REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
SITTING AS THE GOVERNING BODY OF THE FOLLOWING:
SAN BERNARDINO COUNTY
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
September 22, 2026
FROM
NOEL CASTILLO, Director and Chief Flood Control Engineer, Department of Public Works - Transportation and Flood Control District
SUBJECT
Title
Amendment to Memorandum of Understanding Between San Bernardino County, San Bernardino County Flood Control District, and San Bernardino Valley Municipal Water District Regarding Request for Recharge of State Water Project Water at Cactus Basins
End
RECOMMENDATION(S)
Recommendation
1. Acting as the governing body of San Bernardino County:
a. Approve Amendment No. 2 to Memorandum of Understanding No. 24-982 with San Bernardino County Flood Control District and the San Bernardino Valley Municipal Water District, regarding the Request for Recharge of State Water Project water at Cactus Basins, to extend the term by one year, for a total term of October 8, 2024 through October 7, 2027, with an additional option to extend for one year.
b. Authorize the Chief Executive Officer to exercise the option to extend the term of Memorandum of Understanding No. 24-982 for one year, subject to review by County Counsel.
c. Direct the Director of the Department of Public Works to transmit the one year extension of Memorandum of Understanding No. 24-982 to the Clerk of the Board of Supervisors within 30 days of execution.
2. Acting as the governing body of the San Bernardino County Flood Control District:
a. Approve Amendment No. 2 to Memorandum of Understanding No. 24-982 with San Bernardino County and the San Bernardino Valley Municipal Water District, regarding the Request for Recharge of State Water Project water at Cactus Basins, to extend the term by one year, for a total term of October 8, 2024 through October 7, 2027, with an additional option to extend for one year.
b. Authorize the Chief Executive Officer to exercise the option to extend the term of Memorandum of Understanding No. 24-982 for one year, subject to review by County Counsel.
(Presenter: Noel Castillo, Director/Chief Flood Control Engineer, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Foster Sustainable Development Through Strategic Partnerships.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The proposed Amendment to Memorandum of Understanding No. 24-982 (MOU) between San Bernardino County (County), San Bernardino County Flood Control District (Flood Control District), and the San Bernardino Valley Municipal Water District (San Bernardino Valley), or collectively as Parties, does not commit to any expenditures, other than staff time.
BACKGROUND INFORMATION
The Flood Control District owns the Cactus Basins in the City of Rialto, which are used to detain water from rain events that could cause flooding temporarily.
San Bernardino Valley is interested in exploring the possibility of using the Cactus Basins, when not needed for flood control purposes, for groundwater transport, capture, spreading, and recharge of State Water Project water. San Bernardino Valley also intends to make certain improvements to support the recharge of State Water Project water at the Cactus Basins, subject to review and approval by the Flood Control District.
In response to San Bernardino Valley’s request for recharge activities at the Cactus Basins, the County and Flood Control District agreed to meet with San Bernardino Valley to determine the feasibility of such activities. The County and Flood Control District expressed concerns to San Bernardino Valley regarding the impacts that recharge activities at Cactus Basins may have on two perchlorate groundwater plumes. Cactus Basins overlays what is known as the eastern perchlorate plume, which is under the oversight of the United States Environmental Protection Agency. The County is under California Regional Water Quality Control Board, Santa Ana Region order to remediate what is known as the western perchlorate plume and is adjacent to the eastern plume.
On October 8, 2024 (Item No. 48), the Board of Supervisors approved the MOU between the County, Flood Control District, and San Bernardino Valley to establish a framework for evaluating the feasibility of recharge activities at the Cactus Basins. The MOU also provided for coordination regarding technical, environmental, operational, legal, and financial considerations associated with potential recharge activities.
The Parties have made progress in evaluating the potential recharge activities, including establishing a Technical Advisory Group. However, the complexity of the proposed activities and the need for additional environmental review require additional time to complete the necessary evaluation and coordination.
The Parties will continue to evaluate these technical and environmental issues and, as appropriate, negotiate legal and financial protections to address potential risks and costs associated with recharge activities. The Parties may also continue development of an adaptive management plan addressing hydrogeologic conditions, groundwater contamination, remediation systems, regulatory requirements, and existing groundwater monitoring programs.
The original MOU was effective from October 8, 2024, through October 7, 2025. Through the delegated authority granted in Item No. 48 on October 8, 2024 and in the MOU, the Chief Executive Officer (CEO) executed a letter extending the term through October 7, 2026. For County tracking purposes, this extension was identified as Amendment No. 1 and the proposed Amendment is being identified as Amendment No. 2.
The proposed Amendment extends the term of the MOU through October 7, 2027, and in the event that additional technical and environmental evaluation might be necessary, provides for the option of an additional one-year extension through mutual written approval by the County CEO and the San Bernardino Valley Chief Executive Officer/General Manager, as provided in the proposed Amendment and Recommendation Nos. 1.b. and 2.b.
The proposed Amendment does not authorize construction or implementation of a recharge project. The proposed Amendment only allows the Parties additional time to continue planning, technical evaluation, environmental review, and coordination. Any future project would be subject to applicable regulatory requirements, environmental review, and separate approval by the appropriate governing bodies.
The proposed Amendment is consistent with the County and CEO’s goal and objective of working with other agencies.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie A. Curtis and Maria Insixiengmay, Deputies County Counsel, 387-5455) on September 16, 2026; and County Administration and Finance (Scott Buckner, Administrative Analyst, 387-4222) on September 1, 2026.