September 12, 2013 BACKGROUND Peace Agreements I and II implemented changes to storage accounts. Watermaster currently has Supplemental water storage agreements on file with Appropriators for “Quantified” water (2001; 93,862 AF) and MZ-1 (“New”) water (2001; 32,500 AF), and with FWC and Niagara for “Preemptive Replenishment” water (2011; 20,000 AF and 6,000 AF). There are currently no active agreements for Appropriator recharged recycled water, Appropriator Excess Carryover water, and Non-Agricultural Local Storage water. Water in each account continues to be accurately tracked through the Assessment Package each year. PRE-PEACE I AGREEMENT Individual Appropriator Storage Accounts Local Storage POST-PEACE I AGREEMENT IMPLEMENTATION (CURRENT METHOD) Individual Appropriator Storage Accounts Excess Carryover Supplemental PEACE I / PEACE II CALLED FOR: Individual Appropriator Storage Accounts Excess Carryover “Quantified” Local Supplemental Storage: • Placed in Basin on or before 7/1/00 • Quantified at 93,862 AF on 7/1/00 • Can be reduced, but not increased • Excluded from maximum limit Supplemental “New” Local Supplemental Storage: “New” Local Supplemental Storage: • Placed in Basin after 7/1/00 • Placed• Cumulative in Basin 7/1/00 max ofafter 50,000 AF • Includes MZ-1 recharge water • Original max of 50k • Includes recharged recycledAF water(new max of 100k AF) • Includes MZ-1 recharged water • Includes recharged recycled water • Includes FWC and Niagara Preemptive Replen. REALLOCATED STORAGE VOLUMES (AS OF 7/1/2012) Individual Appropriator Storage Accounts Excess Carryover = 209,981 AF Supplemental = 116,138 AF “New” Local Supplemental Storage: “Quantified” Local Supplemental = 57,414 AF • Placed in Basin after 7/1/00 • Cumulative max of 50,000 AF • Includes MZ-1 recharge water • Includes recharged recycled water “New” Local Supplemental = 58,724 AF (including recycled recharged water and FWC and Niagara Preemptive Replenishment) FUTURE STEPS Schedule for addressing Watermaster issues, including storage, will be discussed with the Board an Pools beginning in September and October New Supplemental Storage Agreement Applications: First come, first serve? For actual water in storage or for a reservation of right for storage? Master Storage Agreement? Does the supplemental storage limit remain at 100,000 AF? Losses are 2% for all Parties? Or at a higher rate for some? Peace II states: “…a uniform loss against all water in storage in an amount of 2 (two) percent where the Party holding the storage account: (i) has previously contributed to the implementation of the OBMP as a Party to the Judgment…or in lieu thereof they have paid or delivered to Watermaster ‘financial equivalent’ consideration to offset the cost of past performance prior to the implementation of the OBMP and (ii) promised continued future compliance with Watermaster Rules and Regulations.” QUESTIONS? EXPIRED AGREEMENTS There were many storage agreements that were renewed by the Peace (I) Agreement through 2005, and then again by the Peace II Agreement through 2010. They state: 8. Term. This agreement shall continue in effect for five (5) years unless terminated by order of the Court pursuant to its continuing jurisdiction. The rights herein granted to Storage Party may be reduced or terminated by order of the Court upon motion of Watermaster if it is shown that a substantial portion of the capacities hereby set aside and reserved for Storage Party are and have remained unused or are otherwise operated contrary to the requirements of Section 2 of Article 10 of the California Constitution regarding the conservation of water resources for beneficial use. Any water in storage at the time of termination of this Agreement shall remain to the credit of Storage Party for subsequent recapture in its normal operations, i.e., termination of the agreement shall affect termination of the right to place water in storage but shall not impair the integrities of water theretofore stored or the right to recapture the same. REALLOCATED STORAGE VOLUMES (AS OF 7/1/2009) Individual Appropriator Storage Accounts Carryover = 42,794.580 AF Excess Carryover = 101,907.555 AF Supplemental = 84,866.870 AF “Old” Local Supplemental Storage: “New” Local Supplemental Storage: • Placed in Basin on or before 7/1/00 • Quantified at 93,862 AF on 7/1/00 • Can be reduced, but not increased • Excluded from 50,000 AF max • Placed in Basin after 7/1/00 • Cumulative max of 50,000 AF • Includes MZ-1 recharge water • Includes recharged recycled water “Old” Local Supplemental = 61,000.966 AF “New” Local Supplemental = 23,865.903 AF (including recycled recharged water)
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