HomeMy WebLinkAboutKERN COUNTY GSA 7/12/16`o •
RECEIVE AND PLACE ON FILE
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KERN RIVER GSA
July 12, 2016
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
1115 Truxtun Avenue, 5th Floor
Bakersfield, CA 93301
Re: Kern County GSA
Dear Chairman Gleason and Supervisors:
Rodney J. Palla, Chair
Harold Hanson
Gene Lundquist
As you know, representatives of the KRGSA have met with multiple Supervisors
and /or your staff members to discuss what can be done to avoid the County
"filing over" the KRGSA on July 19th. These discussions have been beneficial and
it seems that the issues of concern have been narrowed to a point of agreement
in concept on many, If not all the Issues. On behalf of the KRGSA, I have outlined
below the following Concept Principles in an attempt to reach an agreement
with the County:
1. Indemnification - If the County is asked by the KRGSA to use the
County's Police Powers for a specific purpose for the KRGSA, then the
KRGSA would indemnify the County. If the County is part of the KRGSA
as a voting member, then the KRGSA would not indemnify the
County. Indemnification can be on a case by case basis.
2. Land Use Powers - We understand the County does not intend to zone
a specific project and then expect the KRGSA to provide more water
allotment to the project than the groundwater available on a per acre
basis, which will be determined by the GSP. Likewise, the KRGSA does
not intend to restrict use of water within Its boundaries to a specific use,
i.e. Ag Use only.
3. White Lands -We understand that the County feels an obligation to the
undistricted areas in the County. The KRGSA is willing to work with the
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
Re: Kern County GSA
July 12, 2016
Page 2
County in regards to administering such areas (known as "white lands ")
that are within a reasonable proximity to the KRGSA at the County's
request.
4. Well Permits - KRGSA agrees that well permitting is under the County's
jurisdiction and should remain so.
5. Water Transfers - KRGSA recognizes that this is an issue and it will be
addressed at the GSP stage.
6. Protection of average citizen i.e., Pumpkin Center, Lamont etc. - Kern
Delta has reached out to Lamont several times, including contacts with
Supervisor Perez, to help deal with some of its water supply issues.
7. JPA vs MOA - There seems to be differing opinions on whether an
Agreement between the KRGSA and the County should be in the form
of a Memorandum of Agreement or a Joint Powers Agreement. It is the
desire of the KRGSA to move forward with the GSA process and while
either of the two documents will work, we do not see the need for a Joint
Powers Authority (not to be confused with a Joint Powers Agreement)
since there does not intend to be a joint exercise of powers.
8. KRGSA voting - KRGSA is willing to discuss a County vote if the County
commits to paying a pro -rata share of the GSA cost, designates a
Supervisor to attend Board meetings, and directs appropriate county
staff, including County Counsel, to attend the multiple GSA meetings
expected each month.
9. Oil and Gas - KRGSA acknowledges the importance of the Oil Industry
in Kern County and will work with the County to develop guidelines as
to the Oil and Gas Industry's role in the SGMA process.
IO.Solving the July 19th deadline - It is important for the County to realize
that all of the Water Districts in the County are watching this very closely.
The KRGSA thinks it is in the County's best interest to resolve these issues
with the KRGSA sooner rather than later. This will show that the County
has concerns and is willing to work through these concerns with future
GSAs in a diligent manner. This will pay dividends many times over with
the various GSAs that will be forming in the future.
While there may be other issues that need to be discussed, we think it is important
to communicate to the County that we are committed to trying to come to a
written understanding prior to July 19, 2016. We hope that your intent is similar and
kindly ask that you provide direction to your staff to draft the appropriate
0 0
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
Re: Kern County GSA
July 12, 2016
Page 3
document that best reflects the above concepts in order to avoid overlap, which
will only complicate the situation and harm both of our entities.
KRGSA is willing to schedule special meetings in order to review and take action
on any such proposal(s) submitted by the County and, as Chairman of the KRGSA,
I am willing to make myself available to meet with any of you to discuss this
situation.
Very truly y�sur "
RODNEY PALLA
KRGSA Chair
cc: Alan Christensen
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