HomeMy WebLinkAboutNOTICE OF DECISION TO BECOME A GSA 4/12/16April 12, 2016
Kern River Groundwater Sustainability Agency
Mark Nordberg, GSA Project Manager
Sustainable Groundwater Management Section
California Department of Water Resources
P.O. Box 942836
Sacramento, California 94236 -0001
Re: Notice of Decision to Become a Groundwater Sustainability Agency
Dear Mr. Nordberg,
Per Section 10723.8(a) of the California Water Code, the City of Bakersfield, the Kern Delta
Water District, and the Kern County Water Agency Improvement District No.4 hereby give
notice of their decision to form the Kern River Groundwater Sustainability Agency (GSA) for a
portion of the Kern County Subbasin (Basin Number 5- 22.14, DWR Bulletin 118) within the San
Joaquin Valley Groundwater Basin.
The Sustainable Groundwater Management Act (SGMA), passed in 2014, requires that all basins
designated as high- or medium - priority basins that are subject to critical overdraft conditions
are to be managed under a groundwater sustainability plan (GSP) or coordinated GSPS (Section
10720.7). The Kern County Subbasin is a high - priority basin and is Identified as having critical
overdraft conditions. Information regarding the status of groundwater basins is provided by
the California Department of Water Resources (DWR) at:
http://www.water.ca.govlxroundwater/sitm/cod.cfm.
This GSA notification and supporting materials are submitted to DWR within 30 days of the
decision to form the GSA by its member agencies per Water Code §10723.8(a).
Water Code §30723.8(a)(1) requires that this GSA notification include information regarding
the service area boundaries of the GSA and the boundaries of the basin the GSA intends to
manage. Exhibit 1 includes three maps to satisfy the requirements of Water Code
§30723.8(a)(1). Map (A) shows the Kern River GSA boundary. Map (8) shows the Kern River
GSA boundary within the Kern County Subbasin. Map (C) shows the boundaries of the service
areas of the agencies that comprise the Kern River GSA. The digital GIS data corresponding to
the GSA boundary maps shown in Exhibit 1 are Included with this submittal and provided on
compact disc.
Water Code §10723.8(a)(1) also requires information regarding other agencies managing or
proposing to manage groundwater within the basin. At the time of this Kern River GSA
Notification submittal to DWR, it is our understanding that the Buena Vista Water Storage
District has submitted a Notification to Form a GSA with DWR for a portion of the Kern County
Subbasin. Within the Kern County subbasin, we understand that other agencies may be
considering or proposing to form GSAs to manage groundwater resources in their own services
areas. To our knowledge at this time, the following entities have held either a public hearing or
expressed interest in forming a GSA: the Kern Groundwater Authority (KGA) and the Olcese
Water District. We understand that the Greenfield County Water District has held a public
hearing, passed a resolution to forma GSA, and will be submitting their Notification to Forma
GSA with DWR.
On March 1, 2016 the governing Board of the Kern Delta Water District held a public hearing
(Water Code §30723.b) regarding formation of the Kern River GSA. On March 15, 2016 the
Board passed Resolution 2016-03 wherein the District resolved to become a GSA in cooperation
with the City of Bakersfield and Improvement District No.4 of the Kern County Water Agency
for the portion of the Kern County Subbasin as shown in Exhibit 1. Exhibit 2 contains a copy of
the approved resolution to form the Kern River GSA by the governing Board of the Kern Delta
Water District. Exhibit 3 includes details regarding the public noticing of the March 1, 2016
hearing by the Kern Delta Water District. The noticing process was consistent with the
requirements of Section 6066 of the California Government Code.
On March 2, 2016 the City Council of Bakersfield held a public hearing (Water Code §30723.b)
regarding formation of the Kern River GSA. On March 30, 2016 the City Council passed
Resolution 039 -16 wherein the City resolved to become a GSA in cooperation with the Kern
Delta Water District and Improvement District No.4 of the Kern County Water Agency for the
portion of the Kern County Subbasin as shown in Exhibit 1. A copy of Resolution 039 -16 is
included in Exhibit 2. Details regarding the public noticing of the March 2, 2016 hearing by the
City Council are provided in Exhibit 3 and are consistent with the requirements of Section 6066
of the California Government Code.
On March 31, 2016 the Board of Directors of the Kern County Water Agency on behalf of
Improvement District No.4 held a public hearing (Water Code §10723.b) regarding formation of
the Kern River GSA. On March 31, 2016 the Board of Directors passed Resolution 11 -16
wherein the Kern County Water Agency, Improvement District No.4 resolved to become a GSA
in cooperation with the Kern Delta Water District and the City of Bakersfield for the portion of
the Kern County Subbasin as shown in Exhibit 1. A copy of Resolution 11 -16 is included in
Exhibit 2. Details regarding the public noticing of the March 31, 2016 hearing by the Board of
Directors are provided in Exhibit 3 and are consistent with the requirements of Section 6066 of
the California Government Code.
Exhibit 4 provides a memorandum of understanding (MOU) between the Kern Delta Water
District, City of Bakersfield, and Kern County Water Agency Improvement District No.4 to form
the Kern River GSA and manage groundwater resources sustainably within the GSA boundary.
Please note that Exhibit C -1 to the MOU in Exhibit 4 contains a list of additional agencies that
have joined the Kern River GSA. Exhibit 5 includes additional supporting documents related to
these additional agencies that have joined the Kern River GSA.
Per California Water Code §10723.2, GSAS shall consider the Interests of all beneficial uses and
users of groundwater within their service area, as well as those responsible for Implementing
Groundwater Sustainability Plans (GSPS). Exhibit 6lists interested parties developed pursuant
to Water Code §10723.2 and describes how these users and uses will be considered during the
development and operation of the Kern River GSA and Implementation of the GSP for the Kern
River GSA. If additional interested parties are discovered, they too will be included in the
development and operation of the GSA and the development and Implementation of the
agency's sustainability plan (Water Code 30723.8(a)(4)).
Water Code §10723.4 states that a GSA shall also establish and maintain a list of persons
Interested in receiving notices regarding plan preparation, meeting announcements, and
availability of draft plans, maps, and other relevant documents. Any person may request, in
writing, to be placed on the list of interested persons. The Kern River GSA will establish and
maintain such a list of persons interested in receiving notices.
Except for the authorities granted to a GSA pursuant to Part 2.74 of Division 6 of the California
Water Code (SGMA), no new bylaws, ordinances, or authorities have been adopted by the
District or City at this time of forming the Kern River GSA (Water Code §30723.8(a)(3)).
The undersigned hereby represents that the Information required by California Water Code
§10728.3 is included within this notice and that the notification process is complete.
If you have any further questions or require any clarification regarding the Information
provided In this GSA Notification submittal, please do not hesitate to contact one of our GSA
program coordinators as Identified on the following page.
Thank you,
Rodney Palla
President, Board of Directors, Kern Delta Water District
'
Haro His n
Vice r, ty of Bakersfield
Ted
President, Board of Directors, Kern County Water Agency
GSA Program Coordinators
Art Chianeilo
Water Resources Manager
Water Resources Department
(661) 326.3715
achianelDba kersfleldcity. us
Exhibits:
Mark Mulkey
General Manager
Kern Delta Water District
(661) 934 -4655
mulkav®kerodelta.am
David Beard
Manager
Kern County Water Agency
Improvement District No.4
(661) 634 -1400
dbeardiffikcwa.com
Exhibit 1: GSA Maps— including (A) map of Kem River GSA boundary, (B) map of Kem River GSA
boundary within Kern County Subbasin, and (C) map of Kern River GSA showing member
agencies service area boundaries
Exhibit 2: GSA Forming Resolutions by Kern Delta Water District, City of Bakersfield, and
Improvement District No. 4 of the Kern County Water Agency
Exhibit 3: Public Hearing Noticing Information for GSA Member Agencies
Exhibit 4: Memorandum of Understanding (MOU) Between the City of Bakersfield, Kern Delta
Water District, and Improvement District NoA of the Kern County Water Agency
Exhibit 5: Supporting Documents for Entitles Also Joining the Kern River GSA
Exhibit 6: List of Interested Parties
Exhibit 7: List and Map of Disadvantaged Communities (DAC) in GSA
EXHIBIT 1
GSA MAPS
INCLUDING:
(A) MAP OF KERN RIVER GSA BOUNDARY
(B) MAP OF KERN RIVER GSA BOUNDARY WITHIN KERN COUNT/ SUBBASIN
(C) MAP OF KERN RIVER GSA SHOWING MEMBER AGENCIES SERVICE AREA BOUNDARIES
Page 1 -1
-- FOR OFFICIAL USE ONLY - -- Exhibit 1 -A
Kern River Groundwater Sustainability Agency (GSA)
Adopted Boundary as of March 31, 2016
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Kern River Groundwater Sustainability Agency (GSA)
Adopted GSA Boundary Within Subbasin 5 -22.14 of the Tulare Lake Hydrologic Region
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Kern County Subbasin
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Kern County Boundary
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— FOR OFFICIAL USE ONLY -- Exhibit 1 -C
Kern River Groundwater Sustainability Agency (GSA)
Adopted Boundary with Service Areas
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EXHIBIT 2
RESOLUTIONS
INCLUDING:
(A) RESOLUTION FORMING GSA, APPROVED BY BOARD OF DIRECTORS OF THE KERN DELTA
WATER DISTRICT, MARCH 15, 2016
(B) RESOLUTION FORMING GSA, APPROVED BY CITY COUNCIL OF THE CITY OF BAKERSFIELD,
MARCH 30, 2016
(C) RESOLUTION FORMING GSA, APPROVED BY BOARD OF DIRECTORS IMPROVEMENT DISTRICT
NOA OF THE KERN COUNTY WATER AGENCY, MARCH 31, 2016
Page 2 -1
Exhibit 2 -A
BEFORE THE BOARD OF DIRECTORS OF
THE KERN DELTA WATER DISTRICT
RESOLUTION NO. 2016-03
IN THE MATTER OF:
KERN DELTA WATER DISTRICT DECISION TO BECOME A GROUNDWATER
SUSTAINABILITY AGENCY PURSUANT TO THE SUSTAINABLE GROUNDWATER
MANAGEMENTACT
WHEREAS, the California legislature passed a statewide framework for sustainable
groundwater management, known as the Sustainable Groundwater Management Act (California
Water Code § 10720 et seq.) pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill
1739, which was approved by the Governor and Chaptered by the Secretary of State on
September 16, 2014; and
WHEREAS, pursuant to the Sustainable Groundwater Management Act, sustainable
groundwater management is intended to occur pursuant to Groundwater Sustainability Plans that
are created and adopted by Groundwater Sustainability Agencies; and
WHEREAS, pursuant to California Water Code §10723(a), a Local Agency or
combination of Local Agencies, as defined in California Water Code §10721(n), may decide to
become or form a Groundwater Sustainably Agency; and
WHEREAS, Kem Delta Water District ( "District") is a California Water District formed
and operating pursuant to and in accordance with Division 13 of the California Water Code
(commencing with Water Code §34000) and overlies a portion of the Kem County Subbasin of
the San Joaquin Valley Groundwater Basin portion of the Tulare Lake Hydrologic Region, as
defined in Bulletin 118 of the California Department of Water Resources and is therefore a
"Local Agency" as defined within California Water Code 10721 (n); and
WHEREAS, the City of Bakersfield (City) is a local public agency that manages water,
has a water supply, and has land use responsibilities, and is therefore a "Local Agency" as
defined within California Water Code 10721 (n); and
WHEREAS, the District desires to form a Groundwater Sustainability Agency which
may include the City of Bakersfield and other Local Agencies, and which may also include the
participation of certain water corporations regulated by the Public Utilities Commission and
mutual water companies, as authorized pursuant to Water Code 10723.6 (b); and
WHEREAS, the District held a public hearing on Tuesday March 1, 2016 pursuant to
California Water Code section §10723(b), after publication of notice of such hearing pursuant to
California Government Code section §6066; and
Page 2 -2
Exhibit 2 -A
WHEREAS, at the public hearing, the Kern Delta Water District Board of Directors
considered oral and written comments to the extent provided by the public; and
WHEREAS, it would be in the best interests of the District to form a Groundwater
Sustainability Agency, which may include the City of Bakersfield and other Local Agencies and
which may include the participation of various legally authorized entities.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the foregoing is true and correct.
2. That Kern Delta Water District herein decides to form a Groundwater Sustainability
Agency which may include the City of Bakersfield and other local agencies, and
which may include the participation of legally authorized entities, and which shall
have all the powers granted to a groundwater sustainability agency pursuant to the
Sustainable Groundwater Management Act.
3. That the portion of the groundwater basin that the herein formed Groundwater
Sustainability Agency shall manage shall be that portion of the basin as depicted in
the notification provided to the Department of Water Resources pursuant to
California Water Code 10723.8, and which boundary may be modified from time to
time.
4. That the groundwater sustainability agency hereby created shall consider the interests
of all beneficial uses and users of groundwater, as well as those responsible for
implementing groundwater sustainability plans, as required by California Water Code
section §10723.2.
5. That the groundwater sustainability agency hereby created shall establish and
maintain a list of persons interested in receiving notices regarding plan preparation,
meeting announcements, and availability of draft plans, maps, and other relevant
documents, as required by California Water Code section §10723.4.
6. That the General Manager of Kern Delta Water District shall be authorized to execute
a memorandum of agreement or other legal agreement(s) with other local agencies
and legally authorized entities pursuant to Water Code §10723.6(a), as deemed
appropriate by the General Manager, and cause notice to be given to the California
Department of Water Resources of the decision of Kern Delta Water District to create
the above referenced Groundwater Sustainability Agency.
Page 2 -3
Exhibit 2 -A
ALL THE FOREGOING being on the motion of Director Frick, seconded by Director
Tillema and authorized by the following vote, namely:
AYES: Antongiovanni, Bidart, Collins, Frick, Garone, Kaiser, Palls, Tillema
NOES: None
ABSENT: None
ABSTAIN: None
I HEREBY CERTIFY that the foregoing resolution is the resolution of the Kern Delta
Water District as duly passed and adopted by its Board of Directors at a legally convened
meeting held on the 15" day of March, 2016.
ATTESTED:
L. Mark or
Assistant Secretary of the Board of Directors
KERN DETLA WATER DISTRICT
Rodney Palla
Board President of Directors
KERN DELTA WATER DISTRICT
Page 2 -4
Exhibit 2 -8
RESOLUTION NO. 0 39- 16
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD TO BECOME A GROUNDWATER
SUSTAINABILITY AGENCY PURSUANT TO THE SUSTAINABLE
GROUNDWATER MANAGEMENT ACT.
WHEREAS, on September 16, 2014, the Sustainable Groundwater
Management Act (SGMA) was signed into law by the Governor to provide for
sustainable management of groundwater by providing local groundwater
agencies with the authority to sustainably manage groundwater through the
adoption of Groundwater Sustainability Plans; and
WHEREAS, Water Code Section 10723(a) authorizes local land use
authorities, water suppliers, and certain other local agencies, or a combination
of local agencies, overlying a groundwater basin to elect to become a
Groundwater Sustainability Agency (GSA) for the basin; and
WHEREAS, the City of Bakersfield (City) is a local agency qualified to
become a GSA because City manages water, has water supply, and has land
use responsibilities over a portion of the Kern County Subbasin (Basin Number 5-
22.14, DWR Bulletin 118) within the Son Joaquin Valley Groundwater Basin, a
DWR - designated high - priority basin; and
WHEREAS, Kern Delta Water District ( "Kern Delta') is also a local agency
qualified to become a GSA because Kern Delta is a California Water District
formed and operating pursuant to and in accordance with Division 13 of the
California Water Code and overlies a portion of the Kern County Subbasin just
south of City; and
WHEREAS, Improvement District No. 4 ( "ID4 ") is also a local agency
qualified to become a GSA and overlies a portion of the Kern County Subbasin;
and
WHEREAS, City held a public hearing on March 2, 2016, after publication
of notice pursuant to Government Code Section 6066 to consider adoption of
this Resolution; and
WHEREAS, City, Kern Delta, and ID4 will work collaboratively with other
interested entities to form a GSA known as the Kern River Ground Water
Sustainability Agency, which will cover the portion of the Kern County Subbasin
as shown on the map included in Exhibit "A" attached hereto and incorporated
herein; and
- Page 1 of 3 Pages - Page 2 -5
Exhibit 2 -13
WHEREAS, adoption of this Resolution does not constitute a "Project'
under the California Environmental Quality Act (CEQA) pursuant to 15060(c)(3)
and 15378(b)(5) of the State CEQA Guidelines because it is an administrative
action that does not result in any direct or indirect physical change in the
environment.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
The above recitals and findings are true and correct.
2. That City of Bakersfield does hereby elect in concert with Kern Delta
Water District and Improvement District No. 4 to become a
Groundwater Sustainability Agency known as the Kern River
Groundwater Sustainability Agency to cover the portion of DWR
Basin No. 5 -22.14 as shown on Exhlb@ "A" attached to this
Resolution.
3. That City of Bakersfield, Kern Delta Water District and Improvement
District No. 4 will work to develop the governing structure of the Kern
River Groundwater Sustainability Agency, which may involve other
entities in addition to the City of Bakersfield and Kern Delta Water
District.
4. That the Kern River Groundwater Sustainability Agency hereby
created shall consider the interests of all beneficial uses and users of
groundwater, as well as those responsible for implementing
groundwater sustainability plans, as required by California Water
Code Section 10723.2
5. That the Kern River Groundwater Sustainability Agency hereby
created shall establish and maintain a list of persons interested in
receiving notices regarding plan preparation, meeting
announcements, and availability of draft plans, maps, and other
relevant documents, as required by California Water Code Section
10723.4.
N„
-Page 2 of 3 Pages -
Page 2 -6 - -
Exhibit 2 -B
6. That City of Bakersfield, Kern Delta Water District, and Improvement
District No. 4 will jointly submit a notice of their decision to form the
Kern River Groundwater Sustainability Agency for a portion of the
Kern County Subbasin (Basin Number 5- 22.14, DWR Bulletin 118)
within the San Joaquin Valley Groundwater Basin to DWR.
—000-
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 3 0 2016 , by the following vote:
YES: COUNCIL MEMBER RIVERA. MAXWELL WEIR, SMITH. HANSON, SULLIVAN, PARLIER
E5: COUNCIL MEMBER NOW._
ABSTAIN: COUNCIL MEMBER Ne'nO -,
ABSENT: COUNCIL MEMBER Non&_
ROBERTA GAFFORD WC
CITY CLERK and Ex Officio Clerk of
APPROVED. MAR 3
the Council of the City of Bakersfield
`; 2016
By
Mayor
L, HALL
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto y
By 0
VI GINIA GENNARO
City Attorney
RI:dll
S1WATUNGSA\Re M1Docx
Page 3 of 3 Pages- Page 2- 7f' "...�!r,''
Exhibit 2 -13
— FOR OFFICIAL USE ONLY —
Kern River Groundwater Sustainability Agency (GSA)
Approved Boundary as of March 30, 2016
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EXHIBIT Page 2 -8
EXHIBIT
Exhibit 2 -C
BEFORE THE BOARD OF DIRECTORS
P1*1110
KERN COUNTY WATER AGENCY
In the matter of:
AUTHORIZING IMPROVEMENT
DISTRICT NO.4 TO BECOME A
GROUNDWATER SUSTAINABBdTY
AGENCY
I, Lucinda J. Infante, Secretary of the Board of Directors of the Kern County Water Agency, of the
County of Kem, State of California, do hereby certify that the following resolution proposed by Director
Lundquist, and seconded by Director Fast, was duly passed and adopted by said Board of Directors at an
official mating hereof this 31 stday of March, 2016, by the following vote, to wit:
Ayes: Lundquist, Fast, Wulff, Milobar, Cerro and Page
Noes: None
Absent: Hafenfeld
Secretary of the Board of Directors
of the Kern County Water Agency
Resolution No I1 -16
WHEREAS, the Board of Directors (Board) of the Kern County Water Agency (Agency) is also
empowered as the Board of the Agency Improvement District No. 4 (ID4); and
WHEREAS, on September 16, 2014, the Sustainable Groundwater Management Act (SOMA) was
signed into law by the Governor to provide for sustainable management of groundwater by providing local
groundwater agencies with the authority to sustainably manage groundwater through the adoption of
Page 2 -9
Exhibit 2 -C
Groundwater Sustainability Plans; and
WHEREAS, Water Code section 10723 authorizes local land use authorities, water suppliers, and
certain other local agencies, or a combination of local agencies, overlying a groundwater basin to elect to
become a Groundwater Sustainability Agency (GSA) for the basin; and
WHEREAS, ID4 is a local agency qualified to become a GSA because ID4 is an Improvement
District of the Kern County Water Agency formed to provide a supplemental water supply for the
metropolitan Bakersfield area and overlies a portion of the Kern County Subbasin (Basin Number 5- 22.14,
DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin, a DWR - designated high - priority
basin; and
WHEREAS, the City of Bakersfield (City) is a local agency qualified to become a GSA because the
City manages water, has a water supply, and has land use responsibilities over a portion of the Kern County
Subbasin; and
WHEREAS, Kern Delta Water District (Kern Delta) is also a local agency qualified to become aGSA
because Kern Delta is a California Water District formed and operating pursuant to and in accordance with
Division 13 of the California Water Code and overlies a portion of the Kern County Subbasin just With of the
City; and
WHEREAS, the Agency, the City and Kern Delta will work collaboratively with other interested
agencies to form a GSA known as the Kern River Groundwater Sustainability Agency, which will cover the
portion of the Kern County Subbasin as shown on the map included in Exhibit A attached hereto and
incorporated herein; and
WHEREAS; adoption of this Resolution does not constitute a "Project' under the Califomia
Environmental Quality Act (CEQA) pursuant to 15060(c)(3) and 15378(b)(5) of the State CEQA Guidelines
because it is an administrative action that does not result in any direct or indirect physical change in the
environment; and
Page 2 -10
Exhibit 2 -C
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Kern County Water
Agency, acting as the Board of Directors of Improvement District No. 4, that:
The foregoing recitals are true and correct.
ID4 does hereby elect in concert with the City and Kern Delta to become a
Groundwater Sustainability Agency known as the Kem River Groundwater Sustainability Agency to cover
the portion of DWR Basin No. 5 -22.14 as shown on Exhibit A.
3. ID4, the City and Kem Delta will work to develop the governing structure of the Kem
River Groundwater Sustainability Agency, which may involve other entities in addition to ID4, the City
and Kem Delta.
The Kem River Groundwater Sustainability Agency hereby created shall consider the
interests of all beneficial uses and users of groundwater, as well es those responsible for implementing
groundwater sustainability plans, as required by Califomia Water Code section 10723.2.
The Kern River Groundwater Sustainability Agency hereby created shall establish and
maintain a list of persons interested in receiving notices regarding plan preparation, meeting
announcements and availability of draft plans, maps and other relevant documents, as required by
California Water Code section 10723.4.
ID4, the City and Kem Delta will jointly submit a notice of their decision to form the
Kern River Groundwater Sustainability Agency for a portion of the Kern County Subbasin.
The Agency Board President is authorized to execute the Memorandum of
Understanding Forming the Kem River Groundwater Sustainability Agency as shown on Exhibit B.
Page 2 -11
— FOR OFFICIAL USE ONLY -- Exhibit 2 -C
Kern River Groundwater Sustainability Agency (GSA)
Approved Boundary as of March 30, 2016 Exhibit A
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Exhibit 2 -C
Exhibit B
MEMORANDUM OF UNDERSTANDING FORMING THE KERN
RIVER GROUNDWATER SUSTAINABILITY AGENCY
THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made and entered
into on , by and between the CITY OF BAKERSFIELD, a
municipal corporation, ("CITY" herein), KERN DELTA WATER DISTRICT ( "KERN
DELTA" herein), and KERN COUNTY WATER AGENCY on behaR of Its
IMPROVEMENT DISTRICT NO. 4, ( "ID4" herein), each a "Party" and collectively
the "Parties."
WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law
Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the
Sustainable Groundwater Management Act ( "SGMA "); and
WHEREAS, the purpose of SGMA is to create a comprehensive
management system in the State of California by creating structure to manage
groundwater at the local level, while providing authority to the State to oversee
and regulate, if necessary, the local groundwater management system; and
WHEREAS, SGMA empowers local agencies to adopt groundwater
management plans that are tailored to the resources and needs of their
communities to provide a buffer against drought and contribute to reliable
water supply for the future; and
WHEREAS, Water Code Section 10723.6 authorizes a combination of local
agencies overlying a groundwater basin to elect to become a Groundwater
Sustainability Agency ( "GSA ") by using a memorandum of agreement or other
legal agreement; and
WHEREAS, CITY is a local agency qualified to become a GSA because
CITY manages water, has a water supply, and has land use responsibilities over a
portion of the Kern County Sub -basin (Basin Number 5- 22.14, DWR Bulletin 118)
Within the San Joaquin Valley Groundwater Basin ( "Basin "), a DWR- designated
high - priority basin; and
WHEREAS, Kern Delta is also a local agency qualified to become a GSA
because Kern Delta is a California Water District formed and operating pursuant
to and in accordance with Division 13 of the California Water Code, manages
water, has a water supply and overlies a portion of the Basin just south of CITY;
and
-- Page 1 of 5 Pages — Page 2 -13
Exhibit 2-C
WHEREAS, ID4 is also a local agency qualified to become a GSA because
ID4 is an improvement district of the Kern County Water Agency formed to
provide a supplemental water supply for the metropolitan Bakersfield area and
overlies a portion of the Basin; and
WHEREAS, on February 10, 2016, CITY and KERN DELTA entered into
Agreement No. 10-009 to establish a working relationship with the goal of jointly
forming a GSA; and
WHEREAS, CITY and KERN DELTA mutually agree to add ID4 as a Party to
this MOU; and
WHEREAS, on March 1, 2016, KERN DELTA held a public hearing to
determine whether to become a GSA, and on March 15, 2016, KERN DELTA
adopted Resolution No. 2016-03 electing to jointly become a GSA with CITY and
ID4, a copy of which is attached hereto as Exhibit "A -1 "; and
WHEREAS, on March 2, 2016, CITY held a public hearing to determine
whether to become a GSA and on March 30, 2016, CITY adopted Resolution No.
039 -16, electing to jointly become a GSA with KERN DELTA and ID4, a copy of
which is attached hereto as Exhibit "A -2 "; and
WHEREAS, on March 31, 2016, ID4 held a public hearing to determine
whether to become a GSA, and on March 31, 2016, ID4 adopted Resolution No.
-16, electing to jointly become a GSA with CITY and KERN DELTA, a
copy of which is attached hereto as Exhibit "A -3 "; and
WHEREAS, CITY, KERN DELTA and ID4 will jointly submit a Notice of Decision
to form and be the founding Parties of a GSA, which will cover the portion of the
Basin as shown on the map in Exhibit "B -1" attached hereto and incorporated
herein; and
WHEREAS, the Parties will work collaboratively with other interested
agencies to develop and implement a Ground Water Sustainabilify Plan ( "GSP ")
to sustainably manage the Basin pursuant to SGMA.
NOW, THEREFORE, incorporating the above recitals herein and exhibits
attached, it is mutually understood and agreed as follows:
1. RPU POSE. This MOU is entered into by and between the Parties to
facilitate a cooperative and ongoing working relationship that will allow
compliance with SGMA and State law, both as amended from time to time.
2. KERN RIVER GROUND WATER SUSTAINABILITY AGENCY. The Parties
hereby establish the Kern River Groundwater Sustainabilify Agency ( "KRGSA ") to
manage the portion of the Basin as set forth in Exhibit 'B -1."
— Page 2 of 5 Pages — Page 2 -14
Exhibit 2 -C
3. ADDITIONAL AGENCIES. Additional agencies with service area
boundaries outside the jurisdiction of the Parties may join and incorporate their
service area boundaries or portions thereof into KRGSA upon the mutual
consent of all Parties. The additional agencies will be added to Exhibit "C-1," as
amended from time to time in compliance with SGMA, and the boundaries of
the KRGSA may be expanded accordingly.
4. POWERS
4.1 In addition to any other action available to develop and
implement SGMA, including a GSP, the KRGSA may perform
the following functions:
4.1.1 Adopt standards for measuring and reporting water
use.
4.1.2 Develop and implement policies designed to reduce or
eliminate overdraft within the boundaries of the GSA.
4.1.3 Develop and implement conservation best
management practices.
4.1.4 Develop and implement metering, monitoring and
reporting related to groundwater pumping.
S. DECISION MAKING PROCESS
5.1 With the exceptions noted herein, it is the intent of the Parties
that all actions undertaken by the KRGSA are done by
unanimous consent of the Parties; however, if unanimous
consent is not possible, a majority vote of the Parties is
required.
5.2 In the event of an impasse or disagreement, the Parties shall
use their best efforts to find a mutually agreeable result. To this
effect, the Parties shall consult and negotiate with each other
in good faith in an attempt to reach a solution that is mutually
satisfactory. If the Parties do not reach a solution, then the
matter shall be submitted to non - binding arbitration or
mediation within a reasonable period of time.
6. ROLES AND RESPONSIBILITIES OF THE PARTIES
6.1 The Parties will work jointly to fulfill the Purpose of this MOU,
SGMA, and the development and implementation of a GSP
within the boundaries of the KRGSA.
— Page 3 of 5 Pages — Page 2 -35
Exhibit 2 -C
6.2 The Parties will meet regularly to discuss SGMA, GSP
development and implementation activities, assignments,
and ongoing work progress.
6.3 The Parties may form committees as necessary from time to
time discuss issues that impact the KRGSA.
6.4 The CITY and ID4 are jointly responsible for implementing the
GSP in areas of the KRGSA that are within both City limits and
ID4 boundaries.
6.5 KERN DELTA is responsible for implementing the GSP in
agricultural areas of the KRGSA within KERN DELTA's
boundary.
7. FUNDING. Unless agreed to otherwise, each Party's participation in
this MOU is at its sole cost and expense.
B. TERM. This MOU shall remain in effect unless terminated by the
mutual written consent of the Parties and as allowed by State law.
9. AMENDING THE MOU. This MOU and Exhibits hereto may only be
amended by a subsequent writing, approved and signed by all Parties.
10. HOLD HARMLESS. No Party, nor any officer or employee of a Party,
shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by another Party under or in connection with this
MOU.
APPROVED AS TO CONTENT:
CITY OF BAKERSFIELD
By:
HARVEY L. HALL
Mayor
Draft - See
DATE: final signed
version on
WATER BOARD Page 4 -5.
By:
HAROLD HANSON
Water Board Chair
APPROVED AS TO CONTENT
KERN DELTA WATER DISTRICT
By:
RODNEY PALLA
Board President
DATE:
KERN DELTA WATER DISTRICT
By:
L. MARK MULKAY
General Manager
n .a sa..m... wn n r.v.
— Page 4 of 5 Pages — Page 2 -16
WATER RESOURCES DEPARTMENT
By:
ART CHIANELLO
Water Resources Manager
APPROVED AS TO FORM:
VIRGINIA GENNARO Draft -See
City Attorney final signed
version on
Page 4 -6.
VIRGINIA GENNARO
City Attorney
COUNTERSIGNED:
By:
NELSON SMITH
Finance Director
VG:dll /Ng
5: \WATER \GSM.CO Kem De ..N. My Caa
Exhibit 2 -C
APPROVED AS TO FORM:
By:
GENE R. McMURTREY
Attorneys for Kern Delta Water
District
APPROVED AS TO CONTENT:
IMPROVEMENT DISTRICT 4
By:
TED R. PAGE
Board President
APPROVED AS TO FORM:
By:
AMELIA T. MINABERRIGARAI
General Counsel
— Page 5 of 5 Pages — Page 2 -17
Exhibit 2 -C
Exhibit A -1
BEFORE THE BOARD OF DIRECTORS OF
THE KERN DELTA WATER DISTRICT
RESOLUTION NO. 2016-03
IN THE MATTER OF:
KERN DELTA WATER DISTRICT DECISION TO BECOME A GROUNDWATER
SUSTAINABILITY AGENCY PURSUANT TO THE SUSTAINABLE GROUNDWATER
MANAGEMENT ACT
WHEREAS, the California legislature passed a statewide framework for sustainable
groundwater management, known as the Sustainable Groundwater Management Act (California
Water Code § 10720 et seq.) pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill
1739, which was approved by the Governor and Chaptered by the Secretary of State on
September 16,2014; and
WHEREAS, pursuant to the Sustainable Groundwater Management Act, sustainable
groundwater management is intended to occur pursuant to Groundwater Sustainability Plans that
are created and adopted by Groundwater Sustainability Agencies; and
WHEREAS, pursuant to California Water Code §10723(a), a Local Agency or
combination of Local Agencies, as defined in California Water Code §10721(n), may decide to
become or form a Groundwater Sustainably Agency; and
WHEREAS, Kern Delta Water District ("District') is a California Water District formed
and operating pursuant to and in accordance with Division 13 of the California Water Code
(commencing with Water Code §34000) and overlies a portion of the Kern County Subbasin of
the San Joaquin Valley Groundwater Basin portion of the Tulare Lake Hydrologic Region, as
defined in Bulletin 118 of the California Department of Water Resources and is therefore a
"Local Agency" as defined within California Water Code 10721 (n); and
WHEREAS, the City of Bakersfield (City) is a local public agency that manages water,
has a water supply, and has land use responsibilities, and is therefore a "Local Agency" as
defined within California Water Code 10721 (n); and
WHEREAS, the District desires to form a Groundwater Sustainability Agency which
may include the City of Bakersfield and other Local Agencies, and which may also include the
participation of certain water corporations regulated by the Public Utilities Commission and
mutual water companies, as authorized pursuant to Water Code 10723.6 (b); and
WHEREAS, the District held a public hearing on Tuesday Match 1, 2016 pursuant to
California Water Code section § 10723(b), after publication of notice of such hearing pursuant to
California Government Code section §6066; and
Page 2 -18
Exhibit 2 -C
Exhibit A -1
WHEREAS, at the public hearing, the Kern Delta Water District Board of Directors
considered oral and written comments to the extent provided by the public; and
WHEREAS, it would be in the best interests of the District to form a Groundwater
Sustainability Agency, which may include the City of Bakersfield and other Local Agencies and
which may include the participation of various legally authorized entities.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the foregoing is true and correct.
2. That Kem Delta Water District herein decides to form a Groundwater Sustainability
Agency which may include the City of Bakersfield and other local agencies, and
which may include the participation of legally authorized entities, and which shall
have all the powers granted to a groundwater sustainability agency pursuant to the
Sustainable Groundwater Management Act.
3. That the portion of the groundwater basin that the herein formed Groundwater
Sustainability Agency shall manage shall be that portion of the basin as depicted in
the notification provided to the Department of Water Resources pursuant to
California Water Code 10723.8, and which boundary may be modified from time to
time.
4. That the groundwater sustainability agency hereby created shall consider the interests
of all beneficial uses and users of groundwater, as well as those responsible for
implementing groundwater sustainability plans, as required by California Water Code
section § 10723.2.
5. That the groundwater sustainability agency hereby created shall establish and
maintain a list of persons interested in receiving notices regarding plan preparation,
meeting announcements, and availability of draft plans, maps, and other relevant
documents, as required by California Water Code section §10723.4.
6. That the General Manager of Kem Delta Water District shall be authorized to execute
a memorandum of agreement or other legal agreement(s) with other local agencies
and legally authorized entities pursuant to Water Code § 10723.6(a), as deemed
appropriate by the General Manager, and cause notice to be given to the Califomia
Department of Water Resources of the decision of Kem Delta Water District to create
the above referenced Groundwater Sustainability Agency.
Page 2 -19
Exhibit 2 -C
Exhibit A -I
ALL THE FOREGOING being on the motion of Director Frick, seconded by Director
Tillema and authorized by the following vote, namely:
AYES: Antongiovanni, Bidart, Collins, Frick, Garone, Kaiser, Palls, Tillema
NOES: None
ABSENT: None
ABSTAIN: None
I HEREBY CERTIFY that the foregoing resolution is the resolution of the Kern Delta
Water District as duly passed and adopted by its Board of Directors at a legally convened
meeting held on the 15" day of March, 2016.
ATTESTED:
L. Mark kMM Ikay
Assistant Secretary of the Board of Directors
KERN DETLA WATER DISTRICT
R ey Palla
Board President of Directors
KERN DELTA WATER DISTRICT
Page 2 -20
Exhibit 2 -C
Exbibit A -2
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD TO BECOME A GROUNDWATER
SUSTAINABILITY AGENCY PURSUANT TO THE SUSTAINABLE
GROUNDWATER MANAGEMENT ACT.
WHEREAS, on September 16, 2014, the Sustainable Groundwater
Management Act (SGMA) was signed into law by the Governor to provide for
sustainable management of groundwater by providing local groundwater
agencies with the authority to sustainably manage groundwater through the
adoption of Groundwater Sustainability Plans; and
WHEREAS, Water Code Section 10723(a) authorizes local land use
authorities, water suppliers, and certain other local agencies, or a combination
of local agencies, overlying a groundwater basin to elect to become a
Groundwater Sustainability Agency (GSA) for the basin; and
WHEREAS, the City of Bakersfield (City) is a local agency qualified to
become a GSA because City manages water, has water supply, and has land
use responsibilities over a portion of the Kern County Subbasin (Basin Number 5-
22.14, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin, a
DWR - designated high - priority basin; and
WHEREAS, Kern Delta Water District ("Kern Delta ") is also a local agency
qualified to become a GSA because Kern Delta is a California Water District
formed and operating pursuant to and in accordance with Division 13 of the
California Water Code and overlies a portion of the Kern County Subbasin just
south of City; and
WHEREAS, Improvement District No. 4 ( "ID4 ") is also a local agency
qualified to become a GSA and overlies a portion of the Kern County Subbasin;
and
WHEREAS, City held a public hearing on March 2, 2016, after publication
of notice pursuant to Government Code Section 6066 to consider adoption of
this Resolution; and
WHEREAS, City, Kern Delta, and ID4 will work collaboratively with other
interested entities to form a GSA known as the Kern River Ground Water
Sustainability Agency, which will cover the portion of the Kern County Subbasin
as shown on the map included in ExhlbR "A" attached hereto and incorporated
herein; and
- Page I of 3 Pages -
Page 2 -21
Exhibit 2 -C
WHEREAS, adoption of this Resolution does not constitute a "Project'
under the California Environmental Quality Act (CEQA) pursuant to 15060(c)(3)
and 15378(b)(5) of the State CEQA Guidelines because it is an administrative
action that does not result in any direct or indirect physical change in the
environment.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals and findings are true and correct.
2. That City of Bakersfield does hereby elect in concert with Kem Delta
Water District and Improvement District No. 4 to become a
Groundwater Sustainability Agency known as the Kern River
Groundwater Sustainability Agency to cover the portion of DWR
Basin No. 5 -22.14 as shown on Exhibit "A" attached to this
Resolution.
3. That City of Bakersfield, Kern Delta Water District and Improvement
District No. 4 will work to develop the governing structure of the Kern
River Groundwater Sustainability Agency, which may involve other
entities in addition to the City of Bakersfield and Kern Delta Water
District.
4. That the Kem River Groundwater Sustainability Agency hereby
created shall consider the interests of all beneficial uses and users of
groundwater, as well as those responsible for implementing
groundwater sustainability plans, as required by California Water
Code Section 10723.2
5. That the Kem River Groundwater Sustainability Agency hereby
created shall establish and maintain a list of persons interested in
receiving notices regarding plan preparation, meeting
announcements, and availability of draft plans, maps, and other
relevant documents, as required by California Water Code Section
10723.4.
6. That City of Bakersfield, Kem Delta Water District, and Improvement
District No. 4 will jointly submit a notice of their decision to form the
Kem River Groundwater Sustainability Agency for a portion of the
Page 2 of 3 Pages -
Page 2 -22
Exhibit 2 -C
Kern County Subbasin Basin Number 522.14, DWR Bulletin 118)
within the San Joaquin Valley Groundwater Basin to DWR.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
YES: COUNCIL MEMBER RIVERA, MAXWEU, WEIR. SMITH. HANSON, SULUVAN. PARUER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCIL MEMBER
Draft - See final
signed version
on Page 2 -23.
APPROVED
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
VIRGINIA GENNARO
City Attorney
RWII
SAWATER\GSM\ . M.Mb
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Page 3 of 3 Pages -
Page 2 -23
-- FOR OFFICIAL USE ONLY - -- Exhibit 2 -C
Kern River Groundwater Sustainability Agency (GSA)
Approved Boundary as of March 30, 2016 Exhibit B -1
Exhibit 2 -C
EXHIBIT C -t
ADDITIONAL AGENCIES
The agencies identified below hereby agree to join and incorporate their
service area boundaries, or portion thereof, into the Kern River Ground Water
Sustainability Agency ( "KRGSA" ) as shown on the maps attached as Exhibit "B ".
EAST NILES COMMUNITY SERVICE DISTRICT
Draft -See final
TIMOTHY P. RUIZ signed version on
GENERAL MANAGER Page 4 -34.
OILDALE MUTUAL WATER COMPANY
/NORTH OF THE RIVER MUNICIPAL WATER DISTRICT
By:
DOUG NUNNELEY
General Manager
51 WAIfRIWIW.MO lAGMOb.pocr.
Page 2 -25
EXHIBIT 3
NOTICING
INCLUDING:
(A) NOTICING FOR MARCH 1, 2016 PUBLIC HEARING - KERN DELTA WATER DISTRICT
(B) NOTICING FOR MARCH 2, 2016 PUBLIC HEARING - CITY OF BAKERSFIELD
(C) NOTICING FOR MARCH 31, 2016 PUBLIC HEARING — IMPROVEMENT DISTRICT NOA KERN
COUNTY WATER AGENCY
Page 3 -1
PROOF OF PUBLICATION
The BAKERSFIELD CALIFORNIAN
P.O. BOX 440
BAKERSFIELD, CA 93302
KERN DELTA WATER DIST
501 TAFTHWY
BAKERSFIELD, CA 93307
STATE OF CALIFORNIA
COUNTY OF KERN
I AM A CITIZEN OF THE UNITED STATES AND A RESIDENT
OF THE COUNTY AFORESAID: I AM OVER THE AGE OF
EIGHTEEN YEARS, AND NOT A PARTY TO OR INTERESTED
IN THE ABOVE ENTITLED MATTER. I AM THE ASSISTANT
PRINCIPAL CLERK OF THE PRINTER OF THE BAKERSFIELD
CALIFORNIAN, A NEWSPAPER OF GENERAL CIRCULATION
PRINTED AND PUBLISHED DAILY IN THE CITY OF
BAKERSFIELD COUNTY OF KERN,
Exhibit 3 -A
Ad Number:
14078033
PO k:
Edition:
ITBC
Run Times 2
Clan Code
Public Notices
Start Date
2/16/2016
Stop Date 2232016
Billing Lines
15
Inches 90.92
Total Cost
$231.19
Account IKDE05
Billing
KERN DELTA WATER DIST
Address
$01 TAFT HWY
BAKERSFIELD,CA 93307
AND WHICH NEWSPAPER HAS BEEN ADJUDGED A
NEWSPAPER OF GENERAL CIRCULATION BY THE SUPERIOR
COURT OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
UNDER DATE OF FEBRUARY 5.195Z CASE NUMBER 57610,
THAT THE NOTICE, OF WHICH THE ANNEXED IS A PRINTED
COPY, HAS BEEN PUBLISHED IN EACH REGULAR AND
ENTIRE ISSUE OF SAID NEWSPAPER
AND NOT IN ANY SUPPLEMENT THEREOF ON THE
FOLLOWING DATES, TO WIT: 2/16/16
2/23/16
ALL IN YEAR 2016
1 CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY
THATTHE FOREGOING IS TRUE AND CORRECT.
DATED AT BAKF�� DIC/LIORNIA
Solicitor I.D.: 0
First Text
NOTICE OF PUBLIC HEARINGNOTICE IS HEREBY
Ad Number 14078033
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Page 3 -2
PROOF OF PUBLICATION
The BAKERSFIELD CALIFORNIAN
P.O, BOX 440
BAKERSFIELD, CA 93302
CITY OF BAKERSFIELD/LBGALS ONL
1600 TRUXTUN AVE 2ND FLOOR
BAKERSFIELD, CA 93301
STATE OF CALIFORNIA
COUNTY OF KERN
1 AM A CITIZEN OF THE UNITED STATES AND A RESIDENT
OF THE COUNTY AFORESAID: 1 AM OVER THE AGE OF
EIGHTEEN YEARS, AND NOT A PARTY TO OR INTERESTED
IN THE ABOVE ENTITLED MATTER. I AM THE ASSISTANT
PRINCIPAL CLERK OF THE PRINTER OF THE BAKERSFIELD
CALIFORNIAN, A NEWSPAPER OF GENERAL CIRCULATION.
PRINTED AND PUBLISHED DAILY IN THE CITY OF
BAKERSFIELD COUNTY OF KERN,
AND WHICH NEWSPAPER HAS BEEN ADJUDGED A
NEWSPAPER OF GENERAL CIRCULATION BY THE SUPERIOR
COURT OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
UNDER DATE OF FEBRUARY 5, 1952 CASE NUMBER 57610;
THAT THE NOTICE, OF WHICH THE ANNEXED IS A PRIMED
COPY, HAS BEEN PUBLISHED IN EACH REGULAR AND
ENTIRE ISSUE OF SAID NEWSPAPER
AND NOT IN ANY SUPPLEMENT THEREOF ON THE
FOLLOWING DATES, TO WIT: 2/21/16
2/16/16
ALL IN YEAR 2016
I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY
THAT THE FORE\G /OOINGG/ IIISTRUE AND CORRECT.
DATED AT BAKERSFIELD CALIFORNIA
Exhibit 3 -B
Ad Number:
14078413 PO N:
Edition:
ITBC Run Timm 2
Class Code
Public Notices
Start Date
2/16/2016 Slop Dan 2/212016
Billing Lines
23 Inch" 138.92
Total Cost
$346.70 Account IBCII I
Billing
CITY OF BAKERSFIELD/LEGALS Ol
Address
1600 TRUXTUN AVE 2ND FLOOR
BAKERSFIELD,CA 93301
Solicitor l.D.; 0
Find Test
NOTICE OF PUBLIC HEARING NOTICE IS HERE
Ad Number 14078413
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Page 3 -3
ExhibiO -C ao i I 0ycnckj ov(3
PROOF OF PUBLICATION '� 1) Pubvh- 4-t'on
The BAKERSFIELD CALIFORNIAN Ad Number: 14102957 PO N:
P.O. BOX 440 Edition: ITBC Run Timm
BAKERSFIELD, CA 93302 Class Code Public Notices
Start Date 3/172016 Stop Date 3242016
KERN COUNTY WATER AGENCY Billing Lines 78 Inches 462.92
P.O. Box 58 ,�REC®EIVED - Kern ODUnh Weser A Total Cost $513.52 Aecount 1KCO85
BAKERSFIELD, CA M pAddr se KERN COUNTY a WATER AGENCY
DMB BAKERSFIELD,CA 93302
LAB o rra� 2 a 2a,s GMV pM,
MNV O DRB
STATE OF CALIFORNIA MLA 9
COUNTY OF KERN se LEI, 1[
Solicitor LD.: 0
—0 .Ip (A Ong to I!le LJ Scan
I AM A CITIZEN OF THE UNITED STATES AND A RESIDENT First Teat
OF THE COUNTY AFORESAID: I AM OVER THE AGE OF -WTICE OF PUBLIC HEARING ON DECISION I
EIGHTEEN YEARS, AND NOT A PARTY TO OR INTERESTED nfnl ¢oreurucusxwxcoxnvumuxroannar.A
IN THE ABOVE ENTITLED MATTER. I AM THE ASSISTANT DOUMATASllflmxnxllmAfrNf,Y
PRINCIPAL CLERK OF THE PRINTER OF THE BAKERSFIELD NonanxvNer Glvrxnl ,Lm°+ °,Imum::mLxsL,I::u. v,n„ „Imna.r
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BAKERSFIELD COUNTY OF KERN,
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AND WHICH NEWSPAPER HAS BEEN ADJUDGED A
NEWSPAPER OF GENERAL CIRCULATION BY THE SUPERIOR
COURT OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
UNDER DATE OF FEBRUARY 5, 1952, CASE NUMBER 57610;
THAT THE NOTICE, OF WHICH THE ANNEXED IS A PRINTED
COPY, HAS BEEN PUBLISHED IN EACH REGULAR AND
ENTIRE ISSUE OF SAID NEWSPAPER
AND NOT IN ANY SUPPLEMENT THEREOF ON THE
FOLLOWING DATES, TO WIT: 3117/16
324/16
ALL IN YEAR 2016
1 CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND CORRECT,
DATEDAT AKERSFI L1D1CAnLIF RNIA
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EXHIBIT 4
MEMORANDUM OF UNDERSTANDING IMOUI
BETWEEN CITY OF BAKERSFIELD,
KERN DELTA WATER DISTRICT, and
IMPROVEMENT DISTRICT NO.4 OF THE KERN COUNTY WATER AGENCY
Page 4 -1
Exhibit 4
_.L 6-048
MEMORANDUM OF UNDERSTANDING FORMING THE KERN
RIVER GROUNDWATER SUSTAINABILITY AGENCY
THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made and entered
into on MAR 3 0 2016 , by and between the CITY OF BAKERSFIELD, a
municipal corporation, ( "CITY" herein), KERN DELTA WATER DISTRICT ( "KERN
DELTA" herein), and KERN COUNTY WATER AGENCY on behalf of Ra
IMPROVEMENT DISTRICT NO. 4, ( "ID4" herein), each a "Party" and collectively
the "Parties."
WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law
Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the
Sustainable Groundwater Management Act ( "SGMA "); and
WHEREAS, the purpose of SGMA is to create a comprehensive
management system in the State of California by creating structure to manage
groundwater at the local level, while providing authority to the State to oversee
and regulate, if necessary, the local groundwater management system; and
WHEREAS, SGMA empowers local agencies to adopt groundwater
management plans that are tailored to the resources and needs of their
communities to provide a buffer against drought and contribute to reliable
water supply for the future; and
WHEREAS, Water Code Section 10723.6 authorizes a combination of local
agencies overlying a groundwater basin to elect to become a Groundwater
Sustainability Agency ( "GSA ") by using a memorandum of agreement or other
legal agreement; and
WHEREAS, CITY is a local agency qualified to become a GSA because
CITY manages water, has a water supply, and has land use responsibilities over a
portion of the Kern County Sub -basin (Basin Number 5- 22.14, DWR Bulletin 118)
within the San Joaquin Valley Groundwater Basin ( "Basin "), a DWR- designated
high - priority basin; and
WHEREAS, Kern Delta is also a local agency qualified to become a GSA
because Kern Delta is a California Water District formed and operating pursuant
to and in accordance with Division 13 of the California Water Code, manages
water, has a water supply and overlies a portion of the Basin just south of CITY;
and
- Page I of 5 Pages - a Pa 4-2
B (4110rAM;,
Exhibit 4
WHEREAS, ID4 Is also a local agency qualified to become a GSA because
ID4 is an improvement district of the Kern County Water Agency formed to
provide a supplemental water supply for the metropolitan Bakersfield area and
overlies a portion of the Basin; and
WHEREAS, on February 10, 2016, CITY and KERN DELTA entered into
Agreement No. 10-009 to establish a working relationship with the goal of jointly
forming a GSA; and
WHEREAS, CITY and KERN DELTA mutually agree to add ID4 as a Party to
this MOU; and
WHEREAS, on March 1, 2016, KERN DELTA held a public hearing to
determine whether to become a GSA, and on March 15, 2016, KERN DELTA
adopted Resolution No. 2016 -03 electing to jointly become a GSA with CITY and
ID4, a copy of which is attached hereto as Exhibit "A -1 "; and
WHEREAS, on March 2, 2016, CITY held a public hearing to determine
whether to become a GSA and on March 30, 2016, CITY adopted Resolution No.
039 -16, electing to jointly become a GSA with KERN DELTA and ID4, a copy of
which is attached hereto as Exhibit "A -2 "; and
WHEREAS, on March 31, 2016, ID4 held a public hearing to determine
whether to become a GSA, and on March 31, 2016, ID4 adopted Resolution No.
11 -16, electing to jointly become a GSA with CITY and KERN DELTA, a copy of
which is attached hereto as Exhibit "A -3 "; and
WHEREAS, CITY, KERN DELTA and ID4 will jointly submit a Notice of Decision
to form and be the founding Parties of a GSA, which will cover the portion of the
Basin as shown on the map in Exhibit "B -1" attached hereto and incorporated
herein; and
WHEREAS, additional detail identifying boundaries of the Parties and
agencies covering the portion of the Basin as shown in Exhibit "B -1" is shown on
the maps attached as Exhibit "111-2" and "111-3 "; and
WHEREAS, the Parties will work collaboratively with other interested
agencies to develop and implement a Ground Water Sustainability Plan ( "GSP ")
to sustainably manage the Basin pursuant to SGMA.
NOW, THEREFORE, Incorporating the above recitals herein and exhibits
attached, it is mutually understood and agreed as follows:
1. PURPOSE. This MOU is entered Into by and between the Parties to
facilitate a cooperative and ongoing working relationship that will ollw r`Fyv
compliance with SGMA and State law, both as amended from time to time. r`.
— Page 2 of 5 Pages — Page 43
Exhibit 4
2. KERN RIVER GROUND WATER SUSTAINABILITY AGENCY. The Parties
hereby establish the Kern River Groundwater Sustainability Agency ( "KRGSA ") to
manage the portion of the Basin as set forth in Exhibit "B -1."
3. ADDITIONAL AGENCIES. Additional agencies with service area
boundaries outside the jurisdiction of the Parties may join and incorporate their
service area boundaries or portions thereof into KRGSA upon the mutual
consent of all Parties. The additional agencies will be added to Exhibit "C -1," as
amended from time to time in compliance with SGMA, and the boundaries of
the KRGSA may be expanded accordingly.
4. POWERS
4.1 In addition to any other action available to develop and
implement SGMA, including a GSP, the KRGSA may perform
the following functions:
4.1.1 Adopt standards for measuring and reporting water
use.
4.1.2 Develop and Implement policies designed to reduce or
eliminate overdraft within the boundaries of the GSA.
4.1.3 Develop and implement conservation best
management practices.
4.1.4 Develop and implement metering, monitoring and
reporting related to groundwater pumping.
5. DECISION MAKING PROCESS
5.1 With the exceptions noted herein, it is the intent of the Parties
that all actions undertaken by the KRGSA are done by
unanimous consent of the Parties: however, if unanimous
consent is not possible, a majority vote of the Parties is
required.
5.2 In the event of an impasse or disagreement, the Parties shall
use their best efforts to find a mutually agreeable result. To this
effect, the Parties shall consult and negotiate with each other
in good faith in an attempt to reach a solution that is mutually
satisfactory. If the Parties do not reach a solution, then the
matter shall be submitted to non - binding arbitration or
mediation within a reasonable period of time.
,,.
F 9ARc9m
ii m
- Page 3 of 5 Pages -- Page 44
Exhibit 4
6. ROLES AND RESPONSIBILITIES OF THE PARTIES
6.1 The Parties will work jointly to fulfill the Purpose of this MOU,
SGMA, and the development and implementation of a GSP
within the boundaries of the KRGSA.
6.2 The Parties will meet regularly to discuss SGMA, GSP
development and implementation activities, assignments,
and ongoing work progress.
6.8 The Parties may form committees as necessary from time to
time discuss issues that impact the KRGSA.
6.4 The CITY and ID4 are jointly responsible for implementing the
GSP In areas of the KRGSA that are within both City limits and
ID4 boundaries.
6.5 KERN DELTA is responsible for implementing the GSP in
agricultural areas of the KRGSA within KERN DELTA's
boundary.
7. FUNDING. Unless agreed to otherwise, each Party's participation in
this MOU is at its sole cost and expense.
8. TERM. This MOU shall remain in effect unless terminated by the
mutual written consent of the Parties and as allowed by State law.
9. AMENDING THE MOU. This MOU and Exhibits hereto may only be
amended by a subsequent writing, approved and signed by all Parties.
10. HOLD HARMLESS. No Party, nor any officer or employee of a Party,
shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by another Party under or In connection with this
MOU.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
CITY OF BAKERSFIELD KERN DELTA WATER DISTRICT
ma
By: By:
HARVEY L. HALL RODNEY PALLA
Mayor rd President
DATE: MAR 9 0 2016 DATE: Bo d 41 u
F gA/fF
0 9
� T
' T
Addlllonal5lgnoluref on folbwing POgP 4
0131t.INA1,
-- Page 4 of 5 Pages -- Page 4 -5
WATER BOARD
By:
HAROLD HA SON
Water Board Chair
WATER RESOURCES DEPARTMENT
By: �� e-fZ a
ART CHIANELLO
Water Resources Manager
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorne
i
By:a�o
VIRbINIA dENNARO
City Attorney
COUNTERSIGNED:
By:
NELSON SMITH
Finance Director
VG:d9 /Ng
5 \wATe \GSA \MW KwnMIaIDA.al M.O
Exhibit 4
KERN DELTA WATER DISTRICT
By:
L. MAFIK MULKA
General Manager
APPROVED AS TO FORM:
By:
GENE R. McMURTREY
Attorneys for Kern Delta Water
District
APPROVED AS TO CONTENT:
IMPROVEMENT RICT 4
By:
TED R. PAOE
Board President
APPROVED AS TO FORM:
By:
Alh]ELIZT. MINABER ARAI
General Counsel
STATE OF CAUFONNIA
Coumy a I
'�gWa m aYgd SKYrU,IpK�MKNw6bbd GlbmlK,
AMSCGl1Pn.FW 1` w°n d4 a
av b16WdlMa wmp{�lKEYa er,p xMXM
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OSWryC6y CNrk
-- Page 5 of 5 Pages --
x AKC,,
O r
Page 4-6;
Exhibit 4
319F DRE TM BARD OF DIRECTORS DP
TILE BERN DELTA WATER DISTRICT
RESOLUTION Me. 2016-03
1» THE MATTER ®b',
KERN DELTA WATER IDIISSTRICT DECISION 1i'QA BECOME A GROUNDWATER
SUSTARNAS1UMV AGENCY PURSUANT TO THE SUSTAINABLE GROUKDWATI@
MANAGEMENT ACT
the California iegislmme passed a statewide framework for sustainable
groundwater msmgemmt, known as the Sustainable Groundwater Management Act (California
Water Code § 10720 at coq.) pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill
1739, which was approved by the Governor and Chapieradl by the Secretary of State on
September 16,2014; and
WHEREAS, pursuant to the Sustainable Groundwater Management Act, sustainable
groundwater management IS MMW to occur Pursu®m to Groundwau Sustamebility Plane that
am created and adopted by Groundwater Susteinability Agencies; and
WHEREAS, pursuant to California Water Code §10723(®), a Local Agency or
combination of Local Agencies, as defined in California Water Code §10721(n), may decide to
become or foam a Groundwater Sustainably Agency; and
WIlIDEREAS, Kam Della Water District (" Disrict") is a California Watr District foamed
and operating pusuam to and in accordance with Division 13 of the California Water Code
(commencing with Water Cc& §34000) and ove dies a perdao of the Kan county Subbaidn of
the San Joaquin Valley Groundwater Basin portion of the Tulare Lake Hydrologic Region, as
ddined iv Bulletin 118 of the California Department of Water Resources and is therefore a
°Loco, Agency" as defined within Californis Water Code 10721 (n); and
WHEREAS, the City of Bakersfield (City) is a local public agency it* manages water,
has a water supply, and has land use responsibilities, and is theadme a '7,ocal Agency°° ms
de5oed wift Ctlllibmia Water Cads 10721 (n); and
the Dlalelot deins to form a Orno dwatw SoistaiMbillty Agency which
may include the City of BareraSeld and other Local Agencies, and which may also include the
participation of certain water corporations wgtdated by the Pdalk Utilities Commission acrd
mutual water companies, as authorized pursuant to Water Cods 10723.6 (b); and
WHEREAS, the District bead a pnbRc hserisg on Tuesday March 1, 2016 purieent to
California Wad Code auction JHV23 ft aft poblltation ofmaaoe of such hearing Pmmuuxt m
California Goveenmerd Code seflflan §6066; and
Llf9/tyINM! �
FXHIRIT" ' n Page 4-7
Exhibit 4
WHEREAS, at the public hearing, the Kern Delta Water District Board of Directors
considered and and written comments to tha extent provided by the public, and
WHEREAS, it would be in the beta interests of the District in form a Groundwater
Susreinsbility Agency, which may include the City of Bakersfield and other Local Agencics and
which may include the participation of various legally authorized carries.
NOW. ITIMFORE, BE IT RESOLVED AS FOLLOWS:
1. That the foregoing is true and correct
2. That Kern Delta Watts District herein decides to form a Groundwater Sustainability
Agency which may include the City of Bakersfield and other local agencies, and
which may Inoltde the participation of legally authorized entities, and which shall
have all the powers gramred to a groundwater sustainability, agency pursuant to the
Sustainable Groundwater Management Act
3. That the portion of the groundwater basin that the heroin formed Groundwater
Snelalnal ility Agony shall manage Ball be that portion of the basin as depicted in
the notification provided to the Department of Water Rereonow pmsusm to
California Water Code 10723.9, and which boundary may be modified from timer to
time.
4. That the groundwater susaioability agency hereby created shaii consider the interests
of all beneficial uses and users of groundwater, as well as those responsible for
implementing groundwater susainability plans, as required by California Water Code
section J10723.2.
.i. That the groundwater sustainsbility agency herby created shall establish and
maintain a fist of persons interested in receiving notices regarding plan preparation,
meeting amnoureements, and availability of draft plane, maps, and other relevant
documents, w required by California Water Code section ¢10723.4.
6. That the General Manager of Kam Delta Water District shall be authaized to exooute
a memorandum of agreomem or other legal agreememt(s) with other local agencies
and legally authorized entities puasu an to Water Cade ¢10723.6(a), as deemed
appropriate by the General Ivlaoeger, and cause notice to be given to the California
Department of Water Resources ofthe decision of Kenn Delta Water District to crome
the above referenced Groundwater Susainebility Agency.
a A /fF•
C yam,
b
0!lif.11 :Ai
Page 49
Exhibit 4
ALL THE FOREGOING being on the motion of Director Frick, wounded by Director
1111c allert and authmaed by the following vote, omely:
AYES: Antongiovmei, Bidart, Collins, Frick, Omens, Kaiser, Pole, Tillem
NOES: NOW
ABSENT: Now
ABSTAIN: Now
1 HEREBY CERTIFY that the foregoing resolution is the resolution of the Kom Deha
Wader District as duly passed and adopted by its Board of Directoa at a legally convam d
meeting held on the 15' day of Marck 2016.
Gti"- -w 0
G M&A Mik6y r
Assistant SmvWy of the Board ofDirwam
KERN DELTA WATER DISTRICT
RnHncq Pella
Board President of Directors
KERN DELTA WATER DISTRICT
� ryf,Kc
G -
Page 49
Exhibit 4
RESOLUTION NO. 0 3 9 - 16
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD TO BECOME A GROUNDWATER
SUSTAINABILITY AGENCY PURSUANT TO THE SUSTAINABLE
GROUNDWATER MANAGEMENT ACT.
WHEREAS, on September 16, 2014, the Sustainable Groundwater
Management Act (SGMA) was signed into law by the Governor to provide for
sustainable management of groundwater by providing local groundwater
agencies with the authority to sustainably manage groundwater through the
adoption of Groundwater Sustainability Plans; and
WHEREAS, Water Code Section 10723(a) authorizes local land use
authorities, water suppliers, and certain other local agencies, or a combination
of local agencies, overlying a groundwater basin to elect to become a
Groundwater Sustainability Agency (GSA) for the basin; and
WHEREAS, the City of Bakersfield (City) is a local agency qualified to
become a GSA because City manages water, has water supply, and has land
use responsibilities over a portion of the Kern County Subbasin (Basin Number 5-
22.14, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin, a
DWR - designated high - priority, basin; and
WHEREAS, Kern Delta Water District ("Kern Delta ") is also a local agency
qualified to become a GSA because Kern Delta is a California Water District
formed and operating pursuant to and in accordance with Division 13 of the
California Water Code and overlies a portion of the Kern County Subbasin just
south of City; and
WHEREAS, Improvement District No. 4 ( "ID4 ") is also a local agency
qualified to become a GSA and overlies a portion of the Kern County Subbasin;
and
WHEREAS, City held a public hearing on March 2, 2016, after publication
of notice pursuant to Government Code Section 6066 to consider adoption of
this Resolution; and
WHEREAS, City, Kern Delta, and ID4 will work collaboratively with other
interested entities to form a GSA known as the Kern River Ground Water
Sustainability Agency, which will cover the portion of the Kern County Subbasin
as shown on the map included in Exhibit "A" attached hereto and incorporated
herein; and *e0"6 ;;
- Pope I of 3 Pages -
EXHI9IT `A:, ,y Page 4 -10
Exhibit 4
WHEREAS, adoption of this Resolution does not constitute a "Project"
under the California Environmental Quality Act (CEQA) pursuant to 15060(c)(3)
and 15378(b)(5) of the State CEQA Guidelines because it is an administrative
action that does not result in any direct or indirect physical change in the
environment.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
The above recitals and findings are true and correct.
2. That City of Bakersfield does hereby elect in concert with Kern Delta
Water District and Improvement District No. 4 to become a
Groundwater Sustainability Agency known as the Kern River
Groundwater Sustainability Agency to cover the portion of DWR
Basin No. 5 -22.14 as shown on ExhibN "A" attached to this
Resolution.
3. That City of Bakersfield, Kern Delta Water District and Improvement
District No. 4 will work to develop the governing structure of the Kern
River Groundwater Sustainability Agency, which may involve other
entities in addition to the City of Bakersfield and Kern Delta Water
District.
4. That the Kern River Groundwater Sustainability Agency hereby
created shall consider the interests of all beneficial uses and users of
groundwater, as well as those responsible for implementing
groundwater sustainability plans, as required by California Water
Code Section 10723.2
5. That the Kern River Groundwater Sustainability Agency hereby
created shall establish and maintain a list of persons interested in
receiving notices regarding plan preparation, meeting
announcements, and availability of draft plans, maps, and other
relevant documents, as required by California Water Code Section
10723.4.
i- m
Page 2 of 3 Pages -
Page 4 -11 id>1fIGIMA1.
Exhibit 4
6. That City of Bakersfield, Kern Delta Water District, and Improvement
District No. 4 will Jointly submit a notice of their decision to form the
Kern River Groundwater Sustainability Agency for a portion of the
Kern County Subbasin (Basin Number 5- 22.14, DWR Bulletin 118)
within the San Joaquin Valley Groundwater Basin to DWR.
— i0O —^ - --
I HERESY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 3 0 2016 by the following vote:
COUNCIL MEMBER RIVEtA. MA%WELL WEIR, SMITH, HANSON, SULLIVAN, PARLIER
X068 COUNCIL MEMBER NoVV__
ABSTAIN: COUNCIL MEMBER_Qp a
ABSENT: COUNCIL MEMBER fj%)ft�
.6/e"
ROBERTA GAFFORD, Aft
CITY CLERK and Ex Officio Clerk of
APPROVED MAR 3 17016 the Council of the City of Bakersfield
By
Mayor
L HALL
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Atto y
By u
VI GINIA GENNARO
City Attorney
Rl:dll
SNWAMR\c \R..Fffl. a
�a
Pape 3 of 3 Pages - Y(y'p1*;hiN¢i
Page 4 -12
-- FOR oFFlcwL use ONLY — Exhibit 4
Kern River Groundwater Sustainability Agency (GSA)
Approved Boundary as of March 30, 2016
x XHIHP I " /- " -
Exhibit 4
BEFORE THE BOARD OF DIRECTORS
OP'rEIE
KERN COUNTY WATER AGENCY
In the matter of
AUTHORIZING IMPROVEMENT o
DISTRICT NO. 4T0 BECOME A °
GROUNDWATER SUSTAINABILITY
AOENCY ^+
I, Lucinda J. Infante, Secretary of the Board of Directors of the Kem County Water Agency, of the
County of Kern, State of California, do hereby certify flint the following resolution proposed by Director
Lun ti , and seconded by Director Egg, was duly passed and adopted by said Board of Directors at an
official meeting hereof this 3l at day of March, 2016, by the following vote, to wit:
Ayes: Lundquist, Past, Wulff, Millibar, Conn and Page
Noes: None
Absent: Hnfenfeld
lma+woLJ.
Secretary of the Board of Directors
of the Kern County Water Agency
Resolution No IJ-1
WHEREAS, the Board of Directors (Board) of the Kern County Water Agency (Agency) is else
empowered as the Board orthe Agency Improvement District No.4 (I1)4); and
WHEREAS, on September 16, 2014, the Sustainable Groundwater Management Act (SOMA) was
signed into law by the Governor to provide for sustainable managemud ofgroundwswr by providing local
groundwater agencies with the authority to sustainably manage groundwater through the adoption of
i".l HJBIt u/A.ai�
Page 4 -14
Exhibit 4
Groundwater Sustainability Plans; and
WHEREAS, Wafer Codc section 10927 Authorizes twill land use authorities, wafer suppliers, and
cenain other local agencies, or a combination of Ineel agencies, overlying a groundwater basin to elect hl
townie 0 Groundwater Suslainability Agency (GSA) for die Iwslo; find
W11 Eli EA S, ID4 is a local agency qualifed h, hwome a GSA beuatse IDd is an Improvement
District urthe Kern County Water Agency linansl In Provide a supplemental water supply lin'the
metmpolitau Bakersfield area anal overlies a Potion of the Kern Coanly Subbasin (Basin Nundcr 5- 22. W,
D WR Bulletin 118) within the San Jolquiu Volley Groundwater Basin, if DWR- designated high-priority,
basin; and
W1IEREAS, the City of Bakerw icld (City) is it local agency qualified to becunae a GSA because the
City manages water, has a wiser supply, and has hind use rests nisibilities over if Portion of the Kenn County
Subbsein; and
WHP.REAS. Ken Delta Water Disirlet (Kern fella) is also a Iwnl agency qunlifed to beaxime a GSA
because Kern Delta is if California Water District refined and olxmting Pursuant to and in accordance with
Division 17 oflhe (Airnrnia Water Cade and overlies a portion of the Korn County Subbasin just south of the
City; mad
WHEREAS, the Agency, the City and Kern Delta will work collabomtively with other interested
agencies in form a GSA known as the Kem River Groundwater Sustainabilily Agency, which will cover the
Portion of the Kcra County Sublimin as shown oo the mop included in Exhlbil A mmohod harem find
Incorporated herein; and
WHEREAS, adoption, of tills Resolution dos not amstili le it "Project' under die Calirumia
E'nvironnlenhd Qamlily Acl (CSOA) Pun tiol to 1506(1(cx7) and 15378(b)(5) of die State CEQA Guidelines
because It Is till 1ahi11llisul ivV action Ilml does not resuh in tiny direct or Indlmcl physical change in die
environment; and
i_.
Page 4 -15
Exhibit 4
NOW, THEREFORE, BB I'T RESOLVED by the Bond ol'Directors or the Kern Camt,V Water
Agency, noting as the Board or Directors of improvement District No. 4, that:
I. The foregoing minds are hue and correct.
2. ID4 does hereby elect in concert with the City and Kern Delta to become a
Groundwater Susainability Agency known as the Kam River Omundwaier Sustainability Agency to cover
the portion of DWR Basin No. 5 -22.14 as shown on Exhibit A.
3. ID4, the City and Kem Delta will work to develop the gowning structure of the Kern
River Groundwater Sustainability Agency, which may involve other entities in addition to I04, the City
and Kern Deltn.
4. The Kern River Groundwater Sustainability Agency hereby created shell consider the
inloswei of all beneficial uses and users of groundwater, as well as chose resixmsihle for implementing
groundwater stetainability plans, as required by CallFarnia Water Cale section 10723.2.
5. The Ken RiverGroundwater Sustainnhilily Agency hereby created shall establish and
maintain a list of poisons Interested in receiving notices reganling plan preparation, naieting
announcements and availability ol'dmB plans, nmps and other relevnnl docnmcnls, as required by
Californio Water Cale sactiou 10723.4.
0. ID4, the City and Kam Delta will jointly submit a notice ortheir decision to form the
r Korn River Groundwater Sustainability Agency Ibr o Portion orthe Kenn County Subbasin.
7. The Agency Bond President is authorized to execute the Memorandum of
I Inderslanding Fomfng the Kern River Groundwater Susminnbility Agency as shown on Exhibit B.
9
� gAlr�
a
t- n.
Page 4 -16 0Mtof 5
Nh,
Exhibit 4
— FOR OFFICIAL USE ONLY --
Kern River Groundwater Sustainability Agency (GSA)
Approved Boundary as of March 30, 2016 Exhibit A
0 4 8
Mlles
rage 4-4,
.�.
s
Exhibit 4
Exhibit B
MEMORANDUM OF UNDERSTANDING FORMING THE KERN
RIVER GROUNDWATER SUSTAINABILITY AGENCY
THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made and entered
into on by and between the CITY OF BAKERSFIELD, a
municipal corporation, ( "CITY" herein), KERN DELTA WATER DISTRICT ( "KERN
DELTA" herein), and KERN COUNTY WATER AGENCY on behalf of Its
IMPROVEMENT DISTRICT NO. 4, ( "ID4" herein), each a "Party" and collectively
the "Parties."
WHEREAS, on September 16, 2014, Governor Jerry Brown signed Into law
Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the
Sustainable Groundwater Management Act ( "SGMA "); and
WHEREAS, the purpose of SGMA Is to create a comprehensive
management system in the State of California by creating structure to manage
groundwater at the local level, while providing authority to the State to oversee
and regulate, if necessary, the local groundwater management system; and
WHEREAS, SGMA empowers local agencies to adopt groundwater
management plans that are tailored to the resources and needs of their
communities to provide a buffer against drought and contribute to reliable
water supply for the future; and
WHEREAS, Water Code Section 10723.6 authorizes a combination of local
agencies overlying a groundwater basin to elect to become a Groundwater
Sustainability Agency ( "GSA ") by using a memorandum of agreement or other
legal agreement; and
WHEREAS, CITY is a local agency qualified to become a GSA because
CITY manages water, has a water supply, and has land use responsibilities over a
portion of the Kern County Sub -basin (Basin Number 5- 22.14, DWR Bulletin 118)
within the San Joaquin Valley Groundwater Basin ( "Basin "), a DWR- designated
high- priority basin; and
WHEREAS, Kern Delta is also a local agency qualified to become a GSA
because Kern Delta is a California Water District formed and operating pursuant
to and in accordance with Division 13 of the California Water Code, manages
water, has a water supply and overlies a portion of the Basin just south of CITY;
and
0AA'
a4 n
-- Page I of 5 Pages -
•tilt'.,•;•, � o
Page 4-18
Exhibit 4
WHEREAS, ID4 is also a local agency qualified to become a GSA because
ID4 is an improvement district of the Kern County Water Agency formed to
provide a supplemental water supply for the metropolitan Bakersfield area and
overlies a portion of the Basin; and
WHEREAS, on February 10, 2016, CITY and KERN DELTA entered into
Agreement No. 10-009 to establish a working relationship with the goal of jointly
forming a GSA; and
WHEREAS, CITY and KERN DELTA mutually agree to add ID4 as a Party to
this MOU; and
WHEREAS, on March 1, 2016, KERN DELTA held a public hearing to
determine whether to become a GSA, and on March 15, 2016, KERN DELTA
adopted Resolution No. 2016 -03 electing to jointly become a GSA with CITY and
ID4, a copy of which is attached hereto as Exhibit "A -1 "; and
WHEREAS, on March 2, 2016, CITY held a public hearing to determine
whether to become a GSA and on March 30, 2016, CITY adopted Resolution No.
039 -16, electing to jointly become a GSA with KERN DELTA and ID4, a copy of
which is attached hereto as Exhg* "A -2 "; and
WHEREAS, on March 31, 2016, ID4 held a public hearing to determine
whether to become a GSA, and on March 31, 2016, ID4 adopted Resolution No.
-16, electing to jointly become a GSA with CITY and KERN DELTA, a
copy of which is attached hereto as Exhibit "A -3 "; and
WHEREAS, CITY, KERN DELTA and ID4 will jointly submit a Notice of Decision
to form and be the founding Parties of a GSA, which will cover the portion of the
Basin as shown on the map in Exhibit "B -1" attached hereto and incorporated
herein; and
WHEREAS, the Parties will work collaboratively with other Interested
agencies to develop and Implement a Ground Water Sustainability, Plan ) "GSP ")
to sustainably manage the Basin pursuant to SGMA.
NOW, THEREFORE, incorporating the above recitals herein and exhibits
attached, it is mutually understood and agreed as follows:
1. PURPOSE. This MOU is entered into by and between the Parties to
facilitate a cooperative and ongoing working relationship that will allow
compliance with SGMA and State law, both as amended from time to time.
2. KERN RIVER GROUND WATER SUSTAINABILITY AGENCY. The Parties
hereby establish the Kern River Groundwater Sustainability Agency ("KRGSA ") to
manage the portion of the Basin as set forth in Exhibit "B -1." a ^KF9
-- Page 2 of 5 Pages -- � •
Page 4-19
Exhibit 4
3. ADDITIONAL AGENCIES. Additional agencies with service area
boundaries outside the jurisdiction of the Parties may join and Incorporate their
service area boundaries or portions thereof Into KRGSA upon the mutual
consent of all Parties. The additional agencies will be added to Exhibit "C -1; as
amended from time to time In compliance with SGMA, and the boundaries of
the KRGSA may be expanded accordingly.
4. POWERS
4.1 In addition to any other action available to develop and
Implement SGMA, including a GSP, the KRGSA may perform
the following functions:
4.1.1 Adopt standards for measuring and reporting water
use.
4.1.2 Develop and implement policies designed to reduce or
eliminate overdraft within the boundaries of the GSA.
4.1.3 Develop and Implement conservation best
management practices.
4.1.4 Develop and implement metering, monitoring and
reporting related to groundwater pumping.
5.1 With the exceptions noted herein, It is the intent of the Parties
that all actions undertaken by the KRGSA are done by
unanimous consent of the Parties; however, if unanimous
consent is not possible, a majority vote of the Parties Is
required.
5.2 In the event of an impasse or disagreement, the Parties shall
use their best efforts to find a mutually agreeable result. To this
effect, the Parties shall consult and negotiate with each other
In good faith in an attempt to reach a solution that Is mutually
satisfactory. If the Parties do not reach a solution, then the
matter shall be submitted to non - binding arbitration or
mediation within a reasonable period of time.
ROLES AND RESPONSIBILITIES Of THE PARTIES
6.1 The Parties will work jointly to fulfill the Purpose of this MOU,
SGMA, and the development and implementation of a GSP
within the boundaries of the KRGSA.
AFkrT
— Page 3 of 5 Pages —
Page 4 -20
Exhibit 4
6.2 The Parties will meet regularly to discuss SGMA, GSP
development and implementation activities, assignments,
and ongoing work progress.
6.3 The Parties may form committees as necessary from time to
time discuss issues that Impact the KRGSA.
6.4 The CITY and ID4 are jointly responsible for implementing the
GSP In areas of the KRGSA that are within both City limits and
ID4 boundaries.
6.5 KERN DELTA is responsible for Implementing the GSP in
agricultural areas of the KRGSA within KERN DELTA's
boundary.
7. FUNDING. Unless agreed to otherwise, each Party's participation In
this MOU is at Its sole cost and expense.
& TERM. This MOU shall remain in effect unless terminated by the
mutual written consent of the Parties and as allowed by State law.
9. AMENDING THE MOU. This MOU and Exhibits hereto may only be
amended by a subsequent writing, approved and signed by all Parties.
10. HOLD HARMLESS. No Party, nor any officer or employee of a Party,
shall be responsible for any damage or liability occurring by reason of anything
done or omitted to be done by another Party under or in connection with this
MOU.
APPROVED AS TO CONTENT:
CITY OF BAKERSFIELD
By:
HARVEY L. HALL
Mayor
Draft - See
DATE: final signed
version on
WATER BOARD Page 4 -5.
By:
APPROVED AS TO CONTENT:
KERN DELTA WATER DISTRICT
RODNEY PALLA
Board President
DATE:
KERN DELTA WATER DISTRICT
By:
HAROLD HANSON L. MARK MULKAY
Water Board Choir General Manager
na -w spn . on rol 1.9 rugs
-- Page 4 of 5 Poges --
Page 4 -21
WATER RESOURCES DEPARTMENT
By:
ART CHIANELLO
Water Resources Manager
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
VIRGINIA GENNARO
City Attorney
COUNTERSIGNED:
By:
NELSON SMITH
Finance Director
Draft -See final
signed version
on Page 4 -6.
VGali/Ng
SNWAR GSA \M K.OWo6plgy Nglpxy
Exhibit 4
APPROVED AS TO FORM:
By:
GENE R. McMURTREY
Attorneys for Kern Delta Water
District
APPROVED AS TO CONTENT:
IMPROVEMENT DISTRICT 4
By:
TED R. PAGE
Board President
APPROVED AS TO FORM:
8y:
AMELIA T. MINABERRIGARAI
General Counsel
-- Page 5 of 5 Pages —
anmp-
y. 9f
h
!Rlia�nlne^
Page 4-22
Exhibit 4
Exhibit A -1
BEFORE, THE BOARD OF DIRECTORS OF
THE KERN DELTA WATER DISTRICT
RESOLUTION NO. 2016-03
IN THE MATTER OF:
KERN DELTA WATER DISTRICT DECISION TO BECOME A GROUNDWATER
SUSTAINABILITY AGENCY PURSUANT TO THE SUSTAINABLE GROUNDWATER
MANAGEMENT ACT
WHEREAS, the California legislature passed a statewide framework for sustainable
groundwater management, known as the Sustainable Groundwater Management Act (California
Water Code § 10720 et seq.) pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill
1739, which was approved by the Governor and Chaptemd by the Secretary of State on
September 16, 2014; and
WHEREAS, pursuant to the Sustainable Groundwater Management Act, sustainable
groundwater management is intended to occur pursuant to Groundwater Sustaimbility Plans that
are created and adopted by Groundwater Sustainability Agencies; and
WHEREAS, pursuant to California Water Code §10723(a), a Local Agency or
combination of Local Agencies, as defined in California Water Code § 1072l(n), may decide to
become or form a Groundwater Sustainably Agency; and
WHEREAS, Kern Delta Water District ( "District ") is a California Water District formed
and operating pursuant to and in accordance with Division 13 of the California Water Code
(commencing with Water Code §34000) and overlies a portion of the Kern County Subbasin of
the San Joaquin Valley Groundwater Basin portion of the Tulare Lake Hydrologic Region, as
defined in Bulletin 118 of the California Department of Water Resources and is therefore a
"Local Agency" as defined within California Water Code 10721 (n); and
WHEREAS, the City of Bakersfield (City) is a local public agency that manages water,
has a water supply, and has land use responsibilities, and is therefore a "Local Agency" as
defined within California Water Code 10721 (n); and
WHEREAS, the District desires to form a Groundwater Sustainability Agency which
may include the City of Bakersfield and other Local Agencies, and which may also include the
participation of certain water corporations regulated by the Public Utilities Commission and
mutual water companies, as authorized pursuant to Water Code 10723.6 (b); and
WHEREAS, the District held a public hearing on Tuesday March 1, 2016 pursuant to
California Water Code section §10723(6), after publication of notice of such hearing pursuant to
California Government Code section §6066; and
phkp.
N
:..nvuvnr��
Page 4.23
Exhibit 4
Exhibit A -I
WHEREAS, at the public hearing, the Kern Delta Water District Board of Directors
considered oral and written comments to the extent provided by the public; and
WHEREAS, it would be in the best interests of the District to form a Groundwater
Sustainability Agency, which may include the City of Bakersfield and other Local Agencies and
which may include the participation of various legally authorized entities
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the foregoing is true and correct.
2. That Kern Delta Water District herein decides to form a Groundwater Sustainability
Agency which may include the City of Bakersfield and other local agencies, and
which may include the participation of legally authorized entities, and which shall
have all the powers granted to a groundwater sustainability agency pursuant to the
Sustainable Groundwater Management Act.
3. That the portion of the groundwater basin that the herein formed Groundwater
Sustainability Agency shall manage shall be that portion of the basin as depicted in
the notification provided to the Department of Water Resources pursuant to
California Water Code 10723.6, and which boundary may be modified from time to
time.
4. That the groundwater sustainability, agency hereby created shall consider the interests
of all beneficial uses and users of groundwater, as well as those responsible for
implementing groundwater Sustainability, plans, as required by California Water Code
section §10723.2.
5. That the groundwater sustainability agency hereby created shall establish and
maintain a list of persons interested in receiving notices regarding plan preparation,
meeting announcements, and availability of draft plans, maps, and other relevant
documents, as required by California Water Code section § 10723.4.
6. That the General Manager of Km Delta Water District shall be authorized to execute
a memorandum of agreement or other legal agreement(s) with other local agencies
and legally authorized entities pursuant to Water Code § i 0723.6(x), as deemed
appropriate by the General Manager, and cause notice to be given to the California
Department of Water Resources of the decision of Kan Delta Water District to create
the above referenced Groundwater Sustainability Agency.
T
r�
i
t 1r11ri1N/;I,
Page 4 -24
Exhibit 4
Exhibit A -I
ALL THE FOREGOING being on the motion of Director Frick, seconded by Director
Tillema and authorized by the following vote, namely:
AYES: Antongiovanni, Bidart, Collins, Frick, Garone, Kaiser, Falls, Tillema
NOES: Now
ABSENT: None
ABSTAIN: Now
I HEREBY CERTIFY that the foregoing resolution is the resolution of the Kern Delta
Water District as duly passed and adopted by its Board of Directors at a legally convened
meeting held on the 15" day of March, 2016.
ATTESTED:
L. Mark M Ikay 9
Assistant Secretary of the Board of Directors
KERN DELTA WATER DISTRICT
NoHney I'ulla
Board President of Directors
KERN DELTA WATER DISTRICT
04 ��KFS
0
ON16iNnt
Page 425
Exhibit 4
Exhibit A -2
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD TO BECOME A GROUNDWATER
SUSTAINABILITY AGENCY PURSUANT TO THE SUSTAINABLE
GROUNDWATER MANAGEMENT ACT.
WHEREAS, on September 16, 2014, the Sustainable Groundwater
Management Act (SGMA) was signed Into law by the Governor to provide for
sustainable management of groundwater by providing local groundwater
agencies with the authority to sustainably manage groundwater through the
adoption of Groundwater Sustainabllity Plans; and
WHEREAS, Water Code Section 10723(a) authorizes local land use
authorities, water suppliers, and certain other local agencies, or a combination
of local agencies, overlying a groundwater basin to elect to become a
Groundwater Sustainabllity Agency (GSA) for the basin; and
WHEREAS, the City of Bakersfield (City) is a local agency qualified to
become a GSA because City manages water, has water supply, and has land
use responsibilities over a portion of the Kem County Subbasin (Basin Number 5-
22.14, DWR Bulletin 118) within the San Joaquin Valley Groundwater Basin, a
DWR - designated high - priority basin; and
WHEREAS, Kem Delta Water District ("Kern Delta ") is also a local agency
qualified to become a GSA because Kem Delta is a California Water Disrct
formed and operating pursuant to and in accordance with Division 13 of the
Callfomia Water Code and overlies a portion of the Kern County Subbasin just
south of City; and
WHEREAS, Improvement District No. 4 ( "ID4 ") Is also a local agency
qualified to become a GSA and overlies a portion of the Kern County Subbasin;
and
WHEREAS, City held a public hearing on March 2, 2016, after publication
of notice pursuant to Government Code Section 6066 to consider adoption of
this Resolution; and
WHEREAS. City, Kern Delta, and ID4 will work collaboratively with other
interested entities to form a GSA known as the Kern River Ground Water
Sustainability Agency, which will cover the portion of the Kern County Subbasin
as shown on the map included in Exhibit "A" attached hereto and incorporated
herein; and
Page I of 3 Pages -sb
Page 4-26 LaHr °.mi,r-
Exhibit 4
WHEREAS, adoption of this Resolution does not constitute a "Project'
under the California Environmental Quality Act (CEQA) pursuant to 15060(c)(3)
and 15378(b)(5) of the State CEQA Guidelines because It Is an administrative
action that does not result in any direct or indirect physical change in the
environment.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield
as follows:
1. The above recitals and findings are true and correct.
2. That City of Bakersfield does hereby elect in concert with Kern Delta
Water District and Improvement District No. 4 to become a
Groundwater Sustainability Agency known as the Kern River
Groundwater Sustainability Agency to cover the portion of DWR
Basin No. 5.22.14 as shown on Exhibit "A" attached to this
Resolution.
3. That City of Bakersfield, Kem Delta Water District and Improvement
District No. 4 will work to develop the governing structure of the Kem
River Groundwater Sustainability Agency, which may Involve other
entities in addition to the City of Bakersfield and Kern Delta Water
District.
4. That the Kem River Groundwater Sustainability Agency hereby
created shall consider the interests of all beneficial uses and users of
groundwater, as well as those responsible for implementing
groundwater sustoinability plans, as required by California Water
Code Section 10723.2
5. That the Kem River Groundwater Sustainability Agency hereby
created shall establish and maintain a list of persons interested in
receiving notices regarding plan preparation, meeting
announcements, and availability of draft plans, maps, and other
relevant documents, as required by California Water Code Section
10723.4.
6. That City of Bakersfield, Kem Delta Water District, and Improvement
District No. 4 will jointly submit a notice of their decision to form the
Kem River Groundwater Sustainability Agency for a portion of the
Page 2 of 3 Pages - 9n
Page 4 -27
Exhibit 4
Kern County Subbosin (Basin Number 522.14, DWR Bulletin 118)
within the San Joaquin Valley Groundwater Basin to DWR.
—•-- 000 - - ---
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
, by the following vote:
YES:
COUNCIL MEMBER RIVERA. MAXWELL, WEIR, SMITH, HANSON, SULLIVAN. PARUER
NOES:
COUNCIL MEMBER
ABSTAIN:
COUNCIL MEMBER
ABSENT:
COUNOLMEMBER
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officlo Clerk of
the Council of the City of Bakersfield
APPROVED
By
HARVEY L. HAIL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
VIRGINIA GENNARO
City Attorney
RI:dII
S:NWAMGMkR FND
Draft - See final
signed version
on Page 4 -12.
Page 3 of 3 Pages -
Page 4 -28
-- FOR OFFICIAL USE ONLY -- Exhibit 4
Kern River Groundwater Sustainability Agency (GSA)
Approved Boundary as of March 30, 2016 Exhibit a-
o
Q.. 0
d
O
W�F
Legend
0 4 8 r
Mlles KRGSA Finel Boflhd�ry
Page 4 -29
Exhibit 4
EXHIBIT C -7
ADDITIONAL AGENCIES
The agencies identified below hereby agree to join and incorporate their
service area boundaries, or portion thereat. inlu the Kern River Ground Water
Sustainability Agency ( "KRGSA ") as shaven on the maps attached as Exhibit 'B ".
EAST NILES COMMUNHY SERVICE DISTRICT
Ey.� _ _ Draft -See final
TIMOTHY P. RUI2 signed version on
GENERAL MANAGER Page 4 -34.
OILDALE MUTUAL WATER COMPANY
/NORTH OF THE RIVER MUNICIPAL WATER DISTRICT
DOUG NUNNELEY
General Managr-i
Page 4 -30 ,: - 11 n
- FOR OFFICIAL USE ONLY — Exhibit 4
Kern River Groundwater Sustainabiiity Agency (GSA)
Approved Boundary as of March 30, 2096
^I*µV .
-1 4 ' ^
A
0 4 8
w..
r�
EXHIBIT"L3, -- "
8
0
Legendg�'.
f.__ -.., RReeAP ge4-33 .
Exhibit 4
— FOR OFFICIAL USE ONLY —
Kern River Groundwater Sustainability Agency (GSA)
Approved Boundary as of March 30, 2018
M SA Flow)M
0 4 g
HIM g p„gn®aa OBy
Page 432
Exhibit 4
-- FOR OFFICIAL USE ONLY —
Kern River Groundwater Suatainability Agency (GSA)
Approved Boundary as of March 30, 2070
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0 0 8 WIN 0 Nodal old* Rk r (om%WC) Bmmdei'V
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Exhibit 4
EXHIBIT C -1
ADDITIONAL AGENCIES
The agencies identified below hereby agree to join and incorporate their
service area boundaries, or portion thereof, into the Kern River Ground Water
Sustainability Agency ("KRGSA ") as shown on the maps attached as Exhibit "B ".
EAST NILES COMMUNITY SERVICE DISTRICT
By: c,
TIMOTHY P. RUIZ
GENERAL MANAGER
OILDALE MUTUAL WATER COMPANY
/NORTH OF THE RIVER MUNICIPAL WATER DISTRICT
By:
DOUG N}INNELEY
GenerafManager
SA..TER \G \A DII L/ADT06i0ooa
a
F
15EXHIB11 "'
- - -- Page 4 -34
EXHIBIT 5
SUPPORTING DOCUMENTS FOR ENTITIES ALSO JOINING THE KERN RIVER GSA
INCLUDING:
DOCUMENTS FROM
(A) EAST NILES COMMUNITY SERVICES DISTRICT
(B) NORTH OF THE RIVER MUNICIPAL WATER DISTRICT
Page 5 -1
s
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z
Exhibit 5 -A
BEFORE THE BOARD OF DIRECTORS OF
THE EAST NILES COMMUNITY SERVICES DISTRICT
RESOLUTION NO. 2016-04
EAST NILES COMMUNITY SERVICES DISTRICT DECISION TO FORM AND
PARTICIPATE IN A GROUNDWATER SUSTAINABILITY AGENCY PURSUANT TO
THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT
WHEREAS, the California legislature passed a statewide framework for sustainable
groundwater management, known as the Sustainable Groundwater Management AM (California
Water Code § 10720 at seq.) pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill
1739, which was approved by the Governor and Chaptered by the Secretary of State on
September 16,2014;and
WHEREAS, pursuant to the Sustainable Groundwater Management Act, sustainable
groundwater management is intended to occur pursuant to Groundwater Sustainability Plans that
are created and adopted by Groundwater Sumdrutbility Agencies; and
WHEREAS, pursuant to California Water Code §10723(x), a Local Agency or
combination of Local Agencies, as defined in California Water Code §10721(x), may decide to
became or form a Groundwater Susminably Agency; and
WHEREAS, Bast Niles Community Services District ( "Distrim'l is a Community
Services District formed and operating pursuant mend in accordance with the Community
Services District Law, (commencing with Government Code §61000) and overlies a portion of
the Kern County Subbasin of the San Joaquin Valley Groundwater Basin portion of the Tulare
Lake Hydrologic Region, as defined in Bulletin 118 of the California Department of Water
Rewurcee and is therefore a "Local Agency' as defined within California Water Code 10721 (n);
and
WHEREAS, Korn Delta Water District ( "Kern Delm'7 is a California Water District
formed and operating pursuant to and in accordance with Division 13 of the California Water
Code (commencing with Water Code §34000) and is a "Local Agency" as defined within
California Water Code 10721 (n); and
WHEREAS, the City of Bakersfield (City) is a local public agency that manages water,
has a water supply, and has land use responsibilities, and is therefore a "Local Agency" as
defined within California Water Code 10721 (n); and
WHEREAS, the District desires to form and participate in a Groundwater Sustainability
Agency which may include Keno Delt% the City of Bakersfield, other Local Agencies, and which
may also include the participation of certain water corporations regulated by the Public Utilities
Commission and mutual water companies, as authorized pursuant to Water Code 10723.6 (b);
and
WHEREAS, the District held a public hexing on Monday, March 21, 2016 pursuant to
California Water Cade section § 10723(6), after publication of notice of such hearing pursuant to
California Government Code section §6066; and
WHEREAS, at the public hearing, the Fast Niles Community Services District Board of
Directors wnsidersd oral and written comments to the extent provided by the public; and
WHEREAS, it would be in the hest interests of the District to form a Groundwater
Sustainability Agency, which is ultimately intended to include Kern Delta Water District, the
City of Bakersfield, and perhaps other Local Agencies, and which may also include the
participation of various legally authorized entities.
Page 5 -3
Exhibit 5 -A
Resolution No. 2016-01 2
Fast Niles Community g low District
NOW, THEREFORE, BE TT RESOLVED AS FOLLOWS:
1. That the foregoing is true and correct
2. Then the East Niles Community Services District herein decides to form a
Groundwater Susminebility Agency which will include all or part of Kem Della
Water District, the City of Bakersfield, and other local agencies, and which may also
include the participation ofother legally authorized entifies, and which shall have all
the powers granted to a groundwater sustainability agency proven[ to the Sustainable
Groundwater Management Act
3. That the portion of the groundwater basin that the herein formed Groundwater
Suatainability Agency shall manage shall be that portion of the basin as depicted in
the notification provided m the Department of Water Resources putsuent to
California Water Code 10723.8, and which boundary may be modified from time to
time.
4. That the groundwater sustainability agency hereby created shall consider the interests
of all beneficial uses and users of groundwater, as well as those responsible for
implementing groundwater summability plans, as required by California Water Code
section §10723.2.
5. That the groundwater sustainability agency hereby created shall establish and
maintain a list of persons interested in receiving notice regarding plan preparation,
meeting annomcerrtmts, and availability of draft plans, maps, and other relevant
documents, m required by California Water Code section §10723.4.
6. That the General Manager of East Niles Community Services District shad be
authorized to execute a memorandum ufagreement or other legal agreemmt(s) with
other local agencies and legally authorized entities purmant to Water Code
§10723.6(x), as deemed appropriate by the Gmerel Manager, and cause notice to be
given m the California Department of Water Resources ofthe decision of East Niles
Community Smites District to create and participate in the above referenced
Groundwater Sustainability Agency.
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the
Fast Niles Community Services District held on the 21st day of March 2016, by the following
vote, to wit:
AYES:
Directors Harger, McCalla, Powell and Ruiz
NOES:
None
ABSENT:
Director Mayberry
ABSTAIN:
None
x :a
MIES 11 RE
Page 5 -0
Exhibit 5 -A
EAST NILES COMMUNITY SERVICES DISTRICT
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that, pursuant to California Water Code section 10723
(b), East Niles Community Services District (District) will hold a public hearing on
Monday March 21, 2016 at the hour of 5:30 p.m., at the District offices located
at 1417 Vale Street, Bakersfield, California to consider and determine whether
the District shall decide to become a Groundwater Sustainability Agency and /or
to consider and determine whether the District will form a Groundwater
Sustainability Agency with one or more other local agencies and water
purveyors, for a portion of the Kern County Subbasin of the Tulare Lake
Groundwater Basin. Written comments should be submitted to the District, to
the attention of Timothy P. Ruiz, District Manager no later than 5:00 p.m. on
Monday, March 21, 2016. During the hearing, the District will receive oral and
written comments before making a decision.
Page 5 -5
PROOF OF PUBLICATION
The BAKERSFIELD CALIFORNIAN
P.O. BOX 440
BAKERSFIELD, CA 93302
EAST NILES COMMUNITY SVC
1417 VALE ST
BAKERSFIELD, CA 93306
STATE OF CALIFORNIA
COUNTY OF KERN
1 AM A CITIZEN OF THE UNITED STATES AND A RESIDENT
OF THE COUNTY AFORESAID: I AM OVER THE AGE OF
EIGHTEEN YEARS, AND NOT A PARTY TO OR INTERESTED
M THE ABOVE ENTITLED MATTER. 1 AM THE ASSISTANT
PRINCIPAL CLERK OF THE PRINTER OF THE BAKERSFIELD
CALIFORNIAN, A NEWSPAPER OF GENERAL CIRCULATION.
PRINTED AND PUBLISHED DAILY IN THE CITY OF
BAKERSFIELD COUNTY OF KERN,
AND WHICH NEWSPAPER HAS BEEN ADJUDGED A
NEWSPAPER OF GENERAL CIRCULATION BY THE SUPERIOR
COURT OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
UNDER DATE OF FEBRUARY 5,195Z CASE NUMBER 57610•,
THAT THE NOTICE, OF WHICH THE ANNEXED IS A PRINTED
COPY, HAS BEEN PUBLISHED IN EACH REGULAR AND
ENTIRE ISSUE OF SAID NEWSPAPER
AND NOT IN ANY SUPPLEMENT THEREOF ON THE
FOLLOWING DATES, TO WIT: 3/1/16
3/8/16
ALL IN YEAR 2016
I CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND CORRECT.
NA�,._3
r. :t. I• s.4L�17'17:
MAR 0 S 2016
Exhibit 5 -A
Ad Number:
14091226
PO N:
Edition:
ITBC
Run Timm 2
Clans Code
Legal Notices
Start Date
3/12016
Stop Date 3/8/2016
Billing Lines
17
Inch" 102.92
Total Coat
$265.06
Account 19NO02
Billing
EAST NILES COMMUNITY SVC
Address
1417 VALE ST
BAKERSFIELD,CA 93306
Solicitor I.D.: 0
First Text
EAST NILES COMMUNITY SERVICES DISTRICTN(
Ad Number 1408122E
Wrt t 82.16
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RECtrYLU i1A{ 1 5 2016
Page 5 -6
Exhibit 5 -6
VVorth of the River Municipal Water District
PO Box 5836 — Bakersfield, CA - 93388
(661) 399 -5516 office 1(661) 399.6598 fax
RESOLUTION No. 2016 -2
NORTH OF THE RIVER MUNICIPAL WATER DISTRICT DECISION TO FORM AND
PARTICIPATE IN A GROUNDWATER SUSTAINABILITY AGENCY PURSUANT TO THE
SUSTAINABLE GROUNDWATER MANAGEMENT ACT
WHEREAS, the California legislature passed a statewide framework for sustainable
groundwater management, known as the Sustainable Groundwater Management
Act (California Water Code sections 10720 at seq.) pursuant to Senate Bill 1168,
Senate Bill 1318, and Assembly Bill 1739, which was approved by the Governor
and Chaptered by the Secretary of State on September 16, 2014; and
WHEREAS, pursuant to the Sustainable Groundwater Management Act, sustainable
groundwater management is intended to occur pursuant to Groundwater
Sustainability Plans that are created and adopted by Groundwater Sustainability
Agencies; and
WHEREAS, pursuant to California Water Code section 10723(a), a Local Agency or
combination of Local Agencies, as defined in California Water Code section
10721(n), may decide to become or form a Groundwater Sustainably Agency; and
WHEREAS, North of the River Municipal Water District ('District) is a local agency qualified to
become a GSA because the District manages water and has a water supply in a
portion of the Kern County Sub -basin (Basin Number 5- 22.14, DWR Bulletin 118)
within the San Joaquin Valley Groundwater Basin, a DWR - designated high -priority
basin and is therefore a "Local Agency" as defined within California Water Code
section 10721(n); and
WHEREAS, Kern Delta Water District ('Kem Delta ") Is a California Water District formed and
operating pursuant to and in accordance with Division 13 of the California Water
Code (commencing with Water Code section 34000) and is a "Local Agency` as
defined within California Water Code section 10721(n); and
WHEREAS, the City of Bakersfield ( "City') is a local public agency that manages water, has a
water supply, and has land use responsibilities, and is therefore a "Local Agency"
as defined within California Water Code section 10721(n); and
WHEREAS, Improvement District No. 4 of the Kern County Water Agency (9134 ") is also a local
agency qualified to become a GSA and overlies a portion of the Kern County Sub -
basin and is therefore a "Local Agency' as defined within California Water Code
section 10721(n); and
WHEREAS, the District desires to form and participate in a Groundwater Sustainability Agency
which may include Kern Delta, the City of Bakersfield, ID4, other Local Agencies,
and which may also include the participation of certain water corporations
regulated by the Public Utilities Commission and mutual water companies, as
authorized pursuant to Water Code section 10723.6(b); and
Page 5 -7
Exhibit 5 -13
WHEREAS, the District held a public hearing on Wednesday, April 6, 2016 pursuant to
California Water Code section 10723(b), after publication of notice of such hearing
pursuant to California Government Code section 6066; and
WHEREAS, at the public hearing, the North of the River Municipal Water District Board of
Directors considered oral and written comments to the extent provided by the
public; and
WHEREAS, it would be in the best interests of the District to participate in a Groundwater
Sustainability Agency, which is ultimately intended to include Kem Delta Water
District, the City of Bakersfield, and ID4, and perhaps other Local Agencies, and
which may also include the participation of various legally authorized entitles.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the foregoing is true and correct.
2. That the North of the River Municipal Water District herein decides to participate in a
Groundwater Sustainability Agency which will include all or part of Kem Delta Water
District, the City of Bakersfield, ID4, and other local agencies, and which may also include
the parficipation of other legally authorized entities, and which shall have all the powers
granted to a groundwater sustainability agency pursuant to the Sustainable Groundwater
Management Act.
3. That the portion of the groundwater basin that the herein formed Groundwater
Sustainability Agency shall manage shall be that portion of the basin as stated in the
notification provided to the Department of Water Resources pursuant to California Water
Code section 10723.8, the map provided at the public hearing, and which boundary may
be modified from time to fime.
4. That the groundwater sustainability agency hereby created shall consider the interests of
all beneficial uses and users of groundwater, as well as those responsible for Implementing
groundwater sustainability plans, as required by California Water Code section 10723.2.
S. That the groundwater sustainability agency hereby created shall establish and maintain a
list of persons interested in receiving notices regarding plan preparation, meeting
announcements, and availability of draft plans, maps, and other relevant documents, as
required by California Water Code section 10723.4.
6. That the General Manager of North of the River Municipal Water District shall be authorized
to execute a memorandum of agreement or other legal agreement(s) with other kcal
agencies and legally authorized entities pursuant to Water Code section 10723.6(8), as
deemed appropriate by the General Manager, and may consent to the City of Bakersfield
or Kem Delta to provide notice to the California Department of Water Resources of the
decision of the North of the River Municipal Water District to participate In the above
referenced Groundwater Sustainability Agency.
7. Consistent with the Sustainable Groundwater Management Act and in particular Water
Code section 10720.5(b), the District's participation in the above- referenced Groundwater
Sustainability Agency shall not determine or alter in any manner the District's or its
constituents' surface water or groundwater rights or otherwise modify the District's powers
and authorities under applicable law.
Page 5-8
Exhibit 5 -B
PASSED AND ADOPTED at a regular meeting of the Board of Directors of the North of the River
Municipal Water District held on the 6th day of April 2016, by the following vote, to wit
AYES: Directors: Etcheverry, Tyack, Hupp, Barnes and Enos
NOES: None
ABSENT: None
ABSTAIN: None
ATTESTED:
i
Board Mary
Boa sident
Page 5 -9
Exhibit 5 -B
North of the River Municipal Water District
Notice of Public Hearing
Notice is hereby given pursuantto California Water Code Section 10723 (b) and California
Gov. Code Section 6066 that a Public Hearing with the North of the River Municipal Water
District ( "NOR') Board of Directors will be held on April 6, 2016 at 4:30 p.m. at 2836
McCray Street, Bakersfield, CA 93308. The purpose of the hearing is to hear public
comments regarding a proposed NOR Groundwater Sustainability Agency ( "GSA ") or
become a GSA under the Sustainable Groundwater Management Act of 2014 for certain
portions of the Kern County Sub -basin lying within the service area.
Page 5 -10
M 7�iZi�1��f�i7�71 C�7_� r [117.1
The BAKERSFIELD CALIFORNIAN
P.O. BOX 440
BAKERSFIELD, CA 93302
YOUNG WOOLRIDGE/LEGAL
1800 30TH AVE 4TH FLR
BAKERSFIELD, CA 93301
STATE OF CALIFORNIA
COUNTY OPKERN
I AM A CITIZEN OF THE UNITED STATES AND A RESIDENT
OF THE COUNTY AFORESAID: I AM OVER THE AGE OF
EIGHTEEN YEARS, AND NOT A PARTY TO OR INTERBSTED
IN THE ABOVE ENTITLED MATTER. I AM THE ASSISTANT
PRINCIPAL CLERK OF THE PRINTER OF THE BAKERSFIELD
CALIFORNIAN, A NEWSPAPER OF GENERAL CIRCULATION.
PRINTED AND PUBLISHED DAILY IN THE CITY OF
BAKERSFIELD COUNTY OF KERN,
Exhibit 5 -B
Ad Number:
14105292 PON: 1189633
Edition:
ITBC Ran Times 3
Class Code
Legal Natives
Start Date
3232016 Stop Dam 3/30/1016
Billing Lines
22 Inch" 132.92
Total Cost
$ 178.42 Account 1YOU09
Billing
YOUNG WOOLRIDOE/LHGAL
Address
1800 30TH AVE 4TH FLR
BAKERSFIELD,CA 93301
AND WHICH NEWSPAPER HAS BEEN ADJUDGED A
NEWSPAPER OF GENERAL CIRCULATION BY THE SUPERIOR
COURT OF THE COUNTY OF KERN, STATE OF CALIFORNIA,
UNDER DATE OF FEBRUARY 5,1952, CASE NUMBER 57610.
THAT THE NOTICE, OF WHICH THE ANNEXED IS A PRINTED
COPY, HAS BEEN PUBLISHED IN EACH REGULAR AND
ENTIRE ISSUE OF SAID NEWSPAPER
AND NOT IN ANY SUPPLEMENT THEREOF ON THE
FOLLOWING DATES, TO WIT. 323/16
3/30/16
I:14�I:K(�:1�illl?
1 CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY
THAT THE FOREGOING IS TRUE AND CORRECT.
DATFDATBAKERSFJELDC 1FOR A
3 V3 6 1 U
Solicitor I.D.: 0
FiralTmt
Ad Number 14105292
xolre oer11RLN,IgeeRyyxryppy.ROe
H[RIKRMIA9n KTBR
orsru'
Page 5 -11
EXHIBIT 6
LIST OF INTERESTED PARTIES
Pursuant to Water Code Section 10723.2: a groundwater sustainability agency (GSA) shall consider the
interests of all beneficial uses and users of groundwater, as well as those responsible for implementing
groundwater sustainability plans (GSPS). The list of interested parties presented below was developed
during the current GSA formation process. Many of the agencies identified below have already been
contacted by the City of Bakersfield, Kern Delta Water District, or the Kern County Water Agency
Improvement District No.4 or to coordinate the GSA planning process. The Interests of the agencies,
organizations, and Individuals identified below shall be considered during the development of the GSP
for the GSA.
(a) Holders of overlying groundwater rights including:
(1) Agricultural users
• Rosedale Ranch Improvement District
• Various landowners
A significant portion of the land located within the Kern River GSA boundary is used for
agricultural purposes. Kern District Water District maintains a landowner list and contact
information for such users within its service area boundaries. The GSA will maintain a
landowner list of all other such users, with contact information.
(2( Domestic well owners.
• Bear Mountain Truck Stop
• Cal Mat (Panama Lane Facility)
• Cemex Construction Materials Pacific LLC
• Countryside Market & Restaurants
• Delta Trading Water System
• Donnovan Bros. Golf
• Darrel's Mini Storage f166
• Farmer John Egg Ranch rig
• Golden Empire Concrete Company
• Grace Community Church Water System
• Harvest Steakhouse
• J.G. Boswell Company Water System
• Kern County Cemetery Association
• Kern Oil and Refining Company
• Kidz Kountry Preschool
Page 6 -1
• lakeside School
• Pinewood lake Homeowners Association
• Seven Oaks Country Club
• Stockdale Country Club
• Various private entities
There maybe additional domestic well owners located within the GSA boundary. The GSA
will maintain a list of such owners, with contact information.
(b) Municipal well operators.
• Ashe Water Company
• City of Bakersfield
• California Water Service Company
• East Niles Community Services District
• Greenfleld County Water District
• Kern County Water Agency, Improvement District No.4
• North of the River Mutual Water District
It is believed that this is the extent of the municipal well operators located partially or fully
within the GSA boundary. However, there may be other municipal well owners located
partially or fully within the GSA boundary. The GSAwill maintain a list of municipal well
operators with contact information.
(c) Public water systems.
• Ashe Water Company
• Athal Mutual Water System
• Bear Mountain RV Park Water System
• California Water Service Company
• Casa Loma Water Company
• East Niles Community Services District
• East Wilson Road Water Company
• El Adobe POA, Inc.
• Fuller Acres Mutual Water Company
• Gosford Road Water Company
• Greenfield County Water District
• North of the River Mutual Water District
• Oasis Property Owners Association
• Oildsle Mutual Water Company
• Old River Mutual Water Company
• Panama Road Property Owners Association
• Ski West Village Water System
Page 6 -2
• South Kern Mutual Water Company
• Stockdale Annex Mutual Water Company
• Stockdale Mutual Water Company
• Vaughn Water Company
• Wini Mutual Water Company
It is believed that this is the extent of the public water systems located partially or fully
within the GSA boundary. However, there maybe other public water systems located
partially or fully within the GSA boundary. The GSA will maintain a list of public water
systems with contact information.
(d) Local land use planning agencies.
• County of Kern
• Kern County Planning and Community Development Department
The City of Bakersfield Is also a local land use planning agency within the GSA boundary.
The City Manager's office, City Attorney, Community Development Department, and Water
Resources Department have been, and will continue to be, engaged In a coordinated effort
In the formation of this GSA, development of the subsequent GSP, and ongoing coordination
with other GSAs in the Kern River Subbasin with the goal of ensuring sustainability within
the Subbasin.
(e) Environmental users of groundwater.
• Panorama Vista Preserve
• Kern River Parkway Foundation
• City of Bakersfield
The City has developed the Kern River Flow and Municipal Water Program to restore
streani and increase groundwater recharge along the Kern River. The Program will
implement City- adopted plans and policies to enhance and protect the natural resources of
the Kern River through increasing river flows. Increased river flows provide benefits of
increased groundwater recharge, recreation, and habitat enhancement. The Program would
allow surplus water to flow down the Kern River channel seasonally and percolate to the
groundwater basin below. The City draws off of the recharged basin to support its municipal
water supply needs. The Kern River Flow and Municipal Water Program will be considered
In development of the GSP.
(f) Surface water users, if there is a hydrologic connection between surface and groundwater bodies.
• Buena Vista Water Storage District
• Rosedale -Rio Bravo Water Storage District
Page 6 -3
The City and Kern -Delta Water District own long- standing historic surface water rights and
supplies, and typically use such water supplies for deliveries to constituents (surface
deliveries and conjunctive use deliveries) within the their boundaries.
(g) The federal government including, but not limited to, the military and managers offederal lands.
• There are no known lands owned or operated by the federal government within the
GSA. If in the future such interests are discovered, they will be included as an Interested
Party.
(h) California Native American Tribes.
• There are no known lands owned or operated by California Native American Tribes
within the GSA. If In the future such interests are discovered, they will be included as an
interested party.
(i) Disadvantaged communities, including, but not limited to, those served by private domestic wells
or small community water systems.
• Calder's Corner
• Edison
• Greenfield
• Kern City
• Magunden
Exhibit 7 provides a list and map of the census tracts within the GSA boundary that meet the
definition of "disadvantaged community. "' The GIS data of the disadvantaged community
census tracts shown in the attached map were obtained from the CalEPA website.'
Q) Entities listed in Section 10917 that are monitoring and reporting groundwater elevations in all or
a part of a groundwater basin managed by the groundwater sustainability agency.'
'As defioed In Deslgnaaon of WSOdvantapeOCanmunnks Pursuant to Senate SWIMS (De Leon)
A" ilable:< ht tp:// www. Olepa.w.g" /EnvJugiee/GHGlnwst/O cumenwSB5350e m.pdf>. Accessed: January 26, 2016.
'Awllable.xWpy /www.ealepa.m.g /EnvJuWw /GHGlnwst/>. Accessed: January 26, 2016.
eWater Code Secfian IM27. My of the following entities may aswme ruMnsibilityfar monitodng and reportinggroundweter elevations in all
or a part of a basin or subbasin In accordance with this part:
(a) Awimannaster or water management engineerappointed by a court or pursuant to statute to administer a final judgment determining
rights to groundwater.
(b) (1) A groundwater management agency with statutory authority manage groundwater pursuant to its principal an that Is monitoring
groundwater elevations in all or a part of a groundwater basin or subbasin on or before January 1, 2010.
(2) A water replenishment dlstrid established pursuant to Division Ig (commencing with session 600)01. This part does not expand or
otherwise affect the authority of a water replenishment Would relating to monitoring groundwater elewtlons.
(3) A groundwater susta1nabllity agency with statutory amhorlty to manage groundwater pursuant to Part 2.74 jocr, mendng with section
10720).
(c) A local agency that Is managing all or part of a groundwater badn or subbasin pursuant to Pan 2.75 (commencing with SMIon 10750) and
that was monitoring groundwater eleye lone In all or a Part of a groundwater basin or subbasin on or before January 3, 2010, or a local agency
or county, that is managing all or pare of a groundwater basin or subbasin pursuant to any other Legally enforceable groundwater
management plan with prouldons that are subsbntlwry, similar to those described in that part and that was monitoring groundwater
elewtlons In all or a Pan of a groundwater basin or subbadn on or before January 3, 2010.
Page 6-4
• Kern Groundwater Authority
• Kern Water Bank Authority
• Arvin- Edison Water Storage District
• Deer Creek & Tule River Authority
• Kern County Water Agency Improvement District 4
• Kern - Tulare Water District
• North Kern Water Storage District
• Semitropic Water Storage District
• Shafter -Wasco Irrigation District
• Kern Fan Authority (which is a coalition consisting of the Kern -Delta Water District,
Buena Vista Water Storage District, Henry Miller Water District, and Rosedale -Rho Bravo
Water Storage District, and which was previously known as the Kern River Fan Group)
The City and Kern -Delta Water District also monitor and report groundwater elevations. Cal
Water, the City's operations and maintenance contractor, takes monthly groundwater
elevation readings for the City's domestic water wells. City staff also measures groundwater
levels in the City's Oicese Wells and in monitoring wells in the City's 2800 Acre Recharge
Facility. Kern Delta staff takes certain weekly, monthly, and bi- annual groundwater
elevation measurements throughout the District. Some of the bi- annual data is reported to
the Kern County Water Agency and some to the State of California through the California
Statewide Groundwater Elevation Monitoring (CASGEM) program.
The following are other interested parties that do not fit the various categories outlined in Water Code
§10723.2:
• Kern River Watershed Coalition Authority
All of the above interested parties will be considered in the operation of the GSA and the development
of the GSP.
id) A local agency that Is managing all or part one groundwater basin or wbbesin pursuant to an Integrate! regional water management plan
prepared pursuant to Part 2.2 (commencing with Section 10530) Mat includes a groundwater managemeMwmpmeM that wmplles with
the requirements of section 10753.7.
(e) A lots l agency that has been collecting and reporting groundwater elevations and that does not have an adopted groundwater
management plan, if the tool agency adopts a groundwater management plan In accomance with Part 2.75 lmmencing with Section
10750) by January 1, 2014. The department may authorize the local agency to conduct the monitoring and reporting ofgroundwater
elevations pursuant to this part an an Interim basis, until the 1001 agency adopts a groundwater management plan in accordance with Part
2.75 (commencing with Section 10750) or until January I, 2014, whlchever occurs Prot.
in A county that Is not managing all or a part of a groundwater basin or subbasin pursuantto a legally enforceable groundwater management
pion with providons that are substantively similar to those described In Part 2.75 lmmencing with Section 10750).
Ig) A wlunlary woperstive groundwater monitoring asmompw farmed pursuant to Section 10335.
Page 6 -5
Regional Coordination
Regional coordination is an Important component of forming this GSA and the subsequent GSP.
Currently, the Kern Groundwater Authority (KGA) has been engaging in public outreach, and both the
City of Bakersfield (City), Kern -Delta Water District (KDWD), and the Kern County Water Agency
Improvement District No. 4 (ID4) and have participated in this current outreach effort with the KGA. To
date, the KGA, has organized a number of regular meetings since April 2014 at which the City, KDWD,
and ID4 have participated. Prior to the KGA, the City also participated in regional coordination meetings
with the Kern Groundwater Management Committee (KGMC) since January 2012. These meetings with
the KGA and the KGMC included discussion of the SGMA and Kern County local compliance and
coordination efforts.
Continued Public Outreach
This GSA will conduct public outreach efforts to engage the public and interested parties listed above in
the ongoing effort to comply with SGMA and develop the GSP. It is the GSA's intent to hold additional
educational workshops in the future to keep the public and interested parties informed of the ongoing
GSP development efforts. We will plan workshops in the future before adoption of the GSP. Additional
future public outreach efforts may include forming a committee to oversee public outreach and
potentially developing a website to provide the public with current information regarding the GSA. The
purpose of these efforts would be to ensure a clear communication path with the public and interested
parties to keep them informed regarding the progress of the GSA and GSP.
The Kern River GSA will consider the interests of all of the foregoing beneficial uses and users of
groundwater, as well as those responsible for implementing GSPs. In this effort, the District will (1)
continue to meet with the KGA and its members, (2) meet with other local GSAs that may be formed
and endeavor to coordinate with such agencies pursuant to §§ 10727 and 10727.6, (3) have open and
public meetings of the Kern River GSA members' Board of Directors, and (4) solicit feedback in the
adoption of Its GSP and any subsequent amendments. In addition to the foregoing, and pursuant to
Water Code §10727.8, prior to Initiating the development of a GSP, the Kern River GSA will make
available to the public and DWR a written statement describing the manner in which interested parties
may participate in the development and Implementation of the GSP. The Kern River GSA will encourage
the active involvement of diverse social, cultural, and economic elements of the population within that
portion of the groundwater basin to be managed by the Kern River GSA. For these purposes, Interested
parties will Include entities listed in Water Code §10927 that are monitoring and reporting groundwater
elevations in all or a part of the groundwater basin that Is managed by the Kern River GSA.
Furthermore, and pursuant to Water Code §10728.4, the Kern River GSA will adopt or amend Its GSP only
after a public hearing, held at least 90 days after providing notice to any city or county within the area of
the proposed plan or amendment. The Kern River GSA will also review and consider comments from any
city or county that receives notice pursuant to the above - referenced Water Code section and will consult
with a city or county that requests consultation within 30 days of receipt of the notice.
Page 6 -6
EXHIBIT 7
DISADVANTAGED COMMUNITIES (DAC) IN KERN RIVER GSA
INCLUDING:
(A) LIST OF DACS
(B) MAP OF DACS
Page 7 -1
(A) DACs Listed by Census Tract within the Kern River GSA Boundary
GEOID`
Trod Name'
Populations
Nearest Zip Code
3113
Census Tract 31.13
5298
93307
3112
Census Tract 31.12
5658
93313
2900
Census Tract 29
6787
93309
0300
Census Tract
4381
93308
0200
Census Tract
7957
93308
3206
Census Tract 32.06
13845
93307
2812
Census Tract 28.12
5581
93309
6201
Census Tract 62.01
3244
93203
0400
Census Tract
4495
93301
0507
Census Tract 5.07
3703
93309
0600
Census Tract
6453
93301
0904
Census Tract 9.04
4402
93306
0903
Census Tract 9.03
4150
93306
0905
Census Tract 9.05
2553
93306
0906
Census Tract 9.06
3881
93306
3115
Census Tract 31.15
5954
93307
3114
Census Tract 31.14
7430
93313
3122
Census Tract 31.22
8612
93307
3121
Census Tract 31.21
8136
93307
1103
Census Tract 11.03
5588
93307
1201
Census Tract 12.01
3269
93305
1202
Census Tract 12.02
5864
93305
1500
Census Tract 15
2682
93307
1400
Census Tract 14
8745
93305
1300
Census Tract 13
7205
93305
1600
Census Tract 16
1580
93307
2200
Census Tract 22
5804
93307
1700
Census Tract 17
4088
93309
2100
Census Tract 21
3372
93307
1902
Census Tract 19.02
4958
93301
1901
Census Tract 19.01
3786
93309
1801
Census Tract 18.01
6251
93309
2302
Census Tract 23.02
3444
93307
2301
Census Tract 23.01
10255
93307
3700
Census Tract 37
3806
93206
6202
Census Tract 62.02
6887
93243
3103
Census Tract 31.03
3810
93307
2000
Census Tract 20
7529
93307
2600
Census Tract 26
3500
93307
2700
Census Tract 27
6152
93309
2500
Census Tract 25
8592
93307
Page 7 -2
GEOID'
Tract Name
Populations
Nearest Zip Code
2400
Census Tract 24
8470
93307
3000
Census Tract 30
8119
93307
3202
Census Tract 32.02
17216
93307
2813
Census Tract 28.13
4327
93309
2815
Census Tract 28.15
4918
93309
2814
Census Tract 28.14
4306
93309
2816
Census Tract 28.16
6119
93309
0101
Census Tract 1.01
12616
93308
6303
Census Tract 63.03
6768
93203
6404
Census Tract 64.04
3318
93241
6403
Census Tract 64.03
6513
93241
1000
Census Tract 10
10276
93307
6401
Census Tract 64.01
8698
93241
1102
Census Tract 11.02
6496
93307
1101
Census Tract 11.01
4413
93307
Notes:
'Partial U.S. Census GEOID. Each full GEOID begins with 0602900 followed by the partial GEOID shown
in the table. For example, partial GEOID 3112 has a full U.S. Census GEOID of 06029003112.
'GSA boundary Includes all or part of the aerial extent of each census tract.
'GSA boundary includes all or part of the population for each census tract.
Page 7 -3
(B) Map of DACs Identified by Census Tract within the Kern River GSA Boundary
GSA Boundary
Q Disadvantaged Communities ° s
M les h
0
GK Sources. US Census I'
ESRI SWme: Esd. DIOIIaCG W, G.Eye. Eanhgar G Wraphcs
Page 73