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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE EXECUTION
OF A CONTRACT FOR TEMPORARY WATER SERVICE
BETWEEN THE UNITED STATES AND THE CITY OF
FRESNO TO PURCHASE AND ACCEPT NON-STORABLE
FLOOD FLOWS FROM MILLERTON LAKE DURING THE
CURRENT WATER YEAR
WHEREAS, it is anticipated that the United States Department of the Interior, Bureau of Reclamation (USBR), will declare that a temporary supply of water may exist that is not storable for Central Valley Project purposes ; and, pursuant to Section 215 of the Reclamation Reform Act of 1982 (Public Law 97-293), this temporary supply of water is exempt from the ownership limitations of Federal Reclamation Law; and WHEREAS, the City of Fresno (City) has existing facilities through which it can take delivery of this water; and
WHEREAS, City staff has determined a need for such a temporary water supply from the USBR, and that delivery of such temporary water would cause no apparent detriment to the City; and
WHEREAS, the City intends to request delivery of this temporary water to their lands; and
WHEREAS, if non -storable flows are made available from Millerton Lake, the USBR requires that the City execute a 215 Contract prior to receiving water; and WHEREAS, historically the USBR has also required that Council adopt a resolution of intent to enter into a 215 Contract prior to execution of such contract.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. Council authorizes the Director of Public Utilities or designee to purchase non-storable flood flows from Millerton Lake should they be made available by the United States Department of the Interior, Bureau of Reclamation.
2. Council authorizes the Director of Public Utilities or designee to execute a Contract for Temporary Water Service between the United States and the City of Fresno, subject to approval as to form by the City Attorney’s Office, to facilitate the purchase and acceptance of non-storable flood flows from Millerton Lake.
3. This resolution shall be effective upon final approval.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney