Title
Consider receiving an update on the Sustainable Groundwater Management Act Groundwater Sustainability Agency formation process.
Report
RECOMMENDATION:
It is recommended that the Monterey County Water Resources Agency Board of Directors:
Receive an update on the Sustainable Groundwater Management Act Groundwater Sustainability Agency formation process.
SUMMARY/DISCUSSION:
The Agency Board of Directors (BOD) has been receiving pertinent updates on the Sustainable Groundwater Management Act (SGMA) Groundwater Sustainability Agency (GSA) formation process through either the Basin Management Plan (BMP) Committee or information items to the full BOD.
The facilitated process, using a Collaborative Work Group (CWG) to work through concepts, and then presenting the outcome of the CWG discussions to a larger group of stakeholders for buy-in and feedback has been effective, and has moved the process along in recent weeks.
The CWG proposed a tentative GSA legal structure: the formation of a Joint Powers Authority (JPA) to create a separate entity to be the (interim) GSA, with the intent of transitioning to a GSA governing body formed by legislation. This approach was reached since special legislation could not be worked on and approved before the June 30, 2017 deadline for GSA formation. This way, the JPA legal document could account for this transition by providing a sunset provision (i.e. the JPA would dissolve when the legislated body was formed).
The CWG also agreed that the JPA is the best legal structure to address its interests and concerns for forming the GSA. Namely, the JPA would allow for the creation of a separate entity. The JPA would provide liability protection to member agencies. The JPA would allow the governing board composition to differ from the member agencies and create an opportunity for groundwater interest groups/users to serve on the board of directors to govern the GSA. The JPA legal document could have bylaws that stipulate how...
Click here for full text