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HomeMy WebLinkAbout10/06/16 KRGSA AGENDA8 1. CALL TO ORDER 2. ROLL CALL KERN RIVER GSA Thursday, October 6, 2016 10:00 a.m. City Hall North 1600 Truxtun Avenue, Bakersfield CA 93301 First Floor, Conference Room A A 1'%C6111A 3. PUBLIC STATEMENTS 4. APPROVAL OF SEPTEMBER 1, 2016 MINUTES 5. NEW BUSINESS A. Correspondence Received (City Clerk) B. Website Update C. Documents in Response to the County D. Cost Sharing Discussion Chair Members: Rodney Palla, Chair Harold Hanson Gene Lundquist E. Update from Management Group (Beard /Chianello /Mulkay) i. White Paper Update ii. Modeling & Budget Update iii. KGA Participation in Modeling iv. KGA Stakeholder Identification Form V. Management Comments 6. COMMITTEE COMMENTS 7. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2),(e) (1). One matter. 8. CLOSED SESSION ACTION 9. ADJOURNMENT KERN RIVER GSA MINUTES MEETING OF SEPTEMBER 1, 2016 Conference Room A, City Hall North, 1600 Truxtun Avenue 1. CALL TO ORDER REGULAR MEETING - 10:03 a.m. ACTION TAKEN 2.. ROLL CALL Present: Chairman Palla, Chair Members Hanson and Lundquist Absent: None 3. PUBLIC STATEMENTS 1.CM 4. APPROVAL OF AUGUST 4, 2016 MINUTES Motion by Chair Member Lundquist, seconded by APPROVED Chair Member Hanson, for approval of the minutes. 5. NEW BUSINESS A. Correspondence Received Clerk Typist Katharine Dye announced that the agency had received one letter of correspondence dated June 2, 2016 from Kristal Davis Fadtke at California Department of Fish and Wildlife requesting that they receive all notices, announcements, and documents related to the agency. B. Update from Management Group i. ITRC Study Reimbursement Agreement Motion by Chair Member Hanson, APPROVED seconded by Chair Member Lundquist, for approval to send a letter to the KGA regarding the KRGSA's desire to participate in the ITRC Study. Bakersfield, California, September 1, 2016 - Page 2 6. DEFFERED BUSINESS ACTION TAKEN A. Update on KRGSA website and interested parties form Assistant City Manager Steve Teglia provided on overview of the upcoming website. 7. COMMITTEE COMMENTS General Manager for KDWD Mark Mulkay announced that he, David Beard, and Art Chianello held a conference call with Phyllis Stanin regarding white papers. ID 4 Manager David Beard spoke regarding the letter the KRGSA sent to the KGA on August 4, 2016 detailing the use of Todd Groundwater model development proposal, and recommended that the KRGSA send out the same letter to other agencies who have applied for a GSA. 8. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2), (e)(1). One matter. Motion by Chairman Palla to adjourn to Closed Session APPROVED at 10:39 a.m. Meeting reconvened at 11:46 a.m. 9. CLOSED SESSION ACTION: Conference with Legal STAFF WAS GIVEN DIRECTION Counsel: Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2), (e)(1). One matter. City Attorney Ginny Gennaro announced that there was a unanimous vote staff was given direction. 10. ADJOURNMENT Chairman Palla adjourned the meeting at 11:47 a.m. CHAIR of the Kern River Groundwater Sustainability Agency i I KERN RIVER GSA October 6, 2016 Kern County Administrative Office 1115 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 Attention: Mr. Alan Christensen Chief Deputy Administrative Officer RECEIVE AND PLACE ON f{lE At AWWNG OF Rodney J. Pallo, Chair Harold Hanson Gene Lundquist Re: Kern River Groundwater Sustainability Agency Participation MOU Your Letter Dated August 23, 2016 Dear Mr. Christensen: We have your letter of August 23, 2016 wherein the County of Kern expresses its preference to participate in the Kern River Groundwater Sustainability Agency (KRGSA) as a non - voting "additional agency" rather than a voting member. In light of this determination, we are prepared to provide the nine assurances listed in our letter of August 4, 2016 by "...amendment to the MOU or by separate agreement with the County'. We have chosen to provide these assurances separately and attach a copy of the Participation MOU for your review. When you are able to do so, please provide a description of those lands under the jurisdiction of the County which you wish to include within the KRGSA boundaries. If a meeting on this subject would be helpful, let us know and that will be arranged. Please be aware that, although we are in agreement on most issues, the assurances promised in our letter of August 4, 2016 do not mirror the demands included in your letter of August 23, 2016. More particularly, the following differences remain: Mr. Alan Christensen Kern County Administrative Office October 6, 2016 Page 2 of 5 1. Particioation: We are providing full access to all non- orivileaed documents and drafts, as well as all open meetings related to the same. We expect and encourage the County to be actively engaged as a meaningful participant in every phase of GSA and GSP development and implementation, but not necessarily enforcement. 2. General Plan a. You state: "The County General Plan will use the technical information from the KRGSA in preparation of an environmental document and plan supplemented by other professional technical sources." We accept the representation but see no need to include it in the Participation MOU. b. You state: "The County will implement the adopted GSP when reviewing and considering approval of a specific project, subject to the County General Plan policies, Zoning Ordinance, and the California Environmental Quality Act." We accept the representation but see no need to include it in the Participation MOU. C. You state: "The KRGSA will provide the County with at least 90 days written notice of the filing of any validation lawsuit related to the GSP. The County will review the General Plan for the Kern County sub -basin and resolve any inconsistencies within 180 days after the California Department of Water Resources has approved the GSP or prior to the expiration of the 90 -day notice period, whichever occurs first." At the present time the KRGSA has no plan to validate its GSP (i.e., validation would seem superfluous since the GSP of the KRGSA will not constitute the basin -wide solution required by SGMA). If circumstances dictate a need for validation down the road, we would prefer to follow statutory guidelines for initiating and prosecuting the same. In the meantime, we see no reason why inconsistencies between the General Plan and the GSP cannot be identified and resolved during the development phase of the GSP and, therefore, prior to its submission to DW R. d. You state: 'The KRGSA will participate and coordinate on the County General Plan and Metro Update while developing the GSP." Our intention is to strictly limit the activities of the KRGSA to fulfillment of its SGMA obligations. Individual entities, including KRGSA members, may wish to "participate and coordinate on the County General Plan" as their interests may appear, but the KRGSA will not. On the other hand, we fully expect the County, during development and implementation of the GSP, as part of its meaningful participation, to bring to the attention of the KRGSA any and all issues of concern regarding potential areas of disagreement between the proposed GSP and the General Plan. Notwithstanding the foregoing, the KRGSA will fully Mr. Alan Christensen Kern County Administrative Office October 6, 2016 Page 3 of 5 comply with the requirements of Water Code §§ 10726.9 [GSP must take into account General Plan assumptions], 10727.2(g) [GSP will describe consideration given to General Plan and assessment of how GSP may affect the same], and 10727.4(k) [GSP must include processes to review land use plans and coordinate with land use planning agencies to assess activities that potentially create risks to groundwater quality or quantity]. 3. Police Powers /Land Use Authority /Water Transfers: We have included language in the Participation MOU that preserves the County's police powers and land use authority, whatever they may be. We have included language in the Participation MOU to the effect that the KRGSA shall not restrict the use of water within its boundaries to a specific use. We see no need to duplicate these assurances by including them in either the Bylaws or the GSP. Also, we do not accept the County's position that "...a GSA's prohibition or restriction of groundwater transfers outside of that GSA's area limits and interferes with the County's police powers to regulate groundwater." 4. White Lands: a. You express confusion over our offer to manage "white lands" included within the boundaries of the KRGSA, noting that no such lands are currently included. You are correct that the KRGSA intentionally carved out all of the "white lands" from its boundaries. This was done to avoid an overlap with the County. Now, with the County joining the KRGSA as an additional entity, it may request inclusion of some white lands within the boundaries of the KRGSA and we are amenable to considering such request. The offer to manage white lands refers to those white lands, if any, that may be included within the KRGSA pursuant to such request. b. You state: "...the County requests that the KRGSA undertake to manage portions of the white lands that are within a reasonable proximity to the KRGSA at the County's request. This may require the KRGSA boundaries to be amended to include those agreed upon areas." As stated above, we are amenable to such request and are willing to adjust the KRGSA boundaries when and if white lands are proposed for inclusion by the County and such inclusion has been accepted by the KRGSA. 5. Well Permits: a. In the Participation MOU we have provided that well permitting is under the County's jurisdiction and should remain so. We have also provided that the KRGSA will not transform the well - permitting process from a ministerial function (which does not trigger CEQA) to a discretionary function (which Mr. Alan Christensen Kern County Administrative Office October 6, 2016 Page 4 of 5 triggers CEQA) without prior consultation with the County. Finally, we have provided, if the GSP or the KRGSA shall cause CEQA to be triggered with respect to well permitting, the County may look to the KRGSA for contribution and indemnification with respect to CEQA compliance and challenges. This is a far as we are willing to go. b. You state: "...in the event the GSP or any action undertaken by the KRGSA or any SGMA provision does transform the well - permitting process from a ministerial function to a discretionary function, the County shall look to the KRGSA for contribution and indemnification in the event of CEQA compliance costs and litigation." As stated above, we are willing to accept the consequences of our own actions and those flowing from our duly adopted GSP but you must look to legislature for relief from consequences attributable to SGMA provisions. 6. Indemnification: We have included language in the Participation MOU to the effect that, if the County is asked by the KRGSA to use its police powers for a specific purpose for the KRGSA, then the KRGSA would indemnify the County. We have stated that that indemnification should be considered on a case by case basis. You have eliminated reference to a "case by case basis" and have added the obligation to not only indemnify but also "defend" the County. These changes seem unduly burdensome and are rejected. 7. JPA v. MOU: We have opined that development and implementation of our GSP does not require formation of a JPA but that a JPA would be formed if it proves to be legally required. You agree "...provided the KCWA is deemed to be exercising its authority to manage the white lands." If the County chooses to add white lands to the KRGSA, and requests that the KRGSA manage those lands for SGMA purposes, it may be appropriate for the KCWA to exercise some authority in this regard. However, we see no need to anticipate the event and, in effect, will cross that bridge when we come to it. B. Oil & Gas: We have provided in the Participation MOU that the KRGSA will cooperate with the County, the oil and gas industry, and the State Department of Water Resources to preserve and protect available water supplies. You accept this assurance provided that the promise to "cooperate" includes "...the KRGSA's promise to work with the County, the oil and gas industry, and the State Department of Water Resources to ensure that produced water ... is not subject to ... [SGMA] ... and is not subject to mandated numeric targets." While we may be sympathetic to the cause, we cannot provide the type of commitment you request. First, a promise to "work with" the County and others in order "to ensure" a particular outcome is too open -ended and could embroil the KRGSA in protracted litigation. Second, as stated earlier, we intend to limit Mr. Alan Christensen Kern County Administrative Office October 6, 2016 Page 5 of 5 the activities of the KRGSA to fulfillment of its SGMA obligations and, quite frankly, becoming an advocate for the oil and gas industry does not appear to be consistent with that goal. 9. Conflict Waiver: You require that "...all objections to the law firm of Best, Best & Krieger representing the County are waived in writing by the KCWA." That is a matter between the County, the KCWA and the subject law firm. It is a matter in which the KRGSA has no interest and as to which we take no position. If you have any questions or comments regarding the foregoing, please do not hesitate to contact us. In the meantime, we look forward to receipt of a signed Participation MOU. Thank you for your anticipated cooperation and prompt attention to this matter. Very truly yours, KERN RIVER GROUNWATER SUSTAINABILITY AGENCY By: RODNEY PALLA, Chairman cc: Kern Delta Water District Kern County Water Agency Improvement District No. 4 City of Bakersfield Members of the Kern County Board of Supervisors John Nilon, County Administrator Theresa A. Goldner, County Counsel MEMORANDUM OF UNDERSTANDING RE PARTICIPATION IN KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY THIS MEMORANDUM OF UNDERSTANDING is made as of (Effective Date) by and among the County of Kern (County) and the Kern River Groundwater Sustainability Agency (KRGSA), collectively the "Parties ", each of whom agree as follows: RECITALS A. On or about March 30, 2016 certain entities entered into Agreement 16-048 entitled "Memorandum of Understanding Forming the Kern River Groundwater Sustainability Agency" (MOU). B. On or about April 12, 2016 the KRGSA filed a notice of determination to become a GSA with the Department of Water Resources (DWR), which notice was posted by DWR on April 21, 2016. C. On or about July 20, 2016 the County filed a notice of determination to become a GSA which created an overlap with the KRGSA causing both notices to be suspended pending resolution of the overlap. D. The Parties now desire to resolve the overlap by (1) having the County withdraw its notice of determination to become a GSA with respect to lands within the boundaries of the proposed KRGSA and (ii) having the County join the KRGSA as a non - voting "additional entity", all upon the terms and conditions hereinafter stated. IuliuUJ;Td:PPlui 1. County agrees to withdraw its notice of determination to become a GSA with respect to lands within the boundaries of the proposed KRGSA. 2. County has jurisdiction over certain lands within the Kern County Sub -basin which the County may wish to designate for inclusion within the boundaries of the KRGSA. The KRGSA will consider inclusion within the boundaries of the KRGSA of the lands designated by the County and, if included, such lands shall be subject to the MOU, the KRGSA Bylaws, and any rules or regulations of the KRGSA heretofore or hereafter adopted or amended. 3. County hereby commits to participate in the KRGSA as a non - voting "additional entity". County participation as a non - voting "additional entity" is conditioned on the following assurances provided by the KRGSA: a. Indemnification: If the County is asked by the KRGSA to use the County's police powers for a specific purpose for the KRGSA, then the KRGSA would indemnify the County. Indemnification would be on a case by case basis. b. Land Use Powers: The KRGSA and its participants agree, and the GSP will provide, that nothing in the GSP or any actions taken by the KRGSA, shall modify, limit or preempt the County's police powers, including its land use authority. On the other hand, the County does not intend to designate or zone a specific project with an expectation that the KRGSA will provide more water allotment than that which is determined by the GSP allotment and policies. C. White Lands: The KRGSA will manage "white lands" included within its boundaries if requested to do so by the County. d. Well Permits: Well permitting is under the County's jurisdiction and should remain so. The KRGSA will not transform the well - permitting process from a ministerial function (which does not trigger CEOA) to a discretionary function (which triggers CEOA) without prior consultation with the County. If the GSP or the KRGSA shall cause CECIA to be triggered with respect to well permitting, the County may look to the KRGSA for contribution and indemnification with respect to CEQA compliance and challenges. e. Water Transfers: Water transfers within the basin are essential to economic stability and future development opportunities. The KRGSA will consider this position when assessing its water transfer policy in the GSP. Further, the KRGSA does not intend to restrict use of water within its boundaries to a specific use. f. Unincorporated Communities: The needs and water resources of unincorporated communities will be considered and addressed in the GSP. g. JPA v. MOU: It is understood that the development and implementation of the GSP does not require the joint exercise of powers among the Parties and, therefore, formation of a JPA is unnecessary. The Parties will form a JPA if and to the extent legally mandated. h. Participation: The KRGSA will ensure that all additional agencies (including the County) will have a continuous opportunity to participate in the preparation, review, and adoption of the GSP. The term "participate" in this context means access to all non - privileged drafts, reports, technical information, and other materials and communications, and an ability to be actively engaged in all open meetings related to the preparation, review, and adoption of the GSP. "Actively engaged" means as a signatory to the MOU (i.e., an "additional agency') and more than as a member of the general public. I. Oil & Gas: The KRGSA will cooperate with the County, the oil and gas industry, and the State Department of Water Resources to preserve and protect available water supplies. Additionally, the GSP may incorporate current adopted mitigation measures found in the Oil and Gas Environmental Impact Report approved by the Board of Supervisors as a means to address best management practices and related GSA oil and gas concerns. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: COUNTY OF KERN KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY By: By: MICK GLEASON, Board Chair RODNEY PAULA, Board Chair DATE: KERN GROUNDWATER AUTHORITY KERN RIVER GROUNDWATER SUSTAINBILITY AGENCY FUNDING & PARTICIPATION AGREEMENT THIS FUNDING & PARTICIPATION AGREEMENT (the "Agreement ") is made effective as of , 2016 by and among certain of the members of the Kern Groundwater Authority (the "Authority ") and the Kern River Groundwater Sustainability Agency (the "KRGSA ") listed on the attached Exhibit A (collectively the "Parties "), and is made with reference to the following facts: A. The Parties desire to coordinate the development of a groundwater model for purposes of meeting the various requirements of the Sustainable Groundwater Management Act ( "SGMA "). B. The Parties wish to engage Todd Groundwater to develop the groundwater model as described on the attached Exhibit B (the "The Activity "). C. All members of the Authority have been given the opportunity to enter into this Agreement. This Agreement and the Activity were determined to be consistent with the Joint Powers Agreement and approved by the Authority's Board of Directors on C. All members of the KRGSA have been given the opportunity to enter into this Agreement. This Agreement and the Activity were approved by the KRGSA Board of Directors on THEREFORE, in consideration of the facts recited above and of the covenants, terms and conditions set forth herein, the Parties agree as follows: Section 1 Pumose: The purpose of this Agreement is to set forth the terms and which the Parties will coordinate to undertake the Activity. The activities undertaken to carry out the purposes of this Agreement shall be those, and only those, authorized by the Management Committee (defined in Section 2 of this Agreement) from time to time in accordance with this Agreement. Without limiting in any way the scope of the activities that may be undertaken under this Agreement, such activities shall include funding actions and obligations undertaken to carry out the directions of the Management Committee. Section 2 Organization: The Parties agree that a cooperative effort to develop a groundwater model between and -1- among the Parties may be cost- effective, avoid duplication and effectively use limited resources of the Parties. The Parties agree to use good faith efforts to reach consensus on the guidance and development of the Activity. To advance the purpose of this Agreement, Parties agree to establish the organizational structure below: (a) Management Committee. The business of the Parties under this Agreement shall be conducted by a Management Committee consisting of three (3) members appointed by the Authority and three (3) members appointed by the KRGSA. Appointment of each member of the Management Committee shall be by action of the governing body of the Parties appointing such member, and shall be effective upon the appointment date. Each member shall serve on the Management Committee from the date of appointment by the governing body of the Party he /she represents at the pleasure of such governing body. The Parties may appoint alternate members to attend, participate and vote in Management Committee meetings in the absence of the appointed members. (1) Officers. The Management Committee shall select from among its members a Chairman, who shall act as presiding officer, and a Vice Chairman, to serve in the absence of the Chairman. There also shall be selected a Secretary, who may, but need not be, a member of the Management Committee. All elected officers shall remain in office at the pleasure of a majority vote of the Management Committee. (2) Meetings. The Chairman of the Management Committee or, a majority of a quorum of the members of the Management Committee, are authorized to call meetings of the Management Committee as necessary and appropriate to conduct the business of the Parties under this Agreement. All such meetings shall be open to the public and subject to the requirements set forth in the Ralph M. Brown Act (Government Code Sections 54950 et Ste.). (3) Quorum and Voting. A majority of the then - appointed members shall constitute a quorum of the Management Committee. Each Committee Member shall have one vote. All actions of the Management Committee must be taken by a vote of at least sixty - six percent (66 %) the members present. Option 2: A majority of the then - appointed members shall constitute a quorum of the Management Committee. Votes of each Committee Member shall be allocated by the Participation Percentages as set forth in Exhibit A. Specifically, each Authority Committee Member will be allocated one -third of the Participation Percentage for all Parties participating as part of the Authority. Similarly, each KRGSA Committee Member shall be allocated a vote equal to one -third of the total Participation Percentage for all Parties participating under the KRGSA. All actions of the Management Committee must be taken by a vote of at least sixty -six percent (66 %) the votes present at the time of voting. (4) Powers and Limitations Thereon. Subject to the direction of the governing bodies of the Parties, the Management Committee shall undertake all actions -2- necessary for carrying out this Agreement, including but not limited to the responsibility for: • setting policy for the Parties acting under this Agreement with respect to the Activity; • making budget recommendations for activities undertaken in the name of the Parties under this Agreement; • determining the basis for calculation of the participation percentages for each fiscal year, and the timing required for payments of obligations hereunder; • employing consultants and otherwise authorizing expenditure of funds collected under this Agreement within the parameters of the budget approved hereunder; • and such other actions as shall be reasonably necessary or convenient to carry out the purposes of this Agreement. (5) In addition to the responsibilities above, the Management Committee shall develop a statement of work describing tasks to be completed to develop the groundwater model. The statement of work will be attached and incorporated into this Agreement. Section 3 Funding: (a) Bum. The Parties shall have the authority and the obligation to develop and approve a budget for the activities authorized by this Agreement, annually or more frequently as needed, for presentation to the governing bodies of the Parties. No budget shall be deemed approved until it is approved by both the Management Committee and the governing bodies of the Parties. To initially fund the budget for this Agreement, for the period between the effective date set forth above and December 31, 2017, the Parties shall contribute their pro -rata share of a total of $XXX,000, in accordance with Section 5 of this Agreement. (b) Fiscal A ennt. shall act as the fiscal agent for the Parties with respect to activities undertaken under this Agreement. Not later than the 60th day of each calendar quarter, the fiscal agent shall invoice each of the Parties for their share (based on that Parties participation percentage set forth on Exhibit A) of the anticipated costs for activities undertaken under this Agreement for the next calendar quarter as determined by the Management Committee, which amount shall be paid by each of the Parties to the fiscal agent within 30 days of the receipt of such invoice. With the approval of the Management Committee, the fiscal agent may also make additional calls for funds from the Parties if needed to pay expenses incurred under this Agreement, subject to the approved budget for activities under this Agreement. The fiscal agent shall deposit all amounts received and account for them separately. The fiscal agent shall pay all bills approved by the Management Committee from funds on deposit. The fiscal agent shall also provide monthly reports to the Parties reflecting all receipts and disbursements of funds provided under this Agreement. The books and records of the fiscal agent relating to -3- activities undertaken under this Agreement shall be open to inspection by the Parties during reasonable business hours. (c) Allocation of Obligations. Should the Parties acting collectively under this Agreement enter into any contract or other voluntary obligation, such contract or obligation shall be in the name of the fiscal agent; provided, that all financial obligations thereunder shall be satisfied solely with funds provided under this Agreement. Further, if the fiscal agent, the Parties or any other party is held liable for any amounts caused by an act or omission occurring in the performance of this Agreement, such party shall be entitled to contribution from each of the Parties so that each of the Parties shall bear a share of such liability equal to the amount of such liability multiplied by its participation percentage in existence at the time the subject act or omission occurred. Each of the Parties shall indemnify, defend and hold the other Parties (including without limitation the fiscal agent) harmless from and against any liability, cause of action or damage (a "Cost ") arising out of the performance of this Agreement in excess of the amount of such Cost multiplied by each of the Parties participation percentage. Notwithstanding the foregoing, to the extent any such liability is caused by the negligent or wrongful act or omission of one or more of the Parties, such Party shall bear such liability. Upon approval by the Management Committee, the fiscal agent shall be reimbursed from funds provided under this Agreement for its reasonable administrative costs incurred in connection with activities undertaken under this Agreement. Section 4 Participation Percentages: Each of the Parties shall pay that share of costs for activities undertaken pursuant to this Agreement incurred on behalf of all of the Parties, whether undertaken in the name of the of the Parties or otherwise, equal to such Parties' participation percentage as established in this Section 5. The initial participation percentages of the Parties are set forth in the attached Exhibit A. These initial participation percentages are fixed for purposes of establishing responsibilities for start-up costs and other amounts contained in the approved budget through December 31, 2017. The participation percentages of each of the Parties may be modified by the Management Committee from time to time as the result of the admission of a new party to this Agreement or the withdrawal of a member, and Exhibit A shall be amended to reflect all such changes. Such amended Exhibit A shall, upon approval by the Management Committee, be attached hereto and upon attachment, shall supersede all prior versions of Exhibit A without the requirement of an amendment of this Agreement. Section 6 Source of Pam: Each of the Parties shall fix rates, charges or assessments in connection with its operations so that it will at all times have sufficient money to meet its obligations hereunder. Section 7 Term: This Agreement shall take effect on the date it is executed by the Parties and shall H remain in full force and effect until this Agreement is amended, rescinded or terminated by the Management Committee. Section 8 Withdrawal From Further Partici To withdraw from this Agreement, the withdrawing Party shall provide the other Parties written notice of such withdrawal not less than 30 days prior to the withdrawal date. As of the withdrawal date, all rights of participation in this Agreement shall cease for the withdrawing Party, and the withdrawing Party shall within 30 days, pay all financial obligations incurred prior to the date of the withdrawing Party's notice of withdrawal and pursuant to the terms of this Agreement. Upon withdrawal of a Party, the participation percentages described in Section 4 shall be automatically recalculated to distribute such participation percentages among all remaining Parties on a prorated basis. Section 9 Admission of New Parties: Additional entities may become Parties to this Agreement upon a majority vote of all the then - current Parties to this Agreement, and upon such conditions as are fixed by such Parties. Upon admission of a new Party, the participation percentages described in Section 4 shall be recalculated to distribute such participation percentages among all Parties on a prorated basis and such revised percentages shall be effective as of the date the new Party executes the Agreement. Section 10 Amendments: This Agreement may be amended only by a writing executed by all of the then- current Parties. Section 11 Assignment; Binding on Successors: Except as otherwise provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the written consent of the other Parties. Any attempt to assign or delegate such rights or duties in contravention of this Agreement shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. Section 12 Counterparts: This Agreement may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Facsimile and electronic signatures shall be binding for all purposes. Section 13 Severability: -5- If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, the remainder of the Agreement shall not be affected thereby. Section 14 Notices: Notices authorized or required to be given under this Agreement shall be in writing and shall be deemed to have been given when mailed, postage prepaid, or delivered during working hours, to the addresses set forth for each of the Parties beneath their signatures on this Agreement, or to such other address as the Parties may provide from time to time. [SIGNATURES M Stakeholder Identification Form Name of KGA Member or GSA Applicant Rosedale -Rio Bravo Water Storage District Name of Stakeholder / Stakeholder Organization Contact Person Name Contact Person Phone No. Example Vaughn Mutual Water Company Van Grayer 661 -589 -2931