HomeMy WebLinkAboutKERN COUNTY PARTICIPATION 8/4/16Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
1115 Truxtun Avenue, 5th Floor
Bakersfield, CA 93301
August 4, 2016
Re: Kern River Groundwater Sustainability Agency (KRGSA)
County Participation Agreement
Dear Chairman Gleason and Supervisors:
We appreciate your prompt response to the points raised in our letter of July 12, 2016. Your
response dated July 20, 2016 which was transmitted via the Kern County Counsel's office reflects
substantial agreement on most issues. Accordingly, we look forward to a swift resolution of the present
overlap preventing acceptance of the KRGSA as an area of exclusive jurisdiction under the Sustainable
Groundwater Management Act (SGMA).
Based on our respective letters, it is clear that the County wants to have "meaningful
participation" in the development, review and adoption of this entity's Groundwater Sustainability Plan
(GSP). It would appear that such meaningful participation could take one of two forms, namely: (1) the
County could become a full- fledged voting member of the KRGSA subject to all attendant duties,
responsibilities and financial obligations; or (2) the County could join the KRGSA as an "additional
agency" designating that portion of the lands under its jurisdiction which it wishes to include within the
GSA's boundaries ( "white lands "). Implementation would involve the following:
Voting Membership In KRGSA:
a. On March 30, 2016 the Kern Delta Water District (Kern Delta), Improvement District No.
4 of the Kern County Water Agency (04), and the City of Bakersfield (City) entered Into Agreement No.
16-048 entitled "Memorandum of Understanding Forming the Kern River Groundwater Sustainability
Agency" (MOU) (copy attached). These three entities currently constitute the "Parties" (i.e., voting
members) of the KRGSA. As provided in Paragraph 9, the MOU may be amended by unanimous consent
of these Parties. If this option is chosen, the Parties would amend the MOU to add the County as voting
member.
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
August 4, 2016
Page 2 of 4
b. The decision - making process for the KRGSA is covered in Paragraph 5 of the MOU which
would remain unchanged. Paragraph 5 provides:
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.
C. At a meeting held June 2, 2016 the KRGSA adopted Bylaws for the governance of the
entity (copy attached). County participation in the KRGSA would be subject to the terms and provisions
of the existing MOU and adopted Bylaws. Among other things, the Bylaws provide for cost - sharing
among members on an equal basis unless otherwise agreed (see Article V, Section 2). As of August 4,
2016, a cash call of $50,000 per party has been authorized.
d. Consistent with Paragraphs 6.4 and 6.5 of the MOU, the County will be responsible for
implementing the GSP in those white lands added to the KRGSA boundaries.
e. All other issues addressed in our respective letters will be addressed and resolved
through the normal decision - making process outlined in the MOU.
Non - Voting. "Additional Agency" Status in Kern River GSA:
a. Like East Niles Community Services District and North of the River Municipal Water
District, the County is recognized to be an entity eligible to form its own GSA over lands where it has
exclusive jurisdiction. As such, the County could join the KRGSA as an "additional agency" pursuant to
Paragraph 3 of the MOU. If it chooses this course the County should (i) identify the lands to be included
Within the KRGSA and, if approved by the Parties, (ii) adopt a resolution including such lands within the
KRGSA, and (iii) sign Exhibit C -1 to the MOU. Under these circumstances, the County would be
considered a non - voting, "additional agency'.
b. Concurrent with such action the following assurances would be provided by amendment
to the MOU or by separate 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. Indemnification would be on a case by case basis.
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
August 4, 2016
Page 3 of 4
(2) Land Use Powers: The KRGSA and its participants agree, and the GSP will
provide, that nothing in the GSP or any actions taken by the KRGSA, shall
modify, limit, or preempt the County's police powers, including its land use
authority. On the other hand, the County does not intend to designate or zone
a specific project with an expectation that the KRGSA will provide more water
allotment than that which is determined by the GSP allotment and policies.
(3) White Lands: The KRGSA will manage white lands included within its boundaries
if requested to do so by the County.
(4) Well Permits: Well permitting is under the County's jurisdiction and should
remain so. The KRGSA has no intention of transforming the well - permitting
process from a ministerial function (which does not trigger CEOA) to a
discretionary function (which triggers CEOA) without prior consultation with the
County.
(5) Water Transfers: Water transfers within the basin are essential to economic
stability and future development opportunities. The KRGSA will consider this
position when assessing its water transfer policy in the GSP. Further, the KRGSA
does not intend to restrict use of water within its boundaries to a specific use.
(6) Unincorporated Communities: The needs and water resources of
unincorporated communities will be considered and addressed in the GSP.
(7) IPA v. MOU: It is understood that the development and implementation of the
GSP does not require the joint exercise of powers among the Parties and,
therefore, formation of a JPA is unnecessary. The Parties will form a 1PA if and
to the extent legally mandated.
(8) Kern River GSA Voting: The KRGSA will ensure that all additional agencies
(including the County) will have a continuous opportunity to participate in the
preparation, review, and adoption of the GSP. The term "participate" in this
context means access to all non - privileged drafts, reports, technical information,
and other materials and communications, and an ability to be actively engaged
in all open meetings related to the preparation, review, and adoption of the
GSP. "Actively engaged" means as a signatory to the MOU (i.e., an "additional
agency') and more than as a member of the general public.
(9) Oil & Gas: The KRGSA will cooperate with the County, the oil and gas industry,
and the State Department of Water Resources to preserve and protect available
water supplies. Additionally, the GSP may incorporate current adopted
mitigation measures found in the Oil and Gas Environmental Impact Report
approved by the Board of Supervisors as a means to address best management
practices and related GSA oil and gas concerns.
Honorable Mick Gleason, Chairman
Kern County Board of Supervisors
August 4, 2016
Page 4 of 4
We trust that this response will provide the basis for agreement among the County and KRGSA
participants. If so, please identify the option which best suits the County's interests and we will prepare
the necessary documentation. Thank you for your cooperation.
Very truly yours,
KERN RIVER GROUNWAT NABILITY AGENCY
By:
Rodney Palla, Chairman
By:
Harold Hanso/n,,JBo d7MMeem er
By, `ir •
Gene Lundquist, Board Membe
cc: Kern Delta Water District
Kern County Water Agency Improvement District No. 4
City of Bakersfield
Members of the Kern County Board of Supervisors
John Nilon, County Administrator
Alan Christensen, Chief Deputy Administrative Officer
Theresa A. Goldner, County Counsel