Untitled California Attorney General Opinion

BACKGROUND

A joint powers authority is an entity created when public agencies agree to exercise a power shared by the agencies. 1 The agencies creating a joint powers authority may come from different levels of government and be subject to different statutory requirements. In this Opinion, we address questions related to a joint powers authority called the Indian Wells Valley Groundwater Sustainability Agency (Indian Wells).

The agreement creating this joint powers authority states that its purpose is to manage local groundwater pursuant to the Sustainable Groundwater Management Act, by adopting and implementing a Groundwater Sustainability Plan and providing technical and financial assistance to local groundwater agencies. 2 Among other powers and responsibilities, the Indian Wells joint powers authority may impose a penalty for groundwater extraction in violation of the Plan.

Five local agencies created the Indian Wells joint powers authority and comprise its voting members. 4 Each member agency has appointed a representative to serve on the joint

1 See Gov. Code, §§ 6500 et seq. (Joint Exercise of Powers Act). 2 Indian Wells Valley Groundwater Authority Joint Exercise of…