HomeMy WebLinkAboutC-2464C zyc,y _ z 111co - xo
AMENDATORY AGREEMENT EXTENDING
CYCLIC STORAGE AGREEMENT BETWEEN
CITY OF ARCADIA
AND MAIN SAN GABRIEL BASIN WATERMASTER
This AMENDATORY AGREEMENT extending the INDIVIDUAL PARTY
CYCLIC STORAGE AGREEMENT is made as of the 4th day of February, 20014, between
CITY OF ARCADIA, herein referred to as "Producer," and the MAIN SAN GABRIEL
BASIN WATERMASTER, a court empowered entity appointed by the Superior Court of the
State of California in and for the County of Los Angeles, in connection with Civil Action No.
924128 entitled, "Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et
al.," herein referred to as " Watermaster."
RECITALS
A. Watermaster and Producer entered into an Individual Producer Cyclic Storage
Agreement ( "Agreement ") as of March 3, 2004, for the purpose of giving Producer the
ability to store up to 5,000 acre -feet of State Water Project water in the Main San
Gabriel Basin. The Agreement expired March 3, 2009.
B. Pursuant to the provisions of Paragraph 10, the Agreement provides for extensions for
additional terms, not to exceed five years each, by mutual consent of the parties. The
agreement was extended for an additional five years expiring February 4, 2014.
C. The parties desire to extend the term of the Agreement for an additional five years and
continue the benefits that the Agreement provides.
COVENANTS
Pursuant to the provisions of Paragraph 10 of the Agreement, the term of the
Agreement is hereby extended to and including February 4, 2019.
2. Except as hereby amended, the Agreement shall remain in full force and effect.
Upon execution, this Amendatory Agreement shall be effective as of February 4,
2014.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be duly executed
by its authorized officers.
MAIN SAN GABRIEL BASIN WATERMASTER
ATTEST:
By: 00 4��
Secretary
APPROVED AS TO FORM AND EXECUTION:
Q,
Attorney for Watermaster
CITY OF ARCADIA
M.
ATTEST:
DO
�� 7:t- J,
vocr S D
c -c L+64 -(
AMENDATORY AGREEMENT EXTENDING
CYCLIC STORAGE AGREEMENT BETWEEN
CITY OF ARCADIA
AND MAIN SAN GABRIEL BASIN WATERMASTER
This AMENDATORY AGREEMENT extending the INDIVIDUAL PARTY
CYCLIC STORAGE AGREEMENT is made as of the 4th day of March, 2009, between
CITY OF ARCADIA, herein referred to as "Producer," and the MAIN SAN GABRIEL
BASIN WATERMASTER, a court empowered entity appointed by the Superior Court of the
State of California in and for the County of Los Angeles, in connection with Civil Action No.
924128 entitled, "Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et
al.," herein referred to as " Watermaster."
RECITALS
A. Watermaster and Producer entered into an Individual Producer Cyclic Storage
Agreement ( "Agreement ") as of March 3, 2004, for the purpose of giving Producer the
ability to store up to 5,000 acre -feet of State Water Project water in the Main San
Gabriel Basin. The Agreement expired March 3, 2009.
B. Pursuant to the provisions of Paragraph 10, the Agreement provides for extensions for
additional terms, not to exceed five years each, by mutual consent of the parties.
C. The parties desire to extend the term of the Agreement for an additional five years and
continue the benefits that the Agreement provides.
COVENANTS
Pursuant to the provisions of Paragraph 10 of the Agreement, the term of the
Agreement is hereby extended to and including March 3, 2014.
2. Except as hereby amended, the Agreement shall remain in full force and effect.
3. Upon execution, this Amendatory Agreement shall be effective as of March 3, 2009.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be duly executed
by its authorized officers.
ATTEST:
UZZ
Secretary
MAIN SAN GABRIEL BASIN WATERMASTER
wo
APPROVED AS TO FORM AND EXECUTION:
Attorney for Watermaster
CITY OF ARCADIA
By:
ATTEST: Pat Mallov
Assistant City Manager/
Public Works Services Director
1 I X11w ►.
M
� fl[L
INDIVIDUAL PARTY CYCLIC STORAGE AGREEMENT
THIS AGREEMENT, entered into as of this,3ie'a day of MA4g# 2004,
by and between CITY OF ARCADIA (herein referred to as "Producer ") and the
MAIN SAN GABRIEL BASIN WATERMASTER, a court appointed entity
established by the Superior Court of the State of California in and for the County
of Los Angeles, (herein referred to as "Watermaster").
RECITALS
A. Water rights have been adjudicated in the Main San Gabriel Basin (herein
referred to as "the Basin ") according to the Judgment in Los Angeles
County Superior .Court; Civil Action No. 924128 entitled "Upper San
Gabriel Valley Municipal Water District vs. City of Alhambra, et al." Said
Judgment established Watermaster as the court empowered entity
responsible for managing the Basin and authorized Watermaster to
purchase Supplemental Water for replenishment of the Basin (herein
referred to as "Supplemental Water"). Such purchase of Supplemental
Water shall be made through three Responsible Agencies, as defined in
the Judgment, which have a source of Supplemental Water to the Basin.
B. Spreading, injecting or otherwise recharging water in the Basin is
restricted according the Section 25 of the amended Judgment; however,
pursuant to Section 34(n) of said Amended Judgment, Watermaster is
authorized to enter into cyclic storage agreements, to be approved by the
Court, for utilization of ground -water storage capacity in the Basin for
cyclic or regulatory storage of Supplemental Water, for subsequent
recovery and use or Watermaster credit by the storing entity, with all such
agreements to be in accord with Uniform Rules and Conditions adopted by
Watermaster.
C. To provide for the spreading of water for cyclic storage, Watermaster and
the Los Angeles County Flood Control District have heretofore entered
1
1106-80
C,-a46q
VMW '"404
into an agreement whereby the Flood Control District will undertake the
responsibilities associated with actual spreading operations in the Basin.
D. The following cyclic Storage Agreement is made pursuant to the Uniform
Rules and Conditions adopted by Watermaster.
COVENANTS
NOW THEREFORE, in consideration of the mutual promises, covenants
and conditions hereinafter set forth, the parties hereto do hereby agree as
follows:
1. Definitions
The definitions contained in the above - mentioned Judgment are hereby
incorporated by this reference and made a part hereof.
2. Agreement Status
The rights granted under this Agreement shall have priority for storing
water and responsibilities for losses of stored water in accordance with
Watermaster's Uniform Rules and Conditions of Cyclic Storage
Agreements.
3. Delivery, Amount, and Ownership of Stored Water
Producer may, subject to the conditions hereinafter set forth, request that
Watermaster cause to be spread in the Basin State Project Water which
will be stored for Producer's account until such time as needed by
Producer to meet Supplemental Water requirements placed on it by
Watermaster. The amount of water to be stored in the Basin for Producer
hereunder shall not exceed 5,000 acre -feet at any point in time. Producer
shall acquire and retain during the term hereof (or any extensions thereof)
ownership of all water stored for its account hereunder until such time as
said water is produced by Producer, transferred by Watermaster as a
credit to Producer's subsequent Replacement Water obligation or lost
pursuant to Section 2 hereof.
4.0 Watermaster Control of Spreading, Storage, and Use of Stored Water
All water stored for Producer's account pursuant to this Agreement shall
be ordered by Watermaster through a Responsible Agency and spread by
2
1i 'ri
the Los Angeles County Flood Control District in accordance with its said
agreement with Watermaster. The time, place, and amount of such
spreading within the Basin shall be approved in advance by Watermaster
provided that when the water level of the Baldwin Park Key Well is at or
above elevation 250 Watermaster shall not allow Supplemental Water to
be spread in the Basin unless otherwise approved by the Court or shall
limit such spreading activities to specific spreading grounds.
4.1 Criteria for Delivery of Supplemental Water
Water delivered pursuant to this agreement shall be subject to
Watermaster's "Criteria for Delivery of Supplemental Water," January
1996, adopted by Watermaster Resolution 4 -96 -138, April 3, 1996.
4.2 Controls by Watermaster
Notwithstanding any other provisions of this Agreement, Watermaster
reserves the right to order the cessation or reduction in delivery rate of
water being spread for cyclic storage if, in its judgment, Watermaster
determines:
a. that water previously authorized to be stored under this Cyclic
Storage Agreement would cause the elevation of the ground water
in the Basin to adversely affect the Basin's highest utilitarian
operations; or
b. that such cessation or reduction in delivery rate is necessary to
prorate the cyclic storage rights of all Cyclic Storage Agreements in
the Basin; or
C. that the spreading of Supplemental Water to meet Replacement
Water requirements would be jeopardized by the continued
spreading of water for cyclic storage when considering the
necessity to protect the elevation of the Baldwin Park Key Well.
4.3 Reports of Water Deliveries
Upon Watermaster's receipt of notice from the Responsible Agency that
the water has been delivered, Watermaster shall provide Producer with a
statement of water credited to Producer's account for storage.
Subsequent to Watermaster's statement to Producer, Watermaster will
3
%AW '"0
note the balance of water in Producer's account in Producer's quarterly
production report.
5. Loss of Water
Watermaster shall determine and assign losses in water stored for
Producer's account in the Basin, assuming that cyclic stored water floats
on top of the groundwater supplies. Such losses shall be determined by
accounting for all losses of natural water which would have replenished
the Basin had water not been in cyclic storage, and Watermaster shall
apportion such losses among all storing entities pursuant to and in
accordance with Watermaster's Uniform Rules and Conditions governing
cyclic storage.
6. Payment Provisions
Producer shall pay to Watermaster the established rates for Supplemental
Water to be delivered into Producer's Individual Party Cyclic Storage
Account. Watermaster will order Supplemental Water from the
Responsible Agencies and will pay the Responsible Agencies' established
rates for Supplemental Water.
7. Accounting for Removal of Water from the Basin
Watermaster shall account for the removal of water by the Producer from
the Basin as follows:
a. The first water which a Producer produces from the Basin in a
Fiscal Year shall be Carry-over of unused rights in accordance with
Section 49 of the Judgment which provides that "The first water in
the succeeding Fiscal Year shall be deemed produced pursuant to
such Carry-over Rights. ";
b. The next such water so produced shall be temporary transferred
water rights, if any;
C. The next such water so produced shall be a Producer's share of the
Operating Safe Yield for that Fiscal Year;
d. The next such water so produced shall be a Producer's water
stored pursuant to a valid Individual Party Cyclic Storage
Agreement.
4
8. Rent, or Offset Credit
It is hereby agreed that there is no charge, rent, assessment or expense
incurred by reason of the storage rights granted hereunder, nor is there
any credit or offset for the benefits thereof, nor shall there be any charge
for the use of physical facilities including service connections, flood control
channels, spreading basins or hydrologic services utilized in connection
with the storage rights granted herein.
9. Indemnity Clause
Producer shall save and hold harmless Watermaster and its officers,
agents, and employees from any and all costs, damages or liability
resulting or alleged to result from the storage of water pursuant to this
Agreement and shall provide Watermaster with the defense or costs of
defense of any action brought against Watermaster, its officers, agents, or
employees arising or alleged to arise by reasons of the storage of water in
the Basin for Producer's account.
10. Term
The term of this Agreement shall commence on the day, month, and year
first above written and shall terminate five years thereafter unless
previously terminated or extended as hereinafter provided. By the mutual
agreement of the parties hereto, and without further court approval, this
Agreement may be extended for additional terms, not to exceed five years
each, provided Watermaster shall report its intention to consider an
extension of this Agreement in its minutes of a meeting held prior to its
meeting when any such extension request shall be acted upon.
11. Effective Date of Agreement
This Agreement shall become effective only upon Court approval hereof
and Watermaster shall petition the Court for such approval.
12. Termination
For a material breach hereunder, any party hereto may terminate this
Agreement upon thirty (30) days' written notice to the other parties hereto.
5
09
13. Notices
n
Any notice required hereunder may be given by mail, postage, prepaid,
addressed as follows:
TO: Main San Gabriel Basin Watermaster
Attn: Executive Officer
725 North Azusa Avenue
Azusa, California 91702
TO: City of Arcadia
Attn: Pat Malloy, Public Works Services Director
P.O. Box 60021
Arcadia, California 91066 -6021
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed by its authorized officers.
MAIN SAN GABRIEL BASIN WATERMASTER
By: tot - - � I rA MK_
Chairman
ATTEST:
By: L; L��
ecretary
APPROVED AS TO FORM AND EXECUTION:
— a
Attorney for Watermaster
6
. • ' fir' "w/�
CITY OF ARCADIA
By:
ATTEST:
By: