3483249v3 / 21603.0003
RESOLUTION NO. 2024-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON
SUSTAINABILITY AGENCY ADOPTING THE DELTA-MENDOTA SUBBASIN
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
E. 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 F. WHEREAS, the City of Patterson GSA was originally a member of the Northern and Central Delta Mendota Group formed for the purpose of developing a GSP and coordinating sustainable groundwater management for the North and Central portions of the Delta-Mendota Subbasin (Wat. Code, § 10723.6(i)); and
G. WHEREAS, the San Luis & Delta-Mendota Water Authority (the “Authority”) submitted an Initial Notification to DWR on behalf of the members of the Northern and Central GSP Group to jointly develop a single GSP for the Northern Region of the Delta-Mendota Subbasin on January 5, 2018; and
H. WHEREAS, other GSAs in the Delta-Mendota Subbasin initially 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 I. 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 3483249v3 / 21603.0003
GSP Group, outlined information sharing obligations, procedures for resolving conflicts, and designated the Authority as the Plan Manager for the Delta-Mendota Subbasin; and J. 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 K. WHEREAS, all the GSAs comprising the North and Central Regions of the Delta-Mendota Subbasin coordinated to develop the Northern and Central Delta Mendota GSP (“NCDM 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 January 6, 2020; and L. WHEREAS, the Plan Manager submitted the NCDM GSP and the Coordination Agreement to DWR on January 23, 2020; and
M. 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 had to be submitted to DWR by July 20, 2022; and
N. WHEREAS, after adequate notice, on June 20, 2022, the GSAs comprising the Northern and Central Regions of the Delta-Mendota Subbasin and the Coordination Committee recommended each of its GSAs adopt the final draft Common Chapter and the Amended NCDM GSP; and
O. WHEREAS, the Amended NCDM GSP and Appendices were submitted to DWR on July 20, 2022 (the “Revised 2022 GSP”); and
P. WHEREAS, the Revised 2022 GSP was deemed “Inadequate” by DWR in its March 2, 2023 Determination Letter; and
Q. WHEREAS, the Delta-Mendota Subbasin is now subject to the State Water Resources Control Board (“SWRCB”) intervention process. (Wat. Code, § 10735 et seq.); and R. WHEREAS, in response to DWR’s “Inadequate” determination and prior to the Basin’s probationary hearing, the GSAs in the Delta-Mendota Subbasin signed and executed a Memorandum of Agreement (the “MOA”) on December 11, 2023, superseding the 2018 Coordination Agreement. Through the MOA, the Parties intend to mutually cooperate to adopt a single GSP (the “2024 GSP”) for the Subbasin, and to implement the GSP within their respective GSA territories. The 2024 GSP synthesizes, updates, and replaces content from the Revised 2022 GSPs and Common Chapter to address the Corrective Actions outlined by DWR in its March 2023 “inadequate” Determination Letter. The MOA becomes effective upon the adoption of the 2024 GSP. The MOA establishes a Coordination Committee to provide a forum for the GSA Groups to work collaboratively and develop recommendations for technical and substantive subbasin-wide activities; and
3483249v3 / 21603.0003
S. WHEREAS, the 2024 GSP was jointly prepared by all 23 GSAs and the following seven GSA Groups, which are comprised of all 23 GSAs: the Aliso Water District GSA Group; the Farmers Water District GSA Group; the Fresno County Management Areas A and B (FCMA) GSA Group; the Grassland GSA Group; the Northern Delta-Mendota GSA Group; the Central Delta-Mendota GSA Group; and the San Joaquin River Exchange Contractors (SJREC) GSA Group; and
T. WHEREAS, on March 8, 2024, the Plan Manager transmitted the 90-Day Notice to affected cities and counties notifying them of the Northern and Central Delta-Mendota GSAs’ intent to adopt the 2024 GSP at one or more public hearings beginning in July 2024, but no earlier than 90 days from the date of the notice, and inviting consultation with the affected cities and counties; and
U. WHEREAS, on November 19, 2024, the City of Patterson GSA held a public hearing to discuss and consider adoption of the 2024 GSP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Patterson, acting as the City of Patterson Groundwater Sustainability Agency:
1. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
2. After a public hearing, the City of Patterson GSA hereby approves and adopts the final draft of the 2024 GSP, including its Appendices, 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.
3. The City of Patterson GSA authorizes the Authority and its consultants, as the Plan Manager, to take other actions as may be reasonably necessary to submit the 2024 GSP to the SWRCB and implement the purpose of this Resolution.
PASSED AND ADOPTED by the Patterson City Council at a regular meeting held on the 19th day of November 2024, by_______________________, who moved its adoption, which was duly seconded by ________________________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
3483249v3 / 21603.0003
APPROVED:
_____________________________
Michael Clauzel
Mayor of the City of Patterson
ATTEST:
_____________________________
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the city Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a regular meeting held on the 19th day of November 2024, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
________________________________
City Clerk of the City of Patterson