Resolution No. 3055-17 Withdraw as Sustainability Agency2
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RESOLUTION NO. 3055-17
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ELECTING TO WITHDRAW AS
THE GROUNDWATER SUSTAINABILITY AGENCY FOR THE PORTION OF THE TAHOE VALLEY
SOUTH GROUNDWATER BASIN OUTSIDE OF ITS SERVICE AREA BOUNDARIES
PURSUANT TO THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT
WHEREAS, the California Legislature has adopted, and the Governor has signed
into law, the Sustainable Groundwater Management Act of 2014 ("Act"), which
authorizes local agencies to manage groundwater in a sustainable fashion; and
WHEREAS, the legislative intent of the Act is to provide for sustainable
management of groundwater basins, to enhance local management of groundwater,
to establish minimum standards for sustainable groundwater management, and to
provide local agencies with the authority and the technical and financial assistance
necessary to sustainably manage groundwater; and
WHEREAS, in order to exercise the authority granted in the Act, a local agency or
combination of local agencies must elect to become a groundwater sustainability
agency ("GSA"); and
WHEREAS, the South Tahoe Public Utility District ("District") and the EI Dorado
County Water Agency ("County Water Agency") are each a local agency, as the Act
defines that term; and
WHEREAS, the District overlies a portion of the Tahoe Valley South Groundwater
Basin (designated basin number 6-5.01 in the California Department of Water
Resources' CASGEM groundwater basin system) ("TVS Basin"), which has been
designated as a medium -priority basin pursuant to the Department of Water Resources'
("DWR") initial prioritization; and
WHEREAS, the County Water Agency overlies the entire TVS Basin; and,
WHEREAS, the Act requires that a GSA or a combination of GSAs be elected for
all basins designated by DWR as a medium -priority basin by June 30, 2017; and
WHEREAS, the District adopted Resolution No. 2986-15 electing to be the GSA for
the portion of the TVS Basin within its service area boundaries on July 16, 2016, submitted
its GSA Formation Notification to DWR on August 12, 2015 ("2015 GSA Formation
Notification"), and was recognized as the exclusive GSA for this portion of the TVS Basin
on November 17, 2015 ("District Territorial GSA"); and
WHEREAS, the District adopted Resolution No. 3040-16 electing to be the GSA for
the portion of the TVS Basin outside its service area boundaries on September 15, 2016,
submitted its GSA Formation Notification to DWR on September 16, 2016 ("2016 GSA
Formation Notification"), and was recognized as the exclusive GSA for this portion of the
TVS Basin on September 15, 2016 ("District Extraterritorial GSA"); and
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WHEREAS, recent discussions with the State Water Resources Control Board
("SWRCB") have raised concerns about a local agency forming a GSA outside of its
service area boundaries. These concerns raise a risk that the 2016 GSA Formation
Notification may be considered invalid and that the TVS Basin could potentially be
designated as "probationary" by the SWRCB and be put under the SWRCB
management; and
WHEREAS, it is in the best interest of the District and the County Water Agency for
the County Water Agency to become the GSA for the portion of the TVS Basin outside
of the District's service area boundaries in order to avoid potential intervention by the
SWRCB and to retain local control of the TVS Basin groundwater resources ; and
WHEREAS, on May 17, 2017, the County Water Agency intends to hold a public
hearing to consider whether it should elect to become the GSA for the portion of the
TVS Basin outside of the District's service area boundaries; and
WHEREAS, in anticipation of the County Water Agency becoming the GSA for the
portion of the TVS Basin outside of the District's service area boundaries, the District
intends to withdraw as the District Extraterritorial GSA effective upon the County Water
Agency being recognized as the exclusive GSA for the portion of the TVS Basin outside
the District's service area boundaries; and
WHEREAS, the District and the County Water Agency intend to enter into an
Amended and Restated Memorandum of Understanding to continue to cooperatively
manage the TVS Basin and agreeing to implement the Act in the TVS Basin; and
WHEREAS, neither this Resolution or the notice of intent to withdraw the 2016 GSA
Formation Notification that the District submits to DWR notifying DWR that the District has
elected to withdraw as the District Extraterritorial GSA for the portion of the TVS Basin
outside of its service area boundaries ("GSA Withdrawal Notification") shall have any
effect on the 2015 GSA Formation Notification or on DWR's previous recognition of the
District as the exclusive GSA for the portion of the TVS Basin within the District's service
area.
THEREFORE, BE IT RESOLVED by the Board of Directors of the South Tahoe Public
Utility District, as follows:
1. The District hereby elects to withdraw as the District Extraterritorial GSA for
the portion of the TVS Basin outside of its service area boundaries effective
upon the County Water Agency being recognized as the exclusive GSA
for the portion of the TVS Basin outside the District's service area
boundaries.
2. Within thirty days of the date of this Resolution, the District's General
Manager is directed to provide the GSA Withdrawal Notification to DWR in
the manner required by law.
3. The District shall enter into an Amended and Restated Memorandum of
Understanding with the County Water Agency formalizing the District and
the County Water Agency's agreement to continue to cooperatively
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manage the TVS Basin and agreeing to implement the Act in the TVS
Basin.
4. The District's Board of Directors wishes to satisfy the requirements of the
Act as quickly as may be feasible and to ensure that the TVS Basin is
sustainably managed in compliance with the Act at the earliest possible
date. To this end, District staff is directed to report back to the District's
Board of Directors at least quarterly on the District's progress toward
bringing the TVS Basin into compliance with the Act.
5. All the recitals in this resolution are true and correct and the District so
finds, determines and represents.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution No. 3055-17 was duly adopted and passed by the Board of Directors of the
South Tahoe Public Utility District at a regularly scheduled meeting held on the 4th day
of May, 2017, by the following vote:
AYES: JONES, VOGELGESANG, SHEEHAN, WALLACE
NOES: NONE
ABSENT: CEFALU--��
ATTEST:
Sz�
Melonie Guttry, Clerk of the oard
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Randy Vogelgesang, Board President
South Tahoe Public Utility District