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HomeMy WebLinkAboutKERN COUNTY PARTICIPATION 8/4/16Honorable Mick Gleason, Chairman Kern County Board of Supervisors 1115 Truxtun Avenue, 5th Floor Bakersfield, CA 93301 August 4, 2016 Re: Kern River Groundwater Sustainability Agency (KRGSA) County Participation Agreement Dear Chairman Gleason and Supervisors: We appreciate your prompt response to the points raised in our letter of July 12, 2016. Your response dated July 20, 2016 which was transmitted via the Kern County Counsel's office reflects substantial agreement on most issues. Accordingly, we look forward to a swift resolution of the present overlap preventing acceptance of the KRGSA as an area of exclusive jurisdiction under the Sustainable Groundwater Management Act (SGMA). Based on our respective letters, it is clear that the County wants to have "meaningful participation" in the development, review and adoption of this entity's Groundwater Sustainability Plan (GSP). It would appear that such meaningful participation could take one of two forms, namely: (1) the County could become a full- fledged voting member of the KRGSA subject to all attendant duties, responsibilities and financial obligations; or (2) the County could join the KRGSA as an "additional agency" designating that portion of the lands under its jurisdiction which it wishes to include within the GSA's boundaries ( "white lands "). Implementation would involve the following: Voting Membership In KRGSA: a. On March 30, 2016 the Kern Delta Water District (Kern Delta), Improvement District No. 4 of the Kern County Water Agency (04), and the City of Bakersfield (City) entered Into Agreement No. 16-048 entitled "Memorandum of Understanding Forming the Kern River Groundwater Sustainability Agency" (MOU) (copy attached). These three entities currently constitute the "Parties" (i.e., voting members) of the KRGSA. As provided in Paragraph 9, the MOU may be amended by unanimous consent of these Parties. If this option is chosen, the Parties would amend the MOU to add the County as voting member. Honorable Mick Gleason, Chairman Kern County Board of Supervisors August 4, 2016 Page 2 of 4 b. The decision - making process for the KRGSA is covered in Paragraph 5 of the MOU which would remain unchanged. Paragraph 5 provides: 5.1 With the exceptions noted herein, it is the intent of the Parties that all actions undertaken by the KRGSA are done by unanimous consent of the Parties; however, if unanimous consent is not possible, a majority vote of the Parties is required. 5.2 In the event of an impasse or disagreement, the Parties shall use their best efforts to find a mutually agreeable result. To this effect, the Parties shall consult and negotiate with each other in good faith in an attempt to reach a solution that is mutually satisfactory. If the Parties do not reach a solution, then the matter shall be submitted to non - binding arbitration or mediation within a reasonable period of time. C. At a meeting held June 2, 2016 the KRGSA adopted Bylaws for the governance of the entity (copy attached). County participation in the KRGSA would be subject to the terms and provisions of the existing MOU and adopted Bylaws. Among other things, the Bylaws provide for cost - sharing among members on an equal basis unless otherwise agreed (see Article V, Section 2). As of August 4, 2016, a cash call of $50,000 per party has been authorized. d. Consistent with Paragraphs 6.4 and 6.5 of the MOU, the County will be responsible for implementing the GSP in those white lands added to the KRGSA boundaries. e. All other issues addressed in our respective letters will be addressed and resolved through the normal decision - making process outlined in the MOU. Non - Voting. "Additional Agency" Status in Kern River GSA: a. Like East Niles Community Services District and North of the River Municipal Water District, the County is recognized to be an entity eligible to form its own GSA over lands where it has exclusive jurisdiction. As such, the County could join the KRGSA as an "additional agency" pursuant to Paragraph 3 of the MOU. If it chooses this course the County should (i) identify the lands to be included Within the KRGSA and, if approved by the Parties, (ii) adopt a resolution including such lands within the KRGSA, and (iii) sign Exhibit C -1 to the MOU. Under these circumstances, the County would be considered a non - voting, "additional agency'. b. Concurrent with such action the following assurances would be provided by amendment to the MOU or by separate agreement with the County. (1) Indemnification: If the County is asked by the KRGSA to use the County's police powers for a specific purpose for the KRGSA, then the KRGSA would indemnify the County. Indemnification would be on a case by case basis. Honorable Mick Gleason, Chairman Kern County Board of Supervisors August 4, 2016 Page 3 of 4 (2) Land Use Powers: The KRGSA and its participants agree, and the GSP will provide, that nothing in the GSP or any actions taken by the KRGSA, shall modify, limit, or preempt the County's police powers, including its land use authority. On the other hand, the County does not intend to designate or zone a specific project with an expectation that the KRGSA will provide more water allotment than that which is determined by the GSP allotment and policies. (3) White Lands: The KRGSA will manage white lands included within its boundaries if requested to do so by the County. (4) Well Permits: Well permitting is under the County's jurisdiction and should remain so. The KRGSA has no intention of transforming the well - permitting process from a ministerial function (which does not trigger CEOA) to a discretionary function (which triggers CEOA) without prior consultation with the County. (5) Water Transfers: Water transfers within the basin are essential to economic stability and future development opportunities. The KRGSA will consider this position when assessing its water transfer policy in the GSP. Further, the KRGSA does not intend to restrict use of water within its boundaries to a specific use. (6) Unincorporated Communities: The needs and water resources of unincorporated communities will be considered and addressed in the GSP. (7) IPA v. MOU: It is understood that the development and implementation of the GSP does not require the joint exercise of powers among the Parties and, therefore, formation of a JPA is unnecessary. The Parties will form a 1PA if and to the extent legally mandated. (8) Kern River GSA Voting: The KRGSA will ensure that all additional agencies (including the County) will have a continuous opportunity to participate in the preparation, review, and adoption of the GSP. The term "participate" in this context means access to all non - privileged drafts, reports, technical information, and other materials and communications, and an ability to be actively engaged in all open meetings related to the preparation, review, and adoption of the GSP. "Actively engaged" means as a signatory to the MOU (i.e., an "additional agency') and more than as a member of the general public. (9) Oil & Gas: The KRGSA will cooperate with the County, the oil and gas industry, and the State Department of Water Resources to preserve and protect available water supplies. Additionally, the GSP may incorporate current adopted mitigation measures found in the Oil and Gas Environmental Impact Report approved by the Board of Supervisors as a means to address best management practices and related GSA oil and gas concerns. Honorable Mick Gleason, Chairman Kern County Board of Supervisors August 4, 2016 Page 4 of 4 We trust that this response will provide the basis for agreement among the County and KRGSA participants. If so, please identify the option which best suits the County's interests and we will prepare the necessary documentation. Thank you for your cooperation. Very truly yours, KERN RIVER GROUNWAT NABILITY AGENCY By: Rodney Palla, Chairman By: Harold Hanso/n,,JBo d7MMeem er By, `ir • Gene Lundquist, Board Membe cc: Kern Delta Water District Kern County Water Agency Improvement District No. 4 City of Bakersfield Members of the Kern County Board of Supervisors John Nilon, County Administrator Alan Christensen, Chief Deputy Administrative Officer Theresa A. Goldner, County Counsel