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HomeMy WebLinkAbout13 1 Attachement r2016-28 Alternative Submittal Resolution No. 2016-28 APPROVING THE MARTIS VALLEY GROUNDWATER BASIN SUSTAINABLE GROUNDWATER MANAGEMENT ACT ALTERNATIVE SUBMITTAL W HEREAS, the Sustainable Groundwater Management Act (“SGMA”), as amended and codified in California W ater Code §§ 10720, et seq., applies to all groundwater basins in the State of California; and W HEREAS, The legislative intent of SGMA is to prov ide sustainable management of groundwater basins, to enhance local management of groundwater, to establish minimum standards for the sustainable groundwater management, and to prov ide local groundwater agencies with the authority and the technical and financial assistance necessary to sustainably manage groundwater; and W HEREAS, SGMA requires “sustainable groundwater management” for all groundwater basins or sub-basins that are designated as high- or medium-priority basins by the Department of W ater Resources (“Department”) in the Department’s report entitled “California’s Groundwater: Bulletin 118” (“Bulletin 118”); and W HEREAS, The Martis Valley Groundwater Basin (“MVGB”) is located in both Nevada County and Placer County and has been designated by the Department as Basin No. 6-67 and is currently designated a medium-priority basin; and W HEREAS, SGMA defines a “local agency” as a local public agency that has water supply, water management, or land use responsibilities within a groundwater basin; and W HEREAS, there are a total of six qualifying local agencies with jurisdiction ov er MVGB, which include the County of Nev ada, the County of Placer, the Town of Truckee, the Truckee Donner Public Utility District, the Placer County W ater Agency and the Northstar Community Serv ices District, collectiv ely referred to as “Partners” and who wish to cooperate in sustainable groundwater management and compliance with SGMA; and W HEREAS, SGMA provides that any local agency or combination of local agencies overlying a groundwater basin have discretion to become a groundwater sustainability agency (“GSA”) for that basin; and W HEREAS, SGMA requires that either: (1) a groundwater sustainability plan (“GSP”) be dev eloped and implemented by the GSA; OR (2) if a local agency or combination of local agencies believes that an alternativ e to a GSP satisfies the objectiv es of SGMA, the local agency may submit the alternative to the Department for ev aluation and assessment no later than January 1, 2017, and ev ery fiv e years thereafter; and W HEREAS, the Partners believ e that an alternativ e to a GSP will satisfy the objectiv es of SGMA becaus e the basin has been operated within sustainable yield for at least the last 10 years, a fact that has been documented by a hydrogeologist registered in the State of California; and W HEREAS, the Partners wish to collectiv ely submit an alternativ e titled Martis Valley Groundwater Basin Sustainable Groundwater Management Act Alternative Submittal (“Alternativ e Submittal”) to the Department; and W HEREAS, the Truckee Donner Public Utility District has led the preparation of the Alternativ e Submittal, with input and rev iew by all Partners and a hydrogeologist registered in the State of California; and W HEREAS, the Alternativ e Submittal lev erages the Martis Valley Groundwater Management Plan adopted in 2013, the Truckee Riv er Operating Agreement, enacted under Federal Law to restrict and monitor surfac e water and groundwater use, and a body of scientific work that demonstrates the existence of sustainable groundwater management in MVGB for at least 10 years; and W HEREAS, the Alternative Submittal addresses the six undesirable results that hav e been identified by the Department and is believed by the Partners to be functionally and substantially compliant with SGMA and applicable requirements of the Department; and W HEREAS, based on the abov e findings, the Partners intend to submit the Alternativ e Submittal to the Department by the due date set by SGMA of January 1, 2017, and, subject to approv al of the Department, intend to continue sustainable groundwater management of the MVGB in accordance with the Alternativ e Submittal and without formation of a GSA or preparation of a GSP. NOW, THEREFORE, THE BOARD OF DIRECTORS OF T HE TRUCKEE-DONNER PUBLIC UTILIT Y DISTRICT DOES RESOLVE AS FOLLOWS: Section 1. The Alternativ e Submittal has been rev iewed by the Truckee Donner Public Utility District and is found to prov ide for the legislative intent of SGMA and qualify the MVGB as eligible for an alternativ e to a GSP. Section 2. The Alternativ e Submittal, in substantially the same form as attached to this Resolution, is approv ed by the Truckee Donner Public Utility District and it is requested that the Alternative Submittal be submitted to the Department for rev iew and approval by the District on behalf of all Partners. Section 3. Subject to the Department’s approv al of the Alternativ e Submittal, the Truckee Donner Public Utility Distric t wishes to continue participation in sustainable groundwater management with the Partners. Section 4. Approv al of this Resolution and the Alternativ e Submittal are exempt from the California Environmental Quality Act based on a legislative exemption prov ided in SGMA, W ater Code Section 10728.6, and for purposes of protection of natural resources and the env ironment, per CEQA guidelines Sections 15307 and 15308. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the Dis trict on the sev enth day of December of 2016 by the following roll call v ote: AYES: Directors: Ellis, Bender, W armerdam, Laliotis, and President Aguera. NOES: None. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT _____________________________ Joseph Aguera, President ATTEST: _____________________________ Michael D. Holley, District Clerk