EXHIBIT 5-A
2010 MEMORANDUM OF AGREEMENT
AMONG CALIFORNIA AMERICAN WATER,
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT,
AND CALIFORNIA DEPARTMENT OF FISH AND GAME
TO RELEASE WATER INTO THE CARMEL RIVER FROM SAN CLEMENTE RESERVOIR
THIS AGREEMENT is made this 17th day of May, 2010, among the Monterey Peninsula Water Management District, (the "District"), California American Water, ("CAW"), and the California Department of Fish and Game, ("Department"), 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
B. CAW
supplies water to the citizens of the communities of the
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 105 acre feet of storage.
2. For operational purposes in 2010, "Minimum pool at San Clemente Reservoir" means a surface water elevation of 515 feet above mean sea level, or 71 acre feet of storage.
3. "Water Release by CAW at San Clemente Dam" into the Carmel River may occur from seepage through the dam, direct release from the discharge ports, spillage over the crest of the dam or gates, leakage around the gates, releases through the fish ladder or any combination thereof.
DESIGNATION OF RESPONSIBILITIES
4. CAW shall make water releases into the Carmel River channel beginning June 2010 as follows and summarized in Exhibit A: CAW shall maintain no less than AA.0 CFS (cubic feet per second) during June, BB.0 CFS during July, C.0 CFS during August, D.0 CFS during September and October, and E.0 CFS during November through December, 2010 at the Sleepy Hollow Weir.
5. CAW shall not divert water at the San Clemente Dam during low-flow periods except during an emergency, which is defined in ordering Paragraph No. 1 of SWRCB Order WRO 2002-0002 (attached as Exhibit B).
6. 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 (Exhibit B hereto).
7. 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.
8. CAW 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 (Exhibit B hereto). CAW shall notify the District and the Department of its maintenance pumping schedule in advance.
9. CAW 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. CAW shall notify the District and the Department before operating its Scarlett No. 8 Well.
10. CAW shall provide, upon request by the Department or the District, records of the Carmel Valley Filter Plant operation showing compliance with the provisions of this Agreement.
11.
CAW shall notify the District and the Department when
the water elevation reaches 990 feet
at Los Padres Reservoir or 520 feet
at San Clemente Reservoir. CAW shall not
draw either reservoir below minimum-pool elevation without obtaining specific
written approval from the Department.
This requirement does not apply to annual drawdown at
12. In the event that CAW has not exceeded its annual production limit from both the Coastal Subareas of the Seaside Groundwater Basin and Carmel River sources, CAW 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 CAW’s main distribution system.
DISTRICT
13. The District shall take direct measurements of inflow to Los Padres Reservoir on a monthly basis through the duration of this Agreement.
ALL PARTIES
14. This Agreement is revocable upon ten days' written notice to all parties signatory to this Agreement.
15. This Agreement is entered into without prejudice to the rights and remedies of any party to the Agreement.
EFFECTIVE DATE AND TERM OF AGREEMENT
16. This Agreement is effective June 1, 2010 and shall remain in force until December 31, 2010. 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 Game By: |
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U:\staff\word\committees\Admin\2010\20100507\06\item5_exh5a.doc