SEVENTEENTH AMENDMENT TO AGREEMENT REGARDING

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
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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:
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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;
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and that it is in the public interest and in the interest of sound
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groundwater
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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.
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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.
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total amount shall be allocated among the plaintiffs as follows:
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City of Riverside
8,047 AF
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Meeks
1,209 AF
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Riverside Highland Water Co.
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Regents of University of
California
&
Daley Water Co.
662 AF
82 AF
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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.
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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
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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.
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19
B .
President
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By:
~~ ~/f~=nt'~-
WESTERN MUNICIPAL WATER DISTRICT
OF RIVERSIDE COUNTY
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Page
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