EXHIBIT 4-A
2020 MEMORANDUM OF AGREEMENT
AMONG THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE, CALIFORNIA AMERICAN WATER, AND MONTEREY PENINSULA WATER
MANAGEMENT DISTRICT TO RELEASE WATER INTO THE CARMEL RIVER FROM LOS PADRES
RESERVOIR
THIS AGREEMENT is made this 17th day of July, 2020, among the California Department of Fish and Wildlife, ("Department"), California American Water, ("Cal-Am"), and the Monterey Peninsula Water Management District, (the "District"), with respect to the following.
RECITALS
A. The Department is required to conserve and protect the fish and wildlife resources of this state, and it is the Department's objective to maximize surface flows in the Carmel River below Los Padres Dam;
B. Cal-Am supplies water to the citizens of the communities of the Monterey Peninsula, Monterey County in accordance with SWRCB Order No. 95-10, as amended.
C. The
District, through its rules and regulations, establishes a quarterly water
supply strategy and budget for the
NOW THEREFORE, IT IS HEREBY AGREED:
DEFINITIONS
1. "Minimum pool at Los Padres Reservoir" means a surface water elevation of 980 feet above mean sea level, or 89 acre feet of storage.
2. "Water Release by Cal-Am at Los Padres Dam" into the Carmel River may occur from seepage through the dam, direct release from any discharge port, spillage over the crest of the dam, releases through the fish ladder or smolt emigration facility, releases from the lowest outlet at 980 feet NGVD, or any combination thereof.
DESIGNATION OF RESPONSIBILITIES
3. Cal-Am shall make water releases into the Carmel River channel below Los Padres Reservoir beginning July 2020 as follows: Cal-Am shall maintain 10.0 cubic feet per second (cfs) for July and then 9.0 cfs for August through October and then 8.0 cfs in November 2020 below Los Padres Reservoir, as measured at the District’s Below Los Padres Gage, relying on the natural recovery of river base flows from above the reservoir to sustain flows thereafter.
4. The Russell Wells shall be limited to a combined total instantaneous diversion rate of not more than 0.5 cfs during low-flow periods as set forth in ordering Paragraph No. 4 of SWRCB Order WRO‑2002‑0002 (Attachment A hereto).
5. In the event that a significant change in projected runoff occurs in the basin during the duration of this Agreement, the parties will meet to discuss modifications to the scheduled reservoir releases and diversion.
6. Cal-Am shall limit operation of its wells in the Carmel Valley above the Narrows during low-flow periods as set forth in ordering Paragraph No. 2 of SWRCB Order WRO 2002-0002 (Attachment A hereto). Cal-Am shall notify the District and the Department of its maintenance pumping schedule in advance.
7. Cal-Am shall make reasonable efforts to operate the Lower Carmel Valley production wells in the sequence from the most downstream well and progress upstream as wells are needed and available for production. Cal-Am shall notify the District and the Department before operating its Scarlett No. 8 Well.
8. Cal-Am shall notify the District and the Department when the water elevation reaches 990 feet NGVD at Los Padres Reservoir, and Cal-Am shall not draw Los Padres Reservoir below minimum-pool elevation without obtaining specific written approval from the Department.
9. In the event that Cal-Am has not exceeded its annual production limit from both the Coastal Subareas of the Seaside Groundwater Basin and Carmel River sources, Cal-Am shall make every reasonable effort to produce water from the Coastal Subareas of the Seaside Basin before producing water from its Carmel River sources to preserve streamflow and instream habitat in the Carmel River for listed species, consistent with the production amounts specified in the Quarterly Water Supply Strategy and Budget for Cal-Am’s main distribution system.
DISTRICT
10. The District shall take direct measurements of inflow to Los Padres Reservoir on a monthly basis through the duration of this Agreement.
ALL PARTIES
11. This Agreement is revocable upon ten days' written notice to all parties signatory to this Agreement.
12. This Agreement is entered into without prejudice to the rights and remedies of any party to the Agreement.
EFFECTIVE DATE AND TERM OF AGREEMENT
13. This Agreement is effective July 17, 2020 and shall remain in force until December 31, 2020. This Agreement may be modified or extended by mutual consent of all the parties.
EXECUTION
IN WITNESS WHEREOF, each party hereto has caused this Memorandum of Agreement to be executed by an authorized official on the day and year set forth opposite their signature.
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By:
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Monterey Peninsula Water Management District By:
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California Department of Fish and Wildlife By: |
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