HomeMy WebLinkAbout10/06/16 KRGSA AGENDA8
1. CALL TO ORDER
2. ROLL CALL
KERN RIVER GSA
Thursday, October 6, 2016
10:00 a.m.
City Hall North
1600 Truxtun Avenue, Bakersfield CA 93301
First Floor, Conference Room A
A 1'%C6111A
3. PUBLIC STATEMENTS
4. APPROVAL OF SEPTEMBER 1, 2016 MINUTES
5. NEW BUSINESS
A. Correspondence Received (City Clerk)
B. Website Update
C. Documents in Response to the County
D. Cost Sharing Discussion
Chair Members:
Rodney Palla, Chair
Harold Hanson
Gene Lundquist
E. Update from Management Group (Beard /Chianello /Mulkay)
i. White Paper Update
ii. Modeling & Budget Update
iii. KGA Participation in Modeling
iv. KGA Stakeholder Identification Form
V. Management Comments
6. COMMITTEE COMMENTS
7. CLOSED SESSION: Conference with Legal Counsel: Potential Litigation; Closed
Session pursuant to Government Code section 54956.9(d) (2),(e) (1). One matter.
8. CLOSED SESSION ACTION
9. ADJOURNMENT
KERN RIVER GSA
MINUTES
MEETING OF SEPTEMBER 1, 2016
Conference Room A, City Hall North, 1600 Truxtun Avenue
1. CALL TO ORDER REGULAR MEETING - 10:03 a.m. ACTION TAKEN
2.. ROLL CALL
Present: Chairman Palla, Chair Members Hanson
and Lundquist
Absent: None
3. PUBLIC STATEMENTS
1.CM
4. APPROVAL OF AUGUST 4, 2016 MINUTES
Motion by Chair Member Lundquist, seconded by APPROVED
Chair Member Hanson, for approval of the
minutes.
5. NEW BUSINESS
A. Correspondence Received
Clerk Typist Katharine Dye announced that the
agency had received one letter of
correspondence dated June 2, 2016 from Kristal
Davis Fadtke at California Department of Fish
and Wildlife requesting that they receive all
notices, announcements, and documents
related to the agency.
B. Update from Management Group
i. ITRC Study Reimbursement Agreement
Motion by Chair Member Hanson, APPROVED
seconded by Chair Member Lundquist,
for approval to send a letter to the KGA
regarding the KRGSA's desire to
participate in the ITRC Study.
Bakersfield, California, September 1, 2016 - Page 2
6. DEFFERED BUSINESS ACTION TAKEN
A. Update on KRGSA website and interested
parties form
Assistant City Manager Steve Teglia provided
on overview of the upcoming website.
7. COMMITTEE COMMENTS
General Manager for KDWD Mark Mulkay
announced that he, David Beard, and Art Chianello
held a conference call with Phyllis Stanin regarding
white papers.
ID 4 Manager David Beard spoke regarding the letter
the KRGSA sent to the KGA on August 4, 2016 detailing
the use of Todd Groundwater model development
proposal, and recommended that the KRGSA send
out the same letter to other agencies who have
applied for a GSA.
8. CLOSED SESSION: Conference with Legal Counsel:
Potential Litigation; Closed Session pursuant to
Government Code section 54956.9(d)(2), (e)(1). One
matter.
Motion by Chairman Palla to adjourn to Closed Session APPROVED
at 10:39 a.m.
Meeting reconvened at 11:46 a.m.
9. CLOSED SESSION ACTION: Conference with Legal STAFF WAS GIVEN DIRECTION
Counsel: Potential Litigation; Closed Session pursuant
to Government Code section 54956.9(d)(2), (e)(1).
One matter.
City Attorney Ginny Gennaro announced that there
was a unanimous vote staff was given direction.
10. ADJOURNMENT
Chairman Palla adjourned the meeting at 11:47 a.m.
CHAIR of the Kern River
Groundwater Sustainability Agency
i
I
KERN RIVER GSA
October 6, 2016
Kern County Administrative Office
1115 Truxtun Avenue, 5th Floor
Bakersfield, CA 93301
Attention: Mr. Alan Christensen
Chief Deputy Administrative Officer
RECEIVE AND PLACE ON f{lE
At AWWNG OF
Rodney J. Pallo, Chair
Harold Hanson
Gene Lundquist
Re: Kern River Groundwater Sustainability Agency
Participation MOU
Your Letter Dated August 23, 2016
Dear Mr. Christensen:
We have your letter of August 23, 2016 wherein the County of Kern
expresses its preference to participate in the Kern River Groundwater
Sustainability Agency (KRGSA) as a non - voting "additional agency" rather than
a voting member. In light of this determination, we are prepared to provide the
nine assurances listed in our letter of August 4, 2016 by "...amendment to the
MOU or by separate agreement with the County'. We have chosen to provide
these assurances separately and attach a copy of the Participation MOU for
your review. When you are able to do so, please provide a description of those
lands under the jurisdiction of the County which you wish to include within the
KRGSA boundaries. If a meeting on this subject would be helpful, let us know
and that will be arranged.
Please be aware that, although we are in agreement on most issues, the
assurances promised in our letter of August 4, 2016 do not mirror the demands
included in your letter of August 23, 2016. More particularly, the following
differences remain:
Mr. Alan Christensen
Kern County Administrative Office
October 6, 2016
Page 2 of 5
1. Particioation: We are providing full access to all non- orivileaed
documents and drafts, as well as all open meetings related to the same. We
expect and encourage the County to be actively engaged as a meaningful
participant in every phase of GSA and GSP development and implementation,
but not necessarily enforcement.
2. General Plan
a. You state: "The County General Plan will use the technical
information from the KRGSA in preparation of an environmental document and
plan supplemented by other professional technical sources." We accept the
representation but see no need to include it in the Participation MOU.
b. You state: "The County will implement the adopted GSP when
reviewing and considering approval of a specific project, subject to the County
General Plan policies, Zoning Ordinance, and the California Environmental
Quality Act." We accept the representation but see no need to include it in the
Participation MOU.
C. You state: "The KRGSA will provide the County with at least 90 days
written notice of the filing of any validation lawsuit related to the GSP. The
County will review the General Plan for the Kern County sub -basin and resolve
any inconsistencies within 180 days after the California Department of Water
Resources has approved the GSP or prior to the expiration of the 90 -day notice
period, whichever occurs first." At the present time the KRGSA has no plan to
validate its GSP (i.e., validation would seem superfluous since the GSP of the
KRGSA will not constitute the basin -wide solution required by SGMA). If
circumstances dictate a need for validation down the road, we would prefer to
follow statutory guidelines for initiating and prosecuting the same. In the
meantime, we see no reason why inconsistencies between the General Plan
and the GSP cannot be identified and resolved during the development phase
of the GSP and, therefore, prior to its submission to DW R.
d. You state: 'The KRGSA will participate and coordinate on the
County General Plan and Metro Update while developing the GSP." Our
intention is to strictly limit the activities of the KRGSA to fulfillment of its SGMA
obligations. Individual entities, including KRGSA members, may wish to
"participate and coordinate on the County General Plan" as their interests may
appear, but the KRGSA will not. On the other hand, we fully expect the County,
during development and implementation of the GSP, as part of its meaningful
participation, to bring to the attention of the KRGSA any and all issues of
concern regarding potential areas of disagreement between the proposed GSP
and the General Plan. Notwithstanding the foregoing, the KRGSA will fully
Mr. Alan Christensen
Kern County Administrative Office
October 6, 2016
Page 3 of 5
comply with the requirements of Water Code §§ 10726.9 [GSP must take into
account General Plan assumptions], 10727.2(g) [GSP will describe consideration
given to General Plan and assessment of how GSP may affect the same], and
10727.4(k) [GSP must include processes to review land use plans and coordinate
with land use planning agencies to assess activities that potentially create risks
to groundwater quality or quantity].
3. Police Powers /Land Use Authority /Water Transfers: We have included
language in the Participation MOU that preserves the County's police powers
and land use authority, whatever they may be. We have included language in
the Participation MOU to the effect that the KRGSA shall not restrict the use of
water within its boundaries to a specific use. We see no need to duplicate these
assurances by including them in either the Bylaws or the GSP. Also, we do not
accept the County's position that "...a GSA's prohibition or restriction of
groundwater transfers outside of that GSA's area limits and interferes with the
County's police powers to regulate groundwater."
4. White Lands:
a. You express confusion over our offer to manage "white lands"
included within the boundaries of the KRGSA, noting that no such lands are
currently included. You are correct that the KRGSA intentionally carved out all
of the "white lands" from its boundaries. This was done to avoid an overlap with
the County. Now, with the County joining the KRGSA as an additional entity, it
may request inclusion of some white lands within the boundaries of the KRGSA
and we are amenable to considering such request. The offer to manage white
lands refers to those white lands, if any, that may be included within the KRGSA
pursuant to such request.
b. You state: "...the County requests that the KRGSA undertake to
manage portions of the white lands that are within a reasonable proximity to the
KRGSA at the County's request. This may require the KRGSA boundaries to be
amended to include those agreed upon areas." As stated above, we are
amenable to such request and are willing to adjust the KRGSA boundaries when
and if white lands are proposed for inclusion by the County and such inclusion
has been accepted by the KRGSA.
5. Well Permits:
a. In the Participation MOU we have provided that well permitting is
under the County's jurisdiction and should remain so. We have also provided
that the KRGSA will not transform the well - permitting process from a ministerial
function (which does not trigger CEQA) to a discretionary function (which
Mr. Alan Christensen
Kern County Administrative Office
October 6, 2016
Page 4 of 5
triggers CEQA) without prior consultation with the County. Finally, we have
provided, if the GSP or the KRGSA shall cause CEQA to be triggered with respect
to well permitting, the County may look to the KRGSA for contribution and
indemnification with respect to CEQA compliance and challenges. This is a far
as we are willing to go.
b. You state: "...in the event the GSP or any action undertaken by the
KRGSA or any SGMA provision does transform the well - permitting process from a
ministerial function to a discretionary function, the County shall look to the
KRGSA for contribution and indemnification in the event of CEQA compliance
costs and litigation." As stated above, we are willing to accept the
consequences of our own actions and those flowing from our duly adopted GSP
but you must look to legislature for relief from consequences attributable to
SGMA provisions.
6. Indemnification: We have included language in the Participation MOU to
the effect that, if the County is asked by the KRGSA to use its police powers for a
specific purpose for the KRGSA, then the KRGSA would indemnify the County.
We have stated that that indemnification should be considered on a case by
case basis. You have eliminated reference to a "case by case basis" and have
added the obligation to not only indemnify but also "defend" the County.
These changes seem unduly burdensome and are rejected.
7. JPA v. MOU: We have opined that development and implementation of
our GSP does not require formation of a JPA but that a JPA would be formed if it
proves to be legally required. You agree "...provided the KCWA is deemed to
be exercising its authority to manage the white lands." If the County chooses to
add white lands to the KRGSA, and requests that the KRGSA manage those
lands for SGMA purposes, it may be appropriate for the KCWA to exercise some
authority in this regard. However, we see no need to anticipate the event and,
in effect, will cross that bridge when we come to it.
B. Oil & Gas: We have provided in the Participation MOU that the KRGSA will
cooperate with the County, the oil and gas industry, and the State Department
of Water Resources to preserve and protect available water supplies. You
accept this assurance provided that the promise to "cooperate" includes
"...the KRGSA's promise to work with the County, the oil and gas industry, and
the State Department of Water Resources to ensure that produced water ... is not
subject to ... [SGMA] ... and is not subject to mandated numeric targets." While
we may be sympathetic to the cause, we cannot provide the type of
commitment you request. First, a promise to "work with" the County and others
in order "to ensure" a particular outcome is too open -ended and could embroil
the KRGSA in protracted litigation. Second, as stated earlier, we intend to limit
Mr. Alan Christensen
Kern County Administrative Office
October 6, 2016
Page 5 of 5
the activities of the KRGSA to fulfillment of its SGMA obligations and, quite
frankly, becoming an advocate for the oil and gas industry does not appear to
be consistent with that goal.
9. Conflict Waiver: You require that "...all objections to the law firm of Best,
Best & Krieger representing the County are waived in writing by the KCWA."
That is a matter between the County, the KCWA and the subject law firm. It is a
matter in which the KRGSA has no interest and as to which we take no position.
If you have any questions or comments regarding the foregoing, please
do not hesitate to contact us. In the meantime, we look forward to receipt of a
signed Participation MOU. Thank you for your anticipated cooperation and
prompt attention to this matter.
Very truly yours,
KERN RIVER GROUNWATER SUSTAINABILITY
AGENCY
By:
RODNEY PALLA, Chairman
cc: Kern Delta Water District
Kern County Water Agency Improvement District No. 4
City of Bakersfield
Members of the Kern County Board of Supervisors
John Nilon, County Administrator
Theresa A. Goldner, County Counsel
MEMORANDUM OF UNDERSTANDING
RE PARTICIPATION IN
KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY
THIS MEMORANDUM OF UNDERSTANDING is made as of (Effective Date)
by and among the County of Kern (County) and the Kern River Groundwater Sustainability Agency
(KRGSA), collectively the "Parties ", each of whom agree as follows:
RECITALS
A. On or about March 30, 2016 certain entities entered into Agreement 16-048 entitled
"Memorandum of Understanding Forming the Kern River Groundwater Sustainability Agency" (MOU).
B. On or about April 12, 2016 the KRGSA filed a notice of determination to become a GSA
with the Department of Water Resources (DWR), which notice was posted by DWR on April 21, 2016.
C. On or about July 20, 2016 the County filed a notice of determination to become a GSA
which created an overlap with the KRGSA causing both notices to be suspended pending resolution of
the overlap.
D. The Parties now desire to resolve the overlap by (1) having the County withdraw its
notice of determination to become a GSA with respect to lands within the boundaries of the proposed
KRGSA and (ii) having the County join the KRGSA as a non - voting "additional entity", all upon the terms
and conditions hereinafter stated.
IuliuUJ;Td:PPlui
1. County agrees to withdraw its notice of determination to become a GSA with respect to lands
within the boundaries of the proposed KRGSA.
2. County has jurisdiction over certain lands within the Kern County Sub -basin which the County
may wish to designate for inclusion within the boundaries of the KRGSA. The KRGSA will consider
inclusion within the boundaries of the KRGSA of the lands designated by the County and, if included,
such lands shall be subject to the MOU, the KRGSA Bylaws, and any rules or regulations of the KRGSA
heretofore or hereafter adopted or amended.
3. County hereby commits to participate in the KRGSA as a non - voting "additional entity". County
participation as a non - voting "additional entity" is conditioned on the following assurances provided by
the KRGSA:
a. Indemnification: If the County is asked by the KRGSA to use the County's police powers
for a specific purpose for the KRGSA, then the KRGSA would indemnify the County.
Indemnification would be on a case by case basis.
b. Land Use Powers: The KRGSA and its participants agree, and the GSP will provide, that
nothing in the GSP or any actions taken by the KRGSA, shall modify, limit or preempt the
County's police powers, including its land use authority. On the other hand, the County does
not intend to designate or zone a specific project with an expectation that the KRGSA will
provide more water allotment than that which is determined by the GSP allotment and policies.
C. White Lands: The KRGSA will manage "white lands" included within its boundaries if
requested to do so by the County.
d. Well Permits: Well permitting is under the County's jurisdiction and should remain so.
The KRGSA will not transform the well - permitting process from a ministerial function (which
does not trigger CEOA) to a discretionary function (which triggers CEOA) without prior
consultation with the County. If the GSP or the KRGSA shall cause CECIA to be triggered with
respect to well permitting, the County may look to the KRGSA for contribution and
indemnification with respect to CEQA compliance and challenges.
e. Water Transfers: Water transfers within the basin are essential to economic stability and
future development opportunities. The KRGSA will consider this position when assessing its
water transfer policy in the GSP. Further, the KRGSA does not intend to restrict use of water
within its boundaries to a specific use.
f. Unincorporated Communities: The needs and water resources of unincorporated
communities will be considered and addressed in the GSP.
g. JPA v. MOU: It is understood that the development and implementation of the GSP does
not require the joint exercise of powers among the Parties and, therefore, formation of a JPA is
unnecessary. The Parties will form a JPA if and to the extent legally mandated.
h. Participation: The KRGSA will ensure that all additional agencies (including the County)
will have a continuous opportunity to participate in the preparation, review, and adoption of the
GSP. The term "participate" in this context means access to all non - privileged drafts, reports,
technical information, and other materials and communications, and an ability to be actively
engaged in all open meetings related to the preparation, review, and adoption of the GSP.
"Actively engaged" means as a signatory to the MOU (i.e., an "additional agency') and more
than as a member of the general public.
I. Oil & Gas: The KRGSA will cooperate with the County, the oil and gas industry, and the
State Department of Water Resources to preserve and protect available water supplies.
Additionally, the GSP may incorporate current adopted mitigation measures found in the Oil and
Gas Environmental Impact Report approved by the Board of Supervisors as a means to address
best management practices and related GSA oil and gas concerns.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
COUNTY OF KERN KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY
By:
By:
MICK GLEASON, Board Chair RODNEY PAULA, Board Chair
DATE:
KERN GROUNDWATER AUTHORITY
KERN RIVER GROUNDWATER SUSTAINBILITY AGENCY
FUNDING & PARTICIPATION AGREEMENT
THIS FUNDING & PARTICIPATION AGREEMENT (the "Agreement ") is made
effective as of , 2016 by and among certain of the members of the Kern
Groundwater Authority (the "Authority ") and the Kern River Groundwater Sustainability
Agency (the "KRGSA ") listed on the attached Exhibit A (collectively the "Parties "), and is
made with reference to the following facts:
A. The Parties desire to coordinate the development of a groundwater model for
purposes of meeting the various requirements of the Sustainable Groundwater Management Act
( "SGMA ").
B. The Parties wish to engage Todd Groundwater to develop the groundwater model
as described on the attached Exhibit B (the "The Activity ").
C. All members of the Authority have been given the opportunity to enter into this
Agreement. This Agreement and the Activity were determined to be consistent with the Joint
Powers Agreement and approved by the Authority's Board of Directors on
C. All members of the KRGSA have been given the opportunity to enter into this
Agreement. This Agreement and the Activity were approved by the KRGSA Board of Directors
on
THEREFORE, in consideration of the facts recited above and of the covenants, terms and
conditions set forth herein, the Parties agree as follows:
Section 1 Pumose:
The purpose of this Agreement is to set forth the terms and which the Parties will
coordinate to undertake the Activity. The activities undertaken to carry out the purposes of this
Agreement shall be those, and only those, authorized by the Management Committee (defined in
Section 2 of this Agreement) from time to time in accordance with this Agreement. Without
limiting in any way the scope of the activities that may be undertaken under this Agreement, such
activities shall include funding actions and obligations undertaken to carry out the directions of
the Management Committee.
Section 2 Organization:
The Parties agree that a cooperative effort to develop a groundwater model between and
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among the Parties may be cost- effective, avoid duplication and effectively use limited resources
of the Parties. The Parties agree to use good faith efforts to reach consensus on the guidance and
development of the Activity. To advance the purpose of this Agreement, Parties agree to
establish the organizational structure below:
(a) Management Committee. The business of the Parties under this
Agreement shall be conducted by a Management Committee consisting of three (3) members
appointed by the Authority and three (3) members appointed by the KRGSA. Appointment of
each member of the Management Committee shall be by action of the governing body of the
Parties appointing such member, and shall be effective upon the appointment date. Each member
shall serve on the Management Committee from the date of appointment by the governing body
of the Party he /she represents at the pleasure of such governing body. The Parties may appoint
alternate members to attend, participate and vote in Management Committee meetings in the
absence of the appointed members.
(1) Officers. The Management Committee shall select from among its
members a Chairman, who shall act as presiding officer, and a Vice Chairman, to serve in the
absence of the Chairman. There also shall be selected a Secretary, who may, but need not be, a
member of the Management Committee. All elected officers shall remain in office at the
pleasure of a majority vote of the Management Committee.
(2) Meetings. The Chairman of the Management Committee or, a
majority of a quorum of the members of the Management Committee, are authorized to call
meetings of the Management Committee as necessary and appropriate to conduct the business of
the Parties under this Agreement. All such meetings shall be open to the public and subject to
the requirements set forth in the Ralph M. Brown Act (Government Code Sections 54950 et
Ste.).
(3) Quorum and Voting. A majority of the then - appointed members
shall constitute a quorum of the Management Committee. Each Committee Member shall have
one vote. All actions of the Management Committee must be taken by a vote of at least sixty -
six percent (66 %) the members present.
Option 2: A majority of the then - appointed members shall constitute a
quorum of the Management Committee. Votes of each Committee Member shall be allocated by
the Participation Percentages as set forth in Exhibit A. Specifically, each Authority Committee
Member will be allocated one -third of the Participation Percentage for all Parties participating as
part of the Authority. Similarly, each KRGSA Committee Member shall be allocated a vote
equal to one -third of the total Participation Percentage for all Parties participating under the
KRGSA. All actions of the Management Committee must be taken by a vote of at least sixty -six
percent (66 %) the votes present at the time of voting.
(4) Powers and Limitations Thereon. Subject to the direction of the
governing bodies of the Parties, the Management Committee shall undertake all actions
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necessary for carrying out this Agreement, including but not limited to the responsibility for:
• setting policy for the Parties acting under this Agreement with
respect to the Activity;
• making budget recommendations for activities undertaken in the
name of the Parties under this Agreement;
• determining the basis for calculation of the participation
percentages for each fiscal year, and the timing required for
payments of obligations hereunder;
• employing consultants and otherwise authorizing expenditure of
funds collected under this Agreement within the parameters of the
budget approved hereunder;
• and such other actions as shall be reasonably necessary or
convenient to carry out the purposes of this Agreement.
(5) In addition to the responsibilities above, the Management
Committee shall develop a statement of work describing tasks to be
completed to develop the groundwater model. The statement of work will
be attached and incorporated into this Agreement.
Section 3 Funding:
(a) Bum. The Parties shall have the authority and the obligation to
develop and approve a budget for the activities authorized by this Agreement, annually or more
frequently as needed, for presentation to the governing bodies of the Parties. No budget shall be
deemed approved until it is approved by both the Management Committee and the governing
bodies of the Parties. To initially fund the budget for this Agreement, for the period between the
effective date set forth above and December 31, 2017, the Parties shall contribute their pro -rata
share of a total of $XXX,000, in accordance with Section 5 of this Agreement.
(b) Fiscal A ennt. shall act as the fiscal agent for
the Parties with respect to activities undertaken under this Agreement. Not later than the 60th day
of each calendar quarter, the fiscal agent shall invoice each of the Parties for their share (based on
that Parties participation percentage set forth on Exhibit A) of the anticipated costs for activities
undertaken under this Agreement for the next calendar quarter as determined by the Management
Committee, which amount shall be paid by each of the Parties to the fiscal agent within 30 days
of the receipt of such invoice. With the approval of the Management Committee, the fiscal agent
may also make additional calls for funds from the Parties if needed to pay expenses incurred
under this Agreement, subject to the approved budget for activities under this Agreement. The
fiscal agent shall deposit all amounts received and account for them separately. The fiscal agent
shall pay all bills approved by the Management Committee from funds on deposit. The fiscal
agent shall also provide monthly reports to the Parties reflecting all receipts and disbursements of
funds provided under this Agreement. The books and records of the fiscal agent relating to
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activities undertaken under this Agreement shall be open to inspection by the Parties during
reasonable business hours.
(c) Allocation of Obligations. Should the Parties acting collectively
under this Agreement enter into any contract or other voluntary obligation, such contract or
obligation shall be in the name of the fiscal agent; provided, that all financial obligations
thereunder shall be satisfied solely with funds provided under this Agreement. Further, if the
fiscal agent, the Parties or any other party is held liable for any amounts caused by an act or
omission occurring in the performance of this Agreement, such party shall be entitled to
contribution from each of the Parties so that each of the Parties shall bear a share of such liability
equal to the amount of such liability multiplied by its participation percentage in existence at the
time the subject act or omission occurred. Each of the Parties shall indemnify, defend and hold
the other Parties (including without limitation the fiscal agent) harmless from and against any
liability, cause of action or damage (a "Cost ") arising out of the performance of this Agreement
in excess of the amount of such Cost multiplied by each of the Parties participation percentage.
Notwithstanding the foregoing, to the extent any such liability is caused by the negligent or
wrongful act or omission of one or more of the Parties, such Party shall bear such liability. Upon
approval by the Management Committee, the fiscal agent shall be reimbursed from funds
provided under this Agreement for its reasonable administrative costs incurred in connection
with activities undertaken under this Agreement.
Section 4 Participation Percentages:
Each of the Parties shall pay that share of costs for activities undertaken pursuant
to this Agreement incurred on behalf of all of the Parties, whether undertaken in the name of the
of the Parties or otherwise, equal to such Parties' participation percentage as established in this
Section 5. The initial participation percentages of the Parties are set forth in the attached Exhibit
A. These initial participation percentages are fixed for purposes of establishing responsibilities
for start-up costs and other amounts contained in the approved budget through December 31,
2017. The participation percentages of each of the Parties may be modified by the Management
Committee from time to time as the result of the admission of a new party to this Agreement or
the withdrawal of a member, and Exhibit A shall be amended to reflect all such changes. Such
amended Exhibit A shall, upon approval by the Management Committee, be attached hereto and
upon attachment, shall supersede all prior versions of Exhibit A without the requirement of an
amendment of this Agreement.
Section 6 Source of Pam:
Each of the Parties shall fix rates, charges or assessments in connection with its
operations so that it will at all times have sufficient money to meet its obligations hereunder.
Section 7 Term:
This Agreement shall take effect on the date it is executed by the Parties and shall
H
remain in full force and effect until this Agreement is amended, rescinded or terminated by the
Management Committee.
Section 8 Withdrawal From Further Partici
To withdraw from this Agreement, the withdrawing Party shall provide the other
Parties written notice of such withdrawal not less than 30 days prior to the withdrawal date. As
of the withdrawal date, all rights of participation in this Agreement shall cease for the
withdrawing Party, and the withdrawing Party shall within 30 days, pay all financial obligations
incurred prior to the date of the withdrawing Party's notice of withdrawal and pursuant to the
terms of this Agreement. Upon withdrawal of a Party, the participation percentages described in
Section 4 shall be automatically recalculated to distribute such participation percentages among
all remaining Parties on a prorated basis.
Section 9 Admission of New Parties:
Additional entities may become Parties to this Agreement upon a majority vote of
all the then - current Parties to this Agreement, and upon such conditions as are fixed by such
Parties. Upon admission of a new Party, the participation percentages described in Section 4
shall be recalculated to distribute such participation percentages among all Parties on a prorated
basis and such revised percentages shall be effective as of the date the new Party executes the
Agreement.
Section 10 Amendments:
This Agreement may be amended only by a writing executed by all of the then-
current Parties.
Section 11 Assignment; Binding on Successors:
Except as otherwise provided in this Agreement, the rights and duties of the
Parties may not be assigned or delegated without the written consent of the other Parties. Any
attempt to assign or delegate such rights or duties in contravention of this Agreement shall be
null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors
and assigns of the Parties.
Section 12 Counterparts:
This Agreement may be executed by the Parties in separate counterparts, each of
which when so executed and delivered shall be an original, but all such counterparts shall
together constitute but one and the same instrument. Facsimile and electronic signatures shall be
binding for all purposes.
Section 13 Severability:
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If one or more clauses, sentences, paragraphs or provisions of this Agreement
shall be held to be unlawful, invalid or unenforceable, the remainder of the Agreement shall not
be affected thereby.
Section 14 Notices:
Notices authorized or required to be given under this Agreement shall be in
writing and shall be deemed to have been given when mailed, postage prepaid, or delivered
during working hours, to the addresses set forth for each of the Parties beneath their signatures on
this Agreement, or to such other address as the Parties may provide from time to time.
[SIGNATURES
M
Stakeholder Identification Form
Name of KGA Member or GSA Applicant Rosedale -Rio Bravo Water Storage District
Name of Stakeholder / Stakeholder Organization Contact Person Name Contact Person Phone No.
Example Vaughn Mutual Water Company Van Grayer 661 -589 -2931