HomeMy WebLinkAboutr2019-04TRUCKEE DONNER
Public Utility District
WITHDRAWING 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 was previously
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 wished to cooperate in sustainable
groundwater management and compliance with SGMA; and
WHEREAS, SGMA provides that any qualifying local agency or combination of local agencies fully
overlying a groundwater basin have discretion to become a groundwater sustainability agency
("GSA") for that basin; and
WHEREAS, SGMA required 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 believed that an alternative to a GSP would satisfythe objectives of SGMA
because the basin had 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 wished 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 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 leveraged 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 25 years; and
WHEREAS, the Alternative Submittal addressed 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 submitted the Alternative Submittal dated
December 22, 2016 to the Department before the due date set by SGMA of January 1, 2017, and,
subject to approval of the Department, intended 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; and
WHEREAS, the Department is still reviewing the Alternative Submittal and has taken no action; and
WHEREAS, the Department conducted 2018 SGMA Basin Prioritization as required by law; and
WHEREAS, basin prioritization classifies California's 517 groundwater basins (basins) into priorities
based on components identified in the California Water Code Section 10933(b) and the priority of
basins determines the provisions that apply for the California Statewide Groundwater Elevation
Monitoring (CASGEM) and Sustainable Groundwater Management Act (SGMA) programs in a basin;
and
WHEREAS, after a public process the Department posted the final 2018 SGMA Basin Prioritization
results on the official SGMA website (https://water.ca.gov/Programs/Groundwater-
Management/Basin-Prioritization), with the MVGB (Basin No. 6-67) reprioritized from a Medium
Priority to a Very Low Priority designation; and
WHEREAS, Very Low Priority basins are not required to comply with the provisions of SGMA; and
WHEREAS, the Partners wish to continue to cooperate in sustainable groundwater management
and believe that Martis Valley Groundwater Management Plan adopted in 2013 with support of a
large stakeholder group, along with the Truckee River Operating Agreement enacted under Federal
Law, provide a more local and efficient process to effectively manage the MVGB; and
WHEREAS, each of the other Partners has expressed its desire for the Truckee Donner Public Utility
District to formally withdraw the Alternative Submittal from the Department.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC
UTILITY DISTRICT DOES RESOLVE AS FOLLOWS:
Section 1. The Alternative Submittal is no longer required and, on behalf of all Partners, it is
directed that the Alternative Submittal be formally withdrawn from the Department.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the
District on the sixth day of February of 2019 by the following roll call vote:
AYES: Directors: Aguera, Bender, Finn, Laliotis, and President Ellis.
NOES: None.
ABSENT: None.
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Bob Ellis, President
ATTEST:
Michael D. Holley, District Clerk