HomeMy WebLinkAboutC-8541-1 - Agreement Regarding Emergency Diversions of Recycled Water to the San Diego Creek WatershedAGREEMENT REGARDING EMERGENCY DIVERSIONS OF RECYCLED WATER
TO THE SAN DIEGO CREEK WATERSHED
This AGREEMENT REGARDING EMERGENCY DIVERSIONS OF RECYCLED
WATER TO THE SAN DIEGO CREEK WATERSHED ("Agreement") is made and entered
into as of this 27th day of February, 2018 ("Effective Date"), by and between the CITY OF
NEWPORT BEACH, a California municipal corporation and charter city ("City") and the
IRVINE RANCH WATER DISTRICT, a California water district organized and existing
pursuant to the California Water District Law, California Water Code Section 34000 et seg.
("IRWD"), and is made with reference to the following:
RECITALS
A. City and IRWD are parties to an agreement dated December 21, 2011 ("2011 Intertie
Agreement"), regarding the construction and operation of an intertie to convey
recycled water from IRWD's Michelson Water Recycling Plant ("MWRP") to Orange
County Water District's Green Acres Phase II pipeline and the establishment of
operating conditions for use of the ocean outfall at the Orange County Sanitation
District's Plant No. 2 in the City of Huntington Beach.
B. IRWD seeks an amendment to its National Pollutant Discharge Elimination System
permit ("Permit") for the MWRP from the Santa Ana Regional Water Quality Control
Board ("Board") to allow for, among other things, the emergency diversion of recycled
water to the San Diego Creek Watershed during emergency conditions.
C. The purpose of this Agreement is to memorialize the understanding of City and IRWD
regarding the emergency conditions when IRWD may divert recycled water to the San
Diego Creek Watershed.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. CITY ACKNOWLEDGMENT AND AGREEMENT
City hereby acknowledges and agrees to IRWD's ability to divert recycled water to the
San Diego Creek Watershed in emergency conditions provided that any such diversion
satisfies all of the conditions set forth in that certain "Side Letter Regarding Emergency
Diversions of Recycled Water to the San Diego Creek Watershed" ("Side Letter') attached
hereto as Exhibit A and incorporated herein by this reference.
2. IRWD ACKNOWLEDGMENT AND AGREEMENT
IRWD hereby acknowledges and agrees that it will abide the conditions of the Side
Letter and the Permit, as amended, prior to any diversion of recycled water into the San
Diego Creek Watershed in emergency conditions.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORN Y'S OFFICE a California municipal corporation
Date: Date:
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By: By:
Aaron C. Harp Dave iff Ij
City Attorney City Manager
ATTEST:
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Date: �j
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Leilani
By: � 4, Brown
City Clerk
APPROVED AS TO FORM: IRVINE RANCH WATER DISTRICT
Date: 3 1 Z g Date: X HftcM Zotd�
By: By: // �./�•
Alfr d E.rgmitfi, IIaul�Cook
General Counsel General Manager
[END OF SIGNATURES]
Irvine Ranch Water District 2
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Irvine Ranch
WATER DISTRICT
EXHIBIT A
This Side Letter memorializes the understanding of the City of Newport Beach ("City") and the Irvine
Ranch Water District ("IRWD") regarding the emergency conditions when IRWD may divert recycled water to
the San Diego Creek Watershed. City and IRWD's understanding is that IRWD will not undertake emergency
diversions of recycled water to the San Diego Creek Watershed without first doing all of the following:
1. Stop importing water purchased from the Metropolitan Water District to augment the IRWD recycled
water system;
2. Shutoff all irrigation water wells providing water to the recycled water system;
3. Stop producing recycled water at the Los Alisos Water Recycling Plant;
4. Send recycled water without charge to the Orange County Water District through the Green Acres
Project consistent with the intertie agreement dated December 21, 2011;
5. If possible, shutoff all Department of Justice wells that deliver water into the recycled water system,
while still complying with the Record of Decision with the Department of the Navy pertaining to the
operation of these wells;
6. Send all allowable recycled water (subject to physical conveyance capacities) to South Orange
County Wastewater Authority outfall;
7. IRWD to confirm and document that Orange County Water District and Orange County Sanitation
District cannot take additional recycled water flow;
8. Continue working diligently towards the completion of the following:
a. Constructing, funding, and implementing a feasible connection between the Green Acres Pipeline
and the Santa Ana River on or before the expiration of IRWD's NPDES Permit on June 30, 2020
and providing regular updates to the City on IRWD's progress;
b. Constructing and providing additional feasible recycled water storage by expanding the Syphon
Reservoir as soon as possible, including performing all environmental review, design, permitting,
and construction activities necessary for such storage and providing regular updates to the City
on IRWD's progress; and
c. Conducting workshops and stakeholders meetings with City and other stakeholders to obtain
input on the terms and conditions of IRWD's renewal of the NPDES Permit.
In the event all of the above items have been satisfied and there still exists an emergency situation
where IRWD must divert recycled water into the San Diego Creek Watershed, IRWD must use its best efforts
to notify the City at least 48 hours prior to an emergency discharge.
Date: l-0 krfixH,f,r
Paul Cook
General Manager
Irvine Ranch Water District
Irvine Ranch Water District • 15600 Sand Canyon Ave., Irvine, CA 92618 • Mailing Address: P.O. Box 57000, Irvine, CA 92619-7000 • 949-453-5300 • www.lrwd.com
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