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R 3549 RESOLUTION NO. 3549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE AGREEMENT REGARDING MANAGEMENT OF THE ARROYO GRANDE GROUNDWATER BASIN AND AUTHORIZING THE MAYOR TO SIGN THE SAME WHEREAS, it is in the best interest of the City of Arroyo Grande to responsibly manage the groundwater resources of the Arroyo Grande Groundwater Basin; and WHEREAS, the "Gentlemen's Agreement" entered into in 1983 has proven to be a method for responsible management of those groundwater resources; and WHEREAS, a stable and assured groundwater supply is in the best interest of the City of Arroyo Grande and other public entities in the Arroyo Grande Groundwater Basin, now and into the future; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby find and determine that the "Agreement Regarding Management of the Arroyo Grande Groundwater Basin" is hereby approved and the Mayor of the City of Arroyo Grande is authorized to execute the agreement in substantially the form attached hereto as Exhibit "A". On motion of Council Member Runels, seconded by Council Member Lubin, and on the following roll call vote, to wit: AYES: Council Members Runels, Lubin, Dickens, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was passed and adopted on this 14th day of August, 2001. RESOLUTION NO. 3549 PAGE 2 MICHA~ ATTEST: , ~/1L- KELLY W TM RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO FORM: ~~~ E N ADAMS, CITY MANAGER APPROVED AS TO FORM: - Exhibit "A" AGREEMENT REGARDING MANAGEMENTOF THE ARROYO GRANDE GOUNDW ATER BASIN A. Parties This Agreement is entered into among the San Luis Obispo Farm Bureau, the Cities of Arroyo Grande, Pismo Beach, Grover Beach and the Oceano Community Services District (collectively referred to hereinafter as "Parties"). The Cities of Arroyo Grande, Pismo Beach, and Grover Beach and the Oceano Community Services District, are hereinafter referred to collectively as "Urban Parties." B. Recitals WHEREAS, in January 1983, a Technical Advisory Committee consisting of representatives of Arroyo Grande, Grover City, Pismo Beach, Oceano Community Services District, Port San Luis Harbor District, the Farm Bureau, Avila Beach County Water District and the County of San Luis Obispo ("Committee") determined in reliance on the 1979 Report of the Department of Water Resources entitled Ground Water in the Arroyo Grande Area that the safe yield of the Arroyo Grande Groundwater Basin ("Basin") is 9,500 acre feet per year; WHEREAS, in or about February 1983, the Parties agreed to enter into a voluntary groundwater management plan to provide for effective management of groundwater resources in the Basin through which each party was given sufficient water to meet its needs as then projected; such needs being met in part by the City of Arroyo Grande foregoing 358 acre feet per year of its historical use and the City of Pismo Beach foregoing 20 acre feet per year of its historical use; WHEREAS, this management plan provided a reasonable division of the safe yield of the Basin without court imposed groundwater basin adjudication; WHEREAS, on February 9, 1983, the terms of the management plan were incorporated into Resolution No. 83-1 of the South San Luis Obispo County Water Association Approving the Recommendations of the Committee relating to the Basin (the "Resolution"); WHEREAS, each of the Parties have adopted individual resolutions endorsing the provisions of the Resolution; WHEREAS, the Parties have generally complied with the terms and conditions of the Resolution; and WHEREAS, general compliance with the Resolution has proven to be a fair and efficient means of managing and protecting groundwater resources in the Basin as confirmed by the revised final draft report prepared by the Department of Water Resources entitled, Water Resources of Arroyo Grande and Nipomo Mesa, January 2000. PAGE 1 or5 AGREEMEN1' REGARDING ARROYO GRANDE GROUNDWATER BASIN NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Division of Safe Yield. a. The parties agree to a division of the safe yield of the Basin as follows: Applied Irrigation 5,300 acre feet Subsurface flow to ocean 200 acre feet Urban Use: City of Arroyo Grande 1,202 acre feet City of Grover Beach 1,198 acre feet City of Pismo Beach 700 acre feet Oceano Community Services District 900 acre feet b. Any increase or decrease in the safe yield of the Basin attributable to changed operation of the Lopez Reservoir, or any other cause, shall first be divided between the Urban Parties and applied irrigation on a pro rata basis using the formula from the 1983 Gentlemen's Agreement, sixty percent (60%) to applied irrigation and forty percent (40%) to the Urban Parties. Thereafter, the first 378 acre feet per year of any increase of safe yield allocated to the Urban Parties shall be divided between the City of Arroyo Grande and the City of Pismo Beach on a pro rata basis (95% to Arroyo Grande and 5% to Pismo Beach). c. The entitlements of each respective Urban Party may be increased based upon the conversion of irrigated agricultural lands to urban use. An Urban Party to this Agreement may increase its entitlement for urban use by a factor of three (3) acre feet per acre per year minus the calculated urban usage per acre per year upon the conversion of irrigated agricultural land to urban usage. "Irrigated agricultural land" shall be that land within the corporate limits of the party that was identified as irrigated agricultural land in the 1979 Department of Water Resources Report entitled Ground Water in the Arroyo Grande Area. This agricultural conversion factor may be applied to all acreage converted to urban use from January 1, 1983, throughout the life of this Agreement. Such an agricultural conversion factor is in the best interests of the overall Basin in that it will not result in any decline in the groundwater service over time. The Parties agree that no water should be converted to urban use within the Basin without establishing that it was irrigated agricultural land as defin~d in the 1979 Department of Water Resources Report, Groundwater in the Arroyo Grande Area. d. The Parties agree and understand that the safe yield figures utilized in this Agreement are a product of the 1979 Department of Water Resources Report regarding the Arroyo Grande Basin as adjusted by the 1983 ad hoc Technical Advisory Committee and that the division of the resources is based upon the historical use of each party and a practical accommodation of each Party's needs as they existed at the time of the adoption of the 1983 agreement. It is agreed that the Parties will meet and confer on issues related to safe yield and division of existing water resources upon the PAGE2or5 AGREEMENT REGARDING ARROYO GRANDE GROUNDWATER BASIN final adoption of the new Arroyo Grande Basin study performed by the Department of Water Resources, which is currently in draft. 2. Shared Information and Monitoring: The Urban Parties to this Agreement shall freely share information with each other regarding each of their respective uses of groundwater in the Basin, including all pumping data such as amounts of water extracted, well static water levels, and water quality. The Urban Parties to this Agreement shall meet on a quarterly basis to share this information and to discuss water usage and impacts upon the Basin. The Parties shall conduct a review of water usage and the impacts on Basin hydrology in 2010 and 2020. 3. Term: a. This Agreement shall bind the Parties indefinitely absent a significant change of circumstances as to available water, water quality, or hydrogeology of the Arroyo Grande Basin. A significant changed circumstances shall allow any party to opt out of this Agreement if the significant change of circumstances put that party at risk of not being able to meet its potable water needs. b. Significant changed circumstances shall include changes within the Basin or outside of the Basin, including but not be restricted to, a change in the Lopez Reservoir safe yield or an increase in Lopez Reservoir discharges for conservation purposes that threatens the ability of the urban Parties to obtain their contractual allotments under their Lopez agreements, or a significant change in groundwater yields or quality, or a reduction in foreign water imported by any Urban Party. The Parties recognize that rainfall within the watershed is the most significant factor in affecting the yield of Lopez Reservoir and the Basin. c. The Parties shall revisit the issue of the allocation of groundwater resources within the Arroyo Grande Basin in 2010 and 2020 in the context of the review provided for in section 2 of this Agreement. The Parties shall make new allocations of groundwater resources at that time if circumstances justify it and if no harm will result to other groundwater users. Priority shall be given to reallocation of historical use of groundwater to Arroyo Grande and Pismo Beach that those agencies chose not to pursue in the entering into of the original Gentlemen's Agreement in 1983 should such. new allocations be made. d. A Party may opt out of this Agreement if significant changed circumstances arise as defined in this section. Such a party shall give all other parties to the agreement not less than six months written notice of its intention to opt out. The written notice shall describe in detail the significant changed circumstances upon which the Party bases its election to opt out of the Agreement. 4. Mediation Agreement: The Parties agree to mediate any disputes that arise out of the Parties' performance under this Agreement, or the interpretation of the terms of this Agreement, prior to instituting any litigation against or between any other party to this Agreement. Should a party institute litigation without first offering in good faith to mediate any such dispute, any party may move for an order compelling mediation and staying the proceedings in the litigation until after mediation has been completed. The prevailing party on a motion to compel mediation shall be entitled to recover its attorney's fees against any resisting party or any party who filed litigation without first PAGE3or5 AGREEMENT REGARDING ARROYO GRANDE GROUNDWATER BASIN making a good faith attempt to mediate the dispute. This mediation requirement shall not apply where the health and safety of any of the Parties, or any of the Parties' residents, is threatened and they must seek, and have obtained, preliminary relief for the purposes of preserving health and safety. 5. No Third Party Beneficiaries: The Parties are entering into this Agreement in order to reasonably allocate existing groundwater resources between themselves and not to benefit any third parties. This agreement shall only be enforceable between the Parties themselves. This Agreement does not create any right enforceable by any person or entity that is not a party to this Agreement. 6. General Provisions: a. The Parties warrant that all necessary approvals and authorizations have been obtained to bind them to all terms of this Agreement, and further warrant that the persons signing have authority to sign on behalf of their respective Parties. b. Written notice under this Agreement shall be given by placing such notice in the first class mail, postage prepaid, or by hand delivery to the current address of the office of any Party to this Agreement. c. No amendment to this Agreement will be binding on any of the Parties unless it is in writing and signed by an authorized representative of all of the Parties. d. This Agreement will be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. e. If any provision of this Agreement is held invalid or unenforceable by any final judgment, it is the intent of the Parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the Parties. f. This Agreement may be executed simultaneously in one or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument. g. The Parties represent that prior to the execution of this Agreement, they consulted independent legal counsel of their own selection regarding the substance of this Agreement. WHEREFORE, the Parties publicly consent to the terms and conditions of this Agreement by executing the same as set forth below. PAGE 4 OF 5 AGREEMENI' REGARDING ARRoyo GRANDE GROUNDWATER BASIN Dated: , 2001. City of Arroyo Grande By: ?64:l Print Name and Title: Dated: , 2001. City ofPismo Beach By: Print Name and Title: Dated: , 2001. City of Grover Beach By: Print Name and Title: Dated: ,2001. Oceano Community Services District By: Print Name and Title: Dated: , 2001. San Luis Obispo County Farm Bureau By: Print Name and Title: H: IPBClYIPWlagr.ARGroundwaterBasin.O 1073 I.doc PAGE 5 OF 5 AGREEMENT REGARDING ARROYO GRANDE GROUNDWATER BASIN RESOLUTION NO. 3549 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3549 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of August, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th day of August, 2001. ~ L J RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK