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HomeMy WebLinkAboutSGMA - Workshop Material for Wyandotte Creek Subbasin Implementation Public Workshop Menchaca, Clarissa From: Tania Carlone <tcarlone@cbuilding.org> Sent: Wednesday, May 2, 2018 11:52 AM To: Tania Carlone Subject: WYANDOTTE CREEK PUBLIC WORKSHOP:Thursday, May 3rd from 6-8 PM at Southside Oroville Community Center Attachments: Draft Governance Proposal_Wyandotte Creek_5-1-18.pdf;Att0x7ff1b9d9ab60.htm; Wyandotte Creek Governance Diagram_4-30-18_v3.pdf;Att0x7ff1 be568460.htm; AGENDA-Wyandotte public meeting_5-3-18-FINAL.pdf;Att0x7ff1 be568580.htm RE: Wyandotte Creek Subbasin Workshop Materials SGMA Interested Parties: Find attached two documents that we will discuss at tomorrow's public workshop: • Wyandotte Creek Subbasin Governance Proposal Brief • Wyandotte Creek Subbasin Governance Diagrams In addition, the agenda is attached for your reference. See below for location details and information about the purpose of the event. Best, Tania 1 Sustainable Groundwater Management Act(SGMA) Implementation WYANDOTfE CREEK SUBBASIN Draft Governance Proposal Brief Version: May 1,2018 IMPORTANT NOTE:The following proposal is in draft form and is subject to change, pending input from stakeholders and the public as well as final input and approval from the respective GSAs' governing bodies, including: Butte County Board of Supervisors, City of Oroville City Council, and Thermalito Water and Sewer District Board of Directors* (*pending Basin Boundary Modification). Groundwater Sustainability Agency(GSA) Purpose:The purpose of the agreement is to create a Joint Powers Agency (Agency)separate from its Members that will elect to be the GSA for the entire Basin. The purpose of the Agency is to (a) develop, adopt, and implement a Groundwater Sustainability Plan (GSP)for the Basin in order to implement SGMA requirements and achieve the sustainability goals outlined in SGMA; and (b) involve the public and subbasin stakeholders through outreach and engagement in developing and implementing the GSP. Butte County, the City of Oroville, and Thermalito Water and Sewer District agree to rescind their individual GSA status to form this Agency. Governing JPA Board of Directors:The Governing Board of Directors will serve a policy making role for SGMA implementation in the Wyandotte Creek subbasin. Board members serve four- year terms without term limits. The Member Agency (this refers to the GSA eligible public agencies as per SGMA) board members must be elected officials and are appointed by the respective Member Agencies'governing bodies. All Board members (i.e., Member Agency and Stakeholder Directors) must live and/or work for an entity in the Wyandotte Creek subbasin. The Board will be composed of S seats, each with equal and full voting rights, including: • Butte County- 1 seat(Member Agency) • City of Oroville- 1 seat(Member Agency) • Thermalito Water and Sewer District- 1 seat (Member Agency) • Agricultural water user- 1 seat(Board Appointed Stakeholder) • Domestic well user(non-agricultural)- 1 seat (Board Appointed Stakeholder) • *Note:Yuba County Water Agency is currently pursuing a Basin Boundary Modification that would remove their member unit, Ramirez Water District, from the Wyandotte Creek Subbasin and place them in the jurisdiction of the Yuba County GSA. The composition of the Board of Directors may be modified from time to time to reflect the withdrawal or termination or admittance of members. All Board seats will include alternates. The Board Appointed Stakeholder Director seats will be determined at the discretion of the Agency Members and will meet the following criteria: 11Page • Reside in the basin • Each board member would have an alternate • For agricultural water user, must own or lease real property in active commercial agricultural production operation overlying the Wyandotte Creek subbasin or be an employee of a commercial agricultural production operation overlying the Wyandotte Creek subbasin; must extract groundwater from the Basin for the irrigation/frost protection of at least 15 acres of agricultural crops in commercial operation;the commercial agricultural operation must have sole agricultural interests in the Sacramento Valley Region; must not be party to any litigation against the Agency or any of its Members. • For non-agricultural domestic well user, must live in the Wyandotte Creek subbasin and extract groundwater for domestic use only. Appointment and Removal of Stakeholder Board Seats(primary and alternates) • Agricultural water user board seat and alternate will be appointed by the Member Agencies through an open application process. • Non-agricultural domestic well user seat and alternate will be appointed by the Member Agencies board members through an open application process. • Stakeholder members may only be removed from the JPA Board of Directors if they fail to attend three consecutive meetings or no longer meet the criteria, as identified in the JPA agreement. Management and Operations Wyandotte Creek„GSA„Advisory,Committee The advisory committee represents diverse stakeholder interests and provides input and recommendations to the governing body on GSA policies and GSP development and implementation.The Wyandotte Creek GSA Advisory Committee is subject to the Brown Act and will be staffed by a member of the GSA Managers Committee (see below). At- large members are appointed by the Wyandotte Creek GSA Governing Board. Members may include: • South Feather Water and Power • Cal Water • At-large agricultural water user(s) • At-large domestic well user(s) • At-large environmental • Tribal representative • Other Interests of Beneficial Uses and Users of Groundwater(Water Code §10723.3) Wyandotte Creek Management Committee • Each Member Agency designates a staff member to participate on the Wyandotte Creek GSA Managers Committee (MC) • MC receives direction from the JPA Governing Board 21 Page • MC makes recommendations and generates staff reports and proposals to the JPA Board • MC staffs the Wyandotte Creek GSA Advisory Committee and reports to the JPA Board recommendations and actions from the Advisory Committee • MC assures that staff and other resources are provided to prepare and implement the GSP, and administer the governance for the Wyandotte Creek GSA Other Officers and Employees The Agency will not have any employees. However,the Agency will have the power to employ consultants to investigate and carefully devise a plan or plans to carry out and fulfill the objectives and purposes of SGMA and complete a GSP. • Technical Coordination: Butte County will take the lead in developing technical aspects of the GSP including contracting for professional services in coordination with the MC and the JPA Board of Directors. • Ad Hoc Technical Working Groups.The MC may form ad hoc technical working groups to provide input on technical matters pertaining to the GSP. • Administration: Preparation of the Wyandotte Creek GSP and carrying out governance will require various administrative activities such as meeting management, website development and maintenance, public outreach and communication. The MC will evaluate the required administrative actions and mutually agree on in-kind support, as needed. Decision-Makin The Board aspires to seek consensus. However, the work of the Board must be timely and efficient. Therefore, "consensus-seeking" represents an approach through which the Board will make a robust, reasonable attempt to reach consensus (the duration of which will be decided by the Board). After such attempts are made, if the Board cannot reach consensus,the approach and outcomes are memorialized, and the Board defaults to the following voting structure. • Quorum: A majority of Directors of the Board of Directors shall constitute quorum for purposes of transacting business. • Director Votes: Each member of the Board of Directors shall have one vote. • 80%(4/5) Supermajority Voting Requirement for the following: o Bylaws adoption, modification or alteration o GSP adoption, modification, alteration o Adoption of assessment, charges and fees o Adoptions of regulations and ordinances o Adoption or modification of annual budget, including capital projects o Property acquisition (excepting rights of way) 3 1 P a g e o Decisions related to the establishment of the Members'funding obligations for payment of the Agency's operating and administrative costs. Or any amendments or modifications of Members' funding obligations a Removal of Advisory Committee Members o Modifications to the composition and number of Advisory Committee Members o Removal of stakeholder board seats as is consistent with the JPA agreement GSA Powers and Authorities The Agency shall possess the ability to exercise those powers specifically granted by the Joint Powers Act and SGMA. Preservations of Powers • The Agency and all of its Members Confirm that the Agency will not have the authority to limit or interfere with the respective Members' rights and authorities over their own internal matters, including, but not limited to, a GSA's legal rights to surface water supplies and assets,groundwater supplies and assets, facilities, operations, water management and water supply matters. • The Members make no commitments by entering into an Agreement to share or otherwise contribute their water supply assets as part of the development or implementation of a GSP. • Nothing in the Agreement is intended to modify or limit a Member's police powers, land use authorities, or any other authority. • Each Member shall be individually responsible for its own covenants, obligations, and liabilities under this Agreement. • No Member shall be under the control of or shall be deemed to control any other GSA. • No Member shall be precluded from independently pursuing any of the activities contemplated in the Agreement. • No Member shall be the agent or have the right or power to bind any other Member. • The Members further intend through this Agreement to cooperate to obtain consulting, administrative and management services needed to efficiently develop a GSP and to identify mechanisms for the management and funding commitments reasonably anticipated to be necessary for the purposes of this Agreement. Withdrawal/Termination Ri ht of Member to Become GSA A Member may, in its sole discretion, withdraw from the Agency, effective 90 days after written notice to the Agency.The JPA may be terminated and the Agency dissolved by a unanimous vote of the JPA Board. Upon withdrawal or termination of the JPA, the withdrawing Member(s) retain all rights and powers to become or otherwise participate in a GSA for lands within its jurisdiction. In such an event, the Agency and its remaining Members will not object to or interfere with the lands in the withdrawing Member's boundaries; will facilitate such a transition to the extent necessary; will withdraw from management that portion of the subbasin and so notify DWR. 41 Page Sustainable Groundwater Management Act(SGMA) Implementation WYANDOTTE CREEK SUBBASIN Draft Governance Proposal Brief Version: May 1, 2018 IMPORTANT NOTE:The following proposal is in draft form and is subject to change, pending input from stakeholders and the public as well as final input and approval from the respective GSAs' governing bodies, including: Butte County Board of Supervisors, City of Oroville City Council, and Thermalito Water and Sewer District Board of Directors* (*pending Basin Boundary Modification). Groundwater Sustainability Agency(GSA) Purpose:The purpose of the agreement is to create a Joint Powers Agency (Agency)separate from its Members that will elect to be the GSA for the entire Basin.The purpose of the Agency is to (a) develop, adopt, and implement a Groundwater Sustainability Plan (GSP)for the Basin in order to implement SGMA requirements and achieve the sustainability goals outlined in SGMA; and (b) involve the public and subbasin stakeholders through outreach and engagement in developing and implementing the GSP. Butte County, the City of Oroville, and Thermalito Water and Sewer District agree to rescind their individual GSA status to form this Agency. Governing JPA Board of Directors: The Governing Board of Directors will serve a policy making role for SGMA implementation in the Wyandotte Creek subbasin. Board members serve four- year terms without term limits.The Member Agency(this refers to the GSA eligible public agencies as per SGMA) board members must be elected officials and are appointed by the respective Member Agencies'governing bodies. All Board members (i.e., Member Agency and Stakeholder Directors) must live and/or work for an entity in the Wyandotte Creek subbasin. The Board will be composed of 5 seats, each with equal and full voting rights, including: • Butte County- 1 seat(Member Agency) • City of Oroville- 1 seat(Member Agency) • Thermalito Water and Sewer District- 1 seat(Member Agency) • Agricultural water user- 1 seat (Board Appointed Stakeholder) • Domestic well user(non-agricultural)- 1 seat(Board Appointed Stakeholder) • *Note:Yuba County Water Agency is currently pursuing a Basin Boundary Modification that would remove their member unit, Ramirez Water District, from the Wyandotte Creek Subbasin and place them in the jurisdiction of the Yuba County GSA. The composition of the Board of Directors may be modified from time to time to reflect the withdrawal or termination or admittance of members. All Board seats will include alternates. The Board Appointed Stakeholder Director seats will be determined at the discretion of the Agency Members and will meet the following criteria: 11Page • Reside in the basin • Each board member would have an alternate • For agricultural water user, must own or lease real property in active commercial agricultural production operation overlying the Wyandotte Creek subbasin or be an employee of a commercial agricultural production operation overlying the Wyandotte Creek subbasin; must extract groundwater from the Basin for the irrigation/frost protection of at least 15 acres of agricultural crops in commercial operation;the commercial agricultural operation must have sole agricultural interests in the Sacramento Valley Region; must not be party to any litigation against the Agency or any of its Members. • For non-agricultural domestic well user, must live in the Wyandotte Creek subbasin and extract groundwater for domestic use only. Appointment and Removal of Stakeholder Board Seats(primary and alternates) • Agricultural water user board seat and alternate will be appointed by the Member Agencies through an open application process. • Non-agricultural domestic well user seat and alternate will be appointed by the Member Agencies board members through an open application process. • Stakeholder members may only be removed from the JPA Board of Directors if they fail to attend three consecutive meetings or no longer meet the criteria, as identified in the JPA agreement. Management and Operations Wyandotte Creek GSA Advisory Committee The advisory committee represents diverse stakeholder interests and provides input and recommendations to the governing body on GSA policies and GSP development and implementation.The Wyandotte Creek GSA Advisory Committee is subject to the Brown Act and will be staffed by a member of the GSA Managers Committee (see below). At- large members are appointed by the Wyandotte Creek GSA Governing Board. Members may include: • South Feather Water and Power • Cal Water • At-large agricultural water user(s) • At-large domestic well user(s) • At-large environmental • Tribal representative • Other Interests of Beneficial Uses and Users of Groundwater(Water Code §10723.3) Wyandotte Creels Management Committee • Each Member Agency designates a staff member to participate on the Wyandotte Creek GSA Managers Committee (MC) • MC receives direction from the JPA Governing Board 21 Page • MC makes recommendations and generates staff reports and proposals to the JPA Board • MC staffs the Wyandotte Creek GSA Advisory Committee and reports to the JPA Board recommendations and actions from the Advisory Committee • MC assures that staff and other resources are provided to prepare and implement the GSP, and administer the governance for the Wyandotte Creek GSA Other Officers and Employees The Agency will not have any employees. However, the Agency will have the power to employ consultants to investigate and carefully devise a plan or plans to carry out and fulfill the objectives and purposes of SGMA and complete a GSP. • Technical Coordination: Butte County will take the lead in developing technical aspects of the GSP including contracting for professional services in coordination with the MC and the JPA Board of Directors. • Ad Hoc Technical Working Groups:The MC may form ad hoc technical working groups to provide input on technical matters pertaining to the GSP. • Administration: Preparation of the Wyandotte Creek GSP and carrying out governance will require various administrative activities such as meeting management, website development and maintenance, public outreach and communication.The MC will evaluate the required administrative actions and mutually agree on in-kind support, as needed. Decision-Makin The Board aspires to seek consensus. However, the work of the Board must be timely and efficient.Therefore, "consensus-seeking" represents an approach through which the Board will make a robust, reasonable attempt to reach consensus (the duration of which will be decided by the Board). After such attempts are made, if the Board cannot reach consensus, the approach and outcomes are memorialized, and the Board defaults to the following voting structure. • Quorum:A majority of Directors of the Board of Directors shall constitute quorum for purposes of transacting business. • Director Votes: Each member of the Board of Directors shall have one vote. • 80% (4/5) Supermajority Voting Requirement for the following: o Bylaws adoption, modification or alteration o GSP adoption, modification, alteration o Adoption of assessment, charges and fees o Adoptions of regulations and ordinances o Adoption or modification of annual budget, including capital projects o Property acquisition (excepting rights of way) 31 Page o Decisions related to the establishment of the Members' funding obligations for payment of the Agency's operating and administrative costs. Or any amendments or modifications of Members'funding obligations o Removal of Advisory Committee Members o Modifications to the composition and number of Advisory Committee Members o Removal of stakeholder board seats as is consistent with the JPA agreement GSA Powers and Authorities The Agency shall possess the ability to exercise those powers specifically granted by the Joint Powers Act and SGMA. Preservations of Powers • The Agency and all of its Members Confirm that the Agency will not have the authority to limit or interfere with the respective Members' rights and authorities over their own internal matters, including, but not limited to, a GSA's legal rights to surface water supplies and assets, groundwater supplies and assets, facilities, operations, water management and water supply matters. • The Members make no commitments by entering into an Agreement to share or otherwise contribute their water supply assets as park of the development or implementation of a GSP. • Nothing in the Agreement is intended to modify or limit a Member's police powers, land use authorities, or any other authority. • Each Member shall be individually responsible for its own covenants, obligations, and liabilities under this Agreement. • No Member shall be under the control of or shall be deemed to control any other GSA. • No Member shall be precluded from independently pursuing any of the activities contemplated in the Agreement. • No Membershall be the agent or have the right or powerto bind any other Member. • The Members further intend through this Agreement to cooperate to obtain consulting, administrative and management services needed to efficiently develop a GSP and to identify mechanisms for the management and funding commitments reasonably anticipated to be necessary for the purposes of this Agreement. Withdrawal/Termination/Right of Member to Become GSA A Member may, in its sole discretion,withdraw from the Agency, effective 90 days after written notice to the Agency.The JPA may be terminated and the Agency dissolved by a unanimous vote of the JPA Board. Upon withdrawal or termination of the JPA,the withdrawing Member(s) retain all rights and powers to become or otherwise participate in a GSA for lands within its jurisdiction. In such an event, the Agency and its remaining Members will not object to or interfere with the lands in the withdrawing Member's boundaries; will facilitate such a transition to the extent necessary;will withdraw from management that portion of the subbasin and so notify DWR. 41 Page Wyandotte Creek Subbasin Sustainable Groundwater Management Act (SGMA) Implementation Thursday, May 3,2018,6:00 PM Location: Southside Oroville Community Center,2959 Lower Wyandotte Road,Oroville, CA 95966-6201 PUBLIC WORKSHOP AGENDA Overall Purpose: For stakeholders in the Wyandotte Creek Subbasin to establish a governance structure that all GSA entities agree will meet their needs for decision-making and planning to develop and implement a Groundwater Sustainability Plan (GSP)for the subbasin. 6:00 Welcome,Introductions&Agenda Overview 6:10 SGMA Overview&GSA Updates • SGMA overview and milestones • Questions&answers for clarification Ob eec_tive:Receive a brief introduction to SGMA, including key milestones and the status of SGMA implementation in the Wyandotte Creek subbasin. 6:45 Wyandotte Creek Subbasin Overview • Proposed Wyandotte Creek subbasin basin boundary modifications • Wyandotte Creek Subbasin Overview • Questions&answers for clarification Obiective:Receive an overview of the Wyandotte Creek subbasin and a description of the proposed basin boundary modifications. 7:00 SGMA Governance Presentation • Wyandotte Creek subbasin draft governance proposal presentation • Questions for clarification on the presentation • Facilitated plenary discussion to receive public input on governance proposal Obiective:Receive a draft governance proposal presentation and provide feedback on proposal. *8:00 Next Steps and Wrap Up + Overview of draft governance work plan and timeline through June 2018 • Closing remarks and comments Objective:Review governance process timeline and work plan. 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