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Resolution No. 3055-17 Withdraw as Sustainability Agency2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 037627\0142\15635566.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 037627\0142\1 5635566.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 037627\01 42\15635566.1 Randy Vogelgesang, Board President South Tahoe Public Utility District