HomeMy WebLinkAboutAgreement A-17-075-1 to Central DM Region SGMA Services (2).pdf Agreement No.17-075-1
6-22-2017
FERST A1VttFNDMENT TO
CENTRAL DELTA-1MNDOTA RIEGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT
SERVICES ACTIVITY AGRESI ENT
AND CONSENT OF SS-M®A PARTICIPANTS
I. C�TALS
A. The San Luis &Delta-Mendota Water Authority("Authority")and Eagle Field Water
District;Mercy Springs Water District; Pacheco Water District;Panoche Water District; San
Luis dater District; Tranquillity Irrigation District; and Fresno Slough Water District, its
members who have executed that certain Central Delta-Mendota Region Sustainable
Groundwater Management Act("SGMA')Services Activity Agreement(the"Activity
Agreement Members'and"Activity Agreement,",respectively contemplated participation by the
Oro Loma Plater District, which initially authorized execution of the Activity Agreement and
was included as an Activity Agreement Member on the Final 2-10-2017 Agreement executed by
the other parties.
B. Oro Loma.dater District subsequently rescinded that authorization and never
executed the Activity Agreement-
C. The Activity Agreement imposed a deadline of February 28,2017,as the date by
which all Activity Agreement Members and SS-MOA Participants must execute their respective
agreements or receive additional approvals to participate.
D. Not all of the contemplated initial Activity Agreement Members were able to act by
the_February 28,2017 deadline for participation as initial members.
E. Tle Activity Agreement also contemplated participation through Memoranda of
Agreement by an initial group of SS-MOA Participants,including Fresno County;Merced
County; and Santa Nella County Water District,all'of whom have executed Memoranda.of
Agreement but some of whom were not able to act by the February 28, 2017, deadline for
participation by initial members.
6-22-2017
F. The Authority and Activity Agreement Members desire to amend the Agreement so
that the Oro Loma Water District is not mentioned in the Activity Agreement;is omitted from
the ExInbit"A"map describing the boundaries of the Activity Agreement Participants® and is not
assigned a Participation Percentage under Exhibit"C"to the Activity Agreement so that the
Participation Percentages are allocated only to the Activity Agreement Members and SS-MOA
Participants.
G. The Authority and the Activity Agreement Members desire to amend the Agreement
so that Activity Agreement Members and SS-MOA Participants who have approved and
executed their respective forms of Agreement prior to April 30,2017,are treated as initial
Activity Agreement Participants and not as parties who may be admitted to participation only
through Amendment ofthe Activity Agreement,special recommendation of the Management
Committee and additional approval by the Board of Directors.
H. The Authority and the Activity Agreement Members also desire to correct a
clerical error by eliminating the signature block on the Activity Agreement for the Santa Nells,.
County Water District,which is not an Activity Agreement Member but has signed a
Memorandum of Agreement and is a SS-MOA Participant.
I. Section 19.1 of the Activity Agreement authorizes an amendment in writing by the
Authority and the Activity Agreement Members,with approval of the S S-MOA Participants.
NOW,'TB EREFORE,in consideration of the true and correct facts recited above,the Activity
Agreement Members and the Authority agree as follows;
2.1. IntrroductorBg L phof.-AcH A meet. The name"Oro Loma
Water District"is omitted fronri the Iisting of Authority Members who execute this Agreement.
2.2, Gco Love Si nature Block. The signature block for Oro Lorna Water
District is deleted from the Activity Agreement.
6-22-2017
2.3. 13, xhibit"A„Replaced. The map attached to the Activity Agreement
as Exhibit i W'that included Oro Loma Water District is hereby replaced with Exhibit"A"
attached to this First Amendment.
2.4 Exhibit C.EogLe Lion Percentages: la ed The
Participation Percentages attached to the Activity Agreement as Exhibit"C" is hereby
superseded and replaced by Exhibit"C"attached to this First Amendment,omitting Oro Loma
Water District and reallocating participation percentages among the remaining Activity
Agreement Participants.
3. S'1O TREAT AS ,=ACT C_EEMENT
AR'TI IPANTS WHO E.NACUTED TAE IM RESPE T
3.1 to Ca an�e in Simon 4 o In Section 4.4(b)of the Activity
Agreement,the date "February 28,2017"is hereby replaced with the date "April 30,2417."
3. . Date Chanaeg:b_Sce'on 15. In Section 15 of the Activity Agreement,the
date"February 28,2017" is Hereby replaced each time it occurs with the date"April 30,2017,"
0
for a total of 3 replacements.
CZRHB&C1GE CAL EI21I�1
The signature block for Santa Nella County Water District was included because of
clerical error and is hereby deleted from the Activity Agreement
. CT & EFFECZTDB DATE OF MIST AlME
5.1 Amendment Ab In No. This First Amendment is intended to modify the
Activity Agreement tab.fnido to remove any reference to participation by the Oro Loma Water
District; to provide that any Activity Agreement Participant who has executed its respective form
of Activity Agreement or Memorandum of Agreement prior to April 30,2017,has timely acted
such that no separate Amendment or procedure for recommendation and approval is required;
and to remove the Santa Nella County Neuter District signature block.
f-22-2017
5.2 l drgg.&q MiAWzment The terms of the activity Agreement as
modified by this First Amendment remain in full force and effect.
F. Wective Date. This First.Amendment shall become effective upon
its execution by an authorized representative of the Water Authority and a majority of the
Activity Agreement Members with the consent of the SST®A Participants,which consent may
be accomplished by execution of the form attached hereto as Attachment 1.
SAN aLUIS dui DELTA,-lam+NDOTA WATER AUTHORITY
By,
Nam:
Title:
Date:
ARTY AGREEMENT MMMBERS
Agency Name:EAGLE FIELD WATER DISTRICT
By:
Name:
Titles
Date;
6-22T2017
Agency Name; FRESNO SLOUGH WATER DISTRICT
By:
Name:
Title:,
Date:
Agency Name: N ERCY SPRINGS WATERDISTRICT
By:
Name:
Title:
Date:
Agency Name:PACHECO WATER DISTRICT
By:
Name: -
Title:
Date:
6-22-2017
Agency Name:PANOCHF,WATER DISTRICT
By: -
Name:
Title:
Date:
Agency Name: SAID L UIS WATER DISTRICT
'M
By: .q�
Title:
Date:
Agency Name:TRANQ GATION DISTRICT,
By: -
Name:
Title:
DatedM
6-22.2017
AMENDED EXHIBIT"Am
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Laval Agency canaries
CENTRAL ADM REGION
ACT PARTICIPANT PARTICIPATION PERCENTAGES
Agency/GSA.Name Participation Participation GSA Totem
Status Percentage AHocata®iz
Central BM Rq0on
Mold-Agency GSA. 94%
Eagle Field WAWDistrict hkImber. 6%GsA Allocation
Fresno county SS-MCA Participant 13.5%GSA A1looatioa
Fresno Slough Water District member 61K GSA Allocation
Merced County SS-MOM Participant 9.5%GSA AUocation
Mmy Springs Water District Member 7.6%GSA Mocatio$
Pacheco Water District 7.1%GSA A11ocation
Panache Water District W46,berz 15.7%GSA Alkwic a
San LuLs Water District Memo 20.0°/o GSA Allocation
Santa Nella County Water District SS MOA Participant 6%GSA Allocation
TmngmMty 1mgation Disinct Member 8.6%GSA AHmation
100%
Widren Water DhArict GSA
Widren Wad District S 0A Parsd l t 100•/o GSA Alloca ian _
Dated Effective as of March 1,2017
CENTRAL DAB REGION SGMA SERVICES ACTIV rY AGREEM EW Final 2-10-2017
SACentral Deft"mduo Ra&n MIMI-
1
-���.0 A M
shun I 17A
— awrem Yea PIA ftsis
10:central
qgT c
d
EqgftFleld hPa r 3 325 6. $32,2 .15
Frem CaunW 29,7 1"% $72,445.42
resro Sknh Water Dbftkt :4 9 $32,284.25
Means E:zv :9m $51,0S.20?
ercy Springs Waw 0 _ $4:LO77.46
Pachem Water®istr .t , 3,+C 5 $38,398.17
�" A 1
® Pale Water DIMcg 3E,31 2302 15. $M,270.
San Luis Water 55,3 0.50 $107,675.3
�Hells r:W dPVs a Oft ' $32,284.15�
�! I fro t2et to,7 96 . , $ �31 .23
r i rl53 S'
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6-22-2017
SS-MOA PARTY ANT CONSENT TO MST AMENDMIENT
TO THE CENTRAL DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACC'
SERVICES ACTIVffY AGREEMENT
The undersigned duly authorized representative of the SS-MOA Participant that has entered into
a Memorandum of Agreement for Central Delta-Mendota Region Sustainable Groundwater
Management Act Services with the San Luis&Delta-Mendota Water Authority hereby consents
on behalf of such SS-MOA,Participant to the First Amendment to the Central Delta-Mendota
Region Sustainable Groundwater Management Act Services Activity Agreement,
SS-HOAPARTICI?ANT
Name: Sal uintero ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
Title; Chairperson, Board of Supervisors county of Fregno,state of California
By _ �
Date; ..October 23, 2018 �yY TM Deputy
RESOLUTION NO. 17-1125
RESOLUTION OF THE BOARD OF DIRECTORS OF THE SAN LUIS
WATER DISTRICT,AUTHORIZING THE.EXECUTION OF THE FIRST
AMENDMENT TO CENTRAL_DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT SERVICES
ACTIVITY AGREEMENT AND CONSENT OF SS-MOA PARTICIPANTS
WHEREAS,on,February 28, 2017 the San Luis Water District (District) $oard of
Directors authorized execution of the Central Delta-Mendota Region Sustainable
Groundwater Management Act Services.Activity Agreement; and
WHEREAS,Oro Loma Water District never executed the Activity Agreement; and.
WHEREAS, the Activity Agreement also contemplated participation through
Memoranda of Agreement by an initial group of SS-MOA Participants, including Fresno
County; Merced County; and Santa.Nella County Water District; and
WHEREAS,the Authority and the Activity Agreement Members desire to amend.
the Agreement so that Activity Agreement Members and SS-MOA Participants who have
approved and executed their respective forms of Agreement, are treated as initial Activity
Agreement Participants;and
WHEREAS, by omitting Oro Loma Water District;the participation
percentages have been reallocated among the remaining Activity Agreement Participants.
NOW,THEREFORE,JT IS HEREBY RESOLVED, AS FOLLOWS:
1. The facts stated in the recitals above are true and correct, and the Board so finds and
determines.
2. The Board hereby authorizes the President of the District to execute the First
Amendment to the Central Delta-Mendota Region Sustainable Groundwater
Management Act Services Activity Agreement Activity in substantially the form
1
attached hereto as Exhibit A, subject to such non-substantial modifications as the
executing officer shall approve prior to execution.
3. The. District's officers, staff, and consultants are authorized and directed to take all
additional actions they deem necessary or appropriate in order to carry out the intent of
this resolution.
PASSED AND ADOPTED this 25`h day of July,2017, by the Board of Directors of the
San Luis Water District,by the following vote:
-VOTE: Aves Nays Absent Abstain
President Diedrich __'
Director Craven 's
Director Hurd
Director Teixeira '
Director Wood
Al
Bill Diedrich,President
Attest:.
Tom Teixeira, Secretary