SEVENTEENTH AMENDMENT TO AGREEMENT REGARDING ADDITIONAL EXTRACTIONS FROM THE SAN BERNARDINO BASIN AREA 2 3 This 4 Seventeenth 5 Additional Extractions 6 entered 7 District, 8 Municipal Water 9 "WESTERN". into between hereinafter Amendment from the The San called to San Bernardino Bernardino "VALLEY Agreement Basin Valley DISTRICT", District of Riverside County, Regarding Area Municipal and the is Water Western hereinafter called RECITALS 10 On December 22, 1981, the parties hereto entered into an II providing for additional extractions 12 Agreement 13 San Bernardino Basin 14 Riverside, by 15 Water Company, 16 Paragraph 8 of said Agreement provides that it may be amended with 17 mutual consent of the parties in writing, and the parties desire 18 now provide 19 extractions for the calendar year 2001 only. to and further Area later upon the amend 22 or amendment terms said on behalf also of the City Riverside Highland and conditions specified therein. Agreement to for increased NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 24 25 26 28 of the 23 27 the A G R E E MEN T 20 21 by from SBVMWD LEGAL DOCUMENT 1765 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 6 and with 7 action, 8 total 9 replenishment obligation. 2, on page 1 of the December 22, 1981 of the amounts permitted by the Judgment respect to entities other than Agreement in in such action; the plaintiffs in such the term means any extractions of water in excess of the amount of water that be can produced without any Temporary Surplus. 10 2. 11 It is agreed that there is an existing temporary surplus of groundwater supply in the artesian zone of the Zone near the 12 natural 13 San Bernardino 14 San Jacinto Fault, 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; that in the Pressure a localized condition of elevated water levels resources management that production of water from may make Additional Extractions by Plaintiffs. 19 3. 20 During the calendar year 2001, 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 10,000 exceed Additional the its Extractions calendar accounting, year pumping may be additional 2001, any offset by pumping acre-feet. by by 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 Paragraph 35,778 X of the provided that Paragraphs 21 Limitations 22 delivery 23 Western 24 made ~ Agreement. 26 of 27 additional extractions, the additional and Judgment VI shall not apply X not Service Replenishment. apply covered to by Adjusted this Area The Paragraphs V in to such of such be exported outside the Plaintiff provided shall periods extractions, irrespective of the place of use Paragraph limitations during of The replenishment obligations provided Western V 5. Judgment feet such water may not 20 and acre which is their share service and Right amendment Delivery VI area of the extractions to the 1981 The replenishment obligations provided in Paragraph X Western Judgment shall not apply to Adjusted Right or irrespective of the place of use of such 28 Page 3 water, 2 provided that no water can be exported from the Santa Ana River Watershed. Use in Calendar Year 2001 Only. 3 6. 4 Additional extractions are permitted hereunder for 2001 only. 5 If not made in full or in part in 2001, 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 Seventeenth Amendment supersedes Paragraph 2 on page 9 of the December 22, or 1981 provisions Agreement, II Amendment. 12 remain 13 addition 14 delivery of water to the Orange County Water District. in effect. to those provisions of Extractions made authorized are under in prior thereto other which any 10 All thereof and the conflict 1981 amendments with this Agreement shall under this Amendment are the Sixteenth 4 Amendment in for 15 DATED: February 7, 2001. 16 17 18 19 B . President 20 21 22 23 24 By: ~~ ~/f~=nt'~- WESTERN MUNICIPAL WATER DISTRICT OF RIVERSIDE COUNTY 25 26 27 28 Page 4
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