LAFCO remains neutral on RCD participation in GSA

Under Local Agency Formation Commission law, the county LAFCO agency must grant latent powers to a special district if such latent powers are not already authorized by state law. Under a law called the Sustainable Groundwater Management Act local agencies were required to form a Groundwater Sustainability Agency for high-priority and medium-priority basins by July 2017 and have a January 2022 deadline to develop plans to achieve long-term groundwater sustainability.

San Diego County’s LAFCO addressed the inconsistency between the two laws April 5, by approving an addendum to the municipal service review LAFCO approved for the Upper San Luis Rey Resource Conservation District at LAFCO’s Feb. 1 meeting.

The addendum was approved on a 6-2 vote. Alpine Fire Protection District board member Barry Willis, who is one of two special districts representatives on the LAFCO board, and Escondido mayor Paul McNamara, who is one of two city representatives on the board, voted against the motion due to their reluctance to set precedent for other resource conservation districts in the state which have become GSA partners.

The addendum confirms the authorized service functions of the resource conservation district while amending the district’s water conservation function to include water irrigation assistance, water quality monitoring, watershed planning and educational outreach. The addendum said that the district requires LAFCO approval to add groundwater management to its water conservation activities but also states that the district is not responsible for administering GSAs under SGMA and that LAFCO takes no position whether the RCD is eligible and authorized under SGMA to participate in the Pauma Valley Subbasin GSA. The addenda also encouraged the RCD to apply to LAFCO to activate the groundwater management class functions and encouraged LAFCO to address groundwater management in its next policy update.

“We are trying to clear the picture by saying LAFCO takes no issue with the GSA,” Keene Simonds, executive officer of LAFCO, said. “I think it actually helps clear the picture because we’re saying we’re not involved.”

A municipal service review evaluates services and anticipated needs. LAFCO had not previously conducted a municipal service review of any of the county’s three resource conservation districts.

Division 9 of the California Public Resource Code is the governing legislation for resource conservation districts. The principal act was last updated in 1971. The principal act authorizes RCDs to perform soil erosion, water conservation, wildlife enhancement and agricultural enhancement services. Any additional services would require LAFCO to activate latent powers for those services, including the RCD’s current water distribution and erosion stabilization services.

“The requirement is that you set and regulate all agencies’ services, functions and classes,” Simonds said.

The San Luis Rey Resource Conservation District has two authorized and active functions: water conservation and wildlife enhancement. Groundwater management could be considered a class of the water conservation function, although LAFCO has not authorized that class for the RCD.

“We believe Upper San Luis Rey RCD does not have existing authority under LAFCO statute to provide groundwater management,” Simonds said. “This key conclusion, however, gets qualified a bit.”

Simonds explained that LAFCO addresses the appropriate LAFCO statutes but not SGMA law. “We’re deferring to the state to make that call,” he said.

“I think the recommendation by staff is good to keep everybody at the table,” said county Supervisor Jim Desmond, who is one of two county supervisors on the LAFCO board.

Valley Center Municipal Water District general manager Gary Arant is also a member of LAFCO’s Special Districts Advisory Committee.

“I think the solution that your staff has come up with is elegant,” he said.

“I appreciate the time and effort that staff has dedicated to this important question,” Andy Lyall, board president of Upper San Luis Rey RCD, said. “If the RCD is acting under SGMA I don’t believe the RCD needs to activate a groundwater class under SGMA. Right now, the RCD is working inside of SGMA, so I believe there is no issue and need to activate a groundwater management class.”

The Pauma Valley Subbasin GSA consists of the Yuima Municipal Water District and the Pauma Valley Community Services District as well as the Upper San Luis Rey Resource Conservation District. A working group also includes the Rainbow, San Luis Rey, Mootamai and Pauma municipal water districts, the San Diego County Farm Bureau, DWR, the San Luis Rey Indian Water Authority and the Pala, Pauma, La Jolla, Rincon and San Pasqual tribes.

“We just want to get our obligation under SGMA completed,” Yuima legal counsel Jeremy Jungreis said. “We’re just running out of time.”

“We’ve got to get moving on this,” Desmond said.

Willis and McNamara supported the alternative to continue the item and request additional information.

“My concern is what the precedent will send to other RCDs in the state,” Willis said.

“No other LAFCO in the state has done this,” Jungreis said. “Is what’s being proposed here likely to have adverse precedential effect?”

The request that the Upper San Luis Rey RCD apply to activate the groundwater management class is not a requirement.

“There is no impact to the district right now if the commission proceeds with the addendum,” Simonds said. “Updating the MSR record is appropriate.”

That move will allow the RCD to continue its work even without official LAFCO approval of the groundwater management latent power.

“The resource conservation districts are doing great work for the communities,” Desmond said.

“I think LAFCO assisted Pauma Valley landowners in getting clarification,” Simonds said.

The request to apply for the latent powers would eliminate any potential obstacles.

“All LAFCO is doing is asking them to apply,” Desmond said. “I imagine their chances are pretty good of being accepted.”

What is less likely is that the RCD board would approve the $6,405 application fee LAFCO charges for a jurisdictional change with no property owner opposition and no California Environmental Quality Act analysis needed. The LAFCO board has the authority to waive an application fee.

“There’s a possibility, and I think if brought to the commission it would be fairly well-received,” Simonds said.

It is also possible that the county could fund the application fee, which would require county supervisors’ approval.

State legislation could also clarify the groundwater management authority of a resource conservation district.

“Maybe they could update the SGMA statute,” Simonds said.

State law could activate latent powers for such districts.

“The RCD principal act on its own is antiquated and needs updating,” Simonds said.

A bill passed by both houses of the California Legislature and signed by the governor takes effect Jan. 1 of the following year unless implementation language in the bill states otherwise. The change cannot take effect before Jan. 1 unless the bill is considered urgency legislation, which would require passage by a two-thirds majority in each house.

“It’s possible that an emergency bill can be passed that amends SGMA law,” Simonds said.

Joe Naiman can be reached by email at [email protected].