Colton City Council
June 16, 2026

ATTACHMENT B‐2

SOURCE AREA OPERABLE UNIT
Rockets, Fireworks, and Flares Superfund Site
ATTACHMENT B-2

PROCESS FLOW DIAGRAM
PREPARED BY:

B.SWENSON (ERM)
JOB NO. 0179962
FILE: Rialto 0x Process Flow.dwg

PREPARED BY:

B.SWENSON (ERM)
JOB NO. 0179962
FILE: Rialto 0x Process Flow.dwg

SOURCE AREA OPERABLE UNIT
Rockets, Fireworks, and Flares Superfund Site
ATTACHMENT B-2

PROCESS FLOW DIAGRAM

ATTACHMENT B‐3

COMBINED REMEDIES OPERATION AND MAINTENANCE ACTIVITIES
Daily Activities
Description
Standard in‐house
operations to be
performed by Operator
Per Fixed Price Contract
Third Party
Contractor Cost to
be reimbursed as
Needed Notes
D1 Check operational status. Operator to perform
work.  Third party not
needed.

None
D2 Visually inspect and record
reservoir level and verify
that level does not exceed
high‐high or low‐low levels.

Operator to perform
work.  Third party not
needed.

None
D3 Check control panel for any
alarms.

Operator to perform
work.  Third party not
needed.

None
D4 Verify that pump motors in
Rialto 3, EW‐1, Miro‐2 and
Miro‐3 are or have recently
been operating (to the
extent such wells are being
utilized for the Combined
Remedies).

Operator to perform
work.  Third party not
needed.

None
D5 Visually inspect and record
totalized flow immediately
downstream of all
operating wells.

Operator to perform
work.  Third party not
needed.

None
D6 Meter and record the
volume of water delivered
to Colton.

D7 Visually inspect and record
pressure drop across the
Krebbs Desander.  Verify
that Krebbs Desander is
functioning and that water
is not overflowing its waste
pit. (if Rialto‐3 is operating)
Operator to perform
work.  Third party not
needed.

None
D8 Visually inspect and record
pressure readings on either
side of the six bag filters.  If
pressure is equal to or
greater than allowable
pressure rating for the filter
Operator to perform
work.  Third party not
needed.

None

Description
Standard in‐house
operations to be
performed by Operator
Per Fixed Price Contract
Third Party
Contractor Cost to
be reimbursed as
Needed Notes
bags, arrange for bag filter
change‐out.

D9 Visually inspect and record
lamp status for the Ultra‐
Violet (UV) system(s).

Operator to perform
work.  Third party not
needed.

None
D10 Visually inspect Booster
Pumps (BP‐1 and BP‐2)
status and record totalized
flow immediately
downstream
Operator to perform
work.  Third party not
needed.

None
D11 Visually inspect ion‐
exchange (IX) vessels and
verify absence of leaks.

Verify proper valve
alignment.  Record pressure
drop across each vessel.

Record totalized flow
immediately downstream
of IX vessels.

Operator to perform
work.  Third party not
needed.

None
D12 Visually inspect granular
activated‐carbon (GAC)
vessels and verify absence
of leaks. Verify proper valve
alignment.  Record pressure
drop across each vessel.

Record totalized flow
immediately downstream
of each GAC vessel.

Operator to perform
work.  Third party not
needed.

None
D13 Visually inspect and verify
proper operation of
Chlorination Systems.

Operator to perform
work.  Third party not
needed.

None
D14 Combined Treatment Plant
monitoring to comply with
DDW permit.

Operator should collect
samples and manage
logistics of sampling and
analysis.

Third party
laboratory charges
to be reimbursed.

Non‐Daily Duties
ND1 Monthly reporting to DDW
and other appropriate
agencies regarding
treatment plant operations,
throughput, contaminant
mass removal, daily amount
of water treated, water
Operator should prepare
and submit monthly
reports in accordance
with Rialto’s DDW
permit.

None.

Description
Standard in‐house
operations to be
performed by Operator
Per Fixed Price Contract
Third Party
Contractor Cost to
be reimbursed as
Needed Notes
quality monitoring results,
and a summary of alarms
and shutdowns experienced
at the treatment plant and
any corrective actions
taken.

ND2 Combined Treatment Plant
and near‐field monitoring
well (identified by Rialto)
sampling and analyses to
comply with DDW permit.

Operator should collect
samples and manage
logistics of sampling and
analysis.

Third party
laboratory charges
to be reimbursed.

ND3 Monthly shaft rotation for
all inactive pump motor
equipment (e.g., Miro‐2
and Miro‐3)
Operator to perform
work.  Third party not
needed.

None
ND4 Assure proper lubrication of
operating pumps and
motors (e.g., Rialto‐3,
EW‐1, BP‐1, and BP‐2).

Operator to perform
work.  Third party not
needed.

None.

ND5 Assure proper lubrication of
inactive pumps and motors
(e.g., Miro‐2 and Miro‐3).

Operator to perform
work.  Third party not
needed.

None
ND6 Trouble‐shooting when
operational status is
inconsistent with
expectations.

Operator to (1) perform
initial troubleshooting to
determine appropriate
action; (2) oversee
logistics of hiring third
party contractors as
needed; and (3) oversee
work as it is completed.

Third party
contractors as
needed (e.g.,
programmer,
electrician,
manufacturer’s rep)
to be reimbursed.

ND7 Trouble‐shooting when
reservoir levels are
inconsistent with
programming.

Operator to (1) perform
initial troubleshooting to
determine appropriate
action; (2) oversee
logistics of hiring third
party contractors as
needed; and (3) oversee
work as it is completed.

Third party
contractors as
needed (e.g.,
programmer,
electrician,
manufacturer’s rep)
to be reimbursed.

ND8 Trouble‐shooting to
determine cause of control
panel alarms.

Operator to (1) perform
initial troubleshooting to
determine appropriate
action; (2) oversee
logistics of hiring third
party contractors as
Third party
contractors as
needed (e.g.,
programmer,
electrician,
manufacturer’s rep)
to be reimbursed..

Description
Standard in‐house
operations to be
performed by Operator
Per Fixed Price Contract
Third Party
Contractor Cost to
be reimbursed as
Needed Notes
needed; and (3) oversee
work as it is completed.

ND9 Trouble‐shooting to
determine cause for non‐
operational pump motors.

Operator to (1) perform
initial troubleshooting to
determine appropriate
action; (2) oversee
logistics of hiring third
party contractors as
needed; and (3) oversee
work as it is completed.

Third party
contractors as
needed (e.g.,
programmer,
electrician,
manufacturer’s rep)
to be reimbursed.

ND10 Trouble‐shooting to
determine cause for
malfunctioning flow
totalizers and motorized
valves (including valves on
conveyance lines).

Operator to (1) perform
initial troubleshooting to
determine appropriate
action; (2) oversee
logistics of hiring third
party contractors as
needed; and (3) oversee
work as it is completed.

Third party
contractors as
needed (e.g.,
programmer,
electrician,
manufacturer’s rep)
to be reimbursed.

ND11 Trouble‐shooting to
determine cause of excess
pressure across the Krebbs
Desander or for excess
water overflowing its waste
pit.

Operator to perform
work.  Third party not
needed.

None
ND12 Bag filter change‐outs when
pressure is equal to or
greater than allowable bag
pressure rating, arrange for
bag filter change‐out.

Operator to perform
work.  Third party not
needed.

Cost of replacement
bag filters to be
reimbursed.

ND13 Manual and/or chemical
cleaning of quartz sleeves in
the UV unit when coliform
is detected downstream of
the UV unit.  Bulb
replacement may also be
required.

Operator handles
logistical issues of
identifying problem,
hiring third party
contractors to repair as
needed, overseeing
repairs and confirming
repairs were successful.

Costs of third party
experts on UV
systems or other
third party
contractors as
needed to be
reimbursed.

ND14 Manual cleaning and/or
chemical cleaning of quartz
sleeves in the UV unit when
UV bulb intensity is less
than 400 J/m2.  Bulb
replacement may also be
required.

Operator handles
logistical issues of
identifying problem,
hiring third party
contractors to repair,
overseeing repairs and
confirming repairs were
successful.

Costs of third party
experts on UV
systems or other
third party
contractors as
needed to be
reimbursed.

Description
Standard in‐house
operations to be
performed by Operator
Per Fixed Price Contract
Third Party
Contractor Cost to
be reimbursed as
Needed Notes
ND15 Arrange for IX and GAC
vessel seal
repair/replacement when
leaks are observed.

Operator handles
logistical issues of
identifying problem,
developing and
processing RFP, selecting
contractor, overseeing
work and confirming
work completed
successfully.

Costs of third party
contractors to be
reimbursed.

ND16 Arrange for and supervise
media replacement when
lead vessel IX or GAC
“break‐through” occurs.

Operator handles
logistical issues of
identifying problem,
developing and
processing RFP, selecting
contractor, overseeing
work and confirming
work completed
successfully.

Costs of third party
contractors to be
reimbursed.

ND17 Arrange for media
inspection/replacement if
problematic differential
pressure conditions are
identified at the treatment
vessels.

Operator handles
logistical issues of
identifying problem,
developing a solution,
selecting contractor,
overseeing work and
confirming work
completed successfully.

Costs of third party
contractors to be
reimbursed.

ND18 Trouble‐shooting to resolve
problematic conditions at
the chlorination system.

Operator to perform
work.  Third party not
needed.

None
ND19 Reprogramming the control
panel to adjust for seasonal
pumping rates or
otherwise.

Operator handles
logistical issues of
identifying problem,
hiring experts as needed,
and overseeing work and
confirming work
completed successfully.

Costs of third party
programmer to be
reimbursed.

ND20 Pump and/or motor
removal, service, and re‐
installation when required.

Operator handles
logistical issues of
identifying problem,
hiring experts as needed,
and overseeing work and
confirming work
completed successfully.

Costs of third party
contractors to be
reimbursed.

ND21 Housekeeping, weed
abatement in and around
Operator to perform
work.  Third party not
needed.

None.

Description
Standard in‐house
operations to be
performed by Operator
Per Fixed Price Contract
Third Party
Contractor Cost to
be reimbursed as
Needed Notes
treatment system and
wells.

Exhibit C
Conceptual Diagram of Combined Capture System

²A
²A
A²
DE
Combined
TreatmentPlant
North Ayala Drive
WestLeiskeDrive
North Fitzgerald Drive
North Linden Avenue
Rialto
MunicipalAirport
MIRO-2
MIRO-3
EW-1
RIALTO3
¯
0400
ScaleinFeet

SOURCEAREAOPERABLEUNIT

ROCKETS,FIREWORKS,ANDFLARESSITE
PREPAREDBY:

AJP(ERM)
JOBNO.0179962
FILE:ExhibitC.mxd
M:\Projects\Emhart_Rialto\Portland\GIS\IA\Exhibit C.mxd AJP 5/6/2015

EXHIBITC

CONCEPTUALDIAGRAMOF

COMBINEDCAPTURESYSTEM
Source:ImagecourtesyofUSGS©2013
MicrosoftCorporation.

Legend
A²
ProposedExtractionWellLocation
DE
CityofRialtoProductionWell
²A
MiroWells
PipelineConnectingEW-1to
CombinedTreatmentPlant
PipelineConnecting
Miro-2andMiro-3tothe
CombinedTreatmentPlant

Exhibit D
Conceptual Diagram of Distribution Piping

SOURCE AREA OPERABLE UNIT

ROCKETS, FIREWORKS, AND FLARES SITE
PREPARED BY:

AJP (ERM)
JOB NO. 0179962.08.B1
FILE: ExhibitD_ConceptualDiagram_ConveyancePipelinesRev1.mxd

EXHIBIT D

CONEPTUAL DIAGRAM OF

DISTRIBUTION PIPING
Source: ESRI Aerial Imagery Webservice,
USDA, June 3, 2014.

DE
A²
²A
²A
M:\Projects\Emhart_Rialto\Portland\GIS\Maps\Implementation Agreement\ExhibitD_ConceptualDiagram_ConveyancePipelinesRev1.mxd AJP 7/31/2015 Jerry
Eaves
Park
¯
0 1,400
Feet
Legend ²A Miro Wells A² Proposed Extraction Well Location DE City of Rialto Production Well Conveyance Pipeline
Baseline Connector
Combined
Treatment Plant
W Base Line Rd
N Ayala Dr
Miro Way
Locust Ave
N Maple Ave
N Cactus Ave
N Linden Ave

Exhibit E
Rialto Resolution 5248

Exhibit F
Combined Remedies Annual O&M Budget Form
(Example)
Task No. Description
Annual
Hours Hourly Rate Total Comments
D1‐D14 Daily Observation
and Recordings
___ hours per day
ND1 Monthly Reporting       ___ hours per month
ND2 DDW WQ Sampling       ___ hours per month
ND3 Shaft Rotation       ___ hours per month
ND4‐ND5 Well Lubrication       ___ hours per month
ND6‐ND11 Trouble‐shooting       ___ hours per month
ND12 Bag Filter Change‐
out
___ hours per quarter
ND13‐ND14 UV Maintenance       ___ hours per month
ND15 Coordinate the
Repair and
Maintenance of IX
and GAC
___ hours per month
ND16‐ND17 Coordinate the
change‐out of resin
or GAC
___ hours per quarter
ND18 Chlorine System
Maintenance
___ hours per week
ND19 Adjust Control Panel
and Programming
___ hours per year
ND20 Pump Motor Service       ___ hours per year
ND21 House Keeping
Weed Abatement
___ hours per month

ANNUAL LABOR SUBTOTAL     __________
ADMINISTRATIVE FEE     __________
ANNUAL LABOR TOTAL     __________

MATERIALS/EXPENSES
Materials, expenses and supplies to be billed at cost.

Exhibit G
‐1‐
Exhibit G
Procedure for Calculating Colton’s Baseline Lifting Cost As set forth in Paragraph V of this Agreement, Colton has leased certain of its water rights in the Basin to Emhart and the County to be utilized to meet the objectives of the Combined Remedies.  Colton, Emhart, and the County shall use the following procedure set forth this Exhibit G to calculate the baseline electrical costs that Colton would incur to lift an acre foot of water when operating its extraction wells in the Basin (“Colton’s Baseline Lifting Cost”).

The Colton Baseline Lifting Cost is used to calculate the amount Colton shall reimburse Emhart and the County for water pumped by Emhart and the County and delivered to the Colton municipal water supply system pursuant to Emhart and the County’s respective leases of Colton Water Rights.

1. Within 30 days following DDW issuance of the amendment of Colton and Rialto’s DDW Permits necessary for operation of the Combined Remedies, Emhart, the County, and Colton shall meet and confer to calculate Colton’s Baseline Lifting Cost using the following formula:  Colton’s Baseline Lifting Cost = (the total electrical costs ($) incurred to lift water at Colton wells C‐15 and C‐17 to the surface in the three years immediately prior to the calculation) ÷ (the total volume of water pumped at C‐15 and C‐17 (AF) in that same three year period).  Colton’s Baseline Lifting Cost shall be stated in dollars per acre foot of water ($/AF).

2. If:  (1) a change in groundwater levels materially impacts lifting costs in the Basin; or (2) a change in electrical energy costs materially impacts lifting costs in the Basin; Colton, the County, and Emhart shall meet and confer to re‐assess whether Colton’s Baseline Lifting Cost fairly and adequately represents the cost Colton would otherwise incur to lift an acre foot of water at its extraction wells in the Basin.

Exhibit H
‐1‐
Exhibit H
Annual Allocation of CR‐3/CTP Energy Costs and Reconciliation of Combined Remedies Energy Costs
This Exhibit H sets forth the procedures for annually (1) allocating the energy costs to operate CR‐3 and the CTP (“CR‐3/CTP Energy Costs”); and (2) allocating and reconciling all energy costs to operate the Combined Remedies.

Attached hereto is a compact disc (CD) containing a Microsoft Excel Workbook titled “Tables H‐1 and H‐2.XLSX.”  That file contains monthly spreadsheets for allocation of CR‐3/CTP Energy Costs (Table H‐1) and an annual reconciliation spreadsheet (Table H‐2).  To assist in the preparation of the annual allocation of CR‐3/CTP Energy Costs and reconciliation of Combined Remedies energy costs, attached are paper copies of Tables H‐1 and H‐2 with sample inputs and Tables H‐1 and H‐2 displaying the spreadsheet formulas used in the file.

I.   Allocation of CR‐3/CTP Energy Costs (Table H‐1)
CR‐3/CTP Energy Costs include (1) the cost of energy used to operate the Combined Treatment Plant; and (2) the cost of energy used to extract groundwater at CR‐3.  Southern California Edison (“SCE”) bills Rialto for CR‐3/CTP Energy Costs.  CR‐3/CTP Energy Costs shall be allocated annually using the following procedure:

1. As the service customer on the monthly invoices from SCE for CR‐3/CTP Energy Costs, Rialto shall pay those invoices, subject to reimbursement as set in Paragraph II, below.

2. To facilitate allocation of CR‐3/CTP Energy Costs, the County and Emhart shall annually request that SCE perform the following energy efficiency tests:
a. A test to determine the energy required to pump an acre foot of groundwater at CR‐3 to the 100,000‐gallon equalization tank at the Combined Treatment Plant which shall be reported as “EQ Tank kWh/AF”;
b. A test to determine the energy that Rialto would otherwise use, absent the Combined Remedies, to pump an acre foot of

Exhibit H
‐2‐
groundwater from the groundwater table to its municipal water supply system which shall be reported as “Rialto Baseline kWh/AF”.

To perform this test, groundwater shall be pumped from CR‐3 to the infiltration pond at the Combined Treatment Plant through conveyance piping which shall be partially closed to simulate the pressure conditions in adjacent pipelines in Rialto’s domestic water supply system.

3. Following the end of the Water Year, Rialto shall prepare the initial draft of Table H‐1 for each monthly invoice paid by Rialto.  Table H‐1 is used to allocate CR‐3/CTP Energy Costs on each monthly SCE invoice for reimbursement of Rialto by the County and Emhart in accordance with Paragraph IV.F.2.d of the Agreement.  Table H‐1 contains the following five data entry steps:

STEP 1: Enter the EQ Tank kWh/AF value determined under Paragraph 2.a, above.

STEP 2: Enter the Rialto Baseline kWh/AF value determined under Paragraph 2.b, above.

STEP 3: Enter the metered volume of water pumped from CR‐3 during the monthly billing period (“CR‐3 AF”).

STEP 4: Enter the energy use values from the monthly SCE invoice.

STEP 5: Based on the numbers entered in Steps 1 through 4, Table H‐1 automatically calculates the allocation of CR‐3/CTP Energy Costs for each monthly SCE invoice.

II.   Reconciliation of Paid and Projected Combined Remedies Energy Costs (Table H‐2)

1. In conjunction with the annual preparation of Table H‐1, Rialto shall collect and input the data necessary to complete Table H‐2.  Table H‐2 is used to reconcile the previous Water Year’s payments for  energy costs associated with operation and maintenance of the Combined Remedies, on an annual basis and set the projected quarterly payments for the next Water Year, as follows:

Exhibit H
‐3‐
STEP 1: Input monthly water production for each well.

STEP 2: Input monthly delivery of water to Rialto and Colton.

STEP 3: Table H‐2 automatically calculates the annualized allocation of CR‐3/CTP Energy Costs among the Parties based on the data in Table H‐1.

STEP 4: Input percent of pumping at CR‐3, Miro‐2 and Miro‐3 pumped for compliance with the Work Consent Decree and delivery to Colton (to be supplied by County/Emhart).

STEP 5: Input Colton’s Baseline Lifting Cost ($/AF) as determined pursuant to Exhibit G; Actual Miro‐2 and Miro‐3 Lifting Costs ($/AF) as provided by County; and Actual EW‐1 Lifting Cost ($/AF) as provided by Emhart.

STEP 6: Input allocation between Emhart and County of Regional Board Remedy Driven Incremental Lifting Costs (CR‐3)1 as provided by County and Emhart.

STEP 7: Input Quarterly Payments made for past Water Year (i.e. the year for which energy costs are being reconciled).  In the first Water Year, or any portion thereof, during which the
Combined Remedies operate, the Parties shall use available information to estimate the projected quarterly payments.

2. Rialto shall circulate the draft Tables H‐1 and H‐2 to Emhart, County and Colton, along with the monthly energy bills used to generate the tables, for review by the Parties at the next monthly meeting.

3. The Parties shall meet and confer at the monthly meeting following distribution of the draft Tables H‐1 and H‐2, and review the documents.

Once Tables H‐1 and H‐2 are finalized and agreed to by the Parties , Rialto shall circulate the approved tables to the Parties, and each Party shall use

1 Regional Board Remedy Driven Incremental Lifting Costs (CR‐3) represent the incremental costs that SCE bills Rialto for energy used to extract groundwater at CR‐3 for the County to meet the remedial action objectives of the Regional Board Order. Emhart and the County allocate such costs between them pursuant to the County/Emhart Implementation Agreement.

Exhibit H
‐4‐
the tables to invoice other Parties for net amounts estimated to be paid during the next Water Year in quarterly payments, as set forth in Table H‐2, with the first payment reflecting a “true‐up” credit or debit for the prior year per Exhibit H‐2.

4. Payments shall be made quarterly on November 1, February 1, May 1, and August 1, or 60 days from receipt of an invoice for the amount due, whichever is later.

Table H‐1
‐1‐
Table H‐1
Allocation of CR‐3/CTP Energy Costs
(Example)

STEP 1 Enter EQ Tank kWh/AF based on SCE
testing 878 This value changes annually based on SCE testing Annual Input
STEP 2 Enter Rialto Baseline kWh/AF 945 This value changes annually based on SCE testing Annual Input
STEP 3 Enter CR‐3 AF 89.8
Monthly Input
STEP 4 Enter energy use from monthly SCE bill Changes monthly based on SCE bill kWh
Energy delivery
charges Generation Charges Notes
Charges Based on kWh
Delivery
On peak 8,945 $0.02188 $0.09335
Off peak 46,761 $0.02188 $0.06078
Super Off Peak 18,452 $0.02188 $0.01768
Off peak 39,827 $0.02188 $0.06085
Super Off Peak 13,812 $0.02188 $0.02812
Total 127,797
DWR Bond $0.00513 Based on SCE metered total kWh
Customer Charge 193.26 $
Power factor Adj 73.44 $
Taxes 0.0003 $              Based on SCE metered total kWh Energery Credit (0.00037) $          Based on SCE metered total kWh Charges Based on kW
kW
Facilities Demand 259 7.86 $                  kW Based on SCE monthly metering On Peak 258 27.31 $
Ratio of peak days to billing cycle days 0.5625
From SCE invoice showing count of peak
demand days
STEP 5
Rialto Baseline energy use 84,861
Rialto Baseline energy use as percentage
of total Metered Energy (Rialto %) 66.4%
kWh for CR‐3 pumping (to EQ Tank) 78,844
CR‐3 pumping as percentage of total
Metered Energy 61.7%
CTP operation as percentage of total
Metered Energy (CTP %) 38.3%
Rialto Baseline kWh/AF (from Step 2) X CR‐3 AF (from Step 3) Table H‐1
(Example)
Based on SCE August 14 ‐ September 1, 2014 Bill to Rialto This value changes monthly based on CR‐3 metered water flow measurements Spreadsheet Calculation of Rialto Baseline energy use as percentage of total metered energy for billling period Allocation of CR‐3/CTP Energy Costs
Rialto Baseline energy use/Total kWh for billing period (from Step 4) Spreadsheet Calculation of relative energy use by CR‐3 pumping and CTP operation EQ Tank kWh/AF (from Step 1) X CR‐3 AF (from Step 3)
kWh for CR‐3 pumping/Total kWh for billing period (from Step 4) 1 minus CR‐3 pumping percentage

EXAMPLE

Allocation
CTP% (see step 5)Rialto% (see step 5)Balance (may be negative)CTP% (see step 5)Zero percentBalance of Peak kWh usage chargesCTP% (see step 5)Balance Principles for allocation of CR‐3/CTP Energy Costs (non‐peak, peak and kW‐based charges) Non‐peak kWh Usage Charges (excludes charges above mid‐peak rate) Principle Notes
County/Emhart are responsible for the non‐peak kWh attributable to the CTP CTP% is percent of electricity used by CTP in that month (as a share of total kWh)
The formulas in this Table H‐1 are based on the following principles. To the extent that these principles conflict with the provisions of Paragraph IV.F.2.d of the Agreement, the langage of the Agreement shall control.

Charges Based on kW of equipment onsite (size of equipment at site) County/Emhart are responsible for electrical delivery charges for the electrical equipment associated with the CTP
Percent of power used by CTP is a proxy for delivery charges Rialto is responsible for electrical delivery charges for the CR3 pump The amount of charges based on kW of equipment onsite remaining to be paid once CTP% is paidPeak charges remaining after CTP% is paid represent peak charges of liftingwater at CR3 Rialto is responsible for the kWh attributable to lifting CR3 Water (using the non‐peak rates) to pipeline pressure
Represents percent of electricity used that month (as a share of the total kWh) to lift water to the surface at CR3 to pipeline pressure County/Emhart are responsible for incremental lifting costs at CR3 at non‐peak rates (which due to pumping into a reservoir rather than to pipeline pressure should be a credit) The amount of non‐peak kWh charges remaining to be paid once CTP% and Rialto% are paid (non‐peak charges)
Peak kWh Usage Charges (charges above mid‐peak rates)
County/Emhart are responsbile for the peak kWh (above mid‐peak rates) attributable to the CTP
CTP% is percent of electricity used by CTP in that month (as a share of total kWh)
Rialto not responsible for costs above mid‐peak
County/Emhart responsible for incremental lifting costs at CR3 (due to charges above mid‐ peak)

EXAMPLE

CTP Operation (based on reservior test)
(County/Emhart pay)
Baseline Lifting Costs
(based on pipeline
pressure test) (Rialto
pays)
Incremental Lifting
Costs
(County/Emhart pay)
Notes
Source DELIVERY CHARGES kW Rate Charge 38.3% 66%
Does not add to 100%
becauase pumping to
reservoir is more efficient
SCE Bill Facilites rel Demand 259 $7.86 $2,035.74 $779.79 $1,255.95 $0.00 Allocate to treatment plant and Rialto only kWh Rate
SCE Bill On Peak 8945 $0.02188 $195.72 $74.97 $129.96 ‐$9.21 Standard Split SCE Bill Mid Peak 46761 $0.02188 $1,023.13 $391.91 $679.39 ‐$48.17 Standard SplitSCE Bill Off Peak 18452 $0.02188 $403.73 $154.65 $268.09 ‐$19.01 Standard SplitSCE Bill On Peak 39827 $0.02188 $871.41 $333.80 $578.65 ‐$41.03 Standard SplitSCE Bill Mid Peak 13812 $0.02188 $302.21 $115.76 $200.67 ‐$14.23 Standard SplitSCE Bill DWR BOND 127797 $0.00513 $655.60 $251.13 $435.34 ‐$30.87 Standard SplitSCE Bill Customer Charge $193.26 $193.26 $74.03 $128.33 ‐$9.10 Standard SplitSCE Bill Power factor Adj $73.44 $73.44 $28.13 $48.77 ‐$3.46 Standard Split

GENERATION CHARGES
SERVICE DEMAND kW Rate
SCE Bill On Peak 258 $27.31 $3,963.36 $1,518.17 $0 $2,445.20 No peak charges to Rialto ENERGY DEMAND CHARGES kWh Rate
SCE Bill Peak kWh at peak rate (from SCE bill) 8,945 $0.09335 $835.02 Calculation Peak kWh at mid‐peak rate (breakdown of SCE Bill Value) 8,945 $0.06078 $543.68 $208.26 $361.02 ‐$25.60 Standard SplitCalculation Peak costs chageable to remedy (both CR‐3 lifting and treatment plant) 8,945 $0.03257 $291.34 $111.60 $0.00 $179.74 Allocate to combined remedy ‐‐ none to Rialto SCE Bill Off Peak 46,761 $0.06078 $2,842.13 $1,088.68 $1,887.26 ‐$133.81 Standard SplitSCE Bill Super Off Peak 18,452 $0.01768 $326.23 $124.96 $216.63 ‐$15.36 Standard SplitSCE Bill Off Peak 39,827 $0.06085 $2,423.47 $928.31 $1,609.26 ‐$114.10 Standard SplitSCE Bill Super Off Peak 13,812 $0.02812 $388.39 $148.77 $257.90 ‐$18.29 Standard Split OTHER kWh Rate
SCE Bill Taxes 127797 $0.00029 $37.06 $14.20 $24.61 ‐$1.74 Standard Split SCE Bill Energy Credit 127797 ‐$0.00037 ‐$47.28 ‐$18.11 ‐$31.40 $2.23 Standard Split $16,522.62 $6,328.99 $8,050.42 $2,143.22
100% 38.3% 48.7% 13.0%
SPREADSHEET ALLOCATION OF CR‐3/CTP Energy Costs
CR‐3/CTP Energy Costs (populate automatically from Step 4 above) TOTAL

EXAMPLE

Table H‐1
‐1‐
Table H‐1
Allocation of CR‐3/CTP Energy Costs
(Excel Spreadsheet Formulas)

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
34 35
36 37
38 39
40 41
42 43
44 A B CD E F G
STEP 1 Enter EQ Tank kWh/AF based on SCE
testing This value changes annually based on SCE testing Annual Input
STEP 2 Enter Rialto Baseline kWh/AF This value changes annually based on SCE testing Annual Input
STEP 3 Enter CR‐3 AF
Monthly Input
STEP 4 Enter energy use from monthly SCE bill Changes monthly based on SCE bill kWh
Energy delivery
charges Generation Charges Notes
Charges Based on kWh
Delivery
On peak
Off peak
Super Off Peak
Off peak
Super Off Peak
Total =SUM(C15:C19)
DWR Bond Based on SCE metered total kWh
Customer Charge
Power factor Adj
Taxes Based on SCE metered total kWh
Energery Credit Based on SCE metered total kWh
Charges Based on kW
kW
Facilities Demand kW Based on SCE monthly metering
On Peak
Ratio of peak days to billing cycle days
From SCE invoice showing count of peak
demand days
STEP 5
Rialto Baseline energy use =C7*C9
Rialto Baseline energy use as percentage
of total Metered Energy (Rialto %) =C37/C20
kWh for CR‐3 pumping (to EQ Tank) =C5*C9
CR‐3 pumping as percentage of total
Metered Energy =C41/C20
CTP operation as percentage of total
Metered Energy (CTP %) =1‐C42
Rialto Baseline energy use/Total kWh for billing period (from Step 4) Spreadsheet Calculation of relative energy use by CR‐3 pumping and CTP operation EQ Tank kWh/AF (from Step 1) X CR‐3 AF (from Step 3)
kWh for CR‐3 pumping/Total kWh for billing period (from Step 4) 1 minus CR‐3 pumping percentage
Rialto Baseline kWh/AF (from Step 2) X CR‐3 AF (from Step 3) Table H‐1
(Excel Spreadshet Formulas)
Based on SCE August 14 ‐ September 1, 2014 Bill to Rialto This value changes monthly based on CR‐3 metered water flow measurements Spreadsheet Calculation of Rialto Baseline energy use as percentage of total metered energy for billling period Allocation of CR‐3/CTP Energy Costs

45 46474849505152535455565758596061

A B CD E F G H I
Allocation
CTP% (see step 5)Rialto% (see step 5)Balance (may be negative)CTP% (see step 5)Zero percentBalance of Peak kWh usage chargesCTP% (see step 5)Balance Peak charges remaining after CTP% is paid represent peak charges of liftingwater at CR3 Rialto is responsible for the kWh attributable to lifting CR3 Water (using the non‐peak rates) to pipeline pressure
Represents percent of electricity used that month (as a share of the total kWh) to lift water to the surface at CR3 to pipeline pressure County/Emhart are responsible for incremental lifting costs at CR3 at non‐peak rates (which due to pumping into a reservoir rather than to pipeline pressure should be a credit) The amount of non‐peak kWh charges remaining to be paid once CTP% and Rialto% are paid (non‐peak charges)
Peak kWh Usage Charges (charges above mid‐peak rates)
County/Emhart are responsbile for the peak kWh (above mid‐peak rates) attributable to the CTP CTP% is percent of electricity used by CTP in that month (as a share of total kWh)
Rialto not responsible for costs above mid‐peak
County/Emhart responsible for incremental lifting costs at CR3 (due to charges above mid‐peak) Charges Based on kW of equipment onsite (size of equipment at site) County/Emhart are responsible for electrical delivery charges for the electrical equipment associated with the CTP
Percent of power used by CTP is a proxy for delivery charges Rialto is responsible for electrical delivery charges for the CR3 pump The amount of charges based on kW of equipment onsite remaining to be paid once CTP% is paid
Principles for allocation of CR‐3/CTP Energy Costs (non‐peak, peak and kW‐based charges) Non‐peak kWh Usage Charges (excludes charges above mid‐peak rate) Principle Notes
County/Emhart are responsible for the non‐peak kWh attributable to the CTP CTP% is percent of electricity used by CTP in that month (as a share of total kWh)
The formulas in this Table H‐1 are based on the following principles. To the extent that these principles conflict with the provisions of Paragraph IV.F.2.d of the Agreement, the langage of the Agreement shall control.

62 6364656667686970717273747576778182838485868788899091929394

A B CD E F G H I
CTP Operation (based on reservior test)
(County/Emhart pay)
Baseline Lifting Costs
(based on pipeline
pressure test) (Rialto
pays)
Incremental Lifting
Costs
(County/Emhart pay)
Notes
Source DELIVERY CHARGES kW Rate Charge =C43 =C38
Does not add to 100%
becauase pumping to
reservoir is more efficient
SCE Bill Facilites rel Demand =C28 =D28 =D64*C64 =E64*F63 =E64‐F64 =E64‐(F64+G64) Allocate to treatment plant and Rialto only kWh Rate
SCE Bill On Peak =C15 =D15 =D66*C66 =E66*F$63 =E66*G$63 =E66‐G66‐F66 Standard Split SCE Bill Mid Peak =C16 =D16 =D67*C67 =E67*F$63 =E67*G$63 =E67‐G67‐F67 Standard SplitSCE Bill Off Peak =C17 =D17 =D68*C68 =E68*F$63 =E68*G$63 =E68‐G68‐F68 Standard SplitSCE Bill On Peak =C18 =D18 =D69*C69 =E69*F$63 =E69*G$63 =E69‐G69‐F69 Standard SplitSCE Bill Mid Peak =C19 =D19 =D70*C70 =E70*F$63 =E70*G$63 =E70‐G70‐F70 Standard SplitSCE Bill DWR BOND =C20 =$D$21 =D71*C71 =E71*F$63 =E71*G$63 =E71‐G71‐F71 Standard SplitSCE Bill Customer Charge =$D$22 =D72 =E72*F$63 =E72*G$63 =E72‐G72‐F72 Standard SplitSCE Bill Power factor Adj =$D$23 =D73 =E73*F$63 =E73*G$63 =E73‐G73‐F73 Standard Split

GENERATION CHARGES
SERVICE DEMAND kW Rate
SCE Bill On Peak =C29 =D29 =D76*C76*(D33) =E76*F$63 $0 =E76‐F76 No peak charges to Rialto ENERGY DEMAND CHARGES kWh Rate
SCE Bill Peak kWh at peak rate (from SCE bill) =C15 =E15 =D81*C81 Calculation Peak kWh at mid‐peak rate (breakdown of SCE Bill Value) =C15 =E16 =D82*C82 =E82*F$63 =E82*G$63 =E82‐G82‐F82 Standard SplitCalculation Peak costs chageable to remedy (both CR‐3 lifting and treatment plant) =C82 =D81‐D82 =D83*C83 =E83*F$63 $0.00 =E83‐F83 Allocate to combined remedy ‐‐ none to Rialto SCE Bill Off Peak =C16 =E16 =C84*D84 =E84*F$63 =E84*G$63 =E84‐G84‐F84 Standard SplitSCE Bill Super Off Peak =C17 =E17 =C85*D85 =E85*F$63 =E85*G$63 =E85‐G85‐F85 Standard SplitSCE Bill Off Peak =C18 =E18 =C86*D86 =E86*F$63 =E86*G$63 =E86‐G86‐F86 Standard SplitSCE Bill Super Off Peak =C19 =E19 =C87*D87 =E87*F$63 =E87*G$63 =E87‐G87‐F87 Standard Split OTHER kWh Rate
SCE Bill Taxes =C20 =D24 =C90*D90 =E90*F$63 =E90*G$63 =E90‐G90‐F90 Standard Split SCE Bill Energy Credit =C20 =D25 =C91*D91 =E91*F$63 =E91*G$63 =E91‐G91‐F91 Standard Split =SUM(E64:E90)‐
E81+E91 =SUM(F64:F91) =SUM(G64:G91) =SUM(H64:H91)
=E92/$E92 =F92/E92 =G92/E92 =H92/E92
SPREADSHEET ALLOCATION OF CR‐3/CTP Energy Costs
CR‐3/CTP Energy Costs (populate automatically from Step 4 above) TOTAL

Table H‐2
‐1‐
Table H‐2
Reconciliation of Paid and Projected Combined Remedies Energy Costs (Example)

EXAMPLE
Step 1: Input monthly water production (acre feet) for each well (from Operator/Rialto water flow meter readings) Production Well October November December January February March April May June July August September Total (AF) $ Per AF Total Cost of
Pumping
Water (by
well)
Source of $
per AF value Initial Payee
CR‐3 102 102 102 102 102 101 101 100 100 100 100 100 1212 $101 $122,324 Exhibit H Rialto Miro 2 0 0 0 0 0 0 0 15 15 15 15 15 75 $105 $7,875 From County CountyMiro 3 0 0 0 0 0 0 0 100 100 100 100 100 500 $105 $52,500 From County County EW‐1 220 220 220 220 220 220 220 220 220 220 220 220 2640 $150 $396,000 From Emhart Emhart Total 322 322 322 322 322 321 321 435 435 435 435 435 4427 Step 2: Input monthly water delivery (acre feet) to Rialto and Colton (from Operator/Rialto water flow meter readings) October November December January February March April May June July August September Total (AF) Delivery to Rialto 56 56 56 56 56 55 55 240 240 240 240 240 1590 Delivery to Colton 266 266 266 266 266 266 266 195 195 195 195 195 2837 Total 322 322 322 322 322 321 321 435 435 435 435 435 4427 Blue Italic Text means that delivery to Cities does not match output from CTP Step 3: Monthly allocation of CR‐3 Lifting Costs and Combined Treatment Plant Energy Costs (from Exhibit H‐1 output) October November December January February March April May June July August September Total ($) Per AF Rialto base lifting costs
(CR‐3) $8,050 $8,050 $8,050 $8,050 $8,050 $8,050 $8,050 $8,050 $8,050 $8,050 $8,050 $8,050 $96,605 $80 Remedy‐driven
incremental lifting costs
(CR‐3)
$2,143 $2,143 $2,143 $2,143 $2,143 $2,143 $2,143 $2,143 $2,143 $2,143 $2,143 $2,143 $25,719 $21 CTP energy costs $6,329 $6,329 $6,329 $6,329 $6,329 $6,329 $6,329 $6,329 $6,329 $6,329 $6,329 $6,329 $75,948 $17 Red value for AF cost of Incremental CR‐3 means no CR‐3 lifting occurred so value should be entered manually.

Table H‐2
Reconciliation of Paid and Projected Combined Remedies Energy Costs (Example)

EXAMPLE
Step 4:  Input Pumping at County Wells Required By EPA Remedy Delivered to Colton (%) (based County/Emhart IA) CR‐3 0%
Miro‐2 0%
Miro‐3 0%
Step 5:  Input Lifing Costs ($/AF)
Colton's Baseline Lifting
Cost $125
Exhibit G
(should not
change too
often)
This is made
up for this
example.

Rialto's Baseline Lifting
Cost (CR‐3) $80 Calculated in
Step 3
This is made
up for this
example.

Actual Miro‐2 Lifting
Cost $105
Actual Miro‐3 Lifting
Cost $105
Actual EW‐1 Lifting Cost $150
Emhart to
provide
annual
averages
This is made
up for this
example.

Step 6:  Input allocation of Regional Board Remedy‐Driven Icremental Lifting Costs (CR‐3) (from County/Emhart IA) County Share of
Regional Board Remedy
CR‐3 Pumping
80%
Emhart Share of
Regional Board Remedy
CR‐3 Pumping
20%
Not important
unless Emhart
is using part
of Miro wells
for its
remedy.

County to
provide
annual
averages.

Lifting Cost Notes

EXAMPLE
EW1 (AF) CR‐3 (AF) Miro 2 (AF) Miro 3 (AF) Total (AF) For Colton (AF) Percent to Colton For Rialto (AF) Percent to Rialto Pumping for Emhart
Remedy 2640 0 0 0 2640 2640 100% 0 0%
Pumping for County
Remedy 0 1212 75 500 1787 197 11% 1590 89%
Total 2640 1212 75 500 4427 2837 64% 1590 36%
Description Cash flow AF Base Cost Total Cost To Rialto To County To Emhart to Colton Total Emhart Remedy
Pumping (delivered to
Colton)
Colton pays
Emhart 2640 $125 $330,000 $330,000 ($330,000)
Total County Remedy
Pumping that was
Delivered to Colton
Colton pays
County 197 $125 $24,625 $24,625 ($24,625)
County Remedy
Pumping at CR‐3 that
was Delivered to Colton
County pays
Rialto 134 $80 $10,650 $10,650 ($10,650)
Emhart Remedy
Pumping at CR‐3 that
was delievered to Colton
Emhart pays
Rialto 0 $101 $0 $0 $0
County Remedy
Pumping at Miro 2 and
Miro 3 that was
delivered to Rialto
Rialto Pays
County 512 $80 $40,779 ($40,779) $40,779
County share of
Regional Board Remedy‐
driven Incremental
Lifting Costs (CR‐3)
County pays
Rialto 1212 $17 $20,575 $20,575 ($20,575)
Emhart Share of
Regional Boad Remedy‐
driven Incremental
Lifting Costs (CR‐3)
Emhart pays
Rialto 1212 $4 $5,144 $5,144 ($5,144)
Emhart Remedy
Pumping at Miro 2 and
Miro 3 (delivered to
Colton)
Emhart to
County 0 $105 $0 $0 $0
TABLE 1: ANNUALIZED WATER ALLOCATION
TABLE 2: CALCULATION OF LIFTING COST ALLOCATION (excludes electrical from Treatment Plant, addressed separately below)
Colton gets from County the delta between water delivered Colton minuswhat Emhart pumped that water year. Rialto gets all water not delivered toColton.

Notes
Colton gets all water pumped for Emhart remedy on an annual basis 80% of Remedy‐driven
incremental (per
County/Emhart Agreement;
Exhibit H)
20% of Remedy‐driven
incremental (per
County/Emhart Agreement;
Exhibit H)
Actual lifting costs at Miro
2/3 (County to provide if
needed)
From Exhibit H ‐‐ Rialto Base
CR‐3 Lifting Costs (annual
average)
Cost note
Colton Base Lifting Costs

EXAMPLE
Percent
Annual
Amount
Notes To Rialto County Share Emhart Share
County Share of CTP
Energy Costs 35% $26,499
Per County Emhart
Allocation Agreement
(County share is 80%
of CR‐3 flow+ 100% of
Miro 2 and Miro 3)
(first 2 years)
Remedy‐drive
Incremental
lifting at CR‐3
$25,719 $20,575 $5,144
Emhart Share of CTP
Energy Costs 65% $49,449
Per County Emhart
Allocation Agreement
(Emhart share is 20%
of CR‐3 flow plus 100%
of EW1 Share)(first 2
years)
CTP energy
costs $75,948 $26,499 $49,449
Total $75,948 Total $101,666 $47,073 $54,593
To Rialto To Emhart To County
County Owes $57,723 NA NA
Colton Owes NA $330,000 $24,625
Rialto Owes NA NA $40,779
Emhart Owes $54,593 NA $0
TABLE 3:  ALLOCATION OF TREATMENT PLANT ELECTRICAL
COSTS
County pays to Rialto its share of CTP Energy, its share of remedy‐driven incremental at CR‐3, and for CR‐3 water delivered  to Colton
Colton pays its base lifting costs * AF of water received (to Emhart or County) Rialto pays its lifting costs for water it receives from Miro 2 and Miro 3 TABLE 5:  END OF YEAR WATER SUMMARY  (Annual Total Based on Water and Treatment Plant Use) Notes
Emhart pays to Rialto, its share of CTP Energy, its share of remedy‐driven incremental at CR‐3, its share of CR‐3 pumped for Emhart remedy; Emhart pays to County for Miro 2 and Miro 3 water Emhart delivers to Colton (if any)
TABLE 4:  COMBINED REMEDY SHARE OF
ELECTRICAL AT CR‐3 METER (CR‐3

INCREMENTAL PLUS CTP)

EXAMPLE
Step 7: Annual Energy Cost Reconciliation
First Quarter
Second
Quarter
Third Quarter Fourth Quarter
Total Previous
Water Year
Payments
Actual Allocated Cost Balance Due
Estimated
Quarterly
Payments for Next
Water Year
County to Rialto $9,500 $9,500 $9,500 $9,500 $38,000 $16,944 ($21,056) $4,236 Colton to Emhart $84,200 $84,200 $84,200 $84,200 $336,800 $330,000 ($6,800) $82,500 Colton to County $4,200 $4,200 $4,200 $4,200 $16,800 $24,625 $7,825 $6,156 Emhart to Rialto $29,000 $29,000 $29,000 $29,000 $116,000 $54,593 ($61,407) $13,648 Emhart to County $0 $0 $0 $0 $0 $0 $0 $0
Explanatory Notes
Use this Column to
determine Annual
Payments for next Water
Year
Negative value means
payee writes
a check to
payor. Can handle as
credit on first quarterly
payment
Current Year
Actual divided by
4 Previous Water Year Payments Reconciliation and Estimated Next Water Year Payments

Table H‐2
‐1‐
Table H‐2
Reconciliation of Paid and Projected Combined Remedies Energy Costs (Excel Spreadsheet Formulas)

1 23456789
10111213141516171819202122232425

A B C D E F G H I J K L M N OPQR
Step 1: Input monthly water production (acre feet) for each well (from Operator/Rialto water flow meter readings) Production Well October November December January February March April May June July August September Total (AF) $ Per AF Total Cost of
Pumping
Water (by
well)
Source of $
per AF value Initial Payee
CR‐3 =SUM(B7:M7) =O23+O22 =O7*N7 Exhibit H Rialto
Miro 2 =SUM(B8:M8) =B35 =O8*N8 From County CountyMiro 3 =SUM(B9:M9) =B36 =O9*N9 From County County EW‐1 =SUM(B10:M10) =B37 =O10*N10 From Emhart Emhart
Total =SUM(B7:B10) =SUM(C7:C10) =SUM(D7:D10) =SUM(E7:E10) =SUM(F7:F10) =SUM(G7:G10) =SUM(H7:H10) =SUM(I7:I10) =SUM(J7:J10) =SUM(K7:K10) =SUM(L7:L10) =SUM(M7:M10) =SUM(N7:N10) October November December January February March April May June July August September Total (AF) Delivery to Rialto =SUM(B15:M15)
Delivery to Colton =SUM(B16:M16)
Total =SUM(B15:B16) =SUM(C15:C16) =SUM(D15:D16) =SUM(E15:E16) =SUM(F15:F16) =SUM(G15:G16) =SUM(H15:H16) =SUM(I15:I16) =SUM(J15:J16) =SUM(K15:K16) =SUM(L15:L16) =SUM(M15:M16) =SUM(N15:N16) Blue Italic Text means that delivery to Cities does not match output from CTP Step 3: Monthly allocation of CR‐3 Lifting Costs and Combined Treatment Plant Energy Costs (from Exhibit H‐1 output) October November December January February March April May June July August September Total ($) Per AF Rialto base lifting costs
(CR‐3)
='Table H‐1
OCT'!$G$92
='Table H‐1
NOV'!$G$92
='Table H‐1
DEC'!$G$92
='Table H‐1
JAN'!$G$92
='Table H‐1
FEB'!$G$92
='Table H‐1
MAR'!$G$92
='Table H‐1
APR'!$G$92
='Table H‐1
MAY'!$G$92
='Table H‐1
JUN'!$G$92
='Table H‐1
JUL'!$G$92
='Table H‐1
AUG'!$G$92
='Table H‐1
SEP'!$G$92 =SUM(B22:M22) =IF(N7'=0,O8, N22/N7)
Remedy‐driven
incremental lifting costs
(CR‐3)
='Table H‐1
OCT'!$H$92
='Table H‐1
NOV'!$H$92
='Table H‐1
DEC'!$H$92
='Table H‐1
JAN'!$H$92
='Table H‐1
FEB'!$H$92
='Table H‐1
MAR'!$H$92
='Table H‐1
APR'!$H$92
='Table H‐1
MAY'!$H$92
='Table H‐1
JUN'!$H$92
='Table H‐1
JUL'!$H$92
='Table H‐1
AUG'!$H$92
='Table H‐1
SEP'!$H$92 =SUM(B23:M23) =IF(N7'=0,0,N2 3/N7)
CTP energy costs ='Table H‐1 OCT'!$F$92 ='Table H‐1 NOV'!$F$92 ='Table H‐1 DEC'!$F$92 ='Table H‐1 JAN'!$F$92 ='Table H‐1 FEB'!$F$92 ='Table H‐1 MAR'!$F$92 ='Table H‐1 APR'!$F$92 ='Table H‐1 MAY'!$F$92 ='Table H‐1 JUN'!$F$92 ='Table H‐1 JUL'!$F$92 ='Table H‐1 AUG'!$F$92 ='Table H‐1 SEP'!$F$92 =SUM(B24:M24) =N24/N11 Red value for AF cost of Incremental CR‐3 means no CR‐3 lifting occurred so value should be entered manually.

Table H‐2
Reconciliation of Paid and Projected Combined Remedies Energy Costs (Excel Spreadsheet Formulas)
Step 2: Input monthly water delivery (acre feet) to Rialto and Colton (from Operator/Rialto water flow meter readings)

26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41

A B CD E FGH
Step 4:  Input Pumping at County Wells Required By EPA Remedy Delivered to Colton (%) (based County/Emhart IA) CR‐3
Miro‐2
Miro‐3
Step 5:  Input Lifing Costs ($/AF)
Colton's Baseline Lifting
Cost
Exhibit G (should
not change too
often)
This is made up for
this example.

Rialto's Baseline Lifting
Cost (CR‐3) =O22 Calculated in Step
3 This is made up for
this example.

Actual Miro‐2 Lifting Cost
Actual Miro‐3 Lifting Cost
Actual EW‐1 Lifting Cost Emhart to provide
annual averages
This is made up for
this example.

Step 6:  Input allocation of Regional Board Remedy‐Driven Icremental Lifting Costs (CR‐3) (from County/Emhart IA) County Share of Regional
Board Remedy CR‐3
Pumping
Emhart Share of Regional
Board Remedy CR‐3
Pumping
=1‐B40
Not important
unless Emhart is
using part of Miro
wells for its
remedy.

County to provide
annual averages.

Lifting Cost Notes

42 43444546474849505152535455565758

A B C D E F G H I J K L M NO
EW1 (AF) CR‐3 (AF) Miro 2 (AF) Miro 3 (AF) Total (AF) For Colton (AF) Percent to Colton For Rialto (AF) Percent to Rialto Pumping for Emhart
Remedy =N10 =N7*B27 =N8*B28 =N9*B29 =SUM(B44:E44) =F44 =G44/F44 0 =I44/H44 Pumping for County
Remedy 0 =N7‐C44 =N8‐D44 =N9‐E44 =SUM(B45:E45) =N16‐G44 =G45/F45 =F45‐G45 =I45/F45 Total =SUM(B44:B45) =SUM(C44:C45) =SUM(D44:D45) =SUM(E44:E45) =SUM(F44:F45) =SUM(G44:G45) =G46/F46 =SUM(I44:I45) =I46/F46 Description Cash flow AF Base Cost Total Cost To Rialto To County To Emhart to Colton Total Emhart Remedy
Pumping (delivered to
Colton)
Colton pays Emhart =F44 =$B$33 =D50*C50 =E50 =0‐E50
Total County Remedy
Pumping that was
Delivered to Colton
Colton pays County =G45 =$B$33 =D51*C51 =E51 =0‐E51
County Remedy Pumping
at CR‐3 that was
Delivered to Colton
County pays Rialto =C45*H45 =$O$22 =D52*C52 =E52 =0‐E52 Emhart Remedy
Pumping at CR‐3 that
was delievered to Colton
Emhart pays Rialto =C44 =$O$22+$O$23 =D53*C53 =E53 =0‐E53 County Remedy Pumping
at Miro 2 and Miro 3 that
was delivered to Rialto
Rialto Pays County =(D45+E45)*(1‐ H45) =$O$22 =D54*C54 =0‐E54 =E54 County share of Regional
Board Remedy‐driven
Incremental Lifting Costs
(CR‐3)
County pays Rialto =C45 =O23*B40 =D55*C55 =E55 =0‐E55
Emhart Share of Regional
Boad Remedy‐driven
Incremental Lifting Costs
(CR‐3)
Emhart pays Rialto =C45 =O23*B41 =D56*C56 =E56 =0‐E56
Emhart Remedy Pumping
at Miro 2 and Miro 3
(delivered to Colton)
Emhart to County =D44+E44 =B35 =D57*C57 =E57 =0‐E57
Colton gets all water pumped for Emhart remedy on an annual basis 80% of Remedy‐driven incremental
(per County/Emhart Agreement;
Exhibit H)
20% of Remedy‐driven incremental
(per County/Emhart Agreement;
Exhibit H)
Actual lifting costs at Miro 2/3
(County to provide if needed)
From Exhibit H ‐‐ Rialto Base CR‐3
Lifting Costs (annual average)
Cost note
Colton Base Lifting Costs
TABLE 1: ANNUALIZED WATER ALLOCATION
TABLE 2: CALCULATION OF LIFTING COST ALLOCATION (excludes electrical from Treatment Plant, addressed separately below) Colton gets from County the delta between water delivered Colton minus what Emhart pumpedthat water year. Rialto gets all water not delivered to Colton.

Notes

59 6061626364656667686970717273

A B C D E F G H I J K L M NO
Percent Annual Amount Notes To Rialto County Share Emhart Share County Share of CTP
Energy Costs
=(B40*C45+D45+E4
5)/F46 =B61*N$24
Per County Emhart
Allocation
Agreement
(County share is
80% of CR‐3 flow+
100% of Miro 2
and Miro 3) (first 2
years)
Remedy‐drive
Incremental lifting
at CR‐3
=SUM(N23) =H61*B40 =H61*B41
Emhart Share of CTP
Energy Costs
=1‐B61 =B62*N$24
Per County Emhart
Allocation
Agreement
(Emhart share is
20% of CR‐3 flow
plus 100% of EW1
Share)(first 2
years)
CTP energy costs =C63 =C61 =C62
Total =SUM(C61:C62) Total =SUM(H61:H62) =SUM(I61:I62) =SUM(J61:J62) To Rialto To Emhart To County
County Owes =H52+H55+C61 NA NA
Colton Owes NA =J50 =I51
Rialto Owes NA NA =I54
Emhart Owes =C62+H56+H53 NA =I57
County pays to Rialto its share of CTP Energy, its share of remedy‐driven incremental at CR‐3, and for CR‐3 water delivered to ColtonColton pays its base lifting costs * AF of water received (to Emhart or County)Rialto pays its lifting costs for water it receives from Miro 2 and Miro 3 TABLE 5: END OF YEAR WATER SUMMARY (Annual Total Based on Water and Treatment Plant Use) Notes
Emhart pays to Rialto, its share of CTP Energy, its share of remedy‐driven incremental at CR‐3, its share of CR‐3pumped for Emhart remedy; Emhart pays to County for Miro 2 and Miro 3 water Emhart delivers to Colton (if any) TABLE 4: COMBINED REMEDY SHARE OF ELECTRICAL AT
CR‐3 METER (CR‐3 INCREMENTAL PLUS CTP) TABLE 3: ALLOCATION OF TREATMENT PLANT ELECTRICAL COSTS

74 7576777879808182

A B CD E F G H I
Step 7: Annual Energy Cost Reconciliation
First Quarter Second Quarter Third Quarter Fourth Quarter Total Previous Water Year Payments Actual Allocated Cost Balance Due Estimated Quarterly Payments for Next Water Year County to Rialto =SUM(B77:E77) =B69‐D71 =G77‐F77 =G77/4 Colton to Emhart =SUM(B78:E78) =J50 =G78‐F78 =G78/4
Colton to County =SUM(B79:E79) =I51 =G79‐F79 =G79/4
Emhart to Rialto =SUM(B80:E80) =B72 =G80‐F80 =G80/4
Emhart to County =SUM(B81:E81) =D72 =G81‐F81 =G81/4
Explanatory Notes
Use this Column to
determine Annual
Payments for next Water
Year
Negative value means
payee writes a check to
payor. Can handle as
credit on first quarterly
payment
Current Year Actual
divided by 4
Previous Water Year Payments Reconciliation and Estimated Next Water Year Payments

Exhibit I
‐1‐
Exhibit I
Water Management Plan
(Example)

EXAMPLE
Step 1: Input Planned Combined Remedies Output
Winter Months (gpm) (AF)
October 1635 220 800 108 2435 328November 1635 220 800 108 2435 328December 1635 220 800 108 2435 328January 1635 220 800 108 2435 328February 1635 220 800 108 2435 328March 1635 220 800 108 2435 328April 1635 220 800 108 2435 328Summer Months May 1635 220 1540 207 3175 427June 1635 220 1540 207 3175 427July 1635 220 1540 207 3175 427August 1635 220 1540 207 3175 427September 1635 220 1530 206 3165 426Annual Total 2639 1788 4427 Annual Average 1635 220 1108 149 2743 369
Red Box means that
treatment plantproduction exceedsability to deliver waterto Colton Red Box meansthat treatmentplant productionexceeds availablewater rights Notes
1 Emhart pumping not to exceed "Current Rights Available to Emhart" identified below.2 Emhart pumping may in the future include a portion of other extraction wells, such as Rialto-3. In that instance, table can be modified as appropriate.3 County pumping not to exceed "Current Rights Available to County" identified below.4 County pumping may in the future include other wells. In that instance, table can be modified as appropriate.5 1 gpm = 0.134506281 Acre Feet per Month Miro‐3 (gpm) County Total (AF)
EXHIBIT I ‐ COMBINED REMEDIES ANNUAL WATER MANAGEMENT PLAN

PLANNED COMBINED REMEDIES OUTPUT
Month
Emhart Pumping1 2 County Pumping2 3
EW‐1 (gpm) Possible EW‐2 (gpm) Emhart Total (AF)3 RIALTO‐3 (gpm) Combined Remedies Total
Miro‐2 (gpm)

Step 2: Input Available Water Rights
City Rights per 1961
Decree
Current Required
% Reduction per
1961 Decree
(cannot be
greater than 50%)
Current Rights
Per 1961 Decree
(AF)
Rialto Rights
Unavailable to
Rialto due to
Standby
Agreement
Current Rights
Available to
Emhart (AF)
[Accounting for
200 AF
agreement
between Colton
and County]
Current Rights
Available to County
(AF)
Combined Remedy
Rights Available for
Treatment Plant
(AF)
Rialto 4366 27% 3187 1600 0 1587 1587
Colton 3900 27% 2847 NA 2647 200 2847
Total 8266 6034 2647 1787 4434
Step 3:  Input Colton Monthly Minimum Needs and Maximum Capacity to Accept Water from the Combined Remedies Month Minimum Water
Needs
Maximum
Capacity of
Colton to Accept
Water
October 115 300
November 115 300
December 115 300
January 115 300
February 115 300
March 115 300
April 115 300
May 196 400
June 196 400
July 196 400
August 196 400
September 196 400
TOTAL* 1785
* Not to exceed Colton Water Rights
Step 4: Input Monthly Maximum Operational Flow Rate for Delivery of Water to Rialto and Colton Maximum
Operational Flow
Rate (gpm)
Maximum
Volume of Water
Deliverable to
Colton (AF)
Octboer 2040 274 274
November 2040 274 274
December 2040 274 274
January 2040 274 274
February 2040 274 274
March 2040 274 274
April 2040 274 274
May 2040 274 274
June 2040 274 274
July 2040 274 274
August 2040 274 274
September 2040 274 274
Total 2040 3293
* Lesser of Maximum Capacity of Colton to Accept Water (Step 3, Column C) and Maximum Volume of Water Deliverable to Colton (Step 4, Column C) (gpm) (AF)
4000 538
Upper Limit for Delivery of Water to
Colton* (AF)
Text is red if value
exceeds water
delivery capacity
to Colton
Box is red if minimum water needs exceed Colton Water Rights Maximum Water Deliverable to
Rialto Per Month (AF)

AVAILABLE RIALTO AND COLTON WATER RIGHTS (AF)
Text is red if
maximum volume
of water
deliverable to
Colton is less than
Colton minimum
water needs

COLTON WATER BUDGET (AF)

Step 5:  Input Rialto Month‐by‐Month Minimum Needs
Month Minimum Water
Needs (AF)
October 75
November 75
December 75
January 75
February 75
March 75
April 75
May 200
June 200
July 200
August 200
September 200
Total* 1525
Colton Water
Rights
Minimum
Summer Needs
(sum of minimum
for each summer
month)
Water Rights
Available in
Winter Months
(rights minus
summer minimum
needs)
2847 980 1867
What County
Pumped
Annual Delivery
Capacity Available
to County for
Initial 200 AF
Rialto Water
Rights
Amount Rialto can
Pump from other
wells (before any
adjustments)
Water County
Pumps for Colton
Above 200 AF (per
Water Year)
1788 200 1587 0 0
* Purple Box indicates value exceeds capacity tp deliver water to Colton What Emhart
Pumped (all for
Colton) (AF per
water year)
What County
Pumped for
Colton (AF per
water year)
Total to Colton
(AF per water
year)
Total Water to
Colton in Summer
Months (AF)
Monthly Total to
Colton in Summer
Months (AF per
month)
(assuming Rialto
rights utilized as
much as possible
for County
Remedy)
Maximum
Potential Water to
Colton in Summer
(assuming Colton
uses all its water
rights available
after subtracting
winter use)
2639 200 2839 1072 214 216
(From production
values above)
(From table
above)
(Emhart delivery
plus County
delivery)
(Annual total AF
to Colton minus
water to Colton in
winter)
If cell is green,
delivery to Colton
will be limited by
delivery capacity
Used to calculate
potential shift of
water to Colton in
summer to meet
minimum Colton
needs (which in
turn allows Rialto
to produce more
from its other
wells). Green
indicates
potential delivery
limited by
delivery capacity
to Colton.
267
Calculation of Water Pumped for Colton for County Remedy Calculation of Water to Colton in the Summer Months

RIALTO WATER BUDGET
* Not to exceed Rialto Water Rights
Calculation of Maximum Monthly Delivery to Colton in Winter (to ensure Colton can receive its minimum needs in the summer)
Box is red if minimum water needs exceed Rialto Water Rights Step 6:  Parties meet and confer to determine if they can agree upon maximum prioritized delivery of water to Colton in winter months (Table 1) or must revert to default water delivery schedule (Table 2)
For Table 1
Maximum Monthly Delivery to Colton
in Winter to Preserve Rights for
Summer (available winter rights/7)*

Month
Planned
Combined
Remedies Output
(AF)
Planned Delivery
to Rialto (AF)
Remaining Rialto
Water Rights (AF)
Planned Delivery
to Colton (AF)
Remaining Colton
Water Rights (AF)
Start (Total Water
Rights) 1587 2847
October 328 75 1512 253 2594
November 328 75 1437 253 2342
December 328 75 1362 253 2089
January 328 75 1287 253 1837
February 328 75 1212 253 1584
March 328 75 1137 253 1332
April 328 75 1062 253 1079
May 427 213 849 214 865
June 427 213 637 214 651
July 427 213 424 214 436
August 427 213 211 214 222
September 426 211 0 214 8
Total Water
Delivered 4427 1587 2839
Unused Water
Rights for Water
Year
08 Box is Red if CTP
produces more
than capacity to
deliver water to
Colton.

Red Box means
CTP output does
not match water
provided to Rialto
and Colton.  Blue
Box means
delivery is less
than minimum
monthly need.

Green Box means
that production
plus other water
rights meets
minimum
monthly needs in
summer.

Red Box means
delivery exceeds
water rights.

Red Box means
CTP output does
not match water
provided to Rialto
and Colton.  Blue
Box means
delivery is less
than minimum
monthly need.

Yellow text
means that
delivery to Colton
limited by
delivery capacity
to Colton.  Purple
text means some
CTP Output
shifted to Colton
from Rialto.

Red Box means
delivery exceeds
water rights
1 2
1 2
Table 1 ‐ Maximum Prioritized Delivery of Water to Colton in Winter Months If Planned Delivery to Colton (Column E) is
less than Colton's minimum water needs in a
given month, and Colton has additional
available water rights, the Parties may
manually increase the Planned Delivery to
Colton by inputting the amount of Colton
Water Rights to be preferentially used by the
County (per Paragraph VI. B. 2. a. ix.) (AF)
0 0
0 0
0 0
0 0
0 Rialto receives all water that is not delivered to Colton.  The Colton delivery calculation ensures that Rialto receives at least its minimum needs, provided that such volume does not exceed the volume of water pumped by the County in that month In each Summer Month:

Colton receives the lesser of (1) a value equal to 1/5th  of  the total to be pumped for Colton in that water year less the amount pumped in the winter months (2)   the monthly maximum capacity to deliver water to Colton and (3) Colton's maximum capacity to accept water If remaining water rights are less than zero, County/Emhart will need to evaluate changes to production rates or alternative sources of water. 0 0
0 Red Box Means Value Causes water to Colton
to exceed delivery capacity to Colton
Under the "Maximum Prioritized Delivery" schedule:

In each Winter Month:

Colton receives the lesser of (1)  a value equal to 1/7th of the Colton Water Rights minus the total summer minimum water needs  (2)the monthly treatment plant output  minus the lesser of (Rialto minimum monthly needs and the amount pumped for the County Rialto receives all water that is not delivered to Colton. 0

EXAMPLE
Month
Planned
Combined
Remedies Output
(AF)
Colton 200 AF
Pumped for
County Remedy
Delivered to
Colton (AF)
Planned Delivery
to Rialto (AF)
Remaining Rialto
Water Rights (AF)
Planned Delivery
to Colton (AF) for
Emhart
Planned Delivery to
Colton (AF) for
Combined Remedy
Remaining Colton
Water Rights (AF)
Surplus Available to
County to Pump for
Colton (AF)
Start (Total Water
Rights) 1587 2847
October 328 28.6 79 1508 220 248 2599
November 328 28.6 79 1429 220 248 2350
December 328 28.6 79 1350 220 248 2102
January 328 28.6 79 1271 220 248 1853
February 328 28.6 79 1192 220 248 1605
March 328 28.6 79 1113 220 248 1356
April 328 28.6 79 1034 220 248 1108
May 427 0 207 827 220 220 888
June 427 0 207 620 220 220 668 8
July 427 0 207 413 220 220 448 8
August 427 0 207 205 220 220 228 8
September 426 0 206 0 220 220 8 8
Total Water
Delivered 4427 200 1588 2639 2839
Unused Water
Rights for Water
Year
08 Red Box indicates
mismatch
between CTP
output and
delivery to cities.

Delivery is
reduced if
capacity to deliver
water to Colton is
not sufficient to
deliver 200 AF to
Colton.

Blue Box means
delivery is less
than minimum
monthly need.

Red Box means
delivery exceeds
water rights.

Blue Box means
delivery is less
than minimum
monthly need.

Green text means
that delivery to
Colton limited by
delivery capacity.

Blue Box  means
delivery is less than
minimum monthly
need.  Green text
means that delivery to
Colton limited by
delivery capacity.

Red Box means
delivery exceeds
water rights.

If remaining water rights are less than zero, County/Emhart will need to evaluate changes to production rates or alternative sources of water.

Step  7: Parties shall make any necessary modifications to the WMP as required by the limitations of Paragraph VI.B.2.a of the Four Party Implementation Agreement
Table 2 ‐ Default Water Delivery Schedule
Rialto receives all water pumped by County (except for 200 AF that the County may pump for Colton and Colton receives all water pumped by Emhart plus the 200 AF that the County may pump for Colton. The  Colton 200 AF from the County is divided equally among the Winter Months.

Under the "Default Delivery" schedule:

EXAMPLE
InstructionsSome things to Check:1. Does minimum need of each city fall within its water rights?2. Is each city getting its minimum needs met?3. Can an adjustments to seasonal pumping fix a problem with 2?4. If capacity to deliver water to Colton is limited, can water be wheeled to Colton in another way?5. If production exceeds water rights, will need to reduce pumping from treatment plant unless Emhart or County can get additional water rights.10. After trigger measurement, County can request use of additional Colton water rights (subject to delivery capacity restraints) or Colton can utilize those rights at its other wells.11. Rialto can produce from its other wells an amount equal to its excess rights, following reporting of the curtailment, if such rights are not needed for the County Remedy.1. County and Emhart provide data for yellow boxes in rows 9 to 212. Rialto and Colton provide anticipated percent reductions for yellow boxes on rows 36 and 373. Colton provides its minimum needs and maximum capacity to receive water by month (yellow boxes on rows 44 to 55)4. Colton and Rialto identify capacity values for yellow cells on rows 61 and 72, 75 (likely no change year to year)5. Rialto provide its minimum needs by month (rows 82 to 93)6. County and Emhart adjust anticipated treatment plant output (yellow cells on rows 9 to 21) to ensure minimum needs are met and water rights not exceeded (based on data provided by cities). Check7. Each month, update yellow cells using actual production and delivery data (rows 9 to 21 and 82 to 93). Adjust future months as appropriate.8. After trigger measurements reported in June, parties adjust data to reflect deliveries and pumping to date (for that water year) and curtailment. Parties make other adjustments as needed to pumpingpattern to ensure pumping does not exceed water rights.9. If Colton has extra water rights, it can request additional deliveries up to production of treatment plant, provided that Rialto is able to increase its production at other wells to accommodate a reduced

Exhibit I
‐1‐
Exhibit I
Water Management Plan
(Excel Spreadsheet Formulas)

1 23456789
10111213141516171819202122232425262728293031

A B C D E FG H I J
Winter Months (gpm) (AF)
October =SUM(B9:C9)*$C$30 =SUM(E9:G9)*$C$30 =SUM(B9:C9,E9:G9) =D9+H9November =SUM(B10:C10)*$C$30 =SUM(E10:G10)*$C$30 =SUM(B10:C10,E10:G10) =D10+H10December =SUM(B11:C11)*$C$30 =SUM(E11:G11)*$C$30 =SUM(B11:C11,E11:G11) =D11+H11January =SUM(B12:C12)*$C$30 =SUM(E12:G12)*$C$30 =SUM(B12:C12,E12:G12) =D12+H12February =SUM(B13:C13)*$C$30 =SUM(E13:G13)*$C$30 =SUM(B13:C13,E13:G13) =D13+H13March =SUM(B14:C14)*$C$30 =SUM(E14:G14)*$C$30 =SUM(B14:C14,E14:G14) =D14+H14April =SUM(B15:C15)*$C$30 =SUM(E15:G15)*$C$30 =SUM(B15:C15,E15:G15) =D15+H15Summer Months May =SUM(B17:C17)*$C$30 =SUM(E17:G17)*C$30 =SUM(B17:C17,E17:G17) =D17+H17 June =SUM(B18:C18)*$C$30 =SUM(E18:G18)*C$30 =SUM(B18:C18,E18:G18) =D18+H18July =SUM(B19:C19)*$C$30 =SUM(E19:G19)*C$30 =SUM(B19:C19,E19:G19) =D19+H19August =SUM(B20:C20)*$C$30 =SUM(E20:G20)*C$30 =SUM(B20:C20,E20:G20) =D20+H20September =SUM(B21:C21)*$C$30 =SUM(E21:G21)*C$30 =SUM(B21:C21,E21:G21) =D21+H21Annual Total =SUM(D9:D21) =SUM(H9:H21) =SUM(J9:J21)Annual Average =AVERAGE(B9:B21) =AVERAGE(D9:D21) =AVERAGE(E9:E21) =AVERAGE(H9:H21) =AVERAGE(I9:I21) =AVERAGE(J9:J21) Red Box means that treatment plant
production exceeds ability to deliverwater to Colton
Red Box means that treatmentplant production exceedsavailable water rights Notes12345 1 gpm = 0.134506281 Acre Feet per Month
County pumping not to exceed "Current Rights Available to County" identified below.County pumping may in the future include other wells. In that instance, table can be modified as appropriate.

County Total (AF)
Step 1: Input Planned Combined Remedies Output
Emhart pumping not to exceed "Current Rights Available to Emhart" identified below.Emhart pumping may in the future include a portion of other extraction wells, such as Rialto-3. In that instance, table can be modified as appropriate.

EXHIBIT I ‐ COMBINED REMEDIES ANNUAL WATER MANAGEMENT PLAN

PLANNED COMBINED REMEDIES OUTPUT
Month
Emhart Pumping1 2 County Pumping2 3
EW‐1 (gpm) Possible EW‐2 (gpm) Emhart Total (AF)3 RIALTO‐3 (gpm) Combined Remedies Total
Miro‐2 (gpm) Miro‐3 (gpm)

32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77

A B C D E FGH
City Rights per 1961 Decree
Current Required % Reduction per
1961 Decree (cannot be greater than
50%)
Current Rights Per 1961
Decree (AF)
Rialto Rights Unavailable
to Rialto due to Standby
Agreement
Current Rights
Available to Emhart
(AF) [Accounting for
200 AF agreement
between Colton and
County]
Current Rights Available
to County (AF)
Combined Remedy Rights
Available for Treatment
Plant (AF)
Rialto
4366 =B36‐4366*C36 1600 0 =D36‐E36 =SUM(F36:G36)
Colton 3900 =B37‐B37*C37 NA =D37‐200 200 =SUM(F37:G37)
Total =SUM(B36:B37) =SUM(D36:D37) =SUM(F36:F37) =SUM(G36:G37) =SUM(F38:G38) Month Minimum Water Needs Maximum Capacity of Colton to Accept Water
October
November
December
January
February
March
April
May
June
July
August
September
TOTAL* =SUM(B44:B55)
Maximum Operational
Flow Rate (gpm)
Maximum Volume of Water
Deliverable to Colton (AF)
Octboer =B61*$C$30 =MIN(C44,C61)
November =B62*$C$30 =MIN(C45,C62)
December =B63*$C$30 =MIN(C46,C63)
January =B64*$C$30 =MIN(C47,C64)
February =B65*$C$30 =MIN(C48,C65)
March =B66*$C$30 =MIN(C49,C66)
April =B67*$C$30 =MIN(C50,C67)
May =B68*$C$30 =MIN(C51,C68)
June =B69*$C$30 =MIN(C52,C69)
July =B70*$C$30 =MIN(C53,C70)
August =B71*$C$30 =MIN(C54,C71)
September =B72*$C$30 =MIN(C55,C72)
Total =AVERAGE(B61:B72) =SUM(C61:C72)
(gpm) (AF)
=C76*C30
Step 2: Input Available Water Rights
Step 3:  Input Colton Monthly Minimum Needs and Maximum Capacity to Accept Water from the Combined Remedies * Not to exceed Colton Water Rights
Text is red if maximum
volume of water
deliverable to Colton is less
than Colton minimum
water needs

COLTON WATER BUDGET (AF)

AVAILABLE RIALTO AND COLTON WATER RIGHTS (AF)
Maximum Water Deliverable to Rialto Per Month (AF)
Text is red if value
exceeds water delivery
capacity to Colton
Box is red if minimum water needs exceed Colton Water Rights Step 4: Input Monthly Maximum Operational Flow Rate for Delivery of Water to Rialto and Colton * Lesser of Maximum Capacity of Colton to Accept Water (Step 3, Column C) and Maximum Volume of Water Deliverable to Colton (Step 4, Column C) Upper Limit for Delivery of Water to Colton* (AF)

78 798081828384858687888990919293949596979899
100101102103104105106107108109110

AB C D E F G B
Month Minimum Water Needs (AF)
October
November
December
January
February
March
April
May
June
July
August
September
Total* =SUM(B82:B93)
Colton Water Rights
Minimum Summer Needs (sum
of minimum for each summer
month)
Water Rights Available in Winter
Months (rights minus summer
minimum needs)
=D37 =SUM(B51:B55) =A101‐B101
What County Pumped
Annual Delivery Capacity
Available to County for Initial
200 AF
Rialto Water Rights Amount Rialto can Pump from other wells (before any adjustments) Water County Pumps for Colton Above 200 AF (per Water Year) =H22 =MIN(C73‐$D$22,200) =G36 =IF(A105‐(B105+C105)<0,(B105+C105)‐A105,0) =IF(A105‐(B105+C105)>0,A105‐(B105+C105),0) * Purple Box indicates value exceeds ca
What Emhart Pumped (all
for Colton) (AF per water
year)
What County Pumped for
Colton (AF per water year) Total to Colton (AF per water year) Total Water to Colton in Summer Months (AF) Monthly Total to Colton in Summer Months (AF per month) (assuming Rialto rights utilized as much as possible for County Remedy)
Maximum Potential Water to Colton in
Summer (assuming Colton uses all its water
rights available after subtracting winter use)
=D22 =MIN(B105+E105,C73) =B109+A109 =C109‐SUM(E115:E121) =D109/5 =(D37‐SUM(E115:E121))/5 (From production values
above)
(From table above) (Emhart delivery plus County delivery) (Annual total AF to Colton minus water to Colton in winter)
If cell is green, delivery to Colton will be limited by delivery capacity
Used to calculate potential shift of water to
Colton in summer to meet minimum Colton
needs (which in turn allows Rialto to
produce more from its other wells). Green
indicates potential delivery limited by
delivery capacity to Colton.

Step 5: Input Rialto Month‐by‐Month Minimum Needs
Maximum Monthly Delivery to Colton in Winter to Preserve Rights for Summer (available winter rights/7)* =C101/7
Calculation of Water Pumped for Colton for County Remedy Calculation of Water to Colton in the Summer Months

RIALTO WATER BUDGET
* Not to exceed Rialto Water Rights
Calculation of Maximum Monthly Delivery to Colton in Winter (to ensure Colton can receive its minimum needs in the summer) Box is red if minimum water needs exceed Rialto Water Rights Step 6: Parties meet and confer to determine if they can agree upon maximum prioritized delivery of water to Colton in winter months (Table 1) or must revert to default water delivery schedule (Table 2) For Table 1

111
112113114115116117118119120121122123124125126127128129130131132133134135136137138

AB C D E F GH
Month Planned Combined Remedies Output (AF) Planned Delivery to Rialto (AF) Remaining Rialto Water Rights (AF) Planned Delivery to Colton (AF) Remaining Colton Water Rights (AF) Start (Total Water Rights)
=D36‐E36 =D37
October =MIN(J9,D$76) =MIN(MAX((B115‐E115),B82),H9)‐G115 =D114‐C115 =MIN(C61,D61,(B115‐MIN(B82,H9)),D$101)+G115 =F114‐E115 November =MIN(J10,D$76) =MIN(MAX((B116‐E116),B83),H10)‐G116 =D115‐C116 =MIN(C62,D62,(B116‐MIN(B83,H10)),D$101)+G116 =F115‐E116 December =MIN(J11,D$76) =MIN(MAX((B117‐E117),B84),H11)‐G117 =D116‐C117 =MIN(C63,D63,(B117‐MIN(B84,H11)),D$101)+G117 =F116‐E117 January =MIN(J12,D$76) =MIN(MAX((B118‐E118),B85),H12)‐G118 =D117‐C118 =MIN(C64,D64,(B118‐MIN(B85,H12)),D$101)+G118 =F117‐E118 February =MIN(J13,D$76) =MIN(MAX((B119‐E119),B86),H13)‐G119 =D118‐C119 =MIN(C65,D65,(B119‐MIN(B86,H13)),D$101)+G119 =F118‐E119 March =MIN(J14,D$76) =MIN(MAX((B120‐E120),B87),H14)‐G120 =D119‐C120 =MIN(C66,D66,(B120‐MIN(B87,H14)),D$101)+G120 =F119‐E120 April =MIN(J15,D$76) =MIN(MAX((B121‐E121),B88),H15)‐G121 =D120‐C121 =MIN(C67,D67,(B121‐MIN(B88,H15)),D$101)+G121 =F120‐E121 May =MIN(J17,D$76) =B122‐E122 =D121‐C122 =(MIN(IF(B51>E$109,IF($F$109>=B51,B51,$F$109),$E$109),$C68,D68))+G122 =F121‐E122 June =MIN(J18,D$76) =B123‐E123 =D122‐C123 =(MIN(IF(B52>E$109,IF($F$109>=B52,B52,$F$109),$E$109),$C69,D69))+G123 =F122‐E123 July =MIN(J19,D$76) =B124‐E124 =D123‐C124 =(MIN(IF(B53>E$109,IF($F$109>=B53,B53,$F$109),$E$109),$C70,D70))+G124 =F123‐E124 August =MIN(J20,D$76) =B125‐E125 =D124‐C125 =(MIN(IF(B54>E$109,IF($F$109>=B54,B54,$F$109),$E$109),$C71,D71))+G125 =F124‐E125 September =MIN(J21,D$76) =B126‐E126 =ROUND(D125‐C126,0) =(MIN(IF(B55>E$109,IF($F$109>=B55,B55,$F$109),$E$109),$C72,D72))+G126 =ROUND(F125‐E126,0) Total Water Delivered =SUM(B115:B126) =SUM(C115:C126) =SUM(E115:E126) Unused Water Rights for
Water Year
=D126 =F126
Box is Red if CTP produces
more than capacity to deliverwater to Colton.

Red Box means CTP output does not match waterprovided to Rialto and Colton. Blue Box meansdelivery is less than minimum monthly need.Green Box means that production plus otherwater rights meets minimum monthly needs insummer.

Red Box means delivery exceeds water rights.

Red Box means CTP output does not match water provided to Rialto and Colton. Blue Boxmeans delivery is less than minimum monthly need. Yellow text means that delivery toColton limited by delivery capacity to Colton. Purple text means some CTP Output shifted toColton from Rialto.

Red Box means delivery exceeds waterrights
1212In each Summer Month:

Colton receives the lesser of (1) a value equal to 1/5th of the total to be pumped for Colton in that water year less the amount pumped in the winter months (2) the monthly maximum capacity to deliver water to Colton and (3) Colton's maximum capacity to accept water If remaining water rights are less than zero, County/Emhart will need to evaluate changes to production rates or alternative sources of water. =SUM(G115:G126)
Red Box Means Value Causes water to Colton to
exceed delivery capacity to Colton
Under the "Maximum Prioritized Delivery" schedule:In each Winter Month:

Colton receives the lesser of (1) a value equal to 1/7th of the Colton Water Rights minus the total summer minimum water needs (2)the monthly treatment plant output minus the lesser of (Rialto minimum monthly needs and the amount pumped for the CountyRialto receives all water that is not delivered to Colton.Rialto receives all water that is not delivered to Colton. The Colton delivery calculation ensures that Rialto receives at least its minimum needs, provided that such volume does not exceed the volume of water pumped by the County in that month Table 1 ‐ Maximum Prioritized Delivery of Water to Colton in Winter Months If Planned Delivery to Colton (Column E) is less than
Colton's minimum water needs in a given month, and
Colton has additional available water rights, the
Parties may manually increase the Planned Delivery
to Colton by inputting the amount of Colton Water
Rights to be preferentially used by the County (per
Paragraph VI. B. 2. a. ix.) (AF)

139
140141142143144145146147148149150151152153154155156157158159160161162

AB C D E FG H I
Month Planned Combined Remedies Output (AF) Colton 200 AF Pumped for County Remedy Delivered to Colton (AF) Planned Delivery to Rialto (AF) Remaining Rialto Water Rights (AF) Planned Delivery to Colton (AF) for Emhart Planned Delivery to Colton (AF) for Combined Remedy Remaining Colton Water Rights (AF) Surplus Available to County to Pump for Colton (AF) Start (Total Water Rights) =D36‐E36 =D37
October =J9 =MIN(H9,IF(D9+200/7>$C$61,($C$61‐D9),200/7)) =H9‐C142 =E141‐D142 =D9 =F142+C142 =H141‐G142 November =J10 =MIN(H10,IF(D10+200/7>$C$61,($C$61‐D10),200/7)) =H10‐C143 =E142‐D143 =D10 =F143+C143 =H142‐G143 December =J11 =MIN(H11,IF(D11+200/7>$C$61,($C$61‐D11),200/7)) =H11‐C144 =E143‐D144 =D11 =F144+C144 =H143‐G144 January =J12 =MIN(H12,IF(D12+200/7>$C$61,($C$61‐D12),200/7)) =H12‐C145 =E144‐D145 =D12 =F145+C145 =H144‐G145 February =J13 =MIN(H13,IF(D13+200/7>$C$61,($C$61‐D13),200/7)) =H13‐C146 =E145‐D146 =D13 =F146+C146 =H145‐G146 March =J14 =MIN(H14,IF(D14+200/7>$C$61,($C$61‐D14),200/7)) =H14‐C147 =E146‐D147 =D14 =F147+C147 =H146‐G147 April =J15 =MIN(H15,IF(D15+200/7>$C$61,($C$61‐D15),200/7)) =H15‐C148 =E147‐D148 =D15 =F148+C148 =H147‐G148 May =J17 =MIN(IF(SUM(C$142:C$148)<200,MIN((200‐SUM(C$142:C$148))/5),IF(D17+(200‐SUM(C$142:C$148))/5>$C68,($C68‐D17),0)),$C68‐F149) =H17‐C149 =E148‐D149 =D17 =F149+C149 =H148‐G149 June =J18 =MIN(IF(SUM(C$142:C$148)<200,MIN((200‐SUM(C$142:C$148))/5),IF(D18+(200‐SUM(C$142:C$148))/5>$C69,($C69‐D18),0)),$C69‐F150) =H18‐C150 =E149‐D150 =D18 =F150+C150 =H149‐G150 =IF(H$155>0,H$155,0) July =J19 =MIN(IF(SUM(C$142:C$148)<200,MIN((200‐SUM(C$142:C$148))/5),IF(D19+(200‐SUM(C$142:C$148))/5>$C70,($C70‐D19),0)),$C70‐F151) =H19‐C151 =E150‐D151 =D19 =F151+C151 =H150‐G151 =IF(H$155>0,H$155,0) August =J20 =MIN(IF(SUM(C$142:C$148)<200,MIN((200‐SUM(C$142:C$148))/5),IF(D20+(200‐SUM(C$142:C$148))/5>$C71,($C71‐D20),0)),$C71‐F152) =H20‐C152 =E151‐D152 =D20 =F152+C152 =H151‐G152 =IF(H$155>0,H$155,0) September =J21 =MIN(IF(SUM(C$142:C$148)<200,MIN((200‐SUM(C$142:C$148))/5),IF(D21+(200‐SUM(C$142:C$148))/5>$C72,($C72‐D21),0)),$C72‐F153) =H21‐C153 =ROUND(E152‐D153,0) =D21 =F153+C153 =ROUND(H152‐G153,0) =IF(H$155>0,H$155,0) Total Water Delivered
=SUM(B142:B153) =SUM(C142:C153) =SUM(D142:D153) =SUM(F142:F153) =SUM(G142:G153) Unused Water Rights for
Water Year
=E153 =H153
Red Box indicates
mismatch between CTPoutput and delivery tocities.

Delivery is reduced if capacity to deliver water to Colton is not sufficient to deliver 200 AF to Colton. Blue Box means delivery is less than minimum monthlyneed.

Red Box means deliveryexceeds water rights.

Blue Box means delivery isless than minimummonthly need. Green textmeans that delivery toColton limited by deliverycapacity.

Blue Box meansdelivery is less thanminimum monthlyneed. Green text meansthat delivery to Coltonlimited by deliverycapacity.

Red Box means deliveryexceeds water rights.

If remaining water rights areUnder the "Default Delivery" schedule:Rialto receives all water pumped by County (except for 200 AF that the County may pump for Colton and Colton receives all water pumped by Emhart plus the 200 AF that the County may pump for Colton. The Colton 200 AF from the County is divided equally among the Winter Months.

Step 7: Parties shall make any necessary modifications to the WMP as required by the limitations of Paragraph VI.B.2.a of the Four Party Implementation Agreement Table 2 ‐ Default Water Delivery Schedule

163
164165166167168169170171172173174175176177178179180181182183

AB C D E F
InstructionsSome things to Check:4. If capacity to deliver water to Colton is limited, can water be wheeled to Colton in another way?5. If production exceeds water rights, will need to reduce pumping from treatment plant unless Emhart or County can get additional water rights.8. After trigger measurements reported in June, parties adjust data to reflect deliveries and pumping to date (for that water year) and curtailment. Parties make other adjustments as needed to pumping pattern to ensure pumping does not exceed waterrights.1. Does minimum need of each city fall within its water rights?2. Is each city getting its minimum needs met?3. Can an adjustments to seasonal pumping fix a problem with 2?10. After trigger measurement, County can request use of additional Colton water rights (subject to delivery capacity restraints) or Colton can utilize those rights at its other wells.11. Rialto can produce from its other wells an amount equal to its excess rights, following reporting of the curtailment, if such rights are not needed for the County Remedy.1. County and Emhart provide data for yellow boxes in rows 9 to 212. Rialto and Colton provide anticipated percent reductions for yellow boxes on rows 36 and 373. Colton provides its minimum needs and maximum capacity to receive water by month (yellow boxes on rows 44 to 55)4. Colton and Rialto identify capacity values for yellow cells on rows 61 and 72, 75 (likely no change year to year)5. Rialto provide its minimum needs by month (rows 82 to 93)6. County and Emhart adjust anticipated treatment plant output (yellow cells on rows 9 to 21) to ensure minimum needs are met and water rights not exceeded (based on data provided by cities). Check red and blue shaded cells for potential issues.7. Each month, update yellow cells using actual production and delivery data (rows 9 to 21 and 82 to 93). Adjust future months as appropriate.9. If Colton has extra water rights, it can request additional deliveries up to production of treatment plant, provided that Rialto is able to increase its production at other wells to accommodate a reduced delivery schedule from the CTP (rows 103 to 114)

Exhibit J
‐1‐
Exhibit J
Rialto/Emhart Real Property Lease Agreement

1. PARTIES:

This Lease is made by and between the City of Rialto (“Rialto”) and Emhart Industries, Inc. (“Emhart”).

2. PREMISES LEASED:

The premises subject to this Lease (“Premises”) are:
a. Combined Treatment Plant Lease Area:

THOSE PORTIONS OF LOTS 19 AND 20 OF THE PALMER SUBDIVISION,

IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 18, PAGE 72 OF

MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:

COMMENCING AT A POINT IN THE CENTERLINE OF LINDEN AVENUE, AS SHOWN ON PARCEL MAP NO. 427, FILED IN BOOK 4, PAGE 7, OF

PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY,

DISTANT THEREON
NORTH 00° 02’ 00” EAST 430.00 FEET FROM THE INTERSECTION OF

MIRO WAY AND LINDEN AVENUE AS SHOWN ON SAID PARCEL MAP
NO. 427; THENCE SOUTH 89° 58’ 00” EAST 44.00 FEET TO THE NOW

EXISTING EASTERLY LINE OF SAID LINDEN AVENUE AND THE TRUE POINT OF BEGINNING ; THENCE SOUTH 89° 58’ 00” EAST 139.23 FEET; THENCE SOUTH 00° 02’ 00” WEST 98.96 FEET; THENCE NORTH 89° 57’ 13” EAST 60.77 FEET; THENCE SOUTH 00° 02’ 00” WEST 288.83 FEET TO THE NORTHERLY LINE OF MIRO WAY AS DESCRIBED IN RESOLUTION RECORDED DECEMBER 22, 2012 AS DOCUMENT NO. 2014‐0488256, OF OFFICIAL RECORDS,
RECORDS OF SAID COUNTY; THENCE SOUTH 89° 57’ 49” WEST
ALONG SAID NORTHERLY LINE 183.98 FEET TO AN ANGLE POINT THEREON; THENCE CONTINUING ALONG SAID NORTHERLY LINE
NORTH 42° 15’ 49” WEST 23.80 FEET TO A LINE THAT BEARS NORTH 00° 02’ 00” EAST AND PASSES THROUGH THE TRUE POINT OF

Exhibit J
‐2‐
BEGINNING; THENCE NORTH 00° 02’ 00” EAST 370.32 FEET TO THE TRUE POINT OF BEGINNING.

The Combined Treatment Plant Lease Area is depicted on Exhibit J 1. b. EW‐1 Lease Area
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 1 NORTH, RANGE 5 WEST, SAN BERNARDINO BASE AND

MERIDIAN, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO,

STATE OF CALIFORNIA WITHIN THE FOLLOWING DESCRIBED
BOUNDARIES:

COMMENCING AT THE CENTER OF SAID SECTION 34 AS SHOWN ON PARCEL MAP NO. 5020 FILED IN BOOK 47, PAGES 74 THROUGH 76,

INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY; THENCE NORTH 89° 55’ 30” EAST ALONG THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER 53.54 FEET;
THENCE SOUTH 00° 03’ 40” EAST PARALLEL TO THE EASTERLY
BOUNDARY OF SAID PARCEL MAP NO. 5020 A DISTANCE OF 22.60 FEET TO THE TRUE POINT OF BEGINNING ; THENCE SOUTH 00° 03’ 40” EAST 49.00 FEET; THENCE SOUTH 89° 56’ 20” WEST 29.50 FEET; THENCE NORTH 01°41’ 32” EAST 49.02 FEET TO A LINE HAVING A BEARING OF NORTH 89° 56’ 20” EAST AND THAT PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 56’ 20” EAST ALONG SAID LINE 28.00 FEET TO THE TRUE POINT OF BEGINNING.

The EW‐1 Lease Area is depicted on Exhibit J‐2.
c. EW‐2 Lease Area
As of the date upon which this Lease was entered, it was unknown whether U.S. EPA would require Emhart to install EW‐2 to achieve the remedial objectives set forth in the Work Consent Decree.  In the event EW‐2 is to be installed on Rialto property, this Lease shall be amended to include a description of the parcel(s) upon written agreement of Rialto and Emhart, in accordance with Paragraph 10.b.1) of the Work Consent Decree and Paragraph VII.B of the Four Party Implementation Agreement.

Exhibit J
‐3‐

3. TERM OF LEASE:  This Lease shall remain in effect until one year after Emhart terminates its participation in the Four Party Implementation Agreement, or after it removes components of the Combined Remedies for which it is responsible (if any) and restores the ground surface as provided for in Paragraph XIII of the Four Party Implementation Agreement, whichever occurs first.

4. IMPROVEMENTS:  Emhart shall place on the Premises only those improvements required by the Work Consent Decree (which currently include, as described in the Four Party Implementation Agreement, the Combined Treatment Plant; EW‐1; and, if required, EW‐2).  In the event that Rialto and/or Lewis‐Hillwood Rialto Company, LLC (“LHR”) underground utilities providing services to the Combined Treatment Plant Lease Area, Emhart and the County (as provided in its lease for the Combined Treatment Plant Lease Area) shall, at no cost to Rialto, underground all associated utilities located on or at the Combined Treatment Plant Lease Area.

Ownership of improvements by Emhart on the Premises and removal of such improvements upon termination of this Lease shall be governed by Paragraphs VIII.B.3. (ownership by Emhart) and XIII B. and C. (removal) of the Four Party Implementation Agreement.

5. COMPLIANCE WITH APPLICABLE LAWS:  Emhart shall perform all of its activities on the Premises in compliance with applicable federal, state, or local rules, regulations, ordinances, or laws.  In the event that Emhart’s activities violate applicable federal, state, or local rules, regulations, ordinances, or law, Emhart shall promptly, upon written notice from Rialto, come into compliance with such law, including the removal or modification of any installation to conform with the applicable laws.

6. ENVIRONMENTAL MATTERS:

6.1 Definition of Hazardous Substance.  For the purposes of this Lease, the term “Hazardous Substance” shall mean any material or substance which is or becomes (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control

Exhibit J
‐4‐
Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter‐ Presley‐Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) defined as a “hazardous substance” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1321), (ix) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903), or (x) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C § 9601).

6.2 Hazardous Substances on Premises.  Emhart shall not permit or authorize at any time the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal of any Hazardous Substance on, under or about the Premises, or authorize the transportation of any Hazardous Substance to or from the Premises, except those Hazardous Substances associated with the construction, operation, maintenance, and/or future modification of the Combined Remedies in accordance with all federal, state, and local environmental laws and regulations with respect to the storage, use, generation, transportation, handling, and disposal of Hazardous Substances on the Premises.  In the event Emhart causes a release of any Hazardous Substance on the Premises, Emhart shall assume responsibility for investigation, and cleanup of such substances as provided by law.  In such event, Emhart shall promptly notify Rialto of the release and provide copies of any reports or correspondence with government agencies relating thereto.

7. USE:  Emhart shall use the Premises for installation, construction, operation, and maintenance of the Combined Remedies as set forth in the Four Party Implementation Agreement.  Emhart shall maintain the Premises in a neat and orderly condition. During construction of the Combined

Exhibit J
‐5‐
Remedies, Emhart shall, as is reasonably feasible, maintain the Premises in a neat and orderly condition.

8. ASSIGNMENT AND SUBLETTING:  Emhart may not assign or sublease the Premises without the written consent of Rialto, which consent may be withheld in the sole and absolute subjective discretion of Rialto.

9. THIRD PARTY ACCESS:  Except as required for the installation, construction, operation and maintenance of the Combined Remedies as provided for in the Four Party Implementation Agreement, Emhart shall not allow any third party (excluding the County) access to the Premises, without Rialto’s prior written consent.

10. REPAIRS:  Emhart must repair any damage to the Premises caused by its acts, omissions, negligence, or willful misconduct.

11. RIALTO’S ACCESS TO PREMISES:  Rialto and its authorized representatives shall have the right to enter the Premises at any time for any purpose.

12. RETURN OF PREMISES TO PRE‐CONSTRUCTION CONDITIONS:  Emhart shall remove components of the Combined Remedies owned by Emhart and return the Premises to pre‐construction conditions as provided in Paragraph XIII.C of the Four Party Implementation Agreement.

13. RENT:  Rialto shall not charge Emhart rent for the Premises.

14. AMENDMENTS:  This Lease may be amended only by written agreement of Emhart and Rialto.

15. WARRANTY OF TITLE:  Rialto warrants that there are no encumbrances of record or not of record concerning the Premises that will inhibit Emhart’s use of the Premises as provided in this Lease.

16. CONDITION OF PREMISES:  Prior to execution of this Lease, Emhart has not conducted any investigation of the condition of the Premises and Rialto has provided no representations or warranties, express or implied, regarding the condition of the Premises.

17. DEFINED TERMS:  Defined terms used in this Lease shall have the meanings provided in the Four Party Implementation Agreement.

CIVILTEC
118 WEST LIME AVENUE
FAX: (626) 303-7957
MONROVIA, CA 91016
PHONE: (626) 357-0588
IA N
OR
L IF

F CA O ETATS
7003

L ICENSED LAND SURVEYOR
JOSEPH P . VALENT I
EXHIBIT J-1 - COMBINED TREATMENT

PLANT LEASE AREA

CIVILTEC 118 WEST LIME AVENUE
FAX: (626) 303-7957
MONROVIA, CA 91016
PHONE: (626) 357-0588
IA N
OR

OF CAL IF
ETATS
7003
Expires 9-30-2015

L ICENSED LAND SURVEYO
R
JOSEPH P . VALENT I
EXHIBIT J-2 - EW-1 LEASE AREA

Exhibit K
‐1‐
Exhibit K
Combined Treatment Plant Site Plan

¯
02550
Feet
Legend
CombinedTreatmentPlant
Footprint

SOURCEAREAOPERABLEUNITROCKETS,

FIREWORKSANDFLARESSUPERFUNDSITE
PREPAREDBY:

AP(ERM)
JOBNO.0179962.03.A
FILE:ExhibitK.mxd

EXHIBITK

COMBINEDTREATMENTPLANT

SITEPLAN
Document Path: M:\Projects\Emhart_Rialto\Portland\GIS\IA\Exhibit K.mxd N Linden Ave
MiroWay

RIALTOMUNICIPAL

AIRPORT

RIALTOMUNICIPAL

AIRPORT
TreatmentPlant
Entrance
200Feet
388Feet
135Feet
288Feet

First Amendment to Four Party Implementation Agreement
(Regarding Costs of Construction, Operation, and Maintenance of Liquid Chlorinator)
This agreement amends the Four Party Implementation Agreement made and entered into effective September 1, 2015, by and between Emhart, Rialto, Colton, and the County (“4-Party IA”) to provide terms not addressed in the 4-Party IA regarding the costs of construction, operation, and maintenance of a liquid chlorinator to be used to disinfect extracted groundwater after treatment for perchlorate and VOCs by the Combined Treatment Plant and prior to distribution as domestic water supply via the Rialto municipal water supply system. Terms defined in the 4-Party IA and used in this agreement shall have the meanings set forth in the 4-Party IA.

Recitals
Whereas, Colton’s DDW Permit and Rialto’s DDW Permit require disinfection of all groundwater extracted from the Basin, regardless of whether it is impacted by perchlorate and/or VOCs.

Whereas, pursuant to Rialto’s DDW Permit, Rialto operates and maintains chlorination systems to disinfect all water it extracts pursuant to Rialto Water Rights, including paying all costs of operation and maintenance of its chlorinator located at CR-3.

Whereas, pursuant to Colton’s DDW Permit, Colton operates and maintains chlorination systems to disinfect all water it extracts pursuant to Colton Water Rights, including paying all costs of operation and maintenance of its chlorinator located at the Domecq Reservoir Site.

Whereas, to facilitate operation of the Combined Remedies, Colton and Rialto have leased their respective water rights in the Basin to Emhart and the County as described in Paragraph V of the 4-Party IA.

Whereas, as set forth in the 4-Party IA, upon startup, the Combined Remedies will pump water from the Basin, treat that water at the Combined Treatment Plant to remove perchlorate and VOCs, and deliver the treated water to Rialto.

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Whereas, as set forth in the 4-Party IA, Rialto will receive all water treated by the Combined Treatment Plant, and deliver to Colton a volume of water equivalent to the Colton Water Rights utilized by the County and Emhart at the Combined Treatment Plant.

Whereas, the Work Consent Decree, 4-Party IA, County/Rialto Implementation Agreement, and County/Colton/Rialto Standby Agreement do not address payment of the costs to operate and maintain the chlorination systems required by DDW for all water extracted from the Basin.

Whereas, the Parties believe that replacing the existing tablet chlorinator at CR-3 with a single liquid (sodium hypochlorite) chlorinator to disinfect all treated water to be generated by the Combined Treatment Plant (“Liquid Chlorinator”) would be more efficient and less expensive to operate and maintain.

Agreement
Now, therefore, the Parties agree to amend the 4-Party IA as follows:

1. Design and Construction of the Liquid Chlorinator
a. Emhart has designed the Liquid Chlorinator in accordance with Rialto’s requested design parameters and submitted the design to Rialto, Colton, and the County for review and comment. Rialto has approved the design for the Liquid Chlorinator. A copy of the approved Liquid Chlorinator design is attached hereto as Exhibit 1-A. b. Emhart shall construct the Liquid Chlorinator consistent with the approved design.
c. The estimated capital cost of the Liquid Chlorinator is $652,988, which consists of (i) the construction contractor bid price of $499,000; (ii) estimated contingency and contractor integration costs of $25,000; (iii) pre-purchased long-lead chlorinator equipment costs of $78,258; and (iv) design costs of $50,730.
d. Except as set forth in this paragraph, Rialto, Colton, and Emhart shall share equally (1/3 each) the final total capital cost of the Liquid Chlorinator, including, but not limited to, the costs identified in paragraph 1.c. and any change order amounts necessary to address

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issues not anticipated by the design or that otherwise may arise during construction. Notwithstanding any other provision(s) in this paragraph or agreement, Colton’s share of the final total capital cost of the Liquid Chlorinator shall not exceed $218,000. The County is not responsible for paying any of the capital or related costs of the Liquid Chlorinator.
e. Emhart shall pay its contractors and subcontractors to construct the Liquid Chlorinator. Within 30 days of completion of construction of the Liquid Chlorinator, Emhart shall submit invoices to Rialto and Colton for their 1/3 shares of the capital cost of the Liquid Chlorinator. Rialto shall pay its 1/3 share in the form of offsets against amounts due to Rialto from Emhart pursuant to Paragraph IV.F. of the 4-Party IA, until the full amount of Rialto’s share of the Liquid Chlorinator capital cost has been paid. Colton shall pay its share in equal quarterly installments to be paid along with Colton’s payments to Emhart for Colton Baseline Lifting Costs, over a period not to exceed five years.
f. Any dispute regarding an invoice for Liquid Chlorinator capital costs shall be resolved pursuant to Paragraph XII of the 4-Party IA.

2. Operation and Maintenance of the Liquid Chlorinator
a. Rialto, as the owner of its municipal water supply system, shall own, operate, and maintain the Liquid Chlorinator.
b. Colton shall reimburse Rialto for the costs of operation and maintenance of the Liquid Chlorinator pursuant to the following formula:

Colton reimbursement to Rialto = total cost of
Liquid Chlorinator O&M x (volume of water
delivered to Colton by Rialto/total volume of
water delivered to Rialto from Combined
Treatment Plant)
c. Rialto shall invoice Colton for its share of Liquid Chlorinator operation and maintenance costs monthly. Upon request by Colton, Rialto shall provide records documenting the volume of water

-4-
treated at the Liquid Chlorinator, the operation and maintenance costs of the Liquid Chlorinator and any other documents necessary to determine or verify the amounts invoiced.
d. Colton shall pay the invoiced amount within 30 days of receipt of an invoice from Rialto.
e. Neither the County nor Emhart are responsible for the costs of operation and maintenance of the Liquid Chlorinator.
f. Any dispute regarding an invoice for Liquid Chlorinator operation and maintenance costs shall be resolved pursuant to Paragraph XII of the 4-Party IA.

-5-
FOR EMHART INDUSTRIES, INC.:

By: ______________________________
Emhart Industries, Inc.

Date: _____________________________
FOR THE CITY OF RIALTO:

By: ______________________________
City of Rialto
Date: _____________________________
FOR THE CITY OF COLTON:

By: ______________________________
City of Colton
Date: _____________________________
FOR THE COUNTY OF SAN BERNARDINO:

By: ______________________________
County of San Bernardino
Date: _____________________________

EXHIBIT 1-A

ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

SOURCE AREA OPERABLE UNIT

RIALTO, CALIFORNIA
ADDENDUM NO. 3

GROUNDWATER EXTRACTION AND TREATMENT

SYSTEM COMBINED REMEDY

CHLORINATION SYSTEM INSTALLATION
FEBRUARY 2020
RIALTO

NOT TO SCALE

SITE LOCATION MAP

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
COVER SHEET G-1
1 LIST OF DRAWINGS
SHEET NO. DRAWING NO. DESCRIPTION
B. PAINE D. LAFRANCE
9

DRAWN BY APPROVED

DESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE

GENERAL NOTES,
ABBREVIATIONS, AND SYMBOLS G-2
2 B. PAINE D. LAFRANCE
SMH

LEGEND & SYMBOLS ABBREVIATIONS GENERAL NOTES
9

1251
1415.70 EDGE_OF_CONC._SL
1252
1415.70 GATE
1251
1415.70 EDGE_OF_CONC._SL
1252
1415.70 GATE

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
N
0 0 1" 2"

2.5' 5' 10'
B. PAINE D. LAFRANCE

DEMOLITION PLAN
D-1
3 DISPOSITION NOTES

DEMOLITION NOTES
9

(E) (E) (E) (E)
(OH) (OH) (OH) (OH) (OH) (OH) (OH)
(OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) (OH) X
X
X
X
X
X
X
X

X X X X X X X X
X
X
X
X

X X X X X X X X
X
X
X
X
X

POINT TABLE

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
N
0 0 1" 2"

2.5' 5' 10'
B. PAINE D. LAFRANCE

CIVIL PIPING PLAN
C-1
4 CONSTRUCTION NOTES

GENERAL NOTE
9

NOT TO SCALE
VALVE BOX 1
- NOT TO SCALE
BOLLARD POST 2
- NOT TO SCALE
PIPE TRENCH 3
-

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
B. PAINE D. LAFRANCE

CIVIL DETAILS
C-2
5 9

DRAWN BY APPROVED

DESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
D. KUANG T. NGUYEN

GENERAL STRUCTURAL NOTES
S-1
6 9

GENERAL

CONCRETE

GENERAL STRUCTURAL NOTES REINFORCING STEEL STEEL ADHESIVE ANCHORS (HILTI)

CHEMICAL STORAGE TANK AND EQUIPMENT ANCHORAGE

CONTRACTOR PROVIDED STRUCTURAL DESIGNS

DRAWN BY APPROVED

DESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
D. KUANG T. NGUYEN

DESIGN CRITERIA AND
STRUCTURAL ABBREVIATIONS S-2
7 9
℄

STRUCTURAL ABBREVIATIONS
∠
·
·
·

DESIGN CRITERIA

DRAWN BY APPROVED

DESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
D. KUANG T. NGUYEN

SPECIAL INSPECTIONS AND
STRUCTURAL OBSERVATIONS S-3
8 9

SPECIAL INSPECTION PROGRAM
- APPLIES TO ALL TABLES
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·
·

STRUCTURAL OBSERVATION

DEFERRED SUBMITTALS/CERTIFICATIONS
·
·

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X

KEYNOTES

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
N
D. KUANG T. NGUYEN

FOUNDATION PLAN
S-4
9 9

FOUNDATION PLAN
SCALE: 3/4" = 1'-0"
A
S-5
B
S-5
6 S-6
0 1' 2' 3' 4'
SCALE: 3/4" = 1'-0"

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

KEYNOTES

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
D. KUANG T. NGUYEN

SECTIONS
S-5
10 9

SECTION
SCALE: 1/2" = 1'-0"
B
- SECTION
SCALE: 1/2" = 1'-0"
A
-
0 2' 4' 6'
SCALE: 1/2" = 1'-0"

6"
MIN.
6" CLR.

CONTINUOUS CLEANOUT

CUT BACK SPALL

EXCAVATION SHALL BE

CLEAN AND FREE OF
DEBRIS
NOTES:

1. STAKES NOT PERMITTED WITHIN

FOOTING SECTION

2. FOUNDATION CONCRETE MAY BE

PLACED DIRECTLY INTO NEAT

EXCAVATIONS PROVIDED TRENCH
WALLS ARE STABLE. STABILITY SHALL
BE DETERMINED BY THE ENGINEER.

SEE PLAN
1 1
2x PLANKING, TYP.

FOR SUPPORT OF

CONCRETE

FORMWORK AS
NEEDED
2x STEM WALL FORMS (WHERE STEM WALLS

OCCUR) - FORMWORK NOT PERMITTED

BELOW GRADE UNLESS FULLY FORMED REINFORCING LAP SPLICE SCHEDULE BAR
f'c = 2500 f'c = 3000 f'c = 4000 f'c = 4500
L (inches) L (inches) L (inches) L (inches)
3 24 22 19 1824
4 32 29 25
5 39 36 31 30
6 47 43 37 35
7 69 63 54 51
8 78 72 62 59
9 88 81 70 66
NOTES: "L"

1. LAPS SHOWN IN THIS TABLE ARE CLASS B, CATEGORY 3 TYPE SPLICES. LAP LENGTH IS BASED UPON SMALLER OF TWO BARS BEING SPLICED WHEN NOT THE SAME SIZE.

2. INCREASE LAP LENGTHS BY A FACTOR OF 1.3 FOR HORIZONTAL REINFORCEMENT SO PLACED THAT MORE THAN 12 INCHES OF CONCRETE IS CAST IN THE MEMBER BELOW THIS REINFORCEMENT d12d OR 1'0" MIN.
4d OR
5" MIN.

D
d 1-1/2d CLEAR OR WIRE TIE TOGETHER
LAP PER 3 6d OR 4" MIN.
d
4d
90° BEND 180° HOOK

LAP AND OFFSET STIRRUP OR TIE
D = 8d FOR #9 AND LARGER
d = 6d FOR SMALLER BARS

A B C D E F G
6" - 3/8" 1/4" 7 - 1/8" 783
A
B
C
D
F
G
E = NUMBER OF RIBS ON EACH SIDE

OF EACH FACE OF WATERSTOP
NOTES:

1. NO CENTERBULB ALLOWED IN WATERSTOP FOR VERTICAL JOINTS.

2. ALL SPLICES SHALL BE MADE IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS.

SUBMIT SHOP DRAWINGS PRIOR TO INSTALLATION OR SPLICING WATERSTOP. 1/4" CLR

ALL AROUND
FRP "EZ ANGLE"
1" DEEP FRP GRATING

FACE OF CONCRETE

GRATING LEDGER ANGLE - SEE
DETAIL 9 ON THIS DRAWING

MATCH SIZE AND SPACING OF TYP SLAB REINF

TYPICAL SLAB

REINFORCEMENT
18" x 18" x 6" SUMP

GRATING

PREMANUFACTURED METAL

CANOPY COLUMN

STEM WALL

TYP STEM WALL REINFORCEMENT
#4 @ 12"
#4 @ 12" DEEPEN BY SUMP DEPTH (MIN)

ROUGHENED JOINT

TYPICAL SLAB REINFORCEMENT - HOOK ENDS OF TOP BARS AT STEMWALL #4 @ 12"
#4 @ 12" EW
#4 @ 12" 1'-6.5"± (3 EQ STEPS)
11" TYP

CONCRETE

LANDING
#5 NOSING BAR 2" CLR 3" CLR
4" SCH 80 PVC DRAIN

PIPE THROUGH

CONCRETE STAIRS

PREMANUFACTURED CANOPY COLUMN BEYOND
#4 @ 12"
#4 @ 12"
#4 @ 12" w/ REBAR COUPLER
#4 @ 12"
#4 @ 12"

BASE PLATE
1/2" DRYPACK
4 -5/8" DIA SS
ANCHOR BOLTS, 6"

MIN EMBED

ALUMINUM HANDRAIL - SEE

MECHANICAL DRAWINGS
CONCRETE STAIR TREAD 3'-0"
#4 @12"
#4 @ 12"
SEE DETAIL 7 THIS SHEET FOR HANDRAIL
#4 @ 12"
CLR
2"
1" TYP 2" CLR TYP 8" MIN
12"
MIN
8"
MIN

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
D. KUANG T. NGUYEN

STRUCTURAL DETAILS
S-6
11 9

TYPICAL FOOTING EXCAVATION
SCALE: NTS
1 - TYPICAL BAR BENDS
SCALE: 1/2" = 1'-0"
2 - CONCRETE LAP SPLICE SCHEDULE
SCALE: 1/2" = 1'-0"
3 - STEM WALL CORNER

REINFORCEMENT
SCALE: 1" = 1'-0"
4 -

SECTION
SCALE: 3/4" = 1'-0"
6 - HANDRAIL
SCALE: 3/4" = 1'-0"
7 - SUMP DETAIL
SCALE: 1" = 1'-0"
8 -

GRATING LEDGER
ANGLE
SCALE: 1 1/2" = 1'-0"
9 - TYPICAL STARTER WALL
SCALE: NTS
10 - WATERSTOP
SCALE: NTS
11 -

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

CONSTRUCTION NOTES

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
N
B. PAINE D. LAFRANCE

CHEMICAL TANKS ENCLOSURE PLAN
M-1
12 9
PLAN
SCALE: 3/4" = 1'
A
M-2
BM-2
0 1' 2' 3' 4'
SCALE: 3/4" = 1'-0"

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
N
B. PAINE D. LAFRANCE

CHEMICAL TANK ENCLOSURE SECTIONS
M-2
13 9

SECTION
SCALE: 3/4" = 1'

CONSTRUCTION NOTES

SECTION
SCALE: 3/4" = 1' A
M-1
B
M-1
0 1' 2' 3' 4'
SCALE: 3/4" = 1'-0"

CONSTRUCTION NOTES

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
N
B. PAINE D. LAFRANCE

CHEMICAL FEED SYSTEM PLAN
M-3
14 GENERAL NOTES
9 PLAN
SCALE: 3/4" = 1'
A
M-4
BM-4
0 1' 2' 3' 4'
SCALE: 3/4" = 1'-0"

DRAWN BY APPROVED

DESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
B. PAINE D. LAFRANCE

CHEMICAL FEED SYSTEM SECTIONS
M-4
15 GENERAL NOTES
9 CONSTRUCTION NOTES

SECTION
SCALE: 3/4" = 1'
A
M-3

SECTION
SCALE: 3/4" = 1'
B
M-3
0 1' 2' 3' 4'
SCALE: 3/4" = 1'-0"

1 - NOT TO SCALE
PIPE SUPPORT 2
- NOT TO SCALE
TANK SIGN 3
-
NOTES:

SODIUM HYPOCHLORITE

12.5% CORR/OHH

NOT TO SCALE
SODIUM HYPOCHLORITE INJECTION5
-

NOT TO SCALE
TANK AIR VENT 4
-
NOTES:

NOT TO SCALE

EYEWASH STATION
RED

FLAMMABILITY
0 WHITE

SPECIAL
W OR
DX
1 YELLOW

INSTABILITY
1 BLUE
HEALTH
2 NOTES:

NOT TO SCALE
HAZARD IDENTIFICATION SIGN 7
NOT TO SCALE - NFPA SIGN 6
-

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
B. PAINE D. LAFRANCE
MECHANICAL DETAILS - 1
M-5
16 9

NOT TO SCALE
METERING PUMP SCHEMATIC 2
-

CONSTRUCTION NOTES

NOT TO SCALE
CHLORINE ANALYZER SCHEMATIC1
-
CONSTRUCTION NOTES GENERAL NOTES:

NOT TO SCALE
STANCHION SUPPORT FOR ENCLOSURE3
-

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
B. PAINE D. LAFRANCE
MECHANICAL DETAILS - 2 M-6
17 9

(CS)
(CS)
X
X
X
X

X X X X
X
X

X X X X
X
X
X
X

KEY NOTES

ELECTRICAL SITE PLAN
SCALE: 1" = 60' DRAWN BY APPROVED

DESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
A. RANDALL D. LAFRANCE

ELECTRICAL PLAN
E-1
18 1
E-2
N
0 0 1" 2"
30' 60' 120'
9 1
E-3

PLAN
SCALE: 1" = 1' - 0"

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
MP-1
MP-2
SCALE: 1" = 1'- 0"
0 1 2 4
N
A. RANDALL D. LAFRANCE
ELECTRICAL DETAIL PLAN -1
E-2
19 SUBTOTAL WATTS
RECEPTACLE*
LIGHTING (EXTERIOR/INTERIOR)*
EW-1 CONTROL CIRCUIT*

EXISTING MINI POWERZONE
3 5
1 1196 SUBTOTAL WATTS

BREAKER
6 4
2 696

LOAD (WATTS)
A B
EXHAUST FAN*
3075
2895 AIR CONDITIONER*
SPARE
SPARE 7
9 10
8 SPARE
11 12 SPARE
LCP
LP-1
VOLTAGE:

PHASE:

WIRES
AMPS:
120/240V
1Ø
3W
60A
SOURCE:

PANEL LOCATION:

FAULT CURRENT:

DP-1

INSIDE WELL BLDG
10KAIC BRACED
M.L.O M.C.B 60A, 2P
AIR CONDITIONER + RECEPTACLE
LIGHTING + RECEPTACLE 13 14
AE/AIT-115
SPARE
BKR.

NO
BKR.

NO POLE POLE LGT. REC. OTHER

BREAKER

LOAD (WATTS) OTHER
A B REC. LTG.
6 2
1000
1080
720
2440 1620 0 0
1 1
1 1
15 20
20 2
2 1
1 25
15 20
20 MAX COMM. PHASE AMPS

TOTAL CONNECTED KVA

TOTAL DEMAND KVA

TOTAL AMPS

TOTAL WATTS A PHASE

TOTAL WATTS B PHASE
3636
4695
35 8.3

8.3 34.7
720
500
200

ELECTRICAL SYMBOLS

ELECTRICAL ABBREVIATIONS
NOTES
1 9
*EXISTING LOADS
1 6 540

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X

X X X X X X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
PLAN
SCALE: 1" = 1' - 0"

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
T-1 T-2
SCALE: 1" = 1'- 0"
0 1 2 4 N
A. RANDALL D. LAFRANCE
ELECTRICAL DETAIL PLAN - 2
E-3
20 ELECTRICAL SYMBOLS

ELECTRICAL ABBREVIATIONS
9

INPUT/OUTPUT INTERFACE SYMBOLS

INSTRUMENT TAG IDENTIFICATION

GENERAL NOTES

LINE SYMBOLS

PROCESS AND SIGNAL

DEVICE SYMBOLS

MECHANICAL EQUIPMENT SYMBOLS

SYMBOLS

VALVE AND ACTUATOR

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE
INSTRUMENTATION LEGEND N-1
21 K. RAITHATHA D. LAFRANCE
9

PLC-01
HS
111A
YIR
111B
YAR
103A

YAR HMI
917
AIR
115
AIK
115
YAR
111C
YIR
111D
SIK
111
SIR
111
HS
112A
YIR
112B
YAR
112C
YIR
112D
SIK
112
SIR
112
YAR
101A
YAR
101B
YAR
103B
LAH
105

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE

CHEMICAL FEED SYSTEM P&ID
N-2
22 K. RAITHATHA D. LAFRANCE
9

FLOW SWITCH DETAIL 2
SCALE: NONE
2" PIPE STAND ZINK METALLIZED,
O'BRIEN MODEL FP52, OR EQUAL.

FINISH
GRADE
1"GROUT
3/8" x 4" 316 SST BOLTS OR
WEDGE ANCHOR. TYP OF 4
WIRE MESH 2"
18"SQ. X 4" THICK CONCRETE
PAD 40"
SST PULLBOX (NOTE 2)

UNISTRUT
(NOTE 2)

CONDUIT

TO PANEL

PIPE CLAMP
TUBING

FROM METERING
PUMP

TO INJECTION
~ QUILL
TUBING

FLOW ADAPTER

FLOW SWITCH

MFG CABLE
1/2" PVC BALL
VALVE
1/2"x1/2"x1/8" PVC TEE
NOTES

1. UNLESS OTHERWISE NOTED, ALL
HARDWARE SHALL BE 316 SST.

2. SECURE TO PIPE STAND USING
U-BOLTS.

RELAYS

CIRCUIT BREAKER & DC POWER SUPPLY

DUPLEX OUTLET
HMI

FIELD TERMINALS

CONTINUOUS HINGE

REAR SUB-PANEL
PANEL NAMEPLATE.

SEE NOTE 2 FOR

ENGRAVING

DATA POCKET
HMI
PLC

FLUORESCENT LAMP
12" 24" 30"
NEMA 12

ENCLOSURE
PLC-01 PANEL 1
SCALE: NONE

SINGLE PIECE LEVEL

TRANSMITTER

FLEXIBLE CONDUIT

W/CABLES
2" NPT
FLANGE
TO PLC-01
TANK
ULTRASONIC TANK LEVEL SENSOR MOUNTING 3
SCALE: NONE

DRAWN BY APPROVEDDESIGNED BY CHECKEDSCALE DATE JOB NUMBERDRAWING NUMBER

GROUNDWATER EXTRACTION AND TREATMENT SYSTEM COMBINED REMEDY SOURCE

AREA OPERABLE UNIT, ROCKETS, FIREWORKS, AND FLARES SUPERFUND SITE

CHLORINATION SYSTEM INSTALLATION
999 TOWN & COUNTRY ROAD
ORANGE, CA 92868
TEL (714) 567-2400
FEBRUARY 2020

AS SHOWN
J. ZIMMERLE 60438759

AS SHOWN
J. ZIMMERLE

INSTRUMENTATION DETAILS
N-3
23 K. RAITHATHA D. LAFRANCE
9

23152.08101\33402381.1
Amendment to Four Party Implementation Agreement
(Regarding Contingent Water Supply to Colton)
This Amendment amends the Four Party Implementation Agreement made and entered into effective September 1, 2015, by and between Emhart, Rialto, Colton, and the County (“4- Party IA”) to set forth the procedures and process to minimize or eliminate any disruption of distribution of domestic water supply through the Rialto municipal water system to Colton in the event of an interruption of operation of the Combined Remedies.

Recitals
Whereas, terms defined in the 4-Party IA and used in this Amendment shall have the meanings set forth in the 4-Party IA.

Whereas, to facilitate operation of the Combined Remedies, Colton has leased its water rights in the Basin to Emhart and the County, and Rialto has leased certain of its water rights in the Basin to the County, as described in Paragraph V. of the 4-Party IA.

Whereas, as set forth in the 4-Party IA, upon startup, the Combined Remedies will pump water from the Basin, treat that water at the Combined Treatment Plant to remove perchlorate and VOCs, and deliver the treated water to Rialto.

Whereas, Rialto will receive all water treated by the Combined Treatment Plant, and deliver to Colton a volume of water equivalent to the Colton Water Rights utilized by the County and Emhart at the Combined Treatment Plant.

Whereas, Paragraph V.B.1.b. of the 4-Party IA provides that “Colton shall, at Emhart’s request, take all reasonable actions to manage its municipal water supply system, including if necessary, curtailing production at other Colton-owned water production wells in the Basin, to ensure that its water rights leased to Emhart as provided in [4-Party IA] Paragraph V can be utilized for the Work.”
Whereas Paragraph III.A.2. of the 4-Party IA provides that, subject to the terms of the Work Consent Decree, Emhart is responsible, inter alia, for the cost of the design, permitting, installation, and/or construction of the additional piping and infrastructure necessary to deliver water to the Colton municipal water supply system pursuant to Emhart's lease of Colton Water Rights either through the existing Rialto municipal water supply system or by some other means agreed to by the Parties in writing.

Whereas, Colton has leased its Colton Water Rights in the Basin to the County and Emhart as set forth in Paragraph V. of the 4-Party IA, and if Emhart and the County use the maximum amount of those Colton Water Rights for the Combined Remedies, Colton would have to stop pumping water from its Well Nos. 15 and 17, both of which have been impacted by perchlorate and are connected to a resin treatment system (the “Domecq Treatment System”) that removes perchlorate prior to distributing the pumped water to Colton’s water system.

2 Whereas, Well Nos. 15 and 17 are among the primary water supply wells for the Western Zone of Colton’s water system.

Whereas, in the event of an interruption or disruption to water delivered from Rialto to Colton, unless Colton takes steps, such as using water rights it would otherwise lease to Emhart, to keep the Domecq Treatment System on standby, Colton cannot immediately restart Well Nos. 15 and 17.

Whereas, due to health and safety considerations, Colton does not intend to cease pumping and treatment operations at Well Nos. 15 and 17 unless there is an adequate contingent water supply that can supply the water needs of Colton’s Western Zone in the event of an interruption or disruption to the operation of the Combined Treatment Plant or the distribution of water supply from Rialto to Colton.

Whereas, the Parties desire to provide procedures and process for the continued delivery of domestic water supply from Rialto to Colton in the event of an interruption or disruption to the operation of the Combined Remedies.

Amendment
Now, therefore, in consideration of the terms, conditions and mutual covenants contained herein, the sufficiency of which are hereby acknowledged, the Parties agree to amend the 4-Party IA as follows:

1. Defined Terms. Terms defined in the 4-Party IA and used in this Amendment shall have the meanings set forth in the 4-Party IA.

2. Backup Water Supply and Priority. In the event that an interruption or disruption of the operation of the Combined Remedies threatens to impact Rialto’s ability to supply water to Colton on a schedule that will meet Colton’s minimum water needs as set forth in the operative Water Management Plan, subject to ongoing adjustment as set forth in Paragraph VI. of the 4- Party IA, the adjustment of which shall not be unreasonably denied, either Rialto, as operator of the Combined Remedies, or Colton shall promptly notify the Parties, and the Parties shall take steps to deliver water to meet Colton’s minimum water needs in the following order:
(a) Emhart and County’s Option to Provide Alternative Backup Water.

Depending on the nature of the interruption or disruption to the Combined Remedies operation, the County and Emhart may direct pumping from Rialto-3, Miro-2, Miro-3, or EW-1, using Colton Water Rights, and Rialto shall deliver to Colton a volume of water equivalent to such supplemental pumping volume pursuant to Paragraph VI. of the 4-Party IA. (b) Rialto Well No. 5. To the extent that the County and Emhart do not take the actions pursuant to Paragraphs 2.(a) or the actions taken are not sufficient to meet Colton’s minimum water needs, Rialto will continue to deliver water to Colton, as necessary to meet Colton’s minimum water needs, via the Randall Connector, and supplement water supply in the Rialto municipal water supply system by pumping an equivalent volume of water

3 from its well, known as Rialto Well No. 5, located on Etiwanda Avenue, east of Cactus Avenue.
i. Rialto’s extraction of water at Rialto Well No. 5 and delivery of water to Colton via the Randall Connector, as required by Paragraph

2.(b), shall be pursuant to Colton Water Rights and any such extraction shall reduce the water rights leased by Colton to Emhart, as set forth in Paragraph V. of the 4-Party IA.
ii. The Parties recognize and acknowledge that Colton Water Rights are subject to the 1961 Decree and the 4-Party IA, and the exercise of Colton’s Water Rights by Rialto and Emhart combined shall not exceed the amount of rights available as set forth in Paragraph V. of the 4-Party IA. To the extent the exercise of Colton Water Rights exceeds the amount Colton can pump without any penalties, fines, or assessments under the 1961 Decree, the Party(ies) responsible for the exceedance shall be liable for any penalties, fines, or assessments Colton would otherwise have to pay for exceeding its water rights.
iii. Rialto will deliver to Colton a volume of water equivalent to the volume pumped at Rialto Well No. 5 using Colton Water Rights at cost. Such cost shall be calculated based on Rialto’s cost of operating Rialto Well No. 5 and any related lifting and/or chemical cost for treating water delivered to Colton.
iv. If Rialto Well No. 5 is not operable or cannot supply sufficient water to meet Colton’s domestic water needs, Rialto shall provide notice to Colton and proceed to deliver water to Colton pursuant to Paragraph 2.(c).
(c) Baseline Feeder. If (i) Rialto Well No. 5 is not operable, (ii) Colton notifies Rialto that Rialto cannot utilize Colton Water Rights, or (iii) Rialto Well No. 5 cannot supply sufficient water to meet Colton’s minimum water needs, Rialto shall continue to deliver water to Colton via the Randall Connector, as necessary to meet Colton’s minimum water needs, and take delivery of an equivalent volume of water from its “Baseline Feeder” connection by utilizing Rialto’s water rights in the Bunker Hill Basin. The Baseline Feeder is operated by San Bernardino Valley Municipal Water District and provides fully treated water pumped from two wells in the Bunker Hill Basin.

Rialto will sell the water delivered to Colton pursuant to Paragraph 2.(c) at cost. Such cost shall be calculated based on the amount Rialto would have to pay to utilize the Baseline Feeder for itself and any related lifting or replenishment cost for treating water to facilitate water delivery to Colton.

As of 2020, the cost to Rialto for using water from the Baseline Feeder is

4 approximately $155 per acre-foot, including both cost per acre-foot of water and replenishment costs. This cost may change in the future. In lieu of paying this cost, Colton has the option of transferring its water rights in the Bunker Hill Basin in amount equal to the amount of water delivered to Colton pursuant to this Paragraph 2.(c) and paying any additional lifting costs necessary to pump and deliver Colton’s water from the Bunker Hill Basin to Colton’s municipal water system.

If the “Baseline Feeder” connection is insufficient to satisfy Colton’s water needs, Rialto shall provide notice to Colton and proceed to deliver water to Colton pursuant to Paragraph 2.(d).
(d) Encanto Connection. Rialto has a connection at Encanto through the City of San Bernardino’s water system. If the sources identified in Paragraphs

2.(a) through (c) above are insufficient to satisfy Colton’s minimum water needs, Rialto will continue to deliver water to Colton, as necessary to meet Colton’s minimum water needs, via the Randall Connector, and supplement water supply in the Rialto municipal water supply system by utilizing the Encanto connection. Rialto shall deliver such water to Colton at cost, currently estimated to be $227 per acre-foot. This cost may change in the future.
(e) If the sources identified above are insufficient to satisfy Colton minimum water needs, Rialto, Colton, the County, and Emhart shall meet and confer in good faith to assure Colton’s water supply. If Rialto supplies the water, it shall do so at cost.
(f) Upon notice from Rialto that the disruption or interruption of the Combined Remedies has been resolved, normal operation pursuant to the operative Water Management Plan shall resume, provided that the Water Management Plan shall be updated to reflect the amount of Colton Water Rights already exercised pursuant to Paragraphs 2.(a) and (b) above.

3. Colton’s Determination of Water Needs. In determining the amount of water Rialto is to supply to Colton for purposes of backup water pursuant to Paragraph 2. above, Colton shall, within its reasonable discretion, determine whether it can reduce the water needed from Rialto by management of Colton’s municipal water supply system. Nothing in this amendment modifies Paragraph V.B.1.b. of the 4-Party IA.

4. Notice. Due to urgency concerns related to public health and safety risks caused by an interruption or disruption to water delivery, except as specifically provided otherwise, the notice described in Paragraph 2. above can be provided in writing, verbally, or via electronic mail, phone call, voicemail or any other reasonable means of communication.

5. Dispute Resolution. Any dispute regarding this amendment that is not resolved by the good faith negotiation set forth in Paragraph 2.(e) above shall be resolved pursuant to Paragraph XII of the 4-Party IA.

5 FOR EMHART INDUSTRIES, INC.:

By: ______________________________
Emhart Industries, Inc.

Date: _____________________________
FOR THE CITY OF RIALTO:

By: ______________________________
City of Rialto
Date: _____________________________
FOR THE CITY OF COLTON:

By: ______________________________
City of Colton
Date: _____________________________
FOR THE COUNTY OF SAN BERNARDINO:

By: ______________________________
County of San Bernardino
Date: _____________________________

2015 San Bernardino Valley RUWMP
Appendix H

ECORDED PLEASE RETURN TO
an Bernardino Valley
Water Conservation District
303 Brookside Avenue 1 RECORDED IN OFFICIAL RECORDB
Redlands CA 92373
SEP O 1970 AT 8 AM

V DENNIS WARDLE

CIERK RECORDER
BERItI DINO OOUI IYOAUF

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

oo90082

TABLE OF CONTENTS
1 RECITALS 1
2 DEFINITIONS 2
a Entity 2
b Eligible Entity 2
c Party 2
d Management Committee 2
e Project Manager 2
f Import Water 2
g
Local Water 2
h Entitlement Water 2
i Exchange Water 2
j
Simultaneous Exchange 2
k Deferred Exchange 3
I Deferred Exchange Water redit 3
m Supplemental Water 3
n Cooperative Water Project Facilities 3
o Associated Water Facilities 3
p Cooperative Water Project 3
q
Historical COnditions 3
r Edison Company 3
s Year 3
t State Contract 3
3 ELIGIBLE ENTITIES 3
a Bear Valley Mutual Water Company 3
b City of Redlands 3
c Crafton Water Company 4
d East San Bemardino County Water District 4
e Lugonia Water Company 4
f North Fork Water Company 4
g Redlands Water Company 4
h San Bernardino Valley Municipal Water District 4
i San Bernardino Valley Water Conservation District 4
j Yucaipa Valley County Water District 4
4 CONSTRUCTION OF COOPERATIVE WATER PROJECT FACILITIES 4 5 DELIVERY PROVISIONS 5
a General 5
I
b Import Water 6
c Exchange Water nlul pie er talWater 6
d Use of Cooperative Water Project Facilities to Convey Entitlement Water 6
e Local Water 7
f Deferred Exchange Water 7
g
Priorities 7
h Instructions 8
i

oo9008 3
6 MANAGEMENT 8
a Management Committee 8
b Project Manager 9
c
Administrative Expenses 9
7 OWNERSHIP AND OPERATION OF FACILITIES 9
8 WATER QUALITY 10
9 RECORDS 10
10 EDISON COMPANY AGREEMENTS 11
11 SHORTAGE OF SUPPLY OR TEMPORARY REDUCTION
OR CESSATION OF DELIVERIES 11
a Scheduled Shutdowns 11
b
11 Interruption of Service
c Temporary Discontinuance 11
d Continuity of Service 12
12 BREACH 12
a Right to Revert to Historical Conditions 12
b Preliminary Determination of Serious Breach
c Rights to Judicial Relief Unaffected by Preliminary i3e ena ioni i 12 13 WITHDRAWAL FROM THE COOPERATIVE WATER
PROJECT AGREEMENT 12
14 PROVISIONS WITH RESPECT TO PRESERVATION TRANSFER
CONDEMNATION AND DEFENSE OF WATER RIGHTS 13
a Non Use of Water 13
b Transfer 13
c Rights 13
d Condemnation 13
e Defense 13
f Covenant and Lien 14
g
Successors and Assigns 14
h
14 15 USE OF COOPERATIVE WATER PROJECT FACILITIES FOR DELIVERY OF WATER BY VALLEY DISTRICT 14
a Use of Facilities 14
b Sen Gorgonio Pass Water Agency 14
16 WATER CHARGES AND PAYMENT PROVISIONS 15
a Charge for Supplemental Water 15
b Simultaneous Exchange Water Charge 16

o9005 4
c Deferred Exchange Water Charge 16
d Charges for Conveyance of Entitlement Water tluh
Cooperative Water Project Facilities 16
e Provisions of Payment 17
17 ADDITONAL PARTIES 17
18 AMENDMENTS 17
19 OPINIONS AND DETERMINATIONS 17
20 NOTICE 17
21 APPROVALS REQUIRED EFFECTIVE DATE
AND MECHANICS OF EXECUTION 18

EXHIBIT A ENTITLEMENTS TO WATER

EXHIBIT B ENTITLEMENT WATER MAXIMUM INSTANTANEOUS RATES

OF FLOW AND DELIVERY POINTS

EXHIBIT C DETERMINATION AND MEASUREMENT OF EXCHANGEABLE WATER

EXHIBIT D FACILITIES TO BE CONSTRUCTED AS THE FIRST INCREMENT

OF THE COOPERATIVE WATER PROJECT

PLATE I CONCEPTUAL PLAN OF COOPERATIVE WATER PROJECT

FACILITIES AND ASSOCIATED WATER FACILITIES
PLATE 2 PLAT SHOWING EXISTING WATER DIVERSl0N FACILITIES

NEAR MOUTH OF SANTA ANA CANYON
PLATE 3 PLAT SHOWING EXISTING WATER DIVERSION FACILITIES

NEAR MOUTH OF MILL CREEK CANYON

oo9008 5

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
This Agreement is concluded by and between the Parties hereto to provide for the efficient and economical use of Local and Import Water supplies and shall be known as The Cooperative Water Project Agreement hereinafter sometimes referred to as Agreement
1 RECITALS
The Eligible Entities as hereinafter defined other than the San Bernardino Valley Municipal Water District have water rights including in certain cases water rights on the Santa Ana River and on Mill Creek and have in many cases for over seventy years exercised those water rights for the purpose of supplying water to the water users of their respective Entities Such Entities also have existing facilities which they have used for the development diversion and transmission of water from their respective sources of supply
The San Bernardino Valley Water Conservation District has been engaged for many years in conserving and spreading water from the Santa Ana River and Mill Creek for the purpose of groundwater replenishment pursuant to rights which it holds for such purpose
The San Bernardino Valley Municipal Water District has a contract with the State of California Department of Water Resources pursuant to the State Water Project under which it is importing a water supply into the San Bernardino Valley Said District is presently engaged in the construction of local distribution facilities to make Import Water available for direct delivery including groundwater recharge Pursuant to engineering studies which indicate that all of the Eligible Entities as defined herein will benefit from a cooperative water supply plan it is the desire of the Parties to provide for the Parties beneficial use of existing Local Water and of the available Import Water supply on an integrated basis utilizing various exchanges and transfers in order to provide the most economical efficient and dependable supply possible at a minimum of expense to water users and the taxpayers and to conserve energy The studies indicate that the plan is of mutual benefit to all of the Eligible Entities and that

there will be no adverse effects or penalties to any of them or to other Entities not signatory to this Agreement
2 DEFINITIONS
As used herein the following terms shall have the meanings set forth below a Entity An individual partnership corporation including a mutual water company or public agency
b Eligible Entity Any Entity eligible to become a Party hereto as set forth in Section 3 below
c Party Any Eligible Entity signatory to this Agreement in accordance with its terms and conditions
d Management Committee The committee comprised of one representative from each Party to this Agreement
e Project Manager The San Bernardino Valley Water Conservation District or any other public agency appointed by the Management Committee and approved by the San Bernardino Valley Municipal Water District acting under the supervision of the Management Committee
f Import Water Water imported by and belonging to San Bernardino Valley Municipal Water District pursuant to its contract with the State of California Department of Water Resoumes from the State Water Project
g Local Water All water supplies except Import Water available to an Entity h Entitlement Water Local Water to which a Party has an entitlement as described in Exhibit A which water rights are not necessarily any Party stotal claim to water rights in the respective soume listed This definition is solely for purposes of this Agreement and not for the purpose of defining orestablishing water rights with respect to any Party
i Exchange Water Local Water or Import Water delivered to a Party in exchange for Entitlement Water The quantity of Exchange Water delivered to a Party plus Deferred Exchange Water Credits earned by a Party shall be equal to the quantity of that Party sEntitlement Water delivered to and used by the Management Committee j Simultaneous Exchange Delivery of Exchange Water substantially at the same time the Party s Entitlement Water is being delivered to others Unless otherwise provided in the rules adopted by the Management Committee delivery of Simultaneous Exchange Water shall be at the same rate of flow and completed within 24 hours of the delivery of Entitlement Water
2

oo9008
k Deferred Exchange Delivery of Entitlement Water to others for a future delivery of Exchange Water Deferred Exchange shall be made only as provided in Section 5f below
I Deferred Exchange Water Credit A water credit for the quantity of Entitlement Water delivered to others in a Deferred Exchange m Supplemental Water Any water requested by and delivered to a Party other than said Party s
Entitlement Water or Exchange Water
n Cooperative Water Project Facilities Certain facilities constructed or to be constructed and owned and maintained by San Bernardino Valley Municipal Water District which shall be operated by the San Bernardino Valley Municipal Water District in accordance with the Project Manager sinstructions to effectuate this Agreement subject to the provisions of Section 15 These facilities are shown conceptually on Plate I herein o Associated Water Facilities Water facilities at or near the mouth of Santa Ana Canyon and Mill Creek owned by various Parties to this Agreement which shall be operated bY the owners thereof in accordance with the Project Manager sinstructions to effectuate this Agreement as shown generally on Plates 2 and 3 herein p Cooperative Water Project Those facilities and the operational plan defined herein that permit the substitution of Exchange Water for Entitlement Water q
Historical Conditions Methods and facilities used to take Entitlement Water into the respective distribution systems of the Parties prior to construction of the Cooperative Water Project Facilities
r Edison Company The Southern California Edison Company a corporation organized under the laws of the State of California
s Year A calendar year unless specified otherwise
t State Contract Contract between the State of California Department of Water Resources and the San Bernardino Valley Municipal Water District for a Water Supply dated December 30 1960 and all amendments thereto heretofore or hereafter concluded
3 ELIGIBLE ENTITIES
The following Entities shall be eligible to become Parties to this Agreement a Bear Valley Mutual Water Company amutual water company hereinafter referred to as Bear Valley
b City of Redlands a municipal corporation hereinafter referred to as Redlands

c Crafton Water Company a mutual water company hereinafter referred to as Crafton
d East San Bernardino County Water District a county water district organized and existing under the County Water District Law Water Code Sections 30000 Bernardmo VL
et seq hereinafter referred to as East San
e Lugonia Water Company a mutual water company hereinafter referred to as Lugonia
f North Fork Water Company a mutual water company hereinafter referred to as North Fork
g Redlands Water Company a mutual water company hereinafter referred to as Redlands Water
h San Bernardino Valley Municial Water District a municipal water district organized and existing under the Municipal Water District Law of 1911 Water Code Sections 71000 et seq hereinafter referred to as Valley District i San Bernardino Valley Water Conservation District a water conservation district organized and existing under the Water Conservation District Law of 1931 Water Code Sections 74000 et seq hereinafter referred to as Conservation District j Yucaipa Valley County Water District a county water district organized and existing under the County Water District Law Water Code Sections 30000 et seq hereinafter referred to as Yucaipa District
4 CONSTRUCTION OF cOOPERATIVE WATER PROJECT FACILITIES
Subject to availability of funds to budgetary supply and construction restraints and to obtaining necessary approvals permits and agreements Valley District shall design and construct the Cooperative Water Project Facilities so as to provide for delivery of water at the maximum flow rates and at the delivery points hereinafter specified Each of the Parties shall have reasonable opportunity to inspect and study the Valley District s plans and specifications for all Cooperative Water Project Facilities during the planning stage and prior to the solicitation of bids for the construction thereof and may make comments and recommendations thereon to Valley District Valley District shall make all reasonable efforts to commence construction of the first increment of the Cooperative Water Project Facilities which consist of the facilities listed in Exhibit D on or before

oo90089
April 1 1977 and bring the first increment to completion with reasonable diligence thereafter Construction of additional increments will be scheduled by Valley District on a basis of need to meet water demands as determined by Valley District in consultation with the Management Committee The obligations of Valley District hereunder shall be subject to the following specific conditions
a Facilities shown on Exhibit D which are required exclusively or primarily to deliver water to an Eligible Entity which does not become a Party to this Agreement by the effective date of this Agreement need not be built as a part of the first increment of the Cooperative Water Project Facilities nor at any subsequent time until the Eligible Entity shall become a Party
b The construction of facilities which would be physically legally or economically usable only in the event of the conclusion of the agreement with Edison Company provided for in Section 10 hereof shall be contingent upon the satisfactory conclusion of such an agreement
c The construction of facilities which are subject to arequirement of obtaining an approval or permit either for the construction of or for the use of such facilities shall be contingent upon obtaining such approval or permit in form satisfactory to Valley District Valley District shall attempt to obtain all necessary approvals and permits with reasonable diligence
d Valley District with the advice of the Management Committee will schedule the construction of the facilities listed in Exhibit D to keep expenditures within the funds available to Valley District for construction of said facilities 5 DELIVERY PROVISIONS
a General
Subject to the delivery of Exchange Water by the Management Committee to replace any Entitlement Water delivered pursuant hereto each of the Parties having Entitlement Water hereby makes available to the Management Committee said Party s supply of Entitlement Water fordelivery and use pursuant to the terms of this Agreement East San Bemardino hereby makes available to the Management Committee for exchange water it is entitled to receive from North Fork by virtue of its ownership of North Fork stock However at such time as North Fork becomes a Party to this Agreement East San Bernardino shall no longer be required to make the water from its stock ownership in North Fork available for exchange

The Management Committee may cause delivery of water to be made to any Party entitled to and or requesting said delivery from any source available to the Management Committee In exercising its discretion hereunder the Management Committee shall act on the basis of securing the maximum efficiency and economy in the use of the Local and Import Water supplies available to it
All water deliveries shall be subject to
1 Rules and regulations adopted by the Management Committee 2 Scheduling requirements of the Management Committee
3 Payment of any charge imposed therefor
4 Limitations of available water supplies and capacity in the delivery facilities including Valley District sFoothill Pipeline b Import Water
Valley District hereby makes Import Water available to the Management Committee as scheduled for delivery and use as Exchange Water and Supplemental Water subject to the availability of Import Water from the State Water Project the equal rights of others within the boundaries of Valley District to receive Import Water requirements for water service other than pursuant hereto all of the requirements imposed by Valley District scontract with the State of California Department of Water Resources and all applicable laws and regulations of water service
c Exchange Water and SuPplemental Water
The Management Committee shall cause to be delivered to each of the Parties Exchange Water to replace any Entitlement Water made available by such Party and used by the Management Committee by Simultaneous Exchange unless otherwise scheduled by the Party concerned and approved by the Management Committee Exchange Water shall be delivered to each of the Parties at the points and up to the maximum instantaneous rates of flow specified in Exhibit B
In addition to such deliveries the Management Committee Shall schedule Supplemental Water deliveries to any Party requesting the same d Use of Cooperative Water Project Facilities to Convey Entitlement Water A Party may request from the Management Committee delivery of ny portion of its Entitlement Water through the Cooperative Water Project Facilities subject to availability of capacity in said facilities and to scheduling limitations

Nothing in this Agreement shall be construed as authorizing the transport of Entitlement Water outside the boundaries of Valley District without prior approval of the Management Committee however in the case of a Party whose own boundaries extend beyond the boundaries of Valley District that Party may transport Entitlement Water anywhere within its own boundaries
e Local Water
The Management Committee shall cause to be delivered to Valley District upon request Local Water if made available by a Party or Parties at flow rates times and at the delivery points specified by Valley District to the extent possible using Cooperative Water Project Facilities subject to Valley District delivering to the Management Committee an equal quantity of Import Water at the flow rates times and to delivery points as required to permit the Management Committee to make said delivery of Local Water to Valley District
f Deferred Exchange Water
All Parties with Deferred Exchange Water Credits shall be entitled to receive Deferred Exchange Water for such credits upon request A Party s Deferred Exchange Water Credits shall be utilized by said Party within a two year period subsequent to the accumulation of Deferred Exchange Water Credits unless approved otherwise by the Management Committee
g
Priorities
After provision for deliveries is made to Valley District and the San Gorgonio Pass Water Agency pursuant to Section 15 of this Agreement then in case of scheduling water availability or facility constraints in any portion of the Cooperative Water Project Facilities water deliveries in such portion shall be scheduled by the Management Committee on the following basis
1 First priority shall be given to Simultaneous Exchange Water 2 Second priority shall be given to Deferred Exchange Water 3 Third priority shall be given to Supplemental Water
4 Fourth priority shall be given to Entitlement Water delivered through Cooperative Water Project Facilities
5 Fifth priority shall be any use of the Cooperative Water Project Facilities by parties other than Eligible Entities

h Instructions
The Project Manager shall issue all instructions as directed by the Management Committee necessary to deliver water under the terms of this Agreement to the Parties using the Cooperative Water Project Facilities and the Associated Water Facilities
6 MANAGEMENT
a Management Committee
A Management Committee comprised of one person representing each of the Parties is hereby established
1 Duties The Management Committee shall be responsible for a Setting operating rules regulations and policies not covered herein
b Approving or disapproving requests for scheduling deliveries of water
c Supervising the work of the Project Manager
d Assisting in resolving disputes between Parties and
e Advising Valley District on pertinent design construction operations and pricing policies
2 Appointments and Terms Each of the members of the Management Committee shall be appointed by the Party he represents and shall serve at the pleasure of the appointing Party for a period of four 4 years and or until appointment of a replacement Notice of appointments shall be filed with the Project Manager Members shall receive no compensation for their services provided that in each case the appointing Party may provide such compensation as it deems appropriate 3 Quorum and Vote Required for Action A majority of the members of the Management Committee not in default of this Agreement shall constitute a quorum for the transaction of business and the vote of a majority of all of the members of the Committee shall be required to take any action
4 Officers At its first meeting in each Year the Management Committee shall select a chairman and such other officers as it may require The Management Committee shall select a secretary who may be but need not be a member of the Management Committee Said secretary shall keep an accurate record of all of its proceedings
8

5 Meetings and Notices The Management Committee shall hold regular meetings at places and times to be specified in the rules to be adopted by the Management Committee Notice of the scheduled or regular meetings and of any changes in time or place thereof shall be mailed to all persons who shall have filed a request therefor in writing with the Management Committee
a Special meetings may be called at any time by the chairman or by any three 3 members of the Management Committee and
shall be noticed as required by Government Code Section 54956 b All meetings of the Management Committee shall be held in conformance with the requirements of Government Code
Sections 54950 et seq
6 Incurring of Expenses Except as herein specifically provided the Management Committee shall not be authorized to incur any expense on behalf of any or all of the Parties without the written consent of such Party or Parties b Project Manager
Subject to the supervision of the Management Committee the administration and management of the Cooperative Water Project Facilities shall be the responsibility of the Project Manager which shall act as the executive arm of the Management Committee with the duty and responsibility to implement Management Committee rules regulations and policies and to direct the rate time place and source of all water deliveries from the Cooperative Water Project Facilities and the Associated Water Facilities in accordance with the Management Committee sinstructions c Administrative Expenses
Expenses of the Project Manager and expenses of the Management Committee except compensation for the services of the Management Committee members shall be paid by Valley District Valley District spayments for these expenses shall not exceed the budgeted amount set forth in an annual agreement between Valley District the project Manager and the Management Committee without the consent of Valley District Said agreement shall include terms and conditions of payment and rates of compensation for all services to be provided under said agreement 7 OWNERSHIP AND OPERATION OF FACILITIES
Each of the Parties hereto shall retain the ownership of its own facilities together witt full responsibility for their operation maintenance and replacement The Associated

Water Facilities shall be operated in accordance with the Management Committee s instructions The Cooperative Water Project Facilities shall be operated in accordance with the Project Manager s
instructions to effectuate this Agreement subject to the provisions of Section 15
8 WATER QUALITY
All water delivered pursuant to this Agreement will be untreated and shall be of a quality suitable for its intended use it being understood that suitability is to be determined by a rational method which includes consideration of the quality of the local water used prior to the adoption and implementation of this Agreement This Agreement is adopted with the understanding that the present quality of Local Exchange Entitlement Supplemental and Import Water appears to be suitable for the intended uses Each of the Parties agrees to operate its facilities so that the quality of the water is not impaired or degraded during diversion transportation or delivery If any Party is in violation of any water quality standards imposed on said Party by any governmental agency or unit because the quality of Exchange Water being delivered to said Party is lower than the quality of said Party s Entitlement Water then said Party shall be entitled to revert to its Historical Conditions until the Exchange Water quality allows reasonable compliance with such standards
9 RECORDS
Each Party hereto shall maintain such records and shall file Such reports as may be reasonably required by the Management Committee and as may be required by law to protect any water rights affected hereby In the event any of the Parties shall fail to maintain such records the Management Committee may direct the Project Manager to estimate and maintain such records for such Party and such Party shall be charged with the cost thereof
The Project Manager shall be responsible for maintaining records on all water delivered pursuant to this Agreement
The Management Committee shall have the right to measure flows of water as needed to satisfy the provisions of this Agreement necessary access for said measurements will be provided without charge to the Management Committee by the Parties to this Agreement
10

I
00908 15
10 EDISON COMPANY AGREEMENTS
There are existing agreements between certain Parties to this Agreement and the Edison Company including but not limited to a Grant Deed from Edison Company to Crafton dated February 27 1929 and a Grant Deed from Crafton to Edison Company dated December 18 1931 Valley District shall undertake with reasonable diligence to make the new arrangements and agreements with the Edison Company Crafton and Bear Valley necessitated by the Cooperative Water Project Agreement and to use its best efforts therefor provided that any such agreement which may in any way alter modify change or affect the rights of any Party hereto under any existing agreements shall not be effective without the consent of such Party
11 SHORTAGE OF SUPPLY OR TEMPORARY REDUCTION OR CESSATION OF

DELIVERIES
a Scheduled Shutdowns
Each ofthe Parties shall notify the Project Manager of a scheduled shutdown of any facility that would cause interruption of the Cooperative Water Project b Interruption of Service
In the event of interruption of service in any portion of either the Cooperative Water Project Facilities or the Associated Water Facilities the Project Manager may to the extent possible continue limited operations and Parties whose delivery of Exchange Water has been interrupted will accrue Deferred Exchange Water Credit for such Exchange Water not delivered during the interruption of service and such Deferred Exchange Water Credit shall not be subject to the two year iimitation stated in Section 5f but shall maintain its validity until used
c
Temporary DisContinuance
If the Project Manager is unable to deliver quantities and qualities of water as provided for in this Agreement it will immediately notify all the affected Parties that the Exchange Program is going to be temporarily discontinued until delivery schedules can be met or until the cause of the interruption is remedied After receiving notice of the temporary discontinuance of the Cooperative Water Project each Party may revert to its Historical Condition When the Project Manager is again able to deliver the quantities and qualities of water as scheduled it shall immediately notify the Parties and resume deliveries 11

00908
d Continuity of Service
When it is necessary to interrupt service the Project Manager and the Parties shall cooperate to minimize the down time and to restore service to all Parties as soon as possible
12 BREACH
a Right to Revert to Historical Conditions
In addition to any other remedies provided by law in the event the terms and conditions of this Agreement are not complied with and there are no reasonable alternatives any Party adversely affected by such breach and which is not itself in default may withhold delivery of its Entitlement Water and revert to its Historical Conditions until such breach is remedied
b Preliminary Determination of Serious Breach
A preliminary determination that such a breach has occurred may be made 1 by the Party concerned with the concurrence of the Project Manager or 2 without the concurrence of the Project Manager in the manner hereinafter specified In the event a Party claims such a breach has occurred and the Project Manager disagrees the Party claiming breach has occurred shall poll other members of the Management Committee and if any other two 2 members agree that such a breach has occurred those members shall so certify to the Project Manager a breach has occurred Immediately upon any preliminary determination that such breach has occurred the Project Manager shall cause the Party claiming the breach to receive its Entitlement Water under Historical Conditions c Rights to Judicial Relief Unaffected by Preliminary Determination Nothing herein shall prevent any Party from seeking judicial relief either before or after any preliminary determination and no preliminary determination shall be binding upon or affect the rights of any Party in connection with such a judicial proceeding 13 WITHDRAWAL FROM THE COOPERATIVE WATER PROJECT AGREEMENT No Party shall be entitled to withdraw from this Agreement without the written consent of all other Parties
12

14 PROVISIONS WITH RESPECT TO PRESERVATION TRANSFER

CONDEMNATION AND DEFENSE OF WATER RIGHTS
With respect to the water rights to produce and use the Entitlement Water set forth in Exhibit A it is agreed between the Parties hereto that the following shall apply a Non Use of Water
No Party hereto will lose any such water right by non use by use by another Party by exchange or by prescription
b Transfer
Each Party hereto may sell mortgage transfer or otherwise alienate any such rights provided that in the event of any such sale transfer foreclosure or alienation of such rights the transferee shall take such rights subject to the terms and conditions of this Agreement and shall be bound thereby Prior to the consummation of any such sale transfer foreclosure or alienation the prospective transferee shall execute an instrument expressly assuming all of the obligations of the transferor under this Agreement with respect to such rights and deliver said instrument to the Management Committee Until such instrument is so executed and delivered such transaction shall be void c Rights
The execution of this Agreement by the Parties hereto shall not be construed as constituting any alteration in the respective priorities or terms of any of the rights held by any of the Parties or any admission with respect to any of the rights or claims set forth herein Between the Parties hereto the Management Committee shall consider that each Party has the rights claimed until otherwise instructed by the Party claiming such right or by the determination of the court with jurisdiction so to do d Condemnation
Each of the Parties hereto to the extent allowed by law undertakes not to condemn or take without consent of the owner thereof any water rights sources of water supply water diversion production or transmission facilities or corporate stock owned by any Party hereto which is subject to the terms of this Agreement so long as the owner thereof is not in default hereunder
e Defense
Each of the Parties hereto shall be responsible for the defense of any rights claimed or asserted by it to produce and use the Entitlement Water set forth in Exhibit A hereto As against anyone not a Party to this Agreement Valley District shall defend this Cooperative Water Project Agreement and all rights arising from it 13

oo9005 18
f Covenant and Lien
The provisions of this Agreement are hereby declared to be for the benefit of the water rights of the Parties hereto to produce and use the Entitlement Water set forth in Exhibit A Said provisions are hereby made a covenant binding upon the owners of each such water right and their successors heirs transferees and assigns for the benefit of the owners of each such other water right and their successors heirs transferees and assigns The benefits and burdens of said covenant shall run with said water rights of the Parties hereto
Each of the Parties hereto hereby grants a lien upon the said water rights to the other Parties hereto to secure its obligations hereUnder which lien shall be appurtenant to the said water rights of the other Parties heretO g Successors and Assigns
Each and all of the terms conditions and provisions hereof shall inure to the benefit of and be binding upon the Parties hereto and their respective successors heirs transferees and assigns
h None of the provisions of this Section 14 shall apply to or preclude Bear Valley from voluntarily or involuntarily transferring to Big Bear Municipal Water District free and clear of any obligations of Bear Valley under this Agreement all of the rights of Bear Valley to impound the natural water supply of Bear Valley behind Bear Valley Dam and later release such water which would otherwise flow in the Santa Ana River 15 USE OF COOPERATIVE WATER PROJECT FACILITIES FOR DELIVERY OF

WATER BY VALLEY DISTRICT
a Use of Facilities
The Cooperative Water Project Facilities shall be available to Valley District for use as part of its water transmission facilities and may be used bY it for the delivery of water to any Entity whether a Party hereto or not
b San Gorgonio Pass Water Agency
Valley District has a contract with the San Gorgonio Pass Water Agency Pass Agency dated July 16 1970 under which the Pass Agency has the option to obtain capacity in certain water transmission facilities constructed by Valley District and to receive deliveries of water or the right to operate the facilities all upon the terms specified therein The Cooperative Water Project Facilities to be constructed by Valley District constitute a portion of the water transmission facilities subject to the said contract and in the event the Pass Agency exemises its option with respect thereto shall be constructed maintained and operated in compliance with the terms of the said contract 14

i
SECTION 1611 of the CIVIL CODE
Ascertainment of Consideration
il When a contract does not determine the amount of the consideration nor the method by which it is to be ascertained i
or when it leaves the amount thereof to the discretion of an interested party the consideration must be so much money as the object of the contract is reaSonablY worth

16 WATER CHARGES AND PAYMENT PROVISIONS
Charges for water deliveries made under this Agreement and provisions for payment shall be as listed below
Said charges shall be reasonable and shall conform to the applicable provisions of Section 1611 of the Civil Code State of California
a Charge for Supplemental Water
The charges to be made by the ProjeCt Manager to any Party to this Agreement for Supplemental Water per acre foot shall be computed by the following formula
Supplemental
Water Charge E S C or E S P L
per Acre Foot
whichever is greater
where
E The variable operation maintenance power and replacement component of the Department of Water Resources Transportation Charge per acre foot incurred by Valley District
S Direct water spreading costs per acre foot spread by the Conservation District not to exceed 300 per acre foot
C Dollar amount equal to power generation credit per acre foot from Devil Canyon power generation plant
P Cost of energy incurred by Valley District to convey Supplemental or Entitlement Water to said Party per acre foot
L Power loss charges incurred by Valley District in conveying Supplemental or Entitlement Water to said Party per acre foot As defined in Section 26 of the State Contract
Power loss charges are defined as those charges resulting from the loss of electric power generation from existing hydroelectric plants on Mill Creek and Santa Aha River
15

20 result in a lower charge than is provided for above then charges computed on said basis shall be substituted for the charges provided for above as long as said basis is in effect The charges for Supplemental Water provided for in this Agreement shall be in effect for a period beginning with the effective date of this Agreement and ending ten 10 years thereafter beginning ten 10 years after the effective date of this Agreement the charges to Parties to this Agreement shall be as set by Valley District b Simultaneous Exchange Water Charge
There are to be no charges made by the Project Manager to any Party for Simultaneous Exchange Water under the terms and conditions of this Agreement c Deferred Exchange Water Charge
The charge to be made by the Project Manager to any party to this Agreement for Deferred Exchange Water shall be the amount of all additional costs required to deliver water on the Deferred Exchange basis over and above the amount of the costs for making said deliveries on a Simultaneous Exchange basis d Charges for Conveyance of Entitlement Water through Cooperative Water Project Facilities
Charges to be made by the Project Manager for the use of the Cooperative Water Project Facilities by Parties to this Agreement for conveyance of Entitlement Water shall be as follows During the period beginning with the effective date of this Agreement and ending ten 10 years thereafter 250 per acre foot P L as P and L are defined above Beginning ten 10 years after the effective date of this Agreement these charges shall be as set by Valley District except that they shall nOt exceed the following The amount of all costs for making such deliveries including but not limited to operations maintenance energy repair replacement overhead and capital costs In the event the Management Committee with the approval of Valley District decides to convey all or any portion of the 9 cfs presently going from the forebay of Santa Ana Powerhouse No 3 to the Boullioun Box through the Cooperative Water Project Facilities that portion shall be exempt from any conveyance charge 16

oo9008 21
Provisions of Payment Provisions for payment tohe Project Manager byParties tohis Agreement for water chrges aresfollows 1The Project Manager shall provide monthly invoices teach Party of monies du the Projct Manager 2The Parties tohis Agreement shall make payment toh Prjec Manager within thirty 30days after receipt of said invoices 3Th Project Manager shall remit toValley District all payments received under this Section within five 5days of receipt 17ADDITIONAL PARTIES After th effective dae of this Agreement additional Entities may become Parties hereto upon application toand approval bythe Management Committee and written consent of

Bear Valley Mutual Water Company
101 East Olive Avenue
Redlands California 92373
City of Redlands
P OBox 280
Redlands California 92373
Crafton Water Company
P O Box 627
Mentone California 92359
East San Bernardino County Water District
P O Box 3427
San Bernardino California 92413
Lugonia Water Company
101 East Olive Avenue
Redlands California 92373
North Fork Water Company
P O Box 3427
San Bernardino California 92413
Redlands Water Company
101 EaSt Olive Avenue
Redlands California 92373
San Bernardino Valley Municipal Water District
P O BOx 5906
San Bernardino California 92412
San Bernardino Valley Water Conservation District
303 Brookside Avenue
Redlands California 92373
Yucaipa Valley County Water District
P O Box 458
Yucaipa California 92399
21 APPROVALS REQUIRED EFFECTIVE DATE AND MECHANICS OF EXECUTION This Agreement shall become effective among the Parties executing the same sixty 60 days after it shall have been executed by the Conservation District Valley District Bear Valley Crafton Redlands and Redlands Water UJ O
1

o9008 23
This Agreement may be executed in counterparts so that the same copy need not be signed by each of the Parties hereto Upon execution of each counterpart said counterpart shall be delivered to the Conservation District and when the required number of counterparts has been received the Conservation District shall give notice to each of the Eligible Entities hereunder stating the date of execution of the last required counterpart and the date 60 days thereafter upon which the Agreement shall become effective Upon such effective date this Agreement shall become effective among all of the Eligible Entities which have executed said Agreement by said effective date and the Conservation District shall attach all of the signature pages from the counterparts to one copy of the Agreement and shall mail a
copy of the conformed Agreement to each of the Parties executing the same From and after the effective date any non signatory Entity shall be eligible to become a Party hereto only in the manner provided in Section 17 19

IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

BEAR VALLEY MUTUAL WATER COMPANY
President
Secr urY
APproved

SURR HELLYER
By
Attorney
DATED May 6 1976

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

oo9005 25

STATE OF CALIFORNIA
SS

COUNTY OF SAN BERNARDINO
On this 6th day of May 1976 before me the
undersigned a
Notary Public in and for said County and
State personally appeared ROBERT J BIERSCHBACH a member of the law firm of SURR HELLYER known to me to be the
person who executed the foregoing instrument on behalf of said law firm and acknowledged to me that such law firm executed the same
WITNESS my hand and official seal
MOIRE
P

E ALEXANDER II
uc
My Commission Expires Oct 26 1978 Notary Public

STATEOF CALIFORNIA
SS

COUNTY OF SAN BERNARDINO
On this 6th day of May 1976 before me the
undersigned a Notary Public in and for said County and
State personally appeared DONALD C S ANDERSON known
to me to be the President and BETTY FARQUHAR known to me to be the Secretary of BEAR VALLEY MUTUAL WATER COMPANY a
corporation the corporation that executed the within
instrument and known to me to be the persons who executed said instrument on behalf of said corporation and acknowledged to me that such corporation executed the same WITNESS my hand and official seal
PATRICIA L MERRITT Notary Public
NOFyPUBLIC CALiFORi 41A
PRI 4C ALCFFICE IN

SAN BFRARDINO COUNTY
IIlllll
My Commission Expires October 2 1979 lllllllllillllllllllllllllilllllllllllllllllllllllllllllllllll IIIIIIIIIIIiii 1II1111111111 11111111

s9oo8 26
IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned
DATED j
State of California
B
County
On June
of San
15 Bernardino SS
1976 before me the under
Yek signed a
Notary Public in and for said
State personally appeared Charles G
poed DeMirjyn known to me to be the Mayor and
Peggy A Moseley known to me to be the Ci
Clerk of the City of Redlands that execut
the within Instrument on behalf of the
A
yof Redlands d acowledged to me
ome i
that the City of Redlands executed the
within instrument pursuit to its City
Council meeting of June 15 1976
fficial seal
oretta C

BERNARDINO COUN DATED
My mmlsslon plres June 3Z9

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

CRAFTON WATER COMPANY
President
Approved
Attorney

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

STATE OF CALIFORNIA
SAN BERNA RDINO ss

COUNTY OF
o June 16 1976 bfo me
the undersigned a Notary Public in and for said County and State personally appeared Ralph F Sechrest onNo rAnAOnSTAMP
known to me lo be he President ant
Pe A Jactnto known o me io be
Secrelary of the corporation iha execuied the
wilhin nstrumen known lo me to be lhe persons who execuied ihe within Instrument on behalf oi lhe corporation therein named and acknowledged to me that such corporation executed the within directors
Alice E Smith
Name Typed or Printed
Notary Public in and for said County and State

IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

EAST SAN BERNARDINO

COUNTY WATER DISTRICT
President
Secretary
Approved
b
Attorney
DATED August 9 1976

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

OF CAUFORNI
YOF

SAN BERNARDINO
ss
ON Auqust 919 76
before me the undersigned a Notary Public in and for said State personally appeared Philip A Oisch Bonnie R Eastwood and
Robert J Farrell kn0wnt0me
to be the person Swhose namES are subscribed to the within Instrument and acknowledged to me that eYexecuted the same
CALIFORNIA Notary Public in and for said State
My Commission Expires February 26 I978
IMral Wolcotts Form 233 Rev

IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

LUGONIA WAER COMPANY
President
eta
Approved
Attorney
DATED May 20 197 6

STATE OF CALIFORNIA I
ss
County of San Bernardtno
On May 20 1976 before me the under
signed a Notary Public in and for said
County and State personally appeared
G R REES BETTY FARQUHAR and EDWIN B
HALES known to me to be the persons
whose n r
OFF CALSEAL ames a e subscribed to the within
instrument and acknowledged that they
e
xec e
ne same 0
EDWIN R HALES Nota Public

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 lg76

IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

NORTH FORK WATER COMPANY
President
Approved
AttoTney

STATE OF CALIFOHNIA
OF
u
ersined a Notary Pub c in an
mat personally aveared
twn to me to be the President and
the Corporstion that executed the within
lsOWn to
me t9 bee ersons who wi hL
an
Sutentonenalt of the tiontherein named
thacOwleaged to me thst such corpomtion ecute
wi
umstrumen pursuant
muon
to itsbhws m ils board ot directors
NAME A3 OR PRINTED
i

SAN BERNARDINO COUNTY
I NOTARY PUI3UO
J
SAN BERNARDINO OOUNTY My Commission Expires May 11 1979 My Commission Expir s May 1 979

COUNTY OF Hadera I
ss hundredand 6 before m the underSi ned
a Notary Public State of California dtd commissioned and sworn personally appeared 01QM
07 known to me to be theperson whose name 8 subscribed to the within 1 JO tF
instrument andacknowledged to me that he executed the same o IN WITNESS WHEREOF Ihave hereunt set my haotf and affOced my h
IAiCLFCi
s 19 in this certificate first above o 781 Wr tten f
z
otar Public State ofCalifornia
mmi ioexpi 2lZt
Cowd rslomNo 32cknowl dcmcnt Gcnc rlC c 1 l0a Prickled 12fl2

IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

REDLANDS WATER COMPANY
Presj
Approved
Attorney
DATED 6A4 7 F

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

TO 449 C
Corporation

STATE OF CALIFORNIA
COUNTY OF San Bernardino ss
On June 7 1976
Yar er thenndersi eda Notary Public in and for said
State personally appeared Lloyd
known to me to be th President and Bet ty Farqulaar
known to me to be Secretary of the corporation that executed the within Instrument known to me to be the persons who executed the within Instrument on behalf o the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a
resolution of its board
of directors
WITNESS my hand and official seal
Signature
Elaine V Leathy
Name Typed or Printed
This nrea ferellela netarhd leal

9008 36
IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

SAN BERNARDINO VALLEY

MUNICIPAL WATER DISTRICT
reta
Approved
Attorney
DATED July 6 1976

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

STATE OF CALIFORNIA
ss

COUNTY OF SAN BERNARDIHO
ON July 6 19 76
before me the undersigned a Notary public in and for said State personally appeared OFFICiAL SEAL Lloyd Yount LeRoy Holmes and James W Dilworth BRENDA M McC ULLOUGH I1 known to me
NOTARY PUBLIC CALIFORNIA ll to be the personS whose nameS are subscribed to the within Instrument SAN BERNARDINO COUNTV I and acknowledged to me that theY executed the same ll Uy Commission Expires July 11 1977
WITNESS my hand and official seal
Notary Public in and for said State
ACKNOWLEDGMENT eneraI WolcottsForm 233 Rev3M

IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authorized representatives undersigned

SAN BERNARDINO VALLEY

WATER QASEI IVATION DISTRICT
Presldent
Secretarg Q
L Attorney

STA IF CAT TOI ATIA
OOUNTY CF SAN BERNARDINO ss
On June 7 1976 before me aNotary Public in and for said State personally appeared ROBERT T PAINE known to me to be the President and W J HILTG known

DISTRICT
to me
the
to
corporation
be the Secretary
that executed
of SAN BERNARDINO
the within
VAt TRY
instrument
kTER
and

CCSERVATI N
known to me
to be the persons wh executed the within instrument on behalf of the said cog 6tin
Frt
and acknowledged to me that such corporation executed the same to tsbylaws or a resolution
F
7 my a9 o1
seal
YZXZ4
I
ouo i
i
lVJT
I
My

SAI T ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

9008 39
ttTATE OF CALIFORN A
j

COUNTY OF

SAN BERNAI DINO I
ss
ON JUNE 7 19 76
before
gI
me the undersigned a Notary Public in and for said State personally appeared A MT3T T
known tme
to be the person whose name
s
subscribed to the within Instrument
and acknowledged to me thatheexecuted the same
WITNESS my hand and official seal
otary Public in and for said State
ACKNOWLEDGMENT eflerII WolcottForm Z31 Rev364

Boo 9008 40
IN WITNESS WHEREOF the parties do execute this Agreement herein by act of their duly authOrized representatives undersigned

YUCAIPA VALLEY COUNTY

WATER DISTRICT
Secretary
Approved
DATED August 26 1976

SANTA ANA RIVER MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
MAY 3 1976

STATE OF CAL N
known to me to be thePsdent and
to me to Seof e texecut e wit nIumown me to
be the pers swho executed the within Instrument on behalf of the Corporati therein named and acowledged to me that such Corporation executed the same xnd acowledged to me that such Corporati utedthe within Instrume ursuantto its by laws or a resolution of its board of directors
W T SS my hand an oci s 1
I lC N Typed orPted
t
Notary Public in and for said State
pi
Mi1 81 1 Corporation Notarial Acknowledgment

EXHIBIT A

ENTITLEMENTS TO WATER
Santa Ana River
The general features for conveying Santa Ana River water are shown on Plate 2 herein
Edison Company diverts water from the Santa Ana River at the confluence of Bear Creek and the Santa Ana River This use of water is based on an agreement with Bear Valley and a license issued to the Edison Company by the Federal Power Commission Water so diverted is conveyed by the Edison Company through a series of tunnels flumes and canals through Santa Ana Powerhouse No 1 and Santa Ana Powerhouse No 2 to the forebav of Santa Ana Powerhouse No 3
At the forebay to Powerhouse No 3 Bear Valley takes delivery of up to nine 9 cfs which is conveyed through the Bear Valley High Line capacity controlled by Crafton Heights Pipeline Company
The remaining water in the Edison Company facility is dropped through Powerhouse No 3 At the tailrace of Powerhouse No 3 certain quantities of water are delivered into the facilities of North Fork and certain quantities are delivered into the Redlands Canal of Bear Valley
There is an agreement between North Fork and Bear Valley which sets forth the entitlements to water of the respective parties Said agreement is recorded in the official records of San Bernardino County State of California Agreement File E pages 178 187 dated July 3 1885
There is an agreement between Bear Valley and Lugonia South Fork This agreement sets forth the entitlement to water of the respective parties It is the intention of this Cooperative Water Project Agreement that the Management Committee and or Parties to this Agreement will not do anything which will in any way diminish or interfere with the quantities of water each of the Parties referred to in the two agreements above is entitled to receive as its respective proportionateshare of the available supply
The Conservation District diverts storm flows and waters in excess of the needs of the aforementioned companies at the mouth of Santa Ana Canyon for the purpose Page I of 2

BOOKgO08 43
XHT
Continued
of spreading and percolating to replenish the groundwater supply The diversion by the Conservation District is covered by Licenses Nos 2831 and 2832 issued by the State of California
Redlands Water diverts water from a tunnel at the mouth of Santa Ana Canyon Water is conveyed from the tunnel to the Redlands Aqueduct via a pipeline located on the west side of Greenspot Road
Mill Creek
The general features of conveying Mill Creek water are shown on Plate 3 herein Edison Company diverts water from Mill Creek near Forest Home in Mill Creek Canyon This use of water is based on agreements with certain water purveyors and a license issued to the Edison Company by the Federal Power Commission Water is conveyed through Edison Company facilities including Mill Creek Powerhouses Nos 3 2 and 1
After passing through Mill Creek Powerhouse No 1 water is conveyed across Mill Creek to a point where it is divided some going to Redlands some to Crafton and that portion above the needs of the two parties being returned to the channel of Mill Creek for spreading
The amount of water each of the two Entities receives is based upon the ownership of Zanja hours per certain deeds and other factors as determined between i Redlands and Crafton
It is the intent ofthis Cooperative Water Project Agreement that the Management Committee and or the Parties to this Agreement will not do anything which will in any way diminish or interfere with the quantities of water each ofthe Parties is entitled to receive as its respective proportionate share of the available supply The Conservation District has histOrically diverted stormflows and water in excess of the needs of Redlands and Crafton for the purpose of spreading and percolating to replenish the groundwater supply

EXHIBIT B

ENTITLEMENT WATER

MAXIMUM INSTANTANEOUS RATES OF FLOW AND DELIVERY POINTS See Plates 2 and 3 attached hereto
Maximum Instantaneous Rates of Flow
Redlands
Crafton
32 cfs together
Bear Valle
Lugonia
North Fork
88 cfs together
Conservation District
The maximum instantaneous rate of flow that would be available if there was no Cooperative Water Project and all Parties were operating under Historical Conditions Delivery Points
Redlands Mill Creek
Into the influent pipeline into Redlands Henry Tate Filter Plant at a point within the Plant site located south of Mill Creek Road in the Northeast Quarter of Section 22 T 1 S R 2 W SBB M
Crafton Mill Creek
Into the Zanja near the Boullioun Box and into the influent pipeline into the Redlands Henry Tate Filter Plant
Conservation District Santa Ana and Mill Creek
a Mill Creek In the channel of Mill Creek above the existing intake structure located on the south bank of Mill Creek in the Northeast Quarter of Section 21 T 1 S R 2 W SBB M

EXH BT
Continued
b Santa Ana The existing main canal of the Conservation District located on the south side of Greenspot Road in the Northeast Quarter of Section 7 T 1 S R 2 W SBB M
North Fork and Bear Valley Santa Ana
At the existing North Fork Box located on the north side of the Conservation District main canal in the Southwest Quarter of the Southwest Quarter Section 4 T 1 S R 2 W SBB Mand up to 3 cfs at the East Highlands Company weir Bear Valley and Lulonia Santa Aha
Into the Redlands Aqueduct above the Mentone Reservoir
Redlands Water Santa Ana
Into the Rediands Aqueduct above the Mentone Reservoir
East San Bernardino Santa Ana
Into the North Fork Canal at or above elevation 1720 feet Paqe 2 of 2

em9008 46

EXHIBIT C

DETERMINATION AND MEASUREMENT OF EXCHANGEABLE WATER
Santa Aha
The quantity of water in the Santa Ana River available for exchange shall be determined as follows
The quantity of water measured at the USGS gage on the Edison Company canal located below the tailrace of Santa Ana Powerhouse No 2 The amount of Santa Ana River water available for exchange shall not eXceed 88 cfs
The quantity of water in the tunnel belonging to Redlands Water available for exchange shall be as measured at the tunnel outlet located on the west side of Greenspot Road at the mouth of Santa Ana Canyon
Mill Creek
The quantity of water in Mill Creek available for exchange shall be determined as follows
The quantity of water that would go through Edison Company sMill Creek No 1 hydro plant if there were no upstream diversion
The total amount of Mill Creek water available for exchange shall not exceed 32 cfs
Page I of 1

EXHIBIT D

FACILITIES TO BE CONSTRUCTED AS THE FIRST INCREMENT

OF THE COOPERATIVE WATER PROJECT
Minimum Key Number
Capacity on
Description in cfs Plate 1
North Fork Canal Temporary Turnout 30 114
Pumping Plant No 5 12 151
Pumping Plant No 5 Discharge Line 12 152
Foothill Pipeline to Redlands Aqueduct Turnout 30 115
SBVMWD High Line 25 119
Pumping Plant No 4 to Redlands 20 125
Connection to Redlands Tate Filter Plant 32 128
Crafton Zanja Turnout 10 127
Turnout to Mill Creek above COnservation
District Spreading Intake 25
Pumping Plants and Pipelines Connecting
SBVMWD Phase 2 Foothill Pipeline
to SBVMWD High Line As Needed See Note 1
Note 1
Precise location to be determined in final design
Paoe I of I Page 726 of 2168
eOKgO08 48
Edison Santa Am
Edisor
Power
North Fork Box
Conne
East Highlands Company Weir Sent
Foothill
SBVMWD Phase
Foothill Pipeline
PumpirPlant No
SBVMWD Santa Ana Low Turnout
Pumping Plant No 5
sBvwcD Santa Arm Main Canal
Norlh
nmAha Wash Crossing
eum inlanro 2
SBVMWD Hi
Bear Valley
Mentone SBVWCD Mill creek Intake Reservoir Bou
TheZanja West Weir
RedlandsAqueduct Crafton Canal
Crafton
Reservoir
Bear Valley High Li

Edison Santa Ana No 2 Powerhouse
Edison Santa Ana No 3
Powerhouse and Tailrace
Connection to Edison
Santa Ana No 3 Penstock Edison Santa Ana No 3 Conduit
Low Level Connection to
Edison Santa Ane No 3 Penstock
Edison Santa Ana No 3 Forebay
High Level Connection to
Edison Santa Ane No Forebay
SBVMWD High Line
Pumping Plant No 6
Bear Valley High Line Connection to Edison MillCreek
No 2andNo 3 Tailrace
Bear Valley High Line Turnout
Bear Valley High Line Tempo ryConnection
Pumping Plant No 2 Bear Valley High Line ModificationsI Yucaipa SGPWALine
TREET
Edison Mill Creek
SBVMWD High
No 2 No3
and Tailrace
q Bear Valley High Line
MillCreak Yucaipa
Boullioun Box
ttake
Yucaipa SGPWA
Connection to Redlands Tare Filter Plant
RedlandTare Filter Yuceipa Valley CWD
FilterP1an Turnout
SBVMWD High LineSpillway Tower t
Yucaipa Lakes
BearVlley Boullioun Box Turnou
I Pumping Plant No i
III1
to
Yucaipa GPWALine
Pumping Plant No 4 to
Crafton Turnout Wilson CreekSpreading
Basins Turnouts Wilson Creek
Spreading Basins
I
SGPWA Connection
Bear Valley High Line L
Turnout
aGOG o ooo 4000
GRAPHIC SCALE 2000

FA C1TY L iS T
110t 9008 r

EXSTING AALASSOCIATEL WATER FAC LTES COOPERAT IIE WATER PROJECT FAC LTES Key Key
Numbe r
Facility Description Numbe Facility Description
1 North Fork Canal 101 Pumping Plant No 1
2 SBVMWD Phase 2 Foothill Pipeline 102 Foothill Line Surge Riser 3 NorthFork Box 103 North Fork Reservoir InletSystem
4 East Highlands Company Weir 104 North Fork Reservoir
5 SBVWCD Santa ARa Intake Headgate 105 North Fork Reservoir Outlet System 6 SBVWCD Santa Ana Three Way Box 106 Santa ARa Wash Crossing 7 Edison Santa ARa No 3 Powerhouse and Tailrace 107 Santa Ana South Turnout 8 Redlands Aqueduct 108 Pumping Plant No 2
9 SBVMWD Santa Ana Low TUrnout 109 FoothillPipeline to Redlands Aqueduct Turnout 10 SBVWCD Santa Ana Distribution Canal 110 Redlands Aqueduct Turnout to FoothillLine 11 Mentone Reservoir 111 Pumping Plant No 2Surge Riser
12 Redlands Water Tunnel 112 SSVWCD Santa ARa Main Canal Relocation 113 Red andsWaterTunnel North Fork Reservoir Line
114 North Fork Canal Temporary Turnout
115 RedlandsAqueduct Temporary Connection
151 PumpingPant No 5 to NorthFork Box
andPumping Plant No 6
152 Pumping Plant No 5 Discharge Line
153 Pumping Plant No 6 to SBVMWD High Line
21 Edison Santa Ana No 2 Powerhouse 116 High Level Connection to 22 Bear Valley Santa Ana Canyon WellNo 2 Edison Santa AReNo 3 Forehey 23 Edison Santa Ana No 3 Conduit 117 Low Level Connection to 24 Edison Santa Ana No 3 Forebay Edison Santa ARa No 3 Penstock 25 Bear Valley High Line 118 SBVMWD High Line Tunnel
26 Edison Mill Creek No 2 Conduit 119 SBVMWD High Line
27 Edison Mill Creek No 1 Powerhouse and Tailrace 120 Pumping Plant No 2 Discharge Line 8 The Zanja East Weir 121 Bear Valley High Line Turnout 29 Redlands Tate Filter Plant 122 Pumping plantNo to Yucaipa and 30 Boullioun Box SGPWA AlternativeLOCation
31 SBVWCD Mill Creek Intake 123 SBVMWD High LineSpillwey Tower 32 The Zanja West Weir 124 Pumping Plant No 3 to Yucaipa andSGPWA 33 Crafton Canal 125 PumpingPantNo 4 toRed ands
34 Crafton Reservoir 126 Bear Valley 8oullioun 8ox Turnout 127 Crafton Zania Turnout
128 Connection toRed andsTare FilterPant
129 Upper Zanja Turnout
130 Bear Valley High Line Temporary Connection
131 Bear Valley High Line Modifications
132 Pumping Plant No 6 DJscherge Line
133 Connection toEdison Santa Ana No Penstock
41 Edison Mill Creek No 2 Conduit 135 Yucaipa GPWALine Alternative Location 42 Edison Mill Creek No 3 Conduit 136 Yucaipa SGPWA Line 43 Edison Mill Creek No 2 No 3 Powerhouse and Tailrace 137 Connection to Pipeline from Edison MillCek 44 Edison Mill Creek No 1 Stream Diversion Structures and Pipeline No 1 Stream Lversion 45 Wilson CreekSpreading Basim 138 Connection to Edison MillCreek No 2 andNo 3 Tailrace
139 Upper MillCreek Yucaipa Line
140 MillCreek YucaipaLine
I41 Yucaipa Valley CWD FilterPlant Turnout
142 Yucaipa Lakes Turnout
143 Wilson Creek Spreading Badn Turnouts
144 MillCreek Yucaipa SGPWA LineSurge Riser
I45 Oak Glen Creek Turnout
146 SGPWA Connection to SBVMWD Facilities
147 Connection Yucaipe SGPWALineAlternative
Location Edison MillCreek No I Conduit

GNRAL NOTES BECHTEL INCORPORATED

SAN FRANCISCO
All fecal ties needed forthe ultimate development ofthe Santa ARa and MillCreek Cooperative Water Project are shown on this Plate SAN BERNARDINo VALLEY

MUNICIPAL WATER DISTRICT
Locationof facilitie hown on thi Plete areConceptuel chematic WATER TRANSMISSION PROJECT and functional only Final locations may be modified from hose shown asaresultofdetaileddesign SANTA ANA RIVER AND MILL CREEK

COOPERATIVE WATER PROJECT AGREEMENT
Alternativelocations areshown forcertain facilities Evaluation and selection of alternatives will be made later asapart of detailed CONCEPTUAL PLAN OF COOPERATIVE dei WATER PROJECT FACILITIES AND
Facilitiei willbe built in increments toserve theneeds of the Perties ASSOCIATED WATER FACIUTIES 7843 PLATE I E

9

future and eliminated over time; and undertaking imported water replenishment activities that are approved by the GC and included in the annual approved budget. 3 .3 Membership of the GC. The GC shall consist of a representative from each Party. One party may serve in multiple representative roles, and this will be accounted for in the Equitable Allocation. GC Members shall be appointed in the manner set forth in Section

3.4 of this Agreement.
3 .4 Appointment of Members to the GC. Each Party or other entity entitled to membership on the GC shall appoint one representative member of the GC, who shall be the senior executive management level employee of the Party, or a senior executive managementlevel employee of other recognized groundwater management entity. Each eligible member may determine its own process for appointing its representative member. Members of the GC shall serve throughout the term of this agreement, provided that such members may be subject to removal and replacement by the appointing Party in the event the representative is no longer in the employ of the appointing Party.

3.5 Additional Members. The GC may permit admission of additional members upon an eighty percent (80%)vote of the Equitable Allocation weighted votes among all then-existing Parties, upon such terms and conditions as the GC in its discretion may impose.

Such conditions may include requiring contributions to any GC initiatives for securing imported water supplies, or maintenance and operations expenses of groundwater replenishment facilities, to assure equitable distribution of the costs of such initiatives or facilities to those benefitting from them.

3.6 Ex Oficio Participants. The GC shall include the plaintiff parties or the successors in interest to the plaintiff parties in Western Municipal Water District of Riverside County v. East San Bernardino County Water District et al. (Riverside County Superior Court Case No. 78426, April 17, 1969) as "Ex Oficio" participants, unless any Ex-Oficio participant withdraws from the GC pursuant to Section 2.4, above. Such Ex-Oficio participants shall not have the ability to vote on any matters before the GC, but shall be permitted to provide input and other support for GC efforts. Notwithstanding any other provision of this Agreement, and except as otherwise provided in other agreements, judgments or settlements, Ex Oficio participants shall not be liable for any costs or fees associated with the GC or its activities related to importing groundwater into the Basin and shall not be considered "members" of the GC as that term is used in this Agreement. Ex Oficio participants may jointly execute a separate agreement with the Conservation District that will provide for the annual payment of no more than 27.95% of costs associated with the recharge of native waters.

4. COUNCIL MEETINGS AND ACTIONS

4.1 Initial Meeting. The initial meeting of the GC shall be held at a location overlying the Basin within forty-five days (45) days of the Effective Date of this Agreement. At the initial meeting the GC shall select a President to chair its meetings, a Vice President to serve if the President is unavailable, a Secretary to record GC proceedings and actions, and any other officers it deems appropriate to the successful and efficient conduct of its business.

I 59/015042,0001
10094328.32 a0l/19118 -5-

DATED: ~~ {)-9 ,2018

SAN BERNARDINO VALLEY

MUNICIPAL WATER DISTRICT
Do glas Headrick, General Manager
[Signatures continued on next page]
159/015042-0001
10094328.32 aOl/19/18 -21-

LOMA LINDA VNIVERSITY..... . ,.,,
Richard IL Hart, , DrPH,
President
[End ofSignatures Pages]
1591V150420001
1009432832 *03.tó/1$ —28—

159/015042-0001
10094328.32 a01/28/20 -16-
DATED: ____________________, 2020

CITY OF REDLANDS,
a California general law city and
municipal corporation
By:__________________________________
Charles M. Duggan Jr. , City Manager
[Signatures continued on next page]

159/015042-0001
10094328.32 a01/28/20 -24-
DATED: ____________________, 2020

WEST VALLEY WATER DISTRICT
By:__________________________________
Clarence Mansell Jr.

General Manager
[Signatures continued on next page]

Quick Guide to Fontana Settlement Agreement Amendments

This document summarizes the changes made to the Settlement Agreement dated September 12, 2018 between Plaintiffs and Cross-Defendants San Bernardino Valley Municipal Water District (“Valley District”), Defendants and Cross-Complainants Fontana Union Water Company, San Gabriel Valley Water Company, and Fontana Water Company (collectively, “Fontana”), and Intervenor-Defendant Cucamonga Valley Water District, as amended by subsequent settlement agreements with Plaintiffs and Cross-Defendants West Valley Water District (“West Valley”), the City of Colton (“Colton”), and the City of Rialto (“Rialto”).

Recitals

CHANGE EXPLANATION
Terminology
¶ C
West Valley, Colton, and Rialto are no longer “Non-Settling Plaintiffs,” but simply “Parties.” Operative
Complaint
¶ D
As for West Valley, Colton, and Rialto, the current operative complaint is the Third Amended Complaint (Nov. 2, 2018). As for Valley District, the current operative complaint is still the Second Amended Complaint (Nov. 24, 2014).

Operative CrossComplaint
¶ J
As to West Valley, Colton, and Rialto, the current operative cross-complaint is the Second Amended Verified Cross-Complaint (Nov. 14, 2018), which added the 11th cause of action:

Breach of Contract – Violation of 1961 Rialto Decree by Colton, Rialto, and West Valley Water District. As for Valley District though, the current operative cross-complaint is still the First Amended Verified Cross-Complaint (Mar. 27, 2015).

Dismissal

CHANGE EXPLANATION
Payments In full settlement of all of West Valley’s, Colton’s, and Rialto’s claims in the Litigation, Fontana will cause their insurer Arch Insurance Co. to pay $3M to each party, within 30 days after full execution of the Amendments, and will provide a federal W-2 tax form to each party.

But in the event that Arch and Fontana Parties reach an agreement with Rialto, before trial, for more than $3M, then Arch shall pay to each West Valley and Colton the difference.

Releases
¶ 5
The releases include all claims contained in Plaintiff’s Third Amended Complaint and Fontana Parties’ Second Amended Verified Cross-Complaint.

The releases on behalf of West Valley, Colton, and Rialto are unconditional, severable from the other provisions of the Settlement Agreement, and shall remain enforceable even if other provisions of the Settlement Agreement are deemed unenforceable or invalid, so long as West Valley, Colton, and Rialto each receive their $3M.

Stipulation for
Dismissal
¶ 10
The Fontana’s counsel will prepare and send to Valley District, West Valley, Colton, and Rialto’s counsel a stipulation for dismissal, with prejudice, of the claims and cross-claims asserted by the parties. All parties shall promptly execute and Fontana shall promptly file the stipulation with a request for the court to retain jurisdiction.

Retention of
Jurisdiction
¶ 10
The stipulation for dismissal will request that the Court retain jurisdiction over the Parties to enforce the settlement agreement, as amended, pursuant to CCP § 664.6. All Parties shall promptly execute and Fontana shall promptly file the request.

Quick Guide to Fontana Settlement Agreement Amendments

Other Agreements

CHANGE EXPLANATION
Preliminary
Injunction
former ¶ 3(f),
now ¶ 3.1
All extractions by the Fontana Parties within the boundaries of the 1961 Decree area shall be subject to the terms of the preliminary injunction issued by San Bernardino County Superior Court on March 20, 2015, and any subsequent court orders (as in the original Settlement Agreement), until the parties agree otherwise.

Groundwater
Council
Within one year of the execution of the Amendment, all parties to the Settlement Agreement will jointly establish a Groundwater Council for the Rialto-Colton Basin. Within 5 years, the Council will conduct studies, modeling runs, and other analyses necessary to develop a plan for sustainable management. It will have the authority to require the parties (except for Valley District) to contribute their fair share towards development of the plan and beneficial projects.

Groundwater
Management
Plan
¶ 3 (l)
The parties will develop, adopt and implement a Rialto-Colton Basin sustainable groundwater management plan including – if the Parties and other public water suppliers extracting water from the Basin agree – an operating safe yield, a new index well regime, and/or other management tools (e.g. ability to overproduce in any year, subject to replenishment), which may be included in an amended Decree.

Replenishment
Accounts
¶ 2(h)-(j)
Valley District will set up and maintain five separate accounts, one each for: (1) Defendants, (2) West Valley, (3) Colton, (4) Rialto, and (5) a general replenishment account. Valley District will disburse limited amounts of money to fund projects that benefit groundwater management in the Rialto Basin.

If any party settles with Fontana, they have the option of a replenishment credit account funded either at $6M for Rialto, $4M for Colton, or $3M for West Valley or Defendants OR funded at 37.5% of that amount to be paid within 90 days of the execution of the amendment (provided they request it within 60 days).

Penalties for
Overpumping
If a party exceeds its pumping allocation for the water year, it shall pay Valley District to acquire replacement water according to section 3(j) of the settlement agreement.

If a party exceeds its pumping allocation by 10% and fails to abide by 3(j), then the party must pay $10,000 per acre-foot for water over the 110% of the allocation to the general replenishment account.

Notice
¶ 11(q)
In addition to the contacts listed in the Settlement Agreement, the following parties shall receive all notices, requests, demands or other communications required or permitted under the Settlement Agreement:

Clarence Mansell
General Manager
West Valley Water District
855 W. Base Line Road
Rialto, CA 92376
Robert Tafoya, Esq.

Tafoya & Garcia
316 West 2nd Street, suite 1000
Los Angeles, CA 90012
David X. Kolk, Ph.D.

Utilities and Public Works
Director
650 N. La Cadena Ave
Colton, CA 92324
Geralyn Skapik, Esq.
5861 Pine Ave., suite A-1
Chino Hills, CA 91709
City Administrator
City of Rialto
150 So. Palm Ave.

Rialto, CA 92376

SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into and effective this 12th day of September, 2018 by and among Plaintiffs and Cross-Defendants San Bernardino Valley Municipal Water District ("Valley District") and Defendants and Cross-Complainants Fontana Union Water Company ("Fontana Union"), San Gabriel Valley Water Company, a California Corporation ("San Gabriel"), and Fontana Water Company, a division of San Gabriel (collectively, "Fontana Parties"), and Intervenor-Defendant Cucamonga Valley Water District ("Cucamonga"). Each of the Parties to this Agreement is sometimes referred to as a "Party" and are collectively sometimes referred to as the "Parties." Recitals
A. The Parties are all committed to sustainable groundwater management principles. In furtherance of those important principles, the Parties will implement the specific sustainable groundwater practices and principles expressly set forth in this Agreement.

In addition, the Parties are committed to cooperating and collaborating with other water producers, including but not limited to the Non-Settling Plaintiffs as defined below, on additional groundwater sustainability measures, including replenishing the Lytle Creek, Rialto-Colton, and Rialto Basins, as well as the San Bernardino Basin Area, and establishing one or more groundwater sustainability councils to promote reliable water supplies for the beneficial use of the customers they serve.

B. The Parties have been engaged in litigation involving groundwater rights, groundwater management, and related matters entitled San Bernardino Valley Municipal Water District et al., v. San Gabriel Valley Water Company et al., Case No. CIVDS 1311085, San Bernardino Superior Court (the "Litigation" as used in this Agreement includes all claims that were or could have been alleged therein.).

C. Valley District together with Plaintiffs West Valley Water District ("West Valley"), City of Colton ("Colton") and City of Rialto ("Rialto") (West Valley, Colton and Rialto are collectively the "Non-Settling Plaintiffs") filed a complaint in the Superior Court of California for the County of San Bernardino on September 12, 2013 against the Fontana Parties.

D. The currently operative complaint is the Second Amended Complaint filed on November 24, 2014. In the Second Amended Complaint, Valley District asse1is six constitutional, equitable and statutory claims concerning the Fontana Parties' groundwater rights and extractions from the Rialto-Colton Basin, including claims arising out of the comi decree dated December 22, 1961 (the "1961 Decree") in the case The Lytle Creek Water and Improvement Company v. Fontana Ranchos Water Company, et al., San Bernardino County Superior Court, Case No. 81264. The 1961 Decree governs groundwater pumping from a p01iion of the Rialto-Colton Basin, which is defined therein as the "Rialto Basin.'' The claims also concern the Fontana Parties' pumping from a portion of the Rialto-Colton Basin that is outside the Rialto Basin as defined by the 1961 Decree, referred to as the "Paper Gap" in the Second Amended Complaint, and referred to herein as "No Man's Land."
Settlement Agreement

E. Valley District also asserts claims concerning the Fontana Parties' pumping from the Lytle Creek region of the San Bernardino Basin Area.

F, The Non-Settling Plaintiffs separately asse1ted six claims alleging breach of contract and other claims arising from the 1961 Decree.

G. The San Bernardino Basin Area and most but not all of the Rialto-Colton Basin are located within the service area of Valley District. A map of the groundwater basins at issue in the Litigation is attached to the Agreement as Exhibit A.

H. On December 30, 2014, Cucamonga served a Complaint in Intervention as a DefendantIntervenor in the action.

I. On December 8, 2014, the Fontana Parties filed a Verified Cross-Complaint against Valley District and the other Plaintiffs.

J. The currently operative cross-complaint is the First Amended Verified Cross-Complaint filed on March 27, 2015. The Fontana Pat1ies asse11 the First, Third, Fourth, Fifth and Sixth Causes of Action against Valley District and the other Plaintiffs for legal, declaratory, and equitable relief concerning their water rights and pumping from the Rialto-Colton Basin, from "No Man's Land," and from the San Bernardino Basin Area.

The Fontana Parties also assert claims directly against only Rialto and Valley District for breach of contract and other legal, equitable, and statutory grounds, alleging wrongful activities related to Cross-Defendants' groundwater pumping and sales.

K. The Parties hereto deny and dispute each and all of the claims and cross-claims against them.

L. The Parties now wish to settle and resolve all claims arising out of the Litigation and to promote sustainable management of groundwater in the Rialto and Rialto-Colton Basins and in the San Bernardino Basin Area, including the Lytle Creek Basin, by means of this Agreement, as follows:

Agreements
In consideration of the promises, agreements and releases contained herein and for good and valuable consideration, the Parties agree as follows:

1. Incorporation of Recitals
The foregoing Recitals are incorporated herein by reference as though fully set f01th.

2. Replenishment and Sustainability Assessment
a. Upon execution of this Agreement, the Fontana Parties may apply to become members of the Groundwater Council for the San Bernardino Basin Area. If the Fontana Parties choose to seek to join the Groundwater Council, Valley District will promptly supp01t that request in writing. The Parties also agree that, if there Settlement Agreement

are other management groups where the Fontana Parties have not been included due, in part, to the Litigation, they may apply to join those groups and Valley District will support their participation in those groups. b. No later than each February 1, the Fontana Parties will pay Valley District an annual Replenishment and Sustainability Assessment on water that the Fontana Parties produced in the prior calendar year from the Lytle Creek region of the San Bernardino Basin Area commencing upon the effective date of this Agreement.

The Replenishment and Sustainability Assessment will start at $127.90 per acrefoot and will be indexed to percentage increases in Metropolitan Water District of Southern California's Tier I Untreated Water rate, or the equivalent. c. Valley District shall use the proceeds of the Replenishment and Sustainability Assessment, save for an amount needed to satisfy the Fontana Parties' pro rata share of the groundwater sustainability charge for the San Bernardino Basin Area pursuant to the San Bernardino Basin Groundwater Council Framework Agreement, dated February 23, 2018 or any successor agreement, to obtain replenishment water for delivery to the Rialto Basin in an amount of 61,000 acrefeet, which fulfills all of the Parties' requirements for the replenishment of the Rialto Basin as determined by Valley District. Valley District shall apply these funds to cover all of its direct costs incurred in obtaining and delivering such replenishment water, including, without limitation, acquisition and transpmiation costs, facility costs (capital and operation/maintenance), and any similar direct costs incurred as part of the actions (but not including staff time, overhead or salaries/benefits) needed to accomplish the replenishment. Valley District may accomplish the replenishment by means of exchanges, in-lieu recharge of the Rialto Basin, direct recharge of that Basin, direct deliveries to the Fontana Parties, or other means reasonably acceptable to the Parties. By agreeing to the Replenishment and Sustainability Assessments in this Agreement, the Fontana Parties do not admit that they are legally obligated to replenish the Rialto Basin. d. Valley District agrees that it will use its best efforts to obtain such replenishment water in a timely basis at the lowest cost, recognizing that the timing of the purchase of water will be at the reasonable discretion of Valley District. At no time shall Valley District purchase water at a rate greater than the then-current Metropolitan Water District of Southern California's Tier II Untreated Water rate or equivalent. Within 30 days after each such purchase of replenishment water, Valley District will account to the Fontana Parties in a statement specifying the seller, the amount of water purchased, the price and other anticipated direct costs of purchase and replenishment. The Parties will cooperate, together with the Non-Settling Plaintiffs, regarding such purchases and regarding the timing, location, and manner in which the purchased water will be replenished to the Basin.
e. Valley District shall provide notice to the other Parties during the calendar year in which Valley District anticipates that it will complete the replenishment as provided in this Agreement of 61,000 acre-feet into the Rialto Basin and shall convene a meeting to determine whether or not to modify the Replenishment and Settlement Agreement

Sustainability Assessment rate for water extracted by the Fontana Parties from the Lytle Creek region of the San Bernardino Basin Area.
f. Upon achieving the replenishment described in subparagraph [ c] above, Valley District agrees to dedicate the proceeds of the Replenishment and Sustainability Assessment on a regional basis to fund water supply projects that benefit the Rialto Basin and/or the Lytle Creek region of the San Bernardino Basin Area.

Such regional projects may include, but are not limited to, the importation of water, the development of spreading basins and other facilities to capture local stormwater runoff, and other projects that Valley District, acting in cooperation and in conjunction with other agencies, may deem appropriate to enhance water supply reliability for all public water suppliers in the Rialto Basin and/or the Lytle Creek region of the San Bernardino Basin Area.
g. The Parties shall rely on the following principles in determining whether or not, and if so, how to modify the rate charged for water extracted by the Fontana Parties from the Lytle Creek region of the San Bernardino Basin Area, provided that the rate shall not exceed the then-current indexed rate identified in paragraph 2(b) above:

1. Valley District, acting in cooperation and in conjunction with other agencies that extract water from the Rialto Basin, will seek to purchase water at the lowest possible cost for recharge in the Lytle Creek region of the San Bernardino Basin Area and the Rialto Basin and to support the long-term sustainability, reliability, and reasonable and beneficial use of groundwater extractions from the Lytle Creek region of the San Bernardino Basin Area and the Rialto Basin.
ii. Valley District, acting in cooperation with other agencies that extract water from the Rialto Basin and the Lytle Creek region of the San Bernardino Basin Area, will develop, permit, fund and construct such facilities ( or improvements to existing facilities) that may be necessary or useful to ensure that the Parties and other agencies that extract water from the Lytle Creek region of the San Bernardino Basin Area and the Rialto Basin have a reliable and sustainable water supply for their respective customers.
m. The Parties agree that the long-term sustainable management of the San Bernardino Basin Area (including but not limited to the Lytle Creek Basin) and the Rialto Basin shall not cause stranded assets and shall attempt to maximize the water supplies available to all parties extracting water from those Basins.

3. Cooperative and Sustainable Groundwater Management of the Rialto-Colton Basin The Parties agree to the following principles for enhanced and sustainable groundwater management of the Rialto-Colton Basin, consistent with the constitutional requirement to put all water to reasonable and beneficial use. The Parties will undertake to work Settlement Agl'eement

cooperatively with, and will encourage, other public water suppliers in that Basin to adopt these principles as the basis for a long-term cooperative, enhanced, and sustainable groundwater management agreement to be included in an amended 1961 Decree that will promote and assure sustainable groundwater supplies.
a. Sustainable groundwater management of the Rialto-Colton Basin shall not cause stranded assets and shall attempt to maximize the water supplies available to all public water suppliers extracting water from the Basin. b. The Parties agree that they will respect the boundary between Valley District and the Metropolitan Water District of Southern California and will work cooperatively together to ensure that all water for which there is a legal obligation to pay when it moves across that boundary is charged at the rate applicable to such water.
c. The Parties agree to develop accounting principles to ensure that all Parties' use and movement of water fully complies with the terms of this Agreement. d. For all of the Parties' pumping pursuant to the 1961 Decree and from No Man's Land, any pumping curtailment for a given year will take effect in the month following the notice of the measurement of the spring high index well levels and remain in effect until modified by the notice of the measurement of the following year's spring high index well levels.
e. The Fontana Pai1ies may, without objection from Valley District, extract 5,014 acre-feet/year from wells located in No Man's Land (as shown on the map attached hereto as Exhibit A). Such extraction allocation may be combined with and also may be utilized together with the Fontana Pat1ies' pumping allocation from wells within the Rialto Basin that was established pursuant to the 1961 Decree. The Pat1ies agree to work with the Non-Settling Parties to develop a management plan that would evaluate and address the extractions from wells outside the Rialto Basin by Non-Settling Parties that may significantly affect the Rialto Basin. All wells and extractions discussed in this subsection shall be subject to and governed by the provisions of the 1961 Decree, including without limitation by paragraph 7 of the 1961 Decree.
f. All extractions by the Fontana Parties within the boundaries of the 1961 Decree area shall be subject to the terms of the Preliminary Injunction issued by the San Bernardino County Superior Court on March 20, 2015, and any subsequent court orders.
g. Valley District, using funds from the Fontana Parties and other public water suppliers from the Rialto Basin, shall seek to purchase water for importation into the Rialto Basin that will enable all public water suppliers using the Rialto Basin to extract the water needed by their customers in their respective service areas each year on a sustainable basis, provided that Valley District shall select projects or replenishment locations to reflect the Parties' respective payments towards such replenishment.

Settlement Agreement

h. To facilitate such long-term sustainable and reliable use of the Rialto Basin, the Parties intend to create a water market so that any public water supplier that does not need to use its entire allocation from the Rialto Basin in a given year may lease the unused allocation to another public water supplier, under terms and conditions established by those parties, provided that all such arrangements must be consistent with this Agreement and all water provided directly or indirectly by Valley District that is delivered outside of Valley District's service area shall be replaced at the appropriate full-cost rate of either the Metropolitan Water District of Southern California or Valley District, which cost shall be solely borne by the party receiving the water.
i. The Patties suppott and encourage the importation of water to serve multiple purposes, specifically:

1. Replenishing the Rialto Basin in an amount of 61,000 acre-feet for the reasons and in the manner described in paragraph [2] above. ii. To allow all patties that extract water from the Rialto Basin to meet the reasonable and beneficial demands of their respective customers. iii. Providing replenishment of the Rialto Basin to ensure the sustainability of water extractions from the Rialto Basin, which includes the importation of water to moderate the hydro logic cycle on both an intra-annual and a longterm basis.

J. Any party to the 1961 Decree may lease or purchase unused water rights from any other party to the 1961 Decree on terms mutually acceptable to those parties, provided that any such lease or purchase shall be consistent with the terms of this Settlement Agreement. If any party to the 1961 Decree extracts in the future more water than it is entitled to extract (such entitlement shall include any future water rights acquired by lease or purchase) in any given year, then that party shall pay Valley District within 12 months thereafter to acquire replacement water.

Valley District will acquire such replacement water in a manner and at a time that minimizes its cost; provided, however, that the quantity of such additional extractions and replacement water by all parties to the 1961 Decree in any given year shall not be greater than ten percent (I 0%) of Valley District's annual Rialto Basin recharge capacity for that year unless a greater amount is authorized by or under the authority of Valley District's General Manager. k. The Patties will jointly seek concurrence from the patties to the 1961 Decree to modify that Decree to utilize a calendar year rather than an October 1 through September 30 water year.
l. The Parties are willing to develop, adopt and implement a Rialto-Colton Basin sustainable groundwater management plan including, if the Pmiies and other public water suppliers extracting water from the Rialto-Colton Basin agree, an operating safe yield, a new index well regime, and/or other groundwater Settlement Agreement

management tools (including the ability to overproduce in any year subject to replenishment), which may be included in an amended Decree.

4. Valley District Sales o.f Water to San Gabriel
a. Upon placement of an order per Resolution 888, Valley District will deliver State Water Project water which San Gabriel prepaid and pre-purchased from Valley District from January 2003 through June 2006.
b. Upon placement of an order per Resolution 888, Valley District will fulfill its duties pursuant to the Mutual Assistance Letter agreement dated August 4, 2008 between Valley District, Metropolitan Water District of Southern California, and Inland Empire Utilities Agency (IEUA) for delivery of State Water Project water to San Gabriel through IEUA's CB19 connection.
c. Upon placement of an order per Resolution 888, Valley District and San Gabriel will promptly activate their existing physical connection to enable San Gabriel to take delivery of State Water Project water for delivery through San Gabriel's system to its customers (1) in Valley District's territory at Valley District's indistrict rate, and (2) in IEUA's territory with IEUA's and Metropolitan Water District of Southern California's concurrence and at IEUA's Tier I water rate.

5. Release
The Parties, and each of them, on behalf of themselves, and each of their respective past and present subsidiaries, parents, successors and predecessors, affiliates, related entities and divisions, partners, members, principals, associates, directors, managing or other agents, management personnel, officers, directors, shareholders, administrators, servants, employees, staff, attorneys, consultants, advisors, accountants, insurers, representatives, heirs and assigns and on behalf of any person or entity who may claim by or through them (all collectively, "Associated Parties"), hereby release, discharge, and agree not to sue each other and each other's Associated Parties, from any and all liabilities, claims, causes of action, obligations, demands, losses, damages, costs or expenses of any kind or nature whatsoever, past or present, asce11ained or unasce11ained, known or unknown, suspected or unsuspected, claimed or unclaimed, which they have, or have ever had, by virtue of any act, omission, reason, cause or thing arising from or related to the Litigation, i.e., the claims contained in the Plaintiffs' Second Amended Complaint and the Fontana Parties' First Amended Cross-Complaint.

In addition, Valley District hereby releases the Fontana Parties from all future claims that Valley District may make: ( 1) based on any provision of either the Orange County Judgment or the Western Judgment that imposes limits or restrictions on the Fontana Parties' Lytle Creek water rights, and (2) for alleged damages caused by the Fontana Parties' export of Lytle Creek water from the SBBA. These releases of future claims are expressly conditioned on the Fontana Parties' diversions, extractions, and deliveries pursuant to such water rights being consistent with the terms of this Agreement, including but not limited to the Replenishment and Sustainability Assessment provisions of Section 2 of this Agreement.

Settlement Agreement

None of the foregoing releases shall be construed to release a Party's future claim that another party has violated the terms of this Agreement or to preclude any party's future enforcement of the terms of this Agreement.

6. Use of the Term Assessment
The Parties' use herein of the term "assessment" to describe payments made under this Agreement is not intended by the Parties to bring such payments within the scope of A1ticle XIII C of the California Constitution, the Municipal Water District Law (California Water Code sections 71000 et seq.) nor any other legal requirement associated with "assessments."

7. Agreement re Use of Recalibrated Model
The Parties agree to limit use of the 2018 Recalibrated Rialto-Colton Basin Groundwater Model, which was developed by Geoscience and other patties and consultants (the "Model"), as follows:
a. The Model may not be used in any litigation or administrative proceedings in a manner adverse to any Party hereto. The Parties hereto reserve and do not waive any of their claims of privilege or other objections to the use of the Model in the Litigation by any Non-Settling Plaintiffs. Notwithstanding the April 6, 2016 Agreement to Protect Confidentiality of Communications in Settlement Negotiations, the Parties hereto may use any version of the Model in litigation or administrative proceedings against other parties, or for other purposes, so long as it is not used against any of the Parties hereto.
b. Specifically, the Parties agree not to object to use of the Model as follows: (a) in connection with efforts by the United States Enviromnental Protection Agency and other parties to remediate groundwater contamination in any groundwater basin, (b) in suppmt of Valley District's development of the Santa Ana River Watershed Integrated Model, and (c) in connection with any Patty's groundwater recharge and other groundwater management plans and projects. Nothing herein is intended to preclude any use of the Santa Ana River Watershed Integrated Model.

8. No Admissions
The Parties agree that California Evidence Code sections 1152 and 1154, and Federal Rule of Evidence 408, render this Agreement inadmissible as evidence against any of the Parties in any adjudicative or quasi-adjudicative proceeding, except that either Party may offer this Agreement as evidence in an action that seeks to compel the other Pa1ty to perform its obligations under this Agreement. This Agreement may also be admitted to prove that the Fontana Patties have agreed to adequate replenishment of the Rialto Basin.

Nothing in this Settlement Agreement admits or shall be construed as admitting any wrongdoing by any Palty. In patticular, and without limiting the generality of the preceding sentence, the Fontana Parties do not admit that they violated the 1961 Decree.

Settlement Agreement

9. Costs and Fees
Each Pmty shall bear its own fees and costs, including attorneys' and experts' fees, associated with the Litigation and this Agreement, including any dispute or other proceeding regarding this Agreement that may arise in the future.

10. Dismissal of the Action
Within five (5) business days of execution by all Parties, Valley District's counsel shall prepare and send to the Fontana Parties' counsel a Stipulation for Dismissal, with prejudice, of the claims and cross-claims asserted by Valley District and the Fontana Parties against each other. Within five (5) business days ofreceiving Fontana Parties' counsel's signature ( or permission to use an e-signature ), Valley District's counsel shall file the Stipulation for Dismissal with the Court, The Parties agree to seek judicial approval of this Agreement.

11. General Provisions
a. Authority. Each signatory of this Agreement represents thats/he is authorized to execute this Agreement on behalf of the Pmty for which s/he signs. Each Party represents that it has legal authority to enter into this Agreement and to perform all obligations under this Agreement.
b. Amendment. This Agreement may be amended or modified only by a written instrument executed by each of the Parties to this Agreement. c. Civil Code Section 1542 Waiver. The Parties expressly waive the rights provided under California Civil Code Section 1542, which states that:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HA VE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR.

The Parties understand the significance and consequences of this California Civil Code Section 1542 waiver, they assume the risk of any unknown facts and claims released by this Agreement, and they hereby assume full responsibility for any damages or losses covered by this waiver.

Initials (/t1 li./f'>
d. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, action, or proceeding brought under the scope of this Agreement shall be brought and maintained to the extent allowed by law in the County of San Bernardino, California.

Settlement Agreement

9. Costs and Fees
Each Party shall bear its own fees and costs, including attorneys' and experts' fees, associated with the Litigation and this Agreement, including any dispute or other proceeding regarding this Agreement that may arise in the future.

10. Dismissal of the Action
Within five (5) business days of execution by all Pa1iies, Valley District's counsel shall prepare and send to the rontana Parties' counsel a Stipulation for Dismissal, with prejudice, of the claims and cross-claims asserted by Valley District and the Fontana Parties against each other. Within five (5) business days of receiving Fontana Parties' counsel's signature ( or permission to use an e-si gnature ), Valley District's counsel shall file the Stipulation for Dismissal with the Court. The Parties agree to seek judicial approval of this Agreement.

11. General Provisions
a. Authority. Each signatory of this Agreement represents thats/he is authorized to execute this Agreement on behalf of the Pa1iy for which s/he signs. Each Party represents that it has legal authority to enter into this Agreement and to perform all obligations under this Agreement.
b. Amendment. This Agreement may be amended or modified only by a written instrument executed by each of the Parties to this Agreemenl. c. Civil Code Section 1542 Waiver. The Parties expressly waive the rights provided under California Civil Code Section 1542, which states that:
d.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR.

The Parties understand the significance and consequences of this California Civil Code Section 1542 waiver, they assume the risk of any unknown facts and claims released by this Agreement, and they hereby assume full responsibility for ~'---'-----n-iages ~vered by this waiver.

Juris ii ·tion and Venue. This Agreement shall be governed by and construed in e rdance with the laws of the State of California. Any suit, action, or proceeding brought under the scope of this Agreement shall be brought and maintained to the extent allowed by law in the County of San Bernardino, California.

Settlement Agreement

9. Costs and Fees
Each Party shall bear its own fees and costs, including attorneys' and experts' fees, associated with the Litigation and this Agreement, including any dispute or other proceeding regarding this Agreement that may arise in the future.

10. Dismissal of the Action
Within five (5) business days of execution by all Parties, Valley District's counsel shall prepare and send to the Fontana Parties' counsel a Stipulation for Dismissal, with prejudice, of the claims and cross-claims asserted by Valley District and the Fontana Parties against each other. Within five (5) business days ofrecciving Fontana Parties' counsel's signature (or permission to use an e-signature), Valley District's counsel shall file the Stipulation for Dismissal with the Court. The Parties agree to seek judicial approval of this Agreement.
11 . General Provisions
a. Authority. Each signatory of this Agreement represents thats/he is authorized to execute this Agreement on behalf of the Party for which s/he signs. Each Party represents that it has legal authority to enter into this Agreement and to perform all obligations under this Agreement.
b. Amendment. This Agreement may be amended or modified only by a written instrument executed by each of the Parties to this Agreement. c. Civil Code Section 1542 Waiver. The Parties expressly waive the rights provided under California Civil Code Section 1542, which states that:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH DEBTOR.

The Parties understand the significance and consequences of this California Civil Code Section 1542 waiver, they assume the risk of any unknown facts and claims released by this Agreement, and they hereby assume full responsibility for any damngcs or losses c ~ this waiver.

Initials: ___ 7ml/
d. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any suit, action, or proceeding brought under the scope of this Agreement shall be brought and maintained to the extent allowed by law in the County of San Bernardino, California.

Settlement Agreement

e. Headings. The paragraph headings used in this Agreement are intended for convenience only and shall not be used in interpreting this Agreement or in determining any of the rights or obligations of the Parties to this Agreement. f. Construction and Interpretation. This Agreement has been arrived at through negotiations and each Party has had a full and fair opportunity to revise the terms of this Agreement. As a result, the normal rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in the construction or interpretation of this Agreement.
g. Entire Agreement. This Agreement constitutes the entire and final agreement of the Parties with respect to the subject matter of this Agreement and supersedes any prior oral or written agreement, understanding, or representation relating to the subject matter of this Agreement.
h. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective Parties to this Agreement.

No Party may assign its interests in or obligations under this Agreement without the written consent of the other Parties, which consent shall not be unreasonably withheld or delayed.
i. Waivers. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. Oral waivers shall not be permitted or valid.

J. Warranty. Each Pa1ty hereto warrants and represents that it has the power and authority to settle and release claims as set forth herein, and that its signatory is duly authorized and empowered to sign this Agreement on its behalf. Each party further warrants that it has been represented by legal counsel in the negotiation and drafting of this Agreement. This Agreement is the result of a negotiated compromise and was jointly drafted by the Parties.
k. Necessary Actions. Each Pa1ty agrees to execute and deliver additional documents and instruments and to take any additional actions as may be reasonably required to carry out the purposes of this Agreement. The Parties further agree to take no action that would frustrate the purposes of this Agreement.

1. Compliance with Law. In performing their respective obligations under this Agreement, the Parties shall comply with and conform to all applicable laws, rules, regulations and ordinances.
m. Third Party Beneficiaries. This Agreement shall not create any right or interest in any non-Party or in any member of the public as a third party beneficiary. n. Counte,parts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

Settlement Agreement

o. Non-Reliance. The Paities represent, warrant, agree, and shall be forever estopped to deny each of the following:

1. That no adverse pa1ty or attorney has made, nor have the Parties relied upon, any promise, representation or warranty whatsoever, express or implied, which is not contained herein, to induce them to execute this Agreement;
ii. That they have read and understand this Agreement;
iii. That the Parties are the sole owners of all claims and causes of action that they have asse1ted in this lawsuit, and that they have never assigned or transferred any of said claims or causes of action to any other party; iv. That the Parties and their attorneys have made such investigation as they deem necessary of the facts and law pertaining to this Agreement and the value of the consideration and the claims being released hereby; and v. That if they subsequently discover that any fact relied upon by them in entering into this Agreement was untrue, that any facts were concealed from them, or that their understanding of the facts or law or the terms of this Agreement was in any way incorrect, they shall still not be entitled to set aside this Agreement and the above releases.
p. Cooperation. The Parties will cooperate and coordinate all public announcements relating to this Agreement.
q. Notices. All notices, requests, demands or other communications required or permitted under this Agreement shall be in writing unless provided otherwise in this Agreement and shall be deemed to have been duly given and received on:
(i) the date of service if served personally or served by electronic mail or facsimile transmission on the Party to whom notice is to be given at the address(es) provided below, (ii) on the first day after mailing, if mailed by Federal Express, U.S. Express Mail, or other similar overnight courier service, postage prepaid, and addressed as provided below, or (iii) on the third day after mailing if mailed to the Party to whom n0tice is to be given by first class mail, registered or certified, postage prepaid, addressed as follows:

General Manager
San Bernardino Valley Municipal Water District
380 East Vanderbilt Way
San Bernardino, CA 92408
With a copy to:

David Aladjem
Downey Brand LLP
621 Capitol Mall, 18th Floor
Sacramento, CA 95814
Settlement Agreement

President
San Gabriel Valley Water Company
11142 Garvey Avenue
El Monte, CA 91733
With a copy to:

T. J. Ryan
Vice President and General Counsel
San Gabriel Valley Water Company
11142 Garvey Avenue
El Monte, CA 91733
General Manager
Fontana Water Company
15966 Arrow Route
Fontana, CA 923 3 5
With a copy to:

T. J. Ryan
Vice President and General Counsel
San Gabriel Valley Water Company
11142 Garvey A venue
El Monte, CA 9173 3
President
Fontana Union Water Company
15966 Arrow Route
Fontana, CA 92335
With a copy to:

Thomas H. McPeters, Esq.
700 E. Redlands Boulevard, Suite U-297
Redlands, CA 92373-6109
General Manager
Cucamonga Valley Water District
10440 Ashford St.

Rancho Cucamonga, CA 91730-2799
With a copy to:

Thomas S. Bunn III
Lagerlof, Senecal, Gosney & Kruse
301 N Lake Av Ste 1000
Pasadena, CA 91101-5123
Settlement Agreement

Dated: September .JJ,. 2018
Dated: September~, 2018
Dated: September_, 2018
Dated: September_, 2018
Dated: September_, 2018

SAN BERNARDINO VALLEY MUNICIPAL

WATER DISTRICT
By: -------.
.;r~ ---'-"'-----~ Mark Bulot
Board President
Approved As To Form:
(/ -)
i /4,,'...-- By: _ ____ .,_,, _____ _
David R. E. Aladjem
Special Counsel

SAN GABRIEL VALLEY WATER COMPANY
By: _________ _
Michael L. Whitehead
Chief Executive Officer
Approved As To Form:

By: _________ _
Frederic A. Fudacz
Nossaman LLP

FONTANA WATER COMPANY
By: __________ _
Robert W. Nicholson
President
Settlement Agreement

Dated: September__, 2018
Dated: September__, 2018
Dated: September /'-, 2018
Dated: September_, 2018
Dated: September 1,k; 2018

SAN BERNARDINO VALLEY MUNICIPAL

WATER DISTRICT
By: ______ ____ _
Mark Bulot
Board President
Approved As To Form:

By: ________ _ _
David R.E. Aladjem
Special Counsel

SAN GABRIEL VALLEY WATER COMPANY
Chief Executive Officer
Approved As To Form:
---...~ -..i_ By: _ ____, - .________ L., ".__,.J-c ____ -~-----, Frederic A. Fudacz
Nossaman LLP

FONTANA WATER COMPANY
By [1-w.

Robert W.
~ Nicholson
President
Settlement Agreement

Dated: September~, 2018
Dated: September__, 2018
Dated: September .lz., 2018
Dated: September_, 2018
Dated: September_, 2018
Approved As To Form:

By:_~---c:,,_-~---l _-_-_-~
Frederic A. Fudacz
Nossaman LLP

FONTANA UNION WATER COMPANY
By:1~
Martin E. Zvirbul ls
President
Approved As To Form :
~ \
t:,. --.... ,,-----
By: _ _.,__ ___ _
Frederic A. Fudacz
Nossaman LLP

CUCAMONGA VALLEY WATER DISTRICT
].
11es V. Curatal
President L pp roved As To Form:

By: ------------ Thom as S. Bunn Ill
Special Counsel
Settlement Agreement

Dated: September_, 2018
Dated: September_, 2018
Dated: September_, 2018
Dated: September_, 2018
Dated: September)?'." 2018
Approved As To Form:

By: _________ _
Frederic A. Fudacz
Nossaman LLP

FONTANA UNION WATER COMPANY
By:------------
Martin E. Zvirbulis
President
Approved As To Form:

By:----------
Frederic A. Fudacz
Nossaman LLP

CUCAMONGA VALLEY WATER DISTRICT
By: _________ _
By:

James V. Curatalo, Jr.

President
Approved As To Form:
~e:m,A.~ ,J . .BIA.,,\,...._ (ti
Thomas S. Bunn Ill
Special Counsel
Settlement Agreement

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::~ .
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:·• ..... · .. :
· ....-.... -•

EXHIBIT A
DWR Bulletin 118 (2016) Basin Boundaries
Lytle Creek Basin '
00 Chino Adjudicated Basin
• ''t
t# ..
........ ;
\..~
No-Man's Land, also called "Paper Gap"
Rialto-Colton Basin 2
San Bernardino Basin Area '
North Riverside Basin Area'
W Rialto Basin'
r ~ f Fontana Water Company Service Area Boundary
•.-"'""
0 "
02 ~"'IJ••• "' 'I - Valley District Service Area Boundary "'~ W.tlNo fflil@'illiiRI ·A Production Wells
,,
M2Wlld fl.l)t• A.
. ., ....

Pt,l"ff"o211
::-.
./' City of Colton
.. City of Rialto
~ San Gabriel Valley/Fontana Water Company
"" West Valley Water District
1 • Ly11e GW Management Zone • CA Regional Water Quality Board 2 - Colton Basin Area , Western-San Bernardino Watermaster 3 • ~In Snnlldno W~tffl'lnlllf
4 - 1961 Decree
,,
""
'" •2i~ .. ~
,,
\\
22 .. .:.\,
.. \\
"' "' ·~ .. fi7:Ji'J Sulllv•n " \a. ,, 7•18 J Swlllvo.n",f 6610 J Sulllv•n ,:--._ ~
N
A
1:80,000
.,. ".:-
Sou,c~s Esl:t. HERE D~lormt' , IJ\ttf\,11i"p 1n'boloe..tt-P Cu,p GEBSO USGS FAD NPS NRCAN Gt:>oB'~t:'. IGN Kadasl~J NL 0 1dnanct- Swvey, Esu Jopc1 l METI Esn China (Hong l'f.O";E! f SWIS SIOP9 Mapiny"lnd,3 ~;i11ffltt•~p_00mn01nor~. a nd the GIS U~e, Commun1i'y

~£~~'" r+-tJ- 4t 5~t Of
D/\TE FILED &POSTED

NOTICE OF EXEMPTION
To:

San Bernardino County Clerk
Hall ofRecords Building, First Floor
222 W. Hospitality Lane
San Bernardino, CA 92415
Kern County Clerk
1115 Truxtun Avenue
Bakersfield, CA 93301
From:

San Bernardino Valley Municipal Water District
380 East Vanderbilt Way
San Bernardino, CA 92408
Project Title: Water Banking and Water Supply Reliability Program with Kern Delta Water District
Location -- Specific: Counties of Kern and San Bernardino, within service areas of Kern Delta Water District and San Bernardino Valley Municipal Water District Description of Nature, Purpose, and Beneficiaries of Project: San Bernardino Valley Municipal Water District (hereinafter, "Valley District") proposes to bank State Water Project water in banking facilities operated by the Kern Delta Water District (hereinafter, "Kern Delta") for later withdrawal and use within Valley District. Under the prograrri, the Valley District will bank up to 30,000 acre-feet of the water it would otherwise be allocated during the 2011-2012 water year pursuant to Table "A" of its State Water Project contract in existing water banking facilities operated by the Kern Delta. Diversions to the water banking facilities will be made through existing water conveyance facilities and will occur during the period between October 2011 and February 2012. Under the proposal, Kern. Delta will, at Valley District's request, return up to 5,000 acre-feet per year to Valley District through existing conveyance facilities during or after the 2011-12 water year.

The proposal is consistent with and included within the scope of Kern Delta's 2002 Final Environmental Impact Report ("FEIR") for its Groundwater Banking And In-Lieu Water Supply Project (State Clearinghouse # 2001011103), which addressed the environmental impacts of the use of Kern Delta's facilities for the banking of up to 213,000 acre-feet by other water agencies, such as Valley District. Because Valley District's proposal involves making use of presentlyunused capacity of the California Aqueduct, other State Water Project facilities, and Kern . Delta's conveyance and banking facilities, all of which were indentified in Kern Delta'sFEIR as facilities that would be used to bank water, the project represents the use of existing facilities within the limits established by applicable legal requirements. Moreover, the environmental effects, if any, ofthe project were fully analyzed in Kern Delta's FEIR, and the project does not alter the conclusions ofthe 2002 FEIR.
1 i190069.3

SBVMWD LEGAL
DOCUMENT 2327

Name of Public Agency Approving or Carrying Out Activity: San Bernardino Valley Municipal Water District
Finding of Exempt Status:

I&l Categorical Exemption. CEQA Guidelines § 15301 (Existing Facilities) Reasons why activity is exempt:

The project is exempt from CEQA review pursuant to 14 Cal. Code Regs. § 15301 (Existing Facilities) because the proposal is for the banking and recovery of up to 30,000 acre feet of water delivered pursuant to an existing long term State Water Project contract through existing water conveyance facilities to and from existing water banking facilities. The overall program for water banking by Kern Delta (of which this banking project is a small part) was previously analyzed underCEQA and any significant effects on the environment were fully mitigated.

Agency Contact Person: Douglas Headrick
Dou as Headrick
Title: General Manager
I: Signed by Public Agency
o Signed by Applicant
1190069,3
2 Telephone: (909) 387-9200
Date: _-oI./_D-+';1.....t.7~!....::t/~.., -{).:..+/I- r , Date received for filing by County Clerk:

TlTLE
STATE CLEARING HOUSE # (lfappl/cabla)
Private Entity
$2,839.25 $ _
$2,044.00 $ _
$850.00 $ _
$965.50 $ _--....--:>"'<_-=---...-__
$50.00 $ s:v ""00
State Agency
RECEIPT# 415 51 9
$-------
TOTAL RECEIVED $ D6 ,00

PINK - LEAD AGENCY
Other Special District
~ql5"V
Credit ifCheck 0 Other

AGmuEMENT llJr:TW~EN
KE'trNcUE'LTA WA'fER DISTRICT
AAn THE SAN :q~MJ.RDINO VAJJLEYMUNICIPALWATER
DlSl'RICl'
FORA
WATER MANAGEMEN1t~:RO~lMM
Tars AGJt;BEi*:eNT C;'.gt,eewenf'):, ¢latel1las:0fC261m 'd~ ..','>;<! ~Oll., is entet~(linto b~l;Uie£betWee:l.titJJl.e :KE~DEL t AW!klER..•DISTRfe;rC"H~~n ;)j),eltt\"~~j and TU~:S~'B~(lN~:'fI~l)l!J't M~IP~ W.l'ERnIS'rmtf'·~"'.Il~f")' , 'V:aI1le¥>aFlR'&em ]j'«1t'i\,JIla~lte'teferred to in:diviQually as P4JJtyot c.uUeettveI¥. as Panties.

EREAMBLE,
1'hiSJA~~lftn~»i i.~:,~~eJ!au.§Y ~fe:l~~el~lwm~Jl~ ~taiwa:t~ n1~~~@J,t(l?JiJ;t llfSlg~am. ,ctfl~gtdati(j)n' Fl1Q.am-;') tb,iit:!iSJi£Wlng ,implemented lb~' Kem.DeLta and ~afle~fllj)j,·tle ll~oSe 01 e~andimg' the W'aters'~'~~:~Ma:f1a:biie toboth.enffties\ ~~ ~s inten~edthal?n:<\>,~Sln~ls:

A~nee1l\l.-et1t'9£the:Rr~gWltt~t').:erngtam Isi10·(:l).matel~lmtlY: im~{;ttt tl1e'lnf~~_'~it~l's{i'Q,gM(:l o1tgol:ng:Rem Delta o,e,t)a:tt~$; .~~~iad:;veFse1~ il)1pac~elthe1)phY'sicall~~, :(jJ,tlel'a~i~~al{~ 01' . -.. l ;(e-cf);nQmi~aUt' th~i ~e. ~,~1~;~~Jl~~lilO.d~M!Jl~l!~~ qr'(3i) l1~sal11ln ,a l.t~tj cLe'lteas.~ i'u,'\~al~l1 ~"(DP'ti~$' a¥4rbible"fon heneficlatJl5:e:withIn ~em;neluns bqurldaliesslle'QilfieafI* and 'the's~ut1ll:em San Jtta~uiA v;a[(~f ~~ne~aIt~. 'I1tiis,t$re,in'tentlon oft'f1t;; ~a~i~s that" t,lm~\i!S~P:t:QJV1sJt>ns((j)f;tlli~ . ,~~};eemefit~ aCWral' eXjlrO$~~~tive adverseimpac!s'o.f:tneR,egUlatlort Pr6:g.t:rim.wili be JlvQided. ." 'The' Re~ation~1:Qafanr~s':ii1fended,to be 'operated 'in ani~er~o, optim;i~ 'a~a(l~bk wa~r sttJ!'~lje~, It~illl!tl'Jj2;~,~w D~ltafactifd~~, {lS, w¢11 all the.~l:<1SS V'all~1i Qliihl:Il\tmllI!l!t~ mtelii~

Canal Qftl;r~ Arvin-Edison Transportation Facilities.

A. I<.'ern Delta ineludesapproximately t29,~()O acres wtthinits boundames. Attaoh~d ExhibitB: iiicludes;maps settifi~fo1tlrth~botmlro1:eS' Cs~t\(icea,tea}0f~ern Delta(E~iblt B-1);, the ~~gulfl,~iQl:lRt;o:gram F1acIHties(t£xbfbits B'~~alld B-3}. Appl':cmimal-ely 87,QOO,a;c:res :~iV~' ,existin~ s¢~ice< cfl~,§ti9nsJQltta~ !tl?,fDD,¢lYtJ diii~tnbQtibn'§$'stem :~,0,(i)'~ acres ofwliichle, outside KemDelta's bQuJ!1<bwres)JattQ}th~lan6lQ;wnelswit~m"sttMsJ;}tf~~ wa,ter$ervi.9~ m:~a!U:~ in large ~a1t <l.~l'~!1f(ieD,;t~n Ketl¥Deltti:tf¢>Jia'waters~~ply. ·A<ldt'tieiially, Kern Delta's;f)£>erat1~~s enlianee:g"~ttBd~tex c0ltcftif'i<rt1$ fittth~t:e1rt~n:ing'a:p>,£>r.()xitnat~~N ,3'4~<?,a~ acres,witllln the:

District. ~9~eet;tand.o\\merd:emaftclO) ~e~;l~elta has, am6ng,otfi~r:t~trg$. ti)~~ntrf!01~'!:J tll'*\ water su,}>lM,:~tll 'fh:§ :&~mCouu.i:W~~~r Agen~¥ ('~CW~~) 'providingfor del'hvctY, tf1 mern, Delta (j):fi"~'),~<an,aGr~,.fe;etJ <)~"t~le'A'\'fl(tet {ttji)fit ;fn~ 'C'alifQB3,'!lat~ Wat~~ B:J;\)J~Qt ('~1i~\}1~ ~, WU:t~l:';~l,"(~~. ~nttfl'~'m1q;agr~em~uts::~iI'lliJen~ ----- -,rjjsta Water~itomg~nistriett'~BueJta,'Vii:s1la!;) -",,--' provrdiUgif<\»t$e;' eJeo}Umge ,'(;)'f,'~e~~~lta.,t 111~le,A 'W~t§lF f0r"aJ:~l;eamo'\IDt ot'Du~Ila ~I~ta~ , Kern ~v~r '~~ter; '~~J ~cet1))i11ed'\(~!~illSi'el!4 ~vef, water' rjighfdlistorr~mr¥utilimett~ ~S:¢ll~~'tIDlj~, WithinancIJW411J~tl~em De1w."S'iil>W1tid~$ \-~Ke1inJ,t~'ve» m~tlementi?;al\ld' {4'J enteredrint0' {- '. .' . a8feemeE.t~, \Wth/me M~tl'~l?Olitllfl,;~t~rDlsttjct of South~m1CaJ;ff~miQ" ("·M~1l\~p.Q1il~''')· J5foV'fjiilg fQt'tib:e te~1rath,.i:n'01l\M:~tt0p¥Jitaa~ s waterintk~ plUl:a~ter basin undeEl~[}fig,~Kem Delta. ~rinies; I<:ein ;Il~lta na~ \Vat~) aYlDljllt~ fJi,rm i$''f;~~le:b ~l¢r, its'~lro; R{i',{et ~u{jt!~m~l\tfQf' ot!l~r::,s9wre~~), whi'eh ce,utd! ~e)hetteriegtlUttedl'tfut~ugh,aaditidfia:t fa'GUtt1c$ CQJ.1stFuet~tt ~itliittK~ip llellaJllXfJ;l) ttl<~qnsi<;i.~g\it(Jn Q:f"tq¢ b¥l!ei~1 to'he deiived 'tnroljlgp this) l\~ree,;i)jl,ent~Riern l1elta rs!~Qi~g, toregu;late fer V;al~e~~tb¢t)'WAte:r,i11r<l\,ln¢Ui:by Vi~ll~Yi 2

B. VaIlwIS a public ageneyfonnea>umfer the MUliioipalWater District Act of 1 11. ~aney provides imp.ut;tedsqpplics for water agencies'to' suppl~U1enf localrg.un,icipal water s~p'p1ies within service area located in San Bemmf<lino a:nd1{i'Ve:i'side Counties. Val1e~ obt~t1s it~: \\Iate~s:U:l1pli~s frQ@ the ~{tate Water Pr~je~~ ~q. othyf sOUJ;ces. Vafley seeks to augment its! ,dry: year water suppIiesQY arranging fo( delivell't'p :artA, ~,Wlk:tag QfwaterWtthin Kern DelUl and t}l<y,ex,tractton and 4el~veryt(\)fl>~ed waterta ''V1JT[~y d)lring:perij~s, t>r:1nsuffioient supply fI\oll'l R!~ltlatiQl\); Program :as!'fQ:vtd~d. iu this, Ag,te~m.e11it,. Wb!r!~yi~~mE1ella ~iU tegulate water on ~a1te,t"Si benalfano delivev,thatlwater to ",a11e~ U11>ctlai~e~lJpst; "J11t~ ~Jqll4ted ~ater gynel1al1y,wU~ ~e 'b~Iik~tnthe,K:ernmelta Basmarra, UpC}llletnat1<t, Q'ff~!alle);~ suei).-iWater w!flbe a~livered to; Vall'e~ thr'0wgb eitlleJlt aJij1 eX\istihg;in;t~ttieitnt(): .elQ~jromJ;a ACl~edu'Cft\)r ~oug:n, an <e~ehan:g,ec 1).1IX~kR~~atQB l?!Q~~, wi).l; PX~~t~~fqr'~~~~o~ "t'aiey of-ex;1stlflg;Ke~ IJelUij J}3Gi11ties and"eonstmetf0fl'afld Qllerati0l1t 1fGl1t"'Al1W'«s~~ ~:ti'~frn l,l,~lfa R§gW:atl'QU PI<Q,~ ;1*'aJt:ll:'ti~s! tijI. w~ll tl~¥~]Ie~'s:~s~ge Qf\~Jitl:f.l1,t.t1t<:~in~'Bdis<onTfa$1~~QnatiQnFacilities;and:
, eros-s·t:lilt'erCanal:. 1iJ.U;S'~gdlration pj~glj~tS)th~ri't~dto.prtl¥l'deami~iinum rechar,ge; and} ,t~tYm ~ll~b'mt~qf $i!~'~(i};aclie- feetanriualt~~i .. , , ",. _"" ;,.", ,,~ ,', ,,' ,',' '" , i "",, ',<
:E. Ihis Ai~t\eem~ntrJ;u;gggh r~;gltll!ttQn l!~~i e!i>l}~~rvl!!i~n,;.Qff'~ater supl?1ies, ,is tnten<d~:cltQ (bi.ptQ~tlte fiaRey With,a~difI'd'n:at sl;JljWi~s:; o.£'Wa1i:ff !IDit~'lt~ \1Qnsist~J)~ w.i11h pr~tI~g, liJen~,fi' ·tQ Val)~f ~1:s'QPt;ovJ~e:~emm.~l.ta,Wilh'acCess to·:iaeiV.faeilides, 4~Plt@te,a teItaoll'itt 6tstxpplii:(~$ana.impt'6"V'e K.(jjmPel~ISi!~pilitft~' ¢Dhan¢'¢;."lr(1)Jiln4~aterc@nc1itlol1s. ~\ c~?J),~istent With the CatltQrn1a.Eli~~&~roenfaj19uaf.fw A.et t'O:BQ.a'~J? K:em Del~J

actingw !~!'l9,~gencY', has completed an EnvironmentalwpaetReport ¢o1'leetni11'g the R~gulation Pr~gram. I(e~ Oelfl:Vs m:>ar{1 QfUire,ctors~ on November 12;2002, consider.ed, approved and certifloothe FinaL~nvironmental Impact R.eport ("FBJiR"); i!Si betngiJ! <,iollil)!?tbmce with CEQA, ~~ y;w.1e~'$' BOArd orDirectol\s,:acmng as a responsible agency, on Detobe1'4, '2,UI l.coflsidered anet appro.\led a»otilcte ofExeI111~t1O:i1f()t~ne}activities COl'lte:ll\lplated1'uncler tlUs A~ment. A :t:stQ11~~()~I>~temPn~tronto, pro:c,eedwitb the Itegulafiotf l?r:og~atf)i~as"adoptet1 b, I{c.et'ij, Delta on :&r-Oy~in1beD I~~ 2.00~; In t¥tl~s:I 2Q:H KernD~lta preP~~:Y ;lY!'adgend1ll11 to the aforementioned El'lt~:Us ~ti'bn iSj c0nsistent'wrth,l{ern Delta's2~002JE·nvni?i>m~"J;iD1tfJ;:_IPaG,t;.~~pQ:rr,wh~ch ltllItlt~~~~~thtl;ui(};Of~~m Dett!.!s,;e»¥tin~,and ~ew;recnar;~~ 'ann, C£lnv.;eyattC'.t! fa~ilities.tQenhance ~emIJetll!.+~u1ttltee,ooligrntma~~te~ ,~tll~pftl$, CE*uibtft JR,~:d,gen:dl\ll1il?tQ t&:~ iEmt). , tli:P0lll:~1;fi¢h t1ti~A,gtteeme1'1ti$'bi$~<di; that" with e~l§!ilJ~f'@;~'ilit~siandiwells'alongwith 'the new ftc!fliti~s1C(i)nt€mptated uncferthis ,~greement fpr tft6 Q,p~~aUQff ~£ th:~,:&t~ttt~i~nBIhQ&IaID; it'will ;t>"ij;Jt\l,8jl~1~tot~'Ql1;ale 5SuJ£m.'eielit:'Wlilt~l) ~,and)re~!S'l11:~ttcient"w-ateij;lt~m,:tne gl10uttdwater 'tttasml(!j); b:otlll{ern'J)'e1fft:'~ 1f((i)JfifiaLiUlucUS,tumm Wi~eSr~<tR:~~att<>.n Pt-t>~@,In purposes. !,aTIClLEi. i1riFjlN'tT~~S
I." ,,~.
(~t aAcMiijjtJ'-:me'ailsan :a~cQooUnl):inm:tlfe'et;hf I(~ 'IJdta,f(;)F' thejj:ene;',~ ec( Vailey l\hms.1!umlt~·'this'-Agf\~lfmeJ1~ 1,11 '~mJ~JJ:,;~~~yl~ted \Mat¢.t:,:whiclliS:'IO~li:Yer~a", Watet less:to$se,$' '~~aueted iJll aecordanee;with;t\Jfi'~l~ 't;~Q~el!aiiQll~ ,l-§l~S§,~l~j:S'~I1egile1t,;ll.f\)Gq. 4eliver~ to: the, FpOOnt9~ De]i~e~ to Kern ))'dltaanG4Sdeb,1te,d up.~na,~li;yeI"'to the:f!~ti.t1~ QfD~t~.¢'rY'l:~V /;\ll~~.