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