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HomeMy WebLinkAbout13 Attachement 1, r2016-28 Alternative SubmittalResolution No. 2016-28 APPROVING THE MARTIS VALLEY GROUNDWATER BASIN SUSTAINABLE GROUNDWATER MANAGEMENT ACT ALTERNATIVE SUBMITTAL WHEREAS, the Sustainable Groundwater Management Act ("SGMA"), 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 thatthe 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