KERN GROUNDWATER AUTHORITY Meeting of Board of Directors June 24, 2015, 8:00 a.m Truxtun Ave., Bakersfield, CA rd Floor Conference Room

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1 KERN GROUNDWATER AUTHORITY Meeting of Board of Directors June 24, 2015, 8:00 a.m Truxtun Ave., Bakersfield, CA rd Floor Conference Room AGENDA This meeting is held in accordance with the Brown Act pursuant to Section of the California Government Code and the Kern Fan Authority Joint Powers Agreement. 1. Roll Call - Quorum Determination In the absence of a quorum of the Board the meeting will be adjourned. 2. Public Input This portion of the meeting is set aside to provide the public an opportunity to bring to the attention of the Board matters of which the Board may not be aware and which are not on the current agenda. No action can be taken on any matter raised during this portion of the meeting; however, a Board member may request that the matter be placed on any future agenda for further review and possible action. Members of the public may directly address the Board of Directors on any item of interest within the Board s subject matter jurisdiction, before or during the Board s consideration of the item. The President may limit the time allowed for comment. 3. Minutes a. Board Meeting: May 27, Treasurer s Report a. Accounts Payable/Receivable 5. Groundwater Management Work Plan a. GEI Update b. Committee Reports 1. Urban Committee 2. Surface Supply Committee c. Approval of Task Orders No. 3 & 4

2 6. Discussion on Approach to Implementation of Groundwater Regulations a. Outline of proposed amendments to JPA agreement & schedule b. Report on Department of Water Resources Practitioner Advisory Panel(s) i. Preexisting Conditions & Undesirable Results ii. Measurable Objectives iii. Land Use & County Involvement c. Basin level projects for consideration of funding under SB1 7. Legislative Update a. SB226 b. AB Coordination Activities a. SB4 b. CASGEM c. ILRP 9. New Business This Portion of the Meeting is set aside to provide each Board member an opportunity to bring to the attention of other Board members and the public matters which have come to their attention and/or which may be appropriate for future consideration. No action can be taken on any matter raised during this portion of the meeting, however, a Board member may request that the matter be placed on any future agenda for further review and possible action. 10. Attorney(s) Report 11. Adjournment A person with a qualifying disability under the Americans with Disabilities Act of 1990 may request the Authority provide disability-related modification or accommodation in order to participate in any public meeting of the Authority. Such assistance includes appropriate alternative formats for the agendas and agenda packets. Requests should be made in person, by telephone, facsimile and/or written correspondence to the Authority office, at least 48 hours before a public Authority meeting. Written materials related to an item on this agenda to be considered in open session that are public documents and that are distributed to board members after the posting of the agenda, will be made available for public inspection when they are so distribution at the office of the Authority located at 849 Allen Road, Bakersfield, California during normal business hours. Documents that are public documents provided by others during a meeting will be available at the same location during business hours after the meeting.

3 JPA Board Meeting Minutes Kern Groundwater Authority Wednesday, May 27, 2015 JPA DISTRICT REPRESENTATIVES AND ALTERNATES PRESENT Kevin Pascoe, Arvin-Edison WSD Terry Chicca, Buena Vista WSD Dave Fenn, Cawelo WD Michael James, City of Shafter Gene Lundquist, ID-4 Royce Fast and Martin Milobar, Kern County Water Agency Supervisor David Couch, Kern County Rich Tillema and Kevin Antongiovanni, Kern Delta WD Bill Taube, Kern Water Bank Authority Andrew Pandol, Kern-Tulare WD Jeff Siemens, Olcese WD Jason Selvidge, Rosedale-Rio Bravo WSD Jim Regan, SSJMUD Roger Riley, Shafter-Wasco ID Dennis Atkinson and Allen Lyda, Tejon-Castaic WD Gary Morris, West Kern WD Michael Blaine and George Cappello, Wheeler Ridge-Maricopa WSD JPA DISTRICT REPRESENTATIVES AND ALTERNATES ABSENT Rick Wegis, Semitropic WSD Joe MacIlvaine, Westside District Water Authority OTHERS PRESENT Steve Collup & Jeevan Muhar, Arvin-Edison WSD Greg Hammett, Belridge WSD Maurice Etchechurry, Buena Vista WSD Dave Ansolabehere & Dave Hampton, Cawelo WD Dave Beard, ID-4 Jim Beck, KCWA Jon Parker, KWBA Lori Honea, Rosedale-Rio Bravo WSD Eric Averett, Rosedale-Rio Bravo WSD Jason Gianquinto, Semitropic WSD Dana Munn, Shafter-Wasco ID Harry Starkey, West Kern WD Gary Sawyers, Bolen Fransen Sawyers LLP 1

4 Lois Henry, Bakersfield Californian Troy Carrington, Bolthouse Bob Smith, City of Bakersfield Leon Elwell, Blackwell Kristen Dobbin, Community Water Center Maria Densmore, CRC Dee Jaspar, Dee Jaspar & Assoc Larry Rodriguez, GEI Consultants Patty Poire, Grimmway Farms Holly Melton, KCWA Kent Stephens, KTWD Joe Hughes, Klein Law Florn Core, Kern County Robert Kuhs, Kuhs Parker Law Nick Turner, Lamont Public Utilities Robert Hartsock, McMurtrey, Hartsock & Worth Doug Nunneley, Oildale Mutual Jim Gardiner, Pacific Ag Management Robert Goff, Paramount Farms David Halopoff, Provost & Pritchard Todd Turley, South Valley Farms Van Grayer, Vaughn Water Doug Gosling, Young Wooldridge Holly King Angelica Martin, Tejon-Castaic Water District 1. Call to Order Director Couch called the meeting to order at 8:02 a.m. after it was confirmed there was a quorum. He welcomed Mr. Atkinson and Mr. Lyda from Tejon- Castaic Water District as new Directors and members of the JPA. A formal action will be taken at the June meeting. 2. Public Comments None 3. Minutes A motion was made by Director Blaine and seconded by Director Taube to approve the April 22, 2015 regular board meeting minutes as presented. A roll call vote was taken and the motion was unanimously carried. 4. Treasurer s Report a. Accounts Payable/Receivable - Mr. Averett gave a report to the Board. A motion was made by Director Lundquist and seconded by Director Morris to approve the accounts payable as presented. A roll call vote was taken and the motion was unanimously carried. 2

5 b. Adoption of 2015 Budget Mr. Averett reviewed the budget. After discussion, a motion was made by Director Fenn and seconded by Director Lundquist to adopt the 2015 Proposed Budget as presented with the addition of Tejon-Castaic Water District with an amount not to exceed $391,000. A roll call vote was taken and the motion was unanimously carried. 5. Groundwater Management Work Plan a. GEI Update Mr. Rodriguez reported that they have been attending meetings and working with the committees as needed. He said that Merced did a model already with the help of Dr. Haus. It was discussed to possibly have Dr. Haus come in and have him go over the satellite data and do a presentation. b. Committee Reports i. Urban Committee Report Consumptive Use Analysis Mr. Beard reported that the committee received Task Order #3 that identifies domestic well owners from GEI Consultants with a budget estimate of $21,000. Task Order #3 will develop an Urban and Domestic Groundwater User Map and compile groundwater users contact information in support of outreach efforts within KGA area of interest. The proposed map(s) will have the following layers: San Joaquin Valley Groundwater Basin-Kern County subbasin boundaries Water district boundaries City boundaries City spheres of influence Locations of registered domestic groundwater wells, municipal wells and public water systems within the KGA area of interest subject to Sustainable Groundwater Management Act provisions Proposed commercial/residential developments expected to be constructed by 2020 ii. Surface Supply Workgroup Report-Yield Analysis - Mr. Taube reported that the committee received Task Order #4 from GEI with a budget estimate of $40,000. This order would develop a preliminary, forwardlooking basin-wide water budget for the Kern Subbasin and a draft template for collection of district-level data to support the development of a more comprehensive basin water budget. There was extensive discussion around the Cal Poly Irrigation Training and Research Center s (ITRC) development of an estimate of the total evapotranspiration for the Kern Subbasin for a 12-month period extending from April, 2013 through March, This data will provide the basis of the total water use in the basin for the forecast period. 3

6 Task Order #4 is intended to develop a preliminary basin-wide evaluation of the following: Groundwater elevations Groundwater extractions Surface water supply Total water use Change in groundwater storage Water budget (defined in SGMA) Sustainable yield (defined in SGMA) c. Approval of Task Orders No. 3 & 4 A motion was made by Director Bill Taube and seconded by Director Fast to approve Task order No. 3 & 4 from GEI Consultants for an amount not to exceed $21,000 for Task Order #3 and $40,000 for Task Order #4. A roll call vote was taken and the motion was unanimously carried. 6. Discussion on Approach to Implementation of Groundwater Regulations a. Report on Department of Water Resources Practitioner Advisory Panel Mr. Averett reported that there was a meeting on 06/22 with DWR. The meeting focus was GSA and other issues. He will continue to report on activities to the Board. 1. Basin Boundary Issues Mr. Averett reported that there are 500+ boundaries in CA based on political expediency. He questioned DWR asking if Kern County could carve up into 4-5 basins. DWR reply was: You can t make basin smaller Will consider if we make the Groundwater Management Plan bigger (if political boundaries adjust, it needs to grow) i. For Kern, we would need to include Kern-Tulare and DEID for this to work Mr. Averett emphasized that we have to coordinate plans not only within our basin but overlapping basins with similar premises (i.e. Kern-Tulare). The deadline for boundaries is January Example Multiple GSA s still need to all coordinate if we have a single GSA then we re ok How do we communicate with DWR? Bill Taube through ACWA Eric Averett through Advisory Panel Gary Sawyers through Legal DWR through Workshops 2. Determination of Overdraft/Critical Overdraft Mr. Averett reported that this won t really affect Kern County. He reported that DWR is taking the 1980 Bulletin 118 approach whatever it 4

7 was in 1980 is what it is today. Kern was designated critical overdraft. We can appeal if we can demonstrate differently years for determination (order of magnitude period not using CASGEM data) b. Public Outreach/Workshops Next Workshop Date Coordination efforts to meet with various boards have been underway. No additional workshops have been scheduled at this time until we decide our structure. 7. Legislative Update Mr. Averett reported they are working with ACWA to get a better understanding of these bills and Mr. Sawyers explained the adjudication process. a. SB226 Mr. Averett reviewed the SB226-Senator Pavley Sustainable Groundwater Management Act: groundwater rights bill with the Board. b. AB1390 Mr. Averett reviewed the AB1390-Groundwater: adjudication with the Board. 8. Coordination Activities a. SB4 Ms. Maria Densmore from CRC reported that they meet last week in Sacramento in regard to comprehensive oil and gas monitoring b. CASGEM nothing to report c. ILRP nothing to report 9. Old or New Business Mr. Averett reported on SB13 to the Board. He reported that the State Board deems a basin probationary. He will follow-up and get clarification. The website for the Kern Groundwater Authority is live. The address is: Ms. Honea will be adding the agenda, minutes and important documents to the website. 10. Attorney(s) Report Mr. Sawyers reported they are continuing the process on the legislative process clean-up bill, and the accelerated adjudication process. 11. Adjournment The meeting was adjourned at 9:02 a.m. 5

8 P.O. Box Bakersfield, CA Administration Telephone: Facsimile: Cawelo Avenue Bakersfield, CA Water Orders and Operations Telephone: NORTH KERN WATER STORAGE DISTRICT June 22, 2015 TO: FROM: Kern Ground Water Authority Members Patrick Mize Controller / Administrative Manager RECOMMENDED MOTION Approve the Treasurer s Report as of May 31, 2015 and authorize disbursement of accounts payable as of May 31, DISCUSSION Exhibit A is the Treasurer s Report for Authority financial activities since the last report, which was May 22, A summary of the accounts payable as of May 31, 2015 is below; copies of which are included following Exhibit A: GEI Consultants, Inc. Inv# Engineering Services 3, Total Approval Requested 3, Specific questions relating to these services should be directed to the District s General Manager, Richard Diamond (rdiamond@northkernwsd.com. General questions may be directed to me at (pmize@northkernwsd.com). We may both be reached at the District Office,

9 EXHIBIT A Kern County Groundwater Management Committee Treasurer's Report June 22, 2015 CURRENT ACTIVITY Date Cash Balance, Prior Report 5/20/ , Deposits Disbursements Inv# Check # Cash Balance, 05/31/ , Accounts Receivable Inv# Accounts Payable Inv# GEI , , CASH RECONCILIATION Cash Balance, per Bank 5/31/ , Deposits in Transit Outstanding Disbursements Cash Balance per General Ledger, 5/31/ , Page 1 of 1

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13 OUTLINE OF PROPOSED AMENDMENTS TO KERN GROUNDWATER AUTHORITY JOINT POWERS AGREEMENT June 19, 2015 Recitals Update to reflect enactment of SGMA. Add recitals about the joint goals of the members being cost-effective groundwater management in the Kern County Subbasin that is responsive to stakeholders needs and concerns. Revise to provide that KGA s goal is to serve as the GSA for the Kern County Subbasin in a manner that allows KGA members, or groups of KGA members, to directly implement SGMA and GSPs within their boundaries (each, a Management Area ) while KGA serves a primarily coordinating and administrative role in order to provide for sustainable groundwater management throughout the subbasin. Article I Delete the definition of Plan Area. Add the definition of Management Area to mean the area within a KGA member or group of members to be managed by that member or group of members under the GSP adopted by KGA. Add definition of SGMA and new definitions required by amendments described below. Article II Revise Section 2.02 to require a supermajority vote to terminate the KGA once the GSP is adopted and approved. See discussion of weighted voting below. Revise Section 2.03 to retain the fundamental concepts already outlined, but with reference to SGMA and the development/implementation of a GSP for the Kern County Subbasin. See third bullet for recitals above. Amend Section 2.04 to expressly authorize KGA to apply for status as GSA for Kern County Subbasin and to adopt and implement a GSP consistent with new the article describing implementation of SGMA by KGA (see below). Revise subsection (b) to refer to SGMA and the GSP adopted by KGA. Article III Revise Section 3.05 to provide that voting will be weighted based on [need to decide appropriate factor(s)]; make a quorum 2/3 of the voting power rather than 2/3 of the members. Clarify that voting under this Section is only for matters that affect the entire KGA and that matters affecting implementation in a particular Management Area are to be governed by the KGA member or members implementing SGMA within that Management Area \JPA Amendments

14 Article IV No amendments, unless any specific subbasin-wide fees under the GSP are to be authorized. Article V No amendments. Article VI Add new Section 6.05 providing that expenses incurred by a member or group of members for their SGMA implementation within a Management Area are to be borne solely by that member or group of members. Article VII Expand Section 7.06 to provide for a more formalized dispute resolution with specific deadlines and process to ensure speedy action. Establish a dispute resolution group within the KGA with specified membership that can act swiftly on disputes. For disputes arising out of conflicts between KGA and the member(s) managing within a Management Area relating to SGMA implementation within that Management Area, provide for an initial process involving the appointment of appropriate technical experts to assist in resolution before proceeding to formalized dispute resolution. New Article Implementation of SGMA Provide for express authorization for KGA to adopt a GSP approved by a supermajority of the voting power. Authorize KGA to do any of the following, if included in the approved GSP: o Collect and maintain extraction information and other technical data. o Coordinate actions within, and reporting by, Management Areas. o Carry out studies and technical investigations. o Establish and administer conjunctive use and land fallowing programs. o Require permitting of extraction facilities. o Require installation of meters. o Acquire property. o Buy, sell, exchange, recharge, store water. o Fix and collect rates for water acquired for replenishment. o Take any other actions authorized by SGMA except those expressly prohibited. Prohibit KGA from doing any of the following unless approved by 90% of the voting power: o Regulate land use o Engage in retail sale of water o Restrict or otherwise limit extraction of groundwater other than through economic incentives and disincentives \JPA Amendments

15 o Fund capital construction projects o Take any action with a Management Area contrary to the wishes of the member or members managing within the Management Area. Allow a member, or group of members, to assume management responsibilities within a Management Area upon notice to KGA so that all members have the right/opportunity to directly implement SGMA and GSPs within their boundaries while KGA serves a primarily coordinating and administrative role. Establish parameters for the relationship between KGA and member(s) opting to manage within a Management Area \JPA Amendments

16 Kern Groundwater Authority GSA Development Timeline Board review Outline of Proposed JPA Amendments Board Review of Amended JPA (Articles IV VII) Board Final Review of Amended JPA Board Directs staff to Develop JPA/GSA Amendments Board review of Amended JPA (Recitals & Articles I III Board Review of New Article(s) SGMA Implementation Board Approves Amended JPA for Execution Kern Groundwater Authority Strategic Planning Mar 15 Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun 16 SGM Strategic Plan Comments Due GSP Development Member Committee Workshop on JPA Amendments Public Meeting on Kern Groundwater Authority GSA Public Meeting / Notice to Act as GSA Submit Notice of intent to act as GSA to DWR Input from Member Staff Input from Member Legal Counsel 1

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19 Pre SGMA Conditions Paths to Sustainability? (Ex. Chronic Lowering of Groundwater Levels)

20 Undesirable Results Setting Planned Goals and Significant and Unreasonable Thresholds

21 Undesirable Result Chronic lowering of groundwater levels Reduction in groundwater storage Seawater intrusion Degraded water quality Land subsidence Depletion of interconnected surface water & adverse impacts on SW beneficial uses Measurable Objective Water level at key locations Water level at key locations Water level at key locations; GW Salinity Porter-Cologne /anti-degradation Water level at key locations Water level at key locations (within 1 mile of stream?) Surface critical low flows at key locations & times Possible Threshold No less than at any time AFTER earlier mitigation of undesirable results and PRIOR to 2015, OR No less than at any time prior to 2015, OR No less than at any time prior to 2042, OR Any fixed level arrived at through local/state political consensus about significant and unreasonable, driven by economic cost: Significant and unreasonable increase in pumping cost Significant and unreasonable cost of new well installation / well deepening Identify seawater intrusion threat via geologic and geochemical characterization & modeling => define safe water level thresholds for land subsidence. Threshold: Higher than land subsidence-driven threshold or any of the above, whichever is higher set by current and future RWB regulations Use modeling and assessment to link groundwater management actions to RWB objectives Identify subsidence threat via geologic characterization & modeling => define safe water level thresholds for land subsidence. Threshold: Higher than land subsidence-driven threshold or any of the above, whichever is higher Use modeling and assessment to link impact of groundwater management/use to beneficial uses of surface water => set thresholds No less than at any time AFTER earlier mitigation of undesirable results and PRIOR to 2015 => no further assessment needed Higher than surface water beneficial use-driven thresholds or any of the above, whichever is higher Thomas Harter, Univ. of California, 2015

22 Kern Groundwater Authority GSA Development Timeline Board review Outline of Proposed JPA Amendments Board Review of Amended JPA (Articles IV VII) Board Final Review of Amended JPA Board Directs staff to Develop JPA/GSA Amendments Board review of Amended JPA (Recitals & Articles I III Board Review of New Article(s) SGMA Implementation Board Approves Amended JPA for Execution Kern Groundwater Authority Strategic Planning Mar 15 Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun 16 SGM Strategic Plan Comments Due Member Committee Workshop on JPA Amendments Public Meeting on Kern Groundwater Authority GSA Public Meeting / Notice to Act as GSA Submit Notice of intent to act as GSA to DWR Input from Member Staff Input from Member Legal Counsel GSP Development 6