Approval of DRWD's Participation in the DCP

Summary

SCH Number
2020110427
Public Agency
Dudley Ridge Water District
Document Title
Approval of DRWD's Participation in the DCP
Document Type
NOE - Notice of Exemption
Received
Posted
11/24/2020
Present Land Use
Agricultural
Document Description
Approval of a resolution (“Resolution”) authorizing (1) the Dudley Ridge Water District (“Agency”) to participate in the proposed Delta Conveyance Project; (2) the Agency’s general manager to enter into a funding agreement for environmental planning costs relating to the Delta Conveyance Project; and (3) the Agency to enter into the Delta Conveyance Design and Construction Authority joint powers agreement.

Contact Information

Name
Mark A Gilkey
Agency Name
Dudley Ridge Water District
Contact Types
Lead/Public Agency

Name
Agency Name
Dudley Ridge Water District
Contact Types
Project Applicant

Location

Counties
Kings
Other Location Info
Western Kings County

Notice of Exemption

Exempt Status
Statutory Exemption
Type, Section or Code
15262
Reasons for Exemption
The Agency’s approval of the Resolution does not qualify as a “project” subject to CEQA because it constitutes (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines, §§ 15060(c)(3).) Moreover, the approval of the Resolution does not qualify as a “project” because it does not have a potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378(a).) Alternatively, the Agency’s approval of the Resolution is statutorily exempt from CEQA under State CEQA Guidelines section 15262, as the Resolution concerned “feasibility or planning studies for possible future actions [that] the agency … has not approved, adopted, or funded.” (State CEQA Guidelines, § 15262.) Notably, although the Resolution provides for some funding for the environmental planning costs associated with the Delta Conveyance Project, it provides for no funding for the construction of the Delta Conveyance Project, nor does it otherwise commit the Agency to the Delta Conveyance Project. Furthermore, the Agency’s approval of the Resolution is exempt from CEQA under the common sense exemption set forth in State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. None of the exceptions to this exemption identified in CEQA Guidelines § 15300.2 exist here.

Attachments

Notice of Exemption

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