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RESOLUTION NO. 2024-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON, ADOPTING THE MEMORANDUM OF AGREEMENT AMONG THE DELTAMENDOTA SUBBASIN GROUNDWATER SUSTAINABILITY AGENCIES AND
AUTHORIZING SIGNATURE THEREON
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 and implementation of a single or multiple coordinated groundwater sustainability plans (“GSPs”) covering a groundwater basin designated by the Department of Water Resources (“DWR”) as medium or high priority (Wat. Code, § 10727); and C. WHEREAS, the Delta-Mendota Subbasin (Basin Number 5-22.07, DWR Bulletin 118), within the San Joaquin Valley Groundwater Basin (“Subbasin”), has been designated as a high-priority, critically overdrafted basin by DWR; and D. WHEREAS, the Subbasin includes multiple groundwater sustainability agencies (each a “GSA” and collectively, the “GSAs”) that initially managed the Subbasin through the development and implementation of six different GSPs covering different portions of the Subbasin (each, a “GSP Group” and collectively the “GSP Groups”); and E. WHEREAS, the City of Patterson GSA was formed to be an exclusive GSA for a portion of the Subbasin; and
F. WHEREAS, the City of Patterson GSA is a member of the Northern and Central Delta-Mendota Regions Group originally formed for the purpose of developing a GSP and coordinating sustainable groundwater management in the Northern and Central Regions of the Subbasin] (Wat. Code, § 10723.6(i)); and
G. WHEREAS, pursuant to the requirements of SGMA and DWR’s SGMA regulations (23 Cal. Code Regs., §§ 350 et seq.), and in recognition of the need to sustainably manage groundwater within the Subbasin, the GSAs within the Subbasin entered into that certain Delta-Mendota Subbasin Coordination Agreement effective December 12, 2018 (“Coordination Agreement”), to outline the respective GSAs’ obligations and responsibilities regarding SGMA coordination in the Subbasin by and among the multiple GSAs and multiple GSPs, in part by establishing a Coordination Committee; and
H. WHEREAS, pursuant to the Coordination Agreement, the San Luis & DeltaMendota Water Authority (“SLDMWA”) agreed to serve as the Plan Manager for the Subbasin 3395836v1 / 21603.0005 2
and main point of contact with DWR pursuant to SGMA, and as Secretary to the Coordination Committee; and
I. WHEREAS, all the GSAs comprising of the Northern and Central Regions of the 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 17, 2019; and J. WHEREAS, the Plan Manager submitted the N-C DM GSP, the other Subbasin GSPs, and the Coordination Agreement to DWR on January 23, 2020; and K. WHEREAS, on January 21, 2022, 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; and
L. WHEREAS, all GSAs comprising of the Northern and Central Regions of the Subbasin did so timely revise and re-submit the N-C DM GSP to DWR; however, on March 2, 2023, DWR determined that all the revised GSPs in the Subbasin, including the N-C DM GSP, were deemed “Inadequate” under SGMA; and
M. WHEREAS, pursuant to SGMA, upon DWR’s determination that a GSP is Inadequate, SGMA authorizes the State Water Resources Control Board (“State Water Board”) to seek to intervene and exercise jurisdiction over the affected subbasin by declaring it a “probationary” basin (Wat. Code § 10735.2(a)(3)); and
N. WHEREAS, the GSAs in the Subbasin would like to continue to manage the Subbasin locally in lieu of intervention by the State Water Board, if possible, and now desire to develop and adopt one single GSP for the entire Subbasin; and O. WHEREAS, if there is only one GSP for the Subbasin, the GSAs no longer need the Coordination Agreement, which is only required for basins with multiple GSPs; however the GSAs still desire to coordinate work and management of the Subbasin and clarify the responsibilities of the respective GSAs for SGMA purposes; P. WHEREAS, the Coordination Committee has developed that certain Memorandum of Agreement among the Delta-Mendota Subbasin Groundwater Sustainability Agencies (“MOA”) to so govern the GSAs’ SGMA responsibilities and management of the Subbasin; and
Q. WHEREAS, the Coordination Agreement shall remain binding and in effect until all GSAs in the Subbasin have approved a single GSP for the Subbasin, at which time the Coordination Agreement shall automatically terminate, and the MOA shall become operative.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Patterson finds as follows:
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1. The facts stated in the recitals above are true and correct, and the City Council so finds and determines.
2. The City of Patterson and the City of Patterson GSA, hereby approve and adopt the Memorandum Agreement among the Delta-Mendota Subbasin Groundwater Sustainability Agencies, in substantially the form attached hereto as Exhibit “A,” and authorizes the executing officer and/or his designee to execute said MOA.
3. The City of Patterson and the City of Patterson GSA authorizes the executing officer and/or his designee and its legal counsel to take such other actions as may be reasonably necessary to deliver the signed MOA to the SLDMWA and implement the purpose of this Resolution.
The foregoing resolution was passed by the City Council at a regular meeting held on the 16th day of January 2024, by , who moved its adoption, which motion was duly seconded by , and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
______________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
________________________________
Aracely Alegre
City Clerk of the City of Patterson
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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 Paterson, and Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 16th day of January 2024 and further certified that the resolution is in full force and effect and has never been rescinded or modified.
DATED:
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City Clerk of the City of Patterson