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VII. Additional Pumping Allowed Under Agreement With Central and West Basin Water Replenishment District, During Periods of Emergency.
Central and West Basin Water Replenishment District, a public corporation of the State of California, (Division 18, commencing with Section 60,000 of the Water Code), hereinafter "Replenishment District", overlies West Basin and engages in activities of replenishing the ground waters thereof.
During an actual or threatened temporary shortage of the imported water supply to West Basin, Replenishment District may, by resolution, determine to subsequently replenish the Basin for any water produced in excess of a party's adjudicated rights hereunder, within a reasonable period of time, pursuant to agreements with such parties (to a maximum of 10,000 acre feet), under the terms and conditions hereinafter set forth.
- Notwithstanding any other provision of this Judgment, parties (including successors in interest) who are water purveyors, as herinabove defined, are authorized to enter into agreements with Replenishment District under which such water purveyors may exceed their Adjudicated Rights for a particular water year when the following conditions are met:
- Replenishment District is in receipt of a resolution of the Board of Directors of The Metropolitan Water District of Southern California ("MWD") stating there is an actual or immediately threatened temporary shortage of MWD's imported water supply compared to MWD's needs, or a temporary inability to deliver MWD's imported water supply throughout its area, which will be alleviated in part by overpumping from West Basin.
- The Bard of Directors of both Replenishment District and West Basin Municipal Water District (WBMWD), by resolutions, concur in the resolution of MWD's Board of Directors and each determine that the temporary overproduction in West Basin will not adversely affect the integrity of the Basin or the sea water barrier maintained along the Coast of West Basin.
- In said resolution, Replenishment District's Board of Directors shall set a public hearing, and notice the time, place and date thereof (which may be continued from time to time without further notice) and which said notice shall be given by First Class Mail to the current designees of the parties, filed and served in accordance with Paragraph IX of this Judgment.
Said notice shall be mailed at least ten (10) days before said scheduled hearing date.
- At said public hearing, parties (including successors in interest) shall be given full opportunity to be heard, and at the conclusion thereof the Board of Directors of Replenishment District by resolution decides to proceed with agreements under this Paragraph VII.
- All such agreements shall be subject to the following requirements, and such reasonable others as Replenishment District's Board of Directors shall require:
- They shall be of uniform content except as to the quantity involved, and any special provisions considered necessary or desirable with respect to local hydrological conditions or good hydrologic practice.
- They shall be offered to all water purveyors, excepting those which Replenishment District's Board of Directors determine should not over-pump because such over-pumping would occur in undesirable proximity to a sea water barrier project designed to forestall sea water intrusion, or within, or in undesirable proximity to, an area within West Basin wherein groundwater levels are at an elevation where over-pumping is, under all the circumstances, then undesirable.
- The maximum terms for the agreements shall be four months, all of which said agreements shall commence and end on the same day (and which may be executed at any time within said four month period), unless an extension thereof is authorized by the Court, under this Judgment.
- They shall contain provisions that the water purveyor executing the agreement pay to the Replenishment District a price, in addition to the applicable replenishment assessment, determined on the following formula: The price per acre foot of WBMWD's treated domestic and municipal water for the water year in which the agreement is to run, less the total of: (a) an amount per acre foot as an allowance on account of incremental cost of pumping, as determined by Replenishment District's Board of Directors; and (b) the rate of the replenishment assessment of Replenishment District for the same fiscal year.
If the term of the agreement is for a period which will be partially in one fiscal year and partially in another, and a change in either or both the price per acre foot of WBMWD's treated domestic and municipal water and rate of the replenishment assessment of Replenishment District is scheduled, the price formula shall be determined by averaging the scheduled changes with the price and rate then in effect, based on the number of months each will be in effect during the term of the agreement. Any price for a partial acre-foot shall be computed pro rata.
Payments shall be due and payable on the principle that over-extractions under the agreement are the last water pumped in the fiscal year, and shall be payable as the agreement shall provide.
- They shall contain provisions that:
(a) All of such agreements (but not less then all) shall be subject to termination by Replenishment District if, in the Judgment of Replenishment District's Board of Directors, the conditions or threatened conditions upon which they were based have abated to the extent over-extractions are no longer considered necessary; and
(b) that any individual agreement or agreements may be terminated if the Replenishment District's Board of Directors finds that adverse hydrologic circumstances have developed as a result of over-extractions by any water purveyor or purveyors which have executed said agreements, or for any other reason that Replenishment District's Board of Directors finds good and sufficient.
- Other matters applicable to such agreements and over-pumping thereunder are as follows, and to the extent they would affect obligations of the Replenishment District they shall be anticipated in said agreements:
- The quantity of over-pumping permitted shall be additional to that which the water purveyor could otherwise over-pump under this Judgment.
- The total quantity of permitted overpumping under all said agreements during said four months shall not exceed ten thousand (10,000) acre feet, but the individual water purveyor shall not be responsible or affected by any violation of this requirement.
That total is additional to over-extractions otherwise permitted under this Judgment.
- Only one four month period may be utilized by Replenishment District in entering into such agreements, as to any one emergency or continuation thereof declared by MWD's Board of Directors under sub-paragraph 6 (a) hereof.
- The ex parte provisions of this Judgment may be utilized in lieu of the authority contained herein (which ex parte provisions are not limited as to time, nature or relief, or terms of any agreements), but neither Replenishment District nor any other party shall utilize both as to any one such emergency or continuation thereof.
- If any party claims that it is being damaged or threatened with damage by the over-extractions by any party to such an agreement, the Watermaster or any party hereto may seek appropriate action of the Court for termination of any such agreement upon notice of hearing given by the party complaining, to the party to said agreement, to the Replenishment District, and to all parties who have filed a request herein for such special notice.
Any such termination shall not affect the obligation of the terminated party to make payments under the agreement for over-extractions which previously occurred thereunder.
- Replenishment District shall maintain separate accounting and a separate fund of the proceeds from payments made pursuant to agreements entered into under this Paragraph VII.
Said fund shall be utilized solely for purposes of replenishment and the replacement of waters in West Basin. Replenishment District shall, as soon as practicable, cause replenishment in West Basin by the amounts to be overproduced pursuant to this Paragraph VII, whether through spreading, injection, or in-lieu agreements.
- Over-extractions made pursuant to the said agreements shall not be subject to the "make up" provisions of this Judgment, as amended, provided, that if any party fails to make payments as required by the agreement, Watermaster may require such "make up" under Paragraph V hereof.
- Water Purveyor under any such agreement may, and is encouraged to, enter into appropriate arrangements with customers who have water rights in West Basin under or pursuant to this Judgment, whereby the Water Purveyor will be assisted in meeting the objectives of the agreement.
- Nothing in this Paragraph VII limits the exercise of the reserved and continuing jurisdiction of the court as provided in Paragraph XIV hereof.
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