HomeMy WebLinkAboutConsolidated Irrigation District Fresno Irrigation District County of Fresno County of Tular City of Fresno City of Clovis Kings River Conservation District - MOU for Implementation of the sustainable groundwater_o
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MEMORANDUM OF IINDERSTANDING
FOR IMPLEMENTATION OF THE
SUSTAINABLE GROT]NDWATER MANAGEMENT ACT
IN THE KINGS GROUNDWATER BASIN
THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made and effective as
of May 4,2015, by and between the Consolidated Irrigation District, the Fresno Irrigation
District, the County of Fresno, the County of Tulare, the City of Fresno, the City of Clovis and
the Kings River Conservation District ("KRCD"), each a "Party" and collectively the ,,parties,,,
with reference to the following facts:
A. The State of California has enacted the Sustainable Groundwater Management
Act(containedinSB 1168, AB1739 andSB 1319),referredtointhisMOUasthe"Aót,,,
pursuant to which certain local agencies may become "groundwater sustainability agencies,' and
adopt "groundwater sustainability plans" in order to manage and regulate groundwater in
underlying groundwater basins. (The Act defines "basin" as a basin or subbasin identified and
defined in California Department of Water Resources Bulletin I 18.) Each Party is a local agency
qualified to become a groundwater sustainability agency and adopt a groundwater sustainability
plan under the Act.
B. Multiple local agencies overlying a single groundwater basin or subbasin may
adopt individual groundwater sustainability plans if those plans are coordinated, or may join
together to adopt a single plan. The Parties all overlie portions of the Kings Subbasin as it is
currently defrned by the California Department of Water Resources (the "Basin") and wish to
participate in the implementation of the Act specifically within the Basin. As a result,
coordination and cooperation between them is necessary in order to determine their respective
roles and the manner in which they will implement the Act. In addition, other agencies that are
qualified to become groundwater sustainability agencies overlie the Basin and háve expressed
interest in implementation of the Act in the Basin, and the Parties acknowledge the importance of
involving those other agencies in the management of groundwater resources in the Basin under
the Act. The Parties wish to create a vehicle that will allow those other agencies to become
involved in that management if they so desire.
C. The Parties wish to provide a framework for cooperative efforts relative to
implementation of the Act in the Basin, both with each other and with other agencies in the Basin
interested in implementing the Act, to help ensure that the Act is implemented in the Basin
effectively, efficiently, fairly, and at the lowest reasonable cost.
THEREFORE, in consideration of the mutual promises set forlh below and to implement
the goals described above, the Parties agree as follows:
l. Purposes of MOU. The primary purposes ofthis MOU are to (i) facilitate a
cooperative and ongoing working relationship between the Parties that will allow them to
explore, study, evaluate and (to the extent the Parties agree) develop and implement mutually
beneficial approaches and strategies for implementing the Act in the Basin (ì'Alternatives,,) ánd
(ii) facilitate contacts with other agencies overlying the Basin so that they can be invited to
participate in this Mou or activities undertaken in connection herewith.
SGMA MOU final 5-04-15
3. Implementation of Alternatives. The Parties intend that this MOU govern their
joint activities while they are exploring, studying, evaluating and developing Alternatives. The
Parties shall regularly confer on Alternatives, and nothing in this MOU is intended to restrict the
range of Alternatives that may be discussed or pursued by the Parties. If any or all of the Palties
identify an Alternative they wish to jointly implement, they shall develop the appropriate
agreement(s) governing such Alternative. Such agreement(s), and not this MOU, shall govern
implementation of an Alternative to be pursued jointly by any of the Parties. No Alternative
identified by the Parties shall be undertaken until they have complied with all applicable
environmental laws, including without limitation the California Environmental Quality Act and
any other applicable Federal or state law.
4. Outreach to Other Asencies. In recognition of the importance of involving all
interested agencies in the Basin that are or will be qualified to be groundwater sustainability
agencies under the Act in the management of the Basin, as an initial activity under this MOU, the
Parties shall develop and implement an outreach plan pursuant to which the Parties will contact
other agencies within or near their respective boundaries that may become groundwater
sustainability agencies and adopt groundwater sustainability plans under the Act, to invite their
participation in this MOU and activities undertaken in connection herewith. Subject to Section
13 of this MOU, such agencies may become Parties hereto.
5. Formation of Joint Powers Authority. As a part of their cooperative efforts under
this MOU, the Parties shall discuss and explore the formation of a new joint powers authority or
similar arrangement to develop and implement a single groundwater sustainability plan or
coordination of groundwater sustainability plans through a coordination agreement or
agreements as provided for in the Act for some or all of the Basin. Without limiting the range of
issues associated with formation of such a joint powers authority or similar arrangement to be
considered by the Parties, they shall evaluate whether agencies overlying the Basin, which have
been contacted pursuant to Section 4 of this MOU but which have not joined in this MOU,
should be invited to participate in such joint powers authority or similar arrangement.
6. No Oblieation. None of the Parties is obligated to pursue any Alternative it does
not believe, in its sole and absolute discretion, to be in such Party's best interests.
7. Costs. Each Party shall bear all costs it incurs with respect to its activities under
this MOU, including without limitation costs relative to Alternatives in which they wish to
participate prior to their implementation. Costs incurred in connection with this MOU for the
joint benefit of all Parties shall be bome equally by the Parties, with KRCD acting as fiscal agent
for such expenses. The other Parties shall promptly contribute their respective shares of any
such costs upon receipt of a request from KRCD together with an accounting thereof.
8. S14[. Each Party shall designate a principal contact person for that Party, who
may be changed from time to time, and such other appropriate staff members and consultants to
participate on such Party's behalf in activities undertaken pursuant to this MOU. The principal
contact person for each Parly shall be responsible for coordinating meetings and other activities
under this MOU with the principal contact person for the other Parties. Meetings shall occur as
SGMA MOU final 5-04-15
the principal contacts determine are necessary, and each Party shall make its expertise and
resources reasonably available for activities under this MOU.
9. Other Alternatives. Nothing in this MOU shall preclude any Party from pursuing
implementation of the Act on its own or with third parties. Further, while the parties iniend to
diligently explore Alternatives in which all ofthem participate, nothing in this MOU shall
preclude any of the Parties from pursuing Alternatives with less than all of the other parties.
10. Onqoins Cooperation. The Parties acknowledgethat activities under this MOU
will require the frequent interaction between them in order to exploit opportunities and resolve
issues that arise. The Parties shall work cooperatively and in good faith. The goal of the parties
shall be to preserve flexibility with respect to the implementation of each Alternative to
maximize the mutual benefits of that Alternative to the Parties. Notwithstanding the foregoing,
nothing in this MOU shall be interpreted to require the Parties to jointly implement any
Alternatives, and each Party reserves the unrestricted authority and right to determine whether it
wishes to implement any Alternatives with the other parties.
I l. Confidentialitv. The Parties acknowledge that, in connection with their mutual
activities under this MOU, each of them may share sensitive and/or confîdential information with
the other Parties. To the fullest extent permitted by law, each of the Parties shall maintain any
information, documents or materials shared by the other Parties or mutually developed pursuant
to this MOU in confidence and shall not voluntarily provide or reveal such information,
documents or materials to any third party. If any Party receives a request or order from a third
party that the receiving Party believes requires it to disclose any such information, documents or
materials, the receivingParty shall (i) immediately notiÛr the other parties and provide them with
a copy of such request or order, (ii) defer any disclosure of such information, documents or
materials for as long as legally permitted and (iii) cooperate with any other Party that wishes to
pursue an order preventing the disclosure of such information, documents or materials.
12. Notices. Any formal notice or other formal communication given under the terms
of this MOU shall be in writing and shall be given personally, by facsimile or by certified mail,
postage prepaid and return receipt requested, Any notice shall be delivered or addressed to the
parties at the addresses or facsimile numbers set forth below or at such other address or facsimile
numbers as shall be designated by notice in writing in accordance with the terms of this
Agreement. The date of receipt of the notice shall be the date of actual personal service or
conf,trmed facsimile transmission, or three days after the postmark on certified mail.
If notice is given to the Consolidated Irrigation District, it shall be given at the following address
and facsimile number:
Consolidated Irrigation District
2255 Chandler Street
Selma, CA 93662
Attn: General Manager
Facsimile No.: 559-896-8488
SGMA MOU final 5-04-15
If notice is given to the Fresno Irrigation District, it shall be given at the following address and
facsimile number:
Fresno Irrigation District
2907 S Maple Avenue
Fresno, CA 93725
Attn: General Manager
Facsimile No. : 5 5 9-23 3 -8227
If notice is given to the County of Fresno, it shall be given at the following address and facsimile
number:
Counfy of Fresno
2220 Tulare Street, 6th floor
Fresno California 93721
Attn: Director of Public Works and Planning
Facsimile No.: 559-600-4537
If notice is given to the County of Tulare, it shall be given at the following address and facsimile
number:
County of Tulare
2800 W. Burrel
Visalia, CA9329l
Attn: County Administrative Officer
Facsimile No.: 559-733-63 I 8
If notice is given to the City of Fresno, it shall be given at the following address and facsimile
number:
City of Fresno
Department of Public Utilities
2600 Fresno Street
Fresno, CA9372l
Attn: Thomas C. Esqueda, Director
Facsimile No.: 559-498- I 304
If notice is given to the City of Clovis, it shall be given at the following address and facsimile
number:
City of Clovis
1033 Fifth Street
Clovis, CA93612
Attn: Public Utilities Director
Facsimile No.: 559 324-2862
SGMA MOU final 5-04-15
If notice is to be given to KRCD, it shall be given at the following address and facsimile number:
Kings River Conservation District
4886 East Jensen Avenue
Fresno, CA 93725
Attn: General Manager
Facsimile No.: 559-237 -5567
13. Entire Agreement. This MOU incorporates the entire and exclusive agreement of
the Parties with respect to the matters described herein and supersedes all prior negotiations and
agreements (written, oral or otherwise) related thereto. This MOU may be amended (including
without limitation to add new Parties) only in a writing executed by all of the Parties.
14. Termination. This MOU shall remain in effect unless terminated by the mutual
written consent of the Parties, or upon 30 days written notice of termination delivered by one
Party to the others that is not withdrawn prior to the specifred termination date; provided, that
upon termination by one Party, the remaining Parties may by mutual written agreement continue
this MOU in effect as between the non-terminating Parties. No Party shall be liable to any other
if it elects to terminate this MOU.
15. Severabiliw. Should any provision of this MOU be dçtermined by a court of
competent jurisdiction to be void, in excess of a Party's authority, or otherwise unenforceable,
the validity of the remaining provisions of this MOU shall not be affected thereby.
16. Assignment. No rights and duties of any of the Parties under this MOU may be
assigned or delegated without the express prior written consent of all of the other Parties, and
any attempt to assign or delegate such rights or duties without such consent shall be null and
void.
Signatures on next page
SGMA MOU fìnal 5-04-15
IN WITNESS WHEREOF, the parties have executed this MOU as of the date first above
written.
County of Fresno
By:
Deborah A. Poochigian,
Board of Supervisors
Approved as to Legal Form:
Daniel Cederborg
Fresno County Counsel
Approved as to Accounting Form
Vicki Crow, C.P.A.
Auditor Controller/Treasure-Tax Collector
Attest:
Bernice E. Seidel
Clerk to the Bgard of Supervisors
ev, S,.üáåo^t noaÀ
SGMA MOU final 5-04-15
*\-t
IN WITNESS WHEREOF, the parties have executed this MOU as of the date first above
written.
COUNTY OF FRESNO COUNTY OF TULARE
By:
Chairman, Fresno County Board of
Supervisors
CONSOLIDATED IRzuGATION DISTRICT
Supervisors
CITY OF FRESNO
By:By:
Phil Desatoff, General Manager
FRESNO IRRIGATION DISTRICT
By:
Gary R. Serrato, General Manager
K]NGS RTVER CONSERVATION DISTzuCT
By:
David L. Orth, General Manager
CITY OF CLOVß
By:
APPROVEÐ A5 r{,-
BY**h
SGMAMOU final 5-04-15 70ts-
IN V/ITNESS WHEREOF, the parties have executed this MOU as of the date first above
written.
COLINTY OF FRESNO COLINTY OF TULARE
By:By:
Chairman, Fresno County Board of
Supervisors
C ONS OLIDATED IRzuGATION DIS TRICT
Chairman, Tulare County Board of
Supervisors
CITY OF FRESNO
By:
Bruce Rudd, City Manager
CITY OF CLOVISFRESNO IRzuGATION DISTzuCT
By:
Gary R. Serrato, General Manager
KINGS RIVER CONSERVATION DISTzuCT
By:
David L. Orth, General Manager
By:
Rob Woolley, City Manager
SGMAMOUfinal 5-04-15
IN WITNESS WHEREOF, the parties have executed this MOU as ofthe date first above
written.
COUNTY OF FRESNO
By:
Chairman, Fresno County Board of
Supervisors
CONSOLIDATED IRzuGATION DISTRICT
COLINTY OF TULARE
Chairman, Tulare County Board of
Supervisors
CITY OF FRESNO
By:
By:
Phil Desatoff General Manager
FRESNO IRRIGATION DISTRICT
Gary R. Serrato, GeneralManager
KINGS RIVER CONSERVATION DISTRICT
By:
David L. Orth, General Manager
Rob Woolley, City Manager
ATTEST:
WONNE SPENCE, CMC
CITY OF CLOVIS
By:By:
a/4/s,
By
AS TO
NEY,S
CITY
SGMA MOU final 5-04-15
IN WITNESS WHEREOF, the parties have executed this MOU as of the date fust above
written.
COLINTY OF FRESNO COUNTY OF TULARE
By:By:
Chairman, Fresno County Board of Chairman, Tulare County Board ofSupervisors Supervisors
CONSOLIDATED IRRIGATION DISTRICT CITY OF FRESNO
By:By:
Phil Desatoff, General Manager
FRESNO IRzuGATION DISTRICT
KINGS RMER CONSERVATION DISTRICT
By:
David L. Orth, General Manager
Bruce Rudd, Cþ Manager
CITY OF CLOVIS
By:
Rob V/oolley, City Manager
SGÀ4AMOUfinal 5-04-15
IN WITNESS WHEREOF, the parties have executed this MOU as of the date first above
written.
COUNTY OF FRESNO COUNTY OF TULARE
By:
Chairman, Fresno County Board of Chairman, Tulare County Board of
Supervisors SuPervisors
CONSOLIDATED IRzuGATION DISTRICT CITY OF FRESNO
By:By:
By:
By:
Phil Desatoff, General Manager
FRESNO IRRIGATION DISTRICT
By:
Gary R. Serrato, General Manager
KINGS RIVER CONSERVATION DISTRICT
David L. Orth, General Manager
Bruce Rudd, Cþ Manager
CITY OF CLOVIS
Rob Woolley, City Man
SGMA MOU final 5-04-15
IN WITNESS S/HEREOF, the parties have executed this MOU as ofthe date first above
written.
COTINTY OF FRESNO COUNTY OF TULARE
Chairmarr, Fresno County Board of Chairman, Tulare County Board ofSupervisors Supervisors
CONSOLIDATED IRzuGATION DISTRICT CITY OF FRESNO
By:
Phil Desatoff, General Manager
FRESNO IRRIGATION DISTRICT
Gary R. Serrato, General Manager
KINGS RIVER CONSERVATION DISTzuCT
Bruce Rudd, City Manager
CITY OF CLOUS
Rob Woolle¡ City Manager
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