DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Draft submittal of the Groundwater Sustainability Plan for Fresno County Management Areas A and B Groundwater Sustainability Agencies
RECOMMENDED ACTION(S):
TITLE
Approve Resolution to adopt the Groundwater Sustainability Plan on behalf of Fresno County Management Areas A and B Groundwater Sustainability Agencies within the Delta-Mendota Groundwater Subbasin, and authorize the San Luis and Delta Mendota Water Authority, acting as the Groundwater Sustainability Plan Manager for the Subbasin, to submit the Groundwater Sustainability Plan to the Department of Water ResourcesCalifornia State Water Resources Control Board for approval.
REPORT
Approval of the recommended action will adopt the Groundwater Sustainability Plan for Fresno County Management Areas A and B, where the County serves as the Groundwater Sustainability Agency within the Delta-Mendota Groundwater Subbasin, as required by the California Department of Water Resources, to maintain local control for managing groundwater resources. This item pertains to locations in District 1.
ALTERNATIVE ACTION(S):
Your Board may determine not to approve the recommended action; however, it would result in delay of the required single GSP submittal. If the GSP is not submitted, intervention from the State Water Resources Control Board may occur, resulting in the loss of local control of groundwater management.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. Cost associated with the Sustainable Groundwater Management Act activities are budgeted through the County Administrative Office (CAO) utilizing Interest and Miscellaneous Expenditures Org 2540. Sufficient appropriations and estimated revenues are included in the CAO’s Org 2540 FY 2024-25 Proposed Budget. If there are significant implementation costs beyond the Department’s allocated resources, staff will return to your Board for direction and to request an additional resource allocation.
DISCUSSION:
The Sustainable Groundwater Management Act (SGMA) was signed into law September 16, 2014 and codified in Water Code sections 10720 to 10737.8. SGMA established a new structure for managing California’s groundwater resources at a local level, by local agencies. SGMA allowed the formation of Groundwater Sustainability Agencies (GSA) to manage groundwater resources within a subbasin at a local level. Each GSA was required to develop and implement a Groundwater Sustainability Plan (GSP), or coordinated GSP, in subbasins covered by more than one GSA, by January 31, 2020.
In the Delta-Mendota Subbasin (DM Subbasin), the County serves as the GSA for Fresno County Management Areas A and B (FCMAAB). The Delta-Mendota Subbasin includes a total of 23 GSAs.
On January 7, 2020, your Board adopted the GSP for FCMAAB within the DM Subbasin, as required by the California Department of Water Resources (DWR). The GSP was subsequently submitted to DWR on January 23, 2020. Along with the GSP for Management Area A and B, the five other GSPs that cover the DM Subbasin were timely submitted to DWR for review.
On January 21, 2022, DWR completed its review of all GSPs in the DM Subbasin, and released a letter determining that, as a whole, the GSPs for the DM Subbasin were “Incomplete”. The letter identified deficiencies and corrective actions for the GSAs in the DM Subbasin to resolve. Specifically, the letter indicates that GSPs in the DM Subbasin lack consistency in data and methodologies, common definitions of undesirable results, sustainable management criteria as per State regulations, and also fail to address requirements specified in Title 23, California Code of Regulations, Section 354.20, regarding the use of management areas within the DM Subbasin.
The revised GSPs were resubmitted on July 20, 2022, and on March 2, 2023, were further deemed inadequate by DWR. Consequently, the State Water Resources Control Board (SWRCB) can potentially intervene and assert jurisdiction over the affected subbasin due to DWR's determination of the current GSPs’ inadequacy under SGMA.
In anticipation of potential intervention by SWRCB, the GSAs entered into a Memorandum of Agreement (MOA) on December 11, 2023, agreeing to collectively adopt a single GSP for the DM Subbasin, instead of submitting multiple plans for each GSA to address the deficiencies identified by DWR. Towards the development of the single GSP, contracted services were engaged with EKI Environment and Water, Inc (EKI) and Luhdorff & Scalmanini Consulting Engineers (LSCE). LSCE provided technical support to EKI, contributing to GSP implementation on behalf of County Management Areas A and B.
Through the development of this single GSP, the DM Subbasin GSAs believe the deficiencies identified by the DWR have been addressed. Throughout the single GSP development, GSA representatives coordinated with SWRCB staff, to address any concerns, as SWRCB is now the responsible agency for GSP approval. To address the inconsistency in data and methodologies identified, the single GSP has revised Sustainable Management Criteria (SMC) and Undesirable Results (UR) to be consistently presented throughout the DM Subbasin. Minimum thresholds for groundwater levels are now set at 2015 water levels, which are the lowest groundwater levels on record. The single GSP also includes the development of a subbasin groundwater model, based upon the CVHM-2 model developed by the United States Geological Survey. This model will be used for water budgets and groundwater storage SMCs, and may be used to analyze potential impacts to our groundwater management from adjoining subbasins. Finally, beginning in 2025, the GSAs for the DM Subbasin have committed to the development and implementation of a pumping reduction plan, to be activated in the event groundwater levels or subsidence URs are being approached.
California Environmental Quality Act (CEQA)
Pursuant to California Water Code Section 10728.6, the preparation and adoption of a single GSP is exempt from CEQA.
REFERENCE MATERIAL:
BAI #14 July 12, 2022
BAI #5 January 7, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolution
On file with Clerk - Groundwater Sustainability Plan for the Delta-Mendota Subbasin
CAO ANALYST:
Salvador Espino