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Home My WebLink AboutNOTICE 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 0 o u a 0 N -+EE s 0 4 8 Miles Q KRGSA Adop4tl Bountlery age - — FOR OFFICIAL USE ONLY — Exhibit 1 -B Kern River Groundwater Sustainability Agency (GSA) Adopted GSA Boundary Within Subbasin 5 -22.14 of the Tulare Lake Hydrologic Region 10A�\ 5 -22.12 / 5 -22.13 „, 5 -22.14 Kern County Subbasin -, '\ ; -A N .Inn III, W +E as III IIJP I.. �I. Ii 1, II .III lip 1. f IP i.lu � 0 is 30 Miles - Kern River GSA Boundary Kern County Boundary Subbasin Boundary Me — FOR OFFICIAL USE ONLY -- Exhibit 1 -C Kern River Groundwater Sustainability Agency (GSA) Adopted Boundary with Service Areas 0 t�D NOWOMWC 8 IMPROVEMENT DISTRICT NO.4 EW NILES. ..;aw KERN DELTA WD O KRGSA Adopted Boundary N o o I I A I Bakenflald City Limits A East Niles CSD Boundary Kern Delta WD Boundary Improvement District No. 4 Boundary G 4 8 Miles '4; North of the River (OMWC) Boundary age 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 0 U ° e 0 s Legend ° 4 8 Men KRGSA Fiml Boundary 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 0 °C A s� e °t. o _ n Legend 0 4 B Mlles _ KRnSA Final Boundary age 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 amltf4M1e81Nm+9' aonrsnlmeYtlslXitrap� ,raa.rw.,am:..ar. lar]aat nn OIa1wA,faYECnIaIYC.nb11. mTMIwWMl, alley keb, almrmaueoneaaemr.,.inwl mmw ns.,.nu,nan.,rm ,rr.raes,.ee.ruvarww,rseuw bi..,po.a....rrr srKIM, awe a. mu,n r. �in�ai�an. im i. r�m ,M w.�pr .bn,nN r .,Mn iai m�pm,. .. z.ar.aew, yr a .Y ms.a. a.nu.e. r..we . mp:m aiu mmia W n.n.. rouu ,. �n, .emml,n .w; ,ua i .emaum.�an.�.m � n , = re mi. 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 N1111(fpYNIBIICp[ARI pleh oi1ryC I)t nIR &Mrtpel4,ni f, 11MOn Ct eh o11 I M i.u...11 Y 16.2J. 301n M 3 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 CALIFORNIAN, A NEWSPAPER OF GENERAL CIRCULATION, rCNWUvW+ L ,AmmlAwmmmnnme +r:Nlrn,.n�a,:Il n:::w,.Naman.. PRINTED AND PUBLISH 1h"b°°'MVC^... nmAyorvomm,l: „.Inln umxmnu�w,iln...wN.l. ED DAILY IN CITY OF uun„wm wPaeemaml�wl,+m,,m. nvnln a„uronean bo-n ..c,::a 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 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 — tuc�wi>Jwuu. mxu °Ilbv dryuflwam nl D:mmn xvnnraneeeii unreernxc aFn1b MR MMIN WULD A111NCY IOIW mall,,. N?mM o,wWlc xRARRAD lUMnIN DYAEb)NIDIM(DWA GMUND W AUD SMAI NAOIIRY Avak __ L lutlnw Lll�Un¢.!n'rtmryn(II¢lMianlol Ubn'Innull4exnnli:mllr Wnp Ay n:,cmn,rmxn,isnvmLluumla. u:�l�mb, o-mylwl nm mn:..mym InlNnrmpn�'e Ip'IILnImJylitpylN , alM ¢ mnANby UImYn, 911du, rvv YUlYyamtlul:l aMq�NOy J al:I; rl Ulmnnnal ninmwlmenl:Nlxm:ill:k lfilbilaJolNmL . ]1114, L)IMldlnwlnx :nit uwll: Noa�IN .IssLM1111M.11a(n14W.Crn:wnJ pa(t Alvill: Wnlx 11�� [lary �IMenaNOrDl.. a111v1ivminmlp Wam A(my B¢�ilulllwNe.Dr. r MAx1911 / N III I4 I'ID, °” Page 3-4 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 NoMWITNESSmyMKh eltlde3l_doYdQO(�I p�y OeSOrS. CSy CIeM T'� 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 9N BMW �3 n a NaRiaNxc AM r,. Rf"OVIRAIEWDOTRICTN0.4 �4 r r s r= •.t l ID3W 0ERA N0 n APgO KRDOAFINIBoundnvy N: KM Dale WD Boundary A '. kWm"mwd WHO NO.4 Bouno,0 Ewl Kibu COD Bounftoy 0 0 8 WIN 0 Nodal old* Rk r (om%WC) Bmmdei'V rapt �r-aa 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 l B a E ii "s �u.�l�l �. p F T i nin 11 \ l Fq / � I - I I ii r ' I 1 I i I " al � � °'s- � ' _ 90rr�1 )�NNNN29'i,83NiNhAnP�}Jnn� 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 1 IU21 usraa.es wuaumm CMxj auras aana orruwcxuuxc �.��n,ilvmmw°nu�le'r i'ieu e`�eo��w;one:: wis�e�. y.mmrmaxaa�.me eor"xex a.m.nxown ".nl m,m. :uUmlXMmllx'UatlR lu ibev "mtlnnolTim,liV. qu6WObIM � ��4 -m on MOiMeY �ash2L 3016. Dutlyi�e M1n"iyL,n,pLL 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