Page 45 - Yucaipa Valley Water District

Workshop Memorandum No. 17-073 Page 2 of 14

MEMORANDUM OF AGREEMENT TO FORM A GROUNDWATER SUSTAINABILITY
AGENCY FOR PART OF THE UNADJUDICATED PORTION OF THE
SAN TIMOTEO SUBBASIN AND TO COORDINATE WITH OTHER
GROUNDWATER SUSTAINABILITY AGENCIES

This 2017 Memorandum of Agreement (MOA) is entered into by and among Beaumont Cherry
Valley Water District (BCVWD), Yucaipa Valley Water District (YVWD), City of Redlands
(Redlands), and San Gorgonio Pass Water Agency (SGPWA), which may be referred to herein
individually as a “Party” and collectively as the “Parties.”

Pursuant to the Sustainable Groundwater Management Act (SGMA) and as further set forth
herein, the purposes of this MOA are to form a Groundwater Sustainability Agency (GSA) for part
of the unadjudicated portion of the San Timoteo Subbasin (Basin), the members of which GSA
shall be BCVWD, YVWD, Redlands, and SGPWA (herein, the ST-GSA), and to establish that the
ST-GSA will coordinate with the Eastern Municipal Water District (EMWD) in its formation of a
separate GSA for another part of the unadjudicated portion of the Basin within EMWD’s service
area.

Recitals

WHEREAS, on September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168
and 1319, and Assembly Bill 1739, collectively known as the Sustainable Groundwater
Management Act (SGMA), codified in certain provisions of the California Government Code,
commencing with Section 65350.5, and in certain provisions of the California Water Code,
including but not limited to, Sections 5200 et seq. and 10720 et seq.; and

WHEREAS, SGMA went into effect on January 1, 2015, and thereafter various clarifying
amendments to SGMA were signed into law in 2015, including Senate Bills 13 and 226, and
Assembly Bills 617 and 939; and

WHEREAS, the San Timoteo Subbasin (Basin), as further depicted in Exhibit A to this MOA, is
identified by the California Department of Water Resources (DWR) Bulletin 118 as Subbasin No.
8-02.08 of the Upper Santa Ana Valley Groundwater Basin, and is designated by DWR as medium
priority, and therefore, except as provided by SGMA, the Basin is subject to the requirements of
SGMA; and

WHEREAS, the Parties recognize and agree that a portion of the Basin (herein, the Adjudicated
Area) is subject to the Beaumont Basin adjudication and Judgment in the case referred to as San
Timoteo Watershed Management Authority v. City of Banning, et al., Riverside County Superior
Court Case No. RIC 389197, and that pursuant to SGMA Section 10720.8(a)(1), said portion of
the Basin generally is not subject to the requirements of SGMA and will not be managed by the
ST-GSA; and

WHEREAS, SGMA Section 10720.7 requires the Basin, as a medium priority basin which is not
designated by DWR as being subject to critical conditions of overdraft, to be managed by a
Groundwater Sustainability Plan (GSP) or coordinated GSPs by January 31, 2022; and

Yucaipa Valley Water District - May 30, 2017 - Page 45 of 138