HomeMy WebLinkAbout01-127RESOL[JT[ON CONDIT[ONALLY APPROVING
STATE WATER CONTRACT AMENDMENT NO. 16
WHEREAS, the State Department of Water Resources (the "State'') and the
County of Butte {the "County") have entered into and subsequently amended a Water
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 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
WI~IEREAS, 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 Countys Table A entitlement for the years 2002, 2003, and
2004 is presently 27,500 acre feet; and
WHEREAS, the County has indicated to the State that it is unable to ai~ord to
pay for 27,500 acre feet of water in the years 2002, 2003 and 2004; and
WHEREAS, the State previously approved Amendment No. 15, which reduced
the County's Table A entitlement for the year 2001 from 27,500 acre feet to 3,500 acre
feet; and
WHEREAS, the Board of Supervisors of the County is aware of the recent
decision by the California Court of Appeal, Third Appellate District, in f'Icrnning crt~~cl
t'orrse~r-~atiorr 1 ecz~,rtrc~ cat cal. ~~. I)c~~~cz~~~n~E:nt of Wczte~• IZescnrt~ees cat czl., CO2457bM, in
which the Court found that the Environmental Impact Report prepared for the Monterey
Agreement was inadequate; and
WHEREAS, Amendment No. 1 S was made in consideration of the above
referenced decision by the California 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 should receive
the maximum Urban Rate Reduction Credit; 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 years 2002, 2003 and 2004, based on in-county water demands and
the State's previous estimation of the County's maximum Urban Rate Reduction Credit,
and
WHEREAS, if the County does not receive the County's maximum Urban Rate
Reduction Credit for the years 2002, 2003 and 2004, as previously estimated by the State
the County will not be able to afford to pay for the full 3,500 acre feet of water for the
years 2002, 2003 and 2004.
NOW, THEREFORE, B1H: IT RESOLVED by the Board of Supervisors as
follows:
1. The foregoing recitals and findings, and each of them, are true and
correct.
2. The State Water Contract Amendment No. 16, reducing the County's
Table A entitlement for the years 2002, 2003 and 2004 from 27, 500
acre feet to 3,500 acre feet, is hereby approved, contingent upon the
County receiving frorn the State the County's maximum Urban Rate
Reduction Credit in these years, as previously estimated by the State.
PASSED AND ADOPTED by the Butte County Board of Supervisors this
23rd day of October 2001 by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
CURT' ]OSIASSEN, Chair of the
Butte County Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors
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