DATE: October 7, 2025
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Amendment I to Agreement with Groundwater Sustainability Agencies within the Delta-Mendota Subbasin
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute Amendment I to Agreement No. 18-503 for Amended and Restated Cost Sharing Agreement with multiple Groundwater Sustainability Agencies within the Delta-Mendota Subbasin, effective upon execution for a term that is coterminous with the requirements of Sustainable Groundwater Management Act of 2014.
REPORT
Approval of the recommended action will approve the FY 2025-26 Amended and Restated Cost Sharing Agreement with multiple Groundwater Sustainability Agencies (GSAs) within the Delta-Mendota Groundwater Subbasin (DMS). The recommended Amended and Restated Cost Sharing Agreement is being amended to update definitions and terms and continues to describe mechanisms for sharing the costs of participating in preparation and implementation of a Groundwater Sustainability Plan (GSP) in coordination with other GSAs, as required by the Sustainable Groundwater Management Act (SGMA). This item pertains to locations in District 1.
ALTERNATIVE ACTION(S):
Your Board may determine not to approve the recommended action; however, it would likely result in increased costs and delay the GSP implementation and any coordination obligation of SGMA.
FISCAL IMPACT:
The Net County Cost associated with the recommended action is estimated at $202,277 for one year, but specific final costs may differ based on the Coordination Committee’s approved annual budget. The participating local agencies have established a preliminary budget estimated at $1,320,895 but are awaiting approval and authorization of the proposed Cost Sharing Agreement. Each of the seven participating GSAs will share an equally divided cost share percentage totaling 14.28%, or a total estimated cost of $188,699 per GSA. The County will also be responsible for a participatory percentage of 13.7%, within the Central Delta-Mendota Multi-Agency GSA as stated in the second Amendment to Agreement No. 17-074, approved by the Board on January 29, 2019. The County will cover the cost for Fresno County Management Areas A & B through appropriations allocated within the Interest and Miscellaneous Expenditures from the CAO’s Org 2540 FY 2025-26 Adopted Budget.
DISCUSSION:
SGMA provides for the establishment of local GSAs to manage groundwater sustainability within groundwater subbasins defined by the Department of Water Resources (DWR) as Priority Basins. GSAs were responsible for developing and implementing GSPs by January 31, 2020, in basins identified as subject to critical conditions of overdraft, and by January 31, 2022, in all other medium and high priority basins. Failure to implement a GSP and meet its sustainability goal could result in the State Water Resources Control Board (SWRCB) asserting its authority to manage local groundwater resources. In anticipation of potential intervention by SWRCB, the GSAs entered into a Memorandum of Agreement on December 11, 2023, agreeing to collectively adopt a single GSP for the DMS instead of submitting multiple plans for each GSA to address the deficiencies identified by DWR. The County’s portion of the single GSP was approved by your Board on September 10, 2024, and re-submitted for review by the State. GSP implementation is ongoing.
To assure compliance with SGMA within the DMS, Department staff has participated in regular meetings with representatives from the local participating GSAs. The County is part of the Central Delta-Mendota Multi-Agency GSA, approved by the Board on March 7, 2017. The action approved by the Board included a cost share mechanism to fund the coordination costs of that GSA. In addition, the County serves as the exclusive GSA for two areas designated as Fresno County Management Areas A and B (FCMAB), approved by the Board on May 2, 2017. Department Staff represents the County on the DMS Coordination Committee for FCMAB.
On August 21, 2018, the Board approved a Cost Sharing agreement with multiple GSAs within Delta-Mendota Subbasin. The Cost Sharing agreement is being amended to incorporate updated definitions and terms resulting from the reorganization of the Coordination Committee and the entry into the Delta-Mendota Subbasin Memorandum of Agreement. In addition, this amendment expands the number of seats on the committee to seven, thereby decreasing our participation percentage to one seventh of total costs. The recommended Amended and Restated Cost Sharing Agreement outlines methods for sharing participation costs within the GSP Group, while coordinating with other GSAs, as mandated by SGMA. Department staff agrees that these coordination activities are necessary to comply with SGMA and that such efforts will ultimately lower costs for the agencies involved. The recommended Amended and Restated Cost Sharing Agreement continues to permit agencies to authorize GSP Group Representatives to review and approve proposed expenses related to the coordination efforts, ensuring that the agencies still have the opportunity to review the proposed costs.
REFERENCE MATERIAL:
BAI # 6 September 10, 2024
BAI # 59, January 29, 2019
BAI #45, August 21, 2018
BAI # 13, May 2, 2017
BAI # 11, May 2, 2017
BAI # 12, March 7, 2017
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Amended & Restated Cost Sharing Agreement with the Delta-Mendota Subbasin
CAO ANALYST:
Maria Valencia