HomeMy WebLinkAbout90-057RE$OLIITION APPROVING WATER SUPPLY CONTRACT
AMENDMENT NO. 11 BETWEEN COUNTY OF BUTTE
AND STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES
AND AIITHORIZING ERECUTION OF THE SAME
WHEREAS, the State of California, by and through the
Department of Water Resources, have established a statewide water
supply known as the California Water Plan; and
WHEREAS, under said plan, water is available to various
agencies throughout the State; and
WHEREAS, the economic interests of the County of Butte
require that a water supply be made available to the County of
Butte for its orderly development; and
WHEREAS, negotiations have been conducted under the
direction of the Board of Supervisors of Butte County and the best
possible amended contract has been negotiated that will allow the
County to reduce its Table A entitlements and the associated state
water project charges for the years 1991 through 2000.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Butte, State of California, that the
County shall enter into "Amendment No. 11 to Water Supply contract
Between the State of California Department of Water Resources and
County of Butte" as negotiated, a copy of which proposed amended
contract is attached hereto and made a part of this resolution; and
BE IT FURTHER RESOLVED that the Chairman of this Board,
together with all other board members, are hereby authorized to
execute said amended contract on behalf of the County of Butte and
do such other and further acts necessary to consummate said amended
contract.
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PASSED AND ADOPTED by the Soard of Supervisors of the
County of Butte, State of California this 27th day of March, 1990,
by the following vote:
AYES: Supervisors McInturf, Dolan, Uercruse, Fulton and Chairman
McLaughlin
NOES: Npne
AHSENT:None
NOT VOTING: None
~' ~C
ED MC LAIIGHLIN, hair, Butte County
Board of Supervisors
ATTEST:
WILLIAM H. RAND H, Chief Administrative dfficer
and Cl rk of th oard of Supervisors
By
STATE OF CALTFORNTA
THE RESOURCES AGENCY
DEPARTMENT' OF WATER RESOURCES
AMENDMENT N0. 1~. TO WATER SUPPLY CONTRACT
BETWEEN THE STATE OF CALTFORNTA
DEPARTMENT OF WATER RESOURCES
AND
COUNTY OF BUTTE
THTS CQNTRAGT is made this l ~ ~ day of ~ adr" t ~- - .._, 19 90 ,
pursuant to the provisions of the California Water Resources
Development Band Act, the State Central Valley Project Act, and
other applicable laws of the State of California, between the State
of California, acting by and 'through its Department of Water
Resources, herein referred to as the "State", and County of Butte,
herein referred to as the "Agency".
Recitals
A. The State and the Agency have entered into and
subsequently amended a water supply contract providing that the
State will supply pertain quantities of water to the Agency, and
providing that the Agency shall make certain payments to the
State, and setting forth the terms and conditions of such supply
and such payment.
B. The Agency's requirements for State water are less than
were anticipated when the water supply contract was first entered
into and subsequently amended and it is apparent that during the
next several years, the Agency will not be able to put all of its
projected annual entitlements to beneficial use.
C. The State takes notice of the special protection given to
the Agency by Water Code section 11460 (the Watershed Protection
Act) and of the serious fiscal problems currently confronting Butte
County.
D. Based on the foregoing factors, and following a series of
discussions with the Agency concerning them, the State has deter-
mined that a reduction of the Agency's Table A annual entitlements
for the years 1991 through 2000 is appropriate and that the Agency
should be allowed to make subsequent increases in its annual enti-
tlements not less than 500 acre-feet per increase up to the
Agency's maximum annual entitlement of 27,500 acre-feet, provided
that the Agency gives not less than 15 months notice to the State
prior to October 1 of the year before the increase would take
effect unless public health hardship conditions require a shorter
notice period, and provided that such increases cannot be rescinded
far any reason.
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Acireement
It is mutually agreed that the following changes and
additions are hereby made to the Agency's water supply contract
with the State:
1. Table A of the Contract is amended to read as follows:
Year
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
3.981 - 2000
2001
and each succeeding year
thereafter, for the term of
this contract as a Maximum
Annual Entitlement:
Total Annual Amount
in Acre-feet
300
350
400
450
500
600
700
1,050
1,400
1,800
1,200
1,450
1, 100
1,200
27,500 Acre-feet
2. Subdivision (c) of Article 7 is amended to read as
follows:
(c) In reases in Annual Entitlements
Beginning in 1991, the Agency may initiate an
increase in the annual entitlements up to the Agency's Maximum
Annual Entitlement of 27,500 acre-feet by at least 500 acre-feet
* Subject to the provisions of Subdivision (c) of Article 7 as
amended in paragraph 2 of this agreement.
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in each annual increase by giving written notice at least 15 months
before the October 1 of the year before the entitlement increase
would take effect. A shorter notice period may be used if the
State determines that the Agency faces hardship conditions
resulting from public health problems. This process for increasing
annual entitlements shall not be used for reducing annual
entitlements.
3. Nothing in this amendment shall be construed in any way to
affect either party's rights or obligations under the county of
origin statute (Water Code section 10505) or area of origin statute
(Water Code section 11460-11463).
IN WITNESS WHEREOF, the parties hereto have executed this
contract amendment on the date first above written.
Approved as to legal form
and sufficiency:
fJ ~ j
Chief Counsel
Department of Water Resources
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
Director
;~5":'C~';TV+!`,~ ;,", ,_ ~?~~ COUNTY OF BUTTE
~15iit' ~dU~~ L.O~L'C.:iE
~'~' / / !/i / Signature
Ed McLaughlin
Name
Chairman of the Board
of Supervisors
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