HomeMy WebLinkAboutAgreement A-17-075-1 to Central DM Region SGMA Services.pdf6-22-2017
FIRST AMENDMENT .TO
CENTRAL DELTA-MENDOTA REGION
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Agreement No.17-075-1
SUST AINABLEGROUNDWATER MANAGEMENT ACT
SERVICES ACTIVITY AGREEMENT
AND CONSENT OF SS-MOA PARTICIPANTS
A. ,The San Luis & Delta-M:endota Water A:uthority (':Authority") and,Eagle Field Water
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District; Mercy Springs Water District; Pacheco Water District; Panache Water District; San
Lu~s Water I>istrict; Tran911illity Irrigation Di~trict; and Fresno Slough Water District, its
members who have executed that. certain Central Delta-Mendota Region Sustainable
Groundwater Man~gemep.t Act ("SOMA '1 Services Activity Awe~ent (the "Activity
Agreem~t Members" and "Activity Agreement,", i:espectivyly conte~platedparticip~on by the
OroLoma Water District, which. initially authorized execution of the Activity Agreem~t anp
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was included as an Activity Agr~ment .Memb~r on theiFinal .2-1P-2017 Agreement executed by
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the otherparties.
B. Oro Loma. Water District subsequently rescinded tqat authorization and never
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executed the Activity Agreement.
C. The Activity Agreement imposep. a deadline o(February 28, 2017, as the date· by
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wllich all Activity Agreement Members and SS:MOA Participants,must execute their respective
agreements or receive additio11al approvals to pa:rticip~.
D. Not all of the contemplated initial Activity Agreement Menibers were a~le to act by
theJebrumy 2~, 2017 deadline for particip?,tion as initial. m~mbers.
E. The Activity Agreement also contemplated participation tl1rough Memoranda of
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Agreement by an initial group of SS-MOAPa.rticipants, including-,Fresno County; Merced
County; and Santa Nella County Water:District, altof whom have executed Memoranda of
Agreement but some ofvt1J.om were not ableto5tct 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 E,r.Jn"bit "A" map describin~ the boundaries of the A<;tivity 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 S.S-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 AgreementParticipants and not as parties who may be admitted to participation only
through Amendment of the Activity Agreement, special recommendation of the Management
Committee .and additional approval by the Board of Directors. ·
H. The Authority and the AQtivity Agreement Members also desire to correct a
clerical error by eliminating the signature block on the Activity Agreement for the Santa N~lla.
County Water Dist,rict, 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 Agreem~t Members, with approval of the SS-MOA Participants.
NOW, THEREFORE, in consideration of the true and correct facts recited above, the Activity
Agreement Members and the Authority agree as follows:
The name ''Oro.Loma
Water District" is omitted fr9m· the listing of Authority Members who execute this Agreement
2.2. Orpj,gmaSignat:up; Block. The signature block for Oro Loma Water
.District is deleted from the Activity Agreement.
6,,.-22-2017
2.3. Exhibit" A" Rm,laoed. The map attached to the Activity Agreement
as Exhibit "A" that included Oro Loma Water District is herel;>y replaced with Exhibit "A"
attached to this First Amendment.
2.4 Exhibit C, ~tion Perc,entmros Re,placeq. The
Participation Percentages attached to the Activity Agreement as Exhibit "C,' is hereby
superseded and replaced by Exhibit "C" attach~ to this First Amendment, omitting Oro Loma
Water District and reallocatmg participation percentages among the remaining Activity
Agreement Participants.
3. Al\JENDM&;NTS;JZOTREATAS~A™1;Y4GREEMENT:
PAilTICIP~""TSAcm'.ITYAGREEMENT:~Rfri.S§:MQA
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fARTIC:IP4NTS ~Q EXECQTEP THED:i RESPEffl'D/Ei.Q.Wlfit
AGlffl,EMENT PRIOR TO APRILl~.\12017
3.1 Qaw Clumg,e µ1 Section 4,4@, In Section 4.4(b)
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ofthe Activity
Agreement, the date "-February 2~. 2017" is hereby replaced with the date "April 30, 2017."
3.2. ]Jate.qhane'es:m,SoooonlS. In Section IS oftbe Activity Agreement. the
date "'February 28, 2017" is hereby replaced ~ach time it occurs with the date "April 30, 2017,,'~
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for a tQtal of 3 replacements.
4. Al\BNDMENT TO commct CLE_RICAL, ERR2R
The sjgnature block for Santa Nella County Water District was included because of
clerical error and is hereby deleted from the Activity Agreement
5. IFFE~T & lfFEC'IJVEJf!ATE OF mw AMffiDMENT
S .1 Amendment Ab Inltio. This First Amendmentis intended to modify the
Activity Agreement ab .initio to remove any refer~ce to participation by the Oro Lo~ Water
District; to provide that any Activity Agreement Participant who h11s ~ecuted its respective form
of Activity Agreement or Memorandµm of Agreem.ent prior to April 30, 2017, has timely acted
such that no separate Amendment or procedure for ~ommendatlon and approval is required;
and to remove the Santa Nella County Water District sigriature block.
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S.2 M,gdi~ Acyi!£itf Agtooment. The terms of the Activity Agreement as
modified by this First Amendment remain in full·force and effect.
F. Effective Date. Thia Fir.st Amendment shall become effective upon
its execu,tion by an authorized representative of the Water Authority and a majority of the
Activity Agreement Members with the consent of the SS-MOA Participants, which consent may
be accomplished by execution of the form attached hereto as Attachment 1.
SAN LUIS & DELTA-MENDOTA WATER AUTHORITY
By. ___________ _
Nwne=---~--------
Title: -----------------
Date:. __________ _
ACTJVITY AGREEMENT MEMBERS
Agency Name: EAGLE FIELD WATER DISTRICT
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By:------------
Name: ----------· ·-··.--• -
Title: ------"------
Datet .,.__._c.--_______ _
Agency Name:_ FRESNO SLOVGH WATER DIST.RJCT
By:--------------
Name: ----------.....
Title:, ___________ _
Date: ----~----------
Agency Name: MERCY SPRINGS WATERDISTRICT
By:---'----------
Name: ----------
Title: ---------........__---
Date:------------~---'-"
Agency Name: PACHECO WATER DISTRICT
By: ________ ,,, __ _
Name:..,;.. __________ _
Title: ____ _... _____ _
Date: --,.--"-----~-
6--22-2017
Agency Name: PANOCHE. WATER DISTRICT
By~----------
Name: ------------
Title: ----------
Date:_..:..· ~-----------__,,........c...--
Agency Name: SAN LUIS WATER DISTRICT
./ al A .Q)·.'fi·I-~.
By: ~~IJ,Vl~ 1/~
Name: <-c>M, ~t::L t:!l~Th~:
Title: G-sH.EittlJ J::7-sHv\:'oE&
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nete: 'Y¼\'1 _ Z. S, <:, (:)\3'::
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Agency Name: TRANQUILLITY IRRIGATION DISTRICT·
Name: ---------
Title:. ·---------
6-22 .. 2017
AMENDED EXHIBIT "A"
MAP OF CENTRAL DM REGION BOUNDARIES
Central Delta.~Mendota Region GSA
Local Ag,ency Boundaries
EXHIBIT "C"
CENTRAL DM REGION
ACTIVITY PARTICIPANT PARTICIPATION PERCENTAGES
Agency/GSA Name
Central DM Region
Multi-Agency GSA
Eagle Field Water District
Fresno County
Fresno Slough Water District
Merced County
Mercy Springs Water District
Pacl:ieoo Water District
Panoohe Water District
San Luis Water District
.Participation
Status
~her
SS-MOA Participant
Member
SS.;MQA Participant
Member
Melllbef
M~er
Mero~
Santa Nella County Water District SS-MOA Participant
Tnmquillity hrigation District Member
W'idren Water District GSA
Widren Water District
Dated Effective :ms of: March 1, 2017
Participation
Percentage
6% GSA Allocation
13.5% GSA Allocation
6% GSA Allocation
9.5% GSA Allocation
7 .6% GSA A:Uocation
7 .1 % GSA Allocation
15. 7% GSA Allocation
20.0% GSA Allocation
6% GSA Allocation
8.6% GSA All«.ation
100%
100%1 GSA Allocation.
CENTRAL DM REGION SOMA SERVICES ACTIVITY AGREEMENT Final 2-10-2017
GSA Total
Allocaoo111
94%
6%
H)O%
Central Deb-Mendota~
SGMA Servlces_Adivfty .Agreement/MOA
Co.stShareAprllZ01.7A~
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(;-22-2017
.ATTACHMENT 1.
SS-MOA PARTICIPANT CONSENT TO FJRST AMENDMENT
TO THE CENTRAL DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT
SERVICES.ACTMTY 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 th~ .First Amendm~t to the Central Delta-MendoUt
Region Sustainable Groundwater Management Act Services Activity Agreement.
SS-MIOA PARTICIPANT
Title: Chairperson, Board of Supervisors
.Date: _October 23, 2918.
RESOLUTIONN0.17-1U5
RESOLUTION OF THE.BOARD OF DIRECTORS OF THE SAN LUIS
WATER DISTRICT, AUTHORlZING THE EXECUTION OF THE J,?IRST
AMENDMENT TO CENTRAL_DELTA-MENDOTA REGION
SUSTAINABLE GROUNDWATER MANAGEMENT ACT SERVICES
ACTIVITY AGREEMENT AND CONSENT OF SS-MOA J,> ARTICIPANTS
WHEREAS~ on February 28, 2017 the San Luis Water District (District) I3oard 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 A¥reement; and
WHEREAS, the Activity Agreement also contemplated participation through
Memoram;la 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 Agreernent, 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, .IT IS HEREBY RESOLVED, AS FOLLOWS:
1. The facts stated in the recitals above are true an9-com~ct, and the Board so finds and
determines.
2. The Board hereby authorizes the President of the Distrfot to execute the First
Amendment to the Central Delta-Mendota Region Sustainable Groundwater
Management Act Services Activity Agreement Activity in substantially the form
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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 int_ent of
this resolution.
PASSED AND ADOPTED this_ 25 th day of July, 2017, by the Board of Directors of the ---
San Luis Water District, by the followin$, vote:
VOTE: Ayes Nays Absent Abstain
President Diedrich -✓ ---· Director Craven v---
Director Hurd ,0°'
Director Teixeira .~'
Director Wood ✓ --
Attest:
Tom Teixeira, Secretary '·