ITEM:		PUBLIC HEARING
16.	ADOPT RESOLUTION 2016-01 TO INITIATE THE PROPOSED BASIN BOUNDARY MODIFICATION REQUEST FOR RECOGNITION OF THE ADJUDICATED SEASIDE GROUNDWATER BASIN WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES UNDER THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT
Meeting Date:			January 27, 2016	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Joe Oliver	Cost Estimate:	N/A
General Counsel Review: N/A
Committee Recommendation: Updates provided to Water Supply Planning Committee on 12/11/2015. On 1/20/2016 the Committee recommended approval by the Board.
CEQA Compliance: MPWMD has determined that a Statutory Exemption applies as defined in CEQA Guidelines Section 15268 (Ministerial Projects), based on previous environmental determinations by the Courts.

SUMMARY: The Sustainable Groundwater Management Act (SGMA) was signed into law on September 16, 2014 and provides for local or regional management of groundwater basins with oversight from the California Department of Water Resources (DWR). More recently, on November 16, 2015, the DWR implemented new regulations regarding basin boundary modification requests in order to correct or update basin depictions in DWR’s Bulletin 118, “California’s Groundwater”, last updated in 2003. The Bulletin 118 description and map in the area of the Seaside Groundwater Basin is outdated and does not recognize the adjudicated Seaside Basin boundary per the adjudication decision in 2006. The Seaside Basin will be exempt from certain Groundwater Sustainability Plan (GSP) requirements under SGMA, and it is therefore important to establish this correction in DWR’s planned Bulletin 118 update.

CEQA: MPWMD has followed those guidelines adopted by the State of California and published in the California Administrative Code, Title 14, Section 15000, et seq. Specifically, the MPWMD has determined that a Statutory Exemption applies as defined in CEQA Guidelines Section 15268 (Ministerial Projects), based on previous environmental determinations by the Courts. The Monterey County Superior Court concluded that its Adjudication Decision included environmental determinations related to the Seaside Basin and adjudication of the rights therein. The MPWMD action is also consistent with the May 11, 2009 Court Order as confirmed by the Sixth District Court of Appeal, which limits CEQA review of water-related issues to areas other than the Seaside Basin.

RECOMMENDATION: Staff recommends that the Board adopt Resolution 2016-01, and direct the General Manager to proceed with filing an Initial Notification to DWR regarding the basin boundary modification request to recognize the adjudicated Seaside Basin in the DWR’s Bulletin 118. Staff should be directed to file a Notice of Exemption with the County Clerk. On January 20, 2016, the Water Supply Planning Committee considered this item and recommended Board approval.

BACKGROUND: Under Section 10722.2 of the Water Code, MPWMD is an eligible local agency that may request the DWR revise the boundaries of a basin. Accordingly, MPWMD has agreed to make this filing on behalf of the interested stakeholders in the adjudicated Seaside Basin. The DWR basin boundary modification regulations (§344.2) also require that a resolution adopted by the requesting agency formally initiating the boundary modification request be submitted to DWR with the request. Accordingly, Resolution 2016-01 has been prepared for this purpose (Exhibit 16-A) and will be submitted to DWR with the formal modification request, which must be filed no later than March 31, 2016.

EXHIBIT

16-A Draft Resolution 2016-01

U:\staff\Boardpacket\2016\20160127\PublicHrngs\16\Item-16.docx