* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, AMY K. ALLER, 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 meeting held on the __ day of ______ , 2025.
AYES
NOES
ABSENT
ABSTAIN :
Mayor Approval: _______________ , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: ___________ _
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
Attachments
AMY K. ALLER
Interim City Clerk
By: ___________ _
Date
Deputy
Exhibit A - Sales Agreement between the United States and City of Fresno for the Sale of Unreleased Restoration Flows
3 of 3
Agreement No. 24-WC-20 -6209
1 UNITED STATES 1
DEPARTMENT OF THE INTERIOR 2
BUREAU OF RECLAMATION 3
Central Valley Project, California 4
SALES AGREEMENT BETWEEN THE UNITED STATES 5
AND 6
CITY OF FRESNO 7
FOR SALE OF UNRELEASED RESTORATION FLOWS 8
THIS AGREEMENT, made this _____ day of ___________, 2025, is entered into 9 pursuant to the Act of June 17, 1902, (32 Stat. 388), and acts amendatory or supplementary 10 thereto, including but not limited to Section 3406 (c)(1) of the Reclamation Projects 11 Authorization and Adjustment Act of 1992 (PL 102-575; 106 Stat. 4721), Title X, Subtitle A, of 12 the Act of March 30, 2009, (PL 111-11; 123 Stat. 1349), also referred to as the San Joaquin 13 River Restoration Settlement Act , hereinafter referred to as SJRRSA, all collectively hereinafter 14 referred to as Federal Reclamation law, between the UNITED STATES OF AMERICA, 15 hereinafter referred to as the United States, and the CITY OF FRESNO, hereinafter referred to as 16 the Contractor, a Central Valley Project (Project), Friant Division long -term contractor. 17 WITNESSETH, That: 18
[1st] WHEREAS, pursuant to the Stipulation of Settlement in Natural Resources 19 Defense Council, et al., v. Kirk Rodgers, et al. , hereinafter referred to as Settlement, and the 20 SJRRSA, the Secretary of the Interior, acting through the Bureau of Reclamation, hereinafter 21 referred to as Contracting Officer, is directed to implement a program that releases 22 Restoration Flows from Friant Dam; and 23
[2nd] WHEREAS, consistent with Paragraph 13(i) of the Settlement, if, for any reason, 24 full Restoration Flows are not released in any year beginning January 1, 2014, the Contracting 25 Exhibit A
Agreement No. 24-WC-20 -6209
2 Officer shall release as much of the Restoration Flows as possible, in consultation with the 26 Restoration Administrator, in light of then -existing channel capacity and without delaying 27 completion of the Phase 1 improvements; and 28
[3rd] WHEREAS, the Contracting Officer, in consultation with the 29 Restoration Administrator, shall use the amount of the Restoration Flows not released in any 30 such year, hereinafter referred to as Unreleased Restoration Flows or URFs, by taking one or 31 more of the steps prescribed in Paragraph 13(i) of the Settlement to best achieve the Restoration 32 Goal, as determined by the Contracting Officer; and 33
[4th] WHEREAS, the Contractor and the United States have entered into 34 Contract No. 14-06-200-8901D, hereinafter referred to as Contract, for the delivery of Project 35 Water; and 36
[5th] WHEREAS, Article 3(f) of the Contract provides for, following the declaration of 37 Water Made Available under Article 4 of the Contract, the Contracting officer to make a 38 determination whether Project Water, or other water available to the Project, can be made 39 available to the Contractor in addition to the Contractor Total provided in Article 3(a) of the 40 Contract during the Year without adversely impacting the Project or other Project Contractors 41 and consistent with the Secretary of the Interior’s legal obligations. 42 NOW, THEREFORE, in consideration of the mutual and dependent covenants herein 43 contained, the parties mutually agree as follows: 44
DEFINITIONS 45
Agreement No. 24-WC-20 -6209
3 1. When used herein unless otherwise distinctly expressed, or manifestly 46 incompatible with the intent of the parties as expressed in this Agreement, the term: 47 (a) “Operating Non-Federal Entity” shall mean the Friant Water Authority, its 48 successors or assigns, which has the obligation to operate and maintain Project facilities in the 49 Friant Division pursuant to a separate agreement with the United States and which may have 50 funding obligations with respect thereto , and the San Luis & Delta-Mendota Water Authority, its 51 successors or assigns, which has the obligation to operate and maintain Project facilities in the 52 Delta Division pursuant to a separate agreement with the United States and which may have 53 funding obligations with respect thereto ; 54
(b) “Project” shall mean the Central Valley Project owned by the United 55 States and managed by the Department of Interior, Bureau of Reclamation; 56 (c) “Project Contractors” shall mean all parties who have a long -term water 57 service or repayment contract for Project Water from the Project with the United States pursuant 58 to Federal Reclamation law; 59
(d) “Project Water” shall mean all water that is developed, diverted, stored, or 60 delivered by the Secretary in accordance with the statutes authorizing the Project and in 61 accordance with the terms and conditions of water rights acquired pursuant to California law; 62 (e) “Restoration Flows” shall mean releases from Friant Dam in accordance 63 with Exhibit B of the Settlement or modified by the Restoration Administrator ; 64 (f) “Restoration Goal” shall mean to restore and maintain fish populations in 65 “good condition” in the main stem of the San Joaquin River below Friant Dam to the confluence 66 of the Merced River, including naturally -producing and self-sustaining populations of salmon 67 Agreement No. 24-WC-20 -6209
4 and other fish; 68
(g) “Water Management Goal” shall mean to reduce or avoid adverse water 69 supply impacts to all of the Friant Division long-term water contractors or repayment contractors 70 that may result from the Interim Flows and Restoration F lows provided for in the SJRRSA; 71 (h) “Unreleased Restoration Flows” shall mean those Restoration Flows 72 which cannot be released from Friant Dam in accordance with the Restoration Administrator’s 73 schedule. 74
TERMS OF AGREEMENT 75
1. This Agreement shall become effective on the date first hereinabove written and 76 shall remain in effect through February 29, 2028 and shall supersede any previous URF 77 agreements with the Contractor : Provided, that any performance of the obligations provided in 78 Articles 4, 7, and 9 of this Agreement shall survive the termination date of this Agreement and 79 shall continue until all such obligations are complete. 80
2. Pursuant to Article 3(f) of the Contract and consistent with all applicable State 81 water rights, permits and licenses, Federal law, and the Settlement including SJRRSA, the 82 Contracting Officer shall make available for delivery to the Contractor an agreed upon amount of 83 URF water to be made available during this water year up to 12,113 acre-feet. This URF water 84 is to be delivered within the Contractor’s Service Area for reasonable and beneficial uses in 85 accordance with the terms of the Contract and or to other areas upon Contracting Officer 86 approval pursuant to Article 7 herein ; provided, that the Parties understand and agree that the 87 availability of URFs are subject to Paragraph 13(i) of the Settlement and will be furnished if, 88 as, and when it can be made available, as solely and conclusively determined by the Contracting 89 Agreement No. 24-WC-20 -6209
5 Officer. 90
3. URF water will be made available under this agreement to Friant Division 91 contractors first, per the allocation on Exhibit A of this Agreement. Exhibit A will be updated 92 for acre-feet of water made available by block, and for price, when new tiers or blocks of water 93 are approved for delivery. Each block of URF water will be allocated to each Friant Division 94 Contractor based on their Class 1, and/or their Class 2, contract water supply, as a percent (%) to 95 the total Class 1 and/or Class 2 water supply for all Friant Division Contractors on a pro rata 96 basis. Should any Contractor choose not to take its full pro rata share of a URF water block, that 97 unused water will be redistributed for sale to the other Friant Division Contractors. Should there 98 be any remaining URF water not claimed by either Class 1 or Class 2 Friant Division Contractors 99 that water will then be made available to non -Friant Division Contractors. 100
4. The Contractor’s share of, and price per acre -foot, for each block of URF water is 101 shown on Exhibit A of this Agreement and subsequent revisions thereof. The formula to 102 determine URF pricing is shown in Exhibit C of this Agreement. Prior to a block of water being 103 released for sale, contractors may reduce their committed share of a given block upon request or 104 may commit to a larger share of a given block, should any unused water be available. Changes 105 to a Contractor’s commitment of a block cannot be made after the URF block is released for 106 delivery. Payment is due immediately upon the release of the URF block . Upon release of a 107 URF block, the Contractor shall also submit to the Contracting Officer a written schedule that is 108 satisfactory to the Contracting Officer, providing for the total volume of URF water made 109 available, and for delivery of this water within the specified time period it is made available, 110 under the then current block of URF water made available as shown on Exhibit A of this 111 Agreement No. 24-WC-20 -6209
6 Agreement. Subsequent blocks of URF water shall be distributed in a similar manner. 112
5. Upon submission of the schedule by the Contractor, as provided in Article 4 113 herein, the Contractor shall ensure payment has been made to the United States equal to the total 114 volume of URF water made available by block and at the sales price for that block of URF water. 115 URFs shall not be delivered to the Contractor prior to receipt of full payment. The Contractor is 116 responsible for the payment of any and all blocks of water that they agree to purchase, whether 117 or not they take delivery of this water within the specified time period it is made available . 118
6. Any discrepancy in location, delivery , or measurement between this Agreement 119 and the Contract shall be reconciled by the Contracting Officer, after consultation with the 120 Contractor. 121
7. URF waters made available to the Contractor pursuant to this Agreement may be 122 sold, transferred, exchanged, or banked in accordance with Articles 3(d) and 10( a) of the 123 Contract, and as otherwise authorized in the Contract. 124
8. In compliance with the Water Management Goals of the Settlement, the 125 Contracting Officer shall not undertake any action pursuant to this Agreement that results in 126 further water delivery reductions to any Friant Division long -term contractor beyond what would 127 have been caused by releases in accordance with Exhibit B of the Settlement. In the event that 128 capacity is no longer available in Millerton Reservoir for URF water that has accrued pursuant to 129 this Agreement, as solely and conclusively determined by the Contracting Officer, the URFs 130 determined by the Contracting Officer to have previously accrued in Millerton Reservoir, and not 131 yet delivered to Contractor, shall be among the first water spilled in accordance with the Friant 132 Operational Guidelines for Millerton Reservoir and Restoration Flow Guidelines ; provided, that 133 Agreement No. 24-WC-20 -6209
7 the Contracting Officer will, to the extent practicable, inform the Contractor by written notice, or 134 otherwise, of any impending spill of URFs from Millerton Reservoir. Guidance on the 135 determination of URF spill is available in Exhibit B of this agreement. 136
9. In the event the quantity of URFs diverted by the Contractor exceeds the quantity 137 of URFs available pursuant to this Agreement , the Contractor shall immediately take all 138 reasonable actions to adjust their schedules or make available a like amount of water , from the 139 Contractor’s current year Class 1 and/or Class 2 water made available supply, in the Project 140 Facilities for use by the United States for Project purposes. If the Contractor has taken delivery 141 of all water made available in the current water year, then water delivered in excess of URF 142 water made available to the Contractors shall be accounted for as “pre-use” water per Article 143 3(g) of the Contract and will be deducted from Class 1 and/or Class 2 water made available to 144 the Contractor in subsequent water years. 145
10. All payments received by the United States from the Contractor pursuant to this 146 Agreement shall be deposited into the San Joaquin River Restoration Settlement Fund. 147
11. The Contractor shall be solely responsible for making any and all payments to the 148 Operating Non-Federal Entity for any operation and maintenance or additional costs associated 149 with the delivery of URFs pursuant to this Agreement . The Contracting Officer will not impose 150 additional Surcharge payments for this water. 151
12. The San Joaquin River Restoration Program shall determine whether URFs 152 delivered to the Contractor pursuant to this Agreement be considered an offset to the 153 Contractor’s Recovered Water Account pursuant to Paragraph 16(b) of the Settlement. Guidance 154 on this topic is found in Exhibit C of this Agreement. 155 Agreement No. 24-WC-20 -6209
8 13. The San Joaquin River Restoration Program may offer additional URF water in 156 exchange for the Contractor’s Project Water supplies based on review and acceptance of the 157 Contractor’s exchange proposal. If the Contractor’s exchange proposal is accepted, the 158 Contractor need only supply additional exhibit(s) detailing the exchange process and ratio of 159 exchange. Those exhibits will be attached to the Agreement once approved by the Contractor 160 and Contracting Officer. A separate Memorandum of Understanding will not be issued. 161
14. By signing this Agreement, the Contractor agrees to pay for all URF water 162 committed to under the Agreement for its own use or transfer. Failure to respond to an offer of 163 URF water prior to release of a block will result in the Contractor being excluded from the 164 offering. Any notice, demand, or request authorized or required by this Agreement shall be 165 deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, or 166 delivered to the Area Manager, Bureau of Reclamation, South-Central California Area Office, 167 1243 ‘N’ Street, Fresno, CA 93721-1813, and on behalf of the United States, when mailed, 168 postage prepaid, or delivered to the Board of Directors , City of Fresno, 2600 Fresno Street Room 169 4019, Fresno, California 93721. The designation of the addressee or the address may be changed 170 by notice given in the same manner as provided in this Article of this Agreement for other 171 notices. The Contractor may also respond to any such notice, demand, or request by contacting 172 the Area Manager by electronic mail. Those designees in the San Joaquin River Restoration 173 Program and the South-Central California Area Office who assist in the administration of the 174 Agreement may also be contacted in the same manner. All electronic mail responses received 175 will be confirmed by electronic mail receipt. 176
Agreement No. 24-WC-20 -6209
9 15. Except as expressly stated in this Agreement , this Agreement shall be consistent 177 with and subject to the terms and conditions of the Contract. 178
16. In the event the San Joaquin River Restoration Program operating procedures are 179 changed by Reclamation’s administration of the Restoration Flow Guidelines, by legislation or 180 the courts, and this Agreement no longer complies with current statutes, court orders, 181 regulations, etc., the Contracting Officer will then void the current Agreement and issue a new 182 Agreement, or amend the current Agreement with language that brings it into compliance with 183 Reclamation’s administration of the Restoration Flow Guidelines, current statutes, court orders, 184 regulations, etc. 185
17. This Agreement has been negotiated and reviewed by the Parties hereto, each of 186 whom is sophisticated in the matters to which this Agreement pertains and no one party shall be 187 considered to have drafted the stated articles . 188 Agreement No. 24-WC-20 -6209
10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first 189 above written. 190
UNITED STATES OF AMERICA 191
By: ______________________________________ 192
Area Manager 193
South-Central California Area Office 194
Bureau of Reclamation 195
CITY OF FRESNO 196
By: ______________________________________ 197
198
Director of Public Utilities 199
(SEAL) 200
Attest: 201
By: ________________________________ 202
Secretary, Board of Directors 203
Exhibit A
2023-27 100% 0% 0% 100%
Class 1 Class 2 Offered
Quantity
Committed
Quantity
Offered
Quantity
Committed
Quantity
Offered
Quantity
Committed
Quantity
Offered
Quantity
Committed
Quantity
Offered
Quantity
Committed
Quantity
Class 1 Class 2 Offered
Quantity
Committed
Quantity
Offered
Quantity
Committed
Quantity
Offered
Quantity
Committed
Quantity
Offered
Quantity
Committed
Quantity
Default Share Price Net AF Net AF Released Net AF Net AF Released Net AF Net AF Released Net AF Net AF Released Net AF Net AF Released Default Percentage
Share Price Net AF Net AF Released Net AF Net AF Released Net AF Net AF Released Net AF Net AF Released Arvin-Edison WSD 103,147 5.00% - - - - - 22.24% - - - - 0 Chowchilla WD 59,909 6.88% - - - - - 11.42% - - - - 0 Delano-Earlimart ID 44,689 13.60% - - - - - 5.32% - - - - 0 Exeter ID 8,036 1.39% - - - - - 1.36% - - - - 0 Fresno (city) 12,113 7.50% - - - - - 0.00% - - - - 0 Fresno County WWD #18 30 0.02% - - - - - 0.00% - - - - 0 Fresno ID 22,878 0.00% - - - - - 5.35% - - - - 0 Garfield WD 707 0.44% - - - - - 0.00% - - - - 0 Gravelly Ford WD 4,271 0.00% - - - - - 1.00% - - - - 0 Hills Valley WD 252 0.16% - - - - - 0.00% - - - - 0 International WD 242 0.15% - - - - - 0.00% - - - - 0 Ivanhoe ID 1,465 0.81% - - - - - 0.04% - - - - 0 Kaweah Delta WCD 2,500 0.15% - - - - - 0.53% - - - - 0 Kern-Tulare WD 1,525 0.00% - - - - - 0.36% - - - - 0 Lewis Creek WD 242 0.15% - - - - - 0.00% - - - - 0 Lindmore ID 13,373 4.13% - - - - - 1.57% - - - - 0 Lindsay (city) 505 0.31% - - - - - 0.00% - - - - 0 Lindsay-Strathmore ID 5,552 3.44% - - - - - 0.00% - - - - 0 Lower Tule River ID 84,953 7.65% - - - - - 16.98% - - - - 0 Madera County 40 0.03% - - - - - 0.00% - - - - 0 Madera ID 73,896 10.63% - - - - - 13.27% - - - - 0 Orange Cove (city) 283 0.18% - - - - - 0.00% - - - - 0 Orange Cove ID 7,914 4.90% - - - - - 0.00% - - - - 0 Porterville ID 12,179 1.88% - - - - - 2.14% - - - - 0 Saucelito ID 14,345 2.69% - - - - - 2.34% - - - - 0 Shafter-Wasco ID 22,173 6.25% - - - - - 2.83% - - - - 0 Southern San Joaquin MUD 33,308 12.13% - - - - - 3.21% - - - - 0 Stone Corral ID 2,019 1.25% - - - - - 0.00% - - - - 0 Tea Pot Dome WD 1,454 0.90% - - - - - 0.00% - - - - 0 Terra Bella ID 5,854 3.63% - - - - - 0.00% - - - - 0 Tri-Valley WD 81 0.05% - - - - - 0.00% - - - - 0 Tulare ID 49,066 3.75% - - - - - 10.06% - - - - 0 Totals (net at turnout) 589,000 100.00% Qty Net 00 Qty Net 00 Qty Net 00 Qty Net 00 Qty Net 00 Qty Net 100.00% Qty Net 00 Qty Net 00 Qty Net 00 Qty Net 00 Qty Net 0 Totals (gross w/ canal losses) 620,000 Qty Gr 00 Qty Gr 00 Qty Gr 00 Qty Gr 00 Qty Gr 00 Qty Gr Qty Gr 00 Qty Gr 00 Qty Gr 00 Qty Gr 00 Qty Gr 0 Totals distributed may be slightly different than block allocation due to rounding 1) Distribution between Class 1 and 2 is set based on expected hydrology in consultation with Friant Water Users. Price is set on second tab. 2) As blocks are released, value in orange cell is tuned to produce proper net and gross totals 3) Contractor commitments are confirmed and adjusted
5) Gross offered quantities and gross committed quantities are shown in blue (Gross=in Millerton) Block DBlock A Block B Block C
Based on 161.5 TAF to
Class 1 and 427.5 TAF to
Class 2 GROSS URF to
allow contract flexibility
Contract Maximum
T I E R 2
4) Net offered quantities and net committed quantities are shown in green (Net=at turnout) Friant Contractor
Overall
Commitment
(Net AF)
Block E Block AA Block BB Block DDBlock CC
T I E R 1
FEXHIBIT B
GUIDANCE FOR DETERMINING WHETHER URF WATER IS LOST TO SPILL
As per Paragraph 13(i) of the San Joaquin River Stipulation of Settlement, the Secretary shall not undertake any action pursuant to Paragraphs 13(i)(1) through 13(i)(3) that increases the water delivery reductions to any Friant Division long-term contractor beyond what would have been caused by releases in accordance with the hydrographs (Exhibit B of the Settlement). After consultation with Settling Parties, Implementing Agencies, and the Restoration Administrator, Reclamation has developed guidance for determining whether URF water allocated to Friant Contractors yet not delivered is lost during flood management actions (or more commonly referred to as “spill”).
When Millerton is in Flood Management Actions, there is a possibility that the management of URFs by the Secretary or the Restoration Administrator may increase water delivery reductions to one or more Friant Contractors. Because the Settlement precludes this impact from occurring, a “Water Supply Test” is applied to these actions. In managing the distribution of URFs for sale or exchange, actions are avoided if they are likely to cause an impact (i.e. fail a Water Supply Test).
URFs that are made available during or before the Uncontrolled Season period should generally be delivered by the end of Uncontrolled Season such that the cumulative volume of Restoration Flows released to the San Joaquin River and delivered at turnouts as URFs, equals or exceeds the cumulative volume at that point in the Restoration Year as depicted in Exhibit B of the Settlement (as if all the Restoration Flows had been released to the San Joaquin River). During the spring and fall flexible flow periods, there are additional allowances that provide flexibility to the Restoration Administrator and Secretary, so in some cases URFs can be delivered beyond the end of Uncontrolled Season.
Reclamation will provide clear instructions for each block of water made available and what date it must be delivered. Should this date pass without water being scheduled by the Friant Contractor and delivered, Reclamation may be required to conduct a Water Supply Test. Any undelivered URF water that fails the Water Supply Test would be determined to have been spilled and no longer available for delivery. This spilled volume will then be removed from pending deliveries proportional to each contractor’s pending deliveries of committed quantity of the URF block. Contractors who have delivered their committed quantities will not be affected; only those contractors who have not completed their committed deliveries are at risk of losing the undelivered portion of their URFs. The current Restoration Flow Guideline revision (version
2.1) provide further guidance on URFs that may be lost during Flood Management Actions.
EXHIBIT C
PRICING FOR TIER 1 AND TIER 2 URF WATER
RWA OFFSETS
Pricing
Two price structures will be used for the sale of URFs to Friant Contractors. Sales to third parties may be at a different price but will not be lower than as offered to Friant Contractors, including consideration of RWA offsets. Two “tiers” will be used. Tier 1 URF water is water that is delivered before or during Uncontrolled Season or when a flood management action is likely for Millerton Lake Reservoir within the next 30 days. Tier 2 URF water is water that is likely to have flexibility in how it is scheduled and flood management actions are unlikely within the next 30 days. There is no guarantee that Tier 2 water can be scheduled for delivery during the entirety of the Contract Year as hydrology may change unexpectedly. Tier 1 and 2 water may both be offered within a contract year.
Pricing will change during the course of this contract period. Pricing for 2023-2024 contract years will keep the same pricing used in the 2020-2024 URF Sales and Exchange Agreement.
Pricing is different for the period 2025-2027 contract years.
Tier 1
To be competitive with other types of water offered during flood management operations, and to optimize reservoir management, Tier 1 URF water will be priced at a competitive rate and discounted as to Tier 2 water. Payment is due upon acceptance of a quantity of URF water, regardless of whether delivery is made. If not delivered immediately, Tier 1 URF water has the risk of being spilled (it is unstorable and has very limited delivery window). Thus, the Tier 1 price includes the risk factor associated with managing this water.
The pricing for Tier 1 URF water is set for the duration of the contract. Tier 1 URF water price may be reduced temporarily at the sole discretion of the Contracting Officer but will not increase. Whether Tier 1 URFs are available or not is at the discretion of the Contracting Officer in consultation with the San Joaquin River Restoration Program.
Table C-1
Tier 1 URF water
Contract Year Price
2023-2024 $23.00/acre-foot
2025-2027 $25.00/acre-foot
Tier 2
Tier 2 URF water has a sliding scale pricing based on the forecasted hydrology. Wetter conditions as evidenced by the water year Unimpaired Inflow into Millerton (i.e. “Natural River”) result in a lower price, and vice versa. Tier 2 URF water is intended to be distributed when flood management actions are unlikely to occur in the remaining water year, or after flood management actions have brought Millerton Lake Reservoir back under control.
The pricing will be set by Reclamation based on the forecasted Unimpaired Inflow into Millerton (i.e. Natural River). This runoff forecast is dynamic and evolves throughout the water year.
Pricing will be set for the entire year upon issuance of the first Restoration Flow Allocation made after March 21 and generally held at that price for the remainder of the Contract Year (though the Contracting Officer retains discretion to temporarily reduce, but not increase, the price).
The runoff forecast used to set the Tier 2 URF pricing will follow the same process as used to determine the Restoration Flow Allocation as prescribed in the Restoration Flow Guidelines. It may be based on the 90%, 75%, or 50% exceedance depending on the hydrology as dictated by current Restoration Flows Guidelines.
This forecasted unimpaired inflow value will then be used in the following formula to derive the Tier 2 price:
Table C-2
Tier 2
URF
water
Contract Year Price
2023-2024 Tier 2 URF price per acre foot =
285,000 / (unimpaired inflow in TAF + 400)
2025-2027 Tier 2 URF price per acre foot =
325,000 / (unimpaired inflow in TAF + 550)
An example of the above Tier 2 pricing formula applied to different runoff values is shown in Table C-3 below for a range of hydrology:
Table C-3
Unimpaired Inflow into
Millerton
Tier 2 Price per Acre-Foot
2023-2024 2025-2027
4600 $57.00 $63.11
4400 $59.38 $65.66
4200 $61.96 $68.42
4000 $64.77 $71.43
3800 $67.86 $74.71
3600 $71.25 $78.31
3400 $75.00 $82.28
3200 $79.17 $86.67
3000 $83.82 $91.55
2800 $89.06 $97.01
2600 $95.00 $103.17
2400 $101.79 $110.17
2200 $109.62 $118.18
2000 $118.75 $127.45
1800 $129.55 $138.30
1600 $142.50 $151.16
1400 $158.33 $166.67
1200 $178.13 $185.71
1000 $203.57 $209.68
800 $237.50 $240.74
600 $285.00 $282.61
RWA Offsets
Reclamation, through the San Joaquin River Restoration Program, will administer the determination of whether URFs received by a Friant long-term contractor will, or will not, offset an RWA impact credit. Administration will be consistent with the Restoration Flow Guidelines, or in the absence of such guidance be allocated as follows:
Tier 1 water will not offset an RWA credit, regardless of whether a URF sale or URF exchange.
Tier 1 water exchanges will not offset a RWA credit.
Tier 2 water sales will offset an RWA credit on a 1:1 basis. Tier 2 water exchanges will offset a RWA credit for every acre-foot of leave behind water (unless otherwise by mutual agreement).