HomeMy WebLinkAboutStaff Report 03/26/2001 (27) — a
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Clerk of the Board Use Only
COUNTY OF SONOMA Meeting Date Held Until
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_ . Agenda Item No: Agenda Item No
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SUMMARY REPORT
Department: 'Sonoma'County Watet A.ency _ ( ) 4/5 Vote Required
Contact: Phone . Board Date: Deadline for Board Action: :
i I Randy D. Poole 526-5370 08-22-00 " l'
I AGENDA SHORT TITLE: 1
I Eleventh Amended Agreement forWater Supply .
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REQUESTED BOARD ACTION
Ap,prove Resolution (Attachment No 1), making,findings, directing the General Manager/Chief
Engineer to approve Eleventh Amended'Agreement for Water Supply, and giving direction to the
General Manager/Chief Engineer.
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, CURRENT FISCAL YEAR FINANCIAL IMPACT
EXPENDITURES ADO! - FUNDS REQUIRING BOARD APPROVAL
Eitimated Cost $ Contingencies $
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Amount Budgeted $ . Unanticipatea Revenue $
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Other Avail Approp $ Other Transfer(s) $
(Explain below) (Source: ) I I
Additional Requested: $ Add'I Funds Requested: S
Explanation (if required)
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prior Board Action(s): ,
12/15/98 Res. No 98:1614 approving the Water Supply and Transmission System Project
111 /17/98 Res. No 98,11423 certifying the Water Supply and Transmission System Project Final
Environmental Impact Report -
d8/28/97 Res. No 97-1126 approving the Tenth Amended Agreement for Water &ripply and
Construction of the Russiamaiver-CotairIntertie Project
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atAlternatives -, Results of Non-Approval: Implementation of the Water Supply and Transmission
Ipsystern Project may be,delayed, resulting,in future water delivery shortages. I
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Background: Water Supply-and.Transmission.Systern PrOject Environmental Irripact Report' file,withtlerk.
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The. Tenth, Amended Agreement for Water Siipply and Construction of the RltisSian River-Cc:A.0 Intertielaroject ,
(Tenth Affiended. Agreement) between the Sonoma:County Water,Agency )(Agency), and eight cities and water 11/
districts (definedbas the water contractors) was first executed in 1974 and was lastiamerided'On:November.1"71997.
The Tenth Amended Agreement provides for the financing conitrUction,ioperation,;andImaintenance of theAgencY'S
water tranSrnission(system. The water transmission system:authorized by the TenthpArtended Agreernent has the •
CaPacitylo deliver an average of 920 million gallons per daNt(rrigd) ClUring the(beak,dernanditherith..
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In 1992 theAgency's General'Manager determined water supply.iandtransiniesior .system,would? in
the foreseeable future„.no longer be adeqUate,toiServe the water contractors',future:wafer supply needs: The water
contractors requested, and the •Agenby"S Board:of Directors( (Board) 'agreedl that a new project was needed to
supplement the existing Russian RiVerIlo Octet', Intertie Project, approved in,1974: The Board directed that an •
Environmental Irribict Report.(EIR) tie prepared and work on the Water'Supply and Transmission System Project
(WSTSP) began. .At the time the WSTSP was approved,f the/Agency's General Manager/Chief'Engineer was,ialso •
directed to subh-stepS asrwer'e necessanttafinalize the proposed agreement for waterksuPPIY ineitetentially the
same form of the draft agreement that was on file with the Clerk of the Bdard. The prepoeed(agreement now known
aslbeEleyenth Amended Agreement:fix-Water Supply (Attabhirrietit.No. 2), were completed pursuant to the Board's
direction by the end of June 1999. Authorizationlo•finance,. construCt, Operate, and maintain additional water suppli
'and transmission system facilitiesldentified in the WSTSP.iS-Oeperident upon!execution of the Eleventh.Amended. • '
•Agreement for•Water Supply!(Eleventh.Amended Agreerrient).
The Eleventh Amended;-:Agreement; once exectited, would:supercede the Tenth:Amended Agreement: !It would:
becOme(effedtivetiPori execution by all the parties and would iemain in effect until June.130„)2036;Ory:)ifeny revenue
bondsere outstanding Ork•June 30;'2036, 'until SOCIttime that all revenue bonds are paid in full A summary of
Eleventh Amended Agreement including information on new facilities that would be authorized bythe Eleventh
Amended Agreement is attached as Attachment No 3.
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The Eleventh Amended Agreement willtupdate the language in the exiSfing,Water supply agreement to iiiicileinefifthe 4,
WSTSP approved by the Board in 1998 The revisions to the agreement would -reflect the :Water conservation
saVings,annual and monthly delivery limits and expansion of the water transmi&sioñ SySterii:identifieg as elements.
of the WSTSK. The Eleyenth-Ainenciegreement;would'provide authorization to.fininOe,.cciristrue4 operate, and
maintain'water(supply:and transmission,system facilities necessary topreliably, deliver-waterlo Agendy(buitomers(at
an average of 1"48:9milliongallons(per des? (ingd).duririglhe peak Month,.plUs-20 mgd orstandby.capaCity; •
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The Athended?Agreement has beerhapprOVed and executed:-by seven,of the eight water contractors: The
.. most recent approval WaejObtainedirf NoVernbiref 1999. The:Citsrof Petaluma; the only remaining water contractor
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who has not Approved the Eleventte-Amended AgreeMent, leaCtiVely consigering!epproval of the agreement at this
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time The General Manager/Chief Engineer is :requesting approval of the Eleventh Amended ,Agreement and •
authorization from the Board to execute the Eleventh Amended Agreement on behalf of- the. Agency upon its
'execution:by altother parties.
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, Continued, •
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Attachments: 1, Resolution.(F21); 2. Eleventh Amende&Agreernentifor VVaterSuribiy (A2);.3. EXthitiVe • .
Summary.oftheBieventh Amended Ag'reement for Water Supply (A3);((-4. CEQA Environmental Analysis of the .
Eleventh Amended Agreement for Supply (A4) _ • _
OnTileWith Clerk:: 1.Water Supply and Transmission System Project EnVironmental ImpactiRepatf
CLERK OF THEBOARDUSE••ONLY •
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Board Action (If other than "Requested") •
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' Background (continued),, '
Because the outcorne or the•Citytof Petaluma's decision is";uncertam, the',General Manager/Chief,Engineer is,seeking
` direction from the'Board. Specifically;;the General"Manager/Chief'Engineer is seeking direction to work with County
ounsel to prepare anew agreement (orragreements)'•for water supply between the Agency and-the other seven water •
ntractors if the City of Petalumaidoes not executetthe Eleventh Amended Agreement by September 15, 2000. This '
is'necessary to'ensure;that the other water contractors have the opportunity'
pportunit `tto'.participate in;the project described in
the WSTSP even if the City of Petaluma declines to participate: In additions some of the•water supply and
transmission facilities:included"in the WSTSP•are:needed now ''The Agency'-does not have the authority to design or
-constructthese necessary` facilities without complete execution of the;Eleventh Amended Agreement or"another,.
' equivalent agreement:, '
. A few of the water contractors,, including'the pity°of Petaluma, have indicated a desire to pursue more aggressive _
' water conservation activities than those included in'the•WSTSP and the Eleventh Amended,Agreement. Agency staff _
agrees,with`this concept and!recommends:the,Boards direct the General Manager/Chief Engineer to work with the cities
• and water districts served by the Agency,;to evaluate opportunities for, the cities and water districts to develop and _
implement mandatory water conservation.activitiesi As part of,thisi.task the General Manager%Chief Engineer would
like to develop for-Board consideration'one or'more'.consultantcontracts+to obtain outside expertise and assistance to
perform this type of evaluation'ifoutside a'ssistarice IS deemed necessary,. .
The General`Manager/ Chief.Mana / Engineer would also like to work with the cities.and water districts on one other issue. As . ._
part of this Board item, the'General Manager/Chief=Engineer is requesting the Board direct'him:to-work with the cities
and water districts served by the-Agency'to evaluate potential',regional water demands identified since the.iWSTSP
was developed. -
Califomia,Environmental Quality Actt(CEQAICompliance .
The environmental impacts that could result from the revisions proposed `under the Eleventh.Amended Agreement
were all analyzed in the WSTSP EIR: The WSTSP EIR was certified by:the Agency's Board of Directors on
November 17, 1998; by-Resolution 98-1423, and the project:.was approvediornDecetnber 15, 1998,,by Resolution No
98-1614. Agency;staff.,has prepared an Environmental Analysis (Attachment Noy 4)'to evaluate whether a subsequent
M' r.supplernental.EIR is required'`pursuant,to CEQA The,EnvironmentalAnalysis concluded that because the Eleventh
mended Agreement simply implements and does,not change,the previously approved WSTSP, no,new significant
environmental'effects or substantially more severereffects than those'previously describedti in;the.WSTSP EIR would 3
- , occur. Therefore, a subsequentor supplemental EIR,tor other environmental document is not required pursuant to :
CEQA prior to proceeding with'theEleventh Ameri edykgreement " '
Requested Actions . . ,
The attached Resolution would .
1. Determine that-a.subsequent or suppleriiental environmental,document'"is•not required pursuant to CEQA for -
the Eleventh Amended Agreement., •
pp Amended Agreement. • i
2. Provide Board approval Eleventh •
3: Direct and authorize the General:Manager/Chief'Engineer to execute the Eleventh;Amended Agreement upon
its execution;by:all other parties:
' 4. Direct-the General'Manager/Chief Engineer to work.with;County:Counsel to_prepare,new agreement(s)'forwater
supply if all other,parties'have;not'executed the Eleventh Amended Agreement:by September-15,,2000.
5. Direct the General Manager/Chief,Engineer to.work with the citiesaand;water districts served'by the Agency to
evaluate opportunities for the cities and water districts' to develop and implement mandatory water
conservation actrodies:,
6. Direct the General Manager/Chief.Engineerto develop forBoard.consideration consultant contract(s)ito obtain
outside_expertise-and assistance;to'evaluate mandatory water conservation activities:'as necessary. 'Is •
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7. Direct the General Manager/Chief's Engineer to work with the:cities+and'water•districts served by the Agency to
evaluate potential.regional water.demands'identified'''since the WSTSP was developed:
It is the;General Manager/Chief]Engmeer'sPintent to'return tothe•Board.every••six months to communicate the,status of
. .40ne Agency's work with the cities:anclWaterdistrictSserved by the Agencyas directed under items'4 through 7,, above.
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ELEVENTH AMENDED AGREEMENT FOR. WATER SUPPLY
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22 SONOMA COUNT;Y' WATER' AGENCY -
CITY OF COTATI - -
24 CSTY' OF PETALUMA -
25 CITY 'OF ROHNERT PARR'
26 CITY, OF `SANTA ROSA
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27 • CITY OF ;`SONOMA •
28 FORESTVILLE WATER DISTRICT ' --
29 NORTH,MARIN'WATER DISTRICT' ••
30 - VALLEY OF THE MOON. WATER DISTRICT:
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I ELEVENTH 'AMENDED AGREEMENT FOR WATER SUPPLY
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6 -TABLE OF CONTENTS.
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8 Section, Title, Page
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it . , PART I - GENERAL' .
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13 1. 1 Definitions. - _ ' 1
14 1,2 Recital. of Purposes . 6
15 4 1, 3 Term. o:f Agreement: - . 7
16 1. 4 Previous Agreement !Superseded 7
17 a .1 . 5 Enforcement: 7 -
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18 4 1. 6 Amendments 7
.19 ! 1. 7 Pledge of: Revenues 8
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20 ' 1. 8 BOoksvRe&Ords Ana Accounts r !'. ! • • -- 't .-, -9 .
21 I 1. 9 Water Contractors ' Duty to Provide Funds . ' 9 )
22 ; 1. 10 Severability .., 10 '
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23 1. 11 Third Party Beneficiaries 10_
24 ' 1. 12 Water Conservation Reguirehents 10 1 4
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110 PART 2 - ACQUISITION, CONSTRUCTION, OPERATION, AND MAINTENANCE;.
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30 ' 2, 1 Financing Additions to the .-- . - - t • - .
31 - Existing Transmission SYstem 11
32 2 . 2 Scheduling of- Additione And RePlaceMentS
33 ' . .. - to the Existing Transmission Systen. : . 11
- 34 2 . 3! Further Modifications to the Transmission' System _ 12 .
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- 35 - 2 .4 Potter Valley Project 13 I
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36 . 2 . 5 Water ConServatiOn Measures
37 ' 2 . 6 Operation and Maintenance 13 !
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AO : PART 3 - WATER. 'SUPPLY
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412 ! 3 :1 - Delivery Entitlements of Water' Contractors 14
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43 ; 3 .2 Conditions 'on Other Agency Customer Deliveries 15
44 3, 3 Deliveries in Excess of Entitlements 16 '
45 ' 3 . 4. SurplUS Water 17 I
46 3 . 5 Shortage of Water and Apportionment 17
47 .3 . 6 Fire, Fighting,Service 20
48 3 . 7 Quality, of Water ' 20
49 3 :8 Points of Delivery- 20 '
50 ' 3 . 9 Risk of Loss and Responsibility 21 1
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51 : 3- I0 Place of Use of Water DeriVeredto. North Marin 21 I .
kik ' 3_ 11 Measurement 21 1
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WI : 3 Pi 12 Marin Iblunici.pa)_ Water Deliveries 21 1 -
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PART 4 - 'CHARGES AND PAYMENta
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, .. 4 . 1 Separate Charges and 'Funds _
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• 4 . 2 Operation and •Maintenance .Charge 23 •
4 . 3 Santa- Rosa Aqueduct Capital Charge 24 .
4 .A Forestville Aqueduct Capital Charge 25
0 4 . 5 Sobdma Aqueduct Capital Charge. 26
1 4 . 6 Petaluma Aqueduct Capital Charge 27
.2 4 . 7 Allocation. of Capital Costs to North Mann _ 28
3 4 . 8 Remaining Facility, Additional Facility and
4 Replacement Facility Capital Cost Payments 1
5 by NOrth Marin . . 29
'.6 4 . 9 Payment of Remaining Facilities, Additional
_7 Facilities, Replacement, Facilities' and Potter 1
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' .8 Valley Project Capital Costs - ' - 30
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4 . 10 Aqueduct Revenue Bonds Charges _
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?0 ' 4 . 11:Storage Facilities Revenue Bonds Charge '- - - - . P3, - -
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-.31 4 . 12 'CoMincn Facilities :Revenue Bond's Charge 34 .
'2 • 4 . 13 North Marin Revenue Bonds Charge .. ' 35
23 4 . 14. power •Revenues . • ' • , 36
14 4. 15 ;Payment: fOr 'Surplus Water and-Watei- Scld
15 . to Mann Municipal . - 3
26 4 . 16 'Minimum' PaiRepts by Other Agency Customers ' 37
27 , 4 -17 Payment of RUsian River Conservation Charge
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and Russian River Projects Charge by North Mann 37
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32 .PART 5 - WATER ADVISORY COMMITTEE
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36 5 .3 Compoaition , 4[0
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ELEVENTH AMENDED D' AGREEMENT :FOR; WATER SUPPLY . .
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9 THIS AGREEMENT' is; made on by and •between
10 the following ,public entities:
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12 SONOMA' COUNTY WATER AGENCY, herein called "Agency" ;
13 ', CITY OF COTATI, h'erein;.called "Cotat '", - •
14, , CITY OF PETALUMA., herein .called "Petaluma" , '
15 CITY OF ROHNERT PARK, herein called "Rohnert Park" ,
16,_ CITY OF SANTA ROSA, ;herein called. "Santa Rosa" ,
17 . t CITY OF SONOMA,. herein called, "Sonoma",, I
18. ' FORESTVILLE WATER DISTRICT, herein called '!Forestville" I
19 I. NORTH 'MARIN WATER DISTRICT'; herein called'' "North Marin" i-
20 and VALLEY OF.--THE-MOON. WATER DISTRICT, h"erein .called "Valley ,
21 of the Moon!'
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23 The .parties. hereto hereby mutually :covenant and agree
24 . as follows •
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PART 1 - GENERAL
! 1. 1 !Definitions
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30 ' When used he rein unless otherwise distinctly expressed of
31 manifestly incompatible withthe. intent',of this A reement the
321. i terms' ;I ,
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^ 34 ; (a) "acre feet!'• and "AF" mean one; acre foot or 325 , 850 gallons
'35 ' of water. "AFA" means an acre-foot 'per, 'annum: .
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37 r (b) "aqueduct facilities!'' means the pipelines of the 'I •
38 Forestville, Intertie;; Petaluma, Santa Rosa and Sonoma Aqueducts,
39 , an additional pipeline to be constructed ;generally paralleling
40. ; the `.Intertie Aqueduct, 4a pi;peline, to bed constructed. generally
41. paralleling the south part of, the Petal-lima Aqueduct,`from the
•42 ' Intertie 'Aqueduct .to Kastania Reservoir and a pipeline to be 1
43' constructed or acquired generally .paralleling, the: Sonate
44 Aqueduct. - -
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46 : ' (c), "capital cost°: means the total funds expended. for .capitall
47 improgements, major replacements; or portions thereof„ -as context
48 ! requires, including engineering; right of way, financial fees, ,
4'9 interest during construct=ion,, and materials, construction and .I.
50 replacement costs.
iiik (d) "common facilities"' -means' All Tr-ansmission• Systet facilities
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except Storage facilities and ,equeduct facilities, but including
additional facility aqueduct capacity constructed specifically to lip
make the deliveries that have been_ euthorized by section 3 . 12,
and including the Potter Valley Project or portion thereof
acquired pursuant to section 2 .4,
(e) "corporate territory" means the boundary from time to time -
existent of 'a city, 'agency, district or other governmental entity
. with POWereto accept and distribute water.
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3. '(f) "additional facilities" means the additional facilities that
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2: 4 ,- must be cbnetructed .oracquired after the completion of the
3 'Russian .RiVel-Cdtati Intertie in order for the Agency to be able
1 to satisfy its delivery obligations under sections 3 .A and 3 .;2,, •
5 and to make the deliveries authorized pursuant to section 3% 12 ,
5 incIlidifig but not limited to an aqueduct generally paralleling
3. ... the Intertie AqUeduct; an aqueauettenetally paralleling the -
3 south part of the Petaluma- Aqueduct främ -the Intertie Aqueduct to
9 / Kat•tania Reservoi ; an aqueduct generally paralleling the Sonoma
0 ' ':: Aqueduct, an, aquedubt .connedting'theRawana ariarlqs AfldF4,14)44ne
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.1 ::: reservoirs, transmission line pumping prants, necessary to -. ,
'2 regulate floWeto itoragefaailitiee;. 155c5 -million' galidneof
3 reservoir storage, 56.0 mgdof RuesiarT, RIVet-Water 'prodUatibil
A capacity, Water-treathent- facilities, and emergency wellsy
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_ .6 . 44) . "fiscal year" (abbreviated FY) means the period from July 1
27 _ . through the following June ,30. . .
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:9 (h) mTorestville Aqueduct" means the existing pipeline from the
'10 Santa Rosa Aqueduct to Forestville, the existing bocieter, pumping - -
11 plant, the exiting 300, 000-gallon reservoir, and all other
12 facilities financed with the proceeds of the sale of, Series, Eof'
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33 ' the Agency' s .1.955 'Bands. - .._ • . ,
35 - . (i) "Intertie Aqueduct" means the existing 48-inch inside -,
36 diameter pipeline extending from theMirahel, Park intake
37 jacilitieS on the Russian River to the Petaluma Aqueduct in the
38 vicinity of Cotati with appurtenances thereto including turnouts
39 to derVejjorestyille, Santa Rosa, Cotati and Rohnett 'Park. The
10 Intertie Aqueduct consists of three reaches: "reach a" frOMithe
11 ' -Mirabel intake facilities :to :Forestville?. "reach from . .
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121 Forestville to the extension of Hall Road and hreach, -3." froM,the
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13 : extension of Hall Road tb,the .junCtidn 'with the. Petaluma Aqueduct
44 at Cotati: Reach ,g is further divided into "reach 3am from the
15- extension of Hall Road to Occidental Road, "reach 3bP from
46 Occidental Road to the Cotati reservoirs and "reach 3cm' from the
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17 Cotati reservoirs to the*Petaluma- Aqueduct.
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19 (,j ) PMarin Municipal" means the. Marin Mdnicipal Water District ,
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31 (k) "Tager means a million gallons of water per day-
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1 Alki (1). "1955_ Bonds meansthe€Agency' s 1955: Water Transmission
2 IIP: System Bonds authorized by the voters of the Agency .(then named -
3 Sonoma County Flood COntroliand Water Conservation District) at e.
4:.. special election held May X") i 1955, in the amount of $8 , 500, 000 .
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6 . (m) - "operation and maintenance costs" :means the Agency' s costs
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of operating theTransTjlesionistem including its power costs,
costs, of maintaining the System in a good state of repair,
payments made to the owner of the Potter Valley Project to insure -
10 the continued :operation- of the Project provided they are annually-
'11 approved by the Water Advisory Committee, regardless of whether
12 or not such payments result in the ultimate transfer of title to
1.7 • . all or part of the- PrOjeCt. to. the .AgencyrHand--costs of
,14 , administering- the System and furnishing the water supplies
15 pursuant to this agreement. • .
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,17 (n) "Ordinance No. 1" means Ordinance No.. 1, of the Agency I
1.8 ' adopted on December 28 , 1910„ , provicling for thetissuanceof the 1
19 Revenue Bands,- together With any other ordinances of the Agency -1
20 supplemental thereto or amendatory thereat., . • - - - - ' . .
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22 ! (o) "other Agency customers'!" means the Agency, the County of
23 , , Sonoma, ,Larkfield Water :COmpany, . LawndeleMUtUel Water Company, J. .
: 24 • *, Kenwood'Village Water CoMPany, Penngrove Water Company, City of
75 Sebastopol, Windsor Water District and Occidental Community
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2 • Services District.
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(p) "Petaluma. Aqueduct"; means the existing pipeline from the t-
29 Santa Rosa Aqueduct to Petaluma, the second. six-million gallon
30 i reservoir at the Raliphihe Tank farMand all other facilities
31 financed with the -proceeds of the sale of Series-, D and G of the t • .
3_2 Agency's 1955, KOnds. The "south part" of the Petaluma' Aqueduct
33 ' means the portion thereof 'south of the' thereof with, , _ ..—
34 . Intertle Aqueduct- and the "north part" ',Means the portion north of
35 • said junction.
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37 (q) "Potter Valley Project" means- Federal :Energy Regulatory I .
38 Commission Project. No. • 77 .
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40 - ' (r); "'regular customers" of the Agency means: the water .
41 . contractors and the 'other Agency ,custbmerS.-
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43 (s) • "remaining ;facilities" means those .portione- orthe Russian
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44 River-Cotati Intertie authorized to be constructed or acquired by
45 the Tenth Amended Agreement For Water sprily and Construction of•
46 the Russian River-Cotati Iitertie. Projecti dated November 14,
47 1997, which have not been constructed bi- acquired; on the .' ; •
48 effective date of this agreement, including, but not limited to,
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49 20 mgd of standby pump and collector capacity, the Kawana Springs
50 Reservoir No li Kawana pumping(Tlant .and .associated Kawana I. 4
,51 , reservoir pipeline, inClUdig- papacitTin the City of Santa .i
5410 ' •Rosais ;West Transmision :Main'; and.":the,,OakMOnt:pipeline. I ,•, .
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(t) "Revenue BOnd obligation means the payment of principal of
and interest on the Revenue Bonds apd all other obligations and
covenants of the Agency with respect to the Revenue. Bonds ..
contained in Ordinance No 1 and in the Subordinated Bond
Ordinance, _ inclUding- Specifically any covenant:to establish and
: . maintain rates and charges to provide revenue -coverage in excess
ofa specified amountas established by an otdinahce of the
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Agency supplemental to or amendatory of Ordinance No 1 or by the
Subordinated ',Bond Ordinance or an ordinance or resolution of the
0 Agency supplemental to or amendatory of the Subordinated Bond
.1 Ordihante. '. . . .
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3 (u) "Revenue Bonds" means all series or issues, of the Agencyls. .
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!.4 1971 Water Revenue Bonds issued pursuant to Ordinance No 1 to
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finance the Russian River-Cotati Intertie/ and all adries or
6 issues of the Agency' s Subordinated Revenue Bonds subordinated to
1.7 . the Agency!.s197,1 Mater Revenue and issued pursuant to, the
L8 .Subordinated Bond .Ordinance.
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?0 (v) ."Russian River Conservation Charge". means the charge -
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21 estahlishedin: subsectiOn- (a) of section 4. 17 .af this agreement.
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23 . (w)- "Russian River-Cotati, Intertie" meeris, the Intettie AqUedutt'
24c and asSobiatedrintakatacilities. an,the Russian; River, ,Inciuding'
25 the diversion dam,- intake works, infiltration4:pondSycdllehtors,,
26 water treatment ',facilities, ;groundwater wells having 'a minimum
27 . production capacity of 7 mgd, a Russian River water quality early
28 warning system,: pumps, telemetry equipment ancUreletedbuildings
29 and appurtenances, and associated. storage facilities'. •
. . .
30 ,
31 . (x) . "Russian River customer-a" means all ctatomers, within., Sonoma
,
32 county who have or in. the,-future will have contracts with the . . ..
33 ' AgenbY "to "-divertor redivert -water-directly from the -RUSsien
34 .: Riven Ot .Dry- oreek- without the use of the Transmission syStat.
_
35
36 (y) "Russian River Project" means 'Coyote Valley Dam/Lake
_ .
37 Mendocino on the Russian River and Warm Springs Dam/Lake Sonoma
38 on Dry Creek
39.
40 (z) "Russian River Projects Charge" means the charge established
41 in subsection (b) of section 4. 17. _
42 - .
. .
43 (aa) "RuSsian121yer_ Projects Fund" means the fund established
44 by the Agency to pay or :partially :pay for (1) carrying out the .
45 Agency.Ls coyote Valley Dam Project and Warm Springs Zam, Projedt"
46 channel-stabilization works obligations to the 'United States
47 Government and the State of California under Agendy Board of
48 Directors Resolutions No. 6847 adopted May 24 , 1955, No. 7798 .
_ •
49 adopted September 27 , 1955 , No.-DR0079Sr1 adopted September 25 ,
50 1961 and Retolution. No DR684,85eadPted December 231. 19804 (2)
51 securing and defending appropriative water ,rights which rate -
. All
52 netees-ary for the realization of.the full. benefits of" the :coyote
Mr
,
- A27
- . 1
_ I
am
l ¶ Valley Dam and Warm ,Springs Dam Projects; (3) the Agency ' s share
'2 �; of the United States' Government' s investment; operation and
1 maintenance, and, major replacement costs associated with the "
4 Coyote Valley .Dam and Warm'_Springs' ,Dam Projects,; '(41 the
5 acquisition of all or 'part of- the Potter Valley, Project or
6 _ contributions. made to :the• Project owner "t.o insure• the' 'continued
7 operation of• all or part ,ef the Project; and (5) 'fishery
8 mitigation and ;enhancement projectsundertaken ,by the Agency in
9 the Russian River and, Eel,River and their tributaries.
10
11 (bb) "Santa Rosa Aqueduct" ;means the existing two collectors,
, 12 intake works, pumping plant and appurtenances .at Wohler on the
13 : Russian River,. the existing '.p•ipeline therefrom to .the Ralphine
,14 Tank farm, the first 'six-million gallon reservoir at the ,Ralphine
' :i5 ' Tank farm and all other facil-ities ,financed With the proceeds of
16 the sale of Series A, B and, C 'of the Agency's 1955 Bonds.
17 -
13: .(ca) "5onoma Aqueduct!' means the existing fr- the
19 Ralphine reservoirs to Sonoma, the existing pumping plants , three
20 existing reservoirs .totaling `six ,and one=half million gallons, „ '
21 and all other ;facilities financed with the_ proceeds of the sale
22 of Series F of the Agency'' s -1955 .Bonds. The :Sonoma Aqueduct ,
23 consists of, two reaches; "reach 1" from the Ralphine reservoirs
24 to Pythian; Road and "reach 2" from,.Pythian Road to the Sonoma 1
' 25 - reservoirs. I
(dd) "storage facilities" means all reservoirs on the
• 2 Transmission System, the pipeline connecting the Kawana Springs;'
29 Reservoirs with the. Intertle Aqueduct, the pipeline connecting I
• 30 the Kawana Springs and Ralphine .reservoirs, "the pipeline
31 connecting; the Kastania reservoir with the .Petaluma Aqueduct and
•32' transmission line pumping plants necessary to regulate flows to
33 storage facilities. -
34 - '
35 (eel "Subordinated Bond Ordinance" means. an ordinance', of the • 9
36 • Agency adopted on April 20, 1982, providing for the issuance of
37 the Subordinated -Revenue-Bongs of the Agency, together with any
38 other ordinances -or resolutions of the Agency supplemental
39 y thereto or amendatory thereof .;
40 -
41 1 (;ff.) "Subordinated -Revenue• Bonds" means all series. or issues of
42 ; revenue bonds of then Agency subordinated to the Agency's 1971
43 Water Revenue Bonds and issued pursuant to the Subordinated Bond
44 , Ordinance, together .,w;ith any other ordinances or resolutions of
45 the Agency supplemental thereto or amendatory thereof.
46
47 (gg) "surplus water" has the Meaning ,defined. in subsection (a)�
48 of section 3. 4 •of this,'agreement.;
49
50 (hh) "Transmission 4System" •means the.,Agency' s existing water '
51 production, 'storage, 'treatment and transmission facilities,
including but not limited. to the Santa Rosa; Petaluma., .Sonoma Ind
A2-8 ,
i
. :
•
• •
t?1,
Forestville Aqueducts, the ;Russian RiKerCotati Intrtie,
2 emergency wells, the Warm springs Hydroelectric Project, fUtdre-
3 water production, storage, treatment and transmission faciIitie6
to be constrUctedipurSuant:to this- agreement, and a new aqueduct
5 to be constrUcted., generaljY paralleling the portion of, the
5 Petaluma Aqueduct that extends from the Ery Pumping Plant to
7 Kastania Reseryoin,
•
9 (ii) "Trustee" means the Trustee or Trustees for the Agency and
10 the holders of the RevenpsBondS appointed pursuant to Ordinance
11 No 1 and the Subordinated Bond Ordinance and any successor
12 Trustee or Trustees.
13
14 (j1), "Warm Springs 'Dam Project" means that certain project
15 atithanize& for the Russian River, Dry Creek, California:, hy ,the
16 Flood Control Act of 1961, enacted October 23 , 1962 (Public Law
17 874 ; 87th Congress) .
18
.
19 . (kk) '"Wanth Springs Hydroelectric Project". meancFederal Energy.
20 . . Regulatory COMMidiori ,PrOject No 3351.
21
22 (11) "Water Advisory Committee" means the advisory ComMittee,
23 established, in Part 5 of this agreement.
24
25 (mm ) "water contractors" means all the parties signatory to this
26 agreement except the Agency. _ 4111k
27
28 1.2 Recital di Purposes
29 - •
30 Among the purposes of this agreement are to'PrOVide- e Water'
31 supply or:a, supPleiental water supply for each of the water:
32 contractors and to provide for payment to the Agency for water
33 delivered hereunder sufficient to: enable. .it to pay the capital
• 34 'costs of major replacements and additions to the Transmission - -
35 Sytem and to meet its ;obligati:Ong, on its 1955 Bonds and Revenue
36 Bonds and its expenses of operating and maintaining the
37 Transmission Sy-Stem.
38
39
, • ... . •
•
_
• 411
4279
1. 3 Term of Agreement .
become effective upon it"s ;execution -by
5 all !parties hRd-Venue,o and, shall remain in effect until June 30,,
This agreement shall
2036 , , y Bond"s ,are outstanding on June 3:0 , 2036,
5 t until such date as, all Revenue Bonds shall have been paid in full
7 and all obligations of .he Agency under Ordinance No 1 and the
8 Subordinated Bond Ordinance shall have been •discharged. The 1
9 Agency shall enter into -renewal agreements' for periods not to i -
10 exceed forty years each with any or all "of "the water; 'contractors
11. • requesting the; same for water supplies: within the delivery •
12 capabilities- of the' Agency,' s Transmission System,' at a 'cost no .
- 13- greater than the, Agency'•s' operation and maintenance costs and ''
14 unreimbursed capital costs allocated onia proportionate use
15 ' basis, it being understood that such renewal agreements shall
16 , provide for entitlements to ,the quantities of delivery to each
1.7 customer as set forth herein. . . m. .
18
19 - 1•. 4 Previous: Agreement Superseded' '
2-0 _ -
21 The Tenth Amended Agreement for Water Supply an I
22 Construction of. Russian River Cotati Intertie 'Project, dated
23 November :.14 ,. 1997; ;between the Agency and the water contractors, ..:
24 is terminated as of the effective date of this agreement and
25 superseded by 1this agreement...
1. 5 Enforcement.
29 obligations, of any water contractor to perform s
31 from performinYetheir obligations,hereunderrnorlexcuse, theaAgen '
performing g g �cY
32_ from performin its obli ations hereunder to said remaining'
:33 contractors.. Each !and al-i of the provisions of this agreement.
- 34 shall' be enforceable: by action-brought.by anyparty- hereto ford
35. specific performance ,or• any, other' appropriate-action at law for'
36 damages or in equity' for other appropr iate relief to the end that
37 no party hereto shall suffer from the,default of any other party.
38 Nothing in this agreement ehall—prec`lude ,any,. -water contractor 1
39 from seeking ,unilateral redress under the law from the Agency, or
40 any other party-, agency customer, or entity. Any owner 'or holder
41 , of" Revenue Bonds may also enfcrce any provision 'of this agreement
. 42 • inuring-to the benefit of- the hblders of .the `Revenue Bonds . .
43
44 1. 6 Amendments,
45 ' -
46 Except asi hereafter provided, `this; agreement, may:be amended
47 only with 'th'e consent, of all the ;part es hereto. If, such.
48 ; amendme_nt >reduces the- revenues to be received 'by the-Agency or1
49 otherwise impairs the. ability of the Agency -to meet. its Revenue
50 Bond obliga'tions,,, then it shall. be amended. only with the consent
.
51 of the Trustee., The' Trustee -shall give,' such consent if the
• Trustee .detei^mines that,following such, ahendment, the water
AT=10
e x
. ., dl�,
•
a;, ,
• .
'
1 contractors will be obligated •under this agreement to make
III
2 payments to the Agency sufficient to enable the Agency to Pay
3 Prindipal, of and interest on the Revenue Bond-eta11d to meet all
4 its other Revenue 'Bond obligations: In making such
5 determination, the Trustee may rely upon such certificates or
_
6 opinions from qualified attorneys, engineers or accountants as
7 the Trustee may deem neceseaZT and obtain from the Agency Any
-
.
8 annual delivery limit contained in section S.I may be Modified by
9 written agreement between the .Ageneyand the water contactor tb
10 which such annual :delivery limit applies without the dOnsentof
- -
11 the other parties to this agreement for the pdrpose of conforming
:
12 such annual delivery llmits to a, genera-I :plan Which ie :applicable
13 to the service eree of- such- water dontractor. Copiea-Of.-aMy such '
'if written agreement- shall be provided to all the parties to this
' 15 agreement. '
16
17 1. 7 Pledge of Revenues, .
. .
18 , - .
19 :- Each party hereto acknowledges that anything rherein- ta,tbe
210 contrary notwithetandingelleUte-paid to the Agency pursuant to
21 thikagreament, except the payments and credits set forth in
22 section 4.8 and payments of the Russian Rivet gbhserVatiOn Charge
23 and Russian River Projects Charge made pursuant to sections '4,15
,
24 and l: ig. ,, are "Revenues of the Water System" of the Agency as
25 definadrfn Ordinance No 1 and the Subordinated Bond Ordinance
26, andarepledged to the payment of the Agency ' s ReVanUe Bond
27 - obllgatiOns. All said sums shall be received, allocated and paid 410
.
,
28 ' out ut to Ordinance No 1 and the Subordinated Bond
p rsuan .
29, 1 Ordinance. The Agency will, at least annually, so long as
• 30 .Revenue Bonde: Areoutstanding-and no Subordinated Reyeque- OOnds
31 are outstanding, request the Trustee: under Ordinance No 1 to
:
32 withdraw from the Agency Fund established pursuant to 'section
- ,-
43 -- 5 . 02 of Ordinance No. 1, ill.moniee. in' said Agenej: Fund and the
.
34 Agency sheILbailee saidmonies: to be held in a special account b '
'
35 the County Treasurer of Sonoma 'County, to be accounted for,
36 allocated and paid out as set forth in this agreement> The '
37 Agency will, at least annually, so long as Subordinated' Revenue-
.....,_ . .
38 Bonds are outstanding, request the Trustee under, the Subofdinated
39 Bondordinanoe to withdraw from the Subordinated AgendyfUnd
40 established pursuant to Article V of the Subordinated Bond
_,.
41 Ordinance all monies in said Subordinated' Agency -Fund and the _.
42 Agency Still cause said monies to be held in a special account by
43 the County Treasurer of Sonomecounty to be accounted for,
44 allocated and paid' out- as set forth in this agreement. Included
45 in revenues subject to Ordinance No. 1 and to the Subordinated
. . . , .
46 Bond ordinance are or may be funds for the payment of general
47 obligation bonds of the Agency or for the ,payMentiof- any other
48. obligations of the Agency for which the Agency is authorized to '
49 levy a. tax: The water contractors understand that the failure of
50 'sufficient monies to be deposited in either of Said :Special:
51 accountsmay .regU4re the Agency to levy taxes to pay such general
,
52 obligation bond c9Pts and other. such obligations ; All references', III/
. .
A2,11
' • . _
.-...
. .
1 Amv in this . agreement to 'the accounting for, allocating, paying, and
•2 MI crediting of monies are subj,ect'to the priority imposed by
3 Ordinance No l and :by the Subordinated Bond Ordinance on all of
4 said revenues,.
5 - . •
' 6 The parties hereto 'recognize; that the' Revenue Bonds are to
7 ' be paid . from revenues; as provided. herein, and that it is the
8 intention of the parties that the charges set• forth herein will 1
9 be sufficient to pay• -the Revenue ;.Bonds and to meet the Revenue 1
10 Bond obligations •not met from other sources of -funds. The water)
'11 contractors, , therefore, . agree to pay promptly such charges r
, 12 notwithstanding' any deficiency in the quantity or quality of I
' 13 water to: which they or: eny of`them 'would 'be entitled pursuant tai
14 this agreement. The provisions of this agreement are 'made for ,
15 the benefit of the owners. and holders4from• time to time of the
16 Revenue Bond's, and may be enforced by or on behalf of any such ``
17 ' .owner .=or :holder.
18 I .
19 1. 8 Books;-R'ecords._ and Accounts • •
a 120 - _ I
- 21 The `Agency shall keep or cause to be `kept, proper books, {
22 records and accounts in: Which complete and accurate entries shall
23 • -be -made of al l. monies received ,from' all entities, • including the
. ,24 • Agency ' s regular customers, and of the money, in the ,specia l.
25 account. held_ ,by the Countyt'•Treasures of Sonoma +County referred to
2' in section 1.7 and -of the basis for and application .:o f said -
2 money. Said books, records and accounts will be available during
28 normal .business hours tor ;inspection by •the. water contractors or.
.29 H their authorized;,representatives. The ,Ag,ency will transmit to I
30 ' the water contractors two reports each year of the receipts and ; _
31 expenditures of the -Transmission System: The .first.. report will
32 be issued no later ,than February 1 and shall, be accompanied .by• a . _
33 _ preliminary budget for the following fiscal year, and will `show ;
34 expenditures .for the ifrst half of•the fiscal .•year together with
35 estimated year-end 'expenditures and estimated, expenditures for 1
36 the following fiscal year The secondrepdrt will be issued after
37 the end of each fiscal year and will contain a budgetary
'33 • accounting of TransmJ!sSiPfl System expenditures:,- revenues and a.
39 balances for the fiscal year-:. Each:. month• the. Agency shall supply
40 ' each water contractor with e summary showing the amount, of water
41 delivered during the ;preceding month to each regular c
i ustomer and .
. ,4'2 each customer receiving surplus water.
'. .43 _
44 1.9 Water Contractors ' D'uty'' ta Provide' Funds
45' .
. 46 Each water"contra'ctor shall use any, •and, al_l means legally
47 • available• to it_.(incuding, without limitation, the enactment and
48'. maintenance in effect ,of legislation establishing fees, tolls,
49' rates and charges .pertaining to the operation .of its water 1
50 distribution system), so ss to produce monies, sufficient in amount
to meet the monetary obligations incurred by "it` pursuant to• this
agreement and to enable it to maintain its water distribution
A2=12
• , . ,
. .
. . - .
system. in goOdWorking order:
• .
1 . 10 BeyerabilitY - .
_ -
I-f any one or more sections, provisions, promiSes or
)
conditions of this agreement is declared void or voidable for any
reason by :a final judgement or Order of a court of dOrpetent .
jurisdiction, it is hereby declared to be the intention of each
) party and agreed that each and all of the other sections ,
10- provisione, ,promiaes and cCndition's of this agreement shall be
Li and remain in full force and effect. - _ . •
1:2 .
13 1. 11 Third Party _Beneficiaries
14
15 Except for the holders of the 1955 Bonds, the RevdnueBonds , -.
16 and therSUbordinated Revenue Bonds, no third party beneficiaries
17 are intended or established by this agreement.
18 . _. • :
- 19 1. 12 Water“Oonservation ReCiii±ements
. _
2.0 - • . - ' 0. ' ,
21 The W4terCOntractons , and with respect to other Agency
22 customers, the Agency, shall as a -Minimum implement or use their
• 23 best efforts to secure the implementation of , Urban:water
„ . .
. _
' 24 conservation best, management practices es:the: same-may be
•,,
25. eStabliahed by the California Urban Water Council., or shall
.....
28 imPlement or use their best efforts to secure the implementation
27 . of alternative' water conservation measures that secure at Ieaet, 410
28 the same leVel Of water savings. The Water Contractors, and With
_,
29 respect to other Agency customers, the Agency, shall implement Cr
30 use their best efforts bybeOurs the implementation of any water
31 conservation requirements tha'E' maY be added as terms or
32 conditions of the Agency s aPRrcpriative water rights permits or'
33 licenses, or with- Which tht Agency, must •Comply wider' comptilsion • -
. ., , .... _
. 34 , ' of regulation or law.' iShould the water. Advisory CoMMittee,
-35 determine and so notify any water contract-Or that its efforts to -
36 achieve compliance- with the water conaervation, pradticesrequirqd
37 by this section are unsatisfactory, then Such contractor shall
38 bring its waterCansetvation "program into compliance within six
39 months, after such nCtide, or within such additional. time as may .
4b be granted by the Water 'Advisory COMMittet% Should such water.
• 41 _ contractor1e noncompliance as determined by the- Water Advisory
42 Committee continue for six- months; after such notice of
. . .
43 noncompliance,, or .beyond such additional time as may be granted
44 by the-Water Advisory Committee, then the water contractor shall,
45 thereafter pay _asurcharge on all water delivered by the Agency
-. , _.
46 'pursuant to this agreement equal to ten percent of the Operation
47 and Maintenance Charge until the Water. Advisory Committee '
48 deterMinee . that such water contractor' is in cOmpIiande. The •
.
49 proceeds of any sutchargepaid pursuant to' this section shall be ,
50 deposited and paid out in the eame' Manner as the proceeds- of -the.'
51 Operation and Maintenance tharge.
. .
• .
A2-1y _
. .
.
1 - PART 2 ACQUISITION.:Al UISITION.; CONSTRUCTION, OPERATION AND MAINTENANCE
3 2 . 1 ' Financing) Additions to. the Existing Transmission System
4.
5
The Agency will, Subject to all applicable limitations
.6' specified in this . agreement and all applicable legal and
'7 regulatory limitations , finance additions,to the existing d ••
8 Transmission System with, cash available pursuant to sections 3 . 61,
9 4. 2 , "4. 10, 4 .1.1;, 4.-16, 'payments made by Marin 'Municipal pursuant,
10' to ,section 4 .;15, payments made 'by North Martin pursuant to section
11 4 .,8 and 4 . 13 , any state, federal or- other grants' which' may become
12 available, and,. 'f' the "Agency decides t'o: issue new series or ,,
13 issues of Revenue Bonds, proceeds from 'the sale ,of Revenue
14 Bonds.
15 - . -
15 2 . 2 Scheduling of' Add"it ions end Replacements. to the Existing .
17 Transmissieri System, -
• :18 .
719 . _ _,. subject ' to the availability" of suf=ficient "cash or proceeds - .
20 from- the..sale of Revenue Bonds (if the :Agency .decides to issue . j
21 new series or issues of 'Revenue Bonds) and any state, -federal or
22 other grants which may become available, and- subject to all
2.3 applicable limitations aspecified in thins. agreement, • the Agency -
24 • will (1)p construct or acquire ad'ditions .to the:existing
25 Transmission System sufficient to meet the delivery entitlements
• 2 ' set forth in section - . 1 and .2 at such times as may
28 ' , contractors such entitlements at- the time• that each contractor ���
2 necessary to enable it to reliabl- deliver to each. of the water
29 shall require the same, and to' make the deliveries authorized I
30 ' pursuant "toy section 3:..12 , provided-, however•,' that 'no: contract` •' - -""
31 shall 'be awarded by -the Agency for the ,constr-uction of the
32 t . aqueduct gener-al'ly paralleling the• Sonoma Aqueduct without the -
23. prior;'written consent Of Valley" of 'the.,Moon ,and' Sonoma', ' (2)' 1
34 construct additional, Russian River water°;p`roduct'ion facilities -
35 (up to a total capacity of 168 . 9 mgd) so that the total water 1
36 production capacity available at all times is `not less than the •
37 , average daily delivery to the regular customers and Marin
' 38 Municipal (excluding ; surplus• water and water in excess' of q -
39 entitlements) during the month of h ighest- historical use plus 20 •.
40 mgd; (3) construct emergency wells with +capacities 'which are from
41 time to time determined by the Water, Advisory Committee; (4) ;
42 1 construct additional facilities (up to a-,total capacity •of 174 .3
43 ' million gallons) to, then extent necessary to Maintain a quantity _
44 , of water in, storage equa=l to 1 .5LLtimes the +average daily.. delivery
' 45 to 'the regulai customers except North Mann during/the -Month of
46 highest historical use, and. ('5). replace existing facilities and);
47 ' construct. additional facilities, }b .a
related •
48 appurtenances as necessary to insure the irel.iable and` efficient. ,.
49 operation of 'the Transmission System and to insure that the,
50 quality of the water delivered complies „With all 'applicable state •
51 and federal water quality requirements.
410 ..
- A2_14 ' . _ .
. .. ,i,.
F ;. .
The time within which''the Agency shall be :obli.gated to.
, construct such additions and replacements to the existing •;
l Transmission System shall,'be extended„ h'owever., as a result; 'of
any delays caused by fire, earthquake, other acts of God,, acts .of
3 the public enemy, riots, insurrections, governmental regulations
b' on the sale or transportation of, materials or supplies„ strikes ,
7 affecting construction of such additions .and replacements, 'on
3 transportaton .of materralsior supplies in connection therewith
,
3 any State or Federal environmental quality regulations 'or.
10 restrict'ions, shortages and/or delay in the obtaining, of
11 materials,, shortages of Or allocations; of fuel and' other- sources
12 . :- of energy, litigation resulting in court orders restraining: the
13 'construction Of such additions and replacements, inability of
14 Agency for any reason to deliver- the Revenue Bonds or -any series
15 thereof, or any other causes beyond the control of Agency- Pr any
16 contractor constructing any part of -.such additions and
17 replacements, --
18
19 2:(3 • 'Further -Modifications' to Transmission :System '
:2 0
21 (a) With the approval of the ^,Water Advisory '"Committee and
22 subject, to the -availability'of suff'icent funds, the ,Agency may
23 - undertake studies, ,and prepare technical reports, financial
24 plans., and environmental /documents for water transmission ,sy,stem
25 facilities fn addition to 'those authorized to 'be constructed by '
26 this agreement. If such activities' are undertaken pursuantito
27 this paragraph, the cost thereof 'shall; be considered to be costs
28 of 'common, facilities and shall .be_paid from -funds available'!
'29• ` pursuant to.subsection '(c) Of Section 4 .2;,, or from the proceede
' 30 of Revenue ,Bonds, and;-payments .made. by. North vMarin pursuant'' to --:
31 Section 4 . 8 . I'f the cost is paid from the proceeds, of `Revenue
32 Bonds and payments made byrNorth-Marin,- the cost ishaW6e -
:_ 13 - allocated a s p rovided i nsubsection (b) , p ara g rap h 9 of , Section,.
34 • ,4 .7 and Section :4 . 13 .. •
.:3 5 ' ' _- - .- ..,.. -
3:6 (b) Except for the -facilities described in section 44, the
37 Agency will-"not construct or acquire additions to the
38 Transmission System. that °would increase. the charges :payable: by,,,
39 or diminish or impair the water available: to, any of the water.
40 . contractors sxcept on +such terms and `conditions as may +be agreed • . •
41 upon, in writing by the Agency and each water contractor who would
42 H be, required to make: any additional payment; by .'reason of such,- :
43 construction or whose, water supply might be- diminished -or "
44 impaired' •by•:such construction. If such addition Is a booster-: •
45 pump or' any` other device„ method, or system that would, enlarge or
46 increase the ,capacity of any one_ customer to the .detriment °f
47 'other users or would` :enlarge' or increase' the ratio of -Water taken
48 from the- Transmission. System' by ;one user in relation, to `the other
49 users,. ,then. such addition, :or alteration shall, not be 'made by
51 arises ex to ptbet ' If a question .
50 —Agency ;exce t.-b amendment to this:. agreement. '.
her an addition or alteration, to the
52 Transmission _System requires an..amendment of 'this agreement'
A2-15
•
`. . .
•
1 - ' - . pursuant to this section, then- such question shall b-e_ submitted
21101' to the Water Advisory' Committee ,and' its decision shall be •„
3 conc'lusiVe..
4
5 2 . 4 potter':Va'1ley. Project'.
.
7 A'li or part of the Potter Valley Project:"may be acquired
8 upon a determination ;by the-Board o. Diredtors ;of• the 'Agency that
9 such acquisition is necessar'y' to insure the Agency' s continued 'I'
10 ability to make the water deliveries authorized by this "
11 Agreement, provided,.3however, that no part nor all of the Potter
12 valley Project shall be acquired without the prior approval of ,.
437- the Water Advisory Commi'ttee, The: Agency sha-ll .not be liable to
- 14 ' any of its customers ,for, any damage resulting from any Agency
15 decision regarding the acgthsitioii or-non-acquisition of any part
16 or all of- the Patten Vaalley' Project,
17 - 1
18 2 . 5 . Water Conservation Measures
1
19
•-20 The' Agency ,may•,undertake or }fund any,- cost' effective water
21 conservation measurelthat ,will reduce water demands on the i "
22 Transmission System :and that 'has 'been approved' by the Water 1
23 Advisory Committee.. I
24 - - . '
25 2 . 6 Operation- andi Maintenance - .,
_
26
The Agency •shall operate -and maintain -the Transmission
System in "a 'good state of repair.
29
c'.30 _ - - ' ,. I•I -
I
. ;
• A2-16
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• - • . . : .- - - • „ ...",
.. ._..
PR •
'0. .
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. . .
_„ ,
PART: 3 ..: WATER; SUPPLY -
. .
. .
. .
. .3 .1 Delivery EhtltiMents of Water Contractors -
•
' Subject to Section 3. 5, the Agency shall .deliver tOdeach •
. ; .. water contractor at the points of delivery hereinafter set forth , • '
such quantities of water as the Water' contractor Shall, tr0111. t.j-m?
-3
to tine requfre at.'sueh rates Of flow as are necessary to meet
its peak 'idayls demand; etibject. to the fOiloWing , . •
_ _ . .. -., ', . •
1. . (a) The 14dricy * .hali not be to deliver. water in excess:
L2. -or ttkef.01..IiPWTt14 - - 1
13 . . • . -
14
. . ____
L5 Water Contractor Average During During Any
_ .. ,
_ .
MOnth' Fiscal 'Yr,.,- •
17 _
18 Santa Rosa • - tedlidding;
..,...., _
19 ':-, .--,FY=LTrom-:Reach.. 1 and:2 of ,:, , -- ' : surplus
R) . ..- the' .-±Mteftle:AquedUdt. . -. 40 :0:1-qd, . - '• 1. f. . Vac-er;)3 - -- ': -.'" ..,..•
21
22 ' ' From the Santa Rosa Aqueduct -4.04 mgd :. • ,
, .
. .
23 J . , ,.. - . . . •
24 . _: •, _Timu tn& Sonoma• 'AguedUct . .4,'. 0-mgd. _
. .
. .
25 '• • . . ,
. r- ,. , . • . . .
• .., - ,
26, Maximum combined total . . •
. ,
• 27 '--- ...r-iibm;41/:, aqueducts' 56-6 mgd: ' 29 - 100 AT' ' ,
- :Pi '-''' ' W •
.
28 . .
. • ., ..
•
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30 , :North: Marin
31 From pet,aluMa. ,Aqueduct 19.. 9 -frigid 14 , 100 ,O.
32
32
, • -
34.. Petaluma. • • ._ -, -
- • .
35 - - ' From Petaluma Aqueduct m 31-.8 mgd - ' ' ' 12f410' AF:
_
36 . ,
37 Rohn-art Park.
38 . From Petaluma Aqueduct, or
39 ' Reach 3 of IntettleAcideduct 15:4 mgd' 7 , 500 AF '
40
- .
41- : Valley of„ the Moon . . • ' ' .
42 . - From Sonama Aqueduct • -0.5 mgd • :1,200 AF
43 , . • '-. . . .
44 , Sonoma ' • H " - —
45 From Sonoma Aqueduct . 6,2 mgd 3 , 000 AF _
46
.
_ .
47 1. .:Cotati - • . . . ' , .
48 . . F±CMPetaluma Aqueduct, or
49 ' Readh. 3. of Intertie Aqueduct 3„ 8 .:mgd' 1,520' AF '.
•
50 . , • . • •
. .
51 Forestville 1-5. mgd , •
. Alk
52
IIP
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(b) North Marin shall not take delivery of water atan
> instantaneous delivery rate greater than its average delivery
3 rate for such day,;, ,if such instantaneous deliuery'.rate would '
increase the Agency 's ;cost ,off electrical energy:; - North Mann -
3 shall not take delivery of- water at a rate of more than 19•, 9 mgd
6 during more than 14 days o'f any month, nor at a rate tof, more than
7 20 .,9 mgd :during any• day of any- month_ Irrespective of its -
3 delivery' entitlement° ;North M
arin shall nevertheFess 'have the •
9 right to a flow'-rate-.of` 14,:8 •mgd in the Petaluma •Aqueduct.
i0 •. •
:11 . (c) No .water contractor• shall take: delivery of water at an •
'12 average rate dur=ing any month 'that is greater than .2 . 0 .times the
T3' average ''rate of to that contractor during the preceding ,
14 12 months . .- The Agency also shall adapt this requirement as a
is service 'rule applicable to other customers. -However, if any
i6 regular •customer was during the 'preceding 12 months subject to a
17 curtailment in, deliveries pursuant to section '3.. 5 , then the limit
18 P :s the average rate
rescribed by this subsection shall be 2 O; time
19 of :delivery that such customer would have received in ;the absence
eo •; - of "such .curtailment: ;This rule shall not; apply to water i
23 • contractors who' utilize .local• sourdes of supply, to reduce demand
•322 on the Transmission System,-during the peak Sailer period -of. June,
a•3 1 through .Se tember 30,;. and whose average production rate::-. for i'
g P
24, . _ said period from;all of the contractor's local sources is equal 'I,
g P
25 to at least. 2 ..6 times -the averse production rate of all of that
26 contractor's local- sources during the eight months immediately ''
2 2 P d Nolwg. eP
e period.
) atercontractorshaltake delivery of water during an l
-10 L month at an average rate that is greater 'than 1 .3 times the „ .
31 i' average rate of delivery to that ,contractor during the .peak month
'32 of the prior three calendar years without the• written consent of
-33 : , the- Agency.-1, The;. Agencyalso, shall adopt this requirement as a ,.
P
P g ake �such . increased deliveries and the
36 bepgivenrbyithe Ag'encyeifoandhonlyuif Sufficient htransmissionll ,
37 deliveries to thefoth'er water contractors to be made '.
38 pursuant to this- sect•ion'., However-, .if any water 'contractor was'
39 during, the preceding three Calendar -years subject to a
40 • curtailment in deliveries pursuant ;to section 3 .;5•, then the limit
^, 41 , prescribed by this •subsecton' shall.,be 1,.:3 times the average rate
42 ; of delivery that such ;contractor would have received during the
43 '' n
peak moth. of the prior three calendar years in the absence of
44 such curtailment.
4 5
46 3 .2 conditions on Otheragency Customer-Deliveries
47, , .
48 The Agency, may turnish water from the Transmission :System to
49 other Agency eusto'mers^ subj,ecte. however, to the following
50 conditions: _
51
(;a) The total quantity of-water delivered to all the, other
•
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, .a
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llr . .
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-
able to make -the. water deliyeriesqxpoyided for in this Agreement. ' All
In its operation of the Russian River Project, the Agency shall
use ala reasonable means to prevent a deficiency in the quantity :
of water that is available, to the .Agency for diversion and
rediVersion -under the Agency' s water rights: ' However , nothing in
,. .,
the preceding' twoizentenceszhall be Cdristrued tali/nit the
11
Agency' s disCretiOn to take approprriate actions to resolve any
issue that may arise under the, federal Endangered ,speCIeS Act or
any other federal or state law affecting the Agency ' s wZter.
• 0 rightsbroperation of the: Russian-River Project: .,1If tiy. reason
. .
1 of dibbght, :other causes beyond thecontral: of the :Agency,- brany,
r2. change in trie.amounts of water imported by the Ratter Valley' , .
- 3 Project into the Russian River watershed (whether or notZliCh
4 change is caused by any action at inaction of the Agency). a,
' 5 deficiency does occur, the Agency Shall not be liable to any of .
6 its customers for any damage arising therefrom In, the event of
.7 such a deficiency the Agency first shall cease all deliveries of
. ,
8 surplus water to thanthe:water cahtractorsi_second, shall. .
Peese. deliVerles-of all sii.r151* I!..Teterk-third, - S17414- Ceae
?cf) ..-- deliveries to regular customers in excess bt:theirehtitlemental::,-. • :-- \-._ i,
1 and fourth; zhail apportion the available supply OfWateres ,
:2 followS: • - .
,
.3 .
first, deliver to each.,of its regular customerd„ not in? '
_ _. .
5 excess of the respective entitlements Set forthin, Sectipp.qa .
'6 arid Section 3 :2„. authorize Agency-'s Russian, River customers to Aik
'7 divert or redivert not in excess of the amounts for which those lip
8 customer! have contracted to purcnate from the Agency, and ' . ..
•'.9 ' - deliver to Marin' Municipal not in excess Of theamounts, ' it-an-y*' ' :"
0 that are required to be delivered pursuant to .the Third Amended,
a Offpeak, Water Supply Agreement dated January 25, 19,96,, the
=2 - Amended Agreement For The Sale Of Water Between The Sonoma County
;3 Water Agency and the Mann Municipal Water District, dated January
0 _, .'0-..25',.- 1996„amendientetothese agreements that have ‘beenapproved
15 - by the Water Advisory Committee, or subsequent agreements betweeW'r-
36 • the Agency and karin Municipal that have .been .approved:by the
37 " Water Advisory Committee,- the 'quantities of Water' requited. by
38 each such customer for human, consumption, sanitation and fire
39 protection as determined by the Agency after taking Anio
' 0 ' consideration all other sources of potable water then available
11 to said omPtPMerl . • .
. .
''..
. . -
=3 eddand, to the extent additional water is available to 'the
4 Agency', deliver such 'water to Agency' s regular customers, .
15 authorize Agency's Russian River customers to divert or redivert
=6
such water, in 'proportion to the respective entitlements set '
47 forth in sections' 8 :I. and 3 . 2 -and the agreements between the
18
Agency and its Russian River customers, and deliver water to
_ .
Mann Muncipal pursuant- to and to the ektent reqUired by the
. ... .. -
Third Amended Offpeak- Water Supply Agreement dated January '25, .
31 0964 theAmendengteement For The Sale of Water Between The
,
. 32 Sonoma County Water Agency and the Marin' MUnicipal. Water Di:Strict. '
. .
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A2-2I :
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•
1 dated January 25 , 1996;, amendments to these Agreements. that have ,
•
'2 been approved- by- the Water- Advisory Committee, or subsequent
3 agreements between the Agency and Marin•.MUnlcipal that have- been'
4 approved .by,, ;the, Water Advisory Committee;;
5 •
6 provided, 'however, that no customer Shall receive under •i,
7 these paragraphs "first," :and. "second" a total quantity of water '
8' in excess of its reasonable, reguirements or its said 'entitlement
:9 ' or contracted` amount, whichever is less. ' „ -
lo K •
li - In the event of :a temporary impairment of the capacity of •` ,
12 • . the Transmission System 'by reason of natural disaster, sabotages'
13 or :other causes beyond the control of the Agency, the Agency
'-14 - shall not be; liable to any' of its customers for any damage ,
15 arising therefrom.
16 - -
37 In such event 'the. Agency shall:
i8 , ,
;19 first, del'iver. to each of its regular customers the:quantity
20 of water,•, not in excess of the respective' entitlements set forth -
21' in- sections 3t1 . and 3•:. 2 , _required' 'by, it for human consumption,: j'
22;. . sanitation and 'fire protection as determined b • the Agency after '
23 taking into, consideration all other ,sources :o'fypotable water then ,-
kW)41t,' available to , said customer; - i °,' '
25 }
_ 26 second, 'to the' ;extent additional Transmission System'
capacity is available to the Agency, deliver a .quantity of water -
', to the regular customers in `proportion to their respective e.
29 ' entitlements set forth in of, 'section 1...1, and section 3 .2:
30 provided, however, that ,no regu,lar 'custtmer shall receive under
11: these paragraphs "first" and "seconds'. a .total quantity of water •
e .._ .
32 ; • in excess of its reasonable requirements +or its said entitlement,
33 , whichever is less;
-,...- 34 .
3S• : : third, to the -extent l'`additiona Transmission System.,capacity .,
37' theiiraentitlementsUpursuant to subdivisiont (a) oof in excess o3
9,
•
38
p ( ) section 3 . 3 ;''
39 • fourth;, .to the extent ;additional Transmission System •.
_.
40 capacity is_ available, deliver•water topMarin Municipal not in
41 , excess of the, delivery limitations in section 3 . 12 ;,' J.
42
43 • fifth, to'-"the extent additional Transmission System capacity '
_ 44 is available, deliver:• surplus water to the:, water contractors:;
45 •
' 46 sixth, t'o• the extent additional Transmission System capacity r
47 is Available, deliver surplus water to other Agency customers.
48
4g, However', ;deliveries to• Marin Municipal shall not be reduc ,
ed
50 or curtailed because of inadequate, capacity in the new aqueduct
51 to be 'constructed, generally paralleling" the; portion of the 1
A2-22 - ,
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•
ii
. • • I
4 . . . - ilk
Petaluma; A Aqueduct that extends :from the Ely Pumping Plant to
• •
q _.
. Kastania Reservoir.
.3 - .
} 3 . 6 Fire. Fi4htinq '!Service
Anything;,herein to the' contrary (notwithstanding, the Agency
7' may furnish water for fire fighting from hydrants or standpipes!
3 on the ,Transmissionp•System provided such service within two ".miles
3 of ;the 'corporate' territory !of a water contractor may be furnished
10. - . Only- if and during the, period of time said water contractor' -
11 - consents,thereto 'in writing. The .Agency shall :set fees •
_12 sufficient to recover the -full cost of ;installing 'and
13 ' maintaining., and supplying water_ to, fire hydrants.., All revenue
14 from such fees +shall be treated the same as money received,_from-
15. the Operation and Maintenance Charge and shall be :deposited and y.
16 paid out as set forth in Section f..7 and subdivision (b) of�
17 Section 4,. 1 : Agency, shall- adopt service rules limiting hydrant
18 • `water usage to ,fire- suppression, fire training and limited, '
19 temporary'uses ;such `as' proyidi.ngi-metered .constructiori. water..
21 3 7 Oua
s litr:-of Water.
•
.
22 .
' 23 • (a) The _Agency-warrants'•that it will use its best of forts to ,,
24 insure that ,a). -water delivered hereunder shall be of such purity -.
• 25 . '''and 'quality required;'to meet minimum standard's' :for'human domestic . '
26 consumption from time to time established by the state and . doh
27 , federaFl, governments. The: Agency shall not be; liable to any of IV
- 28 . • pits .customers for any: damage arising from; the."quality 'of water z`
29 ''that :it, delivers under this agreement; except, for Uamagesi based-
30 on any breach pt th'e warranty described in the preceding,
31 sentence. 1 -
32
33• • (b) They-payment obligations of the ,water contractors set forth _
- 34 - - in Part' '4 shall'Cnot -be'^affected many manner by 'the .quali'ty.aof:.
35 , the water delivered by the 'Agency ,hereund'er':. n
- 36
37 3 .8 Points of Delivery •
38
39 All.'wat'er furnished to each 'water contractor hereunder shall
40 - be delivered: at the discharge flange of meters at turhoutg'owned.
41.' , and maintained by the Agency;_ . Turnouts• in addition to.those now
42 existing shall b constructed from time to time at. such -locations
43 as shall be agreed' upon by the Agency and the water contractors
44 involved: Water ,delivered to Petaluma and North -Maria at;-th`e.
45 McNear meter station shall be delivered 'at a tydraulic gradient
46 of not less ..than `175; feet mean sea level_ Turnouts installed for
47 regular- customers, `shall be-not less than 8 inches in diameter., , -
48 Turnout installation charges shall .be 'determined from, time to ..
49 time by respiration of the Board of Directors of the. Agency 4and
50 shall be payable by the customer prior to turnout installation by
• 51 Agency.
Ilt
52 _. •
-A2-23 •
•
_ '' '
•�
1.
.3 . 9 Risk .of Loss, and -Responsibility
'
9. Title 'and .risk of loss with respect to ,all water delivered '
1' : hereunder 'shall. pass .from the Agency.+to the 'Water- Contractor at ,
5 the point of delivery 'thereof: `as set forth in , section 53,. 8 .. , The
5 Agency shall not,be responsible for-',the, Control, transmission,
7 distribution, handling°or use- of water beyond the point' of
3 delivery th_ er:edf , Each water contractor +shall be responsible for
3 instal'ling and ma-intaining any device it dYeems necessary to
10 reduce .or' regulate the. pressure under 'which the,,,water may be I
11 - delivered.' hereunder,: .-
•12 .
13 3 . 10 Place of use of Water Delivered to._'Nortb -Marin,
14 _ , I. .
. .
i5 • (a) North Marin may exchange _water -dellvered .under -this Agreement
'r16 for an equal amount of water delivered to it by Marin Municipal . i
17
18 (b) Except as provided in subdivision (a) of this; section, North _
19 - Marin shall notz.permit,. any water delivered underthis Agreement 1
2.0 , " •'-`- to •be used_ outside of 'its own:distribution system service_-areas :qI
22 3 .11 Measurement:
:23 ,
24 AILwater delivered by the Agency from the Transmission 1 J;,
25 System shall be measured' by meters ' instal 'ed and maintained by ,
.:;2-'641-' the Agency." The .Agency Sha+11, test the ,accuracy of each,'meter not. ,s,
2,' less frequently than 'annually' and each.
provide a water contractor 1.
28 with a', report of, such, test. Each; water` contractor shall have the
25-'' ;r-fight at any 'time and at its expense to make additional tests of - -
30 any meter. If ameter •is found to be reading 2 ,percent.or more
31 fast or slow, it shall immediately be repaired. to `bring it within
32 2 percent accuracy or be Lr'eplaced by the=rAgency.
33 t.
34 3L.12 Marin Municipal Water Deliveries
35
36 The Agency, pursuant to the Third .Amended Offpeak Water
3.7 Supply Agreement, dated. January -25 , '1996 and the Amended Agreement .
.38 For The Sale Of Water Between The Sonoma County Water Agency and •
39 the Marin Municipal .Water' dated, January. 25, 1996,, " amendments to'
4.0 these agreements: that. have been approved by the Water .Advisory
41 . Committee, or subsequent agreements, between. the Agency and .Marin ,,
42 Municipal that' have ,been approved' by the Water .,Advisory_
43 Committee, may deliverrw to Marin' Municipal when and to the;, , •
44 extent that the, TranSMISXWM System' has capacity in excess of i
45 that required by Agency-to' supply its regular customers the i
4'6 entitlements set forth in sections 3 . 1 ' and, 3 . 2 ._ However, x.47 deliveries to .Marin Municipal shall not be reduced orcurtailed!'
48 ' because of .inadequate capacity in the new aqueduct tq be
49 constructed generally paralleling the portion, of the Petaluma ;
50 Aqueduct-that extends from the Ely' Pumping Plant to Kastania
51 Reservoir: '
a
• 40 . . _ 1..
., .
A2-24 . .
. ' ,4
1.
•
The maximum delivery rate to Mar'in Municipal between May ;1
and October 31 shall not exceed 12.: 8 mgd. The total, quantity of •,
water delivered to Mari n. Municipal 'in any fiscal year shall not •
exceed 14 , 300 acre feet,. Deliveries of water. to Mar in Municipal,
-
; shall be made either through' a separately metered turnout or
through North..Marin' s metered turnout(s) If water is delivered
through North-Marin' s ''metered tur-nout(s`) , then North `Maria shall
3 '. .maintain in good repair and calibration metered turnouts at r- .
3 points of delivery from its •system,into Mann Municipal' s. system _
1'0 and shall read such meters on or about the end of each month •and
. 1.1 provide to Agency-.an accounting, of' 'water delivered during the _ -
P .
12 preceding' month to Marin Municipal. In making such accounting,
13 ;, North Maras shall deduct from the total of water delivered,•.to
,
14 Marin, •Municipal any' exchange water as provided` in section 3 .�i0 of
g and any water produced ''by. North Mann and
15 this agreement
16 delivered to, MarinrMunicipal. •
17 -
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Az 2 5' -
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c
1 ,- PART. 4? _CHARGES AND PAYMENTS -
2'
3 4 . 1 Separate Charges` and- Funds' _. ,
4
5 (a) Ondr• before April 30 preceding each fiscal year during
6 which any of the following charges- are payable, the Agency will i�, • . •
7 establish the: amount of the following charges, f'or 'the• ensuing If
' 8 fiscal year,.: .
9 : .
10 (,1) the,,Operation and 'Maintenance' Charge, : _ - •
11 (2) the. Santa, Rosa Aqueduct. Capital Charge=, -.
•, (3) the Forestvi,lle. Aqueduct Capital Charge, _
12 ,
',13 (4) the Sonoma Aqueduct Capital Charge;,
is (5) the Petaluiiia `Aqueduct Capital Charge,
15 (6) the Aqueduct Facilities Revenue ,Bonds - ,
16 Charge; '
17 (7) the Storage Facilities Revenue :Bonds; Charge,
18. ,(8) "the: Common, Facil-ifties."Revenue Bonds . -. . ;
19 :_Charge. ,
,20 (9) the North==Marin:Revenue Bonds' Charge -
21 - - _ 0
22 (b) All monies received in payment of said charges_ shall be
23 received, allocaM1ted1and paid: out pursuant. .to Or,d'inance No 1 and
. 24 . - :to''the :SubordinatedA Bond Ordinance:. The Agency -agrees to
25 maintain separate tunas into: "which all money'rreceived by it from
2 % . the Agency Fund under ordinance No. , 1 and the Subordinated Agency
2� Fund 'under- the Subordinated Bond Ordinance shall be deposited and ,
= '28 • --from which• disbursement• shall be _made as herein ;provided. • All 4- _,__ ,: ;_;_
-"29 • _interest earned by 'each of said funds" shall -be credited to said !
30. fund. - .
- 31 'J
32 (c) In establishing each of said. charges, the Agency shall
33" ' assume; that the-quantity of"water (*other•than' :surplus .:water) to?' .- -.-
34 . t. be delivered from each aqueduct of th Transmi•ssion' System shall -
35 be the same, as the 'amoun't of water delivered from said aqueduct!
_ 36 during the twelve months preceding such egtablxshment, or the
37 average annual ;amount of water delivered during the preceding 36
38 months, whichever is 'less._ _
39 -
40 If because of' droughtt or other water supply reduction, state or
41- • ' . 'federal order, or other similar condition, 'the Agency. .anticipates .
. .._.
;4,2 that any- such quantities will not, be predictive.•of future usage,
42 the Agency may use al different amount, with 'the: prior approval of
X4'4 - the Water Advisory„ 'Committee.- •
45 - -
46• 4.2 Operation And Maintenance 'Charge..
•47 -,
•--48 (a)' The Operation ,and; Maintenance Charge shall -be a uniform
, _
49' annual Charge, per acre fooVand shall be paid': by all regular,
50 customers for'-”all water delivered from the Transmission- System. ,-
A226
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,
i:.
. Jody
) :r
(b) The aggregate amount of money to be received by' the Agency •
'
•
from the .Operation and Maintenance .Charge for each fiscal year
shall be .sufficient to produce water- sale revenues. to coyer the .
Agency's estimate of its operati-on and maintenance. costs for such
, fiscal year, including, a reasonable allowance, for usual'
i .contingencies and errors an estimation, to accumulate and:"
7 maintain, a, prudent reserve in an amount 'determined from time, to
3 time by the Water Advisory 'Committee, and to produce additional
.•
) - revenues in amounts determined from' time to time by the Water -
i0 Advisory Committee to, pay the capital costs of common, facilities
'11 and, storage. facilities pursuant: td-subdivision (c) •:of: this
12 . section• • -
3
14 .(c) Ala money received by the Agency in payment of the Operation
L5 and Maintenance Charge shall :be deposited and paid out as set
L6 forth in •sections ),2q,,and subdivision. (,b) of seet`fon '4 .=1... `After.
17 making the payments requared:`by section 1:7, Ordinance No. ;1 'and
18 the Subordinated- Bond Ordinance, - remaining money received, from
19: - - the Operation._and Maintenance Charge may' 'be used tO_pay the
20 :"Agency' s. ;operation and`maintenance expenses, and; .to `fund a -.- ' - -_
21 prudent:. re'serue `for` those expenses: Money received, from the
22, Operation and 'Maintenance Charg in excess s of, that necessary-; for
23 - 'Operation and :maintenance expenses and 'to maintaith 'a prudent
24 reserve may from %time. to time be,'dtisbursed as:provd'ed- in section i
25 4 ..9 .to, pay' capital costs of common facilities and storage
26 facilities. If';itoney received from -the Operation, and Maintenance,
27 Charge is appropriated for expenditure for storage facilities,'
Mt
_28 -,.the: :funds „shall, be transferred to the storage, facilities„Revenue • _
- .29 Bo`inds fund referred•to in subsection-(d) of section 4,.11�., At theT -
'30 • t__ime of the transfer, an amount shall also be transferred-ed-to - - -
s :
•
31 North Marin.' s account established.pursuant to sub`secfon ('c;)' .of!
32 'section 4 : 8, which amount shall bear the same proportion tot the :
33 amount tiansferredrto'-,tiie storage 'facilitie's ',Revenue Bonds 'fund-
• 34 that the total amount payable by,North Marin for the Operation; . -
35 and -Maintenance. Charge, In the prior' fiscal year bears. to the
36 total operation and maintenance revenue received by'-the Agency
37 from sources 'other than North Mann pursuant to sections 3. 6,
38 4 . 2 , .4. 14 , 4. 15 and 4:16 during the prior :fiscal year.,
39 •
40 4 . 3 Santa -Rosa Aqueduct- Capital Charge
.. 41 - .
42 (a) The Santa 'Rosa 'Aqueduct capital 'charge- shall be a uniform-
43 annual charge :per ;acre foot :and shall be paid' by all the Agency's
44 regular. customers for all water delivered, directly'from the„!Santa.
45 Rosa. Aqueduct except for surplus water and except as provided in
46 section 4 .;16- - For the purpose of this ssection, the first 3 .5 mgd
47 of water delivered to Santa Rosa from 'reach '1 of the Sonoma
48 Aqueduct shall: be deemed -torhave' been delivered from the Santa
49 Rosa Aqueduct, ' -
50 - -
51 (b) ' The aggregate amount, to be received by the Agency from the
52 Santa Rosa Aqueduct. Capital Charge for teach. fiscal .year._ shakll be
A2=27
1as sufficient to produce water sale revenues 'ta pay: the principal
2' and interest payments' for the )ensuing; fiscal year on, Series A, B..
3 and C of, the 'A y''s
enc •'1955: Bonds.
4 . .
5 (c) Subject' "t'o the provisions of. section: 1 7', no disbursement ,
6 shall be made from:'the Sante Rosa Aqueduct capital fund except
7 for the payment. of said principal and interest so long, as "
8, payments for -such principal and interest are{ due.:
10 (d) • If at the end of any fiscal year,the balance in the Santa
11.' , .Rosa `Aqueduct :capital fund! is insufficient to-meet said, principal.
12 and interest payments for the. ensuing fiscal year, Santa Rosa '
13 shall,, before August 1, pay to the Agency as„an additional charge
14. for water delivered ah amount equal to; such ,deficit.
15
16 ; (e) If, after all payments on Series A, $ and C of the Agency ' s
17 1955 Bonds ,h'ave been made,, Agency decides to ;issue a new series-
18' or.-issue of.;Revenue •Bondd to finance major replacements of •
19 _ .portions 'or ,all` of the Santa,, Rosa ;Aqueduct, of .with the approval
20' - of the Water .Advisory,`Committee `the 'Agency decides to 'levy -a
21 Santa Rosa ,Aqueduct. Capital Bonds Char',geto produce revenue to
22 finance major .rep'lacements of portonsor all of the Santa 'Rosa -
23 , Aqueduct, then the aggregate amount to be received by the Agency
24 from the Santa Rosa..Aqueduct' Capital Charge for each .fiscal year .
25, shall be sufficient to produce water sale revenues to pay the
principal and. interes•t payments for the ensuing fiscal year on
said series or issue 'of `Revenue Bonds and' to produce additional
2 .' revenues in amounts determined from time,. to time by the Water
29 , Advisory Committee to pay the capital ôoits Of aqueduct
30 . - _ facilities . ,
31 L , '
' 32 4 . 4 Fores.tviile :Aquedudt? Capital Charge
33 _..
_ 34 (a) The Forestville,.Aqueduct Capital Charge shall be a uniform _.
35 annual_ charge per acre foot and, shall be paid by all the Agency ' s
36 'regular customers for ell 'Water del`iuered, directly from the
37 Forestville Aqueduct, except, for surplus 'water and except as _
38 provided in section 4..16 . For the purpose of this section, all
39 ' water delivered to Forestville pursuant,;to this agreement shall
40 be deemed to have been delivered from' the Forestville Aqueduct. ,
41 _
42 (b) The ;aggregate amount to be received by the Agency from the ,•
43 Forestville `Aqueduct Capital Charge for each fiscal, year shall,'be
44 sufficient to produce water sale -revenues to pay the. Principal
and ' p pm the ensuing, fiscal Year on Series E of•45 and interest. a ents for t
46 the Agency s 1955 13onds.
47 ,
48 (c) Subject to the provisions of !section 1. 7 ,. 'no dirsbursement44.
49 shall be made from the Forestville. Aqueduct capital fund except
50 for the payment qpf. sa'i'd, principal.;and interest so long as
1 ' payments for• such pr ncipal 'and interest' are due,..
110 • A2-28
(d). If at• the: ends of. any fiscal•. year the. balance in. the
Forestville Aqueduct capital en
fund is insufficit to: meet said
• principal and interest payments for. the ensuing fiiscal, year,
• Forestville .shall,, before August 1, pay .to the Agency ;as an.
i additional charge for water delivered an ,amount equal 'to such
;. - deficit,.. •
3 (e) Yf, after, ail -payments'. on Series E of the Agency' si 19,55,
?
Bonds have been. made, Agency decides to 'issue a new series or
10 issue of Revenue Bonds to finance major replacements of portions.
!1 or all ,of the Forestville 'Aqueduct, or with the approval, of the, '
12 Water Advisory Committee the. Agency decides. 'to levy a ,Forestville •
L3 Aqueduct, Capital '.Bonds Charge to ;produce revenue to finance'major
14 replacements of portions or ,-all 'of the Forestville Aqueduct, then
15 the aggregate amount to be received' by the Agency from the
16 For-estyilae. Aq}ieduct Capital Chafge -for ,each fiscal year shall be
17 sufficient to produce water• sale revenues to pay'the 'principal
.
18 and interest payments for the ensuing fiscal year on said series •
19 or
sssue. of _Reyenue Bonds, and to` produce revenues in
20 -. amounts ',determined.from time •to. time by the Water Advisory:
21 ,committee to pay •the'•capital costs 'of aqueduct facilities.22 •
23 4:5 .Sonoma 'Aqueduot Capi.taI SCha±Qe,
24 ' ,
25 -Lay. . The Sonoma 'Aqueduct Capital"Charge shall ' be a uniform annual,
26 dharge; per acre foot- and shall. be paid by all the Agency'
27 regular customers 'for all water delivered' directly from t;s
he
28 Sonoma Aqueduct, except for surplus water and except as provided
29 yin, subdiv-ision',.(a)-.:of section 4 :3 and..:in section 4;X16 . , _., ,
30 •
31. (b) The °aggregate amount to be received by the Agency from 'the
32 'Sonoma 'Aqueduct; Capital. Charge -for each ;fiscal year shall be
33 sufficient to produce water sale revenues to pay the. pr3ricpal
34- and. interest -payments' foe the. ensuing fiscal year on _Series F of, - --
35 the Agency's 1955 Bonds'!.
36
37 (c) Subject to the provisions ^of section 1. 7, no .disbursement
38 shall be;made from the Sonoma Aqueduct capital fund except for
39 the payment, .of said principal and interest so long as °payments.
40 - .for suchwp"rincipal and interest are due.
41
. 42 (d) If 'at the. end of any fiscal- year the balance in: the Sonoma
43 Aqueduct capital, fund is, insufficient to "meet said principal and •
44 interest payments 'for the ensuing fiscal year; ,an addLitional
- 45 charge ;for water delivered in an. amount equal_to such• deficit, ,
46 shall' be' paid to the' :Agency :before August. 1 by .Sonoma and Vahley
47 of the ,Moon. The share of such additional charge to be -paid by
48 each of said water, contractors shall be-proportionat'e to the
49 difference between the base share component and the sum of -
50 payments made:;by said water-: contractor-; during ..
said fs'scaL year.
51 The base share component allocated to: a watercontractor is the
52 number obtained; by. multiplying the said_! total .pri`ncipa'l, and'
AS
A2-29
•
. _
--
1 interest payment for said fiscal year b • said water contractor' s
' Y . �
2 � monthly entitlement set. forth in subdivision (a) of section 3 . 1
3 and by dividing by the total, of said .month ly. entitlements for all
• water contractors"being served from the: Sonoma Aqueduct.
5 - ,
6 (e) If, after all payments. on Series F'- of the Agency ' s 1955
7 Bonds have been made;.Agency decides :to issue spew series or
8 issue of, Revenue Bonds to• finance major replacements of -portions,
9 or all of the Sonoma -Aqueduct, or .with the approval of the Water
10 Advisory Committee the A•gency �decides to levy a Sonoma Aqueducts '
` 11 Capital Charge to produce •revenue to finance major replacements '
12 of - portions - or al l of. ;the' Sonoma Aqueduct;, then the aggregate
13 amount td be received -by=the "Agency from the Sonoma Aqueduct .
14 Capital Charge for each fiscal •,year shall -be sufficient to
15 produce water sale reyenues to pay the principal and interest
'16, payments for the ensuing fiscal year on saYd series Cr' issue of'
17 Revenue Bonds :and to..produce additional ;revenues in amounts
18 determined from time 'to time 'by: the Water ,Advisory Committee to _
19 pay the capital costs, of aqueduct_facilities„.-- -
20, b N
21 4 . 6 -Petaluma Aqueduct Capital Charge, -
22 c .
23 (a) The Petaluma Aqueduct, .Capital Charge shall 'be a uniform
24 annual charge- per acre- foot and shall be paid'.by North Marin,
2.
25 Petaluma, Cotat'i" and Rbhner-,t? Park for a l=l, water delivered ,under. .
26 1 this agreement except for surplus. water and except as provided in ..
section 4 . 16 , irrespective of -the aqueduct on which a 'turnout is
2 located, and shall be paid by all other regular customers for all
.'29 Awater` delivered"`from the" Petaluma ' Aqueduct. - - -
30 ,
31 t 1. (b) The amounto be received by the Agency from the,
32 Petaluma Aqueduct Capital .Charge for each fiscal year shall be
: 33 sufficient to produce water sale revenues to pay, the principal _
34. and interest payments for:`the ensuing fiscal 'year 'on Series D and
35 G of -the Agencyi:"s 1955' Bonds., •
36
37 (c) Subject tothe provisions of section. 1 7, no disbursement
38 • shall be made from the .Petaluma Aqueduct capital fund except for -
39`. the payment of said, principal and interest so long as payments
40 for such principal, and . interest ,are due.
4,1 . . -
42. ' - (.d) If at the end of any' fiscal year,- the ,balance -in• the •
43 Petaluma Aqueduct capi:tal fund is insufficient to meet said
44 principal and interest payments for the ensuing fiscal year, an
45 additional charge for water delivered in .an amount .equal to such
46 deficit shall be paid; ,to the• Agency before August l by Petaluma,
47 North• Marin, ,Cotati and Rohnert Park. The share of such
48 additional charge to ,be pai_d ,by each of.•said water contractors' - ,,
49 shall be proportionate to the difference, between -the base share
. '50 component, and the sum of payments.- made• by said water contractor; r
_ 51 during said fiscal year The base share component allocated to a imi water- contractor is! the -number obtained by multiply-ing, said total
WV
- A2-30 •
.! =., . . .
— . .
,
1 principal and, interest- payment far ,said fiscal year by said water- 40•
2 contractor ' s monthly ent#Tement' Set forth in subdivision (a..)1. of
3 section 1. 1 and loy ,diViding by the total of all said monthly
4 entitlements for all water contractors being served from the -,.. .-
5 Petaluma Ngueduct.
6 •
. . _
. 7 (e) 1,f, after all payments on Series D and G of the 'Agency' s . .
8 1955 Bonds have leen, made, -Agency decides to issue a—new. seriea .
9 or iSaue of Revenue Bonds to finance or major replacements of
10 portions or all of the Petaluma Aqueduct, or with the approval of
11 theJAater-AdvisorY committed the Agency decides to levy a '
12 -: Petanima 'Aqueduct, clilte , Charge to ProOoe -reYebMe- to finance
13 major replacements of portions or all of the Petaluma Aqueduct,. .
14 then the agghegata amount to, be received by the Agency from the
15. petalumaAgueduct Capital Charge for each fiscal year shall be
,
,
16 sufficient to produce water sale revenues to pay. the' principal t
17 end interest payments for the ensuing fiscalyear•bn said series
- . _ _
18 Or issue of Revenue Bonds and to produce additionalreVehUds in
19 "amounts "determined from time to time by the fiet.er Advisory . .. .. '
• . .20 - CoMdittee= t&paY the capital cdsta of agueductrfacilleies,.. ;
21 - '
22 4 ..7 Allocation of- Capital Costs: to North Mann '
23 - ,
24 (a) The capital costs of the Intertie; Aqueduct, remaining .'
25' — facilitieSc 'aMd the flitter- Valley Project, or the portion thereof '
26 that is to be acquired pursuant to Section 2 . 4, hereof,,. shall be
N
_ . .
27 allocated to North Marin irlproportion to the following ratios: •
_ 28
30 • . - -
31 1, Intertie Aguedudt,, Reach' 1 11. 2J70.-4' .
32
„33 2 . - Intertie AguedudteRdech :2 , 111. 2/68. 9
. - .
.. 34
35 3 . - Intertie Aqueduct, Reach 3 ' ' aa. 2/5s,. 9
36
37 A . , Storage facilities ..,-0
38 . • ,
39 5 . Common faciritieS. 11:2%90. 4
40
41 • (b) The portions of the capital costs of the eddltional. t ..
.._
42 facilities .3.1ticated .lo North:Matin are as follbWa:
•43 ; • • :
44 ' Facility Ratio ,
45 • - .
46 1. '2nd plpellhe, .generally• paralleling
47 inter-tie Aqueduct reach 1 8. 7/55 ;43
48 ,
49 2 . 2nd pipeline, ,(gnerally. paraileling • '
,
50 Intertie Aqueduct reaah. 2 8'.7755 :8
411
A2,31
.
. ' 1
, .
- •
. , .
i . .
. . ,
, . . .
1.. ill 3 . 2nd, pipeline, generally paralleling
Intertie Aqueduct i•da.th. 3a 8 . 7/55. 8
1 ' 4 . 2nd pipeline, generally paralleling. _ ,, ..
5 Intertie Pipeline reach 3b and ;3c, 8c7/42. 4 - •
5 . . .
7 5 . 2nd pipeline, generallYperaiIeling
8 Petaluma Aqueduct fro-ft its junction with
9 ' Intertie Aqueduct tO, Kastania Reservoir 5 . 1/38. 8
10 •
11 6 . 2nd pipellheHgenerally -Paraildling'
12 Sonoma Aqueduct -0-
13
14 7 . ' Storage Facilities
15 . -
16 8 . Russian River Water PrOdUCtibh Facilities' 8 . 7/55 . 8: . '
17. - .
18 : 9 . All Common FacilitieS exoapt ,?uSsian „ =. -
19 , , ., . River Water PrOductiOn, Facilities,. 'but
20 - --including the'Rotter:NalleY Project "-'0 19. 9/146-. 2I
21 ' - , *
• _ . •
22 - 4 .8 Remaining Facility, Additional 'Facility and Replacement .
_.... •
23 Fability capital Ccit PayMentS by North_Marin " 1
• . L, ,2 _ i . ' - - - - • , :t -.
2'5 the portion of the capital costs of the facilities allocated
. . , --,—
. 21111k to North Marin* pursuant to section 4, 7 'sna".11. b0 recovered by the
2111, Agency as follows': - - '
28 '
_ ., .
29 (a) Each time the Agency 'decides to issue further series or H .
- 30 issues of Revenue. Bonds to finance the 'OaPitai: costs of i •
31 constructing. or acquiringeny remaining facilities, additional
32 facilities, or replaCement. facilities', or acquiring all or part
- 3-3 - - of the Potter Valley Project-it -the Agency shall, prior to
initiating- the procedures for the iestrance Of such Revenue Bonds,
35 notify North Marin of .he Agency' s estimate of the total cost of
36 the remaining facilities, replacement facilities, additional .
.17 facilities, or Potter Valley Project acquisition proposed to be
38 financed by said series or issues Of Revenue Bonds and of North :
39 ' Mann' s portion of the cost allocated in accordance with section
40 4„ 7 . North Marin shall have the right, at its election, to pay
41 North Mann' s portion; or any part' or parts thereof, of the cost
: 42 of such remaining fatilities, replacement facilities, additional •
, _ ,
--43 facilities, or Potter Valley Project acquisition in cash,
• 44 ' provided, however., that North Marin shall Make its election on or . .
45. before such date as the Agency shall specify, which date will 0
46 give the AgePOY- sufficient time to determine the amount of ,
47 : Revenue Bonds to be sold, but shall not be earlier than 30 daysl
48 after said nOtification. , If North, Mann elects to make a cash i
49 payment, it shall .do so on the date the Revenue Bonds are sold or
50 on such later date as the Agency' may agree upon-encl.-which will
ii, '
nevertheless enable the Agency to meet its
ts Ob for said
construction or. acquisitiOn. if North Marin elects to make a
A2-32
'
1 . -
. .
' . 1
, .
. '''
. - .
.
IttU, •
fit
. . •
• •
L •cash 'p-ayment, the amount payable ,shaal exclude interest during
2 construction and financing charges:*
IA
3
1 (b) Upon completion of the construction or acquisition referred
5 to in Subdivision (a) of this section, any 4.gicellcy in the .
- ,
5 amount theretofore paid or credited and the actual amount of
7 North Mann ' s portion thereof snail be paid by North Marin to the
3 Agency:.
9 , . . . .
10 (c) All payments made by North Marin pursuant to subdivisions
11 (a) and ( o) of this tea-titn'. than be deposited in a SeParate
12 account from which the Agency will make disbursements only to
13 make payments that otherwise must be made by revenues received
14 from the North, Marin Revenue Bonds Charge, or for the Agency' s
15 expenses in constructing the remaining facilities, additional
16 facilities; and replacement facilities or in acquiring all or
17 part of .the _Rotter Valley Project, up to_the proportionate
18 amounts allocated to Ncirth:Marin:Utalizing the ratios contained
19, . - in. section,A1. 7]: The. balapoe, oe the accor1.1nt. shall earn interest .
20. - at the SHnOta CoUntyTreasurer's :pooledc investment fund rate,
=- -
21 _ which interest income shall bedi-edited to the -aocount on June 30
22 of each year Any surplus fi-indSah the account shall be paid to .
23 North Marin within 13Q days of receipt' of a written request
,.., , 24 therefor . . .
25
26 v49 Pevment .of Remaining-Facillties, Additional ,facilitieS,
27 ReOleeetent• Fac2lities and Potter -Valley Project Capital 'Costs
411
28
29 (a) The daPitaloosts of remaining facilities, additional
30 ' facilities, replacement facilities-. and Valley Project,
31* except the portions thereof paid by North Marin pursuant- to ,
32 section 4 . 844 shall be paid by thegency with cash- available
33 pursuant to sections 4 . 2 , 4 . 10, 4. 11 and 4. 12 , subdivision (b) of
34 ' section 4 :asi and, if the Hoard of Directors-Of the:Agency " - -.--. -
35 decides to, issueRevenue Bands, with the proceeds fromtheSale
36 . - of Revenue, bonds. The Agency may sell Reyenue Bonds to the
37 - extent necessary to pay for said capital costs', to establish bond
-38 reserves and tOpayJall expenses incurred in the issuance Of such
39 bonds.-
AO ; .
41 (p) From time to time the Agency shall determine the percentage
42 of' the Revenue Bonds that are attributable to aqueduct
_43 facilities, storage facilities', common facilities; and North
44 .Mann' s capital costs. In making these calculations, ,t1iTe Agency
45 shall not include, in the portions of the Revenue Bonds that are
46 attributable to aqueduct taCilitl.'es , storage facilities and
47 common facilities, the portions Of the ReVanue, Bonds, if any;
48 that eresattributable to North Marin' s capital costs; The Agency
49 .
shall riot include any costs for which North Marin Paid '
50 cash, pursuant to sectionA.Z, :or the ,costs of any tajor .
51 replacement facilities financed; pursuant to subdivisions (e) of
52 sections 4 . 3 , 4-.4., i .,5 and 4. 6 , in these- calculations.
46
, . A2=33 . .
- . ,- • -.
. ' .
. .
, „ .
• - .
•.
•
ft
s
---6
. .
1 . 0
•
... ,
I Ask 4 . 10 AOuOduct-Revenue :sonde Charges . • '
— II, I- . . , • - , ._
3 i (a) Aqueduct Revenue BOOdS Charges shell.. be :annualjcharges Per
. .
3 : acre. foot set for each equeduct as providedHineubc11Yislign -(10) of -
this section and shall be paid by -aai regular customers of the
9' • Agency ek-dept North Marin. forHell water ,deflveregfromithe 1
-
7 Transmission System except surplus water For the purpose of
3 this section only, all water delivered to Santa Rosa shall be I .
49 deemed to be delivered from the Santa Rosa Aqueduct, all water
10 delivered to Rohnerl. ParkifigOtatiend Petaluma shall be deemed to
. _ ..... _
11 be delivered from the .Peteiumal, Aqueduct., al:I .:water- delivered to
12 ' Forestville shall be deemed to be delivered from the Forestville,
13 AquedUCt , and all water. delivered to Sonoma and Valley of the 1
14 Moon shall be deemed to be delivered from the Sonoma AquedUct.
15 .
16 ; , (b) The aggregate amount, tole received. ly. the Agency from the I
17 various Aqueduct Reyenue. Bonds Charges for each fiscal year shaT1
18 be sufficient to produce water sale revenues to pay thelAgency'S _
19 Revenue Bond obligationsefter crediting any plajedted.: paymentS,
20 to be 'Mede, pursuantto!'subdivisionS (e) of eectionS -4.:3 , =4, 4 , -.4457,
21 . and 4 .,6) for such fiscal year times, the perCentege. for aqueduct
22 .
facilities determined pursuant to subdiViSion. (b) of section 4 . 9,
2'z , and to produce additional revenues in amounts determined from I 4.
24' . time to time by the:PaterAdyisory Committee to 'pay the capital '
. ._
'25 . costs 'of aquedudt. fadiiitiespursuant; tb subdivision CcrOf this
26 section. The' aggregateemOUnt-Shall be allocated to the ! _
2 respective aqueduCts. based on the following cost distribution '
_, _
2 ratios applied to:tbeestimated-,- on when known, actual capital
111
29 • costs for the various :aqueduct fadilities-,i.
30 - _ .
31 Facility - _
Ratio
3:2 . . .
33 Intertie Aquedudt. reaCh 1 ,._
. . .. .... - •
34 i ---- .-
35 - Santa Rosa Aqueduct 30. 0/59 . 2
. . . . _ . . . ,
36 . Petaluma" Aqueduct 19 . 7/59 . 2• -
37 SenoMa AqUeduct . 8 . 0/59 . 2
38 Forestville. Aqueduct 1. 5/59 . 2
39 .
.•
40 .
. .
41 . '
42 . Intertie. Aqueduct reaCh-2
. .
43 . - , -
_
44 . - Sante... I:cops :Aqueduct -30..,0/57 .'
45
Petaluma Aqueduct 19,7/57 . 7 '
46 Sonoma Aqueduct 8 . 0/57 .7
47 Forestville Aqueduct -0- I .
. . -
48 • .
I *
- 49
. .
. .
, .
.
A2-34
, ..•
• '
. .
. , 1 . -
ir'Cli
Itiv
, .
AquedUct !reach 3
.
'Santa Rosa Aqueduct 20 ,0/,4T. 7 -. '
. Petaluma Aqueduct 19- 7/47.. 7
Sonoma Aqueduct 8T0'47 . 7-
.porestville Aqueduct - ,0- . .
2nd pipellhe, gene-rally- paralleling Intertie Aqueduct,
reach 1', reach 2 and-reach 3'a
0
1 : Santa Rosa Aqueduct 6,4/5„5 . 8
2 ,Petaluma. Aqueduct 20:-. 9/55 . 8 •
3 Sonoma Aqueduct 6 :8[558
4 •FOrestville Aqueduct -
.5
-.6 2nd pipeline, generally paralleling Intertie Aqueduct,
.7 reach 3b and 3c
'.8 . _ Santa Rosa Aqueduct. , -
- - -
. Petaluma tal uma 'Aq,Aqueduct .. 20. 9/4 2-.4
Sonoma Aqueduct , HO-
21 -0-
22 '
, . .:.,.
l'orestvilre Aqueduct . ... .
'
23 ,
24_ . 2nd pip generally Paralleling Petaluma AqUedUct: fpoM its
..,_ . • - _ -- .
25 janctaioni with the Intertie Aqueduct' td-KastaniaReservdie •- •
26 . Ali
27 Santa 'Rosa Aqueduct
411
28 Petaluma Aqueduct. 20 . 9/38 ,8
29 . Sonoma Aqueduct .13-
30 • Forestville Aqueduct - -0-
31 -, _ . _
32
33 2nd 'pipeline, generally paralleling Sonoma Aqueduct
34 '
35' Santa Rdsa Aqueduct - -0= '
36 Petaluma Aqueduct -0'-
37 Sonoma Aqueduct
38 - Forestville Aqueduct -7°-
39
40 (These ratios are determined- with the allocations in section 4 . 7
41 of capital costs to North Marin, and with the foll6Wing,
42 allocations, to common.-facilitie :
43 . . .
44 2nd pipeline generally paraileTing; reaches 1, - 1 and 3a of
45 the 'Intertie Aqueduct: 12 ,8155 . 8
4.6
47 2nd pipeline generally paralleling reach 3b and 3c of the
48 Intertie Aqueduct: 12 .:8/42 . 4-
49 . '
50 2nd pipeline generally paralleling the Petaluma Aqueduct from Its
,
51 junction with the Intertie Aqueduct to -KaStania Reservoir,:
52 1-2-8/38 . 8) .
III
A2-35
•
- X11;
1 Co) All money received. by the Agency in payment of Intertie
�2 •', Aqueduct' R evenue Bonds; Charge-shall be deposited and paid .out as
3, set forth in Section 1: 7: and subdivisi`on (b) of section 4 . 1.
4 After mak-ing the payments required by section 1�-. 7•, Ordinance No •
5 1, and the Subordinated{ Bond Ordinance, remaining money ,received'
6 from the ,Intertie Aqueduct Revenue Bonds Charge may be disbursed -
7 from time: ;to time to pay pursuant to subdivision (a) of section
8 4 .9 the portions of the capital costs of the remaining
9 facilities; additional facilities and replacement facilities
10 which are also :aqueduct facilities that are not allocated to
11 - North, •Marin in section 4.17'. ' '
12 .
d
,;13 (d) If. at the' end of any fiscal year the ,balance in the Intertie
;14 Aqueduct Revenue 'Bonds f,und •is insufficient to meet said Revenue:
15 Bond obligations for• -the ensuing fiscal year_ attributed to the
16 Intertie Aqueduct, Agency will determine the deficits in the
17 payment received by it' for deliveries from -the Santa. Rosa,
18 • Petaluma, Sonoma and Forestville aqueducts respectively. Before
19 • August -1 'of the 'following fiscal year, additional charges for 4 • -
20 water 'delivered'„in•vamounts equal to .,the deficits with respect to . _
21 the Santa 'Rosa:and Forestville. aqueducts ,shall be. paid. ,by Santa I -
22 Rosa and `Forestvi-lle respectively., • Additional charges for water
23 . delivered in an .amount equal to the deficit with, respect to the
" 24 Sonoma Aqueduct shalt be paid by Sonoma and Valley of the Moon in
s'25 • the manner provided in ,subdivisidn•'.(d) of° section 4'. 5 -
`'26 • Additional charges for water delivered in an amount equal to the
2 deficit with respect to, the 'Petaluma Aqueduct shall be paid by
2 Rohnert Park, Cotati and Petaluma in the manner provided in
29 • subdivision (d) of section 4 6 excluding North Mann
3.0
31 I 4. 11 :Storage.. Facr1-iti-esLRevenue "Bbnds charge - 1
32 • 1
33 - •`; (a) IThe Storage Facilities Revenue Bonds Charge shall be a
34 uniform',annual chargep per acre foot' and, shall" be paid by all -
'35 " ; regular customers of the Agency for all water •delivered from the
36 Transmission System except, surplus water,, provided however, that
37 North, Marin shall not he 14-forth to• pay .any `Storage Facilities
3'8 Revenue 'Bonds. Charge if orth Mann maintains ,storage reservoirs
31 within its system witha°total capacity equal to or greater than
40 ' one and. one-half "times: the,. average daily volume of, water
41 delivered by the, Agency to :North +Marin .,during the previous July
42 ' with th'e ;highest_• water delivery to -North Marin_ •
4.3 ..
' 44 ' (b) The aggregate amount to be received by the Agency from the;.
45 Storage Facilities Revenue Bonds, Charge `for each, fiscal ,y.ear
46 shall: be .sufficient to produce water sale revenues to pay the
47 Agency 's Revenue Bond obligations for; such fiscal year (after
48' crediting, any projected payments to be made pursuant to
49 subdivisions, (e)' of sections 4..3 , ,4 4',, _4„'5 and 4 . 6) 'times the
50 percentage for storage facilities determined pursuant to I
51 subdivision (b) of section 4::9, and to produce .additional
• revenues in .amOLinth determined `from time T__o "time by the Water
A2-36 '
S
, .
.o.-04 fl,
Wo
. .
. ,
_
Advisory committee to pay the capital costs of storage facilities, . . .... .411
pursuant to subdivision (c) of thisSection.
(c) All money by the Agency in payment the 'storage
-
Facilities Revenue Bonds Charge Shall be deposited and paid out
as set forth in section. 1.7 , and subdivision (b) of Sedtdon 4 ..1.
After making the payments froththe ,storage facilities Revenue .
: Bonds 'fund required by section 3 .7 , Ordihance No l, and the
Subordinated Bond 'Ordinance, remaining money in said fund may be
O . disbursed from time to time to pay capital obSts, of remaining ' •
1 . facilities, additional facilities and replacement facilities that
2 also are .storage facilities, pursuant to section 4_9,-. - -
A (d) If at the end of any fiscal year the balance in the Storage '
5 facilities Revenue Bonds fund is insufficient to meet said
H6 Revenue Bond obligations for such fiscal year attributed to the
.7 storage, fciiiiles, each water contractor exaept NOrth Marin • .
.8 , will, before August 1, pay to the Agency an additional charge per
.9 , acre toot for all water deliVefed to it during the fisCal Year ..,
10' - : 'which addiional--charge when multiplied by all-SOre teet. SOld".to -: , :lc - • •
21
regular customers except North Mann shall be equal to said
22. deficit..
23 . . - . .
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24 4-. 12 Common Facilities' Revenue .BondS Charge .
_
25 .
26 (a) The COMMOn Facilities Revenue Bonds Charge shall be a
27 uniform -annual. charge per acre foot and shall be paid by all •:-
28 regular customers of the Agency except North Marin for all water
29 belivdred from the TransmiSsion .Stem except surplus, water. • '
30 . " .
31 (b) The aggregate amount to be received by the Agency from the
32 Common Facilities aevenue Bonds Charge for each. fiscalyeat Shall
33 be suffidienttdProduce- Water sale reVenues to pay the AgencY'e.
. , . _ .
34 Revenue' Bond oblations for Such :fiscal year (after-crediting , .- -,
35 any projected Payments to be Made pursuant to subdivisions (e) of
36 sections 4 . 3 /. 4.. 4, 4-.5 and 4 .,6) times the percentage for common
37 facilities determined pursuant to subdivision (b) Of- section4--9 .
38
39 (c) ' All money received by the Agency ih payment Of the Common
40 Facilities Revenue Bonds 'Charge shall be. deposited- and paid out
41 as set forth in section 1.7 and subdivision (b) of section 4-. 1.
. .- ,
42 After making the payments required by sectibnil ./„, Ordinance No
43 1, and the Subordinated Bond Ordinance, additional McineYrebeiVed -
44 from the Common Facilities Revenue Bonds Charge may be disbursed
- - - . ,
45 from time to time pursuant to subdivision (a') of section 4 .,:9 to ..
.
46 PaY, the portions of the capital costs of ±ethaining facilities,
47 additional facilities,. replacement facilities and, the Rotter' .
48 Valley Project that also are common facilities and that are not
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49 allocated to North Mann in section 4 .7 , and to satisfy the .
50 requirements of section-6c.04' of Ordinance-No. 1 if the amountjptt '
51 money received from the charge established by section 4 .2is
52 insufficient in any fiscal Tear.
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1 , (d) If at the: end bf •any ,fiscal year -the balance in the common . • .
40. facilities (Revenue BOnds fund is insufficient, to meet the
3 Agency ' s 'Revenue Bond obligations for such fiscal year on the
4 Revenuer' Bonda attributed to common facilities ,, each water
5 contractor except North MarinshaIlu before August 1, pay to the
6 Agency an additional ,charge per acre foot for water delivered to
, . . 4 ,
7 it during the fiscal Years, which additional charge when
8 multiplied by all acre feet sold to the water contractors shall
.,. ,
9 be equal to said deficit. I
'10 : . -- ' I -
'11- 4 . 13 North Barih ReventiecBOhds Charge
1
12 - . - 1
13 (a) The North Mann Revenue ,Bonds .,Charge shall be a uniform '
14 annual charge per acre foot and Shall, be paid by North Marin for
15 all water delivered to it from the Transmission SyStem except
16 surplus water, ' . .-
17- • _ .
18 (b) The aggregate amount to be received by the Agency from the
19 North-Marin Revenue Bonds Charge for each, fiscal year shall be
20 sufficient to produce water sale revenUearto :paY- trie Agency 's
. _ . .
21 Revenue Bond obligations for such fiscal year (after crediting
22 any projected payments toHbemade pursuant to subdivisions (e) of
- 23 % --sections 4 . 3 , 4 :4 , 4 b.:5 and 4A times the percentage for North
24 Mann' s capital costs deterMined pursuant to subdivision (b) of
25 • section 4 . 9 . ' • . • '
' 26 '
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2111 (c) All money received by the Agency in payment of North Marin ; .
,
: 2 ' Revenue Bonds Charge shall be deposited 'ancl:Paid out as set forth
29 in section 1.7 and subdivision (b) of section 4 . 1 . After making . .
,
30 - any payments required by section:1.7 , Ordinance .No, 1, and the
. -
' 31 : subordinated Bond -Ordinance, additiOnal money received from the :-
- 32. 'North Marin Revenue Bonds charge shall be deposited in the
33 separate account described. in, subdivaidh .(6) of section 4 . 8 .
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34 - - . , , _ .. ..-
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33"1---, - (d) If at the end of any fiscal year the balance in the separate
36 fund described in sUbdWision (c),-• ofSeCtion, 4 . 8 is insufficient ,
37 to meet the portion of the Agency' s Revenue Bond obligations for
38 such fiscal Year on- tneevenue Bonds attributed to North Mann' s
39 capital costs, North Marin' will, before August' 1, pay to the .
40 Agency an additional charge pet' acre. foot for water delivered to
41 it during the fiscal Year', which additional charge when
42 - multiplied by all acre feet sold, to North Mann hall be equal to .
43 . said deficit:. • . - .
. . . .
44 . . , .
45 (e) If any money received pursuant to the Common Facilities
.,
46 Revenue Bonds Charge 4s used pursuant to subdivision (c) of
47 ' section 3 .12' to satisfy the requirements of section 0 . 04 of
48 ordinance No 1, then the Niorth .Marin 'RevenUe Bonds Charge shala
49 be increased by the appropriate amount so. that North Marin paysj
50 its appropriate share of such requirements . ,
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(f) If North 'has not maintained Storage reservoirs Within
its system with at-least: the capacity rag/aired by subdivision (e) 410
of section 4 . 11, and if, as a result, -the Agency constructs
additional storage, then the North Marin Revenue Bonds, charge
shall be increased by an amount Sufficient to pay for the capital
costs or 'Revenue Bonds costs of such additional storage.
. .
4 . 14, Power Revenues • . .
; . • .
.. .
m • - " - All power from the Warm Springs Hydroelectric Project and
1 the Potter Valley Project shall be,applied to the operation of
.2 the Transmission System or Shah be gOld, as the Agency shall
froM tithe to time determine. All revenues arising from the .
_
.4 operation of these projects shall be treated the sameLasMPPY '
5 received from the Operation and Maintenance Charge and shall be
16 deposited and• paid -out as set forth .in Section 1. 7 and
:7 subdivisiOn (b) of section 4 .1.
-
:9 4 . 15 Payment for Surplus Water and:Water-SOid- To Marin. Municipal ' , I-
_ .. ,
'0
A- (a) The Agency will sell surplus water at a price per acre foot -
12 ofnob—l4sgtben 120% of the then current Operation- Arid '
13 Maintenance Charge: All revenue from the sale of surplus water . .
'4 shall betreated. thetsame. as money received, from the OPeration :
1 " • and Maintenance Charge and shall be deposited and paid out as set •
. ,
26 -1forth in section 1.7 and subdivision (b) of section 4'.. 1.
- -,
28 (b) Water delivered to Marin Municipal shall be sold at a per 411)
29 acre foot pribe that shall 'not be d'ess" than the sum, of .t4e
30 Operation and Maintenance Ohargedetermined"pureuant 'to section
31 4'.'2i the Russian River Conservation and Russian River Projects
32 Charges determined pursuant to section 4 . 17 , and a capitai
33 oharge. For the Third -Amended Offpeafc WaterSupplYHXgreement
. .
34: 7- dated January 2 , 1995 ,, or any amendment to that agreement:that
35 has been approved by ,the Water.-Advisory Committee, the bapital ,
- ___
36 al-large Shall: be the total of all charges paid to Agency bflarin
37 'MbniCiPal Minus the sum of the Operation and Maintenance y Charge
38 and the Russian River .Conservation and Russian River Projects
39 Charges.. For the Amended Agreement For The Sale of Water Between
40 the Sonoma County Water Agency and Marin. Municipal Water District
41 dated January '25k,-, 1996/ or any amendment to that agreement that
12 has been approved by the Water Advisory Committee, the) cepital
43 , charge shall be the charge established by paragraph b. of Section
.14 10 of that agreement. Any subsequent agreement' between the
45 Agency and Marin Municipal forthe'salecf water to be
46 transported through the 'TrensmiSsion, System pursuant to .Section ,
47 3 .'12 shall specify the capital charge that applies to this
48 section of this areement. All,mbhereceived, by the Agency from -
, - .
4.9 the 'Operation and Maintenance 'Charge on water sold to Mann
50 Municipal shall be credited to the operation and maintenance, .
51 fund. All money received by theAgenCy from the Russian River ..,_
52 Consermatibn and Ruesian RiVer Projects Charges -on water sold-to
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1 Marin- MUniciRal ahal-T *e credited " 0-the •Russisn River .projects - .
_AI, 'Fund and shall be used only for the purposes 'set forth in
. _.
3 subsection, (aa.,) of Sectioh. L. 1 - The balance of the money
4 received by the, Agency from water sold to Marin, Municipal shall
5 be deposited and paid out as, set forth in Section 1 . 7 , and
6 subdivision (b) of Section' 4 . 1 . Aftenhaking; the payments
7 required by- Section1:7 , Ordinance No 1 and the Subordinated i
8 'Bond Ordinance, additional. money received may be disbursed from
9 time to time-to pay the capital costs of storage facilities or 2 _
10 ' common' facilities authorized tole constructed in section 2 . 2 ,
_ la provided, however,-that only the money received from $31. 50 pen
12 acre foot of the ceptad charge (which rate is based on the '
, . ,. .
13 Agency ' s past and projected, future capital investment in storage ,
14 , facilities) may be use4, to pay the capital, costs- of new storage
15 facilities .
16 .
17 , 4 . 16 Minimum Paymentsrby Other Agency Customers -
18 •' . , _ ,
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19 Anything herein to' the contrary notwithstanding, the Agency
-20. will not sell zny -water• to. be- delivered.through the •Transmiseion .
21 System .(other than surplus water) to any other agency customer at
22 a total price per acre foot that is less than 120% of the highest
• 23* price per acre foot then currently being' psid, brany water
61-
24 \-- contractor, The respective components of said price shall be
25 credited to the' apPropriate fund referred to in abbdivision (a) .
26 ' of section 4 . 1 and the excess shall be credited to the aqueduct •
• capital fund fottthe aquedUCt- from WhiCh 'set-Vice -is taken_
429 - 4 . 17 - PaYmeht .of. Russian River Conservation Charge and Russian
f
.30 River Proiects charba.bv- korth-maiin: ...
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'.- 32A'r • ,In addition, to the other charges provided, for in this Part,
33 .. North Marin shall pay the following additional per-acre-foot
- 34 ' ' charge _
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36 (a) 'A Russian Riyer srt -shall be in lieulof
- COn e va.,_ion Charge ip_
.37 the property taxes levied by the Agency on property in Sonoma j
18 County, to pay the -Capital, operation and maintenance costs
39 associated with the Merin Springs, Sin project. The Russian River
40 Conservation Charge shall be a charge per acre foot of water.
41 delivered to NOrth; Marimhereunder,• except surplus meter. The
.., . . ...
42 charge Shell be determined annually on or before April, 30 .
43 preceding each fiscal year and shall, be payable by North Marin ,
44' during the ensiling, fiscal year The Russian River COnservation
45 s, Charge shall be determinedly ;multiplying the tax rate levied by
46 ' the Agency 'in the then current fiscal year to. pay the costs 1
, . -
47 associated with the Warm Springs Dam Project times the assessed
48 . value of secured and; ,unsecured property situatecln:thin Cotati)
49 , Pdtaluhai ,Roh'nert:Park,. .8anta -Rosa, Sonoma, Forestville and
50 Valley of the Mbon and dividing the product by the total number
51 of acre feet of water delivered to -Cotati,-petaluma, Rohnert 1 .
.
Park, Santa -1?oaaYs9P0Ma", TOrestville and Valley of the Moon
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pursuant to sect-ion. 3 . 1 aP4. 3). P duXing 'the twelve month Period . .Ask
ending on March 31,. all money received by the Agency from the
- III
Russiah River COnServation Chrga On watet sold .to North Marin
shall be credited to the Rassiah River Projects Fund and -shall be
used only for the purposes set forth in subsection: (aa) of .
section 1 ..1 . - .
; (b) A Russian, River Projects Charge shall be paid in, lieu: of the •
property taxes levied on property ir - qonoma County and other
0 agency general fund monies which are transferred to the Agency'S .
1 . Russian River Projects Fund and expended for the purposes
. ,
.2 enumerated in .subsection (aa) of section 1. 1, The Russian. River
.3 Projects Charge shall be effective on the first day of the first
'.4 tonth, f011owingthe effective date of this Agreement and shall
5 thereafter be detettined annually on or before April 30 preceding,
'.6 each fiscal Year and shall be RaYable by North matim; dUring the .
L7- ensuing fiscal year The Russian River Projects Charge shall be
'.8 deteltined by dividing the total amount of Agency monies expended "
9- . .ftom the Agency 's Russian River Projectsl-Fundin. the-pteceding . ----
20 - :- J..-ten ,fiscalyearei .exclusive of ..therfunde. contrithUtedt•Cytheeu -
21 by NotthYMetin',thd Marin MuhltipeliCatet-Disti,ibt, andciritereit,m fr.•
22 earnings attributable. to funds Contributed by North Marih and
23 . :Marin' Municipal 'Water DistriCt,-by_tthe sum of the total acre-feet
24 of water delivered by theagencyto -Cotati, Petaluma, Rohnert
. . -
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, .
25 Park, Santa 'Rota; Sonoma, Forestville and Valley of the Moon'''
26 pursuant to Sections 3-. 1 and 3 3 of this agreement during the
27 preceding ten fiscal years and multiplying the quotient by the
' 28 ratio that the assessed va_lue of secured and unsecured property
29 situated Within-Cbtati, Petaluma,: Rohnert Rark„:Santa Rosa?
30 Sonoma, Forestville and Valley of' the ,Moon. bears to the assessed
31 - value of all -'eecured and unsecured prbpetty withih[Sonbta, CounY,
. 32 provrded, 'however, inno event shall the Russian River Projects
. . - .
33 • 'Charge exceed .$20-;00 -perabre-focit. The Agency shall keep proper "..-. .
34 i books , -records: and- accounts in Which complete and accurate. -.
35 entries shall be made of all Agency general tundtonies,
36 transferred to the Agency' s Russian River Projects Fund an d .$1
37 expenditures made from the fund for the purposes set forth in
. 38 . subeedtiOn. (aa) of section 1.a. The Agency shall maintain a ,
39 separate acCouht within- the :RuSsian. RiVer Ptojecte FUnd tfOr ;
40 Russian River Pm-ejects Charges paid by North Marin and Mann
41 Municipal Water: District. Monies expended from the Russian River
42 Projects Fund shall be deemed to have rbeerCexpended from the
43 North Matin and Marin, Municipal Water District account in the
44 proportion- that.the balance Of-that account bears' to the total •
45 Russian River Projects Runclthalance at the end of the fiscal' year
46 quarter preceding the expenditure: All money received by t.h .
47 Agency frot, theRustian River Projects Charge on water sold to
48 NorthArin shall he credited to the Russian River Frojects' Fund
49 andshallthe used only for the purposes set forth in subsection
50 (ea) of section 1-1. .
51
52 ' - 01
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9 . 1`8 Billing and Time of Payment • '
2 - . - c .
3 •,
t Except as otherwise expressly provided herein, all charges . '
c payable--to the' Agency ,shall be billed each, month" and paid within
30 days after receipt of bill,. , Notwithstand1ng any !dispute
6 between the 'Agency and a water contractor-', such water contractor
7 will pay all its bills when due and shall not withhold all or any
8 part of any payment pending •the final resolution of such dispute.
9 If the resolution of the dispute results in a refund to the water
10 contractor, the Agency shall make such refund plus any interest
11 earned -by investment of the ,,disputed, funds ,as promptly as it is .
12 able to do, so,' consistent with its sineeting its Revenue Bond i.
13 obligations. - 1
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PART 5 .- WATER ADVISORY. COMMITTEE. ,
5 . 1. Purpose • -. •
(a) .There is '-hereby created the Water` :Advisory Committee. -
(b) The purpose of the Water Advisory• Committee is to, review, all
- proposals': set forth by the Agency'which ' involve ;a +significant, ,
)' Capital' outlay for the- Transmission System or: ,any ,other• project
0 which would =significantly .change the level. of service: or 4add. . .
-1 significantly-to the operations and ?maintenance expense_ of the:
12 Transmission `System or other ,expense to be borne- tiy the water
3.3 contractors;.L4
(5 5 .2 Powers
L6. -
17 Except e5 provided herein to the contrary, the power of':the _
18 . Water Advisory 'Committee is limited to that of collective
1_9 : spokeperson for the water contractors' `and shall be' advisory-only -
• 20 -: in nature. Nothing .shall preclude a.water_ contractor -from
J y
21 setting forth a° view +contrary to that. of, the ma of the `
2.2 Committee.. No action of the Committee limits or impairs any '
23 right or power :of any water contractor., ,
24 • . ..
- 25' ,W.3 Compbsition - - - -
26 - -
27 (a) The 'Water Advisory 'Committee shall bevcomposed of one. ..
28 representative selected by each water contractor, Each .water
29 contractor' s, representative'=will be allocated a weighted vote _.
30 proportiona'1 to the average' day any,month water delivery limit
31 set. forth' in• section? 3 .1(0 applicable -to' such water, contractor:`
32 An affirmative vote of said Committee shall require both of the
33 following: (1) the affirmative vote Of more than fifty percent',
34 (50%) of -the total weighted -votes as .defined above, 'and' (2)' the' -
35. affirmative vote :of ,at-least. five '(5) -representatives. I-f the -
36 Water Advisory 'Committee does not affirmatively-vote to approve
37 any matter before. it for a decision, then the ,matter shall be.
38 deemed not approved. The General Manager, of the Mann Municipal '
3;9 Water District, or his or her 'designated representative, may
40 'attend and participate, debate, ,express ,opinions and present
41 information at meeti
i ngs .of the Water Advisory Committee but shall
42 not have a vote. .
4.3 .
• 44 (b)• Annually, on'a date selected by the Water Advisory
45 Committee, the 'Committee shall elect one of its members to serve'
46 as chairperson for the ensuing fiscal year The chairperson may
47 serve aiiy number cot, consecutive `years provided that an election
48 is ''held each year Furthermore, the chairperson can be removed'
49 and replaced atany meeting called by five Committee members
49 '
0 provided all Committee members are notified in 'writing a minimum
.51 of five working, days ;prior to .the meeting. Vot=ing- for
52 chairperson shall be as provided in subsection (a) of this
A2=43
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1 ilk section - -
s (c) - Commencing with the first fiscal year following the
s -1 effective date of .this agreement, the Agency . hall include in its .
operating !budget,sthe amount of $30, 000 which the Agency shall
S. expend as the Water Advisory Committee directs for purposes
7 associated with the orderly implementation and operation of the
3.' provisions' of this agreement and other associated purposes deemed
3 appropriate ' by -the Committee. The annual amount may be fixed at
10 a higher or lower amount in subsequent fiscal years as determined
11, . by vote of the Committee pursuant to subsection (a) of this
12 section. The Water Advisory Committee shall decide which, if
13 any, consultant or consultants, firm or firms shall be hired to
14 carry out this work.
15
16 ,,
17 IN WITNESS WHEREOF, the parties have executed this
18 agreement on the date first :above written. -
19
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21'
22 SONOKk COUNT' , WATER AGENCY:
23
24 - -
25
2 By Date:
2
-28.._
29 ATTEST: -
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31
32
33 .
34 -
35 CITY OF COTATI
36
37
38
39 By: Date
40 Mayor"
41 - ` • -
4"2 ATTEST: • • - - `
43 -
44 -
45 Date: -
4.6. - City .Clerk I
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48' .
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CITY OF PETALUMA
l •
By: Date:
5 "Mayor •
7 ATTEST:;
3
3
10 •
11 'City Clerk'
12
13 •
14 CZT-Y OF ROHNERT PARK
15
16
17 - •.
18 By: Date:
19 • Mayor '
20
21 ATTEST': _ . . _ _ _
22
23
24
25 -City' Clerk .
2.6
27
28 -CITY. OF BANTA )R05A
29
30 •
n 32 By: - Date; -
33' Mayor'
34
35 ATTEST: •
36 . -
37
38 • - -
39 City Clerk '
40
41 .
4'2 CITY, OF' SONOMA
43 - -
44
45 By: .
46 - Mayor - - - -
47
48 ATTEST:
49
50
51
52 City Clerk _
VP•
A2-45 •
1 - FORESTVILLE COUNTY; WATER';•
DISTRICT Date:
4 -
5. . By:
6 ' ,President-
7' .
8 ATTEST':
9 .
10 .. • . .
11 •
' 12 Secretary -
13:
•
14
i5 NORTH MARIN WATER ' .
16 • DISTRICT - Date::
' 17 • .
18 .
19 - ;,'
21 ' - - 'President, ••
22 . - l
• 23 '
24' ATTEST:
25
26 . •
ISecr-etary-
3,0`
31 VALLEY" OF THE MOON WATER't
32 DISTRICT _ Date:
33.
34 :
•35
36 By: .
2.7 "Preid-ent .
38 - ,
' 09. ATTEST':'
40,,
41'
42, '
43, Secretary. .. .
44
cfb c\wpwtn\scwa\mwaa\zwcr_agr'.1.9`'
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_•Executive Summary Of he
_ • _
Eleventh Amended •Agreement for Water t:Supply
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. . Amended _
. . . 'The Tenth Amended AgreeMent tor' Water Supply and construction of the.
Russian Riyer-Cbteti Intertie (Tenth Amended Agreement) Wee! entered intoih
1974,A '
._ _ _
nd was last NoveMber,14, .1997. The Tenth Amended Agreement
prOyidea .:for .the.:finaficihg, conatrgption4, operation and maintenance of the
-. . ,
Water transmission system of the Sonoma County WaterAgenOY: (Agency) The
transMESSiOn system authorized by the Tenth Amended Agreement thav-thelcapadity _
to deliver and average of 92.6 million gallons of_water per dal? dUringthet
' peak demand month The Tenth imended .Agreement establishes apecifid.delivery
entitleMents for each ofthe-eight water contractors and authorized the
delivery of 14,300 acre-feet of water annually to Marin, Municipal Water
bistriOt "(MaripYliunicipal) ,at_a flow rate not to exceed 12.8' million gallons
of water per aa-iduitil the period from May through SepteMber, The • - ,
tranaMisaidn,-SYStem, Which is authorized consists of the Santa Rosa, -
,-,-_ - - - --
. Foreetyiliec ,PetalUma ;and• Sonoma Aqueducts, the Russian River-deiati Intertie,
water production capacity, emergency wells, transmission system storage, 7ehe- -
Warm Spfings hydroelectri project, water tretment facilities, and related
buildings and aPPurterianges. TheTenthAmended'AgreeMentestablishesHacWaters -.-
Adviddry3Committee. whose members consist of representatives o( the eight 'Water
contractors.
' .
• • .
The-TenthAmended Agreement also authorizes the, acquisition hithe.,
Potter Valley Project upon a.determinitioh :by the Board of DireCtors of the
Agency that Suchuacquidition is:nebessarY to insure the- Agencyrd continued
_,
ability to make the water deliveries authorized by the Agreement for Water
supply and upon the approval of 'the Wafer:Advisory Committee., It,authorides'
the Any,
gec , rather thanlacquiring the Potter Valley PrOjdOtito? Make annual
-, . . -- •
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payMente to the 'owner oithe ,ProjeCt to insure, the continued era
the the
Project provided suph-payments areannuaily 'approved.by;the Wifer,AdVisoty
Committee. , . . •
The Eleventh Amended ,Agreemeni for-Water SUpply:Aupersedes the Tenth'
..,..
Amended Agreement for Water Sdpply.Shddchatructibh of Russian.RiverrCotati,
Intertie. Project,, dated November-1 , 1997. The SIeventhAMended Agreement
obligates the Agency to ,(a) CrSbatrhcP'PrAcquire additions to the existing .• - .
transmission system sufficIent.tomest increaseddeliverY•Antitlementa
estafolishelThythe agreementtdenanle it to reliably deliver to each. Offhe
water contractors such entitlements and to :make. thetde1iveriet authorized to
be made to Mann Municipal by the agreement, (2) Construct additional Russian
River water production facilities (Uic to a total capacity, of 168,9 mgd) so
that the total water production capacity available at all times• is not lets,
than the average daily delivery to the regular customers and Mann Municipal
(excluding surplus water and water in excess of entitlements') Charing the month
of highest historicaloase:PlO ;0Hing4; (3) construct. emergency-wellsrWith
capacities which are from time to time determined by water Advisory • . .
Committee, (4) construct additional facilities (up to a total capacity of
174,8 million gallons) to the extent necessary to maintain a CilliantiYof'Mater
in storage *Taal to 1.8, times the average daily delivery to the reguIar',. .
hUSt6Mett.exCept WErth7Maiinduringthe month of highest historical use;, and
(5) replace existing facilities and construct additional facilities, related
buildings and appurtenances as necessary to insure the reiEable, and ,efficient
operittbhhf: the transmission system and to insure that the gUlality"ointhe
-Water delivered complies with all applicable state and federal meter quality , • .
requireMenta, •
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The bew deliVetyentitlements established by the Eleventh Amended • .
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Agreement are forth in the tablev •
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. . . . . . Average 'During! . During Any
Water Contractor . Month Fiscal Yr..,
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Santa Rosa . (excluding .
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From Reach 1 and 2 f - 'sur1:13,11s.
the Intertie Aqueduct ' 40:0 mgd . -water) .
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From the -Santa Rosa Aqueduct 40 0 mgd - .
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From the Sonoma Aquedildt - •
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MaXimum combined-total :
from all aqueducts ' - : 56,61 mgd 29,100 AF
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North Marin' . .
From Petaluma: Aqued .uct, _ .
1.9.19 .mcd 114, 100 AF 1 .
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Petaluma . ".
From Petaluma Aqueduct .
. ' .21:94gd. :. ' 13,400 AF
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Rohnert Park , . ,._ '• ,
From Petaluma Aqueduct. (1,r,
Reach 3 of Intertie Aqueduct 15;0 mgd 7, 500 AF
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. ' FrOM Sondm&Aquedutt: ' - 85 mgd - 3,200 AF [
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From Sonoma Aqueduct . 6:3 mgd, 3,000 AF
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Cotati ' . • -Th . - I.
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From Petaluma. Aqueduct
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Reach 3 of Intertie Aqueduct- )-.8 M134‘ - 1, 520 AF ,
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Forestville s.:dellvery ent“itlement remains, unchanged at a 1.5 mgd 1
average per month: The delivery of water taken` byliorth Marin cannot exceed a . • :
rate of more than 19.9,mgd1 during more than 14 days any month, nor a rate ..
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of more than 20.9 mgd during any day of any month. • I -
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ties authorid bY thetieventh Amended Agreement
include an aqueduct generally paralleling the Intertie Aqueduct; an aqueduct
generally parallelingtheth ISAtt of the Petaluma Aqueduct from the v
Intertie Aqueduct to Eastania Eebervoir,. an aqueduct generally paralleling the
Sonoma Aqueduct, an aqueduct connecting the RaWana Springs and Ralphine
.reservoirs, transmission line pumping plants.:necesSarY to regulate flows to
storage 'facilities; 55;•E Million ,gallone .6f,d4difibii-dl ,Eloorva-fr storage, 5E.9
mgd of additional,Jaussian; River water production capacity; water-treatment '
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facilities; and graundWatek Ciells-•
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The Eleventh? Amended Agreement becomes effective upon' its execution
all the parties And remains in effect until June 30, 2036, or, if any revenue
-bonds .-ar e/ou. tstanding' on June 30, 2036, until such date as all fei_enue bonds
shall have been paid in lull: The EleVenthAthendedAgreeMeht provides that
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te Agency shall enter. into reneWal ,agreemebta for periods not exceed forty
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years each with any or all of the water (contractora,requestingthe same for . •
water supplies within the4deliVetytapabklitieS Citthe AgencY11s,:transmission
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system, at a cost no greater than Agency's operatiOh• and maintenance costs
and UnreiMbursed capital costs allocated on a proportionate use tasis.
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, M_ The EleventhgAnieyded 'Agreement requires the water
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contractors, and' with
respect to other Agency customers, the' Agency, to. im plement or use- their best'
efforts to secure -the •implementation of urban water conservation best
management- practices as=`the same may .be established by the California, Urban'
Water Council„ or shall implementor use their best efforts to secure the .
implementation of alternative water, conservation measures that secure at Yeast '
the same level:of water savings- The water contractors and jAgency .must also
implement cr use their—beet 'efferts: to secure theiimplementation of anywater ,
conservation. requirements that' may be added as terms or conditions of they
• Agency's♦ appropriative •water rights permits or licenses,; or with which the
Agency must comply under compulsion of regulation: or law. Should the-_Water - - `
Advisory-'Cominittee determine and so notify any water contractor that ;its -
effort s; to achi�eve. :compl'�i'ance with the: required water conservation practices; -
areunsatisfactorT,• then such contractor must• bring its water conservation,
program into Compliance within sixt,months' after, such notice,, or within such
additional time 'as'may-,be granted--by the Water, Advisory committee. Shoul4.
such water contractor s-noncompliance as• determined by the Water Advisory,
Committee; �continue for` six months :after such notice of-'noncompliance; or , .
beyond such additional time as maybe granted by the Water• Advisory Committee,
then the' water contractor must thereafter pay a surcharge on all water,.
delivered! by the Agency pursuant to the Eleventh;-Amended Agreement equal.`to • .
ten percent`of,'the operation• and ,maintenance charge until the Water Advisory, -
committee determines that such water bontractor is in compliance.. • - 1
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rib c:\wiTan\ec.+a\m+aa\�+rraiiam_++p •
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CEQA ENVIRON_ME.NTAL.ANALYSIS
FOR THE
•
ELEVENTH AMENDED AGREEMENT FOR WATER SUPPLY
. °ry
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Prepared by
.'' ' Erica:Phelps 'I ,,,:
Environmental Rea dourcesCoordina.tor'
-. Michelle Julene:..- - •
Senior.Environmental.Specialist
- • August;-2000` • - • _
•
•
•
. EISO� A
W-TER•
acrNC51 - •-•
SONOMA COUNTY WATER AGENCY '
• 2150 West College Avenue
•Santa Rosa,,CA 95401'
• • • (707)•526-5370 - . • - • .
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TABLE OF CONTENTS
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INTRODUCTION 1 •
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• BACKGROUND.....,....:.....................................:........... ... . .... ... .. ... . ................... 1 .
Russian River=Cotati Interne Project • _ 1
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, Water-Supplwaricl Transmission Systeth Project 2
- SUMMARY OF-THEELEVENTH AMENDED-AGREEMENT FOR VVATER'SOPPLY-............. 3 - ._
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- TIIIE,ELEVENTH AMENDED AGREEMENTANDTHE CALIFORNIA ENVIRONMENTAL
'QUALITYACT......................................................................................................................... 4 '
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CEQA Requirement for Subsequent or Supplemental Environmental Document ........:.' :.......4
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- Changes to the'Project ..
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:Changes ill Project Circumstances. or New Information Related to the project
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S INTRODUCTION . ' , . • - _
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The Sonoma County Water Agency (Agency) is preparing to proceed with the Eleventh
Amended Agreement' for Water *•SUpply,'.(Eleventh Amended .Agreernerit). The Eleventh • -n
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Amended Agreement wadi&reyiee:the existing.water supply agreement-between the Agency
and. . I
and.reight cities' and water districts' collectively referred to as the "water contractors "1 The .
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purpose of the EleVehttt. Amended Agreement. is to update the language,cof the existing
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agreementto implement the Water?Supply and Transmission System Project, approved by the
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Agency's Board of'Directors in,1998. The revisions to the agreement would reflect the water
' conservation savings, annual and monthly delivery limits, and expansion of the water .
transmission system identified as elements of the Water Supply and Transmission System
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Project. The Eleventh Amended-Areement would provide authorization to finance, construct,
- -.operate; and Maintain:Waterfaupp19arid transmissiOnf,System-Jabilities necessary to.:reliably
_••..._. ,- - . . • -, ..- . . • .- .., ...:. 1 = . - ...
deliver water to Agency customers at an average 61'1418:9 Million gallons per day (mgd) during
the peak month, plus 20 ifigd.;61:rstandbY'capadity.
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This report describes the !revision t included in the Eleventh- Amended Agreement,] its
relationship to the Water Supply and Transmission -.System Project; identifies- previous ..
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environmental documents•that disaiSS'potential environmental impacts related lathe.EleVenth-
.• . • ..--_- - _
• - - -- Arnended-AgreeinehtHand evaluates whether ar'sdlosequent, or SupPlemental, ElFt, or Other
environmental document„ ii required pursuant to the California Environmental' Quality 1Act
(CEQA) prior to.prOcaeding-TWitn'the Eleventh AM endedAgreement. - -
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BACKGROUND I •
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RussianRiVer-Cotati Intertie Project . . . .,
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The Tenth-Amended,Agreement for Water Supply and,Construction of the Russian Riyer-Cotati
IntertieProject (Tenth Amended Agreement) was.,etecUted-in 1974 and most recently amended
in 1997. The Tenth Amended Agreement iprovides the :aUtflority for the financing land
construction of water diversion-facilities,.transrnissfbn pipeliiieS,:storage tanks, booster purnps, -.
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and:appurtenant facilities necessant to deliver water fad,NgehOy: buStornefi' at an average of 92 • s.
• mgd during the peak month, Plust20mgdi,ofiStandby capapity,,-. - 1
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1. The water contradtorsthifeistiof the cities Of Cbtati, Petaltithi;_Rehriert Park Santa and Sonoma; and the .
Forestville, North:MarieLand Valley of theiMeeri water7distriets,
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The-environmental impacts of. providing.water under the. Tenth Amended Agreement were
analyzed in .the. Russian.;River-Cotati Intertie Project EIR (1974 !EIR) The 1974 EIR was
prepared'by the:Sonoma County Water Agency;, in accordance with CEQA and.analyzed the
general°(program-level) irtipabte.associatedsWith the construction operation, and: aintenance6f
diversion and ,pumping facilities, pipelines, and storage; tanks: for the Agency's water
transmission;system., In addition; the 1974 EIR;:discussed', and analyzed alternatives„growth-
inducing•impacts; and other impacts.. The project was approved by the Agency's:Board of -
.Directors on July 29, 1974, by Resolution:No. 45673:
The 1974 EIR provides the=foundation;of environmental impact analysis for any projecti,carried
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out urfder the Tenth Amended Agreement because,it addressed the:general•impacts associated
. with the distribution of an..average of,..92t mgd d`unng the; peak month to customers in the '•
Agency s servicetarea; and'provisionof 21:1,tngd of standby;capacity":-.. . ' ;' •
• • Certain transmission system,facilities (Collector No 6, portions of the Kewana Sprmge.Pipeline;_
and the Kawana ,Springs Booster ,Pump Station)-.authorized under the 'Tenth Amended'
Agreement remain to beconstructed, arid would therefore remain to be constructed under the"
. Eleventh Amended rAgreement. The 1974 :EIR will;continue, to provide:-the, foundation of -.
environmental impact analysis for any project :identified' as,"an element ,of•the Russian
Cotati Intertie project''and needed to meet existing demand (92,mgd plus'20 mgd".ofrstandby.
capacity), until such time as all elements of•the Russian River-Cotati;Intertie Project have been •
constructed.
Water'Supply and Transmission System Project
In December 1998 the Agency's; 'Board.. of Directors approved the 'Water "Supply and
Transmission System Project (WSTSP):. The objective of the WSTSP is to iprOvide a safe;
• economical,,and reliable water supply to;meet•the defined future needs 'in theAgencJs service
area There are three.components which will achieve:this objective; 1),water• conservation,,2).
the increased use of:water stored in Lake Sonoma and diverted from the Russian"River, and 3)
the expansion and revised operation of the ,existing transmission system:, At the time the
WSTSP was approved the Board of Directors directed the General Managerof theAgency"to
take steps necessary to 'complete the WSTSP including. modifying the Tenth; Amended
Agreement td reflect the 'changes. 'resulting from The WSTSP:, The 'Eleventh 'Amended
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... Agreement reflects -these: changes atid. implements the WSTSP.. Once executed, it will •
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supersede the _thelTenth Amended,Agreemeht, l -• - " . .
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The environmental impacts that tould result from the revisions proposed l under the .Eleventh.
Amended Agreement were analYzed:Mfthe Water Supply and Transmission System Project EIR
(WSTSP EIR).2 The WSTSP EIR was prepared; by the Agency in accordance with CEbA, the •
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CEQA Guidelines, and the Agency's Procedures for the Implementation ofCEQA. The WSTSP
EIR,addressed the general„(program;level) environmental„Impacts of providing a water supply
over an extended period Offline, and.Site-spe6ifibll(prbjedtsleVel) impacts of certain diversion and •
transmission system facilities that would be needed in the immediate'future. In addition,. the
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WSTSP EIR discussPdk@r10.-anOSI4edalternatiVesc„groWth irripaCteand.cumulative impacts:The
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. - - WSTSP -EIR lwas certified byr.thew Agency'S Board of Directors on November 17, 1998, by .
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- Restitution 98-1423,..and the project WesrapproYed. on uecember 15, 1998, by Resolution No.
98-1614._
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The WSTSP EIR provides the foUndatibn, of .environmental_irnibact analysis for any project ,
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carried out under the Eleventh Amended Agreerhent because it addressed the general impacts
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associated with the implementetion:orWater,cbrisebiationlirneaUres to achieve savings of 6;600
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acre-feet per year the provision of up to 101,000:acre-feet of water per year distribution of '
_ water to Agency customers at an eVerageOfil49,rrigd during.the.peak.month (plus 20 mgd of . . ..
:. • - standby•capacity),-and,lexpansiomofthetransinissioh:.SyStem tol..rheet these delivery limits. The . . . ..".
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WSTSP BR will continueIcy4pEovide the foundation of environmental impact analysis for any
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project identified as "an element of the Water'Supply and Transmission System Project: and
• needed to meet future demand (1491-ngdlThlife20 mgd of standby^capacity), until such time as all .
• elerhents Oflthe vysTsp,haVe..lbeeh donstrticted.
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SUMMARY OF THE ELEVENTH!AMENDED AGREEMENT FOR WATER SUPPLY
The Eleventh Amended Agreement;would-prov*:puthorization; t-.) finance, Construct, .operate,
and maintain water sUPOIY'-anditraharnitsiorraystem facilities necessary to reliably deliver•water
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to Agency .customers, at an average of 14819 mgd during the peak month, plus 20 mgd of
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11 - 2 irythe,WSTSP EIR;liege 4 1 5„the Eleventh Amended.Agreement was identified as the "Agreement forMater
supply:and,Expansion.of the Russian River Water Transmission Systemiriand was referred totthroughbut the Elftas
the"proposedrAgreamentiorwater-Suriply," . -
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standby capacity. The Eleventh Amended Agreement would include revisions to reflect the •
water conservation:savings, annual and monthly delivery limits, and expansion of the water . •'
tran smission>,system`identified as elements of the WSTSPI These revisions"includes
• -.Implementation of water .conservation measures to .achieve required savings of 6,600:
• acre=,feet rier year
• Annual delivery limits
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Monthly'delivery9imits atan average of 148.9 mgd the peak.month;, • •
Expansion of the existing water transmission system capacity from 92 mgd:to 148.9
• mgd„ plus 20 mgd of standby capacity,. with the construction of water, production or
diversion facilities„ pipelines; water storage tanks, :booster pump stations, and/or other
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facilities necessary to reliably deliver an average of 14819`mgd'Iduringthe peak.month
- • Allocation of costs among the,'water contractors for expanded transmission system, •
• facilities
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• - THE' ELEVENTH AMENDED' - AGREEMENT AND".. THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT'
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CEQA Re wrement for Sbse uentorSupplemental.Environmental Document
The purpose of this Environmental Analysis is"to evaluate .the need prepare aysuti—equent or
supplemental4EIR, or°any other environmental document, prior,to proceeding'rwith the:Eleventh
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,Amended A�reement. •'The circumstances under which a subsequent:EIR is re wired. are - •
- descnbedlin.Title 14 ofthe California,Code of Regulation (CEQA Guidelines) Section 15162(a): '-
When an 'EIR has been certified or a negative, declaration adopted for a project„,no
subsequent_EIR shall be,prepared'for thatproject unless the lead agencydetermines, on •
the basis of„substantial 'evidence' in light of the whole record, one or`more- of the,
following`
1) Substantial changes are,proposed'in`the project which will,require majorrevisions of
• the iPreVieus. E/R;or Negative.Declaration due to the involvementaofnew significant -
environinental effects or a substantial increase in the:severity of previously identified.
significant effects;
2f Substantial'changes occur with respectilto the circumstances under which''the project.
is ;undertaken which•will 'require major revisions of the previous,EIR dr'Negative,
,'Declaration due to the:involvement; of new significant` environmental. effects, or-a
• 'substantial,Increase in the severity of previously identified significant ;or
3) New information ofrsubstantial•importance wffich was not.known,and could.not have
been known with the exercise of reasonable diligence at the time tffe Ørevious ElF •
was certified as complete orthe'Negative.Declaration was.adopted and shows any of
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iliefollowing: •
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A) The project will have one or more significant effects:not discussed in the
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_ previous EIR`or,Negative=Declaratioh
. ,8) Significant effects previouslyfexamined,will.be substantially more,severe
" than:sfown'in the-previous EIR. -
The circumstances, under which a supplemental 'EIR IS required are described in Title 14 of
California Code of Regulation (CEQA,Guidelines) Section 15163(x):
The:lead, or responsible agency may choose to prepare a supplement to an EIR rather d
.than a subsequent EIR:if-" . -
- (1) Any"of the conditions described in Section:15162 would require the preparation
of aAsubsequent EIR; and
(2) Only minor additions or changes would be necessary to make the previous EIR
adequately applytothe proiectfn?the,chenged'situation.
. Because• the WSTSP EIR addressed all .of'the environmental impacts associated with the
- Eleventh' Amended:;Agreement the; 'determination, oft whether any further environmental
document,is"necessa , is�limited to the:,staridardstset•forth,in Sections 15162(a) and 15163(a) of ..
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the CEQA- Guidelines: The environmental 'analysis presented in ithe following sections
discusses whether a subsequent or ;supplemental environmental. document is necessary to
comply-with CEQA,,pursuent to Sections 15162(a) and 151,63(a) of the CEQA Guidelines.
Changes to the Project: - - -
The WSTSP EIR identified the•need-to revise the Tenth Amended Agreement to reflect the
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changes resulting from the WSTSP, and -described; the types of revisions that would be
expected. The revisions included,.in. the Eleventh. Amended Agreement are consistent with '
those described in the WSTSP;EIR: Proceeding with the Eleventh,Amended Agreement'would
not change the+WSTSP'in any.;way, but us-one of;the steps that must:be taken to implement the
.previously approved„WSTSP, "
' As stated in the 'WSTSP EIR,3 the expanded_transmission; _system-facilities .that. would be .
Agreement 1 pecific "
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(pro"ect level) env ronmental review pursuant<to CEQA Th s"fact will not change easla relsult of
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proceeding with the;Eleventh;Amended;Agreement.. .
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3 WSTSP EIR, pageA 36 - •
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Because•the Eleventh,Amended Agreement result in a change to the WSTSP, no'new
• significant environmental effects.or a.substantial increase in,the severity of previously identified •
significant effects Will 'occur as a result of the Eleventh .Amended Agreement Therefore, a
•subsequent or,supplemental EIR is not required prior to proceeding,with•the Eleventh Amended
Agreement. -
Changes inProject Circumstanc es,or'New'Information•Related to the.Project
In September-1999, •after completion.of the;WSTSP-EIR, the National Marine !Fisheries Service
(NMFS) listed the northern California coastal Evolutionarily Significant Unit (ESU) of chinook•
salmon (Oncorhynchus;tshawytscha) as threatened under the federal EndangerediSpecies Act
(ESA), in a geographic range that includes the Russian River and its tributaries;(64 FR}50
September'16„ 1999).'-This raises the questionof whether of chmook salmon,could'be•
consideredto constitute either a'Change-in,the circumstances under=which;the`"WSTSP"will'be 4
undertaken, or new information that was not known,and,could not have;been;known at1he time
- the'WSTSP DR.'was certified. As discussed below, the:WSTSP will.not "result in'a significant
adverse impact to chinook.salmon and the;:listing does not Change; that- fact, 'therefore, 'a • • '- , •
subsequent or supplemental,ER is hat:required: ,
The WSTSP EIR included'. an evaluation of:potential impacts to all identified:fisheries resources'
and special-status aquatic species including steelhead;=coho salmon,'and chinook?salmon: At
the time th"e WSTSP'ER was certified',.,both the central California'Evolutionarily Significant Unit.,
(ESLly of steelhead;(Oncorhynchus mykiss) and'the•central California coastESU•of coho salmon
(.Oncorhynchuskisutch) were listed as threatened'under-the federal.Endangered Species Act in
a;,geographiarange that includes the Russian River and its tributaries. Although chinbbk salmon.
was` notlisted at-the time:the WSTSP FIR.was certified, the proposed listing was identified in •
• sub-chapter 5.6 of the WSTSP EIR, "Fisheries Resources,"51 and the evaluation of potential•
impacts to chinookssalmontook'the potential"federalllisting into consideration
NMFS also recently.proposed to list chinook salmon throughout'its range in California„
• Oregon, Washington,.and•Idaho, and to;designate critical habitat under the.ESA: NMFS .
•will likelymake a:decision (regarding listing]in early 1999. .
4'Fisheriesiresources include fish, amphibian, and speciel•status aquatic species: Special status species are those
species afforded;protection'under the federaliorCaliiomia'Endangered:Species Acts (including listed; proposed,:and
candidate species),CEQA;Fish and?Game.code;•or other regulations!and guidelines. .I
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CONCLUSION
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4°. Because the Eleventh Amended Agreement simply ,implements and does, not 'change the
previously approved VVSTSF'„ no new significant environmental effects or substantially more
severe effects than those previously described in the VVSTSP EIR would occur. The federal
listing of chinook salmon will not result in any new significant adverse impacts or more severe •
impacts to fisheries resources not discussed in the WSTSP EIR, and is not the ?type of new
information or change in project circumstances that would require the preparation of a
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subsequent or supplemental EIR.. Therefore, a subsequent or supplemental EIR, or other
environmental document, is not required pursuant to CEQA prior to proceeding with the
Eleventh AMended Agreement.
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