2 FIFTEENTH AMENDMENT TO AGREEMENT REGARDING ADDITIONAL EXTRACTIONS FROM THE SAN BERNARDINO BASIN AREA 3 This 4 Fifteenth Extractions Amendment Additional 6 entered 7 District, 8 Municipal Water District of Riverside County, 9 "WESTERN". between the The San hereinafter called San Agreement 5 into from to Bernardino Bernardino "VALLEY Valley DISTRICT", Regarding Basin Area Municipal and the is Water Western hereinafter called RECITALS 10 On December 22, 1981, the parties hereto entered into an 11 12 Agreement providing for 13 Bernardino Basin Area by or on behalf of the City of Riverside, 14 and by later amendment also the Riverside Highland Water Company, 15 upon the terms and conditions specified therein. 16 said Agreement provides that it may be amended with mutual consent 17 of the parties in writing, 18 amend said Agreement to provide for increased extractions for the 19 calendar year 2000 only. 20 21 22 additional extractions from the San Paragraph 8 of and the parties desire now to further A G R E E MEN T NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 23 24 25 26 27 28 Page 1 1. Definition of Additional Extractions. As used herein, 2 the term "additional extractions" means any 3 extractions of water by the plaintiffs in the action described in 4 Paragraph 5 excess of the amounts permitted by the Judgment 6 and with 7 action, 8 total 9 replenishment obligation. 2, on page respect to 1 of entities the December 22, other than the 1981 Agreement in in such action; plaintiffs in such the term means any extractions of water in excess of the amount water of that can produced be without any Temporary Surplus. 10 2. 11 It is agreed that there is an existing temporary surplus of 12 natural groundwater supply 13 Bernardino 14 Jacinto 15 exists; that there is a need for dewatering measures in the area; 16 and that it is in the public interest and in the interest of sound 17 groundwater 18 such area be increased as provided herein. Basin Area; Fault, a that localized resources in the artesian in the Pressure condition management that of zone Zone elevated production of the San near the San water of levels water from may make Additional Extractions by Plaintiffs. 19 3. 20 During the calendar year 2000, the plaintiffs 21 additional extractions from the San Bernardino Basin Area for use 22 within Western in the aggregate amount of 10,000 acre-feet. 23 total amount shall be allocated among the plaintiffs as follows: 24 City of Riverside 8,047 AF 25 Meeks 1,209 AF 26 Riverside Highland Water Co. 27 Regents of University of California & Daley Water Co. 662 AF 82 AF 28 Page 2 Such Provided, that 2 plaintiff in 3 underpumping of additional extractions by one or more of the other 4 plaintiffs, so 5 plaintiffs does 6 allocations are in proportion to plaintiffs' 7 the safe yield of the San Bernardino Basin Area. 8 4. 9 Plaintiffs. 10 During in the Watermaster's excess long of as not the allocation aggregate exceed Addi tional the its 10,000 year pumping may be additional by 2000, by any offset by pumping acre-feet. Extractions calendar accounting, The by all individual respective shares of Enti ties entities Other other than than the II plaintiffs may make additional extractions from the San Bernardino 12 Basin Area in the amount of 25,778 acre feet, 13 of 14 determined in proportion to their share of the safe yield of the 15 San Bernardino Basin Area. 16 in 17 additional extractions, 18 water, 19 Santa Ana River Watershed. the total 35,778 Paragraph X of 20 the provided that 5. Paragraphs and acre feet Judgment to such irrespective of the place of use of such and Paragraph VI X 22 delivery 23 Western 24 made 25 the 26 Paragraph X of 27 Right or additional extractions, in apply to the The Western Adj usted or replenishment Judgment Area The Paragraphs V during periods covered by this, Agreement. Service Replenishment. provided not not be exported outside the Plaintiff Limitations 1981 shall such water may not shall extractions, apply 21 Judgment additional The replenishment obligations provided Western V limitations of which is their share and Right Delivery service VI area of the extractions any prior, amendment to obligations provided in shall not apply to Adj usted irrespective of the place of use 28 Page 3 of 2 such water, provided that no water can be exported from the Santa Ana River Watershed. Use in Calendar Year 2000 Only. 3 6. 4 Additional extractions are permitted hereunder for 2000 only. 5 If not made in full or in part in 2000, they do not carry forward 6 or give rights to make any additional extractions in future years. Other Terms and Conditions. 7 7. 8 This Fifteenth Amendment supersedes Paragraph 2 on page 4 of 9 the December 22, 1981 Agreement, and any prior amendments thereto 10 or provisions thereof which are in conflict with this Amendment. II All other provisions of the 1981 Agreement shall remain in effect. 12 Extractions 13 authorized under the Fourteenth Amendment for delivery of water to 14 the Orange County Water District. 15 16 DATED: made under twf'iif I~ this , Amendment are in addition to those 2000. ~~~~ 17 VALLEY DISTRICT 18 19 B . \ 20 21 By: 22 23 WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY 24 25 26 27 28 Page 4
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