COUNTY OF SACRAMENTO CALIFO IA
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1 APP,,tovED MAIO OF SVIDERVISORS 1 ivo, W0, A Lit/ficfr ' By Clerk of the Board COUNTY OF SACRAMENTO CALIFO IA 71 For the Agenda of: April 11,2017 2:00 PM To: From: Subject: Supervisorial District(s): Board of Supervisors Department of Water Resources Public Hearing To Consider Adopting A Resolution Accepting Groundwater Sustainability Agency Responsibility For Subbasin Areas Within Sacramento County Remaining Unmanaged On June 30, 2017 (Set Hearing And Continued from March I, 2017; Item 6) All Contact: Kerry Schmitz, Water Supply Division Chief, Overview On September 16, 2014, the California Legislature signed the Sustainable Groundwater Management Act (SGMA) into law. SGMA provides a framework for sustainable management of groundwater by local water supply, water management, and land use agencies. The framework includes a process to establish Groundwater Sustainability Agencies (GSAs) and identifies a June 30, 2017 deadline for formation of GSAs in medium and high priority groundwater basins or sub-basins. Sacramento County overlies groundwater sub-basins which are designated by the state as either medium or high priority basins. To date, groups have submitted notices to State DWR to become exclusive GSAs over some areas in Sacramento County, while other areas remain unclaimed or unmanaged. This item includes a public hearing to consider having the County of Sacramento accepting GSA responsibility for areas within Sacramento County sub-basins remaining unmanaged on June 30, Recommendations 1. Open the public hearing to consider accepting GSA responsibility for areas within Sacramento County remaining unmanaged on June 30, 2017; 2. Consider public testimony and comments regarding the matter; 3. Close the public hearing; and 4. Adopt the attached Resolution that does the following: a) Accepts GSA management responsibility pursuant to California Water Code on behalf of Sacramento County for any area in the county that is unmanaged on June 30, 2017;
2 Public Hearing To Consider Adopting A Resolution Accepting Groundwater Sustainability Agency Responsibility For Subbasin Areas Within Sacramento County Remaining Unmanaged On June 30, 2017 (Hearing Set And Continued from March 1, 2017; Item 6) Page 2 b) Delegates authority to the Director of the Department of Water Resources (County DWR) to develop and submit the specified notification required to be provided to the State Department of Water Resources (State DWR); c) Delegates authority to the Director of County DWR to withdraw or modify the County GSA notification in specified circumstance; and d) Delegates authority to the Director of County DWR to do and take actions necessary to fulfill the purposes of this resolution. Measures/Evaluation Not applicable to this agenda it Fiscal Impact There is no fiscal impact associated with this item. Costs for future groundwater management activities will be brought before your Board for consideration as appropriate. BACKGROUND On September 16, 2014, the California Legislature enacted the Sustainable Groundwater Management Act of 2014 (SGMA) providing legislation to strengthen local control and management of groundwater basins and sub-basins in the state, as defined in California Department of Water Resources` (State DWR's) Bulletin 118 and recently updated basin boundary modifications. SOMA provides a regulatory framework for sustainable management of groundwater sub-basins by local water districts, water management agencies, and land use agencies (collectively, local agencies). SGMA requires the establishment of groundwater sustainability agencies or GSAs to provide governance over groundwater management in each sub-basin. Eligible local agencies can submit a filing to State DWR to form a GSA over areas of the groundwater sub-basin within their existing boundary. A sub-basin can be managed by one GSA or by multiple smaller GSAs, provided that all GSAs within a sub-basin collectively work to sustainably manage the entire groundwater sub-basin. SGMA requires that all areas within groundwater sub-basins in the state be covered by a GSA on or before June 30, Areas that are not covered by a GSA are considered unmanaged and will render the sub-basin subject to probationary status and state intervention, which could include extraction reporting and associated fees. Counties can accept GSA responsibility for areas within the county that are otherwise unmanaged. Sacramento County overlies four groundwater sub-basins as defined in State DWR's Bulletin 118. The North American sub-basin is north of the American River and includes portions of Placer and Sutter counties. The South American sub-basin is south of the American River and north of the Cosumnes River and is wholly within Sacramento County. The Cosumnes sub-basin is south of the Cosumnes River and north of San Joaquin County, and contains a portion of
3 Public Hearing To Consider Adopting A Resolution Accepting Groundwater Sustainability Agency Responsibility For Subbasin Areas Within Sacramento County Remaining Unmanaged On June 30, 2017 (Hearing Set And Continued from March 1, 2017; Item 6) Page 5 information to stakeholders via an distribution list as well as public announcements at groundwater related meetings. FINANCIAL ANALYSIS: There is no fiscal impact associated with this item. Costs for future groundwater management activities will be brought before the Board for consideration as appropriate. Respectfully submitted, APPROVED: NAVDEEP S. GILL County Executive MICHAEL L. PETERSON, Director Department of Water Resources By: ROBERT B. LEONARD Chief Deputy County Executive Attachments: RES Resolution Accepting Presumed Groundwater Sustainability Agency Responsibility ATT 1 Sacramento County Groundwater Sub-basin Map ATT 2 Sacramento County Groundwater Sustainability A gencies ATT 3 Sacramento County Current Unmanaged Areas
4 COUNTY OF SACRAMENTO RESOLUTION NO RESOLUTION ACCEPTING PRESUMED GROUNDWATER SUSTAINABILITY AGENCY RESPONSIBILITY FOR GROUNDWATER SUBBASIN AREAS WITHIN SACRAMENTO COUNTY THAT REMAIN UNMANAGED ON JUNE 30, 2017 WHEREAS, on September 16, 2014, the California Legislature signed the Sustainable Groundwater Management Act (SGMA) into law; WHEREAS, SGMA provides a framework for sustainable groundwater management by local water supply, water management and land use agencies (hereinafter identified as "local agencies") within identified groundwater subbasins; WHEREAS, SGMA defines groundwater subbasins as identified in "Bulletin 118", a report by the State Department of Water Resources last updated in 2016 (Bulletin 118 Interim Update 2016, December 22, 2016); WHEREAS, the California Department of Water Resources (DWR) has classified Sacramento County subbasins as either medium or high priority; June 30, 2017; WHEREAS, SGMA requires management of medium and high priority subbasins by WHEREAS, failure to notify DWR of subbasin management by June 30, 2017 exposes groundwater extractors to extraction reporting and probationary status; WHEREAS, the SWRCB may, after notice and hearing, declare a subbasin probationary and intervene in its management if that subbasin is not fully managed on or after June 30, 2017; WHEREAS, SGMA allows for flexibility in groundwater management, but requires coordination between local agencies and interested parties in the formation of groundwater sustainability agencies (GSA) to manage a subbasin; WHEREAS, SGMA presumes that a county will manage subbasin areas within its jurisdiction not governed by a GSA on or after June 30, 2017; WHEREAS, SGMA requires a county accepting presumed GSA responsibilities to provide specified notification of its acceptance to DWR by June 30, 2017; and WHEREAS, SGMA requires a new notification to DWR when material changes from an original notification have occurred.
5 Page 2 NOW, THEREFORE, BE IT RESOLVED The Sacramento County Board of Supervisors: 1. Incorporates the foregoing recitals as set forth herein; 2. Accepts presumed GSA management responsibility pursuant to California Water Code on behalf of Sacramento County for areas overlying medium and high priority groundwater subbasins within the County of Sacramento that are unmanaged on June 30, 2017; 3. Delegates authority to the Director of the Department of Water Resources to develop and submit the specified notification required to be provided to DWR to fulfill the purposes of this resolution; 4. Delegates authority to the Director of the Department of Water Resources to withdraw or modify the County presumed GSA notification to DWR to fulfill the purposes of this resolution; and 5. Delegates authority to the Director of the Department of Water Resources to do and take actions necessary to fulfill the purposes of this resolution. On a motion by Supervisor Nottoli, seconded by Supervisor Kennedy, the foregoing Resolution was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this 11th day of April, 2017, by the following vote, to wit: AYES: NOES: Supervisors, Frost, Kennedy, Nottoli None FIL D ABSENT; ABSTAIN: None Peters, Serna BY CLERK OF THE BOARD RECUSAL: None EFORM ACT ( ) Chair of the Board of Supervisors of Sacramento County, California In accordance with Section of the Government Code of be Stab of Galkwiticopy of the document has teen deb be-okere Bawd of figenasers, County of &fh011e on Clerk, Board of Supervisors fly Deputy Clerk, Board of Supervisors
6 ATTACHMENT 1 Boundaries Sacrarnenlo Count's, Subbasins Neighboring Subbasins County Boundary U I -Nov-2016 Sacramento County, California Sacramento County Water Agency E I Sacramento County Supervisorial Districts L _ A and GW Subbasins COMAJltd, MARCH 2017 ATTACHMENT
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9 April 11, 2017 Department of Water Resources
10 IORTH AMERICAN SUBBASIN SOUTH AmgizicAN SUBBASIN
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14 5 -QAT Currently Unmanaged Area, County -GSA Area No. 2 Rec1am4tion Districts Pursuing to Become GSA(s :iurtiand Inmanaged Are (included in S Alternative Sub April 11, 2017 Department of Water Resources
15 Currently Unrnaj ged Area - County GS' Area No. 3 April 11, 2017 Department of Water Resources 7
16 By taking today's action the Countywr staff to take the necessary actions to accept GSA management responsibility pursuant to California Water Code for any area in the county that remains unmanaged on June 30, County will withdraw/amend application if another eligible entity submits to be the GSA within the County's management area The County Board of Supervisors will act as interim governance body until a different governance body is established April 11, 2017 Department of Water Resources 3Ac RANA
17 - Avoid state intervention into loca groundwa management Avoid state mandated extraction reporting and associated fees for well owners who pump more than 2 acre-feet annually (domestic extractors of less than 2 acre-feet annually are exempt) Allows additional time for eligible entities to coordinate and collaborate with the County, and assume governance responsibilities April 11, 2017 Department of Water Resources 9 SAC Fklyvril-:;. : :
18 == Open public hearing to consicreia - - responsibility for unmanaged areas Consider public testimony and comments regarding the matter Close the public hearing and adopt the proposed resolution accepting GSA management responsibility for areas of Sacramento County that remain unmanaged on June 30, 2017 April 11,2017 Department of Water Resources 10,SACK,A_Mtjj,:l."1(
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