Board of Supervisors May 9, 2017 Sustainable Groundwater Management Act & Formation of the Eastside San Joaquin Groundwater Sustainability Agency Board of Supervisors May 9, 2017

Sustainable Groundwater Management Act Background On September 16, 2014, Governor Brown signed SB 1168 (Pavley), SB 1319 (Pavley) and AB 1739 (Dickinson) resulting in the Sustainable Groundwater Management Act (SGMA). The SGMA is designed to provide a framework for improved groundwater management by local agencies.

Sustainable Groundwater Management Act The SGMA provides local agencies with the tools to manage groundwater basins in a sustainable manner over the long‐term and allows for limited state intervention when necessary to protect groundwater resources. More specifically, it establishes: a definition of sustainable groundwater management; establishes local agencies to develop plans and implement strategies to sustainably manage groundwater resources; prioritizes basins with the greatest problems (ranked as high and medium priority) and sets a 20 year timeline for implementation.

Sustainable Groundwater Management Act “Sustainable groundwater management” means management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results.

Sustainable Groundwater Management Act January 1, 2015 – Legislation went into effect. June 30, 2017 – Local Groundwater Sustainability Agencies (GSAs) must be formed. January 31, 2020 – Groundwater Sustainability Plans (GSPs) must be completed for basins in a critical condition of overdraft. January 31, 2022 – GSPs must be completed in all other high‐ and medium‐priority basins not currently in overdraft. Twenty years after adoption of the GSP (2040 and 2042) – all high‐and medium‐priority groundwater basins must achieve sustainability.

Sustainable Groundwater Management Act SGMA promotes coordinated management of an entire groundwater basin In lieu of the state managing groundwater at the local level, any local agency or combination of local agencies overlying a groundwater basin may form a Groundwater Sustainability Agency (GSA) for the basin. (June 30, 2017) In high‐and medium‐priority basins, GSAs will need to prepare Groundwater Sustainability Plans (GSPs) which can build on the regions existing groundwater plans. (January 31, 2020)

Sustainable Groundwater Management Act San Joaquin Groundwater Basin This basin is a high priority basin that is currently in a state of overdraft pursuant to Department of Water Resources (DWR) Bulletin 118.

Sustainable Groundwater Management Act The East San Joaquin Groundwater Sub-basin incorporates approximately seventy square miles of Calaveras County.

Sustainable Groundwater Management Act East San Joaquin Ground Water Sub-basin A 3-dimensional view of the wells in Calaveras County reveals the differences regarding well depth and yield between the hard rock area (off-basin), where yields and depth may change drastically within few feet, and the more homogenous area where the East San Joaquin Groundwater Sub-basin reaches into the county. Run 3D Animation

Sustainable Groundwater Management Act Development of a GSA SGMA amends planning and zoning law to require increased coordination between land use planning agencies and groundwater sustainability agencies regarding groundwater plans and updates and modifications of General Plans. Therefore SGMA can have a direct impact on land use issues over the approximately 70 square miles of the County that encompasses the East San Joaquin Groundwater Basin.

Sustainable Groundwater Management Act Development of a GSA A GSA must consider the interests of a variety of different stakeholders, including beneficial users of water, environmental interests, disadvantaged communities, tribes and others, and conduct outreach to them. GSA’s can choose among numerous new tools and authorities, including the authority to conduct investigations, determine the sustainable yield of a groundwater basin, measure and limit extraction, impose fees for groundwater management and enforce the terms of a groundwater sustainability plan.

Eastside San Joaquin Groundwater Sustainability Agency Formation of the Eastside San Joaquin Groundwater Sustainability Agency (GSA) The portions of the two counties that overlie the East San Joaquin Groundwater Sub-basin are similar with regard to geologic structure and could create a unique identity within the sub-basin. The joint GSA will present opportunities to leverage and share technical expertise and resources within the region. The joint GSA will present opportunities to leverage a regional approach for pursuing grant opportunities and state funding.

Eastside San Joaquin Groundwater Sustainability Agency Formation of the Eastside San Joaquin Groundwater Sustainability Agency (GSA) County representatives have met with Stanislaus and CCWD staff and elected officials on several occasions to discuss a proposed joint filing as a GSA. During the meetings, it was determined that for the purposes of meeting the June 30, 2017 deadline, it was best to establish an MOU whereby regional entities would file jointly as a GSA. The MOU that supports formation of the proposed “Eastside San Joaquin GSA” has been signed by Stanislaus County, Rock Creek Water District (Stanislaus County) and CCWD. Upon execution of the MOU, the agencies had 30 days to file a Notice of Intent (NOI) to form the multi-agency with the Department of Water Resources (DWR).

Eastside San Joaquin Groundwater Sustainability Agency Formation of the Eastside San Joaquin Groundwater Sustainability Agency (GSA) Ninety days after DWR posts the submitted notice, the Eastside San Joaquin GSA will be deemed the exclusive GSA for its area provided no other agency files.  After the GSA is deemed exclusive, an amended MOU or JPA can then be filed that will include Calaveras County as a member. 

Eastside San Joaquin Groundwater Sustainability Agency Election and Intention to form a Groundwater Sustainability Agency (GSA) Section 10723.8 of the Water Code requires that the local agency electing to be a GSA notify DWR of its election and intention to undertake sustainable groundwater management within a basin. It is therefore necessary for the Board of Supervisors to declare their intention for Calaveras County to become a GSA under the SGMA prior to June 30, 2017 and inform DWR of such decision. This election and intention of forming the GSA must be done by resolution of the Board as attached. Additionally, pursuant to Section 10723 (b) of the Water Code, this item as heard by the Board constitutes a public hearing in the county overlying the basin.

Eastside San Joaquin Groundwater Sustainability Agency Steps to develop a GSA and proposal to join the Eastside GSA Notice of Intent. Within thirty (30) days of electing to be a GSA, the Agencies must submit a Notice of Intent (“NOI”) to DWR of their election and intent to undertake sustainable groundwater management. The NOI must include the following, as applicable: The Agencies’ boundaries and a description of the portion of the Sub-basin that the Agencies are managing; A description of the proposed portion of the Sub-basin that the Agencies intend to manage; A list of other GSAs operating within the Sub-basin; A copy of the Agencies’ resolutions; A copy of any bylaws, ordinances, or authorities adopted by the Agencies; and A list of interested parties in the Sub-basin developed in accordance with Water Code section 10723.2. The Agencies need to detail how the interests of these parties were considered in the development of the GSA, the operation of the GSA, and in the development and implementation of a Groundwater Sustainability Plan. After declaring to become a GSA, it is recommended that the County join the Eastside GSA through amended MOU or JPA. The proposed Eastside GSA NOI was filed with DWR the week of May 1st.

Eastside San Joaquin Groundwater Sustainability Agency Proposal to Join the Eastside San Joaquin Groundwater Sustainability Agency (GSA)

SGMA / GSA A brief history of Calaveras County actions associated with groundwater: June 1998 – The Board adopts Ordinance #2547 establishing Well Construction and Destruction standards. August 16, 1999 – The Board adopts Ordinance #2589 and Ordinance #2590 adopting Proof of Groundwater pertaining to Land Development. October 10, 2000 – The Board adopts Resolution #00-281 establishing the Local Agency Groundwater Protection Program.

SGMA / GSA January 22, 2002 – The Board adopts #2681 adopting standards regulating the extraction and transfer of groundwater – Groundwater Management Ordinance. March 2005 – The Board adopts Ordinance #2833, Ordinance #2834 and Ordinance #2835 further defining Proof of Groundwater requirements pertaining to Land Development. May 6, 2008 – The Board adopts Ordinance #2946 which is an updated version of the Well Construction and Destruction standards. March 12, 2013- The Board adopts amendments to the requirements for Accessory Dwellings including Proof of Groundwater Standards.

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