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Consent-General Government   # 14.
Board of Supervisors
County Administrator
Meeting Date:
09/23/2025
Brief Title
MOU with California Department of Water Resources
From:
Michael Webb, County Administrator, County Administrator's Office
Staff Contact:
Sabrina Snyder, Senior Management Analyst, County Administrator's Office, x8446
Supervisorial District Impact:
Countywide

Subject

Approve a Memorandum of Understanding with the California Department of Water Resources to create a partnership regarding flood protection, water supply, habitat enhancement, and agricultural and recreational projects in Yolo County, and authorize the Chair to sign a separate agreement on staff funding.  (No general fund impact) (Webb/Snyder)

Recommended Action

  1. Approve a Memorandum of Understanding (Attachment A) with the California Department of Water Resources (DWR) to create a partnership regarding flood protection, water supply, habitat enhancement, and agricultural and recreational projects in Yolo County; and
     
  2. Authorize the Chair to sign a first amendment to the 2022 Memorandum of Understanding with DWR on the Big Notch Project to accelerate funding for County staffing in substantially the form of the draft included as Attachment B, subject to County Counsel's concurrence on any revisions.    

Strategic Plan Goal(s)

Sustainable Environment
Flourishing Agriculture

Reason for Recommended Action/Background

This item seeks Board approval of the attached Memorandum of Understanding (MOU) with the California Department of Water Resources (DWR) and Board authorization for the Chair to sign an amendment to the Big Notch Project MOU. As explained further below, the proposed MOU seeks to enhance interagency collaboration on existing and future projects and, in addition, identifies funding for local habitat enhancement, flood protection, recreation, and agricultural sustainability efforts.

Previously, on January 4, 2022, Yolo County and DWR executed an MOU for the Yolo Bypass Salmonid Habitat Restoration and Fish Passage Project (“Big Notch Project”). A significant achievement after nearly a decade of discussions, the Big Notch Project MOU memorialized the parties’ shared commitment to project-specific coordination and, through funding for a County staff position, helped ensure ongoing, general collaboration on future matters affecting the Yolo Bypass, including agricultural and managed wetland sustainability and public outreach. The Big Notch Project MOU also identified $2.5 million in state funding for water infrastructure improvements in the Yolo Bypass Wildlife Area, benefiting agriculture and wetland habitat management.

As the Board is aware, the Big Notch Project and its related MOU developed at about the same time as other efforts to improve collaboration on water policy and habitat restoration issues. Such other efforts included:
  • The 2016 Yolo Bypass-Cache Slough Partnership MOU (codified by Senate Bill 369), developed by over a dozen federal, state, and local agencies to synchronize interests and enhance outcomes of planning efforts related to flood conveyance, fisheries and wildlife habitat, water supply and water quality, agricultural land preservation, economic development and recreation;
  • The 2019 Voluntary Agreements and Healthy Rivers and Landscapes Program, an alternative in the ongoing Bay-Delta Plan Update (a regulatory effort of the State Water Resources Control Board) that proposes more habitat restoration and less stringent water diversion restrictions than other alternatives.  These efforts each have the potential to impact the Yolo Bypass and nearby areas, such as through the introduction of additional habitat and the expansion of the Bypass into Upper Elkhorn. In addition, County staff also learned of project features and parameters of the Big Notch Project that conflicted with the County’s understanding of the project. This resulted in the County filing suit against DWR in 2023 asserting various California Environmental Quality Act claims.

The proposed MOU is an outgrowth of discussions between DWR and the County regarding each of the efforts mentioned above and the County’s ongoing concerns with the Big Notch Project. Over the last several months, DWR and the County have engaged in extensive discussions to resolve these issues with a mutual desire to improve collaboration given forthcoming projects in and near the Yolo Bypass. The resulting MOU captures the outcome of these discussions by formalizing a broader working relationship and provides as follows:
  • Establishes an ongoing dialogue between County and DWR leadership in connection with projects and the County’s Position Statement;
  • Ensures DWR’s development of a public-facing interactive map that identifies DWR related projects in the Yolo Bypass region;
  • Identifies $8,000,000.00 in funding for the County to partner with DWR on habitat enhancement, flood protection, recreation, and agricultural sustainability projects benefiting County and State interests;
  • Establishes clear communication pathways, including project specific engagement and dispute resolution mechanisms to strengthen coordination, engagement, and alignment on future projects.
  • Ensures local interests, including parties that are part of the Healthy Rivers and Landscapes proposal, are incorporated into future project implementation discussions.
  • Includes opportunities to partner with the Yolo Habitat Conservancy.
  • Provides clear documentation explaining the original design, operations, and decision-making process for any future operational changes in connection with the Big Notch Project.   
  • Resolves the County’s pending 2023 lawsuit against DWR regarding the Big Notch Project;
  • Resolves the County’s existing tolling agreement on the Tide’s End project.

Under the proposed MOU, DWR agrees to advance two years of funding for County staffing, a component of the Big Notch MOU. The parties are therefore required to amend the Big Notch Project MOU to complete this term of the proposed MOU. This addresses an existing short-term funding gap resulting from permitting delays in Project operations.

Finally, the terms of the proposed MOU are consistent with, and supportive of, the County’s previously adopted Position Statement, ensuring the County’s role and interests are reflected in regional planning and implementation efforts.

For these reasons, staff recommend that the Board authorize execution of the new MOU. In addition, staff recommend that the Board authorize the Chair to sign an amendment to the Big Notch Project MOU to advance County position funding, as described above.

Collaborations (including Board advisory groups and external partner agencies)

Office of County Counsel, Yolo Bypass Ad Hoc Committee, CA Department of Water Resources

Fiscal Impact

Fiscal impact (see budgetary detail below)

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    0
Amount budgeted for expenditure:
$    0
Additional expenditure authority needed:
$    0
On-going commitment (annual cost):
$   

Source of Funds for this Expenditure

State Grant
$8,000,000

Further explanation as needed:

This Memorandum of Understanding identifies $8,000,000.00 to support local flood control, agricultural sustainability, and habitat restoration projects in Yolo County.

Attachments

Form Review

Inbox Reviewed By Date
Phil Pogledich Sabrina Snyder 09/16/2025 09:58 AM
Phil Pogledich Phil Pogledich 09/17/2025 04:26 PM
Mark Bryan Mark Bryan 09/17/2025 04:34 PM
Michael Webb Michael Webb 09/17/2025 05:10 PM
Berenice Espitia Berenice Espitia 09/18/2025 09:38 AM
Form Started By:
Sabrina Snyder
Started On:
09/03/2025 01:55 PM
Final Approval Date:
09/18/2025