HomeMy WebLinkAboutAGRMT NO KRGSA16-003MEMORANDUM OF UNDERSTANDING
RE PARTICIPATION IN
KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY
Kern County
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Agreement No.%I&T i _ j
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THIS MEMORANDUM OF UNDERSTANDING is made as of Mr. 6 6 2016 (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 (DW R), 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.
MEMORANDUM
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 shall indemnify the County against liability
for the exercise of its police powers.
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
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AGENCY
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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 CEQA to be triggered with
respect to well permitting. KRGSA shall indemnify County against liability, costs and attorney's
fees awarded to petitioner(s) in any CEQA challenge to well permitting.
e. Water Transfers: Water transfers within the basin are essentialto 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:
COUNTY OF KERN
By:
MICK GL , Board Chair
DEC 0 6 2016
APPROVED AS TO FORM
Office of Cou Counsel
By e n
APPROVED AS TO CONTENT:
KERN RIVER GROU STAINABILITY AGENCY
By:
RO�DDNEEEYYpALTA, Board Chair
DATE:
Z AGENCY
ORIGINAL
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Kern County Administrative Office
County Administrative Center
1115 Truxtun Avenue, Fifth Floor • Bakersfield, CA 93301-4639 RYAN 1. ALSOP
Telephone 661-868-3198 • FAX 661-868-3190 • TTY Relay 800-735-2929 1WCounty Administrative Officer
June 4, 2019
Kern River GSA
City Hall North
1600 Truxton Ave
Bakersfield, CA
Dear Board Members,
CITY OF BAKERSFIELD
JUN - 6 2019
CITY CLERK'S OFFICE
It has come to our attention that the Kern River Groundwater Sustainability Agency (KRGSA) is able and
willing to perform groundwater management functions associated with the Sustainable Groundwater
Management Act (SGMA) for non -districted areas (white lands) within the boundaries of the KRGSA.
Paragraph 3.c. of the December 6, 2016 Memorandum of Understanding between the County of Kern
and the KRGSA states: "White Lands: The KRGSA will manage "white lands" included within its
boundaries if requested to do so by the County."
Therefore, the County requests that KRGSA manage and monitor the small unincorporated County
islands within the KRGSA boundaries.
Your assistance in this matter is appreciated.
Sincerely,
v v�
Alan Christensen
Chief Deputy CAO
Cc: Mark Mulkay, Kern Delta Water District
Art Chiarello, City of Bakersfield
Dave Beard, Improvement District #4