HomeMy WebLinkAboutSWRCB - Notice of Opportunity to Comment, Public-Adoption Meeting - CA Stormwater Authority Menchaca, Clarissa
From: Bennett, Robin
Sent: Monday, March, 5, 2018 9:12 AM
To: McCracken, Shari
Cc: Teeter, Doug; Schmidt, Dennis; Menchaca, Clarissa
Subject: FW: NOTICE OF OPPORTUNITY TO COMMENT, PUIBLIC/ADOPTI!ON MEETING -
CALIFORNA STORMWATER AUTHORITY
Attachments,: notice-sto rm water authority.p,df, draft resolution-stormwater authority,pdf;jpa
agreement-stormwater authority.pdf
BOS correspondence regarding the CA Stormwater Authority and public comment period.
From: lyris@swrcbl8.waterboards.ca,g�ov [maiIto:lyris@swrcb18.waterboards.ca.gov]
Sent:Thursday, March 1, 2018 4:13 PM
To: Bennett, Robin <RBennett@buttecounty.net>
Subject: NOTICE OF OPPORTUNITY TO,COMMENT, PUBLIC/ADOPTIION MEETING -CALIFORNA STORMWATER
AUTHORITY
This is a message from the State Water Resources Control Board
Attached is a Notice of Opportunity for Written Comment, Public Meeting and Consideration of Adoption of a Resolution
approving formation of the California Stormwater Authority as a new California Joint Powers Authority.
Comment Deadline is March 20, 2018 by 12 noon.
The Public Meeting is scheduled for Aprill 3, 2018,
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Water Boards '
State Water Resources Control Board
NOTICE OF OPPORTUNITY FOR WRITTEN COMMENT,
PUBLIC MEETING, AND CONSIDERATION OF ADOPTION
RESOLUTION APPROVING FORMATION
OF
THE CALIFORNIA STORMWATER AUTHORITY
AS A NEW CALIFORNIA JOINT POWERS AUTHORITY
NOTICE IS HEREBY GIVEN that the State Water Resources Control Board (State Water
Board)will hold a public meeting to consider adoption of a resolution approving the formation of
the California Stormwater Authority through a Joint Powers Agreement (Agreement) between
the State Water Resources Control Board, the Fresno Metropolitan Flood Control District, and
the Alameda County Flood Control and Water Conservation District(Proposed Resolution).
Tuesday, April 3, 2018, 9:30 a.m.
Joe Serna Jr. - CalEPA Headquarters Building
Coastal Hearing Room
1001 1 Street, Second Floor
Sacramento, CA 95814
Additional information on the public meeting is located on the State Water Board web site at:
http://www.waterboards.ca.gov/board_infolcalendarl.
BACKGROUND
The new California Stormwater Authority, proposed to be formed in accordance with California
Government Code section 6500, will (1) provide facilitation of collaborative storm water
management efforts, including support and research services; and (2) develop tools to assist
permittee compliance with municipal, industrial and construction stormwater permits. The
California Stormwater Authority products and services will serve as a key component to improve
surface water and groundwater quality and enhance California's water supply.
DOCUMENT AVAILABILITY
The proposed Resolution and Agreement will be available on the State Water Board's website
on March 1, 2018 at: https://www.waterboards.ca.gov/water issues/programslstormwater/.
PROCEDURAL MATTERS
At the April 3, 2018 public meeting, participants will be given an opportunity to comment orally
on the proposed Resolution and Agreement. There will be no sworn testimony or cross-
examination of participants. However, the State Water Board and its staff may ask clarifying
questions.
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SUBMISSION OF WRITTEN COMMENTS
State Water Board staff will also accept input and recommendation through written comments.
Written comments must be received no later than 12:00 noon on Tuesday, March 20, 2018
and addressed to:
Jeanine Townsend, Clerk to the Board
State Water Resources Control Board
P.O. Box 100, Sacramento, CA 95812-2000 (mail)
1001 1 Street, 241h Floor, Sacramento, CA 95814 (hand delivery)
Sacramento, CA 95814
Comment letters may be submitted electronically, in pdf text format (if less than 15 megabytes
in total size), to the Clerk to the Board via e-mail at commentlettersCD-waterboards.ca.gov. If the
file is greater than 15 megabytes in total size, then the comment letter may be submitted by fax
at (916) 341-5620. Please indicate in the subject line: "Comment Letter-California
Stormwater Authority"
WEBCAST INFORMATION
Video and audio broadcasts of the public meeting will be available via the internet and can be
accessed at: https://video.calepa.ca.gov/.
PARKING AND ACCESSIBILITY
For directions to the Joe Serna, Jr. (CaIEPA) Building and public parking information, please
refer to the map on the State Water Board website:
http://www.calepa.ca.gov/headquarters-sacramento/Iotation/.
The CaIEPA Building is accessible to persons with disabilities. Individuals requiring special
accommodations are requested to call (916) 341-5880 at least 5 working days prior to the
meeting. TDD users may contact the California Relay Service at (800) 735-2929 or voice line at
(800) 735-2922. Video and audio broadcasts of the meeting will be available via the internet
and can be accessed at: https://video.calepa.ca.gov/.
All visitors to the CaIEPA Building are required to sign in and obtain a badge at the Visitor
Services Center located just inside the main entrance (10'h Street entrance). Valid picture
identification may be required. Please allow up to 15 minutes for receiving security clearance.
FUTURE NOTICES
The State Water Board public meeting will be at the time and place noted above. Any change in
the date, time, and/or place of the public meeting will be noticed on through the project e-mail
list. Any person desiring to receive future notices concerning the proposed Resolution and
Agreement, including any changes to the date or time of the State Water Board's meeting, must
sign up on the following project e-mail list. To sign up for the project e-mail list, access the
email List Subscription Form at the web address listed below, at the "Water Quality"tab, by
checking the box for"Storm Water Planning":
httpsJ/www.waterboards.ca.govlresources/email_subscriptions/swrcb_subscribe.htm
ADDITIONAL INFORMATION
Please direct questions about this public notice to Annalisa Kihara at (916) 324-6786 or via
email at Annalisa.Kihara@waterboards.ca.gov. --{
March 1, 2018 Z�'VIVU-
Date
Jeanir e Townsend
Clerk to the Board
DRAFT
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2018-
APPROVING THE FORMATION OF THE CALIFORNIA STORMWATER AUTHORITY
WHEREAS:
1. Sustainable water resources management is vital to California's future. In 2008, the
State Water Resources Control Board (State Water Board) adopted Resolution No.
2008-0030, confirming its continued commitment to sustainable water resources
management.
2. Storm water and dry weather runoff from Municipal Separate Storm Sewer Systems
(MS4), construction sites, and industrial facilities continue to be a major source of water
quality impairment throughout California.
3. Across the state, local stormwater programs have evolved over time from programs that
were, in some cases, largely focused on public outreach and education and general
control measures, to ones with specific control measures and water quality-based
requirements, including the advancement of addressing impaired water bodies through
Total Maximum Daily Loads (TMDLs) and low impact development practices.
4. Stormwater stakeholders including members of the regulated community and
environmental advocacy groups have expressed concerns regarding the statewide
National Pollutant Discharge Elimination System (NPDES) stormwater regulatory
program effectiveness and the ability to address issues on a regional or statewide basis.
5. To promote stormwater as a resource in California, the State Water Board adopted
Resolution No. 2016-0003 approving the Strategy to Optimize Resource Management of
Stormwater(STORMS). Implementation of STORMS included creation of the STORMS
Core Implementation Committee consisting of representatives from the California
Coastkeeper Alliance, the California Coalition for Environmental and Economic Balance,
the California Stormwater Quality Association, the California Association of Sanitation
Agencies, and the Association of California Water Agencies.
6. In 2013 the State Water Board adopted Resolution No. 2013-0029 directing actions in
response to efforts by stakeholders to reduce cost of permit compliance while
maintaining water quality protection. Such actions are to address the Water Boards'
storm water regulatory program needs to advance and provide measurable water quality
outcomes for the compliance costs.
7. The formation of the California Stormwater Authority as a new joint powers authority will
assist with the sharing of resources to benefit regional and statewide stormwater
management programs that emphasize stormwater and dry weather runoff as a resource
and an important component of the state's water supply. The California Stormwater
Authority will have the following functions:
a. Improve the quality of receiving waters through the reduction of pollution sources
in urban and rural watersheds;
DRAFT
b. Provide research for the development of source and treatment controls for
permittee compliance with NPDES construction, industrial, and municipal
permits;
c. Assess state and national monitoring data to improve understanding of critical
pollutants in stormwater that cause impairment of California's receiving waters;
d. Provide technical guidance documents and programs (including handbooks,
manuals, and training programs) that support stormwater permit compliance and
assist stormwater management professionals with advancing storm water
programs effectiveness statewide;
e. Provide technical guidance for permit writer translation of, and permittee
compliance with, Total Maximum Daily Load-related requirements in storm water
permits; and
f. Improve public access to funding and education and outreach information
regarding multiple benefit projects and regulatory permit requirements.
8. The purpose of the California Stormwater Authority is to support research and develop
tools and training to assist public and private entities in complying with NPDES storm
water permits to improve surface water quality and enhance water supplies in California.
9. The State Water Board expects that the STORMS Core Implementation Committee will
provide feedback and recommendations on the projects considered for funding by the
California Stormwater Authority through an established advisory role.
10. On March 1, 2018, the State Water Board provided public notice regarding the State
Water Board's proposed formation of the California Stormwater Authority at the State
Water Board's April 3, 2018 meeting.
THEREFORE, BE IT RESOLVED THAT:
The State Water Board:
1. Approves the formation of the California Stormwater Authority in accordance with the
attached draft Joint Powers Agreement, in support of moving forward with collaborative
efforts that improve local storm water management programs and statewide stormwater
regulatory programs.
2. Authorizes the Executive Director to execute the attached Joint Powers Agreement,
including any necessary revisions and future amendments, on behalf of the State Water
Board.
3. Designates the Deputy Director of Water Quality to serve as a director of the California
Stormwater Authority, with the Assistant Deputy Director of Water Quality for Surface Water
as an alternate. Both designees will submit a completed Form 700 for their roles on the
California Stormwater Authority's Board of Directors.
2
DRAFT
4. Directs staff to ensure that the California Stormwater Authority files a notice of the Joint
Powers Agreement with the Secretary of State, and a copy of the Joint Powers Agreement
with the State Controller, within 30 days of the effective date of the Joint Powers Agreement
in accordance with Government Code sections 6503.5 and 6503.6, respectively.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and
correct copy of a resolution duly and regularly adopted at a meeting of the State Water
Resources Control Board held on April 3, 2018.
Jeanine Townsend
Clerk to the Board
3
JOINT POWERS AGREEMENT
CREATING THE
CALIFORNIA STORMWATER AUTHORITY
This JOINT POWERS AGREEMENT CREATING THE CALIFORNIA
STORMWATER AUTHORITY (the"Agreement") is made and entered into this day of
, 2018, by and between the State Water Resources Control Board,the Fresno
Metropolitan Flood Control District, and the Alameda County Flood Control and Water
Conservation District, hereinafter"Parties" (collectively)or"Party"(individually).
RECITALS
WHEREAS, each of the Parties to the Agreement is a public agency as defined in
California Government Code section 6500;
WHEREAS, each of the Parties is either directly or indirectly authorized to implement
measures that would regulate stormwater quantity and quality;
WHEREAS, the Parties desire to create the California Stormwater Authority
("Authority") on behalf of its Party agencies;
WHEREAS, the Parties desire to create a new public entity to administer the provisions
of this Agreement, the purpose of which is to support research and other activities to develop
tools and information to assist public and private entities in complying with stormwater National
Pollutant Discharge Elimination System ("NPDES") permits and improving surface water
quality and enhancing water supplies in California; and
WHEREAS,the Parties anticipate that the California Stormwater Quality Association
("CASQA"), a California nonprofit corporation, will serve as the initial Administering Entity for
the California Stormwater Authority, as defined in Section 9(c) below, by, among other things,
partially funding the activities and appointing an individual to handle the day-to-day affairs of
the California Stormwater Authority; and
WHEREAS, if appointed to serve as the initial Administering Entity, CASQA has agreed
to partially fund the activities of the California Stormwater Authority in an amount not to exceed
$20,000 in actual cash or in-kind services for its first Fiscal Year, as defined in Section 11 below,
and for subsequent Fiscal Years in amounts determined by the Authority's Board of Directors
(`Board") and agreed to by CASQA.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
hereinafter set forth, it is agreed by and among the Parties hereto as follows:
1. Creation of Authority
(a) The California Stormwater Authority is hereby created as a joint powers agency
pursuant to the provisions of the Government Code of the State of California
relating to the joint exercise of powers common to public agencies. (Gov. Code §
6500, et seg.). The Authority is a public entity separate from its Parties. Pursuant
1722126v 1/14168.0001
to Government Code section 6509,the Fresno Metropolitan Flood Control
District formed pursuant to Water Code Appendix Chapter 73 is the designated
agency with respect to the Authority's exercise of power.
(b) Upon the Effective Date of this Agreement, a Notice of Joint Powers Agreement
shall be fled with the California Secretary of State in accordance with
Government Code section 6503.5. The Authority shall comply with all other
formation requirements provided under California law.
2. Purpose
(a) This Agreement provides for the creation of a public entity separate and apart
from the Parties to this Agreement to administer this Agreement,the purpose of
which is to support research and other activities to develop tools and information
to assist public and private entities in complying with stormwater NPDES permits
and improving surface water quality and enhancing water supplies in California.
(b) The Authority's functions shall include but not be limited to:
(i) Improving the quality of receiving waters through the reduction of
pollution sources in urban and rural watersheds;
(ii) Providing research for the development of source and treatment controls in
support of complying with California's Construction, Industrial, and
Municipal separate storm sewer system ("MS4")NPDES Permits;
(iii) Assessing monitoring data collected in California as well as nationwide,
and improving the understanding of the most critical pollutants in
California's receiving waters;
(iv) Improving public education and information regarding surface and
stormwater quality through the development and distribution of
information regarding pollution sources and pathways;
(v) Providing technical guidance, including handbooks, manuals, and training
programs that support efforts to comply with stormwater NPDES permits,
as well as improve stormwater quality professionals' ability to advance the
effectiveness of stormwater programs statewide;
(vi) Providing technical guidance to develop and implement total maximum
day loads("TMDLs"); and
(vii) All ancillary activities related to the functions contained herein.
1722126v] 14168.0001
3. Powers of Authority
The Authority is hereby authorized, in its own name, to do all acts necessary for the
exercise of its authority to accomplish the purpose as set forth herein including, but not limited
to, any or all of the following:
(a) To make and enter into contracts;
(b) To prepare reports and other documents for the purpose of applying for and
accepting grants, advances, and contributions;
(c) To employ or contract for services through an adopted procurement policy
directly or indirectly related to its purposes;
(d) To receive contributions and donations of property, funds, services, and other
forms of assistance from any source, including Party agencies;
(e) To sue and be sued in its own name; and
(0 To incur debts, liabilities, or obligations, subject to limitations herein set forth.
4. Use of Public Funds and Property
The Authority shall be empowered to use for its purposes, public funds, property and
other resources received from the Parties and from other sources. Where applicable, the
Authority's Board of Directors may permit one or more of the Parties to provide in-kind services,
including the use of property.
Pursuant to Government Code section 6505.1, the Authority's Administering Entity, as
defined in Section 9(c) below, shall be the person designated to have charge of, handle, and have
access to any property of the Authority and is required to file an official bond in an amount to be
fixed by the Parties.
5. Term,Termination,Addition or Withdrawal of Parties,Disposition of Assets
(a) The Authority shall be formed and come into existence on the Effective Date and
shall continue in existence unless terminated by the governing body of each of the
Parties then a party to this Agreement or at any point in time at which there ceases
to be at least two parties to this Agreement, at which point in time this Agreement
shall be automatically terminated; provided however,that the Authority and this
Agreement shall continue to exist for the purpose of disposing of liabilities,
distributing funds, property and/or other assets(such funds, property and/or other
assets, collectively, the"Authority Assets"), and all other functions necessary to
conclude the business of the Authority.
(b) Any public agency as defined in California Government Code section 6500 that is
directly or indirectly authorized to implement measures that would regulate
stormwater quality and quantity may seek to become a party to this Agreement
1722126v 1/14168.0001
upon authorization by its governing body, amendment to this Agreement in
accordance with Section 18 below, and execution of this Agreement by the public
agency.
(c) Any Party may remove itself at any time from the Authority with no less than
thirty (30) days' written notice to the Board. The withdrawal of a Party shall not
in any way discharge, impair, or modify the voluntarily assumed obligations of
the withdrawn Party in existence as of the effective date of its withdrawal. A
withdrawn Party shall not be entitled to the return of any Authority Assets until
the effective date of the termination of this Agreement.
(d) Upon termination of this Agreement, after the payment and fulfillment of all
obligations of the Authority, any Authority Assets remaining shall be distributed
to the Parties in proportion to the contribution made by the Parties toward the
funding of the Authority. The Authority shall cease to exist when the Authority
Assets have been distributed according to the provisions contained in this Section,
this Agreement generally, and the Joint Exercise of Powers Act(Gov. Code
§6500 et seq.).
6. Governance
(a) The Authority shall be governed by a Board of Directors, which shall consist of
one director appointed by the governing body of each Party. A Party may change
its director from time-to-time by notifying the other Parties and the Administering
Entity in writing.
(b) An alternate may be designated by a director to act in place of that director during
his or her absence. Such designation shall be in writing by the designating
director and shall be delivered to the Authority Administering Entity.
(c) Within Six Months after the Effective Date, the Board shall consider and adopt
Bylaws for the Authority.
(d) A simple majority of the directors of the Board shall constitute a quorum. A
majority of a quorum of the Board is empowered to act for the Board.
7. Meetings
The Board shall fix the hour, date, and place for its regular meetings.
8. Application of Laws to Authority Functions
The Authority shall comply with all applicable laws in the conduct of its affairs,
including but not limited to the Joint Exercise of Powers Act(Gov. Code §6500 et seq.); Ralph
M. Brown Act(Gov. Code § 54950, et seq.), and conflict of interest laws/regulations (such as
Gov. Code § 1090, et seq. the requirements of the California Political Reform Act, Gov. Code §
87100,et seq_ -and the regulations ofthe fair Political Practices Commission concerning
disclosure and disqualification, 2 California Code of Regulations § 18700, et seq.), as amended.
1722126 l/14168.0001
9. Administration and Officers
(a) The officers of the Authority are the Chair, Vice-Chair, Secretary, and a
Treasurer.
(i) The Board shall, at its first meeting and thereafter at its first meeting
following January 1 of each succeeding year, elect a Chair and Vice-Chair
from among the Directors. The Vice-Chair shall assume the
responsibilities of the Chair in the absence of both the Chair and the
Chair's alternate.
(ii) The Secretary will (1) keep or cause to be kept, at the principal executive
office or such other place as the Board may direct, a book of summary
minutes of all meetings and actions of Directors and committees of the
Authority, with the time and place of holding, whether regular or special,
and, if special, how authorized,the notice given,the names of those
present at such meetings and the proceedings of such meetings; and (2)
give, or cause to be given, notice of all meetings of the Board and
committees of the Authority required by the Bylaws to be given. The
Secretary has such other powers and may perform such other duties as
may be prescribed by the Board.
(iii) The Board shall designate a qualified person to act as the Treasurer of the
Authority. The person holding the position of Treasurer of the Authority
shall have charge of the depositing and custody of all funds held by the
Authority. The Treasurer shall perform such other duties as may be
imposed by provisions of applicable law, including those duties described
in Government Code section 6505.5, and that may be prescribed by the
Board or the Bylaws. In the event that the person designated by the Board
is not a Director, the person serving as Treasurer may be reasonably
compensated for performing such work. In the event that the person
designated by the Board to perform such services is an employee of a
Party,the governing body of that Parry shall determine the reasonable
charges to be made against the Authority for the services of Treasurer.
(b) Officers may delegate certain duties and responsibilities to the Administering
Entity described below in accordance with the Bylaws and/or Board resolutions,
and in compliance with all applicable laws.
(c) The Board shall appoint an Administering Entity for the Authority that will start
serving on the Effective Date of this Agreement.
The Administering Entity shall be responsible for the general supervision and
control of the activities of the Authority, subject to oversight by the Authority's
Board. The Administering Entity will also appoint an individual, acceptable to
the Authority's Board, to handle the day-to-day affairs of the Authority. The
Authority shall enter into a contract with the Administering Entity that, among
1722126v]114168.0001
other things, memorializes the Administering Entity's responsibilities and
requires the Administering Entity to covenant that the Administering Entity will
comply with all relevant laws. Specifically,the Administering Entity shall
covenant that it does not and shall not have any interest, direct or indirect, that
would conflict in any manner with the performance of its responsibilities as
Administering Entity. The Administering Entity shall have such other powers and
duties as may be prescribed by the Board or the Bylaws. The Board may
terminate the Administering Entity or the individual appointed to handle the
Authority's day-to-day affairs without cause with thirty (30)days' written notice.
The Board may immediately relieve the Administering Entity or the individual
appointed to handle the Authority's day-to-day affairs, if, in the reasonable
judgment of the Board, there is cause to do so.
10. Accounting
(a) The Board shall establish and maintain such funds and accounts as may be
required by Generally Accepted Accounting Principles and by Federal and State
statute and regulation, as applicable.
(b) The Authority shall comply with the accounting and auditing requirements
contained in California Government Code sections 6505-6505.6.
(c) The Board will appoint one of its officers to serve as auditor of the Authority.
The auditor shall comply with the duties and responsibilities of the office as set
forth in subdivisions (a)to (d), inclusive, of California Government Code section
6505.5.
11. Fiscal Year
For the purposes of this Agreement,the term"Fiscal Year" shall mean the fiscal year as
established from time to time by the Authority, being, at the date of this Agreement, the period
from January 1 to and including the following December 31, except for the first Fiscal Year,
which shall be the period from the date of this Agreement to December 31, 2018.
12. Legal Counsel
The Board shall retain independent legal counsel for the Authority, who shall be procured
consistent with all applicable procurement laws.
13. Privileges and Immunities
All of the privileges and immunities from liabilities, exemptions from laws, ordinances
and rules,all pension,relief, disability, workers' compensation, and other benefits that may
apply to the activities of officers, agents or employees of public agencies when performing their
respective functions within their respective territorial limits, shall apply to them to the same
degree and extent while engaged as Parties of the Authority or otherwise as an officer, agent,
Director, or other represeritative of the Authority or while engaged in the performance of any of
their functions or duties extraterritorially under the provisions of this Agreement.
1722126v 1 114168.0001
14. Liability
(a) The debts, liabilities, and obligations of the Authority shall be the debts,
liabilities, or obligations of the Authority alone, and not any of the Parties of this
Agreement.
(b) The Authority, and those persons, agencies and instrumentalities used by it to
perform the functions authorized herein, whether by contract, employment or
otherwise, shall be exclusively liable for any/all injuries, costs, claims, liabilities,
damages of whatever kind to any person arising from or related to activities of the
Authority.
(c) The Authority shall hold harmless and indemnify Parties, and each of them,
including their officers and employees, from any claim or liability arising from
acts or omissions of the Authority in pursuit of this Agreement, and in so doing,
shall provide Parties, and each of thele, with legal defense of any and all claims or
liabilities and shall pay reasonable attorney's fees and costs incurred in providing
such defense.
(d) Funds of the Authority may be used to defend, indemnify, and hold harmless the
Authority, each Party, and any officers, agents, and employees for their actions
taken within the scope of their duties while acting on behalf of the Authority.
15. Acknowledgement by Parties, Limitation on Authority
(a) Each of the Parties hereby acknowledges that the State Water Resources Control
Board and the California regional water quality control boards serve in regulatory
capacities over many of the Parties and subsequent parties to this Agreement,
including(without limitation) as the permittees for the Municipal Separate Storm
Sewer System Program. Nothing in this Agreement is intended to alter the nature
or scope of those regulatory relationships in any manner whatsoever.
(b) To the extent that the Authority provides input to any public agency in any
rulemaking or permitting proceeding,that input will be limited exclusively to
providing technical information, and shall not include any advice or
recommendations of a policy or legal nature.
16. Entire Agreement
It is understood and agreed that the entire Agreement between the Parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
Parties relating to the subject matter hereof. All items and exhibits referred to in this Agreement
are incorporated or attached and are deemed to be part of this Agreement.
17. Severability
Should any part,term, or provision of this Agreement be decided by the courts to be
illegal or in conflict with any law of the State of California or otherwise be rendered
1722126v1/14168.0001
unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be
affected thereby, and shall be valid and•enforceable to the fullest extent permitted by law.
18. Amendment
This Agreement may be modified at any time by written amendment executed by all of
the Parties. Any amendment shall become effective upon the execution of the amendment by
each Party, unless specified otherwise.
19. Effective Date
The effective date ("Effective Date") of this Agreement shall be the first day of the first
month following the execution of this Agreement by the State Water Resources Control Board,
the Fresno Metropolitan Flood Control District, and the Alameda County Flood Control and
Water Conservation District.
20. Successors
This Agreement shall be binding upon and shall inure to the benefit of the successors of
the Parties hereto. Except to the extent expressly provided herein, no Party may assign any right
or obligation hereunder without the consent of the other Parties.
21. Counterparts
This Agreement may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
22. Headings
The section headings herein are for convenience only and are not to be construed as
modifying or governing the language in the section to which referred.
23. Consent; Choice of Law; Venue
Wherever in this agreement any consent or approval is required,the same shall not be
unreasonably withheld. This Agreement is made in the State of California, under the
Constitution and laws of such state and is to be so construed. Venue for litigation by and among
any of the Parties related to this Agreement shall be in the Superior Court of any County in
which a Party is located.
IN WITNESS THEREOF,the Parties have executed this Agreement on the dates hereafter set
forth.
1722126vl11416&0001
(agency)
By:
[Name/Title]
Date:
Attest:
APPROVED AS TO FORM:
By:
1722126v1/14168.0001
(other agency)
By:
[Name/Title]
Date:
Attest:
APPROVED AS TO FORM:
By:
1722126v]/14168.0001
(other agency)
By:
[Name/Title]
Date:
Attest:
APPROVED AS TO FORM:
By:
1722126vl/14168,0001