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HomeMy WebLinkAbout11/05/86 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, NOVEMBER 5, 1986 12:00 P.M. - NOON COMMUNITY SERVICES DEPARTMENT CONFERENCE ROOM Call meeting to order Roll call - Board Members: Moore, Chairman; Ratty, Salvaggio 1. Approve minutes of meeting held July 16, 1986. 2. Scheduled public statements. 3. Acquisition of water well site for Ashe Water Service Area on Gosford Road.' FOR DISCUSSION and BOARD ACTION. 4. Mainline Extension Agreement. FOR BOARD IMFORMATION. 5. Proposed Annexation to City of Bakersfield Domestic Water Service area. The area comprises approximately 600 acres. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 6. Letter Agreement between City of Bakersfield and North Kern Water Storage District regarding North Kern use of Kern River water for exchanges. FOR BOARD ACTION and RECO~iMENDATION TO CITY COUNCIL. 7. Agreement for Transportation of. Water By and Between North Kern Water Storage District and Cawelo Water District. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 8. Proposed Weather Modification Agreement for City participation in the 1986-87 cloud seeding program on the Kern River watershed. FOR DISCUSSION AND BOARD ACTION. 9. Staff comments. 10. Board comments. 11. Adjournment. WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JULY 16, 1986 12:00 P.M. - NOON The meeting was called to order by Chairman Moore in the Community Services Department Conference Room. The secretary called the roll as follows: Present: Moore (Chairman); Ratty (Seated at 12:14pm), Salvaggio The minutes of the regular meeting held May. 14, 1986 were approved as presented. Mr. Moore suggested that a motion would be in order to receive and add to the discussion under Item #6 the letter form Mr.~ George Nickel dated 6-26-86. Mr. Salvaggio made a motion to this effect. The motion passed. The proposed Laborde Annexation to City. of Bakersfield Domestic Water service area was brought before the'Board.by Mr. Core. A letter of request for annexation to the City's water System had.been received~ from the proposed service area landowners. Mr. Core explained that the agreement for the de- velopers to provide water wells and water mains needed to serv~ the area, was part of the Laborde-area development agreement and was already in-place. A motion was made by Mr. Salvaggio to approve the annexation and recommend to City Council this an- nexation to CitY water service area. The motion passed. The status of the water contract with the California Living Museum (C.A.L.M.), was presented before the Board by Mr. Alan Daniel, CitY Attorney's Office. Mr. Daniel explained that the City has an agreement with C.A.L.M. to provide water, and C.A.L.M. has fallen behind in their payments to the City and have not signed contract amendments they ~agreed to sign'concerning~water used for domestic purposes. A motion was made by Dr. Ratty to meet with C.A.L.M. Board and discuss the problems, and let C.A.L.M. Board know that additional correSpondence will follow if needed. The motion passed. A presentation was made by George Nick'el regarding, the pro- posed "NICKEL PLAN" to bank and sell water to Metropolitan Water District (MWD) of Los Angeles. Mr. Nickel gave the background of his "NICKEL PLAN", along with his presentation of the proposed "NICKEL PLAN." After much discussion, the City's policy of not selling City water Outside the San Joaquin Valley portion of Kern County was restated. Mr. Moore then suggested that staff 1) make contact with MWD to explore MWD's potential interest in the "NICKEL PLAN", and; 2) contact and poll City's other "2800 Acre". contractors to see if thley would be interested in participating in the sale of banked water to MWD, and ask them to respond in writing. Staff was directed by Board to do this. For Board information, Mr. Bogart brought before the Board the proposed contract amendment between Kern RiVer Interests and U. S. Bureau of Reclamation.exempting Isabella Reservoir from the provisions of Federal Reclamation Law. Mr. Bogart explained that based upon recent discussions with North Kern W.S.D. staff, once the acreage limitation amendment was completed the City would be free to begin discussions with the Bureau regarding the use of Isabella Reservoir for Municipal and Industrial (M. & I.) purposes. Mr. Daniel recommended that since this Amendment involves a con- tract change a motion would be in order. A motion was made by Dr. Ratty to recommend to City Council the approval of the contract amendment and to authorize North Kern W.S.D. to sign on behalf of the City. The motion passed. There were staff comments from Mr. Bogart regarding the Olcese Power'Project, an update ~on status of the Chevron, U.S.A. 'Notice of Termination' dealt with in a previous meeting; and comments on the proposed 46,000 Acre spreading area, otherwise known as the "Kern Water Bank." meeting adjourned at l:37pm. ~' / The R0'l~ie Moor e ~irman' City of Bakersfield Water Board , /. Sharon Robison, Secretary City of Bakersfield Water Board DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION REFUND AGREEMENT WATER BOARD MEETING OF NOVEMBER 5, 1986 DEVELOPER TRACT or PARCEL MAP REFUND AMOUNT Tenneco Realty Dev. Corp. Parcel Map #7332 $116,677.05 22 23 24 ::::: ::::: ~ :1 ~ ::m: .. 2 :::::::::.:m::::: :::::::::'":::::~ :::::~F':':H~ ~{~::~'~:{~ 27 26 25 30 2g 28 · 27 26 3 2 1 6 S '4 3 2 gl~Y of BAKERSFIELD DOMESTIC WATER SYSTEM ASBE & FAIRIIAVEN SERVICE AREAS[~{~J-- P~SENT SERVICE MA EFFECTIVE DATE - 1/30/80 RESOLUTION NO. 80-1 WB [AIRI~VEN ANNE~T1ON 3/15/82 LABORD[ DIVISION AODEO FAIRIIAVEN ADI)ITIO. 8/29/e4 JULY 16, 1)86 WATER BOARD 'EXHIBIT A ~SOLUTION NO. 74-84 SEGYION 21 & 22, T.3OS. R.27E. '. ~DITION, 10-2-85 WAFER BOARD C IT Y 0 F "~ '~='~//'~;' '~'~'~'"~ CALl FO R N IA ~~-~ I ~ PAULDOW. Manag6r ~ ~ ~ ~ C~ ' GENE BOGART, Director of Water Resources ~ JIM LEDOUX, Recreation Superintendent, 326-3701 ROBERT HART, Sanitation Superintendent, 326-3781 November 1, 1986 North Kern Water Storage District P. O. Box 1195 Bakersfield, CA 93382 RE: KERN RIVER WATER USE Gentlemen: This letter agreement is being written as a result of negotiations between the City of Bakersfield ("City") and the North Kern Water Storage District ("North Kern") regarding the City's approval of an "Agreement for Transportation of water by and between North Kern Water Storage District and Cawelo Water District" dated August l, 1986. The City has expressed its concern that North Kern's delivery of its Kern River water in exchange to Cawelo Water District ("Cawelo") and/or any other potential exchangor (collectively referred to.as "Exchangors") could result in an increased use, above historical levels, of Kern River water by North Kern pursuant to the "Agreement for Use of Water Rights'! between North Kern and Kern County Land Company and others, dated Jan- uary 1, 1952 (The "1952 Agreement"). The rights of the Kern County Land Company under the 1952 Agreement are now held by the City. The 1952 Agreement states: "Any and all waters diverted by the District from the Kern River hereunder may be used within the present boundaries of the District, but not elsewhere." The Cawelo-North Kern Agreement contains provisions for exchange of water which could potentially increase North Kern's use of water under the 1952 Agreement. So as to avoid such unintended additional use oc- curring during periods of exchange, North Kern hereby agrees that diver- sion of Kern River water to Exchangors will be carried out in such a manner that it will not result in increased use of Kern River water by 4101 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93309 · (805) 326-3715 November l, 1986 North Kern Water.._Stor_~.~e District Page 2 North Kern under the 1952 Agreement over that which has occurred histori- cally since 1952. To carry out this commitment, North Kern agrees to limit its groundwater replenishment so that exchange water delivered to Exchangors can be clearly identified as "in lieu" of spreading and not in addition thereto. For the purpose of this agreement, if North Kern elects to divert its Kern River water to any Exchangor, North Kern agrees that Exchangor's boundaries shall lie within the groundwater basin of the San Joaquin Valley portion of Kern County. It is understood that North Kern does not intend to reduce the "net" Kern River water available to the groundwater basin and that its policy in this respect is in harmony with the policy of the City. To this end, North Kern and the City have agreed that the following flow utilization limits will be applied to all North Kern spreading for groundwater replenishment from any source, including but not limited to Kern River, Poso Creek and Friant-Kern waters, on those days North Kern is delivering Kern River exchange water: Month Average Daily C.F.S. Jan. 332 Feb. 349 Mar. 395 Apr. 364 May 375 Jun. 374 Jul. 286 Aug. 312 Sep. 346 Oct. 378 Nov. 351 Dec. 356 The above figures are based on the maximum monthly amounts historically spread by North Kern. It is understood that these figures represent the adopted daily limit to be applied to the use of all North Kern spreading water during the exchange period. The "Average Daily C.F.S." figures above shall be reduced by that amount of Poso Creek natural flow passing the measuring station located in Section 6, T.27S., R.26E. (the easterly boundary of North Kern), up to a maximum of 70 C.F.S. per day; and/or by that amount of Friant-Kern water entering the Poso Creek channel from the outlet located in Section 36, T.26S., R.25E., up to a maximum of 35 C.F.S. per day. November l, 1986 North Kern Wate____~r Storage District Page 3 Whenever the sum of North Kern use of Kern River water for spreading in District ponds and in the Poso Creek channel, plus the exchange water being delivered to E×changors exceeds the "Average Daily C.F.S." amounts listed in the above table (adjusted for Poso Creek and/or Friant-Kern inflows), then the excess water ("Excess") diverted by North Kern each day shall be calculated in acre-feet and returned to City by means of one of the following: 1) Transfer the total Excess to the City in Isabella Reservoir on the first day of the month following the exchange; or 2) Upon notification to and with consent of citY, return Excess to City on a daily basis. Return of Excess by this method shall be deemed to be a part of North Kern spreading water diverted for that day and shall be subject to the same "Average Daily C.F.S." limits listed above. Each exchange period shall be dealt with discretely, (i.e. calculations and resulting transfers and/or return deliveries, if any, shall be made for each exchange period and shall not be calculated cumulatively) and shall cover the period from the day that delivery of exchange water to Exchangors is commenced to the day it is terminated. North Kern shall provide City, for each day of each exchange period, all the required data relating to North Kern's spreading operation. It is recognized that these limitations may be subject to being increased or decreased in the future if it is demonstrated that the "Average Daily C.F.S." figures require modification to coincide with the intent of the parties that increased utilization of Kern River water by North Kern will not result from any exchange agreement. However, any adjustments made to the above "Average Daily C.F.S." column shall be made only after mutual review and the written consent of both the City and North Kern. USE OF BEARDSLEY CANAL FACILITIES All such payments made to North Kern by Exchangors for operation and maintenance of the Beardsley Canal and appurtenant facilities shall be ad- ministered in accordance to the "Agreement of Sale of Canals and Other Assets for Transportation of Water", dated January l, 1952, between North Kern Water Storage District and Kern River Canal and Irrigating Company. It is understood and agreed that the consummation of this Letter Agreement- is a prerequisite to the approval by the City of the above-mentioned Cawelo Exchange Agreement dated August l, 1986. November l, 1986 North Kern Wate~r.Stora~ge District Page 4 If the agreements set forth herein are consistent with your under- standing of the mutual commitments to be made at this time, please so in- dicate by having this letter executed by the President and Secretary of North Kern. Very truly yours, PAUL DOW Community Services Manager CITY OF BAKERSFIELD, NORTH KERN WATER STORAGE DISTRICT a Municipal Corporation By By Mayo r Pres i den t ATTEST: A~sst. Secretary City Clerk APPROVED AS TO FORM: City Attorney Fi n'ance Di rector AGREEMENT NO. AGREEMENT FOR TRANSPOR?A?ION OF WATER BY AND BE?WEEN NORTH KERN WATER STORAGE DISTRICT AND CANEGO HATER DISTRICT TABLE OF CONTENTS PARAGRAPH PAGE i Term 6 2 Exchange of Water 6 3 Transportation of Cawelo's Water in Beardsley-Lerdo System 8 4 Payments to Cawelo 11 5 Payments to North Kern 11 6 Time of Payments 13 7 Institutional Arrangements 13 8 Seepage Losses 13 9 Ownership and Use of North Kern Facilities 14 10 Water Quality 15 11 Poso Creek Water Rights 15 12 Indemnification 15 13 Insurance 16 14 Interpretation 17 15 Litigation 19 16 Notices 19 17 Assignments 19 18 Access 20 19 Records 20 20 Default 20 21 1972-74 Contract 21 22 Validation 21 23 Miscellaneous 21 THIS AGREEMENT is entered into on this 1st day of August, 1988, by and between NORTH KERN HATER STORAGE DISTRICT, a California Hater Storage District (hereinafter "North Kern"), and CAWELO HATER DISTRICT, a California Hater District IhereinaFter "Cawelo"), with the approval of the City of Bakersfield (hereinafter RECITALS (A) Hater users in North Kern and Cawelo obtain substantial portions of their water supplies by pumping groundwater From the common groundwater supply of North Kern and some portion or all of Cawelo, as the Facts may be, in addition to surface water deliveries From the systems of the Districts~ and lB) North Kern and Cawelo intend by this Agreement to incorporate herein certain provisions and supersede other provisions of the hereinafter defined 1972-7q Contract and a Memorandum of Understanding, dated April 18, 1978, and, as contemplated in said Memorandum of Understanding, to provide a long-term agreement to effect transfer of system capacity, as well as provide the means For temporary exchanges of water supplies, all For the purpose of achieving the maximum benefit to said common groundwater supply through the optimum utilization of the Facilities of both Districts and the water supplies available to them~ and (C) North Kern owns certain rights to the use of water of the Kern River and diverts and conveys water From the Kern River through the Beardsley-Lerdo Canal and Calloway Canal Systems~ and (D) Pursuant to a "CONTRACT BETWEEN KERN COUNTY HATER AGENCY AND CAHELO HATER DISTRICT FOR A WATER SUPPLY", dated September 28, 2 Recitals A, B, C, D 1972 (herein referred to as the "Agency-Cawelo Contract"), Cawelo holds contractual rights to delivery of water From the State Water Project in annual amounts buildin9 up to 38,200 acre-Feet per year oF Firm water and 8,800 acre-Feet oF surplus water accordin9 to the schedule oF annual entitlements reproduced as ~ hereoFi and (El Cawelo, by virtue oF its participation in the Financin9 and construction oF the Cross Valley Canal under provisions oF "CONTRACT BETWEEN KERN COUNTY WATER AGENCY AND CAWELO WATER DISTRICT FOR THE CONSTRUCTION AND OPERATION OF A CROSS VALLEY CANAL AND EXTENSION", dated September 28, 1972, and Amendments No. 1, 2 and 3 thereof (hereafter referred to as "Cawelo's Cross Valley Canal Contract"), is the owner, as a participant, oF 135 cFs oF the conveyance capacity oF the Cross Valley Canal betmeen the Cross Valley Canal turnout from the CaliFornia Aqueduct and the Discharge oF Pumpin9 Plant No. 6 on said Canal, and is the omner, as a participant, oF 165 cFs oF the capacity oF the Cross Valley Canal Extension, From Pumpin9 Plant No. 6 discharge to the intake oF Ca~elo's Pump Station "A" near the terminus of said Cross Valley Canal. Further, as a participant, Cawelo has a ri9ht to utilize the unused capacity in the Cross Valley Canal under the conditions set Forth in Ca~elo's Cross,Valley Canal Contract; and IF) North Kern, Cawelo and the Kern River Canal and Irrtgatin9 Company entered into a contract entitled "CONTRACT AHONG CAWELO WATER DISTRICT, KERN RIVER CANAL AND IRRIGATING COHPANY AND NORTH KERN WATER STORAGE DISTRICT FOR USE OF PORTIONS OF BEARDSLEY AND LERDO CANALS", dated December 21, 1972, and Amendment No. 1 thereoF, dated April 18, 197q (reFerred to herein as the "1972-7q Recitals D, E, F Contract"~. As provided in said Contract, Camelo implemented construction measures and increased the conveyance capacity of Beardsley Canal and Lerdo Canal beteeen the discharge of Pump Station "A" on the Beardsley Canal and'the intake to Caeelo's Pump Station "B" on the Lerdo Canal For conveyance of Caeelo's safer From the State Mater Project~ and IG] Caeelo caused to be constructed and continues to oen and operate said Pump Station "A" and its discharge conduit ehich have a design pumpin9 and conveyance capacity of 165 cFs, and shich 'Facilities deliver eater into said BeardsIey Canal approximately 5.3 miles From the point ehere said Canal diverts From the Kern River~ and (H) Caeelo caused to be constructed and continues to oen and operate Pump Station "B", and proposes to construct and operate additional pump stations, ehich stations drae, or sill drae, eater From the Lerdo Canal For Caeelo's use; and III Pursuant to an "AGREEHENT BY AND BETWEEN CITY OF BAKERSFIELD, CITY OF BAKERSFIELD WATER FACILITIES CORPORATION, TENNECO WEST, INC., KERN ISLAND WATER COHPANY, AND KERN RIVER CANAL AND IRRIGATING COHPANY", dated April 12, 1976, among other matters, theCity became successor to the obligations and interests of said Kern River Canal and Irrigating Company and acquired oenership of the Facilities of Kern River Canal and Irrigating Company, {including said Beardsley Canal! and the Central Division of the Calloeay Canal and Further acquired certain eater rights in and to the Kern River~ and Recitals F, G, H, I (d) Under an "AGREEMENT FOR THE SALE OF KERN RIVER WATER AND CANALS BY AND BETWEEN CI?Y OF BAKERSFIELD AND NORTH KERN WATER STORAGE DISTRICT" IAgreement No. 76-89), dated May 27, 1976, North Kern has, among other things, a contractual right to divert and use Kern River mater From the acquired mater rights oF the City in annual amounts expected to average 20,000 acre-Feet per year over the 35-year term oF the Agreement ending in the year 2012, and acquired omnership and control oF the Beardsley Canal subject to the retained right oF City to the use oF 100 cFs of conveyance capacity in said canal, and further, North Kern omns and operates the Lerdo Canal; and IK} Pursuant to an "AGREEMEN? FOR THE SALE OF KERN RIVER WA?ER BY AND BETWEEN CITY OF BAKERSFIELD AND CAWELO WATER DISTRICT" IAgreement No. 76-62), dated May 28, 1976, Camelo acquired a contractual right to divert and use Kern River mater From the acquired mater rights oF the City in annual amounts mhich are expected to average 27,000 acre-Feet per year over the 3S-year term oF the Agreement ending in the year 2012~ and IL) North Kern and Cawelo subsequently entered into a "HEMORANDUH OF UNDERSTANDING BETWEEN CAWELO WA?ER DIS?RICT AND NORTH KERN WA?ER STORAGE DISTRICT", dated April 18, 1978, approved by the City oF BakersField, the successor in interest to the Kern River Canal and Irrigating Company, mhereby Camelo mas permitted to construct an 18-inch concrete curb and 1.5 Foot embankment addition on each side oF the Beardsley Canal From the Manor Street crossing upstream to the head oF the concrete lined section oF said canal and it mas Further agreed that Camelo and North Kern mould enter into negotiations For a long-term agreement to provide certain rights in 5 Recitals J, K, L Favor oF Cawelo For use of the improved Beardsley and berdo Canals For transportation of Kern River water For use within Cawelo Water District; and as a result of these modifications, the nominal Flow capacity of the Beardsley Canal is considered to be 785 cFs betmeen the head of the Beardsley Canal lined section and Seventh Standard Road crossing and larger rates of Flow may be possible; and IH) The nominal flom capacity of the Lerdo Canal is considered to be 885 cFs between Seventh Standard Road crossing and Cawelo's Pump Station "B", and larger rates of Flow may be possible. AGREEMENT 1. Term: This Agreement shall become effective on the date of execution and shall continue so long as the Cit~-Camelo Agreement eno. 78-821, or any renewal or extension thereof, shall remain in effect; and by mutual consent of the parties may be extended beyond the term so provided. 2. Exchange of ~aterz In the interest of improving their common groundwater supply, Camelo and North Kern will endeavor to exchange From their respective mater supplies water that is surplus to the needs of the other District on a continuing operational basis, and to this end: la) Pursuant to the Agency - Oawelo Contract and the City - Camelo Agreement ~No. 78-82), Camelo will place appropriate orders in each year of delivery of all of the mater available to Cawelo under said Contract and Agreement and as required For use within Cawelo~ Provided, however, water From alternative supplies may be exchanged For or replace such Cawelo water, provided the requirements of paragraph 3la! hereof are met. IF and as requested 8 Recitals L, M. and Para 1-2(a) in mriting by North Kern, and consistent mith Camelo's diversions for its lands, as reasonably estimated by Camelo, Camelo mill subsequently revise said mater order in accordance mith the mater scheduling procedures oF the Kern County Water Agency and the City oF Bakersfield, and cause the ordered Camelo mater as hereinafter defined ko be delivered into the Beardsley Canal, unless Camelo provides For delivery oF .such Camelo mater to lands mithin its boundaries through some other Facility. Except For mater acquired under the Agency - Camelo contract, mater delivered into the Beardsley Canal and not used by Camelo may be used by North Kern. Ib~ From North Kern's mater supply available for spreading during the current calendar year North Kern mill attempt to return mater to Camelo, as requested by Camelo, in amounts equal to the amounts oF Camelo's non-State mater utilized by North Kern under 2(a! above; Provided, homever, mater to be returned to Camelo may be carried over under mutually agreeable terms and conditions. (cD To the extent Camelo does not request return mater under 2(b) or North Kern is not able to deliver said mater, North Kern mill pay Camelo For mater not returned as provided in paragraph q(b! oF this Agreement. (dj In order to maximize the mater supplies oF the tmo Districts, at times required by North Kern Cnormally very dry years), Camelo shall buy additional mater From the City or other sources and convey said mater to the Beardsle¥-berdo Canal System For delivery to its district. In such event, Camelo shall relinquish an amount oF mater under its City - Camelo Agreement INc. 78-82! equal to that additional mater acquired provided North Kern pay all variable costs 7 Para 2(a)-2(d) lall costs except initial capital costs] connected with acquisition and transportation of such additional water to Cawelo and pay a charge to CAWELO of $3.00 per acre-Foot For any of its costs in making such arrangements, 3. ?ransoortation of Cawelo's Water ~n Beardslev-Lerdo Canal System: (a] As Formerly provided in the 1972-7q Contract and the Memorandum OF Understanding and For the consideration provided in Paragraph 5 hereof, within the limits provided herein any water arising under the Agency-Cawelo Contract or the Cawelo-City Agreement (No. 78-82] ("Cawelo's Water") shall be delivered by North Kern, For use within Ca~elo's boundaries or For exchange hereunder through the Beardsley-berdo Canal System From the Kern River or Conduit "A" to Pump Station "B" up to the maximum flow capacity of 165 cfs. Subject to payment of an additional charge provided for at Paragraph 5(b) hereof, Worth Kern shall provide an additional 75 cfs Flow capacity through the Beardsley-berdo Canal System from the Kern River or Conduit "A" to Pump Station "B" for a maximum Flow capacity of up to 2qo cFs. Any capacity in the Beardsley and Lerdo Canals available For transporting Cawelo's water may also be used For the purpose oF transporting water which Cawelo exchanges with others so long as the Following conditions are met~ (1] ?he exchange does not reduce the ~ oF water (excluding adjustments For losses! which is otherwise available to be brought into Cawelo under Cawelo's City and Agency contracts~ and 8 Para 2(d) - 3(a)1) (2) The substitute supply is of equal or better ~uali~v~ and 13) The exchange is not otherwise detrimental to North Kern's water supply or landowners, (Examples of such detriment include where the exchanoe water involves Kern River water which adversely affects North Kern's claimed First Point rights, including its ri9hts to Isabella storage, or Federal water which would in any way subject North Kern or its landowners to the provisions of Federal Reclamation Law, or reduce the combined water supplies presently available to North Kern and Cawelo. I Any such exchan9e water meet(n9 this criterion shall become "Cawelo's Hater" within the mean(n9 of this Agreement and will be subject to para9raph' 2 of this A9reement, The provisions of this Agreement shall not affect or'modify the discretion of the City to approve or disapprove an exchange by Cawelo pursuant to the terms of Agreement No. 76-62. (b) Upon demonstration by Cawelo to North Kern's satisfaction, evidenced by the written approval of North Kern that: 1~ The berdo Canal between Pump ~tation "B" and the Famoso Highway is capable of convey(n9 up to 60 cFs in addition to North Kern's assumed basic capacity of q50 cFs~ and 2) That said additional conveyance capacity can be sustained with no threat to the security of the canal; Then the Flow capacity mentioned in paragraph 3(a! shall include up to 60 cFs of conveyance capacity of the berdo Canal between Pump 6ration "B" and the Famoso Highway. 9 Para 3(a)1) - 3(b)2) The conveyance capacities of the Lerdo Canal shall be determined based upon two Feet of Freeboard as measured From the lowest point of the top of the ditch bank to the water surface; Provided, however, encroachment of such Freeboard may be permitted From time to time, in North Kern's sole discretion, as provided at paragraph lq(d). Conveyance capacities beyond the limitations provided For at paragraphs 3(a) and 3(b} hereof may be permitted From time to time in North Kern's sole discretion, as provided at paragraph lq(d}. (c) Subject to the written approval of North Kern, Cawelo shall have the right at any time to design and cause to be constructed or implemented at its sole expense any measures necessary to achieve the maximum conveyance capacity objectives stated in paragraph 3(b) hereof, in which case the maximum Flow capacities mentioned in paragraph 3ia) shall be increased by the additional capacity that is demonstrated to the satisfaction of North Kern and approved by it in writing. (d! Upon establishing additional capacity For the use of Cawelo as provided in subparagraphs lb} or (c] hereof, Cawelo shall have the right to construct, at its sole cost and expense, 'additional pumping stations to make use of said capacity For the purposes set Forth in this A9reement, at such places, and in accordance with plans and specifications, including timing of construction, as North Kern in its discretion shall approve in writing. North Kern's approval shall be conditiOned upon Cawelo agreeing to pay North Kern's costs arising From its review and approval of the plans and specifications and the work to be performed 10 Para 3(b)2) - 3(d) I t'hereunder. Except For the location of an additional pumping plant downstream of Pump Station "B" the location of any additional pumping Facilities shall be at the sole discretion of North Kern. q. Payments to Cawelo. At such times as are established pursuant to paragraph 8, North Kern shall pay to Cawelo: (a) Any payment provided For at paragraph 2id), provided said charge shall be escalated in the same manner as provided For in 'paragraph 5(d). lb! For water surplus to Cawelo's conveyance and diversion requirements delivered into North Kern's Canal Facilities and not returned to Cawelo in that calendar .year, as provided in paragraph 2lc) hereof, a price per acre-Foot equal to Cawelo's cost per acre-Foot of water delivered to North Kern. 5. ~avments to North Kern: For the Folio$in9 subparagraphs (a)-(e), at soch times as are established pursuant to paragraph 6, Cawelo shall pay to North Kern: (a) For costs of operation and maintenance of canals, water measurement, repair and cleaning of the Beardsley and berdo Canals, including supervision and overhead, Cawelo shall pay to North Kern, effective January 1, 1985, the Following amounts For transportation of Cawelo's mater: 1) For ali of Camelo's water diverted From Kern River to Seventh Standard Road pursuant to paragraph 3 hereof, $1.20 per acre-Foot. 2) For all of Cawelo's water diverted into the Beardsley Canal From the terminus of Conduit "A" at Airport Drive to Seventh Standard Road pursuant to para9raph 3 hereoF, $.60 per acre-Foot. 11 Para 3(d) - 5(a)2) 3) For all of Cawelo's water delivered into the Lerdo Canal pursuant to paragraph 3 hereof, $0.10 per acrerfoot per mile. (b} To provide For Cawelo's use of the additional 75 cfs conveyance capacity provided For tn Paragraph 3 hereof, Cawelo agrees to pay North Kern (effective the date of this Agreement~ for all Cawelo flows in the Beardsley-Lerdo Canal System between Kern River and Pump Station "B" in excess of 165 cFs, an additional $3.00 per acre-Foot. lc) For additional costs incurred by North Kern in monitoring Cawelo's use of pumps installed by Cawelo landowners in the Lerdo Canal pursuant to paragraph 3(d) hereof, other than Pump Station "B" and the proposed pumping plant downstream of Pump Station ,,B,, on the Lerdo Canal (provided said plant is comparably equipped as Pump Station "B" with telemetry) and in regulating the canals, an annual Fee '(effective 1987~ equivalent to $100 per cfs capacity of -'any said pumps and/or turnouts of Cawelo. Cd} All such payments required in subparagraphs 2(d), $¢a~, 5(b! and 5(c! above shall be adjusted annually upon request of either party upward or downward to reflect changes in the A]I Commodities Classification of the Producer Price Index, the adjustment Factor being the Index For January of the current year, divided by the same Index For January of 198q, which stood at 308.1, using a base of 1967 = 100. lei In addition, Cawelo agrees to pay prior to the deIinquent date any and all costs, including taxes, resulting From 12 Para 5(a)2) - 5(e) Cawelo's enlargement of said canals plus any and all taxes attributable to Cawelo's use of North Kern Facilities. IF! Prior to February 15, 1987, Camelo at its sole cost shall: 1) Design a Measuring Station near the head of the Beardsley lined section in accordance with a design approved by North Kern and City of Bakersfield Nater Department~ such Station to be constructed by February 15, 19885 and 2) Replace that section of the berdo Canal bulkheads and armored embankment From about 200 Feet upstream of the SPRR crossing to about 200 Feet domnstream of the northbound lanes of . SR 99 Freeway located about one mile north of Seventh Standard Road in accordance with a desi9n approved by North Kern. 8. Time oF Payments: All oF the payments required by this Agreement shaI1 be paid within 30 days after receipt by the party oF an invoice therefore From the party entitIed to payment. In addition to remedies avaiiable under paragraph 20 hereoF, iF payments are not timeI¥ made, interest may be assessed at 12% per annum, and delivery o~ mater to the delinquent p~rtv may be suspended pending payment in Full mith interest. 7. Institutional Arrangements: This Agreement shaI1 become effective mhen Camelo has obtained approval of the District's Security Division of the California State Treasurer's OFFice to this Agreement. 8. SeeDaqe Losses~ It is hereby agreed that additional seepage resulting From the transportation of Cawelo's water in the 13 Para 5(e) - 8 Beardsley Canal as herein provided is two acre-Feet per day for each day of transportation of Camelo's water regardless of the water source. Additional seepage resulting from transportation of Cawelo's water in the Lerdo Canal shall be calculated as one percent of all Camelo eater diverted into Pump Station "B" plus two percent of all Cawelo water passing Pump Station "B". The calculated amount shall be accounted For as a daily deduction From Cawelo's diversion into Pump Station "B" or in any other manner as mutually determined by the managers of the parties hereto. 9. O~nership and Use of North Kern Facilities~ (al All structures, facilities and equipment constructed or installed in the Beardsley Canal and Lerdo Canal, except facilities constructed by Cawelo to introduce or withdra~ water From said canals, shall be the property of North Kern, but Cawelo shall have the right to have Cawelo's water or exchanged water pursuant to paragraph 2ia} hereinabove, transported through said Facilities as provided For in this Agreement. · (bi Nothing in this Agreement shall in any way reduce North Kern's or City's ownership in the Beardsley Canal, or North Kern's omnership in the Beardsley-Lerdo Canal System, or North Kern's rl9ht to the beneficial use of its water supply as it deems appropriate in its sole discretion, as the same existed prior to the execution of this Agreement nor their right at all times to the-First use of at least 800 cFs (including City's capacity right to 100 cFs) in the Beardsley Canal, 500 cFs in the Lerdo Canal between Seventh Standard Road and Cawelo's Pump Station "B" and assumed qSO cFs between Pump Station "B" and Famoso Highmay. 14 Para 8 - 9(b) 10. Water Quality; North Kern hereby makes no warranty, expressed or implied as to the quality of the water Flowing in the "District's system at any time. Each District agrees to indemnify and hold harmless the other parties and their respective officers, agents and employees against any loss, damage, liability, claims or causes of action of every nature whatsoever resulting from or arising out of or in connection with the quality of water transported through North Kern's Facilities and put to beneficial use within said District. Cawelo hereby makes no warranty, expressed or implied, as to the quality of Cawelo's water discharged into the Beardsley and berdo Canals as obtained under the Agency-Cawelo and City-Cawelo Agreements. Cawelo will do nothing to modify the quality of Cawelo's discharQed or diverted water into the Beardsley-berdo Canal System available under its said contracts with the A9ency and the City, and will exercise all the rights it has under said contracts to assure that the waters available under these contracts are of the quality contemplated in said contracts as of the date of this A'greement. Il. Poso Creek Mater Ri~hts~ North Kern and Cawelo shall execute concurrently with this Agreement a separate Agreement respecting their use of the water of Pose Creek. 12. Indemnification~ la) North Kern and its agents and employees, including the City of Bakersfield, shall operate North Kern Facilities in accordance with this Agreement, including all of its improved Facilities; Provided, however, Cawelo agrees to indemnify and hold 15 Para 9(b) - 12(a) harmless North Kern and the City and their respectiue officers, agents and employees, and each of them, against any loss, damage, liability, claims or causes of action oF every nature whatsoever resulting from or arising out of or in connection with the failure to deliver Cawelo water to its Facilities. ~b! Cawelo agrees to indemnify and hold harmless North Kern and City and their respective officers, agents and employees, ,and each of them, against any loss, damage, liability, claims or causes oF action of every nature whatsoever resulting from or arising out of or in connection with the enlargement of portions of the Beardsley-Lerdo Canal System or installation of additional pumping stations as provided in paragraphs 31c) and (d~ hereof and improvements as provided in paragraph 5If! hereoF. (c! Neither North Kern, the City nor any of their respective officers, agents or employees, or any of them, shall be liable for the control, carriage, handling, use, disposal or distribution oF water delivered to or For Cawelo pursuant to this Contract after such water has been delivered into its Pump Station "B" or any additional pump station and/or turnouts, as the case may be, nor shall they be liable for any claim of damages of any nature whatsoever, including but not limited to property damage, personal injury, or death, arising out of or connected with the control, carria9e, handlin9, use, disposal or distribution of such water beyond delivery to said pump station and/or turnouts, and Cawelo shall indemnify and hold harmless North Kern and the City and their respective officers, agents and employees, and each of them, from any .such damages or claims of damages. 16 Para 12(a) - 12(c) (d} North Kern and Camelo shall contribute to any loss, damage, liability, claims or causes oF action oF every nature mhatsoever relating to transportation oF mater in and operation and maintenance oF the Beardsley-Lerdo Canal System mhich are not covered by or is beyond the limits oF North Kern's insurance policy, in proportion to the quantity oF their respective mater supplies to the total quantity oF mater mhich was being transported in that portion oF the Beardsi'ey-Lerdo Canai System at the time and place oF the occurrence. lei IF it is determined that the provisions oF Chapter 21 (commencing mith Section 895) Part 2, Division 3.8, Title i oF the Government Code is applicable to this Agreement, provisions oF this paragraph are intended to establish the contributions and indemnifications authorized by Section 895.N oF said Code and is in lieu oF the provisions oF Section 898.5 oF said Code. 13. ~J~&b~BJ1.G~ North Kern and Cawelo mill each obtain such insurance as it deems appropriate to protect its omn interest in the use and transportation oF the subject water and mill name the other party and its oFFicers, a9ents and employees and the City as additional insureds. Intereretationz la} Article and' section headings used herein are For the convenience oF the parties only and have no other meaning, Force or eFFect. (b! Where the terms oF this Agreement provide For action to be based upon the opinion or determination oF either party hereto or the City, mhether or not stated to be conclusive, said 17 Para 12(d) - 14(b) °~erms shall not be construed as permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or determinations. (c! IF any matter essential to this Agreement is left to the Future determination oF the parties hereto, each party is required to accept a reasonable determination as herein provided; Provided, however, notwithstanding any other provisions oF this Agreement, North Kern and the City reserve their respective unrestricted rights to the use oF the First 800 cFs oF the Beardsley Canal, the First 500 cFs in the berdo Canal between Seventh Standard Road and Pump Station "B" and the assumed q50 cFs betmeen Pump Station "B" and the Famoso Highway. It is recognized that this Agreement is between two public bodies concerned with an extensive water service project in the public interest, which involves the long-term and historical use oF a vital natural resource. In the unlikely event that said entities are unable to agree upon a reasonable and equitable solution to matters left to Future determination, the matter shall be submitted to and determined by a Court oF competent jurisdiction. (d} Notwithstanding paragraphs lq(b! and (c], the matters mentioned in paragraphs 3(b) and 9 hereof shall be determined by North Kern in its sole, absolute, uncontrolled discretion. (el ?he parties are equally responsible For authorship of this Agreement and section 185q oF the Civil Code has no aPplication to the interpretation hereoF. (F} Nothing contained in the Agreement shall be interpreted as modifying the term or the terms and conditions of any 18 Para 14(b) - 14(f) agreements between the City and its predecessors in interest and North Kern or Cawelo, including, but not limited to, the "AGREEHEN? FOR USE OF WA?ER RIGH?S" between North Kern and Kern County band Company and others, dated January 1, 1952, Agreement No. 78-82 and Agreement No. 78-89, except as expressly provided in paragraph 21 oF this Agreement regarding the supersession oF the 1972-7q Agreement and the April 18, 1978 Hemorandum oF Understanding. 15. ~ In the event oF any litigation among the parties hereto in connection with interpretation, performance or enforcement oF this Agreement, the prevailing party or parties in such litigation shall be entitled to be reimbursed by the other party or partles thereto For all costs oF the litigation, includin9 but not limited to court costs, time and expenses oF personnel, attorney's Fees, expert's Fees and costs and the like~ provided, however, that such litigation costs to be reimbursed shall not exceed such amount as the court in which the litigation occurs shall determine to be reasonable. 16. Notices: Any notice which may be given by any party to the other pursuant, or with respect to, this A9reement shall be deemed to have been properly 9iven when sent in writing by certified or registered mail addressed to such party at the address set opposite its signature hereto. Such notices may also be given, subject to proof oF receipt thereoF, by other means oF communication. Any party may chan9e its address For such purposes by giving the other parties written notice oF its nee address. 17. Assi~nments~ ?his Agreement shall bind and inure to the benefit oF the respective successors and assigns oF the parties 19 Para 14(f) - 17 hereto and the City. Neither party nor the City shall have the right to assign this Agreement or any part thereof, either voluntarily or by operation of law, without the prior written consent of the other party, and the City, and any such assignment or attempted assignment without such consent shall at the option of the other party or the City be null and void~ provided, however, except as to a proposed assignment by Cawelo to an area beyond its boundaries as they presentl,y exist ~of less beneficial impact upon groundwater conditions in North Kern, that any such consent if requested shall not be -unreasonably mithheld. 18. ~ Cawelo agrees that the inlet and outlet Facilities constructed by Camelo within the Beardsley and Lerdo Canals shall be constructed in such Fashion that there will be no interference with right of access along said existing canals. With approval of North Kern, Cawelo may provide substituted access. 19. ~ Each District and the City shall have access to such records of the other as necessary to the performance of this Agreement, together with the right to .inspect and receive copies of all charts, records and other pertinent documents necessary to the performance of this Agreement. 20. ~ If any party shall Fail to perform or observe any provision hereof required to be performed or observed by it hereunder, and such Failure shali continue For ninety (90! days after written notice thereof From any other party or parties hereto, then in addition to all other rights and remedies available to it or them,. the party or parties 9ivin9 such notice may at its or their option suspend or terminate this Agreement. 20 Para 17- 20 21, 1972-7q Contract~ The parties agree that the 1972-7q Contract and the above referenced Memorandum oF Understanding, dated April 18, 1978, are hereby superseded as iF the same did not exist; Provided, however, in the event this Agreement is terminated pursuant to paragraph 20 hereoF, the 1972-7q Contract and said Memorandum oF Understanding shall again become effective and binding on the parties hereto. 22. ~ Promptly after the execution and delivery of this Contract, Camelo shall File and diligently prosecute to a Final decree in a court of competent jurisdiction a validation proceeding pursuant to Chapter 9 (commencing with Section 860), ?itle 10, Part II of the Code of Civil Procedure For the judicial ~examination, approval and confirmation.of the proceedings of Cawelo leading up to and including the making of this Contract and the validity of the provision thereof. 23. Miscellaneousz Recognizing, that as part of their · projects, CawelO has possessory interests in Faciiities within North Kern and North Kern owns and has easements across lands within Cawelo, it is a9reed that neither District shall levy any tax, assessment or charge relating to property interests (including possessory interestsl within the boundaries of the other, except as may be otherwise provided herein. ?his Agreement is entered into, executed and to be performed within Kern County, California, and shalI be so interpreted. EXECUTEO in three counterparts in BakersFieId, California, as of the day and year First above written. 21 Para 21-23 CAWELO WATER DISTRICT It~ A~dr~ss~ 17~07 Industrial Farm Road BakersField, OaliFornia 22 atmospherics incorporated 24 October 1986 :!'Mr. C. H. Williams, Engineer-Manager 'i~North Kern Water Storage District ' ' "~:Cr' · .qBakersfield, CA 93302 ' Dear Chuck: ;:As per your recent telephone call, we are enclosing the executed original and one copy of the 1986-87 Kern River Basin Weather Modification Agreement. All of the sections are the same as last year and, from our ' 'point-of-view, we see no reason for making any changes. "'We assume you will again want the special weather modification liability insurance (consequential loss), as noted in a portion of paragraph 6. The cost last year was $4,500 and we understand there will be no increase in .this premium for the 1986-87 season. We will forward a certificate of '..'insurance as soon as it is available, probably sometime in the next two ...weeks. In the meantime, we will immediately bind the'coverage for a '.."November 1st. starting date. . '~"Most sincerely, ;Y'Thomas d. ~enders'on '~:'President '~ldH/h [ncs. 5652 EAST DAYTONIFRESNO,CALIFQRNIA937271TELEPHONE(209) 29't-55751 CABLE: ATMOS CONTRACT TO CARRY OUT AND SUPERVISE KERN RIVER WEATHER MODIFICATION PROGRAM .~ This contract entered into this215tday of October 1986, by and between the NORTH KERN WATER STORAGE DISTRICT, a Water Storage District organized and existing under and by virtue of Division 14 of the California Water Code, hereinafter referred to as the "District", and ATMOSPHERICS INCORPORATED, a California corporation, hereinafter referred to as the "Contractor". W I T N E S S E T H : i!iWHEREAS, the Department of Water Resources, State of California, has issued to the District a permit for Weather Resource Management (hereinafter refer'red to as the "permit"), dated July 2, 1980 (permit #11), which authorizes the District to conduct a Weather Resource Management Program (hereinafter referred to as the "Program"); and ~WHEREAS, the Contractor has on its staff weather resource management licensees and other professionals necessary to carry out and supervise the Program and has at its disposal equipment to carry out the Program. "'NOW, THEREFORE, IT IS AGREED as follows: "ii11. Contractor shall engage in artificial cloud nucleation operations during the term of this contract, within the target area identified by and consistent with the INITIAL STUDY ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced permit. The purpose of this cloud necleation operation is to increase precipitation within the target area. ".2. The term of this contract shall cover one seasonal operational period and shall commence November 1, 1986 and end April 30, 1987 unless mutually extended. . 3. The Contractor shall furnish and have available for use dusing the operational period the following equipment and personnel: 'a. The Contractor agrees to have available on a 24 hour-a-day "' 7-day-per-week basis the services of a competent ~staff to furnish ¥~:,... full meteorological data. A complete radar system of the type designed to track precipitation areas within storms will be located in the vicinity of Porterville, California, and shall be installed to cover the target area to the best advantage. ';C. All weather data will be available at the location of the radar system and will be used to coordinate the various phases of the field program. d. Telephone and power facilities will be maintained at the location of the radar system. A weather radio receiver will be maintained at the location of the radar system for receiving airway weather reports. Contractor will provide special photographic equipment designed to .i~~ furnish permanent records of the various phases of the Program. These photographs will be used to study and analyze various storm situations and will be made available to the District upon request. g.~ A cloud seeding aircraft will be based at the Porterville Municipal Airport. This aircraft will be equipped for all-weather flying. It will be further equipped with facilities for dispensing both dry ice and silver iodide for use in cloud seeding activities throughout the target area. The contractor agrees that its aircraft and equipment thereon will be certified by the Federal Aviation Administration, an agency of .the United States of America, and that any and all pilots operating aircraft for or on behalf of the Contractor shall be duly licensed by the said Federal Aviation Administration. duly licensed by the said Federal Aviation Administration. h. Contractor will provide a service vehicle for field work related to all ground and air equipment utilized on the project. i. Contractor will furnish the following personnel who will be stationed within or near the project: (1) One radar meteorologist, (2) One instrument rated cloud seeding pilot (3) One radar technician, and (4) One field serviceman and equipment technician. Thomas J. Henderson shall supervise the Program. ' '~ ~4. The main nucleating agent will be silver iodide, which shall be dispensed from aircraft. i~5.~ The Contractor shall prepare all reports pertaining.to the Program required to be filed by .the .Contractor and District to comply with Federal and State Law. The Contractor shall furnish monthly operational reports during the course of the cloud nucleating operation. As soon as practical after the conclusion of the operational period, the Contractor will furnish the District a final.:summary report covering the entire yearly operation. '6. The Contractor shall furnish and keep in force during the operational period the following insurance: comprehensive public liability and property damage insurance, in the amount of $1,250,000.00 covering operation of its equipment, owned or leased, including aircraft; workmen's compensation insurance; and aviation bodily injury and property damage liability insurance of $2,000,000.00. Such insurance shall be maintained at Contractor's cost, except that the District shall pay the Contractor for the cost of the above referenced aviation bodily injury and property damage liability insurance in addition to payments delineated below. With respect to the above referenced insurance policies, the contractor shall deposit certificates of insurance with the District prior to the commencement of the operational period reflecting the existence of the required insurance. The certificates of insurance for the comprehensive public liability and Property damage insurance and the aviation bodily injury and property damage liability insurance additionally shall name North Kern Water Storage District, Buena Vista Water Storage District, Kern Delta'Water District and the City of Bakersfield, and their officers, agents and employees, as additionally named.insureds. Parties require a thirty (30) day notice of cancellation. '17. Contractor agrees to be responsible for, and to indemnify and hold the District harmless and.free from all claims of damage to person or property of any kind or character whatsoever caused by Contractor's acts of negligence or malpractice in its cloud seeding operations. .i8. Contractor agrees to be bound by the laws of the State of California and the Federal Government particularly with respect to cloud nucleation operations, and that prior to commencing the operation under the contract for the District, the Contractor shall have in force all necessary licenses and permits from the State of California to so operate. '9. This contract may be cancelled by the District upon five (5) days written notice, sent by mail to the principal office of the Contractor, upon the occurrence of any one of the following contingencies: '(a) The issuance of any court of competent jurisdiction of any temporary or permanent injunction against all or any part of the cloud nucleation operations undertaken by Contractor under this contract, ~' whether the District is a part of said legal proceedings or not. It ~i~ · is understood that the issuance of any temporary restraining order, or any temporary injunction limited by its terms to a period of less than twenty (20) days~in duration, shall not constitute a basis for cancellation under this paragraph. The passage of any overriding legislation by the State of California which shall outlaw, limit, void or alter in any substantial respect any provisions of this Contract, or shall make unlawful or improper in any substantial respects, any of the operations of the Contractor ii under this contract. ,In the event of cancellation by the District under or pursuant to the termsi·df this paragraph, all monies already paid to the Contractor by the District shall be retained by the Contractor as compensati.on for service already performed and in addition thereto District shall pay to the Contractor the payment due on the first of the month following the month in which such cancellation is made. If the Distr~ict requests a summary report on the cloud seeding operations for that season up to the time of such cancellation, Contractor will furnish such report. '"10. In the event the District decides that additional precipitation is not desired for any portion of the operational period, the District may suspend cloud seeding operations for any specified portion of such operational period by providing three (3) days notice to the Contractor. In the event the District suspends operations under this paragraph, Contractoc will reimburse the District in the amount of $130.00 for each day of the suspension. ~'11. District agrees to pay to the Contractor for the services rendered, as outlined' in this contract, the total sum of Eighty-Three Thousand, Two Hundred Dollars ($83,200.00), plus an amount of One Hundred Fifty Eight Dollars .($158,00) per hour of aircraft seeding flight time in payments as set forth below. It is understood and agreed that this sum includes the total fees for all aircraft flights and evaluations of the program, except as provided at Paragraph 6 above. District further agrees to pay the Contractor for the services rendered during the month of May, 1985, as this contract may be mutually extended as provided in Section 2 above by notice not later than April 20, 1986. 12. Schedule Of .paymentsl Operations 6 months MONTH - 1986/87 Nov - Apr. .... ' November 1, 1986 $ 16,000 December 1, 1986 16,000 + November flight time January 1, 1987' 16,000 + December flight time February 1, 1987 9,000 + January flight time March 1, 1987 9,000 + February flight time April 1, 1987 9,000 + March flight time May 1, 1987 * 8,200 + April flight time TOTAL: $ 83,200 · If mutually agreed to extend the Program to include the month of May, the cost will be increaSed by $5,200 plus aircraft seeding flight time. 13. Any notice to be given hereunder may be served personally or by depositing the same in the United States mail, postage prepaid, and addressed to the party being notified at.its address as set forth below, or at such other address as may be hereafter designated in writing. If served by mail, service shall be conclusively deemed to have been made upon deposit in the United States mail... .......... IN WITNESS WHEREOF, the parties hereto have executed this contract in duplicate the day and year first hereinabove written. Address: .,~OCRS~.. NORTH KERN WATER STOR/~GE DISTRICT 1415 18~C, SuiteX.~O~ BakerSfield, California'03301 By ~ :?-~ :~ ~o~ ,'". ~, President. -~. ~r.,,~' ~sst~'~ecr~tary'' 'i Addres's: ATMOSPHERICS INCORPORATED 5652 East Dayton Avenue B Fresno, California 93727 y~_~ ~ - - Prer~fden[ (SEAL) ·Secretary.