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HomeMy WebLinkAbout5.9.22 Board Correspondence - FW_ Corning Sub-basin Groundwater Sustainability Agency Committee Meeting- May 11, 2022 (2) From:Paulsen, Shaina To:BOS Subject:Board Correspondence - FW: Corning Sub-basin Groundwater Sustainability Agency Committee Meeting- May 11, 2022 Date:Monday, May 9, 2022 8:07:48 AM Attachments:22.05.11_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: Sunday, May 8, 2022 9:32 AM Subject: Corning Sub-basin Groundwater Sustainability Agency Committee Meeting- May 11, 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 May 11, 2022 | 9:30 a.m. Glenn-Colusa Irrigation District Main Pump Station 7854 County Road 203, Orland, CA 95963 And Teleconference Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 323-676-6164,,349754778# United States, Los Angeles Phone Conference ID: 349 754 778# 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-may-11 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 May 11, 2022 | 9:30 a.m. Glenn-Colusa Irrigation District Main Pump Station 7854 County Road 203, Orland, CA 95963 And Teleconference Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 323-676-6164,,349754778# United States, Los Angeles Phone Conference ID: 349 754 778# Find a local number | Reset PIN Learn More | Meeting options ________________________________________________________________________________ 1. Call to Order 2. Roll Call 3. Meeting Minutes a. *Approval of April 13, 2022 meeting minutes 4. Period of Public Comment 5. Staff Reports 6. Presentation: Land IQ 7. Discussion on Legal Counsel to represent CSGSA as needed 8. Corning Subbasin Groundwater Sustainability Plan a. Discussion on Corning Subbasin Groundwater Sustainability Plan implementation and next steps 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. 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 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 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 May 8, 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 May 11, 2022 | 9:30 a.m. Glenn-Colusa Irrigation District Main Pump Station 7854 County Road 203, Orland, CA 95963 And Teleconference Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 323-676-6164,,349754778# United States, Los Angeles Phone Conference ID: 349 754 778# Find a local number | Reset PIN Learn More | Meeting options ________________________________________________________________________________ 1. Call to Order 2. Roll Call 3. Meeting Minutes a. *Approval of April 13, 2022 meeting minutes 4. Period of Public Comment 5. Staff Reports 6. Presentation: Land IQ 7. Discussion on Legal Counsel to represent CSGSA as needed 8. Corning Subbasin Groundwater Sustainability Plan a. Discussion on Corning Subbasin Groundwater Sustainability Plan implementation and next steps 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. 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 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 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 May 8, 2022. Page | 2 County of Glenn Glenn-Colusa Irrigation District Monroeville Water District Corning Sub-basin GSA Committee Meeting Materials May 11, 2022 | 9:30 a.m. Glenn-Colusa Irrigation District Main Pump Station 7854 County Road 203, Orland, CA 95963 And Teleconference Microsoft Teams meeting Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 323-676-6164,,349754778# United States, Los Angeles Phone Conference ID: 349 754 778# 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 5/11/22 Meeting Materials 3. Meeting Minutes a. *Approval of April 13, 2022 meeting minutes Draft meeting minutes are attached. Attachments: April 13, 2022 draft meeting minutes Corning Sub-basin GSAPage 2 5/11/22 Meeting Materials County of Glenn Glenn-Colusa Irrigation District Monroeville Water District Corning Sub-basin GSA Committee Meeting Minutes April 13, 2022 | 9:30 am Glenn-Colusa Irrigation District Pump Station 7854 County Rd 203, Orland, CA 95963 and Teleconference 1. Call to Order John Amaro called the meeting to order at 9:33 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 X Julia Violich (9:52) Monroeville Water District Seth Fiack Monroeville Water District Lisa Hunter conducted roll call as noted above. 3. AB 361 Open Meetings: State and Local Agencies: Teleconferences a. *Discuss and consider approval of Resolution 2022-04 Resolution to Implement Teleconferencing Requirements During a Proclaimed State of Emergency Mr. Amaro introduced the item. No further discussion was heard. On a motion by Mr. Arnold, seconded by Mr. Carmon, it was unanimously approved by members present to adopt Resolution 2022-04 Resolution to Implement Teleconferencing Requirements During a Proclaimed State of Emergency 4. Meeting Minutes a. *Approval of March 9, 2022 meeting minutes No corrections or comments were made on the draft minutes. On a motion by Mr. Carmon, seconded by Mr. Knight, the meeting minutes of March 9, 2022 were unanimously approved as presented. Corning Sub-basin GSAPage 3 225 North Tehama Street Willows, CA 95988 530.934.6540 5/11/22 Meeting Materials 5. Period of Public Comment Mr. Arnold reported that the Rangeland Association conveyed to him concerns regarding the funding source for the Corning Subbasin. 6. Staff Reports Holly Dawley reported that Land IQ is available to provide a presentation at the May 11, 2022 Corning Sub-basin GSA (CSGSA) meeting. Ms. Dawley asked if the CSGSA or the Corning Subbasin Advisory Board (CSAB) is the most appropriate venue for the presentation. Discussion ensued. It was decided the presentation would be given to the CSGSA and staff could reach out to the Tehama GSA to determine interest in a presentation at the CSAB. 7. *Approve 2022 Corning Sub-basin GSA Committee meeting schedule Mr. Amaro introduced the item. Staff recommended Option 2, setting a monthly meeting schedule and cancel specific meetings if there are no business items to discuss. On a motion by Mr. Carmon, seconded by Mr. Arnold, Option 2 of the 2022 Corning Sub- basin GSA Committee meeting schedule was approved unanimously by members present. 8. Discussion on Legal Counsel to represent the CSGSA as needed Ms. Hunter reported that Glenn County, County Counsel has suggested the CSGSA seek the services of an experiences water attorney rather than rely on County Counsel, who currently contracts with outside counsel on water-related matters due to the complexity of the topic. She also noted, it will be important to consider how these services will be paid for. Mr. Knight asked if there might be an opportunity to share counsel with Tehama County. Ms. Hunter shared that generally, each GSA retains separate counsel, but that option could be explored. Mr. Carmon stated he is pleased with the services Valerie Kincaid provides for the Glenn Groundwater Authority and Glenn County and recommended asking if she would be interested in representing the CSGSA. Mr. Arnold asked if there would be a conflict; whereby discussion ensued. Staff was directed to reach out to Ms. Kincaid to determine interest in representing the CSGSA. It was clarified that grant funding is not expected to be available for these services. 9. Corning Subbasin Groundwater Sustainability Plan a. Discussion on Corning Subbasin Groundwater Sustainability Plan implementation and next steps Corning Sub-2 Corning Sub-basin GSAPage 4 5/11/22 Meeting Materials Mr. Amaro introduced the item and indicated no comments have been received on the GSP. Ms. Hunter noted the comment period is open until April 23, and she expects at least one comment letter will be submitted. For GSPs that have been through this process already, comments tended to be submitted at the end of the comment period. She further clarified, these comments are intended to provide DWR guidance while reviewing the GSP, and it is helpful for the GSA to be aware of such comments and consider them during project planning, annual reports, and the five-year updates. Ms. Hunter encouraged members and the public to utilize the Annual Report on the SGMA Portal as a resource. The portal contains the complete Annual Report, summary information, and monitoring network information, including hydrographs with the groundwater levels, minimum thresholds, and measurable objectives. 10. Corning Subbasin Advisory Board Report Mr. Amaro stated the discussion at the April 6, 2022 meeting revolved around the Annual Report. Mr. Carmon noted the consultant presented the summarized Annual Report and answered questions. There were some concerns with some of the estimates for groundwater use, which will be explored in the future. Mr. Carmon shared the Tehama County portion of the basin reported they will have a 29 cent per acre fee to get the GSA running, and a consultant will be hired to put together well information to support a well head fee. He encouraged the CSGSA to take action to have funding available for immediate tasks. Discussion ensued on fee development, funding needs, and project and management action development. 11. Discussion on Executive Order N-7-22 Mr. Amaro introduced the item and Ms. Hunter reviewed that some other GSAs plan to use an Acknowledgment Form which is a checklist that the permittees reviews and signs. Mr. Arnold stated that under the moratorium, the County is currently allowing replacement wells, which would need GSA approval. Mr. Carmon suggested using the Acknowledgment Form, consistent with the direction of the Glenn Groundwater Authority. Ms. Hunter reviewed potential options for the procedure and communication between the GSA and the Environmental Health Department (the local permitting agency). Mr. Carmon suggested a joint GSA/County policy to approve wells based on location and well depth. It was clarified this may be a longer-term goal. Mr. Carmon stated it seems reasonable to follow the current county policy for replacement wells while the moratorium is in place. The item will be brought back for further discussion. Corning Sub-3 Corning Sub-basin GSAPage 5 5/11/22 Meeting Materials 12. Discussion on Funding Mechanisms for GSP Implementation and Short-Term Funding Options Mr. Amaro noted this topic was discussed during Item 10. He summarized direction to staff to invite Land IQ to make a presentation and funding mechanisms will be explored. The Proposition 26 mechanism may provide for more immediate funding for GSA administration and Proposition 218 will also be explored further. Mr. Knight asked if a consultant and attorney will be needed to move forward. Ms. Hunter encouraged discussion on how to fund the short-term needs. Mr. Knight inquired about a cost estimate; whereby discussion ensued on short-term funding needs and priorities, including funding mechanisms and legal expenses. Ms. Hunter emphasized the agency should plan to self-fund, possibly with member agencies contributions for approximately one year before fees would be received through any type of assessment. A Technical Memorandum written by West Water will be available by the end of April to facilitate additional discussion on funding mechanisms. The CSGSA requested figures for immediate short term funding needs and longer- term needs for the next meeting. 13. Corning Sub-basin GSA Committee Member Reports and Comments Ian Turnbull encouraged the members to review the Glenn County General Plan Update that is nearly complete and emphasized the connection between land use planning and water management. Mr. Carmon stated he has had conversation with the Planning team and consultant and some wording may be added that permanent crops are discouraged on the westside and if permanent crops are planted, they must prove water sustainability. Mr. Turnbull expressed his concerns and recent developments with lands generally west of the traditional State Responsibility Area (SRA) boundary. Jaime Lely expressed concern that if a per acre fee is placed on lands, particularly dry lands, it forces landowner to consider other options in order to afford paying those fees. The other options include higher profitability crops which also use more groundwater. She reiterated that many landowners have limited groundwater availability. She further inquired if an ad hoc committee was going to work on aspects to fund this. Ms. Hunter responded that it had been decided to have the discussions at Board meetings because this group is small, so full Board discussion would be more efficient. Ms. Lely spoke to the large amount or dry land farming in the basin and a lack of representation for those landowners during the fee discussions. Mr. Carmon encouraged the landowners to attend the Board meetings and Ms. Dawley clarified that the Glenn County and Tehama County portions of the basin are pursuing separate funding mechanisms. Corning Sub-4 Corning Sub-basin GSAPage 6 5/11/22 Meeting Materials 14. Next Meeting The next CSGSA is scheduled for May 11, 2022 at 9:30 a.m. 15. Adjourn The meeting was adjourned at 10:51 a.m. Corning Sub-5 Corning Sub-basin GSAPage 7 5/11/22 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. Presentation: Land IQ Over the past several months, discussion has taken place on options and available tools to better understand land and water use within the subbasin to support GSA discussions on potential fee options and project and management action planning. Land IQ is a tool that has been used state-wide and locally for various projects. Joel Kimmelshue will provide a presentation to share more information about Land IQ. 7. Discussion on Legal Counsel to represent CSGSA as needed 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 services to the CSGSA. Staff has reached out to Ms. Kincaid, who indicated the firm 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. Priorities that will likely need counsel review and input will be discussed in further detail during Item 11. The 2022 Rate Sheet is attached. Staff requests direction on the following options: Request a more formal proposal from Paris Kincaid Wasiewski OR Corning Sub-basin GSAPage 8 5/11/22 Meeting Materials Work with Ms. Kincaid to outline next steps to enter into an agreement Paris Kincaid Wasiewski OR Reach out to additional firms to gauge interest in providing services to the CSGSA Additional updates may be provided, potential options will be explored, and direction may be provided to staff. Attachments: Paris Kincaid Wasiewski 2022 Rate Sheet Corning Sub-basin GSAPage 9 5/11/22 Meeting Materials RATE SHEET 2022 The Firm is compensated for its legal services on an hourly basis, billed on prorated increments of 1/10 an hour. Invoices are broken down and organized by client and specific assignment to assist in the tracking of costs incurred and services performed related to specific matters. The Firm sets its hourly rates based on experience of each attorney and market rates. A. Partner Rate: $400/hour B. Senior Counsel Rate: $350/hour C. Associate Rate: $300/hour The Firm does not charge a separate hourly rate for paralegal or secretary time; although this resource has tremendous value, our Firm includes these costs in overhead. Any outside counsel costs will be billed directly to the client, upon prior notification and approval. The Firm does not charge for any expense that is considered overhead, including telephone calls, cellular service, postage, fax or document reproduction services unless outsourced due to a need for an unusual size, shape or volume. The Firm charges hourly rates above for travel time, but no other mileage charges are accrued. 1 Corning Sub-basin GSAPage 10 5/11/22 Meeting Materials 8. Corning Subbasin Groundwater Sustainability Plan a. Discussion on Corning Subbasin Groundwater Sustainability Plan implementation and next steps The Corning Subbasin GSP was submitted to DWR on January 28, 2022 and posted by DWR on February 7, 2022 initiating a 75-day public comment period. The comment period ended April 23, 2022. Seven comments were received during the public comment period, and one comment was received after the comment period ended. The GSP can be accessed on the SGMA Portal at: https://sgma.water.ca.gov/portal/gsp/preview/94 The Corning Subbasin GSP Annual Report, developed by Montgomery & Associates on behalf of the GSAs in the Corning Subbasin, was completed and submitted to DWR on April 1, 2022, meeting the statutory deadline. No comments have been received. The Annual Report can be found on the SGMA Portal at: https://sgma.water.ca.gov/portal/gspar/preview/90 Discussion may be held on the shift from GSP planning to GSP implementation. The CSGSA may consider concepts, goals, and priorities for initial GSP implementation and may provide direction to staff. Attachments: Comments submitted to the SGMA Protal on the Corning Subbasin GSP Corning Sub-basin GSAPage 11 5/11/22 Meeting Materials tǒĬƌźĭ /ƚƒƒĻƓƷƭ wĻĭĻźǝĻķ 5ǒƩźƓŭ ƷŷĻ tǒĬƌźĭ /ƚƒƒĻƓƷ tĻƩźƚķ Corning Sub-basin GSAPage 12 5/11/22 Meeting Materials Corning Sub-basin GSAPage 13 5/11/22 Meeting Materials Corning Sub-basin GSAPage 14 5/11/22 Meeting Materials Corning Sub-basin GSAPage 15 5/11/22 Meeting Materials Corning Sub-basin GSAPage 16 5/11/22 Meeting Materials Corning Sub-basin GSAPage 17 5/11/22 Meeting Materials Corning Sub-basin GSAPage 18 5/11/22 Meeting Materials Corning Sub-basin GSAPage 19 5/11/22 Meeting Materials April 23, 2022 California Department of Water Resources 1416 9th Street Sacramento, CA 95814 Re: Corning Subbasin Groundwater Sustainability Plan To whom it may concern: AquAlliance, the California Sportfishing Protection Alliance, and the California Water Impact Network (hereinafter AquAlliance) submit the following comments and questions on the Corning rning the Plan that require significant changes to the document, without which the public and policymakers are truly left in the dark and dangerous consequences are obfuscated. Introduction The goal of the Sustainable Groundwater Management Act (SGMA) is to sustainably manage groundwater resources for long-term reliably and multiple economic, social, and environmental benefits for current and future beneficial uses based on the best available science (Water Code 113). The people of California have a primary interest in the protection, management, and reasonable beneficial use of the water resources of the state, both surface and underground, and management goals. Proper management of groundwater resources will help protect communities, farms, and the environment against prolonged dry periods and climate change, while preserving water supplies for existing and potential beneficial use. Failure to manage groundwater to prevent long-term overdraft infringes on overlying and other proprietary rights to groundwater. established as state policy that every human being has the right to safe, clean, affordable, and accessible water adequate for human consumption, cooking, and sanitary purposes (WC 106.3(a)). State agencies, including the California Department of Water Resources (CDWR), the State Water Resources Control Board (SWRCB), and the State Department of Public Health, are required to consider this state policy when revising, adopting, Corning Sub-basin GSAPage 20 5/11/22 Meeting Materials Page 2 of 22 AquAlliance Comments Corning GSP or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are pertinent to the uses of water (WC 106.3(b)). The Water Code also creates a state policy that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation (WC 106). The Groundwater Sustainability Agencies (GSAs) were created by SGMA and are delegated by the state the authority to create and implement a Groundwater Sustainability Plan (GSP), which makes the GSA(s) a political subdivision of the state. Therefore, approval of any SGMA GSP created by a GSA(s) or county agency, which is then approved by the CDWR and the SWRCB, must be consistent with the state policies that protect to safe and available supply of groundwater for all beneficial uses. Implementation of the SGMA requires the creation of a GSP that provides for the development and reporting of those data necessary to support sustainable groundwater management, includin- and long-term trends of resolve disputes regarding sustainable yield, beneficial uses, and water rights. A presumption perpetuate the management errors of the past. That the design of the Corning Subbasin GSP sustainability monitoring program requires years of declining groundwater levels before an undesirable result can occur suggests that the past mismanagement practices will persist. The 1 November 2021 Corning Subbasin Final GSP fails to meet the SGMA goal of water resource sustainability and protection of the water rights of all beneficial users and uses. The proposed sustainable management criteria presented in the Corning GSP fail to demonstrate as required by SGMA that the goal of groundwater sustainability is achievable and will occur within 20 years of GSP adoption for: (1) chronic lowering of groundwater levels, (2) reduction of groundwater storage, (3) degraded water quality, (4) depletions of interconnected surface waters, and (5) inelastic land subsidence. The Final Corning GSP fails to protect the beneficial uses for all users of groundwater in the subbasin because of the following: The final plan sets the minimum thresholds (MTs) for unreasonable results in the management the groundwater levels at depths that can result in 16% or more of the domestic wells going dry for sustained periods, if not permanently. The final plan requires without analysis or justification that before an unreasonable result can occur, the MTs for a sustainability indicator must be continuously and simultaneously exceeded for 24 months (2 years) at a minimum of 20% at representative groundwater monitoring wells. The final plan estimates that sustainable management of the groundwater levels and groundwater storage with the projected 2070 scenario will allow for a cumulative change in storage of -19,700 acre-feet (af) in the next 50 years, which is contrary to the estimated Historical baseline cumulative surplus from 1974 to 2015 of 290,300 af. The estimated difference between the Historical average annual and the projected 2070 average annual change in storage is -7,200 acre-feet per year (afy), or 360,000 af by 2070. 1 California Groundwater Basin number 5-021.51, part of the Sacramento Valley Groundwater Basin. Corning Sub-basin GSAPage 21 5/11/22 Meeting Materials Page 3 of 22 AquAlliance Comments Corning GSP The 2070 scenario estimated maximum annual change in storage during critically dry and dry water years is -41,800 afy, approximately 50% greater than the Historical baseline change of -27,450 afy, and over 100 times the 2070 annual average loss in groundwater storage. The final plan operational flexibility (OF) for sustainable management, the difference between the depths of the management objectives (MOs) and the MTs, is sufficient to allow for an average decline in groundwater levels approximately 3 times greater than the difference between the MOs and lowest groundwater levels since 2012 before an undesirable result can be declared. The final plan OF volume is large enough to allow for groundwater level decline for 5 continuous critically dry and dry water years before the minimum threshold depth is reached, which must then be followed by two more consecutive years with levels continuously below the MTs before an undesirable result needs to be declared. The final plan assumes that sustainable management of the subbasin will allow groundwater pumping to increase by 36,300 afy above the Historical baseline, a 27% increase, with 96% of the increase going to agricultural uses. The final plan assumes that sustainable management of the subbasin with the 2070 scenario will result in annual average net stream gains (groundwater discharge minus stream seepage) of -4,600 afy, which is -37,700 afy below the Historical baseline of a +33,100 afy. This is a loss of approximately -114% in annual average net stream gains over the Historical baseline. The final plan assumes that sustainable management of the subbasin with the 2070 scenario will result in annual average net stream gains of -37,700 afy below the Historical baseline while groundwater pumping increases 36,300 afy above the Historical baseline, a change ratio of -104%. In other words, the proposed 2070 scenario increase in groundwater pumping will cause a decline in interconnected surface waters that exceeds the pumping increase. The final plan requirement for simultaneous, continuous exceedance of the MT at multiple representative monitoring wells can result in significant magnitudes and expansive areas of decline in groundwater levels, groundwater storage, water quality, interconnected surface waters, and possibly surface elevations (inelastic subsidence) as long as one of the monitored stations in the group MT. In other words, there is no limit to decline in the beneficial uses of groundwater if measurements in one of the monitoring stations within a group is above the MT at least once every 24 months. The final plan fails to analyze, monitor, or consider the potential impacts to water quality from the proposed allowable changes in groundwater levels and storage, except for one constituent, salinity. Although the final plan calls for coordination in management of e what the MTs are for all the potential contaminants of concern in the Corning subbasin, or what and how GSP management actions will be taken whenever a water quality impact is identified. Corning Sub-basin GSAPage 22 5/11/22 Meeting Materials Page 4 of 22 AquAlliance Comments Corning GSP The final plan requires that at least 25% of the 15 RMP water quality network monitoring wells, i.e., 3 wells, must exceed the MT for 2 consecutive years where it is established that the GSP implementation is the cause of the exceedance to trigger an undesirable resul t. The justification for requiring water quality exceedance in multiple wells for multiple quality degradation before the Corning GSAs will act to prevent an undesirable result. The requirement that someone must prove that the GSP implementation caused the water quality exceedance The final plan sets the MT rate of inelastic subsidence that appears to exceed the current conditions while providing no current assessment of the sensitivity of local infrastructure to subsidence. frequent monitoring of subsidence benchmarks or monitoring of critical infrastructure, but instead leaves the responsibility of subsidence monitoring and analysis to others with the frequency of reporting dependent on the work schedules and funding of DWR and others. The Final Corning GSP Fails to Comply with SGMA and the Water Code. The following sections provide expanded discussions of the deficiencies listed above regarding how the Corning GSP fails to protect the beneficial uses for all users of groundwater in the subbasin. 1. The Corning GSP sets the MTs for unreasonable results in the management of groundwater levels at depths that can result in 16% or more of the domestic wells going dry for sustained periods, if not permanently, Section 6.6.2.2 (pages 6-21 to 6-26, pdf 430 to 435). This could possibly result in 315 of the 1,970 domestic wells in the subbasin going dry, see well count in Table 2-5 (page 2-34, pdf 100). The representative monitoring point (RMP) network of wells for measuring groundwater levels includes 37 shallow wells and 21 deep wells, Section 5.2.4 (pages 5-7 to 5-11, pdf 369 to 374). The RMP wells are subdivided into three regions: stable, slight decline, and declining, based on the historical stability of groundwater levels, Figures 6-1 and 6-2 (pages 6-12 and 6- 13, pdf 421 and 422, and AquAlliance Exhibit 1. The MTs for the RMP groundwater level wells are set based on whether the recent historical (2010 to 2019) groundwater levels are stable or declining. Minimum thresholds were set using one of the two criteria (page 6-8, pdf 417): elevations (stable wells): Minimum fall groundwater elevation since 2012 minus 20-foot buffer. elevations (declining wells): Minimum fall groundwater elevation since 2012 minus 20% of minimum groundwater level depth. Corning Sub-basin GSAPage 23 5/11/22 Meeting Materials Page 5 of 22 AquAlliance Comments Corning GSP Both criteria appear to be arbitrary and designed to allow for the groundwater level to decline below the recent lowest elevation measured during a drought. This will likely subject many domestic well owners to experience their lowest groundwater levels with all the accompanying negative impacts: dry wells, poor water quality, higher pumping cost, etc. AquAlliance Exhibit 1-2 has a summary at the bottom of the table of the average MOs and MTs depths and depth differences for each class of RMP monitoring well taken from Tables 5- 2, 5-7 and 6-2 (pages 5-8 and 5-9, 5-37, and 6-15 and 6-16, pdf 370-371, 399, 424-425). The average difference in depth in the shallow wells between the MO and the lowest groundwater elevation since 2012) (MO 2012) ranges from 4.1 feet to 15.9 feet, with the basin-wide average at 6.9 feet. The difference in the shallow well elevation from the lowest groundwater levels since 2012 to the MTs (2012 MT) ranges from 16.5 feet to 23.12 feet, with a basin-wide average of 17.8 feet. The shallow well MTs allow for a decline in depth ranging from 2.6 to 5.9 times greater than the historical decline from the MOs to the 2012 low \[(MO-MT)/(MO-2012)\], with a basin-wide average of 3.7 times, or 370% greater. In other words, domestic wells that on average experience a historical decline of 6.9 feet will now be allowed to experience an average maximum decline of 25.6 feet. This increase appears to be significant and unreasonable, and it apparently allows for the dewatering of 16% of the known domestic wells, or possibly more, because of the requirement for 2 consecutive years below the MT depth before an undesirable result occurs, Table 6-1 and Section 6.6.4.1 (pages 6-1, 6-34 and 6-35, pdf 416, 443 and 444). The Corning GSP apparently considers a 370% increase from the average MO-to-MT depths to be a beneficially practical sustainable management criterion, stating that \[t\]he proposed minimum thresholds for groundwater elevation will not necessarily protect all domestic wells because it is impractical to manage a groundwater basin in a manner that fully protects the shallowest wells (page 6-26, pdf 436). to consider the shallowest 16%, or 315 wells, unworthy of protection regardless of which wells that have already gone dry since 2012 (i.e., past droughts) as well as those that will go dry in the future under Corning GSP sustainability criteria. 2. The Corning GSP does propose to establish a Well Mitigation Program, Section 7.3.2.1 to 7.3.2.7 (pages 7-12 to 7-15, pf 490 to 493) with various objectives and costs estimated at $100,000 to $500,00 per year, but the specified. The plan states that this well mitigation program would help identify and avoid impacts to well owners with a more complete inventory of wells and by the GSAs providing education and outreach to well owners to deepen or replace wells, Section 7.3.2.1.7 (page 7-15, pdf 493). The outline for the Well Mitigation Program generally describes determination of which well owners might benefit from the program: Eligibility and access documentation to determine which Subbasin residents are eligible to participate in the mitigation program, well eligibility based on well construction Corning Sub-basin GSAPage 24 5/11/22 Meeting Materials Page 6 of 22 AquAlliance Comments Corning GSP parameters, and protocols to determine potential mitigation actions such as well deepening, repair, or replacement. The description of the Well Mitigation Program only commits to taking potential mitigation actions without giving any specifics on how the $500,000 per year cost was determined or the amount of funds committed to each potential mitigation action, or any matching fund requirements for eligible well owners. The Well Mitigation Program in its current form is just a concept, not an actual commitment to mitigate the impacts from the proposed increased groundwater pumping. The Corning GSP program. In other words, increased pumping can apparently go forward, without a program to deepen, repair, or replace impacted domestic wells. To be a functional mitigation program, the Corning GSAs need to make a firm commitment to implement the program within the next 3 years as shown in Table 7-3 (page 7-15, pdf 493) and expand the description of the program to include specific information on the funding source(s), the availability of these funds (local, state, or federal), the legal requirements for acquiring the funds, the criteria for prioritizing expenditures, the requirements for eligibility to receive funds, the funding match requirements for eligible well owners, the criteria for deciding to deepen, repair a well, add a water quality treatment system, or replace it with new well construction, the administrative procedures for the program, and the steps a resident must take to obtain well repair or replacement funds. In addition, the GSP should address criteria that will be used to evaluate a well that needs to be the deepened, repaired, 2 or replaced to comply with the recent GoN-7-22, and any additional local agency permitting requirements. 3. The Corning GSP requires that groundwater levels fall below their minimum groundwater elevation thresholds for 24 consecutive months (2 years) in 20% of the wells before an undesirable result can be declared, Table 6-1 and Section 6.6.4.1 (pages 6-1, 6-34 and 6-35, pdf 416, 443 and 444). - uses and users only occurs when there are 24 continuous months of harm across a broad area of the subbasin, which then triggers an undesirable result and the need for the GSAs to take action. The Corning GSP provides additional language to the definition of a SGMA undesirable result, noting that part of the definition given in the SGMA regulations. The GSP lists the six groundwater conditions from Water Code Section 10721 that can trigger an undesirable result, Section 6.1, (pages 6-2 to 6-4, pdf 411 to 413). The plan then adds the following explanatory text to the definition of undesirable result: 2 https://www.gov.ca.gov/wp-content/uploads/2022/03/March-2022-Drought-EO.pdf Corning Sub-basin GSAPage 25 5/11/22 Meeting Materials Page 7 of 22 AquAlliance Comments Corning GSP Undesirable Result is not defined in the GSP Regulations. However, the description of undesirable result states that it should be a quantitative description of the combination of minimum threshold exceedances that cause significant and unreasonable effects in the subbasin. An example undesirable result is more than 20% of the measured groundwater levels being lower than the minimum thresholds. Undesirable results should not be confused with significant and unreasonable conditions. Significant and unreasonable conditions are physical conditions to be avoided; an undesirable result is a quantitative assessment based on minimum thresholds. (underline added) Apparently, the Corning GSP is making a distinctio undesirable to only a few from a condition that affects many. This seems to be making an arbitrary threshold on the practical number of residents that can be inconvenienced by a dry or impaired well. For example, the assumption that it is practical to allow 16% of domestic wells can go dry in the Corning Subbasin, which is a significant and unreasonable condition for those residents, but apparently not to the residents of the subbasin as a whole so as to trigger an undesirable result and the need for sustainable management action(s). The authority to set the practical threshold of how many residences can be made to have a significant and unreasonable condition is unclear. When combined with the 20% requirement for collective MT exceedance for 24 consecutive months, the GSP sustainability management criterion for chronic lowering of groundwater levels may violate Water Codes 106, 106.3(a) and 106.3(b) because it fails to prioritize groundwater for domestic purposes and protect the groundwater in the subbasin to provide for an adequate supply of safe, clean and affordable water for human consumption, cooking and sanitary purposes. 4. The Corning GSP 20% of the RMP wells will be selected, or whether they can be adjacent, discontinuous, or spread across the subbasin. Can there be more than one 20% group? The monitoring plan does split the groundwater level monitoring network into 37 shallow and 21 deep wells (greater than 450 feet below the ground surface,(bgs)) so that suggests that at least two 20% groups are allowed. The reasoning for selecting the 20% well groups raises several questions: What are the selection criteria for 20% groups of groundwater level monitoring wells? Are they based on the portion of the subbasin being monitored by these wells, how groundwater production in the subbasin is being managed, where sustainability projects are being implemented, when the groundwater levels wells drop below their MT elevations, or some combination of these and other criteria? How many wells are required to make a 20% group? Can it be 8 wells out of the 37 shallow wells, 5 wells from the 21 deep wells, or does it need to be 12 wells from a total of 58 wells? How many 20% MT exceedance groups are possible in each aquifer zone, only one, up to 5, or more? Corning Sub-basin GSAPage 26 5/11/22 Meeting Materials Page 8 of 22 AquAlliance Comments Corning GSP Can the areas of the subbasin monitored by multiple 20% groups overlap? Can a well be in multiple 20% groups at the same time? Can an undesirable result be declared after 24 months of MT exceedance in the deep aquifer, but not be declared for the overlying shallow aquifer, or vice versa? What is the start date of the 24-consecutive-month clock? Does it start on the earliest day that any one of the 20% wells exceeds its MT, on the day the last of the 20% well exceeds its MT, or some other intermediate date? What happens to the start date of the 24-consecutive-month clock if additional RMP wells exceed their MTs after the day that minimum number of wells needed for a 20% group? In other words, does the start date begin anew when a well is added to an existing group? Are these additional wells made part of the existing group or does a new group have to be formed once there are enough additional wells to make another 20% group? If there are multiple 20% MT exceedance groups, how is the determination of an undesirable result made if the exceedance in any one group is less than 24 months, but the combined duration of the exceedance for all groups is greater than 24 months? It is unclear if the wells assigned to a group stay in the same group forever, change when there are fewer than 20% of the wells in the group, or change when the 24- month clock stops. What happens when the locations of the first 20% group of wells cover a large portion of the subbasin, and then additional MT exceedance wells are clustered with in the around a local pumping depression in numbers sufficient to form another 20% group? Why does the MT exceedance need to be continuous in 20% of the monitoring wells for 24 months when dewatering of a single domestic or small agricultural well can cause significant harm to the user(s) if it occurs repeatedly for only a few months? Why is the dewatering of a domestic and/or small agricultural well for less than 24 months considered a beneficially sustainable practice Water Code Sections 106 and 106.3(a)? Why is dewatering of domestic and/or small agricultural wells that might occur cyclically each summer considered a beneficially sustainable practice, and who is benefitting? Certainly it is not to the small landowner. 5. AquAlliance Exhibits 2 through 5 are modifications of groundwater, land surface, and surface water budgets in the Corning GSP. The modifications include columns and rows that calculate the budget component differences between the average values, differences in the component values by water year type, calculated sums and differences for groundwater pumping and storage, stream gains and losses, and the difference between the Historical baseline and the Current baseline with the Projected 2070 water budget. Columns and rows in these exhibits have been labeled for these comments. Corning Sub-basin GSAPage 27 5/11/22 Meeting Materials Page 9 of 22 AquAlliance Comments Corning GSP AquAlliance Exhibit 2 lists the values and changes in the Historical and projected 2070 groundwater budget components with summaries for groundwater pumping and storage for the overall average, and the three different water year type groups, critically dry and dry (CD/D), below normal and above normal (BN/AN), and wet (W). The Historical baseline average annual groundwater pumping for all year types is 135,900 afy, Exhibit 2-1A (row 20, column C). Historical baseline pumping increased for CD/D water years by 7% to 145,050 afy and deceased for the other two water year types (row 20, columns G through J). For the projected 2070 scenario, the subbasin average groundwater pumping will be increased above the Historical baseline by 36,300 afy, or 27%, to 172,200 afy, Exhibit 2-2C (row 68, columns D and E) and Exhibit 2-1B (row 44, column C). Projected 2070 pumping will increase 37,250 afy during CD/D water years, 38,500 afy for AN/BN years, and 35,300 afy for W years, Exhibit 2- 2C (rows 68, columns E through J). Increases in groundwater pumping for the 2070 scenario also result in changes in groundwater storage. The Historical baseline average annual change in groundwater storage is a positive 6,900 afy, which resulted in a cumulative change in groundwater storage of 290,300 acre-feet (af), Exhibit 2-1A (rows 21 and 22, column C). During Historical CD/D water years, the storage loss is negative at -27,450 afy (row 21, column E). The 2070 scenario annual average change in storage is -300 afy with a cumulative change of -19,700 af over 50 years (rows 45 and 46, column C). While the 2070 annual average change in groundwater increases to -41,800 afy, an additional loss over the Historical baseline of -14,350 afy, Exhibit 2-1B (row 45, column E) and Exhibit 2-2C (row 69, column E). The additional loss in storage for the 2070 scenario is approximately 39% of the 37,250 afy increase in groundwater pumping (-14,350 afy / 37,250 afy = 0.385 = 39%), Exhibit 2-2C (rows 68 and 69, column E). This additional loss in groundwater storge during CD/D water years, or drought years, is important because the change in storage during droughts can be used to establish the depth of the MTs, which will be discussed below in Comment No. 11. 6. The additional loss in groundwater storage decrease in the Corning GSP water budget caused by the increase in pumping. The increase in groundwater pumping also causes a significant decline in the interconnected surface water flows. AquAlliance Exhibit 2 calculates the change in the net stream gains, i.e., the amount of groundwater discharging to the streams minus the amount of surface water seeping to groundwater. For the Historical baseline, the annual average net stream gain is a positive 33,100 afy, Exhibit 2-1A (row 23, column C). In other words, the streams gain flow from discharging groundwater. There is an assumption that when streams gain flow from groundwater and the flow changes with the pumping of groundwater, then those streams are 3 interconnected surface waters and subject to SGMA. 3 See these articles about how the disconnection of streams and groundwater results in maximum stream flow losses that spread as the groundwater depression enlarges. Corning Sub-basin GSAPage 28 5/11/22 Meeting Materials Page 10 of 22 AquAlliance Comments Corning GSP The Historical baseline net stream gain is also positive for all water year types (row 23, columns E through J). In contrast, the 2070 scenario has a net loss in average annual stream flow of -4,600 afy, Exhibit 2-1B (row 47, column C). This 2070 scenario loss in annual stream flow continues in the CD/D and BN/AN water years with a maximum loss of -11,000 afy, Exhibit 2-1B (row 47, columns E through J). Although the 2070 Wet year has a positive net stream gain of 3,700 afy, it is a -47,200 afy reduction from the Historical baseline wet year gain of 50,900 afy, Exhibits 2-1A and 2-1B (column I, rows 47 versus 23) and Exhibit 2-2C (row 70, column I). The 2070 scenario loss in net stream gain is greater than the increase in groundwater pumping. The 2070 scenario average annual loss in stream flow relative to the Historical baseline of -37,700 afy is approximately 104% of the 36,300 afy 2070 increase in average annual groundwater production, Exhibit 2-2C (rows 68, 70 and 71, column C). The 2070 scenario stream flow loss from the Historical baseline continues for the different water year types ranging from -81% to -134%, Exhibit 2-2C (rows 70 and 71, columns E to J). The Corning GSP planned increase in groundwater pumping with the 2070 scenario appears to result in both a loss in groundwater storage and a loss in surface water flows, Exhibit 2-1B (rows 45, 46 and 47, column C). These losses contrast with the Historical baseline where annual average for both water budget components is positive, Exhibit 2-1A (rows 21, 22 and 23, column C). The 2070 loss in surface water flow that exceeds the increase in pumping suggests that the subbasin may be at a hydraulic and ecological tipping point. The Corning GSP proposed 2070 management of subbasin raises the several questions about the sustainability of future stream flows: Brunner P., Cook P. G., and Simmons C. T., 2009, Hydrogeologic controls on disconnection between surface water and groundwater, Water Resources Research, v. 45, W01422, pp. 1-13. https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2008WR006953 Brunner P., Cook P.G. and Simmons C.T., 2011, Disconnected Surface Water and Groundwater: From Theory to Practice, Ground Water, v. 49, no. 4, pp. 460-467. https://libra.unine.ch/Publications/Philip_Brunner/25762 Cook P.G., Brunner P., Simmons C.T., Lamontagne S., 2010, What is a Disconnected Stream?, Groundwater 2010, Canberra, October 31, 2010 November 4, 2010, p. 4. https://www.researchgate.net/profile/Philip- Brunner/publication/266251504_What_is_a_Disconnected_Stream/links/54dfa2c80cf29666378b9e57/What-is-a- Disconnected-Stream.pdf Fox G.A. and Durnford D.S., 2003, Unsaturated hyporheic zone flow in stream/aquifer conjunctive systems, Advances in Water Resources, v. 26, pp.. 989-1000. http://www.geol.lsu.edu/blanford/NATORBF/5%20Modeling%20Papers%20of%20Groundwater%20Flow%20of%20S tream&Aquifer%20Systems/Fox%20et%20al_Water%20Resources_2003.PDF Corning Sub-basin GSAPage 29 5/11/22 Meeting Materials Page 11 of 22 AquAlliance Comments Corning GSP Why is a loss in stream flow that exceeds the increase in groundwater pumping by 104% considered a beneficially sustainable management practice? Shouldne loss in stream flow caused by an increase in pumping be considered an undesirable result to interconnected surface waters, and a negative impact to the Public Trust? proposed 2070 scenario groundwater production in the Corning Subbasin be reduced below the proposed sustainable yield of 171,800 afy, Section 4.4.6 (pages 4-88 and 4-89, pdf 361 and 362), to prevent the undesirable results of a significant and unreasonable loss of interconnected surface water flow? Does the additional loss of surface water proposed by the GSP require a water rights diversion and storage permit? If yes, where is the point of diversion and what are the permit conditions? Does SGMA allow a GSP to reduce surface water flows without a full water availability analysis that documents the impacts of the reductions on existing water rights, demonstrates that the minimum surface water flows and by-pass flow requirements will be met, and shows that ecological and Public Trust resources will be protected? 7. In addition to the calculation of the basin-wide loss in interconnected stream flow with the 2070 scenario, the Corning GSP provides data on the change in stream flows for three major surface water bodies in the subbasin: the Sacramento River, Stony Creek and Black Butte Lake, and Thomes Creek, Exhibit 4. The Sacramento River is the only major stream during the Historical baseline period that had a positive net gain in flow from groundwater discharge, i.e., an increase in surface flows, Exhibit 4-1A (row 3, columns B through I). Stony Creek and Black Butte Lake received a small minor compared to the seepage losses, so the net stream gain was negative, Exhibit 4-1A (row 4 through 8, columns B through I). For Thomes Creek, the net stream gain was all negative with apparently no groundwater discharging to the creek, Exhibit 4-1A (rows 9 through 11, columns B through I). Note, receive discharge from groundwater can still be affected by changes in groundwater level and therefore be interconnected, see references listed in footnote 2 of Comment No. 6. The projected 2070 scenario exhibits a significant reduction in the net stream gain in all three of these surface water bodies, which is consistent with the basin-wide change, Exhibit 4-1B. The Sacramento River will have the greatest change in net stream flow with an annual average of loss of -63,000 afy, a -178% loss from the Historical baseline, Exhibit 4-2C (row 31, columns B and C). The majority of the subbasin stream flow losses continue with the Sacramento River for all water year types (row 31, columns B through I). The sum of the changes in the three surface water bodies is a loss averaging -86,000 afy with the water year type losses ranging from -57,850 afy to -84,200 afy, Exhibit 4-2C (row 42, columns B through I). Note that the sum of the losses in net stream gains for these three surface water bodies is Corning Sub-basin GSAPage 30 5/11/22 Meeting Materials Page 12 of 22 AquAlliance Comments Corning GSP greater than the basin-wide loss in net stream gains for the annual average and all water year types; compare Exhibit 4-2C (row 42, columns B through I) with Exhibit 2-2C (row 70, columns C through J). It is unclear what causes this difference even though the summation of the change in the net gains from Black Butte Lake. Including the lake make up for the difference between the two surface water budgets. ing both the basin-wide and the three itemized surface water body water budgets is that the 2070 scenario predicts significant and unreasonable losses from interconnected surface waters, which should be considered an undesirable result, and a negative impact to the Public Trust quantify or analyze the effects of the interconnected surface water loss on beneficial uses of the surface water. Without the beneficial uses and water availability analyses, the management of the subbasin should maintain the Historical baseline surface water flows. Maintaining Historical baseline surface water flows may require reductions in the annual groundwater pumping below the historical rates because of climate change. AquAlliance Exhibit 3 compares the Current scenario water budget to the Projected 2070 scenario. The Current scenario water budget evaluates the existing supply, demand, and change in storage under the most recently available population, land use, and hydrologic conditions, Section 4.1.3 (page 4-13, pdf 286). The Current water budget shows an increase in annual average groundwater pumping to 157,900 afy, an increase of 22,000 afy over the Historical baseline of 135,900 afy. The Current scenario has an annual average net stream gain of 10,000 afy, a change of -23,100 afy from the 33,100 afy Historical baseline, AquAlliance Exhibits 2-1A and 3-1A (rows 20 and 23, column C). As with the 2070 scenario, the Current scenario ratio of the change in net stream gain to change in groundwater pumping is negative and greater than one at -105% (-23,100 afy / 22,000 afy = -1.05 = -105%). This suggests that future climate changes may cause a reduction in net stream gain even with the Historical baseline rates of groundwater pumping. Corning GSP and the management actions should be revised so that the 2070 scenario groundwater production is made sustainable by not causing losses in interconnected surface waters. Future subbasin groundwater management should maintain the flows in the subbasin stream and river to, at a minimum, match the Historical baseline in flow quantity, flow timing and flow location. 8. AquAlliance Exhibit 5 gives the values for the Land Surface Budget for the Historical baseline, part A, and the projected 2070 scenario, part B. The differences between the baseline and the 2070 scenario are given in part C. Overall there is an increase in the total inflow and outflow with the 2070 scenario, Exhibit 5C (rows 26 and 31, columns C through J). However, the direction of change is not the same for each water budget component. Corning Sub-basin GSAPage 31 5/11/22 Meeting Materials Page 13 of 22 AquAlliance Comments Corning GSP The 2070 scenario inflow for precipitation and applied groundwater both increase over the Historical baseline, but the applied surface water decreases. For the 2070 scenario the total outflow increases with the increases in evapotranspiration and overland flow. These increases in outflow appear to cause the decrease in deep percolation and return flow to streams, Exhibit 5C (rows 27 and 30, columns C through J). The total change in soil and unsaturated zone storage from Historical baseline to the 2070 scenario is negative for the annual average and the BN/AN water year, positive for the CD/D drought water years, and zero for the wet years, Exhibit 5C (row 32, columns C through J). It is unclear if the loss in return flow to streams in the Land Surface Budget, Exhibit 5 (row 30), is a part of the net stream gains component in the Groundwater and Surface Water budgets, Exhibits 2, 3 and 4. 9. The MT depths are apparently calculated assuming the sustainable yield of 171,800 afy for the 2070 scenario. The Corning GSP calculates a sustainable yield by subtracting the average annual negative change in annual groundwater storage in the projected 2070 scenario from the average annual groundwater production, Section 4.4.6 (pages 3-61 and 3-62, pdf 361 and 362), Table 4-15 (page 4-69, pdf 432), and AquAlliance Exhibit 2-1B (rows 44 and 45, Column C). As discussed in Comments Nos. 6 and 7, the proposed 2070 scenario management of the subbasin will result in a significant loss in interconnected surface waters while groundwater pumping is allowed to increase presumably up to this sustainable yield. Note that the projected pumping during CD/D water years is greater than the sustainable yield at 182,300 afy, AquAlliance Exhibit 2-1B (row 44, column E). The calculation of the 2070 scenario sustainable yield, using only the change in storage, estimated 2070 scenario loss of interconnected surface waters should be considered an undesirable result for the Corning Subbasin unless beneficial uses and water availability analyses are done to demonstrate that the management actions and the GSP cause no significant and Trust resources. The GSP does cite a portion of the description of role of the sustainable yield estimate in SGMA from the 2017 Sustainable Management Criteria Best Management 4 Practices, Section 4.4.6 (page 4-88, pdf 361). The following is the full text from the BMP document with italics and underlines added: Role of Sustainable Yield Estimates in SGMA In general, the sustainable yield of a basin is the amount of groundwater that can be withdrawn annually without causing undesirable results. Sustainable yield is referenced in SGMA as part of the estimated basinwide water budget and as the outcome of avoiding undesirable results. 4 https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/Groundwater-Management/Sustainable- Groundwater-Management/Best-Management-Practices-and-Guidance-Documents/Files/BMP-6-Sustainable- Management-Criteria-DRAFT_ay_19.pdf Corning Sub-basin GSAPage 32 5/11/22 Meeting Materials Page 14 of 22 AquAlliance Comments Corning GSP sustainable yield be provided in the GSP (or in the coordination agreement for basins with multiple GSPs). A single value of sustainable yield must be calculated basinwide. This sustainable yield estimate can be helpful for estimating the projects and programs needed to achieve sustainability. SGMA does not incorporate sustainable yield estimates directly into sustainable management criteria. Basinwide pumping within the sustainable yield estimate is neither a measure of, nor proof of, sustainability. Sustainability under SGMA is only demonstrated by avoiding undesirable results for the six sustainability indicators. If this description of the role of the sustainable yield estimate in SGMA is followed, then the loss of flows in interconnected surface waters should be accounted for in the yield estimate. The Historical baseline water budget shows that the net stream gains are always positive for each water year type, AquAlliance Exhibit 2-1A (row 23, columns C through J). Even the Current scenario water years have positive net stream gains, although they are reduced from the Historical baseline, also see Comment No. 7, AquAlliance Exhibit 3-1A (row 23, columns C through J), whereas the net gains for the 2070 scenario are all negative, except for wet water years when a positive 3,700 afy gain is estimated, a 93% reduction from the Historical baseline of 50,900 afy for wet water years, AquAlliance Exhibit 2-1B (rows 23, 47 and 70, columns C through J). The estimate of the sustainable yield for the Corning Subbasin using only the storage because it ignores the undesirable result to interconnected surface waters. The definition of sustainable yield in SGMA, WC 10721(w), requires that annual groundwater withdrawals do not cause an undesirable result, that is one or more. All six of the sustainability indicators listed in WC 10721(x) need to be considered when estimating the volume of groundwater that can be sustainably produced, that is, the sustainable yield. The sustainable yield for the Corning Subbasin should be revised to account for impacts on interconnected surface water flows and the other five sustainability indicators. If \[t\]he key to demonstrating a basin is meeting its sustainability goal is by avoiding undesirable results (page 33 in DWR, 2017, Sustainability BMPs footnote 3), then the GSP must prevent impacts to interconnected surface waters and the other undesirable results. Without an impact analyses, the Corning Subbasin sustainable yield must result in net stream gains to interconnected surface water that are equal to or greater than the Historical baseline at the start of SGMA. This may require a reduction in groundwater pumping from the Historical baseline if other components of the water budget result in additional losses to surface water flows or other undesirable results, see Comment No. 7. The multiple scenarios Corning Sub-basin GSAPage 33 5/11/22 Meeting Materials Page 15 of 22 AquAlliance Comments Corning GSP sirable results is achieved. The estimated groundwater pumping from that iterative analysis would be the appropriate sustainable yield. s in net stream gains with both the basin-wide and the three itemized surface water body water budgets is that the 2070 scenario predicts significant and unreasonable losses from interconnected surface waters which should be considered an undesirable result, and a negative impact to the Public Trust. The Corning GSP ntify or analyze the effects of the interconnected surface water loss on beneficial uses, users, or the Public Trust. Without the beneficial uses and water availability analyses, the management of the subbasin shouldinterconnected surface waters sustainability indicator below levels of the Historical baseline, and, in fact, may need to improve the conditions in the subbasin to correct the management problems that lead to 5 the SGMA high-priority status, which triggered the need to develop a GSP for the Corning Subbasin. 10. The apparently arbitrary decisions used in setting the MT depths were discussed above in Comment No. 1. A more appropriate method for establishing the MT depths to prevent undesirable results is to use the historical data of changes in groundwater levels and groundwater storage during periods of extended below-normal water years,( i.e., droughts). The Corning GSP provides information on the groundwater water budgets for each type of water year with the Historical baseline, Current, and Projected 2070 scenarios in Appendix 4D Tables 4D-6, 4D-14, and 4D-34, respectively (appendices only file pdf 421, 429, and 449). The cumulative change in groundwater storage for the Historical baseline is plotted in Figure 3-31 (page 3-75, pdf 224). The GSP do provide a plot of the other scenario cumulative change in storage. AquAlliance Exhibit 6 is a plot of the Current and Projected 2070 cumulative changes in groundwater storage based on the groundwater model of the Corning Subbasin. A table is included on the exhibit that lists values for the averages and three water year types for the Historical baseline, Current, and 2070 scenario water budgets, see AquAlliance Exhibits 1, 2 and 3. Lines are drawn on top of the cumulative change graphs that estimate the slope of the annual loss groundwater storage during droughts lasting 3 or more years. The estimated annual loss in storage ranges from -34,375 afy to -57,600 afy. The estimated average annual loss in groundwater storage for the 2070 scenario in CD/D water years falls within this range at -41,800 afy, AquAlliance Exhibit 2-1B (row 45, column D). The Corning GSP also provides information on the changes in groundwater level in the subbasin from 2010 to 2015 on Figure 3-22 (page 3-55, pdf 204) and the change in groundwater storage during this time in Table 4D-2 (appendices only file pdf 417), and in Section 3.2.3 (pages 3-72 and 3-74, pdf 222 and 223). Using the average changes in 5 Corning Subbasin 5-021.51, high priority with 22.5 priority points, accessed 4.16.2022; https://gis.water.ca.gov/app/bp-dashboard/final/ Corning Sub-basin GSAPage 34 5/11/22 Meeting Materials Page 16 of 22 AquAlliance Comments Corning GSP groundwater levels and the cumulative change in groundwater storage from 2010 to 2015, an estimate can be made of the basin-wide volume of groundwater yielded with each 1-foot decline in groundwater level. The volume in acre-feet per foot (af/f) can then be used to estimate a basin-wide average decline groundwater during consecutive years of drought. AquAlliance Exhibit 7 provides several tables that list and calculate the average decline in depth of groundwater from 2010 to 2015 taken from Figure 3-22 and sorted into the stable, slight decline and declining sub-regions as shown on Figure 6-1 (page 6-12, pdf 421). The decrease in groundwater levels from 2010 to 2015 ranged from -9.2 feet for the stable region to -16.8 for the declining region, with a basin-wide average of -13.75 feet. Using this average decline and the cumulative loss in groundwater storage of -114,600 af calculated from data in Table 4D-2, a basin-wide average yield of 8,334 af/f is estimated. Using the 207,342 total acres for the Corning Subbasin, Section 3.1.1 (page 3-1, pdf 150), an average specific yield of approximately 4% is calculated for the shallow aquifer system. If the acreage for the available groundwater is less than the full subbasin area, the specific yield increases to approximately 5.56% and 8.33% for 150,000 and 100,000 acres of available groundwater source area. Using the estimated basin-wide yield of 8,334 af/f, a calculation can be made for the basin-wide average decline in groundwater level that would occur during multiple CD/D water years, i.e., a drought, for both the Historical baseline and the 2070 scenario. 11. The sustainable management of groundwater as envisioned by SGMA likely requires that a temporary groundwater storage surplus be maintained to meet the needs of users during droughts and to protect the beneficial uses of streams, wildlife, and groundwater dependent ecosystem (WC 10721(w)). That is, subbasin management actions should provide for storing sufficient groundwater needed to counter the losses from a drought to protect and minimize drought impacts to all beneficial uses and users, and the Public Trust. If that is a declining groundwater levels for a reasonable number of continuous years of drought after adjusting for the temporary storage surplus created during normal, above normal, and wet rather than the arbitrary method of the Corning GSP that set the depths far below the recent historical maximum, which then results in several decades of continuous groundwater level declines and loss in storage before an undesirable result needs to be declared? The average annual Historical baseline change in groundwater storage for CD/D water years is -27,450 afy, AquAlliance Exhibit 2-1A (row 21, column E). Using the 8,334 af/f basin-wide yield and the Historic baseline change in annual storage, an average annual decline in groundwater level of -3.29 ft is calculated, AquAlliance Exhibit 7. For a drought of 3 consecutive CD/D water years, a cumulative storage loss of -82,350 af would be accompanied by a -9.9 ft decline in groundwater level. For 4 consecutive CD/D water years, the cumulative Corning Sub-basin GSAPage 35 5/11/22 Meeting Materials Page 17 of 22 AquAlliance Comments Corning GSP storage loss would be -109,800 af with a groundwater level decline of -13.2 ft. This estimated decline in groundwater level is consistent with the 2010 -2015 decline of 13.75 ft. If the change in groundwater storage for CD/D water years with the 2070 scenario of -41,800 afy is used, the decline in groundwater would be approximately -5 feet per drought year. For 3 consecutive 2070 scenario CD/D drought years, the decline would be -15 feet, and for 4 consecutive years the decline would be -20 feet. The -20 feet is consistent with the Corning GSP setting the MT depth for the stable shallow aquifer zone at the \[m\]inimum fall groundwater elevation since 2012 minus 20-foot buffer, AquAlliance Exhibit 1. In other words, the MTs are apparently set to allow for 4 years of additional drought after groundwater levels decline to the lowest fall groundwater elevation since 2012. Declaration of an undesirable result wouldanother 2 years of continuous drought -month exceedance requirement, or 6 years after the lowest historical groundwater level is reached. The decline to the lowest elevation since 2012 may take one or more years based on the elevation difference between the MOs and the 2012 low, AquAlliance Exhibit 1-2. Therefore, the MTs appear to be set to allow for 7 years of continuous drought at the 2070 scenario rate of storage loss. Setting the MT depths to trigger an undesirable result in the lowering of groundwater level at 7+ years of drought is a questionable management practice that will likely result in significant and unreasonable impacts to shallow domestic wells and interconnected surface waters. 12. A more appropriate method for determining the MT depth would be to use the estimated decline in groundwater levels from an extended period of drought, such as 3 years. The MTs depths would be set at the depth below the MOs that accommodates the decline in groundwater levels during this extended period of drought. From the discussion in Comment No. 11, the MTs for 2070 scenario should be set at no deeper than 15 feet below the MO elevations. The MT depth may need to be less to accommodate the 24 months of MT exceedance requirement. The GSP proposes that a declaration of an undesirable result can be made only after groundwater levels decline below the MT depth and remain there for 24 continuous months. If the MTs are set at 15 feet below the MOs, then a drought of 5 years could occur before an undesirable result would be declared with possibly an additional 10 feet of groundwater decline. This would result in 25 feet of groundwater level decline under the 2070 scenario and a total storage loss of approximately 200,000 af (25 years X 8,334 af/f = 208,350 af), which is not quite double the 114,600 af historical storage loss from 2010 to 2015, AquAlliance Exhibit 7. This suggests that perhaps a more appropriate sustainable depth for the MTs should be set at 5 feet below the MOs that allows only 1 year of drought storage loss with the assumption that an additional 2 years of drought can occur before an undesirable result is declared. 13. As discussed in Comment Nos. 6, 7 and 9, the 2070 scenario assumption that the Corning Subbasin has a sustainable yield of 171,800 afy is inappropriate because this volume of Corning Sub-basin GSAPage 36 5/11/22 Meeting Materials Page 18 of 22 AquAlliance Comments Corning GSP pumping results in significant and unreasonable loss to interconnected surface waters, which is a SGMA unreasonable result. The 2070 scenario CD/D water year pumping is estimated at 182,300 afy, which results in greater losses to stream flow than with the average annual 2070 production, AquAlliance Exhibit 2-1B (rows 44 and 47, columns C and E). As discussed in Comment No. 9, the sustainable yield of the subbasin needs to be recalculated based on beneficial uses and surface water availability analyses so that none of the six SGMA undesirable results occur. Without the beneficial uses and water availability analyses, the GSP should assume that the future pumping volumes are no greater than the Historical baseline. The sustainable yield pumping may need to be less to accommodate future climate changes, see Comment No. 7. With a reduction in sustainable yield pumping volume, the annual loss in groundwater storage will likely be reduced. A reduction in CD/D water year storage losses would require recalculation of the proper depth for the MTs below the MOs, which would likely reduce the elevation difference between the MOs and MTs. 14. The Corning GSP identified salinity, nitrate, and arsenic as Contaminants of Concern (COC) for the subbasin, Section 3.2.6.3 (page 3-94, pdf 243). The plan also identified the locations of historical and current contaminant cleanup sites, Figures 3-37 through 3-40 and Table 3-8 (pages 3-86 through 3-90, pdf 235 through 239). The COC at the cleanup site include fuels, solvents, herbicides, fumigants, and pesticides, Table 3-8. The GSP states that local, state, and federal water quality standards applicable to the Subbasin need to be taken into consideration when setting water quality sustainable management criteria (SMC), and that ata during GSP implementation and establish consistency with other programs, Section 6.8.2 (page 6-41, pdf 450). Despite the occurrence of multiple COCs in the subbasin, the GSP will track as a sustainable management criterion only one water quality COC, salinity, using Total Dissolved Solids (TDS) concentrations. To track salinity, the GSP will rely on a RMP groundwater quality monitoring well network of 15 wells, made up of 11 municipal wells in the City of Corning and Hamilton City, and 4 small water supply wells, Section 5.4.1.6, and Figure 5-8 (page 5-27 and 5-28, pdf 389 and 390). Tables 5-3 and 5-4 (pages 5-21 and 5-25, pdf 383 and 387) list public water supply wells and groundwater quality network wells, but the 15 RMP network water quality wells a in these tables, except in Figure 5-8, which has only general well owner identifications. Therefore, the actual wells the GSP will use for the RMP water quality monitoring network and location. A table is needed that lists the RMP groundwater water quality wells names, well locations, well owners, screened intervals, well types, water quality monitoring frequency, all the COC that will be monitored at each well, the water quality standards for each COC, the monitoring and reporting frequency, and the monitoring and reporting agency. The SMC for groundwater quality requires that at least 25% of the 15 RMP network water quality monitoring wells, i.e., 3 wells, must exceed the salinity MT for 2 consecutive years Corning Sub-basin GSAPage 37 5/11/22 Meeting Materials Page 19 of 22 AquAlliance Comments Corning GSP where it is established that the GSP implementation is the cause of the exceedance to trigger an undesirable resul t, Table ES-1, and Section 6.8.4.1 (page ES-22, 6-45 and 6-46, pdf 42, 455 and 456). The justification for requiring water quality exceedance in multiple wells for multiple ye for the expansion of water quality degradation before the Corning GSAs will act to prevent an undesirable result. Taking action to protect water quality, especially for drinking water supplies, until the problem gets widespread and pervasive. In addition, the requirement that someone must SGMA requirement to protect water quality. The definition of unreasonable result for water quality degradation includes the migration of contaminant plumes that impair water supplies, WC 10721(x)(4), even when the plumes are caused by the GSAs implementation of the GSP. The sustainability standard directs the GSAs to prevent the spread of the contaminant(s), regardless of who is to blame for the plume or water quality degradation. Actions by the GSAs should need to wait for long-term exceedance of a water quality standard at multiple wells across a large portion of the subbasin before actions are taken to mitigate the impact. In addition, groundwater management actions should prevent the migration of contaminant plumes into the Corning Subbasin from adjacent subbasins. The GSP should describe future management actions that will be taken to prevent the spread of contaminants even before they exceed the water quality standards at one or more of the RMP network wells, and at the other water quality monitoring wells in the Corning Subbasin and adjacent subbasins. The GSP should also address how the Well Mitigation Program will assist domestic wells owners whose wells have become polluted. Assistance such as well head testing and treatment should be part of the Corning GSPs water quality mitigation program. Although the Corning GSP calls for coordination in management of water quality with other governmental agencies, are the MOs or MTs for all the potential contaminants of concern in the Corning Subbasin, or what GSP management actions will be taken whenever a water quality impact is identified by these coordinating agencies. What is the role of the GSAs in protecting water quality for all beneficial uses and users? In particular, the protection of domestic water supply must be the primary concern for managing the subbasin, WC 106.3(a). SGMA empowers the GSAs with the authority to control pumping rates and locations throughout the subbasin to protect all beneficial uses and users of groundwater, an authority over groundwater resources that other regulatory agencies xecutive Order N-7- 22. Corning Sub-basin GSAPage 38 5/11/22 Meeting Materials Page 20 of 22 AquAlliance Comments Corning GSP The Corning GSP should provide a concise description of what projects and management actions the GSAs will be taking to prevent degradation of the subbasin water quality for all potential COCs, describe how the GSAs will remedy in a timely manner any water quality degradation that occurs, and develop a Well Mitigation Program that is fully funded and provides for meaningful assistance to impacted well owners with repair, treatment, and/or well replacement. 15. The Corning GSP sets the MO at zero feet for inelastic subsidence solely due to lowered groundwater elevations throughout the subbasin, in addition to any measurement error, Section 6.9.3 (page 6-55, pdf 464). If the InSAR dataset is used with its measurement error of 0.1 ft, then annual subsidence of 0.1 ft or less would not be considered measurable inelastic subsidence. The MT rate for inelastic subsidence is 0.50 ft over 5 years, Table ES-1 and Sections 6.9.2 (pages 6-48, pdf 457). Although the Corning Subbasin has experienced little to no historical inelastic subsidence since the start of monitoring in 2004 (page 6-48, pdf 457), the MT was to maintain consistency with neighboring subbasins, Section 6.9.2.3 (pages 6-55 and 6- 54, pdf 462 and 463). The neighboring subbasin to the south, Colusa Subbasin, has historically experienced inelastic subsidence and the MT for subsidence for that subbasin is also 0.5 feet over 5 years. Figure 6-11 shows the InSAR land subsidence data for the area at the southern border between the two subbasins surrounding Orland and Hamilton City (page 6-49, pdf 458). A north-south oriented area of subsidence ranging from -0.25 to -0.75 feet occurs just south of Orland. The Corning GSP indicates that groundwater pumping in the Colusa Subbasin near Orlan the potential to impact the ability of the Corning Subbasin GSAs to meet the subsidence minimum thresholds-54, pdf 463). Apparently, to be consistent with a se the same MT, . The Corning an MT that allows northward expansion of the Colusa Subbasin subsidence is beneficial to the infrastructure and landowners in the Corning Subbasin. historical long-term subsidence in the Subbasin, and if this in the future, then beneficial users and land uses should not be impacted by the subsidence minimum threshold, Section 6.9.2.4 (page 6-54, pdf 463). While it is probably true that if the Corning Subbasin continues to have little or no inelastic subsidence, the MT value will have no effect. However, it might not be true if subsidence begins the 0.50 ft over 5 years MT subsidence rate is a reasonable standard experience inelastic subsidence. The logic of the Corning GSP in setting the MT the same as the Colusa GSP seems to be that if they are okay with this amount of subsidence, then we should be okay too. No actual assessment of the impacts of this level of subsidence on the infrastructures in the Corning Subbasin are proposed in the GSP. Corning Sub-basin GSAPage 39 5/11/22 Meeting Materials Page 21 of 22 AquAlliance Comments Corning GSP The Corning GSP takes the approach that: The undesirable result for subsidence allows for no more than 0.5 foot of cumulative subsidence in the Subbasin during a 5-year period. This amount of subsidence is not likely to impact beneficial users and land uses such as highways, canals, and pipelines as it is about equal to the total subsidence in one portion of the Subbasin and no impacts to infrastructure have been reported to date. No other beneficial users or land uses are anticipated to be impacted by subsidence in the Subbasin. Section 6.9.4.3 (page 6-57, pdf 466) This technical standard needs some technical justification. The Corning GSP should be revised to provide specific information on the critical infrastructure in the Subbasin that includes: a description of the structures, the entities responsible for maintenance, how much subsidence these structures can tolerate without structural damage, the linkage and/or interdependence of these structures, the alternatives should a structure fail, the estimated costs for repairing structural damage, and the frequency of structural inspections, etc. In addition to evaluating critical infrastructure, the GSP should address how small areas of subsidence, such as sinkholes, will be managed. Sinkholes, peat decomposition, and natural settlement can all be triggered by declining groundwater levels. The GSP appears to require proof that settlement or subsidence is due to groundwater pumping, Section 6.9 (page 6-47, , in particular, and affects only a few private structures, like homes. The GSP seems to say that the landowner is responsible for demonstrating to the GSAs that the cause of any local settlement is groundwater decline due to pumping. Even if the landowner was able to prove the cause was declining groundwater propose any mitigation program to assist in making structural repairs. Lastly, the Plan fails to disclose the numerous sinkholes within and just outside the subbasin. The sinkholes were widely discussed by local and state government from August 2021 67 forward, allowing time to insert this information in the draft and final GSPs. This serious omission adds to the conclusion that the Corning GSP and GSAs are not ready to take on the task of managing the subbasin. 6 Massa, Rick August 16, 2021 e- 7 "Ms. Hunter also stated that staff was made aware of sink holes developing in the Colusa and Corning subbasins, and that a site visit has been conducted with Department of Water Resources." Glenn Groundwater Authority December 14, 2021 minutes p. 2 (packet pdf p. 8). Corning Sub-basin GSAPage 40 5/11/22 Meeting Materials Page 22 of 22 AquAlliance Comments Corning GSP Conclusion For all the reasons discussed in our comments on the Corning Subbasin here, the Plan fails to beneficial users and uses. In accordance with legal requirements to protect the Public Trust, the Plan also fails. It also appears that the GSP will foist the responsibility to demonstrate damage from undesirable results on the unsuspecting public, creating an impossible burden for all but the large water districts with deep pockets. The Plan must be rejected by DWR and the SWRB. Respectfully submitted, Bill Jennings, Chairman Barbara Vlamis, Executive Carolee Krieger, President California Sportfishing Director California Water Impact Protection Alliance AquAlliance Network 3536 Rainier Avenue P.O. Box 4024 808 Romero Canyon Road Stockton, CA 95204 Chico, CA 95927 Santa Barbara, CA 93108 (209) 464-5067 (530) 895-9420 (805) 969-0824 deltakeep@me.com barbarav@aqualliance.net caroleekrieger@cox.net Jim Brobeck Water Policy Analyst AquAlliance jimb@aqualliance.net Corning Sub-basin GSAPage 41 5/11/22 Meeting Materials Page 42 Corning Sub-basin GSA5/11/22 Meeting Materials Page 43 Corning Sub-basin GSA5/11/22 Meeting Materials Bwfsbhfjo Bwfsbhfjo Bwfsbhf &!Dibohf!!!&!Dibohf!!!&!Dibohf!!! Cfmpx DsjujdbmmzjoXfu Bwfsbhf-!!!!!!!&gspn!!!!!gspn!!!gspn!!! DpnqpofouOpsnbm0Bcpwf Esz0EszZfbst BGZDpousjcvujpo+Ijtupsjdbm!!!!Ijtupsjdbm!!!!Zfbst-!!!!!!!!!!Ijtupsjdbm!!!! OpsnbmZfbst BwfsbhfBwfsbhfBGZBwfsbhf Jogmpxt Pvugmpxt . . 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Corning Sub-basin GSAPage 46 5/11/22 Meeting Materials Bwfsbhfjo Bwfsbhfjo Bwfsbhf &!Dibohf!!!!&!Dibohf!!!!&!Dibohf!!!!&!Dibohf!!!! Bwfsbhf!Cfmpx DsjujdbmmzjoXfu gspn!!!gspn!!!gspn!!!gspn!!! DpnqpofouEjggfsfodf-!!!!Opsnbm0Bcpwf Esz0EszZfbst Ijtupsjdbm!!!!Ijtupsjdbm!!!!Ijtupsjdbm!!!!Zfbst-!!!!!!!!!!Ijtupsjdbm!!!! BGZOpsnbmZfbst BwfsbhfBwfsbhfBwfsbhfBGZBwfsbhf Jogmpxt Pvugmpxt Tupsbhf .... Corning Sub-basin GSAPage 47 5/11/22 Meeting Materials Corning Sub-basin GSAPage 48 5/11/22 Meeting Materials Corning Sub-basin GSAPage 49 5/11/22 Meeting Materials Npejgjfe!Ubcmf5E.4/!Dpsojoh!TvccbtjoIjtupsjdbmMboeTvsgbdfCvehfu-BoovbmBwfsbhfczXbufsZfbsUzqf Bwfsbhfjo Bwfsbhfjo Bwfsbhf &!Dibohf!&!Dibohf!&!Dibohf! Cfmpx DsjujdbmmzjoXfu Bwfsbhf-!!!!!!&gspn!gspn!gspn! Opsnbm0Bcpwf Esz0EszZfbst BGZDpousjcvujpo+Ijtupsjdbm!Ijtupsjdbm!Zfbst-!!!!!!!!!!!Ijtupsjdbm! 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OpsnbmZfbst BwfsbhfBwfsbhfBwfsbhfBGZBwfsbhf Corning Sub-basin GSAPage 50 5/11/22 Meeting Materials Corning Sub-basin GSAPage 51 5/11/22 Meeting Materials Corning Sub-basin GSAPage 52 5/11/22 Meeting Materials WƚƭĻƦŷ5͵IǒŭŷĻƭЏЏЊЌЋБЎЋЊАƆŷǒŭŷĻƭθƉƌĻźƓƌğǞ͵ĭƚƒ 10000StockdaleHighway,Suite200,Bakersfield,CA93311 p.6613951000f.6613260418 ǞǞǞ͵ƉƌĻźƓƌğǞ͵ĭƚƒ April 22, 2022 Paul Gosselin Department of Water Resources 901 P Street Room 213 Sacramento, CA 94236 Re: Comments to the GSP for the Corning Groundwater Basin Dear Mr. Gosselin: The purpose of this letter is to provide the Department of Water Resources (DWR) with the comments of Farmland Reserve, Inc. (as the landowner) and Deseret Farms of California (as the operator) to Tehama County Flood Control & Water Conservation District Groundwater Sustainability Agency and Corning Subbasin Groundwater Sustainability sustainability plan (GSP). Provided are those comments: 1. The GSAs should refine Figures 6-1 and 6-2 Section 6.6 of the Sustainable Management Criteria (SMC) chapter, regarding the Chronic Lowering of Groundwater Levels identifies three general zones with distinct groundwater level trends. (see GSP, Section 6.6. three general zones, as illustrated in Figures 6-1 and 6-2, demonstrates the variability of groundwater conditions across the Subbasin using oval shapes demonstrates the area within the Subbasin in which groundwater levels are declining the most. ea within the Subbasin in which groundwater levels are only slightly declining. And finally, demonstrates the area within the Subbasin in which groundwater leve ree general zones. This overlap could result in unclear or incorrect data and therefore affect the Subbasin and the unique characteristics of each general zone. To avoid this issue, the GSAs should refine Figures 6-1 and 6- better define areas related to selected representative monitoring points (RMP). It will also help to avoid overlap of information, and tie in land and aquifer characteristics based on established RMPs. Vina Groundwater of how this approach can be used successfully. There, Vina GSA created management areas Klein, DeNatale, Goldner, Cooper, Rosenlieb, & Kimball, LLP Bakersfield|Fresno|SanDiego|SantaBarbara Corning Sub-basin GSAPage 53 5/11/22 Meeting Materials Klein DeNataleGoldner Paul Gosselin April 22, 2022 Page 2 by dividing the subbasin into specific polygons. Each polygon, being different in shape and size, was determined by the distribution of the representative monitoring site wells in the area. Vina GSA found that its use of this approach resulted in a more refined data set for use in its GSP. Therefore, we recommend that the GSAs refine Figures nd use of this approach. We raised this concern to the GSAs; however, their response quickly dismissed our comment, stating that: The three groundwater level trends do not provide a specific boundary for each trend and were not indented to be used as management areas. The generalized zones are for visual representation only. The GSAs concern regarding a lack of specific boundaries could be easily addressed overlap and create those specific boundaries sought after by the GSAs. Further, while the GSAs claim that these general zones were created for matter is that each general zone depicts a unique area of the Subbasin with unique groundwater characteristics, thereby creating the beginnings of three separate management areas. 2. The GSAs should establish three management areas using those newly established polygons. Currently, the GSAs have not established management areas within the Subbasin. (GSP, Section 6.4 (Pg. 6-6).) Notably, however, eserve the right to Ibid.) As noted above, the GSAs have already identified significant differences in three areas within the Subbasin. Accordingly, we do not believe that the GSAs should subject the entire Subbasin and its stakeholders to the same management practices. Instead, we believe that management areas are necessary, and therefore recommend that the GSAs establish these areas to reflect the polygons discussed above, once established. Corning Sub-basin GSAPage 54 5/11/22 Meeting Materials Klein DeNataleGoldner Paul Gosselin April 22, 2022 Page 3 3. The GSAs should revise the Measurable Objectives and the Minimum Thresholds. The GSP establishes Measurable Objectives (MO) and Minimum Thresholds (MT) for each SMC beyond what is required to achieve the For example, the MTs for the Chronic Lowering of Groundwater SMC are set as follows: For wells that had recent historical (between 2010 and 2019) stable groundwater elevations (stable wells): Minimum fall groundwater elevation since 2012 minus 20-foot buffer. For wells that had recent historical (between 2010 and 2019) declining groundwater elevations (declining wells): Minimum fall groundwater elevation since 2012 minus 20% of minimum groundwater level depth. (GSP, Section 6.6.2 (Pg. 6-8).) These MTs provide little to no operational flexibility to landowners within the Subbasin. Instead, these MTs make it harder for landowners to operate their respective farms and ranches while working towards the sustainability goal of the Subbasin. The GSAs should look towards their neighbors, Red Bluff Subbasin GSA and Antelope Subbasin GSA, to consider potential revisions to the MTs. drastic MTs. Both GSAs have set the MTs for the Chronic Lowering of Groundwater SMC as follows: Upper Aquifer: Spring groundwater elevation where less than 10 - 20% (on average) of domestic wells could potentially be impacted. Lower Aquifer: Spring groundwater elevation minus 20 to 120 feet. (see Red Bluff Subbasin GSA GSP, Section 3.3.1.1 (Pg. 3-19); see also Antelope Subbasin GSA GSP, Section 3.3.1.1 (Pg. 3-17).) within the Subbasin would have the flexibility needed to realistically and timely achieve the Corning Sub-basin GSAPage 55 5/11/22 Meeting Materials Klein DeNataleGoldner Paul Gosselin April 22, 2022 Page 4 purpose of the MTs, while allowing for flexibility to weather the next 20 years and beyond. In addition, such revisions would continue to be cognitive of domestic well concerns. Please feel free to contact us if you have any questions or wish to discuss any of our comments. Very truly yours, Joseph D. Hughes JDH:AND cc: Farmland Reserve, Inc. Deseret Farms of California Corning Sub-basin GSAPage 56 5/11/22 Meeting Materials Corning Sub-basin GSAPage 57 5/11/22 Meeting Materials Corning Sub-basin GSAPage 58 5/11/22 Meeting Materials Corning Sub-basin GSAPage 59 5/11/22 Meeting Materials Corning Sub-basin GSAPage 60 5/11/22 Meeting Materials Corning Sub-basin GSAPage 61 5/11/22 Meeting Materials Corning Sub-basin GSAPage 62 5/11/22 Meeting Materials Corning Sub-basin GSAPage 63 5/11/22 Meeting Materials Corning Sub-basin GSAPage 64 5/11/22 Meeting Materials Corning Sub-basin GSAPage 65 5/11/22 Meeting Materials Corning Sub-basin GSAPage 66 5/11/22 Meeting Materials Corning Sub-basin GSAPage 67 5/11/22 Meeting Materials Corning Sub-basin GSAPage 68 5/11/22 Meeting Materials Corning Sub-basin GSAPage 69 5/11/22 Meeting Materials Corning Sub-basin GSAPage 70 5/11/22 Meeting Materials Corning Sub-basin GSAPage 71 5/11/22 Meeting Materials Corning Sub-basin GSAPage 72 5/11/22 Meeting Materials Corning Sub-basin GSAPage 73 5/11/22 Meeting Materials Corning Sub-basin GSAPage 74 5/11/22 Meeting Materials Corning Sub-basin GSAPage 75 5/11/22 Meeting Materials Corning Sub-basin GSAPage 76 5/11/22 Meeting Materials Corning Sub-basin GSAPage 77 5/11/22 Meeting Materials Ipxbse-!K/L/!fu!bm/!3126/!Qbuufsot!pg!Gsftixbufs!Tqfdjft!Sjdioftt-!Foefnjtn-!boe!Wvmofsbcjmjuz!jo!Dbmjgpsojb/ QMpTPOF-!22)8*/!!Bwbjmbcmf!bu;!iuuqt;00kpvsobmt/qmpt/psh0qmptpof0bsujdmf@je>21/24820kpvsobm/qpof/1241821 Dbmjgpsojb!Efqbsunfou!pg!Gjti!boe!Xjmemjgf!CJPT;!iuuqt;00xxx/xjmemjgf/db/hpw0ebub0CJPT Tdjfodf!gps!Dpotfswbujpo;!iuuqt;00xxx/tdjfodfgpsdpotfswbujpo/psh0qspevdut0dbmjgpsojb.gsftixbufs.tqfdjft. ebubcbtf Corning Sub-basin GSAPage 78 5/11/22 Meeting Materials Corning Sub-basin GSAPage 79 5/11/22 Meeting Materials Corning Sub-basin GSAPage 80 5/11/22 Meeting Materials Corning Sub-basin GSAPage 81 5/11/22 Meeting Materials Corning Sub-basin GSAPage 82 5/11/22 Meeting Materials Corning Sub-basin GSAPage 83 5/11/22 Meeting Materials Page 84 Corning Sub-basin GSA5/11/22 Meeting Materials Page 85 Corning Sub-basin GSA5/11/22 Meeting Materials Page 86 Corning Sub-basin GSA5/11/22 Meeting Materials STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CENTRAL VALLEY FLOOD PROTECTION BOARD 3310 El Camino Ave., Ste. 170 SACRAMENTO, CA 95821 (916) 574-0609 FAX: (916) 574-0682 April 22, 2022 Paul Gosselin, Deputy Director Statewide Groundwater Management California Department of Water Resources th 1416 9 Street Sacramento, CA 95814 Lisa Hunter, Plan Manager County of Glenn GSA - Corning 225 North Tehama Street Willows, CA 95988 Subject: Comments on Corning Subbasin Groundwater Sustainability Plan Dear Mr. Gosselinand Ms. Hunter, Thank you for the opportunity to comment on the Corning Subbasin Groundwater Sustainability Plan (GSP), which is a joint document prepared by two Groundwater Sustainability Agencies 1 (GSAs). The GSP describes how the GSAs will reach long term groundwater sustainability by outlining the need to reduce overdraft conditions and by identifying projects that may replace or supplement groundwater supplies to meet current and future water demands. The Central Valley Flood Protection Board (Board) is the State’s regulatory agency responsible for ensuring appropriate standards are met for the construction, maintenance, and operation of the flood control system that protects life, property, and habitat in California’s Central Valley. The Board serves as the State coordinator between the local flood management agencies, and the federal government, with the goal of providing the highest level of flood protection possible to California’s Central Valley. Encroachment Permit As required by California Code of Regulations, Title 23, Division 1 (Title 23), Section 6, approval by the Board is required for all proposed encroachments within a floodway, on adjacent levees, and within any Regulated Stream identified in Title 23, Table 8.1. Specifically, Board jurisdiction includes the levee section, the waterward area between project levees, a minimum 10-foot-wide strip adjacent to the landward levee toe, the area within 30 feet from the top of bank(s) of Regulated Streams, and inside Board’s Designated Floodways. Activities 1 The Corning Subbasin GSP was prepared by the following GSAs: Corning Sub-basin GSA and the Tehama County Flood Control and Water Conservation District. Corning Sub-basin GSAPage 87 5/11/22 Meeting Materials Corning Basin GSP Comments Page 2 of 3 outside of these limits which could adversely affect Federal-State flood control facilities, as determined by Board staff, are also under Board’s jurisdiction. Permits may also be required for existing unpermitted encroachments or where it is necessary to establish the conditions normally imposed by permitting, including where responsibility for the encroachment has not been clearly established or ownership or uses have been changed. Some of the proposed projects identified in the GSP are within the Board’s jurisdiction, thereby requiring Board approval. These projects include, but are not limited to,the levee setback and stream channel restoration projects. Please alert Board staff if you would like to schedule a pre-application meeting to discuss any of the projects in detail and/or to determine the documentation required to process an encroachment permit. Federal permits, including U.S. Army Corps of Engineers (USACE) Section 404 and Section 10 regulatory permits and Section 408 Permission, in conjunction with a Board permit, may be required for the proposed projects. In addition to federal permits, state and local agency permits, certification, or approvals may also be required. State approvals may include, but are not limited to, California Department of Fish and Wildlife’s Lake and Streamed Alteration Agreement and Regional Water Quality Control Board’s Section 401 Water Quality Certification. The project proponent must obtain these authorizations. Closing The Board recognizes the importance of groundwater sustainability in California and commends the GSAs on their effort in planning for a more resilient future. However, the potential risks to public safety, including increased flood risks, need to be considered when developing proposed projects that seek to mitigate for unsustainable groundwater extraction. The Board seeks to establish a collaborative approach with GSAs to better fulfill our regulatory responsibilities in the new paradigm of SGMA. Board staff is available to discuss any project(s) proposed under the GSP as it relates to flood control works. If you have any questions regarding these comments, please contact Ruth Darling at (916) 574-1417, or via email at Ruth.Darling@cvflood.ca.gov. Sincerely, Ruth Darling, Program Manager Flood Planning and Programs Branch Corning Sub-basin GSAPage 88 5/11/22 Meeting Materials Corning Basin GSP Comments Page 3 of 3 ec:Lisa Hunter, Plan Manager lhunter@countyofglenn.net Paul Gosselin, Deputy Director Paul.Gosselin@water.ca.gov Portal Submission: https://sgma.water.ca.gov/portal/gsp/comments/94 Corning Sub-basin GSAPage 89 5/11/22 Meeting Materials Public Comments Received After the Public Comment Period Corning Sub-basin GSAPage 90 5/11/22 Meeting Materials Re: Corning subbasin Groundwater Sustainability Plan managing, conserving, and protecting living marine resources in inland, coastal, and offshore waters of the United States. We derive our mandates from numerous statutes, including the Federal Endangered Species Act (ESA). The purpose of the ESA is to conserve threatened and endangered species and their ecosystems. Surface water and groundwater are hydraulically linked in the Corning subbasin. Several waterways that overlie portions of the Corning subbasin support federally threatened California Central Valley (CCV) steelhead (Oncorhynchus mykiss), threatened Central Valley (CV) spring- run Chinook salmon (O. tshawytscha), the threatened Southern Distinct Population Segment (sDPS) of North American green sturgeon (Acipenser medirostris), and federally endangered Sacramento River winter-run Chinook salmon (O. tshawytscha). In addition, the Corning subbasin is designated as Essential Fish Habitat (EFH) for Pacific Coast Chinook salmon, including CV fall- run Chinook salmon and CV late fall-run Chinook, which are managed under the MSA. Where the groundwater aquifer supplements streamflow, the influx of cold, clean water is critically important for maintaining temperature and flow volume. Pumping water from these aquifer-stream complexes is likely affecting salmon and steelhead habitat by lowering groundwater levels and interrupting the hyporheic flow between the aquifer and stream. General Comments 1) The Final GSP does not adequately address the following requirement for minimum thresholds as defined in the SGMA regulations: including an explanation of how the Agency has determined that basin conditions at each minimum threshold will avoid undesirable results for each of the sustainability The GSA has not explained how the proposed minimum thresholds for streamflow depletion (i.e., groundwater levels lower than the minimum levels seen since 2012) avoids significant and unreasonable impacts to beneficial uses of surface water. Surface water beneficial uses are not described or characterized in the GSP, nor is the ability of the proposed sustainable management criteria to avoid impacting those uses analyzed. We maintain that groundwater and ssustainable management criteria would mirror extreme drought conditions, and are very likely to harm ESA-listed salmonids and degrade their designated critical habitat. As we have noted in our prior comment letter to the Corning GSA, surface water beneficial uses for the Corning surface waters include cold freshwater habitat; migration of aquatic organisms; and spawning, 1 reproduction, and/or early development of aquatic organisms. 1 Central Valley Regional Water Quality Control Board Basin Plan. Copy available at: https://www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/#basinplans 1 Corning Sub-basin GSAPage 91 5/11/22 Meeting Materials GSP Regulations require that the description of minimum thresholds include how minimum thresholds may affect the interests of beneficial uses and users of groundwater or land uses and property interests, and that the description of undesirable results must include potential effects on the beneficial uses and users of groundwater, on land uses and property interests, and other potential effects that may occur or are occurring from undesirable results. The GSP does not adequately address these requirements. Furthermore, reasonable analysis of the groundwater conditions and the associated effects the GSAs must quantitative sustainable management criteria to prevent those undesirable conditions from 2 The GSP does not appear to include any description or analysis of the effects associated with interconnected surface water depletion that the plan is attempting to avoid. Finally, the measurable objective (i.e., maximum fall groundwater elevation since 2012 or maximum fall groundwater elevation in 2015) does not define specific significant and unreasonable effects constituting the interconnected surface water depletion undesirable result, a result of applying the groundwater storage measurable objective without appropriately considering impacts to surface water beneficial uses. 2) We remain concerned the chosen sustainable management criteria for the streamflow depletion undesirable result are inappropriate for avoiding significant impacts to ESA-listed salmonids and their habitat. Groundwater flow to a stream, or conversely seepage from a stream to the underlying aquifer, is proportional to the difference between water elevation in the stream and groundwater elevations at locations away from the stream. Simply stated, the minimum threshold likely creates groundwater conditions (and streamflow depletion impacts) consistent with severe drought. In fact, the established sustainable management criteria would historic drought. These conditions significantly impacted aquatic resources throughout the state (CDFW 2019), and thus would be very likely to adversely affect CV steelhead and CV spring-run Chinook salmon, as well as their designated critical habitat. Furthermore, per f exceeded, chosen minimum thresholds do not represent a point at which those effects may arise, as is required, but instead represent a likely impact level far past that point. Finally, SGMA stated above, we do not believe the GSP has justified how the chosen sustainability indicator for streamflow depletion relates to federal standards under the ESA, namely avoiding unlawful take of ESA-listed species. 3) The trigger for the streamflow depletion undesirable result occurs when 20% of groundwater elevations measured at RMP wells drop below the associated minimum threshold during 2 consecutive years. (page ES-22). The GSP does not justify or discuss how the 20 percent threshold was developed, or how that threshold informs the onset of significant and unreasonable impacts to beneficial uses of surface water. Moreover, the undesirable result reasons that exceeding the minimum thresholds during dry years is not an undesirable result if However, this provision applies 2 DWR Groundwater Sustainability Plan Assessment for the Eastern San Joaquin subbasin. Copy available at: https://sgma.water.ca.gov/portal/gsp/assessments/47 2 Corning Sub-basin GSAPage 92 5/11/22 Meeting Materials to depletion of groundwater storage, and was not intended to be expanded to other undesirable results. Finally, aquatic organisms persist or perish based upon the impacts to aquatic habitat occurring at a moment in time. In essence, the current definition would allow severe impacts to surface water beneficial uses and ESA-listed species during one year, but an undesirable result would not arise unless a second year of impacts followed the first. Requiring two consecutive years of minimum threshold violations makes little ecological sense when trying to monitor and address impacts to surface water beneficial uses and groundwater dependent ecosystems caused by groundwater pumping. 4) When developing sustainable management criteria, and projects and management actions, the GSP appears to be missing adequate analysis and consideration of public trust resources, as 3 required by the Public Trust Doctrine. A recent California Court of Appeal decision held that the public trust doctrine must be consideredand public trust resources protected whenever feasiblein any decision governing groundwater withdrawals hydrologically connected to public trust surface waters. Concerning public trust resources, the GSP states the following: The various beneficial uses and users of surface waters were addressed when setting the interconnected surface water depletion minimum thresholds including riparian rights holders, ecological surface water users, and recreational surface water users. This is a reasonable review of all uses and users in an attempt to balance all interests. This is not an assessment about what constitutes a reasonable beneficial use under Article X, Section 2 of the California Constitution. As noted above, CV steelhead and CV Chinook salmon, listed as threatened under the federal Endangered Species Act, inhabit many of the navigable waterways overlying the Corning subbasin, and should clearly be considered a public trust resource. Moreover, many of these 4 streams and rivers clearly meet the definition of public trust surface waters. We reiterate our view that streamflow conditions associated with the chosen sustainability criteria are very likely to impair or preclude salmon and steelhead migration, rearing, and spawning habitat, and thus harm public trust resources. Thus, the assertion that providing full historical groundwater extraction while likely harming ESA- In short, the GSP does not appear to conduct an appropriate public trust analysis, nor does it even discuss what ecological public trust resources are applicable to the subbasin. Likewise, no weighing of public trust benefits or impacts occurs within the GSP. Lastly, the GSP fails to adequately consider and evaluate alternative measures that would likely protect ecological public trust resources, such as the feasibility of adopting more conservative sustainable management criteria that will avoid harming NA green sturgeon, CV steelhead, CV Chinook salmon, and their designated critical habitat. Essential Fish Habitat NMFS is the lead federal agency responsible for the stewardship of the nation's offshore living 3 Environmental Law Foundation v. State Water Resources Control Board (2018) 26 Cal.App.5th 844 4 The public trust applies to navigable water bodies, as well as non-navigable water bodies where the harm to such water bodies manifests itself downstream to a navigable water body. See ELF v. SWRCB (2018) 3 Corning Sub-basin GSAPage 93 5/11/22 Meeting Materials marine resources and their habitats, and implements the ESA and the Magnuson Stevens Fishery Conservation and Management Act (MSA) to fulfill its mission of promoting healthy ecosystems. Federally-managed living marine resources provide an important source of food and recreation for the nation, as well as thousands of jobs and a traditional way of life for many coastal communities. For the purposes of the MSA, EFH means "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity", and includes the associated physical, chemical, and biological properties that are used by fish (50 CFR 600.10). EFH has been designated within the GSP area by the Pacific Fishery Management Council (PFMC) for the Pacific Coast Salmon Federal Fishery Management Plan (PFMC 2016). Waterways overlying the Corning subbasin contain EFH for the Pacific Coast Salmon FMP. Given the high likelihood that managing groundwater elevations consistent with historically low drought levels will continue to negatively affect listed species viability and generally degrade the greater ecosystem (see comments #1 and #2 above). Implementing these conservation recommendations would minimize the adverse and unreasonable effects to EFH and fulfill the obligations under Section 305(b) of the MSA. 1. The GSP should be revised to incorporate more conservative sustainability management criteria for the streamflow depletion undesirable result to avoid likely adversely affecting ESA-listed salmonids and their critical habitat within the Corning subbasin. This recommendation is especially critical given the admitted lack of appropriate data and analysis throughout the subbasin concerning streamflow depletion impacts on salmonid populations and their habitat. This recommendation fulfills our obligation to provide EFH conservation recommendations to the State as required by MSA Section 305(b)(4)(A). Please let us know how we can assist DWR in addressing this issue. Conclusion Given the significant shortcomings outlined in this letter, we recommend DWR find the Corning subbasin GSP insufficient at this time until those shortcomings can be rectified. Please direct questions regarding this letter to Amanda Cranford, of my staff, at Amanda.Cranford@noaa.gov or (916) 930-3706. Literature Cited Department of Fish and Wildlife. 2019. Statewide Drought Response: Stressor Monitoring Summary Report: 2014-2017. Copy available at: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=174241 4 Corning Sub-basin GSAPage 94 5/11/22 Meeting Materials 9. Corning Subbasin Advisory Board Report The Corning Subbasin Advisory Board (CSAB) met on April 6, 2022. The CSAB received a presentation by Montgomery & Associates providing an overview of the Water Year 2021 Corning Subbasin Annual Report, which was discussed at the April 13, 2022 CSGSA meeting. The next CSAB meeting is scheduled for June 8, 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. 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 Glenn County Environmental Health Department is the local permitting agency. If desired, staff could work with the Environmental Health Department to determine a mutually agreeable process to communicate regarding well permitting, review of applications, and compliance with the Executive Order. Additional discussion may take place on other options to best address this new requirement. Attachments: Executive Order N-7-22 DWR Fact Sheet: Drought Well Permitting Requirements Well Permit Acknowledgement Form Corning Sub-basin GSAPage 95 5/11/22 Meeting Materials Corning Sub-basin GSAPage 96 5/11/22 Meeting Materials Corning Sub-basin GSAPage 97 5/11/22 Meeting Materials Corning Sub-basin GSAPage 98 5/11/22 Meeting Materials Corning Sub-basin GSAPage 99 5/11/22 Meeting Materials Corning Sub-basin GSAPage 100 5/11/22 Meeting Materials Corning Sub-basin GSAPage 101 5/11/22 Meeting Materials Updated: April 4, 2022 5ƩƚǒŭŷƷ ‘Ļƌƌ tĻƩƒźƷƷźƓŭ wĻƨǒźƩĻƒĻƓƷƭ Drought Executive Order N-7-22 On March 28, 2022 Governor Newsom issued Drought Executive Order N-7-22 that included new well permitting requirements for local agencies to prepare for and lessen the effects of drought conditions (Action 9). ! Well Permitting Authority and Fydfsqu!pg!Bdujpo!:!gspn!Espvhiu! Fyfdvujwf!Psefs!O.8.33;!! Groundwater Management Oversight ! In California, regulatory authority over well :/!Up!qspufdu!ifbmui-!tbgfuz-!boe!uif! construction, alteration, and destruction fowjsponfou!evsjoh!uijt!espvhiu!fnfshfodz-! b!dpvouz-!djuz-!ps!puifs!qvcmjd!bhfodz!tibmm! activities resides with local agencies (cities, opu;!! counties, or water agencies), who have the ! authority to adopt a local well ordinance. Well b/!Bqqspwf!b!qfsnju!gps!b!ofx!hspvoexbufs! xfmm!ps!gps!bmufsbujpo!pg!bo!fyjtujoh!xfmm!jo!b! permits are administered and enforced by local cbtjo!tvckfdu!up!uif!Tvtubjobcmf! agencies (or local enforcing agencies, LEAs), Hspvoexbufs!Nbobhfnfou!Bdu!boe!dmbttjgjfe! often the Department of Environmental Health bt!nfejvn.!ps!ijhi.qsjpsjuz!xjuipvu!gjstu! within a given county. pcubjojoh!xsjuufo!wfsjgjdbujpo!gspn!b! Hspvoexbufs!Tvtubjobcjmjuz!Bhfodz! nbobhjoh!uif!cbtjo!ps!bsfb!pg!uif!cbtjo! With the enactment of the Sustainable xifsf!uif!xfmm!jt!qspqptfe!up!cf!mpdbufe!uibu! Groundwater Management Act (SGMA) in hspvoexbufs!fyusbdujpo!cz!uif!qspqptfe!xfmm! 2014, local public agencies called xpvme!opu!cf!jodpotjtufou!xjui!boz! tvtubjobcmf!hspvoexbufs!nbobhfnfou! groundwater sustainability agencies or GSAs qsphsbn!ftubcmjtife!jo!boz!bqqmjdbcmf! formed to provide specific oversight and Hspvoexbufs!Tvtubjobcjmjuz!Qmbo!bepqufe!cz! management of groundwater resources, and to uibu!Hspvoexbufs!Tvtubjobcjmjuz!Bhfodz!boe! achieve sustainable groundwater management xpvme!opu!efdsfbtf!uif!mjlfmjippe!pg! bdijfwjoh!b!tvtubjobcjmjuz!hpbm!gps!uif!cbtjo! within 20 years through the development and dpwfsfe!cz!tvdi!b!qmbo<!ps!! implementation of groundwater sustainability ! plans (GSPs) and associated projects and c/!Jttvf!b!qfsnju!gps!b!ofx!hspvoexbufs!xfmm! ps!gps!bmufsbujpo!pg!bo!fyjtujoh!xfmm!xjuipvu!gjstu! management actions. The local GSAs are efufsnjojoh!uibu!fyusbdujpo!pg!hspvoexbufs! required to include in their GSPs a discussion gspn!uif!qspqptfe!xfmm!jt!)2*!opu!mjlfmz!up! of how they will coordinate these efforts with joufsgfsf!xjui!uif!qspevdujpo!boe!gvodujpojoh! local land use authorities, including local well pg!fyjtujoh!ofbscz!xfmmt-!boe!)3*!opu!mjlfmz!up! dbvtf!tvctjefodf!uibu!xpvme!bewfstfmz! permitting agencies. jnqbdu!ps!ebnbhf!ofbscz!jogsbtusvduvsf/!! ! Drought Well Permitting Requirements Uijt!qbsbhsbqi!tibmm!opu!bqqmz!up!qfsnjut!gps! Local well ordinances authorize the conditions xfmmt!uibu!xjmm!qspwjef!mftt!uibo!uxp!bdsf.gffu! for agencies to issue a well permit or permit qfs!zfbs!pg!hspvoexbufs!gps!joejwjevbm! epnftujd!vtfst-!ps!uibu!xjmm!fydmvtjwfmz! modification. Given the record drought qspwjef!hspvoexbufs!up!qvcmjd!xbufs!tvqqmz! conditions the state has faced over the last tztufnt!bt!efgjofe!jo!tfdujpo!227386!pg!uif! three years, Drought Executive Order N-7-22 Ifbmui!boe!Tbgfuz!Dpef/! requires additional actions be taken by local well permitting agencies prior to issuing a well permit. For more information about the States Drought Response and Assistance, please visit drought.ca.gov. Corning Sub-basin GSAPage 102 5/11/22 Meeting Materials Page Ћ of Ћ Local well permitting agencies retain existing well permitting authorities, including reviewing and administering well permits. Under the Executive Order Action 9, local well permitting agencies must take the following steps during the well permitting process for wells intending to extract groundwater: 1. Consultation with the GSA If the proposed well would be in a high or medium priority groundwater basin, the well permitting agency must consult with the GSA and receive written verification from the GSA that the proposed well location is generally consistent (not inconsistent) with the applicable GSP and will not decrease the likelihood of achieving the sustainability goals that the GSAs have developed under SGMA. 2. Permit Evaluation For every well permit application, the local well permitting agency must determine before issuing a well permit that extraction of groundwater from the proposed well is not likely to interfere with the production and functioning of existing nearby wells and is not likely to cause subsidence that would adversely impact or damage nearby infrastructure. These requirements do not apply to wells that pump less than 2 acre-feet per year (de minimus users) and wells that exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code. State Resources Available to Local Agencies The California Department of Water Resources (DWR) provides technical and other support services to local agencies to support decision-making. The following resources are available to help local agencies navigate the well permitting requirements in this Drought Executive Order: To find the hspvoexbufs!cbtjot!tvckfdu!up!THNB and classified as medium or high priority: Basin Prioritization Dashboard To find the Hspvoexbufs!Tvtubjobcjmjuz!Bhfodz managing the applicable basin or area of the basin: GSA Map Viewer To find the Hspvoexbufs!Tvtubjobcjmjuz!Qmbo adopted by the local Groundwater Sustainability Agency: GSP Map Viewer To view fyjtujoh!ofbscz!xfmmt (domestic, irrigation, public supply and reported dry wells): Well Infrastructure To view hspvoexbufs!mfwfmt!boe!usfoet: California Groundwater Levels To view tvctjefodf!ebub!and nearby infrastructure: California Subsidence Data For more information or questions, please contact DWRs Sustainable Groundwater Management Office at: SGMPS@water.ca.gov. For more information about the States Drought Response and Assistance, please visit drought.ca.gov. Corning Sub-basin GSAPage 103 5/11/22 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 104 5/11/22 Meeting Materials Received by: ___________________ _____________ Signature of CSGSA Date Corning Sub-basin GSAPage 105 5/11/22 Meeting Materials 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 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. If a funding mechanism is 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 may be the most effective option to fund the GSA. Corning Subbasin GSP Section 8.9 Short-Term Implementation Start-Up Budget provides a description of funding needs over the first five years of GSP implementation and estimates of the expenses. Tables 8-5 and 8-6 offer a reasonable estimate for an initial budget. Prioritizing immediate term needs to include legal services, fee study, grant application expenses, fiscal support, annual report, and routine data management system updates, the budget 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. If member agencies are agreeable to split the expenses for fiscal year 2022/2023, recognizing that a medium or long term funding strategy will be in place prior to conclusion of the fiscal year, an agreement between the agencies would be helpful to create a shared understanding of the expenses, expectations, and appoint an agency to manage the funds. Staff requests direction on the preferred path for funding the CSGSA for fiscal year 2022/2023. This could include direction on: Short-term funding strategy Agreement among member agencies Tasks to include in the strategy and agreement Fiscal agent Other options Corning Sub-basin GSAPage 106 5/11/22 Meeting Materials Attachments: Corning Subbasin GSP Section 8.9 Short-Term Implementation Start-Up Budget Draft Budget Worksheets Corning Sub-basin GSAPage 107 5/11/22 Meeting Materials Excerpt from Corning Subbasin GSP 2022 C2VSimFG updates should be tracked and incorporated into the NSac model as appropriate. Future C2VSimFG model updates released by DWR should be evaluated, with major changes considered for incorporation into the NSac model as part of the 5-year GSP update process. 8.8 Implementation Activity 8: Refine and Implement Projects and Management Actions A combination of projects and management actions will need to be implemented to achieve sustainability in the Subbasin. Section 7 identifies potential projects and management actions that would help achieve sustainability. The GSAs will refine and assess feasibility and timeline of the projects and management actions during the first 5 years of GSP implementation. The projects and actions will be implemented in a coordinated fashion across the Subbasin to achieve sustainability. Refinement of the projects and actions will occur simultaneously with refinement of the funding mechanism that supports the projects and actions. Planned activities during the first 5 years of implementation will include the following tasks as needed: Performing feasibility studies, as needed, on potential projects Clarifying water rights and water availability for recharge opportunities Applying for new or change of diversion, place of use, or timing on new water rights as necessary Refining benefit analysis for proposed projects using the groundwater model Developing proposed project costs Producing preliminary design of projects if projects are adequately defined Initiating environmental permitting for projects as necessary Applying for grant funding Cost-sharing agreements between the GSAs and other local agencies that may benefit directly from these projects will be developed as needed. 8.9 Short-Term Implementation Start-Up Budget Initial GSP implementation budget consists of general administrative costs and additional costs to cover the 8 implementation activities described above. The following subsections and tables provide additional detail on estimated initial GSP implementation costs. Costs will be further refined early in implementation as funding mechanisms are put into place. See Section 8.2 for additional discussion on anticipated funding sources and mechanisms. Corning Subbasin Groundwater Sustainability Plan 8-20 Corning Sub-basin GSAPage 108 November 2021 5/11/22 Meeting Materials 8.9.1 GSA Operational Expenses The operational expenses of the Corning Sub-basin GSAs will generally include the following budget category items: General Management: General management costs include items such as staffing, administrative support, accounting services, audits, and insurance. It is anticipated that dedicated staff from Tehama and Glenn Counties will continue to act as the primary personnel serving the GSAs of the Corning Subbasin. However, staffing needs may also be contracted out. For planning purposes, it is estimated that at least 2 management-level staff and 2 administrative-level staff will support the administration of the GSAs on a part-time basis. Staff serve as the key points of contact for members of the public, the GSA governing boards, CSAB, and other stakeholders. Moreover, staff are tasked with fundamental administrative duties, such as hiring and managing consultants, billing and accounting, development of meeting materials, and organizing outreach efforts. Technical Services: It is anticipated that the Corning Sub-basin GSAs will have an ongoing need for on-call consulting and legal services to support regular operations. As directed by staff, professional consultants may carry out a variety of tasks to support general analytical needs or provide additional technical capacity on an as-needed basis. Examples of potential tasks include technical education, legislative and regulatory interpretation, data analysis (e.g., hydrological, economic, agricultural, etc.), inter-and intra-basin coordination, opportunities assessments, and program evaluation. Legal services are currently provided to the GSAs within the Corning Subbasin by the Legal Counsels of Glenn County, Tehama County, and the member agencies of the CSGSA. It is expected that these services will continue to be provided to support items such as contracting, document review, and developing official statements and responses. If needed, special counsel may be engaged to address other needs (e.g., litigation). Materials and Outreach: Costs for materials and outreach include items such as website maintenance, office supplies, materials reproduction, postage, legal noticing, and general outreach. Funding these items and activities will ensure the Corning Sub-basin GSAs continue to engage a broad range of stakeholders through a variety of mediums and comply with all legal noticing requirements. In addition, it will ensure staff will have the basic supplies necessary to carry out their duties and communicate with relevant entities. Fees & Assessments: The majority of the GSAs’ GSP development costs have been funded under a Proposition 1 Planning Grant. In-kind contributions of Glenn County, Tehama County, and CSGSA member agency staff time have further supported the coordination needs of consultants, stakeholders, and the CSAB. Implementation of the GSP will necessitate that the GSAs identify new sources of revenue to fund general program administration costs and other activities. It is anticipated that the primary source of new revenues will result from either fees, charges, and/or assessments levied in Corning Subbasin Groundwater Sustainability Plan 8-21 Corning Sub-basin GSAPage 109 November 2021 5/11/22 Meeting Materials compliance with Proposition 26 and/or Proposition 218. A rate study (e.g., Cost of Services Study, Engineers Report) will be necessary to develop an appropriate funding methodology, describe the nexus of benefits, establish a recommended charge, and comply with related legal requirements. There will also be additional procedural costs (e.g., noticing, ballots, etc.) depending on process and type of charge the GSAs seek to levy. Public engagement and outreach beyond the minimum legal requirements under the Proposition 218 and 26 processes will bear additional costs. Once adopted, it is anticipated that charges will initially be collected by each county on behalf of the GSAs using their respective tax rolls. Reserve: GSAs are permitted to fund the costs of maintaining a prudent reserve. Reserve funds are a common financial management strategy among public agencies that allow entities to better manage cash flow and mitigate the risk of unanticipated cost overages. It is recommended that a minimum contingency rate of 10% of all program administration costs be used when developing the initial reserve fund amount. This rate should be re- evaluated in the future after the Corning Subbasin GSAs have established several years of financial activities that can be analyzed to support an updated rate. Table 8-4 and Table 8-5 provide a summary of the estimated operational costs for each GSA by budget category and associated line items for the initial implementation phase of the Corning Subbasin GSP (i.e., 2022 – 2026). Estimated costs are identified as either annual costs or lump sum costs. Annual costs are directly related to recurring operational work or activities that need to be funded each year. Lump sum costs are for items that will not recur annually, although their completion timelines may require more than 1 year. Expenditures for lump sum costs are anticipated to occur within the 5-year timeframe of the initial implementation phase, but these costs will not necessarily need to be fully funded in the first year of GSP implementation. Some costs are anticipated to be borne individually by each GSA, while others may be shared among the GSAs and other/their member agencies. Because each GSA and/or their members also have SGMA responsibilities in other subbasins, the actual operating costs associated with their management of the Corning Subbasin may be further reduced as common staff, materials, and services are shared across multiple subbasins. Pursuant to the MOU among Corning Sub-basin GSA members, any future cost-sharing allocations shall be agreed to in writing by the members in advance of executing any contracts with consultants, vendors, or other contractors or incurring any expense. Corning Subbasin Groundwater Sustainability Plan 8-22 Corning Sub-basin GSAPage 110 November 2021 5/11/22 Meeting Materials Table 8-4. Estimated TCFCWCD GSA Operational Expenses, 2022 – 2026 \[approximate draft; to be revised during GSP implementation and following additional legal review\] Annualized Total Budget Categories and Annual Cost - Lump Sum Items - 5-year Total Tasks TCFCWCD GSA TCFCWCD GSA (5 years) General Management Management Staff $75,000 $0 $375,000 $75,000 $0 Administrative Support $60,000 $300,000 $60,000 $0 Audits & Accounting $25,000 $125,000 $25,000 $0 Insurance $2,000 $10,000 $2,000 Technical Services Consulting Services $20,000 $0 $100,000 $20,000 Legal Services$50,000 $0 $250,000 $50,000 Materials & Outreach Supplies & Materials $5,000 $0 $25,000 $5,000 Legal Notices $1,000 $0 $5,000 $1,000 Community Outreach $12,000 $0 $60,000 $12,000 Fees & Assessments Fee Studies & Adoption $0 $40,000 $40,000 $8,000 County Tax Roll $10,000 $0 $50,000 $10,000 Grants Grant Applications $20,000 $0 $100,000 $20,000 Reserve & Contingency General Reserve (10%) $28,000 $4,000 $144,000 $28,800 Total $308,000 $44,000 $1,584,000 $316,800 Corning Subbasin Groundwater Sustainability Plan 8-23 Corning Sub-basin GSAPage 111 November 2021 5/11/22 Meeting Materials Table 8-5. Estimated CSGSA Operational Expenses, 2022 - 2026 \[approximate draft; to be revised during GSP implementation and following additional legal review\] Annualized Total Budget Categories and Annual Cost - Lump Sum Items - 5-year Total Tasks CSGSA CSGSA (5 years) General Management Management Staff $75,000 $0 $375,000 $75,000 $0 Administrative Support $40,000 $200,000 $40,000 Audits & Accounting $15,000 $0 $75,000 $15,000 Insurance $2,000 $0 $10,000 $2,000 Technical Services Consulting Services $20,000 $0 $100,000 $20,000 $0 Legal Services$50,000 $400,000 $80,000 Materials & Outreach $0 Supplies & Materials $5,000 $25,000 $5,000 Legal Notices $1,000 $0 $5,000 $1,000 $0 Community Outreach $12,000 $60,000 $12,000 Fees & Assessments Fee Studies & Adoption $0 $90,000 $90,000 $18,000 County Tax Roll $5,000 $0 $25,000 $5,000 Grants Grant Applications $20,000 $0 $100,000 $20,000 Reserve & Contingency General Reserve (10%) $27,500 $9,000 $146,500 $29,300 Total $302,500 $99,000 $1,611,500 $322,300 On an annualized basis, the operational expenses for the TCFCWCD and CSGSA are estimated to be $316,800 per year and $322,300 per year, respectively, during the first 5 years following GSP implementation. Total operational expenses on an annualized basis are estimated to be $639,100 per year during this same period. The costs estimated in Table 8-4 and Table 8-5 will be refined and their actual allocation re-assessed prior to the implementation of any fees or assessments by the GSAs. Some estimated costs may be further reduced as a result of the GSAs and/or their member agencies providing common staff, materials, and services to other basins within their jurisdiction. 8.9.2 Implementation Activities Funding Table 8-6 summarizes the conceptual planning-level costs for the initial 5 years of GSP implementation. These costs do not include costs to implement projects and management actions. Annual costs are directly related to work that needs to be done consistently to meet the Corning Subbasin Groundwater Sustainability Plan 8-24 Corning Sub-basin GSAPage 112 November 2021 5/11/22 Meeting Materials requirements in the GSP Regulations and to fund the 8 implementation activities. This initial cost estimate will likely change as more data become available and GSP implementation approaches, and funding mechanisms are developed. Corning Subbasin Groundwater Sustainability Plan 8-25 Corning Sub-basin GSAPage 113 November 2021 5/11/22 Meeting Materials 26 - 8 Page 114 ; identify well ; review and coordinate 5. Notes - . Recent TSS applications and landowner 4 and 8 - responsibilities: administer grant; Includes costs for GSA administration, communication, outreach, (Section 8.1) and funding mechanisms (Section 8.2) per Tables 8 Placeholder costs for groundwater level monitoringAssumes $50,000 for first report, $30,000 for subsequent reports Placeholder costs. Expect majority of work to be funded by DWR.Placeholder costsPlaceholder costs Placeholder costs. Expect work to be funded by DWR TSS grant. GSA coordinate with DWRPlaceholder costs. Expect work to be funded by DWR TSS grant. GSA responsibilities: administer grant; coordinate with DWRlocations; obtain property accessexecution of agreementsshowed a GSA contribution* of $25,000 for 1 observation well cluster.Placeholder costs. The GSAs will coordinate with DWR to explore the continuation of regular groundwater quality monitoring in observation well clusters in the SubbasinPlaceholder costs $2,000 $2,000 $8,000 $50,000 $34,000 $30,000 $20,000 $20,000 $30,000 $25,000 Cost $639,100 (5 years) Annualized year $10,000 $10,000 $40,000 - Total $250,000 $170,000 $150,000 $100,000 $100,000 $150,000 $125,000 5 $3,195,500 $0 $0 $0 $10,000 $40,000 $143,000 $150,000 $100,000 $100,000 $150,000 $125,000 Items Level Costs for First 5 Years of Implementation - Lump Sum $0 $0 $0 $0 $0 $0 $0 $2,000 $50,000 $34,000 Cost $610,500 Annual Estimated Planning . 6 - 8 Table Monitoring conceptual model Groundwater Sustainability Plan year Update Budget Categories and Tasks - GSA Administration, Program Management, and Funding Monitoring & Reporting Groundwater Conditions Annual Reports ($50,000 for first report, $30,000 for subsequent reports) GSP 5 Address HCM and Groundwater Conditions Data Gaps AEM or other geophysical testing to refine hydrogeologic Aquifer testing to refine hydrogeologic conceptual modelGDE mapping Expand Existing Monitoring Networks Videologging of wells with unknown screen intervalsInstall 5 new observation wellsCoordinate with DWR to continue groundwater quality monitoringAssess modification or replacement of surface water gages on Thomes Creek Subbasin ember 2021 346 1 and 2 Activity Corning Corning Sub-basin GSA Nov 5/11/22 Meeting Materials 27 - 8 Page 115 Notes ) Placeholder costs.Placeholder costs for updating Tehama Co well database similar to Glenn Co update, in collaboration with the other Tehama County GSPs and updating the Glenn County database.Placeholder costs for developing a pilot well registration program.Placeholder costsDepends on projects and management actions pursued; Could be grant or project match; Will be coordinated with agencies that benefit. $10,000 $10,000 $10,000 $30,000 $60,000 $95,310 Cost (5 years) $1,078,110 Annualized $50,000 $50,000 $50,000 year $150,000 $300,000 $490,050 - Total 5 $5,390,550 $0 $0 $50,000 $50,000 $150,000 $106,800 $1,174,800 Lump Sum Items $0 $0 $0 $10,000 $60,000 $76,650 Cost $843,150 Annual registration pilot program and well database updates. kind staff time to collect and manage data and maintain equipment over the useful life of the well (approximately 20 years - Refine Groundwater Model Groundwater Sustainability Plan Data Management System Budget Categories and Tasks Update Routine Data Management System UpdatesWell Database UpdateWell Registration Pilot Program Update and Contingency (10%)TOTAL Evaluate, Prioritize, and Refine Projects and Management Actions Subbasin ember 2021 678 Activity Notes: Some of the line items may be optional costs, such as well Some of the implementation activities may be delayed beyond the first few years to allow for funding to be arranged.*GSA contribution is expected to encompass in Corning Corning Sub-basin GSA Nov 5/11/22 Meeting Materials Page 116 Corning Sub-basin GSA5/11/22 Meeting Materials Initial Budget Worksheets FY 2022/2023 Page 117 Corning Sub-basin GSA5/11/22 Meeting Materials Page 118 Corning Sub-basin GSA5/11/22 Meeting Materials 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 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. 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 recommends 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. Moving the process forward could include appointing an ad hoc committee of two members to work with staff to develop and release a Request for Proposals. If desired, the committee could also manage the solicitation, review proposals, interview applicants, and bring a recommendation to the CSGSA for approval. The process to bring a recommendation to the CSGSA is expected to take approximately 10-12 weeks. This process will also require legal counsel input; therefore, the discussions during Item 7 and Item 11 are relevant to this task as well. 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 June 8, 2022 at 9:30 a.m. 15. Adjourn The meeting will be adjourned. Corning Sub-basin GSAPage 119 5/11/22 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 225 North Tehama Street Willows, CA 95988 530.934.6540 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 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 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 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 hare would 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 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 and GSP implementation 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 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 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