Loading...
HomeMy WebLinkAboutRESOLUTIONS - 04252017 - 2017/148SanJoaquinCounty AlamedaCounty SolanoCounty StanislausCounty SacramentoCounty ContraCostaCounty SanJoaquinCounty SanJoaquinCounty §¨¦55 §¨¦580 §¨¦205 §¨¦680 ÄÅ1212 ÄÅ44 ÄÅ8484 ÄÅ3333 ÄÅ9999 ÄÅ8888 ÄÅ2626 ÄÅ44 ÄÅ44 ÄÅ1212 ÄÅ8484 ÄÅ160 ÄÅ132 ÄÅ120 ÄÅ113 ÄÅ1212 ÄÅ44 §¨¦580 §¨¦55 §¨¦55 §¨¦55 ÄÅ9999 ÄÅ160 BethelIsland Byron Knightsen DiscoveryBay UnionIsland RobertsIsland StatenIsland ShermanIsland TylerIsland TerminousTract RindgeTract VictoriaIsland WebbTract BrannanIsland BaconIsland BouldinIsland AndrusIsland ByronTract GrandIsland StewartTract McDonaldIsland HollandTract KingIsland DrexlerTract EmpireIsland JonesTract VeniceIsland TwitchellIs WrightTract OrwoodTract JerseyIsland MandevilleIsland PalmTract BradfordIsland VealeTract Wood-wardIsland ConeyIsland MedfordIslandQuimbyIsland Stockton Tracy Lodi Livermore Lathrop Pleasanton Manteca Dublin RioVista Isleton Oakley Antioch Brentwood Pittsburg San J o aquin RiverSacramento RiverOld Ri ver Old R i v e r San Joaq uin River FranksTract BigBreak CliftonCourtForebayLosVaquerosReservoir Middle River ShermanLake San J o a q uin River Delt a M e n d o t a C a n a l Cali f o r n i a A q u e d u c t ®0 6 123 MilesMap created 03/22/2017by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. Exhibit A - Contra Costa County Groundwater Sustainability Agency Formation Portion of Tracy Subbasin managed byEast CC County GSAs Tracy Subbasin California SanJoaquinValley TracySubbasin SanJoaquinValley TracySubbasin AlamedaCounty SolanoCounty SacramentoCounty ContraCostaCounty SanJoaquinCounty ContraCostaCounty ÄÅ44 ÄÅ160 ÄÅ1212 ÄÅ44 ÄÅ44 BethelIsland Byron Knightsen ShermanIsland WebbTract BaconIsland VictoriaIslandByronTract HollandTract JerseyIsland MandevilleIsland UnionIsland BouldinIsland TwitchellIsland PalmTract BradfordIsland VeniceIsland OrwoodTract Veale Tract AndrusIsland WoodwardIsland ConeyIsland QuimbyIsland DeckerIsland WinterIsland Oakley City ofAntiochGSA City ofBrentwoodGSA Pittsburg BixlerTractSan J o a q uin RiverOld RiverOld RiverMiddle River False River Dutch Slough Conne c t i o n S l o u g h Pi p e r S l o u g h T a y l o r S l o u g h Rock SloughSand Mound SloughHolland CutFisherman's CutIndian Slou g h Woodward CanalSheep SloughFranksTract BigBreak ShermanLake CliftonCourtForebay LosVaquerosReservoir Broad Slough Little FranksTract ContraLomaReservoir AntiochMunicipalReservoir MarshCreekReservoir Dredgers Cut Victoria CanalItalian SloughWest Cana l Grant Line Canal California AqueductDelta Mendota CanalMokelumne River Sacramento RiverDiabloWaterDistrictGSA Discovery BayCommunity Services District GSA ContraCostaCountyGSA East ContraCostaIrrigationDistrictGSA ByronBethanyIrrigation DistrictGSA Exhibit B - Contra Costa County Groundwater Sustainability Agency Formation 0 3 61.5 MilesMap created 03/22/2017by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.® Diablo Water District GSA Brentwood GSA Antioch GSA Byron-Bethany Irrigation District GSA East Contra Costa Irrigation District GSA Discovery Bay Community Services District GSA Water Providing District Irrigation District City Contra Costa County Contra Costa County GSA Tracy Subbasin City Limit GSAs within East CC County Portion of Tracy Subbasin Exhibit D Page 1 of 15 MEMORANDUM OF UNDERSTANDING 1 2 Development of a Groundwater Sustainability Plan 3 for the East Contra Costa County Portion of the 4 Tracy Subbasin, (DWR Basin 5-22.15, San Joaquin Valley) 5 6 This Memorandum of Understanding for the Development of a Groundwater 7 Sustainability Plan for the East Contra Costa County portion of the Tracy Subbasin, (DWR Basin 8 5-22.15, San Joaquin Valley) (“MOU”) is entered into and effective this _____ day of 9 _________________, 2017 (“Effective Date”) by and among the City of Antioch (“Antioch”), 10 City of Brentwood (“Brentwood”), Byron-Bethany Irrigation District (“BBID”), Contra Costa 11 Water District (“CCWD”), Contra Costa County (“County”), Diablo Water District (“DWD”), 12 East Contra Costa Irrigation District (“ECCID”), and Discovery Bay Community Services 13 District (“Discovery Bay”). Each of the foregoing parties to this MOU is sometimes referred to 14 herein as a “Party” and are collectively sometimes referred to as the “Parties.” 15 Recitals 16 A. In September 2014, the California Legislature enacted the Sustainable Groundwater 17 Management Act of 2014 (“SGMA”), which established a statewide framework for the 18 sustainable management of groundwater resources. That framework focuses on granting new 19 authorities and responsibility to local agencies while holding those agencies accountable. The 20 framework also provides for state intervention where a local agency fails to develop a 21 groundwater sustainability plan in a timely manner. 22 Exhibit D Page 2 of 15 B. The Tracy Subbasin (“Basin”) is referred to as DWR Basin 5-22.15, San Joaquin Valley 23 and is shown on the map attached hereto as Exhibit A and incorporated herein by reference as if 24 set forth in full. The Tracy Subbasin is located in eastern Contra Costa County and in San 25 Joaquin County, and Alameda County. The portion of the Basin within Contra Costa County is 26 referred to herein as the “East CC Basin,” the portion of the Basin within San Joaquin County is 27 referred to herein as the “SJ Basin, and the portion of the Basin within Alameda County is 28 referred to herein as the “Alameda Basin.” The Parties collectively overlie all of the East CC 29 Basin. 30 C. Under SGMA, one or more local agencies may form a groundwater sustainability agency 31 (“GSA”), by memorandum of agreement, joint exercise of powers agreement, or other 32 agreement. (Wat. Code, §§ 10723(a), 10723.6.) The Parties desire for each Party to be the GSA 33 within all or a portion of that Party’s boundary. The Parties further desire to develop a 34 governance structure for the East CC Basin to be considered during development of the 35 groundwater sustainability plan (a “GSP”) for the East CC Basin (the “East CC Basin GSP”). 36 The Parties further desire to resolve areas of jurisdictional overlap so that no two Parties serve as 37 GSAs over the same area. The purpose of this MOU is to coordinate the Parties’ activities 38 related to each Party becoming a GSA, development of the East CC Basin GSP, and each Party’s 39 future consideration of whether to adopt a GSP for the East CC Basin. 40 D. The Parties wish to collaborate in an effort to ensure sustainable groundwater 41 management for the East CC Basin, manage the groundwater basin as efficiently as practicable 42 balancing the financial resources of the agencies with the principles of effective and safe 43 groundwater management, while retaining groundwater management authority within their 44 respective jurisdictions. The Parties desire to share responsibility for East CC Basin 45 Exhibit D Page 3 of 15 management under SGMA. The Parties recognize that the key to success in this effort will be 46 the coordination of activities under SGMA, and the collaborative development of the East CC 47 Basin GSP, which each Party may consider adopting and implementing within its GSA 48 management area. The Parties also will need to confer with GSAs for the SJ Basin and Alameda 49 Basin regarding the terms of an agreement that coordinates the East CC Basin GSP with the 50 GSP(s) of the GSA(s) for the SJ Basin and the Alameda Basin. 51 E. The Basin has been designated by the California Department of Water Resources 52 (“DWR”) as a medium-priority groundwater basin, which, under the terms of SGMA, means that 53 the Parties must submit an East CC Basin GSP to DWR by January 31, 2022. 54 F. The Parties wish to memorialize their commitments by means of this MOU. 55 Understandings 56 1. Term. The term of this MOU begins on the Effective Date, which shall occur upon 57 execution of this MOU by all eight of the parties, and this MOU shall remain in full force 58 and effect until the earliest of the following events: (i) January 31, 2022, (ii) the date 59 upon which the Parties submit an East CC Basin GSP to DWR, or (iii) the date upon 60 which the Parties then party to the MOU execute a document jointly terminating the 61 provisions of this MOU. An individual Party’s obligations under this MOU terminate 62 when the Party withdraws from the MOU in accordance with Section 4. 63 2. Development of the GSP 64 a. Parties to Become GSAs. Each Party, except Contra Costa Water District, agrees 65 to take the necessary actions to become the GSA for all or a portion of that area of 66 the East CC Basin that it overlies, as shown on Exhibit B, attached hereto, no later 67 Exhibit D Page 4 of 15 than April 1, 2017, or shortly thereafter. The Parties shall jointly submit the 68 Parties’ individual elections to become GSAs and this MOU to DWR prior to 69 April 1, 2017, or shortly thereafter. The Parties further agree to develop a 70 governance structure for the East CC Basin to be considered during development 71 of the East CC Basin GSP 72 b. Single GSP. The Parties will collaborate to develop a single East CC Basin GSP 73 that, at a minimum, satisfies the GSP requirements in the SGMA and the 74 regulations promulgated under the SGMA. The East CC Basin GSP must include 75 an analysis of implementation costs and revenue sources, and must include an 76 analysis of governance structure options. The East CC Basin GSP shall be drafted 77 in a manner that preserves, and does not purport to supersede, the land use 78 authority of each city or county, or the statutory authority of each special district, 79 that is a party to this MOU. The East CC Basin GSP must include provisions for 80 consultation between a GSA and any public agency that the GSA overlaps before 81 the GSA takes any action that may relate to that public agency’s exercise of its 82 statutory authority. Unless the Parties later agree otherwise, it is intended that the 83 East CC Basin GSP will be implemented by each Party within its respective GSA 84 management area, and that the Parties will coordinate their implementation of the 85 East CC Basin GSP. The Parties will endeavor to negotiate terms of an 86 agreement with the GSA(s) for the SJ Basin and the Alameda Basin, to ensure 87 that the East CC Basin, SJ Basin, and Alameda Basin GSAs’ GSP(s) are 88 coordinated consistent with the SGMA. If the terms of that MOU are negotiated, 89 the Parties will ask their governing bodies to consider approving the MOU. 90 Exhibit D Page 5 of 15 c. Overlap Areas. Solely for the purpose of complying with the SGMA requirement 91 that GSA management areas not overlap, the Parties agree that there are no 92 overlapping GSA management areas, as shown on Exhibit B. This MOU does not 93 purport to limit any Party’s legal authority to utilize and deliver groundwater or 94 surface water throughout its jurisdictional boundary (as may be amended from 95 time-to-time), which may include area outside of a Party’s management area 96 shown on Exhibit B. 97 d. Cooperation of Efforts. The Parties will designate staff who will endeavor to 98 meet monthly or more frequently if necessary to develop the terms of the East CC 99 Basin GSP in an expeditious manner. 100 e. Financing . 101 (1) The outside technical/consultant costs associated with developing the East CC 102 Basin GSP (“GSP Costs”) will be shared equally among the Parties. However, 103 the County, at its sole discretion, may satisfy its share of GSP Costs by providing 104 in-kind services, which may include mapping, graphics, and database 105 management services. 106 (2) The $118,300 contract with Luhdorff and Scalmanini dated April 1, 2015, for 107 SGMA technical support has been paid one-fifth each by BBID, Brentwood, 108 DWD, ECCID and Discovery Bay. Antioch and CCWD agree that within 60 days 109 of the effective date of this MOU, they shall reimburse BBID, Brentwood, DWD, 110 ECCID and Discovery Bay each $3,380 in order to reallocate the $118,300 111 contract cost into one-seventh portions. 112 Exhibit D Page 6 of 15 f. Approval of the GSP. The Parties agree that the East CC Basin GSP will become 113 effective for each Party when all of the Parties adopt the East CC Basin GSP. 114 3. Savings Provisions. This MOU shall not operate to validate or invalidate, modify or 115 affect any Party’s water rights or any Party’s obligations under any agreement, contract 116 or memorandum of understanding/agreement entered into prior to the effective date of 117 this MOU. Nothing in this MOU shall operate to convey any new right to groundwater to 118 any Party. Each Party to this MOU reserves any and all claims and causes of action 119 respecting its water rights and/or any agreement, contract or memorandum of 120 understanding/agreement; any and all defenses against any water rights claims or claims 121 under any agreement, contract or memorandum of understanding/agreement. 122 4. Withdrawal. Any Party shall have the ability to withdraw from this MOU by providing 123 sixty (60) days written notice of its intention to withdraw. Said notice shall be given to 124 each of the other Parties. 125 a. A Party shall not be fiscally liable for expenditures following its withdrawal from 126 this MOU, provided that the Party provides written notice at least sixty (60) days 127 prior to the effective date of the withdrawal. A withdrawal shall not terminate, or 128 relieve the withdrawing Party from, any express contractual obligation to another 129 Party to to this MOU or to any third party incurred or encumbered prior to the 130 withdrawal. 131 b. In the event of a Party’s withdrawal, this MOU shall continue in full force and 132 effect among the remaining Parties. Further, a Party’s withdrawal from this MOU 133 does not, without further action by that Party, have any effect on the withdrawing 134 Party’s decision to be a GSA. A withdrawing Party shall coordinate the 135 Exhibit D Page 7 of 15 development of its groundwater sustainability plan with the other Parties to this 136 MOU. 137 5. CEQA. Nothing in this MOU commits any Party to undertake any future discretionary 138 actions referenced in this MOU, including but not limited to electing to become a GSA 139 and adopting the East CC Basin GSP. Each Party, as a lead agency under the California 140 Environmental Quality Act (“CEQA”), shall be responsible for complying with all 141 obligations under CEQA that may apply to the Party’s future discretionary actions 142 pursuant to this MOU, including electing to become a GSA and adopting the East CC 143 Basin GSP. 144 6. Books and Records. Each Party shall have access to and the right to examine any of the 145 other Party’s pertinent books, documents, papers or other records (including, without 146 limitation, records contained on electronic media) relating to the performance of that 147 Party’s obligations pursuant to this Agreement, providing that nothing in this paragraph 148 shall be construed to operate as a waiver of any applicable privilege and provided further 149 that nothing in this paragraph shall be construed to give either Party rights to inspect the 150 other Party’s records in excess of the rights contained in the California Public Records 151 Act. 152 7. General Provisions 153 a. Authority. Each signatory of this MOU represents that s/he is authorized to 154 execute this MOU on behalf of the Party for which s/he signs. Each Party 155 represents that it has legal authority to enter into this MOU and to perform all 156 obligations under this MOU. 157 Exhibit D Page 8 of 15 b. Amendment. This MOU may be amended or modified only by a written 158 instrument executed by each of the Parties to this MOU. 159 c. Jurisdiction and Venue. This MOU shall be governed by and construed in 160 accordance with the laws of the State of California, except for its conflicts of law 161 rules. Any suit, action, or proceeding brought under the scope of this MOU shall 162 be brought and maintained to the extent allowed by law in the County of Contra 163 Costa, California. 164 d. Headings. The paragraph headings used in this MOU are intended for 165 convenience only and shall not be used in interpreting this MOU or in 166 determining any of the rights or obligations of the Parties to this MOU. 167 e. Construction and Interpretation. This MOU has been arrived at through 168 negotiations and each Party has had a full and fair opportunity to revise the terms 169 of this MOU. As a result, the normal rule of construction that any ambiguities are 170 to be resolved against the drafting Party shall not apply in the construction or 171 interpretation of this MOU. 172 f. Entire Agreement. This MOU constitutes the entire agreement of the Parties with 173 respect to the subject matter of this MOU and supersedes any prior oral or written 174 agreement, understanding, or representation relating to the subject matter of this 175 MOU. 176 g. Partial Invalidity. If, after the date of execution of this MOU, any provision of 177 this MOU is held to be illegal, invalid, or unenforceable under present or future 178 laws effective during the term of this MOU, such provision shall be fully 179 Exhibit D Page 9 of 15 severable. However, in lieu thereof, there shall be added a provision as similar in 180 terms to such illegal, invalid or unenforceable provision as may be possible and 181 be legal, valid and enforceable. 182 h. Waivers. Waiver of any breach or default hereunder shall not constitute a 183 continuing waiver or a waiver of any subsequent breach either of the same or of 184 another provision of this MOU and forbearance to enforce one or more of the 185 remedies provided in this MOU shall not be deemed to be a waiver of that 186 remedy. 187 i. Necessary Actions. Each Party agrees to execute and deliver additional 188 documents and instruments and to take any additional actions as may be 189 reasonably required to carry out the purposes of this MOU. 190 j. Compliance with Law. In performing their respective obligations under this 191 MOU, the Parties shall comply with and conform to all applicable laws, rules, 192 regulations, and ordinances. 193 k. Liability. Each Party agrees to indemnify and hold every other Party to the 194 Agreement, and their officers, agents and employees, free and harmless from any 195 costs or liability imposed upon any other Party, officers, agents, or employees 196 arising out of any acts or omissions of its own officers, agents or employees. 197 l. Third Party Beneficiaries. This MOU shall not create any right or interest in any 198 non-Party or in any member of the public as a third party beneficiary. 199 Exhibit D Page 10 of 15 m. Counterparts. This MOU may be executed in one or more counterparts, each of 200 which shall be deemed to be an original, but all of which together shall constitute 201 but one and the same instrument. 202 n. Notices. All notices, requests, demands or other communications required or 203 permitted under this MOU shall be in writing unless provided otherwise in this 204 MOU and shall be deemed to have been duly given and received on: (i) the date 205 of service if served personally or served by electronic mail or facsimile 206 transmission on the Party to whom notice is to be given at the address(es) 207 provided below, (ii) on the first day after mailing, if mailed by Federal Express, 208 U.S. Express Mail, or other similar overnight courier service, postage prepaid, and 209 addressed as provided below, or (iii) on the third day after mailing if mailed to the 210 Party to whom notice is to be given by first class mail, registered or certified, 211 postage prepaid, addressed as follows: 212 213 City of Antioch 214 City Manager 215 P.O. Box 5007 216 Antioch, CA 94531-5007 217 Telephone: (925) 779-7011 218 Facsimile: (925) 779-7003 219 220 221 222 Exhibit D Page 11 of 15 City Of Brentwood 223 City Manager 224 150 City Park Way 225 Brentwood, CA 94513 226 Phone: (925) 516-5400 227 Fax: (925) 516-5441 228 229 Byron Bethany Irrigation District 230 General Manager 231 7995 Bruns Road 232 Byron, CA 94514-1625 233 Telephone: (209) 835-0375 234 Facsimile: (209) 835-2869 235 236 237 Contra Costa Water District 238 General Manager 239 Contra Costa Water District 240 P. 0. Box H20 241 Concord, CA 94524 242 Phone (925) 688-8032 243 Fax (925) 688-8197 244 245 246 Exhibit D Page 12 of 15 247 Contra Costa County 248 Director, Department of Conservation and Development 249 30 Muir Road 250 Martinez, CA 94553 251 Phone (925) 674-7866 252 253 Diablo Water District 254 Attn: General Manager 255 P.O. Box 127 256 87 Carol Lane 257 Oakley, CA 94561 258 Phone: (925) 625-3798 259 Fax: (925) 625-0814 260 261 262 East Contra Costa Irrigation District 263 General Manager 264 1711 Sellers Avenue 265 Brentwood, CA 94513 266 Phone: (925) 634-3544 267 Fax: (925) 634-0897 268 269 270 Exhibit D Page 13 of 15 Discovery Bay Community Services District 271 C/O: Mike Davies, General Manager 272 1800 Willow Lake Road 273 Discovery Bay, CA 94505-9376 274 Telephone: (925) 634-1131 275 Facsimile: (925) 513-2705 276 277 8. Signatures. The Following signatures attest each Party’s agreement hereto. 278 CITY OF ANTIOCH 279 280 By: ______________________________________ Date: ____________________ 281 Ron Bernal, Interim City Manager 282 APPROVED AS TO FORM: 283 284 By: ______________________________________ Date: ____________________ 285 Michael Vigilia, City Attorney 286 287 CITY OF BRENTWOOD 288 289 By: ______________________________________ Date: ____________________ 290 Gustavo “Gus” Vina, City Manager 291 292 APPROVED AS TO FORM: 293 294 By: ______________________________________ Date: ____________________ 295 Damien Brower, City Attorney 296 297 Exhibit D Page 14 of 15 BYRON BETHANY IRRIGATION DISTRICT 298 299 By: ______________________________________ Date: ____________________ 300 Rick Gilmore, General Manager 301 302 CONTRA COSTA WATER DISTRICT 303 304 By: ______________________________________ Date: ____________________ 305 Jerry Brown, General Manager 306 307 APPROVED AS TO FORM: 308 309 By: ______________________________________ Date: ____________________ 310 District Legal Counsel 311 312 CONTRA COSTA COUNTY 313 314 By: ______________________________________ Date: ____________________ 315 John Kopchik, Director of 316 Conservation and Development 317 APPROVED AS TO FORM: 318 Sharon L. Anderson, County Counsel 319 320 By: ______________________________________ Date: ____________________ 321 Deputy County Counsel 322 323 DIABLO WATER DISTRICT 324 325 By: ______________________________________ Date: ____________________ 326 Mike Yeraka, General Manager 327 Exhibit D Page 15 of 15 328 EAST CONTRA COSTA IRRIGATION DISTRICT 329 330 By: ______________________________________ Date: ____________________ 331 Patricia A. Corey, General Manager 332 333 DISCOVERY BAY COMMUNITY SERVICES DISTRICT 334 335 By: ______________________________________ Date: ____________________ 336 Michael R. Davies, General Manager 337 AlamedaCounty SolanoCounty SacramentoCounty ContraCostaCounty SanJoaquinCounty ContraCostaCounty ÄÅ44 ÄÅ160 ÄÅ1212 ÄÅ44 ÄÅ44 BethelIsland Byron Knightsen ShermanIsland WebbTract BaconIsland VictoriaIslandByronTract HollandTract JerseyIsland MandevilleIsland UnionIsland BouldinIsland TwitchellIsland PalmTract BradfordIsland VeniceIsland OrwoodTract Veale Tract AndrusIsland WoodwardIsland ConeyIsland QuimbyIsland DeckerIsland WinterIsland Oakley Pittsburg BixlerTract Antioch BrentwoodSan J o a q uin RiverOld RiverOld RiverMiddle River False River Dutch Slough Conne c t i o n S l o u g h Pi p e r S l o u g h T a y l o r S l o u g h Rock SloughSand Mound SloughHolland CutFisherman's CutIndian Slou g h Woodward CanalSheep SloughFranksTract BigBreak ShermanLake CliftonCourtForebay LosVaquerosReservoir Broad Slough Little FranksTract ContraLomaReservoir AntiochMunicipalReservoir MarshCreekReservoir Dredgers Cut Victoria CanalItalian SloughWest Cana l Grant Line Canal California AqueductDelta Mendota CanalMokelumne River Sacramento RiverExhibit C - Contra Costa County Groundwater Sustainability Agency Formation 0 3 61.5 MilesMap created 03/21/2017by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.® Contra Costa County Contra Costa County GSA Tracy Subbasin Portion of Tracy Subbasinwithin Contra Costa County City Limit SanJoaquinCounty AlamedaCounty SolanoCounty StanislausCounty SacramentoCounty ContraCostaCounty SanJoaquinCounty SanJoaquinCounty §¨¦55 §¨¦580 §¨¦205 §¨¦680 ÄÅ1212 ÄÅ44 ÄÅ8484 ÄÅ3333 ÄÅ9999 ÄÅ8888 ÄÅ2626 ÄÅ44 ÄÅ44 ÄÅ1212 ÄÅ8484 ÄÅ160 ÄÅ132 ÄÅ120 ÄÅ113 ÄÅ1212 ÄÅ44 §¨¦580 §¨¦55 §¨¦55 §¨¦55 ÄÅ9999 ÄÅ160 BethelIsland Byron Knightsen DiscoveryBay UnionIsland RobertsIsland StatenIsland ShermanIsland TylerIsland TerminousTract RindgeTract VictoriaIsland WebbTract BrannanIsland BaconIsland BouldinIsland AndrusIsland ByronTract GrandIsland StewartTract McDonaldIsland HollandTract KingIsland DrexlerTract EmpireIsland JonesTract VeniceIsland TwitchellIs WrightTract OrwoodTract JerseyIsland MandevilleIsland PalmTract BradfordIsland VealeTract Wood-wardIsland ConeyIsland MedfordIslandQuimbyIsland Stockton Tracy Lodi Livermore Lathrop Pleasanton Manteca Dublin RioVista Isleton Oakley Antioch Brentwood Pittsburg San J o aquin RiverSacramento RiverOld Ri ver Old R i v e r San Joaq uin River FranksTract BigBreak CliftonCourtForebayLosVaquerosReservoir Middle River ShermanLake San J o a q uin River Delt a M e n d o t a C a n a l Cali f o r n i a A q u e d u c t ®0 6 123 MilesMap created 03/22/2017by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information. Exhibit A - Contra Costa County Groundwater Sustainability Agency Formation Portion of Tracy Subbasin managed byEast CC County GSAs Tracy Subbasin California SanJoaquinValley TracySubbasin SanJoaquinValley TracySubbasin AlamedaCounty SolanoCounty SacramentoCounty ContraCostaCounty SanJoaquinCounty ContraCostaCounty ÄÅ44 ÄÅ160 ÄÅ1212 ÄÅ44 ÄÅ44 BethelIsland Byron Knightsen ShermanIsland WebbTract BaconIsland VictoriaIslandByronTract HollandTract JerseyIsland MandevilleIsland UnionIsland BouldinIsland TwitchellIsland PalmTract BradfordIsland VeniceIsland OrwoodTract Veale Tract AndrusIsland WoodwardIsland ConeyIsland QuimbyIsland DeckerIsland WinterIsland Oakley City ofAntiochGSA City ofBrentwoodGSA Pittsburg BixlerTractSan J o a q uin RiverOld RiverOld RiverMiddle River False River Dutch Slough Conne c t i o n S l o u g h Pi p e r S l o u g h T a y l o r S l o u g h Rock SloughSand Mound SloughHolland CutFisherman's CutIndian Slou g h Woodward CanalSheep SloughFranksTract BigBreak ShermanLake CliftonCourtForebay LosVaquerosReservoir Broad Slough Little FranksTract ContraLomaReservoir AntiochMunicipalReservoir MarshCreekReservoir Dredgers Cut Victoria CanalItalian SloughWest Cana l Grant Line Canal California AqueductDelta Mendota CanalMokelumne River Sacramento RiverDiabloWaterDistrictGSA Discovery BayCommunity Services District GSA ContraCostaCountyGSA East ContraCostaIrrigationDistrictGSA ByronBethanyIrrigation DistrictGSA Exhibit B - Contra Costa County Groundwater Sustainability Agency Formation 0 3 61.5 MilesMap created 03/22/2017by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.® Diablo Water District GSA Brentwood GSA Antioch GSA Byron-Bethany Irrigation District GSA East Contra Costa Irrigation District GSA Discovery Bay Community Services District GSA Water Providing District Irrigation District City Contra Costa County Contra Costa County GSA Tracy Subbasin City Limit GSAs within East CC County Portion of Tracy Subbasin AlamedaCounty SolanoCounty SacramentoCounty ContraCostaCounty SanJoaquinCounty ContraCostaCounty ÄÅ44 ÄÅ160 ÄÅ1212 ÄÅ44 ÄÅ44 BethelIsland Byron Knightsen ShermanIsland WebbTract BaconIsland VictoriaIslandByronTract HollandTract JerseyIsland MandevilleIsland UnionIsland BouldinIsland TwitchellIsland PalmTract BradfordIsland VeniceIsland OrwoodTract Veale Tract AndrusIsland WoodwardIsland ConeyIsland QuimbyIsland DeckerIsland WinterIsland Oakley Pittsburg BixlerTract Antioch BrentwoodSan J o a q uin RiverOld RiverOld RiverMiddle River False River Dutch Slough Conne c t i o n S l o u g h Pi p e r S l o u g h T a y l o r S l o u g h Rock SloughSand Mound SloughHolland CutFisherman's CutIndian Slou g h Woodward CanalSheep SloughFranksTract BigBreak ShermanLake CliftonCourtForebay LosVaquerosReservoir Broad Slough Little FranksTract ContraLomaReservoir AntiochMunicipalReservoir MarshCreekReservoir Dredgers Cut Victoria CanalItalian SloughWest Cana l Grant Line Canal California AqueductDelta Mendota CanalMokelumne River Sacramento RiverExhibit C - Contra Costa County Groundwater Sustainability Agency Formation 0 3 61.5 MilesMap created 03/21/2017by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.® Contra Costa County Contra Costa County GSA Tracy Subbasin Portion of Tracy Subbasinwithin Contra Costa County City Limit Exhibit D Page 1 of 15 MEMORANDUM OF UNDERSTANDING 1 2 Development of a Groundwater Sustainability Plan 3 for the East Contra Costa County Portion of the 4 Tracy Subbasin, (DWR Basin 5-22.15, San Joaquin Valley) 5 6 This Memorandum of Understanding for the Development of a Groundwater 7 Sustainability Plan for the East Contra Costa County portion of the Tracy Subbasin, (DWR Basin 8 5-22.15, San Joaquin Valley) (“MOU”) is entered into and effective this _____ day of 9 _________________, 2017 (“Effective Date”) by and among the City of Antioch (“Antioch”), 10 City of Brentwood (“Brentwood”), Byron-Bethany Irrigation District (“BBID”), Contra Costa 11 Water District (“CCWD”), Contra Costa County (“County”), Diablo Water District (“DWD”), 12 East Contra Costa Irrigation District (“ECCID”), and Discovery Bay Community Services 13 District (“Discovery Bay”). Each of the foregoing parties to this MOU is sometimes referred to 14 herein as a “Party” and are collectively sometimes referred to as the “Parties.” 15 Recitals 16 A. In September 2014, the California Legislature enacted the Sustainable Groundwater 17 Management Act of 2014 (“SGMA”), which established a statewide framework for the 18 sustainable management of groundwater resources. That framework focuses on granting new 19 authorities and responsibility to local agencies while holding those agencies accountable. The 20 framework also provides for state intervention where a local agency fails to develop a 21 groundwater sustainability plan in a timely manner. 22 Exhibit D Page 2 of 15 B. The Tracy Subbasin (“Basin”) is referred to as DWR Basin 5-22.15, San Joaquin Valley 23 and is shown on the map attached hereto as Exhibit A and incorporated herein by reference as if 24 set forth in full. The Tracy Subbasin is located in eastern Contra Costa County and in San 25 Joaquin County, and Alameda County. The portion of the Basin within Contra Costa County is 26 referred to herein as the “East CC Basin,” the portion of the Basin within San Joaquin County is 27 referred to herein as the “SJ Basin, and the portion of the Basin within Alameda County is 28 referred to herein as the “Alameda Basin.” The Parties collectively overlie all of the East CC 29 Basin. 30 C. Under SGMA, one or more local agencies may form a groundwater sustainability agency 31 (“GSA”), by memorandum of agreement, joint exercise of powers agreement, or other 32 agreement. (Wat. Code, §§ 10723(a), 10723.6.) The Parties desire for each Party to be the GSA 33 within all or a portion of that Party’s boundary. The Parties further desire to develop a 34 governance structure for the East CC Basin to be considered during development of the 35 groundwater sustainability plan (a “GSP”) for the East CC Basin (the “East CC Basin GSP”). 36 The Parties further desire to resolve areas of jurisdictional overlap so that no two Parties serve as 37 GSAs over the same area. The purpose of this MOU is to coordinate the Parties’ activities 38 related to each Party becoming a GSA, development of the East CC Basin GSP, and each Party’s 39 future consideration of whether to adopt a GSP for the East CC Basin. 40 D. The Parties wish to collaborate in an effort to ensure sustainable groundwater 41 management for the East CC Basin, manage the groundwater basin as efficiently as practicable 42 balancing the financial resources of the agencies with the principles of effective and safe 43 groundwater management, while retaining groundwater management authority within their 44 respective jurisdictions. The Parties desire to share responsibility for East CC Basin 45 Exhibit D Page 3 of 15 management under SGMA. The Parties recognize that the key to success in this effort will be 46 the coordination of activities under SGMA, and the collaborative development of the East CC 47 Basin GSP, which each Party may consider adopting and implementing within its GSA 48 management area. The Parties also will need to confer with GSAs for the SJ Basin and Alameda 49 Basin regarding the terms of an agreement that coordinates the East CC Basin GSP with the 50 GSP(s) of the GSA(s) for the SJ Basin and the Alameda Basin. 51 E. The Basin has been designated by the California Department of Water Resources 52 (“DWR”) as a medium-priority groundwater basin, which, under the terms of SGMA, means that 53 the Parties must submit an East CC Basin GSP to DWR by January 31, 2022. 54 F. The Parties wish to memorialize their commitments by means of this MOU. 55 Understandings 56 1. Term. The term of this MOU begins on the Effective Date, which shall occur upon 57 execution of this MOU by all eight of the parties, and this MOU shall remain in full force 58 and effect until the earliest of the following events: (i) January 31, 2022, (ii) the date 59 upon which the Parties submit an East CC Basin GSP to DWR, or (iii) the date upon 60 which the Parties then party to the MOU execute a document jointly terminating the 61 provisions of this MOU. An individual Party’s obligations under this MOU terminate 62 when the Party withdraws from the MOU in accordance with Section 4. 63 2. Development of the GSP 64 a. Parties to Become GSAs. Each Party, except Contra Costa Water District, agrees 65 to take the necessary actions to become the GSA for all or a portion of that area of 66 the East CC Basin that it overlies, as shown on Exhibit B, attached hereto, no later 67 Exhibit D Page 4 of 15 than April 1, 2017, or shortly thereafter. The Parties shall jointly submit the 68 Parties’ individual elections to become GSAs and this MOU to DWR prior to 69 April 1, 2017, or shortly thereafter. The Parties further agree to develop a 70 governance structure for the East CC Basin to be considered during development 71 of the East CC Basin GSP 72 b. Single GSP. The Parties will collaborate to develop a single East CC Basin GSP 73 that, at a minimum, satisfies the GSP requirements in the SGMA and the 74 regulations promulgated under the SGMA. The East CC Basin GSP must include 75 an analysis of implementation costs and revenue sources, and must include an 76 analysis of governance structure options. The East CC Basin GSP shall be drafted 77 in a manner that preserves, and does not purport to supersede, the land use 78 authority of each city or county, or the statutory authority of each special district, 79 that is a party to this MOU. The East CC Basin GSP must include provisions for 80 consultation between a GSA and any public agency that the GSA overlaps before 81 the GSA takes any action that may relate to that public agency’s exercise of its 82 statutory authority. Unless the Parties later agree otherwise, it is intended that the 83 East CC Basin GSP will be implemented by each Party within its respective GSA 84 management area, and that the Parties will coordinate their implementation of the 85 East CC Basin GSP. The Parties will endeavor to negotiate terms of an 86 agreement with the GSA(s) for the SJ Basin and the Alameda Basin, to ensure 87 that the East CC Basin, SJ Basin, and Alameda Basin GSAs’ GSP(s) are 88 coordinated consistent with the SGMA. If the terms of that MOU are negotiated, 89 the Parties will ask their governing bodies to consider approving the MOU. 90 Exhibit D Page 5 of 15 c. Overlap Areas. Solely for the purpose of complying with the SGMA requirement 91 that GSA management areas not overlap, the Parties agree that there are no 92 overlapping GSA management areas, as shown on Exhibit B. This MOU does not 93 purport to limit any Party’s legal authority to utilize and deliver groundwater or 94 surface water throughout its jurisdictional boundary (as may be amended from 95 time-to-time), which may include area outside of a Party’s management area 96 shown on Exhibit B. 97 d. Cooperation of Efforts. The Parties will designate staff who will endeavor to 98 meet monthly or more frequently if necessary to develop the terms of the East CC 99 Basin GSP in an expeditious manner. 100 e. Financing . 101 (1) The outside technical/consultant costs associated with developing the East CC 102 Basin GSP (“GSP Costs”) will be shared equally among the Parties. However, 103 the County, at its sole discretion, may satisfy its share of GSP Costs by providing 104 in-kind services, which may include mapping, graphics, and database 105 management services. 106 (2) The $118,300 contract with Luhdorff and Scalmanini dated April 1, 2015, for 107 SGMA technical support has been paid one-fifth each by BBID, Brentwood, 108 DWD, ECCID and Discovery Bay. Antioch and CCWD agree that within 60 days 109 of the effective date of this MOU, they shall reimburse BBID, Brentwood, DWD, 110 ECCID and Discovery Bay each $3,380 in order to reallocate the $118,300 111 contract cost into one-seventh portions. 112 Exhibit D Page 6 of 15 f. Approval of the GSP. The Parties agree that the East CC Basin GSP will become 113 effective for each Party when all of the Parties adopt the East CC Basin GSP. 114 3. Savings Provisions. This MOU shall not operate to validate or invalidate, modify or 115 affect any Party’s water rights or any Party’s obligations under any agreement, contract 116 or memorandum of understanding/agreement entered into prior to the effective date of 117 this MOU. Nothing in this MOU shall operate to convey any new right to groundwater to 118 any Party. Each Party to this MOU reserves any and all claims and causes of action 119 respecting its water rights and/or any agreement, contract or memorandum of 120 understanding/agreement; any and all defenses against any water rights claims or claims 121 under any agreement, contract or memorandum of understanding/agreement. 122 4. Withdrawal. Any Party shall have the ability to withdraw from this MOU by providing 123 sixty (60) days written notice of its intention to withdraw. Said notice shall be given to 124 each of the other Parties. 125 a. A Party shall not be fiscally liable for expenditures following its withdrawal from 126 this MOU, provided that the Party provides written notice at least sixty (60) days 127 prior to the effective date of the withdrawal. A withdrawal shall not terminate, or 128 relieve the withdrawing Party from, any express contractual obligation to another 129 Party to to this MOU or to any third party incurred or encumbered prior to the 130 withdrawal. 131 b. In the event of a Party’s withdrawal, this MOU shall continue in full force and 132 effect among the remaining Parties. Further, a Party’s withdrawal from this MOU 133 does not, without further action by that Party, have any effect on the withdrawing 134 Party’s decision to be a GSA. A withdrawing Party shall coordinate the 135 Exhibit D Page 7 of 15 development of its groundwater sustainability plan with the other Parties to this 136 MOU. 137 5. CEQA. Nothing in this MOU commits any Party to undertake any future discretionary 138 actions referenced in this MOU, including but not limited to electing to become a GSA 139 and adopting the East CC Basin GSP. Each Party, as a lead agency under the California 140 Environmental Quality Act (“CEQA”), shall be responsible for complying with all 141 obligations under CEQA that may apply to the Party’s future discretionary actions 142 pursuant to this MOU, including electing to become a GSA and adopting the East CC 143 Basin GSP. 144 6. Books and Records. Each Party shall have access to and the right to examine any of the 145 other Party’s pertinent books, documents, papers or other records (including, without 146 limitation, records contained on electronic media) relating to the performance of that 147 Party’s obligations pursuant to this Agreement, providing that nothing in this paragraph 148 shall be construed to operate as a waiver of any applicable privilege and provided further 149 that nothing in this paragraph shall be construed to give either Party rights to inspect the 150 other Party’s records in excess of the rights contained in the California Public Records 151 Act. 152 7. General Provisions 153 a. Authority. Each signatory of this MOU represents that s/he is authorized to 154 execute this MOU on behalf of the Party for which s/he signs. Each Party 155 represents that it has legal authority to enter into this MOU and to perform all 156 obligations under this MOU. 157 Exhibit D Page 8 of 15 b. Amendment. This MOU may be amended or modified only by a written 158 instrument executed by each of the Parties to this MOU. 159 c. Jurisdiction and Venue. This MOU shall be governed by and construed in 160 accordance with the laws of the State of California, except for its conflicts of law 161 rules. Any suit, action, or proceeding brought under the scope of this MOU shall 162 be brought and maintained to the extent allowed by law in the County of Contra 163 Costa, California. 164 d. Headings. The paragraph headings used in this MOU are intended for 165 convenience only and shall not be used in interpreting this MOU or in 166 determining any of the rights or obligations of the Parties to this MOU. 167 e. Construction and Interpretation. This MOU has been arrived at through 168 negotiations and each Party has had a full and fair opportunity to revise the terms 169 of this MOU. As a result, the normal rule of construction that any ambiguities are 170 to be resolved against the drafting Party shall not apply in the construction or 171 interpretation of this MOU. 172 f. Entire Agreement. This MOU constitutes the entire agreement of the Parties with 173 respect to the subject matter of this MOU and supersedes any prior oral or written 174 agreement, understanding, or representation relating to the subject matter of this 175 MOU. 176 g. Partial Invalidity. If, after the date of execution of this MOU, any provision of 177 this MOU is held to be illegal, invalid, or unenforceable under present or future 178 laws effective during the term of this MOU, such provision shall be fully 179 Exhibit D Page 9 of 15 severable. However, in lieu thereof, there shall be added a provision as similar in 180 terms to such illegal, invalid or unenforceable provision as may be possible and 181 be legal, valid and enforceable. 182 h. Waivers. Waiver of any breach or default hereunder shall not constitute a 183 continuing waiver or a waiver of any subsequent breach either of the same or of 184 another provision of this MOU and forbearance to enforce one or more of the 185 remedies provided in this MOU shall not be deemed to be a waiver of that 186 remedy. 187 i. Necessary Actions. Each Party agrees to execute and deliver additional 188 documents and instruments and to take any additional actions as may be 189 reasonably required to carry out the purposes of this MOU. 190 j. Compliance with Law. In performing their respective obligations under this 191 MOU, the Parties shall comply with and conform to all applicable laws, rules, 192 regulations, and ordinances. 193 k. Liability. Each Party agrees to indemnify and hold every other Party to the 194 Agreement, and their officers, agents and employees, free and harmless from any 195 costs or liability imposed upon any other Party, officers, agents, or employees 196 arising out of any acts or omissions of its own officers, agents or employees. 197 l. Third Party Beneficiaries. This MOU shall not create any right or interest in any 198 non-Party or in any member of the public as a third party beneficiary. 199 Exhibit D Page 10 of 15 m. Counterparts. This MOU may be executed in one or more counterparts, each of 200 which shall be deemed to be an original, but all of which together shall constitute 201 but one and the same instrument. 202 n. Notices. All notices, requests, demands or other communications required or 203 permitted under this MOU shall be in writing unless provided otherwise in this 204 MOU and shall be deemed to have been duly given and received on: (i) the date 205 of service if served personally or served by electronic mail or facsimile 206 transmission on the Party to whom notice is to be given at the address(es) 207 provided below, (ii) on the first day after mailing, if mailed by Federal Express, 208 U.S. Express Mail, or other similar overnight courier service, postage prepaid, and 209 addressed as provided below, or (iii) on the third day after mailing if mailed to the 210 Party to whom notice is to be given by first class mail, registered or certified, 211 postage prepaid, addressed as follows: 212 213 City of Antioch 214 City Manager 215 P.O. Box 5007 216 Antioch, CA 94531-5007 217 Telephone: (925) 779-7011 218 Facsimile: (925) 779-7003 219 220 221 222 Exhibit D Page 11 of 15 City Of Brentwood 223 City Manager 224 150 City Park Way 225 Brentwood, CA 94513 226 Phone: (925) 516-5400 227 Fax: (925) 516-5441 228 229 Byron Bethany Irrigation District 230 General Manager 231 7995 Bruns Road 232 Byron, CA 94514-1625 233 Telephone: (209) 835-0375 234 Facsimile: (209) 835-2869 235 236 237 Contra Costa Water District 238 General Manager 239 Contra Costa Water District 240 P. 0. Box H20 241 Concord, CA 94524 242 Phone (925) 688-8032 243 Fax (925) 688-8197 244 245 246 Exhibit D Page 12 of 15 247 Contra Costa County 248 Director, Department of Conservation and Development 249 30 Muir Road 250 Martinez, CA 94553 251 Phone (925) 674-7866 252 253 Diablo Water District 254 Attn: General Manager 255 P.O. Box 127 256 87 Carol Lane 257 Oakley, CA 94561 258 Phone: (925) 625-3798 259 Fax: (925) 625-0814 260 261 262 East Contra Costa Irrigation District 263 General Manager 264 1711 Sellers Avenue 265 Brentwood, CA 94513 266 Phone: (925) 634-3544 267 Fax: (925) 634-0897 268 269 270 Exhibit D Page 13 of 15 Discovery Bay Community Services District 271 C/O: Mike Davies, General Manager 272 1800 Willow Lake Road 273 Discovery Bay, CA 94505-9376 274 Telephone: (925) 634-1131 275 Facsimile: (925) 513-2705 276 277 8. Signatures. The Following signatures attest each Party’s agreement hereto. 278 CITY OF ANTIOCH 279 280 By: ______________________________________ Date: ____________________ 281 Ron Bernal, Interim City Manager 282 APPROVED AS TO FORM: 283 284 By: ______________________________________ Date: ____________________ 285 Michael Vigilia, City Attorney 286 287 CITY OF BRENTWOOD 288 289 By: ______________________________________ Date: ____________________ 290 Gustavo “Gus” Vina, City Manager 291 292 APPROVED AS TO FORM: 293 294 By: ______________________________________ Date: ____________________ 295 Damien Brower, City Attorney 296 297 Exhibit D Page 14 of 15 BYRON BETHANY IRRIGATION DISTRICT 298 299 By: ______________________________________ Date: ____________________ 300 Rick Gilmore, General Manager 301 302 CONTRA COSTA WATER DISTRICT 303 304 By: ______________________________________ Date: ____________________ 305 Jerry Brown, General Manager 306 307 APPROVED AS TO FORM: 308 309 By: ______________________________________ Date: ____________________ 310 District Legal Counsel 311 312 CONTRA COSTA COUNTY 313 314 By: ______________________________________ Date: ____________________ 315 John Kopchik, Director of 316 Conservation and Development 317 APPROVED AS TO FORM: 318 Sharon L. Anderson, County Counsel 319 320 By: ______________________________________ Date: ____________________ 321 Deputy County Counsel 322 323 DIABLO WATER DISTRICT 324 325 By: ______________________________________ Date: ____________________ 326 Mike Yeraka, General Manager 327 Exhibit D Page 15 of 15 328 EAST CONTRA COSTA IRRIGATION DISTRICT 329 330 By: ______________________________________ Date: ____________________ 331 Patricia A. Corey, General Manager 332 333 DISCOVERY BAY COMMUNITY SERVICES DISTRICT 334 335 By: ______________________________________ Date: ____________________ 336 Michael R. Davies, General Manager 337