2 This Fifteenth Amendment to Agreement Regarding 5 Additional

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