Santa Clara Valley Water District File No.: 16-0304 Agenda Date: 5/24/2016 Item No.: 2.7. BOARD AGENDA MEMORANDUM SUBJECT: Public Hearing and Resolution on the Decision to Become the Groundwater Sustainability Agency for the Santa Clara and Llagas Subbasins. RECOMMENDATION: A. Conduct the public hearing on the Decision to Become the Groundwater Sustainability Agency for the Santa Clara and Llagas Subbasins; B. Adopt the Resolution DECISION TO BECOME THE GROUNDWATER SUSTAINABILITY AGENCY FOR THE SANTA CLARA AND LLAGAS SUBBASINS; and C. Authorize the Interim Chief Executive Officer or designee to submit the resolution and a Notice of Intent to the California Department of Water Resources (DWR). SUMMARY: The Sustainable Groundwater Management Act (SGMA) was enacted by the state legislature in 2014 to ensure sustainable management of groundwater in California. For basins designated as high or medium priority by the state, SGMA requires the identification of a local agency that will manage the basin by June 30, 2017. This could be a local agency with statutory authority to manage groundwater or a Groundwater Sustainability Agency (GSA). SGMA designates the Santa Clara Valley Water District (District) as the exclusive local groundwater management agency within its statutory boundary, which coincides with Santa Clara County. SGMA provides GSAs with access to various powers and authorities to ensure sustainable management. The Santa Clara and Llagas Subbasins in Santa Clara County are medium and high priority basins, respectively (Attachment 1), and are subject to SGMA requirements. For many decades, the District has sustainably managed these subbasins through authorities provided by the District Act. The District s comprehensive groundwater management strategy and programs are described in the 2012 Groundwater Management Plan, which was adopted by the District Board of Directors. This public hearing is being held pursuant to Water Code Section 10723, and provides an opportunity for any interested person to provide comments on the District decision to become the GSA for the Santa Clara and Llagas Subbasins. Staff recommends that the Board adopt the Santa Clara Valley Water District Page 1 of 4 Printed on 5/17/2016 powered by Legistar
File No.: 16-0304 Agenda Date: 5/24/2016 Item No.: 2.7. resolution to decide to become the GSA for the Santa Clara and Llagas Subbasins (Attachment 2). This action will confirm the District s role as the local groundwater management agency, ensure access to SGMA authorities, and preserve access to funding or other opportunities that may be limited to GSAs. Staff also recommends that the Board authorize the Chief Executive Officer or her designee to submit the resolution and required Notice of Intent to DWR. Background Management of Santa Clara County s groundwater resources is critical to support Silicon Valley s vibrant economy. Groundwater provides nearly half the water used in the county and is the sole drinking water source in South County. About 150,000 acre-feet of groundwater is pumped annually, far exceeding the amount naturally replenished. The Santa Clara and Llagas Subbasins transmit, filter, and store huge quantities of water and serve as the county s best protection against drought or extended system outages. The District was formed in 1929 to address unsustainable groundwater pumping and related effects, including overdraft and land subsidence. While many areas of the State are observing chronic overdraft and subsidence, Santa Clara County is recognized as an area where these issues have been, and continue to be, successfully addressed through sustainable groundwater management. Groundwater Management Authorities The District manages the Santa Clara and Llagas Subbasins through broad statutory authority granted by the District Act to recharge groundwater basins; conserve, manage and store water for beneficial and useful purposes; increase water supply; protect surface water and groundwater from contamination; prevent waste and diminution of the District s water supply; and do any and every lawful act necessary to ensure sufficient water is available for present and future beneficial uses within the Santa Clara County. The District Act also allows for the creation of zones and the levy of groundwater charges to fund water supply activities within those zones. SGMA does not affect any existing District authorities, but provides access to new tools that may be needed to ensure sustainability. Potential new authorities include the ability to restrict or allocate pumping and control well spacing or operation. Additional methods for collecting fees, including fixed or tiered fees, are also available through SGMA. The District will work closely with stakeholders prior to implementing any new authority. Decision to Become the GSA for the Santa Clara and Llagas Subbasins SGMA lists the District as the exclusive groundwater management agency within its statutory Santa Clara Valley Water District Page 2 of 4 Printed on 5/17/2016 powered by Legistar
File No.: 16-0304 Agenda Date: 5/24/2016 Item No.: 2.7. boundary and no other agency can become a GSA in Santa Clara County unless the District decides to opt out of that distinction. SGMA is vague on the advantages, if any, between being an exclusive groundwater management agency or a GSA, including whether SGMA authorities identified for a GSA are also available to exclusive groundwater management agencies. The staff proposal to become the GSA for the Santa Clara and Llagas Subbasins has been discussed with the Water Retailers Committee and Water Retailers Groundwater Subcommittee. The primary interest of the retailers is to be involved as the District updates its Groundwater Management Plan and considers implementation of any new authorities. The District will continue to work closely with water retailers and receive input from other interested stakeholders to ensure continued, sustainable management of local groundwater. Staff recommends that the District decide to become the GSA for the Santa Clara and Llagas Subbasins. Although no other agency could be the GSA unless the District opts out, this action will confirm the District s role with regard to local SGMA compliance and ensure that related authorities are available if needed. This will also ensure District access to funding or other opportunities that may be limited to GSAs. Pursuant to Water Code Sections 10723 and 10723.8, the decision to become the GSA requires a public hearing, Board Resolution (Attachment 2), and submittal of a Notice of Intent to DWR. Other Subbasins in Santa Clara County In addition to the Santa Clara and Llagas Subbasins, Santa Clara County includes small portions of five subbasins in San Mateo, Alameda, and San Benito Counties as shown in Attachment 1. The portions of the subbasins overlapping with San Benito County are required to be managed per SGMA. The San Mateo Plain is ranked as a very low priority basin and does not require further action under SGMA at this time. However, the District is coordinating with San Mateo County staff on their subbasin characterization efforts. Areas of overlap with Alameda County and San Benito County relating to county boundaries are being resolved through DWR adjustments. A GSA for the medium priority Hollister and San Juan Bautista Subbasins (including the small portions in Santa Clara County) must be identified by June 30, 2017. These subbasins are primarily located within San Benito County, and the San Benito County Water District manages groundwater in their jurisdiction. The District does not conduct groundwater management activities in the Hollister or San Juan Bautista Subbasins. Staff will continue to discuss areas of overlap with the San Benito County Water District and will bring related information back to the Board by December 2016. Santa Clara Valley Water District Page 3 of 4 Printed on 5/17/2016 powered by Legistar
File No.: 16-0304 Agenda Date: 5/24/2016 Item No.: 2.7. FINANCIAL IMPACT: There is no financial impact associated with this item. CEQA: The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment. ATTACHMENTS: Attachment 1: SC County Groundwater Subbasins Map w/dwr Basin Prioritization Attachment 2: Resolution : PowerPoint UNCLASSIFIED MANAGER: Garth Hall, 408-630-2750 Santa Clara Valley Water District Page 4 of 4 Printed on 5/17/2016 powered by Legistar
Attachment 1 Santa Clara County Groundwater Subbasins with DWR Basin Priority Ranking Attachment 1 Page 1 of 1
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Public Hearing to become the Groundwater Sustainability Agency for the Santa Clara and Llagas Subbasins May 24, 2016 Page 1 of 8
Sustainable Groundwater Management Act (SGMA) Framework for sustainable management in CA Applies to basins designated as medium or high priority by the state Provides for formation of local Groundwater Sustainability Agencies (GSAs) Requires local sustainability plans Provides tools to GSAs 2 Page 2 of 8
Santa Clara County Subbasins SGMA applies to the Santa Clara and Llagas Subbasins Strong groundwater management framework ensures continued sustainability 3 Page 3 of 8
Historical Undesirable Results Groundwater overdraft Lower water levels Reduced reliability Land subsidence Salt water intrusion 4 Page 4 of 8
Sustainable groundwater management 5 Page 5 of 8
Comprehensive groundwater management Basins in long-term balance due to Managed recharge of local and imported water Treated water deliveries, conservation, and recycling Groundwater protection programs Coordination with retailers and others 6 Page 6 of 8
Groundwater Sustainability Agencies (GSAs) Any local agency or combination of agencies overlying a basin can decide to be a GSA Agencies with statutory authority are the exclusive local agencies to comply with the Act 7 Agencies with Statutory Authority to Manage Groundwater (Water Code Section 10723) Alameda County Water District Desert Water Agency Fox Canyon GWMA Honey Lake Valley GWMD Long Valley GWMD Mendocino City CSD Mono County Tri-Valley GWMD Monterey Peninsula WMD Ojai GWMA Orange County Water District Pajaro Valley WMA Santa Clara Valley Water District Sierra Valley Water District Willow Creek GMA Zone 7 Page 7 of 8
Recommendations Adopt the resolution to decide to be the Groundwater Sustainability Agency for the Santa Clara and Llagas Subbasins To confirm the District s role as local groundwater manager, ensure access to SGMA authorities and opportunities that may only be available to GSAs Authorize the CEO or her designee to submit the resolution and Notice of Intent to DWR 8 Page 8 of 8