City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: January 16, 2024
ITEM NO: 6.5
SUBJECT: Approve Resolution No. 2024- 01 Adopting the Memorandum of Agreement among the Delta-Mendota Subbasin and Groundwater Sustainability Agencies and Approve Resolution No. 2024- 02 Adopting the Special Projects Agreement for Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Subbasin.
RECOMMENDATION
Motion to Approve Resolution No. 2024- 01 Adopting the Memorandum of Agreement among the Delta-Mendota Subbasin and Groundwater Sustainability Agencies and Approve Resolution No. 2024- 02 Adopting the Special Projects Agreement for Development of a Single Groundwater Sustainability Plan for the Delta-Mendota Subbasin
BACKGROUND
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.
The city of Patterson formed a Groundwater Sustainability Agency (GSA) and adopted its first Sustainability Plan (GSP) on December 17, 2019.
On January 21, 2022, the Department of Water Resources (DWR) completed its review of all the GSPs in the Subbasin and released a letter determining that the GSPs for the Subbasin (as a whole) were “Incomplete” and identified deficiencies and corrective actions for the Subbasin GSAs to take. Revised GSPs addressing the corrective actions from each GSP Group were required to be submitted to DWR by July 20, 2022.
All GSAs comprising of the Northern and Central Regions timely revised and re-submitted the N-C DM GSP to DWR; however, on March 2, 2023, DWR determined all the revised GSPs in the Subbasin, including the N-C DM GSP, were deemed “Inadequate” under SGMA. As a result, in lieu of intervention by the State Water Board, all GSAs now desire to develop and adopt one single GSP for the entire Subbasin.
ANALYSIS
Memorandum of Agreement (MOA)- The change from multiple GSPs to one GSP will no longer require a coordination agreement. However, the Coordination Agreement that was adopted by the City Council on December 12, 2018, will remain binding and in effect until all the GSAs in the Subbasin have approved a single GSP, at which time the Coordination Agreement shall automatically terminate, and the attached MOA shall become operative. This MOA will clarify the responsibilities of the respective GSAs for SGMA purposes.
Special Project Agreement (SPA)- As mentioned above, it is the desire of all GSPs within the DM Subbasin to develop and adopt one single GSP. The purpose of this SPA is to provide the contractual basis for its signatories to utilize the resources of the SLDMWA and allow for coordinated access to administrative and technical resources. It is also the intent of the SPA to provide mechanisms for sharing the benefits and expenses of obtaining such resources for the purpose of developing a single GSP for the Subbasin and to comply with SGMA.
FISCAL IMPACT
There is no fiscal impact associated with these actions. However, there will be costs associated with the continued implementation of the GSP in the coming years. These costs, as they are determined, will be subject to future City Council budget consideration and approval.