HomeMy WebLinkAboutMendocino County Russian River Flood Control and Water Conservation Improvement District 2015-07-15CblK 140 - I S16 - 069
AMENDMENT TO
WATER SUPPLY AGREEMENT
THIS AGREEMENT, entered on " uti" 1 , 2015 ( "Effective Date ") between
the City of Ukiah (hereafter "Customer ") and the Mendocino County Russian River Flood
Control and Water Conservation Improvement District (hereafter "District "), amends for a
one year period only, the Uniform Water Supply Agreement ( "Water Supply Contract ")
between Customer and District, dated November 2, 2004. Except as expressly amended
by this Agreement, the Water Supply Contract remains in full force and effect between the
parties, unless further amended in the future by mutual agreement of Customer and
District.
Customer and District agree as follows:
1. Due to the severe drought and its impact on other customers of District, including the
Redwood Valley County Water District ( "Redwood ") which have severely limited water
rights, Customer agrees for one year only, from January 1, 2015 to December 31, 2015
( "2015 Water Supply Year ") only to divert or use 400 Acre Feet ( "Unused Allocation ") of
the 800 Acre Feet of Project Water it is authorized to divert and use under Section 1 of
the Water Supply Contract ( "Customer's Project Water Allocation "), except as otherwise
specifically provided in this Agreement. It is recommended by the City that the Unused
Allocation be directed to Redwood Valley County Water District as was recommended by
City Council on July 15, 2015.
2. Notwithstanding Section 2 of the Water Supply Contract, Customer shall have no
obligation to pay District the fees required by Section 2 of the Water Supply Contract in
the 2015 Water Supply Year for the Unused Allocation.
3. Notwithstanding Section 8 of the Water Supply Contract, Customer's failure to divert or
use all or part of the Customer's Project Water Allocation in the 2015 Water Supply Year
shall have no effect on Customer's right to divert and use such water in compliance with
the Water Supply Contract in years subsequent to the 2015 Water Supply Year.
4. (a) If, at any time during the 2015 Water Supply Year, Customer, in the sole
exercise of its discretion, determines that it has insufficient water under its independent
water rights to supply the demand on its water system, it may divert and use Project Water
up to the amount it is authorized to divert under Section 1 of the Water Supply Contract,
reduced by (1) any curtailment imposed by District in the 2015 Water Supply Year on all
of the District's customers and (2) the amount of the Customer's Project Water Allocation
which has already been diverted or used by Redwood prior to the date the Customer gives
District written notice that it will be diverting and using the Customer's Project Water
Allocation. The notice will be deemed given when the District receives the notice by email
or fax or when the City deposits the notice in the U.S. Mail. If the Customer diverts and
uses any portion of the Unused Allocation, it shall pay the fees required by Section 2 of
the Water Supply Contract for the amount of such water used.
(b) Customer shall reduce demand on its water system by the amount required by
the Water Resources Control Board before using Customer's Project Water Allocation,
subject to Customer's determination that Redwood has reduced demand on their water
systems to the same extent. District shall use other Project Water to the maximum extent
reasonably feasible to supply Redwood before using Customer's Project Water Allocation.
5. The parties acknowledge that their performance under this Agreement could be
preempted in whole or in part by state agencies with jurisdiction over the exercise of water
rights or the operation of public water systems.
6. Execution and Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
IN WITNESS WHEREOF the Customer and District have entered this Agreement on the
Effective Date.
MENDOCINO COUNTY RUSSIAN RIVER FLOOD CONTROL AND WATER
CONSERVATION IMPROVEMENT DISTRICT
ATTEST:
Clem oft e Board
DISTRICT:
CITY OF UKIAH
ATTEST:
errs hiAL
City Clerk
By:
Board President
Reviewed as to form by
By:
District Counsel
By:
By:
Reviewed as to form by CITY:
City : orney
A/Cr