can a gsa be formed within a partially adjudicated basin? | brian powell, emwd
TRANSCRIPT
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Can a GSA be formed within a Partially Adjudicated Basin?Brian Powell, P.E.
4/7/2016
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Agenda
• Background Information on Eastern Municipal Water District
• How SGMA addresses Adjudicated Basins
• How the San Jacinto Basin was Adjudicated
• Example of a Potential Multi-Agency GSA Governance Structure
• Potential Impacts without a GSA
• Conclusion
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Background Information on EMWD
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Eastern Municipal Water District
• Formed in 1950
• Services include:
– Water delivery
– Water treatment (2 plants)
– Wastewater collection
– Wastewater treatment (4 plants)
– Recycled water
• Service Area
– Population of 758,000 people
– 542 sq. mi. Service Area
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Eastern Municipal Water District
EMWD is one of 5 SAWPA Member Agencies
EMWD Service Area
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Eastern Municipal Water District
• Moreno Valley (north) toTemecula (south)
• Seven cities and the unincorporated areas
• Wholesale to Rancho California Water District and Lake Hemet Municipal Water District
• One of 26 member agencies of the Metropolitan Water District of Southern California
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Eastern Municipal Water District
San Jacinto Basin
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How SGMA addresses Adjudicated Basins
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SGMA and Adjudicated Basins
• The SGMA legislation exempts Adjudicated Basins
– The entire San Jacinto Basin is specifically, yet incorrectly, exempted
•
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SGMA and Adjudicated Basins
• The SGMA legislation has an exception to the exemptions:
– The exception only applies to the area for which the adjudication action has determined those rights.
• Therefore, the areas (water rights) that are not adjudicated are assumed to be subject to SGMA and require a GSA
• The State Water Resources Control Board will be the agency that will make a determination on GSA eligibility based on requests received by local agencies seeking clarifications
10720.8. (continued)
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How the San Jacinto Basin was Adjudicated
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San Jacinto Groundwater Basin
EMWD Service Area
West San Jacinto Basin* Unadjudicated *
East/West Divide
West San Jacinto Basin• Unadjudicated
East San Jacinto Basin• Adjudicated
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San Jacinto Groundwater Basin
West San Jacinto Basin• AB 3030 Mgmt Plan• Managed by EMWD
East San Jacinto Basin• Watermaster• GW Mgmt Plan
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East San Jacinto Groundwater Basin
Non-Participants(Yellow)
Participants:Class A & B
(Blue & Green)
Unidentified non-parties
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East San Jacinto Groundwater Basin
Regulated pumping(Agencies & Class B)
represents 71.5% of total
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East San Jacinto Groundwater Basin
Non-regulated pumping(Class A & Non-Participants)
represents 28.5% of total
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East San Jacinto Groundwater Basin
The Stipulated Judgment:
• Is silent on groundwater production by Non-Participants and unidentified groundwater producers
• Requires production by the agencies to be reduced if the basin goes into overdraft
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Example of a Potential Multi-Agency GSA Governance Structure
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Example of a Potential Multi-GSA Basin
West San Jacinto Basin:EMWD GSA
East San Jacinto Basin:Multi-Agency GSA
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Example of a Potential Multi-Agency GSA Governance Structure
MOA Agencies• EMWD• LHMWD• Hemet• San Jacinto
Technical Advisory Committee (TAC)• MOA Agencies• Private Pumper Representative• Signatories to the MOA
Signatories to the MOA• Box Springs Mutual Water Co.• County of Riverside & RC Flood• City of Menifee• City of Moreno Valley• Nuevo Water Company• City of Perris
Non-Signatories to the MOA• Ca. Dept. of Fish & Wildlife• Private GW Producers• San Jacinto River Watershed
Council• Valley-Wide Rec. & Park Dist.• Western R. C. Ag. Coalition
Other Potential Stakeholders
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Potential Impacts without a GSA
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Without a GSA
• A large commercial water user, such as a water bottlingfacility, acquires property currently owned by a Class Aor Non-Participant to construct a bottling facility.
• The bottling company drillsseveral wells and significantlyincreases pumping to serve the overlying beneficial use. The pumping impacts basin levels and the overall equilibrium of the basin.
• This pumping is not subject to the court’s jurisdiction under the Stipulated Judgment and, therefore, cannot be regulated by the Watermaster.
• With water levels declining in the basin, the public Agencies would be required to reduce their pumping to keep the basin in equilibrium.
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With a GSA
• Under this scenario, the Multi-Agency GSA would have the legal authority to manage the bottling facility’s production by levying a fee against pumping in excess of historic usage that is causing impacts in the basin.
• The Multi-Agency GSA would then use these funds to replenish the basin in an amount equal to the excess pumping by the bottling facility.
• The basin would then return toequilibrium.
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Conclusion
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Conclusion
West San Jacinto Basin
• GSA is required since there is no adjudication
• Basin is already being managed by EMWD (AB 3030)
• No significant overdraft
• Area with rising groundwater
• Water Quality/Salinity issues
Next Steps
• EMWD to form GSA
• Update existing GW Mgmt Plan
• Continue managing the basin
East San Jacinto Basin
• Legal opinions support GSA formation, awaiting SWRCB determination
• Basin is already being managed by Watermaster
• Overdraft being mitigated
• Unregulated pumping is a concern
• WM Agencies want a role in GSA
Next Steps
• Form a Multi-Agency GSA
• Update the existing GW Mgmt Plan
• Continue managing the basin
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Next Steps
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Contact Information
Brian Powell, P.E.Director of PlanningPhone Number (951) 928-3777 Ext. 4278
Email: [email protected]