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HomeMy WebLinkAboutContracts & Agreements_212-2007_CCv0001.pdf t,- AGENCY CONSENT FOR A ONE-YEAR EXTENSION TERM UNDER THE INTEGRATED MANAGEMENT PROGRAM DEMONSTRATION PROJECT AGREEMENT Paragraph No. 1 of the Integrated Management Program Demonstration Project Agreement provides that "the Initial Term of the Agreement may be extended by the consent of all Parties for four(4) one-year periods." In accordance with the provisions of Paragraphs 2 and 4 of the Integrated Management Program Demonstration Project Agreement (Agreement), which provides for changes in the replenishment targets, the parties to this Agreement met and conferred on October 11, 2007 and agreed to the revised targets shown in Exhibit A (2007-08). The Parties to the agreement are the San Bernardino Valley Water Conservation District, San Bernardino Valley Municipal Water District, Western Municipal Water District of Riverside County, the City of San Bernardino Municipal Water Department, the City of Redlands, and East Valley Water District. At its regular City Council meeting on November 20, 2007 the governing body of the City of Redlands, upon motion by councilmember Gilbreath second by councilmember Gallagher and affirmative vote of its members, authorized and consents to extending the term of the agreement(Third Extension) through September 30, 2008 and revising the replenishment targets as shown in Exhibit A (2007-08). By: Jon Har �Ison Title:Mayor Attest, i Lor ie P ,c' y Clerk » Si 4 Integrated Management Program Demonstration Project Exhibit A (2007-08) l r 4t i �tE 2007 - 2008 Total for Water Year 2007- Total for Water Year 2007- Initial (from Oct 1 till first 08 Target Amounts from 08 Target Amounts from 1" of rainfall) SWP Flow Recharge Area all sources (AF)( ) SWP Water(AF) Rate Maximum, cfs Santa Ana 24Notes ,750 Mill Creek 9,000 15 _ 000 Redlands Airport/BV 15,000 6, 10. 2,250 600 st$ Ci /Plun a Creek 52,250 Patton 375 5k 750 375 Devil Can on/Sweetw 5 Irl. 9,000 7,500 Badger 15 750 Waterman 53,000 lgg ,250 t7 Y 2 ucaipa -Wilson 0 _ 2,250 5 , TOTAL 60 000 1 26,100 75 ' Note: Spread rates in areas that are o y vary A Aerated by SBCFCD ma va based upon SBCFCD flood management/preparation activities. ( , r1tr kry tt 1}k i �t c at tlk . itii4± �t{d t i i; k t �jt73Jti} )titi�t!,S`rl r,;t n t}# In t5�S tt t5&} INTEGRATED MANAGEMENT PROGRAM DEMONSTRATION PROSECT AGREEMENT This Integrated Management Program Demonstration Project Agreement (Agreement)is between the San Bernardino Valley Water Conservation District, San Bernardino Valley Municipal Water District, Western Municipal Water District of Riverside County,the City of San Bernardino Municipal Water Department,the City of Redlands, and East Valley Water District and effective from the date of execution by all parties to the.Agreeanent (Parties). `ALS WHEREAS,the Parties have various missions, but intend through this Agreement to provide a management structure for thepurposes of(1) spreading native water as and when available; (2) spreading supplemental water when native water is not otherwise available to increase water levels in the upper basin(forebay); and,(3)managing recharge to avoid deleterious impacts in the pressure zone; and, WHEREAS, there are pre-existing agreements or judgments that impose conditions on some or all of the Parties, including,the"Seven Oaks Accord,"the Western Judgment, the 1977 Big Bear judgment and the"Exchange Plan"; and, WHEREAS,the Parties intend that this Agreement will implement a demonstration program, pending the preparation and full implementation of the Integrated Management Program, as that term is defined in the "Seven Oaks Accord," and,as such, is intended to be of limited.duration. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: TERMS OF AGREEMENT 1. This agreement shall have a term of one(1) year from execution by all Parties(Initial Term). The Initial Term may be extended by the consent of all Parties for four(4), one-year periods (Extension Terms). Unless all Parties make an express determination that the Agreement may extend beyond five(5) years, the Agreement shall expire at the end of the Extension Terms. 2. The Parties shall establish replenishment targets(Replenishment Targets) for recharge areas for the Initial Term. The Replenishment Targets established for the Initial Term are attached hereto as Exhibit"A". At any time that it is determined necessary, the Parties will review and revise the Replenishment Targets;provided, however, that at the beginning of each Extension Term,the Parties will meet and confer in good faith to review and revise the Replenishment Targets. Any revision to the Replenishment Targets will be incorporated as though set forth in full in this Agreement. 5BVMWD LEGAL DOCUMENT 1991 Integrated Management Program Demonstration Project Agreement 3. The Parties will meet and confer in good faith to prepare a mechanism for evaluating the effects of the proposed Replenishment Targets,using such technical tools and analyses as they may collectively develop. At a minimum, the parties agree that the groundwater model prepared by united States Geological Survey(USGS) for SBVMWD will be utilized to determine potential effects. Additionally, available, current groundwater levels will be analyzed. The Parties may determine that additional data are required for analysis and,by mutual consent, develop technical memoranda setting forth the information that will be considered to re-evaluate the effects of Replenishment Targets. 4. The Replenishment Targets are not intended to be fixed limits. They are intended to serve as thresholds for additional review and analysis. In the event that any party to this Agreement requests a change to the Replenishment Targets, then all Parties to the Agreement shall meet and confer in good faith to evaluate the proposed change to spreading targets,using the evaluation methodology set forth in the technical memoranda that may be prepared as set forth in Paragraph 3. In order to change Replenishment Targets,the Parties must achieve consensus. 5. Notwithstanding any other provision in this Agreement,the Parties will meet quarterly,or more frequently as required, to discuss,review and analyze this demonstration program and its effectiveness. 6. This Agreement may be executed in counterparts. 7. This Agreement may be terminated with the written consent of all Parties. 8. This Agreement does not confer a benefit on any other person, corporation, organization, agency or municipality; no third party beneficiary is created through this Agreement. 9. This Agreement does not obligate funds on behalf of any Party. 10. No Party to this Agreement may use this Agreement, or any actions taken pursuant to this Agreement, as evidence in any pending water rights proceedings. SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT By: DATE: /d 2 r v w y ,!,a�.w,..;�,......,a..-.,: _,ry=-%,:--u=-. ��:a.:,-^~� mak- r`a c,� ��-a:-a^: -,.... v�.r., --7'=V,-...a `�..�.G oma,.„.��,.a.„a-...,-av_ „a� cacr'"`a�ti:,.� a 3,,.;..✓'`�.�? �...�, , .:�� .y-,za �-� ��,�Y....,m�'=`� a �a�,§����yw'` a..,�^^`"`;.;-�.-�"�-," "��1',-�.��,`„ter•-,e„w...�rs.a�->� �- � Ij �. 6 f Integrated Managem=Program Demonstration Project Agreement SAN BERN VALLEY MUNCIP W ISTRI By. DATE:j�o�- - WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY By- DATE:J d CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT By: 9 �DATE: o G 04 CITY OF REDLANDS By- DATE:_Al D Attest: By DATE: EAST VALLEY WATER DISTRICT By. � /14 DATE: 3 uu- IOD � fl � i i i , ifs I � m a E � Le Ln `� '� Lo �o Lo rn � LL � aU ca � L m i � S 5? p d r � y i JETs CE f I i �1 ISuj $ a cc E i I m i t i i1 I 20, IY-