HomeMy WebLinkAbout11-20-2012 c3 integrated regiona lwater management program-revise dmoacounci lj agenea nepont Mee
Nov . 20, 201 2
'Item Number
C 3
C I T Y O F S A N L U I S O B I S P O
FROM :
Carrie Mattingly, Utilities Directo r
Prepared By :Wade Horton, Deputy Director of Wate r
SUBJECT :INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM — REVISE D
MEMORANDUM OF UNDERSTANDIN G
RECOMMENDATIO N
Approve the "San Luis Obispo County Region Integrated Regional Water Management Progra m
Participants Memorandum of Understanding" and authorize the Mayor to execute the agreement .
DISCUSSIO N
Background
The Department of Water Resources (DWR) is responsible for properly administering Propositio n
84 Integrated Regional Water Management grant funds . Grant fund eligibility requires th e
development of a County Integrated Regional Water Management (IRWM) Program . Our region's
(geographically corresponding to San Luis Obispo County) current IRWM governance structure
• was formalized in 2009 by a Memorandum of Understanding (MOU). Three or more stakeholder s
are needed to sign the MOU 1 in order to demonstrate that the region formed a Regional Wate r
Management Group (RWMG). Eleven agencies signed the MOU in early 2009 — including the Cit y
of San Luis Obispo .
2009 MO U
Per the 2009 MOU, the San Luis Obispo County Flood Control and Water Conservation Distric t
(District) acts as the lead agency for IRWM efforts, in conjunction with the County's Wate r
Resources Advisory Committee (WRAC). The WRAC is made up of local water resource s
stakeholders and serves as advisor to the District, meets regularly and publicly, and make s
recommendations on appropriate IRWM actions and deliverables on behalf of the RWMG . Th e
current MOU reflects a governance structure of this nature .
Proposed 2012 MOU Revisio n
The governance structure and, consequently, the MOU, required revisions to encourage increase d
participation and meet State guidelines . The revised MOU also transitions the decision-makin g
from the WRAC to the RWMG, thereby allowing the RWMG agencies to play a more direct role i n
defining IRWM activities and program methodologies (e .g . project solicitation and evaluation), etc .
As a signatory Agency, the City will have a seat in the RWMG . The WRAC supports the revise d
MOU .
The execution of the MOU does not commit the City to provide any fiscal resources with th e
• exception of staff time to attend RWMG and WRAC meetings and provide timely informatio n
sufficient to meet State guidelines for any future City projects that would be included in the IRW M
and grant funding requests . The MOU allows individual signatories to terminate their involvemen t
C3-1
Water Rate Structure Study
Page 2
at any time .
FISCAL IMPAC T
There is no fiscal impact associated with the execution of the Memorandum of Understandin g
ATTACHMENT S
1.San Luis Obispo County Region Integrated Regional Water Management Progra m
Participants Memorandum of Understandin g
2.July 7, 2009 Council Agenda Report : Integrated Regional Water Management Plan —
Memorandum of Mutual Understanding with County of San Luis Obisp o
T :\Council Agenda Reno rts\2012\2012-11-20\Integrated Regional Water Management Memorandum (Mattingly-Horton)\IRWM MOA .docx
•
•
•
Attachment 1
San Luis Obispo County Regio n
Integrated Regional Water Management Program Participants
Memorandum of Understandin g
The undersigned agencies and organizations hereby agree as follows :
1.BACKGROUND
The State of California has established an Integrated Regional Water Management (IRWM) planning an d
grant program pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River an d
Coastal Protection Bond Act of 2006 (Public Resource Code (PRC) Section 75001 et seq ., also known a s
Proposition 84). This program is anticipated to be perpetuated and/or modified by future Bond acts . Th e
IRWM program provides guidance for collaborative efforts to manage all aspects of water resources in a
region by crossing jurisdictional, watershed, and political boundaries to involve multiple agencies ,
stakeholders, individuals, and groups in order to address issues and differing perspectives of all entitie s
involved through mutually beneficial solutions . Regions that develop IRWM plans in accordance wit h
the guidelines are eligible for certain water resources grant funding opportunities .
In accordance with PRC Section 75001 (et seq .) and State IRWM Program guidelines, a Memorandum o f
Understanding (MOU) (dated 2009), signed by eleven agencies within San Luis Obispo County ,
established a Regional Water Management Group (RWMG) for the San Luis Obispo County IRW M
Region, and the San Luis Obispo County IRWM Region was officially accepted by the State in Ma y
2009 .
The San Luis Obispo County IRWM Region water resources stakeholders have determined the need t o
•
update the IRWM MOU in order to meet new State IRWM guidelines, to clarify the governance structur e
for IRWM planning in the San Luis Obispo County IRWM Region, and encourage broader participation .
This MOU, in conjunction with the current IRWM Plan, sets forth the San Luis Obispo County IRW M
Region's governance structure thereby allowing members and other stakeholders to understand how t o
participate in the IRWM Plan development and implementation .
2.PURPOSE, GOALS, AND APPROAC H
2 .1
Purpose .The purpose of this MEMORANDUM OF UNDERSTANDING (MOU) is t o
establish the mutual understandings among the San Luis Obispo County Region participants wit h
respect to their joint efforts to develop and implement an Integrated Regional Water Managemen t
(IRWM) Plan for the San Luis Obispo County Region, including the definition of commo n
IRWM terms, roles and responsibilities of IRWM Program Participants, and decision-makin g
processes .
2 .2
Goals .The goal of the IRWM program is to provide a reliable, long-term, and high -
quality water supply, and to establish a unified vision among the participants' goals for wate r
quality improvement, ecosystem preservation, water supply protection and enhancement, groun d
water management and flood management, in the context of social justice and climate chang e
adaptation, while protecting the environment . The adopted IRWM plan will identify majo r
water-related goals, objectives and conflicts within the region, consider a broad variety of wate r
management strategies, identify the appropriate mix of water demand and supply managemen t
alternatives, water quality protections, flood management strategies, and environmental
stewardship actions .
2 .3
Approach .The San Luis Obispo County Region participants are specifying their share d
•
intent to coordinate and collaborate on water management issues, giving consideration t o
disadvantaged communities and Native American tribes and their water related needs . In order t o
IRWM Memorandum of Understanding
Page 1 of 8
C3-3
•
enhance participation of stakeholders, it will be necessary to work at a sub-regional level to better
•
understand the water resources needs and priorities throughout the region . When applying for
grants, the San Luis Obispo County Region will strive to distribute the grant funding reques t
fairly across the geographic region . The goal is to distribute awarded funding from each gran t
cycle equally across the sub-regions (i .e . one quarter of the overall funding to benefit each of th e
three sub-regions' projects/programs and one quarter of the overall funding to benefit regiona l
projects/programs), to the extent feasible .
3 . DEFINITION S
3 .1
Integrated Regional Water Management Plan (Plan).A comprehensive plan for a
defined geographic area which shall satisfy the requirements of California's IRWM Program .
3 .2
San Luis Obispo County Region (Region).The geographic area of San Luis Obisp o
County, which is coterminous with the San Luis Obispo County Flood Control and Wate r
Conservation District (District) boundary .
3 .3
Local Agency .Any city, county, city and county, special district, joint powers authority ,
or other political subdivision of the state, a public utility as defined in Section 216 of the Publi c
Utilities Code, or a mutual water company as defined in Section 2725 of the Public Utilitie s
Code .
3 .4
Program Participants .Development and implementation of the Region's Plan is a
collaborative effort undertaken by the Region's participants, as further discussed in Section 4 .
The effort is being led by the District, in partnership with the Regional Water Managemen t
Group, Water Resources Advisory Committee, Implementation Affiliates, and Intereste d
Stakeholders . Only regional projects and programs to be implemented by those agencies whic h
have adopted the Plan will be eligible for grant applications . The Region categorizes IRW M
Program Participants into the following :
3 .4 .1 Regional Water Management Group (RWMG). A group in which three or more
local agencies, at least two of which have statutory authority over water supply or wate r
management, as well as those other persons who may be necessary for the development an d
implementation of the Plan, participate by means of this memorandum of understanding, i n
accordance with requirements of the California Water Code (CWC § 10539). The Region's
RWMG members are signatories to this MOU, have adopted the current Plan, and may designat e
a representative to participate in RWMG activities and its Working Group . The entities must b e
either a Local Agency or an IRS 501(c)(3) nonprofit organization . The RWMG has the capacity
to carry out projects (i .e . financial resources, management structure, adequate staffing). The
agencies/organizations that form the RWMG may have planning or implementation project s
eligible for State IRWM grants .
3 .4.2 Water Resources Advisory Committee (WRAC). This is the committe e
comprised of water purveyor, resource conservation district, environmental and agricultural, an d
other water resources representatives that was originally established in the 1940s to advise th e
District Board of Supervisors on water resource issues . The WRAC is a Brown Act committe e
that meets monthly, with the exception of July and August . Many participants are actively
engaged in issues relevant to Plan development and implementation, and will represent importan t
stakeholder groups throughout the program .
3 .4 .3 RWMG Working Group (Working Group). The Working Group will involv e
representatives from the RWMG who have technical expertise and are able to work on the detail s
associated with IRWM efforts . The Working Group will engage stakeholders at a sub-regiona l
level in order to better understand the specific water resources needs and priorities of that sub -
region .
IRWM Memorandum of Understanding
Page 2 of 8
C3-4
•
•
3 .4 .4 Implementation Affiliates . These entities will adopt the Plan by resolution, bu t
•
would not be signatories of the MOU . The entities must be either a Local Agency or an IR S
501(e)(3) nonprofit organization . The Implementation Affiliates have the capacity to carry ou t
projects (i .e . financial resources, management structure, adequate staffing). In order to have a
planning or implementation project eligible for State IRWM grants, agencies must be a n
Implementation Affiliate if they are not a part of the RWMG .
3 .4 .5 Interested Stakeholders . These individuals, organizations, and nonprofit s
(including those that are not IRS 501(c)(3) nonprofit organizations) who are interested in th e
IRWM program . The Interested Stakeholders may sign a letter of support for the Plan, o r
otherwise provide input to the RWMG, but would not be eligible for directly receiving Stat e
IRWM grant funds .
3 .5
Sub-regions . The Region's IRWM program seeks to engage stakeholders an d
understand the water resources needs of the Region . To adequately ensure this balanced acces s
and opportunity for participation in the IRWM program, the RWMG will utilize a sub-regiona l
geographic structure, allowing more focused planning and local outreach efforts that are late r
brought into the context of the overall IRWM Region . These sub-regions have been deliberatel y
defined in terms of logical planning and watershed/ hydrogeologic unit boundaries . These "sub -
regions" include the North Coast, North County, and South County (see Attachment 1).
3 .6
Regional Projects or Programs . Projects or programs to be implemented by th e
RWMG and/or Implementation Affiliates are identified in the Plan and are based upon the State's
IRWM Guidelines under which the current Plan was adopted, which includes but is not limite d
to : reducing water demand through agricultural and urban water use efficiency, increasing wate r
supplies for any beneficial use, improving operational efficiency and water supply reliability ,
improving water quality, improving resource stewardship, and improving flood management .
•
3 .7
Integration .Assembling into one document the water-related management strategies ,
projects, programs, and plans of the Region . The development and implementation of the Pla n
should demonstrate the RWMG is forming, coordinating and integrating separate efforts in orde r
to function as a unified effort in a collaborative manner that balances interests and engages a
variety of stakeholders and seeks to efficiently integrate regional resources . The Plan
development will identify water management strategies for the Region and the priority project s
and programs that demonstrate how these strategies work together to meet goals identified i n
Section 2 . It will also identify regional benefits of linkages between projects and plans tha t
address different primary water-related objectives (for example, identifying regional benefits o f
linkages between a water supply project and a flood management project in the same watershed).
4 . IRWM PROGRAM PARTICIPANT S
4 .1
Program Participant Structure . Elements of the Plan will be developed an d
implemented by the Program Participants . The RWMG, including the District as the Lea d
Agency, and the Implementation Affiliates are responsible for Plan development an d
implementation.
4 .2 Plan Development and Implementation .The Region's Plan that was adopted by th e
District, developed in coordination with and approved by stakeholders in 2005, and updated i n
2007, will be the basis for subsequent adopted Plans for the Region . The Working Group wil l
propose changes to the previous versions of the Plan to comply with new State guidelines an d
incorporate new information and projects . Since a key element of the IRWM Program i s
integration, the RWMG will work with Program Participants to identify water managemen t
strategies for the Region and sub-regions and the priority projects that demonstrate how thes e
strategies work together to meet the purpose and goals in Section 2 . How each Program
•
IRWM Memorandum of Understanding Page 3 of 8
C3-5
Participant contributes and participates in Plan development and implementation is describe d
below :
4 .2 .1 Lead Agency . The District will act as the lead agency for Plan development, wil l
execute this MOU, and will adopt the Plan in accordance with 4 .3 and 4 .4 below . The Distric t
will ultimately be responsible for the final production of the Region's Plan, hiring consultant(s) t o
develop the Plan, and presentations to stakeholders, submittal of IRWM grant applications, an d
execution and administration of grant agreements with the State . As the Lead Agency, th e
District will execute and administer agreements with RWMG members and Implementatio n
Affiliates responsible for the implementation of projects that are awarded grants, including dat a
collection relevant to grant agreements, project reporting, etc . Efforts described in Section 4 .2 .1
are subject to the availability of funding .
4 .2 .2 RWMG . Members will execute this MOU and adopt the Plan in accordance wit h
4 .3 and 4 .4 below . RWMG members will designate a representative with clear authority t o
represent the agency or organization, provide expertise, provide information in a timely manner ,
participate in meetings, review and approve technical documents as needed, and will provide th e
District with their designated representative's contact information . This representative will b e
eligible to participate on the Working Group . All RWMG members, whether or not thei r
representative is participating in the Working Group, hereby agree to provide informatio n
sufficient to meet State guidelines for their regional projects and programs to be included in th e
Plan and participate in the review of the Plan . RWMG members will consider integratin g
projects and programs with other agencies when possible, especially with disadvantage d
communities and Native American tribes, in accordance with State IRWM Guidelines . RWM G
members responsible for the implementation of regional projects and programs awarded gran t
funding will be responsible, through contract with the District, for complying with the provision s
of the District's grant agreement with the State . The RWMG will provide updates to the WRA C
and seek WRAC support of recommendations at key decision points .
4 .2 .3 WRAC . The WRAC will provide a forum for public meetings/ workshop s
related to Plan development and implementation at key decision points . The WRAC will revie w
and comment on the RWMG recommendations to the District's Board of Supervisors at ke y
decision points .
4 .2 .4 Working Group . Representatives of the Working Group will be designated b y
the RWMG member and will have clear authority to represent the agency or organization ,
provide expertise, provide information in a timely manner, participate in meetings, review an d
approve technical documents as needed, and will provide the District with their designate d
representative's contact information . The District will provide materials with sufficient lead time
for RWMG member and Working Group engagement . The Working Group will develo p
information, draft documents and recommendations pertaining to the Plan update consistent wit h
current State IRWM Guidelines during Plan development . Efforts are anticipated to includ e
stakeholder outreach, collection and incorporation of updated data, etc . The Working Group wil l
develop information and recommendations for IRWM program planning and implementation ,
stakeholder outreach, and pursuit of funding opportunities . All RWMG members will participat e
in the process to select the Region's IRWM projects and programs for grant applications by wa y
of the Working Group, who will conduct project/program solicitations and evaluations, and wil l
make recommendations on grant funding allocations . The Working Group will need to conduc t
sub-regional public meetings during Plan development and implementation to facilitat e
stakeholder participation .
4 .2 .5 Implementation Affiliates . Implementation Affiliates shall adopt the Plan i n
accordance with Section 4 .3 . Implementation Affiliates will designate a representative with clear
authority to represent the agency or organization, provide expertise, provide information in a
timely manner, participate in meetings, review and approve technical documents as needed, an d
will provide the District with their designated representative's contact information . Al l
IRWM Memorandum of Understanding
Page 4 of 8
C3-6
•
•
•
•
•
Implementation Affiliates will provide information sufficient to meet State guidelines for thei r
regional projects and programs to be included in the Plan and participate in the review of the Pla n
and for implementation activities, such as project status updates, project reporting, dat a
collection, etc . Implementation Affiliates will consider integrating projects and programs wit h
neighboring agencies when possible, especially with disadvantaged communities and Nativ e
American tribes, in accordance with State IRWM Guidelines . Implementation Affiliate s
responsible for the implementation of regional projects and programs awarded grant funding wil l
be responsible, through contract with the District, for complying with the provisions of th e
District's grant agreement with the State.
4 .2 .6 Interested Stakeholders . Interested Stakeholders may participate in the Pla n
development and implementation process by way of participation at WRAC and/or RWM G
meetings . Interested Stakeholders that are not WRAC members will be notified when an IRW M
program item will be reviewed by the WRAC if they request inclusion on the IRWM contact lis t
(Section 5 .6). Sub-regional meetings will be required to ensure Interested Stakeholders ,
including disadvantaged communities, who may not necessarily be able to attend WRA C
meetings, can participate in Plan development and implementation .
4 .3
IRWM Plan Adoption .Plan approval and adoption will be required of the governin g
bodies of RWMG members and Implementation Affiliates . Plan updates to meet new State
guidelines, add new RWMG Members, add or remove and evaluate regional projects an d
programs, or other updates to information do not require Plan re-adoption . Significant changes t o
the Plan, including revised goals and objectives, revised methodologies (such as methodology fo r
evaluating, ranking, and prioritizing projects and programs), revised regional boundaries, or othe r
changes deemed significant by the RWMG and the Lead Agency, will require Plan re-adoptio n
via the decision-making process described in Section 4 .5 .
4 .4
Personnel and Financial Resources .It is expected that Program Participants wil l
contribute the resources necessary to fulfill the responsibilities listed within Section 4 of thi s
MOU . Program Participants that receive implementation grant funding, shall contribute a
proportionate share of non-project costs associated with the grant agreement, based on awarde d
implementation funding (for example, contributing toward the cost of updating the Plan, shoul d
that be a condition of grant award)..
4 .5
Decision Making .The RWMG shall develop IRWM program materials and will make
recommendations to the Lead Agency at key decision points of the IRWM program . Written
input will be sought between the representatives of RWMG members in the event the need for a
decision arises that cannot be brought forth to the RWMG before a decision needs to be made .
The District, by way of its Public Works Department, shall notify the RWMG agencies o f
recommendations being taken to the District's Board of Supervisors for action . The District's
Board of Supervisors may approve, alter, or return any said recommendation of the RWMG .
Furthermore, if the District's Board of Supervisors intends to alter an item or propositio n
approved by the RWMG, the District's Board of Supervisors shall set forth in writing its findings ,
after which the Board will hold a public hearing . The RWMG agencies shall have the right t o
appear and address the District's Board of Supervisors .
5 . MUTUAL UNDERSTANDINGS
5 .1
Need for the Region's IRWM Pla n
5 .1 .1 To improve communication and cooperation between public and private agencie s
and minimize conflict-generated solutions .
5 .1 .2 To enhance our existing water management efforts by increasing stakeholde r
awareness of important issues, providing more opportunities for collaborative efforts an d
improving efficiencies in government and water management .
IRWM Memorandum of Understanding
Page 5 of 8
C3-7
5 .1 .3 To qualify for state grants and other funding opportunities only available to those
•
regions which have developed IRWM plans .
5 .2
Subject matter scope of the IRWM Plan .The Plan focuses on water supply, wate r
quality protection and improvement, ecosystem preservation and restoration, groundwate r
monitoring and management, and flood management as these are the most prevalent wate r
resource issues facing the Region .
5 .3
Geographical scope of the IRWM Program .The Region for this memorandum i s
coterminous with the boundary of San Luis Obispo County . This is an appropriate geographi c
region for integrated regional water management planning because it encompasses all aspects o f
water management generally within the same physical, political, environmental, social, an d
economic boundaries . The Region may engage stakeholders within the three sub-regions in orde r
to better understand the specific water resources needs and priorities of that sub-region, whic h
would then be incorporated into the context of the greater IRWM Region planning and
implementation .
The Region is bordered by the Greater Monterey County IRWM region to the north, th e
Santa Barbara County and Watersheds Coalition of Ventura County IRWM regions to the south ,
and the Kern County IRWM region to the east .
Water resources issues that overlap neighboring regional boundaries are either covere d
by existing cooperative water management plans (i .e . Nacitone Watershed Management Plan),
adjudication (i .e. Santa Maria Groundwater Basin), and operational agreements (i .e . Nacimiento
Reservoir), or have no defining water resource management issue . All of these items are to b e
included in the Region's Plan consistent with the plans of neighboring regions . The RWMG wil l
continue to coordinate with neighboring regions to address additional water resources issues an d
possible integrated water management strategies in our respective IRWM plans .
•
5 .4
Non-binding nature .This document and participation in the IRWM program efforts ar e
nonbinding, and in no way suggest that a RWMG member or Implementation Affiliate may no t
continue its own planning and undertake efforts to secure project funding from any source . An
agency/ organization may withdraw from participation in accordance with Section 5 .7 .
5 .5
Other on-going regional efforts .Development of the Plan is separate from efforts o f
other organizations to develop water-related plans on a regional basis . As the Plan is developed,
work products can be shared with these separate efforts to provide them with current information .
5 .6 Reports and communications .The WRAC, an IRWM contact list, and the District's
website will serve as the forum for updates and correspondence relating to the IRWM program
and Plan development .
5 .7
Termination . Because the Plan will require periodic review and updating for use int o
the future, it is envisioned that the joint efforts of those involved will be ongoing in maintaining a
living document . Thus this MOU will remain as a reflection of the understandings of the RWMG
Members . As indicated, parties to this MOU may terminate their involvement at any time, bu t
must provide all RWMG agencies with 30 days' advance notice of intent to terminate .
5 .8
Superseded Prior MOU .This MOU supersedes the MOU dated April 21, 2009 (200 9
MOU).
5 .9
Counterparts .This MOU may be executed in counterparts and has the same force an d
effect as if all the signatures were obtained in one document .
•
IRWM Memorandum of Understanding
Page 6 of 8
C3-8
6 .SIGNATORIES TO THE MEMORANDUM OF UNDERSTANDIN G
•
We, the undersigned representatives of our respective agencies or organizations, acknowledge th e
above as our understanding of how the San Luis Integrated Regional Water Management Pla n
will be developed .
signature
printed nam e
agenc y
date
•
•
IRWM Memorandum of Understanding
Page 7 of 8
C3-9
Attachment 1 — San Luis Obispo County IRWM Region and Sub-Regions Ma p
WPA74 ;
Mina W streI i
f0liCount y
Su 'Region3
WPA~.,,;rWPA 11'1 ..South Coast .*a R'afeeOSig Springs WPA't 0
Carri oPlaIn
A
Immommillalm Miles0510
legend Text;
—Highways._t Water Planning Area Sub-Regio n
.Major RivereStreame O Water Planning Area Boundary'Water Planning Are aCDManagement Area ; r ,I Walerbodies..N4rrear<r11 Area
Q Sub-Regan reWmjrapPr
Integrated Regiona l
Water Management Pla n
San Luis Obispo County Regio n
-Water Wana g Area Soundarlss ambased on Mealer Water Report 201 2
IRWM M andum of Understanding e 8 of 8
C•
Attachment 2council•j aeenea aepont Meeth¢D.e 9..
I.fel
C I T Y O F SAN L U I S O B I S P O
FROM:Carrie Mattingly, Utilities Director
Prepared By :Gary W . Henderson, Water Division Manager -4 wAk
SUBJECT : INTEGRATED REGIONAL WATER MANAGEMENT PLAN -
MEMORANDUM OF MUTUAL UNDERSTANDINGS WITH COUNTY O F
SAN LUIS OBISPO
RECOMMENDATIO N
Approve the "Integrated Regional Water Management Plan Memorandum of Mutua l
Understandings" with the County of San Luis Obispo and authorize the Mayor to execute th e
agreement .
DISCUSSION
The Department of Water Resources (DWR) is responsible for properly administering Propositio n
84 Integrated Regional Water Management grant funds . An eligibility requirement for grant fund s•requires the development of an Integrated Regional Water Management Plan (IRWMP) whic h
covers the geographic region of the County of San Luis Obispo . The San Luis Obispo Count y
Flood Control and Water Conservation District (District) has taken the lead on the development o f
the plan which was endorsed by the County's Water Resources Advisory Committee (WRAC).
The WRAC will serve as the forum for ongoing updates and discussions relative to the IRWMP .
One of the eligibility requirements for Proposition 84 grant funding and future grant programs i s
to develop a governance structure for agencies participating in the IRWMP . The Memorandum of
Understandings (Attachment 1) was created by the District to fulfill this requirement . The City of
San Luis Obispo's execution of this agreement will fulfill one of the eligibility requirements fo r
future grant funds .
The Memorandum of Understandings (MOU) outlines the governance structure for the integrate d
water management planning efforts for SLO County . The State's goals for requiring these regiona l
planning efforts is to have agencies evaluate opportunities to meet common goals on a mor e
regional basis . An agency's participation in this planning effort in no way suggests that the agenc y
can not continue its own planning efforts or undertake efforts to secure project funding from an ysource. The following are the types of projects or programs that are intended to be included in th e
IRWMP :
A . Reduce water demand through agricultural and urban water use efficiency.
•B . Increase water supplies for any beneficial use .
C.Improve operational efficiency and water supply reliability .
D.Improve water quality, including wastewater treatment, water pollution prevention, etc .
C k_4 1
Integrated Regional Water Management Plan Page 2
•E.Improve resources stewardship such as ecosystem and fishery restoration .
F.Improve flood management through structural and non-structural means .
The execution of the MOU does not commit the City to any fiscal resources with the exception o f
staff resources for reviewing the IRWMP, attending WRAC and IRWMP meetings, and providin g
timely information sufficient to meet State guidelines for any future City projects that would b e
included in the IRWMP and grant funding requests . The MOU allows individual signatories to th e
agreement to terminate their involvement at any time .
CONCURRENCE S
The Public Works Department concurs with the recommendation .
FISCAL IMPAC T
There is no fiscal impact associated with the execution of the agreement .
ATTACHMEN T
San Luis Obispo County Integrated Regional Water Management Plan Memorandum of Mutua l
Understandings
Council Reading File :San Luis Obispo County Integrated Regional Water Management Plan
•
•
C3-12
•
•
•
Attachment
San Luis Obispo County
Integrated Regional Water Management Pla n
Memorandum of Mutual Understanding s
1.PURPOS E
The purpose of this MEMORANDUM OF UNDERSTANDING (MOU) is t oestablish the mutual understandings between San Luis Obispo County Regio n
partners with respect to their joint efforts towards developing an Integrate d
Regional Water Management Plan (IRWMP) for the San Luis Obispo Count y
Region that will establish a unified vision of the relationships between individua l
goals of water quality improvement, ecosystem preservation, water suppl y
protection, ground water management, and flood management .
2.DEFINITION S
2 .1 Integrated Regional Water Management Plan (IRWMP).A
comprehensive plan for a defined geographic area, in this case the San Lui sObispo County Region, the specific development, content, and adoption o f
which shall satisfy requirements of California's IRWM Program and relevan t
codes . At a minimum, an IRWMP describes the major water-related objective s
and conflicts within a region, considers a broad variety of water managemen t
strategies, identifies the appropriate mix of water demand and suppl y
management alternatives, water quality protections, and environmenta l
stewardship actions to provide long-term, reliable, and high-quality wate r
supply and protect the environment, and identifies disadvantaged communitie s
in the region and takes the water-related needs of those communities intoconsideration.
2 .2 San Luis Obispo County Region (Region).The geographic area ,
which is coterminous with the San Luis Obispo County and the San Lui s
Obispo County Flood Control and Water Conservation District boundary ,covered by the IRWMP .
2 .3 Local Agency .Any city, county, city and county, special district, join t
powers authority, or other political subdivision of the state, a public utility a s
defined in Section 216 of the Public Utilities Code, or a mutual water compan y
as defined in Section 2725 of the Public Utilities Code .
2 .4 Regional Water Management Group (RWMG).A group in which thre e
or more local agencies, at least two of which have statutory authority ove r
water supply or water management, as well as those other persons who ma y
be necessary for the development and implementation of an IRWMP ,
participate by means of a joint powers agreement, memorandum o f
understanding, or other written agreement, as appropriate, that is approved b ythe goveming bodies of those local agencies . The Region's RWMG Member s
are signatories to this MOU and may designate a representative to participat ein RWMG activities .
2 .5 Regional Projects or Programs . Projects or programs to b e
implemented by signatories of this MOU identified in an IRWMP tha taccomplish any of the following :
C7-3
C3-13
Attachmen t
(a) Reduce water demand through agricultural and urban water use
efficiency .
(b) Increase water supplies for any beneficial use through the use of an y
of the following, or other, means :
(1)Groundwater storage and conjunctive water management .
(2)Desalination .
(3)Precipitation enhancement .
(4)Water recycling .
(5)Regional and local surface storage .
(6)Water-use efficiency .
(7)Stormwater management .
(c) Improve operational efficiency and water supply reliability, includin g
conveyance facilities, system reoperation, and water transfers .
(d) Improve water quality, including drinking water treatment an d
distribution, groundwater and aquifer remediation, matching wate r
quality to water use, wastewater treatment, water pollution prevention ,
and management of urban and agricultural runoff.
(e) Improve resource stewardship, including agricultural land s
stewardship, ecosystem restoration, flood plain management, recharg e
area protection, urban land use management, groundwate r
management, water-dependent recreation, fishery restoration, includin g
fish passage improvement, and watershed management .
(f) Improve flood management through structural and nonstructura lmeans, or by any other means .
2 .6 Local Projects or Programs .Cooperative agreements betwee n
specific RWMG members for implementation of specific projects or program s
that are approved by the RWMG are included in the definition of Regiona l
Projects or Programs .
2 .6 Regional Reports or Studies .Reports or studies relating to any of th ematters described in 3 .5 (a) to (f), that are identified in the IRWMP .
2 .7 Service Function .A water-related individual service function provide d
by an agency, i .e . water supply, water quality, wastewater, recycled water ,water conservation, stormwater/flood control, watershed planning, and aquati chabitat protection and restoration .
2 .8 Integration .Assembling into one document the water-relate d
management strategies, projects and plans in the Region . The first phase
would be to identify water management strategies for the region and the priorit y
projects that demonstrate how these strategies work together to provid e
reliable water supply, protect or improve water quality, provide watershe d
protection and planning, and provide environmental restoration protection .
Projects and plans would be categorized and opportunities to identify regiona l
benefits of linkages between multiple water management strategies amon g
projects and plans of separate service functions and to see where projects an d
plans of separate service functions may further interrelate, e .g . wastewate r
treatment and water recycling or habitat restoration .
2 .9 Water Resources Advisory Committee (WRAC).This is th e
committee comprised of water purveyor, resource conservation district,
•
•
•
•
•
•
Attachmen t
environmental and agricultural representatives that was originally established i n
the 1940's to advise the Board of Supervisors for the San Luis Obispo Count y
Flood Control and Water Conservation District (District) on water resourc e
issues . The WRAC meets monthly, with the exception of July and August, an d
is subject to the Brown Act . The members of the WRAC with the authority t o
enter into an MOU are the same agencies that would comprise a RWMG t o
support the region's IRWM planning efforts . Therefore, RWMG Members and
other regional stakeholder groups participate in the IRWMP developmen t
process by way of presentations to the Water Resources Advisory Committe e(WRAC).
3.GOALS OF THE IRWM P
The goals of the IRWMP are to without unfairly burdening communities ,
neighborhoods, or individuals :
3 .1 Protect and improve water quality for beneficial uses consistent wit h
regional interests and the Basin Plan in cooperation with local and stat e
agencies and regional stakeholders .
3 .2 Improve regional water supply reliability and security, reduc e
dependence on imported water, reduce water rights disputes and protec t
watershed communities from drought with a focus on interagency conjunctiv e
use of regional water resources .
3 .3 Protect, enhance and restore the region's natural resources including
open spaces ; fish, wildlife and migratory bird habitat ; special status and nativ e
plants ; wetlands ; estuarine, marine, and coastal ecosystems ; streams, lakes ,and reservoirs ; forests ; and agricultural lands .
3 .4 Monitor, protect, and improve the regions groundwater through a
collaborative approach designed to reduce conflicts .
3 .5 Develop, fund, and implement an integrated, watershed approach t o
flood management through a collaborative and community supported process .
4.IRWMP PROJECT PARTICIPANTS
Development and implementation of the Region's IRWMP is a collaborativ e
effort undertaken by the RWMG . The RWMG is being led by the District, i n
partnership with other signatories to this MOU . The IRWMP will be develope d
in coordination with the WRAC . However, only regional projects and programs
to be implemented by signatories to this MOU will be eligible for gran t
applications . The signatories entering into this MOU are specifying their share d
intent to coordinate and collaborate on water management issues as expresse din Section 3 . Goals of the IRWMP and in accordance with Section 5 . Mutua l
Understandings . The signatories anticipate the potential need for futur e
agreements on specific projects or programs that may be considered for gran t
applications .
5.MUTUAL UNDERSTANDING S
5 .1 Need for the Region's IRWM P
5 .1 .1 To improve communication and cooperation between public an d
private agencies and minimize conflict-generated solutions .
Attachment
5 .1 .2 To enhance our existing water management efforts by increasin g
stakeholder awareness of important issues, providing more opportunities fo r
collaborative efforts and improving efficiencies in government and wate r
management.
5 .13 To qualify for state grants and other funding opportunities onl y
available to those regions which have developed an IRWMP .
5 .2 Subject matter scope of the IRWMP .The IRWMP focuses on wate r
supply, water quality protection and improvement, ecosystem preservation an d
restoration, groundwater monitoring and management, and flood managemen t
as these are the most prevalent water resource issues facing the Region .
5 .3 Geographical scope of the IRWMP .The Region for this memorandu m
is coterminous with the boundary of San Luis Obispo County . This is a n
appropriate geographic region for integrated regional water managemen t
planning because it encompasses all aspects of water management generall y
within the same physical, political, environmental, social, and economi c
boundaries .
The Salinas Valley Integrated Regional Water Management Plan regio n
borders the Region to the north and the Santa Barbara County IRWMP regio n
border the Region on the South . Coordination with agencies in Kern Count y
developing an IRWMP region at the time of initial execution of this MOU will be
important for identifying any water resources issues overlapping with th e
Region in the future .
Water resources issues that overlap with neighboring regiona l
boundaries are either covered by existing cooperative water managemen t
plans (i .e . Nacitone Watershed Management Plan), adjudication (i .e . Santa
Maria Groundwater Basin), and operational agreements (i .e . Nacimiento an d
Salinas Reservoirs), or there is no defining water resource management issu e
at this time (i .e . Kern County region boundary). All of these items are to b e
included in the Region's IRWM Plan consistent with the IRWMPs o f
neighboring regions . The RWMG will continue to coordinate with neighborin g
regions to address additional water resources issues in our respectiv e
IRWMPs .
5 .4 Approach to developing and implementing the IRWM P
5 .4 .1 Signatories . Signatories to this MOU, including the District, tha t
make up the RWMG are responsible for the development of the IRWMP .
5 .4 .2 Lead Agency. The District will act as the lead agency, ultimatel y
responsible for the final production of the Region's IRWMP, presentations t o
stakeholders, submittal of IRWM grant applications, execution of gran t
agreements with the State, and execution of agreements with RWMG member s
responsible for the implementation of projects that are awarded grants .
5 .4 .3 RWMG Member Responsibilities . All members, in a timely
fashion, will provide information sufficient to meet State guidelines for thei r
regional projects and programs to be included in the IRWMP and participate i n
the review of the IRWMP . All Members will participate in the process to selec t
IRWMP regional projects and programs for grant applications . Members
responsible for the implementation of regional projects and programs awarde d
grant funding will be responsible, through contract with the District, fo r
C3-16
•
•
•
Attachmen t
•
•
complying with the provisions of the District's grant agreement with the State .
Members will provide the District with their designated representative's contac t
information . Members will adopt the IRWMP in accordance with 5 .5 and 5 .6
below .
5 .4 .4 Stakeholder Participation . RWMG Members and other regiona l
stakeholder groups participate in the IRWMP development process by way o f
presentations to the Water Resources Advisory Committee (WRAC).
Stakeholders that are not WRAC members will be notified of when an IRWM P
item will be reviewed by the WRAC . Sub-regional meetings may be required t o
ensure all stakeholders, including disadvantaged communities, who may no t
necessarily be able to attend WRAC meetings, can participate in IRWM P
development.
5 .4 .5 IRWMP Development and Implementation . The Region's IRWM P
that was adopted by the District, developed in coordination with and approve d
by stakeholders in 2005, and updated in 2007, will be the basis for the next an d
subsequent adopted IRWMPs for the Region . The RWMG will propos e
changes to the previous versions of the IRWMP to comply with new Stat e
guidelines and incorporate new information and projects, for review an d
approval in accordance with 5 .5 and 5 .6 below . Since a key element of th e
IRWM Program is integration, the RWMG will work with other WRAC Member s
to identify water management strategies for the region and the priority project s
that demonstrate how these strategies work together to protect and improv e
water quality ; improve regional water supply reliability and security ; protect ,
enhance and restore the region's natural resources ; monitor, protect, an d
improve the region's groundwater ; and develop, fund, and implement a n
integrated, watershed approach to flood management . Regional projects an d
programs would be categorized and opportunities to identify regional benefits o f
linkages between multiple water management strategies among projects an d
programs of separate service functions and to see where projects an d
programs of separate service functions may further interrelate, e .g . wastewate r
treatment and water recycling or habitat restoration .
5 .5 Decision-making .The WRAC will serve as the main advisor to th e
RWMG on decisions to be made on the IRWMP . Written consensus will b e
sought between the representatives of RWMG members in the event the nee d
for a decision arises that cannot be brought forth to the WRAC before a
decision needs to be made .
5.6 Adoption of the IRWMP .IRWMP approval and adoption will occur b y
the governing bodies of RWMG Members . IRWMP updates to meet new Stat e
guidelines, add new RWMG Members, add or remove regional projects an d
programs, or other updates to information do not require IRWMP re-adoption .
Significant changes to the IRWMP, including revised goals and objectives ,
revised regional boundaries, or other changes deemed significant by th e
RWMG, will require re-adoption of the IRWMP .
5.7 Non-binding nature . This document and participation in this IRWM P
effort are nonbinding, and in no way suggest that a RWMG Member may no t
continue its own planning and undertake efforts to secure project funding fro m
any source . An agency may withdraw from participation at any time .
C3-17
Attachment
5 .8 Personnel and financial resources .It is expected that RWM G
members will contribute the resources necessary to fulfill the responsibilities i n
5 .4 .3 above .
5 .9 Other on-going regional efforts .Development of the IRWMP i s
separate from efforts of other organizations to develop water-related plans on a
regional basis . As the IRWMP is developed, work products can be shared wit h
these separate efforts to provide them with current information . Cooperativ e
agreements between specific RWMG members for implementation of specifi c
projects or programs are included as attachments to this MOU .
5.10 Reports and communications .The WRAC, an IRWM contact list an d
the District's website will serve as the forum for updates and correspondenc e
relating to the development of the IRWMP .
5.11 Termination .Because the IRWMP will require periodic review an d
updating for use into the future, it is envisioned that the joint efforts of thos e
involved will be ongoing in maintaining a living document . Thus this MOU wil l
remain as a reflection of the understandings of the RWMG Members . As
indicated, individual signatories of this MOU may terminate their involvement a t
any time .
6 . SIGNATORIES TO THE MEMORANDUM OF MUTUAL UNDERSTANDING S
We, the undersigned representatives of our respective agencies, acknowledg e
the above as our understanding of how the San Luis Integrated Regional Wate r
Management Plan will be developed .
signature
printed nam e
agenc y
date
•
•
APPROVED AS TO FORM :
C3-1 8
THAN E LOWELL
City Attorney