Resolution No. 3040-16 Electing Groundwater Sustainability Agency1
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RESOLUTION NO. 3040-16
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT ELECTING TO BECOME 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") is 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 designed as a
medium -priority basin pursuant to the Department of Water Resources' ("DWR") initial
prioritization; and
WHEREAS, the Act requires that a GSA be elected for all basins designated by the
Department of Water Resources 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 on July 16, 2015, 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 GSA"); and
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WHEREAS, in addition to its commitment to the sustainable management of the
groundwater resources within its service area, the District is committed to the sustainable
management of the entire TVS Basin as shown by, among other actions, its adoption of a
Groundwater Management Plan for the TVS Basin in December 2014 ("2014 GWMP") and
its creation of a Stakeholder Advisory Group ("SAG") to participate in the process; and
WHEREAS, the Agency is authorized under the EI Dorado County Water Act to
protect, maintain, and manage surface and groundwater within the Agency's service
areas; and
WHEREAS, historically, the District and the EI Dorado Water Agency ("Agency")
have worked cooperatively to manage the TVS Basin, including working together to
develop both the original Groundwater Management Plan adopted in 2000 and the
updated 2014 GWMP; and
WHEREAS, the District and the Agency have also worked cooperatively to
implement the 2014 GWMP throughout the entire TVS Basin -including within the areas
outside of the District's service area boundaries -through the Agency's significant financial
contributions to fund implementation activities and through its active participation on the
SAG; and
WHEREAS, on this day, the District held a public hearing to consider whether it
should elect to become the GSA for the portion of the TVS Basin outside of its service and
boundaries; and
WHEREAS, concurrent with the adoption of this Resolution, the District and the
Agency intend to enter into a Memorandum of Understanding ("MOU") formalizing the
District and the Agency's agreement to continue to cooperatively manage the TVS Basin
and agreeing to coordinate implementation of the Act in the portion of the TVS Basin
outside of the District's service area boundaries; and
WHEREAS, neither this Resolution nor the Notice of Intent that the District submits to
DWR notifying it that the District has also elected to be the GSA for the portion of the TVS
Basin outside of its service area boundaries ("GSA Formation Notification") will have any
Resolution No. 3040-16
Page 2
September 15, 2016
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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; and
WHEREAS, it is in the best interest of the District and the Agency for the District to
become the GSA for the portion of the TVS Basin outside of its service area boundaries;
1• •
WHEREAS, notice of a hearing on the District's election to become the GSA for the
portion of the TVS Basin outside of its service area boundaries ("Notice") has been
published in the Tahoe Daily Tribune as provided by law; and
WHEREAS, a courtesy copy of the Notice was also mailed to the EI Dorado County
Board of Supervisors and the Agency Board of Directors; and
WHEREAS, adoption of this Resolution does not constitute a "project" under
California Environmental Quality Act Guidelines Section 15378(b) (5), including
organization and administrative activities of government, because there would be no
direct or indirect physical change in the environment.
NOW, THEREFOR BE IT RESOLVED by the Board of Directors of the South Tahoe
Public Utility District as follows:
The District hereby elects to become the GSA for the portion of the TVS
Basin outside of its service area boundaries.
2. Within thirty days of the date of this Resolution, the District's General
Manager is directed to provide a GSA Formation Notification to DWR in
the manner required by law.
3. One of the elements required for submission with the GSA Formation
Notification is a map delineating the boundaries that the District intends to
manage. Pursuant to the GSA Formation Notification, the District intends
to manage the portions of the TVS Basin outside of its service area as
depicted in Exhibit "A" to this Resolution.
4. Concurrent with adoption of this Resolution, the District shall enter into an
MOU with the Agency formalizing the District and the Agency's
agreement to continue to cooperatively manage the TVS Basin and
agreeing to coordinate implementation of the Act in the portion of
the TVS Basin outside of the District's service area boundaries.
Resolution No. 3040-16
Page 3
September 15, 2016
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5. 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.
6. 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. 3040-16 was duly and regularly adopted and passed by the Board of
Directors of the South Tahoe Public Utility District at a regular meeting held on the 15th
day of September, 2016, by the following vote:
AYES: JONES, VOGELGESANG, SHEEHAN WALLACE
NOES: NONE
ABSENT: CEFALU
ATTEST:
Melonie Guttry, Clerk of th card
South Tahoe Public Utility District
Resolution No. 3040-16
Page 2
September 15, 2016
Randy Vogelgesang, Board President
South Tahoe Public Utility District