06-0321_MUNICIPAL WATER DISTRICT OC_Emergency Program AgreementMemorandum
TO: Participating Agencies
FROM: Karl Seckel, Assistant General Manager `v v
DATE: June 1, 2006
SUBJECT: Phase 1 of the Emergency Service Program Connecting IRWD's System to
the South Orange County Import System to Improve Emergency Water
Service
For your files, attached please find a copy of the fully executed Emergency Service
Program Agreement.
Please contact me with any questions.
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FINAL Version - Executable in Counterparts by All Parties
Phase 1 of the Emergency Service Program
Connecting IRWD's System to the South Orange County Import System
To Improve Emergency Water Service
GENERAL TERMS AND CONDITIONS
WHEREAS, there has been a history of cooperation between water agencies in Orange County
for development and implementation of programs benefiting portions of the County or the entire
County; and,
WHEREAS, the economic impacts resulting from short-term system related water shortages has
been demonstrated to be substantial and can reach beyond the boundaries of the actual
locations suffering the shortages; and,
WHEREAS, the South Orange County Agencies (defined as Santa Margarita Water District,
Moulton Niguel Water District, City of San Clemente, South Coast Water District, Laguna Beach
County Water District, EI Toro Water District, City of San Juan Capistrano and Trabuco Canyon
Water District) desire to enter into an operating arrangement with Irvine Ranch Water District
(IRWD) to receive water from the IRWD system with subsequent conveyance into the
distribution system serving south Orange County; and,
WHEREAS, the concept for the Phase 1 Emergency Service Program has been developed to
deal with short-term emergency water system outages (pipeline or other facilities) or planned
shutdown scenarios (for repair, replacement, maintenance or connection of new facilities) in
which imported supplies normally delivered into south Orange County are curtailed, eliminated
or unavailable for a period lasting up to 30 days; and,
WHEREAS, Metropolitan Water District of Southern California (MET) will be shutting down the
Diemer Filtration Plant in four of the next five years to implement improvements to the system,
thereby requiring use of Phase 1 of this program to be operational by the winter of 2006, if
possible; and,
WHEREAS, Phase 1 of the Emergency Service Program shall not be used to deal with drought
or other supply reliability issues; and,
WHEREAS, Phase 1 of the Emergency Service Program can be implemented without impacting
the Orange County Water District (OCWD) groundwater basin by using the existing groundwater
production capacity and distribution system of IRWD in a manner similar to the way it is used
today; and
WHEREAS, the OCWD Board of Directors has found that, because no OCWD basin
groundwater will be delivered outside of the OCWD boundaries under the Phase 1 Emergency
Service program, the Phase 1 Emergency Service program does not constitute a net
exportation of water from the groundwater basin, and is therefore, consistent with the OCWD
Act;
NOW THEREFORE, the Boards of Directors of Municipal Water District of Orange County
(MWDOC), OCWD, IRWD and the South Orange County Agencies jointly agree to the following:
Section 1: The Phase 1 Erpergency Service Program shall be implemented by constructing
interconnections between IRWD and the distribution system serving south Orange County,
r 0
FINAL Version — Executable in Counterparts by All Parties
utilizing portions of the existing IRWD facilities and adding new pumping facilities to boost
pressures to allow the water to move from the IRWD service area to the south County area.
New interconnections between the Joint Regional Transmission Main, the Aufdenkamp
Transmission Main, the South County Pump Station and the IRWD system will be constructed.
The location, sizing and cost of the improvements are currently being developed via a study
effort which is expected to be completed in February 2006.
Section 2: Phase 1 of the Emergency Water Service Program will be implemented in such a
manner that actual pumping from the IRWD Dyer Road Wellfield will comply with the terms and
conditions of the Dyer Road Wellfield Agreements and amendments thereto between IRWD,
OCWD and the City of Santa Ana, including the production limitations therein. To meet the
needs of the Emergency Water Service Program, IRWD will not construct new wells or add
pumping capacity for this purpose, and will not pump a larger volume of water within a fiscal
year than that allowed by the Dyer Wellfield Agreements. The maximum conveyance of water
shall not exceed 50 cubic feet per second of water for more than 30 days per incident, for a
maximum of 3,000 acre-feet per incident. It is generally anticipated that about 30 cubic feet per
second of this water would originate from MET and that the duration of outages are anticipated
to be less than 30 days.
Section 3: Operationally, IRWD and the South County Agencies agree to comply with the
following provisions:
a. The production of groundwater by IRWD under this program will comply with all existing
agreements and rights and will be exchanged with imported MET water for billing
purposes to the South County Agencies and will be "deemed" to be a delivery of MET
water. There will be no added net groundwater pumping for the Emergency Water
Service Program by IRWD for any fiscal year.
b. No new wells will be added for the Phase 1 program.
c. The OCWD groundwater basin rights would not be conferred, conveyed, altered,
changed, or modified, either directly or indirectly, by the delivery of non-native water by
IRWD to parties outside of the OCWD boundaries, or through the exercise of any of the
operating provisions of this Agreement.
d. IRWD shall provide an annual accounting to the agreement parties regarding any water
transmitted to South County Agencies per this program. The accounting shall include
all sources of water used by IRWD in that year and shall be provided within six months
after the end of the water year.
e. Under this Agreement, IRWD shall not be allowed to deliver a greater amount of water in
any water year than they receive or develop from non-OCWD sources, without the
consent of OCWD.
Section 4: Emergency operations under this Agreement can be initiated after concurrence
between the South Orange County Agencies affected by an emergency and IRWD, and upon
immediate notification and coordination with MWDOC and OCWD. At the time the Emergency
Operations are initiated, coordinated monitoring of the water system operations by IRWD, the
South Orange County Agencies affected by the emergency, MWDOC and OCWD will be
initiated. In the event problems arise in the operations of any retail agency water systems that
do not normally occur with the IRWD Dyer Road Wellfield operating at the maximum pumping
rate, IRWD in coordination with MWDOC and OCWD will work with the agencies to identify and
0 0
FINAL Version — Executable in Counterparts by All Parties
implement mitigation measures or alternate modes of operation that are acceptable or the
program will cease operation.
Section 5: MWDOC, IRWD and the South Orange County Agencies will work together
collectively to develop the terms and conditions of a more detailed Operating Agreement
(anticipated by February 2006), including the financial terms, assurances and "best efforts"
regarding delivery of the water by IRWD during differing demand conditions throughout the year,
sharing of capital costs for implementing the project, terms and conditions for use of the existing
IRWD system including priority use for the benefit of the IRWD customers and other terms and
conditions deemed necessary. The Operating Agreement will utilize the information being
developed at this time for the Facilities Preliminary Design Report and other information being
developed by IRWD regarding use of their system.
Section 6: Work efforts between MWDOC, IRWD and OCWD will continue on the
implementation of subsequent phases of the Emergency Water Service Program to provide
benefits to both the OCWD groundwater basin and the South Orange County Agencies. The
emphasis of the work will involve meetings with the Department of Health Services and MET to
seek approval to move locally produced water around in the regional distribution system and
development of projects that can provide further benefits to the groundwater basin during
normal operations and benefits to South Orange County Agencies during emergency or planned
shutdown situations.
Section 7: The term of this Agreement shall be for a duration of twenty-five years (25) after the
effective date of the Operating Agreement noted in Section 5 and shall be renewable for
subsequent periods of fifteen (15) years each unless terminated in writing by OCWD or the
South County Agencies. A three year advance notice is required to be given by OCWD in the
event the Agreement is to be terminated at the end of the original term or at one of the
subsequent renewal periods. Termination by the South County Agencies shall require an
executed notice of termination by all parties except OCWD and IRWD.
Section 8: This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
Executed and effective by and between the undersigned entities on the last date noted below:
Presiden , Municipal Water District of Orange County Date
President, Orange County Water District Date
President, Santa Margarita Water District Date
President, Moulton Niguel Water District Date
0 0
FINAL Version — Executable in Counterparts by All Parties
do not normally occur with the IRWD Dyer Road Wellfield operating at the maximum pumping
rate, IRWD in coordination with MWDOC and OCWD will work with the agencies to identify and
implement mitigation measures or alternate modes of operation that are acceptable or the
program will cease operation.
Section 5: MWDOC, IRWD and the South Orange County Agencies will work together
collectively to develop the terms and conditions of a more detailed Operating Agreement
(anticipated by February 2006), including the financial terms, assurances and "best efforts"
regarding delivery of the water by IRWD during differing demand conditions throughout the year,
sharing of capital costs for implementing the project, terms and conditions for use of the existing
IRWD system including priority use for the benefit of the IRWD customers and other terms and
conditions deemed necessary. The Operating Agreement will utilize the information being
developed at this time for the Facilities Preliminary Design Report and other information being
developed by IRWD regarding use of their system.
Section 6: Work efforts between MWDOC, IRWD and OCWD will continue on the
implementation of subsequent phases of the Emergency Water Service Program to provide
benefits to both the OCWD groundwater basin and the South Orange County Agencies. The
emphasis of the work will involve meetings with the Department of Health Services and MET to
seek approval to move locally produced water around in the regional distribution system and
development of projects that can provide further benefits to the groundwater basin during
normal operations and benefits to South Orange County Agencies during emergency or planned
shutdown situations.
Section 7: The term of this Agreement shall be for a duration of twenty-five years (25) after the
effective date of the Operating Agreement noted in Section 5 and shall be renewable for
subsequent periods of fifteen (15) years each unless terminated in writing by OCWD or the
South County Agencies. A three year advance notice is required to be given by OCWD in the
event the Agreement is to be terminated at the end of the original term or at one of the
subsequent renewal periods. Termination by the South County Agencies shall require an
executed notice of termination by all parties except OCWD and IRWD.
Section 8: This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
Executed and effective by and between the undersigned entities on the last date noted below:
nicipal District f Orange County Date
'
nt, Ora - e County ater District Date
CC
nager, Orange County Water District Date
it, Santa Margarita Water District Date
President, Moulton Niguel Water District Date
0
implement mitigation measures or alternate modes of operation that are acceptable or the
program will cease operation.
Section 5: MWDOC, IRWD and the South Orange County Agencies will work together
collectively to develop the terms and conditions of a more detailed Operating Agreement
(anticipated by February 2006), including the financial terms, assurances and "best efforts"
regarding delivery of the water by IRWD during differing demand conditions throughout the year,
sharing of capital costs for implementing the project, terms and conditions for use of the existing
IRWD system including priority use for the benefit of the IRWD customers and other terms and
conditions deemed necessary. The Operating Agreement will utilize the information being
developed at this time for the Facilities Preliminary Design Report and other information being
developed by IRWD regarding use of their system.
Section 6: Work efforts between MWDOC, IRWD and OCWD will continue on the
implementation of subsequent phases of the Emergency Water Service Program to provide
benefits to both the OCWD groundwater basin and the South Orange County Agencies. The
emphasis of the work will involve meetings with the Department of Health Services and MET to
seek approval to move locally produced water around in the regional distribution system and
development of projects that can provide further benefits to the groundwater basin during
normal operations and benefits to South Orange County Agencies during emergency or planned
shutdown situations.
Section 7: The term of this Agreement shall be for a duration of twenty-five years (25) after the
effective date of the Operating Agreement noted in Section 5 and shall be renewable for
subsequent periods of fifteen (15) years each unless terminated in writing by OCWD or the
South County Agencies. A three year advance notice is required to be given by OCWD in the
event the Agreement is to be terminated at the end of the original term or at one of the
subsequent renewal periods. Termination by the South County Agencies shall require an
executed notice of termination by all parties except OCWD and IRWD.
Executed and effective by and between the undersigned entities on the last date noted below:
President, Municipal Water District of Orange County
President, Orange County Water District
rresicley, Santa Margarita Water District
President, Moulton Niguel Water District
3
Date
Date
Date
0 0
FINAL Version — Executable in Counterparts by All Parties
implement mitigation measures or alternate modes of operation that are acceptable or the
program will cease operation.
Section 5: MWDOC, IRWD and the South Orange County Agencies will work together
collectively to develop the terms and conditions of a more detailed Operating Agreement
(anticipated by February 2006), including the financial terms, assurances and "best efforts"
regarding delivery of the water by IRWD during differing demand conditions throughout the year,
sharing of capital costs for implementing the project, terms and conditions for use of the existing
IRWD system including priority use for the benefit of the IRWD customers and other terms and
conditions deemed necessary. The Operating Agreement will utilize the information being
developed at this time for the Facilities Preliminary Design Report and other information being
developed by IRWD regarding use of their system.
Section 6: Work efforts between MWDOC, IRWD and OCWD will continue on the
implementation of subsequent phases of the Emergency Water Service Program to provide
benefits to both the OCWD groundwater basin and the South Orange County Agencies. The
emphasis of the work will involve meetings with the Department of Health Services and MET to
seek approval to move locally produced water around in the regional distribution system and
development of projects that can provide further benefits to the groundwater basin during
normal operations and benefits to South Orange County Agencies during emergency or planned
shutdown situations.
Section 7: The term of this Agreement shall be for a duration of twenty-five years (25) after the
effective date of the Operating Agreement noted in Section 5 and shall be renewable for
subsequent periods of fifteen (15) years each unless terminated in writing by OCWD or the
South County Agencies. A three year advance notice is required to be given by OCWD in the
event the Agreement is to be terminated at the end of the original term or at one of the
subsequent renewal periods. Termination by the South County Agencies shall require an
executed notice of termination by all parties except OCWD and IRWD.
Section 8: This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
Executed and effective by and between the undersigned entities on the last date noted below:
President, Municipal Water District of Orange County Date
President, Orange County Water District
President, Santa Margarita Water District
President, MoultonNiel Water District
Date
Date
Date
0
of San Clemente Date
Mayor, City of San Juan Capistrano Date
President, EI Toro Water District
Date
President, Trabuco Canyon Water District Date
President, Laguna Beach County Water District Date
President, South Coast Water District Date
President, Irvine Ranch Water District Date
L
Mayor, City of San Clemente
Mayor, City of 8an Juan Capistrano
President, EI Toro Water District
President, Trabuco Canyon Water District
0
Final #6: 1-27-06; Approved by OCWD Board
Date
IIRC& �
ate
Date
Date
President, Laguna Beach County Water District Date
ATTEST:
President, South Coast Water District Date
President, Irvine Ranch Water District Date
R. Monahan, City Clerk
Approved as to form:
John Shaw, City Attorney
2
FINAL Version — Executable in Counterparts by All Parties
Mayor, City of San Clemente Date
Mayor, City of San Juan Capistrano Date
President. EI loroftater District Date
President, Trabuco Canyon Water District
Date
President, Laguna Beach County Water District Date
President, South Coast Water District Date
President, Irvine Ranch Water District Date
0
0 0
FINAL Version — Executable in Counterparts by All Parties
Mayor, City of San Clemente
Mayor, City of San Juan Capistrano
President, EI Toro Water District
President, Trabuco Canyon Water District
President, Laguna Beach County Water District
President, South Coast Water District
President, Irvine Ranch Water District
0
Date
Date
Date
% —zy-U&
Date
Date
Date
Date
0 0
FINAL Version — Executable in Counterparts by All Parties
Mayor, City of San Clemente
Date
Mayor, City of San Juan Capistrano Date
President, EI Toro Water District
Date
President, Trabuco Canyon Water District Date
District Wate4una Beach Counater District
Chau rrnm,
President, South Coast Water District
Date
President, Irvine Ranch Water District Date
4
FINAL Version — Executable in Counterparts by All Parties
Mayor, City of San Clemente
Mayor, City of San Juan Capistrano
President, EI Toro Water District
President, Trabuco Canyon Water District
President, Lagupa Beach County Water District
Pf"e'siderit, So oast Water District
President, Irvine Ranch Water District
rd
Date
Date
Date
Date
Date
S��oL
Date
Date
0 0
FINAL Version — Executable in Counterparts by All Parties
Mayor, City of San Clemente
Mayor, City of San Juan Capistrano
President, EI Toro Water District
President, Trabuco Canyon Water District
President, Laguna Beach County Water District
President, South Coast Water is ' t
President, Irvine Ranch Water District
0
Date
Date
Date
Date
Date
Date
Date
• Final #6: 1-27_10; Approved by OCWD Board
Phase 1 of the Emergency Service Program
Connecting IRWD's System to the South Orange County Import System
To Improve Emergency Water Service
GENERAL TERMS AND CONDITIONS
WHEREAS, there has been a history of cooperation between water agencies in Orange County
for development and implementation of programs benefiting portions of the County or the entire
County; and,
WHEREAS, the economic impacts resulting from short-term system related water shortages has
been demonstrated to be substantial and can reach beyond the boundaries of the actual
locations suffering the shortages; and,
WHEREAS, the South Orange County Agencies (defined as Santa Margarita Water District,
Moulton Niguel Water District, City of San Clemente, South Coast Water District, Laguna Beach
County Water District, EI Toro Water District, City of San Juan Capistrano and Trabuco Canyon
Water District) desire to enter into an operating arrangement with Irvine Ranch Water District
(IRWD) to receive water from the IRWD system with subsequent conveyance into the
distribution system serving south Orange County; and,
WHEREAS, the concept for the Phase 1 Emergency Service Program has been developed to
deal with short-term emergency water system outages (pipeline or other facilities) or planned
shutdown scenarios (for repair, replacement, maintenance or connection of new facilities) in
which imported supplies normally delivered into south Orange County are curtailed, eliminated
or unavailable for a period lasting up to 30 days; and,
WHEREAS, Metropolitan Water District of Southern California (MET) will be shutting down the
Diemer Filtration Plant in four of the next five years to implement improvements to the system,
thereby requiring use of Phase 1 of this program to be operational by the winter of 2006, if
possible; and,
WHEREAS, Phase 1 of the Emergency Service Program shall not be used to deal with drought
or other supply reliability issues; and,
WHEREAS, Phase 1 of the Emergency Service Program can be implemented without impacting
the Orange County Water District (OCWD) groundwater basin by using the existing groundwater
production capacity and distribution system of IRWD in a manner similar to the way it is used
today; and
WHEREAS, the OCWD Board of Directors has found that, because no OCWD basin
groundwater will be delivered outside of the OCWD boundaries under the Phase 1 Emergency
Service program, the Phase 1 Emergency Service program does not constitute a net
exportation of water from the groundwater basin, and is therefore, consistent with the OCWD
Act;
NOW THEREFORE, the Boards of Directors of Municipal Water District of Orange County
(MWDOC), OCWD, IRWD and the South Orange County Agencies jointly agree to the following
Section 1: The Phase 1 Emergency Service Program shall be implemented by constructing
interconnections between IRWD and the distribution system serving south Orange County,
• Final #6: 1 -27 -Approved by OCWD Board
utilizing portions of the existing IRWD facilities and adding new pumping facilities to boost
pressures to allow the water to move from the IRWD service area to the south County area.
New interconnections between the Joint Regional Transmission Main, the Aufdenkamp
Transmission Main, the South County Pump Station and the IRWD system will be constructed.
The location, sizing and cost of the improvements are currently being developed via a study
effort which is expected to be completed in February 2006.
Section 2: Phase 1 of the Emergency Water Service Program will be implemented in such a
manner that actual pumping from the IRWD Dyer Road Wellfield will comply with the terms and
conditions of the Dyer Road Wellfield Agreements and amendments thereto between IRWD,
OCWD and the City of Santa Ana, including the production limitations therein. To meet the
needs of the Emergency Water Service Program, IRWD will not construct new wells or add
pumping capacity for this purpose, and will not pump a larger volume of water within a fiscal
year than that allowed by the Dyer Wellfield Agreements. The maximum conveyance of water
shall not exceed 50 cubic feet per second of water for more than 30 days per incident, for a
maximum of 3,000 acre-feet per incident. It is generally anticipated that about 30 cubic feet per
second of this water would originate from MET and that the duration of outages are anticipated
to be less than 30 days.
Section 3: Operationally, IRWD and the South County Agencies agree to comply with the
following provisions:
a. The production of groundwater by IRWD under this program will comply with all existing
agreements and rights and will be exchanged with imported MET water for billing
purposes to the South County Agencies and will be "deemed" to be a delivery of MET
water. There will be no added net groundwater pumping for the Emergency Water
Service Program by IRWD for any fiscal year.
b. No new wells will be added for the Phase 1 program.
c. The OCWD groundwater basin rights would not be conferred, conveyed, altered,
changed, or modified, either directly or indirectly, by the delivery of non-native water by
IRWD to parties outside of the OCWD boundaries, or through the exercise of any of the
operating provisions of this Agreement.
d. IRWD shall provide an annual accounting to the agreement parties regarding any water
transmitted to South County Agencies per this program. The accounting shall include
all sources of water used by IRWD in that year and shall be provided within six months
after the end of the water year.
e. Under this Agreement, IRWD shall not be allowed to deliver a greater amount of water in
any water year than they receive or develop from non-OCWD sources, without the
consent of OCWD.
Section 4: Emergency operations under this Agreement can be initiated after concurrence
between the South Orange County Agencies affected by an emergency and IRWD, and upon
immediate notification and coordination with MWDOC and OCWD. At the time the Emergency
Operations are initiated, coordinated monitoring of the water system operations by IRWD, the
South Orange County Agencies affected by the emergency, MWDOC and OCWD will be
initiated. In the event problems arise in the operations of any retail agency water systems that
do not normally occur with the IRWD Dyer Road Wellfield operating at the maximum pumping
rate, IRWD in coordination with MWDOC and OCWD will work with the agencies to identify and
2
• FINAL Version — ExecutabA Counterparts by All Parties
implement mitigation measures or alternate modes of operation that are acceptable or the
program will cease operation.
Section 5: MWDOC, IRWD and the South Orange County Agencies will work together
collectively to develop the terms and conditions of a more detailed Operating Agreement
(anticipated by February 2006), including the financial terms, assurances and "best efforts"
regarding delivery of the water by IRWD during differing demand conditions throughout the year,
sharing of capital costs for implementing the project, terms and conditions for use of the existing
IRWD system including priority use for the benefit of the IRWD customers and other terms and
conditions deemed necessary. The Operating Agreement will utilize the information being
developed at this time for the Facilities Preliminary Design Report and other information being
developed by IRWD regarding use of their system.
Section 6: Work efforts between MWDOC, IRWD and OCWD will continue on the
implementation of subsequent phases of the Emergency Water Service Program to provide
benefits to both the OCWD groundwater basin and the South Orange County Agencies. The
emphasis of the work will involve meetings with the Department of Health Services and MET to
seek approval to move locally produced water around in the regional distribution system and
development of projects that can provide further benefits to the groundwater basin during
normal operations and benefits to South Orange County Agencies during emergency or planned
shutdown situations.
Section 7: The term of this Agreement shall be for a duration of twenty-five years (25) after the
effective date of the Operating Agreement noted in Section 5 and shall be renewable for
subsequent periods of fifteen (15) years each unless terminated in writing by OCWD or the
South County Agencies. A three year advance notice is required to be given by OCWD in the
event the Agreement is to be terminated at the end of the original term or at one of the
subsequent renewal periods. Termination by the South County Agencies shall require an
executed notice of termination by all parties except OCWD and IRWD.
Section 8: This Agreement may be executed in one or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
Executed and effective by and between the undersigned entities on the last date noted below:
President, Municipal Water District of Orange County Date
President, Orange County Water District Date
President, Santa Margarita Water District Date
President, Moulton Niguel Water District Date
Mayor, City of San Clemente
6L���rzz
Mayor, City o San Juan Capistrano
President, EI Toro Water District
President, Trabuco Canyon Water District
President, Laguna Beach County Water District
ATTEST:
President, South Coast Water District
President, Irvine Ranch Water District
R. Monahan, City Clerk
Approved as to form:
N Il
j I ffre "im-11 L' 0 mal
Final #6: 1-27-40p; Approved by OCWD Board
Date
;a ke 11Xf
Date
Date
Date
Date
Date
• • Page 1 of 2
Maria Guevara
From: Maria Guevara
Sent: Thursday, March 30, 2006 2:13 PM
To: Eric Bauman
Subject: RE: Emergency Water Service Agreement - Execution Version of Agreement Attached for Follow-
up
Hi Eric,
I just talked to John Shaw & he has no problem with the addition of section 8. 1 will send out agreement.
Thanks,
Maria Guevara, Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6309
(949) 493-1053 - Fax
-----Original Message -----
From: Eric Bauman
Sent: Wednesday, March 29, 2006 5:17 PM
To: Maria Guevara
Subject: RE: Emergency Water Service Agreement
Follow-up
Ok.
Execution Version of Agreement Attached for
-----Original Message -----
From: Maria Guevara
Sent: Wednesday, March 29, 2006 4:35 PM
To: Eric Bauman
Subject: RE: Emergency Water Service Agreement - Execution Version of Agreement Attached for
Follow-up
Eric,
I talked to Meg regarding this & we need to have John Shaw approve it. This went to council & we cannot
make changes to the agreement. He should be back from vacation tomorrow.
Maria Guevara, Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6309
(949) 493-1053 - Fax
-----Original Message -----
From: Eric Bauman
Sent: Tuesday, March 28, 2006 9:41 AM
To: Maria Guevara
Subject: FW: Emergency Water Service Agreement - Execution Version of Agreement Attached
for Follow-up
Maria:
3/30/2006
. • Page 2 of 2
Please execute one copy of the Emergency Service Program, the final copy of
which is attached. It contains an additional clause (#8) allowing the
document to be signed in counter parts. Pleas send one executed copy to
Maribeth Goldsby at MWDOC; she will send back a copy of all the other
signatures for your records once they are all submitted.
Eric.
-----Original Message -----
From: Karl Seckel [mailto:kseckel@mwdoc.com]
Sent: Monday, March 27, 2006 7:11 PM
To: admin@tcwd.ca.gov; jkennedy@ocwd.com; A] Howard (E-mail);
aamirani@sanjuancapistrano.org; bgumerman@mnwd.com; bhill@etwd.com; ballard@inad.com;
danf@smwd.com; rebensdorfd@san-clemente.org; David Cordero; dcafferty@etwd.com;
dchadd@tcwd.ca.gov; Igray@mnwd.com; EBauman@sanjuancapistrano.org; Greg Heiertz (E-
mail); jrnestor@lbcwd.org; johns@smwd.com; Kevin P. Hunt; Idees@mnwd.com; Lee Jacobi;
Matt Stone; Michelle Tuchman; mdunbar@scwd.org; hoolihan@irwd.com; Pat Meszaros;
cook@irwd.com; jones@irwd.com; rhinchey@lbcwd.org; Richard Bell; malloy@irwd.com;
tstephenson@mnwd.com
Cc: Maribeth Goldsby
Subject: Emergency Water Service Agreement - Execution Version of Agreement Attached for
Follow-up
I have received a number of calls or emails about Execution of the Agreement. I had legal staff
add a Section 8 about Execution in Counterparts.
Attached is the Final Version with this Section added. It allows each agency to print and execute
one copy and mail it to Maribeth Goldsby at MWDOC. MWDOC will collect all copies and mail a
copy of all Execution copies back to each agency.
If you are not the one responsible at your agency for handling this, please pass this e-mail and
Agreement version along.
Thanks,
Karl Seckel
714-593-5024
3/30/2006
3/21/2006
AGENDA REPORT D8
TO: David Adams, City Manager"
FROM: Amy Amirani, Public Works Director
SUBJECT: Consideration of Agreement for Phase 1 of the Emergency Service
Program Connecting Irvine Ranch Water District's System to the South
Orange County Import System to Improve Emergency Water Service
RECOMMENDATION:
By motion, approve the Phase 1 Emergency Service Program Agreement, and
authorize the Mayor to execute the Agreement.
SITUATION:
Execution of this agreement will approve the City's participation in negotiations with the
Municipal Water District of Orange County (MWDOC) and its component agencies to
purchase emergency import capacity at a later date, based on a more detailed
agreement specifying costs, rights, and conditions as outlined in section 5 of the
Emergency Service Program Agreement (ESPA). The ESPA will not bind the City to
participate in the Operations Agreement discussed in section 5, nor bind the City to pay
any additional costs, other than those already paid for participation in the Reliability
Study.
Staff will bring the ensuing agreement described in section 5 of the ESPA agreement to
the City Council when it is completed. Based on the costs and benefits of the
agreement, the City will be able to consider participation in this arrangement, or the
pursuit of other arrangements to meet its emergency supply needs.
HISTORY:
Municipal Water District of Orange County (MWDOC) and its member agencies began
working on a study of the Water Reliability in Orange County in January 2001, and
completed phase II of the study in September 2004. It is now in the implementation
phase. Metropolitan Water District (MWD) provides water to the Orange County area
from the State and Colorado River Projects, through the Diemer Plant to the Orange
County area. The Reliability Study identified issues for Orange County such as an
outage of the Allen-McColloch Pipeline, and/or East Orange County Feeder No. 2
Pipeline, and/or the possibility of the MWD's Diemer Treatment Plant Outage. The
Water Reliability Study described implementation of a number of projects for the South
Orange County agencies to insure the reliability of the water for our area. Among those
projects is the Emergency Service Program Connecting Irvine Ranch Water District's
(IRWD) System to the South Orange County Import System. This project was selected
Agenda Report • •
Page 2 March 21, 2006
for implementation first because of the overall import systems readiness to implement it,
and the low capital costs involved in its implementation.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
On February 28, 2006, the Water Advisory Commission recommended the Council
consider acceptance of the ESPA agreement.
FINANCIAL CONSIDERATIONS:
There are no financial impacts at current.
NOTIFICATION:
Municipal Water District of Orange County
RECOMMENDATION:
By motion, approve the Phase 1 Emergency Service Program Agreement, and
authorize the Mayor to execute the Agreement.
Respectfully submitted,
Gmt�.
Amy Amirani,
Public Works Director
AA:EPB/mp
Attachment(s): 1. Agreement
Prepared by,
eft &%,
Eric P. Bauman,
Water Engineering Manger
• DRAFT #6: 1-27VApproved by OCWD Board
Phase 1 of the Emergency Service Program
Connecting IRWD's System to the South Orange County Import System
To Improve Emergency Water Service
GENERAL TERMS AND CONDITIONS
WHEREAS, there has been a history of cooperation between water agencies in Orange County
for development and implementation of programs benefiting portions of the County or the entire
County; and,
WHEREAS, the economic impacts resulting from short -tens system related water shortages has
been demonstrated to be substantial and can reach beyond the boundaries of the actual
locations suffering the shortages; and,
WHEREAS, the South Orange County Agencies (defined as Santa Margarita Water District,
Moulton Niguel Water District, City of San Clemente, South Coast Water District, Laguna Beach
County Water District, EI Toro Water District, City of San Juan Capistrano and Trabuco Canyon
Water District) desire to enter into an operating arrangement with Irvine Ranch Water District
(IRWD) to receive water from the IRWD system with subsequent conveyance into the
distribution system serving south Orange County; and,
WHEREAS, the concept for the Phase 1 Emergency Service Program has been developed to
deal with short-term emergency water system outages (pipeline or other facilities) or planned
shutdown scenarios (for repair, replacement, maintenance or connection of new facilities) in
which imported supplies normally delivered into south Orange County are curtailed, eliminated
or unavailable for a period lasting up to 30 days; and,
WHEREAS, Metropolitan Water District of Southern California (MET) will be shutting down the
Diemer Filtration Plant in four of the next five years to implement improvements to the system,
thereby requiring use of Phase 1 of this program to be operational by the winter of 2006, if
possible; and,
WHEREAS, Phase 1 of the Emergency Service Program shall not be used to deal with drought
or other supply reliability issues; and,
WHEREAS, Phase 1 of the Emergency Service Program can be implemented without impacting
the Orange County Water District (OCWD) groundwater basin by using the existing groundwater
production capacity and distribution system of IRWD in a manner similar to the way it is used
today; and
WHEREAS, the OCWD Board of Directors has found that, because no OCWD basin
groundwater will be delivered outside of the OCWD boundaries under the Phase 1 Emergency
Service program, the Phase 1 Emergency Service program does not constitute a net
exportation of water from the groundwater basin, and is therefore, consistent with the OCWD
Act;
NOW THEREFORE, the Boards of Directors of Municipal Water District of Orange County
(MWDOC), OCWD, IRWD and the South Orange County Agencies jointly agree to the following:
Section 1: The Phase 1 Emergency Service Program shall be implemented by constructing
interconnections between IRWD and the distribution system serving south Orange County,
ATTACHMENT
• DRAFT #6: 1-279 Approved by OCWD Board
utilizing portions of the existing IRWD facilities and adding new pumping facilities to boost
pressures to allow the water to move from the IRWD service area to the south County area.
New interconnections between the Joint Regional Transmission Main, the Aufdenkamp
Transmission Main, the South County Pump Station and the IRWD system will be constructed.
The location, sizing and cost of the improvements are currently being developed via a study
effort which is expected to be completed in February 2006.
Section 2: Phase 1 of the Emergency Water Service Program will be implemented in such a
manner that actual pumping from the IRWD Dyer Road Wellfield will comply with the terms and
conditions of the Dyer Road Welifield Agreements and amendments thereto between IRWD,
OCWD and the City of Santa Ana, including the production limitations therein. To meet the
needs of the Emergency Water Service Program, IRWD will not construct new wells or add
pumping capacity for this purpose, and will not pump a larger volume of water within a fiscal
year than that allowed by the Dyer Wellfield Agreements. The maximum conveyance of water
shall not exceed 50 cubic feet per second of water for more than 30 days per incident, for a
maximum of 3,000 acre-feet per incident. It is generally anticipated that about 30 cubic feet per
second of this water would originate from MET and that the duration of outages are anticipated
to be less than 30 days.
Section 3: Operationally, IRWD and the South County Agencies agree to comply with the
following provisions:
a. The production of groundwater by IRWD under this program will comply with all existing
agreements and rights and will be exchanged with imported MET water for billing
purposes to the South County Agencies and will be "deemed" to be a delivery of MET
water. There will be no added net groundwater pumping for the Emergency Water
Service Program by IRWD for any fiscal year.
b. No new wells will be added for the Phase 1 program.
c. The OCWD groundwater basin rights would not be conferred, conveyed, altered,
changed, or modified, either directly or indirectly, by the delivery of non-native water by
IRWD to parties outside of the OCWD boundaries, or through the exercise of any of the
operating provisions of this Agreement.
d. IRWD shall provide an annual accounting to the agreement parties regarding any water
transmitted to South County Agencies per this program. The accounting shall include
all sources of water used by IRWD in that year and shall be provided within six months
after the end of the water year.
e. Under this Agreement, IRWD shall not be allowed to deliver a greater amount of water in
any water year than they receive or develop from non-OCWD sources, without the
consent of OCWD.
Section 4: Emergency operations under this Agreement can be initiated after concurrence
between the South Orange County Agencies affected by an emergency and IRWD, and upon
immediate notification and coordination with MWDOC and OCWD. At the time the Emergency
Operations are initiated, coordinated monitoring of the water system operations by IRWD, the
South Orange County Agencies affected by the emergency, MWDOC and OCWD will be
initiated. In the event problems arise in the operations of any retail agency water systems that
do not normally occur with the IRWD Dyer Road Wellfield operating at the maximum pumping
rate, IRWD in coordination with MWDOC and OCWD will work with the agencies to identify and
• DRAFT #6: 1-279 Approved by OCWD Board
implement mitigation measures or alternate modes of operation that are acceptable or the
program will cease operation.
Section 5: MWDOC, IRWD and the South Orange County Agencies will work together
collectively to develop the terms and conditions of a more detailed Operating Agreement
(anticipated by February 2006), including the financial terms, assurances and "best efforts"
regarding delivery of the water by IRWD during differing demand conditions throughout the year,
sharing of capital costs for implementing the project, terms and conditions for use of the existing
IRWD system including priority use for the benefit of the IRWD customers and other terms and
conditions deemed necessary. The Operating Agreement will utilize the information being
developed at this time for the Facilities Preliminary Design Report and other information being
developed by IRWD regarding use of their system.
Section 6: Work efforts between MWDOC, IRWD and OCWD will continue on the
implementation of subsequent phases of the Emergency Water Service Program to provide
benefits to both the OCWD groundwater basin and the South Orange County Agencies. The
emphasis of the work will involve meetings with the Department of Health Services and MET to
seek approval to move locally produced water around in the regional distribution system and
development of projects that can provide further benefits to the groundwater basin during
normal operations and benefits to South Orange County Agencies during emergency or planned
shutdown situations.
Section 7: The term of this Agreement shall be for a duration of twenty-five years (25) after the
effective date of the Operating Agreement noted in Section 5 and shall be renewable for
subsequent periods of fifteen (15) years each unless terminated in writing by OCWD or the
South County Agencies. A three year advance notice is required to be given by OCWD in the
event the Agreement is to be terminated at the end of the original tern or at one of the
subsequent renewal periods. Termination by the South County Agencies shall require an
executed notice of termination by all parties except OCWD and IRWD.
Executed and effective by and between the undersigned entities on the last date noted below:
President, Municipal Water District of Orange County Date
President, Orange County Water District Date
President, Santa Margarita Water District Date
President, Moulton Niguel Water District
Date
• DRAFT #6: 1-27t Approved by OCWD Board
Mayor, City of San Clemente Date
Mayor, City of San Juan Capistrano
Date
President, EI Toro Water District Date
President, Trabuco Canyon Water District Date
President, Laguna Beach County Water District Date
President, Irvine Ranch Water District
4
Date
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www. sanjuancapistrano. org
March 23, 2006
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1776
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
On March 21, 2006 the City Council of San Juan Capistrano met regarding:
"Consideration of Agreement for Phase 1 of the Emergency Service Program
Connecting Irvine Ranch Water District's System to the South Orange County
Import System to Improve Emergency Water Service" Item No. D8.
The following action was taken at the meeting: Phase 1 Emergency Service Program
Agreement between the South Orange County Agencies (Santa Margarita Water
District, Moulton Niguel Water District, City of San Clemente, South Coast Water
District, Laguna Beach County Water District, EI Toto Water District, Trabuco
Canyon Water District, and City of San Juan Capistrano) and the Irvine Ranch
Water District (IRWD) approved.
If you have any questions regarding this action, please contact Eric Bauman, Water
Engineering Manager at 487-4312 for more detailed information.
Thank you,
Meg Monahan, CMC
City Clerk
Enclosed:
Cc: Municipal Water District of Orange County; Eric Bauman, Water Engineering
Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
iV Printed on recycled paper
0
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www sanjuancapestrano. org
MEMBERS OF THE CITY COUNCIL
NOTIFICATION OF MEETIM-OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
SAM ALLEVATO
DIANE BATHGATE
MATT HART
JOE SOTO
DAVID M. SWERDLIN
The City Council of San Juan Capistrano will meet at 7:00 p.m. on March 21, 2006 in
the City Council Chamber in City Hall, to consider: "Consideration of Agreement for
Phase 1 of the Emergency Service Program Connecting Irvine Ranch Water
District's System to the South Orange County Import System to Improve
Emergency Water Service" – Item No. D8.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00
p.m. on Monday, March 20, 2006 to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found inside the entrance to the Council Chamber. This form is turned in at the
staff table, just in front of the Council dais. You will be called to speak by the Mayor
when the item is considered.
You have received this notice at the request of the City staff member Eric Bauman,
Water Engineering Manager. You may contact that staff member at (949) 487-4312
with any questions.
The agenda, including agenda reports, is available to you on our web site:
www.sanivancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
council-agendas(o2sanivancaoistrano.org.
Meg Monahan, CMC
City Clerk
cc: Municipal Water District of Orange County; Eric Bauman, Water Engineering
Manager
Received staff report
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Printed on recydetl paper