HomeMy WebLinkAbout1985-083
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RESOLUTION NO.
85 83
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AGREEMENT TO PRODUCE ADDITIONAL WATER
FROM THE ARTESIAN ZONE OF THE SAN BERNARDINO BASIN AREA AND FOR
REIMBURSEMENT OF COSTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorizied and directed to execute for and on behalf of
the City of San Bernardino an agreement among the San Bernardino
Valley Municipal Water District, the Western Municipal Water
District of Riverside County, the Orange County Water District,
the City of Riverside, and the City of San Bernardino to produce
additional water from the artesian zone of the San Bernardino
Basin area and for reimbursement of costs, a copy of which is
attached hereto as Exhibit -1-, and incorporated herein by
reference.
I HEREBY CERTIFY that the foregoing resolut~on was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at an adiourned reaulilI1lleeting thereof, held on the
7th
, 1985, by the fOllowing vote, to
day of
r1arch
wit:
AYES:
Council Members Ct!.ntf-lncda, Reill"''''-. Hernandez.
Quiel, Frazier, Strickler
NAYS:
None
Council t,1ember Mal-};.:n
ABSENT:
~dY~/?IJ~d$:b
/ CITY CLERK
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The foregoing resolution is
Harch
, 1985.
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Approved as to form:
!
I /~g II~~/
II City ttorney
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-2-
, .-
AGREEMENT TO PRODUCE ADDITIONAL WATER FROM
THE ARTESIAN ZONE OF THE SAN BERNARDINO
BASIN AREA AND FOR REIMBURSEMENT OF COSTS
AGREEMENT made this 25th
day of February, 1985, among the
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT (hereinafter
called "Valley District"), the WESTERN MUNICIPAL WATER DISTRICT
OF RIVERSIDE COUNTY (hereinafter called "Western"), the ORANGE
COUNTY WATER DISTRICT (hereinafter called "Orange District"), the
CITY OF RIVERSIDE (hereinafter called "Riverside"), and the CITY
OF SAN BERNARDINO (hereinafter called "San Bernardino").
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RECITALS
1. Valley District and Western are parties to the Judgment
entered April 17, 1969, in the case entitled "Western Municipal
Water District of Riverside County ~ East San Bernardino County
Water District et al.", Riverside Superior Court No. 78426
(hereinafter called the "Western JUdgment"). The Western
Judgment limits the amount of water that can be exported from the
San Bernardino Basin Area for use within Western. It further
limits extractions that can be made for use within Valley
District without providing imported water for replenishment.
However, Paragraph VI(b)6 of the Western Judgment also allows the
Valley District and Western to enter into agreement for
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additional extractions as provided therein.
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Production and Reimbursement Agreement
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2. Under the Western Judgment, the Court also has
2 continuing jurisdiction to provide for increases or decreases in
3 the extractions of any particular party because of emergency
4 requirements, and also to exercise continuing authority over
5 other matters not specifically set forth in the Western Judgment
6 but which occur in the future and would be of benefit to the
7 i parties in the utilization of the surface and groundwater supply
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8 i described in the Western Judgment, provided that any such action
9 may not be inconsistent with the respective rights of the
10 parties.
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3. Recently, the groundwater levels in the Artesian Zone of
12 the San Bernardino Basin Area have risen to, or nearly to, the
13 surface of the ground. The recurrence of the high groundwater
14 table has caused basement flooding and damage to buildings,
15 pavement, and sewer lines, and in the event of an earthquake may
16 create a threat of ground liquefaction and constitutes and serves
17, as a threat to public health, safety and welfare in the Artesian
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18 Zone. Said high groundwater table must be lowered in order to
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protect life and property in the area, to promote groundwater
resources management, and to make efficient use of the water.
4. On October 19, 1983, Valley District and Western entered
into an agreement entitled "Agreement for Temporary Additional
Extractions from the San Bernardino Basin Area" (hereinafter
called "Temporary Additional Extraction Agreement"). The
Temporary Additional Extraction Agreement relates only to the
natural water supply of the San Bernardino Basin Area, and the
alleviation of the high groundwater problem by allowing
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Production and Reimbursement Agreement
1 additional extractions of water by the parties from the Artesian
2 Zone. Execution of the Temporary Additional Extraction Agreement
3 did not prevent the parties from executing additional agreements
4 or undertaking alternative measures to solve the problem. The
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present Agreement is such an additional agreement and provides
alternative measures to alleviate the high groundwater problem.
5. On June 27, 1984, an order was signed in Superior Court,
County of Riverside, modifying the Western Judgment by approving
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the Temporary Additional Extraction Agreement between Valley
District and Western and allowing temporary additional
extractions of water from the San Bernardino Basin Area.
However, no water was extracted pursuant to the order, or under
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the terms of the 1983 agreement.
6. The situation of high groundwater levels in the Artesian
Zone has become more urgent, and poses a severe threat to public
16 health, safety and welfare. There is an immediate need to
17 encourage production of additional water during the winter and
18 spring months when demand for water decreases and production
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19 I lessens. Therefore, the parties desire to provide for an
20 emergency program during the first six months of the year, ending
21 June 30, 1985, to permit additional production of water from the
22 I Artesian Zone, and to provide for reimbursement of production
23 costs. The parties contemplate that Orange District will
24 I reimburse the cost of additional prOduction at times when the
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25 I water is approved for delivery by Orange District but that
26 additional production may be made at other times as well at the
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Production and Reimbursement Agreement
1 expense of other parties in order to alleviate the problem
2 conditions.
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7. This Agreement relates only to the natural water supply
of the San Bernardino Basin Area, and the alleviation of the high
groundwater problem by allowing temporary extractions of
aaditonal water from the Artesian Zone. Nothing herein shall
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affect the right of the Valley District or of the State to
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recapture State Water Project water.
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8. Recognizing the emergency nature of the situation in the
10 Artesian Zone, Western and Valley District are willing to
11 implement this program as soon as this Agreement is executed, but
12 intend to seek an immediate modification of the Western Judgment
13 to incorporate its terms and obtain court approval.
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COVENANTS
17 Based upon the foregoing facts and in consideration of the
18 mutual covenants of the parties, it is hereby agreed as follows:
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19 9. Amount of Water Subject to Temporary Additional
20 Extraction. The parties agree that the amount of water in the
21 Artesian Zone of the San Bernardino Basin Area subject to
22 temporary additional extractions pursuant to this Agreement is in
23 addition to any extractions made under the agreements described
24 in Paragraph 22 and in addition to the extractions permitted
25 I without replenishment under the Western Judgment. Such
26 additional water needs to be removed in order to lower the
27 I groundwater table in the area to acceptable levels.
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Extraction
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Production and Reimbursement Agreement
and transportation of the water may be accomplished through the
facilities of any existing company, city, district, or other
agency within Western or Valley District. Extractions permitted
under this Agreement shall be in addition to those allowed from
the San Bernardino Basin Area under the Western Judgment, and in
the case of Valley District, in addition to the amounts which may
be extracted therefrom without replenishment obligation. The
parties agree that the amount of temporary additional water which
may be extracted from the San Bernardino Basin Area Artesian Zone
pursuant to and during the term of this Agreement shall be
unlimited. Such extractions and exports shall be excluded from
the Watermaster's determination regarding compliance with the
terms of the Western Judgment or its determination regarding the
need for replenishment.
For purposes of determining the amount of temporary
additional water extractions, any water produced for discharge
into the Santa Ana River pursuant to this Agreement shall be
temporary additional water. With respect to water extractions
under the Western Judgment which are not discharged into the
Santa Ana River, the production from the San Bernardino Basin
Area during the first six months of the year, ending June 30,
1985, shall be accounted for by the Western Judgment watermaster
as follows:
(a) Riverside
Any production during the first six months of the year,
ending June 30, 1985, which will cause Riverside to exceed its
annual right to deliver 49,542 acre-feet of water to areas
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Production and Reimbursement Agreement
1 outside the Valley District, and its annual right to deliver
2 1,427 acre-feet to the San Bernardino Basin Area shall be counted
3 as temporary additional water rather than production under these
4 rights.
5 (b) Other Plaintiffs
6 Plaintiffs other than Riverside may request the option to
7 participate in this Agreement. Each such plaintiff may take
8 temporary additional water for its own use during the first six
9 months of 1985, and to the extent such use exceeds its base right
10 for the year, the amount in excess of the base right shall be
11 I counted as temporary additional water. Each participating
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plaintiff will agree to maximize production from the Artesian
Zone to the extent possible before relying on other water sources
available to it which are physically capable of serving the same
area.
(c) Entities Other Than Plaintiffs
Any production during the first six months of the year,
ending June 30, 1985, which will cause extractions from the San
Bernardino Basin Area for use by entities other than plaintiffs
under the Western Judgment within San Bernardino County to exceed
the annual amount of 167,238 acre-feet which can be produced
without any replenishment obligation shall be counted as
temporary additional water rather than production for which
replenishment is required under paragraph VI(c) of the Western
Judgment.
10. It is the intent of this Agreement to maximize
production of water from the Artesian Zone by Riverside.
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Production and Reimbursement Agreement
Therefore Riverside agrees that it will make maximum utilization
of its production capacity in the Artesian Zone to meet its water
requirements during 1985 before utilizing its other available
sources of water, unless there are areas within its service area
which cannot be serviced from San Bernardino wells. The parties
agree that if Riverside extracts less than 49,542 acre-feet for
use outside the Valley District or 1,427 acre-feet for use within
the San Bernardino Basin Area during 1985 the amount of such
under extractions shall not be available for extraction by
Riverside in a subsequent year, notwithstanding any provision of
the Western Judgment to the contrary.
11. The term of this Agreement is for the first six months
of the year, ending June 30, 1985.
12. Monitoring of Groundwater Levels
Monitoring Wells. The following wells have been selected to
monitor ground water levels within the Artesian Zone:
State Well Minimum Water Ground Surface
Well Name Number Level Elevation
A.R. Trailer Ct. ls4W11HOl 975 Feet MSL 1051 Feet MSL
Mecham IN4W35L02 975 Feet MSL 1129 Feet MSL
Mill & liD" St. lS4WI0N06 960 Feet MSL 1001 Feet MSL
EVWD Well 11A IS4W02Q05 970 Feet MSL 1055 Feet MSL
16th & Sierra Way IN4W34G03 980 Feet MSL 1136 Feet MSL
Valley District shall take such water level measurements in these
wells as may be necessary to properly administer this Agreement.
An average yearly water level shall be determined for each of
these five wells, based upon the monthly averages for each such
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Production and Reimbursement Agreement
1 well. In the event that (1) the yearly average in any three of
2 the five wells should fall below the minimum water levels
3 provided for in this Paragraph, or (2) the yearly average in any
4 three of the five wells should drop more than 15 feet in any
5 year; then no further additional water shall be extracted, and
6 the provisions of this Agreement shall be suspended.
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13. Production Ex Riverside or Other Plaintiffs Within
Western District
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(a) Orange District shall determine, on a day-to-day basis,
whether the water to be extracted by Riverside, or other
participating plaintiffs with production facilities in the
Artesian Zone, as provided for herein, is usable by it in its
replenishment spreading activities within Orange District and
Riverside shall use its available and unused system capacity to
discharge said water to the Santa Ana River.
(b) All water extracted and transported by each producer
shall be measured prior to discharge to the Santa Ana River by a
method of measurement acceptable to the parties hereto.
(c) Each producer shall read the meters at least weekly and
at the end of each month. A monthly statement of the amounts
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extracted and transported to the Santa Ana River which have been
determined by Orange District to be usable by it at each point of
discharge shall be sent to Orange District by the lOth day of
each succeeding month.
14. Production by City of San Bernardino
(a) Orange District shall determine, on a day-to-day basis,
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whether the water to be extracted by San Bernardino, as provided
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Production and Reimbursement Agreement
1 for herein, is usable by it in its replenishment spreading
2 activities within Orange District and San Bernardino shall use
3 its available and unused system capacity to discharge said water
4 to the Santa Ana River.
5 (b) All water extracted and transported by San Bernardino
6 shall be measured prior to discharge to the Santa Ana River by a
7 method of measurement acceptable to the parties hereto.
8 (c) San Bernardino shall read the meters at least weekly and
9 at the end of each month. A monthly statement of the amounts
10 extracted and transported to the Santa Ana River which have been
11 determined by Orange District to be usable by it at each point of
12 discharge shall be sent to Orange District by the 10th of each
13 succeeding month.
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15. Production by Other Existing Producers Within Valley
15 District
16 (a) Orange District shall determine, on a day-to-day basis,
17 whether the water to be extracted by Valley District, and other
18 entities which have agreed to extract water, as provided for
19 I herein, is usable by it in its replenishment spreading activities
20 within Orange District.
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(b) All water extracted and transported by each producer
22 shall be measured prior to discharge to the Santa Ana River by a
23 method of measurement acceptable to the parties hereto.
24 (c) Each producing entity shall read its meters at least
25' weekly and at the end of each month. A monthly statement of the
26 amounts extracted and transported to the Santa Ana River which
27 have been determined by Orange District to be usable by it at
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Production and Reimbursement Agreement
each point of discharge shall be sent to Valley District by the
10th day of each succeeding month.
16. Reimbursement for Costs of Production by Orange
District
(a) Reimbursement to Riverside: Orange District shall
reimburse Riverside its extraction and transportation costs for
water extracted by Riverside as determined by Orange District to
be usable by it, and in accordance with the following schedule:
1) $30.00 per acre-foot for the first 8,000 acre-feet.
2) $23.00 per acre-foot for each additional acre-foot.
(b) Reimbursement to Other Plaintiffs Within Western
District Producing Water from the Artesian Zone: Orange District
shall reimburse other Artesian Zone producers within Western
which have agreed to extract water pursuant to the terms of this
Agreement for such water as Orange District has determined is
usable by it in accordance with their costs, as determined
individually by a method acceptable to Orange District and the
producing entity.
(c) Reimbursement to Valley District and San Bernardino:
Orange District shall reimburse Valley District and San
Bernardino for extraction costs for water extracted by San
Bernardino and other existing producers within Valley District as
determined by Orange District to be usable by it at the actual
energy cost of such pumping, but not less than $11.00 per acre-
foot, for water deliyered into the Santa Ana River near the
Bunker Hill Dike in San Bernardino County. Out of the sum due
from Orange District to Valley District and San Bernardino,
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Production and Reimbursement Agreement
1 Orange District shall first reimburse Valley District for any
2 amounts theretofore paid by Valley District to San Bernardino or
3 others pursuant to paragraphs 17 or 18 hereof (whether or not
4 such extraction was approved for reimbursement by Orange
5 District) and shall pay the balance to San Bernardino. Amounts
6 to be paid to Valley District by Orange District shall be paid by
71 issuance of a credit memo by Orange District crediting Valley
8 District with payment in the amount indicated, to be applied on
9 the Valley District's existing indebtedness to Orange District,
10 and not by cash payment.
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17. Reimbursement of Costs of Production by Valley District
12 and San Bernardino
13 Valley District and San Bernardino agree to share the cost
14 of production of temporary additional extractions of groundwater
15 made at the request of San Bernardino as follows:
16 (a) Water extracted by Riverside at San Bernardino's request
17 I shall be paid for by San Bernardino at $23.00 per acre-foot.
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(b) For water extracted and transported to the Santa Ana
River by San Bernardino pursuant to this Agreement whether or not
approved for reimbursement by Orange District, Valley District
shall pay San Bernardino one-half the actual energy cost of such
pumping.
(c) For water extracted and transported to the Santa Ana
River pursuant to this Agreement by other producers whether or
not approved for reimbursement by Orange District, Valley
District shall pay one-half the actual energy cost of such
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Production and Reimbursement Agreement
pumping and San Bernardino shall pay the remaining one-half of
such cost.
(d) In no event shall Valley District's obligation to pay
for production of temporary additional extractions of water or
other costs pursuant to this Agreement exceed the sum of
$50,000.00.
18. All capital costs incurred by Riverside to deliver
temporary additional extractions of groundwater from the Artesian
Zone into the Santa Ana River near the Bunker Hill Dike in San
Bernardino County shall be paid for 50% by San Bernardino and 50%
by Valley District except that such capital improvements shall
not be undertaken without approval of plans and cost estimates by
San Bernardino and Valley District.
19. Place of Use
Notwithstanding any provision in the Western Judgment,
additional water may be used, or sold for use, anywhere within
the Santa Ana River watershed. The replenishment obligations
provided in Paragraph X of the Western Judgment shall not apply
to the use of additional water, irrespective of its place of use.
20. Place of Extraction
21 In order to produce the maximum impact upon high groundwater
22 ,! levels, additional water may be extracted only from the San
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23 Bernardino Basin Area Artesian Zone.
21. Limitiation Upon Acquisition of Rights
25 This Agreement is not intended to and shall not change or
26 I affect any provision of the Western Judgment, or any rights or
27 I obligations granted or imposed thereunder, and shall not create
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Production and Reimbursement Agreement
1 any new rights to extract groundwater from the San Bernardino
2 Basin Area, except for the temporary extraction of additional
3 water as provided herein. None of the parties hereto, nor any
4 one making extractions pursuant to this Agreement, or purchasing
5 or using additional water, shall claim or acquire any new or
611 added rights, or any continuing right, to extract or export water
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from the San Bernardino Basin Area.
The parties hereto shall
require any person extracting or purchasing water pursuant to
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this Agreement to specifically agree to be bound by the foregoing
terms (as well as the remaining provisions of this Agreement) and
to waive any claim to establish rights to water arising from the
extraction of additional water as contemplated herein, and the
parties shall insert provisions to that effect in any agreement
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entered into with others to implement this Agreement. Nothing
herein shall affect the right of any party to seek a
redetermination of the safe yield under the Western Judgment.
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22. Prior Agreements
Three prior agreements relate to additional extractions from
19 the San Bernardino Basin Area. These agreements are all dated
20 December 22, 1981, and are among: (I) Western and Valley
District; (2) the Valley District, San Bernardino, and Riverside;
and (3) the Valley District and San Bernardino. Riverside may
extract its full entitlement allowed under these said prior
agreements and it shall pay for such water pursuant to the terms
and conditions of these said prior agreements. Extractions made
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pursuant to the prior agreements shall not be accounted for under
the terms of this Agreement.
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Production and Reimbursement Agreement
23. Approval of Court
The parties to the Western Judgment shall submit this
Agreement to the Court for approval under its continuing
jurisdiction in the case of "Western Municipal Water District of
Riverside County ~ East San Bernardino County Water District et
al.", Riverside Superior Court No. 78426, as soon as possible,
and no later than March 15, 1985, and court approval shall be
obtained no later than March 30, 1985, or this Agreement shall
then terminate.
24. Orange County Judgment
Nothing in this Agreement shall affect the rights and
obligations of the parties to the Judgment in "Orange County
Water District v. City of Chino et al.", Orange County Superior
Court No. 117628, and credit shall accrue at Prado and at
Riverside Narrows for adjusted base flow as provided in said
Judgment, including any additional base flow resulting from
extraction of additional water provided for herein, but by reason
of the emergency conditions affecting the public health, safety,
and welfare, Orange District shall not be in violation of the
provision in Paragraph 5(d) of said Judgment enjoining it from
"pumping, producing and exporting or directly or indirectly
causing water to flow from upper to lower area" by reason of its
participation in this Agreement or payments pursuant hereto.
25. Termination
25 This Agreement shall terminate and be of no further force
26, and effect on June 30, 1985.
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Production and Reimbursement Agreement
IN WITNESS WHEREOF the parties have executed this Agreement
as of the date indicated above.
Directors
SAN BE
WATER
VALL Y MUNICIPAL
By:
ATTEST:
ry, Board of Directors
APPROVED AS TO FORM AND
;;;=~J. ~
eral Counsel
WESTERN MUNICIPAL WATER DISTRICT
OF RIVERSIDE COUNTY
By: ~,,~~~ }-':/?
~~president, Board of Directors
APPROVED AS TO FORM AND
EXECUTION:
~ 7. /}ltJfftad.
General Counsel
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Production and Reimbursement Agreement
ORANGE COUNTY WATER DISTRICT
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By:
ATTEST:
NUl /V}.~
Secretary, Board of Directors
APPROVED AS TO FORM AND
::~~~~
CITY
By:
ATTEST:
~ r:1&v-
City Clerk
AND
Directors
"dZfn~
ATTEST:
~i<?1V?,v ~k.;\ /
<3"i ty lerk
APPROVED AS TO FORM AND
EXECUTION: , {/
&J~~
C ty A orney
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