For Water Subcommittee Meeting October 23, 2024
TO: Honorable Water Subcommittee Members
APPROVAL: John Rossi, Interim Utilities Director
FROM: Toyasha Sebbag, Assistant to the City Manager
...Title
Staff requests that the Water Subcommittee provide feedback on the Memorandum of Understanding with San Bernardino Valley Municipal Water District, San Bernardino County, and San Bernardino County Flood Control District regarding the Cactus Basin Recharge. (ACTION)
RECOMMENDATION
Staff recommends that the Water Subcommittee provide feedback on the Memorandum of Understanding with San Bernardino Valley Municipal Water District, San Bernardino County, and San Bernardino County Flood Control District regarding the Cactus Basin Recharge.
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BACKGROUND
Declining groundwater elevations in the Rialto-Colton Basin have resulted in reductions of allowable pumping in accordance with the court-ordered Rialto Decree.
On October 3, 2024, the San Bernardino Valley Municipal Water District (SBV) board was presented with a Memorandum of Understanding (MOU) with San Bernardino County (SB County) and San Bernardino County Flood Control District (Flood Control District) to use the State Water Project (SWP) for recharge activities in Cactus Basins. As proposed, this would help meet current and future water demands and sustain pumping rates from groundwater remediation systems in the Rialto-Colton Basin.
Subsequently, on October 8, 2024, SB County and the Flood Control District Board of Supervisors were presented with the MOU for approval.
SBV and the Board of Supervisors approved the MOU for a contract term of October 8, 2024, through October 7, 2025, with the option to extend for one additional year to use SWP to recharge at Cactus Basins (ATTACHMENT).
ANALYSIS/DISCUSSION
The MOU outlines collaborative activities the parties to the MOU will engage in to share data and technical analyses, engage with Rialto-Colton Basin stakeholders, and develop an Adaptive Management Plan (AMP). The goal of implementing this effort is to collaboratively develop an agreement that will facilitate recharge of supplemental water at Cactus Basins in the City of Rialto and include sufficient mechanisms to protect the County and Flood Control District from potential increased risk associated with groundwater movement due to recharge.
SBV staff confirmed that the MOU is consistent with the concept that was discussed at the San Bernardino County Admin Building in April 2024, including an anticipated recharge agreement that must be approved by the SB County, Flood Control District, and SBV prior to initiation of SWP Recharge Activities in Cactus Basins.
The agreement must be approved by the Rialto-Colton groundwater basin producers to provide an opportunity for the parties to evaluate risks and obtain adequate legal and cost mechanisms for the SB County and Flood Control District against claims, legal actions, or increased response costs that could be sought by Rialto-Colton Basin Stakeholders against the SB County and Flood Control District from recharge activities that adversely impact existing perchlorate groundwater plumes.
ENVIRONMENTAL IMPACT
This request is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3 in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney’s Office has reviewed the staff report.
FINANCIAL IMPACT
Operating Budget Impact: No impact.
Capital Improvement Budget Impact: No impact.