Fresno City Council
August 14, 2025

Type of Plan Member of
RUWMP
Member of
Regional Alliance
Name of RUWMP or
Regional Alliance
Individual UWMP No No N/A
2-2 | Public Water Systems
City of Fresno Appendix B 2020 UWMP Tables

Type of Supplier Year Type Unit Type
DD MM
325851
892.7425
2-3 | Agency Identification
Conversion to Gallons:

Conversion to Gallons per Day:

First Day of Year
Retailer Calendar Years Acre Feet (AF)
City of Fresno Appendix B 2020 UWMP Tables

-
-
2-4R | Water Supplier Information Exchange
Wholesale Water Supplier Name
United States Bureau of Reclamation
Fresno Irrigation District
City of Fresno Appendix B 2020 UWMP Tables

-
Population Served 2020 2025 2030 2035 2040 2045
Total 550,217 609,433 674,677 719,327 765,278 812,529
3-1R | Current & Projected Population
City of Fresno Appendix B 2020 UWMP Tables

- -- -
Use Type Additional
Description
Level of Treatment
When Delivered
2020
Volume
Single Family Drinking Water 60,065
Multi-Family Drinking Water 18,842
Commercial Drinking Water 16,971
Industrial Drinking Water 5,729
Institutional/Governmental See Note 1 Drinking Water --- Landscape Drinking Water 10,478
Other Travel Meters Drinking Water 340
Losses Drinking Water 9,568
Groundwater Recharge Raw Water 42,686
- Total: 164,679
4-1R | Actual Demands for Water
Notes:

1. Institutional and Governmental water usage is included in the Commercial use type.

City of Fresno Appendix B 2020 UWMP Tables

- - -----
-
Use Type
2025 2030 2035 2040 2045
Single Family 76,255 80,429 82,934 85,437 87,936
Multi-Family 19,000 20,654 21,737 22,831 23,935
Commercial 19,052 21,135 22,587 24,041 25,496
Industrial 7,410 9,003 9,922 10,841 11,758
Institutional/Governmental See Note 1
Landscape 4,490 5,035 5,422 5,809 6,196
Other Travel Meters 200 200 200 200 200
Losses 10,097 10,900 11,408 11,917 12,426
Groundwater Recharge Raw Water 62,700 65,400 68,100 70,800 73,500 - Total: 199,204 212,756 222,310 231,876 241,447
Projected Water Use
4-2R | Projected Demands for Water
Notes:

1. Institutional and Governmental water usage is included in the Commercial use type.

Additional
Description
City of Fresno Appendix B 2020 UWMP Tables

-
- 2020 2025 2030 2035 2040 2045
Potable and Raw Water
From Table 4-1R and 4-2R 164,679 199,204 212,756 222,310 231,876 241,447 Recycled Water Demand
From Table 6-4R 4,757
Total Water Use: 169,436 199,204 212,756 222,310 231,876 241,447 -
4-3R | Total Gross Water Use
Note: Recycled water supply is a potable water offset, thus the recycled water demand in years 2025-2045 is included in the potable and raw water demand total.

City of Fresno Appendix B 2020 UWMP Tables

MM YYYY
1 2016 9,036
1 2017 10,235
1 2018 9,028
1 2019 9,059
1 2020 9,568
4-4R | 12 Month Water Loss Audit Reporting
*For years 2016, through 2019, volume of water loss is taken from the field "Water Losses" (a combination of apparent losses and real losses) from the AWWA worksheet. For 2020 the volume of water loss is estimates as the difference in metered water produced and entered into the distribution system and metered consumption.

Report Period Start Date Volume of Water Loss*
City of Fresno Appendix B 2020 UWMP Tables

Yes
Section 4.2.4.2
Are Lower Income Residential Demands Included in Projections? Yes Section or page number where the citations utilized in the demand projects can it be found:
4-5R | Inclusion in Water Use Projections
Are Future Water Savings Included in Projections?
Refer to Appendix K of UWMP Guidebook.

City of Fresno Appendix B 2020 UWMP Tables

-
Baseline Period Start
Year
End
Year
Average Baseline
GPCD*
Confirmed 2020
Target *
10-15 Year 1999 2008 309 247
5 Year 2003 2007 304 N/A
-
*All values are in Gallons per Capita per Day (GPCD)
5-1R | Baselines & Targets Summary
City of Fresno Appendix B 2020 UWMP Tables

-
Actual 2020
GPCD* Extraordinary
Events*
Economic
Adjustment*
Weather
Normalization*
Total
Adjustments*
Adjusted
2020 GPCD*
198 0 0 0 0 0 0 Yes
-
*All values are in Gallons per Capita per Day (GPCD)
Optional Adjustments to 2020 GPCD
5-2R | 2020 Compliance
2020 GPCD*
(Adjusted if
applicable)
Supplier
Achieved
Targeted
Reduction
in 2020
City of Fresno
Appendix B
2020 UWMP Tables

-
Groundwater Type Location or Basin Name 2016 2017 2018 2019 2020 Alluvial Basin San Joaquin Groundwater
Basin: Kings Subbasin 99,107 105,211 76,796 54,609 55,028 - Total: 99,107 105,211 76,796 54,609 55,028
6-1R | Groundwater Volume Pumped
City of Fresno Appendix B 2020 UWMP Tables

-
Name of WastewaterCollection Agency
Wastewater VolumeMetered or Estimated
Wastewater Volume Collected from UWMP Service Area in 2020 Name of Wastewater Agency Receiving Collected Wastewater Wastewater Treatment Plant Name
Wastewater Treatment Plant Located within UWMP Area
WWTP Operation Contracted to a Third Party
City of Fresno Metered 63,652 City of Fresno RWRF Yes No City of Fresno Metered 325 City of Fresno NFWRF Yes No- Total: 63,977 Note: Wastewater Volume in units of AF
6-2R | Wastewater Collected within Service Area in 2020 Wastewater Collection Recipient of Collected Wastewater Percentage of 2020 service area covered by wastewater collection system (optional):

Percentage of 2020 service area population covered by wastewater collection system (optional):

The supplier will complete the table.

City of Fresno
Appendix B
2020 UWMP Tables

-
-Wastewater Treatment Plant Name
Discharge Location Name or Identifier
Discharge Location Description
Wastewater Discharge ID Number
Method ofDisposal
Plant Treats Wastewater Generated Outside the Service Area Treatment Level
Wastewater Treated
Discharged Treated Wastewater
Recycled Within Service Area
Recycled Outside of Service Area
Instream Flow Permit Requirement
RWRF Treatment Site Onsite Percolation Ponds WDR Order R5-2018- 0080 Percolation ponds Yes Secondary, Undisinfected 63,652 58,949 - 3,845 - RWRF Treatment Site Onsite Percolation Ponds WDR Order R5-2018- 0080 Percolation ponds Yes Tertiary 858 - - NFWRF Treatment Site Onsite Pond WDR Order R5-2014- 0162 Percolation ponds No Tertiary 325 271 54 - - - Total: 63,977 59,220 912 3,845 - 2020 Volumes
6-3R | Wastewater Treatment & Discharge Within Service Area in 2020 The supplier will complete the table.

City of Fresno
Appendix B
2020 UWMP Tables

--
Beneficial Use Type Potential Beneficial Uses of Recycled Water Amount of Potential Uses of Recycled Water General Description of 2020 Uses Level of Treatment 2020 2025 2030 2035 2040 2045 Agricultural Irrigation Non-food crop irrigation 7,900 Irrigate non-food crops Secondary, Undisinfected 3,845 7,900 7,900 7,900 7,900 7,900 Landscape Irrigation (excludes golf courses) Landscape Irrigation 5,800 Landscape irrigation, distribtued through the southwest recycled water distribution system Tertiary 858 5,800 5,800 5,800 5,800 5,800
Agricultural Irrigation Food crop irrigation 410
Irrigate limited food crops, distribtued through the southwest recycled water distribution system Tertiary - 410 410 410 410 410
Golf Course Irrigation Landscape Irrigation 110 Copper River Golf Course Tertiary 54 110 110 110 110 110 - Total: 4,757 14,220 14,220 14,220 14,220 14,220
Internal Reuse (Not included in Statewide Recycled Water Volume). 11 30 30 30 30 30 0%
N/A
The supplier will complete the table.
6-4R | Recycled Water Direct Beneficial Uses Within Service Area Name of Supplier Producing (Treating) the Recycled Water:

Name of Supplier Operating the Recycled Water Distribution System:

Supplemental Volume of Water Added in 2020:

Source of 2020 Supplemental Water:

City of FresnoCity of Fresno
City of Fresno
Appendix B
2020 UWMP Tables

--
Use Type 2015 Projection for 2020 2020 Actual Use
Agricultural Irrigation 14,200 3,845
Landscape Irrigation (excludes golf courses) 4,300 858
Golf Course Irrigation 54
Commercial Use
Industrial Use 1,400
Geothermal and Other Energy Production
Seawater Intrusion Barrier
Recreational Impoundment
Wetlands or Wildlife Habitat
Groundwater Recharge (IPR)* 1,300
Surface Water Augmentation (IPR)*
Direct Potable Reuse
Total: 21,200 4,757
--
6-5R | 2015 Recycled Water Use Projection Compared to 2020 Actual The supplier will complete the table.

City of Fresno Appendix B 2020 UWMP Tables

--
Name of Action Description
Planned
Implementation
Year
Expected Increase
of Recycled Water
Use
Build Infrastructure Recycled Water Distribution System Expansion 2021 5,000
- Total: 5,000
--
6-6R | Methods to Expand Future Recycled Water Use
The supplier will complete the table below.

City of Fresno Appendix B 2020 UWMP Tables

-
-Name of Future Projects or Programs
Joint Project with Other Suppliers
Agency Name Description
Planned Implementation Year
Planned for Use in Year Type
Expected Increase in Water Supply to Supplier
Expansion of Tertiary Recycled Water Treatment
No See Section 6.7 All Year Types
Expansion of Surface Water Treatment Capacity
No See Section 6.7 All Year Types
Expansion of Groundwater Recharge Program
No See Section 6.7 All Year Types
6-7R | Expected Future Water Supply Projects or Programs Page Location for Narrative in UWMP: Section 6.7
Some or all of the supplier's future water supply projects or programs are not compatible with this table and are described in a narrative format.

City of Fresno
Appendix B
2020 UWMP Tables

-
-Water Supply Additional Detail on Water Supply Actual Volume Water Quality Total Right or Safe YieldGroundwater (not desalinated) 55,028 Drinking WaterSurface water (not desalinated) USBR CVP 37,447 Drinking WaterSurface water (not desalinated) FID Contract 71,292 Drinking WaterRecycled Water RWRF 858 Recycled WaterRecycled Water NFWRF 54 Recycled Water- Total: 164,679 - 2020
6-8R | Actual Water Supplies
City of Fresno
Appendix B
2020 UWMP Tables

--
--
6-8DS | Source Water Desalination
Neither groundwater nor surface water are reduced in salinity prior to distribution. The supplier will not complete the table.

City of Fresno Appendix B 2020 UWMP Tables

--
-
-Water Supply Additional Detail on Water Supply Reasonably Available Volume Total Right or Safe Yield Reasonably Available Volume Total Right or Safe Yield Reasonably Available Volume Total Right or Safe Yield Reasonably Available Volume Total Right or Safe Yield Reasonably Available Volume Total Right or Safe Yield Groundwater (not desalinated) Kings Subbasin 138,090 143,630 149,100 154,490 159,820 Surface water (not desalinated) USBR CVP 60,000 60,000 60,000 60,000 60,000 Surface water (not desalinated) FID Contract 125,030 131,600 131,600 131,600 131,600 Recycled Water NFWRF Tertiary Disinfected 5,800 5,800 5,800 5,800 5,800 Recycled Water RWRF Tertiary Disinfected 110 110 110 110 110 - Total: 329,030 - 341,140 - 346,610 - 352,000 - 357,330 - 6-9R | Projected Water Supplies
2025 2030 2035 2040 2045
Projected Water Supply
City of Fresno
Appendix B
2020 UWMP Tables

--
7-1R | Basis of Water Year Data (Reliability Assessment) Page Location for Narrative in UWMP:

Quantification of available supplies is not compatible with this table and is provided elsewhere in the UWMP.

See Section 7.1.3 in the UWMP
City of Fresno Appendix B 2020 UWMP Tables

--
-
2025 2030 2035 2040 2045
Supply Totals
From Table 6-9R 329,030 341,140 346,610 352,000 357,330 Demand Totals
From Table 4-3R 199,204 212,756 222,310 231,876 241,447 Difference: 129,826 128,384 124,300 120,124 115,883
--
7-2R | Normal Year Supply and Demand Comparison
City of Fresno Appendix B 2020 UWMP Tables

--
-
2025 2030 2035 2040 2045
Supply Totals 189,852 195,392 200,862 206,252 211,582
Demand Totals 164,092 176,132 184,174 192,228 200,287
Difference: 25,760 19,260 16,688 14,024 11,295
--
7-3R | Single Dry Year Supply & Demand Comparison
City of Fresno Appendix B 2020 UWMP Tables

- - 2025 2030 2035 2040 2045
First Supply Totals 273,725 279,265 284,735 290,125 295,455 Year
Demand Totals 199,204 212,756 222,310 231,876 241,447
- Difference: 74,521 66,509 62,425 58,249 54,008
Second Supply Totals 274,626 280,166 285,636 291,026 296,356 Year
Demand Totals 199,204 212,756 222,310 231,876 241,447
- Difference: 75,422 67,410 63,326 59,150 54,909
Third Supply Totals 217,568 223,108 228,578 233,968 239,298 Year
Demand Totals 190,267 193,637 197,736 201,753 205,708
- Difference: 27,301 29,471 30,842 32,215 33,589
Fourth Supply Totals 189,852 195,392 200,862 206,252 211,582 Year
Demand Totals 162,551 165,920 170,020 174,036 177,992
- Difference: 27,301 29,471 30,842 32,215 33,589
Fifth Supply Totals 314,840 320,380 325,850 331,240 336,570 Year
Demand Totals 199,204 212,756 222,310 231,876 241,447
- Difference: 115,636 107,624 103,540 99,364 95,123
-- -
-- -
7-4R | Multiple Dry Years Supply & Demand Comparison
City of Fresno Appendix B 2020 UWMP Tables

Gross Water Use 184,910
Total Supplies 240,905
Surplus/Shortfall without WSCP Action 55,995
WSCP (Supply Augmentation Benefit) 0
WSCP (Use Reduction Savings Benefit) 0
Revised Surplus/Shortfall 55,995
Resulting Percent Use Reduction from WSCP Action 0%
Gross Water Use 187,827
Total Supplies 244,448
Surplus/Shortfall without WSCP Action 56,621
WSCP (Supply Augmentation Benefit) 0
WSCP (Use Reduction Savings Benefit) 0
Revised Surplus/Shortfall 56,621
Resulting Percent Use Reduction from WSCP Action 0%
Gross Water Use 170,051
Total Supplies 196,200
Surplus/Shortfall without WSCP Action 26,149
WSCP (Supply Augmentation Benefit) 0
WSCP (Use Reduction Savings Benefit) 0
Revised Surplus/Shortfall 26,149
Resulting Percent Use Reduction from WSCP Action 0%
Gross Water Use 151,432
Total Supplies 178,164
Surplus/Shortfall without WSCP Action 26,732
WSCP (Supply Augmentation Benefit) 0
WSCP (Use Reduction Savings Benefit) 0
Revised Surplus/Shortfall 26,732
Resulting Percent Use Reduction from WSCP Action 0%
Gross Water Use 196,504
Total Supplies 300,911
Surplus/Shortfall without WSCP Action 104,407
WSCP (Supply Augmentation Benefit) 0
WSCP (Use Reduction Savings Benefit) 0
Revised Surplus/Shortfall 104,407
Resulting Percent Use Reduction from WSCP Action 0%
2021
7-5 | Five-Year Drought Risk Assessment Tables to Address Water Code Section 10635(b)
2022 Planned WSCP Actions (Use Reduction and Supply Augmentation) Planned WSCP Actions (Use Reduction and Supply Augmentation) 2023 Planned WSCP Actions (Use Reduction and Supply Augmentation) 2024 Planned WSCP Actions (Use Reduction and Supply Augmentation) 2025 Planned WSCP Actions (Use Reduction and Supply Augmentation) City of Fresno Appendix B 2020 UWMP Tables

Shortage
Level
Percent
Shortage1 Water Shortage Condition
0 No water shortage condition. Corresponds with year-round water use measures listed in Section 1.5.1 and demand reduction measures listed for “All” stages in Table 3.1 0-10% Stage 1 may be triggered by any of the following conditions:
•The available water supplies for the next year are projected to be less than 100% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or •After having been in a Stage 2 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type2 or higher; or•After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
2 10-25%
Stage 2 may be triggered by any of the following conditions:
•The available water supplies for the next year are projected to be less than 90% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or •After having been in a Stage 3 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type2 or higher; or•After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
3 25-35%
Stage 3 may be triggered by any of the following conditions:
•The available water supplies for the next year are projected to be less than 75% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or •After having been in a Stage 4 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type2 or higher; or•After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
4 35-50%
Stage 4 may be triggered by any of the following conditions:
•The available water supplies for the next year are projected to be less than 65% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or •After having been in a Stage 5 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type2 or higher; or•After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
5 >50%
Stage 5 may be triggered by any of the following conditions:
•The available water supplies for the next year are projected to be less than 50% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment. 8-1 | Water Shortage Contingency Plan Levels
1Shortage levels indicate the gap between supply and demand compared to normal-year conditions. The Annual Assessment incorporates a 10% buffer on top of projected demands for conservative planning.2Water year types were defined 2006 San Joaquin River Restoration Settlement Agreement for USBR allocations and characterized in Section 6.2 of the City’s 2020 UWMP.

City of Fresno
Appendix B
2020 UWMP Tables

Shortage
Level Demand Reduction Actions
How much is this
going to reduce the
shortage gap?1
Additional Explanation or Reference Penalty, Charge, or Other Enforcement2 All Expand Public Information Campaign Not Applicable Community outreach includes classroom presentations, outreach educational information, and water tours. Increase communication as drought stages increase. Not ApplicableAll Improve Customer Billing Not Applicable Water bills show customer usage vs. average usage for the customer category. Increase customer notifications of high water use based on advanced metering infrastructure (AMI) data as drought stages increase.

Not Applicable
All Offer Water Use Surveys Not Applicable Use water leak surveys with all community members. Not Applicable All Provide Rebates for Landscape Irrigation Efficiency Not Applicable The City offers rebates for micro-irrigation conversions, soil moisture sensors, smart irrigation controller, and rain sensors to improve efficiencies. Not ApplicableAll Provide Rebates for Turf Replacement Not Applicable The City provides rebates for community members who wish to replace their turf with a drought-resistant garden. Not ApplicableAll Provide Rebates on Plumbing Fixtures and Devices Not Applicable The City offers rebates on a variety of high-efficiency plumbing fixtures, such as washers, toilets, and urinals. Not ApplicableAll Decrease Line Flushing Not Applicable The City uses NO-DES for regular pipe flushing to eliminate discharging water. Not ApplicableAll Reduce System Water Loss Not Applicable The City has a comprehensive system water loss reduction program in place. Increase efforts to correct water system losses as drought stages increase. Not Applicable 1 Decrease Line Flushing 0 to 100% of shortage gap For dead-end flushing where the NO-DES truck cannot be used, reduce normal flushing time. Not Applicable 1 Increase Water Waste Patrols 0 to 100% of shortage gap Increase monitoring of AMI reporting and communication with customers; Conduct patrols based on public input. Not Applicable1 Landscape — Limit landscape irrigation to specific times 0 to 100% of shortage gap Voluntary limits: Summer: three days/week Winter: one day/week No2 Landscape — Limit landscape irrigation to specific times 0 to 100% of shortage gap Summer: three days/week Winter: one day/week Yes3 Landscape — Limit landscape irrigation to specific times 0 to 100% of shortage gap Summer: two days/week Winter: one day/week Yes4 Landscape — Limit landscape irrigation to specific times 0 to 100% of shortage gap Summer: one day/week Winter: one day/week Yes4 Other — Prohibit use of potable water for construction and dust control 0 to 100% of
shortage gap
The City provides rebates for community members who wish to replace their turf with a drought resistant garden No 4 Other — Prohibit use of potable water for construction and dust control 0 to 100% of
shortage gap
Prohibit use of potable water for construction, compaction, dust control, street or parking lot sweeping, and building washdowns where non-potable or recycled water is sufficient.

Yes
4 Other — Prohibit vehicle washing
except at facilities using recycled or recirculating water 0 to 100% of
shortage gap
Prohibit washing cars, boats, trailers, aircraft, or other vehicles, except at commercial or fleet vehicle-washing facilities using water recycling equipment. Yes 4 Pools and Spas - Require covers for pools and spas 0 to 100% of shortage gap Require covers for swimming pools when not in use. No 4 Other 0 to 100% of shortage gap Prohibit use of potable water for sewer system maintenance or fire protection training without prior approval by the City manager. Not Applicable4 Other 0 to 100% of shortage gap Prohibit use of outdoor misters. No 5 Landscape — Prohibit all landscape irrigation 0 to 100% of shortage gap Prohibit outdoor irrigation year-round. Yes5 Moratorium or Net Zero Demand Increase on New Connections 0 to 100% of shortage gap The City will temporarily limit or ban new water service connections within the service area. Not Applicable 1Reduction in the shortage gap is estimated and can vary significantly. 2Refer to WSCP Section 1.7 for Penalties for Water Wastage. 8-2 | Demand Reduction Actions
City of Fresno
Appendix B
2020 UWMP Tables

Shortage
Level
Supply Augmentation Methods
and Other Actions by Water
Supplier
How much is this
going to reduce the
shortage gap?
Additional Explanation or Reference
1 to 5 Transfers As Needed Purchase or exchange available USBR or FID surface water1 to 5 Other Purchases As Needed Interconnection with City of Clovis for use in emergencies 8-3R | Supply Augmentation & Other Actions
City of Fresno
Appendix B
2020 UWMP Tables

--
City 60 Day Notice Notice of Public Hearing Other
City of Clovis Yes Yes
County 60 Day Notice Notice of Public Hearing Other
County of Fresno Yes Yes
Other 60 Day Notice Notice of Public Hearing Other
Bakman Water Company Yes Yes
Fresno Irrigation District Yes Yes
Fresno Metropolitan Flood
Control District Yes Yes
Friant Water Authority Yes Yes
Garfield Water District Yes Yes
Malaga County Water District Yes Yes
North Kings Groundwater
Sustainabilty Agency
Yes Yes
Pinedale County Water
District Yes Yes
United Stated Bureau of
Reclamation South-Central
California Area Office
Yes Yes
--
10-1R | Notification to Cities & Counties
City of Fresno Appendix B 2020 UWMP Tables

C
C
SBx7-7 Tables and
Verification Form
SB X7-7 Table 7-A: Target Method 1
20% Reduction
10-15 Year Baseline
GPCD
2020 Target
GPCD
309 247
NOTES: SB X7-7 Table 7-F: Confirm Minimum Reduction for 2020 Target 5 Year
Baseline GPCD
From SB X7-7
Table 5
Maximum
2020 Target*
Calculated
2020 Target
Fm Appropriate
Target Table
Confirmed
2020 Target
304 288 247 247
* Maximum 2020 Target is 95% of the 5 Year Baseline GPCD NOTES: SB X7-7 Table 9: 2015 Compliance Actual 2015
GPCD
2015
Interim
Target
GPCD
Optional Adjustments (in GPCD)
2015 GPCD
(Adjusted if
applicable)
Did Supplier
Achieve
Targeted
Reduction
for 2015?
Extraordinary
Events
Weather
Normalization
Economic
Adjustment
TOTAL
Adjustments
Adjusted
2015 GPCD
190 278
From
Methodology
8 (Optional)
From
Methodology
8 (Optional)
From
Methodology
8 (Optional)
0 189.745674 189.745674 YES
NOTES:

City of Fresno
Appendix C
SBx7-7 Verification and Compliance Form

SB X7‐7 Table 0: Units of Measure Used in 2020 UWMP*
(select one from the drop down list)
Acre Feet
*The unit of measure must be consistent throughout the UWMP, as reported in Submittal Table 2‐3.

NOTES:

City of Fresno Appendix C SBx7-7 Verification and Compliance Form

NOTES:

SB X7‐7 Table 2:  Method for 2020 Population Estimate
Method Used to Determine 2020 Population
(may check more than one)

1. Department of Finance  (DOF) or
American Community Survey (ACS)

3. DWR Population Tool

4. Other
DWR recommends pre‐review

2. Persons‐per‐Connection Method
City of Fresno Appendix C SBx7-7 Verification and Compliance Form

□
□
□
□
2020                                          550,217
SB X7‐7 Table 3: 2020 Service Area Population
2020 Compliance Year Population
NOTES:

City of Fresno Appendix C SBx7-7 Verification and Compliance Form

Exported
Water *
Change in
Dist. System
Storage*
(+/‐)
Indirect
Recycled
Water
This column will
remain blank
until SB X7‐7
Table 4‐B is
completed.

Water
Delivered for
Agricultural
Use*
Process Water
This column will
remain blank
until SB X7‐7
Table 4‐D is
completed.
121,994 ‐             ‐                                      ‐    ‐                                        ‐    121,994 NOTES:

SB X7‐7 Table 4: 2020 Gross Water Use
2020 Volume
Into
Distribution
System
This column will
remain blank until
SB X7‐7 Table 4‐A
is completed.
2020 Gross Water
Use
2020 Deductions
* Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP, as reported in SB X7‐7 Table 0 and Submittal Table 2‐3.

Compliance
Year 2020
City of Fresno
Appendix C
SBx7-7 Verification and Compliance Form

9 Volume   Entering
Distribution System 1
Meter Error
Adjustment 2
Optional
(+/‐)
Corrected Volume
Entering
Distribution System
55,028 ‐ 55,028
Volume   Entering
Distribution System 1
Meter Error
Adjustment 2
Optional
(+/‐)
Corrected Volume
Entering
Distribution System
20,724 20,724
Compliance Year
2020
A purchased or imported source
1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP,  as reported in SB X7‐7 Table 0 and Submittal Table 2‐3.                                                                               2 Meter Error Adjustment ‐  See guidance in Methodology 1, Step 3 of Methodologies Document Surface Water‐ SESWTF
This water source is (check one) :

SB X7‐7 Table 4‐A:  2020 Volume Entering the Distribution System(s), Meter Error Adjustment
Complete one table for each source.

Name of Source Surface Water‐ NESWTF
Name of Source
SB X7‐7 Table 4‐A:  2020 Volume Entering the Distribution System(s) Meter Error Adjustment
Complete one table for each source.
1   Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP,  as reported in SB X7‐7 Table 0 and Submittal Table 2‐3.                                                                           2 Meter Error Adjustment  ‐ See guidance in Methodology 1, Step 3 of Methodologies Document NOTES
This water source is (check one) :

The supplier's own water source
A purchased or imported source
Groundwater
Compliance Year
2020
This water source is (check one) :

The supplier's own water source
NOTES:

SB X7‐7 Table 4‐A:  2020 Volume Entering the Distribution System(s), Meter Error Adjustment
Complete one table for each source.

Name of Source
City of Fresno Appendix C SBx7-7 Verification and Compliance Form

□
□
□
□
Volume   Entering
Distribution System 1
Meter Error
Adjustment 2
Optional
(+/‐)
Corrected Volume
Entering
Distribution System
45,367 45,367
Volume   Entering
Distribution System 1
Meter Error
Adjustment 2
Optional
(+/‐)
Corrected Volume
Entering
Distribution System
875 875
Compliance Year
2020
Compliance Year
2020
SB X7‐7 Table 4‐A:  2020 Volume Entering the Distribution System(s), Meter Error Adjustment
Complete one table for each source.
1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP,  as reported in SB X7‐7 Table 0 and Submittal Table 2‐3.                                                                           2 Meter Error Adjustment  ‐ See guidance in Methodology 1, Step 3 of Methodologies Document Surface Water‐ T‐3 SWTF
This water source is (check one) :

The supplier's own water source
A purchased or imported source
A purchased or imported source
NOTES:

SB X7‐7 Table 4‐A:  2020 Volume Entering the Distribution System(s), Meter Error Adjustment
Complete one table for each source.

Name of Source
Name of Source Enter Name of Source 5
This water source is (check one) :

The supplier's own water source
The supplier's own water source
A purchased or imported source
NOTES:
1 Units of measure (AF, MG , or CCF) must remain consistent throughout the UWMP,  as reported in SB X7‐7 Table 0 and Submittal Table 2‐3.                                                                           2 Meter Error Adjustment  ‐ See guidance in Methodology 1, Step 3 of Methodologies Document City of Fresno Appendix C SBx7-7 Verification and Compliance Form

□
□
□
□
□
□
2020 Gross Water
Fm SB X7‐7 Table 4
2020 Population Fm
SB X7‐7 Table 3
2020 GPCD
121,994 550,217 198
SB X7‐7 Table 5: 2020 Gallons Per Capita Per Day
(GPCD)
NOTES:

City of Fresno Appendix C SBx7-7 Verification and Compliance Form

Extraordinary
Events1
Weather
Normalization1
Economic
Adjustment1
198                         ‐                               ‐                          ‐    ‐                    198 247 YES NOTES:
1 All values are reported in GPCD2 2020 Confirmed Target GPCD is taken from the Supplier's SB X7‐7 Verification Form Table SB X7‐7, 7‐F.

SB X7‐7 Table 9: 2020 Compliance
Optional Adjustments to 2020 GPCD Did Supplier
Achieve
Targeted
Reduction for
2020?
Actual 2020
GPCD1
2020 Confirmed
Target GPCD 1, 2 TOTAL Adjustments1
Adjusted 2020
GPCD 1
(Adjusted if
applicable)
Enter "0" if Adjustment Not Used
City of Fresno
Appendix C
SBx7-7 Verification and Compliance Form

9 D
D
City of Fresno’s Reduce
Delta Reliance Reporting
Appendix D  ‐ Delta Reliance
1 1. Background
Under the Sacramento-San Joaquin Delta Reform Act of 2009, state and local public agencies proposing a covered action (e.g., a proposed project) in the Sacramento-San Joaquin Delta (Delta), prior to initiating the implementation of that action, must prepare a written certification of consistency with detailed findings as to whether the covered action is consistent with applicable Delta Plan policies and submit that certification to the Delta Stewardship Council.

Anyone may appeal a certification of consistency. If the Delta Stewardship Council grants the appeal, the covered action may not be implemented until the agency proposing the covered action submits a revised certification of consistency. The covered action may be implemented if either: 1) no appeal is filed; or 2) the Delta Stewardship Council denies the appeal to the revised certification of consistency.

The City of Fresno (City) contracts with the United States Bureau of Reclamation (USBR) Central Valley Project (CVP) Friant Division for an annual supply of 60,000 af of Class 1 water through an agreement originally executed in January 1961. Although the Friant Division of the CVP does not pull water from the Delta, the project was developed through an exchange agreement reached in 1939 with the Delta-Mendota supply that provides water to the Exchange Contractors1 with historic pre-1914 San Joaquin River water rights.

As restrictions on Delta exports have hindered USBR from making deliveries to the DeltaMendota Canal, the Exchange Contractors can call on their historic rights, which reduces the Friant Division Class 1 allocations. As such, the City is required to demonstrate consistency with the Delta Plan’s policy to reduce reliance on the Delta.

An urban water supplier that anticipates participating in or receiving water from a proposed covered action such as a multi-year water transfer, conveyance facility, or new diversion that involves transferring water through, exporting water from, or using water in the Delta should provide information in their 2015 and 2020 Urban Water Management Plans (UWMPs) that can then be used in the covered action process to demonstrate consistency with Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (WR P1).

WR P1 details what is needed for a covered action to demonstrate consistency with reduced reliance on the Delta and improved regional self-reliance. WR P1 subsection (a) states that:

1 The Exchange Contractors are the benefactors of the historic pre-1914 water rights established by Miller and Lux. These contracts include: Central California Irrigation District; San Luis Canal Company; Firebaugh Canal Water District; and Columbia Canal Company, per http://www.sjrecwa.net/history.html (accessed March 10, 2021).

City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
2 (a) Water shall not be exported from, transferred through, or used in the Delta if all of the following apply:
(1) One or more water suppliers that would receive water as a result of the export, transfer, or use have failed to adequately contribute to reduced reliance on the Delta and improved regional self-reliance consistent with all of the requirements listed in paragraph (1) of subsection (c); (2) That failure has significantly caused the need for the export, transfer, or use; and
(3) The export, transfer, or use would have a significant adverse environmental impact in the Delta.

WR P1 subsection (c)(1) further defines what adequately contributing to reduced reliance on the Delta means in terms of (a)(1) above.
(c)(1) Water suppliers that have done all the following are contributing to reduced reliance on the Delta and improved regional self-reliance and are therefore consistent with this policy:
(A) Completed a current Urban or Agricultural Water Management Plan (Plan) which has been reviewed by the California Department of Water Resources for compliance with the applicable requirements of Water Code Division 6, Parts 2.55, 2.6, and 2.8;
(B) Identified, evaluated, and commenced implementation, consistent with the implementation schedule set forth in the Plan, of all programs and projects included in the Plan that are locally cost effective and technically feasible which reduce reliance on the Delta; and
(C) Included in the Plan, commencing in 2015, the expected outcome for measurable reduction in Delta reliance and improvement in regional selfreliance. The expected outcome for measurable reduction in Delta reliance and improvement in regional self- reliance shall be reported in the Plan as the reduction in the amount of water used, or in the percentage of water used, from the Delta watershed. For the purposes of reporting, water efficiency is considered a new source of water supply, consistent with Water Code section 1011(a).

The analysis and documentation provided below include all the elements described in WR P1(c)(1) that need to be included in a water supplier’s UWMP to support a certification of consistency for a future covered action.

City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
3 2. Methodology
As stated in WR P1(c)(1)(C), the policy requires that, commencing in 2015, UWMPs include expected outcomes for improved regional self-reliance and measurable reduction in Delta reliance. WR P1 further states that those outcomes shall be reported in the UWMP as the reduction in the amount of water used, or in the percentage of water used, from the Delta. The expected outcomes for the City’s regional self-reliance and reduced Delta reliance were developed using the approach and guidance described in Appendix C of DWR’s Urban Water Management Plan Guidebook 2020 issued in March 2020 (Guidebook Appendix C), including the use of narrative justifications for the accounting of supplies and the documentation of specific data sources.

All data were obtained from planning documents adopted by the City Council, including the current and previous UWMPs and Metropolitan Water Resource Management Plan (Metro Plan) and represent average or normal water year conditions. Using normal water year demands serves as a proxy for the amount of supplies that would be used in a normal water year, which helps alleviate issues associated with how supply capability is presented to fulfill requirements of the UWMP Act versus how supplies might be accounted for to demonstrate consistency with WR P1.

To calculate the expected outcomes for improved regional self-reliance and reduced Delta reliance, a baseline is needed to compare against. This analysis uses a normal water year representation of 2010 as the baseline, which is consistent with the approach described in the Guidebook Appendix C. Data for the 2010 baseline were taken from the City’s 2008 UWMP. Consistent with the 2010 baseline data approach, the expected outcomes for improved regional self-reliance and reduced Delta reliance for 2015 and 2020 were taken from the City’s 2010 and 2015 UWMPs, respectively. Expected outcomes for 2025-2045 are from the current 2020 UWMP. Documentation of the specific data sources and assumptions are included in the discussions below.

City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
4 3. Demonstration of Regional Self-Reliance

3.1 Service Area Demands without Water Use Efficiency
Because WR P1 considers water use efficiency savings a source of water supply, water suppliers such as the City that do not explicitly quantify water use efficiency savings in their UWMPs can calculate their embedded water use efficiency savings based on changes in forecasted per capita water use since the baseline.

Agencies that explicitly calculate and report water use efficiency savings in their UWMP will need to make an adjustment to properly reflect normal water year demands in the calculation of reduced reliance. As explained in the Guidebook Appendix C, water use efficiency savings must be added back to the normal year demands to represent demands without water use efficiency savings accounted for; otherwise the effect of water use efficiency savings on regional self-reliance would be overestimated. Table 1 (included at the end of this appendix) shows the results of this adjustment for the City. Supporting narratives and documentation for all the data shown in Table 1 are provided below.

Service Area Demands with Water Use Efficiency
The service area demands shown in Table 1 represent the total water demands for the City’s service area. The demand data shown in Table 1 were collected from the following sources:
 Baseline (2010): Fresno 2008 UWMP, Table 6-5
 2015: Fresno 2010 UWMP, Table 7-2
 2020: Fresno 2015 UWMP, Table 4-4
 2025-2045: Fresno 2020 UWMP, Table 4-6
Non-Potable Water Demands
The non-potable water demands shown in Table 1 represent recycled water use that offsets potable water use in the City’s service area. The demand data shown in Table 1 were collected from the following sources:
 Baseline (2010): Fresno 2008 UWMP, Table 10-7
 2015: Fresno 2010 UWMP, Table 7-1
 2020: Fresno 2015 UWMP, Table 6-14
 2025-2045: Fresno 2020 UWMP, Table 4-7
Potable Service Area Demands with Water Use Efficiency
Subtract “Non-Potable Water Demands” from “Service Area Demands with Water Use Efficiency.”
City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
5 Service Area Population
The population data shown in Table 1 were collected from the following sources:
 Baseline (2010) and 2015: Fresno 2015 UWMP, Table 5-1  2020-2045: Fresno 2020 UWMP, Table 3-3
Estimated Water Use Efficiency Since Baseline
The “Per Capita Water Use” calculated using “Potable Service Area Demands with Water Use Efficiency” divided by “Service Area Population”. The “Change in Per Capita Water Use from Baseline” was then calculated by comparing with 2010 Per Capita Water Use.

Finally, the “Estimated Water Use Efficiency Since Baseline” was calculated by multiplying the “Change in Per Capita Water Use from Baseline” by the population for one (1) year.

Service Area Water Demands without Water Use Efficiency Add “Service Area Demands with Water Use Efficiency” to “Estimated Water Use Efficiency Since Baseline.”

3.2 Supplies Contributing to Regional Self-Reliance
For a covered action to demonstrate consistency with the Delta Plan, WR P1 subsection (c)(1)(C) states that water suppliers must report the expected outcomes for measurable improvement in regional self-reliance. Table 2 shows expected outcomes for supplies contributing to regional self-reliance both in amount and as a percentage. The numbers shown in Table 2 (included at the end of this appendix) represent efforts to improve regional self-reliance for the City’s entire service area and include the total contributions of the City and its customers. Supporting narratives and documentation for all of the data shown in Table 2 are provided below.

Estimated Water Use Efficiency Since Baseline
The water use efficiency information shown in Table 2 is taken directly from Table 1.

Water Recycling
The water recycling information shown in Table 2 is taken from the Non-Potable Water Demands row in Table 1.

Local and Regional Water Supply and Storage Programs
The values shown in Table 2 represent groundwater supplies considering both natural recharge and intentional recharge. The supply data shown in Table 2 were collected from the following sources:
 Baseline (2010): Fresno 2008 UWMP, Table 4-9
 2015: Fresno 2010 UWMP, Table 7-1
 2020: Fresno 2015 UWMP, Table 6-14
City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
6  2025-2045: Fresno 2020 UWMP, Table 6-8
Other Programs and Projects the Contribute to Regional Self-Reliance The values shown in Table 2 represent Kings River supplies considering both contracted supplies and recycled water exchange supplies. The supply data shown in Table 2 were collected from the following sources:
 Baseline (2010): Fresno 2008 UWMP, Table 4-11
 2015: Fresno 2010 UWMP, Table 7-1
 2020: Fresno 2015 UWMP, Table 6-5
 2025-2045: Fresno 2020 UWMP, Table 6-8
Water Supplies Contributing to Regional Self Reliance
Sum of:
 Estimated Water Use Efficiency Since Baseline
 Water Recycling
 Local and Regional Water Supply and Storage Programs
 Other Programs and Projects the Contribute to Regional Self-Reliance Percent of Water Supplies Contributing to Regional Self-Reliance “Water Supplies Contributing to Regional Self Reliance” divided by “Service Area Water Demands without Water Use Efficiency” (from Section 3.1).

3.3 Conclusions
The results shown in Table 2 demonstrate that the City’s service area is measurably improving its regional self-reliance. The following provides a summary of the near-term (2025) and long-term (2045) expected outcomes for the City’s regional self-reliance:
 Near-term (2025): The expected outcome for normal water year regional selfreliance is expected to increase by 129,700 AFY from the 2010 baseline; this represents an increase of about 31 percent of 2025 normal water year demands (Table 2).
 Long-term (2045): The expected outcome for normal water year regional selfreliance is expected to increase by more than 191,600 AFY from the 2010 baseline, this represents an increase of about 14 percent of 2045 normal water year retail demands (Table 2).

The results show that the City is measurably improving regional self-reliance, both as an amount of water used and as a percentage of water used.

City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
7 4. Demonstration of Reduced Reliance on the Delta
The City’s service area reduces reliance on the Delta through investments in non-Delta water supplies, local water supplies, and regional and local demand management measures.

4.1 Calculation of Reliance on Water Supplies from the Delta Watershed The calculation of reliance on water supplies from the Delta watershed, shown in Table 3 (included at the end of this appendix), is based on the following assumptions.

CVP/SWP Contract Supplies
The City water supplies with a connection to the Delta watershed are CVP/SWP Contract Supplies. The supply data shown in Table 3 is for anticipated average yield from the City’s USBR contract and were collected from the following sources:
 Baseline (2010): Fresno 2008 UWMP, Table 4-6
 2015: Fresno 2010 UWMP, Table 7-1
 2020: Fresno 2015 UWMP, Table 6-14
 2025-2045: Fresno 2020 UWMP, Table 6-2
Water Supplies from the Delta Watershed
Equal to “CVP/SWP Contract Supplies.”
Percent Change in Supplies from the Delta Watershed
Divides “Water Supplies from the Delta Watershed” by “Service Area Demands without Water Use Efficiency” (from Section 3.1) and calculates changes from the 2010 baseline.

4.2 Conclusions
The following provides a summary of the near-term (2025) and long-term (2045) expected outcomes for the City’s Delta reliance on supplies from the Delta watershed:
 Near-term (2025): The expected outcome for normal water year reliance on supplies from the Delta watershed is expected to decrease by 4,520 AF from the 2010 baseline. With Delta water representing 25.5% of service area water demand without water use efficiency, this represents a decrease from the 2010 baseline of

10.1% (Table 3).
 Long-term (2045): The expected outcome for normal water year reliance on supplies from the Delta watershed is expected to decrease by 4,520 AF from the 2010 baseline. With Delta water representing 19.5% of service area water demand without water use efficiency, this represents a decrease from the 2010 baseline of

16.2% (Table 3).

The results shown in Table 3 demonstrate that City is measurably reducing reliance on the Delta, both as an amount of water used and as a percentage of water used.

City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
8 5. UWMP Implementation
In addition to the analysis and documentation described above, WR P1 subsection (c)(1)(B) requires that all programs and projects included in the UWMP that are locally cost-effective and technically feasible, which reduce reliance on the Delta, are identified, evaluated, and implemented consistent with the implementation schedule. WR P1 (c)(1)(B) states that:
(B) Identified, evaluated, and commenced implementation, consistent with the implementation schedule set forth in the Plan, of all programs and projects included in the Plan that are locally cost effective and technically feasible which reduce reliance on the Delta[.]
In accordance with Water Code Section 10631(f), water suppliers must already include in their UWMP a detailed description of expected future projects and programs that they may implement to increase the amount of water supply available to them in normal and single-dry water years and for a period of drought lasting five consecutive years. The UWMP description must also identify specific projects, include a description of the increase in water supply that is expected to be available from each project, and include an estimate regarding the implementation timeline for each project or program.

Chapter 6 of the City’s 2020 UWMP summarizes the implementation of future water projects and continued progress in developing a diversified water portfolio to meet the City’s water needs.

City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL
9 6. 2015 UWMP Appendix L
The information contained in this appendix is also intended to be a new Appendix L attached to the City’s 2015 UWMP consistent with WR P1 subsection (c)(1)(C) (Cal. Code Regs. tit. 23, § 5003). The City provided notice of the availability of the draft 2020 UWMP, 2020 WSCP, and a new Appendix L to the 2015 UWMP and the public hearing to consider adoption of the documents in accordance with CWC Sections 10621(b) and 10642, and Government Code Section 6066, and Chapter 17.5 (starting with Section 7290) of Division 7 of Title 1 of the Government Code. The public review drafts of the 2020 UWMP, Appendix L to the 2015 UWMP, and the 2020 WSCP were posted on the City’s website, fresno.gov, on June 28, 2021, more than 14 days in advance of the public hearing on July 15, 2021. The notice of availability of the documents was sent to the City’s customers, as well as cities and counties in the City’s service area. Copies of the notification letter sent to the customers and cities and counties in the City’s service area are included in the 2020 UWMP Appendix L. Thus, this Appendix D to the City’s 2020 UWMP, which was adopted with the City’s 2020 UWMP, will also be recognized and treated as Appendix L to the City’s 2015 UWMP.

The City held the public hearing for the draft 2020 UWMP, draft Appendix L to the 2015 UWMP, and draft 2020 WSCP on July 15, 2021, at a regular City Council meeting, held online due to COVID-19 concerns. At the meeting, the City Council determined that the 2020 UWMP and the 2020 WSCP accurately represent the water resources plan for the City’s service area. In addition, the City Council determined that Appendix L to the 2015 UWMP and Appendix D to the 2020 UWMP includes all of the elements described in Delta Plan Policy WR P1, Reduce Reliance on the Delta Through Improved Regional Water Self-Reliance (Cal. Code Regs. tit. 23, § 5003), which need to be included in a water supplier’s UWMP to support a certification of consistency for a future covered action. As stated in Resolutions 2021-196, 2021-197, and 2021-198, the City Council adopted the 2020 UWMP, the 2020 WSCP, and Appendix L to the 2015 UWMP and authorized their submittal to the State of California. Copies of the resolutions are included in the 2020 UWMP Appendix M.

City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL 10 Table 1. Calculation of Service Area Water Demands without Water Use Efficiency (UWMP Table C-1 and Table C-2) Table C‐1: Optional Calculation of Water Use Efficiency ‐To be completed if Water Supplier does notspecifically estimate Water Use Efficiency as a supply Service Area Water Use Efficiency Demands
(Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Service Area Water Demands with Water Use Efficiency Accounted For 163,300 172,900 168,200 136,579 147,505 154,434 161,372 168,318 Non‐Potable Water Demands 750 1,000 9,500 14,220 14,220 14,220 14,220 14,220 Potable Service Area Demands with Water Use Efficiency Accounted For 162,550 171,900 158,700 122,359 133,285 140,214 147,152 154,098 Total Service Area Population
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Service Area Population 505,315 525,575 550,217 609,433 674,677 719,327 765,278 812,529 Water Use Efficiency Since Baseline
(Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Per Capita Water Use (GPCD) 287 292 257 179 176 174 172 169 Change in Per Capita Water Use from Baseline (GPCD) 5 (30) (108) (111) (113) (116) (118) Estimated Water Use Efficiency Since Baseline (2,833) 18,294 73,684 83,745 91,180 99,023 107,277 Table C‐2: Calculation of Service Area Water Demands Without Water Use Efficiency Total Service Area Water Demands
(Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Service Area Water Demands with Water Use Efficiency Accounted For 163,300 172,900 168,200 136,579 147,505 154,434 161,372 168,318 Reported Water Use Efficiency or Estimated Water Use Efficiency Since Baseline ‐ (2,833) 18,294 73,684 83,745 91,180 99,023 107,277 Service Area Water Demands without Water Use Efficiency Accounted For 163,300 170,067 186,494 210,263 231,250 245,614 260,395 275,595 City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL 11 Table 2. Calculation of Supplies Contributing to Regional Self-Reliance (UWMP Table C-3) Table C‐3: Calculation of Supplies Contributing to Regional Self‐Reliance Water Supplies Contributing to Regional Self‐Reliance
(Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Estimated Water Use Efficiency since Baseline ‐ (2,833) 18,294 73,684 83,745 91,180 99,023 107,277 Water Recycling 750 1,000 9,500 14,220 14,220 14,220 14,220 14,220 Stormwater Capture and Use
Advanced Water Technologies
Conjunctive Use Projects
Local and Regional Water Supply and Storage Projects 88,800 76,100 132,480 138,090 143,630 149,100 154,490 159,820 Other Programs and Projects the Contribute to Regional Self‐Reliance 131,750 117,400 116,000 125,030 131,600 131,600 131,600 131,600 Water Supplies Contributing to Regional Self‐Reliance 221,300 191,667 276,274 351,024 373,195 386,100 399,333 412,917 Service Area Water Demands without Water Use Efficiency (Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Service Area Water Demands without Water Use Efficiency Accounted For 163,300 170,067 186,494 210,263 231,250 245,614 260,395 275,595 Change in Regional Self Reliance
(Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Water Supplies Contributing to Regional Self‐Reliance 221,300 191,667 276,274 351,024 373,195 386,100 399,333 412,917 Change in Water Supplies Contributing to Regional Self‐Reliance (29,633) 54,974 129,724 151,895 164,800 178,033 191,617 Percent Change in Regional Self Reliance
(As Percent of Demand w/out WUE)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Percent of Water Supplies Contributing to Regional Self‐Reliance 135.5% 112.7% 148.1% 166.9% 161.4% 157.2% 153.4% 149.8%Change in Percent of Water Supplies Contributing to Regional Self‐Reliance ‐22.8% 12.6% 31.4% 25.9% 21.7% 17.8% 14.3% City of Fresno Appendix D – Delta Reliance July 2021
2020 UWMP FINAL 12 Table 3. Reliance on Water Supplies from the Delta Watershed (UWMP Table C-4) Table C‐4: Calculation of Reliance on Water Suppliesfrom the Delta Watershed Water Suppliesfrom the Delta Watershed
(Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
CVP/SWP Contract Supplies 58,200 58,200 52,600 53,680 53,680 53,680 53,680 53,680 Delta/Delta Tributary DiversionsTransfers and Exchanges of Supplies from the Delta Watershed Other Water Supplies from the Delta Watershed
Total Water Supplies from the Delta Watershed 58,200 58,200 52,600 53,680 53,680 53,680 53,680 53,680 Service Area Water Demands without Water Use Efficiency (Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Service Area Water Demands without Water Use Efficiency Accounted For 163,300 170,067 186,494 210,263 231,250 245,614 260,395 275,595 Change in Suppliesfrom the Delta Watershed
(Acre‐Feet)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Water Supplies from the Delta Watershed 58,200 58,200 52,600 53,680 53,680 53,680 53,680 53,680 Change in Water Supplies from the Delta Watershed ‐ (5,600) (4,520) (4,520) (4,520) (4,520) (4,520) Percent Change in Suppliesfrom the Delta Watershed
(As a Percent of Demand w/out WUE)
Baseline
(2010) 2015 2020 2025 2030 2035 2040
2045
(Optional)
Percent of Water Supplies from the Delta Watershed 35.6% 34.2% 28.2% 25.5% 23.2% 21.9% 20.6% 19.5% Change in Percent of Water Supplies from the Delta Watershed ‐1.4% ‐7.4% ‐10.1% ‐12.4% ‐13.8% ‐15.0% ‐16.2% E
E
AWWA Water Audits
Water Audit Report for:

Reporting Year:

All volumes to be entered as: ACRE-FEET PER YEAR
Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 5 112,398.020 acre-ft/yr 3 acre-ft/yr Water imported: n/a 0.000 acre-ft/yr 10 0.00% acre-ft/yr Water exported: n/a 0.000 acre-ft/yr n/a 0.00% acre-ft/yr Enter negative % or value for under-registration
WATER SUPPLIED: 112,398.020 acre-ft/yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 9 103,038.468 acre-ft/yr
Billed unmetered: n/a 0.000 acre-ft/yr
Unbilled metered: 10 42.876 acre-ft/yr Pcnt: Value:

Unbilled unmetered: 5 280.995 acre-ft/yr 1.25% acre-ft/yr AUTHORIZED CONSUMPTION: 103,362.339 acre-ft/yr
WATER LOSSES (Water Supplied - Authorized Consumption) 9,035.681 acre-ft/yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 10 280.995 acre-ft/yr 0.25% acre-ft/yr Customer metering inaccuracies: 5 1,041.226 acre-ft/yr 1.00% acre-ft/yr Systematic data handling errors: 5 257.596 acre-ft/yr 0.25% acre-ft/yr Apparent Losses: 1,579.817 acre-ft/yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 7,455.864 acre-ft/yr WATER LOSSES: 9,035.681 acre-ft/yr

NON-REVENUE WATER
NON-REVENUE WATER: 9,359.552 acre-ft/yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 1,810.39 miles
Number of active AND inactive service connections: 9 143,916 Service connection density: 79 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 3 50.0 psi

COST DATA
Total annual cost of operating water system: 10 $71,848,500 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $1.86 Variable production cost (applied to Real Losses): 5 $152.10 $/acre-ft WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Variable production cost (applied to Real Losses)
Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
280.995
2016 1/2016 - 12/2016
City of Fresno (1010007)
*** YOUR SCORE IS: 66 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Based on the information provided, audit accuracy can be improved by addressing the following components:
$/1000 gallons (US)
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed ?
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? Click to access definition
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Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property boundary,
that is the responsibility of the utility)
Use buttons to select
percentage of water supplied
OR
value
Click here: ?
for help using option
?
?
?
?
+
+ Click to add a comment
WAS v5.0
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+
American Water Works Association.
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+
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+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 ] n T
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Water Audit Report for:

Reporting Year:

All volumes to be entered as: ACRE-FEET PER YEAR
Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 5 121,079.641 acre-ft/yr 5 acre-ft/yr Water imported: n/a 0.000 acre-ft/yr 10 0.00% acre-ft/yr Water exported: n/a 0.000 acre-ft/yr acre-ft/yr
Enter negative % or value for under-registration
WATER SUPPLIED: 121,079.641 acre-ft/yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 9 110,520.840 acre-ft/yr
Billed unmetered: n/a 0.000 acre-ft/yr
Unbilled metered: 10 48.124 acre-ft/yr Pcnt: Value:

Unbilled unmetered: 5 276.052 acre-ft/yr 1.25% acre-ft/yr AUTHORIZED CONSUMPTION: 110,845.016 acre-ft/yr
WATER LOSSES (Water Supplied - Authorized Consumption) 10,234.625 acre-ft/yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 302.699 acre-ft/yr 0.25% acre-ft/yr Customer metering inaccuracies: 5 1,116.858 acre-ft/yr 1.00% acre-ft/yr Systematic data handling errors: 276.302 acre-ft/yr 0.25% acre-ft/yr Apparent Losses: 1,695.859 acre-ft/yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 8,538.766 acre-ft/yr WATER LOSSES: 10,234.625 acre-ft/yr

NON-REVENUE WATER
NON-REVENUE WATER: 10,558.801 acre-ft/yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 1,854.4 miles
Number of active AND inactive service connections: 9 146,212 Service connection density: 79 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 4 50.0 psi

COST DATA
Total annual cost of operating water system: 10 $76,015,350 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $2.01 Variable production cost (applied to Real Losses): 5 $175.42 $/acre-ft WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Variable production cost (applied to Real Losses)
<----------- Enter grading in column 'E' and 'J' ----------> AWWA Free Water Audit Software:

Reporting Worksheet
276.052
2017 1/2017 - 12/2017
City of Fresno
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? Based on the information provided, audit accuracy can be improved by addressing the following components:
$/1000 gallons (US)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 66 out of 100 ***
?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property boundary,
that is the responsibility of the utility)
Use buttons to select
percentage of water supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 ] n T
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© Q
© C
Water Audit Report for:

Reporting Year:

All volumes to be entered as: ACRE-FEET PER YEAR
Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 5 120,065.780 acre-ft/yr 8 acre-ft/yr Water imported: n/a acre-ft/yr acre-ft/yr
Water exported: n/a acre-ft/yr acre-ft/yr
Enter negative % or value for under-registration
WATER SUPPLIED: 120,065.780 acre-ft/yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 9 110,710.560 acre-ft/yr
Billed unmetered: n/a 0.000 acre-ft/yr
Unbilled metered: 8 27.129 acre-ft/yr Pcnt: Value:

Unbilled unmetered: 5 300.164 acre-ft/yr 1.25% acre-ft/yr AUTHORIZED CONSUMPTION: 111,037.853 acre-ft/yr
WATER LOSSES (Water Supplied - Authorized Consumption) 9,027.927 acre-ft/yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 300.164 acre-ft/yr 0.25% acre-ft/yr Customer metering inaccuracies: 5 1,118.563 acre-ft/yr 1.00% acre-ft/yr Systematic data handling errors: 276.776 acre-ft/yr 0.25% acre-ft/yr Apparent Losses: 1,695.503 acre-ft/yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 7,332.423 acre-ft/yr WATER LOSSES: 9,027.927 acre-ft/yr

NON-REVENUE WATER
NON-REVENUE WATER: 9,355.220 acre-ft/yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 1,854.7 miles
Number of active AND inactive service connections: 9 146,608 Service connection density: 79 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 10 53.3 psi

COST DATA
Total annual cost of operating water system: 10 $82,960,821 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $2.33 Variable production cost (applied to Real Losses): 5 $178.06 $/acre-ft WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Variable production cost (applied to Real Losses)
Average length of customer service line has been set to zero and a data grading score of 10 has been applied Are customer meters typically located at the curbstop or property line? AWWA Free Water Audit Software:

Reporting Worksheet
300.164
2018 1/2018 - 12/2018
City of Fresno
*** YOUR SCORE IS: 66 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed Based on the information provided, audit accuracy can be improved by addressing the following components:
$/1000 litres
<----------- Enter grading in column 'E' and 'J' ----------> Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property boundary,
that is the responsibility of the utility)
Use buttons to select
percentage of water supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+ Use Customer Retail Unit Cost to value real losses
?
To select the correct data grading for each input, determine the highest grade where the utility meets or exceeds all criteria for that grade and all grades below it.

AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 ] n T
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O®1
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© Q
© C
Water Audit Report for:

Audit Year:

All volumes to be entered as: ACRE-FEET PER YEAR
WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 115,544.090 Acre-ft/Yr n g 5.00% percent acre-ft/yr under-registration VOSEA WI Water Imported: n g 0.000 Acre-ft/Yr n g percent acre-ft/yr select….. WIEA WE Water Exported: n g 0.000 Acre-ft/Yr n g percent acre-ft/yr select….. WEEA 121,625.358 Acre-ft/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 106,485.360 Acre-ft/Yr
BUAC Billed Unmetered: n g 0.000 Acre-ft/Yr
UMAC Unbilled Metered: n g 52.635 Acre-ft/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 266.213 Acre-ft/Yr 0.25% default acre-ft/yr Default option selected for Unbilled Unmetered, with automatic data grading of 3 106,804.208 Acre-ft/Yr
WATER LOSSES 14,821.149 Acre-ft/Yr
Apparent Losses
Default option selected for Systematic Data Handling Errors, with automatic data grading of 3 choose entry option:

SDHE Systematic Data Handling Errors: n g 3 266.213 Acre-ft/Yr 0.25% default acre-ft/yr CMI Customer Metering Inaccuracies: n g 1,076.141 Acre-ft/Yr 1.00% percent acre-ft/yr under-registration UC Unauthorized Consumption: n g 3 266.213 Acre-ft/Yr 0.25% default acre-ft/yr Default option selected for Unauthorized Consumption, with automatic data grading of 3 1,608.568 Acre-ft/Yr
Real Losses
13,212.581 Acre-ft/Yr
14,821.149 Acre-ft/Yr

NON-REVENUE WATER
15,139.998 Acre-ft/Yr

SYSTEM DATA
Lm Length of mains: n g 1,862.2 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 147,633 (active and inactive) Service connection density: 79 conn./mile main
Yes
Lp Average length of (private) customer service line: n g 10 ft (average distance between property line and meter) AOP Average Operating Pressure: n g 50.0 psi

COST DATA
CRUC Customer Retail Unit Charge: n g $2.33
VPC Variable Production Cost: n g $230.95 $/acre-ft $/yr (optional input) WATER AUDIT DATA VALIDITY TIER:
go to
dashboard
PRIORITY AREAS FOR ATTENTION TO IMPROVE DATA VALIDITY: KEY PERFORMANCE INDICATOR TARGETS:

Based on the information provided, audit reliability can be most improved by addressing the following components: OPTIONAL: If targets exist for the operational performance indicators, they can be input below:

Unit Total Losses: gal/conn/day
Unit Apparent Losses: gal/conn/day
Unit Real LossesA
: gal/conn/day
Unit Real LossesB
: gal/mile/day
If entered above by user, targets will display on KPI gauges (see Dashboard) go to start page
NON-REVENUE WATER:

If entering an
Error Adjustment,
select under- or overregistration
WATER SUPPLIED:

AUTHORIZED CONSUMPTION:

Apparent Losses:

Average length of customer service line has been set to zero and a data grading of 10 has been applied Click 'g' for 10 parameter(s), then complete all visible data grading questions to enable the Data Validity Score to calculate $/1000 gallons (US)
$106,528,917
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Fresno
Jan 01 2019 - Dec 31 2019
Water Supplied Error Adjustments
2019 Calendar
Real Losses:

WATER LOSSES:

Click 'g' to determine data validity grade
Click 'n' to add notes
FWAS v6.0
American Water Works Association.

To access definitions, click the input name
To edit water system info:

AWWA Free Water Audit Software v6.0 Worksheet 1
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F
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DWR Population Tool
Output
3/17/2021 WUEdata Main Menu
https://wuedata.water.ca.gov/secure/wue_population_tool.asp?water_supplier_id=367 1/2 WUEdata - Fresno City Of  Sign Out
Please print this page to a PDF and include as part of your UWMP submittal.

Conrmation Information
Generated By Water Supplier Name Conrmation # Generated On Heather Freed Fresno City Of 8103177726 3/17/2021 12:16:56 PM Boundary Information
Census Year Boundary Filename Internal
Boundary ID
1990 fresno_1990_processed.kml 517
2000 fresno_2000_processed.kml 516
2010 fresno_2010_processed.kml 515
1990 fresno_1990_processed.kml 517
2000 fresno_2000_processed.kml 516
2010 fresno_2010_processed.kml 515
1990 fresno_1990_processed.kml 517
2000 fresno_2000_processed.kml 516
2010 fresno_2010_processed.kml 515
Baseline Period Ranges
10 to 15-year baseline period
Number of years in baseline period: 10
Year beginning baseline period range: 1996
Year ending baseline period range1: 2005
5-year baseline period
Year beginning baseline period range: 2003
Year ending baseline period range2: 2007
1 The ending year must be between December 31, 2004 and December 31, 2010. 2 The ending year must be between December 31, 2007 and December 31, 2010.

Persons per Connection
Year
Census Block Level Number of
Connections *
Persons per
Total Population Connection
1990 364,084 4.23
1991 - - 4.23
1992 - - 4.24
1993 - - 4.24
1994 - - 4.25
1995 - - 4.26
1996 - - 4.26
1997 - - 4.27
1998 - - 4.27
1999 - - 4.28
2000 439,062 102476 4.28
2001 - - 4.29
2002 - - 4.29
2003 - - 4.30
2004 - - 4.30
2005 - - 4.31
2006 - - 4.32
2007 - - 4.32
2008 - - 4.33
2009 - - 4.33
2010 505,315 116373 4.34
2011 - - 4.28
2012 - - 4.28
2013 - - 4.28
2014 - - 4.28
2015 - - 4.28
2020 - -      4.41 **
•O
3/17/2021 WUEdata Main Menu
https://wuedata.water.ca.gov/secure/wue_population_tool.asp?water_supplier_id=367 2/2 QUESTIONS / ISSUES? CONTACT THE WUEDATA HELP DESK
MWELO QUESTIONS / ISSUES? CONTACT THE MWELO HELP DESK
Population Using Persons-Per-Connection
Year Number of
Connections *
Persons per
Connection
Total
Population
10 to 15 Year Baseline Population Calculations
Year 1 1996 4.26
Year 2 1997 4.27
Year 3 1998 4.27
Year 4 1999 4.28
Year 5 2000 102476 4.28 439,062
Year 6 2001 4.29
Year 7 2002 4.29
Year 8 2003 4.30
Year 9 2004 4.30
Year 10 2005 4.31
5 Year Baseline Population Calculations
Year 1 2003 4.30
Year 2 2004 4.30
Year 3 2005 4.31
Year 4 2006 4.32
Year 5 2007 4.32
2020 Compliance Year Population Calculations
2020 124862      4.41 ** 550,217
Hide Print Conrmation
1 1 1
G
G
North Kings Subbasin
Groundwater
Sustainability Plan
Reference the North Kings Subbasin Groundwater Sustainability Plan online:
https://www.northkingsgsa.org/groundwater-sustainability-plan/ H
H
City of Fresno’s Central
Valley Project Contract
THIS CONTRACT, made this 18 day of
11 generally of the Act of June 17,1902 (32 Stat. 388), and acts amendatory or supplementary thereto, 1 12 including, but not limited to, the Acts of August 26,1937 (50 Stat. 844), as amended and 13 supplemented, August 4,1939 (53 Stat. 1187), as amended and supplemented, July 2,1956 14 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12,1982 (96 Stat. 1263), October 27, 1986 15 (100 Stat. 3050), as amended, and Title XXXIV of the Act of October 30,1992 (106 Stat. 4706), all 16 collectively hereinafter referred to as Federal Reclamation law, between the UNITED STATES OF 17 AMERICA, hereinafter referred to as the United States, and the CITY OF FRESNO, hereinafter 18 referred to as the Contractor, a public agency of the State of California, duly organized, existing, and 19 acting pursuant to the laws thereof;
20 WITNESSETH, That:
9 10
5 6
7 8
1 2
3 4
Contract No.
14-06-200-8901-LTR1
Aogust , 20005 , in pursuance

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION
Central Valley Project, California

LONG-TERM RENEWAL CONTRACT BETWEEN THE UNITED STATES
AND

CITY OF FRESNO

PROVIDING FOR PROJECT WATER SERVICE

FROM FRIANT DIVISION
f
Contract No. 14-06-200-8901-LTR1
EXPLANATORY RECITALS21
[1st 22 ] WHEREAS, the United States has constructed and is operating the Central Valley 23 Project (Project), California, for diversion, storage, carriage, distribution and beneficial use, for flood 24 control, irrigation, municipal, domestic, industrial, fish and wildlife mitigation, protection and 25 restoration, generation and distribution of electric energy, salinity control, navigation and other 26 beneficial uses, of waters of the Sacramento River, the American River, the Trinity River, and the 27 San Joaquin River and their tributaries; and
[2nd 28 ] WHEREAS, the United States constructed Friant Dam (thereby creating 29 Millerton Lake) and the Friant-Kern and Madera Canals, hereinafter collectively referred to as the 30 Friant Division facilities, which will be used in part for the furnishing of water to the Contractor pursuant to the terms of this Contract; and31
[3rd 32 ] WHEREAS, pursuant to Section 8 of the Act of June 17, 1902 (32 Stat. 388), the 33 United States has acquired water rights and other rights to the flows of the San Joaquin River, 34 including without limitation the permits issued as the result of Decision 935 by the California State 35 Water Resources Control Board and the contracts described in subdivision (n) of Article 3 of this 36 Contract, pursuant to which the Contracting Officer develops, diverts, stores and delivers Project 37 Water stored or flowing through Millerton Lake in accordance with State and Federal law for the 38 benefit of Project Contractors in the Friant Division; and 39 [3.1] WHEREAS, the water supplied to the Contractor pursuant to this Contract is Project 40 Water developed through the exercise of the rights described in the third Explanatory Recital of this Contract; and41 0
i 2
Contract No. 14-06-200-8901-LTR1
[4th 42 ] WHEREAS, the Contractor and the United States entered into Contract 43 No. 14-06-200-8901, which established terms for the delivery to the Contractor of Project Water from 44 the Friant Division from March 1, 1966, to February 28, 2006, hereinafter referred to as the Existing 45 Contract; and
[5th 46 ] WHEREAS, the Contractor and the United States have, pursuant to 47 Subsection 3404(c)(3) of the Central Valley Project Improvement Act (CVPIA), subsequently entered 48 into a Binding Agreement identified as Binding Agreement No. 14-06-200-8901-BA, which sets out 49 the terms pursuant to which the Contractor agreed to renew the Existing Contract before its expiration 50 date after completion of the programmatic environmental impact statement and other appropriate 51 environmental documentation and negotiation of a renewal contract, and which also sets out the 52 consequences of a subsequent decision not to renew; and )
[6th 53 ] WHEREAS, Section 3404(c) of the CVPIA provides for long-term renewal of the 54 Existing Contract following completion of appropriate environmental documentation, including a 55 programmatic environmental impact statement (PEIS) pursuant to the National Environmental Policy 56 Act (NEP A) analyzing the direct and indirect impacts and benefits of implementing the CVPIA and 57 the potential renewal of all existing contracts for Project Water; and [7th 58 ] WHEREAS, the United States has completed the PEIS and all other appropriate 59 environmental review necessary to provide for long-term renewal of the Existing Contract; and [8th 60 ] WHEREAS, the Contractor has requested the long-term renewal of the Existing 61 Contract, pursuant to the terms of the Existing Contract, Federal Reclamation law, and the laws of the 62 State of California, for water service from the Project; and 3 Contract No. 14-06-200-8901-LTR1
[9th 63 ] WHEREAS, the United States has determined that the Contractor has fulfilled all of its obligations under the Existing Contract; and64
[ 10th 65 ] WHEREAS, the Contractor has demonstrated to the satisfaction of the Contracting 66 Officer that the Contractor has utilized the Project Water supplies available to it for reasonable and 67 beneficial use and/or has demonstrated projected future demand for water use such that the Contractor 68 has the capability and expects to utilize fully for reasonable and beneficial use the quantity of Project 69 Water to be made available to it pursuant to this Contract; and [11th 70 ] WHEREAS, water obtained from the Project has been relied upon by urban and 71 agricultural areas within California for more than 50 years, and is considered by the Contractor as an 72 essential portion of its water supply; and
[ 12th 73 ] WHEREAS, the economies of regions within the Project, including the Contractor’s, 74 depend upon the continued availability of water, including water service from the Project; and [ 13th 75 ] WHEREAS, the Secretary intends through coordination, cooperation, and partnerships 76 to pursue measures to improve water supply, water quality, and reliability of the Project for all Project purposes; and77
[14th 78 ] WHEREAS, the mutual goals of the United States and the Contractor include: to 79 provide for reliable Project Water supplies; to control costs of those supplies; to achieve repayment of 80 the Project as required by law; to guard reasonably against Project Water shortages; to achieve a 81 reasonable balance among competing demands for use of Project Water; and to comply with all 82 applicable environmental statutes, all consistent with the legal obligations of the United States 83 relative to the Project; and
4 Contract No. 14-06-200-8901-LTR1
[ 15th 84 ] WHEREAS, the parties intend by this Contract to develop a more cooperative 85 relationship in order to achieve their mutual goals; and 86 [15.1] WHEREAS, during uncontrolled seasons, Friant Division Project Contractors utilize 87 undependable Class 2 Water in their service areas to, among other things, assist in the management 88 and alleviation of groundwater overdraft in the Friant Division service area, provide opportunities for 89 environmental enhancement, including restoration of the San Joaquin River below Friant Dam, 90 minimize flooding along the San Joaquin River, encourage optimal water management, and maximize the reasonable and beneficial use of the water; and91
92 [15.2] WHEREAS, the parties desire and intend that this Contract not provide a disincentive 93 to the Friant Division Project Contractors continuing to carry out the beneficial activities set out in the Explanatory Recital immediately above; and
[ 16th] WHEREAS, the United States and the Contractor are willing to enter into this 96 Contract pursuant to Federal Reclamation law on the terms and conditions set forth below; 97 NOW, THEREFORE, in consideration of the mutual and dependent covenants herein 98 contained, it is hereby mutually agreed by the parties hereto as follows:
99 DEFINITIONS
100 1. When used herein unless otherwise distinctly expressed, or manifestly incompatible 101 with the intent of the parties as expressed in this Contract, the term:
102 (a) Calendar Year” shall mean the period January 1 through December 31, both 66 103 dates inclusive;
5 94
)
95 Contract No. 14-06-200-8901-LTR1
(b) Charges” shall mean the payments required by Federal Reclamation law in CC 104 105 addition to the Rates and Tiered Pricing Component specified in this Contract as determined annually 106 by the Contracting Officer pursuant to this Contract; 107 (b2) “Class 1 Water” shall mean that supply of water stored in or flowing through 108 Millerton Lake which, subject to the contingencies hereinafter described in Articles 3,11, and 12 of 109 this Contract, will be available for delivery from Millerton Lake and the Friant-Kern and Madera 110 Canals as a dependable water supply during each Year; ill (b3) “Class 2 Water” shall mean that supply of water which can be made available 112 subject to the contingencies hereinafter described in Articles 3, 11, and 12 of this Contract for 113 delivery from Millerton Lake and the Friant-Kern and Madera Canals in addition to the supply of 114 Class 1 Water. Because of its uncertainty as to availability and time of occurrence, such water will be 115 undependable in character and will be furnished only if, as, and when it can be made available as 116 determined by the Contracting Officer;
117 (c) “Condition of Shortage” shall mean a condition respecting the Project during 118 any Year such that the Contracting Officer is unable to deliver sufficient water to meet the Contract Total;119
120 (d) “Contracting Officer” shall mean the Secretary of the Interior’s duly authorized 121 representative acting pursuant to this Contract or applicable Federal Reclamation law or regulation; 122 (e) “Contract Total” shall mean the maximum amount of Class 1 Water, plus the 123 maximum amount of Class 2 Water to which the Contractor is entitled under subdivision (a) of 124 Article 3 of this Contract; J
6 Contract No. 14-06-200-8901-LTR1
“Contractor's Service Area” shall mean the area to which the Contractor is 125 (f) 99 126 permitted to provide Project Water under this Contract as described in Exhibit “A” attached hereto, 127 which may be modified from time to time in accordance with Article 35 of this Contract without 128 amendment of this Contract;
CVPIA” shall mean the Central Valley Project Improvement Act, 66 129 (g) 130 Title XXXIV of the Act of October 30,1992 (106 Stat. 4706); 131 (h-i) Omitted;
’Full Cost Rate” shall mean an annual rate as determined by the Contracting 132 (j) 133 Officer that shall amortize the expenditures for construction properly allocable to the Project 134 irrigation or M&I functions, as appropriate, of facilities in service including all O&M deficits funded, 135 less payments, over such periods as may be required under Federal Reclamation law or applicable 1 136 contract provisions. Interest will accrue on both the construction expenditures and funded O&M 137 deficits from October 12,1982, on costs outstanding at that date, or from the date incurred in the case 138 of costs arising subsequent to October 12, 1982, and shall be calculated in accordance with 139 subsections 202(3)(B) and (3)(C) of the RRA. The Full Cost Rate includes actual operation, 140 maintenance, and replacement costs consistent with Section 426.2 of the Rules and Regulations for 141 the RRA;
142 (k-1) Omitted;
143 (m) Irrigation Water” shall mean water made available from the Project that is 661 144 used primarily in the production of agricultural crops or livestock, including domestic use incidental 145 thereto, and watering of livestock;
7 Contract No. 14-06-200-8901-LTR1
146 (n) Omitted;
Long Term Historic Average” shall mean the average of the final forecast of GG 147 (n2) 148 Water Made Available to the Contractor pursuant to this Contract and the contract referenced in the 149 fourth Explanatory Recital of this Contract;
150 (o) “Municipal and Industrial (M&I) Water” shall mean Project Water, other than 151 Irrigation Water, made available to the Contractor. M&I Water shall include water used for human 152 use and purposes such as the watering of landscaping or pasture for animals (e.g., horses) which are 153 kept for personal enjoyment or water delivered to land holdings operated in units of less than five 154 acres unless the Contractor establishes to the satisfaction of the Contracting Officer that the use of 155 water delivered to any such landholding is a use described in subdivision (m) of this Article; (P) M&I Full Cost Water Rate” shall mean the Full Cost Rate applicable to the GG 156 delivery of M&I Water;157
158 (q) “Operation and Maintenance” or “O&M” shall mean normal and reasonable 159 care, control, operation, repair, replacement (other than capital replacement), and maintenance of 160 Project facilities;
161 (r) “Operating Non-Federal Entity” shall mean the Friant Water Authority, its 162 successors or assigns, a non-Federal entity which has the obligation to operate and maintain all or a 163 portion of the Friant Division facilities pursuant to an agreement with the United States, and which 164 may have funding obligations with respect thereto;
165 U' (s) Project” shall mean the Central Valley Project owned by the United States and 166 managed by the Department of the Interior, Bureau of Reclamation; 8 Contract No. 14-06-200-8901-LTR1
167 (t) “Project Contractors” shall mean all parties who have water service contracts 168 for Project Water from the Project with the United States pursuant to Federal Reclamation law; 169 (u) “Project Water” shall mean all water that is developed, diverted, stored, or 170 delivered by the Secretary in accordance with the statutes authorizing the Project and in accordance 171 with the terms and conditions of water rights acquired pursuant to California law; 172 (v) “Rates” shall mean the payments determined annually by the Contracting 173 Officer in accordance with the then-current applicable water ratesetting policies for the Project, as described in subdivision (a) of Article 7 of this Contract;174 175 (w) Omitted;
176 (x) GG.Secretary” shall mean the Secretary of the Interior, a duly appointed successor, or an authorized representative acting pursuant to any authority of the Secretary and through any agency of the Department of the Interior;
179 (y) Tiered Pricing Component” shall be the incremental amount to be paid for 180 each acre-foot of Water Delivered as described in subdivision Q) of Article 7 of this Contract; 181 (z) 6G1Water Delivered” or “Delivered Water” shall mean Project Water diverted for 182 use by the Contractor at the point(s) of delivery approved by the Contracting Officer; 183 (aa) 66’Water Made Available” shall mean the estimated amount of Project Water 184 that can be delivered to the Contractor for the upcoming Year as declared by the Contracting Officer, 185 pursuant to subdivision (a) of Article 4 of this Contract; 9 177
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178
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186 (bb) “Water Scheduled” shall mean Project Water made available to the Contractor 187 for which times and quantities for delivery have been established by the Contractor and Contracting 188 Officer, pursuant to subdivision (b) of Article 4 of this Contract; and 189 (cc) “Year” shall mean the period from and including March 1 of each Calendar 190 Year through the last day of February of the following Calendar Year. 191 TERM OF CONTRACT
192 2. (a) This Contract supersedes the Existing Contract and shall be effective on the 193 date first hereinabove written through February 28, 2045. In the event the Contractor wishes to renew 194 this Contract beyond February 28, 2045, the Contractor shall submit a request for renewal in writing 195 to the Contracting Officer no later than two years prior to the date this Contract expires. (b) Omitted.196
197 (c) Provided the Contractor is complying with all terms and conditions of this 198 Contract and all legal obligations of the Contractor, if any, set forth in an enforceable court order, 199 final judgment and/or settlement relating to restoration of the San Joaquin River, this Contract shall 200 be renewed for successive periods of up to 40 years each, which periods shall be consistent with the 201 then-existing Reclamation-wide policy, under terms and conditions mutually agreeable to the parties 202 and consistent with Federal and State law. The Contractor shall be afforded the opportunity to 203 comment to the Contracting Officer on the proposed adoption and application of any revised policy 204 applicable to the delivery of M&I Water that would limit the term of any subsequent renewal contract 205 with the Contractor for the furnishing of M&I Water to less than 40 years. 1 10
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206 (d) The Contracting Officer shall make a determination ten years after the date of 207 execution of this Contract, and every five years thereafter during the term of this Contract, of whether 208 a conversion to a contract under subsection 9(c)(1) of the Reclamation Project Act of 1939 can be 209 accomplished. The Contracting Officer anticipates that during the term of this Contract, all 210 authorized Project construction expected to occur will have occurred, and on that basis the 211 Contracting Officer agrees upon such completion to allocate all costs that are properly assignable to 212 the Contractor, and agrees further that, at any time after such allocation is made, and subject to 213 satisfaction of the conditions set out in this subdivision, this Contract shall, at the request of the 214 Contractor, be converted to a contract under subsection 9(c)(1) of the Reclamation Project Act of 215 1939, subject to applicable Federal law and under stated terms and conditions mutually agreeable to 216 the Contractor and the Contracting Officer. A condition for such conversion to occur shall be a I
217 determination by the Contracting Officer that, account being taken of the amount credited to return by 218 the Contractor as provided for under Federal Reclamation law, the remaining amount of construction 219 costs assignable for ultimate return by the Contractor can probably be repaid to the United States 220 within the term of a contract under subsection 9(c)(1). If the remaining amount of costs that are 221 properly assignable to the Contractor cannot be determined during the term of this Contract, the 222 Contracting Officer shall notify the Contractor, and provide the reason(s) why such a determination 223 could not be made. Further, the Contracting Officer shall make such a determination as soon 224 thereafter as possible so as to permit, upon request of the Contractor and satisfaction of the conditions 225 set out above, conversion to a contract under subsection 9(c)(1). In the event such determination of 226 costs has not been made at a time which allows conversion of this Contract during the term of this 11 Contract No. 14-06-200-8901-LTR1
227 Contract or the Contractor has not requested conversion of this Contract within such term, the parties 228 shall incorporate in any subsequent renewal contract as described in subdivision (c) of this Article a 229 provision that carries forth in substantially identical terms the provisions of this subdivision. 230 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR 231 3. (a) During each Year, consistent with all applicable State water rights, permits, 232 and licenses, Federal law, and subject to the provisions set forth in Articles 11 and 12 of this 233 Contract, the Contracting Officer shall make available for delivery to the Contractor 60,000 acre-feet 234 of Class 1 Water for M&I purposes. Water Delivered to the Contractor in accordance with this 235 subdivision shall be scheduled and paid for pursuant to the provisions of Articles 4 and 7 of this 236 Contract.
237 (b) Omitted.
238 The Contractor shall utilize the Project Water in accordance with all applicable (c) 239 legal requirements.
240 (d) The Contractor shall make reasonable and beneficial use of all water furnished 241 pursuant to this Contract. Groundwater recharge programs (direct, indirect, or in lieu), groundwater 242 banking programs, surface water storage programs, and other similar programs utilizing Project 243 Water or other water furnished pursuant to this Contract conducted within the Contractor’s Service 244 Area which are consistent with applicable State law and result in use consistent with Federal 245 Reclamation law will be allowed: Provided, That any direct recharge program(s) is (are) described in 246 the Contractor’s water conservation plan submitted pursuant to Article 26 of this Contract:
247 Provided further, That such water conservation plan demonstrates sufficient lawful uses exist in the 12 Contract No. 14-06-200-8901-LTR1
248 Contractor’s Service Area so that using a long-term average, the quantity of Delivered Water is 249 demonstrated to be reasonable for such uses and in compliance with Federal Reclamation law. 250 Groundwater recharge programs, groundwater banking programs, surface water storage programs, 251 and other similar programs utilizing Project Water or other water furnished pursuant to this Contract 252 conducted outside the Contractor’s Service Area may be permitted upon written approval of the 253 Contracting Officer, which approval will be based upon environmental documentation, Project Water 254 rights, and Project operational concerns. The Contracting Officer will address such concerns in 255 regulations, policies, or guidelines.
256 (e) The Contractor shall comply with requirements applicable to the Contractor in 257 biological opinion(s) prepared as a result of a consultation regarding the execution of this Contract 258 undertaken pursuant to Section 7 of the Endangered Species Act of 1973 (ESA), as amended, that are 259 within the Contractor’s legal authority to implement. The Existing Contract, which evidences in 260 excess of 39 years of diversions for M&I purposes of the quantities of water provided in subdivision 261 (a) of Article 3 of this Contract, will be considered in developing an appropriate baseline for the 262 biological assessment(s) prepared pursuant to the ESA, and any other needed environmental review. 263 Nothing herein shall be construed to prevent the Contractor from challenging or seeking judicial relief 264 in a court of competent jurisdiction with respect to any biological opinion or other environmental 265 documentation referred to in this Article.
266 (f) Subject to subdivisions (1) and (n) of Article 3 of this Contract, following the 267 declaration of Water Made Available under Article 4 of this Contract, the Contracting Officer will 268 make a determination whether Project Water, or other water available to the Project, can be made 13 Contract No. 14-06-200-8901-LTR1
269 available to the Contractor in addition to the Contract Total under Article 3 of this Contract during 270 the Year without adversely impacting other Project Contractors. At the request of the Contractor, the 271 Contracting Officer will consult with the Contractor prior to making such a determination. Subject to 272 subdivisions (1) and (n) of Article 3 of this Contract, if the Contracting Officer determines that 273 Project Water, or other water available to the Project, can be made available to the Contractor, the 274 Contracting Officer will announce the availability of such water and shall so notify the Contractor as 275 soon as practicable. The Contracting Officer will thereafter meet with the Contractor and other 276 Project Contractors capable of taking such water to determine the most equitable and efficient 277 allocation of such water. If the Contractor requests the delivery of any quantity of such water, the 278 Contracting Officer shall make such water available to the Contractor in accordance with applicable 279 statutes, regulations, guidelines, and policies.
280 (g) The Contractor may request permission to reschedule for use during the 281 subsequent Year some or all of the Water Made Available to the Contractor during the current Year 282 referred to as “carryover.” The Contractor may request permission to use during the current Year a 283 quantity of Project Water which may be made available by the United States to the Contractor during 284 the subsequent Year referred to as “preuse.” The Contracting Officer’s written approval may permit 285 such uses in accordance with applicable statutes, regulations, guidelines, and policies. 286 (h) The Contractor’s right pursuant to Federal Reclamation law and applicable 287 State law to the reasonable and beneficial use of Water Delivered pursuant to this Contract during the 288 term thereof and any subsequent renewal contracts, as described in Article 2 of this Contract, during 289 the terms thereof shall not be disturbed so long as the Contractor shall fulfill all of its obligations 14 Contract No. 14-06-200-8901-LTRI
290 under this Contract and any renewals thereof. Nothing in the preceding sentence shall affect the 291 Contracting Officer’s ability to impose shortages under Article 11 or subdivision (b) of Article 12 of 292 this Contract or applicable provisions of any subsequent renewal contracts. 293 (i) Project Water furnished to the Contractor pursuant to this Contract may be 294 delivered for other than M&I purposes upon written approval by the Contracting Officer in 295 accordance with the terms and conditions of such approval. 296 The Contracting Officer shall make reasonable efforts to protect the water (j) 297 rights and other rights described in the third Explanatory Recital of this Contract necessary for the 298 Project and to provide the water available under this Contract. The Contracting Officer shall not 299 object to participation by the Contractor, in the capacity and to the extent permitted by law, in 300 administrative proceedings related to the water rights and other rights described in the third 301 Explanatory Recital of this Contract: Provided, That the Contracting Officer retains the right to 302 object to the substance of the Contractor’s position in such a proceeding: Provided further, That in 303 such proceedings the Contracting Officer shall recognize the Contractor has a legal right under the 304 terms of this Contract to use Project Water.
305 (k) Project Water furnished to the Contractor during any month designated in a 306 schedule or revised schedule submitted by the Contractor and approved by the Contracting Officer 307 shall be deemed to have been accepted by the Contractor as Class 1 Water to the extent that Class 1 308 Water is called for in such schedule for such month and shall be deemed to have been accepted as 309 Class 2 Water to the extent Class 2 Water is called for in such schedule for such month. If in any 310 month the Contractor diverts a quantity of water in addition to the total amount of Class 1 Water and 15 Contract No. 14-06-200-8901-LTR1
311 Class 2 Water set forth in the Contractor's approved schedule or revised schedule for such month, 312 such additional diversions shall be charged first against the Contractor's remaining Class 2 Water 313 supply available in the current Year. To the extent the Contractor's remaining Class 2 Water supply 314 available in the current Year is not sufficient to account for such additional diversions, such 315 additional diversions shall be charged against the Contractor's remaining Class 1 Water supply 316 available in the current Year. To the extent the Contractor's remaining Class 1 Water and Class 2 317 Water supplies available in the current Year are not sufficient to account for such additional 318 diversions, such additional diversions shall be charged first against the Contractor's available Class 2 319 Water supply and then against the Contractor's available Class 1 Water supply, both for the following 320 Year. Payment for all additional diversions of water shall be made in accordance with Article 7 of 321 this Contract.
322 (1) If the Contracting Officer determines there is a Project Water supply available 323 at Friant Dam as the result of an unusually large water supply not otherwise storable for Project 324 purposes or infrequent and otherwise unmanaged flood flows of short duration, such water will be 325 made available to the Contractor and others under Section 215 of the RRA pursuant to the priorities 326 specified below if the Contractor enters into a temporary contract with the United States not to exceed 327 one year for the delivery of such water or, as otherwise provided for in Federal Reclamation law and 328 associated regulations. Such water may be identified by the Contractor either (i) as additional water 329 to supplement the supply of Class 1 Water and/or Class 2 Water made available to it pursuant to this 330 Contract or, (ii) upon written notification to the Contracting Officer, as water to be credited against 331 the Contractor's Class 2 Water supply available pursuant to this Contract. The Contracting Officer 16 Contract No. 14-06-200-8901-LTR1
332 shall make water determined to be available pursuant to this subsection according to the following 333 priorities: first, to long-term contractors for Class 1 Water and/or Class 2 Water within the Friant 334 Division; second, to long-term contractors in the Cross Valley Division of the Project. 335 The Contracting Officer will consider and seek to accommodate requests from other parties for 336 Section 215 Water for use within the area identified as the Friant Division service area in the 337 environmental assessment developed in connection with the execution of this Contract. 338 (m) Nothing in this Contract, nor any action or inaction of the Contractor or 339 Contracting Officer in connection with the implementation of this Contract, is intended to override, 340 modify, supersede, or otherwise interfere with any term or condition of the water rights and other 341 rights referred in the third Explanatory Recital of this Contract. 342 (n) The rights of the Contractor under this Contract are subject to the terms of the 343 contract for exchange waters, dated July 27,1939, between the United States and the San Joaquin and 344 Kings River Canal and Irrigation Company, Incorporated, et al., (hereinafter referred to as the 345 Exchange Contractors), Contract No. Ilr-1144, as amended. The United States agrees that it will not 346 deliver to the Exchange Contractors thereunder waters of the San Joaquin River unless and until 347 required by the terms of said contract, and the United States further agrees that it will not voluntarily 348 and knowingly determine itself unable to deliver to the Exchange Contractors entitled thereto from 349 water that is available or that may become available to it from the Sacramento River and its 350 tributaries or the Sacramento-San Joaquin Delta those quantities required to satisfy the obligations of 351 the United States under said Exchange Contract and under Schedule 2 of the Contract for Purchase of 352 Miller and Lux Water Rights (Contract No. Ilr-1145, dated July 27, 1939). 17 Contract No. 14-06-200-8901-LTR1
353 TIME FOR DELIVERY OF WATER
354 4. (a) On or about February 20 of each Calendar Year, the Contracting Officer shall 355 announce the Contracting Officer’s expected declaration of the Water Made Available. Such 356 declaration will be expressed in terms of both Water Made Available and the Long Term Historic 357 Average and will be updated monthly, and more frequently if necessary, based on then-current 358 operational and hydrologic conditions and a new declaration with changes, if any, to the Water Made 359 Available will be made. The Contracting Officer shall provide forecasts of Project operations and the 360 basis of the estimate, with relevant supporting information, upon the written request of the 361 Contractor. Concurrently with the declaration of the Water Made Available, the Contracting Officer 362 shall provide the Contractor with the updated Long-Term Historic Average. 363 (b) On or before each March 1 and at such other times as necessary, the Contractor 364 shall submit to the Contracting Officer a written schedule, satisfactory to the Contracting Officer, 365 showing the monthly quantities of Project Water to be delivered by the United States to the 366 Contractor pursuant to this Contract for the Year commencing on such March 1. The Contracting 367 Officer shall use all reasonable means to deliver Project Water according to the approved schedule for 368 the Year commencing on such March 1.
369 (c) The Contractor shall not schedule Project Water in excess of the quantity of 370 Project Water the Contractor intends to put to reasonable and beneficial use within the Contractor's 371 Service Area or to sell, transfer, or exchange pursuant to Article 9 of this Contract during any Year. 372 (d) Subject to the conditions set forth in subdivision (a) of Article 3 of this 373 Contract, the United States shall deliver Project Water to the Contractor in accordance with the initial 18 Contract No. 14-06-200-8901-LTR1
374 schedule submitted by the Contractor pursuant to subdivision (b) of this Article, or any written 375 revision(s), satisfactory to the Contracting Officer, thereto submitted within a reasonable time prior to 376 the date(s) on which the requested change(s) is/are to be implemented: Provided, That the total 377 amount of water requested in that schedule or revision does not exceed the quantities announced by 378 the Contracting Officer pursuant to the provisions of subdivision (a) of Article 3, and the Contracting 379 Officer determines that there will be sufficient capacity available in the appropriate Friant Division 380 facilities to deliver the water in accordance with that schedule: Provided further, That the Contractor 381 shall not schedule the delivery of any water during any period as to which the Contractor is notified 382 by the Contracting Officer or Operating Non-Federal Entity that Project facilities required to make 383 deliveries to the Contractor will not be in operation because of scheduled O&M. 384 (e) The Contractor may, during the period from and including November 1 of each 385 Year through and including the last day of February of that Year, request delivery of any amount of 386 the Class 1 Water estimated by the Contracting Officer to be made available to it during the following 387 Year. The Contractor may, during the period from and including January 1 of each Year (or such 388 earlier date as may be determined by the Contracting Officer) through and including the last day of 389 February of that Year, request delivery of any amount of Class 2 Water estimated by the Contracting 390 Officer to be made available to it during the following Year. Such water shall hereinafter be referred 391 to as preuse water. Such request must be submitted in writing by the Contractor for a specified 392 quantity of preuse water and shall be subject to the approval of the Contracting Officer. Payment for 393 preuse water so requested shall be at the appropriate rate(s) for the following Year in accordance with 394 Article 7 of this Contract and shall be made in advance of delivery of any preuse water. The 19 Contract No. 14-06-200-8901-LTR1
395 Contracting Officer shall deliver such preuse water in accordance with a schedule or any revision 396 thereof submitted by the Contractor and approved by the Contracting Officer, to the extent such water 397 is available and to the extent such deliveries will not interfere with the delivery of Project Water 398 entitlements to other Friant Division contractors or the physical maintenance of the Project facilities. 399 The quantities of preuse water delivered pursuant to this subdivision shall be deducted from the 400 quantities of water that the Contracting Officer would otherwise be obligated to make available to the 401 Contractor during the following Year: Provided, That the quantity of preuse water to be deducted 402 from the quantities of either Class 1 Water or Class 2 Water to be made available to the Contractor in 403 the following Year shall be specified by the Contractor at the time the preuse water is requested or as 404 revised in its first schedule for the following Year submitted in accordance with subdivision (b) of 405 this Article, based on the availability of the following Year water supplies as determined by the 406 Contracting Officer.
407 POINT OF DIVERSION AND RESPONSIBILITY FOR DISTRIBUTION OF WATER 408 5. (a) Project Water scheduled pursuant to subdivision (b) of Article 4 of this 409 Contract shall be delivered to the Contractor at a point or points of delivery either on Project facilities 410 or another location or locations mutually agreed to in writing by the Contracting Officer and the 411 Contractor.
412 (b) The Contracting Officer, either directly or through its written agreement(s) 413 with the Operating Non-Federal Entity, shall make all reasonable efforts to maintain sufficient flows 414 and levels of water in the Friant-Kern Canal to deliver Project Water to the Contractor at specific 415 turnouts established pursuant to subdivision (a) of this Article. % 20 Contract No. 14-06-200-8901-LTR1
416 (c) The Contractor shall not deliver Project Water to land outside the Contractor's 417 Service Area unless approved in advance by the Contracting Officer. 418 (d) All Water Delivered to the Contractor pursuant to this Contract shall be 419 measured and recorded with equipment furnished, installed, operated, and maintained by the 420 United States or the Operating Non-Federal Entity at the point or points of delivery established 421 pursuant to subdivision (a) of this Article. Upon the request of either party to this Contract, the 422 Contracting Officer shall investigate, or cause to be investigated by the appropriate Operating Non423 Federal Entity, the accuracy of such measurements and shall take any necessary steps to adjust any 424 errors appearing therein. For any period of time when accurate measurements have not been made, 425 the Contracting Officer shall consult with the Contractor and the responsible Operating Non-Federal 426 Entity prior to making a final determination of the quantity delivered for that period of time. 427 (e) Neither the Contracting Officer nor any Operating Non-Federal Entity shall be 428 responsible for the control, carriage, handling, use, disposal, or distribution of Water Delivered to the 429 Contractor pursuant to this Contract beyond the delivery points specified in subdivision (a) of this 430 Article. The Contractor shall indemnify the United States, its officers, employees, agents, and assigns 431 on account of damage or claim of damage of any nature whatsoever for which there is legal 432 responsibility, including property damage, personal injury, or death arising out of or connected with 433 the control, carriage, handling, use, disposal, or distribution of such Project Water Delivered beyond 434 such delivery points, except for any damage or claim arising out of: (i) acts or omissions of the 435 Contracting Officer or any of its officers, employees, agents, or assigns, including the Operating 436 Non-Federal Entity, with the intent of creating the situation resulting in any damage or claim; 21 Contract No. 14-06-200-8901-LTR1
437 (ii) willful misconduct of the Contracting Officer or any of its officers, employees, agents, or assigns, 438 including the Operating Non-Federal Entity; (iii) negligence of the Contracting Officer or any of its 439 officers, employees, agents, or assigns including the Operating Non-Federal Entity; or (iv) damage or 440 claims resulting from a malfunction of facilities owned and/or operated by the United States or responsible Operating Non-Federal Entity.441
442 MEASUREMENT OF WATER WITHIN THE CONTRACTOR’S SERVICE AREA 443 6. (a) Within five years of the date of Contract execution, the Contractor will have an 444 established measuring program satisfactory to the Contracting Officer. The Contractor shall ensure 445 that all surface water delivered for M&I purposes is measured at each M&I service connection. The 446 water measuring devices or water measuring methods of comparable effectiveness must be acceptable 447 to the Contracting Officer. The Contractor shall be responsible for installing, operating, and 448 maintaining and repairing all such measuring devices and implementing all such water measuring 449 methods at no cost to the United States. The Contracting Officer acknowledges that the Contractor 450 has a metering plan (Exhibit “C”) setting forth the milestones and schedule that the Contractor will 451 implement to comply with the requirements of this Article. Beginning January 2006, the Contractor 452 shall provide an annual written report to the Contracting Officer describing the Contractor’s metering 453 plan implementation progress. The Contractor shall use the information obtained from such water 454 measuring devices or water measuring methods to ensure its proper management of the water, to bill 455 water users for water delivered by the Contractor; and, if applicable, to record water delivered for 456 M&I purposes by customer class as defined in the Contractor’s water conservation plan provided for 457 in Article 26 of this Contract. Nothing herein contained, however, shall preclude the Contractor from 22 Contract No. 14-06-200-8901-LTR1
458 establishing and collecting any charges, assessments, or other revenues authorized by California law. 459 The Contractor shall include a summary of all its annual surface water deliveries in the annual report 460 described in subdivision (c) of Article 26.
461 (b) To the extent the information has not otherwise been provided, upon execution 462 of this Contract, the Contractor shall provide to the Contracting Officer a written report describing the 463 measurement devices or water measuring methods being used or to be used to implement subdivision 464 (a) of this Article and identifying the M&I service connections or alternative measurement programs 465 approved by the Contracting Officer, at which such measurement devices or water measuring 466 methods are being used, and, if applicable, identifying the locations at which such devices and/or 467 methods are not yet being used including a time schedule for implementation at such locations. The 468 Contracting Officer shall advise the Contractor in writing within 60 days as to the adequacy, and 469 necessary modifications, if any, of the measuring devices or water measuring methods identified in 470 the Contractor’s report and if the Contracting Officer does not respond in such time, they shall be 471 deemed adequate. If the Contracting Officer notifies the Contractor that the measuring devices or 472 methods are inadequate, the parties shall within 60 days following the Contracting Officer’s response, 473 negotiate in good faith the earliest practicable date by which the Contractor shall modify said 474 measuring devices and/or measuring methods as required by the Contracting Officer to ensure compliance with subdivision (a) of this Article.475
476 (c) All new surface water delivery systems installed within the Contractor's 477 Service Area after the effective date of this Contract shall also comply with the measurement 478 provisions described in subdivision (a) of this Article. 23 Contract No. 14-06-200-8901-LTR1
479 (d) The Contractor shall inform the Contracting Officer and the State of California 480 in writing by April 30 of each Year of the monthly volume of surface water delivered within the 481 Contractor’s Service Area during the previous Year. 482 (e) The Contractor shall inform the Contracting Officer and the Operating Non-Federal Entity on or before the 20th 483 calendar day of each month of the quantity of M&I Water 484 taken during the preceding month.
485 (f) In the event the provisions of subdivision (a) of this Article or any portion 486 thereof, are challenged in a judicial proceeding, the parties agree to meet and confer promptly and as 487 often as necessary to employ their reasonable best efforts to coordinate their response to the challenge 488 and, as appropriate, develop revisions to this Contract. 489 RATES AND METHOD OF PAYMENT FOR WATER
490 7. The Contractor shall pay the United States as provided in this Article for all (a) 491 Delivered Water at Rates, Charges, and the Tiered Pricing Component established in accordance with 492 (i) the Secretary’s then-existing ratesetting policy for M&I Water. Such ratesetting policies shall be 493 amended, modified, or superseded only through a public notice and comment procedure; 494 (ii) applicable Federal Reclamation law and associated rules and regulations, or policies; and 495 (iii) other applicable provisions of this Contract. Payments shall be made by cash transaction, 496 electronic funds transfer, or any other mechanism as may be agreed to in writing by the Contractor 497 and the Contracting Officer. The Rates, Charges, and Tiered Pricing Component applicable to the 498 Contractor upon execution of this Contract are set forth in Exhibit “B”, as may be revised annually. 1 24
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499 (b) The Contracting Officer shall notify the Contractor of the Rates, Charges, and Tiered Pricing Component as follows:500
501 Prior to July 1 of each Calendar Year, the Contracting Officer shall (1) 502 provide the Contractor an estimate of the Charges for Project Water that will be applied to the period 503 October 1, of the current Calendar Year, through September 30, of the following Calendar Year, and 504 the basis for such estimate. The Contractor shall be allowed not less than two months to review and 505 comment on such estimates. On or before September 15 of each Calendar Year, the Contracting 506 Officer shall notify the Contractor in writing of the Charges to be in effect during the period 507 October 1 of the current Calendar Year, through September 30, of the following Calendar Year, and 508 such notification shall revise Exhibit “B.”
509 (2) Prior to October 1 of each Calendar Year, the Contracting Officer shall 510 make available to the Contractor an estimate of the Rates and Tiered Pricing Component for Project 511 Water for the following Year and the computations and cost allocations upon which those Rates are 512 based. The Contractor shall be allowed not less than two months to review and comment on such 513 computations and cost allocations. By December 31 of each Calendar Year, the Contracting Officer 514 shall provide the Contractor with the final Rates and Tiered Pricing Component to be in effect for the 515 upcoming Year, and such notification shall revise Exhibit “B.99 516 (c) At the time the Contractor submits the initial schedule for the delivery of 517 Project Water for each Year pursuant to subdivision (b) of Article 4 of this Contract, the Contractor 518 shall make an advance payment to the United States equal to the total amount payable pursuant to the 519 applicable Rate(s) set under subdivision (a) of this Article, for the Project Water scheduled to be 25 Contract No. 14-06-200-8901-LTR1
520 delivered pursuant to this Contract during the first two calendar months of the Year. Before the end 521 of the first month and before the end of each calendar month thereafter, the Contractor shall make an 522 advance payment to the United States, at the Rate(s) set under subdivision (a) of this Article, for the 523 Water Scheduled to be delivered pursuant to this Contract during the second month immediately 524 following. Adjustments between advance payments for Water Scheduled and payments at Rates due 525 for Water Delivered shall be made before the end of the following month: Provided, That any revised 526 schedule submitted by the Contractor pursuant to Article 4 of this Contract which increases the 527 amount of Water Delivered pursuant to this Contract during any month shall be accompanied with 528 appropriate advance payment, at the Rates then in effect, to assure that Project Water is not delivered 529 to the Contractor in advance of such payment. In any month in which the quantity of Water Delivered 530 to the Contractor pursuant to this Contract equals the quantity of Water Scheduled and paid for by the 531 Contractor, no additional Project Water shall be delivered to the Contractor unless and until an 532 advance payment at the Rates then in effect for such additional Project Water is made. Final 533 adjustment between the advance payments for the Water Scheduled and payments for the quantities 534 of Water Delivered during each Year pursuant to this Contract shall be made as soon as practicable 535 but no later than April 30th of the following Year, or 60 days after the delivery of Project Water 536 carried over under subdivision (g) of Article 3 of this Contract if such water is not delivered by the 537 last day of February.
538 (d) The Contractor shall also make a payment in addition to the Rate(s) in 539 subdivision (c) of this Article to the United States for Water Delivered, at the Charges and the 540 appropriate Tiered Pricing Component then in effect, before the end of the month following the 26 Contract No. 14-06-200-8901-LTR1
541 month of delivery. The payments shall be consistent with the quantities of M&I Water Delivered as 542 shown in the water delivery report for the subject month prepared by the Operating Non-Federal 543 Entity or, if there is no Operating Non-Federal Entity, by the Contracting Officer. Such water 544 delivery report shall be the basis for payment of Charges and Tiered Pricing Component by the 545 Contractor, and shall be provided to the Contractor by the Operating Non-Federal Entity or the 546 Contracting Officer (as applicable) within five days after the end of the month of delivery. The water 547 delivery report shall be deemed a bill for the payment of Charges and the applicable Tiered Pricing 548 Component for Water Delivered. Adjustment for overpayment or underpayment of Charges shall be 549 made through the adjustment of payments due to the United States for Charges for the next month. 550 Any amount to be paid for past due payment of Charges and the Tiered Pricing Component shall be computed pursuant to Article 20 of this Contract.551
552 (e) The Contractor shall pay for any Water Delivered under subdivision (a), (f), or 553 (g) of Article 3 of this Contract as determined by the Contracting Officer pursuant to applicable 554 statutes, associated regulations, any applicable provisions of guidelines or ratesetting policies:
555 Provided, That the Rate for Water Delivered under subdivision (f) of Article 3 of this Contract shall 556 be no more than the otherwise applicable Rate for M&I Water under subdivision (a) of this Article. 557 (f) Payments to be made by the Contractor to the United States under this Contract 558 may be paid from any revenues available to the Contractor. 559 (g) All revenues received by the United States from the Contractor relating to the 560 delivery of Project Water or the delivery of non-Project water through Project facilities shall be 27 Contract No. 14-06-200-8901-LTR1
561 allocated and applied in accordance with Federal Reclamation law and the associated rules or 562 regulations, and the then-current Project ratesetting policies for M&I Water. 563 (h) The Contracting Officer shall keep its accounts pertaining to the administration 564 of the financial terms and conditions of its long-term contracts, in accordance with applicable Federal 565 standards, so as to reflect the application of Project costs and revenues. The Contracting Officer 566 shall, each Year upon request of the Contractor, provide to the Contractor a detailed accounting of all 567 Project and Contractor expense allocations, the disposition of all Project and Contractor revenues, 568 and a summary of all water delivery information. The Contracting Officer and the Contractor shall 569 enter into good faith negotiations to resolve any discrepancies or disputes relating to accountings, reports, or information.570
571 (i) The parties acknowledge and agree that the efficient administration of this 572 Contract is their mutual goal. Recognizing that experience has demonstrated that mechanisms, 573 policies, and procedures used for establishing Rates, Charges, and Tiered Pricing Components, and/or 574 for making and allocating payments, other than those set forth in this Article may be in the mutual 575 best interest of the parties, it is expressly agreed that the parties may enter into agreements to modify 576 the mechanisms, policies, and procedures for any of those purposes while this Contract is in effect 577 without amending this Contract.
578 0) Beginning at such time as the total of the deliveries of Class 1 Water (1) 579 and Class 2 Water in a Year exceed 80 percent of the Contract Total, then before the end of the month 580 following the month of delivery the Contractor shall make an additional payment to the United States 581 equal to the applicable Tiered Pricing Component. The Tiered Pricing Component for the total of the 28 Contract No. 14-06-200-8901-LTR1
582 deliveries of Class 1 Water and Class 2 Water in excess of 80 percent of the Contract Total, but less 583 than or equal to 90 percent of the Contract Total, shall equal one-half of the difference between the 584 Rate established under subdivision (a) of this Article and the M&I Full Cost Water Rate. The Tiered 585 Pricing Component for the total of the deliveries of Class 1 Water and Class 2 Water which exceeds 586 90 percent of the Contract total shall equal the difference between (i) the Rate established under 587 subdivision (a) of this Article and (ii) the M&I Full Cost Water Rate. 588 (2) Omitted.
589 (3) For purposes of determining the applicability of the Tiered Pricing 590 Component pursuant to this Article, Water Delivered shall include Project Water that the Contractor 591 transfers to others but shall not include Project Water transferred and delivered to the Contractor. 592 For the term of this Contract, Rates under the respective ratesetting policies (k) 593 will be established to recover only reimbursable O&M (including any deficits) and capital costs of the 594 Project, as those terms are used in the then-current Project ratesetting policies, and interest, where 595 appropriate, except in instances where a minimum Rate is applicable in accordance with the relevant 596 Project ratesetting policy. Changes of significance in practices which implement the Contracting 597 Officer’s ratesetting policies will not be implemented until the Contracting Officer has provided the 598 Contractor an opportunity to discuss the nature, need, and impact of the proposed change. 599 (1) Except as provided in subsections 3405(a)(1)(B) and 3405(f) of the CVPIA, 600 the Rates for Project Water transferred by the Contractor shall be the Contractor’s Rates adjusted 601 upward or downward to reflect the changed costs, if any, incurred by the Contracting Officer in the 29 Contract No. 14-06-200-8901-LTR1
602 delivery of the transferred Project Water to the transferee’s point of delivery in accordance with the 603 then-applicable Project ratesetting policy.

Omitted.604 (m)
(n) Omitted.605
606 8. Omitted.
607 SALES, TRANSFERS, OR EXCHANGES OF WATER
608 The right to receive Project Water provided for in this Contract may be sold, 9. (a) 609 transferred, or exchanged to others for reasonable and beneficial uses within the State of California if 610 such sale, transfer, or exchange is authorized by applicable Federal and State laws, and applicable 611 guidelines or regulations then in effect. No sale, transfer, or exchange of Project Water under this 612 Contract may take place without the prior written approval of the Contracting Officer, except as 613 provided for in subdivision (b) of this Article, and no such sales, transfers, or exchanges shall be 614 approved absent all appropriate environmental documentation including, but not limited to. 615 documents prepared pursuant to the NEPA and ESA. Such environmental documentation should 616 include, as appropriate, an analysis of groundwater impacts and economic and social effects, 617 including environmental justice, of the proposed water transfers on both the transferor and transferee. 618 (b) In order to facilitate efficient water management by means of water transfers of 619 the type historically carried out among Project Contractors located within the same geographical area 620 and to allow the Contractor to participate in an accelerated water transfer program during the term of 621 this Contract, the Contracting Officer shall prepare, as appropriate, all necessary environmental 30 Contract No. 14-06-200-8901-LTR1
622 documentation including, but not limited to, documents prepared pursuant to NEPA and ESA, 623 analyzing annual transfers within such geographical areas, and the Contracting Officer shall 624 determine whether such transfers comply with applicable law. Following the completion of the 625 environmental documentation, such transfers addressed in such documentation shall be conducted 626 with advance notice to the Contracting Officer, but shall not require prior written approval by the 627 Contracting Officer. Such environmental documentation and the Contracting Officer’s compliance 628 determination shall be reviewed every five years and updated, as necessary, prior to the expiration of 629 the then-existing five-year period. All subsequent environmental documentation shall include an 630 alternative to evaluate not less than the quantity of Project Water historically transferred within the 631 same geographical area.
632 (c) For a water transfer to qualify under subdivision (b) of this Article, such water 633 transfer must: (i) be for irrigation purposes for lands irrigated within the previous three years, for 634 M&I use, groundwater recharge, water banking, or fish and wildlife resources; not lead to land 635 conversion; and be delivered to established cropland, wildlife refuges, groundwater basins or M&I 636 use; (ii) occur within a single Year; (iii) occur between a willing seller and a willing buyer; 637 (iv) convey water through existing facilities with no new construction or modifications to facilities 638 and be between existing Project Contractors and/or the Contractor and the United States, Department 639 of the Interior; and (v) comply with all applicable Federal, State, and local or tribal laws and 640 requirements imposed for protection of the environment and Indian Trust Assets, as defined under 641 Federal law.
31 Contract No. 14-06-200-8901-LTR1
642 APPLICATION OF PAYMENTS AND ADJUSTMENTS
643 10. (a) The amount of any overpayment by the Contractor of the Contractor’s O&M, 644 capital, and deficit (if any) obligations for the Year shall be applied first to any current liabilities of 645 the Contractor arising out of this Contract then due and payable. Overpayments of more than $1,000 646 shall be refunded at the Contractor’s request. In lieu of a refund, any amount of such overpayment, at 647 the option of the Contractor, may be credited against amounts to become due to the United States by 648 the Contractor. With respect to overpayment, such refund or adjustment shall constitute the sole 649 remedy of the Contractor or anyone having or claiming to have the right to the use of any of the 650 Project Water supply provided for herein. All credits and refunds of overpayments shall be made 651 within 30 days of the Contracting Officer obtaining direction as to how to credit or refund such 652 overpayment in response to the notice to the Contractor that it has finalized the accounts for the Year 653 in which the overpayment was made.
654 (b) All advances for miscellaneous costs incurred for work requested by the 655 Contractor pursuant to Article 25 of this Contract shall be adjusted to reflect the actual costs when the 656 work has been completed. If the advances exceed the actual costs incurred, the difference will be 657 refunded to the Contractor. If the actual costs exceed the Contractor's advances, the Contractor will 658 be billed for the additional costs pursuant to Article 25. 659 TEMPORARY REDUCTIONS-RETURN FLOWS
660 11. (a) Subject to: (i) the authorized purposes and priorities of the Project and the 661 requirements of Federal law and (ii) the obligations of the United States under existing contracts, or 662 renewals thereof, providing for water deliveries from the Project, the Contracting Officer shall make 32 Contract No. 14-06-200-8901-LTR1
663 all reasonable efforts to optimize Project Water deliveries to the Contractor as provided in this 664 Contract.
665 (b) The Contracting Officer or Operating Non-Federal Entity may temporarily 666 discontinue or reduce the quantity of Water Delivered to the Contractor as herein provided for the 667 purposes of investigation, inspection, maintenance, repair, or replacement of any of the Project 668 facilities or any part thereof necessary for the delivery of Project Water to the Contractor, but so far as 669 feasible the Contracting Officer or Operating Non-Federal Entity will give the Contractor due notice 670 in advance of such temporary discontinuance or reduction, except in case of emergency, in which case 671 no notice need be given: Provided, That the United States shall use its best efforts to avoid any 672 discontinuance or reduction in such service. Upon resumption of service after such reduction or 673 discontinuance, and if requested by the Contractor, the United States will, if possible, deliver the 674 quantity of Project Water which would have been delivered hereunder in the absence of such 675 discontinuance or reduction.
676 (c) The United States reserves the right to all seepage and return flow water 677 derived from Water Delivered to the Contractor hereunder which escapes or is discharged beyond the 678 Contractor's Service Area: Provided, That this shall not be construed as claiming for the United 679 States any right to seepage or return flow being put to reasonable and beneficial use pursuant to this 680 Contract within the Contractor’s Service Area by the Contractor or those claiming by, through, or 681 under the Contractor.
33 Contract No. 14-06-200-8901-LTR1
682 CONSTRAINTS ON THE AVAILABILITY OF WATER
683 12. (a) In its operation of the Project, the Contracting Officer will use all reasonable 684 means to guard against a Condition of Shortage in the quantity of water to be made available to the 685 Contractor pursuant to this Contract. In the event the Contracting Officer determines that a Condition 686 of Shortage appears probable, the Contracting Officer will notify the Contractor of said determination 687 as soon as practicable.
688 (b) If there is a Condition of Shortage because of errors in physical operations of 689 the Project, drought, other physical causes beyond the control of the Contracting Officer, or actions 690 taken by the Contracting Officer to meet legal obligations then, except as provided in subdivision (a) 691 of Article 18 of this Contract, no liability shall accrue against the United States or any of its officers, 692 agents, or employees for any damage, direct or indirect, arising therefrom. 693 (c) The United States shall not execute contracts which together with this 694 Contract, shall in the aggregate provide for furnishing during the life of this Contract or any renewals 695 hereof Class 1 Water in excess of 800,000 acre-feet per Year or Class 2 Water in excess of 696 1,401,475 acre-feet per Year: Provided, That, subject to subdivision (1) of Article 3 of this Contract, 697 the limitation placed on Class 2 Water contracts shall not prohibit the United States from entering 698 into temporary contracts of one year or less in duration for delivery of Project Water to other entities 699 if such water is not necessary to meet the schedules as may be submitted by all Friant Division 700 long-term water service contractors entitled to receive Class 1 Water and/or Class 2 Water under their 701 water service contracts. Nothing in this subdivision shall limit the Contracting Officer’s ability to 702 take actions that result in the availability of new water supplies to be used for Project purposes and 34 Contract No. 14-06-200-8901-LTR1
703 allocating such new supplies: Provided, That the Contracting Officer shall not take such actions until after consultation with the Friant Division Project Contractors.704 705 (d) The Contracting Officer shall not deliver any Class 2 Water pursuant to this or 706 any other contract for water service heretofore or hereafter entered into any Year unless and until the 707 Contracting Officer determines that the cumulative total quantity of Class 1 Water specified in 708 subdivision (c) of this Article will be available for delivery in said Year. If the Contracting Officer 709 determines there is or will be a shortage in any Year in the quantity of Class 1 Water available for 710 delivery, the Contracting Officer shall apportion the available Class 1 Water among all contractors 711 entitled to receive such water that will be made available at Friant Dam in accordance with the following:712
713 A determination shall be made of the total quantity of Class 1 Water at (1) 714 Friant Dam which is available for meeting Class 1 Water contractual commitments, the amount so determined being herein referred to as the available supply.715 716 (2) The total available Class 1 supply shall be divided by the Class 1 Water 717 contractual commitments, the quotient thus obtained being herein referred to as the Class I 718 apportionment coefficient.
719 The total quantity of Class 1 Water under Article 3 of this Contract (3) 720 shall be multiplied by the Class I apportionment coefficient and the result shall be the quantity of 721 Class 1 Water required to be delivered by the Contracting Officer to the Contractor for the respective 722 Year, but in no event shall such amount exceed the total quantity of Class 1 Water specified in 723 subdivision (a) of Article 3 of this Contract.
35 Contract No. 14-06-200-8901-LTR1
724 (e) If the Contracting Officer determines there is less than the quantity of Class 2 725 Water which the Contractor otherwise would be entitled to receive pursuant to Article 3 of this 726 Contract, the quantity of Class 2 Water which shall be furnished to the Contractor by the Contracting 727 Officer will be determined in the manner set forth in paragraphs (1), (2), and (3), of subdivision (d) of 728 this Article substituting the term “Class 2” for the term “Class 1.99 (f) 729 In the event that in any Year there is made available to the Contractor, by 730 reason of any shortage or apportionment as provided in subdivisions (a), (d), or (e) of this Article, or 731 any discontinuance or reduction of service as set forth in subdivision (b) of Article 11 of this 732 Contract, less than the quantity of water which the Contractor otherwise would be entitled to receive 733 hereunder, there shall be made an adjustment on account of the amounts already paid to the 734 Contracting Officer by the Contractor for Class 1 Water and Class 2 Water for said Year in 735 accordance with Article 10 of this Contract.
736 13. Omitted.
737 RULES AND REGULATIONS
738 14. (a) The parties agree that the delivery of Project Water or use of Federal facilities 739 pursuant to this Contract is subject to Federal Reclamation law, as amended and supplemented, and 740 the rules and regulations promulgated by the Secretary of the Interior under Federal Reclamation law. 741 (b) The terms of this Contract are subject to any enforceable order, judgment, 742 and/or settlement in NRDC v. Patterson, No. CIVS 88-1658-LKK-EM and shall be timely modified 743 as necessary to effectuate or facilitate any final order, judgment, or settlement in said litigation. 744 (c) Omitted. 0
36 Contract No. 14-06-200-8901-LTR1
745 WATER AND AIR POLLUTION CONTROL

15. The Contractor, in carrying out this Contract, shall comply with all applicable water 749 QUALITY OF WATER
750 16. (a) Project facilities used to deliver Project Water to the Contractor pursuant to 751 this Contract shall be operated and maintained to enable the United States to deliver Project Water to 752 the Contractor in accordance with the water quality standards specified in subsection 2(b) of the 753 Act of August 26, 1937 (50 Stat. 865), as added by Section 101 of the Act of October 27, 1986 754 (100 Stat. 3050) or other existing Federal laws. The United States is under no obligation to construct 755 or furnish water treatment facilities to maintain or to improve the quality of Water Delivered to the 756 Contractor pursuant to this Contract. The United States does not warrant the quality of Water )
757 Delivered to the Contractor pursuant to this Contract. 758 (b) The O&M of Project facilities shall be performed in such manner as is 759 practicable to maintain the quality of raw water made available through such facilities at the highest 760 level reasonably attainable as determined by the Contracting Officer. The Contractor shall be 761 responsible for compliance with all State and Federal water quality standards applicable to surface 762 and subsurface agricultural drainage discharges generated through the use of Federal or Contractor 763 facilities or Project Water provided by the Contractor within the Contractor’s Service Area. 37 and air pollution laws and regulations of the United States and the State of California, and shall obtain all required permits or licenses from the appropriate Federal, State, or local authorities. 746
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766 17. (a) Omitted.
767 (b) Water or water rights now owned or hereafter acquired by the Contractor, other 768 than from the United States, may be stored, conveyed, and/or diverted through Project facilities, 769 subject to the completion of appropriate environmental documentation, with the approval of the 770 Contracting Officer and the execution of any contract determined by the Contracting Officer to be 771 necessary, consistent with the following provisions:

The Contractor may introduce non-Project water into Project facilities 772 (1) 773 and deliver said water within the Contractor’s Service Area subject to payment to the United States 774 and/or to any applicable Operating Non-Federal Entity of an appropriate rate as determined by the 775 applicable Project ratesetting policy, the RRA, and the Project use power policy, if such Project use 776 power policy is applicable, each as amended, modified, or superseded from time to time. 777 Delivery of such non-Project water in and through Project facilities (2) 778 shall only be allowed to the extent such deliveries do not: (i) interfere with other Project purposes as 779 determined by the Contracting Officer; (ii) reduce the quantity or quality of water available to other 780 Project Contractors; (iii) interfere with the delivery of contractual water entitlements to any other 781 Project Contractors; or (iv) interfere with the physical maintenance of the Project facilities. 782 (3) Neither the United States nor the Operating Non-Federal Entity shall be 783 responsible for control, care, or distribution of the non-Project water before it is introduced into or 784
38 WATER ACQUIRED BY THE CONTRACTOR

OTHER THAN FROM THE UNITED STATES
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785 and indemnify the United States and the Operating Non-Federal Entity, and their respective officers. 786 agents, and employees, from any claim for damage to persons or property, direct or indirect, resulting 787 from the acts of the Contractor its officers’, employees’, agents’, or assigns’ act(s) in (i) extracting or 788 diverting non-Project water from any source, or (ii) diverting such non-Project water into Project 789 facilities.
790 (4) Diversion of such non-Project water into Project facilities shall be 791 consistent with all applicable laws, and if involving groundwater, consistent with any groundwater 792 management plan for the area from which it was extracted. 793 (5) After Project purposes are met, as determined by the Contracting 794 Officer, the United States and the Contractor shall share priority to utilize the remaining capacity of the facilities declared to be available by the Contracting Officer for conveyance and transportation of non-Project water prior to any such remaining capacity being made available to non-Project 797 contractors.
798 OPINIONS AND DETERMINATIONS
799 18. (a) Where the terms of this Contract provide for actions to be based upon the 800 opinion or determination of either party to this Contract, said terms shall not be construed as 801 permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or 802 determinations. Both parties, notwithstanding any other provisions of this Contract, expressly reserve .803 the right to seek relief from and appropriate adjustment for any such arbitrary, capricious, or 804 unreasonable opinion or determination. Each opinion or determination by either party shall be 805 provided in a timely manner. Nothing in subdivision (a) of Article 18 of this Contract is intended to 39 795
)
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806 or shall affect or alter the standard of judicial review applicable under Federal law to any opinion or 807 determination implementing a specific provision of Federal law embodied in statute or regulation. 808 (b) The Contracting Officer shall have the right to make determinations necessary 809 to administer this Contract that are consistent with the expressed and implied provisions of this 810 Contract, the laws of the United States and of the State of California, and the rules and regulations 811 promulgated by the Secretary of the Interior. Such determinations shall be made in consultation with the Contractor to the extent reasonably practicable.812 813 COORDINATION AND COOPERATION
814 19. In order to further their mutual goals and objectives, the Contracting Officer (a) 815 and the Contractor shall communicate, coordinate, and cooperate with each other, and with other 816 affected Project Contractors, in order to improve the operation and management of the Project. The 817 communication, coordination, and cooperation regarding operations and management shall include, 818 but not be limited to, any action which will or may materially affect the quantity or quality of Project 819 Water supply, the allocation of Project Water supply, and Project financial matters including, but not 820 limited to, budget issues. The communication, coordination, and cooperation provided for hereunder 821 shall extend to all provisions of this Contract. Each party shall retain exclusive decision making 822 authority for all actions, opinion, and determinations to be made by the respective party. 823 (b) Within 120 days following the effective date of this Contract, the Contractor, 824 other affected Project Contractors, and the Contracting Officer shall arrange to meet with interested 825 Project Contractors to develop a mutually agreeable, written Project-wide process, which may be 826 amended as necessary, separate and apart from this Contract. The goal of this process shall be to 40 Contract No. 14-06-200-8901 -LTR1
827 provide, to the extent practicable, the means of mutual communication and interaction regarding 828 significant decisions concerning Project operation and management on a real-time basis. 829 (c) It is the intent of the Secretary to improve water supply reliability. To carry out this intent:830
831 (1) The Contracting Officer will, at the request of the Contractor, assist in 832 the development of integrated resource management plans for the Contractor. Further, the 833 Contracting Officer will, as appropriate, seek authorizations for implementation of partnerships to 834 improve water supply, water quality, and reliability. 835 (2) The Secretary will, as appropriate, pursue program and project 836 implementation and authorization in coordination with Project Contractors to improve the water 837 supply, water quality, and reliability of the Project for all Project purposes. 838 (3) The Secretary will coordinate with Project Contractors and the State of 839 California to seek improved water resource management. 840 (4) The Secretary will coordinate actions of agencies within the 841 Department of the Interior that may impact the availability of water for Project purposes. 842 (5) The Contracting Officer shall periodically, but not less than annually, 843 hold division level meetings to discuss Project operations, division level water management activities, 844 and other issues as appropriate.
845 (d) Without limiting the contractual obligations of the Contracting Officer under 846 the other Articles of this Contract, nothing in this Article shall be construed to limit or constrain the 847 Contracting Officer’s ability to communicate, coordinate, and cooperate with the Contractor or other 41 Contract No. 14-06-200-8901-LTR1
848 interested stakeholders or to make decisions in a timely fashion as needed to protect health, safety, or 849 the physical integrity of structures or facilities. 850 CHARGES FOR DELINQUENT PAYMENTS

20. (a) The Contractor shall be subject to interest, administrative, and penalty charges (b) The interest charge rate shall be the greater of the rate prescribed quarterly in (c) When a partial payment on a delinquent account is received, the amount 867 EQUAL OPPORTUNITY
868 21. During the performance of this Contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for (b) The Contractor will, in all solicitations or advertisements for employees placed 42 364
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by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without discrimination because of race, color, religion, sex, or national origin. on delinquent installments or payments. When a payment is not received by the due date, the Contractor shall pay an interest charge for each day the payment is delinquent beyond the due date.

When a payment becomes sixty (60) days delinquent, the Contractor shall pay an administrative charge to cover additional costs of billing and processing the delinquent payment. When a payment is delinquent ninety (90) days or more, the Contractor shall pay an additional penalty charge of six (6%) percent per year for each day the payment is delinquent beyond the due date. Further, the Contractor shall pay any fees incurred for debt collection services associated with a delinquent payment received shall be applied, first to the penalty, second to the administrative charges, third to the accrued interest, and finally to the overdue payment.
the Federal Register by the Department of the Treasury for application to overdue payments, or the interest rate of one-half of one (0.5%) percent per month prescribed by Section 6 of the Reclamation Project Act of 1939 (Public Law 76-260). The interest charge rate shall be determined as of the due date and remain fixed for the duration of the delinquent period. employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of payment or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause.

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(c) The Contractor will send to each labor union or representative of workers with (d) The Contractor will comply with all provisions of Executive Order (e) The Contractor will furnish all information and reports required by said (f) In the event of the Contractor's noncompliance with the nondiscrimination (g) The Contractor will include the provisions of paragraphs (a) through (g) in 911 GENERAL OBLIGATION-BENEFITS CONDITIONED UPON PAYMENT

22. (a) The obligation of the Contractor to pay the United States as provided in this 43 890
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which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Contracting Officer, advising the said labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

Contract is a general obligation of the Contractor notwithstanding the manner in which the obligation may be distributed among the Contractor's water users and notwithstanding the default of individual water users in their obligations to the Contractor.
every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of said amended Executive Order, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. amended Executive Order and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the Contracting Officer and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in said amended Executive Order, and such other sanctions may be imposed and remedies invoked as provided in said Executive Order, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

No. 11246 of September 24,1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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(b) The payment of charges becoming due hereunder is a condition precedent to 922 (c) With respect to subdivision (b) of this Article, the Contractor shall have no 923 obligation to require advance payment for water rates which it levies. 924 COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS

23. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (b) These statutes require that no person in the United States shall, on the grounds (c) The Contractor makes this agreement in consideration of and for the purpose of 943 24. Omitted.
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receiving benefits under this Contract. The United States shall not make water available to the Contractor through Project facilities during any period in which the Contractor may be in arrears in the advance payment of water rates due the United States. The Contractor shall not furnish water made available pursuant to this Contract for lands or parties which are in arrears in the advance payment of water rates levied or established by the Contractor. obtaining any and all Federal grants, loans, contracts, property discounts, or other Federal financial assistance extended after the date hereof to the Contractor by the Bureau of Reclamation, including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Contractor recognizes and agrees that such Federal assistance will be extended in reliance on the representations and agreements made in this Article, and that the United States reserves the right to seek judicial enforcement thereof. (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-112, as amended), the Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other applicable civil rights laws, as well as with their respective implementing regulations and guidelines imposed by the U.S. Department of the Interior and/or Bureau of Reclamation. of race, color, national origin, handicap, or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the Bureau of Reclamation. By executing this Contract, the Contractor agrees to immediately take any measures necessary to implement this obligation, including permitting officials of the United States to inspect premises, programs, and documents.

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944 CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS
945 25. In addition to all other payments to be made by the Contractor pursuant to this 946 Contract, the Contractor shall pay to the United States, within 60 days after receipt of a bill and 947 detailed statement submitted by the Contracting Officer to the Contractor for such specific items of 948 direct cost incurred by the United States for work requested by the Contractor associated with this 949 Contract plus indirect costs in accordance with applicable Bureau of Reclamation policies and 950 procedures. All such amounts referred to in this Article shall not exceed the amount agreed to in 951 writing in advance by the Contractor. This Article shall not apply to costs for routine contract administration.952
953 WATER CONSERVATION
954 26. (a) Prior to the delivery of water provided from or conveyed through Federally 955 constructed or Federally financed facilities pursuant to this Contract, the Contractor shall be 956 implementing an effective water conservation and efficiency program based on the Contractor's water 957 conservation plan that has been determined by the Contracting Officer to meet the conservation and 958 efficiency criteria for evaluating water conservation plans established under Federal law. The water 959 conservation and efficiency program shall contain definite water conservation objectives, appropriate 960 economically feasible water conservation measures, and time schedules for meeting those objectives. 961 Continued Project Water delivery pursuant to this Contract shall be contingent upon the Contractor’s 962 continued implementation of such water conservation program. In the event the Contractor's water 963 conservation plan or any revised water conservation plan completed pursuant to subdivision (d) of 964 Article 26 of this Contract have not yet been determined by the Contracting Officer to meet such 45 Contract No. 14-06-200-8901-LTR1
965 criteria, due to circumstances which the Contracting Officer determines are beyond the control of the 966 Contractor, water deliveries shall be made under this Contract so long as the Contractor diligently 967 works with the Contracting Officer to obtain such determination at the earliest practicable date, and 968 thereafter the Contractor immediately begins implementing its water conservation and efficiency 969 program in accordance with the time schedules therein. 970 (b) Should the amount of M&I Water delivered pursuant to subdivision (a) of 971 Article 3 of this Contract equal or exceed 2,000 acre-feet per Year, the Contractor shall implement the 972 Best Management Practices identified by the time frames issued by the California Urban Water 973 Conservation Council for such M&I Water unless any such practice is determined by the Contracting 974 Officer to be inappropriate for the Contractor.
975 (c) The Contractor shall submit to the Contracting Officer a report on the status of 976 its implementation of the water conservation plan on the reporting dates specified in the then-existing 977 conservation and efficiency criteria established under Federal law. 978 (d) At five-year intervals, the Contractor shall revise its water conservation plan to 979 reflect the then-current conservation and efficiency criteria for evaluating water conservation plans 980 established under Federal law and submit such revised water management plan to the Contracting 981 Officer for review and evaluation. The Contracting Officer will then determine if the water 982 conservation plan meets Reclamation’s then-current conservation and efficiency criteria for 983 evaluating water conservation plans established under Federal law. 984 (e) If the Contractor is engaged in direct groundwater recharge, such activity shall 985 be described in the Contractor's water conservation plan. a 46 Contract No. 14-06-200-8901 -LTR1
986 EXISTING OR ACQUIRED WATER OR WATER RIGHTS
987 27. Except as specifically provided in Article 17 of this Contract, the provisions of this 988 Contract shall not be applicable to or affect non-Project water or water rights now owned or hereafter 989 acquired by the Contractor or any user of such water within the Contractor's Service Area. Any such 990 water shall not be considered Project Water under this Contract. In addition, this Contract shall not 991 be construed as limiting or curtailing any rights which the Contractor or any water user within the 992 Contractor's Service Area acquires or has available under any other contract pursuant to Federal 993 Reclamation law.
994 OPERATION AND MAINTENANCE BY OPERATING NON-FEDERAL ENTITY 995 28. (a) The O&M of a portion of the Project facilities which serve the Contractor, and 996 responsibility for funding a portion of the costs of such O&M, have been transferred to the Operating 997 Non-Federal Entity by separate agreement between the United States and the Operating Non-Federal 998 Entity. That separate agreement shall not interfere with or affect the rights or obligations of the 999 Contractor or the United States hereunder.
1000 (b) The Contracting Officer has previously notified the Contractor in writing that 1001 the O&M of a portion of the Project facilities which serve the Contractor has been transferred to the 1002 Operating Non-Federal Entity, and therefore, the Contractor shall pay directly to the Operating 1003 Non-Federal Entity, or to any successor approved by the Contracting Officer under the terms and 1004 conditions of the separate agreement between the United States and the Operating Non-Federal Entity 1005 described in subdivision (a) of this Article, all rates, charges, or assessments of any kind, including 1006 any assessment for reserve funds, which the Operating Non-Federal Entity or such successor 47 Contract No. 14-06-200-8901-LTR1
1007 determines, sets, or establishes for (i) the O&M of the portion of the Project facilities operated and 1008 maintained by the Operating Non-Federal Entity or such successor, or (ii) the Friant Division’s share 1009 of the operation, maintenance, and replacement costs for physical works and appurtenances 1010 associated with the Tracy Pumping Plant, the Delta-Mendota Canal, the O'Neill Pumping/Generating 1011 Plant, the Federal share of the O'Neill Forebay, the Mendota Pool, and the Federal share of San Luis 1012 Unit joint use conveyance and conveyance pumping facilities. Such direct payments to the Operating 1013 Non-Federal Entity or such successor shall not relieve the Contractor of its obligation to pay directly 1014 to the United States the Contractor’s share of the Project Rates, Charges, and Tiered Pricing 1015 Component(s) except to the extent the Operating Non-Federal Entity collects payments on behalf of 1016 the United States in accordance with the separate agreement identified in subdivision (a) of this 1017 Article.
1018 (c) For so long as the O&M of any portion of the Project facilities serving the 1019 Contractor is performed by the Operating Non-Federal Entity, or any successor thereto, the 1020 Contracting Officer shall adjust those components of the Rates for Water Delivered under this 1021 Contract representing the cost associated with the activity being performed by the Operating 1022 Non-Federal Entity or its successor.
1023 (d) In the event the O&M of the Project facilities operated and maintained by the 1024 Operating Non-Federal Entity is re-assumed by the United States during the term of this Contract, the 1025 Contracting Officer shall so notify the Contractor, in writing, and present to the Contractor a revised 1026 Exhibit “B” which shall include the portion of the Rates to be paid by the Contractor for Project 1027 Water under this Contract representing the O&M costs of the portion of such Project facilities which 48 Contract No. 14-06-200-8901-LTR1
1028 have been re-assumed. The Contractor shall, thereafter, in the absence of written notification from 1029 the Contracting Officer to the contrary, pay the Rates, Charges, and Tiered Pricing Component(s) 1030 specified in the revised Exhibit “B” directly to the United States in compliance with Article 7 of this 1031 Contract.
1032 CONTINGENT UPON APPROPRIATION OR ALLOTMENT OF FUNDS

29. The expenditure or advance of any money or the performance of any obligation of the 1038 BOOKS, RECORDS, AND REPORTS

30. (a) The Contractor shall establish and maintain accounts and other books and 1047 (b) Notwithstanding the provisions of subdivision (a) of this Article, no books, 1048 records, or other information shall be requested from the Contractor by the Contracting Officer unless 1049 such books, records, or information are reasonably related to the administration or performance of 1050 this Contract. Any such request shall allow the Contractor a reasonable period of time within which 1051 to provide the requested books, records, or information. 49 1033
1034
1035
1036
1037
records pertaining to administration of the terms and conditions of this Contract, including: the Contractor's financial transactions, water supply data, and Project land and right-of-way agreements; water use data; and other matters that the Contracting Officer may require. Reports thereon shall be furnished to the Contracting Officer in such form and on such date or dates as the Contracting Officer may require. Subject to applicable Federal laws and regulations, each party to this Contract shall have the right during office hours to examine and make copies of the other party’s books and records relating to matters covered by this Contract.

United States under this Contract shall be contingent upon appropriation or allotment of funds.

Absence of appropriation or allotment of funds shall not relieve the Contractor from any obligations under this Contract. No liability shall accrue to the United States in case funds are not appropriated or allotted.
1039
1040
1041
)42
1043
1044
1045
1046
Contract No. 14-06-200-8901-LTR1
1052 (c) At such time as the Contractor provides information to the Contracting Officer 1053 pursuant to subdivision (a) of this Article, a copy of such information shall be provided to the Operating Non-Federal Entity.1054
1055 ASSIGNMENT LIMITED-SUCCESSORS AND ASSIGNS OBLIGATED

31. (a) The provisions of this Contract shall apply to and bind the successors and 1059 (b) The assignment of any right or interest in this Contract by either party shall not 1060 interfere with the rights or obligations of the other party to this Contract absent the written 1061 concurrence of said other party.
1062 (c) The Contracting Officer shall not unreasonably condition or withhold approval 1063 of any proposed assignment.
1064 SEVERABILITY
1065 In the event that a person or entity who is neither (i) a party to a Project contract, nor 32. 1066 (ii) a person or entity that receives Project Water from a party to a Project contract, nor (iii) an 1067 association or other form of organization whose primary function is to represent parties to Project 1068 contracts, brings an action in a court of competent jurisdiction challenging the legality or 1069 enforceability of a provision included in this Contract and said person, entity, association, or 1070 organization obtains a final court decision holding that such provision is legally invalid or 1071 unenforceable and the Contractor has not intervened in that lawsuit in support of the plaintiffs), the 1072 parties to this Contract shall use their best efforts to (i) within 30 days of the date of such final court 1073 decision identify by mutual agreement the provisions in this Contract which must be revised and 50 1056
1057
1058
assigns of the parties hereto, but no assignment or transfer of this Contract or any right or interest therein shall be valid until approved in writing by the Contracting Officer.

Contract No. 14-06-200-8901-LTR1
1074 (ii) within three months thereafter promptly agree on the appropriate revision(s). The time periods 1075 specified above may be extended by mutual agreement of the parties. Pending the completion of the 1076 actions designated above, to the extent it can do so without violating any applicable provisions of 1077 law, the United States shall continue to make the quantities of Project Water specified in this Contract 1078 available to the Contractor pursuant to the provisions of this Contract which were not found to be 1079 legally invalid or unenforceable in the final court decision. 1080 RESOLUTION OF DISPUTES
1081 33. Should any dispute arise concerning any provisions of this Contract, or the parties’ 1082 rights and obligations thereunder, the parties shall meet and confer in an attempt to resolve the 1083 dispute. Prior to the Contractor commencing any legal action, or the Contracting Officer referring 1084 any matter to Department of Justice, the party shall provide to the other party 30 days’ written notice 1085 of the intent to take such action: Provided, That such notice shall not be required where a delay in 1086 commencing an action would prejudice the interests of the party that intends to file suit. During the 1087 30-day notice period, the Contractor and the Contracting Officer shall meet and confer in an attempt 1088 to resolve the dispute. Except as specifically provided, nothing herein is intended to waive or abridge 1089 any right or remedy that the Contractor or the United States may have. 1090 OFFICIALS NOT TO BENEFIT

34. No Member of or Delegate to Congress, Resident Commissioner, or official of the 51 1091
1092
1093
Contractor shall benefit from this Contract other than as a water user or landowner in the same manner as other water users or landowners.

Contract No. 14-06-200-8901-LTR1
1094 CHANGES IN CONTRACTOR’S SERVICE AREA

35. While this Contract is in effect, no change may be made in the Contractor's (a) 1098 (b) Within 30 days of receipt of a request for such a change, the Contracting 1099 Officer will notify the Contractor of any additional information required by the Contracting Officer 1100 for processing said request, and both parties will meet to establish a mutually agreeable schedule for 1101 timely completion of the process. Such process will analyze whether the proposed change is likely to:
1102 (i) result in the use of Project Water contrary to the terms of this Contract; (ii) impair the ability of 1103 the Contractor to pay for Project Water furnished under this Contract or to pay for any Federally1104 constructed facilities for which the Contractor is responsible; and (iii) have an impact on any Project 1105 Water rights applications, permits, or licenses. In addition, the Contracting Officer shall comply with 1106 the NEPA and the ESA. The Contractor will be responsible for all costs incurred by the Contracting 1107 Officer in this process, and such costs will be paid in accordance with Article 25 of this Contract. 1108 FEDERAL LAWS
1109 36. By entering into this Contract, the Contractor does not waive its rights to contest the 1110 validity or application in connection with the performance of the terms and conditions of this mi Contract of any Federal law or regulation: Provided, That the Contractor agrees to comply with the 1112 terms and conditions of this Contract unless and until relief from application of such Federal law or 1113 regulation to the implementing provision of the Contract is granted by a court of competent 1114 jurisdiction.
t
52 1095
1096
1097
Service Area, by inclusion or exclusion of lands, dissolution, consolidation, merger, or otherwise, except upon the Contracting Officer's written consent.

Contract No. 14-06-200-8901-LTR1
1115 NOTICES

37. Any notice, demand, or request authorized or required by this Contract shall be deemed to 1123 CONFIRMATION OF CONTRACT

38. The Contractor, after the execution of this Contract, shall furnish to the Contracting 53 1124
1125
1126
1127
1128
1116
1117
1118
1119
1120
1121
1122
have been given, on behalf of the Contractor, when mailed, postage prepaid, or delivered to the Area Manager, South-Central California Area Office, 1243 “N" Street, Fresno, California 93721, and on behalf of the United States, when mailed, postage prepaid, or delivered to the City of Fresno, Public Utilities Director, 2600 Fresno Street, Room 3065, Fresno, California 93721-3624. The designation of the addressee or the address may be changed by notice given in the same manner as provided in this Article for other notices.

Officer evidence that pursuant to the laws of the State of California the Contractor is a legally constituted entity, and the Contract is lawful, valid, and binding on the Contractor. This Contract shall not be binding on the United States until such evidence has been provided to the Contracting Officer’s satisfaction.

Contract No. 14-06-200-8901-LTR1
_9 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day / 1130 and year first above written.
1131 THE UNITED STATES OF AMERICA
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0 OFFice Of REGIONAL soucion
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DEPARTVENT OF THE
1135 (SEAL) CITY OF FRESNO
By:

Attest:

By: By:

City Clerk Public. Utilities DiecHor
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1141 Approved as to form:

JHOoaMx
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1144
54 1142
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1136
1137
1138
1132
1133
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Regional Director, M(d-Pacific Region
Bureau of Reclamation
9 1140

APPROVED AS TO LEGAL

FORM AND SUFFICIENCY
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EXHIBIT A
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Contract No. 14-06-200-8901-LTR1
O&M AND COST-OF-SERVICE RATES:

Capital Rates: $20.04
$53.53
CFO/PER Adj. Rate ** $ 1.70
TOTAL COST-OF-SERVICE RATES (COS): $85.83
M&I FULL-COST RATE $97.15
$ 5.66
$11.32
SURCHARGES UNDER PUB. L. 102-575 TO RESTORATION FUND*** Conveyance and Conveyance Pumping Operation and Maintenance Costs were removed for * ratesetting purposes and are to be billed directly to the water authorities.

The surcharges are payments in addition to the water rates and were determined pursuant to Title *** t
$ 7.00
$15.87
Friant Surcharge [3406(c)(1)]
Restoration Payments [3407(d)(2)(A)]
** Chief Financial Officer (CFO) Adjustment and Provision for Replacement (PFR) Credit are being distributed over a 5-year period beginning in FY2003 for the contractors that requested that the costs be deferred.

Tiered Pricing Component>90% of Contract
Total [Full Cost Rate - COS Rate]:

Tiered Pricing Component>80%<=90% of Contract
Total [Full Cost Rate - COS Rate /2]:

XXXIV of Public Law 102-575. Restoration fund surcharges under P. L. 102-575 are on a fiscal year basis (10/1-9/30).
$ 3.89
$ 6.67
*
Deficit Rates:

Non-Interest Bearing
Interest Bearing
O&M Rates:

Water Marketing
Storage
Conveyance
2005 Rates Per Acre-Foot
M&I Water

EXHIBIT B

CITY OF FRESNO

WATER RATES AND CHARGES
Contract No. 14-06-200-8901-LTR1
£
Comments
sdt
03705* Contract effective
01/06 Implementation study
01/06
12/06
01/07
06/07
Draft rate ordinance12/07
01/08
01/08
12/08 Meter installation progress
01/09
12/09 43% (45,000 units)
01/10
03/10
12/10
01/11
12/11 81% (85,000 units)
01/12
12/12
01/13
Submit progress report to Bureau
Confirmation of existing meters
Submit progress report to Bureau
Secure installation contract
100% (105,000 units)
Retrofit complete.

Submit progress report to Bureau
Initiate retrofit
Verify integrity and servicing of
existing meters
Submit progress report to Bureau
Meter installation progress
Submit progress report to Bureau
Impose new rate ordinance (fees
based on metered use)
Select and obtain consultant study re
implementation
Meter installation progress
Submit progress report to Bureau
Adopt new rate ordinance
Submit compliance report to
Bureau
Meter installation progress
Submit completion report
Begin implementation of consultant
recommendations
Initial development of tiered rate
structure

EXHIBIT C

METERING PLAN
Begin installation of meters on existing
dwellings
29% (30,000 of approximately 105,000
units installed)
New rate structure applicable to
currently metered customers. Rates to
be effective as new meter installations
occur.
62% (65,000 units)
Schedule subject to change due to unforeseen circumstances. *This date will be revised at the time the contract is executed on behalf of the United States. item
v
Completion
, . ; Date ,
16 THIS CONTRACT AMENDMENT, is made this b 4 day of
17 ,2007 , in pursuance generally of the Act of Congress of June 17, 18 1902 (32 Stat. 388), and the acts amendatory thereof or supplementary thereto, including, 19 but not limited to, the Acts of August 26, 1937 (50 Stat. 844), as amended and supplemented, 20 August 4, 1939 (53 Stat. 1187), as amended and supplemented, July 2, 1956 (70 Stat. 483), 21 June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), October 27, 1986 22 (100 Stat. 3050), as amended, and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), 23 all collectively hereinafter referred to as Federal Reclamation law, between 24 THE UNITED STATES OF AMERICA, hereinafter referred to as the United States, and, 25 CITY OF FRESNO, hereinafter referred to as the Contractor, a public agency of the State of 26 California, duly organized, existing, and acting; pursuant to the laws thereof; 27 WITNESSETH, That:
6 7
8 9
Amendment to Contract .

No. 14-06-200-8901-LTR1
1 2
3 4
5 10
11 12
13 14
15 UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION
Central Valley Project, California

AMENDMENT TO LONG-TERM RENEWAL CONTRACT BETWEEN

THE UNITED STATES
AND

CITY OF FRESNO

PROVIDING FOR PROJECT WATER SERVICE FROM FRIANT DIVISION 28 EXPLANATORY RECITALS
29 30 dated August 18, 2005, designated Contract No. 14-06-200-8901-LTR1, providing for water 31 service from the Central Valley Project, hereinafter referred to as the “Existing Contract;” and 32 33 Contract, the terms of the Existing Contract are subject to any enforceable order, judgment and/or 34 settlement in NRDC v. Patterson, No. CIVS 88-1658-LKK-EM (now styled Natural Resources 35 Defense Council, et al. V. Rodgers, et al., No. CIV-S-88-1658 LKK/GGH) and that the Existing 36 Contract shall be timely modified as necessary to effectuate or facilitate any final orderjudgment 37 or settlement in said litigation; and
[3rd 38 ] WHEREAS, the parties to said litigation have reached agreement on a 39 global resolution of all Claims for Relief in the Seventh Amended Complaint, on the terms and 40 conditions stated in the Stipulation of Settlement dated September 13, 2006, designated Exhibit 1 41 in the Order Approving Stipulation dated October 23, 2006; and [4th 42 ] WHEREAS, the parties hereto desire to amend the Existing Contract as 43 required by said Stipulation of Settlement.
44 NOW, THEREFORE, in consideration of the mutual and dependent covenants 45 herein contained, it is hereby agreed as follows:
46 1. Subdivision (a) of Article 3 of the Existing Contract is deleted in its entirety, and 47 the following is substituted in lieu thereof:
2 [1st] WHEREAS, the United States and the Contractor entered into a contract [2nd] WHEREAS, pursuant to subdivision (b) of Article 14 of the Existing 48 “(a) During each Year, consistent with all applicable State water rights, permits, and 49 licenses, Federal law, and the Stipulation of Settlement dated September 13, 2006, 50 the Order Approving Stipulation of Settlement, and the Judgment and further orders 51 issued by the Court pursuant to terms and conditions of the Settlement in 52 Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 53 LKK/GGH, and subject to the provisions set forth in Articles 11 and 12 of this 54 Contract, the Contracting Officer shall make available for delivery to the Contractor 55 60,000 acre-feet of Class 1 Water for M&I purposes. The quantity of Water Delivered 56 to the Contractor in accordance with this subdivision shall be scheduled and paid for 57 pursuant to the provisions of Articles 4 and 7 of this Contract.” 58 2. Subdivision (a) of Article 11 of the Existing Contract is deleted in its entirety, and 59 the following is substituted in lieu thereof:
60 “(a) Subject to: (i) the authorized purposes and priorities of the Project and the 61 requirements of Federal law, and the Stipulation of Settlement dated September 13. 62 2006, the Order Approving Stipulation of Settlement, the Judgment and further 63 orders issued by the Court pursuant to terms and conditions of the Settlement in 64 Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 65 LKK/GGH and (ii) the obligations of the United States under existing contracts, or 66 renewals thereof, providing for water deliveries from the Project, the Contracting 67 Officer shall make all reasonable efforts to optimize Project Water deliveries to the 68 Contractor as provided in this Contract.”
3 69 3. Subdivision (b) of Article 12 of the Existing Contract is deleted in its entirety, and 70 the following is substituted in lieu thereof:
71 “(b) If there is a Condition of Shortage because of errors in physical operations of the 72 Project, drought, other physical causes beyond the control of the Contracting Officer or 73 actions taken by the Contracting Officer to meet legal obligations, including but not 74 limited to obligations pursuant to the Stipulation of Settlement dated September 13, 75 2006, the Order Approving Stipulation of Settlement, the Judgment and further 76 orders issued by the Court pursuant to terms and conditions of the Settlement in 77 Natural Resources Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 78 LKK/GGH then, except as provided in subdivision (a) of Article 18 of this Contract, 79 no liability shall accrue against the United States or any of its officers, agents, or 80 employees for any damage, direct or indirect, arising therefrom.99 81 4. Subdivision (b) of Article 14 of the Existing Contract is deleted in its entirety, and the 82 following is substituted in lieu thereof:
83 (b) The terms of this Contract are subject to the Stipulation of Settlement dated 66 84 September 13, 2006, the Order Approving Stipulation of Settlement, the Judgment and 85 further orders issued by the Court pursuant to terms and conditions of the Settlement in 86 Natural Resources Defense Council, et al v. Rodgers, et al, No. CIV-S-88-1658 87 LKK/GGH. Nothing in this Contract shall be interpreted to limit or interfere with the 88 full implementation of this Settlement, Order, the Judgment and further orders issued 89 by the Court pursuant to terms and conditions of the Settlement." 4 90 5. Except as specifically amended herein, the Existing Contract is valid and shall continue in full force and effect as originally written and executed.91 92 IN WITNESS WHEREOF, the parties hereto have executed this Contract 93 Amendment as of the day and year first above written. 94 THE UNITED STATES OF AMERICA
By:
98 CITY OF FRESNO
Claa) l auci----
City Manager 0
(SEAL)
By:

By:

Public Utilities Direct
Attest:
<
C
By:

City Clerk (3l(o2)
107 Approved as to form:
ft By:
fey
(Fresno (City of) pfiant Settlement Amendment Final 1 l-28-06.doc) 5 105
106
108
109
102
103
104
95 96
97 99
100
101
Regional Director, Mid-Pacific Region
Bureau of Reclamation U

APPROVED AS TO LEGAL

TE AND SUFFICIENCY

OFFICE OF REGIONAL SOLICITOR

DEPARTMENT OF THE INTERIOR
1/77
7 City At
I
I
City of Fresno and
Fresno Irrigation District
Agreements
WITNESSETH:
1 GIS 6496
WHEREAS, certain provisions of this Agreement are specifically authorized by, and entered into pursuant to, Chapter 9 (commencing with Section 26670), Part 10, Division 11 of the California Water Code; and
WHEREAS, District and City wish to amend and restate the 1976 Agreement in its entirety in order to continue with and expand said cooperative program to recognize changed circumstances affecting them via this Revised, Amended and Restated Cooperative Agreement between Fresno Irrigation District and City of Fresno for Water Utilization and Conveyance ; and
WHEREAS, City is a municipal corporation with boundaries largely overlapping those of District and is the owner of a water distribution system for the distribution of water to lands both in and outside the exterior boundaries of City; and
WHEREAS, by agreement dated December 22, 2010 between City and the United States of America identified as Contract No. 14-06-200-890 ID (the “City Bureau Contract”), City is entitled to purchase certain water from the United States; and THIS AGREEMENT is entered into as of December, 2016 by and between the Fresno Irrigation District, an irrigation district (herein called “District”) and City of Fresno, a municipal corporation (herein called “City”).

WHEREAS, by agreement dated December 22, 2010 between District and the United States of America identified as Contract No. 14-06-200-1122D (the “District Bureau Contract”), District is entitled to purchase certain water from the United States; and WHEREAS, District and City have heretofore entered into a cooperative program of water utilization between said parties evidenced by a written agreement for such water utilization and conveyance dated August 12, 1970, which by its terms and by the terms of amendments thereto terminated on May 30, 1976; and

REVISED, AMENDED AND RESTATED

COOPERATIVE AGREEMENT BETWEEN FRESNO

IRRIGATION DISTRICT AND CITY OF FRESNO

FOR WATER UTILIZATION AND CONVEYANCE
WHEREAS, District is an irrigation district organized and existing under the laws of the State of California and is the owner of certain water supplies, water rights and a water distribution system that can convey water to lands both within and outside District boundaries; and
WHEREAS, District and City continued with said cooperative program and entered into a replacement contract for water utilization and conveyance dated May 25, 1976 (“1976 Agreement”); and
WHEREAS, under the 1976 Agreement, Kings River water was available to City once lands within District boundaries with surface water allotments were annexed into City and were covered by the 1976 Agreement’s contract rate for surface water delivery to City by District for those lands; and
WHEREAS, District holds rights to Kings River water and storage in Pine Flat Reservoir on the Kings River, subject to various contracts with the United States of America, water supply schedules and agreements by and among members of the Kings River Water Association and others, judicial and regulatory decrees, and the water rights governing the diversion and use of Kings River water, all as they may be amended or supplemented from time to time (collectively, the “Kings River Agreements”); and
WHEREAS, City has heretofore used much of the water delivered to it under the 1976 Agreement for groundwater recharge because of City’s historical reliance on groundwater, and therefore did not require delivery of water year around; and WHEREAS, City and District are both committed to working cooperatively under the Sustainable Groundwater Management Act (“SGMA”) so that the groundwater basin shared by City and District is sustainable and so that undesirable results (as defined in SGMA) are minimized or avoided; and
WHEREAS, it is recognized by both District and City that many inhabitants of District also require water for domestic, industrial or fire protection purposes supplied to them by City; and
WHEREAS, it is recognized by District and City that District is primarily charged with the distribution and delivery of water within District for Agricultural Use and that its canals and distribution system must primarily be used for that purpose; and WHEREAS, City and District now wish to limit the amount of Kings River water available to City to provide more certainty regarding water supply availability and to address City’s current and anticipated needs and circumstances; and WHEREAS, with the development of its surface water treatment facilities (“SWTFs”) City now requires a long-term, reliable and certain surface water supply, deliverable continuously year around; and
WHEREAS, City desires to use more of its surface water for direct delivery to its water users and ratepayers while limiting its reliance on groundwater; and WHEREAS, conveyance of raw surface water to the SWTFs on a continuous year around basis will require, among other things, (i) new conveyance infrastructure built by City to overcome certain operational challenges and/or interruptions to District’s infrastructure to accommodate normal and routine maintenance of District’s canals and pipelines than have historically delivered surface water to City, (ii) District to alter its operations and incur additional 2 WHEREAS, City and District recognize that changes to the operations of the Central Valley Project have impacted the availability of water from said project; and 3 costs to make Out of Season Deliveries, and (iii) the use of new management techniques by District, with the attendant costs, including without limitation water sales, purchases, transfers and exchanges, to meet the need for a continuous supply of surface water to City’s SWTFs, all while addressing SGMA and other legal and regulatory requirements that impact the groundwater basin shared by District and City; and
WHEREAS, City recognizes that the coordinated management of both District’s and City’s water supplies by District is desirable to maximize the use of the current water supplies and the future development of water supplies for both parties; and WHEREAS, in light of SGMA, environmental regulations, water supply challenges and competition with other users and regions in the State for water supplies, City and District wish to further enhance their cooperative working relationship for the benefit of the water users and ratepayers they serve by entering into this Agreement to provide for strategic, long-range and coordinated water supply planning and management that will optimize water conservation, the efficient uses of water for agricultural and municipal uses, the capture of flood released water, the use of existing water supply storage assets, the development of new water supply storage assets, the expansion of groundwater recharge capacity, the effectiveness of strategic water supply sales, transfers, exchanges and purchases, and the enhancement of recycled water utilization.

WHEREAS, City has determined that it is in City’s interest, and in the interest of its water users and ratepayers, to engage District to employ District’s experience, knowledge and expertise on behalf of City in the management of City’s Surface Water pursuant to the terms hereof in order to achieve City’s and District’s goals described herein and to accommodate City’s desire for a continuous year around surface water supply, and District has agreed to be so engaged; and
WHEREAS, providing Out of Season Deliveries by District to City may also require the development of new water supplies and projects to provide the water being sought by City; and WHEREAS, City acknowledges that District has a great depth of experience, knowledge and expertise in the management of surface water supply resources (including but not limited to water supply sales, purchases, transfers and exchanges); and WHEREAS, through this Agreement and additional cooperative efforts, City, District and other entities in the region intend to capture of flood released waters, optimize existing water supply storage assets, develop new water supply storage assets, expand groundwater recharge capacities, engage in strategic water supply sales, transfers and exchanges and enhance the utilization of recycled and/or treated waters; and
WHEREAS, the changing conditions and manner of management of water supplies throughout the State of California, and other factors beyond the control of City and District, will require increased vigilance on the part of water purveyors in the Fresno area to cooperate with each other on long-range implementation strategies to improve the availability, reliability, and drought resiliency of water supplies; and

1. Term. The term of this Agreement shall be for a period commencing on the date it is

2. Agreement Subject to Other Obligations. This Agreement shall be at all times subject to

3. Definitions. For the purpose of this Agreement, the following terms shall be defined as follows:
(a) Agricultural Use” means the use of water primarily in the production of 66 (b) City’s Friant Supply” means all water to which City is entitled under the City 66_ (c) City’s Kings River Supply” means the percentage of District’s Kings River 66 Supply available to be delivered to City in a Water Year under this Agreement. (d) District’s Kings River Supply” means the Kings River water District may deliver 66’ (e) City’s Surface Water” means all water available to City in a Water Year by 66 means other than pumping from the underground water supply, including without limitation 4 executed by both District and City and ending at 12:00 o’clock p.m. on the last day of June in the year 2035, and thereafter until terminated by either party as of the last day of February of any subsequent year by written notice to the other party mailed prior to September 1 st of the previous year. Upon the execution of this Agreement the 1976 Agreement and all amendments thereto shall be of no further force or effect, except that City agrees to pay District any monies owing or to become owing to District under and according to the terms of the 1976 Agreement, if any. all of the terms and conditions of the City Bureau Contract, the District Bureau Contract and the Kings River Agreements, and to the extent that any agreement contained herein is contrary to or inconsistent with any term or condition of those contracts or agreements, that contrary provision of this Agreement shall be unenforceable. In the event any such agreement contained herein shall become unenforceable, the entire Agreement may be terminated by the party adversely affected as of the last day of February of the next succeeding year, by written notice served upon the other party on or before the first day of September of the year preceding such termination.

Bureau Contract or otherwise as a result of City’s status as a long-term repayment contractor for water service from the Friant Division of the Central Valley Project (CVP), including without limitation Class 1 water, Section 215 water, uncontrolled season water, unreleased restoration flows and recirculated water. City’s Friant Supply shall not include any water available to District under the District Bureau Contract or as a result of District’s status as a long-term repayment contractor in the Friant Division of the CVP, which water is not governed by this Agreement.
to its water users under the Kings River Agreements and applicable judicial and regulatory decrees in a Water Year as the result of the calculated natural flow of the Kings River during that Water Year.
agricultural crops or livestock including but not restricted to domestic use incidental to such agricultural purposes, the watering of livestock, and underground water replenishment conducted by District.

NOW, THEREFORE, adopting the foregoing recitals as being applicable to this Agreement, it is mutually agreed as follows:
(f) “City’s Water Service Area” means all lands within the exterior boundaries of (g) “City Water System” means the conduits, pipes and other facilities (including (h) “District Water Service” means the furnishing of water by District directly to (i) “District Water System” means the conduits, pipes, canals, pumping stations and 0) Excluded Areas” means those acres within the City’s Water Service Area that 66 are outside of the District’s boundaries.
(k) Included Acres” means those acres within the City’s Water Service Area that are 66 within the District’s boundaries.
(1) Municipal, Industrial and Domestic Uses” means the use of water other than for Agricultural Use, and underground water replenishment conducted by City. (m) Out of Season Deliveries” means deliveries of City’s Surface Water via the 66 (n) “Point of Delivery” means, for water delivered to City via the District Water “Transfer” means a water sale, transfer or exchange involving any of City’s Friant 5 System, the headworks of the Gould Canal and the Fresno Canal as specified in the applicable schedule, for water delivered to City via the Friant-Kern Canal Raw Water Pipeline, the headworks of the Friant-Kern Canal Raw Water Pipeline, for water delivered to City via the South Raw Water Pipeline, the headworks of the Fresno Canal, and such other location(s) as City and District may mutually agree.
other facilities owned and/or used by District to convey water to lands or facilities whether in or outside of District.
lands within District by means of the District Water System other than pumping conducted by a landowner or water user directly from the underground water supply upon the lands receiving such water.

District Water System during periods when District is not otherwise delivering irrigation water to its landowners or water users via the portions of the District Water System used to convey City’s Surface Water to the points on the District Water System where City will assume physical control of the delivered water.

City’s Kings River Supply and City’s Friant Supply and any surface water supply acquired or developed after the date of this Agreement.

City, and also all lands outside such boundaries that are within the exterior boundaries of District, to which City now delivers water or hereafter consents to deliver water by means of the City Water System and that are not hereafter designated or assessed by District as lands receiving or to receive District Water Service.
without limitation the SWTFs) owned by City and used by City to convey water to lands whether in or outside City.
(o)
Supply.
(p) “Water Year” means March 1 of one year through the last day of the following

4. Management of City’s Surface Water. To fulfill the purposes of this Agreement, and to (a) The management authority hereby granted to District shall include without limitation the exclusive right to:
i. Direct the storage and release of City’s Surface Water; ii.
iii.
iv. Pursue and implement Transfers pursuant to this Agreement; and v.
(b) District shall not voluntarily take any action that would:
i.
ii. Result in a long-term reduction in amount of City’s Surface Water; or iii.
(c) Notwithstanding District’s management of City’s Surface Water, City shall be 6 Facilitate the reasonable and beneficial use of City’s Surface Water and other water supplies available to City, while also providing for delivery of water to the applicable Point(s) of Delivery as specified in this Agreement; Take all other actions associated with the management and administration of City’s Surface Water prior to its delivery to the applicable Point of Delivery in furtherance of the goals provided in subsection 4(f). solely responsible for, and shall timely pay, all charges and other amounts payable in connection with any of City’s Surface Water.

February when used in reference to City’s Friant Supply and October 1 of one year through September 30 for the following year when used in reference to City’s Kings River Supply or District’s Kings River Supply.

Schedule, order and provide for the delivery of City’s Surface Water to District’s points of diversion;
Result in management or use of City Surface Water inconsistent with the goals provided in subsection 4(f) below, unless City provides prior written authorization of such management or use.

Breach City’s Bureau Contract or any other agreement governing any of City’s Surface Water;
facilitate the continuous and year around supply of water to City’s Water System and facilities, District shall undertake, and is hereby appointed by City as City’s exclusive agent for the management of City’s Surface Water pursuant and subject to the terms of this Agreement, including but not limited to subsection 4(f) below. District’s management authority and responsibilities shall terminate with respect to any of City’s Surface Water upon delivery of that water to City.
(d) Subject to the express rights of City under this Agreement, City shall take no (e) District shall coordinate with City to define and identify uses of City’s Surface i.
ii.
iii.
(f) District’s management of City’s Surface Water shall at all times be in furtherance of one or more of the following water supply goals:
i. Providing continuous year around water supply to City’s SWTFs; ii. Improving the water supply reliability and drought-resiliency for City; 7 Water that benefit City’s water users and ratepayers. This coordination shall be performed as described in this subsection.
action that interferes with District’s management of City’s Surface Water as long as District provides the deliveries thereof in accordance with Section 5.

As frequently as appropriate and necessary, and at least annually, City and District shall confer to review available water supply information and data, including without limitation: precipitation, snow pack, and runoff conditions; water storage conditions; relevant environmental programs and projects; forecasted Municipal, Industrial and Domestic Uses; surface water delivery priorities for City; forecasted groundwater pumping required to meet City’s forecasted Municipal, Industrial and Domestic Uses; and other pertinent information and data related to water supply availability and water demands for the relevant Water Year(s). City and District shall also confer regarding the anticipated availability of City’s Friant Supply, if any, for Transfers.

City will be responsible for providing periodic updates to the City Council and City administration. At least annually, City staff shall provide an informational workshop to the City Council, summarizing ongoing water supply conditions, the implementation of this Agreement and fulfillment of the water supply goals as listed in 4(f), as well as any anticipated water supply issues of concern for the relevant Water Year(s). District shall make reasonable efforts to coordinate with City staff to provide any data, information, and materials required for this annual informational workshop to the City Council.

It is understood that during any given Water Year it may be necessary to adjust the water supply planning forecast established pursuant to the above described process as water supply availability and demands change, and additional information and data are obtained, reviewed, and assessed. City and District shall employ reasonable efforts to meet and confer as necessary to keep each party informed to the extent water supply conditions and plans may change through the relevant Water Year. City shall be responsible for providing informational updates to the City administration to the extent there are material changes to the water supply conditions in any given Water Year.
iii. Improving the operation and utilization of City-owned recharge basins; iv.

Included as a part of the management of City’s Surface Water as described above, (g) i.

11. iii.
iv.
(h) The benefits resulting from Transfers shall be allocated in accordance with this subsection. For purposes of this Section 4, “benefits” of a Transfer include, without limitation:

1. ii. Water returned as a result of a Transfer, and
iii.
8 District shall diligently pursue Transfers of any of City’s Friant Supply that City advises District that City will not require during a particular Water Year (“Temporarily Unused Friant Water”).

Water supply storage or conveyance capacities made available as a result of a Transfer.

Implementing conjunctive-use water management strategies to comply with the SGMA that directly benefit City’s water users and ratepayers and indirectly benefit groundwater users in the North Kings Subbasin.

City shall not be prohibited from unilaterally pursuing Transfers of Temporarily Unused Friant Water; provided, that any such Transfers shall first be discussed and coordinated with District before they are implemented and shall not be undertaken over District’s reasonable objection and the benefits of any such Transfer shall be allocated in accordance with subsections (h), (i) and (j) below.

The difference between all costs incurred in connection with a Transfer and the amount(s) received as a result of the Transfer, Upon identifying a potential Transfer opportunity, and prior to executing the Transfer, District shall notify City of the potential Transfer opportunity, and the water quantity, unit price, delivery dates and terms, and any other material matters associated with the Transfer. This is a notification procedure and not an approval procedure.

For avoidance of doubt, District’s obligations under this Section 4(g) are limited to making reasonable and diligent efforts to pursue Transfers of Temporarily Unused Friant Water, and City acknowledges that no assurances can be provided by District that such Transfers can be made or arranged.

All Transfers of Temporarily Unused Friant Water pursued by District shall be in full conformance with City’s water supply goals as described in Section 4(f) or otherwise agreed by City and District, and shall be limited to supporting Agricultural Use rather than urban growth or development in other jurisdictions.

To the extent benefits include payments, City shall be reimbursed for its actual and reasonable out of pocket expenses incurred for City’s Friant Supply involved in the Transfer, (i) To the extent benefits of a Transfer consist of water supplies, water supply storage G) For each Transfer that generates net revenue, City and District agree that the net revenue shall be distributed and used as follows:
i.
ii.
in. 50-percent off the net revenue shall be deposited into a Water Supply Development Fund to be used to finance water supply development programs and projects that mutually-benefit City and District. and each of the parties shall next be reimbursed for any actual and reasonable out of pocket expenses incurred in connection with the Transfer. The net revenue associated with a Transfer shall be the revenue remaining after all parties have been reimbursed their actual and reasonable expenses incurred for the Transfer.
or conveyance capacities, the allocation of such benefits as between the parties shall be negotiated by the parties before the Transfer is implemented. In the event the parties cannot negotiate such allocation, the Transfer shall not be pursued. 25-percent of the net revenue shall be deposited with City’s water enterprise fund;
25-percent of the net revenue shall be deposited with District for the inspection, operations, maintenance and repair of the District’s Conveyance System, which City acknowledges provides a benefit to City ratepayers;
The Water Supply Development Fund shall be a restricted-use fund to be used exclusively for water supply programs and projects that improve water supply availability, reliability and drought resiliency for both District and City. Programs and projects that may be financed from the Water Supply Development Fund include, but are not limited to, water supply purchases, transfers, and exchanges; groundwater storage; and groundwater recharge.

Expenditures for water supply purchases, transfers, and exchanges may include any carryover charges and conveyance charges that may be assessed by the State of California, the United States, or other agency, to store, transport and deliver surface water, for the mutual benefit of City and District, using state or federal storage and conveyance facilities.

Prior to encumbering funds from the Water Supply Development Fund, District and City shall mutually agree in writing on the recommended expenditure and the amount to be financed with the Water Supply Development Fund.

The Water Supply Development Fund may receive contributions from City, District, and other public agencies approved by both City and District. The Water Supply Development Fund may not receive contributions from private persons, companies, businesses, or organizations.

District shall serve as the fiscal agent for the Water Supply Development Fund and implement generally accepted public agency or governmental accounting practices in managing the fund assets. District shall subject the fund to an annual audit by independent auditors during the course of District’s annual audit of its financial statements. The audit shall 9 By the 25th (k) day of each month, District shall provide City with a written summary Water Made Available to City.5.
(a) Subject to all other provisions of this Agreement, District shall deliver to City (b) City’s Surface Water shall be deemed delivered to City when it reaches the Point (c) The parties acknowledge that there may be times when the City Water System is 10 of Delivery specified in the applicable schedule provided and approved under Section 8 of this Agreement, provided that for deliveries made via the District Water System, District shall thereafter convey such water to the points on the District Water System where City will assume physical control of the delivered water.
of District’s utilization of City’s Friant Supply for the previous month in substantially the form attached hereto as Exhibit A. The written summary will identify water volumes delivered to recharge basins, surface water treatment facilities, other Points of Delivery designated by City, and Transfers. The written summary may be delivered to City by email, facsimile or U.S. mail.

For Transfers, the monthly report shall include information regarding the parties involved in the Transfer, the water quantity, unit price, delivery dates and terms, and any other material matters associated with the Transfer.
undergoing routine or emergency repairs and maintenance, or subject to other conditions, that preclude City from accepting deliveries under this Agreement. Similarly, the parties during each applicable Water Year, for distribution and use by City within City’s Water Service Area, each day of each year on a continuous basis in accordance with Section 8 of this Agreement, the City’s Surface Water available during relevant Water Year(s) that can be diverted by District at the headworks of the Gould Canal, the Fresno Canal or the Friant-Kern Canal Raw Water Pipeline. City acknowledges that the water delivered may not be City’s Surface Water, but rather other water controlled by District in the District Water System of similar quality and equal quantity, including without limitation water recovered from water banks, other water for which City’s Surface Water is exchanged, and/or water purchased by District for delivery to City at District’s cost, and that references in this Agreement to deliveries of City’s Surface Water shall include deliveries thereof of a substitute supply by means of one or more exchanges, transfers, purchases or combinations thereof. At all times, District shall have the right to exchange and to convey for City in place thereof other water of similar quality and equal quantity (except sewer effluent or industrial wastes) available to District. be conducted in accordance with the generally accepted auditing standards by the independent certified public accountant auditing District’s financial statements. Upon presentation of District’s comprehensive audit report to the District Board of Directors, District shall provide City with a copy of District’s audit report. At any time during the term of this Agreement, City may, at its own cost, request to review and audit the financial and accounting records associated with the Water Supply Development Fund. District shall have 30 working days to submit the requested records to City for review and audit.

In the event this Agreement terminates and uncommitted amounts remain in the Water Supply Development Fund, one half of all such amounts shall be promptly distributed free of any restrictions to each of the parties.
(d) Water delivered to City under this Agreement shall be used by City within City’s (e) District has entered into this Agreement with the understanding that it is, and will i.
ii.
iii.

Obtain a perpetual surface water supply allocation, right, entitlement or similar from District, or other surface water supply agency, to meet the peak water demands, plus fire protection demands, at build out conditions; and continue to be, City’s policy to (i) require urban growth to occur sequentially in designated growth areas around City, (ii) promote infill development with City’s existing boundaries and (iii) facilitate the successful implementation of SGMA within the groundwater basin shared by City and District by conditioning land use and annexation decisions on the existence of an available water supply to support new development in annexed areas. Consistent with that understanding, for the term of this Agreement, as a condition of the provision of City water service, City shall require the proponent of any proposed development project located outside of City’s Water Service Area boundary as of the date of this Agreement to:
acknowledge that there may be times when the District Water System is undergoing routine or emergency repairs and maintenance, or subject to other conditions, that preclude District from delivering water to City under this Agreement. The parties shall cooperate with the other to minimize the impacts of such events, but neither shall be in breach of this Agreement as a result thereof.

Dedicate, transfer or assign the perpetual surface water supply allocation, right, entitlement or similar to City.

Water Service Area only for Municipal, Industrial and Domestic Uses, Agricultural Uses incidental thereto, and within the boundaries of District for recharge of the underground water supply by percolation.

Define the peak water demands, plus fire protection demands, required to meet the total water supply demands of the entire project at build-out conditions;
However, this provision shall not prevent City from entering into separate agreements with any other entity which may have a similar agreement with District for the distribution and use of water received from District under such agreements, provided such separate agreements are entered into with the written consent of District first had and obtained and are subject to all the terms and conditions of this Agreement and District’s agreements with such other entities.

Once the perpetual water supply has been dedicated, transferred, or assigned to City, the water supply shall be incorporated into City’s Surface Water managed by District for City under this Agreement.

City shall not sell, transfer, deliver or exchange any surface water or groundwater to or with any other person or entity without written consent of District first had and obtained.

In addition, to improve, restore, and maintain the availability, reliability, and drought resiliency of the groundwater and surface water resources in the North Kings Subbasin, 11 (0 In furtherance of the parties’ goals under this Agreement, City shall utilize City’s

6. Raw Water Pipelines. As soon as reasonably practicable, City shall construct, at its sole

7. City’s Friant Supply. While this Agreement is in effect, City (i) shall not convey any

8. Schedules of Delivery and Conveyance of Water.
(a) District shall deliver City’s Surface Water to City in accordance with schedules 12 provided from time to time by City for approval by District, which approval shall not be unreasonably withheld, delayed or conditioned. Such schedules shall set forth the amounts of water desired by City, the desired timing of deliveries, the facilities by which such water is to be delivered, and the point(s) on the District Water System where City will assume physical control of the delivered water. Deliveries of water by District will take into consideration all relevant City and District shall jointly advocate that all public water supply systems in the North Kings Subbasin should require the proponents of new development projects to obtain perpetual surface water supply rights, allocations, entitlements, and similar, in sufficient quantity, to meet the all demands at full build out.
interest in the City Bureau Contract to any party other than District, (ii) shall at all times maintain the City Bureau Contract in effect and (ii) shall not voluntarily decrease the quantity of City’s Friant Supply to be made available to City thereunder without the written consent of District. City will use every effort to obtain its maximum entitlement to City’s Friant Supply annually as it may become available, and will seek to maximize any other surface water opportunities that may be available to City via the Friant Division of the Central Valley Project.

Nothing in this Agreement conveys any ownership interest in the City Bureau Contract to District, which shall at all times remain the sole property of City, nor does this Agreement convey any interest in the District Bureau Contract to City, which shall at all times remain the sole property of District.

Friant Supply to provide water to the City’s SWTF served by the South Raw Water Pipeline (as defined below) for the purpose of serving the Excluded Area. cost and expense, two raw water pipelines to serve City’s SWTFs (the “Raw Water Pipelines”).

One Raw Water Pipeline shall be a direct connection from the Friant-Kern Canal to City’s SWTF located at Mile Point 7.58 (the “Friant-Kern Canal Raw Water Pipeline”). The other Raw Water Pipeline shall be a direct connection from the Fresno Canal downstream of the headworks for such canal to City’s SWTF located at Trimmer Spring Road (the “South Raw Water Pipeline”). City’s T3 SWTF shall continue to be served by the Enterprise and Jefferson Canals that are a part of the District Water System. Once operational, the Raw Water Pipelines shall be used to convey portions of City’s Surface Water directly to the SWTFs, and all costs of the operation, maintenance, repair and replacement of the Raw Water Pipelines shall be borne by City; provided, that District shall be entitled to utilize for its own purposes any capacity in the Raw Water Pipelines not required to deliver City’s Surface Water, and District shall reimburse City upon demand for any operational costs incurred as a result of District’s use of the Raw Water Pipelines. Any third-party property damages resulting from City’s efforts and activities related to the operation, maintenance, repair, and replacement of the Raw Water Pipelines shall be received and processed by City in accordance with City’s Risk Management policies and procedures.
(b) All schedules submitted by City during each Water Year shall provide for the

9. Conveyance Losses. City shall bear all losses incurred in the District Water System

10. Use by District of Water Not Used by City.
(a) Except for Rescheduled Water, in the event City is unable to use or does not use (b) Except for Rescheduled Water, in the event City is unable to use or does not use 13 delivery during that Water Year of all of City’s Surface Water that becomes available to City during that Water Year. Notwithstanding the foregoing, City may schedule up to 10,000 acre feet of City’s Surface Water that becomes available to City during one Water Year for delivery in the succeeding Water Year (“Rescheduled Water”). City shall timely pay in full all costs imposed by third parties, including without limitation the United States Bureau of Reclamation, as the result of any Rescheduled Water requests or deliveries. any of City’s Kings River Supply in any Water Year, City shall lose the right to receive such water, and District shall have the right to take and use such water for Agricultural Use in such manner as it may determine.
factors, including without limitation (i) the capacity and condition the applicable portions of the District Water System, (ii) City’s Bureau Contract, (iii) the District Bureau Contract, (iv) the Kings River Agreements, (v) actual and anticipated water supply conditions, (vi) the requirements of other contracts between the District and third parties (including without limitation the City of Clovis and Fresno County Waterworks District No. 19) and (vii) all other factors pertaining to the distribution, apportionment and use of water available to District. downstream of the applicable Point of Delivery; provided, that no such losses shall be assessed against City when District is delivering irrigation water to its landowners or water users via the portions of the District Water System used to convey City’s Surface Water to the points on the District Water System where City will assume physical control of the delivered water.

Conveyance losses chargeable to City shall be computed by multiplying the losses in that portion of any canal used for conveyance of City’s Surface Water during the period such water is being so conveyed by the total amount of water being conveyed for City in that canal during such time, divided by the total amount of water flowing in that portion of that canal during the same period. any part of City’s Friant Supply and District reasonably concludes that it cannot effect a Transfer for all of such unused water as Temporarily Unused Friant Water as described in Section 4(g), City shall nevertheless take and pay for such unused water and District shall have the right to use such water for Agricultural Use, but City may require District to so use such water at such locations as City may direct; provided, however, in the event City does not direct the location at which said water shall be used in time that it may be so used or in the event the District Water System will not permit the conveyance of such water to such location when so directed, or if for any other reason the conveyance of such water to such location at that time is not feasible or practicable, District shall have the right to use such water upon the same conditions as are provided in Section 10(a). Such use of any such water by District shall not relieve City from any payments required to be made by it under the City Bureau Contract or under the terms of this Agreement and its use by District shall not require any payment from District to City.
(c) Except for Rescheduled Water, in the event City is unable to use or does not use

11. Water Rights Not Transferred. As was the case under the 1976 Agreement, City

12. City’s Sewage Effluent. City shall retain its sewage effluent and recycled water within Acreages and City’s Kings River Supply.13.
(a) City’s Water Service Area consists of Included Acres and Excluded Acres, and on (b) City’s Kings River Supply shall be the herein-contracted for percentage of 14 District’s Kings River Water Supply. Such percentage shall be based on the ratio of Included Acres within City’s Water Service Area to the total acres within District’s boundaries. In computing the acreage within the Included Acres, the entire acreage shall be measured including properties that may be exempt from assessment for taxation and including adjacent streets, an annual basis City and District shall prepare a map showing the total number of acres in each area as of the first day of March of each year. When so approved, said map shall be incorporated herein by reference as Exhibit B and shall become a part hereof. Said map shall be amended and reapproved by both parties as of the first day of March each year and added to this Agreement as an updated Exhibit B. However, City shall keep the District currently advised during the year of any new lands outside of City’s Water Service Area to which it commences or consents to deliver water, and District shall keep City so advised as to any new lands designated or assessed by it as lands receiving or to receive District Water Service. When so amended and reapproved as of the first day of March of each year, said map shall conclusively establish the boundaries of and the acreage in each area for all purposes of this Agreement. any of City’s Surface Water that is neither City’s Kings River Supply or City’s Friant Supply in any Water Year, City shall lose the right to receive such water, and District shall have the right to take and use such water for Agricultural Use in such manner as it may determine. In such event, insofar as the District Water System will permit, and insofar as otherwise may be practicable and equitable as to other landowners, District will use such water for irrigation or percolation in areas in City or east or northeast of City, and will discuss its use with City before it is used elsewhere. However, the ultimate decision concerning such use of such water shall be within the discretion of District.
the boundaries of District for the term of this Agreement, except with the written consent of District first had and obtained. It is the intent of City and District to develop and execute a new agreement addressing such effluent and recycled water use, and this Agreement is to be interpreted so as to be consistent with such new agreement if and when it is executed by the parties.
acknowledges that its rights to City’s Kings River Supply under this Agreement are contractual rights and not water rights. Nothing in this Agreement authorizes or shall be construed or deemed to constitute the sale or transfer of a water right from either party to the other and nothing in this Agreement shall constitute the dedication by either party of water or storage to a public use. No right in any water, storage right or water right owned by District or City shall be acquired or lost by virtue of this Agreement or the actions contemplated hereby. At no time shall City make any claim, assert any right or otherwise seek, confirm or perfect in any forum any legal or beneficial interest, right or title to any of District’s water supply or storage rights except as expressly set forth herein.
(c) Notwithstanding any other provision of this Agreement, and notwithstanding (d) To improve, restore, and maintain the availability, reliability, and drought

14. Payment by City to District. In consideration of the water supplies and services provided (a) The sum calculated by multiplying the number of Included Acres by the per acre 15 assessment imposed as of March 1 of that Water Year on lands in District receiving District Water Service, plus the sum calculated by multiplying the number of Excluded Acres by the per acre assessment imposed as of March 1 of that Water Year on lands in District not receiving District Water Service. Amounts payable to District pursuant to this Section 14(a) shall be paid by City 60% on or before the 20th day of December preceding the Water Year for which such by District to City under this Agreement, City shall pay to District each Water Year in which this Agreement is effective the following:
increases in the Included Acres, City’s Kings River Supply shall be limited to 29.00 percent of District’s Kings River Supply. At such time when the ratio of Included Acres within City’s Water Service Area to the total acres within District equals 29.00 percent, City’s Kings River Supply shall remain fixed at 29.00 percent. City and District mutually agree that the increase percentages reflected in this Section 13 include allowances for moderate growth in Growth Area 1 of City’s Sphere of Influence as shown in Exhibit C (as depicted as Figure IM-2 of the Fresno General Plan).
resiliency of the groundwater and surface water resources in the North Kings Subbasin, District shall support, and to the extent it has the legal authority to do so shall require, the establishment of water supply limits on all municipal water systems in the North Kings Subbasin. alleys, roads, highways and other public ways to the center lines thereof. As of the execution of Agreement, and based on the land area sizes defined above, City’s Kings River Supply is 25.54 percent of the District’s Kings River Supply.

Should the District enter into such a water utilization and conveyance agreement with another municipality in the Kings River Subbasin after the date of this Agreement that makes available a percentage of District’s Kings River Supply to such municipality determined in a manner that is not similar and comparable to that applied to City in this Agreement, at City’s request the parties shall negotiate in good faith an adjustment in City’s Kings River Supply to apply the same methodology used, and provide the same percentage increase, as granted to the other municipality; provided, that to the extent such other municipality provides additional consideration to District for such different methodology, City shall provide comparable consideration if it requests that such different methodology be used for this Agreement. Any disputes arising as a result of such negotiation shall be resolved pursuant to Section 19.

District acknowledges that it may enter into surface water utilization and conveyance agreements similar to this one with other municipalities in the Kings Subbasin that provide for the delivery of portions of District’s Kings River Supply. Subject to the following paragraph of this Agreement, all such agreements entered into after the date of this Agreement shall provide that the percentage of District’s Kings River Supply made available to the municipality entering into such agreement shall be determined in a manner similar and comparable to that applied to City in this Agreement.
(b) An out of season water delivery fee determined in accordance with the procedure (c) A rescheduling fee for each acre foot of Rescheduled Water determined in (d) While this Agreement is in effect, District shall not impose District assessments (e) Time shall be of the essence for the making of the payments described in this City acknowledges and agrees that the amounts payable by City pursuant to this (f) 16 Section 14 will vary from year to year and may increase over time. City further acknowledges that, while some of such amounts will be determined with reference to District assessments on its landowners, no amounts payable by City under this Agreement are assessments on City’s Section 14. If any such payment is not made on the date provided, City shall pay to District in addition to said payment costs, penalties and interest equal to those provided by law to be paid by landowners within District for the late payment of assessments. Such costs, penalties and interest are in addition to any other remedy which District may have against City because of City’s failure to pay said payment as above provided.
described in the attached Exhibit D for each acre foot of water delivered to City under this Agreement as an Out of Season Delivery (the “Water Delivery Fee”). The Water Delivery Fee shall be payable within 30 days after District delivers City an invoice for such fee indicating the amount of water delivered during the invoice period and the total Water Delivery Fee due. City acknowledges that such fee is in part to compensate District for additional costs and risks incurred for operating its system to make Out of Season Deliveries. No such fee shall be due for water deliveries to City under this Agreement that are not Out of Season Deliveries. or other charges on landowners within City’s Water Service Area or adopt special “municipal and industrial” assessments, rates or charges that would be imposed on or as a result of water deliveries to City under this Agreement. Only the amounts described in this Agreement shall be imposed on any party as a result of deliveries of City’s Surface Water by District to City. amounts are due, and the remaining 40% shall be paid on or before the 20th day of June of the following Water Year. City and District acknowledge that during the term of this Agreement, District may convert its rate structure to include a volumetric charge. Concurrently with such a rate structure modification, the parties shall negotiate modifications to this Section 14 so that charges imposed on City under the revised District rate structure are equitable and comparable in proportion and magnitude to the charges imposed on other District customers receiving water for Agricultural Use. Without limiting the foregoing, any volumetric charges imposed on City shall be determined in the same manner as volumetric charges imposed on other District customers receiving water for Agricultural Use.
accordance with the procedure described in the attached Exhibit E (the “Rescheduling Fee”).

The Rescheduling Fee shall be payable annually after March 1 of each Water Year within 30 days after District delivers City an invoice for such fee indicating the amount of Rescheduled Water for the applicable Water Year and the total Rescheduling Fee due. City acknowledges that the Rescheduling Fee is necessary to compensate District for additional costs and risks incurred to reschedule water for City from one Water Year to the succeeding Water Year. The Rescheduled Water Fee shall not be applied to any of City’s Friant Supply carried over in Millerton Lake, as the Bureau has established a separate fee schedule for City to reschedule City’s Friant Water Supply from one Water Year to the succeeding Water Year.

Re-negotiations. City and District acknowledge that changed circumstances in the future i.
ii.

Such changed circumstances could result from, among other causes:
i. Annexations or detachments from City and/or District; ii. Updates in City’s Urban Water Management Plan or the Fresno General Plan; iii.
iv.
17 Result in material changes in the size of City’s Water Service Area, the number of Excluded Acres and/or the number of Included Acres, and/or landowners. City further agrees that, as they relate to City, such amounts will be imposed as a matter of contract and are not assessments, fees or charges to which Article XIIID of the California Constitution applies. City shall be permitted to participate in public hearings and meetings held in connection with rate-setting, but City shall not assert that Article XIIID of the California Constitution applies to payments required under this Agreement. If City makes such an assertion, this Agreement may be terminated by District in its entirety as of the last day of February of the next succeeding year by written notice served upon City. City shall be responsible to set its rates to its utility users in accordance with applicable law, and shall indemnify and defend District against any claims or legal actions commenced by City’s water users or ratepayers to challenge the amounts payable by or to City.

Render the amount of City’s Kings River Supply as an increasing percentage of District’s Kings River Water Supply inequitable.

15. may:

Significant regional economic development projects that require the extension of the City Water System outside of City’s Water Service Area. Significant regional economic development projects shall be those that qualify for federal, state, county, or local economic development incentives; or New legal, regulatory, or environmental requirements placed on water supply agencies by a state or federal government agency.

The parties shall thereupon meet in good faith in an attempt to reach agreement on such changes; provided, that if no such agreement is reached within 180 days of the initial meeting, neither party shall be obligated to continue such meetings.

The number of Excluded Acres, the number of Included Acres and City’s Kings River Supply shall remain unchanged pending agreement on the changes, and therein documented by a written amendment to this Agreement and executed by both parties.

Should either party to this Agreement determine after January 1, 2036 that such changed circumstances have arisen, it may notify the other of such determination and request that the parties meet to discuss mutually acceptable changes in the number of Excluded Acres, the number of Included Acres and/or the percentage used to determine City’s Kings River Supply.

Neither party shall be required to engage in such discussions prior to January 1,2036.

16. Protection of District Facilities. City shall not permit the development of any parcel of

17. No Warranty of Quality. City recognizes that City’s Surface Water will be “raw,” non18. Indemnity. City and District each agree to indemnify the other and save the other free

19. Dispute Resolution.
(a) District and City staff shall exercise every effort to resolve disputes through the development of a consensus.
(b) To the extent District and City staff cannot promptly resolve an issue in dispute; 18 and harmless of and from any and all liability, damage, loss, cost or expense, incurred or suffered by the other, by reason of damage to the property of the other or injury to any other person or property arising out of its own conduct, acts, omissions or faults, in connection with any matter related to this contract.
potable and untreated, and that the amount of water included in City’s Surface Water will vary from year to year due to a variety of factors beyond the control of District. City further recognizes that wastewater (both treated and untreated) and drainage water are sometimes discharged into the District’s canals, and that such discharges from a number or sources will occur and/or continue during the term of this Agreement. Accordingly, except as expressly set forth in this Agreement, District makes no representations or warranties regarding the quality of the water or the amount of water to be delivered to City each Water Year. City recognizes that the treatment of City’s Surface Water to make it potable shall be the sole responsibility of City, and City shall assume all risk and responsibility therefor. The character or quality of the water furnished or conveyed hereunder may vary from time to time for reasons including, but not restricted to, the application by District of chemicals to control aquatic and ditch bank weeds, and the open canals of District are always subject to possible pollution from outside sources.

District does not guarantee in any respect or assume any responsibility for the chemical, bacterial or other quality of the water made available to City through the District Water System. the parties shall promptly convene a meeting of senior party representatives to attempt to resolve the dispute. Either party may request a dispute resolution meeting pursuant to this section by providing written notice to the other party, including a summary of the issue in dispute. District representatives shall be its Board chair or president and another Board member. City representatives shall be the Mayor and City Council President. These senior party representatives shall make reasonable efforts to meet as frequently and as promptly as possible to negotiate the terms and conditions of a resolution. If these party representatives are unable to resolve the dispute through this informal process within a reasonable period, either party may pursue any remedy it may have under law or equity.
land or the use of any public utility or other easements affecting land within its boundaries if any of the District Water System is located on, under or adjacent to such parcel until City, the landowner and/or the developer enters into an agreement acceptable to District for the repair, rehabilitation, relocation, replacement, reconfiguration or pipelining of the facilities on the parcel, and on any adjacent parcels, all as District determines is necessary or appropriate in order to (i) avoid disruption of District operations or maintenance activities as a result of the development, (ii) make District facilities suitable for operation within a developed area, or (iii) address public safety concerns.
(c) The dispute resolution process described above shall be limited to material (d) In cases where a dispute arises between the parties that, if unresolved, may result

20. Defense of Agreement. In the event of litigation this Agreement, the parties shall

21. No New Agency. This Agreement is not intended to create a new joint powers authority

22. Approvals. Except as expressly provided in this Agreement, compliance with all

23. Entire Agreement. This Agreement and each of the exhibits referred to herein, which are

24. Applicable Law. This Agreement shall be construed under and shall be governed by the

25. Construction of Agreement. This Agreement is the product of negotiation and 19 disputes regarding matters related to Transfers, expenditures from the Water Supply Development Fund, changes in City’s Kings River Supply, revisions of this Agreement pursuant to Section 13(d), City’s Friant Supply, changes proposed for Exhibits B or C, calculation procedures for fees for Out Of Season Deliveries and Rescheduling Fees, and similar matters. cooperate to provide a joint defense of the litigation. Each party shall bear its own costs of such litigation, including attorneys’ fees and expert witness fees. legal/regulatory requirements and governmental or other third party restrictions on the use or delivery of City’s Surface Water to it City water users shall be the responsibility of City. District shall be excused from delivering any water supply under this Agreement if, by so doing, District would become subject to additional legal requirements or third party restrictions imposed on deliveries of water to City’s water users.
in imminent danger to the public, health, safety or welfare, the parties shall not be obligated to engage in dispute resolution pursuant to this Section 19. laws of the State of California. Any action to interpret or enforce any aspect of this Agreement shall be brought in the California Superior Court of Fresno County, California. City and District hereby expressly waive any right to remove any action to a county other than Fresno County as permitted pursuant to California Code of Civil Procedure Section 394. preparation by and among each party hereto and its attorneys, and the parties agree that this Agreement shall not be deemed to have been prepared or drafted by any one party. Accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. incorporated by this reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements and/or obligations concerning these obligations which are merged into this Agreement. Each party has made its own independent investigation of the matters settled and is not relying upon any representation not specified herein.
or other entity. Each party shall conduct itself under this Agreement in good faith, using its diligent best efforts to comply with this Agreement and to achieve the objectives of the parties set forth herein. Each party shall make its personnel and resources reasonably available as required to achieve the purposes of this Agreement.

26. Modification of Agreement. No supplement, modification, waiver, or amendment with

27. Counterparts. This Agreement may be signed in any number of counterparts by the

28. Further Acts. The parties shall reasonably cooperate with each and take such further

29. Binding Effect. This Agreement shall be of binding legal effect only when it has been

30. Notice to Parties. Any notice or other communication given under the terms of this

31. Attorneys' Fees. In the event of any action or arbitration between the parties seeking

32. Cumulative Rights; Waiver. No failure by any party to exercise, and no delay in 20 exercising any rights, shall be construed or deemed to be a waiver thereof, nor shall any single or partial exercise by any party preclude any other or future exercise thereof or the exercise of any other right. Any waiver of any provision or of any breach of any provision of this Agreement Fresno Irrigation District
2907 S Maple Avenue
Fresno, CA 93725
Attn: General Manager
Facsimile No.: 559-233-8227
parties, each of which shall be deemed to be an original, and all of which together shall be deemed one and the same instrument. Facsimile or other electronic signatures shall be binding. enforcement or interpretation of any of the terms and conditions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, but not limited to, taxable costs and reasonable attorneys' fees.
executed by all of the parties. No rights or duties under this Agreement may be assigned or delegated by a party without the express written consent of the other party, which may be withheld in the sole and absolute discretion of such other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties.
respect to this Agreement shall be binding unless executed in writing by the party against whom enforcement of such supplement, modification, waiver or amendment is sought.

Agreement shall be in writing and shall be given personally, by facsimile or by certified mail, postage prepaid and return receipt requested. Any notice shall be delivered or addressed to the parties at the addresses or facsimile numbers set forth below or at such other address or facsimile numbers as shall be designated by notice in writing in accordance with the terms of this Agreement. The date of receipt of the notice shall be the date of actual personal service or facsimile transmission with written confirmation of successful transmission, or three days after the postmark on certified mail. All notices required under or regarding this Agreement shall be made in writing addressed as follows:
actions as may be necessary, including the execution of all necessary further documents, to carry out the purpose and intent of this Agreement. Each of the parties shall diligently and in good faith proceed to negotiate such other agreements as may be necessary to implement this Agreement.

City of Fresno
2600 Fresno Street
Fresno, CA, 93721
Attn: Director of Public Utilities
Facsimile No.: 559-498-1304

33. Severability. Subject to the parties’ rights under Section 2 of this Agreement, if any

34. No Third Party Beneficiaries. This Agreement does not create, and shall not be construed

35. Force Majeure. Notwithstanding any other provision of this Agreement, neither party //
21 to create, any rights enforceable by any person, partnership, corporationjoint venture, limited liability company, district or other form of organization or association of any kind that is not a party. Without limiting the generality of the foregoing, landowners, residents, water users and ratepayers of the parties are not intended to be third party beneficiaries of this Agreement. provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be automatically reformed so as to be valid, legal and enforceable to the maximum extent permitted and the balance of this Agreement shall remain in full force and effect notwithstanding such invalidity, illegality or unenforceability. must be in writing, and any waiver by a party of any breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of that provision or of any breach of any other provision of this Agreement.
shall be liable for any failure to perform resulting from any cause outside the reasonable control of that party. For purposes of this Agreement, routine and emergency repairs and maintenance of the District Water System shall be deemed causes outside of the reasonable control of District (including without limitation the annual shut down of the Enterprise Canal for maintenance), provided that District shall use reasonable efforts to schedule routine maintenance so as to avoid interference with deliveries of City’s Surface Water.

District' 661 99 City” 66
The City of Fresno, a municipal corporation
By y:

Jacobsen, Presi
By U
ato, General Manager
ATTEST:

JQ2ee Secretary By:
228"*
/3-b/ ( By;
C2
uos /eeejAv, Dspuoy
ATTACHMENTS:

EXHIBITS
22 APPROVED AS TO FORM:

City Attorney, Douglas Sloan
The Fresno Irrigation District, a California
irrigation district
Exhibit A - Monthly Water Supply Utilization Report
Exhibit B - City Water Service Area Map
Exhibit C - Fresno General Plan Map
Exhibit D - Out of Season Delivery Cost Methodology
Exhibit E - Rescheduled Water Cost Methodology
ATTEST:

Yvonne Spence, CMC
City Clerk
—---6< 2.2*1—
Ashley Swearengin, Mayor
(000.
"Bruce Rudd, City Manager
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first above written.

By
Gary R.

EXHIBIT A

EXHIBIT A

OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
I
msnmmsoarsmmazonmnamn xurrTuS wytrsosameamparstxsseatmtnetaosssu

YEAR TO
DATE

FMFCD BASINS

IN FRESNO
Basin A
Basin AB
Basin AC
Basin AD
Basin AE
Basin AF
Basin AG
Basin AH
Basin AJ
Basin AL
Basin AO
Basin AW2
Basin AZ
Basin BE
Basin BF
Basin BH
Basin BM
Basin BO
Basin BQ
Basin BU
Basin BV
Basin BW
Basin BZ
Basin CC
Basin CL
Basin CM
Basin CN
Basin CO2
Basin CS
Basin CW
Basin CX
Basin CY
Basin CZ
Basin DD
Basin DH
Basin EE
Basin EF
Basin EG

CITY OF FRESNO FMFCD BASINS
MONTHLY REPORT (AC.FT.)
2015-2016

OCT NOV DEC FEB MAR MAY JUN JUL AUGJAN APR SEP
reaoypwroeastenamenyrrAeTORAMaTZsiTR@TsstNWRASTOhOMntC

YEAR TO
DATE

CITY OF FRESNO FMFCD BASINS
MONTHLY REPORT (AC.FT.)
2015-2016

FMFCD BASINS

IN FRESNO
Basin EL
Basin EM
Basin FF
Basin GG
Basin HH
Basin Hl
Basin H2
Basin J
Basin JJ
Basin K
Basin KK
Basin L
Basin LL
Basin MM
Basin N
Basin O
Basin OO
Basin P
Basin R
Basin RR1
Basin RR2
Basin RR3
Basin S
Basin T
Basin TT
Basin U
Basin UU2
Basin UU3
Basin Y
Basin Z
Basin ZZ
Fresno's FMFCD Total

OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP

YEAR TO
DATE
Copper River Country Club total is the amount exceeding the Phillips Ditch entitlement of 77 ac ft per month (during FID's irrigation season).

Basin BF Water comes from Chestnut Ave. Basin
Fresno’s Total Recharge
Fresno's SWTP N/E & T-3
Fresno’s Total Usage

CITY OF FRESNO RECHARGE
MONTHLY REPORT (AC.FT.)
2015-2016

OTHER FRESNO

RECHARGE
Leaky Acres
Woodward Park
Copper River Country
Club
Big Dry Detention
Fancher Basin (South)
Chestnut Ave. Basin
North Central Basin
Kearney Basin
Big Dry Creek West of
Winery Ave.

Delivery System
Recharge Fresno

EXHIBITS
§
Central
5 C
C.

Gettysburg
Ashlan
Dakota
Shields
Clinton
McKinley
Olive
Ji Belmont
Tulare
Kings Canyon
Butler
California
Church
Jensen
Annadale
Church
Jensen L.

Dakota
Shields "I
Clinton
McKinley
Olive
Belmont
Nielsen
Whites Bridge
I
Kearney
California 1
IB1 Alluvial
Herndon
Sierra
Bullard L 1
Barstow
t
Shaw
Gettysburg U
Ashlan
Copper
International
Behymer
Perrin
Shepherd
Teague
Nees
Alluvial
Herndon
Sierra
Bullard
Annadale
North
Fresno-Clovis
Regional Wastewater
Reclamation Facility
I
Legend
Municipal Corporate Limits
‘County Islands are considered to be
inside City Limits in reference to
sequencing of development.

I FID Fresno Irrigation District Excluded Acres
County Islands December 13, 2016
7— 2
c9
Miles
0 0.5 1 2 3
"The City's Water Service Area consists
of Included Acres and Excluded Acres,
and on an annual basis City and District
shall revised this Exhibit B map to show
the total number of acres in each area
as of the first day of March of each year."
City of Fresno
Water Service Area Boundary
Exhibit "B”
E § Malaga
LU
American
8 o
SUSERS PET2016 Thomas EsquedaWater Service Areas MapWWa (01
LU
Co
-
C
o
Q
Q
re
2 g
Thompson
McCall
Highland
Leonard
De Wolf
Locan
Temperance
Armstrong
I Fowler
pisKuuns
/
j
Brawley
Valentine
C
I
1 GrantlandBryan
Hayes
Polk
Cornelia
£
HughesWest
Marks
uin
Valentine
Brawley
Blythe
Cornelia
Polk
Hayes
Bryan
Grantland
Garfield
8()
9 SunnysideFowler
ArmstrongTemperanceLocan
De WolfLeonard
HighlandThompson
McCall
Clovis
Minnewawa
/
-r Peach
“1
■
I
\ I
y Fresno
4 Blackstone 1
Maroa
-! Palm
Fruit
- West
1 Van Ness
case
9 %
(
I
I
E
(
Marks
F5
ChestnutWillow
Peach
Minnewawa
Clovis

EXHIBIT C
U. 5.

GETTYSBURG
3 ASHLAN AVE ASHLAN AVE 5.
. %
---- 2s DAKOTA AVE

SHIELOS SHIELDS AVE
a

CLINTON AVE L CLINTON AVE
E UwB.. S “ r MCKINLEY
s
I V
□ ! I A

OLIVE AVE
“L BELMONT
J
2 *
%
i f
&
i
GA
i
4 [

2.8i P
4, : L --r=- -.J 1
I © ... WHITESBRIDGE AVE a

KEARNEY BLVD
04 AVE
...AE..S. r 1
3 L
O r
Fresno-Clovis
Regional Wastewater
Reciamation Facility (RWRF)
jjn
i U
rl

HERNDON AVE
oNADEN

BULLARD AVE
—/
s %6 2
GETTYSBURG AVE 3

ASHLAN AVE
A. SHIELDS AVE_;
Fresno Yosemite
5 MCKINLEY AVE
! p.‘0 "LAVE
BELMONT AVE -Th

TULARE AVE
5“ %
2 8

KINGS RO
LANE -5u
t

BUTLER AVE
C %---%
3 Ta (~i-udR7 J J
Loss" =A 1 --- O
“s. LY *s ;
S'
3 !
o
L
I
I
I
International
Airport
canvon, RZ:
7 e @
00 0 6o” 9 S
c

TEAGUE AVE

NEES AVE
ALLMIAL 5
----- Planning Area
Sphere of Influence
City Limits
"County Islands are considered to be
inside City Limits in reference to
sequencing of development.
: County Islands
u
!
-— i
5 BULLARD AVE 8

BARSTOW AVE
Collfornic
State University
2 2
e PERRIN AVE
2 SHEPHERD AVE
OR
6 ..., BEHYMER AVE
, [...17...

EXHIBIT C
Growth Areas*
। i
Inside City Limits
Growth Area 1
COPPER AR... Growth Area 2
i
I
Figure IM-2:

Sequencing of Development
0 1/2 4
Source: City of Fresno, 2014.

Q
2 MILES

BLACKSTONE SAV

VAN NESS AVE
-__ MAROA AVE
F AVE
I
s
L.
t
[
3 1—I
CT

EXHIBIT D

EXHIBIT D
i.
iv.
ii.
iii.

The City will be responsible for paying the District for all costs associated with delivering water Out of Season Deliveries which will include but not limited to:

Staff time to deliver water (includes salary wage, labor burden and overhead.

Cost to operate vehicles to operate and inspect the canal system.

Power costs associated with running District’s SCADA/Telemetry system, automated gate valves, flow meters, automated trash screens, etc.

Repairs to the canals system which are caused by water running outside the normal irrigation season. Repairs may include but not limited to canal lining, gate replacement, structure replacement, earthwork (grading, dredging, etc.) weed treatment (aquatic or terrestrial), all-weather road maintenance, trash/debris removal, etc.

EXHIBIT E

EXHIBIT E
The Rescheduling Fee for each rescheduling request here under shall be equal to the last Friant carry over charge assessed for a water year prior to the date to the request.

V
...

RECORL
FRESI RFFexAFARRRgEs
I. PAST(37 La
2 4 1974 " L MASI NL, County Recorder $
AG 3
C. Tills agreement entered into this 20th day of June
s
1974. by and between FRESNO IRRIGATION DISTRICT, a public corporaCC tion (herein called "District"), and the n TY OF FRESNO, a municipal commoration (herein called § ETil:

WHER esno Irrigation District is the owner of water
r jits on the Kings River and a water distribution system for the distribution f irrigation waters for agricultural use within the District and has entered into contracts with the United States for )l ? mi storage in Pine V 7
of supplementing the water available for such use within the District and
WHEREAS, the City of Fresno is located entirely within the 0 c
the city limitswhich is used for the treatment,percolation. f
use; and
WHEREAS, the entire area represented by the District and by the City isa water deficient area and the District is in need 11 pot .9.3
3 $.2 4 5*
/

1. -13 Prtt. wit
4 !
purification, recycling and other disposition of liquid effluent from the City and intends to enlarge and improve said facilities and to produce by such treatment, percolation, purification and ' recycling,water which is of a quality suitable for agricultural s r.
*
exterior boundaries of the District and is the owner of a water distribution system used by City for delivering water to persons and lands both within and outside its City limits for municipal, industrial and domestic uses and is also the owner of a liquid waste treatment plant located within the District southwest of i.
' s .
s.
ri1
... . BETWEEN FRESNO IRRIGATION DISTRICT AND

CITY OF FRESNO' FOR EXCHANGE OF RECYCLED WATER
sac — ace
an additional supply of water from the Friant-Kern Canal and for storage in Pine Flat Reservoir on the Kings River for the purpose wrdn ' - ■ "f.. 27-
"City”);
*. » ' _ -t o f -add i t lona l w a ters* the and the City is in needmm— of additional water for municipal, .industrial and domestic uses; and *mstrc 1 ■■
JUN 2 A 10
k
To be recordesof Fresao tri
without fee on behalf
ation District Z x:
' /
?
r.
1 *. - ‘ w
$
- l. 152/. WHEREAS, the amount of water available to the District rub
for municipal, industrial and domestic uses may be increased by ! S04 J
—SM.702/ . ... portion of the District northeast of the City and ".M eigi it ‘,1 WHEREAS, City is desirous of maintaining a water level eaer 5 io
under its liquid waste treatment plant that will provide for Gin X T
maximum efficiency in the operation of its said plantand V. t se
WHEREAS a and more economical
utilization of all of
——rht ... to the City can be obtained by the use of such waters as herein $. all the landowners and inhabitants within the District and within the City to enter into such an agreement;

4. I

1. : SPAse 4" Ef" "a*.2. ns0
Board; Immediately upon the approval of this contract by the 4 2 a -.*s Ee : slid • j.'. , ■' " r. shall be presented to the • United " : J~. ■ - trebest 074 2
parties hereto, it States, and ' fi V . ' . ■■ ■ 1 .t; ■>,- .2... • . " 6. also to the California Regional Water Quality Control Board, or Ki
*is
This contract shall be at all times subject to all of the, ; 1.7 . ic? .. y.
■
5 terms and conditions of the City Bureau Contract the District - .2 .. t is •**./ * Pj.. U -94r -i ’
Bureau Contracts and the District Kings River Intra-Association P12.3

2. contracts or agreements4l :S6 tU"* )’ ■
In the event the performance of any agreement contained herein unenrorceaHieEONsMi
— " ’ ,'i;far
Ng
shall become
$
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it
2,
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e "e%bV IAH
f
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for agricultural use may be increased by the use of water recycled by the City as above described and the amount of water available to the City for use in its water distribution system selinviSlationSfa
—*r
. tt
, 4a 18—

1.3 (20275 " .. . ’ty. is contrary to or inconsistent With any term or condition of those.. ’Y17
P1it
$.1ie
/
g
’T
HA
its successor agency, for their approval and shall not become , ’ i S-wn .9.2.. t. ■ 1 effective for any purpose until such approval has been obtained ofany rede?T,"
0 . Mame
600x6316 32
V
-./ 3
provided and both parties believe it is in the best interests of _ 4 . ■ - pure ' . . )t . w
* ’
as,
s -wh
•..V • - 5s % : ' “ "
the exchange of such recycled water for the use by District of ■ t a .%winisie * . y ? ;
additional Kings River and/or Friant-Kern Canal water in that 20 Or AeA20/*4 5r. "s ’,8
Agreements and to the extent that any agreement contained herein. .52/—,aP4re/ i’% pllathw*/test NOW, THEREFORE, it is mutually agreed as follows: teeebleeal . . ' * Approval by United States and State Water Quality ■this contract shall be unenforceable. cokl,
"’"0rt ..... ’ ■■ 1. , rs..
c.: J .. t sat ai greater benericial.use. taamgrs.”suthtersasta ... Af the waters available to both the District and .pan " . . . . — T. ; aa
■ w
ty
800x6316 PAGe 33
State or local statute or ordinance or. of any decision of any A •
court of competent jurisdiction, the entire contract may be :a.
terminated by either party upon written notice mailed to the other party. st. 2S 1 «A

2. Definitions:
11 4
following words and phrases shall be defined as follows:
(a) "Agricultural use" means the use of water primarily in the production of agricultural crops, including the irrigation7 (1
of lands and underground .water replenishment
. thu, a ngo, i: : • ..
(b) "Recycled Water":'means water which has been treated t 7) and percolated into the underground water supply under the City's L hu A
r 6 AA. Admmp iri
J *
(c)
‘ wtsAT al
water service dated January 12, 1961
jaree; ’ — ssmlrere
contracts between the United States and Fresno Irrigation District k
more particularly described as follows;
f* Li i
r ' voir
A
NContract for Operation
Irrigation Storage Space of Pine Flat Reservoir 7Ys
December 23,1963.f100/at0/.z • ' e ty’smeyy : - i .
' dated
*
SowA
• 4. 5 a Conveyance and Covenants vin Compromise and Settlement of Fresno Slough Claims , dated April 23, 1965.. ■ etsstlemeaatlsentree Pr, 4 ■ .dated July 20, 1964..
(e)
means those
in Pine Flat Reservoir more particularly described as follows:
***i o5h w .. -,*x *, P. w.
*
7 3.1 Fi
s
ie W* se. f S
•WW
Ho,

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A. "
21 1
woae
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L’ A r "
012
is
— 4
4 ol*s
. sad- .
(d)
“Ger
ite
Contract between the' United States and Fresno Irrigation District Providing for'Water Service,':’
Contract betweep the United States of America and Fresno Irrigation District Providing for the Payment,of the
District's Share of the Cost of Pine Flat Dam and Reser- "OmmT-an
fr.
"...
.2
■ M ’4..
wa “ ette ta weeorru a yas : e "District Bureau Contracts, means those certain • “ ’ - smyat,er 1 *vn4)"
$ A&.Y
d ': • " 2 1 " 54 ' t
For purposes of this agreement the
■ 44(15
)• a5or "DistrictKings : River Intra-Assootation ■ Agreeme certain contracts relating to Kings Riven and sto
10 iis, TerE
seest
$ h
.7
s’ tr et
7 Allocated to Irrigation, dated December 23, 1963.
- -—--- andoMaintenancerof
. ,, • • yamung nd8, “ tot -* Kings River Allocation Contract datedwDecember 23, 1963 .2 .. "vre .. - 1 * 0r,
lmegealsk..
"City Bureau Contract!’ means that certain contract . -arrest r r . ed between'the United States and the City of Fresno providing for liquid waste treatment plant in the southwest portion Or the 7*" PMtftn 1
District which is thereafter'pumped from said underground water ** rurgelt. cAmhomma supply.
,0
tt 5
* i
7 i9 1 ‘.4.1 800x6316 PAGEL34
Water Right Indenture, dated May 3, 1927. J . ■■
.of %
Agreement to Deliver and Accept Recycled Water.
€ A J " atpaditant1 . e
the term of this agreement Cityagrees to deliver and District ' “a area under its liquid waste treatment plant in amounts and under sV “IUC . 5 . wrsK
the terms and conditions hereinafter provided.
‘h td
4),"
to District said water shall become the property of the District 11 replenishment in the southwest portion of the District as the * 4 ? 2450—17 . W
• ■ * • ... reacs ... , - ... .6 1** "
District shall see fit.
1/1
Water Quality'. The City shall not deliver to District '

1.. jinfta ; . 23252 \ -

4. > t s
M.r. 415 -ey ‘ .7 ‘5: shall be deleterious to plant or animal life' and all water so 08** v.
delivered shall meet all the-quality standards of the California s.1 ah. ‘rK
ther federal ,state or w4
local agency having Jurisdiction or control over water quality et .i
standards. City agrees at its expense to make such periodical > - ".4 : /4 - : w . n ■ v ■ •• 1*5" ■ ' il<- ■
tests to determine the quality of the water discharged into Wl). 1 0
District's canals at the point where said water is so discharged as may be required by any such board or agency or as may be r. 68 "
/ w
daro
i a. P‘7 A)
i As we-37‘s
kel
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iy
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During *
. ■ i H

2. Regional Water Quality Control Board, or its successor- agency, for.• ■ . . ommlemem"ttsdm) agriculture and irrigation use and any other " — " -enencesr-yy ■ -anetme’st agrees to accept from City recycled water pumped by City from the 11 aptheg ri : 4.

Administrative Agreement and Monthly Diversion :

Schedule dated May 3, 1927.

Agreement Supplementing and Amending Water Right
Indenture Dated May 13, 1927, and Supplementing and
Amending Administrative Agreement Dated May 3, 1927,
Relating to Kings River Water Association,- and .•
Amended Monthly. Diversion Schedule, dated June 1, 1949. aPe
se
to be used for agricultural . .2es*re*
) .
1 ‘ ' * TM‘rnietrhper*g8hs required by the District’s manager and to:
or discharge into District's canals any such recycled water which a tsayxonot 4; we 4 . . .
is not of a quality suitable' for all agricultural use or which " ■ - ‘ 1J 2* aT. a , (* " ■ .

Agreement Admitting Kings River Water District As a
Member of Kings River Water Association.and Agreement Re:

Centerville Bottoms Schedule, dated September 10, 1963.

When so deliveredt ri wil L \ . ee
O'
. 4- l; . t‘ ...1 4//
1 purposes and for underground water weezadfateDiswpirl erm. - *A *0* west portion of the District as the 3 ie
SEE
allibeins * santtep" u*gho submit the results 4
v . :: ‘ ‘ : "GPPs .

Agreement Supplementing arid. Amending Water Right Indenture.

Dated May 3, 1927, and Administrative Agreement Dated ** May 3, 1927, Each as Amended and Supplemented June 1,
1949, Relating to Kings- River Water Association, dated September 10, 1963
w ? 0
9 .
800x6316 PAEE 35)
of such tests in writing to the District forthwith after such e.* *.t.**f • ■ "1 " .4. . i* •........................ tests are made. City further agrees that any complaint that said recycled water does not meet the above standards, including but

7..
not limited to complaints from any such board or agency, the J County of Fresno, any mosquito abatement district or any user 7 / 5. Exhibit A
at
the city limits of the
1l 7
* 1 5
s £ i r
Asi<19 y
4 t and
% * 1.9.. - 122 those portions of the District designated by the parties as the ts
*
of this agreement shall be prepared by the District’s engineer3 acl ing department and approved in writing upon said map by the "eY I?* st ya
When
Tsi Pie
$. * 7 i
One duplicate so
s b46tasa :4. s,
“ISC r
office of the District.
—‘Y.T ■ 5 14 t X 2 (Tr*. . ?.1.% 1:: Ie
said map and reapproved in writing as above set- forth. e - . is 2t td*
Place and Time of Delivery.
* 202 . * .. -ra

6. City will deliver all such a
254
‘* •, d f-n** i. • • *i ‘**-* , 1'.' * F She
may at the election of the District be extended to accommodate the recycled water received under this agreement.Said water 1 delivered by the City to the District shall be discharged by the City into the District’s Dry .Creek Canal No, 77 and/or Houghtom s 7i ‘ -uxobnti* ■ ". >77/777 " ■ **FA l

5. /
1 f
er ‘20
"westerly" portions of the District for purposes , thttmv)/ 2 ; , . " V
*
the District, the District’s canal system
‘ s ... 7 i . • .8 Exhibit A and shall become a part hereof. . /
r
■ ! 1 , 2" *P : -‘9 ■ . : ‘ ■: of such recycled water, must be corrected and resolved to the ' ■ . " ■ a s. : 1. : cs A satisfaction of District before any further discharge, of water ii ejaaier : r , dt *) be sk
< ■ tetom/,5(
authorized representatives of the District and the City .*eza”2‘t 2i. 4 5 12 2
into said canals shall be made without the express consent of . :$1* ’ — ***55
the District. .
- * —rAddMrEn” . ? r .. <* -- • . (■ site, the exact locations at which City may discharge water into ■ ■ ■ wwbtghte • Tt — th — ■
the District’s canal system, the type and capacity of the dis- . tosrmm* - t. ‘ . =:
charge facilities by which each such discharge may be made, the . , i etnas M 1 _
location of observation wells as provided in Paragraph 9 , 4
-*k i
¥
.9
J
0*2// : . .

A map showing the exterior boundaries of
approved shall be kept in the office of the City and one in the • it. 20% oe — : os. .. . • r
Said map' may be amended in writing upon
■ t t 1 9 ■■. Sim
water to the District during the District‘s irrigation season which. icoa < *5 . 11
* *** ... s . 2, •.
so approved said maps shall, beincorporated herein by reference as. "easterly” and
- ■ a : a . - • - . : 4: ।
City of Fresno, the locationof City‘sliquid waste treatment plant *
t. Ml* wed inlnninats ides I 1 y chu e
samma
i
y.’ 4*

7. Amount to be DeliveredThe City shall deliver to 1
feet in each ten-year period of this contract, provided, however. ——o-, : y* T
such delivery will not exceed the amount of 30,000 acre feet in . any one year except that such maximum may be increased upon agreeX' ment between the District r s manager and the Director,of Public
------------ - 1* *T TT*****YPrrt*r***m*-***- -ot=vetnmepskmtpeanbronte12/ , * - =-% - -—1-*. . . 1 6
Works of the €ity. At least lO days prior torthe first:'day of ? *howe -mytrveererwareedyerMi ,204 vhre
each*, calendar will +
.7 t S.i s i:: roPe/’,.. . . _ 5 feet per second at which saidiwaterwill be delivered. Upon ' raPt 32*" . +i
4 r %
-
said discharge point during each -day of thatmonth and thereafter City shall deliver to District the daily amount of such water so approved. Said daily deliveries shall be at a continuous and J " J id constant rate of flow during the entire 24 hour period of each said day. in no event shall the dis charge into .Dry Creek Canal No. 77 in any one month be in excess Of one-half of the total whTTit No 77 exceed 60 c.f.s or the rate of discharge into Houghton Canal No. 78 exceed 120 sf.s —No such discharges shall be made into District's canals until said discharges have been approved $
y:
fl1 . 6.
is
receiving said schedule District ‘s manager will approve the amount of such water the District is willing to accept at each the District under this agreement, subject to District’s accept- ; ance as provided herein, recycled water pumped by the City, which 1 shall be delivered at a minimum rate of delivery of 100,000 acre; - 800X00
vik
pozudilinlOb”.

PAGE 36
• : Ay* • ?
‘ 920
s M5‘
" 4 "sanyas
.. : #. GAs
*
U
all
amount delivered to District in that month or the discharge into - the Houghton Canal No.-78 in any; one month be more than two-thirds of the total amount delivered to the District in that month and in no event shall the rate of discharge of water into Dry Creek CanalMceasm=.7KOrhASmr2 hs montheduringtheatermofthis agreement city submit to Di s t r i c t-an-wrlting&Sche aule
Canal No, 78 at the locations approved by the District- and shown on the map marked Exhibit A and at no other location or locations, i n . .. 6 is * 27. ' co' to*, ~* j- • - Y ... ischedule of the daily amount of > , g r " vent--------------- — . such water proposed: to be delivered, to District, at each discharge.’) . .280. .2. . he point during that month and the rate of flow indicated in cubicsr*’, ■ . G 2) iire s Way J
- & A>
wr ,8
800K6316 PAGE 38
gives immediate notice thereof to the District. In such event . V ■

9. plant as determined by the District Such effect shall not be August 1 of the previous year. City agrees to moni tor ground water area surrounding its liquid waste treatment plant. The number ol and location of said wells shall be agreed upon by the City and the District, and when so agreed upon shall be shown on Exhibit A as provided in paragraph 5.Each month at the time City submits Said schedule and said informa- .$. • . * canals during the.previous month.

10. Construction and Maintenance of Facilities. All

8. Y <PA
its schedule of proposed discharges, City shall supply District , ; ■ 1 5 ti . 5 -155---==============-=----------------=-=---==-------------------=- 8 . with the results of said observations and shall also supply District with a statement of the amounts discharged into District's City shall use all reasonable effort to immediately restore the delivery of water to the level approved by District's manager as provided in paragraph 7. District's manager may refuse to agree to any such change in schedule or to accept water under such changed schedule if he reasonably determines that such change may result in damage to a District canal or to other property'of the District or any other person or will interfere with the operation, alteration, repair or maintenance of the canal into which said discharge is tobe made or will interfere .with some other operation or function of the District.
tion shall be given to District upon a standard form approved by District's manager.
deemed to be adverse if the ground water level is not lowered below the gradients established by the District as existing on levels in the area from which said recycled water is pumped on a monthly basis by means of observation wells located within an the extent that it will adversely affect the elevation of the water table in the area surrounding its liquid waste treatment A 7 rv. " ' *
Ground Water Level. City shall not pump said recycled
anen monnivio megRt? 7 *
water from the underground water reservoir in such a manner or to 3 ty
AA
5/. 800x6316 PAGE 39
. •• r ■ fications approved by District and shall thereafter be maintained . 51 in good operating and working condition by and at the expense of • 4*
City. Said discharge facilities shall have a discharge capacity marked Exhibit A and shall' P4; not greater than that shown on'said map :T ■ - ‘ • ’ ,= j*: At : ■ . j .. The immediate lvandat . anv time City shall at all times'protect said.. wal

5. or injury at such locations shall be repaired at the expense of .. . : • . ■ i. '
s*" "
*
by City. 3

11. of the agreements of the City herein contained, District agrees 4 • that insofar as feasible-and practical, it will make available from its Kings River water or rrom the- water received by it ..,2*2: -.1: :7) JYt si • .,3 * ...t- 29 S
under its Bureau Contracts an’ additional amount of water equiva2.4.. VNt. A 117* ’ • lent to 46% of the water received by it from the City under this P‘ * — 1a
in the easterly portion of the District as indicated on Exhibit *r. . st! " **/‘. 2 6 eo
A. The term "additional amount of water" as above used shall mean water in addition to the amount* of water which would have been t
i"
been received by the District and used in the. westerly portion of.

If the District"shall
determine that the use of said water in said area is not feasible Aff 3
or practicable it may 3. ,eH2: 4 use such

9. 2JV
2 4.
be equipped with positive shut-off controls by which any and all discharges of water Into District’s canal svstem mav be shut off 7 discharge facilities to be used by City in discharging said water . into said canals and suitable measuring devices required to measure the amount of water discharged into District's canals shall be constructed by City at its expense according to plans and spec!-. *
Seel
lA2--
-e
■ : a 0:

If City falls to do sb District shall be entitled to make 2 canals and
locations 4
their banks from Any damage, injury or erosion at the
of said facilities■into said' canals and any such damage fmeet s ■ ■ A
the District as indicated on Exhibit A."
ai 4R
.. ■ .. . ... . . pPet . 0/ . 2 —lnp.) .. : ‘ ‘ . 4 Use of Water Available to District. ’In consideration < * 4
2 ti tiasig" " • . agreement for agricultural'use and for ground water replenishment 2 . “* i: "* •; i -w at “ in ' 4
after discussion' with the city
- . /15 n J. .. . . . • 2 . made available for use in that area if said recycled water had not.

City. -- vivy ialio wo uu oU Jlourcu ouaia e catitacu vo anc . ■
said repairs and the expense’thereof. shall forthwith be reimbursed 800x6316 PAGE 40
water elsewhere.If in the future it is deemed desirable to do ve 12. District's Representativej Wherever it is provided in on
i: i"
s!
manager. In exercising his: said discretion, the District's manager or his authorized representative shall weigh and balance 4 t ry atr ■
:; ** rt ' of the City. However3 in any such casehis decision Shall be final. tt...
2 Canals and
any right or Interest therein.

14. Expense of Performance. The performance of all terms $ $;

15. Indemnity. City agrees to indemnify District and save h
?V

10. 4
13 : 1
this agreement that District’s manager shall do and actor exer— else his discretion in respect to any particular matter said act the equities of the parties in respect to the interests of each and the necessities of District’s” operations in relation to those ss
ec
— A
and conditions of this agreement to be performed by City shall be at the expense of City and the performance of all terms of this agreement to be performed by District shall be at the expense of District. . . ■
Storage. Nothing contained in this agreement shall in any way ... aes ■{' ■ ” -
affect District's ownership of its canal system or of its water right or its right to storage in Pine Plat Reservoir or give City so, City, with the approval Of District, may cause the dividing line between the easterly portion of the District and the westerly :
portion of the District to be moved to the west and the percentage of water to be made available in said easterly portion of the District to be increased in proportion to the increase.in the area. " of land within said easterly portion.. i , d.
and said exercise of discretion mav be performed by any other : ■■ . '. .. " . r ■ . •
representative of the District torwhom such authority shall be District harmless of, from and against any loss, cost, expense, liability or attorney’s fees incurred by District: as “the result’ off -0 25 '• • . ■ -r*
. Ownership of District’s Water Rights
i 2
0 Rmtag) .a . ' '
de legated either by the "District’s. Board of Directors or by said . 800K6316PaGE 41;
$
Ar. *-si Successors and AssignsThis agreement shall be bind—, * ■ gtomme y*. . ssevk 16. wse.
ing upon the successors and assigns of the parties hereto provided ” e 2-4 " • 3r' ? is not transferable or assignable and shall not pass to any sucs - 522 j ** the consent 1? - -V ."‘it . " 4.
of District. This agreeor public entity not a party hereto and no person, firm, corpora' tion or public entity except a party hereto or its successor or

17. agreement may not beamended except by the written agreement * .. .$ 2" 1 the parties hereto.

18. Term. Termination
be twenty years from its date, except that it may be cancelled * upon mutual agreement between the parties hereto.The contract written notice of such termination.Notwithstanding the foregoing, this ontract may be terminated at any time, upon sixty IN WITNESS WHEREOF, the parties.hereto have executed this

11. / • V;
—
shall continue in effect after the end of said term except that : 1 • .. . :%
it may be terminated thereafter by either party upon one year's any claim made by any third party because of the City's pumping from the underground water supply as above described or in any way arising out of the execution or performance of this agreement unless such loss, cost, expense or liability is. caused byinde- • pendent negligence on the part of the District in performing the—. terms and conditions of this agreement on its part to be performed.

The term of this contract shalli
a d
. c?4 :
of
— s8
days' written notice by either party, given on and because of substantial breach by the other party, which breach is not repaired or corrected before the end of said sixty-day period. that City's right to discharge water into District’s canal system/' . 2 . + °. ..* . ...
**t*s —
•.*
... Mmo, ; Amendments, " ErCepR as otherwise provided herein this _' / . are . 4 . . ment is not made for the benefit of any person,* firm, corporation” . ww 2. .■
4 • "0...11 "1
assign shall have any right to enforce said agreement under California Civil Code §1559 or otherwise.
. }.
. . 4. . . cessor in interest Without
. -ov .2*7
State
20th June .day of.
wn to me to be the. Y ........................................................................ ...................................... .. ........................ President and. town to me to be the Secretary or ihe Fresno IrrIgaETSn Dis rICE-m my office in said
Notary and for Mid County and
On this.,
hundred and.

CORPORATION ACKNOWLEDGMENT
Kilner Stationery Co.
1916 Echo
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official -seal County, the day and year in this Certificate first above written. , the corporation that executed the within instrument, and known to me to be the _____ _________ who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same.

State of California
County of FresnoySS
......... .................... ui............... .memmmm—---------------in the year one thousand nine seventy four............. .. before me, —tal.Al.som----------------- — a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared ......-.............. -.... -.. ........s.......WLnston.trons--------------------- 10 800x6316 PAGE 42
sat .

CITY OF FRESNO ATTEST:
i2. 20). a—kekk 2 Officer
ByCOAuA/ . Secretary
9 .
agreement the day and year first above written.

FRESNO IRRIGATION DISTRICT
62A 19at4
\ _ — .______
ByLAlAkoXs@
By2--4et‘ Chief Administrate^
APPROVED AS TO FORMis
SPENCER THOMAS, JR., City Attorney
By
Senior Deputy

12. r
I
!
MINJO4"*3 ptisnd AeviONPRINCIPAL OFFiCE IN

FREINO COUNTY
ission Expires November 19, 1977
OFFICIAL SfAt
PAUL H. WILLISON
My Comm
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Water Shortage
Contingency Plan
2020 Water Shortage
Contingency Plan
Final
JULY 2021 CITY OF FRESNO
Photo Credit: Downtown Fresno Partnership
City of
Department of Public Utilities
2-
l j t)
"T47
USC
n
o11

CITY OF FRESNO
Final
2020 Water Shortage
Contingency Plan
JULY 2021
Prepared by Water Systems Consulting, Inc.

City of
oOESS/0, 1 A J.

NO. 68916
E ‘30/21
* »

NAOFCNLY) (C/W
UUSC
•Hl==s”i 5*
Department of Public Utilities
AWo 2‘ 187

ACKNOWLEDGMENTS
The 2020 Water Shortage Contingency Plan was prepared by Water Systems Consulting, Inc. The primary authors are listed below.

Jeff Szytel, PE
Rob Morrow, PE
Lauren Cetin, EIT
Heather Freed, PE
Water Systems Consulting, Inc. would like to acknowledge the significant contributions of the City of Fresno, including the following staff.

Director of Public Utilities Michael Carbajal
Utilities Planning & Engineering Division
Assistant Director Brock Buche, PE, PLS
Supervising Professional Engineer Glenn Knapp, PE
Professional Engineer Peter Maraccini, PE
Water Division
Assistant Director Bud Tickel
Water System Manager Chris Carroll
Water System Manager Russell Guilliams
Business Manager Henry McLaughlin
Water Conservation Supervisor Conrad Braganza
Wastewater Division
Wastewater Manager Rosa Staggs
Operations Supervisor Cory Asher
Reclamation Coordinator Setrag Cherchian
USC
City of
■ ■ l==s”i 5*
Department of Public Utilities
City of Fresno
July 2021 i
Final
2020 Water Shortage Contingency Plan

TABLE OF CONTENTS

1.1 Introduction................................................................................................................1

1.2 Water Supply Reliability Analysis ..........................................................................2

1.3 Annual Water Supply and Demand Assessment...................................................3

1.3.1 Key Data Inputs..............................................................................................3

1.3.2 Evaluation Criteria..........................................................................................5

1.3.3 Annual Assessment Procedures ....................................................................5

1.4 Standard Water Shortage Levels ..........................................................................6

1.5 Shortage Response Actions..................................................................................9

1.5.1 Year-Round Measures ...................................................................................9

1.5.2 Demand Reduction ......................................................................................10

1.5.3 Supply Augmentation...................................................................................13

1.5.4 Operational Changes ...................................................................................13

1.5.5 Emergency Response Plan..........................................................................14

1.5.6 Seismic Risk Assessment and Mitigation Plan.............................................15

1.5.7 Shortage Response Action Effectiveness ....................................................15

1.6 Communication Protocols....................................................................................15

1.7 Compliance and Enforcement .............................................................................16

1.8 Legal Authorities..................................................................................................17

1.9 Financial Consequences of WSCP ....................................................................18

1.9.1 Drought Rate Structures and Surcharges ....................................................18

1.9.2 Use of Financial Reserves ...........................................................................19

1.9.3 Other Measures ...........................................................................................19

1.10 Monitoring and Reporting ..................................................................................19

1.11 WSCP Refinement Procedures .........................................................................20

1.12 Special Water Feature Distinction .....................................................................20

1.13 Plan Adoption, Submittal and Availability ..........................................................21 References................................................................................................................22 Attachment 1 Preliminary Annual Assessment Template .................................................I Attachment 2 City of Fresno Municipal Code Chapter 6-520...........................................II Attachment 3 Water Shortage Resolution.......................................................................III Attachment 4 Fresno County Multi-Jurisdictional Hazard Mitigation Plan, Annex E: City of Fresno ....................................................................................................................... IV City of Fresno
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Attachment 5 Notice of Public Hearing .......................................................................... V Attachment 6 Resolution Approving the WSCP............................................................ VI

LIST OF FIGURES
Figure 1. Annual Assessment Approximate Timeline ......................................................6 Figure 2. Water Shortage Stages Crosswalk...................................................................7

LIST OF TABLES
Table 1. Key Data Inputs for the Annual Assessment .....................................................3 Table 2. Water Shortage Contingency Plan Levels (DWR 8-1) ......................................8 Table 3. Demand Reduction Actions by City (DWR 8-2) ...............................................11 Table 4. Supply Augmentation & Other Actions (DWR 8-3R)........................................13 Table 5. Communication Protocol During Water Shortage Conditions ..........................16 Table 6. Penalties for Water Wastage ...........................................................................17 City of Fresno
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ACRONYMS & ABBREVIATIONS
AMI advanced metering infrastructure
City City of Fresno
CWC California Water Code
DPU Department of Public Utilities
DRA Drought Risk Assessment
DWR Department of Water Resources
FID Fresno Irrigation District
FMC Fresno Municipal Code
SWTF Surface Water Treatment Facility
USBR United States Bureau of Reclamation
UWMP Urban Water Management Plan
WSCP Water Shortage Contingency Plan
WSIP Water Storage Investment Program
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1.1 Introduction
The Water Shortage Contingency Plan (WSCP) is a detailed plan on how the City of Fresno (City) intends to respond to foreseeable and unforeseeable water shortages. A water shortage occurs when the water supply is reduced to a level that cannot support typical demand at any given time. The WSCP is used to provide guidance to the City’s governing body and staff and the public by identifying response actions to allow for responsible management of any water shortage with predictability and accountability. Preparation provides the tools to maintain reliable supplies and reduce the impacts of supply interruptions due to extended drought and catastrophic supply interruptions.

The WSCP describes the following:

1. Water Supply Reliability Analysis: summarizes the City’s water supply analysis and reliability and identifies any key issues that may trigger a shortage condition

2. Annual Water Supply and Demand Assessment Procedures: describes the key data inputs, evaluation criteria, and methodology for assessing the system’s reliability for the coming year and the steps to formally declare any water shortage levels and response actions

3. Six Standard Shortage Stages: establishes water shortage levels to clearly identify and prepare for shortages

4. Shortage Response Actions: describes the response actions that may be implemented or considered for each stage to reduce gaps between supply and demand as well as minimize social and economic impacts to the community

5. Communication Protocols: describes communication protocols under each stage to ensure customers, the public, and government agencies are informed of shortage conditions and requirements

6. Compliance and Enforcement: defines compliance and enforcement actions available to administer demand reductions

7. Legal Authority: lists the legal documents that grant the City the authority to declare a water shortage and implement and enforce response actions

8. Financial Consequences of WSCP Implementation: describes the anticipated financial impact of implementing water shortage stages and identifies mitigation strategies to offset financial burdens

9. Monitoring and Reporting: summarizes the monitoring and reporting techniques to evaluate the effectiveness of shortage response actions and overall WSCP implementation, with results used to determine if additional shortage response actions should be activated or if efforts are successful and response actions should be reduced

10. WSCP Refinement Procedures: describes the factors that may trigger updates to the WSCP and outlines how to complete an update

11. Special Water Features Distinctions: identifies exemptions for ponds, lakes, fountains, pools, and spas, etc.

12. Plan Adoption, Submittal, and Availability: describes the process for the WSCP adoption, submittal, and availability after each revision
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This WSCP was prepared in conjunction with the City’s 2020 Urban Water Management Plan (UWMP) and is a standalone document that can be modified as needed. This document is compliant with the California Water Code (CWC) Section 10632 and incorporated guidance from the State of California Department of Water Resources (DWR) UWMP Guidebook.

Water purveyor planning for possible water supply shortages has become an increasingly important subject considering the drought conditions over the last several years. The City adopted its first WSCP in 1994 in response to the 1991 Assembly Bill 11X, which mandated all water purveyors with more than 3,000 connections develop a WSCP. The WSCP was revised as part of the 2005 UWMP and adopted by the City in 2008. The WSCP was further refined in 2016 during preparation of the 2015 UWMP and is being updated in 2021 as a standalone document, developed in parallel with the 2020 UWMP. The 2020 WSCP is still based on the original 1994 plan. The revisions are intended to meet new CWC requirements and streamline the plan’s usefulness and enable the City to manage the necessary conservation measures to be enacted if a water shortage condition exists. The 2020 WSCP will be reviewed and adopted in conjunction with the 2020 UWMP.

The plan is intended to provide guidance, rather than absolute direction, for City action in response to water shortages and provide the City with options to responsibly manage water shortages.

1.2 Water Supply Reliability Analysis
This section is consistent with CWC Section 10632(a)(1) and describes the key findings of the water supply reliability analysis conducted pursuant to CWC Section 10635, which is presented in Chapter 7 of the City’s 2020 UWMP. As part of the 2020 UWMP, water suppliers must perform long-term (2025-2045) water service reliability assessment to evaluate reliability under normal, single dry year, and five-year consecutive dry year periods and a short-term (2021-2025) Drought Risk Assessment (DRA) to evaluate reliability under a five-year consecutive dry year period. Water supply reliability reflects the City’s ability to meet the water needs of its customers with water supplies under varying conditions. The analysis considers plausible hydrological and regulatory variability, infrastructure capacity, climate conditions, and other factors that affect the City’s water supply and demand.

The City’s current water supply portfolio includes groundwater from the Kings Subbasin, surface water from the Central Valley Project Friant Division through a contract with the United States Bureau of Reclamation (USBR), and surface water from the Kings River through a contract with Fresno Irrigation District (FID), as well as recycled water produced at the Fresno-Clovis Regional Water Reclamation Facility and North Fresno Water Reclamation Facility. The City manages the surface water supplies and groundwater conjunctively such that surface water supplies are used more heavily for direct use and recharge during wet periods and groundwater is used more heavily during dry periods. Over the long term, the City aims to maximize recharge to store water for future use and help groundwater levels recover. Key issues that may create a shortage conditions include reduced surface water availability due to dry hydrologic conditions, reduction in groundwater due to contamination issues, or emergency conditions that reduce the City’s water supply.

The water supply reliability analysis concluded that the City’s supply portfolio is highly reliable and allows the City flexibility to use a majority of surface water when available in normal years and switch to a majority of groundwater in dry years, when surface water supplies are reduced.

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The City is projected to meet potable demands with its existing supplies in all year types through conjunctive use of its groundwater and the City is projected to recharge water in most years to help store water for dry years.

1.3 Annual Water Supply and Demand Assessment
As established by CWC Section 10632.1, urban water suppliers must conduct an Annual Water Supply and Demand Assessment (Annual Assessment) and submit an Annual Water Shortage Assessment Report to DWR, with the first deadline July 1, 20221. The Annual Assessment is an evaluation of the short-term outlook for supplies and demands for the current year and one projected single dry year conditions to determine whether the potential for a supply shortage exists and whether there is a need to trigger a WSCP shortage stage, appropriate response actions, compliance and enforcement actions, and communication protocols.

1.3.1 Key Data Inputs
Key data inputs and their sources for the Annual Assessments are summarized in Table 1, and described below.

Table 1. Key Data Inputs for the Annual Assessment

KEY DATA INPUT DESCRIPTION SOURCE
Customer demands
Estimates current year
unconstrained demand plus a
modest growth factor
Customer billing data, 2020 UWMP
projections, input from City staff
Recharge demands Estimates current year
recharge demand
Surface water allocations,
historical recharge, groundwater
levels
State mandates
Reflects State orders and
mandatory compliance with
water use efficiency
standards
Executive orders from the governor,
orders and policies from the State
Water Resources Control Board, input
from City staff, or other sources
Surface water
allocation
Reflects the City’s available
surface water supplies for
treatment, recharge, and
potential exchanges and
transfers
Initial allocations from USBR and FID,
typically available in April
Groundwater
conditions
Reflects status of
groundwater conditions
Production data, static water levels,
and input from City staff
Infrastructure
capacity
Reflects production and
distribution capacity due to a
variety of factors, including
human-caused or natural
catastrophic events
Production data, well production
capacity, wells impacted by
contamination, surface water treatment
facilities’ capacity, distribution system
constraints, input from City staff
1 For USBR contractors, the assessment is due by July 1 or within 14 days of receiving final USBR water allocation, whichever is later.

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1.3.1.1 Customer Demands
Upcoming year customer demands will be estimated based on the previous year’s demand, with increases to address: (1) near-term projected growth of customers; (2) unconstrained water use if the previous year included any water use restrictions; and (3) potential water losses not accounted for in the previous year’s demand.

1.3.1.2 Recharge Demands
Upcoming year recharge demands will be estimated by (1) availability of surface water not used at the surface water treatment facilities (SWTFs) and (2) projected availability of recharge basins.

1.3.1.3 State Mandates
The City has historically been required by the State to reduce demand regardless of supply reliability at the given time. As described previously, compliance with State mandates for water use efficiency can be declared during drought or in preparation for future droughts, such as in response to the governor’s drought declarations in the 2012–2016 drought with subsequent Executive Order B-37-16 and related legislation for Making Conservation a California Way of Life. The City may consider State mandates and mandatory compliance with water use efficiency standards in determining water shortage levels.

1.3.1.4 Surface Water
The City has contracts for surface water with USBR and FID. The available surface water is dependent on hydrology, and in dry years less surface water is available to the City. Final allocations from both USBR and FID are known in April of each year, following the rainy season.

In April, the City works with FID to develop a delivery schedule of surface water supplies and submits it USBR. The surface water allocation and delivery schedule will determine the City’s operation of its SWTFs for the year, recharge operations, and if it will engage in any exchanges or transfers of supplies. In dry years, when less surface water is available, the City will also plan for increased groundwater use to meet its demands.

1.3.1.5 Groundwater Conditions
Groundwater level and production trends will be compiled and considered by the City staff, or with a hydrogeologist, based on the following actions:
• Plot static groundwater levels on hydrographs to determine trends. • Plot historic and projected production data to determine trends. • Compare historic and projected groundwater levels against production data for average and dry years.

1.3.1.6 Infrastructure Capacity
Infrastructure capabilities and overall production will be analyzed to determine if a possible power outage or deficiency may occur or continue in the coming year due to a variety of factors, potentially including human-caused or natural catastrophic events. This analysis may include well replacement, evaluation of wells for possible contamination, SWTFs capacities, and other considerations.

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1.3.2 Evaluation Criteria
Staff will use the key data inputs to develop and compare supply and demand projections to determine if water shortage actions may be necessary. A preliminary Annual Assessment template is included in Attachment 1. Note that supply projections will incorporate infrastructure constraints and an operational buffer factor of 10% will be added to the demand estimate to account for supply and demand projection uncertainties. The estimated amount of supply available versus the estimated demand will be compared with the water shortage condition triggers presented in Table 2. Various trigger conditions, which summarize specific evaluation criteria for each shortage level and can be used to determine a water shortage level, are described in the following sections. Triggers are based on current conditions, and the City will evaluate these triggers and modify them as needed.

A shortage emergency may be declared when it is demonstrated that conditions threaten the ability to provide water for public health, safety, and welfare of the community. Furthermore, compliance with State mandates for water use efficiency can be declared during drought or in preparation for future droughts, such as in response to the governor’s drought declarations in the 2012–2016 drought with subsequent Executive Order B-37-16 and related legislation for “Making Conservation a California Way of Life”.

Short-term and long-term supply shortages may be caused by constrained production capacity or natural or human-caused catastrophic emergencies, such as: power outages, winter storms, wildfires, earthquakes, structural failures, contamination, and bomb threats. These types of emergencies may limit the City’s immediate ability to provide adequate water service to meet the requirements for human consumption, sanitation, and fire protection. Impacts of such emergencies vary in duration. Thus, consumption reduction measures and prohibitions may differ for short-term and long-term conditions or shortages.

1.3.3 Annual Assessment Procedures
City staff will perform the Annual Assessment following initial allocations from USBR and initial projections for Kings River entitlements by FID, which is typically at the end of rainy season in April. The Annual Assessments are due to DWR by July 1 of each year2 with the first Annual Assessment Report due to DWR by July 1, 2022. A preliminary annual assessment timeline is shown in Figure 1. The City may update the assessment after submission if key data inputs substantially change or other new information becomes available. 2 For USBR contractors, the assessment is due by July 1 or within 14 days of receiving final USBR water allocation, whichever is later.

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Steps to conduct the Annual Assessment are as follows:

1. Staff gathers the key inputs, compiles historical data, and analyzes potential supply and demand gaps.

2. Demand trends, water supply conditions, and production capacity are analyzed.

3. A hydrogeologist may be consulted to provide additional groundwater condition information.

4. City Public Utilities staff will review findings and, if necessary, determine a recommended level of conservation required at the implementation or termination of each stage that will then be brought to the City Manager or Mayor for approval.

5. The City Manager, or designee, will declare and implement the level of conservation required at the implementation or termination of each level, and the declaration shall remain in effect until the City Manager, or designee, so otherwise declares. If a conservation level declaration is made, the declaration shall be published at least once in a newspaper of general circulation.

6. The City will develop and/or implement appropriate communication protocols and applicable response actions.

Figure 1. Annual Assessment Approximate Timeline
a For USBR contractors, the assessment is due by July 1 or within 14 days of receiving final USBR water allocation, whichever is later.

1.4 Standard Water Shortage Levels
This section is consistent with CWC Section 10632(a)(2) and describes the City’s water shortage levels. New to the 2020 UWMP, water suppliers must now consider six standard water shortage levels. Shortage levels indicate the gap between supply and demand compared to normal-year conditions. DWR standardized six shortage levels to provide a consistent regional and statewide approach to measure water supply shortage conditions. The six shortage levels correspond to 10%, 20%, 30%, 40%, 50%, and greater than 50% shortage in supplies compared to demands under normal conditions. However, a water supplier may use its own shortage levels if a crosswalk is included, relating its existing shortage levels to the six standard levels.

The City has elected to keep the previously established four water shortage stages from the 2016 WSCP and add a fifth stage to classify supply shortage greater than 50%. A crosswalk between the City’s stages and DWR’s standard levels is shown in Figure 2.

FEB APR JUN
Receive USBR and FID final
allocations; Update supply
and demand projections
Develop and
analyze key
data inputs
if needed, prepare
water shortage
declaration
City Public Utilities makes
preliminary findings and
recommendations
Compile previous
year demand and
supply data
Prepare preliminary
supply and demand
projections
JUL
Submit Annual
Assessment to DWR
by July 1(a)

JAN MAR MAY
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Figure 2. Water Shortage Stages Crosswalk
Although the water shortage stages are classified by the same percentages as the 2015 UWMP, the City has reevaluated the supply conditions and criteria to enter that stage to better reflect its supply portfolio in comparison to demand. Table 2 lists the water shortage stages and the conditions that would trigger each stage. Any stage listed within the WSCP may be enacted by the City Manager, or designee, as deemed appropriate based on the water shortage condition. 10% 10%
20% 10 - 25%
30%
25 - 35%
40%
35 - 50% 50%
>50% >50%
1 1
2 2
3 3
4 4
5 5 6
City of Fresno
Shortage Stage
Percent
Shortage Level
Percent
Shortage Range
Standard WSCP
Level
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Table 2. Water Shortage Contingency Plan Levels (DWR 8-1)

SHORTAGE
LEVEL

PERCENT
SHORTAGE(a)

WATER SHORTAGE CONDITION
0 No water shortage condition. Corresponds with year-round water use measures listed in Section 1.5.1 and demand reduction measures listed for “All” stages in Table 3. 1 0-10%
Stage 1 may be triggered by any of the following conditions:
• The available water supplies for the next year are projected to be less than 100% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or
• After having been in a Stage 2 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type(b) or higher; or • After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
2 10-25%
Stage 2 may be triggered by any of the following conditions:
• The available water supplies for the next year are projected to be less than 90% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or
• After having been in a Stage 3 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type(b) or higher; or • After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
3 25-35%
Stage 3 may be triggered by any of the following conditions:
• The available water supplies for the next year are projected to be less than 75% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or
• After having been in a Stage 4 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type(b) or higher; or • After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
4 35-50%
Stage 4 may be triggered by any of the following conditions:
• The available water supplies for the next year are projected to be less than 65% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment; or
• After having been in a Stage 5 classification from drought conditions, the upcoming water year USBR and FID allocations results in normal-dry water year type(b) or higher; or • After having been in a higher classification as a result of emergency, original trigger for a previous higher-stage classification has been rectified to a point that is consistent with the above conditions for this stage.
5 >50%
Stage 5 may be triggered by any of the following conditions:
• The available water supplies for the next year are projected to be less than 50% of projected demand considering infrastructure constraints and an operational buffer. The available water supplies, infrastructure constraints, projected demand, and operational buffer will be estimated at least once per calendar year – and more often as appropriate - as part of the Annual Water Supply and Demand Assessment. Section 1.3 of the City’s Water Shortage Contingency Plan describes the key data inputs, evaluation criteria, and procedures for the annual assessment.
a Shortage levels indicate the gap between supply and demand compared to normal-year conditions. The Annual Assessment incorporates a 10% buffer on top of projected demands for conservative planning. b Water year types were defined 2006 San Joaquin River Restoration Settlement Agreement for USBR allocations and characterized in Section 6.2 of the City’s 2020 UWMP.

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1.5 Shortage Response Actions
The Fresno Municipal Code (FMC) contains sections on water conservation that are to take place under normal water supply conditions. Regulations in place under normal water supply conditions encourage smart water use and help the City manage its water supply. Some of those regulations include year-round outdoor water schedules; turf type restrictions; turf irrigation methods; and prohibition of willful or negligent water wasting, flood irrigating, washing hardscape with potable water, and frequent draining of pools. Additional details of these regulations can be found in FMC Section 6-520(a) (Attachment 2). These restrictions are mandated year-round by the City and must be observed. In addition to the normal restrictions on water usage, the City developed shortage response actions to implement during a water shortage on the City level and consumer level in order to reduce demands that are described in Section 1.5.2 and detailed in Table 3.

In the event of a potential water shortage, the City will evaluate the cause of the shortage to help inform which response actions should be implemented. Depending on the nature of the water shortage, the City can elect to implement one or several response actions to mitigate the shortage and reduce gaps between supply and demand. The City has identified actions that fall within the demand reduction, supply augmentation, operational changes, and additional mandatory restrictions, as stated by DWR. It should be noted that all prohibitions listed for Stage 1 will apply to Stage 2 and, likewise, all restrictions that apply to Stage 2 will apply to Stage 3 and so on, until Stage 5 is reached. Also, due to the City’s diverse supply portfolio, Stage 1 imposes only voluntary consumer reductions, while Stages 2–5 all include mandatory reduction actions. If necessary, the City may adopt additional actions not listed here in extreme circumstances.

1.5.1 Year-Round Measures
FMC Section 6-520(a) lists actions that are prohibited at all times, whether or not there is a shortage condition and include:
• Use of potable water to irrigate or water outdoor landscaping in a manner that causes runoff. • Keep, maintain, operate, or use any water connection, hose, faucet, hydrant, pipe, outlet, or plumbing fixture which is not tight and free from leakage. • Willfully or negligently waste water as defined in FMC Section 6-501. • Sprinkle or irrigate any yard, ground, premise, or vegetation except as set forth in the City's Outdoor Water Use Schedule.
• Sprinkle or irrigate any yard, ground, premise, or vegetation, unless watering device used is controlled by a shutoff device or a person is in immediate attendance of the hose or watering device.
• Prohibit use of potable water to wash sidewalks, walkways, driveways, parking lots, open ground, or other hard-surfaced areas, except where necessary for public health or safety. • Use potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.
• Irrigation of ornamental turf on public street medians with potable water, except where the turf serves a community or neighborhood function, there is incidental irrigation by an irrigation system designed to irrigate trees, or the turf is irrigated with recycled water.

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• Irrigating outdoor landscapes with potable water during and within 48 hours after measurable rain.
• Serve drinking water other than upon request in eating or drinking establishments, including but not limited to, restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drink are served or purchased.
• Irrigate landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development. • Automatically changing towels and linens in hotels and motels daily. Operators of hotels and motels shall provide guests the option of choosing not to have towels and linens laundered daily.
• Drain swimming pools more than once every three years, except as necessary to complete structural repairs or to comply with public health standards, as determined by the County Health Officer.
• Prohibit filling new or refurbished swimming pools without obtaining a pool fill permit from the City.
• Refill (top off) established swimming pools except during times when outdoor water use is allowed at the property address pursuant to the Outdoor Water Use Schedule The City may update these year-round restrictions in the future as needed. For the latest permanent restrictions refer to FMC Section 6-520(a) (Attachment 2) and the latest WSCP Resolution (Attachment 3).

1.5.2 Demand Reduction
The City has identified a variety of demand reduction actions to offset supply shortages. Demand reduction measures are strategies intended to decrease water demand to close the gap between supply and demand. Demand reduction actions available to the City that may be considered during water shortage conditions are summarized in Table 3. Although it is difficult to estimate the volume of savings for each action, the City expects to meet required reductions through a combination of response actions in conjunction with outreach and communication efforts to the extent necessary to mitigate any impacts from a water shortage.

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Table 3. Demand Reduction Actions by City (DWR 8-2)

SHORTAGE
LEVEL

DEMAND REDUCTION

ACTIONS

HOW MUCH IS THIS

GOING TO REDUCE THE
SHORTAGE GAP?(a)

ADDITIONAL EXPLANATION

OR REFERENCE

PENALTY,

CHARGE, OR
OTHER
ENFORCEMENT(b)
All Expand Public Information Campaign Not Applicable Community outreach includes classroom presentations, outreach educational information, and water tours. Increase communication as drought stages increase. Not Applicable All Improve Customer Billing Not Applicable
Water bills show customer usage vs. average usage for the customer category. Increase customer notifications of high water use based on advanced metering infrastructure data as drought stages increase.

Not Applicable
All Offer Water Use Surveys Not Applicable Use water leak surveys with all community members. Not Applicable All Provide Rebates for Landscape Irrigation
Efficiency Not Applicable The City offers rebates for micro-irrigation conversions, soil moisture sensors, smart irrigation controller, and rain sensors to improve efficiencies. Not Applicable All Provide Rebates for Turf Replacement Not Applicable The City provides rebates for community members who wish to replace their turf with a drought-resistant garden. Not Applicable
All Provide Rebates on Plumbing Fixtures and
Devices Not Applicable The City offers rebates on a variety of high-efficiency plumbing fixtures, such as washers, toilets, and urinals. Not Applicable All Decrease Line Flushing Not Applicable The City uses NO-DES for regular pipe flushing to eliminate discharging water. Not Applicable All Reduce System Water Loss Not Applicable The City has a comprehensive system water loss reduction program in place. Increase efforts to correct water system losses as drought stages increase. Not Applicable 1 Decrease Line Flushing 0 to 100% of shortage gap For dead-end flushing where the NO-DES truck cannot be used, reduce normal flushing time. Not Applicable 1 Increase Water Waste Patrols 0 to 100% of shortage gap Increase monitoring of AMI reporting and communication with customers; Conduct patrols based on public input. Not Applicable
1 Landscape — Limit landscape irrigation to
specific times 0 to 100% of shortage gap
Voluntary limits:

Summer: three days/week
Winter: one day/week
No
2 Landscape — Limit landscape irrigation to
specific times 0 to 100% of shortage gap Summer: three days/week Winter: one day/week Yes
3 Landscape — Limit landscape irrigation to
specific times 0 to 100% of shortage gap Summer: two days/week Winter: one day/week Yes
4 Landscape — Limit landscape irrigation to
specific times 0 to 100% of shortage gap Summer: one day/week Winter: one day/week Yes
4 Other — Prohibit use of potable water for
construction and dust control 0 to 100% of shortage gap Prohibit use of potable water for construction, compaction, dust control, street or parking lot sweeping, and building washdowns where non-potable or recycled water is sufficient. Yes Appendix K
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SHORTAGE
LEVEL

DEMAND REDUCTION

ACTIONS

HOW MUCH IS THIS

GOING TO REDUCE THE
SHORTAGE GAP?(a)

ADDITIONAL EXPLANATION

OR REFERENCE

PENALTY,

CHARGE, OR
OTHER
ENFORCEMENT(b)
4 Other — Prohibit vehicle washing except at
facilities using recycled or recirculating
water
0 to 100% of shortage gap Prohibit washing cars, boats, trailers, aircraft, or other vehicles, except at commercial or fleet vehicle-washing facilities using water recycling equipment. Yes 4 Pools and Spas - Require covers for pools
and spas 0 to 100% of shortage gap Require covers for swimming pools when not in use. No 4 Other 0 to 100% of shortage gap Prohibit use of potable water for sewer system maintenance or fire protection training without prior approval by the City manager. Not Applicable
4 Other 0 to 100% of shortage gap Prohibit use of outdoor misters. No 5 Landscape — Prohibit all landscape
irrigation 0 to 100% of shortage gap Prohibit outdoor irrigation year-round. Yes 5 Moratorium or Net Zero Demand Increase
on New Connections 0 to 100% of shortage gap The City will temporarily limit or ban new water service connections within the service area. Not Applicable a Reduction in the shortage gap is estimated and can vary significantly. b Refer to Section 1.7 for Penalties for Water Wastage.

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1.5.3 Supply Augmentation
Given the consistent supply of groundwater through pumping, the City has no immediate plan to augment supply. However, the City could purchase additional USBR or FID surface water, if available. Also, the Cities of Fresno and Clovis have an agreement for interconnection of their potable water systems to provide service during emergencies and other times of hardship in either community. Although these options are discretionary and quantifying their ability to reduce the shortage gap can vary significantly, they are readily available if needed, as indicated in Table

4. Table 4. Supply Augmentation & Other Actions (DWR 8-3R)

SHORTAGE
LEVEL

SUPPLY AUGMENTATION

METHODS AND OTHER

ACTIONS BY WATER

SUPPLIER

HOW MUCH IS THIS

GOING TO REDUCE

THE SHORTAGE
GAP?

ADDITIONAL

EXPLANATION OR

REFERENCE
1 to 5 Transfers As Needed
Purchase or exchange
available USBR or FID
surface water
1 to 5 Other Purchases As Needed
Interconnection with
City of Clovis for use
in emergencies

1.5.4 Operational Changes
Operational changes to address a short-term water shortage may be implemented based on the severity of the reduction goal. The City can maximize its supply by implementing operational strategies and demand reduction measures. As part of the Annual Assessment process, the City will consider their operational procedures at the time of a shortage to identify changes that can be implemented to address water shortage on a short-term basis, including but not limited to:
• Utilization of a SWTF to treat pumped groundwater to offset lack of surface water supply • Expansion of public information campaign to educate and inform customers of the water shortage emergency and required water savings
• Decrease line flushing to only on a compliant basis strictly using the currently operational NO DES truck
• Use water patrols and increase frequency of meter reading by recruiting staff from other departments if necessary
• Offer water use surveys
• Implementing or modifying drought rate structure or surcharge or water emergency tiered pricing, pursuant to the requirements of Proposition 218 and in accordance with California Law
• Prohibit any new permits for hydrant-construction or temporary construction meters. • Monitoring construction meters and fire hydrant meters for efficient water use in the event that a meter identified wastes water.

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• Moratorium on issuing any new building permit unless the: (a) Project is found by the City Manager, or designee, to be necessary for public health, safety. (b) Project will use recycled water for construction. (c) Project will not result in a net increase in non-recycled water use. (d) Project has adequate Conservation Offsets
• Suspending the consideration of annexation to its service area unless the annexation increases the water supply available more than the anticipated demands of the property to be annexed
• Reducing overhead in the short-term and mid-term by deferring non-critical Capital Improvement Plan projects and major maintenance expenditures, and in the long-term by adjusting operational and staffing levels and retail water rate structures to incorporate the reality of lower retail water sales than previously anticipated. • Decrease in the level or, if need be, even a total interruption in the expenditures for the agency’s facility replacement program. Non-critical replacement projects will have little or no impact on the agency or its customers and would only extend the master planned replacement schedule.

1.5.5 Emergency Response Plan
In addition to responding to drought conditions, the City’s WSCP can be used to respond to emergency or catastrophic conditions that impact the availability of the City’s water supplies, and/or the ability to deliver water within the City’s service area. Potential events are listed below:
• Loss of surface water supply
• Loss of groundwater supply
• Area-wide electrical power failure
• Natural disaster — earthquake or flood
In the event of a supply interruption, there are several measures that could be taken that would mitigate the overall negative impacts of a water shortage. The following discussion indicates possible events and actions to maintain water service to the service area.

The City has an agreement with the City of Clovis that discusses an intertie system between the two cities that could provide service during emergencies and other times of hardship in either community. The agreement covers interconnections, including apportionment of capital costs, at two locations: Leonard Avenue at the Gould Canal alignment and Behymer Avenue at Willow Avenue. The Leonard interconnection was constructed and remains in place for emergency uses through manual operation. The agreement also provided for temporary deliveries from Fresno to northern Clovis through the Behymer connection through 2015. However, the Behymer interconnection has yet to be constructed.

The City also cooperates with the County of Fresno’s Office of Emergency Services, and the WSCP is included in the County’s Disaster Plan. The goal during any emergency scenario is to maintain water supply such that the health and safety of the community is protected.

In the event of contamination of either the surface or ground water supplies, the non-impacted water supply could be used more heavily or the intertie with the City of Clovis could be activated.

Additionally, overall demand reduction and the use of other wells or treated surface water would help meet demands.

If a regional power outage were to occur, the City could use backup power generators to operate wells. This measure, in conjunction with demand reduction, could supply sufficient water for health and safety purposes. The City has more than 35 wells with backup power sources. The Appendix J
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City has budgeted for the installation of a backup generator for the Northeast Wastewater Reclamation Facility. The Southeast SWTF and T-3 SWTF are also equipped with backup power generators.

If a natural disaster occurs, in addition to the actions discussed above, the City will isolate any areas of the system that were compromised for emergency repairs and, potentially, use of the intertie with the City of Clovis. Implementing the WSCP could also occur to reduce demands.

For more information on actions during an emergency, refer to the City of Fresno’s Risk and Resilience Assessment Report finalized in September 2020 (AARC Consultants, LLC, 2020) and the City of Fresno Emergency Response Plan finalized in March 2020 (AARC Consultants, LLC, 2020).

1.5.6 Seismic Risk Assessment and Mitigation Plan
Refer to Fresno County Multi-Jurisdictional Hazard Mitigation Plan implemented in May 2018, Annex E: City of Fresno attached in Attachment 4, for appropriate Seismic Risk Assessment and Mitigation Plan procedures.

1.5.7 Shortage Response Action Effectiveness
The City of Fresno has assessed its overall water reduction by evaluating the water usage trends that were discussed in SBX7-7 in conjunction with the American Water Works Association water loss calculator. See Chapters 5 and 4 of the 2020 UWMP, respectively, for additional information.

The overall decrease of water use per capita and compliance with the 2020 per capita water use target indicate that the reduction measures have been effective in the community. All of the City’s customers are metered and the City will use these devices to monitor actual reductions in water use during enacted shortage levels compared to normal year conditions. This data allows the City to determine the effectiveness of the implemented shortage response actions. If reduction goals are not being met, the City Manager, or designee, can make the necessary decisions for corrective action to be taken.

1.6 Communication Protocols
The City’s Department of Public Utilities (DPU) currently has a contract with JP Marketing to manage communication and outreach to the customers. The firm’s services include strategic planning, creative concepts, public relations, marketing, promotion, research, advertising, media design, copywriting, event creation, and online services. The City also has a public information officer and communications team whose purpose is to communicate water shortage procedures or general utility information effectively and efficiently to the customers.

During normal supply conditions, the Water Division implements informational campaigns to customers that emphasize user-level changes in water use and overall mindfulness of water waste while promoting voluntary conservation. Over the past few years, DPU has increased use of social media to communicate with customers quickly and organically. The City uses Facebook, Twitter, and Instagram to promote water saving tips, notify of shortage conditions, and spotlight DPU employees to foster a sense of community centered around the water supply.

The City strives to be proactive in communicating work strategy and conservation efforts with customers.

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This WSCP includes a staged plan to communicate the declaration of a shortage stage, inform restrictions, and provide updates during a water shortage emergency. A summary of actions the City could potentially take during a specific shortage stage is outlined in Table 5.

Table 5. Communication Protocol During Water Shortage Conditions

SHORTAGE
STAGE
ACTION
1 Information posted on the City’s website
1 Social media posts (Facebook, Twitter, Instagram, and Nextdoor) 2 Information included in utility bill inserts on a regular basis 2 Promotion of rebates and water conservation services
2 Letters, postcards, and flyers mailed to customers impacted by water use regulations
2 Targeted outreach and technical assistance to highest water users in each use class
2 Engage City councilmembers with resources to share with constituents 3 Increased paid advertising — print, online, radio, TV, streaming, social media, etc.
3 Messaging printed directly on utility bills
3 Press releases to local media (online and print newspapers, TV, radio, etc.) 3 Assembly and promotion of the speaker’s bureau for water shortage presentations for neighborhood groups, gardening clubs, homeowners’ associations, churches, senior centers, neighborhood associations, business associations, community groups, property management companies, etc. 4 Increased coordination with the local landscaping industry, including water shortage information in their newsletters, publications, and facilities; local wholesale and retail nurseries; and irrigation supply stores 4 Signage posted at nurseries and irrigation supply stores 4 Outreach materials and drought notices mailed to the hospitality industry, including restaurants and lodging
Note: If a water shortage progresses through multiple stages all measures in the previous stage(s) are implemented in addition to current stage actions.

1.7 Compliance and Enforcement
The City has penalties for violation of the water use restrictions in Table 3. The City tracks customer usage through advanced metering infrastructure (AMI) in order to enforce water wastage during shortage conditions as detailed in Section 1.10. The fines are noted in Table 6.

Penalties for water waste are based on FMC, Section 6-520(e).

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Table 6. Penalties for Water Wastage

INCIDENT
MONTH(a)

PENALTY AND FINE
1 $0 – Issued a Notice of Water Waste
2 $25
3 $50
4-12 $100
6 If a customer has more than six incident months of water wastage within a one-year period, the City may implement any or all of the following measures:
• Require the customer to get a landscape evaluation, lawn water audit, and water budget, as appropriate, in order to learn efficient water use. This work shall be completed at the customer’s expense by landscape irrigation auditors certified by the Irrigation Association.
• Installation by the City of flow restrictors or termination of water service.
• Require a customer to repair any defects in their watering system within 14 days of notice by the City.

Note:
a Number of incident months are based on a calendar year.

1.8 Legal Authorities
CWC Section 375 provides the City with the statutory authority to adopt and enforce water conservation restrictions, and CWC Sections 350 et seq. authorize the City to declare a water shortage emergency and impose water conservation measures when it is determined that the City may not be able to satisfy ordinary demands without depleting supplies to an insufficient level.

If necessary, the City will declare a water shortage emergency in accordance with CWC Chapter 3 (commencing with Section 350) of Division 1. Once having declared a water shortage, the City is provided with broad powers to implement and enforce regulations and restrictions for managing a water shortage. For example, CWC section 375(a) provides the following:
“Notwithstanding any other provision of the law, any public entity which supplies water at retail or wholesale for the benefit of persons within the service area or area of jurisdiction of the public entity may, by ordinance or resolution adopted by a majority of the members of the governing body after holding a public hearing upon notice and making appropriate findings of necessity for the adoption of a water conservation program, adopt and enforce a water conservation program to reduce the quantity of water used by those persons for the purpose of conserving the water supplies of the public entity.”
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Water Code Section 375(a). CWC Section 375(b) grants the City with the authority to set prices to encourage water conservation.

Under California law, including CWC Chapter 3.3 and Chapter 3.5 of Division 1, Parts 2.55 and

2.6 of Division 6, Division 13, and Article X, Section 2 of the California Constitution, the City is authorized to implement the water shortage actions outlined in this WSCP. Prior to enacting a shortage level, the resolution providing the Council with authority to enact each level of the WSCP will be adopted. Resolutions to enact the WSCP can be adopted at any meeting of the City Council. The resolution providing the City Manager, or designee, with authority to enact each stage of the WSCP is included in Attachment 6.

The City shall also coordinate with any city or county within which it provides water supply services, as listed below, for the possible proclamation of a local emergency under California Government Code, California Emergency Services Act (Article 2, Section 8558).

1.9 Financial Consequences of WSCP
This section is in accordance with CWC Section 10632(a)(8) and describes the financial consequences of implementing the WSCP and potential mitigation strategies. The City anticipates reduced revenue while implementing the WSCP because of decreased water use by its customers and additional costs associated with implementing water use restrictions and associated reduction actions. The incurred cost may vary depending on the shortage stage and duration of the water shortage emergency. The cost of compliance may be tracked when a shortage is declared. The City may track the staff time and resources used to implement the WSCP, including reduced revenue, implementation and enforcement of shortage response actions, and communication and outreach efforts. Impacts of implementing the WSCP include:
• Impact of quantity of water sales on revenue
• Increased staff, salaries, and overtime required for implementing and enforcing restrictions • Increased costs of new supplies, transfers, or other exchanges In 2015, the mandatory conservation goal for the City was 28%, however the corresponding revenue reductions were less than 28% due to the City having a two-component water rate structure that includes the fixed “water meter service charge” for all service connections and a volumetric-based “water quantity charge.” Therefore, the reduction in revenues was affected by a lesser percentage than the overall total reduction in water use. In general, revenue impacts specified in the WSCP would be offset with a combination of the following:
• An increase in water commodity and service charges
• A reduction in annual operating expenses due to decreased demands • Reserves currently earmarked for long range capital
• General tax fund revenues currently earmarked for future capital improvements Methods to mitigate revenue/expenditure impacts are discussed in detail below.

1.9.1 Drought Rate Structures and Surcharges
At present, the City does not have in place a drought rate structure. The City plans to hire a rate consultant to review existing water rates and, if appropriate, develop new future water rates. As an additional task to this effort, the consultant will review, develop, and recommend a drought rate structure for the City’s consideration. With such a rate structure in place, should a water shortage take place, the City will be able to institute an alternate water rate structure that may Appendix J
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apply and change depending on the stage of drought that the community is experiencing. At this time, there are no details as to how the rate structure will be developed, but conceptually each of the five stages specified in the WSCP would have a water rate increase associated with it.

The use of this type of structure during a drought will minimize expenditure impacts that are incurred during a drought. The effects of the decrease in revenue due to the drought, with a corresponding increase in expenditure, will allow for the City to function without going into debt.

1.9.2 Use of Financial Reserves
The City of Fresno Water System maintains two reserve funding sources that can be used to meet a portion of the utility’s revenue requirements during emergency or drought conditions.

They are as follows:
• Water Operating Reserves – This is cash set aside in the Water Enterprise Fund that provides a “rainy day savings account” for unexpected cash flow shortages and large, unexpected expenses or losses. Normally, these reserves are not intended to be used to make up income shortfalls. However, in an emergency situation, they can be transferred to the Water Rate Stabilization Fund (see below) for transfer back to the Water Enterprise Fund to meet revenue requirements, including debt coverage ratios.
• Water Rate Stabilization Fund – Indentures from previous bond issuances required the establishment of the Water Rate Stabilization Fund. These funds can be drawn on to meet a portion of the utility’s revenue requirements through unexpected low-revenue periods and may be applied to debt coverage ratio calculations to help avoid technical default of bond covenants and loan agreements.

In addition, the City maintains funding in the Emergency Reserve Fund for the purpose of meeting unforeseen emergencies (see Section 1212 of the City’s Charter for more information).

This funding may be used by an affirmative vote of at least five members of the City Council upon presentation of a statement declaring the reason for use of the funding. This funding would be used only if the Water System reserves were insufficient to meet revenue requirements.

1.9.3 Other Measures
If the funding mentioned above is not sufficient to compensate for loss of revenue during a water shortage, the City may temporarily suspend components of its operations and maintenance activities.

1.10 Monitoring and Reporting
As described in Section 1.3, the City will track its supplies and project demands annually as part of the Annual Water Supply and Demand Assessment, and, if conditions described in Table 2 are projected, the City will enact its WSCP. Monitoring demands is essential to ensure the WSCP response actions are adequately meeting reductions and decreasing the supply/demand gap.

This will help to analyze the effectiveness of the WSCP or identify the need to activate additional response actions.

The City currently has AMI technology to monitor customer water usage and uses its AMI system to automatically enforce demand reduction measures and restrictions. The AMI system is currently set up to monitor and enforce outdoor watering restrictions. The program monitors customer meter flows against an “excessive use” flowrate, which will vary based on the WSCP stage. The system flags customer meters exceeding the excessive use flowrate during a Appendix J
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day/time outside of permitted outdoor watering hours as excessive use and an incident of water waste. If a customer has one or more incidents of water waste during a month, the customer shall be issued a Notice of Water Waste and, if applicable, be charged fines and penalties. The City may expand this monitoring program in the future to monitor other uses beyond outdoor watering restrictions.

The City can also use the detailed water usage data to monitor customers’ response and demand reduction due to restrictions for each stage in the WSCP. The many restrictions and prohibitions assigned to each stage in Table 3 are inherently flexible so the City can implement certain the restrictions, monitor customer usage, and implement additional restrictions if the demand reductions are not sufficient to close the supply and demand gap. The City also intends to provide reporting to the State based on forthcoming regulations for monthly reporting of water production and other water uses, along with associated enforcement metrics.

1.11 WSCP Refinement Procedures
The City intends to use this WSCP as an adaptive management plan to respond to foreseeable and unforeseeable water shortages. The WSCP is used to provide guidance to the City’s governing body and staff and the public by identifying response actions to allow for efficient management of any water shortage with predictability and accountability. To maintain a useful and efficient standard of practice in water shortage conditions, the requirements, criteria, and response actions need to be continually evaluated and improved on to make sure the WSCP provides the tools to maintain reliable supplies and reduce the impacts of supply shortages.

This 2020 WSCP accounts for the latest analysis of the City’s robust supply portfolio in relation to demand and adjusted percentage reduction stages to reflect a more appropriate supply shortage that should trigger stages. This is a process that should be reevaluated annually and updated as necessary. Potential changes to the WSCP that would warrant an update include any changes to shortage level triggers, changes to the shortage level structure, and changes to the response actions. Any prospective changes to the WSCP would need to be presented at a public hearing; staff would obtain any comments and adopt the updated WSCP. The steps to formally amend the WSCP are discussed in Section 1.13.

Potential refinements will be documented and integrated into the next WSCP update. If new response actions are identified by staff or the public, these could be advertised as voluntary actions until they are formally adopted as mandatory.

1.12 Special Water Feature Distinction
CWC Section 10623 (b) requires that suppliers analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and spas, as defined in subdivision (a) of Section 115921 of the Health and Safety Code. As listed in Table 3 and Section 1.5.1, there are separate requirements for decorative water features — including decorative fountains, lakes, or ponds — and for pools and spas. The City has separate response actions, enforcement actions, and monitoring programs for both decorative water features and pools and spas. Non-pool or non-spa water features may use or be able to use recycled water, whereas pools and spas must use potable water for health and safety considerations. Limitations to pools and spas may require different considerations compared to non-pool or non-spa water features.

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1.13 Plan Adoption, Submittal and Availability
This WSCP update was prepared in tandem with the 2020 UWMP. The City held a public hearing and adopted the 2020 WSCP on July 15, 2021. A copy of the published Notice of Public Hearing is included in Attachment 5 and a copy of the adopting resolution is included in Attachment 6.

Before the public hearing, notices were published notifying the public of the date and time of the hearing.

Once the 2020 WSCP has been adopted, a copy will be submitted to DWR, the State Library, and the County of Fresno. Also, a hard copy will be made available for public reference at the City of Fresno Department of Public Utilities office at City Hall (located at 2600 Fresno Street) and the Water Division office (located at 1910 E. University Avenue). Additionally, an electronic copy will be uploaded to the City of Fresno website1 and made available for public reference.

Based on DWR’s review of the WSCP, the City will make any amendments in its adopted WSCP, as required and directed by DWR. If the City revises its WSCP after the UWMP is approved by DWR, then an electronic copy of the revised WSCP will be submitted to DWR within 30 days of its adoption.
1 www.fresno.gov/Government/DepartmentDirectory/PublicUtilities/Watermanagement/importantdocuments.htm Appendix J
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References
AARC Consultants, LLC. (2020). City of Fresno Department of Public Utilites Risk and Resilience Assessment for the America's Water Infrastructure Act 2018. Fresno, California.

AARC Consultants, LLC. (2020). City of Fresno Water Divsion All Hazards Emergency Response Plan.

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Attachment 1
Preliminary Annual Assessment Template
City of Fresno Current Year: <YEAR>
DWR Annual Water Supply and Demand Assessm Updated: <DATE> Supply and Demand Estimates
Current
Year
Following
Year
Demand Use Type 2021 2022 Notes
Single Family 60,666 61,272 1% annual increase from 2020 Multi-Family 19,030 19,221 1% annual increase from 2020 Commercial 17,141 17,312 1% annual increase from 2020
Industrial 5,786 5,844 1% annual increase from 2020
Landscape 9,583 8,680 1% annual increase from 2020; Reduced by increased recycled water use Other 343 347 1% annual increase from 2020
Losses 9,664 9,760 1% annual increase from 2020
Recycled Water 1,912 2,911 Estimates per 2020 UWMP Table 7-4 M&I Demand Subtotal 124,125 125,347
Operational Buffer (10%) 12,410 12,530 To account for supply and demand uncertainties M&I Demand Total 136,535 137,877
Groundwater Recharge - - No recharge assumed due to low surface water supply availability Total Demand 136,535 137,877
Supply 2021 2022
Groundwater,
Sustainable Yield 73,062 73,644 Sustainable groundwater yield per 2020 UWMP Table 6-1 Groundwater,
Allocated from Storage - - Groundwater in storage built up over time from recharge and reduced pumping; Not used since supply is greater than demand USBR Contract Allocation 17,612 19,025 Current Year: USBR Allocation = 20% plus 5,612 AF of carryover Following Year: Average of "Critical" year per 2020 UWMP Table 6-2 FID Contract Allocation 51,580 61,000 Current Year: FID Kings River Allocation = 26% Following Year: Average of "Critical" year per 2020 UWMP Table 6-3 Recycled Water, RWRF 1,802 2,801 Estimates per 2020 UWMP Table 6-6 Recycled Water, NFWRF 110 110 Estimates per 2020 UWMP Table 6-6 Total Supplies 144,166 156,580
Supply vs. Demand 2021 2022
Supply minus Demand (AF) 7,631 18,703
Supply divided by Demand (%) 106% 114%
DWR ASSESSMENT TABLE TEMPLATE - EXAMPLE VALUES FOR 2021 SHOWN City of Fresno Current Year: <YEAR>
DWR Annual Water Supply and Demand Assessment Updated: <DATE> Water Shortage Stage Comparison
WSCP
Stage
Upper
End
Lower
End
Upper
End
Lower
End
GW, Sustainable Yield 73,062 73,062 M&I 124,125 None 136,500 GW, from Storage Buffer 12,410 Stage 1 0% 10% 136,500 122,900 Surface Water 176,055 69,192 Retail Subtotal 136,535 Stage 2 10% 25% 122,900 102,400 Recycled Water 1,912 1,912 Recharge 0 Stage 3 25% 35% 102,400 88,700 Total 251,029 144,166 Total 136,535 Stage 4 35% 50% 88,700 68,300 Note: Refer to seperate Supply and Demand projections table for assumptions. Stage 5 > 50% 68,300

Reduction

(AFY)
2021 Water Demands (AFY) Water Shortage Stages
WATER SHORTAGE STAGE TEMPLATE - EXAMPLE VALUES FOR 2021 SHOWN Demand
Type
Estimated
Demands
Not Used
Supplies
Projected
Available
Supplies
Maximum
Available
Supplies
2021 Water Supplies (AFY)
73,062 73,062
176,055
69,192
1,912
1,912
251,029
144,166
0 50,000
100,000
150,000
200,000
250,000
300,000
Maximum
Available
Supplies
Projected
Available
Supplies
Acre-Feet per Year (AFY)
Available Supplies, Current Year
Recycled Water
Surface Water
GW, Sustainable
Yield
144,166
0 50,000
100,000
150,000
200,000
250,000
300,000
WSCP Stage
Acre-Feet per Year (AFY)
Available Supply, Current Year vs.

Water Shortage Stages
None
Stage 1
Stage 2
Stage 3
Stage 4
Stage 5
Projected Available
Supplies
I
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Attachment 2
City of Fresno Municipal Code Chapter 6- 520


 














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Appendix J
City of Fresno
July 2021 III
Final
2020 Water Shortage Contingency Plan
Attachment 3
Water Shortage Resolution
OF
t(ee).

O.

RESOLUTION NO 2019-073
WHEREAS, the Urban Water Management Planning Act requires the City of Fresno (City) to describe its water conservation measures within its Water Shortage Contingency Plan (WSCP);
WHEREAS, the City adopted its current WSCP on June 23, 2016, as part of the City’s 2015 Urban Water Management Plan (UWMP);
WHEREAS, the City Council adopted amendments to the WSCP on October 12, 2017;
WHEREAS, in response to water conservation mandates from the State of California and to provide flexibility to its customers, the City has prepared further amendments to the WSCP to update water conservation requirements and watering restrictions in different water conservation stages in the City of Fresno.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:

1. The City hereby adopts the amended Water Shortage Contingency Plan, as attached in Tables 1-3 of Exhibit A herein.

2. Resolution 2018-253 shall be repealed on the effective date of this Resolution.
1 of 2
Resolution No. 2019-073
Date Adopted: 4/11/2019
Date Approved: 4/16/2019
Effective Date: 4/16/2019

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA, TO AMEND THE WATER

SHORTAGE CONTINGENCY PLAN
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STATE OF CALIFORNIA )
11 meeting held on the day of th April , 2019.

By: 422 -C&Asc-( 04/10/19
2 of 2
ABSENT : None
ABSTAIN : None
AYES
NOES

COUNTY OF FRESNO

CITY OF FRESNO
: Arias, Bredefeld, Chavez, Esparza, Soria, Caprioglio
: None
Attachment:

Exhibit A - Revised Water Shortage Contingency Plan, Tables 1-3 Mayor Approval:

Mayor Approval/No Return:

Mayor Veto:

Council Override Vote:

YVONNE SPENCE, MMC CRM
City Clerk
APPROVED AS TO FORM:

DOUGLAS T. SLOAN
City Attorney
April 16th, 2019
N/A, 2019
____ N/A. 2019
____ N/A, 2019
I, YVONNE SPENCE, MMC CRM, 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 ) ss.
)
%%
Amanda B Freeman Date
Senior Deputy City Attorney
By:
/ Deputy
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EXHIBIT A
Revised Water Shortage Contingency Plan
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Table 1: Stages of Water Shortage Contingency Plan (WSCP) 1 10%
2 10-25%
City of Fresno, Water Shortage Contingency Plan, as amended April 2019 2 of 9 Stage Water Supply Condition
Percent
Supply
Reduction
Stage 1 of the Water Shortage Contingency Plan may be triggered by any of the following conditions:
• In the second of two consecutive years, the volume of surface water available to the City through USBR and FID is projected to be less than the long-term average and the reduction in supply, averaged over the consecutive years, is equal to 10% or greater, or
• Groundwater contamination conditions exists (DDW required the City to shut down wells) or a large-scale infrastructure failure occurs that results in a 10% loss in water production capacity, or • Localized groundwater cones of depression develop exceeding historic low water levels and, to avoid possible litigation with responsible parties of point source contaminant plumes, the City must shut down existing wells that result in a 10% loss in groundwater production capacity, or
• A combination of the above mentioned circumstances or a disaster reduced the City's overall water supply or production capabilities by 10% or more.
• After having been in a Stage 2 classification, the following water year results in a declaration by the jurisdictional authority in determining entitlements for the respective surface water supply of normal or above normal water deliveries; or the original trigger for a previous higher stage classification has been rectified to a point that is consistent with the above conditions for this stage.

Stage 2 of the Water Shortage Contingency Plan may be triggered by any of the following conditions:
• In the third of three consecutive years, the projected volume of surface water available to the City through USBR or FID is less than the long term average and the reduction in supply, averaged over the three consecutive years equals 10% or greater, or • The volume of surface water available to the City through FID is reduced by 25% of the long-term average, or
• The volume of surface water available to the City through USBR is reduced by 25% of the long-term average, or
• One-year change in average groundwater level in 30 key City wells exceeds 3 feet or two-year change in average groundwater level in 30 key City wells exceeds 6 feet and exceeds historic low groundwater levels, or
• Groundwater contamination condition exists (DDW requires the City to shut down wells) or a large-scale infrastructure failure occurs that results in a 25% loss in water production capacity, or • A combination of the above mentioned circumstances or disaster reduces the City’s overall water supply or production capabilities )
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25 to 35%3
City of Fresno, Water Shortage Contingency Plan, as amended April 2019 3 of 9 Stage Water Supply Condition
Percent
Supply
Reduction
-a... g°"*s
by 25% or more.
• After having been in a Stage 3 classification, the following water year results in a declaration by the jurisdictional authority in determining entitlements for the respective surface water supply of normal or above normal water deliveries on the Friant-Kern system; or the original trigger for a previous higher stage classification has been rectified to a point consistent with the above conditions for this stage.

Stage 3 of the Water Shortage Contingency Plan may be triggered by any of the following conditions:
• In the fourth of four consecutive years, the projected volume of surface water available to the City through USBR or FID is less than the long term average and the reduction in supply, averaged over the four consecutive years equals 10% or greater, or • The volume of surface water available to the City through FID is reduced by 35% of the long-term average, or
• The volume of surface water available to the City through USBR is reduced by 35% of the long-term average, or
• One-year change in average groundwater level in 30 key City wells exceeds 5 feet or two-year change in average groundwater level in 30 key City wells exceeds 10 feet and exceeds historic low groundwater levels, or
• Groundwater contamination condition exists (DDW requires the City to shut down wells) or a large-scale infrastructure failure occurs that results in a 35% loss in water production capacity, or • A combination of the above mentioned circumstances or disaster reduces the City’s overall water supply or production capabilities by 35% or more.
• After having been in a Stage 4 classification, the following water year results in a declaration by the jurisdictional authority in determining entitlements for the respective surface water supply of normal or above normal water deliveries on the Friant-Kern system; or the original trigger for a previous higher stage classification has been rectified to a point that is consistent with the above conditions for this stage.

A°F*6 Gs—p ♦
4 35 - 50%
City of Fresno, Water Shortage Contingency Plan, as amended April 2019 4 of 9 Stage Water Supply Condition
Percent
Supply
Reduction
Stage 4 of the Water Shortage Contingency Plan may be triggered by any of the following conditions:
• In the fifth of five consecutive years, the projected volume of surface water available to the City through USBR or FID is less than the long term average and the reduction in supply, averaged over the five consecutive years equals 10% or greater, or • The volume of surface water available to the City through FID is reduced by 50% of the long-term average, or
• The volume of surface water available to the City through USBR is reduced by 50% of the long-term average, or
• One-year change in average groundwater level in 30 key wells exceeds 7.5 feet or two-year change in average groundwater level in 30 key City wells exceeds 12 feet and exceeds historic low groundwater levels, or
• Groundwater contamination condition exists (DDW requires the City to shut down wells) or a large-scale infrastructure failure occurs that results in a 50% loss in water production capacity, or • A combination of the above mentioned circumstances or disaster reduces the City’s overall water supply or production capabilities by 50% or more.
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Table 2: Restrictions and Prohibitions on End Uses
a 1-4
b 1-3 Other
c 1-4
d 1-4
e 1-4
f 1-4
g 1-4
City of Fresno, Water Shortage Contingency Plan, as amended April 2019 5 of 9 (#) Stage Additional Explanation or Reference
Restrictions and
Prohibitions
Landscape - Limit
landscape irrigation
to specific times
(Outdoor Water
Use Schedule)
Yes
See Table 3
Yes
See Table 3
Yes
See Table 3
Yes
See Table 3
Yes
See Table 3
Yes
See Table 3
Yes
See Table 3
Penalty
Charge or
Other
Enforcement
Sprinkle or irrigate any yard, ground,
premise, or vegetation unless the watering
device used is controlled by an automatic
shut-off device, or a person is in immediate
attendance of the hose or watering device
Other - Prohibit use
of potable water for
washing hard
surfaces
Prohibit using potable water to irrigate or
water outdoor landscaping in a manner that
causes runoff such that water flows onto
adjacent property, non-irrigated areas,
private and public walkways, roadways,
parking lots or structures
Prohibit car washing except with a bucket
only (a hose equipped with a shut off nozzle
may be used for a quick rinse)
Prohibit irrigation of ornamental turf on
public street medians with potable water,
except where the turf serves a community
or neighborhood function, it’s irrigated
incidentally by an irrigation systems
designed to irrigate trees, or the turf is
irrigated with recycled water
Prohibit irrigating outdoor landscapes with
potable water during and within 48 hours
after measurable rainfall
Landscape -
Prohibit certain
types of landscape
irrigation
Landscape -
Prohibit certain
types of landscape
irrigation
Landscape -
Prohibit certain
types of landscape
irrigation
Prohibit use of potable water to wash
sidewalks, walkways, driveways, parking
lots, open ground or other hard surfaced
areas except where necessary for public
health or safety
Landscape -
Prohibit certain
types of landscape
irrigation
See Outdoor Water Use Schedule, Table
2a.
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ren octh 4 Other Prohibit car washing
1 1-4
j 1-4 Yes
See Table 3
k 1-4
I 4
m 1-4 Yes
See Table 3
n 4 Other No
0 4
City of Fresno, Water Shortage Contingency Plan, as amended April 2019 6 of 9 Yes
See Table 3
Prohibit use of potable water to clean, fill or
maintain decorative fountains, lakes, or
ponds unless such water is reclaimed
Yes
See Table 3
Yes
See Table 3
Yes
See Table 3
Yes
See Table 3
Other - Prohibit use
of potable water for
construction and
dust control
Other - Prohibit
automatic linen
service in hotels
and motels
Other - Restaurants
may only serve
water upon request
Other - Customers
must repair leaks,
breaks, and
malfunctions in a
timely manner
Landscape -
Prohibit certain
types of landscape
irrigation
Prohibit allowing potable water to escape
from breaks within the customer's plumbing
system for more than twenty-four (24) hours
after the customer is notified or discovers
the break
Water Features -
Restrict water use
for decorative water
features, such as
fountains
Prohibit use of potable water for
construction, compaction, dust control,
street or parking lot sweeping, building
wash down where non-potable or recycled
water is sufficient
Prohibit automatically changing towels and
linens in hotels and motels daily. Operators
of hotels and motels shall provide guests
the option of choosing not to have towels
and linens laundered daily
Irrigate landscapes outside of newly
constructed homes and buildings in a
manner inconsistent with regulations or
other requirements established by the
California Building Standards Commission
and the Department of Housing and
Community Development
Prohibit use of potable water for sewer
system maintenance or fire protection
training without prior approval by the City
Manager
No restaurant, hotel, cafe, cafeteria, or
other public place where food is sold is
served or offered for sale, shall serve
drinking water to any customer unless
expressly requested
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q 1-4
1-4r
1-4s
t 4 No
u 4 Other Prohibit Use of Outdoor Misters No
City of Fresno, Water Shortage Contingency Plan, as amended April 2019 7 of 9 Other - Prohibit
vehicle washing
except at facilities
using recycled or
recirculating water
Swimming Pools -
Prohibit draining
swimming pools
more than once
every three years
Yes
See Table 3
Pools and Spas -
Require covers for
pools and spas
Yes
See Table 3
Yes
See Table 3
Swimming Pools -
limit filling (topping
off) established
pools to times and
days permitted by
the Outdoor Water
Use Schedule
Yes
See Table 3
Prohibit filling (topping off) swimming pools
during times when outdoor irrigation is
allowed according to the Outdoor Water
Use Schedule
Prohibit washings cars, boats, trailers,
aircraft, or other vehicles except to wash
such vehicles at commercial or fleet vehicle
washing facilities using water recycling
equipment
Prohibit draining swimming pools more than
once every three years, except as
necessary to complete structural repairs or
to comply with public health standards, as
determined by the County Health Officer
Swimming Pools -
Limit filling new or
refurbished pools by
requiring a pool fill
permit
Require covers for swimming pools when
not in use
Prohibit filling new or refurbished swimming
pools without obtaining a pool fill permit
from the City
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Table 2a: Outdoor Water Use Schedule
Stage
1 2 3 days/week 1 day/week
3 2 days/week 1 day/week
4 1 day/week
City of Fresno, Water Shortage Contingency Plan, as amended April 2019 8 of 9 3 days/week
recommended
1 day/week
recommended
No outdoor
water use
Odd: Tuesday
and Saturday
Summer
(April 1 -
October 31)
Outdoor Water
Use Times
Winter
(November 1
- March 31)
Even
addresses:

Sunday
Even
addresses:

Sunday
Even
addresses:

Sunday
Even
addresses:

Sunday
Winter
Outdoor
Water Use
days
Summer
Outdoor
Water Use
days
Even
addresses:

Wednesday,
Friday, Sunday
Odd
addresses:

Saturday
Odd
addresses:

Saturday
Odd
addresses:

Saturday
Outdoor Water
Use allowed
12:00 AM-9:59
AM & 6:00 PM -
11:59 PM Odd
addresses:

Tuesday,
Thursday,
Saturday
Even:

Wednesday
and Sunday
Odd
addresses:

Saturday
Outdoor Water
Use is prohibited
all days 10:00 AM
- 6:00 PM
Odd
addresses:

Tuesday,
Thursday,
Saturday
Even
addresses:

Wednesday,
Friday, Sunday
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Table 3: Penalties for Incidents of Water Waste
1 $0
2 $25
3 $50
4 $100
5-12 $100
After 6 N/A persons. If water service is terminated for excessive City of Fresno, Water Shortage Contingency Plan, as amended April 2019 9 of 9 Incident Fine Enforcement Schedule Incident
Month
If a customer has more than six consecutive months of
documented water waste incidents, the water service to the customer may be restricted or terminated unless in the
opinion of the Director such restriction or termination would result in an unreasonable risk to the health and safety of violations of the water waste provisions as defined herein, the water service may only be restored upon execution of an agreement with the customer to adhere to the conditions of service described in this section.

The first month an incident of water waste is recorded during the calendar year, the City shall issue a Notice of Water Waste to the customer for the incident observed by City staff or as recorded directly by the City's water meter reading system.

The second month an incident of water waste is recorded is recorded for a customer during the calendar year, the City shall assess a fine of $25 to the customer, and the fine shall be applied to the customer's monthly utility bill.

The third month an incident of water waste is recorded for a customer during the calendar year, the City shall assess a fine of $50 to the customer, and the fine shall be applied to the customer’s monthly utility bill.

The fourth month an incident of water waste is recorded for a customer during the calendar year, the City shall assess a fine of $100 to the customer, and the fine shall be applied to the customer's monthly utility bill.

For the fifth month an incident of water waste is recorded during the calendar year, and every month thereafter for the remainder of the calendar year during which an incident of water waste is recorded, the City shall assess a fine of $100 to the customer, and the fine shall be applied to the
customer’s monthly utility bill.
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April 12, 2019 %%
TO: MAYOR LEE BRAND
FROM:

SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO Thani
APPROVED/NO RE N:

Date:

Lee Brand, Mayor
Date:

LS: d LI HdV HO!
aaAooaa
Ayes
Noes
Absent
Abstain
VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.)
At the City Council meeting of 4/11/19, Council adopted the attached Resolution No. 2019-073, entitled Amending the City of Fresno Water Shortage Contingency Plan. Item No. 3-B (3), File ID19-1472, by the following vote:

Arias, Bredefeld, Caprioglio, Chavez, Esparza, Soria
None
None
None
Council Adoption: 4/11/19
Mayor Approval:

Mayor Veto:

Override Request:

COUNCIL OVERRIDE ACTION:

Ayes
Noes
Absent :

Abstain :

YVONNE SPENCE, MMC
City Clerk
a 1
CT
I C
Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk’s office on or before April 22, 2019. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk’s office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor’s signed approval
301440 2^8313 AllO
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"feooe4s
Appendix J
City of Fresno
July 2021 IV
Final
2020 Water Shortage Contingency Plan
Attachment 4
Fresno County Multi-Jurisdictional Hazard
Mitigation Plan, Annex E: City of Fresno
Reference the complete Fresno County Multi-Jurisdictional Hazard Mitigation Plan online:
https://www.fresno.gov/darm/wp-content/uploads/sites/10/2020/12/FresnoCountyHMPFinal.pdf ANNEX E: CITY OF FRESNO
Fresno County (Fresno) Annex E.1
Multi-Jurisdictional Hazard Mitigation Plan
E.1 Community Profile
Figure E.1 displays a map and the location within Fresno County of the City of Fresno and its Sphere of Influence.

Figure E.1: The City of Fresno
E.1.1 Geography and Climate
The City of Fresno and its Sphere of Influence encompass a 100,400-acre area in central Fresno County. Over the past decade, the City has expanded into the northern, northwestern, and eastern reaches of its Sphere of Influence. Except for the deep channel of the San Joaquin River at the northern boundary of the City, Fresno’s topography is generally level and slopes gently to the southwest. The upper San Joaquin River lies at the City’s northerly boundary and has carved a deep channel, confining the river between steep bluffs that range from 20 to approximately 100 feet in height.
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Waterways
Railroads
Roads
-------- Highways
L.

L.
j Fresno
j Jurisdictions
eee Sphere of Influence
__ I Counties
180) =
Fresno
ls 0 2.5 5 10 Miles
J
amec
foster
wheeler
Map compiled 11/2017;
intended for planning purposes only.

Data source: Fresno County
N
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City of
mmorcenna/e

2. /Polk Ave/
-1
i
Fresno County (Fresno) Annex E.2
Multi-Jurisdictional Hazard Mitigation Plan
Fresno has a Mediterranean climate, averaging over 262 sunny days per year and little or no measurable precipitation from June through September. Annual rainfall typically totals 12-14 inches in episodic events lasting up to a few days at most. Fresno’s prevailing winds are typically light and from the northwest.

Storms with strong weather disturbances (lightning and very agitated winds) may occur from autumn months through the spring, with the strength of the storm dependent upon temperature gradients between moving weather fronts.

Winter mornings in December and January approach freezing but only rarely reach as low as, or below, 32ºF; winter daytime high temperatures almost always approach or exceed 40ºF. Snowfall is an extremely rare and transient phenomenon; the last recorded snowfall in Fresno was ½ inch on December 20, 1998. The Tule fog, a thick ground fog that settles in the San Joaquin Valley from late fall through early spring, is the leading cause of weather-related accidents in California.

In addition to causing visibility issues, “black ice” from precipitated fog may temporarily affect some roadways and bridges during the winter.

Summer daytime peak temperatures are high in Fresno. Some heat waves last over a week with daytime highs well over 100ºF and issuance of health advisories. Summer evenings provide for some cooling of 10-15ºF with the early morning daybreak hours cooling by 20-30ºF, depending on humidity (low humidity allows for more radiant cooling).

Geography and climate combine to create a general accumulation of air pollutants in the San Joaquin Valley (and in the City of Fresno) that occasionally result in unhealthy air quality conditions. Air quality problems are exacerbated by dust storms, human activities (e.g., vehicle emissions and fireplace and wood stove use), atmospheric photochemical processes, and forest fires from local and regional fires. The City has chronically failed to attain some of the national and state ambient air quality standards, but due to the efforts of the California Air Resources Board and the regional San Joaquin Valley Unified Air Pollution Control District, progress toward attainment of ozone (oxidant) and particulate matter standards is being made. Carbon monoxide standards were deemed to have been attained in the 1990s.

E.1.2 History
Development of what today is the City of Fresno began in 1871, when the Central Pacific Railroad chose the Fresno Station for its San Joaquin Valley rail line. The City soon became the County seat and the shipping and distribution hub for the region’s agricultural industry. An economic boom across California in the 1880s helped transform Fresno from a village to a city, and helped drive its incorporation in 1885. Today, the City of Fresno is the center of trade, commerce, finance, and transportation for the San Joaquin Valley.

Fresno County (Fresno) Annex E.3
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E.1.3 Economy
The most comprehensive economic data available for the City of Fresno comes from the U.S.

Census Bureau by way of the American Community Survey (ACS). Select estimates of economic characteristics for the City of Fresno are shown in Table E.1.

Table E.1: City of Fresno’s Economic Characteristics, 2015 Characteristic City of Fresno
Families below Poverty Level 24.4%
All People below Poverty Level 29.8%
Median Family Income $45,806
Median Household Income $41,531
Per Capita Income $19,465
Population in Labor Force 231,332
Population Employed* 198,113
Unemployment 14.3%
Source: U.S. Census Bureau American Community Survey 2011-2015 5-Year Estimates, www.census.gov/ *Excludes armed forces
Tables E.2 and E.3 show how the City of Fresno’s labor force breaks down by occupation and industry based on 5-year estimates from the 2015 American Community Survey.

Table E.2: City of Fresno’s Employment by Occupation, 2015 Occupation # Employed % Employed
Management, Business, Science and Arts Occupations 57,374 29.0 Management, Business, and Financial Occupations (20,767) (10.5) Computer, Engineering, and Science Occupations (6,018) (3.0) Education, Legal, Community Service, Arts, and Media
Occupations (20,262) (10.2)
Healthcare Practitioner and Technical Occupations (10,327) (5.2) Sales and Office Occupations 49,752 25.1
Service Occupations 41,528 21.0
Production, Transportation, and Material Moving Occupations 26,738 13.5 Natural Resources, Construction, and Maintenance Occupations 22,721 11.5 Total 198,113 100.00
Source: U.S. Census Bureau American Community Survey 2011-2015 5-Year Estimates, www.census.gov/ Table E.3: City of Fresno’s Employment by Industry, 2015 Industry # Employed % Employed
Educational Services, and Health Care, and Social Assistance 48,557 24.5 Retail Trade 23,337 11.8
Arts, Entertainment, and Recreation, and Accommodation, and Food Services 20,643 10.4 Professional, Scientific, and Management, and Administrative and Waste Management Services 16,742 8.5
Manufacturing 14,869 7.5
Fresno County (Fresno) Annex E.4
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Industry # Employed % Employed
Public Administration 12,030 6.1
Finance and Insurance, and Real Estate and Rental and Leasing 10,875 5.5 Other Services, Except Public Administration 10,710 5.4 Construction 10,586 5.3
Agriculture, Forestry, Fishing and Hunting, and Mining 10,446 5.3 Transportation and Warehousing, and Utilities 9,476 4.8 Wholesale Trade 7,158 3.6
Information 2,684 1.4
Total 198,113 100.00
Source: U.S. Census Bureau American Community Survey 2011-2015 5-Year Estimates, www.census.gov/ With the depressed real estate and construction market and economic recession toward the end of the 2000-2010 decade, unemployment rates increased to a peak of 18.0 percent in 2010. Since then, the unemployment rate has steadily decreased. The most recent annual data from the State of California Employment Development Department indicates that in 2016 there were 238,400 people in the City of Fresno labor force. Of these, 214,000 were employed; 24,400 were not. The unemployment rate was 10.2 percent.

E.1.4 Population
According to the California Department of Finance, Fresno’s population was estimated to be 520,778 in 2016. Select demographic and social characteristics for the City from the U.S. Census Bureau’s 2015 American Community Survey 5-year estimates are shown in Table E.4.

Table E.4: City of Fresno’s Demographic and Social Characteristics, 2015* Characteristic City of Fresno
Gender/Age
Male 49.2%
Female 50.8%
Median age 30.0
Under 5 years 8.9%
Under 18 years 29.5%
65 years and over 9.9%
Race/Ethnicity**
White 52.2%
Asian 13.0%
Black or African American 7.9%
American Indian/Alaska Native 1.1%
Hispanic or Latino (of any race) 48.5%
Education
High school graduate or higher 75.2%
Disability Status
Population 5 years and over 11.75%
Source: U.S. Census Bureau American Community Survey 2011-2015 5-Year Estimates, www.census.gov/ *Based on a 2015 estimated population of 510,451
**Of the 95.4% reporting one race
Fresno County (Fresno) Annex E.5
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For information about how some of these demographics affect social vulnerability and how they compare to other Fresno County jurisdictions, California, and the United States, see “Social Vulnerability” in Section 4.3.1 Fresno County Vulnerability and Assets at Risk of the main plan.

A more in-depth look at the population of the City of Fresno, including the City’s special needs populations, is available in the City of Fresno General Plan 2015-2023 Housing Element commissioned by the City of Fresno Development and Resource Management Department and prepared by MIG, Inc (available at www.fresno.gov/housingelement).

E.2 Hazard Identification and Summary
The City of Fresno’s planning team identified the hazards that affect the City and summarized their frequency of occurrence, spatial extent, potential magnitude, and significance specific to Fresno (see Table E.5). In the context of the plan’s planning area, there are no hazards unique to Fresno.

Table E.5: City of Fresno—Hazard Summaries
Hazard Geographic
Extent
Probability of Future
Occurrences
Magnitude/
Severity Significance
Agricultural Hazards Limited Highly Likely Critical Low Avalanche N/A N/A N/A N/A
Dam Failure Significant Unlikely Limited Medium
Drought Significant Likely Critical High
Earthquake Extensive Occasional Critical Medium
Flood/Levee Failure Significant Occasional Critical High Hazardous Materials Incident Significant Likely Critical High Human Health Hazards:

Epidemic/Pandemic Extensive Occasional Critical Medium
West Nile Virus Limited Highly Likely Negligible Low
Landslide Limited Unlikely Negligible Low
Severe Weather
Extreme Cold/Freeze Significant Occasional Negligible Low Extreme Heat Extensive Highly Likely Limited Medium
Fog Extensive Likely Limited Medium
Heavy Rain/Thunderstorm/
Hail/Lightning Extensive Highly Likely Limited Low
Tornado Extensive Occasional Negligible Low
Windstorm Extensive Likely Limited Medium
Winter Storm Extensive Highly Likely Negligible Low
Soil Hazards:

Erosion No Data Likely No Data Low
Expansive Soils No Data Occasional No Data Low
Land Subsidence Limited Occasional No Data Low
Volcano Extensive Unlikely Negligible Low
Wildfire Extensive Highly Likely Critical Medium
Geographic Extent
Limited: Less than 10% of planning area
Significant: 10-50% of planning area
Extensive: 50-100% of planning area
Magnitude/Severity
Catastrophic—More than 50 percent of property severely damaged; shutdown of facilities for more than 30 days; and/or multiple deaths Fresno County (Fresno) Annex E.6
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Probability of Future Occurrences
Highly Likely: Near 100% chance of occurrence in
next year, or happens every year.

Likely: Between 10 and 100% chance of occurrence
in next year, or has a recurrence interval of 10 years
or less.

Occasional: Between 1 and 10% chance of
occurrence in the next year, or has a recurrence
interval of 11 to 100 years.

Unlikely: Less than 1% chance of occurrence in next
100 years, or has a recurrence interval of greater than every 100 years.

Critical—25-50 percent of property severely damaged; shutdown of facilities for at least two weeks; and/or injuries and/or illnesses result in permanent disability
Limited—10-25 percent of property severely damaged; shutdown of facilities for more than a week; and/or injuries/illnesses treatable do not result in permanent disability
Negligible—Less than 10 percent of property severely damaged, shutdown of facilities and services for less than 24 hours; and/or injuries/illnesses treatable with first aid
Significance
Low: minimal potential impact
Medium: moderate potential impact
High: widespread potential impact
E.3 Vulnerability Assessment
The intent of this section is to assess the City of Fresno’s vulnerability separate from that of the planning area as a whole, which has already been assessed in Section 4.3 Vulnerability Assessment in the main plan. This vulnerability assessment analyzes the population, property, and other assets at risk to hazards ranked of medium or high significance that may vary from other parts of the planning area.

The information to support the hazard identification and risk assessment for this Annex was collected through a Data Collection Guide, which was distributed to each participating municipality or special district to complete during the original outreach process in 2009.

Information collected was analyzed and summarized in order to identify and rank all the hazards that could impact anywhere within the County, as well as to rank the hazards and identify related vulnerabilities unique to each jurisdiction. In addition, the City of Fresno’s HMPC team members were asked to validate the matrix that was originally scored in 2009 based on the experience and perspective of each planning team member relative to the City of Fresno.

Each participating jurisdiction was in support of the main hazard summary identified in the base plan (See Table 4.1). However, the hazard summary rankings for each jurisdictional annex may vary slightly due to specific hazard risk and vulnerabilities unique to that jurisdiction (See Table E.5). Identifying these differences helps the reader to differentiate the jurisdiction’s risk and vulnerabilities from that of the overall County.

Note: The hazard “Significance” reflects overall ranking for each hazard, and is based on the City of Fresno’s HMPC member input from the Data Collection Guide and the risk assessment developed during the planning process (see Chapter 4 of the base plan), which included a more detailed qualitative analysis with best available data.

The hazard summaries in Table E.5 reflect the hazards that could potentially affect the City. Those of Medium or High significance for the City of Fresno are identified below. The discussion of vulnerability for each of the following hazards is located in Section E.3.2 Estimating Potential Fresno County (Fresno) Annex E.7
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Losses. Based on this analysis, the priority hazards (High Significance) for mitigation include drought, flood/levee failure, and hazardous materials incidents. • dam failure
• drought
• earthquake
• epidemic/pandemic
• extreme heat
• flood/levee failure
• fog
• hazardous materials incidents
• wildfire
• windstorm
Other Hazards
Hazards assigned a Significance rating of Low and which do not differ significantly from the County ranking (e.g., Low vs. High) are not addressed further in this plan, and are not assessed individually for specific vulnerabilities in this section. In the City of Fresno, those hazards ranked Low are as follows:
• agricultural hazards*
• human health hazards: West Nile Virus
• landslide
• severe weather: heavy rain/thunderstorm/hail/lightning, tornado • soil hazards
• volcano
• extreme cold
• winter storm
Note on Agricultural Hazards*: Agricultural hazards are ranked Low in the City of Fresno than for the County overall (ranked High) because very little land in the City is used for agricultural purposes.

Additionally, the City’s Committee members decided to rate several hazards as Not Applicable (N/A) to the planning area due to a lack of exposure, vulnerability, and no probability of occurrence. Avalanche is considered Not Applicable (N/A) to the City of Fresno.

E.3.1 Assets at Risk
This section considers Fresno’s assets at risk, including values at risk; critical facilities and infrastructure; historic, cultural, and natural resources; economic assets; and growth and development trends.

Values at Risk
The following data on property exposure is derived from the Fresno County 2017 Parcel and Assessor data. This data should only be used as a guideline to overall values in the City as the Fresno County (Fresno) Annex E.8
Multi-Jurisdictional Hazard Mitigation Plan
information has some limitations. The most significant limitation is created by Proposition 13.

Instead of adjusting property values annually, the values are not adjusted or assessed at fair market value until a property transfer occurs. As a result, overall value information is likely low and does not reflect current market value of properties. It is also important to note that in the event of a disaster it is generally the value of the infrastructure or improvements to the land that is of concern or at risk. Generally, the land itself is not a loss. Table E.6 shows the 2017 values at risk broken down by property type for the City of Fresno.

Table E.6: 2017 Property Exposure for the City of Fresno by Property Type Property Type Parcel
Count
Building
Count Improved Value Content Value Total Value
Agricultural 76 53 $2,887,304 $2,887,304 $5,774,608
Commercial 6,110 24,004 $5,471,778,084 $5,471,778,084 $10,943,556,168 Exempt 1,012 3,881 $0 $0 $0
Industrial 2,575 5,630 $1,420,216,900 $2,130,325,350 $3,550,542,250 Multi-Residential 5,793 52,504 $2,416,885,833 $1,208,442,917 $3,625,328,750 Open Space 1 1 $150,882 $150,882 $301,764
Residential 113,468 117,771 $15,122,142,902 $7,561,071,451 $22,683,214,353 Unknown 2 2 $530,082 $530,082 $1,060,164
Total 129,037 203,846 $24,434,591,987 $16,375,186,070 $40,809,778,057 Source: Fresno County 2017 Parcel and Assessor data
Since the 2009 Plan, the City of Fresno has experienced notable increases in agricultural, commercial, and residential properties and property values at risk. Compared to improved values from the Fresno County Assessor’s Office’s 2007 Certified Roll Values, agricultural improved value has increased by 254.2 percent, commercial improved value has increased by 299.8 percent and total residential improved value has increased by 265.8 percent. Part of this dramatic increase in exposure of commercial and residential properties can be attributed to annexations of previously unincorporated County land that have occurred within the last decade.

Critical Facilities and Infrastructure
A critical facility may be defined as one that is essential in providing utility or direction either during the response to an emergency or during the recovery operation. An inventory of critical facilities in the City of Fresno from Fresno County GIS is provided in Table E.7 and mapped in Figure E.2.

Fresno County (Fresno) Annex E.9
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Table E.7: City of Fresno’s Critical Facilities
Critical Facility Type Number
Airport 3
Behavioral Health 4
CalARP 28
Colleges & Universities 14
Communications 1
County Government 4
Courthouse 1
Daycare 155
Department of Agriculture 2
Department of Public Health 4
Department of Public Works 1
Department of Social Services 9
Detention Center 4
District Attorney 2
Fire Station 21
General Services 3
Health Care 12
Nursing Home 27
Police 10
School 183
Sheriff 3
Supplemental College 4
Urgent Care 4
Total 499
Source: Fresno County, HIFLD 2017
Fresno County (Fresno) Annex E.10
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Figure E.2: City of Fresno’s Critical Facilities
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Multi-Jurisdictional Hazard Mitigation Plan
The list of specific critical facilities and community assets is maintained by the City of Fresno Police Department. The Fresno Urban Area Critical Infrastructure List is considered confidential and may be accessed through the Fresno Police Department Homeland Security Division.

Historic, Cultural, and Natural Resources
Historic and Cultural Sites
The Cultural Resource Facility located on the California State University, Bakersfield campus maintains a database, maps, and descriptive surveys of prehistoric sites in the Fresno area. Details of the locations are kept confidential due to the risk of theft or vandalism of artifacts. The general location of these sites is along the San Joaquin River and its bluffs, where permanent Native American settlements were established near a permanent water supply and seasonal salmon fishery.

The City of Fresno maintains a local official register of historic resources (available from the historic preservation officer in the City’s Planning and Development Department). There are approximately 284 properties on the register. Twenty-one of the properties were demolished or destroyed by fire after being placed on the list, and three other properties have been relocated to sites outside the City of Fresno. The local register includes 31 properties that are on the National Register of Historic Places (see Table E.8).

Table E.8: City of Fresno’s Properties on the National Register of Historic Places Property Name Address Date
Listed
Azteca Theater 836-840 F Street 4/21/2017
Bank of Italy 1015 Fulton Mall 10/29/1982
Brix, H. H., Mansion 2844 Fresno Street 9/15/1983
Einstein House 1600 M Street 1/31/1978
Forestiere Underground Gardens 5021 W. Shaw Avenue 10/28/1977 Fresno Bee Building 1555 Van Ness Avenue 11/1/1982
Fresno Brewing Company Office and Warehouse 100 M Street 1/5/1984 Fresno County Hall of Records 2281 Tulare Street 12/22/2011 Fresno Memorial Auditorium 2425 Fresno Street 5/10/1994 Fresno Republican Printery Building 2130 Kern Street 1/2/1979 Fresno Sanitary Landfill West and Jensen Avenues 8/7/2001 Holy Trinity Armenian Apostolic Church 2226 Ventura Street 7/31/1986 Hotel Californian 851 Van Ness Avenue 4/21/2004
Kearney, M. Theo, Park and Mansion 7160 Kearney Boulevard 3/13/1975 Kindler, Paul, House 1520 E. Olive Avenue 10/29/1982
Maulbridge Apartments 2344 Tulare Street 5/6/1982
Meux House 1007 R Street 1/13/1975
Old Administration Building, Fresno City College 1101 University Avenue 5/1/1974 Old Fresno Water Tower 2444 Fresno Street 10/14/1971
Pantages, Alexander, Theater 1400 Fulton Street 2/23/1978 Physicians Building 2607 Fresno Street 11/20/1978
Fresno County (Fresno) Annex E.12
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Property Name Address Date
Listed
Rehorn House 1050 S Street 1/8/1982
Romain, Frank, House 2055 San Joaquin Street 1/11/1982
San Joaquin Light & Power Corporation Building 1401 Fulton Street 1/3/2006 Santa Fe Hotel 935 Santa Fe Avenue 3/14/1991
Santa Fe Passenger Depot 2650 Tulare Street 11/7/1976
Southern Pacific Passenger Depot 1033 H Street 3/21/1978 Tower Theatre 1201 N. Wishon Avenue 9/24/1992
Twining Laboratories 2527 Fresno Street 3/26/1991
Warehouse Row 722, 744, and 764 P Street 3/24/1978
YWCA Building 1660 M Street 9/21/1978
Source: National Register of Historic Places, www.nps.gov/nr/ Other historic resources in the City of Fresno include the following historic districts:
• The Porter Tract Historic District (45 homes)
• The Chandler Field/Fresno Municipal Airport Historic District (four historic structures) • The Wilson Island Historic District (78 homes)
• The Huntington Boulevard Historic Districts (81 homes) As comprehensive as the City’s register may be, it does not include all properties in the City with potential historic or cultural significance. The list is continually being expanded as sites are discovered through routine analysis of proposed development areas and through proposed new listings of historic districts. The pool of potentially historic properties also changes through time, since federal law provides for a 50-year retrospective review, which now encompasses the postWorld War II building boom era. Ten properties that were recommended for the City’s register but were denied inclusion by the Fresno City Council are still recognized for their historic/cultural significance (heritage properties), which is taken into account when any actions are undertaken on them pursuant to provisions of the California Environmental Quality Act. (Three of these properties have been since been demolished.)
While a detailed assessment of seismic and flood risks for the listed properties in Fresno is currently beyond the available staff resources of the City’s Historic Preservation Office, it can be generally assumed that most of the structures have not been seismically reinforced and that their masonry is vulnerable to strong ground shaking.

While many of the structures are in Fresno’s old downtown and were built when this area was largely within the 100-year floodplain of the Fresno Stream Group, efforts by the Fresno Metropolitan Flood Control District in conjunction with the U.S. Army Corps of Engineers and the City of Fresno have provided for flood detention structures and ponding basins that have greatly reduced the size and extent of the floodplain in the downtown, helping to preserve these historic resources.

Fresno County (Fresno) Annex E.13
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Natural Resource Areas
San Joaquin River Corridor
While the City maintains many community and neighborhood parks, its natural resources are primarily along the San Joaquin River. Owing to the year-round presence of water, the river bottom and bluffs host the richest aquatic and riparian forest biota in the City. It is in this area where migratory waterfowl and federally and state-listed endangered wildlife are most likely be encountered. These species include the valley elderberry longhorn beetle, the giant garter snake, and the American bald eagle (recently recommended for delisting from the National Endangered Species list).

Over past decades, land in the river corridor has been purchased and aggregated by state agencies (Department of Fish and Game, San Joaquin River Conservancy), by nonprofit groups (San Joaquin River Parkway Trust, Fresno Sportsmen’s Club), and by the City and County (the City’s Woodward Park and Milburn Unit, the County’s Lost Lake Park). The ultimate goal of the San Joaquin River Conservancy Plan is to fashion a regional parkway with continuity of wildlife corridors and to manage it for joint recreational, habitat conservation, and floodplain protection uses.

Due to its location, this natural resource area is flood-prone. In some areas, this risk has been increased due to removal of massive amounts of sand and gravel (from mining), which lowered the ground surface over past decades. While the native riparian plants and animals have largely evolved with coping mechanisms for periodic severe flooding, any developed recreation facilities would be at risk. The face of the bluff is also very vulnerable to wildfire because of its vegetative overgrowth and nearly vertical slopes. Fire prevention efforts are difficult here because the soils are too unstable for vegetative removal projects or for irrigation that would keep the plants wellwatered.

Vernal Pool Areas
In the northerly parts of the City, outside the river corridor, certain clay soils have the capacity to form impermeable hardpans and layers that do not allow rapid percolation of rainwater. During the rainy season, shallow vernal pools form that are populated by a host of specialized plants and animals. Many species associated with vernal pools are federally and state-listed species (e.g., the California tiger salamander, various types of fairy shrimp crustaceans, orcutt grass, button celery species, meadowfoam, and owl clover). Vernal pools are also heavily utilized by nonlisted species, such as migratory waterfowl, rodents, furbearing predators, and raptors that prey on other animals.

Wildfire is not considered a major risk to these natural communities, because they evolved with dry season fires as a common occurrence (the plants have very resistant seeds and the crustaceans and amphibians go into protected parts of their life cycles such as deep dormancy). Human encroachment through agriculture and land development is the greatest risk to vernal pool areas.

If the clay layers are disrupted by “deep ripping” plowing, water cannot accumulate on the surface and the pools will not form. If the land is subjected to year-round irrigation, specially adapted Fresno County (Fresno) Annex E.14
Multi-Jurisdictional Hazard Mitigation Plan
vernal pool species will be out-competed by other species. Conversion of land to urban development with structures, paving, lawns, pets, and people will destroy vernal pool natural communities.

Economic Assets
The City of Fresno’s economic sector includes both private and public entities that have been compiled into clusters in order to identify key economic assets. These ten clusters, known as the Regional Job Initiative (RJI) clusters, are Advanced Manufacturing, Clean Energy, Construction, Food Processing, Healthcare, Info Processing (Call Centers, Logistics, and Distribution), Software Development, Tourism, and Water Technology. Among these clusters are major employers like Saint Agnes, Pelco, Gottschalks, and Ruiz Foods that both boost Fresno’s economic growth and provide employment opportunities.

If a disaster struck the City, it could have a severe impact on Fresno’s economic assets. Sectors of greatest concern include all the RJI clusters, but in particular Food Processing, which includes the agricultural industry, and Healthcare.

Growth and Development Trends
The City of Fresno is growing at a rapid pace. Its expansion from incorporation in 1885 to the present day (August 2017) is illustrated in Figure E.3. Even more growth is anticipated in the years to come, based on current trends.

Table E.9 illustrates how the City has grown in terms of population and number of housing units between 2011 and 2017 alone.

Table E.9: City of Fresno’s Change in Population and Housing Units, 2011-2017 2011
Population
2017 Population
Estimate
Estimated
Percent Change
2011-2017
2011 # of
Housing Units
2017 Estimated #
of Housing Units
Estimated
Percent Change
2011-2017
498,664 525,832 +5,49 172,171 178,819 +3.86
Source: California Department of Finance, www.dof.ca.gov/Forecasting Fresno County (Fresno) Annex E.15
Multi-Jurisdictional Hazard Mitigation Plan
Figure E.3: City of Fresno’s Annexation History
Source: City of Fresno Development Department. This map is believed to be an accurate representation of the City of Fresno GIS data, however, we make no warranties either expressed or implied for the correctness of this data.

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4. Fresno County (Fresno) Annex E.16
Multi-Jurisdictional Hazard Mitigation Plan
By December 31, 2035 (the “Horizon” year of the most recent Fresno General Plan), it is estimated that 771,000 people will reside in the Fresno Metropolitan Area (which would include County islands and areas inside the City’s Sphere of Influence but not yet annexed). This figure of 771,000 would be 64 percent of the projected 2035 Fresno County population of 1,201,416 (State of California Department of Finance population projections).

As of August of 2017, the City of Fresno comprised 115.3 square miles of annexed (incorporated) land within its 161.8-square mile Sphere of Influence. Development had reached the natural and political northerly boundary of the City, the San Joaquin River, and began expanding to the west and southeast through conversion of rural residential and agricultural land. Within the Sphere of Influence, there continued to be “County islands” and partially urbanized fringe areas. An urban unification annexation program may reduce the numbers and sizes of these enclaves in the coming decade.

The Fresno General Plan made a concerted effort to revitalize the City’s downtown by balancing new growth areas to geographically recenter the downtown. With construction of a major sewer trunk along the Grantland Avenue alignment and proposed construction of new wastewater and water treatment plants in the southeastern area, the City’s future growth is expected to concentrate primarily to the west and southeast.

The Fresno Metropolitan Flood Control District (FMFCD) has commenced major flood control facility construction on Fancher Creek in the eastern portion of the City’s Sphere of Influence.

Since the Fresno General Plan was completed in December 2014, the FMFCD will compile technical studies and update its master service plan in conjunction with the City’s land use plan for this new growth area.

The Fresno General Plan also directed that new development be more compact and that singlefamily residential densities be higher than the City’s traditional 4± dwelling units/acre pattern for subdivisions. The recently adopted Fulton Corridor Specific Plan and Downtown Neighborhoods Community Plan and other plan amendments and projects in process (and proposed in the future) feature smaller lots, multi-story housing, multi-family units, and reduced setbacks.

Unless the cost of manufactured housing units would provide a substantial savings over site-built homes, it is not expected that the proportion of manufactured housing in the City of Fresno will greatly increase. It is possible that there will be some increase as producers of these units create models with appropriate roof pitches and other features to meet the City’s design review standards.

More information about the City of Fresno’s growth and current housing stock is available in the City of Fresno General Plan 2015-2023 Housing Element commissioned by the City of Fresno Development and Resource Management Department and prepared by MIG, Inc (available at www.fresno.gov/housingelement). More general information on growth and development in Fresno County as a whole can be found in “Growth and Development Trends” in Section 4.3.1 Fresno County Vulnerability and Assets at Risk of the main plan.

Fresno County (Fresno) Annex E.17
Multi-Jurisdictional Hazard Mitigation Plan
E.3.2 Estimating Potential Losses
Note: This section details vulnerability to specific hazards, where quantifiable, and/or where (through HMPC member input) it differs from that of the overall County.

Table E.6 above shows Fresno’s exposure to hazards in terms of number and value of structures.

Fresno County’s parcel and assessor data was used to calculate the improved value of parcels. The most vulnerable structures are those in the floodplain (especially those that have been flooded in the past), unreinforced masonry buildings, and buildings built prior to the introduction of modern day building codes. No further information on vulnerable structures is available. Impacts of past events and vulnerability to specific hazards are further discussed below (see Section 4.1 Hazard Identification for more detailed information about these hazards and their impacts on Fresno County).

Agricultural Hazards
Agricultural hazards are ranked with a Low significance in the City of Fresno; lower than for the County overall (ranked High) because very little land in the City is used for agricultural purposes.

Agricultural losses due to hazard events have greater economic impact on the small communities and rural areas of the County than on the City of Fresno. However, ornamental and garden plants in the City, and pets and incidental livestock kept within City limits, may become involved in any countywide responses to crop pests or infectious agents, because these urban plants and animals provide reservoirs for the diseases and crop pests that threaten the County’s agriculture.

Dam Failure
The National Inventory of Dams lists five dams located in the City of Fresno, including the Redbank Creek Detention basin, Fancher Creek Detention, Friant Millerton Road Embankment A, Redbank, and Friant Dike 3.

Drought
Annual rainfall in the City of Fresno is typically 12-14 inches. This makes the region vulnerable to episodic drought and to chronic drawdown of aquifer levels (the U.S. Environmental Protection Agency has designated the groundwater below Fresno as a sole source aquifer). Water in this aquifer has historically flowed through permeable strata from north and northeast toward the south and west, but the aquifer has been so affected by drawdown that a “cone of depression” has been created, reversing the historic flow directions (the “groundwater gradient”) in portions of west and south Fresno.

In the last 10 years the City of Fresno has made strides to reduce dependence on groundwater by setting a course to implement water plans, which include the Urban Water Management Plan, Recycled Water Waster Plan, and the recently adopted Water Capital Program. A surface water treatment plant is currently under construction in Southeast Fresno and should be completed by 2018. When operational, the plant will maximize use of Fresno’s surface water allocations during Fresno County (Fresno) Annex E.18
Multi-Jurisdictional Hazard Mitigation Plan
normal years and allow the City to reduce overuse of groundwater. Recycled water use will also grow in Fresno with the new recycled water mains now being constructed. The City has plans to use 25,000 acre-feet per year of recycled water for irrigating open spaces, parks, street medians and golf courses.

Earthquake
The seismic hazard in the City of Fresno is low relative to California coastal and mountain communities and is lower than in the Sierra and western areas of Fresno County. There are no known earthquake faults underlying Fresno, and the City has never been the epicenter of a known seismic event. However, Fresno is considered to have a moderate risk of earthquake damage due to the presence of major fault systems to the west, south, and east and due to Fresno’s large population and number of buildings, critical facilities, and infrastructure and other development that could be vulnerable to more severe ground shaking.

Historically, Fresno has sustained very little damage from major earthquakes occurring on California’s major faults: the Owens Valley earthquake of 1872 toppled an unreinforced masonry (brick) church steeple. More recent major earthquakes in the past four decades (with epicenters near Coalinga and the Bay Area) have resulted in perceptible tall building swaying in Fresno, minor injuries (attributable to shelved items falling), and slight damage (e.g., minor cracked plaster, etc.). To date, no soil liquefaction has been observed in Fresno from any seismic event.

The most serious impacts of an earthquake in Fresno would probably arise from damage to large dams in the Sierra Nevada on the upper reaches of the San Joaquin River very close to active Long Valley Caldera-related faults. Should either of the two most easterly (and largest) dams in this area be severely damaged or breached, the resulting sequential dam failures could cause floodwaters to overtop Friant Dam northeast of the City. While the dam failure inundation map for Friant shows that most of the flooded area would be expected in the northwest part of town (where the confining river bluffs are not as high), there are some residences and important infrastructure in the river channel itself that would be inundated and gravely damaged (or destroyed), including highway bridges and the inlet of the Friant-Kern Canal, which supplies Bureau of Reclamation surface water to the Fresno area and to other communities in the southern San Joaquin Valley.

Epidemic/Pandemic
Fresno’s population includes many residents who have limited access to health care, with causes related to low household income levels, lack of insurance coverage, a limited number of primary health care facilities and acute care beds, a low ratio of public health and medical professionals to population, and language barriers. Highly communicable diseases tend to affect a large percentage of the City, perhaps due to large household size and the mobility of the population. If a highly communicable disease outbreak occurred that caused serious or life-threatening illness for most infected persons, health care and other public service systems would experience disruption or breakdown and would require outside intervention with resources from other communities, the state, or the federal government.

Fresno County (Fresno) Annex E.19
Multi-Jurisdictional Hazard Mitigation Plan
Extreme Cold/Freeze
Freeze events occur occasionally in Fresno, but impacts are greater to the agriculture industry in the County than to the City. In January 2007, overnight minimum temperatures fell below freezing between January 6 and 10. The event led to a presidential disaster declaration due to the estimated $710 million in agricultural damage in the Central and South Valley. The 2007 event occurred in another eight-year interval after the devastating citrus freezes of 1998 and 1990. The event caused frozen pipes in Fresno but little other property damage. The City also has a plan for freezing temperature events and opens warming centers. These centers are primarily geared toward the homeless population.

Extreme Heat
Fresno uses a local version of the California State Plan for Extreme Heat. This plan was used during the extreme heat event during the summer of 2006 and worked well. The City operates cooling centers, which are primarily geared toward the homeless. Public notification for extreme heat events is conducted through the Public Affairs office in coordination with Fresno County.

Expansive Soils
These types of soils occur in northern Fresno in the far northeastern portions of its Sphere of Influence (in the “Copper River” area). Expansive clay soils can cause cavitation over time and require special construction standards for foundations.

Flood
As noted in the preceding section, there is some flood risk to the City from San Joaquin River major dam failure inundation, but the more common flood risk, repetitively experienced in Fresno, is that of shallow “sheet” flooding from major precipitation events. Except for the San Joaquin River, streams in the Fresno-Clovis Metropolitan Area originate in the Sierra foothills to the east and extend into the valley floor west of State Route 99 by way of dual-use irrigation and storm runoff channels and disperse into numerous smaller irrigation canals. Overflow from these canals and urban stormwater from intense precipitation events is sent back to the San Joaquin River or to farmland southwest of Fresno via spillway channels.

In the City of Fresno, these canals and channels are under control of the Fresno Irrigation District, an independent public agency, but their use during storm events is shared by another independent district, the Fresno Metropolitan Flood Control District (FMFCD). The FMFCD was created to develop flood control facilities to prevent further repetitive losses created by the Fresno Stream Group and to provide an urban drainage network. This District is responsible for administering a Storm Drainage and Flood Control Master Plan. The City’s municipal code supports these efforts by including a Drainage Fee Ordinance to ensure that grading and development comply with the FMFCD’s Master Plan and standards and provide proportionate shares of storm drain and ponding basin infrastructure.

Fresno County (Fresno) Annex E.20
Multi-Jurisdictional Hazard Mitigation Plan
The City of Fresno’s Floodplain Ordinance further coordinates and supports FMFCD efforts. This ordinance and the Fresno General Plan Safety Element policies require conformance to FEMA floodplain management policies and to those of California’s Central Valley Flood Prevention Board (which regulates the designated floodway along the San Joaquin River channel). Still, in areas not completely developed to urban standards, areas where the urban drainage network is not yet completed, and in some County “island” areas (land within the City that the County has authority over), stormwater drainage facilities may not prevent localized shallow flooding during intense runoff events.

According to FEMA’s 2016 Flood Insurance Study (FIS), the following major canals and ditches run through the City:
• Central Canal flows southwest through the southeastern part of the City of Fresno. • Dry Creek Canal begins at the confluence of Mill Ditch and Herndon Canal, just downstream of North Millbrook Avenue, and flows southwest through the southwestern portion of the City. • Fancher Creek Canal flows southwest along the eastern corporate limits of the City of Fresno and joins Central Canal at the southeast corner of the City. • Herndon Canal begins at the confluence of Mill Ditch and Dry Creek Canal. It flows west through the center of the City of Fresno, then flows northwest through the northwestern part of the City.
• Mill Ditch flows west along East McKinley Avenue to its confluence with Herndon and Dry Creek Canals.

The FIS details the City of Fresno’s flood history as follows:

In February 1884, flood flows from streams of the Fresno-Clovis group inundated the business section of the City of Fresno. Frequent flooding was a problem in the City throughout the 1880.

Suburban areas of the City were flooded in spring 1920; the downtown area was inundated in 1923; flooding occurred in the Fig Garden area in 1936; and parts of the City, especially in the northeast section, were flooded in March 1938. Since the 1938 flood, which had an estimated discharge of 2,700 cubic feet per second (cfs) on Dry Creek at the Big Dry Creek Dam site, high flows occurred on that stream in December 1955 (3,800 cfs), January 1969 (5,700 cfs), and February 1969 (4,500 cfs). During December 1955, approximately 500 acres of agricultural and suburban land were flooded by overflow from irrigation canals, and damage, mostly to public facilities, totaled approximately $50,000. The largest and most damaging flood period was January and February 1969, when the combined discharges of Dry, Dog, Redbank, Fancher, and Mud Creeks flooded an estimated 14,500 acres and caused almost $4.7 million in damage. Most of the flooding was in the eastern and northeastern parts of the City. It occurred because many of the streams in the Fresno-Clovis group discharged floodwater into various irrigation canals, causing them to overflow.

Fresno County (Fresno) Annex E.21
Multi-Jurisdictional Hazard Mitigation Plan
Values at Risk
Following the methodology described in Section 4.3.2 Vulnerability of Fresno County to Specific Hazards, a flood map for the City of Fresno was created (see Figure E.4). Tables E.10 and E.11 summarize the values at risk in the City’s 100-year and 500-year floodplain, respectively. These tables also detail loss estimates for each flood.

Fresno County (Fresno) Annex E.22
Multi-Jurisdictional Hazard Mitigation Plan
Figure E.4: City of Fresno’s 100- and 500-Year Floodplains Fresno FEMA Flood Hazards
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Fresno County (Fresno) Annex E.23
Multi-Jurisdictional Hazard Mitigation Plan
Table E.10: City of Fresno’s FEMA 1% Annual Chance Flood Hazard by Property Type Property Type Parcel
Count
Building
Count Improved Value Content Value Total Value Loss Estimate Agricultural 1 0 $60,933 $60,933 $121,866 $30,467
Commercial 23 210 $6,222,246 $6,222,246 $12,444,492 $3,111,123 Exempt 29 35 $0 $0 $0 $0
Industrial 70 107 $30,681,072 $46,021,608 $76,702,680 $19,175,670 Multi-Residential 11 84 $2,529,983 $1,264,992 $3,794,975 $948,744 Residential 97 120 $23,269,875 $11,634,938 $34,904,813 $8,726,203 Total 231 556 $62,764,109 $65,204,716 $127,968,825 $31,992,206 Sources: Fresno County 2017 Parcel and Assessor data; FEMA 2009 FIRM Table E.11: City of Fresno’s FEMA 0.2% Annual Chance Flood Hazard by Property Type Property Type Parcel
Count
Building
Count Improved Value Content Value Total Value Loss Estimate Agricultural 29 29 $746,974 $746,974 $1,493,948 $373,487 Commercial 2,814 9,030 $1,574,492,657 $1,574,492,657 $3,148,985,314 $787,246,329 Exempt 381 1,404 $0 $0 $0 $0
Industrial 745 1,435 $309,126,790 $463,690,185 $772,816,975 $193,204,244 Multi-Residential 2,299 20,013 $797,001,401 $398,500,701 $1,195,502,102 $298,875,525 Residential 31,581 32,817 $2,677,387,750 $2,677,387,750 $5,354,775,500 $1,338,693,875 Total 37,849 64,728 $5,358,755,572 $5,114,818,267 $10,473,573,839 $2,618,393,460 Sources: Fresno County 2017 Parcel and Assessor data; FEMA 2009 FIRM Based on this analysis, the City of Fresno has significant assets at risk to the 100-year and greater floods. There are 231 improved parcels within the 100-year floodplain for a total value of roughly $128 million, including building and content value. An additional 37,849 improved parcels valued at roughly $10.5 billion fall within the 500-year floodplain.

Applying the 25 percent damage factor as described in Section 4.3.2, there is a 1 percent chance in any given year of a 100-year flood causing roughly $32.0 million in damage in the City of Fresno and a 0.2 percent chance in any given year of a 500-year flood causing roughly $2.65 billion in damage (combined damage from both floods).

Properties at risk to flooding are shown in relation to the mapped floodplains in Figure E.5.

Limitations: This model may include structures in the floodplains that are elevated at or above the level of the base-flood elevation, which will likely mitigate flood damage. Also, the assessed values are well below the actual market values. Thus, the actual value of assets at risk may be significantly higher than those included herein.

Fresno County (Fresno) Annex E.24
Multi-Jurisdictional Hazard Mitigation Plan
Figure E.5: City of Fresno’s Properties at Risk in the 100- and 500-Year Floodplains 5 ll □
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Fresno County (Fresno) Annex E.25
Multi-Jurisdictional Hazard Mitigation Plan
In addition to the 100-year and 500-year floodplains mapped by FEMA, the California Department of Water Resources maintains Best Available Maps (BAM) which include the floodplains in the Sacramento and San Joaquin River Basins, based on a study performed in 2002 by the U.S. Army Corps of Engineers (USACE). Though limited to the San Joaquin River as a flood source and thus not as comprehensive as the FEMA FIRM, the USACE study shows additional differentiation in flood risk by modeling the 200-year floodplain (the flood with a 0.5 percent annual chance of occurring). Table E.12 summarizes the values at risk by property type within the 200-year floodplain and loss estimates to the 200-year storm using the same methodology described above.

Table E.12: City of Fresno’s FEMA 0.5% Annual Chance Flood Hazard by Property Type Property Type Parcel
Count
Building
Count Improved Value Content Value Total Value Loss Estimate Agricultural 1 0 $60,933 $60,933 $121,866 $30,467
Commercial 3 139 $4,322,495 $4,322,495 $8,644,990 $2,161,248 Exempt 5 5 $0 $0 $0 $0
Residential 18 19 $12,103,507 $6,051,754 $18,155,261 $4,538,815 Total 27 163 $16,486,935 $10,435,182 $26,922,117 $6,730,529 Sources: Fresno County 2017 Parcel and Assessor data; CA DWR BAM; USACE Based on this analysis, there are 27 parcels within the 200-year floodplain valued at nearly $10.5 million. Applying the 25 percent damage factor, there is a 0.5 percent annual chance of a 200-year flood causing $6.73 million in damage in the City of Fresno.

Insurance Coverage, Claims Paid, and Repetitive Losses
The City of Fresno joined the National Flood Insurance Program (NFIP) on December 1, 1982. In addition to providing insurance for properties at risk of flooding, the program collects and publishes statistics on flood-related losses in participating jurisdictions.

NFIP insurance data for the City of Fresno indicates that as of March 30, 2017, there were 323 flood insurance policies in force in the City with $99,316,700 in coverage. This coverage represents a decline of nearly 200 policies over the last decade. Of the 323 policies, 277 were residential (267 for single-family homes) and 46 were nonresidential. 56 of the policies were in A zones (including A01-30, AE, AO, and AH), and the remaining 267 policies were in B, C, and X zones. Policies in B, C, and X zones have increased slightly over the past decade, while policies in the 100-year floodplain have dramatically declined.

There have been 81 historical claims for flood losses totaling $765,183; 73 were for residential properties; 37 were in A zones and 36 were in B, C, or X zones; and 54 were pre-FIRM structures (17 of the 19 post-FIRM structures with reported losses were in a B, C, or X zone). According to the FEMA Community Information System accessed 9/17/2018 there was one Repetitive Loss and no Severe Repetitive Loss properties located in the jurisdiction.

Fresno County (Fresno) Annex E.26
Multi-Jurisdictional Hazard Mitigation Plan
Population at Risk
Using parcel data from the County, the digital flood insurance rate map, population at risk was calculated for the 100-year and 500-year floods based on the number of residential properties at risk and the U.S. Census Bureau 2016 estimate for the average number of persons per household (3.17). The following are at risk to flooding in the City of Fresno:
• 100-year flood—342 people
• 500-year flood—107,400 people
• Total flood—107,742 people
Critical Facilities at Risk
Critical facilities are those community components that are most needed to withstand the impacts of disaster as previously described. Table E.13 lists the critical facilities in the City’s 100- and 500-year floodplains.

Table E.13: Critical Facilities in the 100- and 500-Year Floodplains: City of Fresno Critical Facility Type
100-Year
Floodplain
500-Year
Floodplain
Airport - 1
Behavioral Health - 1
CalARP 1 12
Colleges & Universities - 5
Communications - 1
County Government - 2
Daycare - 52
Department of Agriculture - 2
Department of Public Health - 2
Department of Social Services - 6
District Attorney - 1
Fire Station - 7
General Services - 3
Health Care - 1
Nursing Home - 12
Police - 5
School - 68
Urgent Care - 2
Total 1 183
Source: Fresno County, HIFLD 2017
Hazardous Materials Incident
The following are the primary concerns for the City of Fresno related to hazardous materials release:
• Train derailments
Fresno County (Fresno) Annex E.27
Multi-Jurisdictional Hazard Mitigation Plan
• Kinder-Morgan pipeline
• Chevron petroleum pipelines
• Storage facilities
There are 28 CalARP hazardous materials facilities located in the City of Fresno. As detailed in Table E.14, there are 62 critical facilities located within a half mile of a CalARP facility.

Table E.14: Critical Facilities within ½ mile of CalARP Facility: City of Fresno Critical Facility Type Count
Colleges & Universities 1
Communications 1
County Government 4
Courthouse 1
Daycare 11
Department of Public Health 2
Department of Social Services 4
Detention Center 4
District Attorney 2
Fire Station 4
Health Care 3
Nursing Home 4
Police 1
School 17
Sheriff 1
Supplemental College 1
Urgent Care 1
Total 62
Source: Fresno County, HIFLD 2017
For more information on this hazard please refer to the main plan, Section 4.

Severe Weather: Fog
The risk and vulnerability factors for fog in the City is not unique from the County at large. Please refer to the main plan’s discussion of the fog hazard in section 4.

Severe Weather: Windstorm
Fresno’s prevailing winds are typically light and from the northwest. High wind conditions are occasionally created by strong weather fronts. Occasionally, there are funnel clouds of low intensity. Past structural damage has been light, infrequent, and very limited in geographic extent.

Injuries have been extremely rare. Most of this damage has occurred secondary to large trees being blown over. The City’s design wind load, the level of wind force that new structures are required to be engineered to withstand, is 70 mph.

Fresno County (Fresno) Annex E.28
Multi-Jurisdictional Hazard Mitigation Plan
Soil Hazards: Land Subsidence
Despite long-term over-drafting of groundwater that has lowered the static water table under Fresno by as much as 100 feet over the past century, ground level subsidence has not been noted in the vicinity of the City (this is probably due to the geologic strata underlying the City, which features layers of clay and hardpan interleaved with sand and gravel layers).

Wildfire
Similar to many areas of the County, Fresno has high temperatures in the summer with low rainfall creating fire hazard conditions. There is some wildfire risk in the San Joaquin River Bluff area in northern Fresno due to vegetation and steep slopes.

Following the methodology described in Section 4.3.2 Vulnerability of Fresno County to Specific Hazards, a wildfire map for the City of Fresno was created (see Figure E.6). An analysis was performed using GIS software to determine where populations, values at risk, and critical facilities are located within wildfire threat zones. Table E.15 shows the values at risk in the moderate wildfire threat zone (there are no values at risk in the high or very high threat zones). There are not any critical facilities in wildfire threat zones in the City of Fresno.

Table E.15: Values at Risk to Wildfire (Moderate Threat) in the City of Fresno Property Type Parcel
Count
Building
Count Improved Value Content Value Total Value
Agricultural 1 0 $60,933 $60,933 $121,866
Commercial 13 36 $24,379,836 $24,379,836 $48,759,672
Exempt 12 13 $0 $0 $0
Industrial 4 4 $2,105,480 $3,158,220 $5,263,700
Multi-Residential 1 16 $255,200 $127,600 $382,800
Residential 772 779 $180,172,709 $90,086,355 $270,259,064 Total 803 848 $206,974,158 $117,812,944 $324,787,102
Sources: Fresno County 2017 Parcel and Assessor data
Based on this analysis, the City of Fresno’s moderate wildfire threat affects 2,450 people and 803 improved parcels valued at roughly $324,787,102. Almost all of the parcels at risk are in the San Joaquin River corridor, where development is very restricted due to flood risk and bluff instability.

Other parcels are in industrial areas along the western edge of the City, where the City’s weed abatement ordinances (requiring vegetation control by April) would reduce the wildfire risk.

Fresno County (Fresno) Annex E.29
Multi-Jurisdictional Hazard Mitigation Plan
Figure E.6: City of Fresno’s Wildfire Threat
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Fresno County (Fresno) Annex E.30
Multi-Jurisdictional Hazard Mitigation Plan
E.4 Capability Assessment
Capabilities are the programs and policies currently in use to reduce hazard impacts or that could be used to implement hazard mitigation activities. This capabilities assessment is divided into five sections: regulatory mitigation capabilities, administrative and technical mitigation capabilities, fiscal mitigation capabilities, mitigation outreach and partnerships, and other mitigation efforts.

To develop this capability assessment, the jurisdictional planning representatives used a matrix of common mitigation activities to inventory which of these policies or programs were in place. The team then supplemented this inventory by reviewing additional existing policies, regulations, plans, and programs to determine if they contributed to reducing hazard-related losses.

During the plan update process, this inventory was reviewed by the jurisdictional planning representatives and Amec Foster Wheeler consultant team staff to update information where applicable and note ways in which these capabilities have improved or expanded. Additionally, in summarizing current capabilities and identifying gaps, the jurisdictional planning representatives also considered their ability to expand or improve upon existing policies and programs as potential new mitigation strategies. The City of Fresno’s updated capabilities are summarized below.

E.4.1 Regulatory Mitigation Capabilities
Table E.16 lists regulatory mitigation capabilities, including planning and land management tools, typically used by local jurisdictions to implement hazard mitigation activities and indicates those that are in place in Fresno.

Table E.16: City of Fresno’s Regulatory Mitigation Capabilities Regulatory Tool Yes/No Comments
General Plan Yes
The Fresno General Plan has a Noise and Safety Element with policies for wildland fire hazards, seismic/geologic hazards, storm drainage and flood control, hazardous materials, airport safety, and emergency response
Zoning Ordinance Yes
Fresno Municipal Code Chapter 15; Zoning Ordinance has
requirements related to health and safety (e.g., dwelling unit density controls, building setbacks for fire protection, masonry walls along major streets)
Subdivision Ordinance Yes Fresno Municipal Code Chapter 15 requires multiple points of access for ingress/egress, fire protection provisions, etc.

Development Permit
(formerly Site Plan Review)
requirements
Yes
Required for all nonresidential development projects and multi-family projects over two units; required for duplexes in some zone districts; plot plan review required for even single-family residential construction Growth Management
Ordinance Yes
Fresno Municipal Code Chapter 12 provides for extension of urban infrastructure and services including sewer treatment, water supply, and fire protection
Floodplain Ordinance Yes Fresno Municipal Code Chapter 13 (local building codes) includes the Flood Damage Prevention Ordinance
Other special purpose
ordinance (stormwater, water
conservation, wildfire)
Yes
- Within the Zoning Ordinance, there is a Bluff Preservation Overlay district with requirements for soil stability analysis and setbacks from the San Joaquin bluff edge
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Regulatory Tool Yes/No Comments
- Pretreatment Ordinance and environmental control program for wastewater system to prevent and abate any hazardous material releases
Building Code Yes
Version: 2016 California Building Code with a few City modifications:
fire sprinkler ordinance, swimming pool ordinance, and security ordinance
Fire Department ISO Rating Yes Rating: 3
Erosion or Sediment Control
Program Yes
The Bluff Preservation Ordinance, as well as grading plan review and stormwater pollution prevention plans, which are required for all development projects through project conditions and CEQA review Stormwater Management
Program Yes In conjunction with Cal-EPA, Regional Water Quality Control Board, and Fresno Metropolitan Flood Control District Capital Improvements Plan Yes Public Works Department and Department of Public Utilities formulate and administer these plans
Economic Development Plan Yes Fresno Redevelopment Agency and Economic Development Division of the Planning and Development Department
Local Emergency Operations
Plan Yes Ratified by City Council in 2005 and last updated in 2015 Flood Insurance Study or
other engineering study for
streams
Yes FEMA Flood Insurance Study, 2005
Fresno General Plan (Adopted December 18, 2014)
The Fresno General Plan is a blueprint of how the City anticipates directing and managing growth while minimizing potential impacts for existing and future generations. It provides long-range planning strategies for the continued development, enhancement, and revitalization of the Fresno Metropolitan Area. The plan goals are the guiding principles and provide the framework for the objectives and policies that can be found in the plan elements. The following general plan goals directly or indirectly mitigate hazards identified in this plan:
• Goal 9—Promote a city of healthy communities and improve quality of life in established neighborhoods.
− Emphasize supporting established neighborhoods in Fresno with safe, well maintained, and accessible streets, public utilities, education and job training, proximity to jobs, retail services, health care, affordable housing, youth development opportunities, open space and parks, transportation options, and opportunities for home grown businesses. • Goal 12— Resolve existing public infrastructure and service deficiencies, make full use of existing infrastructure, and invest in improvements to increase competitiveness and promote economic growth.
− Emphasize the fair and necessary costs of maintaining sustainable water, sewer, streets, and other public infrastructure and service systems in rates, fees, financing and public investments to implement the General Plan. Adequately address accumulated deferred maintenance, aging infrastructure, risks to service continuity, desired standards of service to meet quality-of-life goals, and required infrastructure to support growth, economic competitiveness and business development.
• Goal 16— Protect and improve public health and safety.

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Some of the elements of the General Plan also contain objectives and policies relevant to protecting human health and safety (e.g., supporting objectives and policies in the Public Utilities and Services Element direct that amendments to construction and fire codes to reduce the level of risk to life and property from fire commensurate with the City’s fire suppression capabilities and that fire and police services be provided). Because the Noise and Safety Element is the portion of the General Plan most relevant to hazard mitigation, select objectives and policies are extracted and included below.

The Noise and Safety Element
The Noise and Safety Element seeks to reduce deaths, injuries, illnesses, damage to property, and economic and social dislocation that could result from hazards. Of specific relevance to this plan, it addresses seismic and geologic conditions, flooding, hazardous materials, and emergency response.

Seismic and Geologic Hazards
NS-2. Objective: Minimize risks of property damage and personal injury posed by geologic and seismic risks.

NS-2-a. Policy: Seismic Protection. Ensure seismic protection is incorporated into new and existing construction, consistent with the Fresno Municipal Code.

NS-2-b. Policy: Soil Analysis Requirement. Identify areas with potential geologic and/or soils hazards, and require development in these areas to conduct a soil analysis and mitigation plan by a registered civil engineer (or engineering geologist specializing in soil geology) prior to allowing on-site drainage or disposal for wastewater, stormwater runoff, or swimming pool/spa water.

NS-2-c. Policy: Landfill Areas. Require proposed land uses on or near landfill areas to be designed and maintained to comply with California Code of Regulations, Title 27, Section 21190, Post Closure Land Use.

NS-2-d. Policy: Bluff Preservation Overlay Zone. Per the requirements of the Bluff Preservation Overlay Zone District and Policy POSS-7-f (Chapter 5, Parks and Open Space), the following standards shall be applicable for property located within the Bluff Preservation zone:
• Require proposed development within 300 feet of the toe of the San Joaquin River bluffs to undertake an engineering soils investigation and evaluation report that demonstrates that the site is sufficiently stable to support the proposed development, or provide mitigations to provide sufficient stability; and • Establish a minimum setback of 30 feet from the San Joaquin River bluff edge for all buildings, structures, decks, pools and spas (which may be above or below grade), fencing, lighting, steps, etc. o An applicant may request to reduce the minimum setback to 20 feet from the bluff edge if it can be demonstrated, to the satisfaction of the City’s Building Official and the Planning Director, that the proposed building, structure, deck, pool and/or spas (which may be above or below grade), fencing, steps, etc., will meet the objectives of the Bluff Preservation Overlay Ordinance. In no case shall the setback be reduced to less than 20 feet.

Flooding Hazards
NS-3. Objective: Minimize the risks to property, life, and the environment due to flooding and stormwater runoff hazards.

NS-3-a. Policy: Stormwater Drainage and Flood Control Master Plan. Support the full implementation of the FMFCD Storm Drainage and Flood Control Master Plan, the completion of planned flood control and drainage system facilities, and the continued maintenance of stormwater and flood water retention and conveyance facilities and capacities. Work with the FMFCD to make sure that its Storm Drainage and Flood Control Master Plan is consistent with the General Plan.

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NS-3-b. Policy: Curb and Gutter Installation. Coordinate with Fresno Metropolitan Flood Control District (FMFCD) to install curbing, gutters, and other drainage facilities with priority to existing neighborhoods with the greatest deficiencies and consistent with the Storm Drainage and Flood Control Master Plan.

NS-3-c. Policy: Dual Use Facilities. Support multiple uses of flood control and drainage facilities as follows:
• Use, wherever practical, FMFCD facilities for groundwater management and recharge; and • Promote recreational development of ponding basin facilities located within or near residential areas, compatible with the stormwater and groundwater recharge functions.

NS-3-d. Policy: Landscaped Buffer. City will support the development of FMFCD ponding basins including the landscaping and irrigation for the top one third of the side sloped areas consistent with the FMFCD Basin Design Criteria.

NS-3-e. Policy: Pollutants. Work with FMFCD to prevent and reduce the existence of urban stormwater pollutants pursuant to the requirements of the National Pollution Discharge Elimination Systems Act.

NS-3-f. Policy: Flooding Emergency Response Plans. Work with responsible agencies to update emergency dam failure inundation plans, evacuation plans and other emergency response plans for designated flood-prone areas, including the San Joaquin river bottom.

NS-3-g. Policy: Essential Facilities Siting Outside of Floodplains. Avoid siting emergency response and essential public facilities, such as fire and police stations, within a 100-year floodplain, unless it can be demonstrated that the facility can be safely operated and accessed during flood events.

NS-3-h. Policy: Runoff Controls. Implement grading regulations and related development policies that protect area residents from flooding caused by urban runoff produced from events that exceed the capacity of the Storm Drainage and Flood Control Master Plan system of facilities. Place all structures and/or flood-proofing in a manner that does not cause floodwaters to be diverted onto adjacent property, increase flood hazards to other property, or otherwise adversely affect other property.

NS-3-i. Policy: New Development Must Mitigate Impact. Require new development to not significantly impact the existing storm drainage and flood control system by imposing conditions of approval as project mitigation, as authorized by law. As part of this process, closely coordinate and consult with the FMFCD to identify appropriate conditions that will result in mitigation acceptable and preferred by FMFCD for each project.

Commentary: The City recognizes the expertise and significant role of the FMFCD, and will give the highest deference to its recommendations for mitigation measures, consistent with applicable law.

NS-3-j. Policy: National Flood Insurance Program. Continue to participate in the National Flood Insurance Program (NFIP) by ensuring compliance with applicable requirements. Review NFIP maps periodically to determine if areas subject to flooding have been added or removed and make adjustments to the Land Use Diagram Figure LU-1.

NS-3-k. Policy: 100-Year Floodplain Policy. Require developers of residential subdivisions to preserve those portions of development sites as open space that may be subject to 100-year flood events, unless the flood hazard can be substantially mitigated by development project design.

NS-3-l. Policy: 200-Year Floodplain Protection. Promote flood control measures that maintain natural conditions within the 200-year floodplain of rivers and streams and, to the extent possible, combine flood control, recreation, water quality, and open space functions. Discourage construction of permanent improvements that would be adversely affected by periodic floods within the 200-year floodplain, particularly in the San Joaquin river bottom.

NS-3-m. Policy: Flood Risk Public Awareness. Continue public awareness programs to inform the general public and potentially affected property owners of flood hazards and potential dam failure inundation. Remind households and businesses located in flood-prone areas of opportunities to purchase flood insurance.

NS-3-n. Policy: Precipitation Changes. Work with FMFCD to evaluate the planned and existing stormwater conveyance system in light of possible changes to precipitation patterns in the future.

Hazardous Materials
NS-4. Objective: Minimize the risk of loss of life, injury, serious illness, and damage to property resulting from the use, transport, treatment, and disposal of hazardous materials and hazardous wastes.

NS-4-a. Policy: Processing and Storage. Require safe processing and storage of hazardous materials, consistent with the California Building Code and the Uniform Fire Code, as adopted by the City.

NS-4-b. Policy: Coordination. Maintain a close liaison with the Fresno County Environmental Health Department, Cal-EPA Division of Toxics, and the State Office of Emergency Services to assist in developing and maintaining Fresno County (Fresno) Annex E.34
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hazardous material business plans, inventory statements, risk management prevention plans, and contingency/emergency response action plans.

NS-4-c. Policy: Soil and Groundwater Contamination Reports. Require an investigation of potential soil or groundwater contamination whenever justified by past site uses. Require appropriate mitigation as a condition of project approval in the event soil or groundwater contamination is identified or could be encountered during site development.

NS-4-d. Policy: Site Identification. Continue to aid federal, State, and County agencies in the identification and mapping of waste disposal sites (including abandoned waste sites), and to assist in the survey of the kinds, amounts, and locations of hazardous wastes.

NS-4-e. Policy: Compliance with County Program. Require that the production, use, storage, disposal, and transport of hazardous materials conform to the standards and procedures established by the County Division of Environmental Health. Require compliance with the County’s Hazardous Waste Generator Program, including the submittal and implementation of a Hazardous Materials Business Plan, when applicable.

NS-4-f. Policy: Hazardous Materials Facilities. Require facilities that handle hazardous materials or hazardous wastes to be designed, constructed, and operated in accordance with applicable hazardous materials and waste management laws and regulations.

NS-4-g. Policy: Hazmat Response. Include policies and procedures appropriate to hazardous materials in the City’s disaster and emergency response preparedness and planning, coordinating with implementation of Fresno County’s Hazardous Materials Incident Response Plan.

NS-4-h. Policy: Household Collection. Continue to support and assist with Fresno County’s special household hazardous waste collection activities, to reduce the amount of this material being improperly discarded.

NS-4-i. Policy: Public Information. Continue to assist in providing information to the public on hazardous materials.

Emergency Response
NS-6. Objective: Foster an efficient and coordinated response to emergencies and natural disasters.

NS-6-a. Policy: County Multi-Jurisdiction Hazard Mitigation Plan. Adopt and implement the Fresno County MultiJurisdiction Hazard Mitigation Plan and City of Fresno Local Hazard Mitigation Plan Annex.

Commentary: The federal Disaster Mitigation Act of 2000 requires that cities, counties, and special districts have a Local Hazard Mitigation Plan to be eligible to receive FEMA hazard mitigation funds. Cities and counties can adopt and use all or part of a regional multi-jurisdictional plan, such as the one prepared by Fresno County, in lieu of preparing all or part of a Local Hazard Mitigation Plan.

NS-6-b. Policy: Disaster Response Coordination. Maintain coordination with other local, State, and Federal agencies to provide coordinated disaster response.

NS-6-c. Policy: Emergency Operations Plan. Update the City’s Emergency Operations Plan periodically, using a whole community approach which integrates considerations for People with access and functional needs in all aspects of planning.

NS-6-d. Policy: Evacuation Planning. Maintain an emergency evacuation plan in consultation with the Police and Fire Departments and other emergency service providers, which shows potential evacuation routes and a list of emergency shelters to be used in case of catastrophic emergencies.

Commentary: The evacuation plan will be flexible in order to consider many scenarios and multiple modes of transportation beyond private automobiles. It will provide special provisions for disadvantaged populations, such as those with physical disabilities or those with low or very low incomes, and for areas with fewer resources through neighborhood emergency preparedness programs.

NS-6-e. Policy: Critical Use Facilities. Ensure critical use facilities (e.g. City Hall, police and fire stations, schools, hospitals, public assembly facilities, transportation services) and other structures that are important to protecting health and safety in the community remain operational during an emergency. • Site and design these facilities to minimize their exposure and susceptibility to flooding, seismic and geological effects, fire, and explosions.
• Work with the owners and operators of critical use facilities to ensure they can provide alternate sources of electricity, water, and sewerage in the event that regular utilities are interrupted in a disaster.

NS-6-f. Policy: Emergency Vehicle Access. Require adequate access for emergency vehicles in all new development, including adequate widths, turning radii, hard standing areas, and vertical clearance.

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NS-6-g. Policy: Emergency Preparedness Public Awareness Programs. Continue to conduct programs to inform the general public, including people with access and functional needs, of the City’s emergency preparedness and disaster response procedures.

Fresno Flood Plain Ordinance
The City of Fresno’s Flood Plain Ordinance was revised in the late 1990s and formally adopted by the Fresno City Council on September 20, 2005. (In late 2007, the Fresno Municipal Code was republished with its chapters somewhat reorganized. There was no change in the text of the Flood Plain Ordinance at that time, but due to the reorganization of its content, its most recent adoption effective date is January 17, 2008.) The Fresno Flood Plain Ordinance is Article 6 of Chapter 11 of the Fresno Municipal Code.

The purpose of this ordinance is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
• Protect human life and health;
• Minimize expenditure of public money for costly flood control projects; • Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
• Minimize prolonged business interruptions;
• Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard; • Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; • Ensure that potential buyers are notified that property is in an area of flood hazard; and • Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, the ordinance includes the following methods and provisions:
• Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities • Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction • Control filling, grading, dredging, and other development which may increase flood damage • Prevent or regulate the construction of flood barriers which will unnaturally divert flood water or which may increase flood hazards in other areas
• Control the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters
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This ordinance applies to all areas of special flood hazards within the jurisdiction of the City as identified by FEMA’s Flood Insurance Study for Fresno County, California and incorporated areas dated September 30, 2005, with accompanying Flood Insurance Rate Maps, and all subsequent amendments and/or revisions. It appoints the building official to administer, implement, and enforce the ordinance by granting or denying development permits in accord with its provisions.

This ordinance includes the following standards of construction related to special flood hazard areas:
• Anchoring
• Construction materials and methods
• Elevation and floodproofing
• Residential construction
• Nonresidential construction
• Flood venting
• Standards for utilities
• Standards for subdivisions
• Standards for manufactured homes
• Standards for recreational vehicles
• Floodways
• Standards for storage of materials and equipment
In conjunction with Fresno’s Drainage Fee Ordinance (Fresno Municipal Code Chapter 12, Article 19), which requires local grading and development to conform to the Fresno Metropolitan Flood Control District Master Drainage Plan and to provide proportionate shares of drainage infrastructure, the Fresno Flood Plain Ordinance and its preceding Flood Damage Prevention Ordinance have reduced flood damage losses in the City.

National Flood Insurance Program/Community Rating System The City of Fresno joined the National Flood Insurance Program (NFIP) on December 1, 1982. It has been a member of the Community Rating System (CRS) since October 1, 1992. The City’s Floodplain Administrator duties are assigned to the building official. The Building and Safety Division of the Planning and Development Department works to improve the City’s CRS rating, which determines the price paid for flood insurance policies issued in the jurisdiction. The rating is based on detailed biannual audits conducted by FEMA and/or a designee agency (currently, the California Department of Water Resources). The primary means of improving and maintaining a good CRS rating is through administration of the Fresno Flood Plain Ordinance. As part of its efforts to improve its community rating, the City of Fresno has hosted periodic FEMA Region IX NFIP/CRS training.

The City’s current CRS rating from October 2016 is Class 8, which reflects the loss of two class levels in the most recent audit.

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San Joaquin River Bluff Preservation Ordinance, 1980
After an interagency San Joaquin River Reconnaissance Plan was completed in the late 1970s, the City of Fresno adopted the San Joaquin River Bluff Specific Plan to preserve this important open space and habitat feature and to safeguard the bluff face, which is the most unstable geologic feature in the City. The San Joaquin River Bluff Specific Plan was later subsumed by the 1988 Bullard Community Plan, which carried forward protective policies for this area of Fresno.

The regulation of land use, development, and grading in this portion of Fresno is ongoing pursuant to the Bluff Preservation Ordinance. This ordinance, part of the City’s zoning regulations, delineates an overlay zone district along the river bluff (the Bluff Preservation Overlay District), established allowable and prohibited land uses, and set forth conditions and requirements for using or modifying property in the district. The regulations of the district are deemed to be necessary for the preservation of the special qualities of the bluffs and for the protection of the health, safety, and general welfare of owners and users of property in the area.

The Bluff Preservation Ordinance is administered by the Fresno Development and Resource Management Department through its special permit process and grading plan checks. Anyone applying for a building permit is required to submit a site plan review with accompanying soil investigation and evaluation report (prepared by an appropriately licensed professional engineer or registered geologist). The Department’s Code Enforcement Division also conducts periodic surveillance of bluff properties for grading and construction done without permits and institutes abatement actions when these conditions are discovered.

Hazardous Material Incident Safeguards
The Fresno Fire Department works with Fresno County Environmental Health to review hazardous material business plans that detail flammable, explosive, toxic, and otherwise hazardous materials used by businesses in the City. The Fire Department has its own permitting requirement for liquid and gaseous fuel tanks to ensure that they are installed and maintained safely. The City’s Hazardous Materials Response Unit (housed in a City fire station) maintains the capability to quickly characterize material releases and spills, to evaluate risks to life and property, and to implement appropriate controls and evacuation measures.

Fire Prevention Policy
The City of Fresno has some of the most progressive and effective fire prevention policies and regulations in the nation relating to water supply (fire flow) required for development, ingress and egress from developed buildings and subdivisions, on-site automatic fire suppression systems (sprinkler and on-site private hydrants), building addressing to facilitate rapid emergency response, marking of unsafe buildings (those older structures with hazardous conditions or a lack of water supply), and instant aid/mutual aid with adjacent fire departments belonging to Fresno County special districts and the City of Clovis.

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In addition to its extensive network of well-trained and well-equipped firefighting stations, the Fresno Fire Department has a Fire Prevention Bureau, under supervision of the City’s fire marshal, to administer regulations adopted and referenced by the Fresno Municipal Code Chapter 6, Article 5 relating to fire prevention. The Fire Prevention Bureau carries out these responsibilities by conducting routine inspections of all public and commercial buildings, performing detailed development permit and construction plan checks, and investigating arson.

Another component of the City’s overall fire protection program is the administration of its public nuisance ordinances to require properties to be kept clean and free of flammable debris and to annually abate weeds and overgrown vegetation before these materials can dry out in the spring to pose a wildfire hazard (Fresno Municipal Code Chapter 10, Article 6 relating to public nuisance abatement). The Planning and Development Department Code Enforcement Division and Department of Public Utilities Community Sanitation Division coordinate their efforts to enforce the nuisance abatement regulations and provide cleanup services when property owners do not take care of matters themselves.

City of Fresno Emergency Operations Plan, 2015, Updated 2015 The City of Fresno Emergency Operations Plan (EOP) addresses the planned response to extraordinary emergency situations associated with natural disasters, technological incidents, excessive heat/cold, power outages, and national security emergencies in or affecting the City of Fresno. The Plan, which was updated in 2015, does the following:
• Establishes the emergency management organization required to mitigate any significant emergency or disaster affecting the City of Fresno.
• Identifies the policies, responsibilities, and procedures required to protect the health and safety of City communities, public and private property, and the environment from natural or technological disasters.
• Establishes the operational concepts and procedures associated with initial response operations to emergencies, the extended response operations, and the recovery process.

The EOP is designed to establish the framework for implementation of the California Standardized Emergency Management System/National Incident Management System for the City of Fresno, which is located within the California Governor’s Office of Emergency Services’ Mutual Aid Region V. It is intended to facilitate multi-agency and multi-jurisdictional coordination, particularly between the City of Fresno and the Fresno County Operational Area, including special districts and state agencies, in emergency operations. This plan will be used in conjunction with the Fresno County EOP and the State of California Emergency Plan. The plan is designed to guide the reader or user through each phase of an emergency: preparedness, response, recovery, and mitigation.

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Other Plans and Policies
Other hazard mitigation-related policies and plans in place in and observed by the City of Fresno include the following:
• California Code of Regulations Title 23 administrative law for development and use of land in designated floodway areas along the San Joaquin River administered by the Central Valley Flood Protection Board, staffed by the California Department of Water Resources. • Standards for constructing and maintaining drainage basins and ponds to prevent mosquito breeding and to provide for mosquito control district access for inspection and abatement activities (jointly promulgated by the Planning and Development Department and Public Works Department in fall of 2005).
• Dam failure inundation plans prepared and administered by the U.S. Bureau of Reclamation, the U.S. Army Corps of Engineers, Fresno Metropolitan Flood Control District, Southern California Edison, and Pacific Gas and Electric Company. • The California Environmental Quality Act, overseen by the Fresno City Attorney’s Office and administered by several City departments, requires consideration of health and safety impacts as they may relate to projects, which are defined as any action that may result in a change in the physical environment and that would include public facilities, and private development, and even adoption/amendment of land use plans and ordinances. An analysis of every project is conducted by the appropriate City department (the Development and Resource Management Department does the bulk of these analyses). Inquiries regarding project sites and features are distributed to departments and outside agencies that may have knowledge of, or which may regulate, aspects of the proposed project. The information obtained from these requests for comment and from other staff research is compiled into an informational document for decision-makers and the public. The information is also used to develop a list of mitigation actions to reduce or abate potential adverse impacts of the project. For those projects which may involve federal funds or require federal approvals, a parallel National Environmental Policy Act assessment is also prepared by the City.
• The Development and Resource Management Department administers regulations in the California Building Code and in Uniform Electrical, Plumbing, and Mechanical Codes as those codes are modified through adoption by the state and City. Plan check and inspection activities of the Department ensure structural soundness and compliance with seismic and other regulations.

E.4.2 Administrative/Technical Mitigation Capabilities
Table E.17 identifies the personnel responsible for activities related to mitigation and loss prevention in Fresno.

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Table E.17: City of Fresno’s Administrative and Technical Mitigation Capabilities Personnel Resources Yes/No Department/Position
Planner/engineer with knowledge of land
development/land management practices
Yes Planning and Development Department (planners),
Department of Public Utilities (engineers), Public Works Department (engineers), Fresno Metropolitan Flood Control District (engineers)
Engineer/professional trained in
construction practices related to buildings
and/or infrastructure
Yes Planning and Development Department (engineers),
Department of Public Utilities (engineers), Public Works Department (engineers), Fresno Metropolitan Flood Control District (engineers)
Planner/engineer/scientist with an
understanding of natural hazards
Yes Planning and Development Department (planners and
engineers), Department of Public Utilities (engineers), Public Works Department (engineers), Fresno Metropolitan Flood Control District (engineers)
Personnel skilled in GIS Yes Planning and Development Department, Department of Public Utilities, Public Works Department, Information
Services Department
Full time building official Yes Planning and Development Department Floodplain administrator Yes Planning and Development Department Emergency manager Yes Fresno Fire Department
Grant writer Yes Planning and Development Department, Police Department, Public Works Department, Fire Department
Other personnel Yes California registered geologist (Department of Public Utilities), California registered environmental health specialist (Planning and Development Department), licensed water
and wastewater treatment operators
Warning systems/services
(Reverse 9-11, outdoor warning signals)
Yes State Emergency Alert System is coordinated by emergency management team through the National Weather Service
Other Yes Emergency notification of San Joaquin River bottom residents in conjunction with the U.S. Bureau of Reclamation and Fresno County
E.4.3 Fiscal Mitigation Capabilities
Table E.18 identifies financial tools or resources that the City could potentially use to help fund mitigation activities.

Table E.18: City of Fresno’s Fiscal Mitigation Capabilities Financial Resources
Accessible/Eligible
to Use (Yes/No)
Comments
Community Development Block
Grants
Yes Geographically restricted to designated portions of Fresno based on area income
Capital improvements project funding Yes Budgeted out of utility fees and often related to issuance of bonds; City also obtains grants, shares
of state gas tax and sales taxes, ballot measure tax
revenue, etc.

Authority to levy taxes for specific
purposes
Yes Subject to California Proposition 218 restrictions on new and increased assessments
Authority to levy fees and fines, and
to recover costs through lien
processes, for nuisance abatement
Yes Subject to an appeal process that involves
administrative law judges retained by the City
Fees for water, sewer, gas, or electric
services
Yes Water, sewer, solid waste, code enforcement
(cleanup)
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Financial Resources
Accessible/Eligible
to Use (Yes/No)
Comments
Impact fees for new development Yes Master Fee Schedule as originally chartered under the City’s Urban Growth Management Ordinance
Incur debt through general obligation
bonds
Yes Would need vote of the taxpayers to enact.

Incur debt through special tax bonds Yes Special Assessment Districts that issue debt and incur the debt but the City only administers
Incur debt through private activities Yes The City has the capability of doing them and have in the past
Withhold spending or public
infrastructure investment in hazard
prone areas
Yes The Department of Public Utilities retains jurisdiction over water and sewer services and determines its
appropriate service areas with risk to facilities being one of the factors leading to a decision not to extend
services to River bottom properties
E.4.4 Mitigation Outreach and Partnerships
The Fresno Department of Public Utilities, in conjunction with other agencies, provides water conservation and stormwater quality protection public information programs. The Fire Department provides personal preparedness outreach for heat and freeze emergencies and shelter-in-place information for hazardous materials emergencies. Additionally, the City has developed public service announcements for smoke detector battery life, canal safety, and fireworks safety.

The City’s Joint Information System disseminates information in Spanish, and the City can obtain translation services for other languages when necessary. A Joint Information Center plan is an annex to the City of Fresno Emergency Operations Plan and provides comprehensive guidance for early warning notification in all languages and specifically the Americans with Disabilities Act (ADA) community.

Preparedness Exercises afford the opportunity to include the City of Fresno ADA Committee.

Members of the committee and volunteers from the ADA community role play for realistic first responder training.

E.4.5 Other Mitigation Efforts
• The City is a certified StormReady community through the National Weather Service. • The Fire Department, Police Department, and Solid Waste Division are nationally accredited. • The City has installed security systems for the wastewater treatment facility and for its surface water treatment plant. Generators are installed in critical groundwater pumping stations and these facilities are secured.

E.4.6 Opportunities for Enhancement
Based on the capabilities assessment, the City of Fresno has several existing mechanisms in place that already help to mitigate hazards. In addition to these existing capabilities, there are also opportunities for the City to expand or improve on these policies and programs to further protect Fresno County (Fresno) Annex E.42
Multi-Jurisdictional Hazard Mitigation Plan
the community. Future improvements may include providing training for staff members related to hazards or hazard mitigation grant funding in partnership with the County and Cal OES. Additional training opportunities will help to inform City staff members on how best to integrate hazard information and mitigation projects into their departments. Continuing to train City staff on mitigation and the hazards that pose a risk to the City of Fresno will lead to more informed staff members who can better communicate this information to the public. In addition, the City could work to improve the CRS rating through additional floodplain management program enhancements. This could further lower the cost of flood insurance for residents.

Fresno County (Fresno) Annex E.43
Multi-Jurisdictional Hazard Mitigation Plan
E.5 Mitigation Strategy
E.5.1 Mitigation Goals and Objectives
The City of Fresno adopts the hazard mitigation goals and objectives developed by the HMPC and described in Chapter 5 Mitigation Strategy.

Incorporation into Existing Planning Mechanisms
The information contained within this plan, including results from the Vulnerability Assessment, and the Mitigation Strategy will be used by the City to help inform updates and the development of local plans, programs and policies. The Public Works Department may utilize the hazard information when implementing Capital Improvement projects and the Planning and Development Department may utilize the hazard information when reviewing a site plan or other type of development applications. The City will also incorporate this LHMP into the Safety Element of their General Plan, as recommended by Assembly Bill (AB) 2140.

As noted in Chapter 7 Plan Implementation, the HMPC representatives from Fresno will report on efforts to integrate the hazard mitigation plan into local plans, programs and policies and will report on these efforts at the annual HMPC plan review meeting.

Continued Compliance with the National Flood Insurance Program In addition to the mitigation actions identified herein the City will continue to comply with the National Flood Insurance Program as specified in General Plan Policy NS-3-j: “National Flood Insurance Program. Continue to participate in the National Flood Insurance Program (NFIP) by ensuring compliance with applicable requirements.”
E.5.2 Completed 2009 Mitigation Actions
The City of Fresno did not complete any of the mitigation actions identified in the 2009 plan.

However, implementation is in progress for several of these actions and will be continued as part of the mitigation strategy for this plan update.

E.5.3 Mitigation Actions
The planning team for the City of Fresno identified and prioritized the following mitigation actions based on the risk assessment. Background information as well as information on how each action will be implemented and administered, such as ideas for implementation, responsible office, partners, potential funding, estimated cost, and schedule are also included.

In addition to implementing the mitigation actions below the City of Fresno will be participating in the county-wide, multi-jurisdictional action of developing and conducting a multi-hazard seasonal public awareness program. The county-wide project will be led by the County in Fresno County (Fresno) Annex E.44
Multi-Jurisdictional Hazard Mitigation Plan
partnership with all municipalities and special districts. The City agrees to help disseminate information on hazards provided by the County. More information on the action can be found in the base plan Chapter 5 Mitigation Strategy (see Section 5.3.3 Multi-Jurisdictional Mitigation Actions, Action #1. Develop and Conduct a Multi-Hazard Seasonal Public Awareness Program).

1. Establish Post-Disaster Action Plan for City Continuity of Operations Plan Hazard(s) Addressed: Multi-Hazard: dam failure, earthquake, flood, severe weather, wildfire, hazardous materials
Issue/Background: Establish a post-disaster action plan to be part of the City of Fresno Continuity of Operations Plan (COOP) that will include the following elements:
• Procedures for public information
• Post-disaster damage assessment
• Grant writing
• Code enforcement
• Redundant operations
The plan will also include annexes from local businesses and large employers to improve economic and employment recovery. The plan will also identify a mechanism for the City to help businesses without COOPs develop a COOP to be incorporated, as an annex, into the City’s Emergency Operations Plan.

Other Alternatives: No action
Responsible Office: City of Fresno Emergency Preparedness Officer Priority (High, Medium, Low): High
Cost Estimate: $150,000
Potential Funding: Local funds, grants
Benefits (Avoided Losses): This will improve response/recovery during an event through preplanning. A City COOP and local business COOPs will reduce the impact of a disaster to the local economy and employment.

Schedule: Long term
Status: 2009 project, implementation in progress

2. Improve the City’s Capabilities for Sheltering Animals in a Disaster Hazard(s) Addressed: Multi-Hazard: dam failure, earthquake, flood, severe weather, wildfire, hazardous materials
Fresno County (Fresno) Annex E.45
Multi-Jurisdictional Hazard Mitigation Plan
Issue/Background: During a disaster, not only do people need to be rescued, but their pets do also. Hurricane Katrina showed the nation that shelters do not typically allow pets, so pets may be left behind when their owners evacuate. The care of the animals left behind falls to local animal shelters. Currently, the SPCA Animal Shelter does not have the supplies to handle a large scale animal emergency. The City has approximately 18,000 licensed dogs. If a disaster occurred, they would only be able to house a small percentage of them. Overcrowding of animals usually causes diseases and loss of animal life. Purchasing new cages would alleviate some of the overcrowding created by a disaster.

Other Alternatives: Ask other agencies for supplies, if they have them available.

Responsible Office: City of Fresno Emergency Preparedness Officer Priority (High, Medium, Low): High
Cost Estimate: $50,000
Potential Funding: General fund
Benefits (Avoided Losses): This will cut down on the spread of disease and animal loss during an emergency or disaster.

Schedule: Short term
Status: 2009 project, implementation in progress

3. Train and Certify City Inspectors to Conduct Post-Disaster Damage Assessment Hazard(s) Addressed: Multi-Hazard: dam failure, earthquake, flood, severe weather, wildfire, hazardous materials
Issue/Background: City inspectors play a vital role in post-disaster building assessment and damage assessment. Pre-training and certification is vital in response and recovery to reduce loss of life, relocate populations, and ensure the rebuilding of local economies.

Other Alternatives: No action
Responsible Office: City of Fresno Emergency Preparedness Officer and Planning and Development Department
Priority (High, Medium, Low): High
Cost Estimate: $250,000
Potential Funding: Grants
Fresno County (Fresno) Annex E.46
Multi-Jurisdictional Hazard Mitigation Plan
Benefits (Avoided Losses): This will improve response/recovery during an event through pretraining and certification of individuals responsible for performing assessment of structures and facilities impacted by disasters. Certification will also allow qualified staff to mobilize with the State of California Office of Emergency Services (Region 5) Urban Search and Rescue Task Force.

Schedule: Long term
Status: 2009 project, implementation not yet started

4. Implement a Flood Awareness Program for the Public
Hazard(s) Addressed: Flood
Issue/Background: The City needs a program to educate flood-prone property owners along the San Joaquin River and in frequent annual flooding areas about the flood threat and how best to prepare, mitigate, and insure their properties.

Other Alternatives: No action
Responsible Office: City of Fresno Emergency Preparedness Officer and Planning and Development Department
Priority (High, Medium, Low): Medium
Cost Estimate: $15,000/year
Potential Funding: General fund, grants
Benefits (Avoided Losses): This will prevent the loss of human life and economic and property losses.

Schedule: Long term
Status: 2009 project, implementation not yet started

5. Southwest Fresno – Recycled Water Distribution System Construction Hazard(s) Addressed: Drought
Issue/Background: In 2009, the State of California adopted a recycled water policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and an additional 300,000 acre-feet per year by 2030. The Recycled Water Master Plan prepared by the City of Fresno, Department of Public Utilities (DPU), identifies opportunities to assist with compliance of this law by reducing groundwater pumping and replacing groundwater with recycled water for non-potable purposes (i.e. outdoor irrigation, dust control, fountains, etc.). On April 11, 2013, the Council adopted the Recycled Water Master Plan and associated environmental documents.

Fresno County (Fresno) Annex E.47
Multi-Jurisdictional Hazard Mitigation Plan
In 2017, the DPU commissioned a 5 MGD Tertiary Treatment Facility at the Fresno-Clovis Regional Wastewater Treatment Facility. DPU is currently constructing a Recycled Water Distribution System in Southwest Fresno to deliver recycled water to parks, cemeteries, schools, agricultural uses, etc., to offset potable water irrigation demands. This will help mitigate drought by enabling the use of recycled water for certain uses instead of tapping potable water supplies.

Other Alternatives: DPU has a Water Shortage Contingency Plan (WSCP) which was updated in the City of Fresno’s 2015 Urban Water Management Plan to manage water shortages including drought conditions. The WSCP consists of four stages allowing the City to ultimately reduce its water demand to a level commensurate with the water supplies available to a maximum reduction of 50 percent.

Responsible Office: City of Fresno Department of Public Utilities Priority (High, Medium, Low): High
Cost Estimate: $75,000,000
Potential Funding: California State Water Resources Control Board – Clean Water State Revolving Fund
Benefits (Avoided Losses): Reduced ground water pumping by using recycled water for nonpotable purposes.

Schedule: Ongoing with completion in 2019
Status: New project

6. Sustainable Groundwater Management Act Compliance including Groundwater Sustainability Planning and Implementation
Hazard(s) Addressed: Drought
Issue/Background: The Kings subbasin underlays the City of Fresno and like many groundwater basins throughout the State, this subbasin is in overdraft condition with underground aquifers adversely impacted by overuse. Such impacts include significant decline in water storage and water levels, degradation of water quality, and land subsidence resulting in the permanent loss of storage capacity. The Sustainable Groundwater Management Act (SGMA) provides for the establishment of local Groundwater Sustainability Agencies (GSAs) to manage groundwater sustainability within groundwater subbasins defined by the California Department of Water Resources (DWR). The City of Fresno has become a joint power authority of the North Kings Groundwater Sustainability Agency, other members of the Agency include the County of Fresno, City of Kerman, City of Clovis, Biola Community Services District, Garfield Water District and International Water District. As a member of the North Kings GSA, the City of Fresno is required to participate in the development and implementation, no later than January 31, 2020, of a Fresno County (Fresno) Annex E.48
Multi-Jurisdictional Hazard Mitigation Plan
Groundwater Sustainability Plan (GSP) to ensure a sustainable yield of groundwater, without causing undesirable results. Failure to comply with that requirement could result in the State asserting its power to manage local groundwater resources. Participation in the North Kings GSA and the implementation of a GSP will allow the City to maintain sustainable groundwater supplies while providing insurance against periods of long-term drought, a high significance hazard for the City of Fresno.

Other Alternatives: None, compliance required by law, failure to meet requirements will result in State intervention and oversight.

Responsible Office: City Engineer and North Kings GSA
Priority (High, Medium, Low): High
Cost Estimate: Varies by GSA for preparation of the required GSP. Further expenses are anticipated to be accrued for the planning and construction of groundwater recharge projects.

Potential Funding: Property owner assessments along with grant funding opportunities from the State.

Benefits (Avoided Losses): Preparation and implementation of the GSP by the respective GSAs will result in the management of groundwater in a manner that is sustainable and avoids undesirable results as defined by the California State Department of Water Resources.

Schedule: GSAs must complete and submit the required GSP to DWR by January 31, 2020, which is to be fully implemented and result in sustainability of the groundwater basin, with no undesirable effects, by the year 2040.

Status: New project in 2018
Appendix J
City of Fresno
July 2021 V
Final
2020 Water Shortage Contingency Plan
Attachment 5
Notice of Public Hearing
Notice of Public Hearing
City of Fresno
Draft 2020 Urban Water Management Plan,
Draft 2020 Water Shortage Contingency Plan, &
Draft Appendix L – Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed”
The City of Fresno (City) will hold a public hearing at 10:05 A.M. on Thursday, July 15, 2021, at the City Council Chambers at the City Hall located at 2600 Fresno Street to receive public comments on the City’s Draft 2020 Urban Water Management Plan (2020 UWMP), the City’s Draft 2020 Water Shortage Contingency Plan (2020 WSCP), and a Draft Appendix L – Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed” (Addendum). The Draft 2020 UWMP addresses current and projected water supply availability and reliability and provides a comparison with current and projected water demands through the year 2045. The Draft 2020 WSCP details the City’s potential actions in response to a severe water shortage or water supply emergency. Sections 1.3, 1.4, 1.5, and 1.8 of the Draft 2020 WSCP were revised from a version of the document that was previously released on Monday, July 28, 2021. The Draft Addendum discusses the City’s reduced reliance on the Sacramento-San Joaquin River Delta surface water.

Interested citizens are invited to make public comments on the three documents at the public hearing. Services of an interpreter and additional accommodations such as assistive listening devices can be made available. Requests for accommodations should be made more than five working days but no later than 48 hours prior to the scheduled hearing. Please contact Mr. Peter Maraccini at 559-621-1603 or [email protected].

The three documents will be made available for public review starting July 1, 2021.

Physical copies of the three documents can be found at the following Fresno County Libraries: Central Library (2420 Mariposa St.), Woodward Park Regional Library (944 E Perrin Ave.), Betty Rodriguez Regional Library (3040 N Cedar Ave.), and Sunnyside Regional Library (5566 E Kings Canyon Rd.). Electronic copies of the three documents are available online at https://www.fresno.gov/publicutilities/about-dpu/plans-reportsresources/. Documents can be provided in alternate formats upon request.

Comments may be submitted by calling Utilities Planning & Engineering at 559-621-1603, by writing to Mr. Peter Maraccini, Utilities Planning & Engineering Division, 2101 G Street Bldg. A, Fresno, CA 93706, or by emailing at [email protected]. All written comments must be received no later than July 14, 2021, at 11:59 P.M.

Appendix J
City of Fresno
July 2021 VI
Final
2020 Water Shortage Contingency Plan
Attachment 6
Resolution Approving the WSCP
OF FRe
*
‘"‘Eo oC"
RESOLUTION NO 2021-197
WHEREAS, the Urban Water Management Planning Act, codified at California Water Code Sections 10610, et seq., requires every urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) and update said plan at least once every five years; and
WHEREAS, Water Code Section 10632 requires every urban water supplier to prepare and adopt a Water Shortage Contingency Plan (WSCP) as part of its UWMP; and
WHEREAS, the WSCP details intended City actions to respond to water shortages; and
WHEREAS, as an urban water supplier, the City of Fresno has prepared a WSCP that complies with the requirements of the Urban Water Management Planning Act; and WHEREAS, the City consulted with, and requested comments from, regional water related agencies such as the County of Fresno, Fresno Irrigation District, the City of Clovis, etc., as required by Water Code Section 10641; and WHEREAS, prior to the public hearing on July 15, 2021, the City made the draft 2020 WSCP available for public inspection and placed copies for public review at the following Fresno County Libraries: Central Library, Woodward Park Regional Library, 1 of 3
Resolution No. 2021-197
Date Adopted: 07/15/2021
Date Approved: 07/19/2021
Effective Date: 07/19/2021

A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO ADOPT THE 2020 WATER

SHORTAGE CONTINGENCY PLAN AND AUTHORIZE THE

CITY MANAGER TO DECLARE THE APPROPRIATE

WATER CONSERVATION STAGES AND IMPLEMENT THE

ASSOCIATED SHORTAGE RESPONSE ACTIONS
6 %%
a \'
14 Betty Rodriguez Regional Library, and Sunnyside Regional Library, as well as making electronic copies available to agencies and the public, as required by Water Code Section 10642; and
WHEREAS, on July 1, 2021, and July 8, 2021, respectively, the City published notices on the City Clerk’s website and in the Fresno Bee that on July 15, 2021 at 10:05 a.m. a public hearing regarding the draft 2020 WSCP would be held in Council Chambers at which time public comment on the plan would be received, as required by Water Code Section 10642; and
WHEREAS, on July 15, 2021, at 10:05 a.m. the public hearing was conducted in Council Chambers at which the public was provided the opportunity to comment on the 2020 WSCP.

NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Fresno as follows:

1. The City hereby adopts the 2020 Water Shortage Contingency Plan.

2. The City Manager, or designee, is hereby authorized and directed to file the City of Fresno 2020 Water Shortage Contingency Plan with the California Department of Water Resources, the California State Library, and the County of Fresno within 30 days after adoption.

3. The City Manager, or designee, is hereby authorized to declare the appropriate Water Conservation Stages outlined in the 2020 Water Shortage Contingency Plan and implement the associated shortage response actions specified for the appropriate Water Conservation Stage in the Water Shortage Contingency Plan. * *
2 of 3
=- AVF’c. —O
*
o

STATE OF CALIFORNIA )
15 meeting held on the th day of July ,2021.

Date
BY:
3 of 3
, 2021
, 2021
, 2021
, 2021
AYES
NOES

COUNTY OF FRESNO

CITY OF FRESNO
ABSENT :Bredefeld, Soria
ABSTAIN :None
:Arias, Esparza, Karbassi, Maxwell, Chavez
:None
July 19th
N/A__
N/A
N/A____
Mayor Approval:

Mayor Approval/No Return:

Mayor Veto:

Council Override Veto:

BRIANA PARRA, CMC
Interim City Clerk

APPROVED AS TO FORM
DOUGLAS T. SLOAN
City Attorney
I, BRIANA PARRA, Interim 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 //7
enniferM. Quintanilla
enior Deputy
) ss.
)
oc‘
20/2 1
Date
BY:

Deputy
of FRe,
G 4C
w
July 19, 2021
“Teo oc‘
TO: MAYOR JERRY DYER
FROM
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of July 15, 2021, Council adopted the attached Resolution No. 2021- 197, entitled
APPROVED / NO RETURN:

C) to
Y Date: 1Z419
Jen yer. Mayor
Date:
authorizing the City Manager to declare the appropriate water conservation stages and implement the associated shortage response actions (Subject to Mayor’s veto). Item 10:05 A.M. (4), File ID21-22925, by the following vote:

Ayes
Noes
Absent
Abstain
k
T
Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk’s office on or before July 29, 2021. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk’s office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor’s signed approval.

Council Adoption: 07/15/2021
Mayor Approval:

Mayor Veto:

Override Request:

Arias, Esparza, Karbassi, Maxwell, Chavez
None
Bredefeld, Soria
None
’ "1
-q
— J
' I
(
5 । .1
COUNCIL OVERRIDE ACTION:

Ayes
Noes
Absent
Abstain

WBRIANA PARRA, CMC
Interim City Clerk
-
3 (
[)
VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.)
.3
[
O
no- =
c.
***RESOLUTION - Adopting 2020 Water Shortage Contingency Plan and 1%
K
K
Outreach Events
2015 Outreach Events
Name of EventDate Description
Jan
Jan
March
April
April
April
May
May
May Water-Wise Plant Exchange
June Kids Water Camp
July
Sept Carnaval Children's Festival
Sept Fresno State partnership
Oct Clovis Botanical Plant Sale & Fair
Nov Fresno Fall Improvement Show
Nov Inspiration Park Grand opening
2016 Outreach Events
March Fresno Home & Garden Show
Inspiration Park Grand opening
Outreach booth providing water
saving info & rebate information
Susan Hawksworth extended
education. Began planning for Feb
classes with landscape specialists
Outreach booth providing water
saving info & rebate information
Home Depot - Riverpark Kid's
Day Spring Event
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 days
Spring Fling - Master Gardener
Madden Library Water-wise Plant
Exchange event
Fresno Home Remodeling &
Decorating Show
Large community event
collaborating with several agencies
to share water-wise plants &
information, hands on activities
America's Party for the Planet
Sequoia Middle School Outdoor
Club
"Creating a Water-wise
Landscape: Seven Steps to
Follow our Climate"
Fresno Chinese New Year
Parade
Spring Festival - Clovis Botanical
Garden
Large one day event, hands on
activites, educational for kids 3rd
grade (all elementary schools
invited to participate)
Fresno Fairgrounds 3 day event.

Outreach booth with visual displays
& information
Mosqueda Center Outreach booth,
providing water saving information
& rebates
Landscape Workshop by Susan
Stiltz as SPEAKER for City
employees at City Hall 2600 Fresno
St 93721.Distribute literature E.

Social media: sent email with flier to
City employees. Contact: Melany
Felton. LITERATURE
Outreach booth providing water
saving info & rebate information
Outreach booth providing water
saving info & rebate information
Hands on activity for kids, drought
tolerant plants planting, literature for
adults
Outreach booth providing water
saving info & rebate information
Outreach booth providing water
saving info & rebate information
Provided literature for event held at
Garden of the Sun
Water wise garden speaker,
materials handed out
Spring Into Your GardenMarch
Water Planet DayApril
April
May
July
Sept
Oct Clovis Botanical Plant Sale & Fair
Nov
Dec
2017 Outreach Events
Jan Hmong New Year
Feb
Fresno Home & Garden ShowMarch
March
Work with FNR team to reach
customers in lower income areas
about City services. Leavenworth
Elementary School, 4420 E Thomas
Carnaval @ Mosqueda
Community Center
Fresno Neighborhood
Revitalization
Fresno Remodeling & Decorating
Show
Outreach booth providing water
saving info & rebate information.

Visual displays
8th Annual Water-Wise Plant
Exchange
Work with FNR team to reach
customers in lower income areas
about City services. Hildago
Elementary 3550 E Thomas 93702
Senior Spring Fling @ Mosqueda
Community Center
Fresno Fall Home Improvement
Show
Fresno Neighborhood
Revitalization
Fresno Neighborhood
Revitalization
Large community event
collaborating with several agencies
to share water-wise plants &
information, hands on activities
Outreach booth providing water
saving info & rebate information
Visual displays. 3 days
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 days
Work with FNR team to reach
customers in lower income areas
about City services. Orchard St. &
Grant Ave
Outreach booth providing water
saving info & rebate information.

Hmong translator & printed
materials in Hmong
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information
Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 days
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays
April
April
April
May
July
Sept
Oct Clovis Botanical Plant Sale & Fair
Oct
Nov
2018 Outreach Events
March Fresno Home & Garden Show
March Spring Into Your Garden Festival
April
May
July
Outreach booth providing water
saving info & rebate information
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 day event
10th Annual Water Wise Plant
Exchange
Fresno Neighborhood
Revitalization
Outreach booth providing water
saving info & rebate information
Visual displays. 3 days
Fresno Remodeling & Decorating
Show
Fresno Fall Home Improvement
Show
Senior Spring Fling @ Mosqueda
Community Center
Fresno Neighborhood
Revitalization
Senior Spring Fling @ Mosqueda
Community Center
9th Annual Water-Wise Plant
Exchange
Large community event
collaborating with several agencies
to share water-wise plants &
information, hands on activities
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 day event
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information
Work with FNR team to reach
customers in lower income areas
about City services. Slater
Elementary school 4472 N
Emerson 93705
Large community event
collaborating with several agencies
to share water-wise plants &
information, hands on activities
Make A Difference Day @
Chukchansi Park
Work with FNR team to reach
customers in lower income areas
about City services. Webster
Elementary School, 2600 E Tyler
93701
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 days
Outreach booth providing water
saving info & rebate information
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays
Fresno Remodeling & Decorating
Show
Carnaval @ Mosqueda
Community Center
Sept
Sept
Oct Clovis Botanical Plant Sale & Fair
Nov
2019 Outreach Events
March Fresno Home & Garden Show
March Spring Into Your Garden Festival
April
April
May
May
July
Sept
Oct Clovis Botanical Plant Sale & Fair
Nov
2020 Outreach Events
All Outreach Suspended
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 day event
Carnaval @ Mosqueda
Community Center
Carnaval @ Mosqueda
Community Center
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 day event
Party for the Planet @ Chaffee
Zoo
11th Annual Water Wise Plant
Exchange
Fresno Remodeling & Decorating
Show
Fresno Fall Home Improvement
Show
Central California Women's
Conference
Fresno Fall Home Improvement
Show
Senior Spring Fling @ Mosqueda
Community Center
Large community event
collaborating with several agencies
to share water-wise plants &
information, hands on activities
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 day event
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays. 3 days
Outreach booth providing water
saving info & rebate information
Visual displays
Outreach booth providing water
saving info & rebate information.

Visual displays
Outreach booth providing water
saving info & rebate information.

Visual Display
Outreach booth providing water
saving info & rebate information
Visual Display
Outreach booth providing water
saving info & rebate information.

Visual Display
Outreach booth @ Manchester
Mall
L
L
Notification Letters
City of
Department of Public Utilities
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Bakman:

We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Shay Bakman
Bakman Water Company
PO Box 7965
Fresno, CA 93747
Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements fora 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
.___ CAIge •• l—=*av
Sincerely,
/04/
Brock D. Buche, PE, PLS
Assistant Director
City of
Department of Public Utilities
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Redelfs:

Sincerely,
Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Brock D. Buche, PE, PLS
Assistant Director
Scott Redelfs
City of Clovis Public Utilities
155 N. Sunnyside Ave
Clovis, CA 93611
Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Stretch:

Sincerely,
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Bill Stretch
Fresno Irrigation District
2907 South Maple Ave
Fresno, CA 93725
Brock D. Buche, PE, PLS
Assistant Director
Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Utilities Planning & Engineering
2101 G Street, Bldg A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
I 1 ==== a
Department of Public Utilities
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Sanchez:

Sincerely,
>22,4/
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Peter Sanchez
Fresno Metropolitan Flood Control District
5469 East Olive Ave
Fresno, CA 93727
Brock D. Buche, PE, PLS
Assistant Director
Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.
•Hl==i was
Department of Public Utilities
SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. White:

Sincerely,
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Steven White
Fresno County Public Works
2220 Tulare St, 6th Floor
Fresno, CA 93721
Brock D. Buche, PE, PLS
Assistant Director
Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
I ■ l==*i Taa
Department of Public Utilities
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Phillips:

Sincerely,
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Jason Phillips
Friant Water Authority
4969 E. McKinley Ave, Suite 201
Fresno, CA 93727
Brock D. Buche, PE, PLS
Assistant Director
Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
I I T===m =
Department of Public Utilities
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Keller:

Sincerely,
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Brock D. Buche, PE, PLS
Assistant Director
Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
Nick Keller
Garfield Water District
PO Box 337
Clovis, CA 93613
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
■ ■ 1===** ‘ s
Department of Public Utilities
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Ortiz:

Sincerely,
We invite your agency's participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Moises Ortiz
Malaga County Water District
3580 South Frank Street
Fresno, CA 93725-2511
Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Brock D. Buche, PE, PLS
Assistant Director
Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
•• 1===** •
Department of Public Utilities
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mrs. Chauhan:

Sincerely,
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Kassy D. Chauhan, PE
North Kings Groundwater Sustainability Agency
2907 S. Maple Avenue
Fresno, CA 93725
Brock D. Buche, PE, PLS
Assistant Director
Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
■ li ===*= **
Department of Public Utilities
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Franklin:

Sincerely,
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Jason Franklin
Pinedale County Water District
480 West Birch Ave
Pinedale, CA 93650
Brock D. Buche, PE, PLS
Assistant Director
Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
ITl==s*im*
Department of Public Utilities
City of
March 16, 2021
ELECTRONIC MAIL and sent USPS
Dear Mr. Jackson:

Sincerely,
We invite your agency’s participation in the City’s preparation of the 2020 UWMP and WSCP.

A draft of the updated 2020 UWMP will be made available for public review and a public hearing will be scheduled for mid-June 2021 to hear public comments, discuss and consider adoption of the 2020 UWMP and WSCP. The City will notify you when the draft documents are released and of the date, time, and location of the subsequent public hearing.

Until that time, if you would like more information regarding the City’s 2020 UWMP and WSCP, please contact Mr. Peter Maraccini by telephone at 559-621-1603 or by email at [email protected].

Brock D. Buche, PE, PLS
Assistant Director
Michael P. Jackson, PE
United States Bureau of Reclamation South-Central California Area Office 1243 N Street
Fresno, CA 93721-1813
Utilities Planning & Engineering
2101 G Street, Bldg. A
Fresno, California 93706
559-621-8600 - FAX 559-498-4126
www.fresno.gov
In accordance with the Urban Water Management Planning Act (California Water Code Sections 10610 to 10656), the City of Fresno (City) is required to update its Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) to meet the California Department of Water Resources (DWR) requirements for a 2020 UWMP and WSCP.

SUBJECT: NOTICE OF PREPARATION FOR CITY OF FRESNO 2020 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
•T===*m Ta
Department of Public Utilities
Notice of Public Hearing
City of Fresno
Draft 2020 Urban Water Management Plan,
Draft 2020 Water Shortage Contingency Plan, &
Draft Appendix L – Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed”
The City of Fresno (City) will hold a public hearing at 10:05 A.M. on Thursday, July 15, 2021, at the City Council Chambers at the City Hall located at 2600 Fresno Street to receive public comments on the City’s Draft 2020 Urban Water Management Plan (2020 UWMP), the City’s Draft 2020 Water Shortage Contingency Plan (2020 WSCP), and a Draft Appendix L – Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed” (Addendum). The Draft 2020 UWMP addresses current and projected water supply availability and reliability and provides a comparison with current and projected water demands through the year 2045. The Draft 2020 WSCP details the City’s potential actions in response to a severe water shortage or water supply emergency. Sections 1.3, 1.4, 1.5, and 1.8 of the Draft 2020 WSCP were revised from a version of the document that was previously released on Monday, July 28, 2021. The Draft Addendum discusses the City’s reduced reliance on the Sacramento-San Joaquin River Delta surface water.

Interested citizens are invited to make public comments on the three documents at the public hearing. Services of an interpreter and additional accommodations such as assistive listening devices can be made available. Requests for accommodations should be made more than five working days but no later than 48 hours prior to the scheduled hearing. Please contact Mr. Peter Maraccini at 559-621-1603 or [email protected].

The three documents will be made available for public review starting July 1, 2021.

Physical copies of the three documents can be found at the following Fresno County Libraries: Central Library (2420 Mariposa St.), Woodward Park Regional Library (944 E Perrin Ave.), Betty Rodriguez Regional Library (3040 N Cedar Ave.), and Sunnyside Regional Library (5566 E Kings Canyon Rd.). Electronic copies of the three documents are available online at https://www.fresno.gov/publicutilities/about-dpu/plans-reportsresources/. Documents can be provided in alternate formats upon request.

Comments may be submitted by calling Utilities Planning & Engineering at 559-621-1603, by writing to Mr. Peter Maraccini, Utilities Planning & Engineering Division, 2101 G Street Bldg. A, Fresno, CA 93706, or by emailing at [email protected]. All written comments must be received no later than July 14, 2021, at 11:59 P.M.

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 59161 92995 Print Legal Ad - IPL0030763 $861.84 2 5.31
City of Fresno Dept. Public Utilities
2101 G Street Bldg A
Fresno, CA 93706
Attention: City of
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Notary Public in and for the state of Texas, residing in Dallas County
No. of Insertions: 1
Beginning Issue of: 07/01/2021
Ending Issue of: 07/01/2021

COUNTY OF DALLAS

STATE OF TEXAS
The undersigned states:

McClatchy Newspapers in and on all dates herein stated
was a corporation, and the owner and publisher of The
Fresno Bee.

The Fresno Bee is a daily newspaper of general
circulation now published, and on all-the-dates herein
stated was published in the City of Fresno, County of
Fresno, and has been adjudged a newspaper of general
circulation by the Superior Court of the County of
Fresno, State of California, under the date of November 28, 1994, Action No. 520058-9.

The undersigned is and on all dates herein mentioned
was a citizen of the United States, over the age of
twenty-one years, and is the principal clerk of the
printer and publisher of said newspaper; and that the
notice, a copy of which is hereto annexed, marked
Exhibit A, hereby made a part hereof, was published in
The Fresno Bee in each issue thereof (in type not
smaller than nonpareil), on the following dates.

Dated: 07/01/2021

PUBLIC NOTICE
Notice of Public Hearing
Draft 2020 Water Shortage Contingency Plan, &
(
Cop pad
Ae MCCLATCHY
The Herald - Rock Hill
Herald Sun - Durham
Idaho Statesman
Island Packet
Kansas Qty Star
Lexington Herald-Leader
Merced Sun-Star
Miami Herald
Sun News - Myrtle Beach
The News Tribune Tacoma
The Telegraph - Macon
San Luis Obispo Tribune
Tri-City Herald
Wichita Eagle
Beaufort Gazette
Belleville News-Democrat
Bellingham Herald
Bradenton Herald
Centre Daily Times
Charlotte Observer
Columbus Ledger-Enquirer
Fresno Bee

AMANDADANN GRISHAM
My Notary IDs 132031326
Expires May 30,2023
The City of Fresno (City) will hold a public hearing at 10:05 A.M. on Thursday, July 15,2021, at the City Council Chambers at the City Hall located at 2600 Fresno Street to receive public comments on the City’s Draft 2020 Urban Water Management Plan (2020 UWMP), the City’s Draft 2020 Water Shortage Contingency Plan (2020 WSCP), and a Draft Appendix L - Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed” (Addendum).

The Draft 2020 UWMP addresses current and projected water supply availability and reliability and provides a comparison with current and projected water demands through the year 2045. The Draft 2020 WSCP details the City’s potential actions in response to a severe water shortage or water supply emergency. Sections 1.3, 1.4, 1.5, and 1.8 of the Draft 2020 WSCP were revised from a version of the document that was previously released on Monday, July 28, 2021. The Draft Addendum discusses the City’s reduced reliance on the Sacramento-San Joaquin River Delta surface water.

Interested citizens are invited to make public comments on the three documents at the public hearing. Services of an interpreter and additional accommodations such as assistive listening devices can be made available. Requests for accommodations should be made more than five working days but no later than 48 hours prior to the scheduled hearing. Please contact Mr. Peter Maraccini at 559-621-1603 or Peter.Maraccini@ Fresno.gov.
el Nuevo Herald - Miami
Modesto Bee
Raleigh News & Observer
The Olympian
Sacramento Bee
Fort Worth Star-Telegram
The State - Columbia
Sun Herald - Biloxi
The three documents will be made available for public review starting July 1, 2021. Physical copies of the three documents can be found at the following Fresno County Libraries: Central Library (2420 Mariposa St.), Woodward Park Regional Library (944 E Perrin Ave.), Betty Rodriguez Regional Library (3040 N Cedar Ave.), and Sunnyside Regional Library (5566 E Kings Canyon Rd.).

Electronic copies of the three documents are available online at https ://www. fresno.gov/publicutilities/about-dpu/plans-reports-resources/.

Documents can be provided in alternate formats upon request.

Comments may be submitted by calling Utilities Planning & Engineering at 559- 621-1603, by writing to Mr. Peter Maraccini, Utilities Planning & Engineering Division, 2101 G Street Bldg. A, Fresno, CA 93706, or by emailing at Peter.

Maraccini @ Fresno.gov. All written comments must be received no later than July 14, 2021, at 11:59 PM.

IPL0030763
Jul 1 2021
Draft Appendix L - Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed”
City of Fresno
Draft 2020 Urban Water Management Plan,

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 59161 95606 Print Legal Ad - IPL0031437 $861.84 2 53 L
City of Fresno Dept. Public Utilities
2101 G Street Bldg A
Fresno, CA 93706
Attention: City of
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Notary Public in and for the state of Texas, residing in Dallas County
No. of Insertions: 1
Beginning Issue of: 07/08/2021
Ending Issue of: 07/08/2021

COUNTY OF DALLAS

STATE OF TEXAS
The undersigned states:

McClatchy Newspapers in and on all dates herein stated
was a corporation, and the owner and publisher of The
Fresno Bee.

The Fresno Bee is a daily newspaper of general
circulation now published, and on all-the-dates herein
stated was published in the City of Fresno, County of
Fresno, and has been adjudged a newspaper of general
circulation by the Superior Court of the County of
Fresno, State of California, under the date of November 28, 1994, Action No. 520058-9.

The undersigned is and on all dates herein mentioned
was a citizen of the United States, over the age of
twenty-one years, and is the principal clerk of the
printer and publisher of said newspaper; and that the
notice, a copy of which is hereto annexed, marked
Exhibit A, hereby made a part hereof, was published in
The Fresno Bee in each issue thereof (in type not
smaller than nonpareil), on the following dates.

Dated: 07/08/2021

PUBLIC NOTICE
Notice of Public Hearing
Draft 2020 Water Shortage Contingency Plan, &
(
Cop pad
Ae MCCLATCHY
Draft Appendix L - Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed” The Herald - Rock Hill
Herald Sun - Durham
Idaho Statesman
Island Packet
Kansas Qty Star
Lexington Herald-Leader
Merced Sun-Star
Miami Herald
Sun News - Myrtle Beach
The News Tribune Tacoma
The Telegraph - Macon
San Luis Obispo Tribune
Tri-City Herald
Wichita Eagle
Beaufort Gazette
Belleville News-Democrat
Bellingham Herald
Bradenton Herald
Centre Daily Times
Charlotte Observer
Columbus Ledger-Enquirer
Fresno Bee

AMANDADANN GRISHAM
My Notary IDs 132031326
Expires May 30,2023
The City of Fresno (City) will hold a public hearing at 10:05 A.M. on Thursday, July 15, 2021, at the City Council Chambers at the City Hall located at 2600 Fresno Street to receive public comments on the City's Draft 2020 Urban Water Management Plan (2020 UWMP), the City’s Draft 2020 Water Shortage Contingency Plan (2020 WSCP), and a Draft Appendix L - Addendum to the City of Fresno’s 2015 Urban Water Management Plan, “Quantifying Regional Self Reliance and Reduced Reliance on Water Supplies from the Delta Watershed” (Addendum). The Draft 2020 UWMP addresses current and projected water supply availability and reliability and provides a comparison with current and projected water demands through the year 2045. The Draft 2020 WSCP details the City’s potential actions in response to a severe water shortage or water supply emergency. Sections 1.3,1.4,1.5, and 1.8 of the Draft 2020 WSCP were revised from a version of the document that was previously released on Monday, July 28, 2021. The Draft Addendum discusses the City’s reduced reliance on the Sacramento-San Joaquin River Delta surface water. el Nuevo Herald - Miami
Modesto Bee
Raleigh News & Observer
The Olympian
Sacramento Bee
Fort Worth Star-Telegram
The State - Columbia
Sun Herald - Biloxi
The three documents will be made available for public review starting July 1, 2021. Physical copies of the three documents can be found at the following Fresno County Libraries: Central Library (2420 Mariposa St.), Woodward Park Regional Library (944 E Perrin Ave.), Betty Rodriguez Regional Library (3040 N Cedar Ave.), and Sunnyside Regional Library (5566 E Kings Canyon Rd.). Electronic copies of the three documents are available online at https://www. fresno.gov/publicutilities/about-dpu/plans-reports-resources/.

Documents can be provided in alternate formats upon request.

Interested citizens are invited to make public comments on the three documents at the public hearing. Services of an interpreter and additional accommodations such as assistive listening devices can be made available. Requests for accommodations should be made more than five working days but no later than 48 hours prior to the scheduled hearing. Please contact Mr. Peter Maraccini at 559-621-1603 or [email protected] Comments may be submitted by calling Utilities Planning & Engineering at 559- 621-1603, by writing to Mr. Peter Maraccini, Utilities Planning & Engineering Division, 2101 G Street Bldg. A, Fresno, CA 93706, or by emailing at Peter.

[email protected]. All written comments must be received no later than July 14, 2021, at 11:59 RM.

IPL0031437
Jul 8 2021
City of Fresno
Draft 2020 Urban Water Management Plan,
M
M
Adopting Resolutions
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RESOLUTION NO. 2021-196
WHEREAS, the Urban Water Management Planning Act, codified at California Water Code Sections 10610, et seq., requires every urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) and update said plan at least once every five years; and
WHEREAS, the City adopted its current UWMP on June 23, 2016; and WHEREAS, the requirements of an UWMP are to generally: (1) assess current and projected water supplies, (2) evaluate water demand and customer types, (3) evaluate reliability of water supplies, (4) compare demand and supply projections for a 20-year period, and (5) detail response actions in the event of a water shortage; and WHEREAS, as an urban water supplier, the City of Fresno has prepared the UWMP to comply with the requirements of the Urban Water Management Planning Act; and
WHEREAS, the City consulted with, and requested comments from, regional water related agencies such as the County of Fresno, Fresno Irrigation District, the City of Clovis, etc., as required by Water Code Section 10641; and WHEREAS, prior to the public hearing on July 15, 2021, the City made the draft 2020 UWMP available for public inspection and placed copies for public review at the following Fresno County Libraries: Central Library, Woodward Park Regional Library, Betty Rodriguez Regional Library, and Sunnyside Regional Library, as well as making 1 of 3
Resolution No. 2021-196
Date Adopted: 07/15/2021
Date Approved: 07/19/2021
Effective Date: 07/19/2021

A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO ADOPT THE 2020 URBAN

WATER MANAGEMENT PLAN
O
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"rep oc‘-V1
electronic copies available to agencies and the public, as required by Water Code Section 10642; and
WHEREAS, on July 1, 2021, and July 8, 2021, respectively, the City published notices on the City Clerk's website and in the Fresno Bee that on July 15, 2021 at 10:05 a.m. a public hearing regarding the draft 2020 UWMP would be held in Council Chambers at which public comment on the plan would be received, as required by Water Code Section 10642; and
WHEREAS, on July 15, 2021, at 10:05 a.m. the public hearing was conducted in Council Chambers at which the public was provided the opportunity to comment on the 2020 UWMP.

NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Fresno as follows:

1. The City hereby adopts the 2020 Urban Water Management Plan.

2. The City Manager, or designee, is hereby authorized and directed to file the City of Fresno 2020 Urban Water Management Plan with the California Department of Water Resources, the California State Library, and the County of Fresno within 30 days after adoption.
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STATE OF CALIFORNIA )
15 meeting held on the th day of .lulv ,2021.
7/2/2
Date
BY:
3 of 3
, 2021
, 2021
, 2021
, 2021
AYES
NOES

COUNTY OF FRESNO

CITY OF FRESNO
ABSENT :Bredefeld, Soria
ABSTAIN :None
:Arias, Esparza, Karbassi, Maxwell, Chavez
:None
Mayor Approval:

Mayor Approval/No Return:

Mayor Veto:

Council Override Veto:
nifer M. Quintanilla
nior Deputy

BRIANA PARRA, CMC
Interim City Clerk
APPROVED AS TO FORM:

DOUGLAS T. SLOAN
City Attorney
7/20/21
Date
July 19th
N/A____
N/A
N/A____
I, BRIANA PARRA, Interim 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 ) ss.
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BY:

Deputy
w
July 19, 2021
TO: MAYOR JERRY DYER
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO At the City Council meeting of July 15, 2021, Council adopted the attached Resolution No. 2021- 196, entitled
Mayor’s veto). Item 10:05 A.M. (3), File ID21-22925, by the following vote:

APPROVED/ NO RETURN:

Date: 7//7
Date:
m
i ■ 1
Ayes
Noes
Absent
Abstain
„)
—
Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk’s office on or before July 29, 2021. In computing the ten day period required by Charter, the first day has been excluded and the tenth day has been included unless the 10th day is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk’s office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor’s signed approval.

Council Adoption: 07/15/2021
Mayor Approval:

Mayor Veto:

Override Request:

Arias, Esparza, Karbassi, Maxwell, Chavez
None
Bredefeld, Soria
None
73 [
O
rn
Jerry Dyer, Mayor
COUNCIL OVERRIDE ACTION:

Ayes :

Noes :

Absent
Abstain
VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.)
O. gll. /
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FROM WBRIANA PARRA, CMC
Interim City Clerk
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***RESOLUTION - Adopting 2020 Urban Water Management Plan (Subject to C) _
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RESOLUTION NO 2021-197
WHEREAS, the Urban Water Management Planning Act, codified at California Water Code Sections 10610, et seq., requires every urban water supplier to prepare and adopt an Urban Water Management Plan (UWMP) and update said plan at least once every five years; and
WHEREAS, Water Code Section 10632 requires every urban water supplier to prepare and adopt a Water Shortage Contingency Plan (WSCP) as part of its UWMP; and
WHEREAS, the WSCP details intended City actions to respond to water shortages; and
WHEREAS, as an urban water supplier, the City of Fresno has prepared a WSCP that complies with the requirements of the Urban Water Management Planning Act; and WHEREAS, the City consulted with, and requested comments from, regional water related agencies such as the County of Fresno, Fresno Irrigation District, the City of Clovis, etc., as required by Water Code Section 10641; and WHEREAS, prior to the public hearing on July 15, 2021, the City made the draft 2020 WSCP available for public inspection and placed copies for public review at the following Fresno County Libraries: Central Library, Woodward Park Regional Library, 1 of 3
Resolution No. 2021-197
Date Adopted: 07/15/2021
Date Approved: 07/19/2021
Effective Date: 07/19/2021

A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO ADOPT THE 2020 WATER

SHORTAGE CONTINGENCY PLAN AND AUTHORIZE THE

CITY MANAGER TO DECLARE THE APPROPRIATE

WATER CONSERVATION STAGES AND IMPLEMENT THE

ASSOCIATED SHORTAGE RESPONSE ACTIONS
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14 Betty Rodriguez Regional Library, and Sunnyside Regional Library, as well as making electronic copies available to agencies and the public, as required by Water Code Section 10642; and
WHEREAS, on July 1, 2021, and July 8, 2021, respectively, the City published notices on the City Clerk’s website and in the Fresno Bee that on July 15, 2021 at 10:05 a.m. a public hearing regarding the draft 2020 WSCP would be held in Council Chambers at which time public comment on the plan would be received, as required by Water Code Section 10642; and
WHEREAS, on July 15, 2021, at 10:05 a.m. the public hearing was conducted in Council Chambers at which the public was provided the opportunity to comment on the 2020 WSCP.

NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Fresno as follows:

1. The City hereby adopts the 2020 Water Shortage Contingency Plan.

2. The City Manager, or designee, is hereby authorized and directed to file the City of Fresno 2020 Water Shortage Contingency Plan with the California Department of Water Resources, the California State Library, and the County of Fresno within 30 days after adoption.

3. The City Manager, or designee, is hereby authorized to declare the appropriate Water Conservation Stages outlined in the 2020 Water Shortage Contingency Plan and implement the associated shortage response actions specified for the appropriate Water Conservation Stage in the Water Shortage Contingency Plan. * *
2 of 3
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STATE OF CALIFORNIA )
15 meeting held on the th day of July ,2021.

Date
BY:
3 of 3
, 2021
, 2021
, 2021
, 2021
AYES
NOES

COUNTY OF FRESNO

CITY OF FRESNO
ABSENT :Bredefeld, Soria
ABSTAIN :None
:Arias, Esparza, Karbassi, Maxwell, Chavez
:None
July 19th
N/A__
N/A
N/A____
Mayor Approval:

Mayor Approval/No Return:

Mayor Veto:

Council Override Veto:

BRIANA PARRA, CMC
Interim City Clerk

APPROVED AS TO FORM
DOUGLAS T. SLOAN
City Attorney
I, BRIANA PARRA, Interim 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 //7
enniferM. Quintanilla
enior Deputy
) ss.
)
oc‘
20/2 1
Date
BY: