HomeMy WebLinkAboutContracts & Agreements_189-2004_CCv0001.pdf SECOND HIGH GROUNDWATER EXTRACTION AGREEMENT
This Second High Groundwater Extraction Agreement ("Agreement") dated December
7, 2004 is made and entered into by and between the San Bernardino Valley Municipal Water
District and Western Municipal Water District of Riverside County ("Municipal Districts") and
the City of Redlands ("Pumper").
RECITALS
A. Municipal Districts and Pumper previously entered into a High Groundwater
Extraction Agreement dated December 15, 1.998 ("First Agreement"). The First Agreement
addressed: (a) the need for additional extractions in the San Bernardino Basin Area in order to
lower groundwater levels; and (b) the extraction and recharge of groundwater resources in order
to satisfy certain contractual arrangements whereby the Orange County Water District
("OC"") pays for water that is pumped from the San Bernardino Basin Area and discharged
into the Santa Ana River at times when it can be used to recharge groundwater resources within
OCWD.
B. In general, the First Agreement provided that Pumper agreed to pump Program
Water, as defined in that First Agreement, from certain wells and discharge such Program Water
to the Santa Ana River. The First Agreement further provided that Municipal Districts paid to
Pumper the sum of$10 per acre foot of plus the cost of power for such pumping.
C. The Municipal Districts and OCWD entered into a Water Delivery Agreement,
dated February 6, 2002, which provides for the Municipal Districts to cause to be delivered into
the Santa Ana River, or its tributaries, certain amounts of groundwater and for OCWD to pay for
such deliveries.
D. The term of the First Agreement extended until December 31, 1999 and also
included an extension of the term for an additional four (4) years. As a result of the first
extension, the term of the First Agreement expired on December 31, 2003.
E. The parties desire to enter into this Agreement and reinstate the terms and
conditions which were originally set forth in the First Agreement, with the understanding that
this Agreement will be automatically renewed on an annual basis unless terminated by any party
as provided for herein. As a result, the parties hereto restate the Recitals originally set forth in
the First Agreement as follows:
(i) There exists, at certain times, a temporary condition of groundwater surplus in the
pressure zone of the San Bernardino Basin Area, upstream from the Bunker Hill Dike,
resulting from recent extraordinary hydrologic conditions, presenting a serious threat of
damage to property and injury to persons. It is in the public interest and in the interest of
sound water resources management that additional extractions in the area be made in
order to lower such groundwater levels and that such temporary surplus be put to
beneficial use.
RVPL-113,J F F,681909.1
(11) Municipal Districts have entered into a water delivery agreement with Orange
County Water District ("Orange County") under which Orange County will pay for water
pumped from such area and discharged into the Santa Ana River at times when it can be
used to recharge groundwater resources within Orange County. Municipal Districts have
entered into an agreement inter sere in regard to accounting for water produced pursuant
hereto by the Watermaster under Western Municipal Water District v. East San
Bernardino Count Water District et al., Riverside Superior Court No. 78426 ("Western
Judgment").
(iii) Pumper has one or more wells in the pressure zone from which groundwater may be
pumped and discharged to the Santa Ana River which are available to make some of the
additional extractions needed.
NOW THEREFORE, in consideration of the mutual covenants and conditions stated herein and
other valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree
as follows:
AGREEMENT
1.0 Pumper agrees to pump groundwater from the well identified on Exhibit "A" and
discharge such groundwater to the Santa Ana River by use of the facilities identified in Exhibit
"A." Such pumping and discharge shall be made on the schedule and at the rate and amounts set
forth in Exhibit "A" or as may be hereafter agreed upon from time to time by the parties.
Pumper will make a good faith effort to pump and discharge as much water as possible within
the said terms but shall not be responsible for any minimum guarantee.
2.0 Upon notice from Municipal Districts, Pumper shall cease such pumping and
discharge until notification to resume.
3.0 All water pumped and discharged pursuant to this Agreement shall be metered by
Pumper at the well. Meter records shall be kept by Pumper, and copies shall be supplied to
Municipal Districts on a monthly basis. Pumper's records and metering facilities shall be
available for inspection by all parties hereto and by OCWD.
4.0 Pumper shall submit a monthly statement to Municipal Districts for all water pumped
and discharged pursuant to this Agreement, together with copies of the pumping records, and
Municipal Districts shall pay the sum of $10 per acre foot plus the cost of power for such
pumping. Payment shall be made within 30 days of submission of each statement.
5.0 In the event any capital facilities or works are required in connection with this
Agreement, the nature and extent thereof, together with any financial arrangements with respect
thereto, shall be identified on Exhibit"A."
RV11t UHIA081909.1
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6.0 Water produced by Pumper pursuant to this Agreement shall comply with the
requirements of the Santa Ana Regional Water Quality Control Board. Water which does not
comply with such requirements shall not be eligible for compensation.
7.0 San Bernardino Valley Municipal Water District ("SBVMWD") shall be responsible
for administration of this Agreement on behalf of Municipal Districts. Pumper shall submit its
statements and reports to SBVMWD, and SBVMWD shall make payments due Pumper from
Municipal Districts and any notification to Pumper for Municipal Districts.
8.0 The term of this Agreement shall extend from the date herein until December 31,
2004. Subsequent terms shall end on December 31 of the respective year. Thereafter, the term
of this Agreement will continue on an annual basis unless terminated by any party upon written
notice to the other parties at least six (6) months prior to the end of the then current term.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their respective duly authorized officers.
WESTERN MUNICIPAL WATER SAN BERN , ALLEY
DISTRICT OF RIVERSIDE COUNTY MUNICIPAL R ISTRIC
President
Pres�iaent
(_J
By: By: j
etre ary or-ac,
Date: Date:
CITY OF REDLANDS
By:
'Sus Peppier, Maydr
Attest:(
City/Clerk
Date: —December 7, 2004
RV P UM F F\6 81 909A
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EXHIBIT "A"
Name of Pumper: City of Redlands
Wells to be pumped: Well #34
Points of discharge: Mission Storm Drain
Schedule and rates and amounts to be pumped:
The Well listed above is available when not needed for internal use by Pumper.
Scheduling will be done on a day to day basis to meet the needs of the Pilot Dewatering
Program. To the extent possible, weekly schedules will be developed during the week
prior to the week in which deliveries are made.
Capital facilities (if any) and terms with respect thereto:
Prior to its commencement, Pumper is to submit a detailed list of any capital
facilities/expenses for which the Pumper is expecting reimbursement as part of this
Program. Capital improvements are the property of the Pumper but shall be available for
use by the Program for the duration of the agreement to which this Exhibit is attached.
RVPUB',JFF',681909,1
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