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HomeMy WebLinkAboutContracts & Agreements_124-2017 MEMORANDUM OF AGREEMENT TO FORM A GROUNDWATER SUSTAINABILITY AGENCY FOR PART OF THE UNADJUDICATED PORTION OF THE SAN TIMOTEO SUBBASIN AND TO COORDINATE WITH OTHER GROUNDWATER SUSTAINABILITY AGENCIES This 2017 Memorandum of Agreement (MOA) is entered into by and among Beaumont Cherry Valley Water District (BCVWD), Yucaipa Valley Water District (YVWD), City of Redlands (Redlands), and San Gorgonio Pass Water Agency (SGPWA), which may be referred to herein individually as a "Party' and collectively as the "Parties " Pursuant to the Sustainable Groundwater Management Act (SGMA) and as further set forth herein, the purposes of this MOA are to form a Groundwater Sustainability Agency (GSA) for part of the unadjudicated portion of the San Timoteo Subbasin (Basin), the members of which GSA shall be BCVWD, YVWD, Redlands, and SGPWA(herein, the ST-GSA), and to establish that the ST-GSA will coordinate with the Eastern Municipal Water District (EMWD) in its formation of a separate GSA for another part of the unadudicated portion of the Basin within EMWD's service area Recitals WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319, and Assembly Bill 1739, collectively known as the Sustainable Groundwater Management Act (SGMA), codified in certain provisions of the California Government Code, commencing with Section 65350 5, and in certain provisions of the California Water Code, including but not limited to, Sections 5200 et seq and 10720 et seq , and WHEREAS, SGMA went into effect on January 1, 2015, and thereafter various clarifying amendments to SGMA were signed into law in 2015, including Senate Bills 13 and 226, and Assembly Bills 617 and 939, and WHEREAS, the San Timoteo Subbasin (Basin), as further depicted in Exhibit A to this MOA, is identified by the California Department of Water Resources (DWR) Bulletin 118 as Subbasin No 8- 02 08 of the Upper Santa Ana Valley Groundwater Basin, and is designated by DWR as medium priority, and therefore, except as provided by SGMA, the Basin is subject to the requirements of SGMA, and WHEREAS, the Parties recognize and agree that a portion of the Basin (herein, the Adjudicated Area) is subject to the Beaumont Basin adjudication and Judgment in the case referred to as San Timoteo Watershed Management Authority v City of Banning, et al , Riverside County Superior Court Case No RIC 389197, and that pursuant to SGMA Section 10720 8(a)(1), said portion of the Basin generally is not subject to the requirements of SGMA and will not be managed by the ST-GSA, and WHEREAS, SGMA Section 10720 7 requires the Basin, as a medium priority basin which is not designated by DWR as being subject to critical conditions of overdraft, to be managed by a Groundwater Sustainability Plan (GSP) or coordinated GSPs by January 31, 2022, and WHEREAS, SGMA Section 10727(b) authorizes (1) a single GSP covering the entire Basin developed and implemented by one GSA, (2) a single GSP covering the entire Basin developed and implemented by multiple GSAs, or (3) multiple GSPs developed and implemented by multiple GSAs and coordinated pursuant to a single coordination agreement that covers the entire Basin, and 2017 San Timoteo Subbasin MOA Page 1 of 12 WHEREAS, SGMA Section 10735 2 requires the formation of a GSA or multiple GSAs for the Basin by June 30, 2017, and WHEREAS, SGMA Section 10723 6(a) authorizes a combination of local agencies to form a GSA pursuant to a point powers agreement, a memorandum of agreement, or other legal agreement, and WHEREAS, BCVWD, YVWD, Redlands, and SGPWA are local agencies as defined by SGMA, wherein each agency overlies at least a portion of the Basin and each has respective water supply, water management and/or land use responsibilities within the Basin, and thus each is authorized by SGMA to become part of the ST-GSA, and WHEREAS, in accordance with the terms of this MOA, and in furtherance of the shared intent of the Parties to maximize funding opportunities for the Basin and avoid potential intervention in the Basin by the State Water Resources Control Board, the Parties agree that the ST-GSA formed by this MOA will cover the entire Basin except the Adjudicated Area of the Basin and that portion of the Basin that lies within the service area of EMWD, for which EMWD intends to form a separate GSA as further described below, and WHEREAS, the Parties mutually desire and intend to work with local stakeholders and interested entities in the Basin that are not Parties to this MOA, including but not limited to EMWD, the City of Beaumont (Beaumont), the City of Callmesa (Calimesa), the County of Riverside Planning Department, the County of San Bernardino Flood Control District, the San Bernardino Valley Municipal Water District, the Beaumont Basin Watermaster, overlying landowners, and others to carry out the policy, purposes, and requirements of SGMA in the Basin Agreement NOW, THEREFORE, in consideration of the promises, terms, conditions, and covenants contained herein, it is mutually understood and agreed as follows I Incorporation of Recitals The Recitals stated above are incorporated herein by reference II Purposes The purposes of this MOA are to form the ST-GSA for part of the unadjudicated portion of the Basin as specified herein pursuant to applicable provisions and requirements of SGMA, including but not limited to SGMA Sections 10723 and 10723 6, and to establish that the ST-GSA will coordinate with EMWD in its formation of a separate GSA for another part of the unadudicated portion of the Basin within EMWD's service area III Approval of MOA and Formation of the ST-GSA. Approval of this MOA and formation of the ST-GSA shall be accomplished by BCVWD, YVWD, Redlands, and SGPWA each holding its own noticed public hearing pursuant to SGMA Section 10723(b) and Government Code Section 6066 and at such hearing will consider approval of a Resolution by its governing board to enter this MOA and jointly form the ST-GSA as specified in this MOA Upon the respective approvals of such Resolutions and this MOA by BCVWD, YVWD, Redlands, and SGPWA, there shall be established the ST-GSA as provided herein IV Definitions The following terms, whether used in the singular or plural, and when used with initial capitalization, shall have the meanings specified herein The Parties agree that any definitions set forth herein are intended to be consistent with SGMA, and in the event of any discrepancy between a defined term in this MOA and a defined term in SGMA, the terms of SGMA shall control 2017 San Timoteo Subbasin MOA Page 2 of 12 A 'Adjudicated Area" refers to that portion of the Basin that is subject to the Beaumont Basin adjudication and Judgment in the case referred to as San Timoteo Watershed Management Authonty v City of Banning, et a/, Riverside County Superior Court Case No RIC 389197, as further depicted in Exhibit A to this MOA B "Basin refers to the San Timoteo Subbasin, designated by the California Department of Water Resources Bulletin 118 as Subbasin No 8-02 08, as further specified, and depicted in Exhibit A to this MOA C "BCVWD" means the Beaumont Cherry Valley Water District D "DWR' means the California Department of Water Resources E "EMWD" means the Eastern Municipal Water District F "GSA" means Groundwater Sustainability Agency, as defined by SGMA G "GSP" means Groundwater Sustainability Plan, as defined by SGMA H "Memorandum of Agreement" or"MON' refers to this Memorandum of Agreement 1 "Party' or "Parties" refers individually or collectively to Beaumont Cherry Valley Water District, Yucaipa Valley Water District, City of Redlands, and San Gorgonio Pass Water Agency as signatories to this MOA J "Redlands" means the City of Redlands K "SGMA" refers to the Sustainable Groundwater Management Act L "SGPWA" means the San Gorgonio Pass Water Agency M 'ST-GSA" refers to the San Timoteo Subbasin GSA formed under this MOA, the members of which GSA are BCVWD, YVWD, Redlands, and SGPWA N "YVWD" means the Yucaipa Valley Water District V Boundaries of ST-GSA The boundaries of the ST-GSA as further depicted in Exhibit B to this MOA, shall be the entire Basin except the Adjudicated Area of the Basin as further specified in this MOA and that portion of the Basin that lies within the service area of EMWD, wherein EMWD intends to form a separate GSA for that portion of the Basin in accordance with SGMA and without overlapping the boundaries of the ST-GSA as provided in this MOA The Parties understand and agree that pursuant to SGMA Section 10720 8, the Adjudicated Area of the Basin generally is not subject to the requirements of SGMA and will not be managed by the ST-GSA VI Coordination and Cooperation A Continued Cooperation The Parties to this MOA will continue to meet, confer, coordinate, and collaborate to discuss and develop technical, managerial, financial, and other criteria and procedures for the preparation, governance, and implementation of a GSP or coordinated GSPs in the Basin and to carry out the policy, purposes, and requirements of SGMA in the Basin 2017 San Timoteo Subbasin MOA Page 3 of 12 B Points of Contact Each Party shall designate a principal contact person for that Party, who may be changed from time to time at the sole discretion of the designating Party The principal contact person for each Party shall be responsible for coordinating with the principal contact persons for the other Parties in scheduling meetings and other activities under this MOA C Manaoement Areas The Parties acknowledge that SGMA, and provisions of the SGMA regulations promulgated by DWR, including but not limited to Section 354 20 {23 C C R § 354 20}, authorize the establishment of management areas for the development and implementation of sustainable groundwater management within the Basin, and accordingly the Parties acknowledge and agree that the establishment of management areas within the Basin is a governance alternative that the Parties may explore VII Roles and Responsibilities A The Parties agree to jointly establish their roles and responsibilities for implementing a GSP or coordinated GSPs for the Basin in accordance with SGMA B The Parties agree to work in good faith and coordinate all activities to carry out the purposes of this MOA in implementing the policy, purposes, and requirements of SGMA in the Basin and particularly within the boundaries of the ST-GSA C BCVWD, YVWD, Redlands, and SGPWA, as members of the ST-GSA, shall coordinate with each other to cause all applicable noticing and submission of required information to DWR regarding formation of the ST-GSA D As provided in this MOA, the Parties will continue to meet, confer, coordinate, and collaborate to discuss and develop governance, management, technical, financial, and other matters, including respective roles and responsibilities for activities such as, but not limited to, the following modeling, metering, monitoring, hiring consultants, developing and maintaining list of interested persons under SGMA Section 10723 4, budgeting, and other initial tasks as determined by the Parties VIII Funding and Budgeting. The Parties shall mutually develop reasonable budgets and cost sharing agreements or arrangements for work to be undertaken in carrying out SGMA in the Basin IX Stakeholders A The Parties agree to work together in ensuring public outreach and involvement of the public, other interested stakeholders, and other agencies such as EMWD that may be responsible for implementing groundwater sustainability in the Basin throughout the SGMA process, including but not limited to all beneficial uses and users of groundwater as provided in SGMA Section 10723 2 B The Parties acknowledge, agree, and desire that the preparation, adoption, and implementation of one or more GSPs for the Basin, and the ongoing process of ensuring compliance with the requirements of SGMA in the Basin, will involve close coordination and cooperation with stakeholders and other interested parties, including but not limited to those identified in this MOA X Term, Termination, and Withdrawal 2017 San Timoteo Subbasin MOA Page 4 of 12 A Term This MOA shall continue and remain in effect unless and until terminated by the unanimous written consent of the Parties, or as otherwise provided in this MOA or as authorized by law B Withdrawal Any Party may decide, in its sole discretion, to withdraw from this MOA by providing ninety (90) days written notice to the other Parties A Party that withdraws from this MOA shall remain obligated to pay its share of costs and expenses incurred or accrued under this MOA and any related cost sharing agreement or arrangement up to the date the Party provides its notice of withdrawal as provided herein Withdrawal by a Party shall not cause or require the termination of this MOA or the existence of the ST-GSA with respect to the non-withdrawing Parties 1 In the event of withdrawal by BCVWD, YVWD, Redlands, or SGPWA from this MOA and the ST-GSA, the Parties shall meet and confer regarding whether the withdrawing Party wishes to seek GSA status for a portion of the Basin underlying the service area or management area of the withdrawing Party The Parties also may meet and confer regarding issues such as (i) whether the ST- GSA, or one or more of the non-withdrawing Parties, wishes to retain GSA status over the affected portion of the Basin, (ii) whether to enter a co-GSA management or other arrangement with the withdrawing Party, and (iii) whether to address the GSA issues in a different manner Any resolution of such and other GSA issues shall be undertaken in a manner that satisfies all requirements of SGMA and DWR, including any requirement to file new GSA notices XI Nonce Provisions All notices required by this MOA shall be made in writing and delivered to the respective representatives of the Parties at their respective addresses as follows Attn General Manager Beaumont Cherry Valley Water District 1210 Beaumont Avenue Attn General Manager Beaumont, California 92223 560 Magnolia Avenue Beaumont, California 92223 Yucaipa Valley Water District Attn General Manager 12770 Second Street City of Redlands Yucaipa, California 92399 Attn MUED Director 35 Cajon Street Redlands, California 92373 San Gorgonio Pass Water Agency Any Party may change the address to which notices are to be given under this MOA by providing all other Parties with written notice of such change at least fifteen (15) calendar days prior to the effective date of the change All notices shall be effective upon receipt and shall be deemed received upon confirmed personal service, confirmed courier service, or on the fifth (5i'') calendar day following deposit of the notice in registered first class mail XII General Terms 2017 San Timoteo Subbasin MOA Page 5 of 12 A Amendments Amendments to this MOA require unanimous written consent of all Parties and approval by the Parties' respective governing bodies B Successors and Assians The terms of this MOA shall be binding upon all successors in interest and assigns of each Party, provided, however, that no Party shall assign its rights or obligations under this MOA without the signed written consent of all other Parties to this MOA C Waiver No waiver of any provision of this MOA by any Party shall be construed as a further or continuing waiver of such provision or any other provision of this MOA by the waiving Party or any other Party D Authorized Representatives Each person executing this MOA on behalf of a Party hereto affirmatively represents that such person has the requisite authority to sign this MOA on behalf of the respective Party E Exemption from CEQA The Parties recognize and agree that, pursuant to SGMA Section 10728 6 and Public Resources Code Section 21065, neither this MOA nor the preparation or adoption of a GSP constitute a "project" or approval of a project under the California Environmental Quality Act (CEQA) or the State CEQA Guidelines, and therefore this MOA is expressly exempt from CEQA review F Governing Law and Venue This MOA shall be governed by and construed in accordance with the laws of the State of California Any suit, action, or proceeding brought under the scope of this MOA shall be brought and maintained to the extent allowed by law in the County of Riverside, California G Attornev's Fees Costs and E=xoenses In the event of a dispute among any or all of the Parties arising under this MOA, each Party shall assume and be responsible for its own attorney's fees, costs, and expenses H Entire Agreementllntegration This MOA constitutes the entire agreement among the Parties regarding the specific provisions of this MOA, and the Parties hereto have made no agreements, representations or warranties relating to the specific provisions of this MOA which are not set forth herein I Construction and lnteroretation The Parties agree and acknowledge that this MOA has been developed through a negotiated process among the Parties, and that each Party has had a full and fair opportunity to review the terms of this MOA with the advice of its own legal counsel and to revise the terms of this MOA, such that each Party constitutes a drafting Party to this MOA Consequently, the Parties understand and agree that no rule of construction shall be applied to resolve any ambiguities against any particular Party as the drafting Party in construing or interpreting this MOA J Force Maieure No Party shall be liable for the consequences of any unforeseeable force majeure event that (1) is beyond its reasonable control, (2) is not caused by the fault or negligence of such Party, (3) causes such Party to be unable to perform its obligations under this MOA, and (4) cannot be overcome by the exercise of due diligence In the event of the occurrence of a force majeure event, the Party unable to perform shall promptly notify the other Parties in writing to the extent practicable It shall further pursue its best efforts to resume its obligations under this MOA as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event 2017 San Timoteo Subbasin MOA Page 6 of 12 K Execution in Counterparts This MOA may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same instrument L No Third Partv Beneficiaries This MOA is not intended, and will not be construed, to confer a benefit or create any right on a third party or the power or right of any third party to bung an action to enforce any of the terms of this MOA M Timing and Captions Any provision of this MOA referencing a time, number of days, or period for performance shall be measured in calendar days The captions of the various articles, sections, and paragraphs of this MOA are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, terms, or intent of this MOA IN WITNESS WHEREOF, the Parties hereto have approved and executed this MOA as of the respective dates specified in the adopting Resolution of each Party as provided above in Article Ill of this MOA [The remainder of this page has been intentionally left blank] [Signature pages to follow] 2017 San Timoteo Subbasin MOA Page 7 of 12 BEAUMONT CHERRY VALLEY WATER DISTRICT By President, Board of Directors Attest Secretary, Board of Directors Approved as to form Counsel, Beaumont Cherry Valley Water District Notices for the Beaumont Cherry Valley Water District shall be sent as follows Attention General Manager 560 Magnolia Avenue Beaumont, California 92223 With copies to 2017 San Timoteo Subbasm MOA Page 8 of 12 1 CITY OF RED By - Mayor Pro Tempore, City Council Attest ity Clerk, City Council Approved as to form C Counsel, i of dlands Notices for the City of Redlands shall be sent as follows Attention MUED Director 35 Capon Street Redlands, California 92373 With copies to 2017 San Timoteo Subbasin MOA Page 9 of 12 SAN GORGONIO PASS WATER AGENCY By President, Board of Directors Attest Secretary, Board of Directors Approved as to form Counsel, San Gorgonio Pass Water Agency Notices for the San Gorgonio Pass Water Agency shall be sent as follows Attention General Manager 1210 Beaumont Avenue Beaumont, California 92223 With copies to 2017 San Timoteo Subbasm MOA Page 10 of 12 YUCAIPA VALLEY WATER DISTRICT By President, Board of Directors Attest Secretary, Board of Directors Approved as to form Counsel, Yucaipa Valley Water District Notices for the San Gorgonio Pass Water Agency shall be sent as follows Attention General Manager 12770 Second Street Yucaipa, California 92399 With copies to 2017 San Timoteo Subbasin MOA Page 11 of 12 Exhibit A t L. f. ® w Z F J z i � ggF s l 2017 San Timoteo Subbasin MOA Page 12 of 12