HomeMy WebLinkAboutGlenn-Colusa Draft MOA Menchaca, Clarissa
Subject: FW: Glenn/Colusa DRAFT MOA
Attachments: 2017-02-23-Colusa Subbasin MOA-clean.2 v7 (mmfl.pdf;Well Owner Workshop Flyer_
4-8-CA.PDF
Contacts: Greg Sohnrey - Sohnrey and Son Family Farms; Les Heringer- M&T Ranch; Susan
Strachan - Big Chico Creek Watershed Alliance; Gary Cole - Cole Farms; Charlie Edgar-
Llano Seco Ranch; Darren Rice;John Schooling; Dave Daley;Jon Lavy - Lavy Brothers
Farming; Ashley Snyder - Butte County
From: Snyder, Ashley
Sent: Monday, March 27, 2017 10:18 AM
To: Menchaca, Clarissa <cmenchaca@buttecounty.net>
Subject: FW: Glenn/Colusa DRAFT MOA
BO S Correspondence- already went to the Board.
Askle� m. sLler
Assistant Clerk of the Board
Butte County Administration
25 County Center Drive, Suite 200 Oroville CA 95965
T: 530.538.2867 1 F: 530.538.7120
Twitter I EaLELbopk I Y-o-.Jgt�e- I Pinterest
From: BCWater
Sent: Friday, March 24, 2017 10:03 AM
To: BCWater<BCWater@ buttecountV.net>
Cc:Gossellin, Paul<PGosseIin@buttecouD1yLnet>; Newlin, Vickie<VNewlin I@buttecou
Subject: Glenn/Colusa DRAFT MOA
Per our conversation at the last GPAC meeting,you requested a copy of the MOA from the Glenn/Colusa County SGMA
process. Please keep in mind that this a work in progress and therefore in draft format. It has not been approved by
either county or the other participants at this time. I just thought it might give you an idea of what it taking place in our
neighboring counties.
Also, l am attaching a flyer for a workshop on wells and private septic systems, which some of you may find interesting.
If you have any questions, please feel free to contact me.
Thanks,
Vickie
Vickie NewUn, Assistant Director.
Woter ond Resource Conserwition
(530)538-2179
(530)592-89501
"Hope is not a strategy" Vince Lombardi
02/23/17 Draft(with County, PID/PCGID/CCWD,GCID and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
WORKING DRAFT
Memorandum of Agreement
Defining Colusa Subbasin Groundwater Sustainability Interests
Version 7—February 23,2017
This Memorandum of Agreement(MOA) is made and entered into by and among the County of Colusa,
the City of Colusa,the City of Williams, Glenn Colusa Irrigation District, Princeton-Codora-Glenn
Irrigation District, Provident Irrigation District,Colusa County Water District, Maxwell Irrigation District,
Westside Water District, Reclamation District 108, Reclamation District 479 (Structure to be determined:
Reclamation District 1004, Colusa Drain Mutual Water Company, Colusa County Private Pumpers)which
are referred to herein individually as a"Party" and collectively as"Parties,"for the purposes of
developing a joint exercise of powers agreement and joint powers agency to serve as the Groundwater
Sustainability Agency in the Colusa County portion of the Colusa Subbasin in support of Senate Bilis
1168, 1319 and 13,and Assembly Bill 1739, known collectively as the Sustainable Groundwater
Management Act(the Act).This MOA shall hereinafter be known as the Colusa County Groundwater
Sustainability Agency MOA.
Recitals
WHEREAS, on September 16, 2014 Governor Jerry Brown signed the Act into law;and
WHEREAS,the Act went into effect on January 1,2015; and
WHEREAS,the Act was amended on January 1,2016;and
WHEREAS,the Act requires, among other things,sustainable management of groundwater basins,
local management of groundwater, minimum standards for sustainable groundwater management,and
provides local agencies with the authority and the technical and financial assistance necessary to
sustainably manage groundwater; and
WHEREAS,section 10720.7 of the Act requires that all basins designated as high-or-medium priority
basins designated in Department of Water Resources Bulletin 118 be managed under a Groundwater
Sustainability Plan, or coordinated Groundwater Sustainability Plans, pursuant to the Act;and
WHEREAS,the Colusa Subbasin is located within the Sacramento Valley Basin and is designated as a
medium priority basin; and
WHEREAS any local public agency is eligible to become a Groundwater Sustainability Agency(GSA);
and
WHEREAS, a local public agency is defined in Section 10721 of the Act as an agency having water
supply,water management,or land use responsibilities within a groundwater basin;and
WHEREAS,each of the Parties to this MOA is a local public agency within or partially within the
County of Colusa and the Colusa Subbasin; and
(00388616;1) Colusa Subbasin-Memorandum of Agreement Page 1
02/23/17 Draft(with County, PID/PCGID/CCWD,GCID and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
WHEREAS several of the Parties have filed notices that they will act as a GSA for some portion of the
subbasin within Colusa County.
WHEREAS,there are groundwater extractors in the Colusa Subbasin, including private individuals
and corporations,which are outside of the boundaries of public agencies signatory to this MOA,other
than the County("Unaffiliated Extractors");and
WHEREAS, Unaffiliated Extractors in the Colusa Subbasin include Native American Tribes and federal
agencies;and
WHEREAS,the water laws of the State of California recognize the priority of overlying groundwater
rights relative to appropriative groundwater rights,and further recognize the correlative nature of
overlying groundwater rights(that is, properties overlying a groundwater basin share an equal right and
priority to the reasonable and beneficial use of the sustainable yield of the groundwater basin);and
WHEREAS,the Parties acting through this MOA intend to maintain an open line of communication
and to work cooperatively with local Native American Tribes and federal agencies during SGMA planning
and implementation; and
WHEREAS,the Parties,acting through this MOA intend to work cooperatively with other local
agencies and Unaffiliated Extractors in the Colusa Subbasin to manage the Subbasin in a sustainable
manner pursuant to the requirements set forth in the Act;and
WHEREAS,the Parties intend to execute a Joint Exercise of Powers Agreement pursuant to the Joint
Exercise of Powers Act,Government Code Section 6500,et seq.,for the purpose of forming a single GSA
to manage the Colusa Subbasin consistent with the Act and pursuant to the principles in this MOA;and
WHEREAS upon future request and notification,the Parties will add other local public agencies as
signatories to the intended joint powers agreement and members of the GSA;
NOW,THEREFORE,the Parties hereby agree as follows.
Section 1. Definitions
As used in this MOA, unless context requires otherwise,the meanings of the terms set forth below shall
be as follows:
1. "Act" refers to the Sustainable Groundwater Management Act.
2. "Agency" means the Colusa County Groundwater Sustainability Agency,formed pursuant to the
Agreement.
3. "Agreement" means the Joint Exercise of Powers Agreement,as authorized by Government Code
section 6500,et seq., contemplated in this MOA,which will establish the Agency for purposes of
developing and implementing the Plan contemplated herein.
4. "Beneficial Uses and Users" include,without limitation,all current and future potential beneficial
uses and users of groundwater in the Colusa Subbasin, as well as other parties responsible for
implementing and carrying out the Plan.
5. "Committee"shall mean any committee established pursuant to this MOA.
{00388616;1} Colusa Subbasin-Memorandum of Agreement Page 2
02/23/17 Draft(with County, PID/PCGID/CCWD,GCID and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
6. "County"shall mean the County of Colusa in its role as a local public agency(as defined in the Act)
and as a governing jurisdiction.
7. "Department" means the California Department of Water Resources.
8. "Effective Date" means the date on which the last Party executes this MOA.
9. "Fiscal Year" means July 1 through June 30.
10. "Governing Board" means the governing body of the Agency.
11. "Member's Governing Body" means the respective Board of Directors or other voting body that
controls each individual local public agency that is signatory to this MOA.
12. "Party"and "Parties"shall mean all organizations, individuals and collectives that are signatories to
this MOA.
13. "Plan" refers to the Groundwater Sustainability Plan adopted by the Agency incoordination with
the [Stakeholders/Beneficial Interests] pursuant to the Agreement.
14. "State" means the State of California.
15. "Subbasin"or"Colusa Subbasin" means the Colusa Subbasin as defined in State of California Bulletin
118,
Section 2.Purpose
2.1 The purpose of this MOA is to describe general and specific principles that reflect mutual
understanding of the Parties concerning commitments and obligations associated with implementing
the Act in the Colusa Subbasin to lead to the creation of a multi-party joint powers agency that will serve
as the Agency,
2.2 This MOA also describes the Parties' understanding of the Agency's initial tasks and associated
potential costs to implement the Act(as described in Section 6).
2.3 A potential purpose for this MOA is to serve as the legal agreement by which the Parties operate
as a Groundwater Sustainability Agency during the time that the Parties are creating a multi-party joint
powers agency that will serve as the Agency.
Section 3.Term
3.1 This MOA shall become effective upon execution by each of the Parties and shall continue in full
force and effect until the earliest of the following events occurs:
3.1.1. Execution of the Agreement, or
3.1.2. Twelve months from the date of execution of this MOA.
Section 4.General Principles of Understanding
This Section 4 reflects the mutual general goals,objectives and understandings of the Parties to
this MOA with respect to development of the Agreement.
[00388616;1} Colusa Subbasin-Memorandum of Agreement Page 3
02/23/17 Draft(with County, PID/PCGID/CCWD,GCID and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
4.1 A partnered approach should be fostered for sustainable groundwater management in the
Colusa Subbasin that,among other things,supports the Act;achieves sustainable conditions in the
Subbasin; reflects mutual respect for each Party's discretion,governmental authority, expertise,
knowledge of groundwater conditions, rights, needs and concerns;and ensures appropriate
representation of all Beneficial Uses and Users.
4.2 Local control of groundwater and compliance with the Act should be preserved to the maximum
extent practicable, and State intervention to implement the Act should be avoided to the extent
possible.
4.3 Implementation of the Act may be expensive and all Beneficial Uses and Users will need to
contribute to implementation. Failure to implement the Act locally could result in State intervention
and even greater costs and regulation.
4.4 A partnered approach to groundwater management and implementation of the Act is in the
best interest of Beneficial Use and Users within the Agency boundaries because it will maximize
efficiencies, keep costs at a minimum and capitalize on skills and strengths of various partners provided
that such proposed partnership also creates and maintains collegial relationships and flexible
implementation of the Act.
4.5 As authorized by Section 10723.6(a)of the Water Code,the Parties intend to form and
participate in a single multi-agency GSA covering the portions of the Subbasin that lie within the County.
To this end,the Parties intend to execute an Agreement and form the Agency not later than June 30,
2017,and the Agreement will include procedures for other local agencies within the Colusa Subbasin to
be added to the Agreement and the Agency at a later date.
4.6 Local agencies within the Colusa Subbasin that are Parties to this MOA, and which have
previously filed with the Department notices to become GSA's for their respective service areas,will
concurrently with one another,and upon execution of the Agreement formally withdraw said notices,
not later than June 30,2017, and will comply with and carry out the Act through the Agency in
cooperation with Beneficial Uses and Users. If the Agreement is not executed and the Agency is not
formed by June 30,2017,the local agencies will comply with and carry out the Act in cooperation with
Beneficial Uses and Users through this MOA until one of the events in Section 3.1 occurs.
4.7 Pursuant to the Act,all Beneficial Uses and Users of groundwater will be subject to the
Agreement and Plan,and the Parties intend that all Beneficial Uses and Users will cooperate with the
Agency and abide by the guidelines put forth in the Agency's Plan for the Subbasin.
4.8 Being a Party to this MOA is not a condition to participate in Plan development. All Beneficial
Uses and Users have an equal opportunity,either directly or through appropriate representation on the
governing board of the Agency,to participate in Plan development.
4.9 No Party's land or property use, or any other authority, is limited by this MOA.
4.10 Sustainable groundwater conditions in the Colusa Subbasin are critical to support, preserve,and
enhance the economic viability,social well-being and culture of all Beneficial Uses and Users, including
tribal,domestic, municipal,agricultural, and industrial users.
{00388616;1} Colusa Subbasin-Memorandum of Agreement Page 4
02/23/17 Draft(with County, PID/PCGID/CCWD,GCID and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
4.11 Unsustainable groundwater practices threaten the groundwater resources of all groundwater
users in the Colusa Subbasin.
4.12 Aquifers within the basin can be threatened by unsustainable management of groundwater
resources.
4.13 Economic prosperity and healthy natural resources in the County can be threatened by the lack
of available groundwater and surface water resources, and such threats should be avoided to the
maximum extent practical.
4.14 All Beneficial Uses and Users should have an open,transparent and timely opportunity to
engage with the Agency and to provide input on Plan development and implementation of the Act.
Extensive outreach is a priority of all Parties to this MOA,to inform Beneficial Uses and Users about
implementation and potential effects of the Act,and to ensure Beneficial Uses and Users are involved in
the process where practical.
4.15 Implementation and enforcement of the Plan should take place at the most local level possible
and should allow each Party maximum input to any Plan chapter or section applicable to the Party and
the Beneficial Uses and Users that exist or will exist in a Party's service area or jurisdiction, and should
reflect the Party's authority and desire to manage the water resources available to its constituents or
customers, provided such management is consistent with sustainability requirements of the Act and
Plan.
4.16 Overlying landowners in the Colusa Subbasin have a right to share in the sustainable yield of the
Subbasin for reasonable and beneficial use on overlying land.
4.17 Act implementation is new for all County Beneficial Uses and Users,and there are many
unknowns. Willingness by Parties and Beneficial Users to adapt and adjust during Agency formation and
Plan development and implementation is crucial to success.
4.15 Achieving and maintaining groundwater sustainability for the good of all groundwater beneficial
users in the County is the Agency's first priority and main focus,especially in the early stages of Act
implementation while all Beneficial Uses and Users work together to alleviate any existing fear and
distrust.
4.19 The Parties understand and agree that this MOA and a Party's execution of the Agreement and
participation in the Agency are subject to multi-party agreements being executed in other portions of
the Colusa Subbasin outside of Colusa County for purposes of compliance with the Act. If similar multi-
party agreements are not executed in other portions of the Colusa Subbasin outside of Colusa County,
than a Party whose jurisdiction extends to portions of the Colusa Subbasin outside of Coiusa County may
withdraw from this MOA or the Agreement, and proceed independently under the Act.
Section 5.Specific Principles of Understanding
This Paragraph 5 reflects the Parties' mutual specific goals,objectives and understanding
concerning development of the Agreement and the Agency,and future implementation of the Act.
{00388616;1} Colusa Subbasin-Memorandum of Agreement Page 5
02/23/17 Draft(with County, PID/PCGID/CCWD,GOD and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
5.1 Governance and Implementation of the Act
5.1.1 Pursuant to Water Code section 10724,and for purposes of making appointments to the
governing board of the Agency,the County will represent the common and unique interests of
groundwater extractors located in the areas of the Subbasin that are not within the jurisdictional
boundary of local agencies that are a Parry to the Agreement, other than the County.
5.1.2 The Agency will implement the Act in a manner that optimizes the Act's goals to achieve
sustainable groundwater conditions which support the vital agricultural economy in the County,
other industry,and domestic and public water uses.
5.1.3 The governing board of the Agency will, consistent with state law regarding joint powers
authorities, reflect diverse representation of Beneficial Uses and Users within the Colusa Subbasin
and will include representatives of Parties to the Agreement. Mutual water companies and other
private pumpers may be represented on the governing board as County appointees.
5.1.4 The Agency will pursue financial and infrastructure solutions and beneficial partnerships
with Parties and other entities to provide sustainable water supplies within the Colusa Subbasin.
5.1.5 Local agencies that are signatories to the Agreement will reserve the right to withdraw
from the Agreement and Agency if the local agency determines it is no longer in the Party's best
interests to remain in the Agency. Any local agency that is formed after the date of the Agreement
will have the right to become a Party to the Agreement and participate in the governance of the
Agency.
5.1.5 Governance and implementation under the Agreement will be designed to avoid
duplicative or conflicting governmental authorities to the maximum extent possible. Each Party will
have maximum input regarding provisions of the Plan affecting groundwater within its own
boundaries. Each Party retains and preserves powers and authority to regulate groundwater use
within its boundaries so long as its actions are consistent with achieving sustainability consistent
with the Groundwater Sustainability Plan(GSI').
5.1.7 As parties implement the Act within their respective boundaries,they will coordinate
efforts with any adjacent areas within and outside of the Subbasin.
5.1.8 Among other functions,the Agency will work with local agencies and other Beneficial
Uses and Users to coordinate and facilitate intra-basin water transfers as appropriate and to avoid
one or more of the six undesirable results defined by the Act:
1. Chronic lowering of groundwater levels
2. A reduction in groundwater storage
3. Degradation in water quality
4. Land subsidence
5. Surface water depletion
G. Impacts on groundwater dependent ecosystems
{00358616;11 Colusa Subbasin-Memorandum of Agreement Page 6
02/23/17 Draft(with County, PID/PCGIA/CCWD,GOD and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
5.1.9 The Parties agree that the Plan should encourage board members to act on behalf of
and represent all landowners within their service areas to ensure collective compliance with the Act.
5.2 Sustainability
5.2.1 Data collection and groundwater studies are essential to increase knowledge and to
support groundwater management decisions. Funding and implementing such studies is a priority
and a shared responsibility among all Agency Parties and other Beneficial Uses and Users.The
specifics of such sharing will be an element of the Agreement.
5.2.2 Groundwater conditions throughout the County and Subbasin are not uniform.
Conditions vary by location,surface water conditions, precipitation and water year type.While all
Beneficial Uses and Users will share the obligation to achieve sustainability,solutions will need to
reflect these geographic and hydrogeographic differences.
5.2.3 The Parties agree that the Plan encourages utilization of surface water to its full extent
as available and feasible, and groundwater is conserved for use during dry periods when surface
water is not readily available or affordable.
5.2.4 The Parties agree that the Plan should recognize the interconnectedness of
groundwater and surface water resources,and contributions to the system from surface water use,
distribution,and applications.
5.2.5 The Agency recognizes that groundwater recharge occurs through many different
means.Applied surface water, precipitation, porous supply and drain ditches, and Best Management
Practices utilized by beneficial users contribute to the basins recharge. Studies will quantify the
availability of such recharge and provisions will be included in the GSP to ensure that future
groundwater extractions are consistent with quantified recharge and the sustainable yield of the
Colusa Sub-Basin.
5.2.6 The Parties agree that the Plan should encourage all Beneficial Uses and Users,
whether using surface water or groundwater in the basin,to maximize the beneficial use water
consistent with their respective rights, and provide for mitigation of impacts on waterways, creeks,
streams and rivers.
5.2.7 The Parties agree that the Plan should encourage surface water users to use surface
water and groundwater for in-basin transfers to meet local demands. Fallowing transfers will also
occur both in and outside of the Subbasin,with transfer quantities based on avoided consumptive
use.
5.2.8 The Parties agree that the Plan should encourage surface water transfers to potentially
serve as a tool to settle disputes over environmental obligations such as dedication of surface water
to environmental requirements in reservoirs, rivers,or the Bay-Delta or to mitigate impacts during
drought periods which will include increased reliance on groundwater by surface water users.The
Parties agree that the Plan should encourage Agency members to agree to coordinate and partner
on actions that attempt to balance environmental solutions with groundwater sustainability.
(00388616;1) Colusa Subbasin-memorandum of Agreement Page 7
02/23/17 Draft(with County, PID/PCGID/CCWD,GCID and Maxwell legal Edits,and Governance
Committee Comments from 01/27/17 meeting,and 2/23/2017 meeting)
5.3 Agency Financing and Support
5.3.1 The Parties agree that the Agreement and Plan should include provisions for Party
contributions of capital and operating funds, personnel,services,equipment or property to cover
the Agency and Plan development.
5.3.2 The Parties agree that the Agreement and Pian should encourage and recognize that
there will be costs for the development, implementation and administration of the Plan,the Parties
must agree on governance that maximizes the potential for State funding,and to allocate the local
share of these costs by one or more mutually agreeable and equitable formulas(to be determined)
5.4 Flexibility of the Agency
5.4.1 The Parties agree that the Agreement and Plan should encourage maximum flexibility
to adapt to changes in Agency membership,funding, planning oversight,et cetera,as the Parties
build their relationships and mutual trust.
Section 6. Potential Projects and Costs
To be added as per work between the County and Facilitation Consultant
[signatures]
(00388616;1) Colusa Subbasin-memorandum of Agreement Page 8
Private Well Owners:When was the last time you had your well tested? Do
you want to learn more about protecting your groundwater and the issues
that can impact drinking water?Are you having well or septic system prob-
lems?
Attend this workshop and bring a three ounce sample of your well water to
get a free water quality test for nitrate. Nitrate is commonly associated with
wastewater contamination.Join RCAC to learn more about your private well
and septic system!
The workshop will educate well owners on proper operation and mainte-
nance of drinking water wells and septic systems,common troubleshooting
of domestic well and septic system, preventive maintenance and solutions.
Workshop topics include:
• Understanding the importance of water quality
' Understanding the geology and aquifer of wells
• Well system operation and maintenance tips
• Septic system operation and maintenance tips
` Cost: Free
When: Saturday,April8,2017 8:30am-12:30pm
' Where: RCAC Corporate Office,Sal Solinas Room
3120 Freeboard Drive,West Sacramento,CA 95691
Register online at: http://bit.ly/211oveS
Questions?
For more information,contact:
! Thi Pham at tpham@rcac.org• (916)447-2854 ext. 1038
y For registration questions,contact:
Mark Wiseman at mwiseman@rcac.org• (916)447-9832 ext. 1038
1 Presented b Rural Community Assistance Corporation
RCAC
A V~.rcac.ors Funding for this training provided by the U.S.Environmental Protection Agency