CC 2018-04-24_09i Resolution_Basin Boundary Modification Request
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SHANE TAYLOR, UTILITIES MANAGER
SUBJECT: CONSIDERATION OF A RESOLUTION SUPPORTING THE SAN LUIS
OBISPO COUNTY’S PROPOSED BASIN BOUNDARY MODIFICATION
REQUEST FOR THE ARROYO GRANDE CREEK VALLEY FRINGE
AREA OF THE SANTA MARIA VALLEY GROUNDWATER BASIN
DATE: APRIL 24, 2018
SUMMARY OF ACTION:
Adopting the resolution will support a realignment of the State’s basin boundary based
upon current scientific and jurisdictional data and information.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact at this time. It is anticipated that if the Basin Boundary
Modification Request (BBMR) is approved, the City’s obligation to prepare a
Groundwater Sustainability Plan, and the associated costs, would be deferred.
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution supporting the San Luis
Obispo County’s Basin Boundary Modification Request to realign the State’s basin
boundary pursuant to the Basin Boundary Regulations and in compliance with the
Sustainable Groundwater Management Act of 2014 (SGMA).
BACKGROUND:
The Sustainable Groundwater Management Act became law on January 1, 2015. The
law requires that identified medium and high priority groundwater basins within the State
of California be managed by one or more Groundwater Sustainability Agencies (GSA’s)
on or before June 30, 2017. Each GSA will need to develop a Groundwater
Sustainability Plan (GSP) by January 31, 2022. On March 28, 2017, the City formed a
GSA and is currently working in coordination with the County’s formulated GSA to
manage specified fringe areas of the non-adjudicated potion Santa Maria Groundwater
Basin.
In October 2015, the State adopted the Basin Boundary Regulations defining a process
for local agencies to request modifications to existing groundwater basin boundaries, as
defined in the State’s Bulletin 118. Any BBMRs must be submitted to the Department of
Water Resources for review and ultimate approval or denial by June 30, 2018.
Item 9.i. - Page 1
CITY COUNCIL
CONSIDERATION A RESOLUTION SUPPORTING A BASIN BOUNDARY
MODIFICATION REQUEST
APRIL 24, 2018
PAGE 2
ANALYSIS OF ISSUES:
A technical report was directed by the San Luis Obispo County Board of Supervisors
and can be found out http://www.slocountywater.org/sgma. The report provides the data
and analysis necessary to request modifications to the basin boundary map. For the
BBMR, each identified fringe area has separate recommendations. The fringe areas
proposed to be excluded from the Santa Maria Valley Groundwater Basin (SMVGB) are
designated as “non-basins”.
For the Arroyo Grande Creek fringe area, the request is for it to be designated a
separate sub basin of the SMVGB, with a refined alluvial boundary and to realign the
basin boundary consistent with the mapped alluvium. This is based on several factors
including the significant use of groundwater for irrigation; the stable groundwater levels
due to regular recharge of alluvium from Lake Lopez releases, the underflow to the
SMVGB estimated at 2,000 acre feet/year or 7% of the total recharge of the Basin, and
lastly, the Wilmar Fault that places Basin sediments against bedrock.
The request would remove some areas from SGMA consideration, and for the
remaining Arroyo Grande Creek fringe area, it may in the future be re-designated as a
low priority sub-basin rather than a part of a high priority basin as it currently stands. If
successful, the revised SMVGB would allow the City, the County and the State to focus
resources on where they are most needed.
Any agency affected by a proposed boundary modification may elect to support or
oppose the prepared boundary modification by way of a resolution adopted by the
decision-making body or a letter signed by an official of the affected agency.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution supporting the County’s BBMR pursuant to the
Basin Boundary Regulations and in compliance with the Sustainable
Groundwater Management Act of 2014 (SGMA).
2. Provide other direction to Staff.
ADVANTAGES:
Supporting the County’s BBMR would encourage the use of a scientific basis to
reconcile boundary definitions and would enable jurisdictions to legitimately focus
resources on priority basins.
DISADVANTAGES:
No disadvantages are identified. Public comments have been reported at public
workshops held by the County to date and at the public comment period for the City’s
Council meeting of April 10, 2018 stating concerns that the BBMR would impact
regulation of the PXP oil operations in the upper Pismo Creek Watershed. However, it
should be noted that the proposed modified boundaries are based upon reviewed
Item 9.i. - Page 2
CITY COUNCIL
CONSIDERATION A RESOLUTION SUPPORTING A BASIN BOUNDARY
MODIFICATION REQUEST
APRIL 24, 2018
PAGE 3
technical study, and, importantly, SGMA regulations do not preempt regulatory authority
for oil field operations.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item at this time.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENT:
1. Proposed Santa Maria Preliminary Basin Boundary Modification Map
Item 9.i. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE IN SUPPORT OF THE SANTA MARIA RIVER VALLEY
GROUNDWATER BASIN BOUNDARY MODIFICATION REQUEST FOR
THE SANTA MARIA BASIN FRINGE AREAS – BY THE COUNTY OF
SAN LUIS OBISPO GROUNDWATER SUSTAINABILITY AGENCY TO
THE CALIFORNIA DEPARTMENT OF WATER RESOURCES
WHEREAS, in 2014 the California Legislature and the Governor passed into law the
Sustainable Groundwater Management Act (SGMA) for local management of
groundwater resources in California through the formation of Groundwater
Sustainability Agencies (GSAs) and through preparation and implementation of
Groundwater Sustainability Plans (GSPs); and
WHEREAS, SGMA requires local agencies to manage groundwater in high and medium
priority basins “in a manner that can be maintained during the planning and
implementation horizon without causing undesirable results” (Water Code § 10721 (v));
and
WHEREAS, in 2014, the California Department of Water Resources (DWR) published
its Final California Statewide Groundwater Elevation Monitoring Basin Prioritization
results, designating five groundwater basins located in whole or in part within the
County of San Luis Obispo as a high or medium priority basin or subbasin: Paso
Robles, Atascadero, Santa Maria, Los Osos, San Luis Obispo Valley, and Cuyama
Valley; and
WHEREAS, the Santa Maria River Valley Groundwater Basin (DWR Bulletin 118 Basin
No. 3-12, “Santa Maria Basin”) is designated as a high priority basin; and
WHEREAS, SGMA does not apply to the adjudicated areas of the Santa Maria Basin
(that portion of the Santa Maria Basin at issue in Santa Maria Valley Water
Conservation District v. City of Santa Maria, et al.) (“adjudicated area”), provided that
certain requirements are met (Water Code Section 10720.8(18).
WHEREAS, on January 13, 2015, the Board of Supervisors, on behalf of both the
County of San Luis Obispo and the San Luis Obispo County Flood Control and Water
Conservation District, adopted a SGMA strategy and directed staff to implement the
policy–focusing resources on implementation in high and medium priority basins first;
and
WHEREAS, on March 28, 2017 the City, as a “local agency” defined by SGMA,
formed a GSA to manage groundwater resources in the basin and within the City’s
jurisdictional boundaries in accordance with SGMA and other applicable laws and
authorities; and
Item 9.i. - Page 4
RESOLUTION NO.
PAGE 2
WHEREAS, the City GSA has worked cooperatively with the San Luis Obispo County
GSAs to manage the non- adjudicated “fringe area” of the Santa Maria
Groundwater Basin so that groundwater resources in the basin will be properly
managed and sustainable in accordance with the provisions of SGMA; and
WHEREAS, among SGMA’s first statutory deadlines is the deadline for DWR to update
Bulletin 118 Report and modify basin boundaries as needed to reflect DWR-approved
scientific and jurisdictional information; and
WHEREAS, on October 21, 2015, in accordance with Water Code §§ 10722.2 and
12924, DWR adopted emergency regulations regarding the information that must be
submitted by a local agency in order to request that DWR modify the current bulletin
118 boundaries (23 CCR §§ 340 et seq.) (DWR Boundary Regulations); and
WHEREAS, pursuant to Section 343.9(a) of the DWR Boundary Regulations, on March
6, 2018, the County Board directed staff to submit an initial notification of intent to
explore a boundary modification for the Santa Maria River Valley Groundwater Basin
and to coordinate with basin users to develop a boundary modification request in
accordance with the DWR Boundary Regulations; and
WHEREAS, County staff contracted with GSI Water Solutions, Inc. to develop a
technical memorandum with the necessary scientific justification, as required by the
regulations, to support a potential scientific boundary modification request; and
WHEREAS, pursuant to Sections 344.4 and 344.8(a) of the DWR Boundary
Regulations, County staff communicated with affected agencies and affected systems
within the basin to provide notice of the potential boundary modification request, and to
provide an opportunity for such entities to support or oppose a proposed boundary
modification; and
WHEREAS, pursuant to Section 344.8(b) of the DWR Boundary Regulations, an
affected local agency that elects to support or oppose a proposed boundary
modification shall provide the requesting agency with either a resolution formally
adopted by the decision-making body of the affected agency or a letter from an official
with requisite authority; and
WHEREAS, the City and the County acknowledge that DWR has the responsibility to
review the proposed boundary modification request and has discretion to determine
whether an external boundary modification or formation of a separate subbasin is
appropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande as follows:
1. All of the above recitals are true and correct and incorporated herein by
reference.
Item 9.i. - Page 5
RESOLUTION NO.
PAGE 3
2. The Mayor is authorized to sign a resolution for the City of Arroyo Grande to
support the request for a basin boundary modification to the Santa Maria
River Valley Groundwater Basin (DWR Bulletin 118 Basin No. 3-12) by the
Santa Maria Basin Fringe Areas – County of San Luis Obispo Groundwater
Sustainability Agency (GSA) and including the City of Arroyo Grande GSA as
depicted on the map attached hereto as Exhibit A).
On motion of Council Member_________________, seconded by Council Member
___________________, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this ___ day of April, 2018.
Item 9.i. - Page 6
RESOLUTION NO.
PAGE 4
_____________________________________
JIM HILL, MAYOR
ATTEST:
_____________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.i. - Page 7
San Luis Obispo County
Santa Barbara County
ArroyoGrande
PismoBeach
GroverBeach
Nipomo CSD
OceanoCSD
SantaMaria
Guadalupe
£¤101
|ÿ166
|ÿ1
|ÿ135
|ÿ227
|ÿ135
|ÿ166
DWR - Bulletin 118
Santa Maria River Valley
Groundwater Basin
Boundary
Department of Water
Resources (DWR) -
Other Bulletin 118
Groundwater Basins
County of San Luis
Obispo Service Area
Santa Maria
Groundwater Basin
Adjudicated
Management Areas
GSAs
City of Arroyo Grande
GSA Coverage Area
County of Santa Barbara
Fringe Areas GSA
Coverage Areas
Santa Maria Basin
Fringe Areas - County of
San Luis Obispo GSA
Coverage Areas
³
Date Printed: 5/8/2017
Exhibit "A" - Santa Maria Basin Fringe Areas Groundwater Sustainability Agencies Boundaries
Kern County
Monterey County
Santa Barbara County
Kings County
0 2.5 51.25
Miles
Pismo Creek ValleyFringe Area 1 Arroyo Grande Creek ValleyFringe Area 2
Nipomo ValleyFringe Area 3
Southern BluffsFringe Area 4
Cuyama River ValleyFringe Area 5
Item 9.i. - Page 8
£¤101Date: April 12, 2018 Data Sources: Aerial photo taken 7/14/2016(DigitalGlobe)LEGENDProposed Boundary!!!!Existing Basin Boundary (DWRBulletin 118, 2016)City of ArroyoSanta Maria River ValleyAdjudicated Area00.51MilesDocument Path: P:\Portland\667-County of San Luis Obispo\003-Santa Maria Basin Fringe Areas\Project_GIS\MXDs\Report\Figure21_BBMR Req2.mxdoNCMACity of ArroyoGrandeSAN LUIS OBISPOCOUNTYSANTA BARBARACOUNTY£¤101FIGURE 21SMRVGB ModificationRequest NumberV2DQGSanta Maria River Valley Groundwater Basin Fringe Areas'5$)73URSRVHG%DVLQ%RXQGDU\0RGLILFDWLRQ5HTXHVW$77$&+0(17Item 9.i. - Page 9
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