HomeMy WebLinkAbout01 - Draft Agreement - Wetland Water Supply Project (WWSP)CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
July 16, 1996
TO: Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: Draft Agreement
Wetland Water Supply Project (WWSP)
The following is a summary of the important terms and conditions of the most
current version of the Draft Agreement between OCWD, the City and IRWD:
1. Construction of Green Acres Phase II and the Intertie
a. City must obtain end user agreements from major purchasers and
contribute $500,000 toward end user retrofits.
b. IRWD loans the $500,000 to City with repayment over 15 years
using proceeds from reclaimed water sales.
C. OCWD constructs Green Acres Phase Ii ($6.1 million less
$500,00)and agrees to accept at least 4.6 mgd of reclaimed water.
d. IRWD agrees to construct Intertie ($2.4 million) and transmit at least
4.6 mgd of reclaimed water to OCWD.
2. Wetland Water Supply Project - Reduce Discharge
a. IRWD agrees to reduce WWSP discharges from 5 mgd to 3.2 mgd
during Demonstration Phase.
b. City agrees not to appeal SARWQCB permit litigate adequacy of
EIR for WWSP, or oppose use of Reclaimed Water to irrigated
marsh so long as no discharge to San Diego Creek. Request
modification of AB 3344 to implement agreement.
3. VWVSP 1996 - 1997 No Discharge Scenario
IRWD agrees not to discharge reclaimed water during 1996-1997 winter if:
a. CSDOC agrees to calculate IRWD flows assuming discharge into
the Bay pursuant to agreement (3.2 mgd); this reduces IRWD
capital fee charges to CSDOC;
b. SARWQCB acknowledges that internal and external monitoring
combined with revised modeling satisfies first year of demonstration
phase; and
C. City and IRWD agree on revised modeling and monitoring to assure
accurate scientific evaluation of WWSP without actual discharge.
d. City obtain End-use Agreement from major purchasers. City and
IRWD scientists will prepare joint report on results of first year
monitoring and present report with public.
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e. IRWD unable to obtain all permits necessary to discharge.
4. Long Term "No Discharge" Scenario
IRWD will agree not to discharge reclaimed water into the bay in future if:
a. GAP II and the intertie are fully operational;
b. OCWD has the ability to lawfully dispose of excess flows (outfall);
C. IRWD has a reliable source of water to irrigate duck ponds and
marsh mitigation areas;
d. City and IRWD agree on maintenance of summertime diversion and
bay monitoring for at least
97-98 season.
ROBERT H. BURNHAM
City Attorney
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