HomeMy WebLinkAboutContracts & Agreements_87-2023AMENDMENT TO SAN BERNARDINO BASIN GROUNDWATER COUNCIL
FRAMEWORK AGREEMENT
This AMENDMENT TO SAN BERNARDINO BASIN GROUNDWATER COUNCIL
FRAMEWORK AGREEMENT ("Amendment") is entered into and effective this day of
, 2023 by and among the City of Colton ("Colton"), the City of Redlands ("Redlands"), the
City of Rialto ("Rialto"), the City of San Bernardino Municipal Water Department ("SBMWD"),
City of Loma Linda ("Loma Linda"), East Valley Water District ("East Valley"), San Bernardino
Valley Municipal Water District ("Valley District"), San Bernardino Valley Water Conservation
District ("Conservation District"), Fontana Water Company ("FWC"), West Valley Water
District ("WVWD"), Yucaipa Valley Water District ("Yucaipa"), Bear Valley Mutual Water
Company ("BVMWC"), and Loma" Linda University ("LLU") each of which is referred to as a
"Party," for the purpose of extending the original San Bernardino Basin Groundwater Council
Framework Agreement until June 30, 2024, while participants continue their analysis and
deliberations regarding its potential longer term renewal. This Amendment is entered into in
consideration of all of the following:
RECITALS
WHEREAS, on or about February 27, 2018, the Parties to this Amendment entered into
that certain "San Bernardino Basin Groundwater Council Framework Agreement" ("Original
Agreement") for the purpose of coordinating basin management and cooperatively funding basin
maintenance and groundwater recharge activities within the San Bernardino Basin Area; and
WHEREAS, the Original Agreement had a term of five (5) years; and
WHEREAS, the Groundwater Council formed under the Original Agreement has been
functioning successfully since then, allowing a forum for cooperative management and input of
basin maintenance, operation, and recharge activity, including cooperative funding for imported
or other supplemental water supplies when available for replenishing local groundwater supplies;
and
WHEREAS, in light of the coming expiration of the five-year term of the Original
Agreement, the Parties have undertaken deliberation and debate on modifications that might be
made to the Groundwater Council's structure and procedures, including refinements to its
Equitable Allocation Model; and
WHEREAS, the Parties have reached agreement on modifications to the Equitable
Allocation Model, but have not finalized consensus on other contemplated changes to the
Groundwater Council processes, structures, and procedures; and
WHEREAS, the Parties wish to implement the Equitable Allocation Model revisions on
which they have reached agreement, but continue the Original Agreement in all other respects as
originally adopted to allow for further investigations and potential improvements to the original
Groundwater Council, its purposes, processes, and procedures.
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NOW THEREFORE, in consideration of the matters recited and the mutual promises,
covenants, and conditions set forth in this Agreement, the Parties hereby agree as follows:
1. EQUITABLE ALLOCATION MODEL
The Equitable Allocation Model, attached to the Original Agreement as Exhibit B, is
hereby replaced, and superseded in its entirety by the Equitable Allocation Model attached to this
Amendment as Amended Exhibit B.
2. TERM
Paragraph 2.2 of the Original Agreement is hereby amended to read as follows:
This Agreement shall remain in effect until June 30, 2024, unless earlier
terminated by the unanimous written consent of all then -active Parties,
provided, however, that this Agreement shall remain in effect during the term
of any contractual obligation or indebtedness of the GC that was previously
approved by the GC.
3. REMAINDER OF ORIGINAL AGREEMENT UNAFFECTED.
Except as specifically amended herein, the remainder of the Original Agreement is and
shall be unaffected by this Amendment, with the intent that only the Term and the Equitable
Allocation Model shall vary from the Original Agreement, and except as specifically so amended,
the Original Agreement in all of its particulars shall remain in full force and effect throughout the
extended term.
4. COUNTERPARTS.
This Amendment may be executed in one or more counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute but one and the same instrument.
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DATED: , 2023
CITY OF COLTON,
a California general law city and
municipal corporation
By:
William R. Smith, City Manager
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DATED: June 12, 2023
CITY OF REDLANDS,
a California general law city and
municipal corporation
By: C.'1..t'z,i
Charles M. Duggan, Jr., CityManager
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CITY OF RIALTO
a California general law city and
municipal corporation
DATED: , 2023 By:
Arron Brown, Acting City Manager
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DATED: , 2023
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
By:
Miguel Guerrero, General Manager
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CITY OF LOMA LINDA
a California charter city and
municipal corporation
ATED: , 2023 By:
T. Jarb Thaipejr, City Manager
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EAST VALLEY WATER DISTRICT
DATED: , 2023 By:
Michael Moore, General Manager/CEO
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DATED: , 2023
SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT
By:
Heather Dyer, CEO/General Manager
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DATED: , 2023
SAN BERNARDINO VALLEY WATER
CONSERVATION DISTRICT
By:
Betsy Miller, General Manager
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FONTANA WATER COMPANY
DATED: , 2023 By:
Josh Swift, General Manager
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WEST VALLEY WATER DISTRICT
DATED: , 2023 By:
Van Jew
Acting General Manager
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YUCAIPA VALLEY WATER DISTRICT
DATED: , 2023 By:
Joseph Zoba, General Manager
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DATED: , 2023
BEAR VALLEY MUTUAL WATER
COMPANY, a California mutual water
company
By:
George Hanson, General Manager
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LOMA LINDA UNIVERSITY
DATED: , 2023 By:
Richard H. Hart, MD, DrPH,
President
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Exhibit B
EQUITABLE ALLOCATION METHOD
The Parties to this agreement are currently sharing costs and establishing the voting
weight for each Party using the following method, which is performed annually after the annual
submittal of the Western -San Bernardino Watermaster Report to the Court. The details for this
method are included in a Microsoft Excel Spreadsheet titled REVISED_EAM_Budget_FY23-
24 V3.xlsx, as amended by the GC from time to time, which is incorporated here by reference.
Copies of that file have been made available to all parties.
I. Calculation of the Equitable Operations and Maintenance (O&M) Cost.
The equitable distribution of the O&M Costs amongst the Parties shall be calculated from the
approved budget, as follows:
Equitable O&M Cost Plaintiffs = 0.2795 x O&M Costs
Equitable O&M Cost Non Plaintiffs = Proportion of Total Pumping x 0.7205 x O&M Costs
where,
O&M Costs = annual budgeted or actual costs to operate and maintain the facilities needed
to recharge supplemental water into the SBBA that have been reviewed and approved by
the Council
Proportion of Total Pumping (%) = Party's total SBBA pumping
where,
Non -Plaintiff Total SBBA Pumping
Party's total SBBA pumping (acre-feet) = the Party's total amount pumped from the SBBA
for the previous complete calendar year, as published by the Western -San Bernardino
Watermaster, and adjusted for any water pumped by one Party and received by another
Party, to coordinate with non-parties still paying the groundwater charge, Parties may be
requested to report production to the SBVWCD, as needed.
Non -Plaintiff Total SBBA Pumping (acre-feet) = total Non -Plaintiff pumping of the parties
for the previous complete calendar year, as recorded by the Western -San Bernardino
Watermaster.
II. Calculation of the Equitable Supplemental Water Cost.
The equitable distribution of the supplemental water cost will only be paid by the Non -Plaintiff
parties and shall be calculated, as follows:
Equitable Water Cost = Party Gap + Sustainability
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where,
Party Gap ($) = GapLast 5 Years * Supplemental Water Cost
where,
GapLast 5 Years < 0, else Party Gap ($) = $0
Gap Last 5 Years (acre-feet) = Safe Yield Last 5 Years - Demand Previous Year + Net New Recycled
Previous Year
where,
Demand Previous Year = total water demand calculated for the Party for the previous year
using published data, as approved by the Council.
The safe yield of the last 5 years for the SBBA will be proportioned amongst the
Parties as described below.
where,
Net New Recycled Previous Year = The amount of recycled water from the previous year
minus Recycled 1959-63
where
Recycledi959-63 is the amount of recycled water used in the base period
50% Local SW Recharged = 50% of the 5-year average local surface water
available to an agency that is controlled by that agency and intentionally delivered
for groundwater recharge into the Basin
Sustainability ($) = Water Use x (Total Equitable Water Cost — Total Gap ($))
where,
Sustainability Water Use (%) — Party Water Use (acre—feet)-50% Local SW Recharged
Total Water Use (acre—feet)-50% Total Local SW Recharged
where,
Party Water Use (acre-feet) = the Party's total average water use over the past,
complete, 5 year period (surface water, groundwater, recycled water, imported water,
50% Local SW Recharged, etc.)
Total Water Use (acre-feet) = Summation of each individual Party Water Use
50% Total Local SW Recharged = 50% of the sum of all Local SW Recharged
Total Equitable Water Cost = Sustainable Amount x Supplemental Water Cost
where,
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Sustainable Amount (acre-feet) = The amount of supplemental water, in acre-feet,
needed to achieve long-term sustainability which shall be determined by the GC
Supplemental Water cost ($/acre-foot) = The cost for recharged Supplemental Water.
The cost for SWP water will be as published in the San Bernardino Valley Municipal
Water District Resolution 888, as amended
Total Gap ($) = Summation of each individual Party Gap ($) for all Parties
Proportioning Safe Yield.
The Western -San Bernardino Judgment does not apportion the safe yield by water agency. The Parties
agree that, for purposes of this agreement, the Safe Yield will be apportioned, as follows:
Safe Yield Last 5 Years_ The safe yield for the previous 5, complete, calendar years shall be
proportioned based upon the total water use for each Party, as follows:
Safe Yield Last 5 Years = Party Water Use x Safe Yield Non Plaintiffs
Where,
Water Use is a percentage (%) and is defined above
Safe Yield Non Plaintiffs = defined by the Western -San Bernardino Watermaster from time to time,
currently 172,745 acre-feet
Credit for Water. A party can provide Net New Recycled Previous Year and 50% Local SW Recharged and
receive monetary credit towards their Equitable water cost.
Credit for Water ($) = (Net New Recycled Previous Year + 50% Local SW Recharged) x Supplemental Cost
where.
Net New Recycled Previous Year = defined above
50% Local SW Recharged = defined above
Supplemental Water Cost = defined above
III. Formula for Voting Weight. The voting weight for each Party will be calculated, as
follows:
Voting Weight = Total Party Cost
Total Costs
Where,
Total Party Cost = Equitable O&M Cost Non Plaintiffs + Equitable Water Cost
Total Costs = 0.7205 x O&M Costs + Total Sustainable Water Cost
The total sum of all of the individual Voting Weight values shall be equal to 1.0.
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