HomeMy WebLinkAbout7.12.22 Board Correspondence - FW_ Corning Sub-basin Groundwater Sustainability Agency Committee Meeting- July 13, 2022 (2)
From:Paulsen, Shaina
To:BOS
Subject:Board Correspondence - FW: Corning Sub-basin Groundwater Sustainability Agency Committee Meeting- July 13,
2022
Date:Tuesday, July 12, 2022 9:23:48 AM
Attachments:22.07.13_CSGSA_Agenda_FINAL.pdf
Please see Board Correspondence below.
Shaina Paulsen
Associate Clerk of The Board
Butte County Administration
25 County Center Drive, Suite 200, Oroville, CA 95965
T: 530.552.3304 | F: 530.538.7120
From: Lisa Hunter <LHunter@countyofglenn.net>
Sent: Saturday, July 9, 2022 7:05 PM
Subject: Corning Sub-basin Groundwater Sustainability Agency Committee Meeting- July 13, 2022
ATTENTION: This message originated from outside Butte County. Please exercise judgment before opening
..
attachments, clicking on links, or replying.
Please see the attached Corning Sub-basin Groundwater Sustainability Agency Committee Meeting
agenda.
Regular Meeting of the Corning Sub-basin GSA Committee
July 13, 2022 | 9:30 a.m.
Glenn-Colusa Irrigation District Main Pump Station
7854 County Road 203, Orland, CA 95963
Alternate Meeting Location:
1177 Magnolia Ave., Larkspur, CA 93939
Remote Participation Option:
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or join by entering a meeting ID
Meeting ID: 277 251 579 011
Passcode: RBGE2y
Or call in (audio only)
+1 323-676-6164,,498623429# United States, Los Angeles
Phone Conference ID: 498 623 429#
Find a local number | Reset PIN
Learn More | Meeting options
________________________________________________________________________________
The agenda and meeting packet (when available) can also be found on the Glenn County website at:
https://www.countyofglenn.net/resources/minutes-agendas-water/corning-sub-basin-groundwater-
sustainability-agency-committee-july-0
Best Regards,
Lisa Hunter
Glenn County
Water Resource Coordinator
(530) 934-6540 (office)
County of Glenn
Glenn-Colusa Irrigation District
Monroeville Water District
Notice and Agenda
Regular Meeting of the Corning Sub-basin GSA Committee
July 13, 2022 | 9:30 a.m.
Glenn-Colusa Irrigation District Main Pump Station
7854 County Road 203, Orland, CA 95963
Alternate Meeting Location:
1177 Magnolia Ave., Larkspur, CA 93939
Remote Participation Option:
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or join by entering a meeting ID
Meeting ID: 277 251 579 011
Passcode: RBGE2y
Or call in (audio only)
+1 323-676-6164,,498623429# United States, Los Angeles
Phone Conference ID: 498 623 429#
Find a local number | Reset PIN
Learn More | Meeting options
________________________________________________________________________________
1. Call to Order
2. Roll Call
3. Meeting Minutes
a. *Approval of May 11, 2022 meeting minutes
4. Period of Public Comment
5. Staff Reports
6. *Approval of Revised 2022 Meeting Schedule
7. *Approve Agreement with Paris Kincaid Wasiewski, LLP to provide legal services to the
CSGSA
8. Corning Subbasin Groundwater Sustainability Plan
225 N. Tehama St. 530.934.6540
9. Corning Subbasin Advisory Board Report
10. Discussion on Executive Order N-7-22
a. *Approve Well Permit Acknowledgement Form and authorize staff to finalize
process with the Glenn County Environmental Health Department
11. Corning Sub-basin GSA 2022/2023 Budget
a. Short Term Funding Strategy
b. Provide direction on a proposed agreement among member agencies to fund
specific tasks or explore other potential options to meet short term funding needs
c. Discussion on appointing a fiscal agent for the CSGSA
12. Funding Mechanisms for GSP Implementation
a. *Approve issuing Request for Proposals To Provide Services to Develop and
Implement a Funding Mechanism for the Operations of the Corning Sub-basin
Groundwater Sustainability Agency and Implementation of the Groundwater
Sustainability Plan
b. *Authorize the Funding Mechanism RFP Ad Hoc Committee to complete all tasks
necessary to bring a consultant recommendation to the CSGSA
13. Corning Sub-basin GSA Committee Member Reports and Comments
14. Next Meeting
15. Adjourn
A complete agenda packet, including back-up information, is available for public inspection during normal work hours at 225
North Tehama Street, Willows, CA 95988. After posting of this Meeting Agenda, the public may request copies of support
information for public agenda items listed.
In compliance with the Americans with Disabilities Act, The Corning Sub-basin GSA Committee will make available to persons
with a disability disability-related modification or accommodations. Notification two days prior to the meeting will enable the
Corning Sub-basin GSA Committee to make arrangements to provide reasonable accommodations. If requested, this document
and other agenda materials can be made available in an alternative format for persons with a disability who are covered by the
Americans with Disabilities Act. Contact Lisa Hunter at 530-934-6540.
CERTIFICATION: Pursuant to Government Code § 54954.2 the agenda for this meeting was properly posted on or before 9:30
am on July 10, 2022.
Page | 2
County of Glenn
Glenn-Colusa Irrigation District
Monroeville Water District
Notice and Agenda
Regular Meeting of the Corning Sub-basin GSA Committee
July 13, 2022 | 9:30 a.m.
Glenn-Colusa Irrigation District Main Pump Station
7854 County Road 203, Orland, CA 95963
Alternate Meeting Location:
1177 Magnolia Ave., Larkspur, CA 93939
Remote Participation Option:
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or join by entering a meeting ID
Meeting ID: 277 251 579 011
Passcode: RBGE2y
Or call in (audio only)
+1 323-676-6164,,498623429# United States, Los Angeles
Phone Conference ID: 498 623 429#
Find a local number | Reset PIN
Learn More | Meeting options
________________________________________________________________________________
1. Call to Order
2. Roll Call
3. Meeting Minutes
a. *Approval of May 11, 2022 meeting minutes
4. Period of Public Comment
5. Staff Reports
6. *Approval of Revised 2022 Meeting Schedule
7. *Approve Agreement with Paris Kincaid Wasiewski, LLP to provide legal services to the
CSGSA
8. Corning Subbasin Groundwater Sustainability Plan
225 N. Tehama St. 530.934.6540
9. Corning Subbasin Advisory Board Report
10. Discussion on Executive Order N-7-22
a. *Approve Well Permit Acknowledgement Form and authorize staff to finalize
process with the Glenn County Environmental Health Department
11. Corning Sub-basin GSA 2022/2023 Budget
a. Short Term Funding Strategy
b. Provide direction on a proposed agreement among member agencies to fund
specific tasks or explore other potential options to meet short term funding needs
c. Discussion on appointing a fiscal agent for the CSGSA
12. Funding Mechanisms for GSP Implementation
a. *Approve issuing Request for Proposals To Provide Services to Develop and
Implement a Funding Mechanism for the Operations of the Corning Sub-basin
Groundwater Sustainability Agency and Implementation of the Groundwater
Sustainability Plan
b. *Authorize the Funding Mechanism RFP Ad Hoc Committee to complete all tasks
necessary to bring a consultant recommendation to the CSGSA
13. Corning Sub-basin GSA Committee Member Reports and Comments
14. Next Meeting
15. Adjourn
A complete agenda packet, including back-up information, is available for public inspection during normal work hours at 225
North Tehama Street, Willows, CA 95988. After posting of this Meeting Agenda, the public may request copies of support
information for public agenda items listed.
In compliance with the Americans with Disabilities Act, The Corning Sub-basin GSA Committee will make available to persons
with a disability disability-related modification or accommodations. Notification two days prior to the meeting will enable the
Corning Sub-basin GSA Committee to make arrangements to provide reasonable accommodations. If requested, this document
and other agenda materials can be made available in an alternative format for persons with a disability who are covered by the
Americans with Disabilities Act. Contact Lisa Hunter at 530-934-6540.
CERTIFICATION: Pursuant to Government Code § 54954.2 the agenda for this meeting was properly posted on or before 9:30
am on July 10, 2022.
Page | 2
County of Glenn
Glenn-Colusa Irrigation District
Monroeville Water District
Corning Sub-basin GSA Committee
Meeting Materials
July 13, 2022 | 9:30 a.m.
Glenn-Colusa Irrigation District Main Pump Station
7854 County Road 203, Orland, CA 95963
Alternate Meeting Location:
1177 Magnolia Ave., Larkspur, CA 93939
Remote Participation Option:
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or join by entering a meeting ID
Meeting ID: 277 251 579 011
Passcode: RBGE2y
Or call in (audio only)
+1 323-676-6164,,498623429# United States, Los Angeles
Phone Conference ID: 498 623 429#
Find a local number | Reset PIN
Learn More | Meeting options
________________________________________________________________________________
1. Call to Order
The Chair will call the meeting to order.
2. Roll Call
Staff will conduct roll call.
Corning Sub-basin GSAPage 1
225 N. Tehama St. 530.934.6540
7/13/22 Meeting Materials
3. Meeting Minutes
a. *Approval of May 11, 2022 meeting minutes
Draft meeting minutes are attached.
Attachments:
May 11, 2022 draft meeting minutes
Corning Sub-basin GSAPage 2
7/13/22 Meeting Materials
County of Glenn
Glenn-Colusa Irrigation District
Monroeville Water District
Corning Sub-basin GSA Committee
Meeting Minutes
May 11, 2022 | 9:30 am
Glenn-Colusa Irrigation District Pump Station
7854 County Rd 203, Orland, CA 95963
Public participation was also offered via teleconference
1. Call to Order
John Amaro called the meeting to order at 9:35 a.m.
2. Roll Call
Party Representative Member Agency
X Tom Arnold County of Glenn
X Grant Carmon County of Glenn
X John Amaro Glenn-Colusa Irrigation District
X Pete Knight Glenn-Colusa Irrigation District
Julia Violich Monroeville Water District
Seth Fiack Monroeville Water District
Lisa Hunter conducted roll call as noted above.
3. Meeting Minutes
a. *Approval of April 13, 2022 meeting minutes
No corrections or comments were made on the draft minutes.
On a motion by Mr. Arnold, seconded by Mr. Knight, the meeting minutes of April 13,
2022 were unanimously approved as presented.
4. Period of Public Comment
Matthew Sturdivant introduced himself as a consultant with LSCE and was
listening in on behalf of Eddy Teasdale.
5. Staff Reports
Ms. Hunter shared the Airborne Electromagnetic Survey (AEM) that Department of
Water Resources (DWR) is conducting statewide is expected to be in this area
from approximately April 26 through May 23. More information can be found
Corning Sub-basin GSAPage 3
225 North Tehama Street Willows, CA 95988 530.934.6540
7/13/22 Meeting Materials
online at: https://water.ca.gov/Programs/Groundwater-Management/Data-and-
Tools/AEM
Mr. Knight asked how accurate the information is; whereby Ms. Hunter explained
the general method and the need for known data (detailed well log data) to
correlate with AEM data. Pat Vellines, DWR, shared there will be a public meeting
relating to this topic, but the date has not yet been set. Ritta Martin asked if the
area to the west of Black Butte Lake would be covered under this survey. Ms.
Hunter encouraged her to review the DWR website which will show the flight lines
after the survey is conducted. Ben King stated the Groundwater Resources
Association (GRA) will be holding a webinar on this topic. Ms. Hunter also noted
that portions of the Colusa and Corning Subbasins were included in the Butte
County pilot study about three years ago and that information is also available.
Ms. Hunter reviewed the status of the Proposition 1 grant the associated
agreement with Montgomery & Associates (M&A). She noted the second
amendment for the grant had been approved which extended the administrative
task through June 30, 2022. The M&A contract has expired and there is no
longer consultant support.
Ms. Hunter reported the future Sustainable Groundwater Management Grants are
expected to open a Round 2 solicitation in September 2022 with agreements
being executed in July or August of 2023.
6. Presentation: Land IQ
Joel Kimmelshue, Land IQ, gave a presentation that provided an overview of Land
IQ, its history, and applications of the work product. He reviewed examples of
monthly field by field evapotranspiration, precipitation, and land use data that
has been used for SGMA compliance. He also showed examples of how this tool
can be used in the urban setting and cropping trends.
Del Reimers asked if soil type is accounted for; whereby Mr. Kimmelshue
answered that information is available.
Pete Knight asked for clarification on applied versus consumed water. Mr.
Kimmelshue responded the demand is the demand; however, an individual can
pump less, for instance, applying deficit irrigation during certain periods.
Individual economics then considers the degree that action impacts the crop and
to what degree versus water savings.
Ian Turnbull asked about the error associated with the data and how GSAs that
are billing based on this data are dealing with variability. Mr. Kimmelshue
responded the accuracy is estimated at +/- 5-7% based on measurements in
field.
Corning Sub-2
Corning Sub-basin GSAPage 4
7/13/22 Meeting Materials
Mr. Turnbull asked for clarification on the land use error. Mr. Kimmelshue stated
the error is tied to crop type. Rice is over 99% correct and almonds are 98.8%
accurate. Fallow versus first year tree crops are less accurate and ground-truthing
helps to increase the accuracy with that. Mr. Turnbull provided an example of a
GSA that is using a charging structure based on well inventory rather than
irrigating/not irrigating. Mr. Kimmelshue noted GSAs can use remote sensing ET
data or meter on a well to determine water use and the pros and cons must be
weighed to choose the right tool for the GSA. Discussion ensued.
Ms. Hunter asked if GSAs have used this method for billing based on ET in areas
with mixed groundwater/surface water use and how that could be reconciled. Mr.
Kimmelshue replied Land IQ cannot tell the water source. On the ground stations
have rain gauges, so precipitation can be measured and reconciled with the ET
values.
Del Reimers asked if the Land IQ data knows where all the irrigated acres are. Mr.
Kimmelshue stated then land use is mapped out with 97.6% accuracy and the
Land IQ data goes back to 2014. Mr. Reimers asked about the cost the data;
whereby, Mr. Kimmelshue said they charge by the acre for ET work and
depending on complexity, it could range from about $0.65- $2.00 per acre.
Mr. Turnbull asked how quickly a change in crop type is detected. Mr.
Kimmelshue responded the detection is correlated to size of project. Small areas
can be assessed in about a month. Some data is seasonal and would also need
to be accounted for.
Mr. Carmon asked about a cost estimate for irrigated versus non-irrigated lands.
Mr. Kimmelshue stated that type of project would be on a time and materials
basis.
Mr. Reimers asked if the DWR data is public; whereby Mr. Kimmelshue answered
that it is and offered free of charge to the public. He further noted that some
areas need the information faster or need additional information, and therefore,
pay to have the work done independent of the DWR dataset. Peak date tracking
can also provide useful information. Discussion ensued on timing and
applications of the data.
Ben King suggested this work be done at the IRWM level and noted this could be
a good way to distinguish between rangeland and irrigated acreage and may be a
more economical effort than metering. Mr. Kimmelshue suggested speaking with
other GSAs that have similar situation as far as land use.
The committee thanked Mr. Kimmelshue for presenting.
Corning Sub-3
Corning Sub-basin GSAPage 5
7/13/22 Meeting Materials
7. Discussion on Legal Counsel to represent the CSGSA as needed
Ms. Hunter summarized the committee began discussing this topic in March. It
was reported in April that Glenn County, County Counsel suggested the CSGSA
seek the services of an experienced water attorney and the committee requested
Ms. Hunter reach out to Valerie Kincaid of Paris Kincaid Wasiewski, LLP to
determine if the firm would be interested in serving as counsel to the CSGSA. Ms.
Kincaid responded affirmatively. Staff requested direction from the committee.
Holly Dawley asked if the CSGSA has a procurement policy. Members shared
respective relevant policy information. A simple on-call services agreement was
discussed.
Mr. Knight asked if there is anything coming that needs immediate attention. Ms.
Hunter replied the upcoming funding and budget discussions would likely need
counsel advice and also any potential agreements among the members.
Mr. King stated he is opposed to hiring a water attorney for day-to-day business
and county counsel could be used for Brown Act compliance. A specialized
attorney could be useful for targeted advice like fee studies.
Ms. Dawley suggested getting a list of qualifications from Ms. Kincaid and bring
that to the next meeting. Having someone on-call does not preclude the
committee from adding others for specific purposes. Discussion ensued. Mr.
Carmon suggested reaching out to Michael Colantuono relating to the fee
discussions.
Governance and fees currently imposed in the region were summarized and
discussed.
Staff was directed to request a draft contract and list of qualifications from Ms.
Kincaid and to reach out to Mr. Colantuono. This topic will come to the next
meeting as a possible action item.
8. Corning Subbasin Groundwater Sustainability Plan
a. Discussion on Corning Subbasin Groundwater Sustainability Plan implementation
and next steps
Ms. Hunter stated the links to the Groundwater Sustainability Plan (GSP) and
Annual Reports are located in the meeting packet and comments received on the
GSP are included in the meeting packet.
Ms. Hunter indicated the total cost of the Annual Report beyond what the grant
covered is approximately $12,000; however, not all the invoices are in yet.
Corning Sub-4
Corning Sub-basin GSAPage 6
7/13/22 Meeting Materials
Mr. King asked how the cost of the Corning Annual Report compared to the
Colusa Subbasin Annual Report; whereby Ms. Hunter indicated the costs were
comparable.
9. Corning Subbasin Advisory Board Report
Mr. Amaro stated there was robust discussion on the Annual Report presentation
at the April 6, 2022 CSAB meeting, which was covered in the report at the April
13 CSGSA meeting.
Ms. Hunter announced the next CSAB meeting is scheduled for June 8, 2022.
10. Discussion on Executive Order N-7-22
a. *Approve Well Permit Acknowledgement Form and authorize staff to finalize
process with the Glenn County Environmental Health Department
Mr. Amaro introduced the item and referenced the materials included in the
meeting packet.
Ms. Hunter summarized the background materials and discussion from the April
13, 2022 CSGSA meeting and noted that several GSAs in the region are using a
very similar Well Permit Acknowledgement Form.
Mr. Carmon stated that because replacement ag wells are being allowed under the
current well permit moratorium, it is important to have the Acknowledgement Form
in place to comply with the Executive Order. Mr. Amaro agreed.
Mr. King asked a question relating to replacement well depth. Mr. Carmon
responded that per the moratorium the replacement of a failed ag well is allowed
to go deeper than the original, but no bigger in diameter than the original well. Mr.
King relayed concerns about water quality at depth and suggested well depths be
recorded; whereby Mr. Carmon noted well depth is recorded on the logs.
On a motion by Mr. Carmon, seconded by Mr. Knight, it was unanimously approved to
send the proposed draft to the County and receive their input.
11. Corning Sub-basin GSA 2022/2023 Budget
a. Discuss Short Term Funding Strategy
b. Provide direction on a proposed agreement among member agencies to fund
specific tasks or explore other potential options to meet short term funding needs
Ms. Hunter stated the funding item has been discussed at the last few CSGSA
meetings and the committee requested that some additional information and
figures be brought back for consideration. Ms. Hunter reviewed the draft budget
provided in the GSP. If immediate term items are prioritized, the budget would be
Corning Sub-5
Corning Sub-basin GSAPage 7
7/13/22 Meeting Materials
be $65,667.
Mr. Amaro noted that although Glenn County has provided administrative services,
GCID does not have a large footprint in the basin and perhaps another allocation
method could be used. Mr. Knight asked if reimbursement at a later date would be
possible.
Mr. King asked if the GCID deep wells are located in the subbasin and noted that
even if their footprint is small, they may still pump groundwater.
Mr. Amaro suggested this be brought to the member boards for discussion. Mr.
Carmon suggested moving forward with an immediate interim funding mechanism
to help with these initial costs. Discussion ensued on initial budget figures,
considerations, and processes including local examples.
Mr. Carmon suggested to request each member provide a contribution of $40,000.
Members agreed to take the request to their respective member agency.
Mr. Reimers shared concerns about equitable distribution of charges, particularly
related to the rangeland areas. Pete Knight exited the meeting at approximately
11:25 a.m. Discussion ensued and there was general agreement in structuring a
fee that accounts for different land uses.
12. Discussion on Funding Mechanisms for GSP Implementation
a. *Appoint an ad hoc committee to develop and release a Request for Proposals to
solicit a consultant to develop and implement one or more funding mechanisms
for Corning Subbasin GSP implementation
The CSGSA was not in favor of creating an ad hoc committee. Ms. Hunter stated
the reason for the proposed ad hoc committee would be to serve as a working
group to prepare a draft Request for Proposals (RFP) and bring to the next board
meeting in a final draft form.
At re appointed to
serve on an ad hoc committee to bring a draft RFP to the CSGSA for
consideration.
Mr. Reimers asked for clarification on the $0.29 charge in Tehama County and
how much of that funding will support the Corning Subbasin. Discussion ensued
on
for their portion of the subbasin through their own funding mechanism (GSA
specific). There will also be shared costs and the GSAs will need to decide how to
split those costs. It is expected shared costs will be a future CSAB meeting topic.
Mr. Turnbull commented that early in the SGMA process, a proposal was made to
split the Corning Subbasin at the County line, and there was little support for that
Corning Sub-6
Corning Sub-basin GSAPage 8
7/13/22 Meeting Materials
proposal, which ultimately did not pass and the subbasin basin remained a single
subbasin.
Ms. Martin asked if a representative from the non-irrigated lands areas could be
added to the ad hoc committee. There was some discussion on the amount on
non-irrigated acreage within the CSGSA. Ms. Lely
Ms. Hunter clarified the ad hoc committee would only be developing the RFP and
bringing it back to a future meeting, not managing the RFP or the funding
discretion. Mr.
King suggested public participation at the ad hoc committee be allowed. The
committee was left as is, but there was a commitment to bring more detailed
funding mechanism discussions to board meetings during the process.
13. Corning Sub-basin GSA Committee Member Reports and Comments
Mr. Carmon announced the Drought Task Force meeting is scheduled
for May 12 at 3:00 p.m. DWR and GCID will each provide a report as well as an
update from DWR and the City of Orland on project.
14. Next Meeting
The next CSGSA is scheduled for June 8, 2022 at 9:30 a.m.
15. Adjourn
The meeting was adjourned at 11:48 a.m.
Corning Sub-7
Corning Sub-basin GSAPage 9
7/13/22 Meeting Materials
4. Period of Public Comment
Members of the public are encouraged to address the Corning Sub-basin GSA Committee.
Public comment will be limited to three minutes. No action will be taken on items under
public comment.
5. Staff Reports
Staff from members of the Corning Sub-basin GSA will provide relevant updates, such as
a brief status update of GSP implementation, grant agreement, and project agreement.
Reminders and clarifications may be made, and direction may be provided to staff.
6. *Approval of Revised 2022 Meeting Schedule
The CSGSA approved the 2022 meeting schedule on April 13, 2022. The committee
nd
generally meets at 9:30 a.m. on the 2 Wednesday of each month. Due to conflicts,
staff recommends considering a revised meeting schedule for the remainder of 2022.
The proposed meeting schedule revision options are attached.
Attachments:
2022 Meeting Schedule Proposed Revision Options
Corning Sub-basin GSAPage 10
7/13/22 Meeting Materials
County of Glenn
Glenn-Colusa Irrigation District
Monroeville Water District
CSGSA 2022 Meeting Schedule
nd
Meetings of the Corning Sub-basin GSA Committee will generally be held on the 2 Wednesday every
month. Meetings will be held at the Glenn-Colusa Irrigation Pump Station located at 7854 County Road
203, Orland, CA 95963. Exceptions are noted below.
Date Time Location
January 12, 2022 9:30 am
7854 County Road 203, Orland, CA
February 9, 2022 9:30 am
7854 County Road 203, Orland, CA
March 9, 2022 9:30 am
7854 County Road 203, Orland, CA
April 13, 2022 9:30 am
7854 County Road 203, Orland, CA
May 11, 2022 9:30 am
7854 County Road 203, Orland, CA
June 8, 2022 9:30 am
7854 County Road 203, Orland, CA
Rescheduled to June 22, 2022
Cancelled
July 13, 2022 9:30 am
7854 County Road 203, Orland, CA
August 10, 2022 9:30 am
7854 County Road 203, Orland, CA
September 14, 2022 9:30 am
7854 County Road 203, Orland, CA
October 12, 2022 9:30 am
7854 County Road 203, Orland, CA
November 9, 2022 9:30 am
7854 County Road 203, Orland, CA
December 14, 2022 9:30 am
7854 County Road 203, Orland, CA
Note: Meetings may be conducted by teleconference when allowed under special circumstances such as
following the conditions of AB 361 or Executive Orders allowing such meetings.
Approved 4/13/22
Proposed Revision Options:
rd
A.3 Thursdays at 1:30 pm
rd
B.3 Fridays at 9:30 am
rd
C.3 Fridays at 1:30 pm
th
D.4 Fridays at 9:30 am
th
E. 4 Fridays at 1:30 pm
rdrdth
3 Thursdays 3 Fridays 4 Fridays
August 18, 2022 August 19, 2022 August 26, 2022
September 15, 2022 September 16, 2022 September 23, 2022
October 20, 2022 October 21, 2022 October 28, 2022
November 17, 2022 November 18, 2022 November 25, 2022 (Holiday)
November 18, 2022
December 15, 2022 December 16, 2022 December 23, 2022 (Holiday)
December 16, 2022
Corning Sub-basin GSAPage 11
225 N. Tehama 530.934.6540
7/13/22 Meeting Materials
7. *Approve Agreement with Paris Kincaid Wasiewski, LLP to provide legal services to the
CSGSA
As the GSA moves forward, it is important to consider formalizing an arrangement for Legal
Counsel to represent the CSGSA on an as-needed basis. At the March 9, 2022 meeting,
there was general consensus to request Glenn County, County Counsel to provide these
services and consult with outside counsel as needed.
At the April 13, 2022 meeting, staff reported that Glenn County, County Counsel suggested
seeking the services of an experienced water attorney. At that meeting, staff was directed
to reach out to Valerie Kincaid, with Paris Kincaid Wasiewski, LLP to determine if she would
be interested in providing legal services to the CSGSA.
Staff reached out to Ms. Kincaid, and reported the firm had indicated they would be
interested in serving as counsel to the CSGSA. Anticipated expenses would be dependent
on the level of support the GSA requires, but could include meetings, research, memos,
litigation, and other deliverables directed by the Committee. The 2022 Rate Sheet was
also provided.
At the May 11, 2022 meeting, staff was directed to request a draft contract and
qualifications from Ms. Kincaid and bring to a future meeting as a potential action item.
Ms. Kincaid provided a Statement of Qualifications and a Legal Services Agreement which
are both attached.
Attachments:
Paris Kincaid Wasiewski Statement of Qualifications
Legal Services Agreement between Corning Sub-basin Groundwater Sustainability
Agency and Paris Kincaid Wasiewski
Corning Sub-basin GSAPage 12
7/13/22 Meeting Materials
WWW.PARISKINCAID.COM
Contact Person:
Valerie C. Kincaid
vkincaid@pariskincaid.com
1800 J Street
Sacramento, CA 95811
Telephone: (916) 993-3962
Fax: (916) 264-2040
TABLE OF CONTENTS
A. EXECUTIVE SUMMARY ........................................................................................................................................2
B. STATEMENT OF QUALIFICATIONS ......................................................................................................................3
1. Scope of Services ........................................................................................................................................3
2. Key Personnel .............................................................................................................................................4
3. Firm Qualifications......................................................................................................................................8
Corning Sub-basin GSAPage 13
7/13/22 Meeting Materials
A. EXECUTIVE SUMMARY
Paris Kincaid Wasiewski LLP (PKW or Firm) was originally founded in 1997 and has provided general
counsel and special counsel legal services to public agencies for more than 20 years. The Firm has
clients throughout the state, and serves irrigation districts, water districts, mutual water companies,
special districts, local public agencies, and groundwater sustainability agencies.
The Firm has three partners, specialized litigation counsel, several associates at any given time, and a
full-time legal assistant.
The Firm has a satellite office in Chico, but is headquartered in Sacramento. Email, website and other
contact information is as follows:
Address: 1800 J Street, Sacramento, CA 95811
Telephone: (916) 993-3962
Fax: (916) 264-2040
Website: www.pariskincaid.com
Email: vkincaid@pariskincaid.com (direct email for Valerie Kincaid)
PKW has the expertise to provide legal advice and services for the provision of General Counsel
services, including, but not limited to, the following areas:
Brown Act
Public Records Act
Public contract law, including public works bidding
Public agency ordinances, resolutions, policies, and procedures
Conflict of interest and ethics
Risk avoidance including claims processing and management
Grant management and compliance
Environmental law including California Environmental Quality Act (CEQA) and National
Environmental Policy Act (NEPA)
Public agency assessment and fee setting
Interagency agreements including JPAs
Groundwater law and the Sustainable Groundwater Management Act (SGMA), including a
thorough understanding and knowledge of the California Department of Water Resource
in groundwater management, implementation, administration and enforcement
2
Corning Sub-basin GSAPage 14
7/13/22 Meeting Materials
Water rights
State and federal project operations, (including their Cooperative Operating Agreement or
COA), Warren Act, etc.
Groundwater banking
Water transfers (local, north of the Delta and through-Delta transfers)
Use of reclaimed and recycled water
PKW specializes in public agency law, with specific expertise in law related to environmental and
water resources; it does not provide legal services in the areas of human resources and
employment. Instead, it has existing relationships with law firms that specialize in human
resources who are able to provide the following services:
Act (PEPRA), Occupational Safety and Health Administration (OSHA) and Cal OSHA safety
requirements (such as Injury Illness and Prevention Plans), employee training requirements
(such as AB1234 and others).
B. STATEMENT OF QUALIFICATIONS
1.Scope of Services
a. Attend all meetings of the Board of Directors and Board Committees, as
requested by the Board, management, or other appropriate staff as directed by
the staff;
b. Provide written and oral legal advice, opinions, and consultation on all matters
affecting the Board of Directors, Board Committees, management, and other
appropriate staff as directed by the staff, as requested and in accordance with
the existing policies and procedures;
c. Be available by telephone, electronic mail, video conference, and other means of
communication, for consultation with management or staff, on legal matters;
d. Draft and review legal documents as necessary, including resolutions and
policies; contracts and other agreements; real property instruments such as
deeds, leases, purchase agreements, easements, and licenses; public works
construction documents; memoranda of understanding; and other legal
documents;
e. Provide advice and representation on existing and potential litigation;
3
Corning Sub-basin GSAPage 15
7/13/22 Meeting Materials
f. Attend and participate in meetings, telephone calls, video conferences, and
other discussions or forums;
g. Assist management, and/or its staff in implementing policies, resolutions, and/or
other decisions;
h. Communicate and obtain direction from regulators on groundwater
sustainability plans, implementation thereof, or other;
i. Where appropriate, supervise and coordinate with outside special legal counsel;
j. Monitor developments in legislation and case law and advise on significant
regulations, activities and developments;
k. Represent the prosecution and/or defense of any and all claims, charges,
lawsuits and other proceedings, including but not limited to water rights,
groundwater rights, water use, or other water related issues, and compliance
with applicable environmental laws, before any court, board, or other tribunal;
l. Regularly advise on the status and progress of any litigation, claims, charges,
lawsuits or other proceedings, and promptly convey any and all settlement
offers.
2. Key Personnel
All attorneys at PKW are admitted to practice law in the State of California and are members in good
standing of the State Bar.
VALERIE C. KINCAID (SBN 231815) Lead Counsel
Valerie Kincaid is a partner at the Firm whose practice focuses on water law, including water rights,
water transfers, water quality, and groundwater matters. She also handles environmental law issues
related to the use of water resources, including state and federal endangered species law, public trust
issues, and state and federal environmental regulations. Ms. Kincaid represents various public
irrigation districts, water districts, and water authorities in the areas of permitting, enforcement, and
regulatory matters at both the administrative and judicial levels. Prior to working in water law,
Ms. Kincaid specialized in mortgage derivative securities while practicing in Washington, DC.
Ms. Kincaid is a graduate of Colgate University, in Hamilton, New York, where she received her
Bachelor of Arts Degree in Anthropology. She obtained her Juris Doctor from the American University
School of Law, Washington, D.C. in 2002. Ms. Kincaid is a member of the California State Bar and the
Sacramento County Bar Association.
Ms. Kincaid regularly speaks on the topic of water rights and water resources, including Water Rights
Enforcement Proceedings Before the State Water Board (2009 ACWA Conference), Regulations
Affecting the Use of Water in California (2011 AEP Annual State Conference), Water District Practice
4
Corning Sub-basin GSAPage 16
7/13/22 Meeting Materials
(2012 Water Education Foundation Water 101-The Basics and Beyond), Overview of the California
Water Action Plan (Contemporary Groundwater Issues Council Workshop on May 13, 2014), GSA
Formation Mandated Coordination or Unintended Confusion (ACWA SGMA Summit on October 14,
2015), and Delta Reform Act (2016 Water Education Foundation Water 101The Basics and Beyond),
Effective Water Rights Response to Climate Change (Kern County Water Summit), January 2021
Improving Water Rights Administration and Oversight for Future Droughts, (UC Berkeley Advisory
Group), May 25, 2021 Effective Water Rights Response to Climate Change (Kern County Water
Summit), July 21, 2021 Groundwater Trading: Presentation on Groundwater Rights Law (California
Water Commission), October 8, 2021 SGMA Litigation /Legal Review (ACWA Regions 6 & 7 San Joaquin
Valley Water Forum), October 14, 2021 Learning from our Dry History: Lessons for a Drought-Prone
California (Yosemite Conference, Speaker with Felicia Marcus, Cliff Lee, Nell Green), October 19, 2021
Water Law Society (Panel McGeorge School of Law), December 2021 Groundwater Trading: How
Groundwat (2021 ACWA Conference).
Representing irrigation districts in formation of a groundwater sustainability agency, including
compliance with notice requirements, public hearing requirements, and submission of
groundwater sustainability agency election to the Department of Water Resources.
Providing counsel to several water districts, cities, counties, and regional community districts to
form a joint powers authority whose purpose was to elect to become a groundwater
sustainability agency and develop a groundwater sustainability plan.
Providing counsel regarding adjudicated judgment and its impact on water extractions and
operations.
Providing counsel regarding resolution of overlapping boundaries and jurisdiction in order to
comply with the Sustainable Groundwater Management Act.
Providing counsel regarding basin boundary adjustment with the Department of Water
Resources.
Providing counsel regarding the coordination among groundwater sustainability agencies in a
single basin, including drafting coordination agreements and memorandums of agreement to
govern specific groundwater basins.
Providing counsel to water banking operations to facilitate the storage, recovery, and recharge
of groundwater basins.
Providing private mining client advice and counsel regarding overlying groundwater rights.
Defending private water utility in an enforcement action for alleged violations of groundwater
pumping.
State Water Board.
Representing water districts in California on management of water rights, water transfers,
change petitions, and protection against infringing water applications.
5
Corning Sub-basin GSAPage 17
7/13/22 Meeting Materials
Representing water authority with multiple district members in the southern Delta responsible
for the operation and maintenance of Central Valley Project facilities for the Bureau of
Reclamation, including counsel on California water law and federal reclamation law.
Counseling water districts, water authorities and private landowners on compliance with waste
discharge requirements, National Pollution Discharge Eliminating System (NPDES)
requirements, the Clean Water Act, and California Porter-Cologne Act.
Representing water utility in adjudication involving allegations of public trust doctrine
violations.
Representing water authority regarding due process requirements of the State Water Board.
Representing public water districts and private parties regarding incidental take permits,
biological opinions, and habitat conservations plans, including section 7 consultations.
Providing counsel to water utilities and water districts regarding the use and development of
Urban Water Management Plans.
Representing water district in action against private parties diverting water without a valid basis
of right.
WILLIAM C. PARIS, III (SBN 168712) Supporting Counsel
William Paris represents public and private clients in all manner of complex water issues, including
water rights adjudications, changes to water rights, water transfers, public trust issues and water use
reporting. He routinely counsels clients on the nature, extent, and limitations of the exercise of their
water rights, and the effect that CEQA, NEPA, ESA and other governmental processes and
requirements will have on proposed or existing activities. Mr. Paris acts as general and special counsel
to a variety of public agencies, including irrigation districts, water districts, reclamation districts and
community services districts, and provides advice regarding open meeting laws and public records,
contracts, and real property.
Mr. Paris is a graduate of Ohio State University, where he received his Bachelor of Arts degree in
History in 1990. He graduated cum laude, with Distinction in History, and with Honors in the Liberal
Arts, and was elected to Phi Beta Kappa in 1991. He obtained his Juris Doctor from the
George Washington University School of Law, Washington, D.C. in 1993. Mr. Paris is a member of
the California State Bar and the Butte County Bar Association.
all aspects of civil litigation in both state and federal courts, as well as
before a variety of administrative agencies including the State Water Board and the Central Valley
Flood Control Board. He has authored several appellate briefs for clients before the United States
Court of Appeals for the Ninth Circuit, Third and Fifth District Courts of Appeal.
6
Corning Sub-basin GSAPage 18
7/13/22 Meeting Materials
Mr.
Representing private landowners in challenges to the nature, extent, and use of their historic
water rights.
Representing and advising landowners and irrigation districts on the nature, extent and use of
their water rights as defined in various stream adjudications.
Co-counsel for irrigation district in several CEQA challenges to water transfers which were
successfully defended in superior court.
Representing irrigation districts in lawsuit in federal district court, and subsequent appeal in the
Ninth Circuit, concerning the propriety of listing Central Valley steelhead as a threatened
species.
Co-counsel in State Water Resources Control Board adjudication, upheld on appeal, finding
certain in-delta water users were illegally diverting water.
Defending irrigation district in challenge to its water rights confirmed by decree.
Representing an irrigation district before state and federal agencies as part of the FERC
relicensing.
Representing a reclamation district before state and federal agencies as part of an effort to get
a new flood control levee authorized, funded, and constructed.
Defending irrigation district in challenge to its water rights confirmed by adjudication.
TIMOTHY J. WASIEWSKI (SBN 302306) Supporting Counsel
Timothy Wasiewski focuses on assisting public and private clients with complex water and
environmental law issues, including water right priority, stream adjudications, the Endangered Species
Act, water quality issues and water transfers. He also represents public agencies and other clients in
hearings before the State Water Board, and in state and federal courts.
Mr. Wasiewski graduated from the University of Delaware, where he earned a Bachelor of Science in
Business Administration, with a concentration in Finance. He obtained his Juris Doctor from Syracuse
University, College of Law, where he graduated magna cum laude in 2006. Mr. Wasiewski is admitted
to practice law in California and New York.
representative experience includes:
revisions to the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary.
Representing a public power authority in a construction defect case.
pre-1914 water rights.
7
Corning Sub-basin GSAPage 19
7/13/22 Meeting Materials
Representing irrigation districts as intervening parties in a challenge to the U.S. Fish and
Endangered Species Act.
Representing public agencies in CEQA challenges at the trial and appellate levels.
Successfully defended a public irrigation district in a challenge by a private landowner
demanding out-of-district water supply.
rights hearing on the California Waterfix project.
Represented irrig
interpretation of the public trust doctrine.
Defended private landowner in challenge to water rights confirmed by the Shasta River Decree.
Represented growers and farmers in action against water district for distribution of payments
owed for rice crop damage due to cold water releases pursuant to the Agreements on Diversion
of Water from the Feather River and Settlement of Issues Related to the Temperature of Water
Diversions.
Represented irrigation district as an intervening party in an action against the State Water
Resources Control Board challenging the issuance of orders granting Temporary Urgency
Change Petitions.
JONATHAN R. MARZ (SBN 221188) Litigation Counsel
Jonathan Marz counsels and represents public agency and private clients in matters involving water
rights and related environmental issues. He provides litigation counsel to water districts, groundwater
sustainability agencies, cities, and counties with regard to public trust litigation, challenges to agency
permitting, compliance with the Sustainable Groundwater Management Act, and other civil litigation
matters related to environmental and water resources. He has also handled complex business disputes
including contract breaches, thefts of trade secrets, and unlawful competition.
Mr. Marz graduated from University of California, Davis with a double major in Political Science and
History, and obtained his Juris Doctor from Santa Clara University School of Law.
3. Firm Qualifications
The following is a summary of the F
for each of the following subject matters:
a. Laws and regulations governing California special districts and municipalities and
governance of public entities.
The Firm regularly provides counsel to boards of directors for water, irrigation, and special districts.
8
Corning Sub-basin GSAPage 20
7/13/22 Meeting Materials
Ralph M. Brown Act, the Public Records Act, and the Government Code, including advice and
consultation on notice and agenda requirements, regular, special, and emergency meeting legal
requirements, and Public Records Act responses. The Firm provides direction to public agencies during
public meetings on questions regarding conflicts of interest, closed sessions, quorum requirements,
voting procedure, and adjourning public meetings.
b. Sustainable Groundwater Management Act compliance.
The Firm assisted in the development and origination of several groundwater sustainability agencies in
compliance with the Sustainable Groundwater Management Act (SGMA), by drafting joint powers
agreements and memoranda of understanding. During the development of groundwater sustainability
plans, the Firm provided GSAs with interpretation and guidance on the requirements of SGMA. In this
representation, the Firm works with consultants and regulatory agencies to provide advice and counsel
on how best to develop sustainable management criteria, programs, management actions, and
otherwise work with adjacent GSAs and subbasins. In addition, the Firm provides litigation
representation to several subbasins and GSAs whose groundwater sustainability plans are being
challenged.
c. Water rights and water quality matters in state courts and before the State Water
Resources Control Board, Regional Water Quality Control Board.
The Firm has extensive experience in water law, regularly counseling water agencies and irrigation
districts on the interpretation of the Clean Water Act, the Porter-Cologne Water Quality Control Act
(Porter-Cologne Act), compliance with water quality regulations, and on water rights issues. The
(State Water Board), Regional
Water Quality Control Boards, the United States Army Corps of Engineers, the United States
Environmental Protection Agency, and the Federal Energy Regulatory Commission on the
application and administration of the Clean Water Act and the Porter-Cologne Act relating to water
quality compliance matters.
The Firm represents public and private entities in obtaining, developing, and protecting water rights
and developing reliable water supplies. This practice centers on complex regulatory and
environmental laws that govern water diversion, use, and management. The Firm frequently
represents clients in water rights hearings and enforcement actions in front of the State Water
Board.
The Firm regularly challenges the actions of the State Water Board as a regulating entity, including,
but not limited to, the representation of a joint powers authority challenging the State Water
(1) revisions to the Water Quality Control Plan for the San Francisco Bay/
Sacramento-San Joaquin Delta Estuary; (2) the Enhanced Water Use Reporting and Curtailment
Diversions due to Lack of Water Availability in the Sacramento San Joaquin Delta Watershed; and
(3) the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters
of the State. The Firm is currently litigating several matters at the trial and appellate level related to
the protection of pre-1914, appropriative, and riparian water rights.
9
Corning Sub-basin GSAPage 21
7/13/22 Meeting Materials
d. Environmental Compliance, including California Environmental Quality Act (CEQA),
federal National Environmental Policy Act (NEPA); California and federal Endangered
Species Act; federal Clean Water Act and the California Porter-Cologne Water Quality
Act.
The Firm regularly advises clients in analyzing the environmental impact of projects, specifically
specializing in compliance with the California Environmental Quality Act (CEQA). Attorneys at the Firm
review negative declarations, environmental impact reports, and other documents for compliance with
CEQA. In addition, the Firm reviews and provides comments on CEQA documents analyzing projects
The Firm has experience litigating CEQA cases at the trial and
appellate levels on behalf of public sector clients.
The Firm has represented, and currently represents, clients challenging actions by the State Water
Resources Control Board based on violations of the Porter-Cologne Act and the federal Clean Water
Act, including a challenge to the Water Quality Control Plan for the San Francisco Bay/Sacramento-
San Joaquin Delta Estuary, and a challenge to the State Wetland Definition and Procedures for
Discharges of Dredged or Fill Material to Waters of the State.
The Firm currently represents a client as a defendant-intervenor in the ongoing litigation challenging
the 2019 biological opinions issued by the National Marine Fisheries Service and U.S. Fish and Wildlife
Service for the long-term operation of the CVP and SWP, in which multiple violations of the federal ESA
are alleged. The Firm also represented clients in challenges to the 2009 biological opinions under the
federal ESA.
e. Permitting and regulatory processes.
The Firm has significant experience working through permitting and regulatory issues with a variety of
state and federal agencies. For example, it was lead counsel for Reclamation District #2140 (RD 2140)
in Hamilton City, California, in its effort to construct a new flood control levee adjacent to the
Sacramento River by the U.S. Army Corps of Engineers. Over a 20-year period, this effort included
permitting and approvals from the Central Valley Flood Protection Board, the California Department of
Fish and Wildlife, California Department of Water Resources (grant funding), and U.S. Fish and Wildlife
Service.
The Firm is also special counsel to Modesto Irrigation District in its effort to relicense the Don Pedro
Hydroelectric Project on the Tuolumne River with the Federal Energy Regulatory Commission. This
effort has included a 401 certification from the State Water Board, the development and conduct of
studies required by the Bureau of Land Management, National Marine Fisheries Service, U.S. Fish and
Wildlife Service, and California Department of Fish and Wildlife regarding recreation, aquatic species,
terrestrial species, and economic impacts associated with new license conditions, and the
development of proposed license conditions.
As mentioned, the Firm regularly works with South San Joaquin Irrigation District on regulatory issues
10
Corning Sub-basin GSAPage 22
7/13/22 Meeting Materials
involving the USBR, including CVPIA, the biological opinion for the combined operations of the CVP and
SWP, its compliance with its obligations under the 1995 water quality control plan
for the Bay-Delta, and ESA issues regarding salmon and trout.
f. Preparation, review and adoption of legal opinions, contracts, agreements, memoranda
of understanding (including risk transfer and avoidance provisions), resolutions, and
policies.
The Firm regularly provides legal memoranda and opinions for its clients. This practice includes
drafting legal opinions regarding legal exposure, risks of undertaking projects, exposure to
water rights litigation, ability to transfer water, ability to put water to beneficial use, risks of
implementing conservation programs, risks of marketing surplus water, the risks of storing
groundwater, and other issues that face water district clients. For example, the Firm drafted a
legal white paper regarding groundwater rules of law with regard to priority, use, development
of new water, importation of supply, lacking hydrologic connectivity, overdraft, and other
salient issues to determine legal claims to common groundwater supplies.
The Firm also drafts resolutions and policies for public agency clients. The Firm recently drafted
resolutions for its groundwater sustainability agency clients to adopt conflict of interest policies,
and to elect to become groundwater sustainability agencies. It has also drafted resolutions
regarding Proposition 218 fee processes, contracts with consultants, and resolutions to appoint
technical advisory committees, among other things.
g. Governance of special districts and municipalities, including amendments and bylaws.
The Firm helped establish RD 2140, including the drafting of its bylaws and charter. It continues to
work with RD 2140 on keeping its governing documents up to date, as well as resolutions
memorializing Board action.
The Firm was general counsel to Modesto Irrigation District from 2006-2012, and in that capacity
drafted new bylaws, amended existing bylaws, and generally worked to keep the governing documents
consistent with changes in the law.
The Firm recently drafted several joint powers agreements to form groundwater sustainability
agencies, amendments to existing joint powers agreements to facilitate the compliance with
SGMA), and bylaws for newly formed
agencies. In addition, the Firm currently provides counsel to several multi-agency groundwater
sustainability agencies, some with as many as 18 members. These members include cities,
counties, water districts, reclamation districts, and irrigation districts. The Firm regularly works
with counsel for each of the diverse members, including convening and leading attorney groups,
and guiding large policy group meetings.
h. Public works procurement, bidding, award and construction process, including state and
federal grants, the California Public Contract Code and Labor Code.
11
Corning Sub-basin GSAPage 23
7/13/22 Meeting Materials
requirements associated with competitive lowest responsible bidder, qualifications-based
the negotiation and procurement of contracts with private entities, including competitive
procurements and negotiated contracts.
drafting and reviewing a wide variety of contracts, including purchase orders, service agreements,
consulting agreements, operations and maintenance contracts, and development agreements.
i. Real estate law, land use, easements, rights-of-way, encroachment permits, and other
related agreements and negotiations.
The Firm advises local agencies regarding eminent domain and condemnation. The Firm has handled
eminent domain processes including acquisition of easements for access, valuation matters,
assessment of public use, remnant land analysis, and acquisition of land for habitat development.
The Firm also advises public agencies in land use and planning law.
agencies on annexations, legal implications of general plans, specific plans, and zoning regulations.
Members of the Firm have prepared land use documents such as development agreements,
indemnification agreements, and local agency formation commission (LAFCO) documents.
j. Legislative guidance.
The Firm works closely with lobbyists and other consultants to seek legislative changes or executive
branch policy changes at both the federal and state level, including travelling to Washington DC and
Sacramento to meet with lawmakers and executive branch staff, including Senator Feinstein;
Congressman Herger; Congressman Denham; Congressman Garamendi; Congressman Harder;
Congressman La Malfa; Assistant Secretary of the Army Jo-Ellen Darcy; Assistant Secretary of the
Army John Paul Woodley; NOAA Fisheries Administrator Oliver; U.S. Fish and Wildlife Service
Director Skipwith; California Department of Fish and Wildlife Director Bonham; California Department
of Water Resources Director Nemeth; California EPA Secretary Blumenfeld; and California Natural
Resources Director Crowfoot.
The Firm drafted and shepherded legislation which became current Water Code section 21377.5,
which allows Oakdale Irrigation District and South San Joaquin Irrigation District, to act together as the
Tri Dam Project. The firm also drafted and shepherded legislation which became Section 4010(d) of
the Water Infrastructure Improvements for the Nation Act (WIIN Act) (Pub. L. No. 114-322), which
establishes a program to study the impacts of removing striped bass and other non-native predators
from the Stanislaus River.
On behalf of RD 2140, the Firm worked with the Obama Administration to get the Hamilton City levee
project authorized in the Water Resources Development Act of 2007 (Pub. L. No. 110-114, Title I,
§1001(8)), and then funded in separate appropriations bills.
The Firm also represented several clients and participated in advisory panels with the Department of
12
Corning Sub-basin GSAPage 24
7/13/22 Meeting Materials
s attorneys met with the Department, reviewed proposed regulatory language, suggested
language revisions, and developed alternate options for regulatory action.
k. Rates, Fees, Assessments, and Tax counsel.
The Firm has led several of its clients through the process to enact, update and collect property
related fees and assessments. The Firm is familiar with the requirements of Propositions 26 and
218 and their applicability to public agency fees, assessments, and rate structures. Specifically,
the Firm has worked with public agencies to enact an assessment for the construction and
maintenance of levee features. In addition, the Firm has counseled groundwater sustainability
agency clients on developing, noticing, holding public hearing, adopting and certifying results
related to property related fees for groundwater management.
13
Corning Sub-basin GSAPage 25
7/13/22 Meeting Materials
LEGAL SERVICES AGREEMENT
Paris Kincaid Wasiewski the Corning Subbasin Groundwater Sustainability
Agency
retention of LAW FIRM by CLIENT to provide legal advice and services.
SECTION ONE
Scope of Representation
CLIENT retains LAW FIRM to act as its counsel. CLIENT intends and expects that LAW FIRM shall
provide all legal advice and services that it requires, in accordance with, and except as expressly
provided by, the terms and conditions of this AGREEMENT. In accordance with California Rules
of Professional Conduct Rule 3-600, the CLIENT, acting by and through its governing body, is the
CLIENT for purposes of this AGREEMENT.
A. Non-Litigation Matters.
(1) LAW FIRM shall provide written and oral advice to CLIENT on
matters pertaining to the compliance with the Sustainable
Groundwater Management Act (SGMA), the development and/or
defense of groundwater sustainability management and planning.
LAW FIRM shall assist staff and support on any matter related to
groundwater law, development of groundwater regulation, or
SGMA interpretation.
SECTION TWO
all be based upon an hourly fee
arrangement.
A. Hourly Fee.
(1) LAW FIRM will be paid for its advice and legal services based on
the number of hours expended on behalf of CLIENT multiplied by
400 per hour for services provided by
partners on behalf of CLIENT, and $300 per hour for services
provided by any other attorney of LAW FIRM on behalf of CLIENT.
pariskincaid.com Mailing:
Phone: (916) 993-3962 1800 J Street 117 Meyers Street, Suite 100
Fax: (916) 264-2040 Sacramento, CA 95811 Chico, CA 95928
Corning Sub-basin GSAPage 26
7/13/22 Meeting Materials
Page 2
(2) LAW FIRM shall charge no more than the hourly rate quoted
above unless otherwise agreed in a written agreement signed by
the LAW FIRM and the CLIENT.
(3) For all services performed by paralegals for the CLIENT, the
CLIENT shall pay for such services at a rate of $100 per hour.
CLIENT shall not be responsible for such charges unless it has
agreed to pay them in advance.
(4) Time charges will be computed and billed to the tenth of an hour.
B. Reimbursable Expenses.
(1) CLIENT agrees to pay the actual and reasonable costs and
expenses incurred by LAW FIRM in the performance of its advice
and legal services, including multi-party long-distance conference
calls, photocopying, overnight or expedited delivery fees, court
C. Non-reimbursable Expenses.
(1) LAW FIRM shall not charge CLIENT for meals, overtime, word
processing or computer charges, library materials, stationery, office
supplies or utilities.
(2) LAW FIRM shall pass through to CLIENT the actual costs of any
reimbursable expense incurred by LAW FIRM through an outside
vendor, and will not add any mark-up or surcharge for such services.
(3) LAW FIRM shall not charge CLIENT for any item which is properly
D. Experts and Consultants.
(1) To aid the LAW FIRM in the provision of advice and legal services
to CLIENT, LAW FIRM may need to retain experts, consultants or
investigators. LAW FIRM will not hire such persons unless CLIENT
agrees to pay their fees and charges.
(2) LAW FIRM will be responsible for selecting and managing the
services of any expert, consultant or investigator.
Corning Sub-basin GSAPage 27
7/13/22 Meeting Materials
Page 3
SECTION THREE
Billing Agreement
A. Unless otherwise agreed to in writing, LAW FIRM shall issue monthly bills
within fifteen (15) days after the close of each month.
(1) The monthly bill shall clearly identify each person performing services
in conjunction with each entry.
(2) The monthly bill shall record the time expended by each person in
conjunction with each entry.
(3) The monthly bill will describe, within each itemized daily task entry, in
sufficient detail, the project or task each service relates to, the
subject and purpose of each service, and the names of others who
were present or communicated with in the course of performing the
service.
B.
discussion of this AGREEMENT or in discussions concerning questions
regarding the monthly bill.
C. CLIENT shall not be required to provide LAW FIRM with a retainer or
other advance fee.
D.
will be placed on the agenda for consideration and approval at the next
E. Unless advance CLIENT approval is obtained, LAW FIRM will not have
more than one person bill for court appearances, attendance at
depositions, meetings and internal conferences.
F. LAW FIRM shall receive no other compensation in any manner of form
than that provided for expressly by this AGREEMENT.
SECTION FOUR
Cooperation and Withdrawal
Corning Sub-basin GSAPage 28
7/13/22 Meeting Materials
Page 4
A. CLIENT agrees to disclose truthfully all relevant information to LAW FIRM
upon request.
B. CLIENT will make its management and staff, and any documents, or
things under its control, available to LAW FIRM at reasonable times and
places for such conferences, inspections, discussions or legal proceedings
as may be necessary from time to time.
C.
or telephone number.
D. Failure of CLIENT to seek counsel of LAW FIRM before taking any action
which may affect the course of any matter for which LAW FIRM is
providing CLIENT with advice and legal services represents sufficient
grounds for LAW FIRM withdrawal from employment.
E. LAW FIRM shall not withdraw from employment unless it has provided
CLIENT with a written notice, identifying the reasons for withdrawal, at
least fourteen (14) days prior to withdrawal.
F. All documents presented by CLIENT to LAW FIRM remain the exclusive
property of CLIENT and must be returned upon demand. LAW FIRM
expressly relinquishes all general, possessory or retaining liens known to
the common or statutory law.
SECTION FIVE
Disputes
A. LAW FIRM and CLIENT recognize the benefits of maintaining a
harmonious working relationship. Both agree to discuss openly any cause
of dissatisfaction and to seek reconciliation. CLIENT will not be billed for
these types of discussions.
B. Should either party believe itself to be seriously wronged or believe that
the terms of this AGREEMENT have been substantially violated,
resolution shall be sought through binding arbitration by a third party
mutually agreed to by both LAW FIRM and CLIENT.
SECTION SIX
Disclaimer of Warranty
Corning Sub-basin GSAPage 29
7/13/22 Meeting Materials
Page 5
No warranties have been made by LAW FIRM with respect to the successful termination of any
matter for which LAW FIRM is providing advice or legal services. All expressions made by
LAW
SECTION SEVEN
Confidentiality and Public Relations
A. LAW FIRM is not authorized to waive or release any privilege or other
protection of information, confidential, secret or otherwise, obtained
from or on behalf of CLIENT. LAW FIRM is to keep all confidential,
privileged or secret information confidential, even after termination of
the relationship between LAW FIRM and CLIENT.
B. LAW FIRM is not authorized to communicate with the public, including
the press, about CLIENT or any matter undertaken at the behest or on the
behalf of CLIENT without the prior approval of CLIENT.
SECTION EIGHT
Notice
Any notice required under this AGREEMENT shall be in writing and shall be deemed to have
been duly served if delivered in person, or if delivered at or sent by first class mail to the
business address of the person for whom it is intended, as follows:
To LAW FIRM: Paris Kincaid Wasiewski LLP
1800 J Street
Sacramento, CA 95811
To CLIENT: ____________________________
____________________________
____________________________
Corning Sub-basin GSAPage 30
7/13/22 Meeting Materials
Page 6
SECTION NINE
Governing Law
The laws of the State of California shall govern the construction and interpretation of this
AGREEMENT.
SECTION TEN
Term
This AGREEMENT is effective \[MONTH\] ____, 2022 and shall continue until terminated by either
CLIENT or LAW FIRM.
SECTION ELEVEN
Modification
This AGREEMENT shall not be modified in any way absent the express, written consent of both
CLIENT and LAW FIRM.
SECTION TWELVE
Entire Agreement
This represents the entire agreement of the CLIENT and LAW FIRM.
SECTION THIRTEEN
Representation of Other Clients
LAW FIRM represents the following parties who may deal with CLIENT from time-to-time:
Corning Subbasin Groundwater Sustainability Agency, the CLIENT waives conflicts of interests
which may arise as to such other clients.
IN WITNESS HEREOF, the LAW FIRM and CLIENT have executed this AGREEMENT on this day,
January ____, 2022.
PARIS KINCAID WASIEWSKI LLP
By: ________________________________
VALERIE C. KINCAID, Partner
CORNING SUBBASIN GROUNDWATER SUSTAINABILITY AGENCY
By: ________________________________
XXXXXXX
Corning Sub-basin GSAPage 31
7/13/22 Meeting Materials
8. Corning Subbasin Groundwater Sustainability Plan
Updates may be provided on activities relating to the Corning Subbasin Groundwater
Sustainability Plan.
9. Corning Subbasin Advisory Board Report
The Corning Subbasin Advisory Board (CSAB) met on June 8, 2022. The CSAB received
updates from each Groundwater Sustainability Agency (GSA) and held discussion on
funding Corning Subbasin shared costs. While each a GSA will develop its own
mechanisms to fund GSA administration and GSP implementation, it will be important for
the GSAs to agree on how they plan to split basin-wide or shared costs. Examples of such
costs could include GSP Annual Reports and 5-year updates. Discussion on this topic is
expected to continue at the next CSAB meeting, which is scheduled for September 7, 2022
at 1:30 p.m.
CSAB meeting materials, including presentations, agendas, and meeting summaries are
available on the website at: www.corningsubbasingsp.org.
Advisory Board members may provide additional updates.
10. Discussion on Executive Order N-7-22
a. *Approve Well Permit Acknowledgement Form and authorize staff to finalize
process with the Glenn County Environmental Health Department
On March 28, 2022, Governor Newsom issued Executive Order N-7-22 which included well
permitting requirements during this drought emergency (Action 9). DWR shared a Fact
Sheet on April 5 to help agencies navigate the new requirements and outlined DWR
resources that may be useful. In May, DWR released a Frequently Asked Questions
document to provide further guidance on the Order. DWR has posted these materials and
a recording of a Listening Session Webinar on their drought webpage at:
https://water.ca.gov/water-basics/drought
The CSGSA discussed the Executive Order on April 13, 2022. A suggestion was made to
utilize the Acknowledgment Form, consistent with the Glenn Groundwater Authority, to be
compliant with the Executive Order. This form, or a similar form is being utilized by several
GSAs in the region. The process must be coordinated with the Glenn County
Environmental Health Department who is the local permitting agency.
At the May 11, 2022 meeting, it was approved to send the proposed draft
Acknowledgement Form to the County to receive input.
Following the meeting, staff met with Environmental Health Department staff and has not
received any concerns with the Well Permit Acknowledgement form.
Corning Sub-basin GSAPage 32
7/13/22 Meeting Materials
Staff recommends approving the Well Permit Acknowledgement form and authorize staff
to finalize a process with the Glenn County Environmental Health Department to facilitate
maximum efficiency. This would include determining a mutually agreeable process to
communicate regarding well permitting, review of applications, and maintain compliance
with the Executive Order.
Attachments:
Well Permit Acknowledgement Form
Corning Sub-basin GSAPage 33
7/13/22 Meeting Materials
CORNING SUB-BASIN GROUNDWATER SUSTAINABILITY AGENCY
COMPLIANCE WITH EXECUTIVE ORDER N-7-22
Pursuant to Executive Order N-7-22, the Corning Sub-basin Groundwater Sustainability Agency (CSGSA)
provides the following acknowledgment, which if executed by a well applicant, would allow the CSGSA
to conclude that the well permit would not be inconsistent with the existing groundwater sustainability
plan.
ACKNOWLEDGMENT
_____ I acknowledge that the Sustainable Groundwater Management Act requires that a groundwater
sustainability agency manage groundwater in the Corning Subbasin and the CSGSA is the agency with
groundwater management authority over the land subject to Permit # xxx.
______ I acknowledge that the CSGSA has the authority to limit, regulate and/or suspend extractions
within its jurisdiction including extractions from any well permitted pursuant to Permit #XXXX.
______I acknowledge that a well permit issued by the County does not guarantee the extraction of any
specific amount of water now or in the future.
_____ I acknowledge that the Corning Subbasin GSP includes specific groundwater requirements
through minimum thresholds and measurable objectives and agree that my groundwater use will
comply with these requirements.
_____ I acknowledge the CSGSA cannot guarantee the maintenance of any defined water level or level
of water quality in the Corning Subbasin.
___ I acknowledge the CSGSA is not responsible for or otherwise liable for any costs, investments or
payments related to any groundwater well permitted pursuant to Permit #xxxx, including pumping fees,
extraction limits, costs related to well failure, well deepening, increased maintenance, replacement, or
operational costs.
___I agree to hold the CSGSA harmless and indemnify the CSGSA for any liability stemming from or
related to the County issuing a well Permit #xxxx, any use restrictions imposed upon such well, and from
any claim or cause of action alleged against the CSGSA relating to or resulting from the use or operation
of such well.
By acknowledging and initialing the above provisions, \[WELL APPLICANT\] agrees the above
ACKNOWLEDGMENT will be incorporated into the terms and conditions of any well permit issued
pursuant to Permit #xxxx.
________________________ ___________________
Name of WELL APPLICANT Date
________________________
Signature of WELL APPLICANT
Corning Sub-basin GSAPage 34
7/13/22 Meeting Materials
Received by:
___________________ _____________
Signature of CSGSA Date
Corning Sub-basin GSAPage 35
7/13/22 Meeting Materials
11. Corning Sub-basin GSA 2022/2023 Budget
a. Short Term Funding Strategy
b. Provide direction on a proposed agreement among member agencies to fund
specific tasks or explore other potential options to meet short term funding needs
c. Discussion on appointing a fiscal agent for the CSGSA
Over the past several months the CSGSA has discussed funding needs for GSP
Implementation. At the April 13, 2022 meeting, the CSGSA requested figures for
immediate short-term funding needs and longer term needs, breaking the discussion into
two parts. The short-term funding strategy will address immediate needs to provide for
GSA administration and prioritized tasks. The longer term needs will be discussed during
Item 12.
At the May 11, 2022 meeting, discussion was held on short, medium, and long term
funding options. It was noted that if a funding mechanism was prepared and finalized by
August 10, 2022, the fee could be placed on the County Tax Roll. The first installment
would likely be received by the CSGSA in January 2023. It is unlikely that a Proposition
218 fee could be developed and approved in that short of time. A Proposition 26
mechanism may provide a medium-term funding strategy. In the immediate term, member
contributions were determined to be the most effective option to fund the GSA activities.
The CSGSA reviewed initial funding needs based on the Corning Subbasin GSP Section
8.9 Short-Term Implementation Start-Up Budget and Tables 8-5 and 8-6. Prioritized
immediate term needs presented included legal services, fee study, grant application
expenses, fiscal support, annual report, and routine data management system updates.
The proposed budget for these items would be $197,000 for fiscal year 2022/2023. If
the estimated expenses are split evenly among the three members, each member would
contribute $65,667. After much discussion, the CSGSA it was agreed to request each
member agency contribute $40,000 to fund initial short-term prioritized needs.
If member agencies agree to contribute funds for initial GSP implementation, recognizing
that a medium or long term funding strategy will be in place prior to conclusion of the
2022/2023 fiscal year, an agreement between the agencies would be helpful to create a
shared understanding of the expenses, expectations, and to appoint a fiscal agent to
manage the funds.
Continued discussion may take place as it relates to funding the CSGSA for short-term
needs. This could include:
Report out on member agency funding contribution request
Agreement among member agencies
Fiscal agent
Other relevant items
Corning Sub-basin GSAPage 36
7/13/22 Meeting Materials
12. Funding Mechanisms for GSP Implementation
a. *Approve issuing Request for Proposals To Provide Services to Develop and
Implement a Funding Mechanism for the Operations of the Corning Sub-basin
Groundwater Sustainability Agency and Implementation of the Groundwater
Sustainability Plan
b. *Authorize the Funding Mechanism RFP Ad Hoc Committee to complete all tasks
necessary to bring a consultant recommendation to the CSGSA
At the January 12, 2022 CSGSA meeting, members indicated a desire to begin having
more detailed discussions regarding funding mechanisms and a potential path forward to
fund GSP implementation. Staff kicked off these discussions at the February 9, 2022
meeting by sharing past presentations by the Consulting Team to the Corning Subbasin
Advisory Board, letters provided by interested stakeholders, and other relevant
information. Discussion continued at the March 9, 2022 and April 13, 2022 meetings. At
the April 13, 2022 meeting, the discussion was broken into two parts- one to focus on
short-term funding needs (discussed during Item 11) and one to focus on long-term
implementation and funding mechanisms.
The discussion on funding mechanisms for GSP implementation continued on May 11,
2022. It was noted that significant discussions have taken place relating to potential and
preferred options, concerns and benefits of options, data needs, timing, level of effort, and
other related items. In order to effectively move the longer term discussion forward, staff
recommended beginning the process of hiring a consultant to guide the funding
mechanism process, which may include short/medium term funding, long-term funding,
and/or project specific funding. An ad hoc committee was appointed to bring a draft
Request for Proposals (RFP) to the CSGSA for consideration. John Amaro and Grant
Carmon serve on the ad hoc committee.
The draft Request for Proposals to Provide Services to Develop and Implement a Funding
Mechanism for the Operations of the Corning Sub-basin Groundwater Sustainability
Agency and Implementation of the Groundwater Sustainability Plan is attached for review.
Moving the process forward, the ad hoc committee could manage the solicitation, review
proposals, interview applicants, and bring a recommendation to the CSGSA for approval.
Once a consultant is on-board, funding mechanism discussion will resume.
Attachments:
Request for Proposals to Provide Services to Develop and Implement a Funding
Mechanism for the Operations of the Corning Sub-basin Groundwater Sustainability
Agency and Implementation of the Groundwater Sustainability Plan
Corning Sub-basin GSAPage 37
7/13/22 Meeting Materials
RFP Issue Date: July 18, 2022
RFP Submission Deadline: September 5, 2022, 4:00 PM
Issued by:
Corning Sub-basin Groundwater Sustainability Agency
Mailing Address for RFP:
225 N. Tehama St.
Willows, CA 95988
Corning Sub-basin GSACSGSA Funding RFP | Page 1 Page 38
7/13/22 Meeting Materials
1. Introduction
The Corning Sub-basin Groundwater Sustainability Agency (CSGSA) is seeking a qualified firm(s) to develop
and implement a funding mechanism for the operation of the CSGSA and the implementation of the
Corning Subbasin Groundwater Sustainability Plan (GSP). The CSGSA is primarily interested in the
relate to the Sustainable Groundwater Management Act. Services provided may include all tasks
necessary to evaluate, develop options, select, and implement a new funding mechanism.
The CSGSA intend to award one or more contracts to a firm(s) that meet our qualification criteria and has
successfully performed services on similar projects in the past. The successful firm(s) will be required to
enter into a contract with Glenn County for services requested in this RFP. A sample contact is included
as Attachment A.
Submittals must be received by September 5, 2022 at 4:00 PM to be considered for this opportunity.
All Potential Respondents should note that it is their responsibility to:
Read carefully all of the contents of this entire RFP.
Ask for clarification in writing before submission due dates.
Address all requirements and follow all procedures of this RFP.
Immediately inform the RFP Contact Person of any problems with this RFP solicitation.
Submit all responses by the required dates and times.
2. Background
In September 2014, the California legislature enacted the Sustainable Groundwater Management Act
(SGMA) to require sustainable groundwater management statewide. SGMA applies to all high and
medium priority groundwater basins as determined by the Department of Water Resources.
Implementation of SGMA is achieved through the formation of Groundwater Sustainability Agencies
(GSAs) and the preparation and implementation of Groundwater Sustainability Plans (GSPs).
The Corning Subbasin is a high priority basin required to be managed under SGMA and is shared between
Glenn and Tehama Counties. Two GSAs coordinated on developing a single GSP, which was submitted to
the Department of Water Resources in January 2022. The first required Annual Report was submitted in
April 2022.
The Corning Sub-basin GSA governs the Glenn County portion of the subbasin through a Memorandum of
Agreement with three participating members.
3. Project Description and Scope of Services
The scope of this RFP is to build on previous efforts and conduct all tasks necessary to evaluate, develop
options, select, and implement a new funding mechanism to support the operations of the CSGSA and
implement the Corning Subbasin GSP. Respondents are expected to be familiar with laws and regulations
pertaining to the Sustainable Groundwater Management Act, Proposition 26, and Proposition 218.
Services provided may include, but are not limited to:
Corning Sub-basin GSACSGSA Funding RFP | Page 2 Page 39
7/13/22 Meeting Materials
Review of the Corning Subbasin GSP and initial budget and implementation plan
Review of meeting summaries related to discussions on proposed fee mechanisms
Evaluation of potential fee alternatives
Recommendations on selecting an appropriate mechanism and process to implement a fee
Development of a fee study or Engineers Report as appropriate
Development of outreach materials
Presentations to the GSA, advisory committees, or public
Updating parcel information
Related tasks
Services may be conducted in two phases, the first addressing immediate-term funding (start-up costs)
and the second addressing longer-term CSGSA administration and GSP implementation.
4. Format for Proposals
Responses to the RFP must be made according to the requirements set forth in this section, both for
content and for sequence. Failure to adhere to these instructions, or inclusions of conditions, limitations,
or misrepresentations in a response may be cause for rejection of the submittal. Proposals must be
submitted on 8-
enough to be easily legible, but shall not be smaller than 11 point. Submissions must be received no later
than September 5, 2022, 4:00 PM.
Mandatory Content and Sequence of Submittal:
a) Cover Letter shall be a maximum two (2) page Cover Letter and introduction, and shall include the
name and address of the respondent submitting the proposal, together with the name, address
and telephone number of the contact person who will be authorized to make representations for
the respondent, the respondent's federal tax ID number and a list of
subcontractors/subconsultants, if any. The cover letter shall include a statement that the
proposal is valid for 90 days after receipt.
b) Table of Contents shall be a detailed Table of Contents and shall include an outline of submittal,
identified by sequential page number and by section reference number and section title as
described therein.
c) Firm Capabilities and Experience Summary shall be a maximum of seven (7) pages in length and
shall fees and a description of the
i.
organizational structure, identify decision-making roles, and why this is advantageous to
the project. Describe the roles and background of the project manager and key team
members. Please provide a narrative history of the firm and its experience in providing
support to develop and implement fee structures including for SGMA implementation.
Corning Sub-basin GSACSGSA Funding RFP | Page 3 Page 40
7/13/22 Meeting Materials
Experience and focus in the public sector is of vital importance. Describe related past
projects (please limit to 3 projects) completed along with a discussion comparing
similarities with this proposed project.
This section shall also contain a list of references for each sample project wherein similar
services were performed. At a minimum, the following information must be included for
each client reference:
Client name, address, direct project manager name, telephone number, and
email address.
Detailed description of services provided similar to the services outlined in the
Draft Scope of Work.
ii. Key Personnel. Provide resumes describing the background and statement of
qualifications for key personnel your firm would use on this project, including any
subcontractors that are considered as key personnel on this project. Resumes are not
included in the seven (7) page maximum for this section and may be included as an
Attachment if desired.
iii. Statement of Qualifications for any subcontractors. If subcontractors/subconsultants are
to be used, the prospective contractor must include in the proposal a description of the
work to be done by each subcontractor/subconsultant. All subcontracts must be
approved by the GSAs and no work shall be subcontracted without prior written approval.
It is expected that the discussion of subcontractors/subconsultants will also include
experience and references to similar types of work. For each
subcontractor/subconsultant, an additional one (1) page will be added to the maximum
pages allowed. For example, two subconsultants would increase the maximum page
number for this section to nine (9) pages.
iv. Scheduling. Delineate the project scheduling process your firm uses. Use some or all of
the projects in the Experience Summary section, as well as other projects (if necessary),
as specific examples, which demonstrate your ability to deliver your work on time.
d) Cost shall detail the cost portion of the proposal. Respondent shall provide pricing based on a firm
price that identifies a breakout of the pricing for each Task, Subtask, and Deliverable of the
proposed project. Prices quoted shall be valid for at least ninety (90) days following the proposal
submission deadline and if a contract is entered into as a result of this RFP, shall become fixed for
the term of the contract unless agreed to otherwise.
An hourly rate should be provided showing the anticipated total number of hours per task/subtask
and should be included along with a not-to-exceed price for the project. A fee schedule listing
each member, along with their classification and their normal billing rates should be included with
hourly rate quotes.
e) Draft Scope of Work and Schedule in which the proposing respondents are requested to describe
the work they will perform and their approach to completing this project. Should there be any
Corning Sub-basin GSACSGSA Funding RFP | Page 4 Page 41
7/13/22 Meeting Materials
tasks that are expected to be performed by the GSAs, these should also be clearly described as
GSA tasks in the Draft Scope of Work. The proposed billing rate for all reimbursable expenses
should be included in the Draft Scope of Work. The proposal shall also include a schedule for all
tasks/subtasks.
f) Conflicts in which the respondent should identify if it anticipates there would be a need to obtain
conflict waivers from existing clients and how the respondent anticipates addressing any potential
conflicts with respect to any member agencies.
5. Submittal Instructions
Proposals shall be submitted in the following manner:
Submission shall contain one (1) signed, unbound original and three (3) hard copies on 8-
(fold outs are acceptable for charts, etc.).
One (1) electronic copy shall be provided in CD or thumb drive format.
Submittals shall be delivered in a sealed box or envelope clearly marked with the
name and the description
Submittals shall be delivered to:
o Glenn County PCDSA
ATTN: Lisa Hunter
225 N. Tehama St.
Willows, CA 95988
Late or incomplete submittals will not be considered.
6. Selection Process
A selection committee, including representatives from the CSGSA, will review the proposals based on the
criteria presented below:
a) Capabilities, Experience, and References
project. Resumes, and an explanation of any experience or familiarity with the Corning Subbasin
and its stakeholders, projects, and funding mechanisms should be provided by all staff who will
be working on the project, and/or reviewing project deliverables. This section also includes
ation for being reliable in performing tasks to the satisfaction
of its clients and delivering on schedule and within budget.
b) Work Plan (Scope of Services)
Description of how the respondent proposes to complete the project including deliverables
necessary to develop and implement a funding mechanism for the CSGSA. This includes having a
complete understanding of laws and regulations pertaining to SGMA, Proposition 26, Proposition
218, and any other relevant requirements.
c) Cost
The overall project cost in tabular form by phase/task/subtask.
Corning Sub-basin GSACSGSA Funding RFP | Page 5 Page 42
7/13/22 Meeting Materials
d) Schedule
The overall schedule to complete the proposed work by phase/task/subtask.
Criteria Points
Capabilities, Experience, and References 40
Work Plan (Scope of Services) 30
Cost 15
Schedule 15
Total: 100
Selection may consist of two levels of review. Level I will consist of evaluating the proposals for the
purpose of establishing the most qualified respondents. Level II will be used to select the finalist. This
level may include a request for a presentation/demonstration from the finalist(s), proposal fact finding,
and negotiation of contract terms and conditions at no cost to the CSGSA.
The CSGSA may discuss proposals and negotiate modifications to the proposal, draft scope of work, terms
and conditions, and pricing with the prospective firm as part of the selection process. The CSGSA reserves
the right to select more than one (1) contractor no contractors.
7. Timing and Schedule
The following timing and schedule are estimated and subject to change.
Event Anticipated Date/Time (Subject to Change)
Solicitation Publication July 18, 2022
Final Date to Submit Questions and Request Clarification August 1, 2022 4:00 PM
Questions Answered via Addendum(s) August 5, 2022
RFP Submittals Due September 5, 2022, 4:00 PM
Presentation/Demonstration (if desired) September 12-16, 2022
Evaluation Complete/Recommendations to GSA Boards September/October 2022
Award of Contract October 2022
8. General Information
Any and all communication regarding this solicitation shall be in writing and directed to:
Corning Sub-basin GSA
Lisa Hunter
225 N. Tehama St.
Willows, CA 95988
LHunter@countyofglenn.net
This person will serve as the GSA contact for this solicitation and will develop any necessary addendums
to the solicitation to provide clarifications if necessary. DO NOT contact other GSA staff, Board members,
or Selection Committee members regarding this project or selection procedures. Failure to adhere to
these instructions may result in disqualification.
Corning Sub-basin GSACSGSA Funding RFP | Page 6 Page 43
7/13/22 Meeting Materials
Questions and requests for clarification may only be submitted by e-mail or U.S. Mail to the contact listed
above. Verbal, fax, and phone inquiries will not be answered. All questions and requests for clarification
shall be submitted no later than August 1, 2022. The GSA reserve the right to decline a response to any
question on a case-by-case basis. The GSA will provide answers and clarifications by posting an
addendum(s) on their website by August 5, 2022 so all potential Respondents receive consistent
information. It is the responsibility of all interested firms to access the website for this information.
Questions received after August 1, 2022 will not be answered.
9. Disclosure of Information
All information and materials submitted to the CSGSA in response to this RFP may be reproduced by the
CSGSA for the purpose of providing copies to authorized GSA staff and selection committee members
involved in the evaluation of the proposals, but shall be exempt from public inspection under the
California Public Records Act until such time as a Contract is executed. Bid awards are a matter of public
record. Once a Contract is executed, proposals submitted in response to this RFP are subject to public
disclosure as required by law. Your submission of a proposal is considered your consent to the CSGSA
disclosure of the proposal. The CSGSA shall not be liable for disclosure of any information or records
related to this procurement.
Corning Sub-basin GSACSGSA Funding RFP | Page 7 Page 44
7/13/22 Meeting Materials
Sample Contract
Corning Sub-basin GSACSGSA Funding RFP | Page 8 Page 45
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 9 Page 46
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 10 Page 47
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 11 Page 48
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 12 Page 49
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 13 Page 50
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 14 Page 51
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 15 Page 52
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 16 Page 53
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 17 Page 54
7/13/22 Meeting Materials
Corning Sub-basin GSACSGSA Funding RFP | Page 18 Page 55
7/13/22 Meeting Materials
13. Corning Sub-basin GSA Committee Member Reports and Comments
Members of the CSGSA Committee are encouraged to share information, reports,
comments, and suggest future agenda items. Action cannot be taken on matters brought
up under this item.
14. Next Meeting
The next meeting is scheduled for August 10, 2022 at 9:30 a.m. This is pending any action
taken during Item 6.
15. Adjourn
The meeting will be adjourned.
Corning Sub-basin GSAPage 56
7/13/22 Meeting Materials