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RESOLUTION NO. 2022-48
A RESOLUTION OF THE CITY COUNTIL OF THE CITY OF PATTERSON
ADOPTING THE AMENDED NORTHERN & CENTRAL DELTA-MENDOTA REGION
GROUNDWATER SUSTAINABILITY PLAN
A. WHEREAS, in August 2014, the California Legislature passed, and in September 2014 the Governor signed, legislation creating the Sustainable Groundwater Management Act (“SGMA”) “to provide local groundwater sustainability agencies with the authority and technical and financial assistance necessary to sustainably manage groundwater” (Wat. Code, § 10720, (d)); and
B. WHEREAS, SGMA requires sustainable management through the development of groundwater sustainability plans (“GSPs”), which can be a single plan developed by one or more groundwater sustainability agencies (“GSAs”) or multiple coordinated plans within a basin or subbasin (Wat. Code, § 10727); and
C. WHEREAS, SGMA requires a GSP to be developed and implemented to manage groundwater in all basins designated by the Department of Water Resources (“DWR”) as medium or high priority, including the Delta-Mendota Subbasin (basin number 5-22.07); and D. WHEREAS, the City of Patterson GSA was formed to be an exclusive GSA for a portion of the Delta-Mendota Subbasin, and is composed of the following member agencies: the Northwestern Delta-Mendota GSA, Delta-Mendota II GSA, Patterson Irrigation District GSA, West Stanislaus Irrigation District GSA and the Central Delta-Mendota Region Groundwater Sustainability Agencies (individually, a “Party” and in the plural or collectively, the “Parties”); and
E. WHEREAS, pursuant to its Coordination Agreement entered into by the Parties on December 12, 2018, the City of Patterson GSA is governed by a City Council; and F. WHEREAS, the City of Patterson GSA has the authority to draft, adopt, amend, and implement a GSP (Wat. Code, § 10725 et seq.; § 10728.4); and G. WHEREAS, the City of Patterson GSA is a member of the Northern and Central Delta-Mendota Regions Group formed for the purpose of developing a GSP and coordinating sustainable groundwater management in the Northern and Central Regions of the Delta-Mendota Subbasin] (Wat. Code, § 10723.6(i)); and
H. WHEREAS, the San Luis & Delta-Mendota Water Authority (“SLDMWA”) submitted an Initial Notification to DWR on behalf of the members of the Northern and Central Delta-Mendota Regions to jointly develop a single GSP for the Northern and Central Regions of the Delta-Mendota Subbasin on January 5, 2018; and
I. WHEREAS, other GSAs in the Delta-Mendota Subbasin prepared separate GSPs for other regions of the Delta-Mendota Subbasin for a total of six GSPs covering the entire Delta-Mendota Subbasin (each, a “GSP Group”); and
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J. WHEREAS, the GSAs from all six GSP Groups entered into a Coordination Agreement effective December 12, 2018 (the “Coordination Agreement”) to comply with SGMA and ensure that the multiple GSPs within the Delta-Mendota Subbasin would be developed and implemented utilizing the same methodologies and assumptions, that the elements of the GSPs are appropriately coordinated to support sustainable management, and to show how the multiple GSPs will achieve the sustainability goal for the Subbasin. The Coordination Agreement also established a Coordination Committee composed of representatives from each GSP Group, outlined information sharing obligations, procedures for resolving conflicts, and designated the SLDMWA as the Plan Manager for the Delta-Mendota Subbasin; and K. WHEREAS, SGMA states that a GSA “may adopt or amend a [GSP] 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” (Wat. Code, § 10728.4); and L. WHEREAS, all the GSAs comprising the Northern and Central Regions of the Delta-Mendota Subbasin coordinated to develop the Northern & Central Delta-Mendota Region GSP (“N-C DM GSP”), which was adopted by the City of Patterson GSA after a public hearing and 90-day notification to the affected city and counties on December 11, 2019; and M. WHEREAS, the Plan Manager submitted the N-C DM GSP and the Coordination Agreement to DWR on January 23, 2020; and
N. WHEREAS, on January 21, 2022, DWR completed its review of all the GSPs in the Delta-Mendota Subbasin and released a letter determining that the GSPs for the DeltaMendota Subbasin as a whole were “Incomplete” and identified deficiencies and corrective actions for the GSAs in the Delta-Mendota Subbasin to take. Amended or modified GSPs addressing the corrective actions from each GSP Group must be submitted to DWR by July 20, 2022; and
O. WHEREAS, on March 15, 2022, the Plan Manager transmitted the 90-Day Notice to affected cities and counties notifying them of the Northern and Central Region GSAs intent to adopt an amended N-C DM GSP at one or more public hearings to be scheduled not earlier than June 22, 2022, and inviting consultation with the affected cities and counties; and P. WHEREAS, all the GSAs comprising the Northern and Central Regions of the Delta-Mendota Subbasin and the Coordination Committee have, in order to address the deficiencies and to effect the corrective actions identified by DWR, continued to coordinate to develop the draft of the amended N-C DM GSP (“Amended N-C DM GSP”) and publicly released the draft Amended N-C DM GSP on June 20, 2022; and Q. WHEREAS, on June 20, 2022, the GSAs comprising the Northern and Central Regions of the Delta-Mendota Subbasin recommended each of its members adopt the final draft Amended N-C DM GSP for their respective jurisdiction.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the city of Patterson finds as follows:
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1. After a public hearing, the City of Patterson GSA hereby approves and adopts the final draft Amended N-C DM GSP, dated June 20, 2022, in substantially the form presented, subject to such modifications as the executing officer shall approve, said execution to provide conclusive proof of approval of any such modifications.
2. The City of Patterson and the City of Patterson GSA authorizes the SLDMWA, its consultants, and the Plan Manager to take such other actions as may be reasonably necessary to submit the Amended N-C DM GSP to DWR by July 20, 2022, and implement the purpose of this Resolution.
PASSED, APPROVED, AND ADOPTED this 5th day of July, 2022 by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
______________________________
Dennis McCord
Mayor of the City of Patterson
ATTEST:
________________________________
Aracely Alegre
City Clerk of the City of Patterson
I do hereby certify that the foregoing is a full, correct, and true copy of a resolution passed by the City Council of said City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 5th day of July 2022 and further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED: