HomeMy WebLinkAbout72-200No. ~ 2- 200.
SE IT RESOLVEll, that the Board of Supervisors of the
County of Butte hereby approves the attached contract between
the State of California and the County of Butte and hereby
autharizes the Chairman of this Board to execute same on
behalf of the County of Butteo
PASSED ANB ADOPTEll by the Butte County Board of
Supervisors this 21st day of Nouember , 1972, by
the following vote:
AYES: Supervisors; Ladd, Macligany McKi.l~.op & Chairman Gilman.
NOE~: None
ABSENT: Su.pervis.or Maxon.
NOT VOTING: None /~~ ~ ~~~
~~ 1
A~lt'1' G1LMA.N~ hairtnan o
Board of .~ ervisors
ATTEST:
CLARK A, NELSON, County Cl.erk and
ex»officio Clerk of the Board,
e
By ` C~
RESOLUTION APPROVING COVTRACT A~VD AUTHORIZING
CH~IIRMAN OF THE 3iJTTE COUNTY BOARD OS SUPERVISORS
TO EXECUTE ON BEHAL~ OF THE COUNTY OF BUTTE
ys l
~ SiATE OF CALIFORNEA-RESOURCFS AGENCY ~ ~ WILLIAM R. GIANEIII, Di.a~for
DE~AI~TMENT OF WATER RESOURCES Butte County Counsel
... P.~~J. 60% 386 0
-~
SACRAMENT095801 ~QV 11972
Oroville, California
~~C:-: ~ ~r 1972
Mr. Art Gilman, Chairman
Board of Supervisors
Coun~y of Bu'tte
Courthouse -
Oro~ilZe,~CA 95965
Dear Mr. Gilman:
mransr~i_ttted are four copies of a proposed amendmenti
to your agency's contract for a water supply f'rom ~he State
Water Pro~ect. As advocated by mos~ of' our water contractors,
the amendmenc would delete a11 provisions concerning the power
credit, the su'rcharge and sureharge c~redit;.
The power credit was initiaily established at $2 per
acre-foot by Ax~ticle 30(b} of the wate~ supply contraets.
Th~.s amount was based an a very prelfminary estimate of what
the credit could amount to once facil~.ties were in operation
for generation of electrical energy in connection w~tn opera--
tion of initial conservat3on facilities. Article 30 also
provides for redetermination of the credit to reflect 3.ncr~ases
or decreases in net power revenues from year ~o year once the
facilities are operational. Recentl.y, aufficient information
on the costs and revenues of the power opera~cion has been
developed so ~hat redetermination was practicable. The sur-
charge (pow~r credi~) based on actual operating exper~ence is
estimated ~o be only abouY, Z5 percent of the original
estima.te--$0.30 per acre-foot.
An evaluation has been rnade of' the costs of administer-
ing the ~ower credit, surcharge, and surcharge credit provis~.ons
a,nd the net effect on recipients of 'the surcharge credit. Since
~he surcharge is now considerably less than anticlpated, i.t
appears that many of the rec~pients (users of pro~ect water on
nonexcess land} would be penal.ized raCher than benefited, since
the portion of admin.~.strative costs that they would bear wnuld
exceed their shaxe of the surcharge c~edits.
_._._ ___.._.....___ , -- . - __~__~. ------- ---____._.___~ ~
d.g ~
~~~~~
l~:di~
~ ~~v~" ~
•;'"~~~~ Mr. Art Gilman, Chairman -2-
E G~m 2 ~ 1972
~~
~~ ,
In view of the possible adverse cosf~ effect on many
users, the complicated nature of' the provisions, problems with
the adminis~ra~ion of the provisions and cons~.derable work
volume for the State, the agencies, member un3~s of the agencies,
and individual water users, an amendment deleting tne provisions
has been enclpsed for your consid~ration.
If you f'~.nd the amendment satisfactiory, please sign
three copies and return ~hem to th~.s office, tioge~her with a
copy of a resolution by your agency's Board of Directors,
certi~'led by its Secretary, authorizing execution of the amend-
ment. One fully executed copy wi11 be re'turned to you after it
has been signed by the State.
Under present provisions of' the contract, surcharge
payments on~pro~ect water del~.veries made during 1972 are due
early in 1973. Your expeditious considerat~on of 'this rr~a.ttear
is therefore .requested.
S~.ncerely you~s,
~~~~~ '
Direc~or
Enclosures
__._.___._-~ . -
~ ,
~ - ~ STATE OF CALIFORPIIA
THE RESOURCES AGENCX
DEPARTMENT OF WA`I'ER RESQURCES
AMEPfDMENT tVO. 5 TO WATER SUPPLY CONTF2ACT
BETW~ET~i TfiE STATE OF CALIFORIdTIA
DEPARTNIIIVT OF WATER RESQURCES AND
COUNTY OF BUTTE
THIS CQNTRACT, made as of '~he 15~h 'day oP October,
~972, pursuant to the provisions of the California Water Resources
llevelopment Hond Act, the State.Central Va17.ey Pro~ect Act, and
other applitable laws af the State of Californi,a, hetween the
State of Cal~.foxziia, a.ct~.n~ by and through its Department of
Water Resources, lnez'ein referred to as the "State", and County of
Butte, herei.r~ r~ferred to" as '~he "A~eney";
. WITNESSETfi, That :
krHEREAS, the S~a~e and the Agency have entered ~nto an@~
subsequently amended a we-~er supply contract, dated December 26,
1963 (here3.n referred to.as the "Amended Contract"} providing
that the State shall supply certain quantities of ~vater to the
Agency, and that the Agency shall make certain payments to the
State, and setting forth the terms and condit~.ons of such supply
and suah payenent; and
WHEREAS, the Amended Contract provides #'or a surcharge
equivalent to the power credit per acre-foot of w ater to be
charged to water us~rs, other than the United States or the
State of Ca~.iPornia, for each acre-foot of pro~ECt water de'termined
~o have been put to agx~cul'~ural or manufacturing uses on excess
land, for collection by the Agency either itsel.f or through a
A
. , ~., ;
___.w~ . W : -.~-_.~ . _ --~_.. ~ =..._ ~.~:~~_-._-,--- ~ -~--
. ~ . ~ ~ ~:~_ ~ .
1. Article 30 entitled "Surcharge ~or Excess Use of
Pro~ect Water".
2. The next-to-~he-last sentence of the fourth
paragraph of subdivision (i) of Art~.cle 45, reading as follows:
"A suraharge sha7.1 be added to the rate for surplus
water fuzr~ished ~o excess.land in an amount and under
the conditions specified in Article 30 of this con~ract".
3, Subdivision (~) of Artiele ~45 entit~ed "6urcharge
Credit".
3N WI'I'~TESS WHEREOF, the parties i~ereto have executed
thia contract amendment on the date firat above wrritten.
Approved as to l.egal form STATE OF CALIFORNIA•
and suff~.ciency: , DEPARTMEN'~ 4F WATER RESOURCES
- . By . ~Y
e ounse rector
Aepartment of Water Resources
Atitest:
BY
(Ti.tle)
Approved as to form
and execu~ion
By
(Title)
By
- 3-
COUNTY OF BUTTE