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HomeMy WebLinkAboutSan Luis Water District Transfer and Exchange of Water Yr 2013,;ì :6.c ^ouËz.oavt! q) fE .!)utsrLoO_o>: -oO(.) à(J AGREEMENT FOR TRANSFER AND EXCHANGE OF \ilATER This Agreement for Transfer and Exchange of Water ("Agreement") is made and effective as of May 30,2013 by and between (i) the City of Fresno, a California municipal corporation ("City") and (ii) the San Luis Water District, a California water district ("SLWD") with reference to the following facts: A. City has the right to receive Class 1 water from the Friant Division of the Central Valley Project ("CVP") under Contract No. 14-06-200-8901D ("CVP Contract Water") with the United States Bureau of Reclamation ("Reclamation"). B. Reclamation has forecast the City will have available up to 27,000 acre-feet of CVP Contract Water between March 7,2013 and February 28,2014 (the "2013 'Water Year"). C. Water Year 2013 is considered a critical dry (drought) year. As a result, certain regional water users have access to insufficient supplies to meet their minimal water requirements. D. Through this Agreement, the City and SLWD intend to coordinate their use of a portion of the CVP Contract'Water to optimize the use and availability of regional water supplies during this drought year. THEREFORE, the parties agree as follows: 1 W'ater Transfers and Exchanses. The City and SLV/D shall coordinate their use of a portion of the CVP Contract Water and undertake all reasonable efforts necessary to complete the following transfers of water: a. 5,000 AF of CVP Contract Water ("Transfer Quantity'') shall be transferred by the City and made available as follows for use by the following entities (collectivel¡ the "Transferees") during Water Year 2013: i. 2,000 AF to Madera Irrigation District; and ii. 700 AF to Orange Cove Irrigation District; and iii. 2,300 AF to Saucelito Irrigation District. b. SLWD shall be responsible for any and all arrangements necessary to accomplish any exchanges contemplated by the Additional Agreements (defined below). 2. Pavment. a. SLWD shall make payment to City of $1,625,000 (one million, two hundred thousand dollars; $325 per AF times 5,000 AF) within 30 days of the date of Reclamation authorizes the transfer and delivery of CVP Contract'Water to the Transferees. Water Exchange Agreement CITY- SLWD 03 7324\0023\1 038689 4.2 st3vt3 -1- b. The City shall make timely payment to Reclamation for the Transfer Quantity. The City shall be responsible for these costs as though the City accepted delivery of the Transfer Quantity at the Transferees' actual points of delivery. c. SLWD shall be responsible for any and all costs associated with the delivery and use of any water subject to the Additional Agreements. 3. Transfer Instructions. To accomplish the water transfers provided in this Agreement, the City and SLWD shall arrange to complete the Notices of Transfer in a form substantially similar to Attachments A, B, and C attached hereto. As a condition precedent to the implementation of the Additional Agreements necessary for SLWD to implement the transfers provided in Section 1.a, SLWD shall deliver to the City the executed versions of Attachments A, B, and C signed by the Transferees. The City shall then promptly sign and deliver to Reclamation the fully executed versions of Attachments A, B and C. The City and SLWD shall provide any other approvals and consents as may be reasonably required to implement this Agreement 4. Additional Agreements. The City and SLWD acknowledge and agree that SLV/D will enter into separate agreements with the Transferees, pursuant to which SLWD may receive additional financial consideration and water exchange rights ("Additional Agreements"). The City acknowledges and agrees that it has no right or claim to the SLWD's additional consideration that may be provided through the Additional Agreements. 5. Counterparts. This Agreement may be executed in counterparts by the parties. Facsimile signatures shall be binding. 6. Entire Aereement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. All prior agreements with respect to that subject matter, whether verbal or written, are hereby superseded in their entirety by this Agreement and are of no further force or effect. Amendments to this Agreement shall be effective only if in writing, and then only when signed by the authorized representatives of the respective parties. 7. Time of the Essence. Time is of the essence and the performance by the parties of this Agreement. 8. Specific Performance. The parties acknowledge that the water to be transferred and exchanged under this Agreement is unique, and that the failure of the City or SLWD to perform under this Agreement may not be readily compensable in monetary damages. Therefore, in addition to any other remedies available at law or in equity, in the event of a breach or threatened breach of this Agreement, the City and SLWD shall each be entitled to specific performance of this Agreement. 9. Severabilit)¡. If any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, and that provision cannot be reformed to be Water Exchange Agreement CITY- SLV/D 037324\0023\10386894.2 5/31/13 -2- To FID: enforceable consistent with the overall intent of this Agreement, the entire Agreement shall be void and unenforceable. 10. Ambi8uities. This Agreement shall be interpreted as if it had been jointly drafted by both parties. Therefore, the normal rule of construction that ambiguities are construed against the drafter is hereby waived. 11. Notices. All notices under this Agreement shall be effective (i) when personally delivered, (ii) when sent by facsimile on a business day between the hours of 8 a.m. and 5 p.m. (with written confirmation of transmission), at the numbers set forth below, provided that a copy is mailed as indicated below, or (iii) three business days after deposit in the United States mail, registered or certified, postage fully prepaid and addressed to the respective parties as follows: To City:Martin A. Querin, PE, Assistant Director of Public Utilities City of Fresno, Department of Public Utilities 2600 Fresno Street Fresno, CA9372I Facsimile No.: (559) 488-1024 Telephone No.: (559) ó21-8600 Martin Mclntyre, General Manager San Luis Water District 1015 6th Street Los Banos, CA 93635 Facsimile No.: (209) Telephone No.: (209) 826-4043 or such other address or facsimile number as the parties may from time to time designate in writing. As a matter of convenience, however, communications between the City and SLWD shall, to the extent feasible, be conducted orally by telephone or in person, and/or through the parties' respective counsel, with such communications to be confirmed and made effective in writing as set forth above provided no such oral notice or communication shall be effective unless so confirmed in writing. 16. Further Action. The parties agree to perform all further acts, and to execute, acknowledge, and deliver any documents that may be reasonably necessary, appropriate or desirable to carry out the purposes of this Agreement. I7. No Third Part]¡ Beneficiaries. This Agreement does not create, and shall not be construed to create, any rights enforceable by any person, partnership, corporation, joint venture, limited liability company or other form of organízation or association of any kind that is not a party to this Agreement. 18. Environmental Compliance. The obligations of the parties under this Agreement are expressly conditioned upon: (i) compliance with the California Environmental Quality Act -3- rvVater Exchange Agreement CITY- SLWD 03 7324\0023\ I 038689 4.2 s/31/13 ("CEQA") and all other applicable environmental laws with respect to the actions contemplated by this Agreement, and (ii) the receipt of all necessary govemmental and third party consents and approvals for those actions. Each party shall promptly prepare all appropriate environmental documents, if any are required, for it to undertake the actions contemplated in this Agreement. The parties shall cooperate to diligently complete all environmental review required in order to implement this Agreement, and shall use reasonable efforts to reduce any overlap in analyzing, mitigating, or studying environmental impacts associated with the actions proposed in this Agreement. Notwithstanding any other provision of this Agreement, no action shall be taken to effect the actions contemplated by this Agreement, and no other action shall be taken that commits any material resources of any party, until all required environmental review is completed and all parties have independently made all findings required by CEQA and other applicable environmental laws. If, upon completion of such environmental review, a party finds one or more signifrcant, unmitigated environmental impacts resulting from the actions contemplated by this Agreement and cannot make a finding that the benefits of the proposed project outweigh the impact or impacts, or that the impacts can be mitigated to a level below significance, then this Agreement shall terminate without further obligation or liability of any party. Neither the execution of this Agreernent, nor any preliminary steps taken to implement this Agreement, shall be taken into account in determining whether mitigating or avoiding any significant impact is feasible. //[continued on next page]ll Water Exchange Agreement CITY- SLWD 037324\0023\l 0 386894.2 5/3U13 -4- 19. Attolneys' Fees, In the event olany action l¡etween the parlies seeking enforccment or interpretation of any of the teuus anclconclitions of this Agreentent, tlte prevailing party in such actioll shall be arvarded its rcasonable costs altcl expenses, ittcluding, bnt not liurited to, taxable costs and reasonable attorneys' fccs. IN WITNESS WHEREOþ-, the parties have executecl this Agrccurent as of the date fir'st above rvritten. The parties have executecl this Agreement on the day and year hrst above rvritten, CITY OF FRESNO, SAN LUIS WATBR DISTRICT a CaliloLnia munìcipal cotporatiott a Califouria lvater district Patrick N. Wiemiller Director of Public Ut¡lities ATTBST: YVONNE SPENCE, CMC City Clerk, City of Fresno APPROVBD AS TO FOR DOUGLAS SLO City A By: Print Title: Date: May 30,2013 n to the City Attorney \\,nlcr Excl¡îrìge Agreentenl CITY- SL\VD 037324\0023\ r 03 86894.2 5t31il3 -5- NOTICE OF WATER TRANSFER 2013 WATER YEAR THIS NOTICE OF WATER TRANSFER 2013 WATER YEAR ('Notice") is provided as to the following facts: A. Reclamation has forecast the City will have available up to 27,000 acre-feet of CVP Contract Water between March 1,2013 and February 28,2014 (the "Water Year 2013"). B. Water Year 2013 is considered a critical dry (drought) year. As a result, certain regional water users have access to insufficient supplies to meet their minimal water requirements. TFIEREFORE, subject to Reclamation's approval, the Parties intend to effectuate the following transfer of CVP Contract Water: 1. To Madera Inigation District: a. The Cíty does hereby transfer to MID 2,000 AF of CVP Contract Water allocated to City by Reclamation, for use by Madera Irrigation District in the 2013 water year pursuant to the schedule attached hereto as Exhibit l. b. The City shall pay all Reclamation rates and charges associated with delivery of the CVP Contract Water to be delivered to MID's requested point(s) of delivery. 2. MID shall ensure that the transfered CVP Contract rüater is put to rcasonable and beneficial use in accordance with State and Federal law, including Reclamation law, IN WITNESS TIIEREOF, the parties, through their duly authorized representatives, have executed this Notice as of the day and year first above written. CITY OF FRESNO a California municipal corporation Patrick N. Wiemiller Director of Public Utilities 037324\0023\l 03 82530. l 6ßlt3 MADERA IRRIGATION DISTRICT a California irrigation district General Manager Attachmcnt A to Ciry - SLWD Agre€nì€nl E)GIIBIT 1 037324\0023\l 0382s30. r 613ll1 Attâchment A to City - SI.WD Agreement NOTICE OF WATER TRANSFER 2OI3 V/ATER YEAR THIS NOTICE OF WATER TRANSFER 2013 WATER YEAR ("Notice") is provided as of May 30,2013, by the CITY oF FRESNO, hereinafter referred to as "city", and oRANGE COVE IRRIGATION DISTRICT, hereinafter referred to as "OCID" with reference to the following facts: A. Reclamation has forecast the City will have available up to 27,000 acre-feet of CVP Contract Water between March 7,2013 and February 28,2014 (the "Water Year 2013"). B. Water Year 2013 is considered a critical dry (drought) year. As a result, certain regional water users have access to insufficient supplies to meet their minimal water requirements. THEREFORE, subject to Reclamation's approval, the Parties intend to effectuate the following transfer of CVP Contract Water: 1. To Orange Cove Irrigation District: a. The City does hereby transfer to OCID 700 AF of CVP Contract'Water allocated to City by Reclamation, for use by OCID in the 2013 water year pursuant to the schedule attached hereto as Exhibit 1. b. The City shall pay all Reclamation rates and charges associated with delivery of the CVP Contract Water to be delivered to OCID's requested point(s) of delivery. 2. OCID shall ensure that the transfer¡ed CVP Contract Water is put to reasonable and beneficial use in accordance with State and Federal law, including Reclamation law. IN WITNESS THEREOF, the parties, through their duly authorized representatives, have executed this Notice as of the day and year fust above written. Patrick N. Wiemiller Di¡ector of Public Utilities CITY OF F'RESNO a California municipal corporation 037324\0023\103 8ó935.2 614il3 ORANGE COYE IRRIGATION DISTRICT a Cali v Engineer Manager Attachment B to Ciry - SL\ryD Ageement (OCID) 037324\0023\10386935 2 6t4n3 Attachment B to City - SLWD Agreêment (OCID) NOTICE OF WATER TRANSFER 20 13 WATER YEAR THIS NOTTCE OF WATER TRANSFER 2013 WATER YEAR ('Notice") is providcd as of May 30,2013, by thc Cl'tY OF FRESNO. hercinafter referred to as "City". and SAUCELITO IRRIGATION DISTRICT, hcreinafter refened to as "SID" with relerencc to the following facts: A. Reclamation has forecast the City will have available up to 27,000 acre-lèet of CVP Contract Waterbetween March l,2013 and February 28.2014 (the "Water Year20l3"). B. Water Year 2013 is considererl a critical dry (drought) year. As a rcsuh, ceñain regional water users havc access to insuflìcient supplies to meel their minimal water requirements. TIIEREFORE, subjcct to Reclamation's approval, thc Parties intend to eflèctuate the following transfcr of CVP Cont¡act Watcr: l. To Saucelito lrrigation Disfict: a. Thc City does hereby transfer to SID 2,300 AF of CVP Contract Water allocated to City by Reclamation, f'or usc by Sll) in thc 2013 water year pursuant to the schedule attached hereto as Exhibit l. b. The City shall pay all Reclamation rates and chargcs ¿rssociated with delivcry ol'the CVP Conract Water to bc dclivcrcd to SID's requested point(s) of delivery. 2. SID shall ensure tlrat the transfened CVP Contract Watcr is put to reasonable and bencficial use in accordancc with Statc and Federal law. including Reclamation law. IN \¡VITNESS THEREOF. the partics, through their duly authorizcd rcpresentatives, havc cxccuted this Notice as of the day and year first abovc written. CITY OF I'RESNO a Califomia municipal corp,oration By: Itatrick N. Wiemiller Director of Public Utilities 017324W021\r018ó938.2 6ló113 SAU CELITO IRRIGATION DISTRICT a Califomi General Mânager An¡chmcf,t C ttr Círy - Sl.WD.Â8,¡ccmcnt (5ltrl ^RlEft!!.úCrúCiry - SLWD ASñcú3lE (Sllr¡