Adoption of Resolution No. 2020-01 "01 of the Board of Directors of the Borrego Water District authorizing Board President to execute settlement agreement;

Summary

SCH Number
2020010109
Public Agency
Borrego Water District (BWD)
Document Title
Adoption of Resolution No. 2020-01 "01 of the Board of Directors of the Borrego Water District authorizing Board President to execute settlement agreement;
Document Type
NOE - Notice of Exemption
Received
Posted
1/9/2020
Document Description
On January 7, 2020, the Board of Directors of the Borrego Water District (BWD) adopted Resolution No. 2020-01-01. The Sustainable Groundwater Management Act (SGMA) requires the Borrego Springs Subbasin (Basin) to be managed sustainably over the next twenty years and beyond. Because the California Department of Water Resources (DWR) has designated the Basin as critically overdrafted, there must be a groundwater sustainability plan (GSP), or alternative management plan, adopted and submitted to DWR by January 31, 2020. See NOE for full details.

Contact Information

Name
Geoff Poole
Agency Name
Borrego Water District
Contact Types
Lead/Public Agency

Name
Agency Name
Borrego Water District
Contact Types
Project Applicant

Location

Counties
San Diego
Other Location Info
Borrego Springs Subbasin of the Borrego Valley Groundwater Basin, which is located in San Diego County, and in unincorporated portions of San Diego County.

Notice of Exemption

Exempt Status
Statutory Exemption
Type, Section or Code
Water Code § 10728.6
Reasons for Exemption
Authorizing the Board President to execute the Settlement Agreement and the related documents; authorizing legal counsel to commence the Adjudication Action; and authorizing Staff to submit the GSP alternative to DWR does not constitute a "project" subject to the California Environmental Quality Act (CEQA) because these are not activities that may cause either a direct or reasonably foreseeable indirect change in the environment. (Pub. Res. Code§ 20165; CEQA Guidelines§ 15378(a).) Further, the authorizations are not a project subject to CEQA because the Court (or the Watermaster. Watermaster Technical Consultant, Technical Advisory Committed under the Court's supervision) will oversee and implement the Adjudication Action and Stipulated Judgment and CEQA does "not apply to the courts of the state." (CEQA Guidelines§ 15379; Hillside Memorial Park & Mortuary v. Golden State Water Co. (2011) 205 Cal.App.4th 534, 550- 51 (West Coast Basin); Calif. Am. Water v. City of Seaside (2010) 183 Cal.App.4th 471, 481-82 (Seaside Basin).) See NOE for full details.

Attachments

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