HomeMy WebLinkAboutVina Subbasin SGMA Governance public workshop reminder and workshop material Menchaca, Clarissa
From: Tania Carlone <tcarlone@cbuilding.org>
Sent: Monday, April 23, 2018 11:29, PM
To: Tania Carlone
Subject: VILA PUBLIC WORKSHOP REMINDER: Thursday, April 26th from 6-8 at Chico Masonic
Center
Attachments: AGENDA Vina Subbasin Public Meeting-4-26-18-FINAL.pdf,Att4x7fa5fcba3760.htm;
Draft Governance Proposal-Vina-4-23-18.pdf;Att0x7fa5d12c1 1e40.htm; Vina Draft
Governance Diagram Handoutv-4-23-18.pdf,Att0x7fa5d2c1 1 c60.htm
Vina Interested Parties
Please join us for a public workshop this Thursday, April 26th form 6-8 PM at the Chico Masonic Center, 1110
W East Avenue to:
Meet the local agency representatives in the Vina groundwater subbasin;
• Review and discuss the DRAFT' governance proposal for the Vina subbasin;
Provide your perspective and input.
For your advance review, find attached the following workshop materials:
1. Agenda
2. DRAFT governance proposal*
3. DRAFT governance diagram
*NOTE: The governance 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, Chico City Council, Rock Creek Reclamation District Board of Directors.
Please feel free to contact me with any questions.
Hope to see you on Thursday evening,
Tania
Tania Carlone
Facilitator
Consensus Building Institute
510/684.050)4 (cell)
tcarigne&bi or
w-Nvw..cbJ.or
Sustainable Groundwater Management Act(SGMA)Implementation
Vina Subbasin
(Butte and Tehama Counties)
SGMA Governance Public Meeting
Thursday,April 26,2018, 6:00 PM
Location: Chico Masonic Center, 1110 W East Avenue,Chi4o95826
AGENDA
Overall Purpose: For stakeholders in the Vina Subbasin to establish a: overnance structure that all GSA entities
agree will meet their needs for decision-making and planning to de�ielop andimplement a Groundwater
Sustainability Plan (GSP)for continued groundwatersustainability in the subbasin.
T-ime ' I#em ,
6:00 Welcoming Remarks, Introductions&Agenda Rev..ew
6:10 SGMA Overview&GSA Updates
• SGMA overview and milestones
• Questions&answers for clarifica0an
Obfecfive;Receive a brief introduction""', 69A,;including key mrlesfor es for SGMA implementation.
6:45 Vina Subbasin Overview
• Proposed Vina subbasin basin boUntlary modifcafions
• Overview of Vina subbasin
• Questions&-a'nswers,for clarification
Obiecfive:Receive'an overview of the Vina subbasin and a description of the proposed basin boundary
modifications.
7:00 SGMA Governance Presentation
• Vina sublJasm draft" proposal pr"esentafion
• Questions an'clanswers for clarification witft'65R Panel
• Small group`break out discussion
• Facilitated pleriary discussion to receive public input on governance proposal
Ob"active:Receive a drali`'`overnance ro osal presentation and provide feedback on proposal.
*8:00 Next Steps and Wrap Ups
• Overview;of governaicework plan and timeline through June 2018
• Closin `;remarks aritl;comments
Ob'ecfive:Review°';o'venrance process timeline and work plan.
Adjourn(*The meeting may be extended as late as 8:45 PM to ensure time for public feedback)
The next Governance Working Group meeting (open to the public)will be held on May 31,from 3-5 PM at the
Chico Masonic Center at 1110 W East Avenue, Chico.
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Vino Subbasin Draft Governance Proposal
Sustainable Groundwater Management Act(SGMA)
Implementation
VINA SUBBASIN (5-021.57)
DRAFT Governance Proposal
Version:April 23,2018
Centralized GSA
• Covers entire subbasin
• Assumes all new authorities and responsibilities granted by SGMA
• Creates a new agency
Considerations and Trade-offs:
• Efficient and more cost effective for management and oversight of Groundwater
Sustainability Plan (GSP)
• Data management and modeling more streamlined
• Consistent regulatory framework across the basin
• Concern about delegating authority to one entity if it results in a local agency having less
control in its service area
• With the formation of a new agency where two or more eligible agencies exercise the Joint
Powers Act provides a clear mechanism for non-public agency beneficial users to participate
in decision-making
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
GSRs'governing bodies, including: Butte County Board of Supervisors, City of Chico City Council,
and Rock Creek Reclamation District Board of Directors (Members).
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 Chico, and Rock Creek
Reclamation District agree to rescind their individual GSA status to form this Agency.
Guiding Principles
1. All parties intend to work together in mutual cooperation to develop and implement a GSP
for the Vina subbasin in compliance with SGMA.
11 Page
Vino Subbasin Draft'Governance Proposal
2. All affirm a commitment to establishing equitable representation of all GSAs.
3. All Member Agencies are responsible for the sustainability of the subbasin, all Member
Agencies will not be responsible to bear the costs to remedy the problems of individual
jurisdictions.
4. The focus to reach sustainability in the subbasin is to pursue the better utilization of surface
water and pursue a groundwater recharge program to increase groundwater in the
subbasin.
5. No other agency will have the authority to limit or interfere with the respective rights and
authorities of any other agency's internal matters, including, but not limited to, rights to
surface water supplies and assets, groundwater supplies and assets, facilities, operations,
water management, water supply matters,well permitting or land use authorities.
6. As is consistent with Water Code section 10720.5(b), SGMA does not determine or alter
surface water rights or groundwater rights under common law or any provision of law that
determines or grants surface water rights.
7. All groundwater users in the Vina subbasin have a stake in basin sustainability.
8. The intent of governance in the Vina subbasin is to seek a cost effective, practicable
approach to SGMA implementation that takes advantage of economies of scale.
9. All parties intend to build trust and promote consensus on the science used to inform
decision-making. .
Governing JPA Board of Directors:The Governing Board of Directors will serve a policy-making
role for SGMA implementation in the Vina 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 Vina 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 Chico- 1 seat(Member Agency)
• Rock Creek Reclamation District- 1 seat (Member Agency)
• Agricultural water user- 1 seat(Board Appointed Stakeholder)
• Domestic well user(non-agricultural)- 1 seat (Board Appointed Stakeholder)
• Note:See below*Tehama County Options
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 meet the following criteria:
• Reside in the basin
• Each board member would have an alternate
21 Page
Vina Subbasin Draft Governance Proposal
• Must not be party to any litigation against the Agency or any of its Members
• For agricultural water user:
1. Must own or lease real property in active commercial agricultural production
whose operation overlies the Vina subbasin or be an employee of a
commercial agricultural production operation overlying the Vina subbasin
2. Must extract groundwater from the subbasin for the irrigation/frost
protection of at least 50 acres of agricultural crops in commercial operation
3. If an employee of an agricultural operation,the commercial agricultural
operation must have sole agricultural interests in the Sacramento Valley
Region
• For non-agricultural domestic well user criteria: must extract groundwater
overlying the Vina subbasin for domestic use only.
Appointment and Removal of Stakeholder Board Seats (primary and alternates)
+ Agricultural water user board seat and alternate will be nominated by the Agricultural
Groundwater Users of Butte County (Association).The JPA Board may decline a
nomination only if the nominee does not meet the criteria specified in the JPA
agreement, outlined above.
• Non-agricultural domestic well user seat and alternate will be appointed by the JPA
Board 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.
*Tehama County options-
1. Basin boundary modification to the county line (current direction). As a result,Tehama
County would not be involved in the current proposed JPA.
2. Develop an MOU between the Butte County JPA and.the Tehama County GSA to
collaborate on the development of a single GSP and specify the Tehama County portion
of Vina as a Management Area.
3. Become party to the JPA. In this case,Tehama County would appoint one Member
Agency Director and an agricultural water user from the Tehama portion of the Vina
subbasin to the JPA Board (including alternates). Under this scenario, the JPA Board
would be composed of 7 board seats, all with full and equal voting rights.
Management and Operations
Vina 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 (See Appendix A for further detail). The Vina GSA Advisory Committee
is subject to the Brown Act and will be staffed by a member of the GSA Managers
31 Page
Vina Subbasin Draft Governance Proposal
Committee (see below). At-large members are appointed bythe JPA Board. Members
may include:
• Cal Water
• At-large agricultural water user
• At-large domestic well user
• At-large environmental
• Tribal representative
• Other Interests of Beneficial Uses and Users of Groundwater(Water Code
§10723.3)
Vina Management Committee
• Each Member Agency designates a staff member to participate on the Vina GSA
Managers Committee (MC)
• MC receives direction from the JPA Board
• MC makes recommendations and generates staff reports and proposals to the
Board
• MC staffs the Vina 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 Vina 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.
• Techn'icai Coordination:Butte County will take t e lead n' 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 Vina 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 by Member agencies, as needed.
Management Areas
As is consistent with state regulations, a Management Area refers to an area within a basin for
which a GSP may identify different minimum thresholds, measurable objectives, monitoring,
and projects and actions based on unique local conditions.The GSP must describe each
Management Area, including rationale for approach and demonstrate it can be managed
without causing undesirable results outside the Area.
41 Page
Vina Subbasin Draft Governance Proposal
• There will be three Management Areas within the Vina subbasin for the areas each of
the three Member Agencies overlies(Butte County, City of Chico, Rock Creek
Reclamation District).
• The Management Areas would have distinct "chapters" in the GSP establishing different
minimum thresholds, measurable objectives, monitoring and projects, etc. All chapters
must be consistent with the subbasin-wide sustainability goals.
• Each Management Area's governing bodies will have decision-making oversight for each
Management Area's "chapters"to the GSP.
• The JPA Board of Directors would be limited to reject a Management Area chapter for
regulatory non-compliance only.
Decision-Making
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 a 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)
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.
51 Page
Vina Subbosin Draft Governance Proposal
Preservations of Powers
• The Agency and all of its Members confirm that that 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/Richt 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 of that portion of the
subbasin and so notify DWR.
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Vina Subbasin Draft Governance Proposal
APPENDIX A
Advisory Committee to the Agency Board
The purpose of the Advisory Committee (AC) is to provide input and recommendations to the
Agency Board on Groundwater Sustainability Plan (GSP) development and implementation and
GSA policies.The intent of the AC is to provide community perspective and participation in the
GSA.
The AC will review and/or provide recommendations to the Agency Board on groundwater-
related issues that may include:
• Development, adoption, amendment of the GSP
• Sustainability goals and objectives
• Best management practices
• Monitoring programs
• Annual work plans and reports (including mandatory 5-year milestone reports)
• Modeling scenarios
• Inter-basin coordination activities
• Projects and management actions to achieve sustainability
• Community outreach
• Local regulations to implement SGMA
• Fee proposals
• Other
The AC will not be involved in the Agency's day to day operations, such as contracting,
budgeting, etc.
Membership
Composition of the AC is intended to represent the beneficial uses and users of groundwater
identified in the Sustainable Groundwater Management Act (SGMA). AC members may not
serve concurrently on the Agency Board. Members must live or work within the Vina subbasin
or represent an organization with a presence in the Vina subbasin.
The Agency Board will appoint a representative to the AC,for a total not to exceed 10
members. The following represents a draft, proposed list of possible AC representation:
• Cal Water
• At-large agricultural water user
• At-large domestic well user
• At-large environmental
• Tribal representative
• Other Interests of Beneficial Uses and Users of Groundwater(Water Code
§10723.3)
71 Page
Vina Subbasin Draft Governance proposal
Member Appointment
The Agency Board will appoint at-large members to fill AC seats. Interested individuals from the
community or organizations may apply to the Agency Board, designating in the application the
seat that the applicant would intend to fill.
The Agency Board encourages candidates with experience and familiarity with groundwater
and its management.The Agency Board will also give preference to applicants who have the
backing of multiple organizations or individuals and/or have experience working with diverse
community-based groups.
Application Timeline
The Agency Board will establish a timeline and process for appointment of the initial AC
following Agency formation. In subsequent years, applicants will submit an application for
vacant seats.The GSA will post applications on its website.
Advisory Committee Member Terms
AC member seats are four-year terms.AC members are not term-limited. However, each term
AC members must resubmit an application to the Agency Board.
The Agency Board can remove an AC member if the member fails to attend three consecutive
meetings or if the AC member no longer meets the criteria for AC membership. The Agency
Board will appoint alternates, if the Agency Board deems alternates necessary.
Decision Making and Governing Board Consideration
To inform Agency Board decision-making,the AC will provide written recommendations that
W
will,be-incl uded.in-Management-Co mmi.t.te.e-re.por.ts,,The-recommendations,will,identif.y areas._
of agreement and disagreement.The AC will strive for consensus when possible, but reaching
consensus is not necessary. Consensus means that everyone can at least "live with it."When
unable to reach.consensus on recommendations,the AC will outline the areas in which it does
not agree, providing some explanation to inform Agency Board decision-making.
Pursuant to Agency Board direction,the Management Committee will develop the annual work
plan and schedule for AC meetings. The AC will adopt a charter describing their purpose,
operating principles and ground rules that will be confirmed by the Agency Board.
The Agency Board will consider AC recommendations when making decisions. If that Agency
Board does not agree with the recommendations of the AC, the Agency Board shall state the
reasons for its decision.
Public Process
All AC meetings are subject to the Brown Act and will be noticed and open to the public.
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