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HomeMy WebLinkAbout95-067RESOLUTION APPROVING AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA AND THE COUNTY OF BUTTE FOR THE 1994 DROUGHT WATER BANK WHEREAS, there exists an Agreement between Resources of the State of California and the Coy 11, 1994. WHEREAS, the Department of Water Resources and the County of Butte desire to enter into an as specified in the attached Exhibit A entitled revised in March of 1995. WHEREAS, on November 22, 1994 the Board of the Department of Water .znty of Butte, dated July of the State of California Amendment to that Agreement "Amendment No. 1" as Supervisors approved Amendment No. 1, which the Department of Water Resources has not executed and will not execute because they have revised the number of acre feet which was set forth in the previous Amendment No. 1. Accordingly, this new Amendment No. 1, dated March, 1995 contains the correct number of acre feet . NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors that they consent to Amendment No. 1 to the Agreement between the Department of Water Resources of the State of California and Butte County for payment to Butte County for the transfer of Butte County surface water to the 1994 Drought Water Bank in the form attached hereto as Exhibit A, on behalf of the County of Butte. PASSED AND ADOPTED by the Butte County Board of Supervisors this 9th day of May, 1995, by the fol~.owing vote: AYES: Supervisors Meyer, Aolan, Houx, Thomas and Chair McLaughlin NOES : None ABSENT: None NOT VOTING: None C ED McLA GHL , C air of the Butte Co. Board f Supervisors ATTEST: JOHN BLACKLOCK Chief Administr t ve Officer and erk of th oard By i ~ {g:ldceslresolutildw~.egt) AMENDMENT NO. 1 TO AGREEMENT BETWEEN DEPARTMENT OF WATER RESOURCES OF THE STATE OF CALIFORNIA and COUNTY OF BUTTE FOR 1994 DROUGHT WATER BANK THIS AMENDMENT AND ATTACHMENT "A" to "Agreement Between Department of Water Resources of the State of California and County of Butte," dated July 11, 1994 (hereinafter "the Agreement"}, is made pursuant to the provisions of the California Water Resources Development Bond Act and other applicable laws of the State of California, as follows: 1. Paragraph 7 of the Agreement is hereby amended to read: 7. Maximum Payable. The maximum amount payable under this Agreement shall be one hundred and sixteen thousand dollars ($116, 000) . 2. Attachment "A" is hereby incorporated into and made a part of the Agreement. 3. This Amendment No. 1 and Attachment "A" shall take effect after execution by the parties and after approval by the California Department of General Services. 4. All other provisions of the Agreement, unless specifically amended herein, survive this Amendment No. 1 and Attachment "A.rr IN WITNESS WHEREOF, the parties hereto have executed this Amendment and Attachment "A" on the date of Approved as to legal form: State of California Department of Water Resources Chief Counsel Department of Water Resources • County Counsel ~ - Director COUNTY OF BUTTE C w Chair, Boar o Supervisors ~B~T ATTACHMENT "A " (Revised 3/95) The following "Transferors" described in paragraphs 3, 5 and elsewhere in the Agreement are identified as follows: a. WESTERN CANAL WATER DISTRICT Approximately 66,160 acre-feet of water were purchased pursuant to Contract No. B80000 as a result of ground water pumping in Butte County. The purchase price was $50 per acre- foot. The payment to Butte County shall be 2 percent of the proceeds the Department pays to the transferor for transferring surface water to the 1994 Draught Water Bank, which water was made available by Butte County water users shifting to ground water. b. RICHVALE IRRIGATION DISTRICT 31,825 acre-feet of water were purchased pursuant to Contract No. B80007 as a result of ground water pumping in Butte County. The purchase price was $50 per acre-foot. The payment to Butte County shall be 2 percent of the proceeds the Department pays to the transferor for transferring surface water to the 1994 Drought Water Bank, which water was made available by Butte County water users shifting to ground water.