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HomeMy WebLinkAboutAgenda Report - May 7, 2003 E-09CITY OF LODI COUN CIL COMMUNICATION f\GENDA TITLE. Approve Extension of Northeastern San Joaquin County Groundwater Banking Authority Joint Powers Agreement and $20,000 Annual Contribution MEETING DATE: May 7,2003 PREPARED BY: Public Works Director RECOMMENDED ACTION. That Councit approve extension of the Northeastern San Joaquin County Groundwater Banking Authority Joint Powers Agreement and $20,000 annual contribution. BACKGROUND INFORMATIOM The City has participated in the Northeastern San Joaquin County Groundwater Banking Authority since its inception in 2001. This joint powers authority was formed as a successor to the East San Joaquin Parties Water Authority to further plan and set in motion projects to enhance our groundwater basin - A copy of a recent letter describing the activities of the G is attached. The JPA included a sunset date of June 30, 2003, and the Board of the JPA has requested that the members approve an extension to June 30, 2004. Staff is in support of this recommendation. The City's past contributions to the Authority have been $20,000 per year and funds for the next fiscal year have been included in the Water operating budget. FUNDING: Water Fund Funding Available-, Finance Dire8tor RC,Pipn-,f Attachme,nts ccs Fran Farkas, WaterMastewater Superintendent Wafly Sandefin, City Engineer APPROVED: Richard d/Prima, Jr. Public Works Director GN SX.G BAExtensir,�i 04;30/03 EXTENSION OF iffiolk, %010110600111 THIS EXTENSION AGREEMENT is made by and among the San Joaquin County Flood Control and Water Conservation District y'CouOty[)i8triof''\,the City ofStockton ("St0Ckt8n"\.the (�i(yofLodi ("Lodi').Stockton-East VXate/District y'CEVVD"\.(�entxa|San Joaquin 'hsr Conservation District ("Central"), Woodbridge Irrigation District ("Woodbridge"), North San Joaquin Water Conservation District ("@SjVVC[)").Central Delta Water Agency y'C8nir![)8lt8"\@DdS0Uth Delta Water Agency ('�SuVthDe|tm")collectively called the "Me0lber8" The Members hereby agree to ez&*od the Joint Powers Aoreammnt, establishing the Northeastern San Joaquin County Groundwater Banking Au\hnhty,w/hiChterno|netwonnJune 38.2003'unb|June 3O,2OO4,AUother terms and conditions shall remain infull force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Extension Agreement to be executed onthe day and year set opposite the name nfthe parties. ATTEST: LOIS N\. SAHYOUN Clerk ufthe Board ofSupervisors nfthe San Joaquin County Flood Control and Water Conservation District Deputy Clerk ATTEST SAN JOAQU|NCOUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT JACK /\.S|EGLC>CK.Chairman Board nfSupervisors "COUNTY DISTRICT" CITY ()FSTOCKT0N.amunicipal corporation Qfthe State 0fCalifornia By: Title: -1- AJ -FEST: 8TTESTi CLERK ATTEST: CLERK CLERK CITY OFL0D|'omunicipal corporation of the State ofCalifornia "i[}[)|" STOCKTON-EAST WATER DISTRICT By:_ Title: CENTRAL SAN JOAQU|NWATER CONSERVATION DISTRICT By: Title: WOODBRIDGE IRRIGATION DISTRICT By:_ Title: ATTEST: NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT BY: um Iffaimmm ATTEST CENTRAL DELTA WATER AGENCY By: CLERK Title: ATTEST: CLERK APPROVED AS TO FORM: TERRENCE R. DERMODY County Counsel By MICHAEL R McGREW Assistant County Counsel WR -30097-T1 "CENTRAL DELTA" SOUTH DELTA WATER AGENCY By: _ Title: m "SOUTH DELTA" AMENDED ANIS RESTATED JOINT EXERCISE OF POWERS AGREEMENT NORTHEASTERN SAN JOAQUIN COUNTY GROUNDWATER BANKING AUTHORITY THIS AGREEMENT is made by and among the San Joaquin County Flood Control and Water Conservation District ("County District"), the City of Stockton ("Stockton"), the City of Lodi ("Lodi"), Stockton -East Water District ("SEWD"), Central San Joaquin Water Conservation District ("Central"), Woodbridge Irrigation District ("Woodbridge"), North San Joaquin Water Conservation District ("NSJWCD"), Central Delta Water Agency ("Central Delta") and South Delta Water Agency (`South Delta") collectively called the "Members". The Members hereby agree as follows: ARTICLE I GENERAL PROVISIONS Section 1.01. Creation of Authority" Pursuant to Government Code Section 6500 et seq. there is hereby created a public entity to be known as the "Northeastern San Joaquin County Groundwater Banking Authority" which shall be a public entity separate and apart from the Members, and shall administer this Agreement. Section 1.02. PLiLTose. The purpose of this Agreement is to provide a consensus -based forum of public water interests concerning Northeastern San Joaquin County that will work cooperatively with unanimity toward achieving the goal as defined in Section 1.03 and speak on behalf of the Members with one voice. Section 1.01. Coal. The long-term goal of the Authority is to facilitate the development of locally supported groundwater banking projects that improve water supply reliability in Northeastern San Joaquin County and to provide benefits to project participants and San Joaquin County as a whole. The Authority's short-term goals are as follows: (a) To participate in the design and implementation of the Freeport Regional Diversion Project so as to provide benefits to project participants and San Joaquin County. (b) To create an entity with the power to finance and construct specific projects. (c) To apply for grant funding to support the activities of the Authority. June 27, 2001 a 1 - ARTICLE II POWERS Section 2.01. Powers. The Authority is hereby authorized, in its own name, to do all acts necessa y for the exercise of the foregoing powers including, but not limited to the making and entering into contracts. Section 2.02. Restrictions on_ercise of ExPowers. The powers of the Authority shall be exercised in the manner provided in Government Code Section 6504 and to the restrictions upon the manner of exercising such powers that are imposed upon the County District in the exercise of similar powers. ARTICLE III GOVERNING BODY Section 3.01, GoverningBoard. The Authority shall be administered by a Board of :Directors (`Board"}, one appointed by each of the Member entities with a designation of two alternative Directors to serve as a replacement for the appointed Director as needed, to serve at the pleasure of their appointive governing body. The Board shall be called the "Northeastern San Joaquin County Groundwater Banking Authority Board". .All voting power of the Authority shall reside in the Board. Section 3.02. Meetings of the Board. The Board shall provide for calling and conducting its regular meetings and special meetings, in accordance with Government Code Section 54950 et seq. Section 3,03, Minutes. The Secretary shall cause to be kept summary minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause of copy of the summary minutes to be forwarded to each Director and to each of the Members. Section 3.04. Voting. Each Director shall have one vote. Section 3.05. Qrtonrm Re aired Votes Approval. A quorum of the Board for the convening of any meeting shall consist: of a majority of all Directors, or designated alternative Director. An affirmative vote ofat least a majority of all Directors, or designated alterative Director shall be required for any action of the Board. hive votes shall be required to pass any action of the Board Section 3.06, Maws. The Board may adopt, from time to time, such bylaws and regulations for the conduct of its meetings as are necessary for the purposes hereof. ARTICLE IV OFLICERS ANiD EMPLOYEES Section 4.01, Chair, Vita -Chair, and Secretary. The Board member from the County j District shall be the Chair and in the Board member's absence the alternate member from County District shall act as Chair. The Board shall elect a Vice -chair from among the Directors. The j June 27, 2001 2 Vice -chair shall serve at the pleasure of the board, shall perform the duties normal to said office, and A. The chair shall sign all contracts authorized by the Board and shall represent the Board as directed by the Board and perform such other duties as may be imposed by said Board; B. The vice -chair shall act, sign contracts and perform all of the chair's duties in the absence of the chair, and C. The San Joaquin County Director of Public Works shall be the Secretary and provide staff to the Authority. The Secretary shall countersign all contracts signed by the chair or vice -chair on behalf of the Authority, perform such other duties as may be imposed by the Board. Section 4.02.. Treasurer and Auditor. A. The County Treasurer shall be the depositary, shall have custody of all the money of the Authority from whatever source, and shall have the duties and obligations of the Treasurer as set forth in Government Code Sections 6505 and 6505.5, The County Treasurer shall bee responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as maintained by the records of the County Auditor. B. The County Auditor shall have the duties and obligations of the Auditor set forth in Government Code Sections 6505 and 6505.5. The County Auditor shall assure strict accountability of all receipts and disbursements of the Authority and shall make arrangements with a certified public accountant or firm of certified public accountants for the annual audit of accounts and records of the Authority. Section 4.03, Officers:in_Charge of I2eeards Funds; and Accounts. Pursuant to Government Code Section 6505.1, the County Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. Section 4.04. £lo eey s and Consultants. The Board may make recommendations to the County District for the employment of employees or consultants to provide services to the Authority to accomplish the purposes of the Authority. The County District may employ employees and consultants and may execute contracts, supervise and direct, and provide payment for such employees and consultants. -3- June 27, 2001 ARTIVLE V ACCOUNTS AND REPORTS: FUNDS Section 5.01, Accounts and I{eports. The County Auditor shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times by the public and representatives of tlue Members. The Auditor, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to the Members, Section 5.02. Funds. The County Treasurer shall receive, have the custody of and disburse Authority fin Ts on warrants drawn by the County Auditor as nearly as possible in accordance with generally accepted accounting practices, shall make the disbursements required by this Agreement, or to cavy out any of the provisions or purposes of this Agreement. Section 5.03. Annual Budget. The County District shall adopt a budget for the Authority. The Authority Board may make recommendations to the County District concerning the budget. The County District shall provide funds as set forth in the adopted budget which shall be limited to planning activities when using Zone 2 funds. Other members shall make contributions which shall be included in the budget adopted by the County District. Section 5.04. Intention for Reimbursement for Expenditures From Bond Proceeds. It is the intention of the Members that Ehe advancement of monies by any Members for the expenses of the operational needs of the Authority may be reimbursed from the proceeds of bonds, if issued, for the water development projects undertaken by the Authority or by its successor organization, by vote of the Board. ARTICLE: VI ASSOCIA`T'E MEMBERSHIP Section 6.01. ECaaLornia Water Service Company -and the Farm Bureau. CaIWater and the Farm Bureau may be associate members of the Authority with one position each on the Board of Directors of the Authority. The associate members shalt be entitled to participate in the meetings and discussions of the Board but the associate members shall not have the power to vote on any action to be taken by the Authority or to become an officer or Director of the Authority, ARTICLE VII CONTEMPLATED PROJECT It is contemplated that some or all of the Members will enter into subsequent agreements for the construction, operation, and maintenance of a project. Participation in this agreement is not a firm commitment by any individual Member to enter into a groundwater banking project. June 27, 2001 _4_ ARTICLE VIII TERM; WITHDRAWAL; TERMINATION Section 7.01. Term, This Agreement shall become effective as of the date hereto and shall continue in full force and effect until June 30, 2003. Section 7.02. Withdrawal of Member. A Member may terminate its Membership in the Authority at any time upon giving written notice of the withdrawal to the Authority. Section 7.03. Dispositionof Assets. Upon termination of this Agreement, all remaining net assets of the Authority, both real and personal, shall be transferred to the County District. ARTICLE IX MISCELLANEOUS PROVISIONS Section 8.01. Amendments. This Agreement may be amended by unanimous consent of the Member agencies at any time, or from time to time. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year set opposite the name of the parties. ATTEST: LOIS M. SAFIYOUN Clerk of the Board of Supervisors of the San Joaquin County Flood Control and Water Conservation District E ATTEST: SAN JOAQUIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By ----- — Chairman Board of Supervisors "COUNTY DISTRICT" CITY OF STOCKTON, a njumcipal corporation of the Sta C ifornia By _ Title: "STOCKTON" I ao"Im S TO FORM June 27, 2001 t ATTEST: CITY OF LODI, a municipal corporation of the State of California Q 4=' By:f STJSAly J. BLACKSTON, CITY CLERK ALAN S, NAKANIST Title: MAYOR— "LODI" ATTEST: CLERK CLERK. ATTEST: CLERK June 27, 2001. ST'OCKTON-EAST WATER DISTRICT By: _ Title: CENTRAL SALT JOAQUIN WATER CONSERVATION DISTRICT By: Title: "CENTRAL" WOODBRIDGE IRRIGATION DISTRICT By: -- Title: "W OODBRIDGE" -b- ATTEST: EST: CITY OF LODI, a municipal corporation Of the State of California r CLERK By: Title "LODI" ATTEST: STOCKTON-EAST WATER DISTRICT CLERK Title: a -�/ Tine: "SEWD" ATTEST: CENTRAL SAN JOAQUIN WATER CONSERVATION DISTRICT By: - Title: "CENTRAL" ATTEST: WOODBRIDGE IRRIGATION DISTRICT LE By: RK Title: "WOODBRIDGE" ATTEST: CITE' OF LODI, a municipal corporation of the State of California By: — Title __— "LODI" ATTEST: STOCKTON-EAST WATER DISTRICT CLERK. By: — Title: 66ft$^.WD" CONSERVA JOAQUIN W CNDISTRICT By Title: President "CENTRAL" ATTEST: WOODBRIDGE IRRIGATION DISTRICT By: _ Title: "<WOODBRIDGE" -6- June „June 27, 2001 ATTEST: CITY OF LODI, a municipal corporation of the State of California By: Title "LODI" ATTEST: STOCKTON-EAST WATER DISTRICT By: CLERK Title: "SEVIM" ATTEST: CENTRAL SAN JOAQUIN WATER CONSERVATION DISTFJCT CLERK By: Title: Mulff"Mm WOODBRIDGE IRRIGATION DISTRICT By: Title: Anders Christensen, Secretary "WOODBRIDGE" June 27, 2001 -6- NORTH SAN jOAQUIN WATER CONSERVATION DISTRICT By: Title: INSJWCD" ATTFST: CENTRAL DELTA WATER AGENCY CLERK APPROVED AS TO FORM: TE NCE, R. DERMODY countAvasse"r, , - m County Counsel June 27, 2001 By. _ Title: "CENTRAL DELTA" By: _ Title: ,,SOT -J -M DELTA" -7- mumm ATTEST: 6� 60&7f CLERK APPROVED AS TO FORM: TE NCE RD DERMODY County Counsel By_ Assistant County Counsel NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT By; Title: 'WSJ-WCD" CENTRAL DELTA WATER AGENCY z� Tit e: 7 /J/�� �7— CENTRAL DELTA" SOUTH DELTA WATER AGENCY By: _ Title: "SOUTH DELTA' -7- ATTEST: NORTH SAN JOAQUIN WATER CONSERVATION DISTRICT CLERK By: Title: "WSJ-WCD" ATTEST. CENTRAL DELTA WATER AGENCY m CLERK Title: "CENTRAL DELTA!' ATTEST: soum DELTA WATER AGENCY v Title: Chairman "SOUTH DELTA" APPROVED AS TO FORM: TE NCE R. DERTMODY County Counsel By NffCHAEL McGRE W Assistant County Counsel June 27, 2001 CKA NIF%MERS NORI HEASTERN SAN JOAQUIN CkoUNTY OI Cot NTT JACK STEGLOCK C11 Y 0F LODI GROUNDWATER BANKING AUTHORITY CH ME M AN 01) Ori SICK -F1101 SrOCKTON EAST An. R DISTRVC7 DOODEAR I iX-,E IRR:GATAON DISTRICT CflNTR A L SVN J0%QL IN WATER COSSbRNATIO\ DISTRICT NORTH SA.F JO kQ( IN MATER CCSSEFL, MON DISTRICT CENTRAL DELTA I %TR AGENCY SOU I IT DELTT u' TER AGENCY April ___, 2003 Elected Representative (Address) Dear Elected Representative: I P.O. BOX IS 10 18 10 EAST HAZELTON A% ENUE SFOCKTON, CALIFORNIA 95201 (209) 468-3089 (209) 468-29991FAX TOM FLINN SECRETARY Over the past several years, the Northeastern San Joaquin County Groundwater Banking Authority (GBA) has provided a consensus -based forum of local public water interests to work cooperatively with one voice to develop locally supported groundwater banking and conjunctive use projects in the Northeast County. The GBA membership consists of representation from the Central Delta Water Agency, Central San Joaquin Water Conservation District, City of Lodi, the City of Stockton, North San Joaquin Water Conservation, District, San Joaquin County, South Delta Water Agency, Stockton East Water District and Woodbridge Irrigation District with Associate members including the San Joaquin Farm Bureau Federation and California Water Service, The GBA board convenes monthly while the GBA Coordinating Committee meets twice a month. Along with the active members of the group, it is significant to note that the meetings are also regularly attended by Department of Water Resources (DWR) staff and facilitated by the Center for Collaborative Policy, San Joaquin County has made substantial progress in the development of water supply issues over the past year and continues to build on the momentum gained by local achievements in such endeavors, I I • 11MOVIEW-WRI andCentral San Joaquin Water Conservation District in the Development of a New Proposition 13 Application for the Peters Pipeline and In -lieu Irrigation Incentive Program Meet regularly with the East Bay Municipal Utilities District to discuss the County's participation in the Freeport Regional Water Project through the Freeport Interconnect Project Initiated Development of the Groundwater Management Plan including Management Objectives for the Eastern San Joaquin Groundwater Basin Supported North San Joaquin Water Conservation District in the Development of a New AB 303 Gran' Application for the South Irrigation System Improvement Project Published the System Plan Components Inventory Report, which outlined water supply projects included in the San Joaquin County Water Management Plan into a conjunctive water management system with the capability of banking up to 300,000 acre-feet per year in the Northeast Groundwater Basin Published the Beckman Test Final Report, which evaluated the feasibility of utilizing the Northeast Groundwater Basin for groundwater storage through direct injection/extraction The following summary includes additional detail of the major planning and development activities of 2002. Proposition 13 Application tvibes The GBA has worked over past several months on the selection of a preferred project for the next round of Proposition 13 Groundwater Storage Construction Grants (Prop 13). Under a consensus -based approach, eight different project components were reviewed, and from this, three components were selected by the GBA for the new Prop 13 Application. The GBA is currently supporting SEWD, NSJWCD and CSJWCD in the development of this joint application, which includes the SEWD Peters Pipeline Project, which is capable of supplying water to parcels from various sources for direct and in -lieu recharge and would allow the City of Stockton to use more water from the New Melones Reservoir, The application also includes an expansion and development ofithe In -lieu Irrigation Incentive Program for all three districts. The cost for the preparation of the Prop 13 Application is $18,000 with a GBA cost share of $5,000. The anticipated Project cost is $10 Million. San Joaquin County Freeport Interconnect Project The Freeport Regional Water Project (Freeport Project), currently under development by the East Bay Municipal Utility District (EBMUD) and the Sacramento County Water Agency will consist of a new diversion from the Sacramento River near the town of Freeport, a pipeline from the diversion to the existing Folsom South Canal, and a second pipeline, the Folsom South Canal Connection (FSCC), with a capacity of 110,000 acre feet per year from the end of the canal to the Mokelumne Aqueducts near Camanche Reservoir. EBMUD plans to use its Freeport Project capacity only in about 35 percent of all years, particularly during drought periods, when needed to supplement its MokelUmne River supply. In wet years, excess ' pipeline capacity could potentially convey water, diverted under the County'si/Vater Right Application - 29657, for use by other local and regional interests. Consequently, the County together with GBA are currently involved in the development of a preferred project alternative that could include an interconnecting pipeline project, the San Joaquin County Freeport Interconnect Project (Freeport Interconnect), beginning at the terminus of the FSCC to connect to proposed water storage and conveyance facilities within the County. In wet years, the Freeport interconnect could provide up to 60,000 acre-feet of new water for groundwater banking and conjunctive use for the County (Exhibit 1 - Freeport Interconnect Project Map)' It is anticipated that the Freeport Interconnect will proceed according to the following preliminary project schedule. ✓ Public Outreach and Consensus Building Activities — May 2001 ✓ Application Amendment and Notice Completed — March 2003 ✓ South Fork Water Availability Analysis Completed — July 2003 ✓ Phase I Engineering Feasibility Analysis Completed — December 2004 ✓ Phase I] Section 404(b)(1) Alternatives Analysis Completed — April 2005 ✓ Phase III Project CEQA/NEPA Documentation Completed -- December 2006 ✓ Project Permitting Completed — July 2007 ✓ Final Design Completed — February 2008 Construction Completed -- April 2010 ✓ Water Delivery — December 2011 Groundwater Management Plan Development The GBA has commenced work to complete a comprehensive Groundwater Management Plan 'Plan) for the Eastern San Joaquin Groundwater Sub -Basin and is actively seeking input from interests that may be affected by the Plan including neighboring water districts, Counties, regula;ory agencies, business interests, environmental groups, and the general public. The Plan will contain requirements outlined in AS 3030 and SB 1938 including the development of Management Objectives for groundwater levels, water quality, land subsidence and surface water interactions. Inita'erfous have included the development of the Plan Area Map and a proposed Management Objective (MO) format, which agencies may use in developing MOs so they can be integrated into tine Plan with the greatest efficiency (Exhibit 2 — Groundwater Management Area Map)' This proposed MO format is based on a color -coding system tied to varying groundwater contours (ranging from blue, green, yellow, orange and red). The various colors would be associated with the overall health of the groundwater basin where an area under a Condition Blue represents a full basin and an area under a Condition Red represent severe overdraft (Exh.;.'it 3 — Proposed MO Format), It is anticipated that as groundwater levels change under these conditions, a wide spectrum of triggers or 'management practices" could potentially come into P'ay from permitted groundwater export under Condition Blue or Green to groundwater conser,lation and Pumping restrictions under Condition Red. By representing groundwater hasin health in this way, MOs could also be used to increase public outreach, understanding and responsibility. It is anticipated that the Plan will be completed by June 2004. Assembly Bill 303 Activities The North San Joaquin Water Conservation District with the support of the GBA completed a new AS 303 application for the South Irrigation System Improvement Project consisting of the installation of two 1500 a - am wells along the main aqueduct between Highway 12 and Pixley Greek and Alpine and Locust Road. The project is not simply to provide wells for pumping when surface water is not available but includes extensive aquifer pump testing through both supply well, -4 monitoring wells located around the supply wells. Data of this nature will increase knowedge regarding the makeup and characteristics of the local aquifer for future groundwater banking projects, 9 Studies & Reports: The GBA completed workonthe System Plan Components Inventory (System Plan), based on the Mokelumne Aquifer Recharge Study in 2002, The System Plan arranged water supply projects outlined in the San Joaquin County Water Management Plan into a conjunctive water management system with the capability of banking up to 300,000 acre-feet per year in the groundwater basin. Included in the System Plan is participation in Freeport Regional Water Project, the Farmington Groundwater Recharge and Seasonal Habitat Project, expansion of in - lieu agricultural and municipal surface water deliveries to groundwater users, and direct groundwater recharge through well injection and seasonal field flooding. Source waters for the proposed projects may include Surplus flows from the Sacramento River/Arnerican River, Mokelumne River, Calaveras River, Littlejohn's Creek, Stanislaus River, and the City of Stockton's entitlement to the Delta. The GBA completed the Beckman Test Final Report in 2002. The Beckman Project was developed to evaluate the feasibility of groundwater storage through direct injection/extraction in the Eastern San Joaquin Groundwater Basin. The report concluded that water injected at the site was still in the vicinity of the project facilities during extraction. It was recommended that a longer monitoring period would better estimate variations in groundwater characteristics at the site and that more extensive aquifer tests should be performed. Should you have any questions or would like more information, please contact me at (209) 468- 3113, or Mel Lytle, Water Resources Coordinator, at (209) 468-3089. Sincerely, JACK A. SIEGLOCK Chairman of the Northeastern San Joaquin County Groundwater Banking Authority cc: GBA Board and Coordinating Committee Members T. R. Flinn, Director of Public Works Tom Gau, Deputy Director/Development Services Mel Lytle, Water Resources Coordinator 8