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HomeMy WebLinkAboutAGRMT NO KRGSA16-003MEMORANDUM OF UNDERSTANDING RE PARTICIPATION IN KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY Kern County Agt.# l:3 -aof Agreement No.%I&T i _ j Approved �&��� THIS MEMORANDUM OF UNDERSTANDING is made as of Mr. 6 6 2016 (Effective Date) by and among the County of Kern (County) and the Kern River Groundwater Sustainability Agency (KRGSA), collectively the "Parties", each of whom agree as follows: RECITALS A. On or about March 30, 2016, certain entities entered into Agreement 16-048 entitled "Memorandum of Understanding Forming the Kern River Groundwater Sustainability Agency" (MOU). B. On or about April 12, 2016, the KRGSA filed a notice of determination to become a GSA with the Department of Water Resources (DW R), which notice was posted by DWR on April 21, 2016. C. On or about July 20, 2016, the County filed a notice of determination to become a GSA which created an overlap with the KRGSA causing both notices to be suspended pending resolution of the overlap. D. The Parties now desire to resolve the overlap by (1) having the County withdraw its notice of determination to become a GSA with respect to lands within the boundaries of the proposed KRGSA and (ii) having the County join the KRGSA as a non-voting "additional entity", all upon the terms and conditions hereinafter stated. MEMORANDUM 1. County agrees to withdraw its notice of determination to become a GSA with respect to lands within the boundaries of the proposed KRGSA. 2. County has jurisdiction over certain lands within the Kern County Sub -basin which the County may wish to designate for inclusion within the boundaries of the KRGSA. The KRGSA will consider inclusion within the boundaries of the KRGSA of the lands designated by the County and, if included, such lands shall be subject to the MOU, the KRGSA Bylaws, and any rules or regulations of the KRGSA heretofore or hereafter adopted or amended. 3. County hereby commits to participate in the KRGSA as a non-voting "additional entity'. County participation as a non-voting "additional entity" is conditioned on the following assurances provided by the KRGSA: a. 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 shall indemnify the County against liability for the exercise of its police powers. b. 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 NAL AGENCY ORIGI 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. C. White Lands: The KRGSA will manage "white lands" included within its boundaries if requested to do so by the County. d. Well Permits: Well permitting is under the County's jurisdiction and should remain so. The KRGSA will not transform 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. If the GSP or the KRGSA shall cause CEQA to be triggered with respect to well permitting. KRGSA shall indemnify County against liability, costs and attorney's fees awarded to petitioner(s) in any CEQA challenge to well permitting. e. Water Transfers: Water transfers within the basin are essentialto 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. f. Unincorporated Communities: The needs and water resources of unincorporated communities will be considered and addressed in the GSP. g. JPA 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 JPA if and to the extent legally mandated. h. Participation: 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. i.• 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. APPROVED AS TO CONTENT: COUNTY OF KERN By: MICK GL , Board Chair DEC 0 6 2016 APPROVED AS TO FORM Office of Cou Counsel By e n APPROVED AS TO CONTENT: KERN RIVER GROU STAINABILITY AGENCY By: RO�DDNEEEYYpALTA, Board Chair DATE: Z AGENCY ORIGINAL rap l.J Kern County Administrative Office County Administrative Center 1115 Truxtun Avenue, Fifth Floor • Bakersfield, CA 93301-4639 RYAN 1. ALSOP Telephone 661-868-3198 • FAX 661-868-3190 • TTY Relay 800-735-2929 1WCounty Administrative Officer June 4, 2019 Kern River GSA City Hall North 1600 Truxton Ave Bakersfield, CA Dear Board Members, CITY OF BAKERSFIELD JUN - 6 2019 CITY CLERK'S OFFICE It has come to our attention that the Kern River Groundwater Sustainability Agency (KRGSA) is able and willing to perform groundwater management functions associated with the Sustainable Groundwater Management Act (SGMA) for non -districted areas (white lands) within the boundaries of the KRGSA. Paragraph 3.c. of the December 6, 2016 Memorandum of Understanding between the County of Kern and the KRGSA states: "White Lands: The KRGSA will manage "white lands" included within its boundaries if requested to do so by the County." Therefore, the County requests that KRGSA manage and monitor the small unincorporated County islands within the KRGSA boundaries. Your assistance in this matter is appreciated. Sincerely, v v� Alan Christensen Chief Deputy CAO Cc: Mark Mulkay, Kern Delta Water District Art Chiarello, City of Bakersfield Dave Beard, Improvement District #4