the boundaries of an otherwise eligible local agency; and
WHEREAS, pursuant to SGA, these "white areas" may be covered and regulated by a county, or they may
elect to annex through a Local Agency Formation Commission (LAFCo) process to an eligible local agency with SGMA
authority,or petition LAFCo to form a new eligible local agency under SGMA such as a California Water District(Water
Code Sections 34000 et,al.); and
WHEREAS, Butte County is, located within the Sacramento Valley Basin, and the State has identified four
subbasins within the Sacramento Valley Basin per DWR's Bulletin 11.8, partially located within Butte County: namely
Vina, West Butte, East Butte„ and Wyandotte Creek; and
WHEREAS, Butte County began a collaborative process in 2015. with all eligible local agencies to reach
consensus within the County on principles of GSA formation and future SGMA governance. The goal of this process
is to define a set of working principles that are shared among eligible local agencies and that consistently and
constructively shape SGMA interaction and decision-making; and
WHEREAS, those principles include the following:
1. Maximize value of familiar structures and relationships;
2. Acknowledge all key interests of eligible local agencies;
3. Respect legally recognized rights;
4. Anticipate GSP requirements;
5. Make use of basin boundary adjustments;
6. Comply with SGMA regulations;
7. Identify opportunities to address interests of current non-GSA stakeholders;
8. Distribute costs in an equitable manner as possible;
9. Respect mutual interests in maintaining independent decision-making; and
WHEREAS,the "white areas"of Butte County within the four subbasins are not represented by other eligible
local agencies and will therefore be represented by Butte County unless these areas choose to annex to an eligible
local agency or form a new one; and
WHEREAS, some landowners in Butte County that are within these "white areas" have expressed interest to
Butte County and the Butte LAFCo to explore the formation of a new California Water District to better represent
their interests in the on-going stakeholder process; and
WHEREAS, the Agricultural Groundwater Users of Butte County recognizes and respects the leadership of
Butte County and in its efforts to create a workable and cooperative structure to discuss GSP development and to
identify GSAs among the existing eligible local agencies and eliminate overlap within the four subbasins by June 30,
2017; and
WHEREAS, the Agricultural Groundwater Users of Butte County recognizes and respects the leadership of
Butte County to move forward to complete a comprehensive GSP by January 31, 2022; and
WHEREAS, inherent in this process and timeframe, Butte County will endeavor through the stakeholder
process to develop a governance structure, for SGMA oversight of each of the four subbasins within Butte County
consistent with the nine principles enumerated above; and
WHEREAS, principle number 7 above, recognizes that "private pumpers" in "'white areas" can at any point
now or in the future pursue formation of additional local agencies for purposes of water transfers, delivery, storage
or other uses identified in the enabling legislation and perform such other activities typically performed by water
districts; and
WHEREAS, Butte County recognizes the value of input into the SGMA process by the Agricultural
Groundwater Users of Butte County, which is comprised of a group of landowners who farm in Butte County.
NOW,THEREFORE, BE IT RESOLVED:
1. The County of Butte will continue to work with eligible local agency stakeholders within Butte County
with the collaborative process to identify subbasin GSAs and an ultimate governance structure, and the
Agricultural Groundwater Users of Butte County will openly and earnestly participate and cooperate in
that process as "private pumpers".
2. If, and when, the Agricultural Groundwater Users of Butte County desire to move forward with creation
of anew California Water District or other type or eligible local agency with the dual purpose of: a)SGMA
responsibility, and b) exercising powers and duties as a special district as authorized by the Water Code
for water purveyance and ancillary activities, Butte County will work constructively, cooperatively and
collaboratively with landowners on the formation process of a new eligible local agency for involvement
in SGMA issues.
B. As a governance structure for implementation of SGIVIA is discussed among, and ultimately decided by
all eligible local agencies within the four subbasins, within the County, the County of Butte and the
Agricultural Groundwater Users of Butte County will work together to advocate for and implement
landowner representation within each applicable governance structure/entity as applied to each of the
four subbasins.
4. Furthermore, the County of Butte and the Agricultural Groundwater Users of Butte County support
governance structures in each subbasin that will recognize and allow for new eligible local agencies to
become members of the governance structure in compliance with SGMA.
PASSED AND ADOPTED by the Butte County Board of Supervisors this loth day of October, 2017, by the
following vote:
AYES: Supervisors Wahl, Lambert, Teeter, and Vice Chair Kirk
NOES: None
ABSENT: Chair Connelly
NOT VOTING: None
Maure`e"- -itk,-Vice Cf�a`i�r
Butte County Board of Supervisors
ATTEST:
Paul Ha,hn, Chief Administrative Officer
and Clerk of the Board of Supervisors
By: V'—" 0,
DepuAy I