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HomeMy WebLinkAboutContracts & Agreements_147-2004_CCv0001.pdf INTEGRATED MANAGEMENT PROGRAM DEMONSTRATION PROJECT 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 Agreement (Parties). RECITALS WHEREAS, the Parties have various missions,but intend through this Agreement to provide a management structure for the purposes 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 I. This agreement shall have a term of one (1) year from execution by all Parties (Initial Term). The Initial Tenn 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 Tenn. The Replenishment Targets established for the Initial Tenn 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. I 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: 9DATE:—tq�l45,j 1769 2 Integrated Management Program Demonstration Project Agreement SAN BE4NAR-D VALLEY MUNCIP'AL WATF, DIST T DATE: WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY By:4DATE: A , CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT By ._ DATE: Lo CITY OF REDLANDS By: DATE: i Attest: By: ' ' DATE: � v EAST VALLEY WATER DISTRICT By: 7,zDATE: ` • d ti 3 Exhibit"A" Total for Water Year Total for Water Year Initial (from Oct 1 till first 2004-05 Target Amounts 2004-05 Target Amounts 1"of rainfall)SWP Flow Recharge Areas from all sources (AF) from SWP Water (AF) Rate Maximum CFS Notes: Santa Ana16,500 6,000 15 Mill Creek - 10,000 4,000 10 Redlands Airport/BV 1,500 400 5 City/Plunge Creek 1,500 250 5 Patton - 500 250 5- ---- - - - ----- Devil Canyon/Sweetwater 6,000 5,000 15 - - _ Badger 500 _0 5 Waterman 2,000 1,500 10 Yucaipa-Wilson 1,500 0 5 ............ - 40,000 17,400 75 Spread rates in areas that are operated by SBCFCD may vary based upon SBCFCD flood management/preparation activities.