HomeMy WebLinkAbout00-142RESOLUTION CONDITIONALLY APPROVING
STATE WATER CONTRACT AMENDMENT NO. 15
WHEREAS, the State Department of Water Resources (the "State"} and the County of Butte
(the "County") have entered into and subsequently amended a Vb'ater Supply Contract (the "Water
Supply Contract"), providing that the State will supply certain quantities of water to the County, and
providing that the County shall make certain payments to the State, and setting forth the terms and
conditions of such supply and such payment; and
WHEREAS, the Water Supply Contract provides that changes in Table A entitlement are
permissible under Article 7(a) if such changes do not impair the financial feasibility of project
facilities: and
WHEREAS, the State has found that such revisions by the County will not impair the
financial feasibility of Project facilities and that the County should be allowed to make subsequent
increases or reductions in its annual entitlements; and
WHEREAS, the County's Table A entitlement for the year 2001 is presently 27,500 acre
feet; and
WHEREAS, the County has indicated to the State that it is unable to afford to pay for 27,500
acre feet of water in the year 2001; and
WHEREAS, the State previously proposed Contract Amendment No. 15, which reduced the
County's 'T'able A entitlement for the year 2001 from 27,500 acre feet to 3,500 acre feet; and
WHEREAS, the Board of Supervisors approved Amendment No. 15 at their meeting on
August 8, the Chair of the Board signed the agreement on that date, and it was immediately delivered
to the State; and
WHEREAS, the Board of Supervisors of the County is aware ofthe recent decision by the
California Court of Appeal, Third Appellate District, in Plunning and Ct~nservatic~n League et ul.
v. Depurtment of Water Resources et al., C024576M, in which the Court found that the
Em-ironmental Impact Report prepared for the Monterey Agreement was inadequate; and
WHEREAS, subsequent to the Board of Supervisors' approval of Amendment No. l 5, the
State revised Amendment No. 15 to reflect the above referenced decision by the Califon~ia Court
of Appeal; and
WHEREAS, several years ago, pursuant to the Monterey Agreement, the State instituted a
new rate management system which included an annual Urban Rate Reduction Credit for "urban"
state water contractors, including the County; and
WHEREAS, the State has previously estimated that the County tivill receive the maximum
Urban Rate Reduction Credit in the year 2001; and
WHEREAS, the County of Butte Department of Water and Resource Conservation has
calculated that the County of Butte can afford to purchase 3,500 acre feet of water for the year 2001,
based on an assessment of in-County water demands and the State's previous estimation of the
County's maximum Urban Rate Reduction Credit for the year 2001; and
WHEREAS, if the County does not receive from the State the County's maximum Urban
Rate Reduction Credit for the year 2001, as previously estimated by the State, the County will not
be able to afford to pay for 3,500 acre feet of water in the year 2001.
NOW, THEREFORE, BE IT RESQLVED, that State Water Contract AmendmentNo. 15,
reducing the County's Table A entitlement for the year 200 ] from 27,00 acre feet to 3,500 acre feet,
is hereby approved, contingent upon the County receiving from the State the County's maximum
Urban Rate Reduction Credit in the year 2001, as previously estimated by the State.
PASSED ANll AllOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 14th day of November 2000 by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NnES: None
ABSENT: None
NOT VOTING: None ~
JADE DOL:AN. Chair
I
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative Officer
and the Clerk of the Board of Supervisors
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