HomeMy WebLinkAbout13 Alternative Submittal SGMAenda Item #
ACTION
To: Board of Directors
From: Steven Poncelet
Date. December 07, 2016
Subject: Consideration of Sustainable Groundwater Management Act
(SGMA) Alternative Submittal
1. WHY THIS MATTER IS BEFORE THE BOARD
13
The Board has responsibility for stewardship of groundwater resources and
compliance with the Sustainable Groundwater Management Act (SGMA) of 2014.
2. HISTORY
The Sustainable Groundwater Management Act of 2014 (SGMA), requires agencies to
achieve "sustainable groundwater management" by implementing various elements of
the act. Compliance with the act can require a formation of a Groundwater
Sustainability Agency (GSA) by June 30, 2017, and adoption of a Groundwater
Sustainability Plan (GSP) by January 31, 2022. These requirements have been
determined to be very expensive and not appropriate for a healthy, well -managed
basin like the Martis Valley.
However, an "Alternative Submittal" is an option provided in SGMA (CWC 10733.6(b)
(3)) for basins that are believed to already satisfy the objectives of SGMA. The
Alternative Submittal is favorable in terms of avoiding cost to prepare a GSP and, if
desired, does not require the formation of a GSA. To exercise this option, the
Alternative Submittal must provide information that demonstrates a basin has
operated within its sustainable yield over a period of at least 10 years. Alternative
Submittals must be submitted to the State's Department of Water Resources (DWR)
by January 1, 2017; approximately 5-years sooner than the due date for a GSP.
The Martis Valley Groundwater Basin (MVGB) is believed to be a good candidate for
an Alternative Submittal. The basin has been proactively managed under a
groundwater management plan, has a long history of Sustainability, and the Truckee
River Operating Agreement provides an existing regulatory framework. The basin did
not experience any water supply shortages or any long-term adverse effects during
the recent drought. The District, Northstar Community Services District (NCSD), and
Placer County Water Agency (PCWA), as partners in groundwater management,
reached out to the Town of Truckee, Nevada County, and Placer County to coordinate
a plan for complying with SGMA. All six agencies (Local SGMA Agencies) have
agreed that an Alternative Submittal under the basis of operating within sustainable
yield for at least -10-years is appropriate.
The District has taken the lead in preparing the Alternative Submittal. At the August 3,
2016 board meeting, the District awarded a contract to GEI Consultants, registered
hydro geologists in California, to certify that the MVGB has operated within
sustainable yield for at least 10-years. GEI Consultants was the same firm who
previously estimated sustainable yield for the MVGB, are very well respected, and
have first hand experience working in the MVGB and with SGMA. GEI Consultants
review of the extensive amount of available data and science on the Martis Valley
demonstrates that the MVGB has operated within sustainable yield as defined by
SGMA for a period of at least 25 years. In addition, the estimated sustainable yield is
22,000 acre-feet per year (AFY), current annual extractions are estimated to be on the
order of 7,000 AFY, and buildout projections are estimated to be 13,000 AFY.
The District, at the November 2, 2016 board meeting, conducted a workshop to review
the requirements of SGMA and the proposal to comply with an Alternative Submittal.
Key goals of the SGMA Alternative Submittal include continued local stewardship of
the MVGB, compliance with SGMA, and minimizing unnecessary costs and regulatory
burdens. Stakeholder outreach has been conducted in the form of direct
communications with stakeholder organizations relevant to the MVGB. A public
meeting was held on November 14, 2016 in the District's board room as an
opportunity for the public to learn more about SGMA and to provide comments and
feedback on the Alternative submittal and the SGMA process. Information on SGMA,
the requirements for an alternative submittal, and GEI 's preliminary report certifying
that the MVGB has operated within the sustainable yield for 25 years was presented.
To meet the requirements of the Alternative Submittal, the six Local SGMA Agencies
must adopt a resolution approving the document and enter into a Memorandum of
Agreement (MOA) to implement the commitments made. The MOA identifies duties
of the collective group, which include monitoring, annual reporting to DWR, five-year
renewals with DWR, and public outreach. Each party is responsible to coordinate with
the group, participate in identified duties, and share technical expertise and
information.
3. NEW INFORMATION
The SGMA Alternative Submittal, supporting report from GEI Consultants, and the
MOA are all complete and are being considered for action by each of the six Local
SGMA Agencies. District Resolution 2016-28 authorizing the Alternative Submittal is
Attachment 1. The Alternative Submittal demonstrates eligibility based on
sustainability of the aquifer, provides a description of each of the six Local SGMA
Agencies and how we propose to continue groundwater management, and addresses
the six "undesirable results" identified by SGMA guidelines. These undesirable results
are: 1) groundwater levels; 2) storage; 3) water quality; 4) seawater intrusion; 5) land
subsidence; and 6) surface water depletions. A management approach to monitoring
each is of these is described with action thresholds provided, most of which use
monitoring of groundwater levels as a proxy. The Alternative Submittal is attached to
this memorandum, with the appendix containing the GEI Consultant's report removed
due to size (See Attachment 2). A complete Alternative Submittal can be viewed on
the District's website using the following link
( http://www.tdpud.org/departments/water/sgma-alternative-submittal).
The MOA identifies duties of the participating agencies, which include groundwater
monitoring, annual reporting to DWR, five-year renewals with DWR, and public
outreach. Each party is responsible to coordinate with the participating agencies,
participate in identified duties, and share technical expertise and information. The
MUA provides for budgeting between the six parties, an administering manager to
lead the implementation efforts, and a Management Committee of one representative
and an alternate from each participating agency. District Counsel participated in the
preparation of the MOA with legal counsel from the other Local SGAM Agencies. The
MOA is included as an attachment in the Alternative Submittal and is listed separately
as Attachment 3.
The MOA requires the appointment of a Management Committee member and Cl"
alternate. The Management Committee will typically have quarterly meetings, with at
least one per year being publicly noticed. It is anticipated that these meetings will
coordinate efforts to collect and assemble data towards the preparation of annual
reports. The publicly noticed meeting is anticipated to be a workshop to present
results to stakeholders before submitting reports to DWR. It is recommended that the
District's Public Information and Conservation Manager be appointed to the
Management Committee, with the Water Superintendent as alternate.
Approval of the Alternative Submittal and the MOA are exempt from the California
Environmental Quality Act. These actions have been determined to be exempt based
on a legislative exemption provided in SGMA, Water Code Section 10728.6, and for
purposes of protection of natural resources and the environment, per CEQA
guidelines Sections 15307 and 15308.
4. FISCAL IMPACT
The MOA provides for a budget to prepare the Alternative Submittal, at a cost of
approximately $32,000, with the District's portion approximately $7,000, The MOA
also includes a total budget of $30,000 to respond to DWR comments, and a total on-
going operating budget estimated to be $30,000 in the first year. Per terms of the
MOA, the cost to respond to DWR comments and for first year compliance will be
shared equally amongst the six Local SGMA Agencies. Sufficient funds exist in the
FY16 and FY17 Water Department budgets for these expenditures.
5. RECOMMEN®AYION
1) Adopt Resolution 2016-28 approving the Martis valley Groundwater Basin
Sustainable Groundwater Management Act Alternative Submittal;
2) Approve a Memorandum of Agreement (MOA), in substantially the same form, with
the County of Nevada, the County of Placer, the Town of Truckee, the Placer County
Water Agency, and the Northstar Community Services District for preparation and
implementation of Alternative Submittal;
3) Appoint the Public Information and Conservation Manager to the Management
Committee defined in the MOA and appoint the Water Superintendent as an alternate.
Steven Poncelet
Public Information &Conservation Manager
Michael D. Holley
General Manager
Attachment 1
Resolution No. 2016-28
APPROVING THE MARTIS VALLEY GROUNDWATER BASIN
SUSTAINABLE GROUNDWATER MANAGEMENT ACT ALTERNATIVE
SUBMITTAL
WHEREAS, the Sustainable Groundwater Management Act , as amended and codified in
California Water Code §§ 10720, et seq., applies to all groundwater basins in the State of California;
and
WHEREAS, The legislative intent of SGMA is to provide sustainable management of groundwater
basins, to enhance local management of groundwater, to establish minimum standards for the
sustainable groundwater management, and to provide local groundwater agencies with the authority
and the technical and financial assistance necessary to sustainably manage groundwater; and
WHEREAS, 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 Water
Resources ("Department") in the Department's report entitled "California's Groundwater: Bulletin 118"
("Bulletin 118"); and
WHEREAS, 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
WHEREAS, 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
WHEREAS, there are a total of six qualifying local agencies with jurisdiction over MVGB, which
include the County of Nevada, the County of Placer, the Town of Truckee, the Truckee Donner Public
Utility District, the Placer County Water Agency and the Northstar Community Services District,
collectively referred to as "Partners" and who wish to cooperate in sustainable groundwater
management and compliance with SGMA; and
WHEREAS, 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
WHEREAS, SGMA requires that either: (1) a groundwater sustainability plan ("GSP") be developed
and implemented by the GSA; OR (2) if a local agency or combination of local agencies believes that
an alternative to a GSP satisfies the objectives of SGMA, the local agency may submit the alternative
to the Department for evaluation and assessment no later than January 1, 2017, and every five years
thereafter; and
WHEREAS, the Partners believe that an alternative to a GSP will satisfy the objectives of SGMA
because 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
WHEREAS, the Partners wish to collectively submit an alternative titled Martis Valley
Groundwater Basin Sustainable Groundwater Management Act Alternative Submittal ("Alternative
Submittal") to the Department; and
WHEREAS, the Truckee Donner Public Utility District has led the preparation of the Alternative
Submittal, with input and review by all Partners and a hydrogeologist registered in the State of
California; and
WHEREAS, the Alternative Submittal leverages the Martis Valley Groundwater Management Plan
adopted in 2013, the Truckee River Operating Agreement, enacted under Federal Law to restrict and
monitor surface 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
WHEREAS, the Alternative Submittal addresses the six undesirable results that have 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
WHEREAS, based on the above findings, the Partners intend to submit the Alternative Submittal to
the Department by the due date set by SGMA of January 1, 2017, and, subject to approval of the
Department, intend to continue sustainable groundwater management of the MVGB in accordance
with the Alternative Submittal and without formation of a GSA or preparation of a GSP.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TRUCKEE-DONNER PUBLIC
UTILITY DISTRICT DOES RESOLVE AS FOLLOWS.
Section 1. The Alternative Submittal has been reviewed by the Truckee Donner Public Utility District
and is found to provide for the legislative intent of SGMA and qualify the MVGB as eligible for an
alternative to a GSP.
Section 2. The Alternative Submittal, in substantially the same form as attached to this Resolution, is
approved by the Truckee Donner Public Utility District and it is requested that the Alternative Submittal
be submitted to the Department for review and approval by the District on behalf of all Partners.
Section 3. Subject to the Department's approval of the Alternative Submittal, the Truckee Donner
Public Utility District wishes to continue participation in sustainable groundwater managementwith the
Partners.
Section 4. Approval of this Resolution and the Alternative Submittal are exempt from the California
Environmental Quality Act based on a legislative exemption provided in SGMA, Water Code Section
10728.6, and for purposes of protection of natural resources and the environment, per CEQA
guidelines Sections 15307 and 15308.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the seventh day of December of 2016 by the following roll call vote:
AYES: Directors: Ellis, Bender, Warmerdam, Laliotis, and President Aguera.
NOES: None.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Joseph Aguera, President
ATTEST:
Michael D. Holley, District Clerk