City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: July 5, 2022
ITEM NO: 7.1
SUBJECT: Approve Resolution No. 2022-48 Adopting the Amended Northern & Central Delta-Mendota Region Groundwater Sustainability Plan.
RECOMMENDATION
1. Conduct a Public Hearing to consider revisions to the Northern and Central DeltaMendota Region Groundwater Sustainability Plan; and
2. Approve Resolution No. 2022-48 Adopting the Amended Northern & Central DeltaMendota Region Groundwater Sustainability Plan; and
3. Authorize the Delta-Mendota Region Groundwater Sustainability Agencies, its consultants and the Plan Manager to take such actions as may be reasonably necessary to submit Revisions to the Northern and Central Delta-Mendota Region Groundwater Sustainability Plan to the California Department of Water Resources by July 20, 2022 and implement the purpose of this resolution.
BACKGROUND
In September 2014, Governor Edmund G. Brown signed into law the Sustainable Groundwater Management Act of 2014 (SGMA), which changed the landscape of groundwater management in California. SGMA is a comprehensive package of legislation that sets the framework for statewide sustainable groundwater management and declares that such authority be given to local public agencies that have either water supply or land use authority, or both.
SGMA requires, among many other items, the formation of Groundwater Sustainability Agency‘s (GSAs). SGMA empowers these GSAs to use a number of management tools to achieve “sustainability” in the affected groundwater basins, including authorities required in order to manage groundwater in a sustainable manner. GSAs are the local agencies responsible for the development and implementation of the Groundwater Sustainability Plans (GSPs), ultimately aimed at ensuring groundwater sustainability over a 20-year implementation period.
The focus of this plan is the development and implementation of long-term groundwater sustainability programs, plans and practices over a 50-year planning horizon.
The Delta-Mendota groundwater subbasin has been designated by the California Department of Water Resources (DWR) to be in a condition of “critical overdraft.” Pursuant to SGMA, groundwater subbasins in this category are required to develop and adopt GSPs by January 31, 2020, as opposed to January 31, 2022, which is the requirement for the Modesto and Turlock subbasins. The city adopted the Northern & Central GSP on December 11, 2019.
ANALYSIS
After a lengthy review period, the Subbasin received a Consultation Initiation Letter (CIL) on January 21, 2022, from the California Department of Water Resources (DWR). All GSPs within the Delta-Mendota subbasin were rejected.
The CIL identified four potential deficiencies across the six Subbasin GSPs which may preclude DWR’s approval, as well as potential corrective actions to address each potential deficiency. The CIL thus initiated consultation between DWR, the Basin Manager, Plan Managers, and the Subbasin’s GSAs. The attached Common Chapter (appendix B) has been revised to incorporate changes required to reflect the Subbasin’s response to the deficiencies identified in the CIL, based on direction provided by the Coordination Committee (Coordination Committee), the Delta-Mendota Technical Working Group (Technical Working Group), the Subbasin GSAs and DWR. This revised Common Chapter, along with the cover letter, are intended to document how the deficiencies identified in the CIL were addressed in the revised Subbasin GSPs and this revised Common Chapter. The four deficiencies identified in DWR’s CIL are summarized below:
· Potential Deficiency 1: The GSPs do not use the same data and methodologies. · Potential Deficiency 2: The GSPs have not established common definitions of undesirable results in the Subbasin.
· Potential Deficiency 3: The GSPs in the Subbasin have not set sustainable management criteria in accordance with GSP regulations.
· Potential Deficiency 4: The management areas established in the Plan have not sufficiently addressed the requirements specified in 23 CCR §354.20.
Each deficiency has been addressed in the common chapter and in the supporting documents for the Northern & Central GSP. Pursuant to California Water Code Section 10728.4, Adoption or Amendment of Plan Following Public Hearing, a GSA may take the following action:
“A groundwater sustainability agency may adopt or amend a groundwater sustainability plan after a public hearing, held at least 90 days after providing notice to a city or county within the area of the proposed plan or amendment. The groundwater sustainability agency shall review and consider comments from any city or county that receives notice pursuant to this section and shall consult with a city or county that requests consultation within 30 days of receipt of the notice. Nothing in this section is intended to preclude an agency and a city or county from otherwise consulting or commenting regarding the adoption or amendment of a plan.”
Furthermore, pursuant to California Water Code Section 10728.6, Division 13 (commencing with Section 21000) of the Public Resources Code, the provisions of the California Environmental Quality Act (CEQA) do not apply to the preparation and adoption of plans pursuant to SGMA.
A hard copy of the amended Public Draft of the Northern & Central Delta-Mendota Region Groundwater Sustainability Plan may be reviewed at the Stanislaus County Department of Environmental Resources, Groundwater Division, located at 3800 Cornucopia Way, Suite C, in Modesto. All documents (including appendices) pertaining to the Northern & Central DeltaMendota Groundwater Sustainability Plan may also be found at the following electronic addresses:
<http://www.ci.patterson.ca.us/901/GSP-Amendments>
<http://deltamendota.org/>
http://deltamendota.org/NCDM-gsp-review/#ReviewDocs
FISCAL IMPACT
There is no fiscal impact associated with the adoption of the Amended Northern & Central Delta-Mendota Groundwater Sustainability Plan. However, there will be costs associated with the continued implementation of the GSP in the coming years. These costs, once determined, will be subject to future City Council budget consideration and approval.