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Staff Reports - East Bay Municipal Utility District

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Yuba Accord - Freeport Point of Rediversion Project Agreements<br />

January 22, 2013<br />

Page 2<br />

YCWA's water rights permits to facilitate future transfers to EBMUD. EBMUD would have the option<br />

to purchase water made available under the Yuba Accord that cannot be delivered to existing buyers<br />

south of the Delta due to Delta pumping restrictions.<br />

The parties have negotiated two agreements to implement the project:<br />

1. Cost-sharing Agreement: The cost-sharing agreement outlines the roles, responsibilities, and costsharing<br />

commitments for the parties to complete technical and environmental work needed to<br />

obtain the approvals necessary to implement the project. Each party would be responsible for its<br />

own legal, administrative, management and certain engineering costs to implement the project. The<br />

<strong>District</strong> would reimburse YCWA up to $160,000 for outside environmental and technical support<br />

and 50% of the filing fee to the State Water Resources Control Board for the change petition to add<br />

the FRWA intake to YCWA's water rights permits, not to exceed $8,000.<br />

2. Term Sheet: The term sheet establishes the point of water delivery and re-diversion and<br />

notification date. It identifies several provisions to be negotiated in a long-term water transfer<br />

option agreement including delivery volume, price and schedule. The maximum quantity of water<br />

transferred in any given year is not expected to exceed 20,000 acre-feet.<br />

An opportunity for discussion of these principles will be provided during the January 22, 2013 Water<br />

Supply Workshop.<br />

FISCAL IMPACT<br />

Funds for this project are included in the FY13 CIP.<br />

ALTERNATIVES<br />

Do not proceed with the project. - Not recommended. The project would facilitate future transfers<br />

from YCWA to EBMUD to meet dry year needs. It requires no cost commitment to the <strong>District</strong> beyond<br />

the cost to develop and implement the project that is already included in the FY13 budget.<br />

Re-aegotiate agreements. - Not recommended. Since 2011, YCWA and EBMUD have been working<br />

to develop a mutually agreeable, low-cost strategy for implementing the project. The proposed<br />

agreements and cost-share commitments reflect a substantial amount of work already performed by<br />

both parties.<br />

RGS:MTT:jrl<br />

Attachment: Project Location Map

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