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HomeMy WebLinkAboutLetter from Rock Creek Reclamation District - Ag Seat JPA Language Revisions Menchaca, Clarissa FW:Ag seat JPA Language Revisions Attachments: Ag Seat-JPA Language Revisions 9-4-18.pdf From: Rock Creek<rockcreekreclamation@aol.com> Sent:Tuesday, September 4, 2018 8:54 AM To: Connelly, Bill <BConnell nuttecoVnt .net»; Wahl, Larry«LVVah|@buttecnunty.net>; Kirk, Maureen xK4Kirk@buttecnunty.net>; BOS District 4<Dystrict4@buttecpvnty.net»;Teeter, Doug<DTeeter@buttecounty.net> Subject:Ag seat JPA Language Revisions Board of Supervisors, please review the attached revisions for the Ag seat within the JPA. Thanks, Paul Behr-Chairman Rock Creek Reclamation District rookcreekreo|ammtionaoLgorn 530-520-5163 Cell z ROCK CREEK RECLAMATION DISTRICT A Butte County Reclamation District Operating Under Division 15 of the California Water Code 5556 Wilson Landing Road,Chico,CA 95973 (530) 567-1725 Butte County Board of Supervisors: Dear Supervisors: As the Chairman of Rock Creek Reclamation District and its designated representative on the Sustainable Groundwater Management Act("SGMA"), I write to recommend alternative language for the draft Joint Exercise of Powers Agreement establishing the Vina Groundwater Sustainability Agency ("Vina GSA"). Specifically, l propose modifications to the process for appointment of the Agricultural Stakeholder Director position on the Vina GSA board of directors to be more transparent and responsive to all stakeholders in the Vina Subbasin,while also respecting the interests of the Agricultural Groundwater Users of Butte County association ("Association"). The current language at issue and my recommended modifications are included as an attachment to this letter. One of the central features of SGMA is to ensure local management of groundwater resources to the greatest extent feasible. In this theme, SGMA requires the Vina GSA to consider the interest of all beneficial uses and users of water; including the effects to stakeholder groups in and around the Vina Subbasin, including holders of overlying groundwater rights(agricultural users and domestic well owners),public water systems, local land use planning agencies,environmental users,surface water users,federal government, California Native American tribes, and disadvantaged communities. (See Water Code § 10723.2.) Opportunity for public engagement and active involvement of diverse social, cultural, and economic elements of the population in the Vina Subbasin are essential to ensuring that the Vina GSA utilizes the best available information and science when developing and ultimately implementing the groundwater sustainability plan(GSP). Public engagement thus far has been critical and skeptical of the role of the Association and its ability to control, through the power of nomination,the Agricultural Stakeholder Director seat on the Vina JPA Board of Directors. I have personally received numerous email and telephone calls expressing concerns. The language of the draft JPA currently empowers the Association to submit four qualified nominees for consideration and ultimate selection of one nominee by the Vina GSA Board of Directors. ft is unclear whether this power to nominate is limited to the first appointment or whether the Association will be able to continue with this role indefinitely into the future(e.g., after the initial term or vacancy in the Agricultural Stakeholder Director seat). This poses added problems in that the Association is a private corporation that will legally exist well beyond its current founding members and potentially perpetually into the future. The composition of the members of the Association and the acreage it represents will certainly change over time,yet the JPA language does not include any limitations on its role in the nomination process. Nor do I believe the Association is open to all agriculturalists that would otherwise qualify for the Agricultural Stakeholder Director seat,closing off a significant pool of qualified, diverse candidates for the position. The Board of Supervisors and the other Butte County GSAs unanimously supported the creation of the Butte Subbasin. This proposal had the effect of modifying and enlarging the Vina Subbasin, adding new parties and voices to this draft JPA,more acreage, and new stakeholders and diversity of interest. The proposed JPA revision attached to this letter recognizes this change by requiring an open, public process to find candidates qualified and interested in serving the entirety of the enlarged Vina Subbasin as the Agricultural Stakeholder Director. It respects the interests of the Association by involving it in the discussion around candidate qualifications before an appointment is made. The Association's role in this process would last for so long as it contains members representing a significant amount of acreage in the Vina Subbasin. I urge you to adopt the JPA with this revision. Thank you in advance for your consideration of these comments. Sincerely, /-<=1:7,1/(?- Paul Behr-Chairinan Date: Proposed Revisions to SPA Section 7.3.2.(a) CURRENT LANGUAGE: Agricultural Stakeholder Director. The Directors shall select the Agricultural Stakeholder Director and Alternate from a list of four(4)qualified nominees submitted to the Directors by the Agricultural Groundwater Users of Butte County(Association)as specified in the Bylaws, The Directors shall consider the nominees at a regular meeting and shall appoint the Agricultural Stakeholder Director upon a unanimous vote of all Directors. PROPOSED MODIFIED LANGUAGE: Agricultural Stakeholder Director. The Directors shall select the Agricultural Stakeholder Director and Alternate from a List of qualified nominees submitted to the Directors pursuant to an open application process specified in the Bylaws. Prior to appointing a nominee to the position of Agricultural Stakeholder Director,the Directors shall meet and confer with the Association regarding the list of qualified nominees and will consider any additional qualified nominees that may be proposed by the Association. This obligation to meet and confer with the Association prior to filling any vacancy in the Agricultural Stakeholder Director seat will survive for so long as the Association (i)remains active and in good standing as a corporation organized under California law; (ii)demonstrates that it represents 50%or more of the irrigated agricultural acreage in the Vina Subbasin; and(iii)has not participated in any litigation or adjudicatory proceeding against the Vina GSA or the eventual GSP for the Vina Subbasin. The Directors shall consider the nominees at a regular meeting and shall appoint the Agricultural Stakeholder Director upon a unanimous vote of all Directors.