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HomeMy WebLinkAboutAGRMT NO KRGSA 19-002KRGSA 19-002 MEMORANDUM OF UNDERSTANDING FOR DEVELOPMENT AND IMPLEMENTATION OF A GROUNDWATER SUSTAINABILITY PLAN This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on " IY-?O by and between the Kern River Groundwater Sustainability Agency ("KRGSA") and Greenfield County Water District a Groundwater Sustainability Agency ("Greenfield"), each a "Party" and collectively the "Parties." WHEREAS, the KRGSA was formed pursuant to a Memorandum of Understanding ("KRGSA MOV') by and between the City of Bakersfield, Kern Delta Water District, and Kern County Water Agency on behalf of its Improvement District No. 4 ("KRGSA MOU Parties") and is the exclusive groundwater sustainability agency for a portion of the Kern Subbasin (Department of Water Resources basin # 5-022.14); and WHEREAS, the KRGSA has retained one or more consultants to prepare a groundwater sustainability plan ("GSP") for the area within the KRGSA boundaries ("KRGSA GSP") pursuant to the Sustainable Groundwater Management Act ("SGMA"); and WHEREAS, Greenfield is also an exclusive groundwater sustainability agency for a portion of the Kern Subbasin (Department of Water Resources basin # 5-022.14); and WHEREAS, the entirety of the geographic area encompassed by Greenfield's boundaries is encircled by the KRGSA's boundaries; and WHEREAS, Greenfield has requested to participate in and coordinate with the KRGSA in the preparation and implementation of the KRGSA GSP with the intent that the KRGSA GSP will include both KRGSA and Greenfield lands; and WHEREAS, KRGSA is willing to allow Greenfield to participate in the preparation and implementation of the KRGSA GSP upon the terms and conditions hereinafter stated. NOW, THEREFORE, incorporating the above recitals herein, it is mutually understood and agreed as follows: EXPANDED KRGSA GROUNDWATER SUSTAINABH,ITY PLAN: 1.1 The KRGSA will continue with the preparation of the KRGSA GSP, and will expand such GSP to include the area located within the existing Greenfield GSA boundaries ("Greenfield GSA Area"), as depicted on Exhibit A, and as such area may be amended from time to time. Greenfield will timely provide all necessary information and data to the KRGSA and its consultants, and cooperate in the preparation of such GSP. DUPLICATE I1 P,iIACFNCY ORIGINALORIGINAL 1.2 Outreach activities undertaken in the preparation and adoption of the KRGSA GSP shall include those persons or entities designated by Greenfield as "interested parties" under SGMA. 1.3 All KRGSA GSP preparation, maintenance, and updating costs attributable to inclusion of the Greenfield GSA Area (including but not limited to plan preparation, modeling, and outreach costs) shall be paid by Greenfield, such costs to be allocated between Greenfield and KRGSA on a per -acre basis (Greenfield GSA gross acreage area in relation to the entire KRGSA gross acreage area). Payment shall be due upon invoicing and payable within thirty (30) days thereof. 1.4 Greenfield shall have timely 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, adoption, and implementation of the KRGSA GSP. 1.5 Adoption of the KRGSA GSP shall be determined by the KRGSA MOU Parties, pursuant to the KRGSA MOU. Greenfield shall separately consider whether to adopt the KRGSA GSP. 1.6 Greenfield is responsible for implementing the KRGSA GSP within the Greenfield GSA Area. The KRGSA is responsible for implementing the KRGSA GSP within its Area. 2. DECISION-MAKING PROCESS: All actions and decisions regarding KRGSA GSP preparation and adoption shall be made by KRGSA MOU Parties, pursuant to the KRGSA MOU. This MOU shall at no time be construed to modify, alter, or amend the KRGSA MOU. GROUNDWATER SUSTAINABILTY PLAN COORDINATION: The KRGSA GSP shall be coordinated with other Kern County Basin groundwater sustainability plans through the KRGSA. GENERAL PROVISIONS: 4.1 This MOU shall remain in effect unless terminated by either Party in writing or as allowed by State law. 4.2 This MOU may only be amended by a subsequent writing, approved and signed by all Parties. 4.3 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. c 21 AGEIZ ORG4AY I t APPROVED AS TO CONTENT KERN RIVER GRO ER SUSTAINABILITY AGENCY By: RODNEI' PALLA, Board Chair Date: 0 / APPROVED S - O FORM KERN RIAEIkIOUNDW AT R SUSTAINABILITY AGENCY By Date: APPROVED AS TO CONTENT GREENFIELD COUNTY WATER DISTRICT By:� Alto V O, Board President Date: ///q APPROVED AS TO FORM GREENFIELD COUNTY WATER DISTRICT B G.KUAS, District Counsel Date: - 3 1 ? "i AGF.hCY ORIGINAL writ