WHEREAS, AB 807 (Keeley) – Pajaro River Watershed Flood Prevention Authority proposes to create, through a mandatory joint powers agreement, the Pajaro River Watershed Flood Prevention Authority consisting of county and flood control agencies in San Benito, Santa Clara, Santa Cruz and Monterey counties for the purposes of addressing flood control issues in the Pajaro River Watershed; and

WHEREAS, this legislation is identical in primary purpose and otherwise similar to previous legislation from the 1998-99 regular session designated as AB 1986; and

WHEREAS, the San Benito County Water District is a water conservation and flood control district created pursuant to a special act of the California Legislature (Section 70-1 et.seq. California Water Code Appendix). The District’s jurisdictional boundaries are coterminous with the boundaries of the County of San Benito; and

WHEREAS, the San Benito County Water District is a participant with other local governmental agencies in the Pajaro River Watershed, in regional efforts to assess the nature of flood risk in the Pajaro River Basin, and work cooperatively to define and implement locally acceptable strategies to manage flood risks throughout the Pajaro River Watershed; and

WHEREAS, the collective efforts of local agencies were initiated in 1998 and are continuing to spite complex and expensive litigation among the parties with respect to flood control responsibilities on the Pajaro River and the fact that commitments made in 1998 with respect to funding for and expansion of certain U.S. Corp of Engineers studies and inclusion of Pajaro Watershed Projects in a statewide bond issue; were not kept; and

WHEREAS, certain findings and declarations sought from the legislature specifically Section 1 (e), (f), and (g) cannot be supported by the facts particularly since a comprehensive study of flood risk for the Pajaro River Watershed has not been completed since the 1940’s studies on which the Pajaro River Watsonville area levee system was based; and

WHEREAS, AB807 establishes a dangerous precedent of statewide concern in that it forces counties, cities and special districts with jurisdictions within a common watershed to enter into a joint powers agreement, the terms of which have yet to be negotiated; and

WHEREAS, if the state is prepared to force a group of public agencies sharing common watershed problems to agree to unspecified terms of a JPA to undertake undefined and unspecified project, the state must be prepared to require the same or similar watershed protection measures throughout the state, and

WHEREAS, this legislation mandates an unnecessary and duplicative layer of government not directly responsible to the voter and seeks to grant powers already granted by the State Constitution and existing statutes, public agencies in the Pajaro watershed;

NOW, THEREFORE, be it resolved, that:

1. The San Benito County Water District opposes the enactment of AB 807;
2. Re-petitions its local, state and federal elected representatives for assistance in the multi-jurisdictional efforts currently underway and specifically with funding for the necessary comprehensive flood risk studies; and
3. Restates its intent to participate in the development of the regional effort necessary to assess flood risks within the Pajaro basin; to cooperatively develop acceptable strategies to mitigate those flood risks and to implement those strategies.

THE FOREGOING RESOLUTION was adopted at a regular meeting of the Board of Directors of the San Benito County Water District held on May 26, 1999 by the following vote:

AYES: DIRECTORS: Perry, Swanson, Tobias, Rupert, Gonzales

NOES: DIRECTORS: None

ABSENT: DIRECTORS: None

________/s/Kenneth Perry_________

Kenneth Perry

President

ATTEST: ____/s/Janet L. Torres________

Janet L. Torres

Administrative Services Officer