26-808 2025 Urban Water Management Plan — Fresno City Council, June 25, 2026 (part 2 of 3)

City of Fresno 2025 UWMP - Required DWR Tables
Water Delivery Product
drop down list
(If delivering more than one type of product use Table ORetail Potable Deliveries
Start Date of Reporting Period 1/1/2025
End Date of Reporting Period 12/31/2025
Is upstream embedded energy in the values reported? No
Units of Measure for Water AF Total Utility Hydropower Net Utility 114,649 114,649
442,527,825 442,527,825
11,845 0 11,845
0 Metered Data
Table O-1B: Recommended Energy Reporting - SINGLE DELIVERY PRODUCT - TOTAL UTILITY APPROACH Urban Water Supplier Operational Control
Sum of All Water
Management
Processes
Non-Consequential Hydropower
Volume of Water Entering Process
Energy Consumed (kWh)
Energy Intensity (kWh/vol. converted to MG)
Narrative:

Quantity of Self-Generated Renewable Energy
kWh
Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Data Quality Narrative:

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City of Fresno 2025 UWMP - Required DWR Tables

% of Average Supply
Average Year
Single-Dry Year
Consecutive Dry
Years 1st Year
Consecutive Dry
Years 2nd Year
Consecutive Dry
Years 3rd Year
Consecutive Dry
Years 4th Year
Consecutive Dry
Years 5th Year
OPTIONAL Submittal Table 7-1 Retail: Basis of Water Year Data (Reliability Assessment) Year Type
Base Year (If not using a
calendar year, type in the last
year of the fiscal, water year,
or range of years, for example,
water year 2024-2025, use
2025)
Available Supplies if
Year Type Repeats
Quantification of available supplies is not compatible with this table and is provided elsewhere in the UWMP.

Location _________Section 7.2_________________
Quantification of available supplies is provided in this table as either volume only, percent only, or both.

Volume Available
DWR NOTES: Supplier may use multiple versions of Submittal Table 7-1 R if different water sources have different base years and the supplier chooses to report the base years for each water source separately. If a Supplier uses multiple versions of Submittal Table 7-1 R, in the "Note" section of each submittal table, state that multiple versions of Submittal Table 7-1 R are being used and identify the particular water source that is being reported in each submittal table.

Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES:

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City of Fresno 2025 UWMP - Required DWR Tables
2030 2035 2040 2045 2050 (Opt)
Supply totals
(autofill from Submittal Table 6-9 R) 302,290 306,030 308,120 308,520 308,620 Use totals
(autofill from Submittal Table 4-2 R) 209,782 220,160 228,899 235,944 242,900 Surplus/(shortfall) 92,508 85,870 79,221 72,576 65,720
WSCP - supply augmentation benefit
WSCP - use reduction savings benefit
Revised Surplus/(shortfall)
Submittal Table 7-2 Retail: Normal Year Supply and Demand Use Comparison | Water Code 10635. (a) Every urban water supplier shall include, as part of its urban water management plan, an assessment of the reliability of its water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment shall compare the total water supply sources available to the water supplier with the long-term total projected water use over the next 20 years, in five-year increments, for a normal water year, a single dry water year, and a drought lasting five consecutive water years.

NOTES:

OPTIONAL Planned WSCP Actions

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City of Fresno 2025 UWMP - Required DWR Tables
2030 2035 2040 2045 2050
(Opt)
Supply Totals: 177,982 186,746 195,073 203,407 211,754
Use Totals: 148,482 155,860 162,799 169,744 176,700
Surplus/(shortfall) 29,500 30,886 32,274 33,663 35,054
WSCP - supply
augmentation benefit
WSCP - use reduction
savings benefit
Revised Surplus/(shortfall)
Submittal Table 7-3 Retail: Single Dry Year Supply and Demand Comparison | Water Code Section 10635(a)
OPTIONAL Planned WSCP Actions
DWR NOTES : Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES:

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City of Fresno 2025 UWMP - Required DWR Tables
2030 2035 2040 2045 2050 (Opt)
Supply Totals: 240,156 243,896 245,986 246,386 246,486
Use Totals: 210,656 213,010 213,712 212,723 211,432
Surplus/(shortfall) 29,500 30,886 32,274 33,663 35,054
WSCP - supply augmentation
benefit
WSCP - use reduction savings
benefit
Revised Surplus/(shortfall)
Supply Totals: 212,018 215,758 217,848 218,248 218,348
Use Totals: 182,518 184,872 185,575 184,586 183,294
Surplus/(shortfall) 29,500 30,886 32,274 33,663 35,054
WSCP - supply augmentation
benefit
WSCP - use reduction savings
benefit
Revised Surplus/(shortfall)
Supply Totals: 197,212 200,952 203,042 203,442 211,754
Use Totals: 167,711 170,066 170,768 169,779 176,700
Surplus/(shortfall) 29,500 30,886 32,274 33,663 35,054
WSCP - supply augmentation
benefit
WSCP - use reduction savings
benefit
Revised Surplus/(shortfall)
Submittal Table 7-4 Retail: Five Consecutive Dry Years Supply and Demand Comparison | Water Code Section 10635(a)
First
Year
Second
Year
Third
Year
OPTIONAL Planned WSCP Actions
OPTIONAL WSCP Actions
OPTIONAL Planned WSCP Actions

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City of Fresno 2025 UWMP - Required DWR Tables
2030 2035 2040 2045 2050 (Opt)
Submittal Table 7-4 Retail: Five Consecutive Dry Years Supply and Demand Comparison | Water Code Section 10635(a)
Supply Totals: 177,982 186,746 195,073 203,407 211,754
Use Totals: 148,482 155,860 162,799 169,744 176,700
Surplus/(shortfall) 29,500 30,886 32,274 33,663 35,054
WSCP - supply augmentation
benefit
WSCP - use reduction savings
benefit
Revised Surplus/(shortfall)
Supply Totals: 284,208 287,948 290,038 290,438 290,538
Use Totals: 254,708 257,062 257,764 256,775 255,484
Surplus/(shortfall) 29,500 30,886 32,274 33,663 35,054
WSCP - supply augmentation
benefit
WSCP - use reduction savings
benefit
Revised Surplus/(shortfall)
Fourth
Year
Fifth
Year
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in NOTES:

OPTIONAL Planned WSCP Actions
OPTIONAL Planned WSCP Actions

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City of Fresno 2025 UWMP - Required DWR Tables
2026 Total
Total Water Use: 206,568
Total Supplies: 230,812
Surplus/Shortfall w/o WSCP Action 24,244
WSCP - supply augmentation benefit
WSCP - use reduction savings benefit
Revised Surplus/(shortfall)
2027 Total
Total Water Use: 180,137
Total Supplies: 205,695
Surplus/Shortfall w/o WSCP Action 25,558
WSCP - supply augmentation benefit
WSCP - use reduction savings benefit
Revised Surplus/(shortfall)
2028 Total
Total Water Use: 166,906
Total Supplies: 193,778
Surplus/Shortfall w/o WSCP Action 26,872
WSCP - supply augmentation benefit
WSCP - use reduction savings benefit
Revised Surplus/(shortfall)
2029 Total
Total Water Use: 141,657
Total Supplies: 169,843
Surplus/Shortfall w/o WSCP Action 28,186
WSCP - supply augmentation benefit
WSCP - use reduction savings benefit
Revised Surplus/(shortfall)
OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) Submittal Table 7-5 Retail: Five-Year Drought Risk Assessment | Water Code Section 10635(b)(3)
OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) OPTIONAL Planned WSCP Actions (use reduction and supply augmentation)

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City of Fresno 2025 UWMP - Required DWR Tables
Submittal Table 7-5 Retail: Five-Year Drought Risk Assessment | Water Code Section 10635(b)(3)
2030 Total
Total Water Use: 254,708
Total Supplies: 284,208
Surplus/Shortfall w/o WSCP Action 29,500
WSCP - supply augmentation benefit
WSCP - use reduction savings benefit
Revised Surplus/(shortfall)
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES:

OPTIONAL Planned WSCP Actions (use reduction and supply augmentation)

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City of Fresno 2025 UWMP - Required DWR Tables

Standard
Shortage Levels
Percent Shortage
Range
Suppliers
Shortage Levels Percent Shortage Range
1 Up to 10% 1 Up to 10%
2 Up to 20% 2 10-25%
3 Up to 30% 2,3 25-35%
4 Up to 40% 3,4 35-50%
5 Up to 50% 4 35-50%
6 >50% 5 >50%
Submittal Table 8-1: Cross-reference for Standard vs Supplier Shortage Levels | Water Code Section 10632(a)(3)(B)
Supplier Uses the Standard Six Levels of Water Shortage.

The supplier will not complete this table.

NOTES:

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City of Fresno 2025 UWMP - Required DWR Tables
No
Shortage Level
Supply Augmentation
Methods and Other
Actions by Water
Supplier
Drop down list
These are the only
categories that will be
accepted by the
WUEdata online
submittal tool
How much is this going
to reduce the shortage
gap?
Include units used
(volume type or
percentage)
Additional Explanation or
Reference
(OPTIONAL)
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
Submittal Table 8-2 Retail: Supply Augmentation and Other Actions | Water Code Section 10632(a)(4)(A),(C) and (E)
Is the Supplier completing this table using the standard six levels? (yes/no) NOTES:

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City of Fresno 2025 UWMP - Required DWR Tables
No
Shortage
Level
Demand Reduction Actions
Drop down list
These are the only categories that
will be accepted by the WUEdata
online submittal tool. Select those
that apply.

How much is this going to reduce the
shortage gap?
Include units used
(volume type or percentage)
Additional Explanation or Reference
(OPTIONAL)
Penalty, Charge, or
Other Enforcement?
For Retail Suppliers Only
Drop Down List
All Expand Public Information
Campaign Not Applicable Community outreach includes classroom presentations, outreach educational information, and water tours. Increase communication as drought stages increase. No 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.

No
All Offer Water Use Surveys Not Applicable Use water leak surveys with all community members No 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. No 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. No 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. No All Decrease Line Flushing Not Applicable The City uses NO-DES for regular pipe flushing to eliminate discharging water. No 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. No 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. No 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. No
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 Is the Supplier completing this table using the standard six levels? (yes/no) Submittal Table 8-3 Retail: Demand Reduction Actions | Water Code Section 10632(a)(4)(B) and (E)

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How much is this going to reduce the
shortage gap?
Include units used
(volume type or percentage)
Additional Explanation or Reference
(OPTIONAL)
Penalty, Charge, or
Other Enforcement?
For Retail Suppliers Only
Drop Down List
Is the Supplier completing this table using the standard six levels? (yes/no) Submittal Table 8-3 Retail: Demand Reduction Actions | Water Code Section 10632(a)(4)(B) and (E) 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 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. No
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. No NOTES:

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City of Fresno 2025 UWMP - Required DWR Tables
City Name 60 Day Notice Notice of Public Hearing
City of Clovis Yes Yes
County Name
Drop Down List 60 Day Notice Notice of Public Hearing
Fresno County Yes Yes
NOTES:

Submittal Table 10-1 Retail: Notification to Cities and Counties | Water Code Section 10621(b) and 10642
Add additional rows as needed
Add additional rows as needed

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City of Fresno City of Fresno’s Reduce Delta Reliance Reporting 2025 Urban Water Management Plan | C
Appendix C City of Fresno’s Reduce
Delta Reliance
Reporting
C
Appendix C - 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 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 April 10, 2026).

City of Fresno Appendix C – Delta Reliance
2025 UWMP Public Draft
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 C – Delta Reliance
2025 UWMP Public Draft
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 2025 issued in January 2025 (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, 2020, and 2025 were taken from the City’s 2010, 2015, and 2020 UWMPs, respectively.

Expected outcomes for 2030-2050 are from the current 2025 UWMP. Documentation of the specific data sources and assumptions are included in the discussions below.

City of Fresno Appendix C – Delta Reliance
2025 UWMP Public Draft
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: Fresno 2020 UWMP, Table 4-6
• 2030-2050: Fresno 2025 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: Fresno 2020 UWMP, Table 4-7
• 2030-2050: Fresno 2025 UWMP, Table 4-6
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 C – Delta Reliance
2025 UWMP Public Draft
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: Fresno 2020 UWMP, Table 3-3
• 2025-2050: Fresno 2025 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
City of Fresno Appendix C – Delta Reliance
2025 UWMP Public Draft
6 • 2020: Fresno 2015 UWMP, Table 6-14
• 2025: Fresno 2020 UWMP, Table 6-8
• 2030-2050: Fresno 2025 UWMP, Table 6-9
Other Programs and Projects that 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: Fresno 2020 UWMP, Table 6-8
• 2030-2050: Fresno 2025 UWMP, Table 6-9
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 that 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 (2030) and long-term (2050) expected outcomes for the City’s regional self-reliance:
• Near-term (2030): The expected outcome for normal water year regional selfreliance is expected to increase by about 81,700 AFY from the 2010 baseline; this represents an increase of about 10 percent of 2030 normal water year demands (Table 2).
• Long-term (2050): The expected outcome for normal water year regional selfreliance is expected to increase by more than 130,400 AFY from the 2010 baseline, this represents an increase of about 9 percent of 2050 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 C – Delta Reliance
2025 UWMP Public Draft
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.

Central Valley Project (CVP) / State Water Project (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: Fresno 2020 UWMP, Table 6-8
• 2030-2050: Fresno 2025 UWMP, Table 6-9
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 (2030) and long-term (2050) expected outcomes for the City’s reduced reliance on supplies from the Delta watershed:
• Near-term (2030): The expected outcome for normal water year reliance on supplies from the Delta watershed is expected to increase by 1,800 AF from the 2010 baseline. With Delta water representing 28.8% of service area water demand without water use efficiency, this represents a decrease from the 2010 baseline of

6.8% (Table 3).
• Long-term (2050): The expected outcome for normal water year reliance on supplies from the Delta watershed is expected to increase by 1,800 AF from the 2010 baseline. With Delta water representing 21.5% of service area water demand without water use efficiency, this represents a decrease from the 2010 baseline of

14.1% (Table 3).

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

City of Fresno Appendix C – Delta Reliance
2025 UWMP Public Draft
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.

Section6 of the City’s 2025 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 C – Delta Reliance
2025 UWMP Public Draft
9 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 not specifically estimate Water Use Efficiency as a supply Service Area Water Use Efficiency Demands
(Acre-Feet)
Baseline
(2010)
2015 2020 2025 2030 2035 2040

2045 2050
(Optional)
Service Area Water Demands with Water Use Efficiency Accounted For 163,300 172,900 168,200 136,579 147,502 154,430 161,367 168,314 175,270 Non-Potable Water Demands 750 1,000 9,500 14,220 980 1,430 1,430 1,430 1,430 Potable Service Area Demands with Water Use Efficiency Accounted For 162,550 171,900 158,700 122,359 146,522 153,000 159,937 166,884 173,840 Total Service Area Population Baseline
(2010)
2015 2020 2025 2030 2035 2040

2045 2050
(Optional)
Service Area Population 505,315 525,575 550,217 568,964 644,146 719,327 765,278 812,529 861,080 Water Use Efficiency Since Baseline
(Acre-Feet) Baseline
(2010)
2015 2020 2025 2030 2035 2040

2045
2050
(Optional)
Per Capita Water Use (GPCD) 287 292 257 192 203 190 187 183 180 Change in Per Capita Water Use from Baseline (GPCD) 5 (30) (95) (84) (97) (101) (104) (107) Estimated Water Use Efficiency Since Baseline (2,833) 18,294 60,666 60,687 78,393 86,238 94,491 103,153 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
2050
(Optional)
Service Area Water Demands with Water Use Efficiency Accounted For 163,300 172,900 168,200 136,579 147,502 154,430 161,367 168,314 175,270 Reported Water Use Efficiency or Estimated Water Use Efficiency Since Baseline - (2,833) 18,294 60,666 60,687 78,393 86,238 94,491 103,153 Service Area Water Demands without Water Use Efficiency Accounted For 163,300 170,067 186,494 197,245 208,189 232,823 247,605 262,805 278,423 City of Fresno Appendix C – Delta Reliance
2025 UWMP Public Draft
10 Table 2. Calculation of Supplies Contributing to Regional Self-Reliance (UWMP Table C-3) Water Supplies Contributing to Regional Self-Reliance
(Acre-Feet) Baseline
(2010)
2015 2020 2025 2030 2035 2040

2045
2050
(Optional)
Water Use Efficiency - (2,833) 18,294 60,666 60,687 78,393 86,238 94,491 103,153 Water Recycling 750 1,000 9,500 14,220 980 1,430 1,430 1,430 1,430 Stormwater Capture and Use
Advanced Water Technologies
Conjunctive Use Projects
Local and Regional Water Supply and Storage Projects 88,800 76,100 132,480 138,090 109,710 113,000 115,090 115,490 115,590 Other Programs and Projects the Contribute to Regional Self-Reliance 131,750 117,400 116,000 125,030 131,600 131,600 131,600 131,600 131,600 Water Supplies Contributing to Regional Self-Reliance 221,300 191,667 276,274 338,006 302,977 324,423 334,358 343,011 351,773 Service Area Water Demands without Water Use Efficiency (Acre-Feet) Baseline
(2010)
2015 2020 2025 2030 2035 2040 2045
2050
(Optional)
Service Area Water Demands without Water Use Efficiency Accounted For 163,300 170,067 186,494 197,245 208,189 232,823 247,605 262,805 278,423 Change in Regional Self Reliance
(Acre-Feet) Baseline
(2010)
2015 2020 2025 2030 2035 2040 2045
2050
(Optional)
Water Supplies Contributing to Regional Self-Reliance 221,300 191,667 276,274 338,006 302,977 324,423 334,358 343,011 351,773 Change in Water Supplies Contributing to Regional Self-Reliance (29,633) 54,974 116,706 81,677 103,123 113,058 121,711 130,473 Percent Change in Regional Self Reliance
(As Percent of Demand w/out WUE) Baseline
(2010)
2015 2020 2025 2030 2035 2040 2045
2050
(Optional)
Percent of Water Supplies Contributing to Regional Self-Reliance 135.5% 112.7% 148.1% 171.4% 145.5% 139.3% 135.0% 130.5% 126.3% Change in Percent of Water Supplies Contributing to Regional Self-Reliance -22.8% 12.6% 35.8% 10.0% 3.8% -0.5% -5.0% -9.2% City of Fresno Appendix C – Delta Reliance
2025 UWMP Public Draft
11 Table 3. Reliance on Water Supplies from the Delta Watershed (UWMP Table C-4) Water Supplies from the Delta Watershed
(Acre-Feet)
Baseline
(2010)
2015 2020 2025 2030 2035 2040 2045 2050
(Optional)
CVP/SWP Contract Supplies 58,200 58,200 52,600 60,000 60,000 60,000 60,000 60,000 60,000 Delta/Delta Tributary Diversions - - - - - - - - -
Transfers 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 60,000 60,000 60,000 60,000 60,000 60,000 Service Area Water Demands without Water Use Efficiency (Acre-Feet) Baseline
(2010)
2015 2020 2025 2030 2035 2040 2045
2050
(Optional)
Service Area Water Demands without Water Use Efficiency Accounted For 163,300 170,067 186,494 197,245 208,189 232,823 247,605 262,805 278,423 Change in Supplies from the Delta Watershed
(Acre-Feet) Baseline
(2010)
2015 2020 2025 2030 2035 2040 2045
2050
(Optional)
Water Supplies from the Delta Watershed 58,200 58,200 52,600 60,000 60,000 60,000 60,000 60,000 60,000 Change in Water Supplies from the Delta Watershed - (5,600) 1,800 1,800 1,800 1,800 1,800 1,800 Percent Change in Supplies from the Delta Watershed
(As a Percent of Demand w/out WUE) Baseline
(2010)
2015 2020 2025 2030 2035 2040 2045
2050
(Optional)
Percent of Water Supplies from the Delta Watershed 35.6% 34.2% 28.2% 30.4% 28.8% 25.8% 24.2% 22.8% 21.5% Change in Percent of Water Supplies from the Delta Watershed -1.4% -7.4% -5.2% -6.8% -9.9% -11.4% -12.8% -14.1% City of Fresno AWWA Water Audits
2025 Urban Water Management Plan | D
Appendix D AWWA Water Audits
D
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: 5 122,832.030 acre-ft/yr 8 0.00% acre-ft/yr Water imported: n/a 0.000 acre-ft/yr acre-ft/yr
Water exported: n/a 0.000 acre-ft/yr acre-ft/yr
Enter negative % or value for under-registration
WATER SUPPLIED: 122,832.030 acre-ft/yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 113,868.740 acre-ft/yr
Billed unmetered: n/a 0.000 acre-ft/yr
Unbilled metered: 9 55.450 acre-ft/yr Pcnt: Value:

Unbilled unmetered: 5 307.080 acre-ft/yr 1.25% 24061 acre-ft/yr AUTHORIZED CONSUMPTION: 114,231.270 acre-ft/yr
WATER LOSSES (Water Supplied - Authorized Consumption) 8,600.760 acre-ft/yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 307.080 acre-ft/yr 0.25% acre-ft/yr Customer metering inaccuracies: 5 1,150.749 acre-ft/yr 1.00% acre-ft/yr Systematic data handling errors: 5 284.672 acre-ft/yr 0.25% acre-ft/yr Apparent Losses: 1,742.501 acre-ft/yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 6,858.259 acre-ft/yr WATER LOSSES: 8,600.760 acre-ft/yr

NON-REVENUE WATER
NON-REVENUE WATER: 8,963.290 acre-ft/yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 1,882.3 miles
Number of active AND inactive service connections: 10 149,919 Service connection density: 80 conn./mile main
Yes
Average length of customer service line: ft
Average operating pressure: 10 55.6 psi

COST DATA
Total annual cost of operating water system: 10 $86,211,652 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $2.33 Variable production cost (applied to Real Losses): 5 $128.33 $/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)
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: 65 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 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
307.080
2021 1/2021 - 12/2021
City of Fresno (CA1010007)
<----------- Enter grading in column 'E' and 'J' ----------> ? ?
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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 ?
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(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
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?
?
+
+ 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 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 7 122,239.230 Acre-ft/Yr n g 8 percent acre-ft/yr under-registration VOSEA WI Water Imported: n g n/a 0.000 Acre-ft/Yr n g n/a percent acre-ft/yr select….. WIEA WE Water Exported: n g n/a 0.000 Acre-ft/Yr n g n/a percent acre-ft/yr select….. WEEA 122,239.230 Acre-ft/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 112,957.017 Acre-ft/Yr
BUAC Billed Unmetered: n g n/a 0.000 Acre-ft/Yr
UMAC Unbilled Metered: n g 4 24.960 Acre-ft/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 282.393 Acre-ft/Yr 0.25% default acre-ft/yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3 113,264.370 Acre-ft/Yr
WATER LOSSES 8,974.860 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 3 282.393 Acre-ft/Yr 0.25% default acre-ft/yr CMI Customer Metering Inaccuracies: n g 3 1,141.232 Acre-ft/Yr 1.00% percent acre-ft/yr under-registration UC Unauthorized Consumption: n g 3 282.393 Acre-ft/Yr 0.25% default acre-ft/yr Default option selected for Unauthorized Consumption, with automatic data grading of 3 1,706.017 Acre-ft/Yr
Real Losses
7,268.843 Acre-ft/Yr
8,974.860 Acre-ft/Yr

NON-REVENUE WATER
9,282.213 Acre-ft/Yr

SYSTEM DATA
Lm Length of mains: n g 10 1,893.0 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 10 158,063 (active and inactive) Service connection density: 83 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 8 56.8 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 $2.33
VPC Variable Production Cost: n g 8 $95.60 $/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:
1: Volume from Own Sources (VOS) Unit Total Losses: gal/conn/day 2: Customer Metering Inaccuracies (CMI) Unit Apparent Losses: gal/conn/day 3: Billed Metered (BMAC) 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) Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Fresno
Jan 01 2022 - Dec 31 2022
Water Supplied Error Adjustments
2022 Calendar
Real Losses:

WATER LOSSES:

Average length of customer service line has been set to zero and a data grading of 10 has been applied A weighted scale for the components of supply, consumption and water loss is included in the calculation of the Water Audit Data Validity Score *** The Water Audit Data Validity Score is in Tier IV (71-90). See Dashboard tab for additional outputs. *** $/1000 gallons (US)
$101,704,428
Total Annual Operating Cost
go to start page
NON-REVENUE WATER:

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

AUTHORIZED CONSUMPTION:

Apparent Losses:

Click 'g' to determine data validity grade Click 'n' to add notes FWAS v6.0 American Water Works Association. Copyright © 2020, All Rights Reserved. To access definitions, click the input name To edit water system info:

AWWA Free Water Audit Software v6.0 Worksheet 1
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 3 117,082.535 Acre-ft/Yr n g 8 percent acre-ft/yr under-registration VOSEA WI Water Imported: n g n/a 0.000 Acre-ft/Yr n g n/a percent acre-ft/yr select….. WIEA WE Water Exported: n g n/a 0.000 Acre-ft/Yr n g n/a percent acre-ft/yr select….. WEEA 117,082.535 Acre-ft/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 107,086.376 Acre-ft/Yr
BUAC Billed Unmetered: n g n/a 0.000 Acre-ft/Yr
UMAC Unbilled Metered: n g 4 59.120 Acre-ft/Yr choose entry option:

UUAC Unbilled Unmetered: n g 5 413.357 Acre-ft/Yr 0.25% custom acre-ft/yr 24061 107,558.852 Acre-ft/Yr
WATER LOSSES 9,523.682 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 3 267.716 Acre-ft/Yr 0.25% default acre-ft/yr CMI Customer Metering Inaccuracies: n g 2 3,313.778 Acre-ft/Yr 3.00% percent acre-ft/yr under-registration UC Unauthorized Consumption: n g 3 267.716 Acre-ft/Yr 0.25% default acre-ft/yr Default option selected for Unauthorized Consumption, with automatic data grading of 3 3,849.210 Acre-ft/Yr
Real Losses
5,674.472 Acre-ft/Yr
9,523.682 Acre-ft/Yr

NON-REVENUE WATER
9,996.158 Acre-ft/Yr

SYSTEM DATA
Lm Length of mains: n g 10 1,903.1 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 10 168,009 (active and inactive) Service connection density: 88 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 7 57.1 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 $2.33
VPC Variable Production Cost: n g 8 $160.72 $/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:

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 A weighted scale for the components of supply, consumption and water loss is included in the calculation of the Water Audit Data Validity Score *** The Water Audit Data Validity Score is in Tier III (51-70). See Dashboard tab for additional outputs. *** $/1000 gallons (US)
$64,211,000
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
413.357
City of Fresno
Jan 01 2023 - Dec 31 2023
Water Supplied Error Adjustments
2023 Calendar
Real Losses:

WATER LOSSES:

AWWA Free Water Audit Software v6.0 Worksheet 1
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 9 116,274.522 Acre-ft/Yr n g 8 percent acre-ft/yr VOSEA WI Water Imported: n g n/a 0.000 Acre-ft/Yr n g n/a percent acre-ft/yr WIEA WE Water Exported: n g 3 0.000 Acre-ft/Yr n g 3 percent acre-ft/yr WEEA 116,274.522 Acre-ft/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 111,660.168 Acre-ft/Yr
BUAC Billed Unmetered: n g n/a 0.000 Acre-ft/Yr
UMAC Unbilled Metered: n g 4 42.898 Acre-ft/Yr choose entry option:

UUAC Unbilled Unmetered: n g 5 207.558 Acre-ft/Yr 0.25% custom 207.558 acre-ft/yr 24061 111,910.624 Acre-ft/Yr
WATER LOSSES 4,363.898 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 3 279.150 Acre-ft/Yr 0.25% default acre-ft/yr CMI Customer Metering Inaccuracies: n g 2 2,279.654 Acre-ft/Yr 2.00% percent acre-ft/yr under-registration UC Unauthorized Consumption: n g 3 279.150 Acre-ft/Yr 0.25% default acre-ft/yr Default option selected for Unauthorized Consumption, with automatic data grading of 3 2,837.955 Acre-ft/Yr
Real Losses
1,525.943 Acre-ft/Yr
4,363.898 Acre-ft/Yr

NON-REVENUE WATER
4,614.354 Acre-ft/Yr

SYSTEM DATA
Lm Length of mains: n g 10 1,913.0 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 10 141,623 (active and inactive) Service connection density: 74 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 7 56.5 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 7 $2.33
VPC Variable Production Cost: n g 8 $184.25 $/acre-ft $/yr (optional input) carbon
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:
1: Customer Metering Inaccuracies (CMI) Unit Total Losses: gal/conn/day 2: Volume from Own Sources (VOS) Unit Apparent Losses: gal/conn/day 3: Billed Metered (BMAC) 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) Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Fresno
Jan 01 2024 - Dec 31 2024
Water Supplied Error Adjustments
2024 Calendar
Real Losses:

WATER LOSSES:
go to start page
Average length of customer service line has been set to zero and a data grading of 10 has been applied A weighted scale for the components of supply, consumption and water loss is included in the calculation of the Water Audit Data Validity Score *** The Water Audit Data Validity Score is in Tier IV (71-90). See Dashboard tab for additional outputs. *** $/1000 gallons (US) Total Annual Operating Cost
Click here to calculate carbon emissions --->
$131,791,526
NON-REVENUE WATER:

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

AUTHORIZED CONSUMPTION:

Apparent Losses:

Click 'g' to determine data validity grade Click 'n' to add notes FWAS v6.1 American Water Works Association. Copyright © 2025, All Rights Reserved. To access definitions, click the input name To edit water system info:

AWWA Free Water Audit Software v6.0 Worksheet 1
City of Fresno North Kings Groundwater Sustainability Plan 2025 Urban Water Management Plan | E
Appendix E North Kings
Groundwater
Sustainability Plan
The 2025 North Kings GSP is available at: https://northkingsgsa.org/groundwatersustainability-plan/ E
City of Fresno 2019 Groundwater Budget
2025 Urban Water Management Plan | F
Appendix F 2019 Groundwater
Budget
F
To:

From:

Topic:

Date:

Rob Morrow
Ken Schmidt
City of Fresno
Water Budgets
November 27, 2020
MEMO
Attached is our revised draft report on urban water budgets for 2019 . These are considered completed except for the canal seepage values.

My schedule is in Bakersfield Mon 30-Thurs Dec. 3, then in Fresno Dec. 4-10.

Please call me if you have any questions.

URBAN AREA WATER BUDGETS FOR 2019
A groundwater budget was prepared for each of the four quadrants for the City of Fresno urban area for 2019. Figure 1 shows the locations of the quadrants. The Uortheast Quadrant in east of Blackstone Avenue and north of Dakota Avenue. I t includes the Fresno North Growth Area, CSUF, and Leaky Acres, and is north of lands in the Bakman Water Co. service area. The Northwest Quadrant includes Highway City and Herndon and is west of Blackstone Avenue and north of Shields Avenue. Lands in the Pinedale PUD service area are included in this quadrant. The Southeast Quadrant includes lands south of Dakota Avenue and east of Elm Avenue, and includes the Sunnyside area and the service area of the Bakman Water Co . The Southwest Quadrant is south of Shields Avenue and west of Elm Avenue, and includes the downtown Fresno area . Basic data were provided by the City of Fresno, WSC, Inc., Provost & Pritchard, and BCF/Carollo.

Sources of input for the water budget include canal water delivered to the City for public supply and for intentional recharge, and to irrigated lands. Additional water input is from canal seepage, recharge of urban storm runoff in basins, and groundwater inflow. Sources of water output include sewage exports, consumptive use, and groundwater outflows. The change in groundwater storage is calculated from the water budget (the AS>ilAH
► DAKOTA
SHJEl.OS
NW
QUAD
=i I BflMOHT ----'--l'---'--l----,- ~-J--------j--1,.LL4-------m,, V.,OffSBIIOO<;E'-+-+-t---+---1 SW KE>AA£Y -l-----'----1--1--1-11 CAl.lfORHIAl--+-'-,-J--+-+----1-I Q u AD ~~ Cl«JRCH
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SH!EU>S
CUNTOH
1---1---l-- 8l/11.ER

CAIJFOR/IIA
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JEN / ~ § ~ ~ --r:::-:. _ :.i: _ 9:. _ JJJ. _ 1£!. _ "D, j--_ -_!-:.,. -J-- ---1---L-lL LJ_ JENSEN MUSCAT
NORT'~ALE--,-- R_W_R_F_ ---t---j---J---t--t-, ~--' l,+-+---'rt---9131,-11--irt-Y---rl-'~r.-l---f.l..-t--+-I SE 1- ,--1---~_J_---I--L NORm
QUAD·~ MUSCAT
MAU.GA
AMfRICAN i--t-t---t--t---+--+-+-+-J--t-t--t-if--t--+-+---t-~:--\.'----1...-t------1.--J-r---l-+--+-_J____J__ ----'-_RJCNI FIGURE 1 - LOCATIONS OF FOUR QUADRANTS FOR GROUNDWATER BUDGETS 2 difference between inputs and outputs) and from water-level changes between January 2019 and January 2020 .
3 P\unpage for public supply is used in the water budgets in order to determine the residential consumptive use (including domestic use for schools). Pumpage for public supply and water deliveries from the WTPs was summed, and the sewage export was deducted from this, to determine the outside residential water use. An irrigation efficiency of 70 percent was then multiplied by this to estimate the residential consumptive use. There is additional urban consumptive use for golf courses, parks, cemeteries, and some schools that have their own wells for irrigation. Most of this information was obtained from the BCF/Carollo October 2019 report. Recycled water is also used in part of the Southwest Quadrant. For the Northeast Quadrant, CSUF (including its farms) is considered to be part of the urban area. Rural areas are significant in parts of the other three quadrants. The water budgets presented in this section are for the urban parts of the quadrants. Separate water budgets for the rural lands are provided separately.

Groundwater flows are based on the Spring 2020 water-level elevation map, which shows groundwater divides. Essentially, the Northwest Quadrant is in an area of groundwater inflow, except for the rural southwest part, where this is outflow to the southwest. For the Northeast Quadrant, there is primarily groundwater inflow, except for a short reach between Shepherd and Alluvial Avenues, where there is groundwater outflow to the southeast into the City of Clovis. For the Southeast Quadrant, there is only groundwater inflow. For the Southwest Quadrant, there is only groundwater outflow. Groundwater inflows from the north into the Northwest and Northeast Quadrants were taken from Provost & Pritchard values for river seepage in the reach opposite the City of Fresno and the Pinedale PUD. Half of the groundwater river seepage losses were used for southerly groundwater flow into these two quadrants. For the other groundwater flow estimates, water-level slopes and widths of flow were determined from the January 2020 water-level elevation map (Figure 2). Aquifer transmissivities were primarily taken from the KOSA 2006 hydrogeologic report for the Fresno urban Area.

Northeast Quadrant
4 Table 1 contains the groundwater budget information for the Northeast Quadrant. Several important features of this quadrant, which is essentially between Blackstone and Willow Avenues and north of Dakota Avenue, are:

1. Substantial canal water has been supplied to this quadrant from the City of Fresno Northeast WTP.

EXPLANATION
Kll86 ~°:{,a:.~.:~ie~~i°~~~~~~~:.~~t
January 2020
""""--
~
Contour of Water-Level Elevation
Above Mean Sea Level (feel)
--+ Direction of Groundwater Flow
- Groundwater Divide
- Fresno City Sphere

GETTYSBURG
A.S>VJI
i,. DAKOTA
o..wrON
=i
- -"-- t---r - -t"--1_::_1==~ f ~i:if!ii5\il!~
MALAGA
AM£RJCAH
i if, i SC-'LIHITff
COf'PER
NTERHATJONAl
BEH\'MER
P£AA)H
11£ES
AUWIAl
GETTYS8URO
- ASIUN

0.<KOTA

SHIELDS
o..wrON
,__,___,_ 8Vn.OI
ORIM
MALAGA
I
FIGURE 2 - WATER-LEVEL ELEVATIONS AND DIRECTION OF GROUNDWATER FLOW (JANUARY 2020) 5 In12ut
Canal
Canal
Canal
Water
Water
Water
TABLE 1-GROUNDWATER BUDGET

FOR NORTHEAST QUADRANT
for City Public Supply
for Intentional Recharge
to CSUF Farms
Urban Storm Water Runoff Recharge
Groundwater Inflow
Subtotal:

Deduct half of Leaky Acres Recharge
Net Input
Out12ut
Sewage Export
Residential Consumptive Use
Other Consumptive Use
Groundwater Outflow
Subtotal:

Change in Groundwater Storage (from water budget)
Change in Groundwater Storage (Water-level change)
Average Change in Water Storage
Acre-Feet
20,500
23,600
1,550
2,400
2,600
50,650
5,500
45,150
18,600
10,000
3,550
1,350
33,500
+11,650
+9,000
+10,350
6 2. Almost all of the rural irrigated areas are associated with the CSUF campus farm.
7 3 . Leaky Acres, the largest intentional recharge facility in the urban area, is located near the southeast corner of this quadrant. Based on the January 2020 water-level elevation map, recharge from Leaky Acres contributes to both the Northeast and Southeast Quadrants.

4. Golf courses are present at the Copper River Ranch, where recycled water from the CRR WWTF is used for golf course irrigation, and a t Fort the Washington Country Club.

5. Woodward Park and the Clovis West High School have significantly irrigation demands.

The canal water delivered for public supply from the 11EWTP to this quadrant was 20 ,500 acre-feet in 2019. An additional 23,600 acre-feet of canal water were delivered for intentional recharge. Of this, about 11,000 acre-feet were recharged at the Leaky Acres facility. Also, an average of 1,550 acre-feet of canal water was delivered to the CSUF farm. The urban storm runoff recharge was estimated to be 2,400 acre-feet (15,750 acres of urban, commercial, and industrial land times 0.15).

The canal seepage in this quadrant is indicated to be insignifi- 8 cant, as most of all of the FID distribution facilities in this area are pipelines, and an impermeable hardpan is present beneath much of the quadrant. The groundwater inflow from the north was estimated to be 2,600 acre-feet, based on the Provost & Prit-chard estimates of river seepage. The total water input was thus 20,500 + 23,600 + 2,400 + 2,600 + 1,550, or 50,650 acre-feet. Deducting half of the Leaky Acres recharge which flowed into the Southeast Quadrant, the net water input was 50,650 minus 5,500, or 45,150 acre-feet.

Water outputs in 2019 included sewage export of 18,600 acrefeet and a consumptive use of 13,550 acre-feet. The residential consumptive use was determined by deducting the sewage export (18,600 acre-feet) from the water supplied for public supply (12,400 acre-feet) from wells and (20,500 acre-feet) from the WTP . The difference was 14,300 acre-feet. This outside water use was then multiplied by 0.70 to determine the residential consumptive use of 10,000 acre-feet. There was an additional 3,550 acre-feet of consumptive use for CSUF irrigation (1,750 acre-feet), golf course irrigation (900 acre-feet), and park irrigation and irrigation of grass and landscaping for schools (900 acre-feet). At the CSUF Farm, 793 acres were irrigated and the average consumptive use of applied water was 2.2 acre-feet per acre. The combined consumptive use was 13,550 acre-feet.

There was an estimated groundwater outflow of 1,350 acre-feet to the southeast into the City of Clovis between Shepherd and Alluvial Avenues. The width of flow was one mile, the average water-level slope was 8 feet per mile, and the transmissivity was 150,000 gpd per foot. The combined sewage export, consumptive use, and groundwater outflow was 33,500 acre-feet.
9 The difference between the water input (45,150 acre-feet) and the water output (33,500 acre-feet) was a plus 11,650 acre-feet.

Water-level hydrographs were prepared for 10 City of Fresno wells in the Northeast Quadrant. The average water-level rise between January 2019 and January 2020 was 3.4 feet per year.

For the 17,566-acre quadrant, using an average specific yield of 15 percent, the calculated increase in storage was 17,566 acres x 0.15 x 3.4 feet per year, or 9,000 acre-feet per year . The best estimate of the increase in storage was the average of these two values, or 10,350 acre-feet.

Northwest Quadrant
Table 2 contains the groundwater budget information for the urban part of the Northwest Quadrant . Several important features of this quadrant are:

Inputs
TABLE 2-GROUNDWATER BUDGET FOR

URBAN PART OF NORTHWEST QUADRANT
Canal Water for City Public Supply
Canal Water for Intentional Recha~ge
Urban Storm Water Runoff Recharge
Groundwater Inflow
Canal Seepage
Subtotal:

Outputs
Sewage Export
Residential Consumptive Use
Other Consumptive Use
Subtotal:

Change in Storage (from water budget)
Change in Storage (Water-level changes)
Average Change in Storage
Acre-Feet
7,700
7,200
3,200
21,400
1,000
40,500
15,400
14,700
1,950
32,050
+8,450
0 +4,250
10 11

1. Relatively small amounts of canal water have been provided to this area for public supply.

2. Most of the FID conveyance facilities in the northeast two-thirds of the quadrant are pipelines.

3. Irrigated lands in this quadrant are almost entirely southwest of Highway 99.

In 2019, the canal water delivery for public supply was 7,700 acre-feet, and 7,200 acre-feet of canal water were used for intentional recharge. Canal seepage was estioated to be about 1,000 acre-feet. A low permeability hardpan underlines the north part of the quadrant and most of the canals are lined.

Urban stormwater runoff recharge was estimated as 21,300 ~~r~s x

0.15, or 3,200 acre-feet. Groundwater inflow from the north was estimated as 12,900 acre-feet, from the Provost & Pritchard evaluation of San Joaquin River seepage. Darcy's Law and the January 2020 water-level elevation map was used to calculate the other groundwater inflow . Groundwater i nflow from the west was calculated as 2,100 acre-feet, from the east as 3,600 acre-feet, and from the south as 2,800 acre-feet. The flow from the west was through a width of two miles, the average water-level slope was four feet per mile, and an average transmissivity 230,000 gpd per foot . Flow from the east was through a width of 3.5 miles, the average water-level slope was four feet per mile, and the transmissivity was 230,000 gpd per foot . Flow from the south was through a width of flow of 2.6 miles, the water-level slope was six feet per mile, and the transmissivity was 180,000 gpd per foot. The total groundwater inflow was thus 21,400 acre-feet. The total water input to the quadrant was 40,500 acre-feet.
12 For water outputs in 2019, the sewage export was 15,400 acrefeet. The canal water supplied for public supply was 7,700 acre-feet and pumpage for public supply was 26,400 acre-feet by the City of Fresno and 2,300 acre-feet by Pinedale CvID . The sum of these is 36,400 acre-feet. Minus the sewage export of 15,400 acre-feet, there were 21,000 acre-feet of outdoor residential water use. This was multiplied by 0.7, yielding a residential consumptive use of 14,700 acre-feet. There were 605 acres of golf courses and 80 acres of parks in this quadrant. The consumptive use of applied water for golf courses was 450 irrigated acres x 3.1, or 1,400 acre-feet per year. The consumptive use for parks was 80 x 3 . 1, or 240 acre-feet. The irrigated area for the larger schools was 100 acres. The consumptive use of applied water was 310 acre-feet. The total other consumptive use was thus about 1,950 acre-feet. The total consumptive use was 16,650. The combination of the sewage export (15,400) and the consumptive use (16,650) was 32,050 acre-feet.
13 The difference between the water input and output was a plus of about 8,450 acre-feet. Water-level hydrographs were prepared for six City wells in the quadrant. The average water-level change between January 2019 and January 2020 was insignificant.

Thus the change in groundwater storage based on water-level changes was zero. The average of these two values was an increase in storage of about 4,250 acre-feet.

Southeast Quadrant
Table 3 contains the groundwater budget information for the urban part of the Southeast Quadrant. Several important features of this quadrant are:

1. Recharge from Leaky Acres in the Northeast Quadrant contributes to groundwater to the Southeast Quadrant.

2. Part of the Sunnyside area remains unsewered, and septic tank effluent is not exported from the quadrant.
3 . The east one-third of the quadrant is irrigated cropland.

4. A relatively large amount of canals transect this quadrant, and about eight miles of them are unlined.

In 2019, water input for the urban part of the quadrant included 29,500 acre-feet of canal water for public supply and Inputs
TABLE 3-GROUNDWATER BUDGET FOR

URBAN PART OF SOUTHEAST QUADRANT
Canal Wate r for City Public Supply
Canal Water for Intentional Recharge
Canal Seepage
Urban Storm Water Runoff Recharge
Groundwater Inflow
Leaky Acre Recharge Inflow
Subtotal:

Outputs
Sewage Export
Urban Consumptive Use
Other Consumptive Use
Subtotal :

Change in Storage (from water budget)
Change in Storage (water-level changes)
Average Change in Storage
Acre-Feet
29,500
14,550
7,000
3,800
5,100
5,500
65,450
20,500
17,600
1,500
39,600
+25,850
+23,700
+24,800
14 15
14,550 acre-feet for intentional recharge. Recharge of urban storm runoff was estimated to be 25,500 acres x 0.15, or 3,800 acre-feet. Canal seepage in the urban part of the area was estimated to be 7,000 acre-feet. Groundwater inflow was estimated at 2,500 acre-feet from the southeast and northeast and 2,600 acre-feet from the east. The width of inflow from the southeast and northeast was 4 .4 miles, the average water-level slope was 15 feet per mile, and the transmissivity was 34,000 gpd per foot. The width of inflow from the east was five miles, the average water-level slope was 11 feet per mile, and the average transmissivity was 42,000 gpd per foot. The total groundwater inflow was 5,100 acre-feet in 2019. Another 5,500 acre-feet was contributed by Leaky Acres recharge that was not accounted for by the previous estimate. The total inflow of water was thus 29,500 + 14,550 + 7,000 + 3,800 + 5,100 + 5,500, or 65,450 acrefeet. 1qater output from the Southeast Quadrant included sewage export of 20,500 acre-feet and urban consumptive use of 17,600 acre-feet. The pumpage for public supply included 12,900 acrefeet for the City of Fresno and 3,300 acre-feet for the Bakman Water Co . Combined with the 29,500 acre-feet of water from the WTP, the total was 45,700 acre-feet. Deducting the sewage export of 20,500 acre-feet, leaves an outside residential water 16 use of 25,200 acre-feet. Multiplying this by 0 .7 yields a residential consumptive use of 17,600 acre-feet. There were 380 acres of golf courses and 130 acres of parks in this quadrant. The consumptive use of applied water for golf courses was 285 irrigated acres x 3 . 1, or 885 acre-feet . The consumptive use by parks was 130 acres x 3.1, or 400 acre-feet. The consumptive use for irrigation of the larger schools was 70 acres x 3. 1, or 210 acre- feet. The total other consumptive use was 1,500 acrefeet. The total consumptive use was thus about 19,100 acrefeet . The combination of the sewage export and consumptive use was 39,600 acre-feet.

The difference between the water inputs and water outputs in 2019 was 65,450-39,600, or 25,850 acre-feet. Water-level hydrographs were prepared for nine City wells in the quadrant. The average water-level rise b etween January 2019 and January 2020 was 6.2 feet per year. Multiplying this times 25,500 acres of u~·ban land times O. 15 equals 23, 700 acre-feet. This is in good agreement with the increase in storage from the water budget.

The average of the two estimates was an increase in storage of 24,800 acre-feet.

Southwest Quadrant
Table 4 shows the groundwater budget for 2019 for the urban Inputs
TABLE 4-GROUNDWATER BUDGET FOR

URBAN PART OF SOUTHWEST QUADRANT
Canal Water for City Public Supply
Canal Water for Intentional Recharge
Canal Seepage
Urban Storm Water Runoff Recharge
Recycled Water
Subtotal:

Outputs
Sewage Export
Residential Consumptive Use
Other Urban Consumptive Use
Groundwater Outflow
Subtotal:

Change in Groundwater Storage (water budget)
Change in Storage (Water- level changes)
Average Change in Storage
Acre-Feet
16,500
16,600
2,000
1,800
340
37,250
9 I 100
7,800
2,200
6,300
25,400
+11,850
+8,400
+10,150
17 part of the Southwest Quadrant. Several important features of this quadrant, which is south of Shields Avenue and west of Elm Avenue, are:
l . The urban part of the quadrant is an area o f groundwater outflow.

2. The southwest half of this quadrant is rural.

3. Recycled water is used at several places in the quadrant. 18 For water inputs, there were 16,500 acre-feet of canal water deliveries for public supply and 16,600 acre-feet delivered for intentional recharge in 2019. Recharge of urban storm water r unoff was 12,000 acres x 0.15, or 1,800 acre-feet. There were 340 acre-feet of recycled water used in the quadrant i n 2019.

Canal seepage was estimated to be 2,000 acre-feet per total.

Then total water input was thus 37,250 acre-feet.

Water outputs in 2019 from the urban part of the quadrant included a sewage export of 9,100 acre-feet. Urban residential water consumptive use was 7,800 acre-feet for. The City pumpage was 3,700 acre-feet, and water from the WTF was 16,500, or a total public supply of 20,200 acre-feet. Deducting the exported sewage of 9,100 acre-feet, the outside residential water use was 11,100 acre-feet. Multiplying this by 0.7 yields 7,800 a crefeet of residential consumptive use. There ware 350 acres of parks and 260 acres of cemeteries in this quadrant. The consumptive use of parks and cemeteries was 610 acres x 3.1, or 1,890 acre feet. There were about 100 acres of irrigated lands for the larger schools. The consumptive use for school irrigation was 100 acres x 3.1, or 310 acre-feet. The total other consumptive use was 2,200 acre-feet. The total urban consumptive use was 10,000 acre-feet.

The groundwater outflow to the north and northeast was
through a segment 2.6 miles wide, the average water-level slope was six feet per mile, and the transmissivity was 180,000 gpd per foot. The outflow to the north and northeast was 2,800 acre-feet. The groundwater outflow to the southwest and south was through a width of 3 . 3 miles, the average water-level slope was six feet per mile, and the transmissivity was 180,000 gpd per foot. The groundwater outflow was 3,500 acre-feet in 2019.

The total groundwater outflow from the u:r:ban part of the quadrant was 6,300 acre-feet in 2019. The total water outputs were 25,300 acre-feet.
19 The difference between the water inputs and outputs for the urban part of the quadrant was 37,250 minus 25,400, or a plus 11,850 acre-feet. Water-levels records for January 2019 and January 2020 were reviewed. There was an average water-level rise of 3.3 feet between January 2019 and January 2020, based on 20 measurements for five wells. Multiplying 17,000 acres x 3,3 x 0 . 15 equals 8,400 acre-feet of storage increase. The average of these two values for the change increase is 10,150 acre-feet.

FIGURE 1 - LOCATIONS OF FOUR QUADRANTS FOR GROUNDWATER BUDGETS NW
QUAD
NE
QUAD
SE
QUAD
SW
QUAD
RWRF
2 86 Location and Identification of Well
with Water-Level Measurement for
January 2020
Contour of Water-Level Elevation
Above Mean Sea Level (feet)
Direction of Groundwater Flow

EXPLANATION
Fresno City Sphere
Groundwater Divide
FIGURE 2 - WATER-LEVEL ELEVATIONS AND DIRECTION OF GROUNDWATER FLOW (JANUARY 2020) 5 220
220
210
190
190
180
180
190
190
190
190
200
200
210
210
210
210
190
185
185
185
210
220
220
200
200
200
200
200
185
210
190

SOURCES OF INFORMATION

FOR URBAN WATER BUDGETS
Water Deliveries
Water deliveries to water treatment plants was provided by quadrants by Akei Engineering (10/20/20). Water deliveries for intentional recharge by quadrants was provided by Provost & Pritchard (11/5/20). Water deliveries to the CSUF farms were provided by BCF/Carollo (October 2019).

Pwnpage
City of Fresno pwnpage by well for 2019 was provided by the City of Fresno. KDSA portioned this pwnpage by quadrant. KDSA obtained 2019 pwnpage from the Pinedale CWD and from the Bakman Water Company. CSUF pwnpage for the academic campus and farms was provided by BCF/Carollo (October 2019).

Wastewater Flows
Wastewater flows by quadrant for 2019 were provided by Akei Engineering (10/20/20).

San Joaquin River Seepage
San Joaquin River seepage estimates were provided by Provost & Pritchard (11/5/20).

Urban Storm Runoff
Provost & Pritchard provided the rainfall for 2019 (12
inches). The acreages for residential, commercial, and industrial in each quadrant were provided by Provost & Pritchard.

The combined acreage was multiplied by 0.15 to obtain the urban storm runoff.

Land Use
Provost & Pritchard (11/14/20) provided the land use by quadrants including urban, commercial, and industrial, and crop types for 2019.

Canal Seepage
Provost & Pritchard (11/14/20) provided information on the lengths of canal and lining statuses by quadrant within the City of Fresno sphere of influence, along with a map. However, they did not provide the canal seepage for each quadrant.

Schools
Other than CSUF, the City provides drinking water and irrigation water for most schools, except larger ones that normally have their own irrigation wells. Schools with their own irrigation wells include Sunnyside High School, Clovis West High 2 School, and several Central USD campuses. In this report, city deliveries to schools are combined with residential deliveries.

Consumptive Use
For residential and schools without their own irrigation wells, the combined water deliveries (from City wells and water treatment plants) was determined for each quadrant. The wastewater or sewage flows for each quadrant were then deducted from this to estimate the outside water use. This was multiplied by 0.7 (reflecting an average irrigation efficiency of 70 percent) to obtain the residential consumptive use.

There is additional consumptive use for golf courses,
parks, cemeteries, and schools with their own irrigation wells.

This is discussed by quadrant. For each quadrant, KOSA printed out a large scale Google Earth map. On each map, schools, cemeteries, and golf courses were identified, and the respective acreages determined. For the larger schools, the approximate irrigated acreage was also determined.

Northeast Quadrant
There were 323 acres of golf courses (Fort Washington CC and Copper River Ranch), 445 acres of parks (330 acres of which was Woodward Park), and 980 acres of schools. The largest schools (excluding CSUF) were Clovis North High School (100 3 acres), Clovis West High School (60 acres), and Hoover High School (45 acres). Consumptive use of applied water for irrigated areas at schools and golf courses was determined from the DWR Bulletin 113-3 value for pasture (3.1 acre-feet per acre per year). For the golf courses, there were about 300 acres irrigated, and the consumptive use of applied water was 930 acrefeet per year. The consumptive use for the CSUF farm was 2,020 acre-feet per year. This was determined from Table 12 of BCF/Carollo, which provided the following crop acreages: tree crops 198 acres, vineyards 129 acres, corn 171 acres, and pasture 293 acres. The Bulletin 113-3 consumptive use of applied water values for these were 2.6, 3.0, 2.0, and 3.1 acre-feet per acre per year, respectively. From BCF/Carollo, there were 260 acres of irrigated areas at other schools, or a consumptive use of 800 acre-feet per year.

Northwest Quadrant
There were 605 acres of golf courses and 80 acres of parks in this quadrant. The largest schools were Central West High School and Harvest Elementary School (80 acres), Bullard High School and Gibson Elementary School (57 acres), Central High School East (53 acres), Rio Vista Middle School and River Bluff Elementary (41 acres), Teague Elementary School (38 acres), and Cooper Middle School and Wilson Elementary School (27 acres). 4 The water treatment plant water was 7,100 acre-feet, City pumpage was 26,400 acre-feet, and Pinedale CWD pumpage was 2,300 acre-feet. The total water for public supply was 35,800 acrefeet. The residential consumptive use was 14,700 acre-feet (calculated from the water for public supply minus the sewage export (15,400 acre-feet) x 0.7). The consumptive use of applied water for golf courses was 450 irrigated acres x 3.1, or 1,400 acre-feet per year. The consumptive use for parks was (80 x 3.1), or 240 acre-feet. The irrigated acres for the larger schools was 100 acres and the consumptive use of applied water was 310 acre-feet. The total other consumptive use was 1,950 acre-feet.

Southeast Quadrant
There were 380 acres of golf courses and 130 acres of parks in this quadrant. The largest schools were Sunnyside High School (52 acres), Fresno Adventist (40 acres), Roosevelt High School (37 acres), McLane High School (37 acres), San Joaquin Memorial High School (34 acres), Fresno City College east of Blackstone Avenue (30 acres), and Terrones Middle School (26 acres). There were 12,900 acre-feet of pumpage for the City of Fresno, and 3,200 acre-feet for the Bakman Water Co. The water treatment plant deliveries were 29,500 acre-feet. Thus the total water for public supply was 45,700 acre-feet. The sewage 5 export was 20,500 acre-feet. The residential consumptive use was 17,600 acre-feet (calculated from the water for public supply minus the sewage export x 0.7).

The consumptive use of applied water for golf courses was 285 irrigated acres x 3.1, or 885 acre-feet, and the consumptive use by parks was 130 acres x 3.1, or 400 acre-feet. The consumptive use for irrigation of the larger schools was 70 acres x

3.1, or 210 acre-feet. The total other consumptive use 1,500 acre-feet. Combined with the residential consumptive use, the total was 19,100 acre-feet.

Southwest Quadrant
The City pumpage was 3,700 acre-feet, and the water treatment plant deliveries were 16,500 acre-feet. The water for public supply was 20,200 acre-feet. Deducting the sewage export of 9,100 acre-feet, the outside water use was 11,100 acre-feet.

Multiplying this by 0.7 yields the residential consumptive use of 7,800 acre-feet.

There were 350 acres of parks and 260 acres of cemeteries in this quadrant. The larger schools were Fresno City College west of Blackstone Avenue (87 acres), Edison High School (51 acres), Fresno High School (40 acres), Westside Middle School (28 acres), El Capitan Middle School (27 acres), and Gatson Middle School (23 acres). The consumptive use for parks and ceme6 teries (610 acres) was 610 x 3.1, or 1,890 acre feet. There was about 100 acres of irrigated lands for the larger schools. The consumptive use for school irrigation was 100 acres x 3.1, or 310 acre-feet. The total other consumptive use was 2,200 acrefeet. 7 City of Fresno Central Valley Project Contract
2025 Urban Water Management Plan | G
Appendix G Central Valley Project
Contract
G
M&I Only
Contract No. 14-06-200-890 I D

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION
Central Valley Project, California

CONTRACT BETWEEN THE UNITED STATES
AND

CITY OF FRESNO

PROVIDING FOR PROJECT WATER SERVICE

FROM FRIANT DIVISION AND

FOR FACILITIES REPAYMENT
Table of Contents
Article No. Title
I
2 3
4 5
6 7
8 9
l0
1l
t2
13 t4
l5
t6
t7
18 t9
20 2l
22 23
24 25
Page No.

Preamble ........................1
Expranatory R'.itur'......::...:::..:.:.::....:...:.......... ...................1 Definitions ......................6
Effective Date Of Contract ............I2
Water To Be Made Available And Delivered To The Contractor.........................14 Time For Delivery Of Water... .......21
Point Of Diversion And Responsibility For Distribution Of Water........... ...........23 Measurement Of Water Within The Service Area.......... .........,...........25 Rates, Method Of Payment For Water, And Accelerated Facilities Repayment...27 Non-Interest Bearing Operation And Maintenance Defrcits ...............37 Recovered Water Account .............37
Sales, Transfers, And Exchanges Of Water............... ........38 Application Of Payments And Adjustments.................................. ..,...41 Temporary Reductions-Return Flows ...........42
Constraints On The Availability Of Water... .....................43 Unavoidable Groundwater Percolation............. .................46 Acreage Limitation ......46
Rules, Regulations, And Determinations........... ................46 Protection Of Water And Air Quality...... ........47
Water Acquired By The Contractor Other Than From The United States ...........,47 Opinions And Determinations .......49
Coordination And Cooperation................ ........50 Charges For Delinquent Payments............... ......................51 Equal Employment Opportunity........... ...........52
GeneralObligation-BenefitsConditionedUponPayment.... ............53 Compliance With Civil Rights Laws And Regulations................ .......54 Privacy Act Compliance......... .......54
26 27
28 29
30 31
32 aaJJ
34 35
36 37
38 39
40 4l
42 Contractor To Pay Certain Miscellaneous Costs ...............54 Water Conservation ............... ........55
Existing Or Acquired Water Or Water Rights....... ............56 Operation And Maintenance By Operating Non-Federal Entity .........57 Contingent On Appropriation Or Allotment Of Funds ......58 Books, Records, And Reports................ ..........59 Assignment Limited-successors And Assigns Obligated .................59 Severability ..................60
Resolution Of Disputes................ ....................60 Officials Not To Benefit ................61
Changes In Contractor's Service Area.......... .....................61 Federal Laws......... .......62
Emergency Reserve Fund......... .......................62 Medium For Transmitting Payment............. ......................62 Notices .......63
Confirmation Of Contract............... .................63 Contract Drafting Considerations............ ........63 Signature Page ......... ................:. ......................64 Exhibit A Contractor's Map or Description of Service Area Exhibit B Rates and Charges
Exhibit C-l Repayment Schedule - Lump Sum Option
Exhibit C-2 Omitted
Exhibit D Computation of the Friant Surcharge
Exhibit E Restated Contract
Exhibit F Metering Plan
I
2 a
J
4 5
6 7
8 9
l0
t1
I2
t3
t4
15 t6
t7
18 19
20 2L
22 23
24 25
26 Contract No. 14-06-200-890 1 D

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION
Central Valley Project, California

CONTRACT BETWEEN THE UNITED STATES
AND

CITY OF FRESNO

PROVIDING FOR PROJECT WATER SERVICE FROM

FRIANT DIVISION AND

FACILITIES REPAYMENT
THIS CONTRACT, made this.l)rt"tday of u,)t. c;'^,lu<** ,2010,is entered into pursuant to the Act of June 17,1902, (32 Stat. 388), and acts amendatory or supplementary thereto, including but not limited to: the Acts of Augrst26,1937 (50 Stat. 844), as amended and supplemented, August 4,1939 (53 Stat. 1187), as amended and supplemented, June 21, 1963 (77 Stat. 68), October 12,1982 (96 Stat. L262), October 27,1986 (100 Stat. 3050), as amended, Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), and Title X, Subtitle A, of the Act of March 30,2009 (123 Stat. 1349), also referred to as the San Joaquin River Restoration Settlement Act hereinafter referred to as SJRRSA, all collectively hereinafter referred to as Federal Reclamation law. between THE UNITED STATES OF AMERICA, hereinafter referred to as the United States and the CITY OF FRESNO, hereinafter referred to as the Contractor, a public agency of the State of California, duly organized, existing, and acting pursuant to the laws thereof, with its principal place of business in California; WITNESSETH. That

EXPLANATORY RECITALS
[1"] WHEREAS, the United States has constructed and is operating the Central Valley Project, California, for diversion, storage, cariage, distribution and beneficial use, for flood 27 28
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control, irrigation, municipal, domestic, industrial, fish and wildlife mitigation, protection and restoration, generation and distribution of electric energy, salinity control, navigation and other beneficial uses, of waters of the Sacramento River, the American River, the Trinity River, and the San Joaquin River and their tributaries; and
[2'o] WHEREAS, the United States constructed Friant Dam (thereby creating Millerton Lake) and the Friant-Kern and Madera Canals, hereinafter collectively referred to as the Friant Division Facilities, which will be used in part for the furnishing of water to the Contractor pursuant to the terms of this Contract; and
[3'd] WHEREAS, the United States and the Contractor entered into Contract Number 14-06-200-8901 which established terms for the delivery to the Contractor of Project Water from the Friant Division from March I,1966 through February 28,2006; and [4'n] WHEREAS, the Contractor and the United States have, pursuant to subsection 3a0a(c)(1) of the Central Valley Project Improvement Act (CVPIA), subsequently entered into a Binding Agreement, identified as Binding Agreement No. 14-06-200-8901-84, which sets out the terms pursuant to which the Contractor agreed to renew the existing contract before its expiration date after completion of the programmatic environmental impact statement, and subsequently entered into a long-term renewal contract identified as Contract Number l4-06-200-8901-LTRl, which provided for continued water service to Contractor through February 28,2045, and is herein referred to as the "Existing Contract"; and [5tn] WHEREAS, pursuant to Section 8 of the Act of June 17,1902 (32 Stat. 388), the United States has acquired water rights and other rights to the flows of the San Joaquin River, including without limitation the permits issued as the result of Decision 935 by the California 49 50
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State Water Resource Control Board and the contracts described in subdivision (n) of Article 3 of this Contract, pursuant to which the Contracting Officer develops, diverts, stores and delivers Project Water stored or flowing through Millerton Lake in accordance with State and Federal law for the benefit of Project Contractors in the Friant Division and for other specified Project purposes; and
[6'n] WHEREAS, the water supplied to the Contractor pursuant to this Contract is Project Water developed through the exercise of the rights described in the fifth (5t) Explanatory Recital of this Contract; and
[7to] WHEREAS, as a result of litigation entitled o'Natural Resources Defense Council, et al. v Kirk Rogers, et al." No. CIV-S-88-1658LLK/GGH, certain contractors from the Friant Division entered into a Stipulation of Settlement dated September 13,2006, (the "Settlement"), which settlement prescribes a Restoration Goal and a Water Management Goal and which Settlement was subsequently confirmed and implemented through the SJRRSA; and [8tn] WHEREAS, the SJRRSA authorizes and directs the Secretary to convert the Existing Contract to a repayment contract under clause (1) in the proviso to the first sentence of subsection (c) (hereinafter referred to as subsection (c)(1)) of Section 9 of the Act of August 4, 1939, no later than December 31,2010, and further directs that such contract shall require the repayment of the Contractor's allocated share of construction costs in lump sum payment by January 3t,2014, which funds will in turn be made available for implementation of the Settlement and SJRRSA, and which costs otherwise would have been payable through annual water rates, with full repayment by 2030; and
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70 [9tn] WHEREAS, such repayment of costs will assist the United States with 7l implementation of actions required under the Settlement and the SJRRSA and provide the 72 Contractor the benefits provided in Section 10010 of the SJRRSA; and 73 [10tn] WHEREAS, Section 2 of the Act of June 21,1963 (1963 Act) provides that if the 74 other party to any long-term contract for municipal, domestic, or industrial water supply so 75 requests, The Secretary shall provide in any contract entered into under subsection (c)(1) of 76 Section 9 of the Act of August 4,1939 (repayment contract) that such party to the contract 77 "shall, during the term of the contract and any renewal thereof and subject to fulfillment of all 78 obligations thereunder, have a first right for the pu{poses stated in the contract (to which the 79 holders of any other type of contract for municipal, domestic, or industrial water supply shall be 80 subordinate) to a stated share or quantity of the project's water supply available for municipal, 8l domestic, or industrial use"; and
82 [11tn] omitted; and
83 [12tn] WHEREAS, the Contractor has demonstrated to the satisfaction of the 84 Contracting Officer that the Contractor has utilized the Project Water supplies available to it for 85 reasonable and beneficial use and/or has demonstrated projected future demand for water use 86 such that the Contractor has the capability and expects to utilize fully for reasonable and 81 beneficial use the quantrty of Project Water to be made available to it pursuant to this Contract; 88 and
89 [3tn] WHEREAS, water obtained from the Central Valley Project has been relied upon 90 by urban and agricultural areas within Califomia for more than fifty (50) years and is considered 91 by the Contractor as an essential portion of its water supply; and 4 92
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[14tn] WHEREAS, the economies of regions within the Central Valley Project, including the Contractor's, depend upon the continued availability of water, including water service from the Central Valley Project; and
U5'h] WHEREAS, the Secretary intends through coordination, cooperation, and partnerships to pursue measures to improve water supply, water quality, and reliability of the Project for all Project purposes; and
[16tn] WHEREAS, the mutual goals of the United States and the Contractor include: to provide for reliable Project Water supplies; to control costs of those supplies; to achieve repayment of the Central Valley Project as required by law; to guard reasonably against Project Water shortages; to achieve a reasonable balance among competing demands for use of Project Water; and to comply with all applicable environmental statutes, all consistent with the legal obligations of the United States relative to the Central Valley Project; and [7'h] WHEREAS, any time during the Year the Contracting Officer determines that a need exists to evacuate water from Millerton Lake in order to prevent or minimize spill or to meet flood control criteria (currently referred to as "uncontrolled season"), taking into consideration, among other things, anticipated upstream reservoir operations and the most probable forecast of snowmelt and runoff projections for the upper San Joaquin River, Friant Division Project Contractors utilize a portion of their undependable Class 2Watet in their service areas to, among other things, assist in the management and alleviation of groundwater overdraft in the Friant Division service area, provide opportunities for restoration of the San Joaquin River below Friant Dam, minimize flooding along the San Joaquin River, encourage optimal water management, and maximize the reasonable and beneficial use of the water; and Contract No. l4-06-200-890 lD
ll4 [S'h] WHEREAS, the parties desire and intend that this Contract not provide a 115 disincentive to the Friant Division Project Contractors continuing to carry out the beneficial 116 activities set out in the Explanatory Recital immediately above; and fi] [19'n] WHEREAS, the United States has determined that the Contractor has fulfilled all 118 of its obligations under the Existing Contract; and 119 [20'n] WHEREAS, this Contract allows the Contractor to retain a sustainable water 120 supply, and provides greater certainty regarding the cost and long-term integrity of its Central l2l Valley Project water supplies.
122 NOW, THEREFORE, in consideration of the mutual and dependent covenants herein 123 contained, it is hereby mutually agreed by the parties hereto as follows:
124 DEFINITIONS
I25 1. When used herein, unless otherwise distinctly expressed or manifestly 126 incompatible with the intent of the parties as expressed in this Contract, the term:
127 (a) "Additional Capital Obligation" shall mean any additional construction 128 costs or other capitalized costs incurred after the effective date of this Contract or not reflected in 129 the Existing Capital Obligation as provided in Section 10010(a)(3)(B) of the SJRRSA and any 130 amounts payable by Contractor as determined through the final adjustment described and 131 required by Section 10010(b) of the SJRRSA;
132 (b) "Calendar Year" shall mean the period January 1 through December 31, 133 both dates inclusive:
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(c) "Charges" shall mean the payments required by Federal Reclamation law in addition to the Rates and Tiered Pricing Components specified in this Contract as determined annually by the Contracting Officer pursuant to this Contract and consistent with the SJRRSA; (d) "Class I Water" shall mean that supply of water stored in or flowing through Millerton Lake which, subject to the contingencies hereinafter described in Articles 3, 12, and 13 of this Contract, will be available for delivery from Millerton Lake and the Friant-Kern and Madera Canals as a dependable water supply during each Year; (e) "Class 2Water" shall mean that supply of water which can be made available subject to the contingencies hereinafter described in Articles 3,12, and 13 of this Contract for delivery from Millerton Lake and the Friant-Kern and Madera Canals in addition to the supply of Class I Water. Because of its uncertainty as to availability and time of occulrence, such water will be undependable in character and will be furnished only if, as, and when it can be made available as determined by the Contracting Officer; (f) "Condition of Shortage" shall mean a condition respecting the Project during any Year such that the Conhacting Officer is unable to deliver sufficient water to meet the Contract Total;
(g) "Contracting Officer" shall mean the Secretary of the Interior's duly authorized representative acting pursuant to this Contract or applicable Federal Reclamation law or regulation;
(h) "Contract Total" shall mean the maximum amount of Class 1 Water plus the maximum amount of Class 2Water specified in subdivision (a) of Article 3 of this Contract and is the stated share or quantity of the Project's available water supply to which the Contractor r56
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shall have a first right, in accordance with the 1963 Act and the terms of this Contract, upon the Contractor's complete payment of the Repayment Obligation, notwithstanding any Additional Capital Obligation that may later be established;
(i) "Contractor's Service Areao' shall mean the area to which the Contractor is permitted to provide Project Water under this Contract as described in Exhibit "A" attached hereto, which may be modified from time to time in accordance with Article 36 of this Contract without amendment of this Contract;
() "CVPIA" shall mean the Central Valley Project Improvement Act, Title XXXIV of the Act of October 30, 1992 (106 Stat.4706);
(k) Omitted;
(l) Omitted;
(m) "Existing Capital Obligation" shall mean the remaining amount of construction costs of the Contractor identified in the Central Valley Project Irrigation Water Rates and/or Municipal and Industrial Water Rates, respectively, dated January 25,2007, as adjusted to reflect payments not reflected in such schedule, pursuant to Section 10010(aX3)(A) of the SJRRSA. The Contracting Officer has computed the Existing Capital Obligation in a manner consistent with the SJRRSA and such amount is set forth in Exhibits ooC-I", incorporated herein by reference;
(n) "Financing Costs", for purposes of computing the reduction of certain charges as specified in subdivision (c) of Article 7 of this Contract, shall mean the difference between the net present value of the Existing Capital Obligation discounted using the fuIl 177
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Treasury rate and the Existing Capital Obligation discounted using one-half the Treasury rate, as set forth in Section 10010(d)(3) of the SJRRA;
(o) "Full Cost Rate" shall mean an annual rate as determined by the Contracting Officer that shall amortize the expenditures for construction properly allocable to the Project irrigation or M&I functions, as appropriate, of facilities in service including all O&M deficits funded, less payments, over such periods as may be required under Federal Reclamation law or applicable contract provisions. Interest will accrue on both the construction expenditures and funded O&M def,rcits from October 12,1982, on costs outstanding at that date, or from the date incurred in the case of costs arising subsequent to October 12,1982, and shall be calculated in accordance with subsections 202(3)(B) and (3)(C) of the RRA. The Full Cost Rate includes actual operation, maintenance, and replacement costs consistent with Section 426.2 of the Rules and Regulations for the RRA;
(p) Omitted;
(q) Omitted;
G) "Irrigation Water" shall mean water made available from the Project that is used primarily in the production of agricultural crops or livestock, including domestic use incidental thereto, and watering of livestock;
(s) Omitted;
(t) "Long Term Historic Average" shall mean the average of the final forecast of Water Made Available to the Contractor pursuant to this Contract and the contracts referenced in the third (3'd) and fourth (4th) Explanatory Recitals of this Contract; Contract No. 14-06-200-890 I D
198 (u) "Municipal and Industrial (M&I) Water" shall mean Water Made Dg Available from the Project other than Irrigation Water made available to the Contractor. M&I 200 Water shall include water used for human use and purposes such as the watering of landscaping 20I or pasture for animals (e.g., horses) which are kept for personal enjoyment or water delivered to 202 land holdings operated in units of less than five (5) acres unless the Contractor establishes to the 203 satisfaction of the Contracting Officer that the use of water delivered to any such landholding is a 204 use described in subdivision (r) of this Article of this Contract; 205 (v) "Municipal & Industrial (M&D Full Cost Water Rate" shall mean the Full 206 Cost Rate applicable to the delivery of M&I Water;
207 (w) "Operation and Maintenance" or'oO&M'o shall mean normal and 208 reasonable care, control, operation, repair, replacement (other than Capital replacement), and 209 maintenance of Project facilities;
210 (x) "Operating Non-Federal Entity" shall mean the Friant Water Authority, or 2ll its successor, a Non-Federal entity, which has the obligation to operate and maintain all or a 2I2 portion of the Friant Division Facilities pursuant to an agreement with the United States and 213 which may have funding obligations with respect thereto; 214 (v) Omitted;
215 (z) "Project" shall mean the Central Valley Project owned by the United 216 States and managed by the Department of the Interior, Bureau of Reclamation; 217 (aa) "Project Contractors" shall mean all parties who have a long-term water 218 service contract or repayment contract for Project Water from the Project with the United States 2I9 pursuant to Federal Reclamation law;
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220 (bb) "Project Water" shall mean all water that is developed, diverted, stored, or 221 delivered by the Secretary in accordance with the statutes authorizing the Project and in 222 accordance with the terms and conditions of water rights acquired pursuant to California law; 223 (cc) "Rates" shall mean the payments for O&M costs as determined annually 224 by the Contracting Officer in accordance with the then-existing applicable water ratesetting 225 policies for the Project, as described in subdivision (a) of Article 7 of this Contract and 226 illustrated in Exhibit "B", attached hereto;
227 (dd) 'oRecovered Water Account" shall mean the program, as defined in the 228 Settlement, to make water available to all of the Friant Division Project Contractors who provide 229 water to meet interim flows or restoration flows for the purpose of reducing or avoiding the 230 impact of the interim flows and restoration flows on such contractors; 231 (ee) "Repayment Obligation", as provided in subdivision (a)(2)(A) of Article 7 232 of this Contract, shall be the Existing Capital Obligation, as defined herein, discounted by 233 one-half of the Treasury rate and computed consistent with the provisions of Section 234 10010(a)(3)(A) of the SJRRSA to be paid by January 31,2014; 235 (f0 'oSecretary" shall mean the Secretary of the Interior, a duly appointed 236 successor, or an authorized representative acting pursuant to any authority ofthe Secretary and 237 through any agency of the Department of the Interior; 238 (gg) "settlement" shall mean the Stipulation of Sefflement dated September 13, 239 2006, the Order Approving Stipulation of Settlement, and the Judgment and further orders issued 240 by the Court pursuant to the terms and conditions of the Settlement in Natural Resources 241 Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 LLJIGGH; u
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(hh) "Tiered Pricing Component" shall be the incremental amount to be paid for each acre-foot of Water Delivered as described in subdivision (1)(1) of Article 7 of this Contract;
(iD "Water Delivered" or "Delivered Water" shall mean Project Water diverted for use by the Contractor at the point(s) of delivery approved by the Contracting Officer;
0j) ooWater Made Available" shall mean the estimated amount of Project Water that can be delivered to the Contractor for the upcoming Year as declared by the Contracting Officer, pursuant to subdivision (a) of Article 4 of this Contract; (kk) "Water Management Goal" shall mean the goal of the Settlement to reduce or avoid adverse water supply impacts to all the Friant Division Project Contractors that may result from the interim flows and restoration flows provided for in the Settlement; 0l) 'oWater Scheduled" shall mean Project Water made available to the Contractor for which times and quantities for delivery have been established by the Contractor and Contracting Officer, pursuant to subdivision (b) of Article 4 of this Contract; and (mm) ooYear" shall mean the period from and including March 1 of each Calendar Year through the last day of February of the following Calendar Year.

EFFECTIVE DATE OF CONTRACT

2. (a) This Contract shall become effective on the date first hereinabove written and shall continue so long as the Contractor is making the payment required herein and paying any other amounts owing under this Contract and applicable law, unless it is terminated by the Contracting Officer by reason of a material uncured breach by the Contractor; Provided, That the 12 Contract No. l4-06-200-890 lD
264 Contracting Officer shall not seek to terminate this Contract by reason of an asserted material 265 uncured breach by the Contractor unless it has frst provided at least sixty (60) days written 266 notice of the asserted breach to the Contractor and the Contractor has failed to cure such breach 267 (or to diligently commence curative actions satisfactory to the Contracting Officer for a breach 268 that cannot be fully cured within sixty (60) days) within the sixty (60)-day notice period; 269 Provided further. That this Contract may be terminated at any time by mutual consent of the 270 parties hereto.

Z7l (b) Upon complete payment of the Repayment Obligation by the Contractor, 272 and notwithstanding any Additional Capital Obligation that may later be established, the Tiered 273 Pricing Component as that term is utilized in this Contract and Full Cost pricing provisions of 274 Federal Reclamation law, and subdivisions (k), (l), (o) through (q), (s), and (v) of Article 1, 275 subdivision (f) of Article 6, subdivisions (a)(2)(A), [Xl), (lX2), and (lX3) of Article 7, Article 276 14, subdivision (a) of Article 18, and Article 25, aLl of this Contract, shall no longer be 277 applicable to the Contractor. Upon complete payment of the Repayment Obligation by the 278 Contractor, and notwithstanding any Additional Capital Obligation that may later be established, 2ig the terms of this Contract shall be as provided in the restated contract attached hereto as Exhibit 280 "Eo', which has been prepared solely as a matter of administrative convenience. Exhibit "E" 281 makes no substantive revisions other than those required by this subdivision of this Article of 282 this Contract. Accordingly, upon complete payment of the Repayment Obligation by the 283 Contractor, and notwithstanding any Additional Capital Obligation that may later be established, 284 the parties shall refer to Exhibit o'E"
as their entire agreement under this Contract.
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(c) This Contract supersedes in its entirety and is intended to replace in full the Existing Contract; Provided, That if this Contract is terminated or determined to be invalid or unenforceable for any reason other than a material uncured breach of this Contract by the Contractor, the Existing Contract shall not be superseded and shall be in full force and effect.

WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR

3. (a) During each Year, consistent with all applicable State water rights, permits, and licenses, Federal law, the Settlement including the SJRRSA, and subject to the provisions set forth in Articles 12 and 13 of this Contract, the Contracting Officer shall make available for delivery to the Contractor from the Project 60,000 acre-feet of Class I Water for M&I purposes. The quanttty of Water Delivered to the Contractor in accordance with this subdivision shall be scheduled and paid for pursuant to the provisions of Articles 4 and 7 of this Contract.
(b) Upon complete payment of the Repayment Obligation by the Contractor, and notwithstanding any Additional Capital Obligation that may later be established, the Contractor shall have a first right to a stated share or quantity of the Project's water supply available for M&I uses in accordance with the 1963 Act and the terms of this Contract which right shall not be disturbed so long as the Contractor fulfills all of its obligations hereunder. The quantity of water made available for delivery in any given Year shall remain subject to the terms and conditions of subdivision (a) of this Article of this Contract. (c) The Contractor shall utilize the Project Water in accordance with all applicable legal requirements.

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(d) The Contractor shall make reasonable and beneficial use of all Project Water or other water furnished pursuant to this Contract. Groundwater recharge proglams, groundwater banking programs, surface water storage programs, and other similar programs utilizing Project Water or other water furnished pursuant to this Contract conducted within the Contractor's Service Area which are consistent with applicable State law and result in use consistent with applicable Federal Reclamation law will be allowed; Provided, That any direct recharge program(s) is (are) described in the Contractor's Water Conservation Plan submitted pursuant to Article 27 of this Contract; Provided further, That such Water Conservation Plan demonstrates sufficient lawful uses exist in the Contractor's Service Area so that using a long-term average, the quantity of Delivered Water is demonstrated to be reasonable for such uses and in compliance with Federal Reclamation law. Groundwater recharge programs, groundwater banking programs, surface water storage programs, and other similar programs utilizing Project Water or other water furnished pursuant to this Contract conducted outside the Contractor's Service Area may be permitted upon written approval of the Contracting Officer, which approval will be based upon environmental documentation, Project Water rights, and Project operational concerns. The Contracting Officer will address such concerns in regulations, policies, or guidelines.
(e) The Contractor, through this Contract, shall comply with requirements applicable to the Contractor in biological opinion(s) prepared as a result of the consultation regarding the execution of the Existing Contract undertaken pursuant to Section 7 of the Endangered Species Act of 1973, as amended, as well as the requirements of any other biological opinions applicable to Project Water delivery under this Contract,that are within the 15 Contract No. 14-06-200-890 1 D
328 Contractor's legal authority to implement. The Existing Contract, which evidences in excess of 329 44 years of diversions for M&I purposes of the quantities of water provided in subdivisions (a) 330 of Article 3 of this Contract, will be considered in developing an appropriate baseline for the 331 biological assessment(s) prepared pursuant to the ESA, and any other needed environmental 332 review. The Contractor shall comply with the limitations or requirements imposed by 333 environmental documentation applicable to the Contractor and within its legal authority to 334 implement regarding specific activities. Nothing herein shall be construed to prevent the 335 Contractor from challenging or seeking judicial relief in a court of competent jurisdiction with 336 respect to any biological opinion or other environmental documentation referred to in this Article 337 of this Contract.
338 (f) Subject to subdivisions (l) and (n) of this Article of this Contract, 339 following the declaration of Water Made Available under Article 4 of this Contract, the 340 Contracting Officer will make a determination whether Project Water, or other water available to 341 the Project, can be made available to the Contractor in addition to the Conhact Total in this 342 Article of this Contract during the Year without adversely impacting the Project or other Project 343 Contractors and consistent with the Secretary's legal obligations. At the request of the 344 Contractor, the Contracting Officer will consult with the Contractor prior to making such a 345 determination. Subject to subdivisions (l) and (n) of this Article of this Contract, if the 346 Contracting Offrcer determines that Project Water, or other water available to the Project, can be 347 made available to the Contractor, the Contracting Officer will announce the availability of such 348 water and shall so notify the Contractor as soon as practical. The Contracting Officer will 349 thereafter meet with the Contractor and other Project Contractors capable of taking such water to T6
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determine the most equitable and efficient allocation of such water. If the Contractor requests the delivery of any quantity of such water, the Contracting Officer shall make such water available to the Contractor in accordance with applicable statutes, regulations, guidelines, and policies.
(g) The Contractor may request permission to reschedule for use during the subsequent Year some or all of the Water Made Available to the Contractor during the current Year referred to as
o'carryover.o' The Contractor may request permission to use during the current Year a quantity of Project Water which may be made available by the United States to the Contractor during the subsequent Year referred to as 'opre-use.'o The Contracting Officer's written approval may permit such uses in accordance with applicable statutes, regulations, guidelines, and policies.
(h) The Contractor's right pursuant to Federal Reclamation law and applicable State law to the reasonable and beneficial use of the Water Delivered pursuant to this Contract shall not be disturbed so long as the Contractor shall fulfill all of its obligations under this Contract. Nothing in the preceding sentence shall affect the Contracting Officer's ability to impose shortages under Article 12 or subdivision (b) of Article 13 of this Contract. (i) Project Water furnished to the Contractor pursuant to this Contract may be delivered for purposes other than those described in subdivisions (r) and (u) of Article 1 of this Contract upon written approval by the'Contracting Officer in accordance with the terms and conditions of such approval.

C) The Contracting Officer shall make reasonable efforts to protect the water rights and other rights described in the fifth (5th) Explanatory Recital of this Contract and to t7
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provide the water available under this Contract. The Contracting Officer shall not object to participation by the Contractor, in the capacity and to the extent permitted by law, in administrative proceedings related to the water rights and other rights described in the fifth (5th) Explanatory Recital of this Contract; Provided however, That the Contracting Officer retains the right to object to the substance of the Contractor's position in such a proceeding. Provided further, that in such proceedings the Contracting Officer shall recognize the Contractor has a legal right under the terms of this Contract to use Project Water. (k) Project Water furnished to the Contractor during any month designated in a schedule or revised schedule submitted by the Contractor and approved by the Contracting Officer shall be deemed to have been accepted by the Contractor as Class I Water to the extent that Class I Water is called for in such schedule for such month and shall be deemed to have been accepted as Class 2 Water to the extent Class 2 Water is called for in such schedule for such month. If in any month the Contractor diverts a quantity of water in addition to the total amount of Class I Water and Class 2Water set forth in the Contractor's approved schedule or revised schedule for such month, such additional diversions shall be charged first against the Contractor's remaining Class 2 Water supply available in the current Year. To the extent the Contractor's remaining Class 2 Water supply available in the current Year is not sufficient to account for such additional diversions, such additional diversions shall be charged against the Contractor's remaining Class I Water supply available in the current Year. To the extent the Contractor's remaining Class I Water and Class 2WaIer supplies available in the current Year are not sufficient to account for such additional diversions. such additional diversions shall be charged first against the Contractor's available Class 2Water supply and then against the l8
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Contractor's available Class I Water supply, both for the following Year. Payment for all additional diversions of water shall be made in accordance with Article 7 of this Contract. 0) If the Contracting Officer determines there is a Project Water supply available at Friant Dam as the result of an unusually large water supply not otherwise storable for Project purposes or infrequent and otherwise unmanaged flood flows of short duration, such water will be made available to the Contractor and others under Section 215 of the Act of October 12,lg82,pursuant to the priorities specified below if the Contractor enters into a temporary contract with the United States not to exceed one (1) year for the delivery of such water or as otherwise provided for in Federal Reclamation law and associated regulations. Such water may be identified by the Contractor either (i) as additional water to supplement the supply of Class 1 Water and/or Class 2 Water made available to it pursuant to this Contract or, (ii) upon written notification to the Contracting Officer, as water to be credited against the Contractor's Class 2 Water supply available pursuant to this Contract. The Contracting Officer shall make water determined to be available pursuant to this subsection according to the following priorities:
first, to contractors for Class I Water and/or Class 2 Water within the Friant Division; second, to contractors in the Cross Valley Division of the Project. The Contracting Officer will consider requests from other parties for Section 215 Water for use within the area identified as the Friant Division service area in the environmental assessment developed in connection with the execution of the Existing Contract.
(m) Nothing in this Contract, nor any action or inaction of the Contractor or Contracting Officer in connection with the implementation of this Contract, is intended to t9
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override, modiff, supersede or otherwise interfere with any term or condition of the water rights and other rights referred in the fifth (5th) Explanatory Recital of this Contract. (n) The rights of the Contractor under this Contract are subject to the terms of the contract for exchange waters, dated July 27,1939, between the United States and the San Joaquin and Kings River Canal and Inigation Company, Incorporated, et al., (hereinafter referred to as the Exchange Contractors), Contract No. I1r-1 I44, as amended. The United States agrees that it will not deliver to the Exchange Contractors thereunder waters of the San Joaquin River unless and until required by the terms of said contract, and the United States further agrees that it will not voluntarily and knowingly determine itself unable to deliver to the Exchange Contractors entitled thereto from water that is available or that may become available to it from the Sacramento River and its tributaries or the Sacramento-San Joaquin Delta those quantities required to satisff the obligations of the United States under said Exchange Contract and under Schedule 2 of the Contract for Purchase of Miller and Lux Water Rights (Contract llr-1145, datedJuly 27,Ig3g).
(o) Pursuant to and consistent with section 10004 of SJRRSA and Paragraph 16 of the Settlement, the Contracting Officer is required to develop and implement a plan for recirculation, recapture, reuse, exchange or transfer of water released for restoration flows or interim flows, as those terms are defined in the Settlement, to reduce or avoid impacts to water deliveries caused by said restoration flows or interim flows and water developed through such activities may be made available (i) to the Contractor without the need of an additional contract, and/or (ii) to others on behalf of the Contractor under terms mutually acceptable to the Contractor and the Contracting Officer that are consistent with the Water Management Goal. 20 Contract No. 14-06-200-890 lD
437 TIME FOR DELIVERY OF WATER
438 4. (a) On or about February 20 of each Calendar Year, the Contracting Officer 439 shall announce the Contracting Officer's initial declaration of the Water Made Available. The 440 declaration will be updated monthly and more frequently if necessary, based on then-current 44I operational and hydrologic conditions and a new declaration with changes, if any, to the Water 442 Made Available will be made. The Contracting Officer shall provide forecasts of Project 443 operations and the basis of the estimate, with relevant supporting information, upon the written 444 request of the Contractor. Concurrently with the declaration of the Water Made Available, the 445 Contracting Officer shall provide the Contractor with the updated Long Term Historic Average. 446 The declaration of Project operations will be expressed in terms of both Water Made Available 447 and the Long Term Historic Average.
448 (b) On or before each March I and at such other times as necessary, the 449 Contractor shall submit to the Contracting Officer a written schedule, satisfactory to the 450 Contracting Officer, showing the monthly quantities of Project Water to be delivered by the 45I United States to the Contractor pursuant to this Contract for the Year commencing on sirch 452 March 1. The Contracting Officer shall use all reasonable means to deliver Project Water 453 according to the approved schedule for the Year commencing on such March 1. 454 (c) The Contractor shall not schedule Project Water in excess of the quantity 455 of Project Water the Contractor intends to put to reasonable and beneficial use within the 456 Contractor's Service Area, or to sell, transfer or exchange pursuant to Article 10 of this Contract 457 or bank pursuant to subdivision (d) of Article 3 of this Contract during any Year. 2l
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(d) Subject to the conditions set forth in subdivision (a) of Article 3 of this Contract, the United States shall deliver Project Water to the Contractor in accordance with the initial schedule submitted by the Contractor pursuant to subdivision (b) of this Article, or any written revision(s), satisfactory to the Contracting Offrcer, thereto submitted within a reasonable time prior to the date(s) on which the requested change(s) is/are to be implemented; Provided, That the total amount of water requested in that schedule or revision does not exceed the quantities announced by the Contracting Officer pursuant to the provisions of subdivision (a) of Article 3 of this Contract, and the Contracting Offrcer determines that there will be sufficient capacity available in the appropriate Friant Division Facilities to deliver the water in accordance with that schedule; Provided further, That the Contractor shall not schedule the delivery of any water during any period as to which the Contractor is notified by the Contracting Officer or Operating Non-Federal Entity that Project facilities required to make deliveries to the Contractor will not be in operation because of scheduled O&M.
(e) The Contractor may, during the period from and including November 1 of each Year through and including the last day of February of that Year, request delivery of any amount of the Class 1 Water estimated by the Contracting Officer to be made available to it during the following Year. The Contractor may, during the period from and including January 1 of each Year (or such earlier date as may be determined by the Contracting Offrcer) through and including the last day of February of that Year, request delivery of any amount of Class 2Water estimated by the Contracting Officer to be made available to it during the following Year. Such water shall hereinafter be referred to as pre-use water. Such request must be submitted in writing by the Contractor for a specified quantity of pre-use and shall be subject to the approval of the 22 480
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Contracting Officer. Payment for pre-use water so requested shall be at the appropriate Rate(s) for the following Year in accordance with Article 7 of this Contract and shall be made in advance of delivery of any pre-use water. The Contracting Officer shall deliver such pre-use water in accordance with a schedule or any revision thereof submitted by the Contractor and approved by the Contracting Officer, to the extent such water is available and to the extent such deliveries will not interfere with the delivery of Project Water entitlements to other Friant Division contractors or the physical maintenance of the Project facilities. The quantities of pre-use Water Delivered pursuant to this subdivision shall be deducted from the quantities of water that the Contracting Officer would otherwise be obligated to make available to the Contractor during the following Year; Provided, That the quantity of pre-use water to be deducted from the quantities of either Class I Water or Class 2 Water to be made available to the Contractor in the following Year shall be specified by the Contractor at the time the pre-use water is requested or as revised in its first schedule for the following Year submitted in accordance with subdivision (b) of this Article of this Contract, based on the availability of the following Year water supplies as determined by the Contracting Officer.

POINT OF DIVERSION AND RESPONSIBILITY FOR DISTRIBUTION OF WATER

5. (a) Project Water scheduled pursuant to subdivision (b) of Article 4 of this Contract shall be delivered to the Contractor at a point or points of delivery either on Project facilities or another location or locations mutually agreed to in writing by the Conffacting Officer and the Contractor.
(b) The Contracting Officer, the Operating Non-Federal Entity, or other appropriate entity shall make all reasonable efforts to maintain sufficient flows and levels of 23 502
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water in the Friant-Kern Canal to deliver Project Water to the Contractor at specific turnouts established pursuant to subdivision (a) of this Article of this Contract. (c) The Contractor shall not deliver Project Water to land outside the Contractor's Service Area unless approved in advance by the Contracting Offrcer. Until complete payment of the Repayment Obligation by the Contractor, and notwithstanding any Additional Capital Obligation that may later be established, the Contractor shall deliver Project Water in accordance with applicable Full Cost pricing provisions of Federal Reclamation law. (d) All Water Delivered to the Contractor pursuant to this Contract shall be measured and recorded with equipment furnished, installed, operated, and maintained by the United States, the Operating Non-Federal Entity or other appropriate entity as designated by the Contracting Off,rcer (hereafter "other appropriate entity") at the point or points of delivery established pursuant to subdivision (a) of this Article of this Contract. Upon the request of either party to this Contract, the Contracting Officer shall investigate, or cause to be investigated by the responsible Operating Non-Federal Entity, the accuracy of such measurements and shall take any necessary steps to adjust any erors appearing therein. For any period of time when accurate measurements have not been made, the Contracting Officer shall consult with the Contractor and the responsible Operating Non-Federal Entity prior to making a final determination of the quantrty delivered for that period of time.
(e) Neither the Contracting Officer nor any Operating Non-Federal Entity shall be responsible for the control, cariage, handling, use, disposal, or distribution of Project Water Delivered to the Contractor pursuant to this Contract beyond the delivery points specified in subdivision (a) of this Article of this Contract. The Contractor shall indemniff the United 24 s24
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States, its officers, employees, agents, and assigns on account of damage or claim of damage of any nature whatsoever for which there is legal responsibility, including property damage, personal injury, or death arising out of or connected with the control, cartiage, handling, use, disposal, or distribution of such Project Water beyond such delivery points, except for any damage or claim arising out of: (i) acts or omissions of the Contracting Officer or any of its officers, employees, agents, or assigns, including any responsible Operating Non-Federal Entity, with the intent of creating the situation resulting in any damage or claim; (ii) willful misconduct of the Contracting Officer or any of its officers, employees, agents, or assigns, including any responsible Operating Non-Federal Entity; (iii) negligence of the Contracting Officer or any of its officers, employees, agents, or assigns including any responsible Operating Non-Federal Entity; or (iv) damage or claims resulting from a malfunction of facilities owned and/or operated by the United States or responsible Operating Non-Federal Entity; Provided, That the Contractor is not the Operating Non-Federal Entity that owned or operated the malfunctioning facility(ies) from which the damage claim arose.

MEASUREMENT OF WATER WITHIN THE SERVICE AREA

6. (a) The Contractor has established a measurement program satisfactory to the Contracting Officer and all surface water delivered for M&I purposes within the Contractor's Service Area is measured at each M&I service connection. The water measuring devices or water measuring methods of comparable effectiveness must be acceptable to the Contracting Officer. The Contractor shall be responsible for installing, operating, and maintaining and repairing all such measuring devices and implementing all such water measuring methods at no cost to the United States. The Contracting Officer acknowledges that the Contractor has a 25 s46
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metering plan (Exhibit "F") setting forth the milestones and schedule that the Contractor will implement to comply with the requirements of this Article. The Contractor shall provide an annual written report to the Contracting Officer describing the Contractor's metering plan implementation progress. The Contractor shall use the information obtained from such water measuring devices or water measuring methods to ensure its proper management of the water, to bill water users for water delivered by the Contractor; and, if applicable, to record water delivered for M&I purposes by customer class as defined in the Contractor's water conservation plan provided for in Article 27 of this Contract. Nothing herein contained, however, shall preclude the Contractor from establishing and collecting any charges, assessments, or other revenues authorized by California law.
(b) To the extent the information has not otherwise been provided, upon execution of this Contract, the Contractor shall provide to the Contracting Officer a written report describing the measurement devices or water measuring methods being used or to be used to implement subdivision (a) of this Article of this Contract and identifuing the M&I service connections or alternative measurement programs approved by the Contracting Officer, at which such measurement devices or water measuring methods are being used, and, if applicable, identiffing the locations at which such devices and/or methods are not yet being used including a time schedule for implementation at such locations. The Contracting Officer shall advise the Contractor in writing within sixty (60) days as to the adequacy of, and necessary modifications, if any, of the measuring devices or water measuring methods identified in the Contractor's report and if the Contracting Officer does not respond in such time, they shall be deemed adequate. If the Contracting Officer notifies the Contractor that the measuring devices or methods are 26 568
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inadequate, the parties shall within sixty (60) days following the Contracting Officer's response, negotiate in good faith the earliest practicable date by which the Contractor shall modiS said measuring devices and/or measuring methods as required by the Contracting Officer to ensure compliance with subdivision (a) of this Article of this Contract. (c) All new surface water delivery systems installed within the Contractor's Service Area after the effective date of this Contract shall also comply with the measurement provisions described in subdivision (a) of this Article of this Contract. (d) The Contractor shall inform the Contracting Officer and the State of California in writing by April30 of each Year of the monthly volume of surface water delivered within the Contractor's Service Area during the previous Year. (e) The Contractor shall inform the Contracting Officer and the Operating Non-Federal Entity on or before the twentieth (20ft) calendar day of each month of the quantity of M&I Water taken during the preceding month.
(f) In the event the provisions of subdivision (a) of this Article that relate to metering are challenged in a judicial proceeding, the parties agree to meet and confer promptly and as often as necessary to employ their reasonable best efforts to coordinate a response to the challenge and, as appropriate, develop revisions to this Contract.

RATES. METHOD OF PAYMENT FOR WATER.

AND ACCELERATED REPAYMENT OF FACILITIES

7. (a) The Contractor's cost obligations for all Delivered Water shall be determined in accordance with: (i) the Secretary's ratesetting policy for Irrigation Water adopted in 1988 and the Secretary's then-existing ratesetting policy for M&I Water, consistent with the 27 Contract No. l4-06-200-890 1D
590 SJRRSA, and such ratesetting policies shall be amended, modified, or superseded only through a 591 public notice and comment procedure; (ii) applicable Federal Reclamation law and associated 592 rules and regulations, or policies; and (iii) other applicable provisions of this Contract. 593 (1) The Contractor shall pay the United States as provided for in this 594 Article of this Contract for the Delivered Water at Rates and Charges determined in accordance 595 with policies for Irrigation Water and M&I Water. The Conhactor's Rates shall be established to 596 recover its estimated reimbursable costs included in the O&M component of the Rate and 597 amounts established to recover other charges and deficits, other than the construction costs. The 598 Rates for O&M costs and Charges shall be adjusted, as appropriate, in accordance with the 599 provisions of the SJRRSA.
600 (2) In accordance with the SJRRSA, the Contractor's allocable share 601 of Project construction costs will be repaid pursuant to the provisions of this Contract. 602 (A) The amount due and payable to the United States, pursuant 603 to the SJRRSA, shall be the Repayment Obligation. The Repayment Obligation has been 604 computed by the Contracting Officer in a manner consistent with the SJRRSA and is set forth as 605 a lump sum payment which amounts together with the manner in which such amounts were 606 calculated are set forth in Exhibit "C-1". The Repayment Obligation is due in lump sum by 607 January 3I,2014 as provided by the SJRRSA. Notwithstanding any Additional Capital 608 Obligation that may later be established, receipt of the Contractor's payment of the Repayment 609 Obligation by the United States shall fully and permanently satis$ the Existing Capital 610 Obligation.
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(B) Project construction costs or other capitalized costs attributable to capital additions to the Project incurred after the effective date of this Contract or that arc not reflected in the schedule referenced in Exhibit "C-1" and properly assignable to the Contractor, shall be repaid as prescribed by the SJRRSA without interest except as required by law. Consistent with Federal Reclamation law, interest shall continue to accrue on the M&I portion of unpaid Project construction costs or other capitalized cost assigned to the Contractor until such costs are paid. Increases or decreases in Project construction costs or other capitalized costs assigned to the Contractor caused solely by annual adjustment of Project construction costs or other capitalizedcosts assigned to each Central Valley Project contractor by the Secretary shall not be considered in determining the amounts to be paid pursuant to this subdivision (a)(2)(B), but will be considered under subdivision (b) of this Article. A separate repayment agreement shall be established by the Contractor and the Contracting Officer to accomplish repayment of all additional Project construction costs or other capitalized costs assigned to the Contractor within the timeframe prescribed by the SJRRSA subject to the following:
(1) If the collective annual Project construction costs or other capitalized costs that are incurred after the effective date of this Contract and properly assignable to the contractors are less than $5,000,000, then the portion of such costs properly assignable to the Contractor shall be repaid in not more than five (5) years after notification of the allocation. This amount is the result of a collective annual allocation of Project construction costs to the contractors exercising contract conversions; Provided. That the reference to the amount of $5,000,000 shall not be a precedent in any other context. 29 632
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(2) If the collective annual Project construction costs or other capitalized costs that areincurred after the effective date of this Contract and properly assignable to the contractors are $5,000,000 or greater,then the portion of such costs properly assignable to the Contractor shall be repaid as provided by applicable Federal Reclamation law.

This amount is the result of a collective annual allocation of Project construction costs to the contractors exercising contract conversions; Provided. That the reference to the amount of $5,000,000 shall not be a precedent in any other context. (b) Consistent with Section 10010(b) of the SJRRSA, following a final cost allocation by the Secretary upon completion of the construction of the Central Valley Project, the amounts paid by the Contractor shall be subject to adjustment to reflect the effect of any reallocation of Project construction costs or other capitalized costs assigned to the Contractor that may have occurred between the determination of Contractor's ExistingCapital Obligation and the final cost allocation. In the event that the final cost allocation, as determined by the Secretary, indicates that the costs properly assignable to the Contractor, as determined by the Contracting Officer, are greater than the Existing CapitalObligation and other amounts of Project construction costs or other capitalizedcosts paid by the Contractor, then the Contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be no less than one (1) year and no more than ten (10) years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation, as determined by the Secretary, indicates that the costs properly assignable to the Contractor, as determined by the Contracting Officer, are less than the Existing Capital Obligation and other amounts of Project construction costs or other 30 Contract No. 14-06-200-890 1 D
654 capitalizedcosts paid by the Contractor, then the Contracting Officer shall credit such 655 overpayment as an offset against any outstanding or future obligation of the Contractor, 656 consistent with the SJRRSA. This Contract shall be implemented in a manner consistent with 657 Section 10010(f) of the SJRRSA.
658 (c) Prior to July I of each Calendar Year, the Contracting Officer shall 659 provide the Contractor an estimate of the Charges for Project Water that will be applied to the 660 period October 1, of the current Calendar Year, through September 30, of the following Calendar 661 Year, and the basis for such estimate. The Contractor shall be allowed not less than two (2) 662 months to review and comment on such estimates. On or before September 15 of each Calendar 663 Year, the Contracting Officer shall notiff the Conhactor in writing of the Charges to be in effect 664 during the period October I of the current Calendar Year, through September 30 of the following 665 Calendar Year, and such notification shall revise Exhibit ooB". Charges shall be subject to 666 reduction consistent with the SJRRSA based upon the average annual delivery amount agreed to 667 by the Contracting Officer and the Contractor.
663 (1) Upon complete payment of the Repayment Obligation by the 669 Contractor, and notwithstanding any Additional Capital Obligation that may later be established, 670 for the years 2020 through 2039 inclusive, Charges shall reflect the reduction on a per acre-foot 671 basis consistent with Section 10010(d)(1) of the SJRRSA. Exhibit "D" sets forth the reduction in 672 Charges to offset the Financing Costs as prescribed in Section 10010(dX1) of the SJRRSA; 673 Provided, That if the Secretary determines such Charges are otherwise needed, an equivalent 674 reduction will be made to O&M costs consistent with such provisions of the SJRRSA. 675 Consistent with Section 10010(d)(1) of the SJRRSA and as shown in Exhibit "D", the Friant 3l
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676 Surcharge reduction has been calculated based upon the anticipated average annual water 677 deliveries, for the purpose of this reduction only, mutually agreed upon by the Secretary and the 678 Contractor for the period from January 1,2020 through December 31,2039. The Friant 679 Surcharge reduction shall remain fixed and shall only be applied to Water Delivered pursuant to 680 this Contract to which the Friant Surcharge applies (including but not limited to water 681 transferred, banked, or exchanged), commencing on January 1,2020 until such volume of Water 682 Delivered equals 1,020,000 acre-feet or December 31, 2039, whichever occurs first. 683 (2) Further, to fully offset the Financing Costs, Contractor shall be 684 entitled to a reduction in other outstanding or future obligations of the Contractor in accordance 685 with Section 10010(d)(2) of the SJRRSA. The amount of such further reduction in outstanding 686 or future obligations of the Contractor after Octob er l, 20L9 has been computed by the 687 Contracting Officer, and as computed, such amount is set forth in Exhibit "D". 688 (d) Prior to October I of each Calendar Year, the Contracting Officer shall 689 make available to the Contractor an estimate of the Rates and Tiered Pricing Component for 690 Project Water for the following Year and the computations and cost allocations upon which those 69I Rates are based. The Contractor shall be allowed not less than two (2) months to review and 692 comment on zuch computations and cost allocations. By December 31 of each Calendar Year, 693 the Contracting Officer shall provide the Contractor with the final Rates and Tiered Pricing 694 Component to be in effect for the upcoming Year, and such notification shall revise Exhibit "B". 695 The O&M component of the Rate may be reduced as provided in the SJRRSA. 696 (e) At the time the Contractor submits the initial schedule for the delivery of 697 Project Water for each Year pursuant to subdivision (b) of Article 4 of this Contract, the 32 698
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Contractor shall make an advance payment to the United States equal to the total amount payable pursuant to the applicable Rate(s) set under subdivision (a) of this Article of this Contract, for the Project Water scheduled to be delivered pursuant to this Contract during the first two (2) calendar months of the Year. Before the end of the first month and before the end oflach calendar month thereafter, the Contractor shall make an advance payment to the United States, at the Rate(s) set under subdivision (a) of this Article of this Contract, for the Water Scheduled to be delivered pursuant to this Contract during the second month immediately following.

Adjustments between advance payments for Water Scheduled and payments at Rates due for Water Delivered shall be made before the end of the following month; Provided, That any revised schedule submitted by the Contractor pursuant to Article 4 of this Contract which increases the amount of Water Delivered pursuant to this Contract during any month shall be accompanied with appropriate advance payment, at the Rates then in effect, to assure that Project Water is not delivered to the Contractor in advance of such payment. In any month in which the quantity of Water Delivered to the Contractor pursuant to this Contract equals the quantity of Water Scheduled and paid for by the Contractor, no additional Project Water shall be delivered to the Contractor unless and until an advance payment at the Rates then in effect for such additional Project Water is made. Final adjustment between the advance payments for the Water Scheduled and payments for the quantities of Water Delivered during each Year pursuant to this Contract shall be made as soon as practicable but no later than April30th of the following Year, or sixty (60) days after the delivery of Project Water carried over under subdivision (g) of Article 3 of this Contract if such water is not delivered bv the last day of February. aaJJ
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(f) The Contractor shall also make a payment in addition to the Rate(s) in subdivision (e) of this Article of this Contract to the United States for Water Delivered, at the Charges and the appropriate Tiered Pricing Component then in effect, before the end of the month following the month of delivery; Provided. That the Contractor may be granted an exception from the Tiered Pricing Component pursuant to subdivision (1)(2) of this Article of this Contract. The payments shall be consistent with the quantities of Irrigation Water and M&I Water Delivered as shown in the water delivery report for the subject month prepared by the Contracting Officer. Such water delivery report shall be the basis for payment of Charges and Tiered Pricing Components by the Contractor, and shall be provided to the Contractor by the Contracting Officer (as applicable) within five (5) days after the end of the month of delivery.

The water delivery report shall be deemed a bill basis for payment of Charges and the applicable Tiered Pricing Component for Water Delivered. Adjustment for overpayment or underpayment of Charges shall be made through the adjustment of payments due to the United States for Charges for the next month. Any amount to be paid for past due payment of Charges shall be computed pursuant to Article 21 of this Contract.
(g) The Contractor shall pay for any Water Delivered under subdivision (d), (0, or (g) of Article 3 of this Contract as determined by the Contracting Officer pursuant to applicable statutes, associated regulations, any applicable provisions of guidelines or ratesetting policies; Provided, That the Rate for Water Delivered under subdivision (d) of Article 3 of this Contract shall be no more than the otherwise applicable Rate for Irrigation Water or M&I Water under subdivision (a) of this Article of this Contract. 34 740
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(h) Payments to be made by the Contractor to the United States under this Contract may be paid from any revenues available to the Contractor. (i) All revenues received by the United States from the Contractor relating to the delivery of Project Water or the delivery of non-project water through Project facilities shall be allocated and applied in accordance with Federal Reclamation law and the associated rules or regulations, the then-existing Project Ratesetting policies for M&I Water and consistent with the SJRRSA.
() The Contracting Officer shall keep its accounts, pertaining to the administration of the financial terms and conditions of its long-term contracts, in accordance with applicable Federal standards so as to reflect the application of f-3rct costs and revenues.

The Contracting Officer shall, each Year upon request of the Contractor, provide to the Contractor a detailed accounting of all Project and Contractor expense allocations, the disposition of all Project and Contractor revenues, and a summary of all water delivery information. The Contracting Officer and the Contractor shall enter into good faith negotiations to resolve any discrepancies or disputes relating to accountings, reports, or information. (k) The parties acknowledge and agree that the efficient administration of this Contract is their mutual goal. Recognizingthat experience has demonstrated that mechanisms, policies, and procedures used for establishing Rates, Charges, Tiered Pricing Components, and/or for making and allocating payments, other than those set forth in this Article of this Contract, may be in the mutual best interest of the parties, it is expressly agreed that the parties may enter into agreements to modiff the mechanisms, policies, and procedures for any of those purposes while this Contract is in effect without amending this Contract. 35 762
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0) (l) Beginning at such time as the total of the deliveries of Class I Water and Class 2Water in a Year exceed eighty (80) percent of the Contract Total, then before the end of the month following the month of delivery the Contractor shall make an additional payment to the United States equal to the applicable Tiered Pricing Component. The Tiered Pricing Component for the total of the deliveries of Class I Water and Class 2Water in excess of eighty (80) percent of the Contract Total, but less than or equal to ninety (90) percent of the Contract Total, shall equal the one-half of the difference between the Rate established under subdivision (a) of this Article of this Contract and the Irrigation Full Cost Water Rate, or M&I Full Cost Water Rate, whichever is applicable. The Tiered Pricing Component for the total of the deliveries of Class I Water and Class 2Water which exceeds ninety (90) percent of the Contract Total shall equal the difference between (i) the Rate established under subdivision (a) of this Article of this Contract and (ii) the Irrigation Full Cost Water Rate or M&I Full Cost Water Rate, whichever is applicable.
(2) Omitted.
(3) For purposes of determining the applicability of the Tiered Pricing Components pursuant to this Article of this Contract, Water Delivered shall include Project Water that the Contractor transfers to others but shall not include Project Water transferred and delivered to the Contractor.
(m) Rates under the respective ratesetting policies will be established to recover only reimbursable O&M (including any deficits) costs of the Project, as those terms are used in the then-existing Project ratesetting policies, and consistent with the SJRRSA, and interest, where appropriate, except in instances where a minimum Rate is applicable in 36 Contract No. 14-06-200-8901D
784 accordance with the relevant Project ratesetting policy. Changes of significance in practices 785 which implement the Contracting Officer's ratesetting policies will not be implemented until the 786 Contracting Officer has provided the Contractor an opportunity to discuss the nature, need, and 787 impact of the proposed change.
788 (n) Except as provided in subsections 3405(a)(1)(B) and 3405(0 of the 789 CVPIA, the Rates for Project Water transferred by the Contractor shall be the Contractor's Rates 790 adjusted upward or downward to reflect the changed costs of delivery (if any) incuned by the 79I Contracting Officer in the delivery of the transferred Project Water to the transferee's point of 792 delivery in accordance with the then-existing Central Valley Project Ratesetting Policy. 793 NON-INTEREST BEARING OPERATION AND MAINTENANCE DEFICITS 794 8. Omitted.
795 RECOVERED WATER ACCOUNT
796 9. (a) Notwithstanding any other provisions of this Contract, water delivered to 797 the Contractor under its Recovered Water Account as provided atParagraph 16(b) of the 798 Settlement and affirmed by Section 10004(a)(5) of the SJRRSA shall be at the total cost of 799 $10.00 per acre foot. Recovered Water Account water provided to the Contractor shall be 800 administered at a prioriry for delivery lower than Class 2Water and higher than Section2l5 801 Water.
802 (b) The manner in which the Recovered Water Account will be administered 803 will be developed in accordance with subdivision (k) of Article 7 of this Contract, the SJRRSA, 804 and Paragraph 16 of the Settlement.
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SALES. TRANSFERS. AND EXCHANGES OF WATER

APPLICATION OF PAYMENTS AND ADruSTMENTS
I l. (a) The amount of any overpayment by the Contractor of the Contractor's O&M, Capital, and deficit (if any) obligations for the Year shall be applied first to any current liabilities of the Contractor arising out of this Contract then due and payable. Overpayments of more than One Thousand Dollars ($1,000) shall be refunded at the Contractor's request. In lieu of a refund, any amount of such overpayment, at the option of the Contractor, may be credited (3)
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against amounts to become due to the United States by the Contractor. With respect to overpayment, such refund or adjustment shall constitute the sole remedy of the Contractor or anyone having or claiming to have the right to the use of any of the Project Water supply provided for herein. All credits and refunds of overpayments shall be made within thirty (30) days of the Contracting Officer obtaining direction as to how to credit or refund such overpayment in response to the notice to the Contractor that it has finalized the accounts for the Year in which the overpayment was made.
(b) All advances for miscellaneous costs incurred for work requested by the Contractor pursuant to Article 26 of this Contract shall be adjusted to reflect the actual costs when the work has been completed. If the advances exceed the actual costs incurred, the difference will be refunded to the Contractor. If the actual costs exceed the Contractor's advances, the Contractor will be billed for the additional costs pursuant to Article 26 of this Contract.

TEMPORARY REDUCTIONS-RETURN FLOWS

12. (a) The Contracting Officer shall make all reasonable efforts to optimize delivery of the Contract Total subject to: (i) the authorized purposes and priorities of the Project; (ii) the requirements of Federal law and the Settlement; and (iii) the obligations of the United States under existing contracts, or renewals thereof, providing for water deliveries from the Project.
(b) The Contracting Officer or Operating Non-Federal Entity may temporarily discontinue or reduce the quantity of Water Delivered to the Contractor as herein provided for the purposes of investigation, inspection, maintenance, repair, or replacement of any of the 42 Contract No. 14-06-200-890 1D
913 Project facilities or any part thereof necessary for the delivery of Project Water to the Contractor, 914 but so far as feasible the Contracting Off,rcer or Operating Non-Federal Entity will give the 915 Contractor due notice in advance of such temporary discontinuance or reduction, except in case 916 of emergency, in which case no notice need be given; Provided, That the United States shall use 917 its best efforts to avoid any discontinuance or reduction in such service. Upon resumption of 918 service after such reduction or discontinuance, and if requested by the Contractor, the United 919 States will, if possible, deliver the quantity of Project Water which would have been delivered 920 hereunder in the absence ofsuch discontinuance or reduction. 921 (c) The United States reserves the right to all seepage and return flow water 922 derived from Water Delivered to the Contractor hereunder which escapes or is discharged 923 beyond the Contractor's Service Area; Provided, That this shall not be construed as claiming for 924 the United States any right as seepage or return flow to water being used pursuant to this 925 Contract for surface irrigation or underground storage either being put to reasonable and 926 beneficial use pursuant to this Contract within the Contractor's Service Area by the Contractor or 927 those claiming by, through, or under the Contractor. For purposes of this subdivision, 928 groundwater recharge, groundwater banking and all similar groundwater activities will be 929 deemed to be underground storage.
930 CONSTRAINTS ON THE AVAILABILITY OF WATER
931 13. (a) In its operation of the Project, the Contracting Off,rcer will use all 932 reasonable means to guard against a Condition of Shortage in the quantity of water to be made 933 available to the Contractor pursuant to this Contract. In the event the Contracting Officer 43 934
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determines that a Condition of Shortage appears probable, the Contracting Officer will notifu the Contractor of said determination as soon as practicable. (b) If there is a Condition of Shortage because of errors in physical operations of the Project, drought, other physical causes beyond the control of the Contracting Officer or actions taken by the Contracting Officer to meet legal obligations, including but not limited to obligations pursuant to the Settlement then, except as provided in Article 19 of this Contract, no liability shall accrue against the United States or any of its officers, agents, or employees for any damage, direct or indirect, arising therefrom.
(c) The United States shall not execute contracts which together with this Contract, shall in the aggregate provide for furnishing Class 1 Water in excess of 800,000 acre-feet per Year or Class 2 Water in excess of 1,401,475 acre-feet per Year; Provided, That, subject to subdivision (l) of Article 3 of this Contract, the limitation placed on Class 2Water contracts shall not prohibit the United States from entering into temporary contracts of one year or less in duration for delivery of Project Water to other entities if such water is not necessary to meet the schedules as may be submitted by all Friant Division Project Contractors entitled to receive Class 1 Water and/or Class 2 Water under their contracts. Nothing in this subdivision shall limit the Contracting Officer's ability to take actions that result in the availability of new water supplies to be used for Project puposes and allocating such new supplies; Provided. That the Contracting Officer shall not take such actions until after consultation with the Friant Division Proj ect Contractors.
(d) The Contracting Officer shall not deliver any Class 2Water pursuant to this or anv other contract heretofore or hereafter entered into anv Year unless and until the 44 956
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Contracting Officer determines that the cumulative total quantity of Class 1 Water specified in subdivision (c) of this Article of this Contract will be available for delivery in said Year. If the Contracting Officer determines there is or will be a shortage in any Year in the quantity of Class I Water available for delivery, the Contracting Officer shall apportion the available Class I Water among all Contractors entitled to receive such water that will be made available at Friant Dam in accordance with the following:
(1) A determination shall be made of the total quantity of Class 1 Water at Friant Dam which is available for meeting Class 1 Water contractual commitments, the amount so determined being herein referred to as the available supply. (2) The total available Class I supply shall be divided by the Class I Water contractual commitments, the quotient thus obtained being herein referred to as the Class I apportionment coefficient.
(3) The total quantity of Class I Water under Article 3 of this Contract shall be multiplied by the Class I apportionment coefficient and the result shall be the quantity of Class 1 Water required to be delivered by the Contracting Officer to the Contractor for the respective Year, but in no event shall such amount exceed the total quantity of Class I Water specified in subdivision (a) of Article 3 of this Contract. (e) If the Contracting Officer determines there is less than the quantity of Class 2 Water which the Contractor otherwise would be entitled to receive pursuant to Article 3 of this Contract, the quantity of Class 2Water which shall be furnished to the Contractor by the Contracting Officer will be determined in the manner set forth rnparagraphs (1), (2), and (3), of 45 977
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subdivision (d) of this Article of this Contract substituting the term "Class 2" for the term "Class t;'
(f) In the event that in any Year there is made available to the Contractor, by reason of any shortage or apportionment as provided in subdivisions (a), (d), or (e) of this Article of this Contract, or any discontinuance or reduction of service as set forth in subdivision (b) of Article 12 of this Contract, less than the quantity of water which the Contractor otherwise would be entitled to receive hereunder, there shall be made an adjustment on account of the amounts already paid to the Contracting Officer by the Contractor for Class I Water and Class 2Water for said Year in accordance with Article l1 of this Contract.

UNAVOIDABLE GROUNDWATER PERCOLATION

14. Omitted.

ACREAGE LIMITATION

15. Omitted.

RULES. REGULATIONS. AND DETERMINATIONS

16. (a) The parties agree that the delivery of water or the use of Federal facilities pursuant to this Contract is subject to Federal Reclamation law, as amended and supplemented, and the rules and regulations promulgated by the Secretary of the Interior under Federal Reclamation law.
(b) The Contracting Officer shall have the right to make determinations necessary to administer this contract that are consistent with its provisions, the laws of the United States and the State of California, and the rules and regulations promulgated by the Secretary of the Interior. Such determinations shall be made in consultation with the Contractor. (c) The terms of this Contract are subject to the Settlement and the SJRRSA.

Nothing in this Contract shall be interpreted to limit or interfere with the full implementation of the Settlement and the SJRRSA.
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PROTECTION OF WATER AND AIR OUALITY

17. (a) Project facilities used to make available and deliver water to the Contractor shall be operated and maintained in the most practical marmer to maintain the quality of the water at the highest level possible as determined by the Contracting Officer: Provided.

That the United States does not warrant the quality of the water delivered to the Contractor and is under no obligation to furnish or construct water treatment facilities to maintain or improve the quality of water delivered to the Contractor.
(b) The Contractor shall comply with all applicable water 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 necessary for the delivery of water by the Contractor; and shall be responsible for compliance with all Federal, State, and local water quality standards applicable to surface and subsurface drainage and/or discharges generated through the use of Federal or Contractor facilities or project water provided by the Contractor within the Contractor's Project Water Service Area. (c) This article shall not affect or alter any legal obligations of the Secretary to provide drainage or other discharge services.

WATER ACOUIRED BY THE CONTRACTOR

OTHER THAN FROM THE TINITED STATES
Omitted.

Upon complete payment of the Repayment Obligation by the Contractor, and notrvithstanding any Additional Capital Obligation that may later be established, water or water rights now owned or hereafter acquired by the Contractor other than from the United States pursuant to this Contract and Irrigation Water furnished pursuant to the terms of this Contract may be simultaneously transported through the same distribution facilities of the Contractor without the payment of fees to the United States and without application of Federal Reclamation law to Water Delivered pursuant to this Contract or to lands which receive Water Delivered to Contractor pursuant to this Contract.

18. (a)
(b)
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(c) Water or water rights now owned or hereafter acquired by the Contractor, other than from the United States or adverse to the Project or its contractors (i.e., non-project water), may be stored, conveyed and/or diverted through Project facilities, other than Friant Division Facilities, subject to the completion of appropriate environmental documentation, with the approval of the Contracting Officer and the execution of any contract determined by the Contracting Officer to be necessary, consistent with the following provisions:
(l) The Contractor may introduce non-project water into Project facilities and deliver said water to lands within the Contractor's Service Area subject to payment to the United States and/or to any applicable Operating Non-Federal Entity of an appropriate rate as determined by the Contracting Officer. In addition, if electrical power is required to pump non-project water, the Contractor shall be responsible for obtaining the necessary power and paying the necessary charges therefor.
(2) Delivery of such non-project water in and through Project facilities shall only be allowed to the extent such deliveries do not: (i) interfere with other Project purposes as determined by the Contracting Officer; (ii) reduce the quantity or quality of water available to other Project Contractors; (iii) interfere with the delivery of contractual water entitlements to any other Project Contractors; (iv) interfere with the physical maintenance of the Project facilities; or (v) result in the United States incurring any liability or unreimbursed costs or expenses thereby.
(3) Neither the United States nor the Operating Non-Federal Entity shall be responsible for control, care or distribution of the non-project water before it is introduced into or after it is delivered from the Project facilities. The Contractor hereby releases 48 105 I
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and agrees to defend and indemnifu the United States and the Operating Non-Federal Entity, and their respective officers, agents, and employees, from any claim for damage to persons or property, direct or indirect, resulting from Contractor's diversion or extraction of non-project water from any source.
(4) Diversion of such non-project water into Project facilities shall be consistent with all applicable laws, and if involving groundwater, consistent with any groundwater management plan for the area from which it was extracted. (5) After Project purposes are met, as determined by the Contracting 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-proj ect contractors.
(d) Non-project water may be stored, conveyed and/or diverted through Friant Division Facilities, subject to the prior completion of appropriate environmental documentation and approval of the Contracting Officer without execution of a separate contract, consistent with subdivisions (c)(1) through (cX5) of this Article and any other condition determined to be appropriate by the Contracting Officer.

OPINIONS AND DETERMINATIONS

19. Where the terms of this Contract provide for actions to be based upon the opinion or determination of either party to this Contract, said terms shall not be construed as permitting such action to be predicated upon arbitrary, capricious, or unreasonable opinions or determinations. Both parties, notwithstanding any other provisions of this Contract, expressly 49 1073
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reserve the right to seek relief from and appropriate adjustment for any such arbitrary, capricious, or unreasonable opinion or determination. Each opinion or determination by either party shall be provided in a timely manner. Nothing in this Article of this Contract is intended to or shall affect or alter the standard ofjudicial review applicable under Federal law to any opinion or determination implementing a specific provision of Federal law ernbodied in statute or regulation.

COORDINATION AND COOPERATION

20. (a) In order to further their mutual goals and objectives, the Contracting Officer and the Contractor shall communicate, coordinate, and cooperate with each other, and with other affected Project Contractors, in order to improve the operation and management of the Project. The communication, coordination, and cooperation regarding operations and management shall include, but not limited to, any action which will or may materially affect the quantity or quality of Project Water supply, the allocation of Project Water supply, and Project financial matters including, but not limited to, budget issues. The communication, coordination, and cooperation provided for hereunder shall extend to all provisions of this Contract. Each party shall retain exclusive decision making authority for all actions, opinions, and determinations to be made by the respective party.
(b) It is the intent of the Secretary to improve water supply reliability. To carry out this intent:
(1) The Contracting Officer will, at the request of the Contractor, assist in the development of integrated resource management plans for the Contractor. Further, 50 1094
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the Contracting Officer will, as appropriate, seek authorizations for implementation of partnerships to improve water supply, water quality, and reliability. (2) The Secretary will, as appropriate, pursue program and project implementation and authorization in coordination with Project Contractors to improve the water supply, water quality, and reliability of the Project for all Project purposes. (3) The Secretary will coordinate with Project Contractors and the State of California to seek improved water resource management. (4) The Secretary will coordinate actions of agencies within the Department of the Interior that may impact the availability of water for Project purposes. (5) The Contracting Officer shall periodically, but not less than annually, hold division level meetings to discuss Project operations, division level water management activities, and other issues as appropriate. (c) Without limiting the contractual obligations of the Contracting Officer hereunder, nothing in this Contract shall be construed to limit or constrain the Contracting Officer's ability to communicate, coordinate, and cooperate with the Contractor or other interested stakeholders or to make decisions in a timely fashion as needed to protect health, safety, physical integrity of structures or facilities, or the Contracting Officer's ability to comply with applicable laws.

CHARGES FOR DELINOUENT PAYMENTS

21. (a) The Contractor shall be subject to interest, administrative and penalty charges 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 Conkactor 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 51 1119
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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.
(b) The interest charge rate shall be the greater ofthe rate prescribed quarterly in 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. (c) When apartialpayment on a delinquent account is received, the amount received shall be applied, first to the penalty, second to the administrative charges, third to the accrued interest, and finally to the overdue payment.

EOUAL EMPLOYMENT OPPORTUNITY

22. During the performance of this Contract, the Contractor agtees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, 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, disability, 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 pay 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.
(b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, disability, or national origin.
(c) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the Conftacting Officer, advising the 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.
(d) The Contractor will comply with all provisions of Executive Order No. 11246 of Septemb er 24, 1965, and of the rules, regulations, and relevant orders of the Secretary ofLabor.
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(e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Contracting Agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, t}is 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 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, 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, howeyer, 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.

GENERAL OBLIGATION-BENEFITS CONDITIONED UPON PAYMENT

23. (a) The obligation of the Contractor to pay the United States as provided in this 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. (b) The payment of charges becoming due hereunder is a condition precedent to 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 affears in the advance payment of water rates levied or established by the Contractor. (c) With respect to subdivision (b) of this Article of this Contract, the Contractor shall have no obligation to require advance payment for water rates which it levies. 53 1 190
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COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS

24. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-l 12, as amended), the Age Discrimination Act of I975 (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. (b) These statutes require that no person in the United States shall, on the grounds 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. (c) The Contractor makes this agreement in consideration of and for the purpose ofobtaining 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.

PRIVACY ACT COMPLIANCE
Omitted.

CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS
In addition to all other payments to be made by the Contractor pursuant to this Contract, the Contractor shall pay to the United States, within sixty (60) days after receipt of a bill and detailed statement submitted by the Contracting Officer to the Contractor for such specific items of direct cost incurred by the United States for work requested by the Contractor associated with this Contract plus indirect costs in accordance with applicable Bureau of Reclamation policies and procedures. All such amounts referred to in this Article of this 25,

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Contract shall not exceed the amount agreed to in writing in advance by the Contractor. This Article of this Contract shall not apply to costs for routine contract administration.

WATER CONSERVATION

27. (a) Prior to the delivery of water provided from or conveyed through Federally constructed or Federally financed facilities pursuant to this Contract, the Contractor shall be implementing an effective water conservation and efficiency program based on the Contractor's water conservation plan that has been determined by the Contracting Officer to meet the conservation and efficiency criteria for evaluating water conservation plans established under Federal law. The water conservation and efficiency program shall contain definite water conservation objectives, appropriate economically feasible water conservation measures, and time schedules for meeting those objectives. Continued Project Water delivery pursuant to this Contract shall be contingent upon the Contractor's continued implementation of such water conservation program. In the event the Contractor's water conservation plan or any revised water conservation plan completed pursuant to subdivision (d) of this Article of this Contract have not yet been determined by the Contracting Officer to meet such criteria, due to circumstances which the Contracting Officer determines are beyond the control of the Contractor, water deliveries shall be made under this Contract so long as the Contractor diligently works with the Contracting Officer to obtain such determination at the earliest practicable date, and thereafter the Contractor immediately begins implementing its water conservation and efficiency program in accordance with the time schedules therein. (b) Should the amount of M&I Water Delivered pursuant to subdivision (a) of Article 3 of this Contract equal or exceed two thousand (2,000) acre-feet per Year, the 55 r24l
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Contractor shall implement the Best Management Practices identified by the time frames issued by the California Urban Water Conservation Council for such M&I Water unless any such practice is determined by the Contracting Officer to be inappropriate for the Contractor. (c) The Contractor shall submit to the Contracting Officer a report on the status of its implementation of the water conservation plan on the reporting dates specified in the then-existing conservation and efficiency criteria established under Federal law. (d) At five (5) -year intervals, the Contractor shall revise its water conservation plan to reflect the then-existing conservation and efficiency criteria for evaluating water conservation plans established under Federal law and submit such revised water management plan to the Contracting Officer for review and evaluation. The Contracting Officer will then determine if the water conservation plan meets Reclamation's then-existing conservation and efficiency criteria for evaluating water conservation plans established under Federal law.
(e) If the Contractor is engaged in direct groundwater recharge, such activity shall be described in the Contractor's water conservation plan.

EXISTING OR ACOUIRED WATER OR WATER RIGHTS

28. Except as specifically provided in Article 18 of this Contract, the provisions of this Contract shall not be applicable to or affect non-project water or water rights now owned or hereafter acquired by the Contractor or any user of such water within the Contractor's Service Area. Any such water shall not be considered Project Water under this Contract. In addition, this Contract shall not be construed as limiting or curtailing any rights which the Contractor or 56 1262
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Contract No. 14-06-200-8901D
any water user within the Contractor's Service Area acquires or has available under any other contract pursuant to Federal Reclamation law.

OPERATION AND MAINTENANCE BY OPERATING NON-FEDERAL ENTITY

29. (a) The O&M of a portion of the Project facilities which serve the Contractor, and responsibility for funding a portion of the costs of such O&M, have been transferred to the Operating Non-Federal Entity by separate agreement between the United States and the Operating Non-Federal Entity. That separate agreement shall not interfere with or affect the rights or obligations of the Contractor or the United States hereunder. (b) The Contracting Officer has previously notified the Contractor in writing that the O&M of a portion of the Project facilities which serve the Contractor has been transferred to the Operating Non-Federal Entity, and therefore, the Contractor shall pay directly to the Operating Non-Federal Entity, or to any successor approved by the Contracting Officer under the terms and conditions of the separate agreement between the United States and the Operating Non-Federal Entity described in subdivision (a) of this Article of this Contract, all rates, charges or assessments of any kind, including any assessment for reserve funds, which the Operating Non-Federal Entity or such successor determines, sets or establishes for (i) the O&M of the portion of the Project facilities operated and maintained by the Operating Non-Federal Entity or such successor, or (ii) the Friant Division's share of the operation, maintenance and replacement costs for physical works and appurtenances associated with the Tracy Pumping Plant, the Delta-Mendota Canal, the O'Neill Pumping/Generating Plant, the federal share of the O'Neill Forebay, the Mendota Pool, and the federal share of San Luis Unit joint use conveyance and conveyance pumping facilities. Such direct payments to the Operating Non-Federal Entity )l
1284
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Contract No. 14-06-200-8901D
or such successor shall not relieve the Contractor of its obligation to pay directly to the United States the Contractor's share of the Project Rates, Charges, and Tiered Pricing Components except to the extent the Operating Non-Federal Entity collects payments on behalf of the United States in accordance with the separate agreement identified in subdivision (a) of this Article of this Contract.
(c) For so long as the O&M of any portion of the Project facilities serving the Contractor is performed by the Operating Non-Federal Entity, or any successor thereto, the Contracting Officer shall adjust those components of the Rates for Water Delivered under this Contract representing the cost associated with the activity being performed by the Operating Non-Federal Entity or its successor.
(d) In the event the O&M of the Project facilities operated and maintained by the Operating Non-Federal Entity is re-assumed by the United States during the term of this Contract, the Contracting Officer shall so notiff the Contractor, in writing, and present to the Contractor a revised Exhibit'oBo'which shall include the portion of the Rates to be paid by the Contractor for Project Water under this Contract representing the O&M costs of the portion of such Project facilities which have been re-assumed. The Contractor shall, thereafter, in the absence of written notification from the Contracting Offrcer to the contrary, pay the Rates, Charges, and Tiered Pricing Component(s) specified in the revised Exhibit "B" directly to the United States in compliance with Article 7 of this Contract.

CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FUNDS

30. The expenditure or advance of any money or the performance of any obligation of the 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 58 t307
1308
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Contract No. l4-06-200-8901D
obligations under this Contract. No liability shall accrue to the United States in case funds are not appropriated or allotted.

BOOKS. RECORDS. AND REPORTS

31. (a) The Contractor shall establish and maintain accounts and other books and 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; the water users' land-use (crop census), land ownership, land-leasing and 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 Conffacting 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. (b) Notwithstanding the provisions of subdivision (a) of this Article of this Contract, no books, records, or other information shall be requested from the Contractor by the Contracting Officer unless such books, records, or information are reasonably related to the administration or performance of this Contract. Any such request shall allow the Contractor a reasonable period of time within which to provide the requested books, records, or information. (c) At such time as the Contractor provides information to the Conffacting Officer pursuant to subdivision (a) of this Article of this Contract, a copy of such information shall be provided to the Operating Non-Federal Entity.

ASSIGNMENT LIMITED-SUCCESSORS AND ASSIGNS OBLIGATED

32. (a) The provisions of this Contract shall apply to and bind the successors and 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. (b) The assignment of any right or interest in this Contract by either parfy shall not interfere with the rights or obligations of the other party to this Contract absent the written concurrence of said other party.
59 1334
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Contract No. 14-06-200-890 1D
(c) The Contracting Officer shall not unreasonably condition or withhold approval of any proposed assignment.

SEVERABILITY
In the event that a person or entity who is neither (i) a party to a Project contract, nor (ii) a person or entity that receives Project Water from a party to a Project contract, nor (iii) an association or other form of organizationwhose primary function is to represent parties to Project contracts, brings an action in a court of competent jurisdiction challenging the legality or enforceability of a provision included in this Contract and said person, entity, association, or organization obtains a final court decision holding that such provision is legally invalid or unenforceable and the Contractor has not intervened in that lawsuit in support of the plaintiff(s), the parties to this Contract shall use their best efforts to (i) within thirty (30) days of the date of such final court decision identifu by mutual agreement the provisions in this Contract which must be revised and (ii) within three (3) months thereafter promptly agree on the appropriate revision(s). The time periods specified above may be extended by mutual agreement of the parties. Pending the completion of the actions designated above, to the extent it can do so without violating any applicable provisions of law, the United States shall continue to make the quantities of Project Water specified in this Contract available to the Contractor pursuant to the provisions of this Contract which were not found to be legally invalid or unenforceable in the final court decision.

RESOLUTION OF DISPUTES

34. Should any dispute arise concerning any provisions of this Contract, or the rights and obligations thereunder, the parties shall meet and confer in an attempt to JJ.
60 1356
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Contract No. 14-06-200-8901D
resolve the dispute. Prior to the Contractor commencing any legal action, or the Contracting Officer referring any matter to Department of Justice, the party shall provide to the other party thirty (30) days written notice of the intent to take such action; Provided, That such notice shall not be required where a delay in commencing an action would prejudice the interests of the party that intends to file suit. During the thirty (30) day notice period, the Contractor and the Contracting Officer shall meet and confer in an attempt to resolve the dispute. Except as specifically provided, nothing herein is intended to waive or abridge any right or remedy that the Contractor or the United States mav have.

OFFICIALS NOT TO BENEFIT

35. No Mernber of or Delegate to Congress, Resident Commissioner, or official of the Contractor shall benefrt from this Contract other than as a water user or landowner in the same manner as other water users or landowners

CHANGES IN CONTRACTOR'S SERVICE AREA

36. (a) While this Contract is in effect, no change may be made in the Contractor's Service Area or boundaries, by inclusion or exclusion of lands, dissolution, consolidation, merger, or otherwise, except upon the Contracting Officer's written consent. (b) Within thirty (30) days of receipt of a request for such a change, the Contracting Officer will notifu the Contractor of any additional information required by the Contracting Officer for processing said request, and both parties will meet to establish a mutually agreeable schedule for timely completion of the process. Such process will analyze whether the proposed change is likely to: (i) result in the use of Project Water contrary to the terms of this Contract; (ii) impair the ability of the Contractor to pay for Project Water furnished under this Contract or to pay for any Federally-constructed facilities for which the Contractor is responsible; and (iii) have an impact on any Project Water rights applications, permits, or 6l
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Contract No. 14-06-200-890 I D
licenses. In addition, the Contracting Officer shall comply with the National Environmental Policy Act and the Endangered Species Act. The Contractor will be responsible for all costs incurred by the Contracting Officer in this process, and such costs will be paid in accordance with Article 26 of this Contract.

FEDERAL LAWS

37. By entering into this Contract, the Contractor does not waive its rights to contest the validity or application in connection with the performance of the terms and conditions of this Contract of any Federal law or regulation; Provided, That the Contractor agrees to comply with the terms and conditions of this Contract unless and until relief from application of such Federal law or regulation to the implementing provision of the Contract is granted by a court of competent j urisdiction.

EMERGENCY RESERVE FUND

38. The Contractor and Contracting Officer acknowledge that the requirements to establish and maintain a minimum reserve fund account to finance extraordinary O&M costs of Friant Division Facilities is and will continue to be administered under Contract No. 8-07-20-X0356 titled Agreement To Transfer The Operation, Maintenance And Replacement And Certain Financial And Administrative Activities Related To The Friant-Kern Canal And Associated Works, dated March 1, 1998 as amended, supplemented, assigned, or renewed.

MEDIUM FOR TRANSMITTING PAYMENT

39. (a) All payments from the Contractor to the United States under this contract shall be by the medium requested by the United States on or before the date payment is due. The required method of payment may include checks, wire transfers, or other types of payment specifred by the United States.
62 Contract No. 14-06-200-890 1 D
1403 (b) Upon execution of the contract, the Contractor shall furnish the 1404 Contracting Officer with the Contractor's taxpayer's identification number (TIN). The purpose 1405 for requiring the Contractor's TIN is for collecting and reporting any delinquent amounts arising 1406 out of the Contractor's relationship with the United States.

I4O7 NOTICES
1408 40. Any notice, demand, or request authorized or required by this Contract shall be 1409 deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, or 1410 delivered to the Area Manager, South-Central California Area Office,1243'N" Street, Fresno, l4ll California 93721, and on behalf of the United States, when mailed, postage prepaid, or delivered l4I2 to the City of Fresno, Public Utilities Director, 2600 Fresno Street, Room 3065, Fresno, l4I3 California 93721-3624. The designation of the addressee or the address may be changed by l4I4 notice given in the same manner as provided in this Article of this Contract for other notices.

T4I5 CONFIRMATION OF CONTRACT
1416 41. The Contractor, after the execution of this Contract, shall promptly provide to the l4l7 Contracting Officer a decree of a court of competent jurisdiction of the State of Califomia, 1418 confirming the execution of this Contract. The Contractor shall furnish the United States a 1419 certified copy of the final decree, the validation proceedings, and all pertinent supporting records 1420 of the court approving and confirming this Contract, and decreeing and adjudging it to be lawful, L42l valid, and binding on the Contractor.

T422 CONTRACT DRAFTING CONSIDERATIONS
1423 42. Articles 1 through 7, Articles 9 through 13, subdivision (c) of Article 16, Articles 1424 18 through 20, subdivision (c) of Article 23, Articles 26 through 29, subdivisions (b) and (c) of 1425 Article 31, subdivisions (b) and (c) of Article 32, Articles 33 through 34, subdivision (b) of L426 Article 36, and Articles 37 through 38 of this Contract have been drafted, negotiated, and 1427 reviewed by the parties hereto, each of whom is sophisticated in the matters to which this 1428 Contract pertains, and no one party shall be considered to have drafted the stated Articles. 63 Contract No. l4-06-200-890 lD
1429 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day 1430 and year first above written.

THE UNITED STATES OF AMERICA
omcE oFREotorAttq,|cfiil
OEPARTIIENr Orr txg tltEllil Regional Director, Mid-Pacific Region Bureau of Reclamation

CITY OF FRESNO
City Manager
Attest:

Approved as to form:
lg_l2l+o City Clerk
64 O oistrict Boundary
O Contracto/s Service Area (lrrigation Only)
z(l2-Contracto/s ServiceArea (lrrigation and M&l)
Date: S€ptember 1, 2010
File Name: N:\Distncts\Conhacts\Friant 9(d)ContEds\CityofF€sno rod Gity of Fresno
Contract No. 1 4-06-200-8901
D
Exhibit
A
Friant 9 (d) Repayment
5 2.5 0 Miles
0 EXHIBIT B
Rates and Charges
This is a placeholder page. The Rates and Charges will be transmitted to the Contractor at a later date.

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San Joaquin River Restoration Act
Exhibit D
Friant Surcharee Reduction Calculation
City of Fresno

4.OsO%

2.02s%
20 yr CMT as of t0ltl20t0
L/2 20 yr CMr as of 70/I/20tO
lrrigation Portion of Existing capital Obligation
NPV at Half CMT (Repayment obligation)
NPV at FUII CMT
Cost Offset: * (Article 7(cX1))
NPV of FS Reduction
Difference between Financing C-ost Offset and NPV of FS Reduction
Other Obligation Credit (FV of difference) (Art.
$o
$o
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s0
s0
CVPIA l riant
Reduction in tr'riant Su
Year
2011
2012
2013
2014
201 5
2016
2017
2018
2019
2020
202r
2022
2023
2024
202s
2026
2027
2028
2029
2030
203r
2032
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2034
2035
2036
2037
2038
2039
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Surcharge per AcreFoot Before Reduction
$7.00
$7 00
$7 00
$7 00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7 00
$7 00
$7 00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7 00
$7 00
Surcharge Surcharge 2020 Other
Reduction per due per A/F Projected Obligation Credit
Article after Total Annual Calculation (Art.
7( cXl) Reduction Credit 7(cX2))
$7 00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00
$7.00

7.00 7.00

7.00 1.00

7.00 7.00

7.00 700
700
700
700

7.00 7.00

7.00 0$
0$
0$
0$
0$
0$
0$
0$
0$
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
s0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
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Exhibit D
Friant Surcharse Reduction Calculation
Footnotes
x Average annual delivery forcast indicated above is a mutually agreed upon estimate of deliveries during the period 2020-2039 for purposes of calculating the Friant Surcharge reduction and related credits only.
*x This figure represents the total cumulative deliveries the reduced surchage is applicable to, but not beyond 2039. If cummulative actual deliveries exceed this amount prior to 2039, the full Friant Surcharge is applicable to deliveries in excess of this amount. xxx lhe difference represents the amount of financing costs that are not offset through the reduced Friant Surcharge computed on this schedule. Pursuant to Section 7(c)(2), this amount shall offset the Contractor's other outstanding or future obligations. After 2020, the contractors other obligations shall be reduced in the following order to fully offset this amount: 1) Payments or prepayments due for O&M expenses and, to the extent applicable, 2) Additional Capital Obligation.
6 Amount of reduction in Friant Surcharge is computed using FPV of Financing Costs adjusted to Yr 2020. Annual Friant Surcharge reduction to fully offset Financing costs is comuted and presented on per a/f basis. Friant surchage may be reduced up to $3 per alf .

FV of Total Financing Cost for Offset $
Annual Credit Target $
FS Reduction w/o limit $
FS Reduction limit $ (3.00)

EXHIBIT E
Restated Contractl
M&I Only
Contract No. 14-06-200-890 1 D

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION
Central Valley Project, California

CONTRACT BETWEEN THE UNITED STATES
AND

CITY OF FRESNO

PROVIDING FOR PROJECT WATER SERVICE FROM

FRIANT DIVISION AND

FOR FACILITIES REPAYMENT
Table of Contents
Article No. Title Page No.

Preamble .........1
Explanatory Recitals .........1
I Definitions....... ..................6
2 Effective Date Of Contract ...............11
3 Water To Be Made Available And Delivered To The Contractor............................I2 4 Time For Delivery Of Water... ..........19
5 Point Of Diversion And Responsibility For Distribution Of Water .......21 6 Measurement Of Water Within The Service Area.......... ......23 7 Rates, Method Of Payment For Water, And Accelerated Repayment of Facilities .25 8 Non-Interest Bearing Operation And Maintenance Deficits ..................33 9 Recovered Water Account ................33
10 Sales, Transfers, And Exchanges Of Water............... ...........33 11 Application Of Payments And Adjustments................ .........37 12 Temporary Reductions-Return Flows ..............38
13 Constraints On The Availability Of Water... ......39 14 Unavoidable Groundwater Percolation............. ....................41 15 Acreage Limitation ........,4I
16 Rules, Regulations, And Determinations........... ...................41 17 Protection Of Water And Air Quality...... ...........42 18 Water Acquired By The Contractor Other Than From The United States ...............42 19 Opinions And Determinations ..........44
' Pursuant to subdivision (b) of Article 2 of the Contract to which this exhibit is attached, this Exhibit "E'makes no substantive revisions to the Contract to which it is attached and is prepared solely as a matter of administrative convenience. In this Exhibit "Eo'. references to "Contract" or "this Contract" refers to this Restated Contract. 20 2l
22 23
24 25
26 27
28 29
30 3l
32 aaJJ
34 35
36 37
38 39
40 4r
42 Coordination And Cooperation................ ...........45 Charges For Delinquent Payments............... .......46 Equal Employment Opportunity.............. ...........41 General Obligation-Benefits Conditioned Upon Payment.... ...............48 Compliance With Civil Rights Laws And Regulations ........48 Privacy Act Compliance......... ..........49
Contractor To Pay Certain Miscellaneous Costs ..................49 Water Conservation ............... ...........49
Existing Or Acquired Water Or Water Rights....... ...............51 Operation And Maintenance By Operating Non-Federal Entity ............51 Contingent On Appropriation Or Allotment Of Funds................ ...........53 Books, Records, And Reports................ .............53 Assignment Limited-Successors And Assigns Obligated ....................54 Severability .....................54
Resolution Of Disputes................ .......................55 Officials Not To Benefit ...................55
Changes In Contractor's Service Area.......... ......56 Federal Laws......... ..........56
Emergency Reserve Fund......... ........57
Medium For Transmitting Payment............. .......57
Notices ..........57
Confirmation Of Conhact............. ......................57 Contract Drafting Considerations............ ...........58 o
Contract
I
2 3
4 No. 14-06-200-8901D

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION
Central Valley Project, California

CONTRACT BETWEEN THE UNITED STATES
AND

CITY OF FRESNO

PROVIDING FOR PROJECT WATER SERVICE

FROM FRIANT DIVISION AND

FACILITIES REPAYMENT
THIS CONTRACT, made this itJi v,tday of /\: r: 'it i ,: t- , ,2010, is entered into pursuant to the Act of June 17, 1902, (32 Stat. 388), and acts amendatory or supplementary thereto, including but not limited to: the Acts of Augast26,1937 (50 Stat. 844), as amended and supplemented, August 4,1939 (53 Stat. ll87), as amended and supplemented, June 21, 1963 (77 Stat. 68), October 12,1982 (96 Stat. 1262), October 27,1986 (100 Stat. 3050), as amended, Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), and Title X, Subtitle A, of the Act of March 30,2009 (123 Stat. 1349), also referred to as the San Joaquin River Restoration Settlement Act hereinafter referred to as SJRRSA, all collectively hereinafter referred to as Federal Reclamation law, between THE UNITED STATES OF AMERICA, hereinafter referred to as the United States and the CITY OF FRESNO, hereinafter referred to as the Contractor, a public agency of the State of California, duly organized, existing, and acting pursuant to the laws thereof, with its principal place of business in California; WITNESSETH. That

EXPLANATORY RECITALS
[1"] WHEREAS, the United States has constructed and is operating the Cenhal Valley Project, Califomia, for diversion, storage, carriage, distribution and beneficial use, for flood control, irrigation, municipal, domestic, industrial, fish and wildlife mitigation, protection and 5 6
7 8
9 10
1l
t2
13 t4
15 t6
tl
l8
l9
20 2l
22 23
24 25
26 27
o
ontract No. l4-06-200-8901D
28 restoration, generation and distribution of electric energy, salinity control, navigation and other 29 beneficial uses, of waters of the Sacramento River, the American River, the Trinity River, and 30 the San Joaquin River and their tributaries; and
31 [2"d] WHEREAS, the United States constructed Friant Dam (thereby creating Millerton 32 Lake) and the Friant-Kern and Madera Canals, hereinafter collectively referred to as the Friant 33 Division Facilities, which will be used in part for the furnishing of water to the Contractor 34 pursuant to the terms of this Contract; and
35 [3'u] WHEREAS, the United States and the Contractor entered into Contract Number 36 14-06-200-8901 which established terms for the delivery to the Contractor of Project Water from 37 the Friant Division from March 1,1966 through February 28,2006; and 38 [4tn] WHEREAS, the Contractor and the United States have, pursuant to subsection 39 3a0a(c)(l) of the Central Valley Project Improvement Act (CVPIA), subsequently entered into a 40 Binding Agreement, identified as Binding Agreement No. 14-06-200-8901-B4, which sets out 4l the terms pursuant to which the Contractor agreed to renew the existing contract before its 42 expiration date after completion of the programmatic environmental impact statement, and 43 subsequently entered into a long-term renewal contract identified as Contract Number 44 I4-06-200-8901-LTR1, which provided for continued water service to Contractor through 45 February 28,2045, and is herein referred to as the "Existing Contract"; and 46 [5tn] WHEREAS, pursuant to Section 8 of the Act of June 17,1902 (32 Stat. 388), the 47 United States has acquired water rights and other rights to the flows of the San Joaquin River, 48 including without limitation the permits issued as the result of Decision 935 by the California 49 State Water Resource Control Board and the contracts described in subdivision (n) of Article 3 50 of this Contract, pursuant to which the Contracting Officer develops, diverts, stores and delivers o
Contract
51 52
53 54
55 56
57 58
59 60
6l
62 63
64 65
66 67
68 69
70 7l
72 No. 14-06-200-8901D
Project Water stored or flowing through Millerton Lake in accordance with State and Federal law for the benefrt of Project Contractors in the Friant Division and for other specified Project purposes; and
[6tn] WHEREAS, the water supplied to the Contractor pursuant to this Contract is Project Water developed through the exercise of the rights described in the fifth (5t) Explanatory Recital of this Contract; and
[7tn] WHEREAS, as a result of litigation entitled "Natural Resources Defense Council, et al. v Kirk Rogers, et al." No. CIV-S-88-I658LLK/GGH, certain contractors from the Friant Division entered into a Stipulation of Settlement dated September 13,2006, (the "Settlement"), which settlement prescribes a Restoration Goal and a Water Management Goal and which Settlement was subsequently confirmed and implemented through the SJRRSA; and [8'n] WHEREAS, the SJRRSA authorizes and directs the Secretary to convert the Existing Contract to a repayment contract under clause (l) in the proviso to the first sentence of subsection (c) (hereinafter refened to as subsection (c)(l)) of Section 9 of the Act of August 4, 1939, no later than December 3I,20l0,and further directs that such contract shall require the repayment of the Contractor's allocated share of construction costs in lump sum payment by January 31,2014, which funds will in turn be made available for implementation of the Settlement and SJRRSA, and which costs otherwise would have been payable through annual water rates, with full repayment by 2030; and
[9tn] WHEREAS, such repayment of costs will assist the United States with implementation of actions required under the Settlement and the SJRRSA and provide the Contractor the benefits provided in Section 10010 of the SJRRSA; and o
Contrac t No. 14-06-200-8901D
73 [10*] WHEREAS, Section 2 of the Act of June 21,1963 (1963 Act) provides that if the 74 other party to any long-term contract for municipal, domestic, or industrial water supply so 75 requests, The Secretary shall provide in any contract entered into under subsection (c)(1) of 76 Section 9 of the Act of August 4, 1939 (repayment contract) that such party to the contract 77 "shall, during the term of the contract and any renewal thereof and subject to fulfillment of all 78 obligations thereunder, have a first right for the purposes stated in the contract (to which the 79 holders of any other type of contract for municipal, domestic, or indusfrial water supply shall be 80 subordinate) to a stated share or quantity of the project's water supply available for municipal, 81 domestic, or industrial use"; and
82 [11'n] Omitted; and
83 [12tn] WHEREAS, the Contractor has demonstrated to the satisfaction of the 84 Contracting Officer that the Contractor has utilized the Project Water supplies available to it for 85 reasonable and beneficial use and/or has demonstrated projected future demand for water use 86 such that the Contractor has the capability and expects to utilize fully for reasonable and 87 beneficial use the quantity of Project Water to be made available to it pursuant to this Contract; 88 and
89 [13tn] WHEREAS, water obtained from the Cenfal Valley Project has been relied upon 90 by urban and agricultural areas within California for more than frfty (50) years and is considered 9l by the Contractor as an essential portion of its water supply; and 92 [14tn] WHEREAS, the economies of regions within the Central Valley Project, 93 including the Contractor's, depend upon the continued availability of water, including water 94 service from the Central Valley Project; and
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95 [15th] WHEREAS, the Secretary intends through coordination, cooperation, and 96 partnerships to pursue measures to improve water supply, water quality, and reliability of the 97 Project for all Project purposes; and
98 [l6th] WHEREAS, the mutual goals of the United States and the Contractor include: to 99 provide for reliable Project Water supplies; to control costs of those supplies; to achieve 100 repayment of the Central Valley Project as required by law; to guard reasonably against Project 101 Water shortages; to achieve a reasonable balance among competing demands for use of Project 102 Water; and to comply with all applicable environmental statutes, all consistent with the legal 103 obligations of the United States relative to the Central Valley Project; and 104 [17tn] WHEREAS, any time during the Year the Contracting Officer determines that a 105 need exists to evacuate water from Millerton Lake in order to prevent or minimize spill or to 106 meet flood control criteria (currently referred to as "uncontrolled season"), taking into 107 consideration, among other things, anticipated upstream reservoir operations and the most 108 probable forecast of snowmelt and runoff projections for the upper San Joaquin River, Friant 109 Division Project Contractors utilize a portion of their undependable Class 2Water in their 110 service areas to, among other things, assist in the management and alleviation of groundwater 111 overdraft in the Friant Division service area, provide opportunities for restoration of the San Il2 Joaquin River below Friant Dam, minimize flooding along the San Joaquin River, encourage 113 optimal water management, and maximize the reasonable and beneficial use of the water; and Il4 [18*] WHEREAS, the parties desire and intend that this Contract not provide a 115 disincentive to the Friant Division Project Contractors continuing to carry out the beneficial 116 activities set out in the Explanatory Recital immediately above; and o
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lll U9*l WHEREAS, the United States has determined that the Contractor has fulfilled all 118 of its obligations under the Existing Contract; and Il9 [20tn] WHEREAS, this Contract allows the Contractor to retain a sustainable water 120 supply, and provides greater certainty regarding the cost and long-term integrity of its Central l2l Valley Project water supplies.
122 NOW, THEREFORE, in consideration of the mutual and dependent covenants herein I23 contained, it is hereby mutually agreed by the parties hereto as follows:
124 DEFINITIONS
125 1. When used herein, unless otherwise distinctly expressed or manifestly 126 incompatible with the intent of the parties as expressed in this Contract, the term:

I27 (a) "Additional Capital Obligation" shall mean any additional construction I28 costs or other capitalized costs incurred after the effective date of this Contract or not reflected in 129 the Existing Capital Obligation as provided in Section 10010(a)(3)(B) of the SJRRSA and any 130 amounts payable by Contractor as determined through the final adjustment described and 131 required by Section 10010(b) of the SJRRSA;
132 (b) "CalendarYear"shallmeantheperiodJanuary I throughDecember3l, 133 both dates inclusive:
134 (c) "Charges" shall mean the payments required by Federal Reclamation law 135 in addition to the Rates specified in this Contract as determined annually by the Contracting 136 Officer pursuant to this Contract and consistent with the SJRRSA; t37 (d) "Class 1 Water" shall mean that supply of water stored in or flowing 138 through Millerton Lake which, subject to the contingencies hereinafter described in Articles 3, 6 o
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139 12, and 13 of this Contract, will be available for delivery from Millerton Lake and the 140 Friant-Kern and Madera Canals as a dependable water supply during each Year; l4T (e) "Class 2Water" shall mean that supply of water which can be made 142 available subject to the contingencies hereinafter described in Articles 3,12, and 13 of this 143 Contract for delivery from Millerton Lake and the Friant-Kern and Madera Canals in addition to 144 the supply of Class I Water. Because of its uncertainty as to availability and time of occturence, 145 such water will be undependable in character and will be furnished only if, as, and when it can be 146 made available as determined bv the Contracting Officer:
147 (f) "CorrOition of Shortage" ]null mean a condition respecting the Project 148 during any Year such that the Contracting Officer is unable to deliver sufficient water to meet the 149 Contract Total:
150 (g) "Contracting Officer" shall mean the Secretary of the Interior's duly 151 authorized representative acting pursuant to this Contract or applicable Federal Reclamation law 152 or regulation;
153 (h) "Contract Total" shall mean the maximum amount of Class I Water plus 154 the maximum amount of Class 2Water specified in subdivision (a) of Article 3 of this Contract 155 and is the stated share or quantity of the Project's available water supply to which the Contractor 156 shall have a first right, in accordance with the 1963 Act and the terms of this Contract, upon the 157 Contractor's complete payment of the Repayment Obligation, notwithstanding any Additional 158 Capital Obligation that may later be established;
I59 (D "Contractor's Service Area" shall mean the area to which the Contractor is 160 permitted to provide Project Water under this Contract as described in Exhibit ooA" attached o
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hereto, which may be modified from time to time in accordance with Article 36 of this Contract without amendment of this Contract;
() "CVPIA" shall mean the Central Valley Project Improvement Act, Title XXXIV of the Act of October 30, 1992 (106 Stat.4706);
(k) Omitted;
(l) Omitted;
(m) "Existing Capital Obligation" shall mean the remaining amount of conskuction costs of the Contractor identified in the Central Valley Project Irrigation Water Rates and./or Municipal and Industrial Water Rates, respectively, dated January 25,2007, as adjusted to reflect payments not reflected in such schedule, pursuant to Section 10010(a)(3)(A) of the SJRRSA. The Contracting Officer has computed the Existing Capital Obligation in a manner consistent with the SJRRSA and such amount is set forth in Exhibits "C-1", incorporated herein by reference;
(n) "Financing Costso', for purposes of computing the reduction of certain charges as specified in subdivision (c) of Article 7 of this Contract, shall mean the difference between the net present value of the Existing Capital Obligation discounted using the full Treasury rate and the Existing Capital Obligation discounted using one-half the Treasury rate, as set forth in Section 10010(dX3) of the SJRRA;
(o) Omitted;
(p) Omitted;
(q) Omitted;
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G) "Irrigation Water" shall mean water made available from the Project that is used primarily in the production of agricultural crops or livestock, including domestic use incidental thereto, and watering of livestock;
(0 Omitted;
(t) "Long Term Historic Average" shall mean the average of the final forecast of Water Made Available to the Contractor pursuant to this Contract and the contracts referenced in the third (3f and fourth (4th) Explanatory Recitals of this Contract; (u) "Municipal and Industrial (M&I) Water" shall mean Water Made Available from the Project other than Irrigation Water made available to the Contractor. M&I Water shall include water used for human use and purposes such as the watering of landscaping or pasture for animals (e.g., horses) which are kept for personal enjoyment or water delivered to land holdings operated in units of less than frve (5) acres unless the Contractor establishes to the satisfaction of the Contracting Officer that the use of water delivered to any such landholding is a use described in subdivision (r) of this Article of this Contract; (v) Omitted;
(w) "Operation and Maintenance" or "O&M" shall mean normal and reasonable care, control, operation, repair, replacement (other than Capital replacement), and maintenance of Proj ect facilities;
(x) "Operating Non-Federal Entity" shall mean the Friant Water Authority, or its successor, a Non-Federal entity, which has the obligation to operate and maintain all or a portion of the Friant Division Facilities pursuant to an agreement with the United States and which may have funding obligations with respect thereto; 0) Omitted;
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205 (") o'Project" shall mean the Central Valley Project owned by the United 206 States and managed by the Department of the Interior, Bureau of Reclamation; 207 (aa) "Project Contractors" shall mean all parties who have a long-term water 208 service contract or repayment contract for Project Water from the Project with the United States 209 pursuant to Federal Reclamation law;
210 (bb) "Project Water" shall mean all water that is developed, diverted, stored, or 2Il delivered by the Secretary in accordance with the statutes authorizing the Project and in 212 accordance with the terms and conditions of water rights acquired pursuant to California law; 213 (cc) 'oRates" shall mean the payments for O&M costs as determined annually 214 by the Contracting Officer in accordance with the then-existing applicable water ratesetting 215 policies for the Project, as described in subdivision (a) of Article 7 of this Contract and 216 illustrated in Exhibit "8", attached hereto;
217 (dd) "Recovered Water Accounf'shall mean the program, as defined in the 218 Settlement, to make water available to all of the Friant Division Project Contractors who provide 219 water to meet interim flows or restoration flows for the purpose of reducing or avoiding the 220 impact of the interim flows and restoration flows on such contractors; 221 (ee) "Repayment Obligation", as provided in subdivision (a)(2)(A) of Article 7 222 of this Contract, shall be the Existing Capital Obligation, as defined herein, discounted by 223 one-half of the Treasury rate and computed consistent with the provisions of Section 224 10010(a)(3)(A) of the SJRRSA to be paid by January 31,2014; 225 (f0 "Secretary" shall mean the Secretary of the Interior, a duly appointed 226 successor, or an authorized representative acting pursuant to any authority ofthe Secretary and 227 through any agency of the Department of the Interior; 10 o
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228 (gg) "settlement" shall mean the Stipulation of Settlement dated September 13, 229 2006, the Order Approving Stipulation of Settlement, and the Judgment and further orders issued 230 by the Court pursuant to the terms and conditions of the Settlement in Natural Resources 231 Defense Council, et al. v. Rodgers, et al., No. CIV-S-88-1658 LLJIGGH; 232 (hh) Omitted;
233 (ii) "Water Delivered" or "Delivered Water" shall mean Project Water 234 diverted for use by the Contractor at the point(s) of delivery approved by the Contracting 235 Officer;
236 0j) "Water Made Available" shall mean the estimated amount of Project 237 Water that can be delivered to the Contractor for the upcoming Year as declared by the 238 Contracting Officer, pursuant to subdivision (a) of Article 4 of this Contract; 239 (kk) "Water Management Goal" shall mean the goal of the Settlement to 240 reduce or avoid adverse water supply impacts to all the Friant Division Project Contractors that 24I may result from the interim flows and restoration flows provided for in the Settlement; 242 0l) 'oWater Scheduled" shall mean Project Water made available to the 243 Contractor for which times and quantities for delivery have been established by the Contractor 244 and Contracting Officer, pursuant to subdivision (b) of Article 4 of this Contract; and 245 (mm) "Yeat''shall mean the period from and including March 1 of each 246 Calendar Year through the last day of February of the following Calendar Year. 247 EFFECTIVE DATE OF CONTRACT
248 2. (a) This Contract shall become effective on the date first hereinabove written 249 and shall continue so long as the Contractor is making the annual payments required herein and 250 paying any other amounts owing under this Contract and applicable law, unless it is terminated 1l
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25I by the Contracting Officer by reason of a material uncured breach by the Contractor; Provided, 252 That the Contracting Officer shall not seek to terminate this Contract by reason of an asserted 253 material uncured breach by the Contractor unless it has first provided at least sixty (60) days 254 written notice of the asserted breach to the Contractor and the Contractor has failed to cure such 255 breach (or to diligently commence curative actions satisfactory to the Contracting Officer for a 256 breach that cannot be fully cured within sixty (60) days) within the sixty (60)-day notice period; 257 Provided further. That this Contract may be terminated at any time by mutual consent of the 258 parties hereto.
259 (b) The Contractor has paid the Repayment Obligation, and notrvithstanding 260 any Additional Capital Obligation that may later be established, the tiered pricing component and 26I Full Cost pricing provisions of Federal Reclamation law shall no longer be applicable to the 262 Contractor.
263 (c) This Contract supersedes in its entirety and is intended to replace in fuIl 264 the Existing Conhact; Provided, That if this Contract is terminated or determined to be invalid or 265 unenforceable for any reason other than a material uncured breach of this Contract by the 266 Contractor, the Existing Contract shall not be superseded and shall be in full force and effect. 267 WATER TO BE MADE AVAILABLE AND DELIVERED TO THE CONTRACTOR 268 3. (a) During each Year, consistent with all applicable State water rights, 269 permits, and licenses, Federal law, the Settlement including the SJRRSA, and subject to the 270 provisions set forth in Articles 12 and 13 of this Contract, the Contracting Officer shall make 27 | available for delivery to the Contractor from the Project 60,000 acre-feet of Class I Water for 272 M&I purposes. The quantity of Water Delivered to the Contractor in accordance with this t2
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273 subdivision shall be scheduled and paid for pursuant to the provisions of Articles 4 and 7 of this 274 Contract.
275 (b) The Contractor has paid the Repayment Obligation, and notwithstanding 276 any Additional Capital Obligation that may later be established, the Contractor has a first right to 277 a stated share or quantity of the Project's water supply available for M&I uses in accordance 278 with the 1963 Act and the terms of this Contract. This right shall not be disturbed so long as the 279 Contractor fulfills all of its obligations hereunder. The quantity of water made available for 280 delivery in any given Year shall remain subject to the terms and conditions of subdivision (a) of 281 this Article of this Contract.
282 (c) The Contractor shall utilize the Project Water in accordance with all 283 applicablelegalrequirements.
284 (d) The Contractor shall make reasonable and beneficial use of all Project 285 Water or other water furnished pursuant to this Contract. Groundwater recharge programs, 286 groundwater banking programs, surface water storage programs, and other similar programs 287 utilizing Project Water or other water furnished pursuant to this Contract conducted within the 288 Contractor's Service Area which are consistent with applicable State law and result in use 289 consistent with applicable Federal Reclamation law will be allowed; Provided, That any direct 290 recharge program(s) is (are) described in the Contractor's Water Conservation Plan submitted 291 pursuant to Article 27 of this Contract; Provided further, That such Water Conservation Plan 292 demonstrates suffrcient lawful uses exist in the Contractor's Service Area so that using a 293 long-term average, the quantity of Delivered Water is demonstrated to be reasonable for such 294 uses and in compliance with Federal Reclamation law. Groundwater recharge programs, 295 groundwater banking programs, surface water storage programs, and other similar programs l3
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296 utilizing Project Water or other water furnished pursuant to this Contract conducted outside the 297 Contractor's Service Area may be permitted upon written approval of the Contracting Off,rcer, 298 which approval will be based upon environmental documentation, Project Water rights, and 299 Project operational concerns. The Contracting Officer will address such concerns in regulations, 300 policies, or guidelines.
301 (e) The Contractor, tlrough this Contract, shall comply with requirements 302 applicable to the Contractor in biological opinion(s) prepared as a result of the consultation 303 regarding the execution of the Existing Contract undertaken pursuant to Section 7 of the 304 Endangered Species Act of 1973, as amended, as well as the requirements of any other biological 305 opinions applicable to Project Water delivery under this Contract,that are within the 306 Contractor's legal authority to implement. The Existing Contract, which evidences in excess of 307 44 years of diversions for M&I purposes of the quantities of water provided in subdivisions (a) 308 of Article 3 of this Contract, will be considered in developing an appropriate baseline for the 309 biological assessment(s) prepared pursuant to the ESA, and any other needed environmental 310 review. The Contractor shall comply with the limitations or requirements imposed by 311 environmental documentation applicable to the Contractor and within its legal authority to 312 implement regarding specific activities. Nothing herein shall be construed to prevent the 313 Contractor from challenging or seeking judicial relief in a court of competent jurisdiction with 314 respect to any biological opinion or other environmental documentation referred to in this Article 315 of this Contract.
316 (0 Subject to subdivisions (1) and (n) of this Article of this Contract, 317 following the declaration of Water Made Available under Article 4 of this Contract, the 318 Contracting Officer will make a determination whether Project Water, or other water available to t4
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319 the Project, can be made available to the Contractor in addition to the Contract Total in this 320 Article of this Contract during the Year without adversely impacting the Project or other Project 32I Contractors and consistent with the Secretary's legal obligations. At the request of the 322 Contractor, the Contracting Officer will consult with the Contractor prior to making such a 323 determination. Subject to subdivisions (1) and (n) of this Article of this Contract, if the 324 Contracting Officer determines that Project Water, or other water available to the Project, can be 325 made available to the Contractor, the Contracting Officer will announce the availability of such 326 water and shall so notify the Contractor as soon as practical. The Contracting Officer will 327 thereafter meet with the Contractor and other Project Contractors capable of taking such water to 328 determine the most equitable and efficient allocation of such water. If the Contractor requests 329 the delivery of any quantity of such water, the Contracting Officer shall make such water 330 available to the Contractor in accordance with applicable statutes, regulations, guidelines, and 331 policies.
332 (g) The Contractor may request permission to reschedule for use during the 333 subsequent Year some or all of the Water Made Available to the Contractor during the current 334 Year referred to as "car4rover." The Contractor may request permission to use during the 335 current Year a quantrty of Project Water which may be made available by the United States to 336 the Contractor during the subsequent Year referred to as "pre-use." The Contracting Offrcer's 337 written approval may permit such uses in accordance with applicable statutes, regulations, 338 guidelines, and policies.
339 (h) The Contractor's right pursuant to Federal Reclamation law and applicable 340 State law to the reasonable aqd beneficial use of the Water Delivered pursuant to this Contract 34I shall not be disturbed so long as the Contractor shall fulfill all of its obligations under this 15 o
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342 Contract. Nothing in the preceding sentence shall affect the Contracting Officer's ability to 343 impose shortages under Article 12 or subdivision (b) of Article 13 of this Contract. 344 (i) Project Water furnished to the Contractor pursuant to this Contract may be 345 delivered for purposes other than those described in subdivisions (r) and (u) of Article 1 of this 346 Contract upon written approval by the Contracting Officer in accordance with the terms and 347 conditions of such approval.
348 C) The Contracting Offrcer shall make reasonable efforts to protect the water '349 rights and other rights described in the fifth (5th) Explanatory Recital of this Contract and to 350 provide the water available under this Contract. The Contracting Officer shall not object to 351 participation by the Contractor, in the capacity and to the extent permitted by law, in 352 administrative proceedings related to the water rights and other rights described in the fifth (5th) 353 Explanatory Recital of this Contract; Provided however, That the Contracting Officer retains the 354 right to object to the substance of the Contractor's position in such a proceeding. Provided 355 further, that in such proceedings the Contracting Officer shall recognize the Contractor has a 356 legal right under the terms of this Contract to use Project Water. 357 (k) Project Water furnished to the Contractor during any month designated in 358 a schedule or revised schedule submitted by the Contractor and approved by the Contracting 359 Officer shall be deemed to have been accepted by the Contractor as Class 1 Water to the extent 360 that Class 1 Water is called for in such schedule for such month and shall be deemed to have 36I been accepted as Class 2 Water to the extent Class 2 Water is called for in such schedule for such 362 month. If in any month the Contractor diverts a quantity of water in addition to the total amount 363 of Class I Water and Class 2Water set forth in the Contractor's approved schedule or revised 364 schedule for such month, such additional diversions shall be charged first against the I6
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365 Contractor's remaining Class 2 Water supply available in the current Year. To the extent the 366 Contractor's remaining Class 2 Water supply available in the current Year is not sufficient to 367 account for such additional diversions, such additional diversions shall be charged against the 368 Contractor's remaining Class 1 Water supply available in the current Year. To the extent the 369 Contractor's remaining Class 1 Water and Class 2Water supplies available in the current Year 370 are not sufficient to account for such additional diversions. such additional diversions shall be 37I charged first against the Contractor's available Class 2Water supply and then against the 372 Contractor's available Class 1 Water supply, both for the following Year. Payment for all 373 additional diversions of water shall be made in accordance with Article 7 of this Contract. 374 (D If the Contracting Officer determines there is a Project Water supply 375 available at Friant Dam as the result of an unusually large water supply not otherwise storable for 376 Project purposes or infrequent and otherwise unmanaged flood flows of short duration, such 377 water will be made available to the Contractor and others under Section 215 of the Act of 378 October 12,1982, pursuant to the priorities specified below if the Contractor enters into a 379 temporary contract with the United States not to exceed one (1) year for the delivery of such 380 water or as otherwise provided for in Federal Reclamation law and associated regulations. Such 381 water may be identified by the Contractor either (i) as additional water to supplement the supply 382 of Class I Water and/or Class 2 Water made available to it pursuant to this Contract or, (ii) upon 383 written notification to the Contracting Officer, as water to be credited against the Contractor's 384 Class 2 Water supply available pursuant to this Contract. The Contracting Officer shall make 385 water determined to be available pursuant to this subsection according to the following priorities:
386 first, to contractors for Class 1 Water and/or Class 2 Water within the Friant Division; second, to 387 contractors in the Cross Valley Division of the Project. The Contracting Officer will consider I7
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388 requests from other parties for Section 215 Water for use within the area identified as the Friant 389 Division service area in the environmental assessment developed in connection with the 390 execution of the Existing Contract.
391 (m) Nothing in this Contract, nor any action or inaction of the Contractor or 3g2 Contracting Officer in connection with the implementation of this Contract, is intended to 393 override, modifu, supersede or otherwise interfere with any term or condition of the water rights 394 and other rights referred in the fifth (5th) Explanatory Recital of this Contract. 395 (n) .The rights of the Contractor under this Contract are subject to the terms of 396 the contract for exchange waters, dated July 27,1939, between the United States and the San 3g7 Joaquin and Kings River Canaland Irrigation Company, Incorporated, et a1., (hereinafter referred 398 to as the Exchange Contractors), Contract No. Ilr-1144, as amended. The United States agrees 399 thatil will not deliver to the Exchange Contractors thereunder waters of the San Joaquin River 400 unless and until required by the terms of said contract, and the United States further agrees that it 401 will not voluntarily and knowingly determine itself unable to deliver to the Exchange 402 Contractors entitled thereto from water that is available or that may become available to it from 403 the Sacramento River and its tributaries or the Sacramento-San Joaquin Delta those quantities 404 required to satisf,i the obligations of the United States under said Exchange Contract and under 405 Schedule 2 of the Contract for Purchase of Miller and Lux Water Rights (Contract llr-1145, 406 dated July 27, 1939).
407 (o) Pursuant to and consistent with section 10004 of SJRRSA and Paragraph 408 16 of the Settlement, the Contracting Officer is required to develop and implement a plan for 409 recirculation, recapture, reuse, exchange or transfer of water released for restoration flows or 4I0 interim flows, as those terms are defined in the Sefflement, to reduce or avoid impacts to water 18 o
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4ll deliveries caused by said restoration flows or interim flows and water developed through such 4L2 activities may be made available (i) to the Contractor without the need of an additional contract, 413 and/or (ii) to others on behalf of the Contractor under terms mutually acceptable to the 414 Contractor and the Contracting Officer that arc consistent with the Water Management Goal. 415 TIME FOR DELIVERY OF WATER
416 4. (a) On or about February 20 of each Calendar Year, the Contracting Officer 417 shall announce the Contracting Officer's initial declaration of the Water Made Available. The 418 declaration will be updated monthly and more frequently if necessary, based on then-current 419 operational and hydrologic conditions and a new declaration with changes, if any, to the Water 420 Made Available will be made. The Contracting Officer shall provide forecasts of Project 42I operations and the basis of the estimate, with relevant supporting information, upon the written 422 request of the Contractor. Concurrently with the declaration of the Water Made Available, the 423 Contracting Officer shall provide the Contractor with the updated Long Term Historic Average. 424 The declaration of Project operations will be expressed in terms of both Water Made Available 425 and the Long Term Historic Average.
426 (b) On or before each March 1 and at such other times as necessary, the 427 Contractor shall submit to the Conkacting Officer a written schedule, satisfactory to the 428 Contracting Officer, showing the monthly quantities of Project Water to be delivered by the 429 United States to the Contractor pursuant to this Contract for the Year commencing on such 430 March l. The Contracting Officer shall use all reasonable means to deliver Project Water 431 according to the approved schedule for the Year commencing on such March 1. 432 (c) The Contractor shall not schedule Project Water in excess of the quantity 433 of Project Water the Contractor intends to put to reasonable and beneficial use within the I9
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434 Contractor's Service Area, or to sell, transfer or exchange pursuant to Article 10 of this Contract 435 or bank pursuant to subdivision (d) of Article 3 of this Contract during any Year. 436 (d) Subject to the conditions set forth in subdivision (a) of Article 3 of this 437 Contract, the United States shall deliver Project Water to the Contractor in accordance with the 438 initial schedule submitted by the Contractor pursuant to subdivision (b) of this Article, or any 43g written revision(s), satisfactory to the Contracting Officer, thereto submitted within a reasonable 440 time prior to the date(s) on which the requested change(s) is/are to be implemented; Provided, 441 That the total amount of water requested in that schedule or revision does not exceed the 442 quantities announced by the Contracting Officer pursuant to the provisions of subdivision (a) of 443 Article 3 of this Contract, and the Contracting Officer determines that there will be sufficient 444 capacity available in the appropriate Friant Division Facilities to deliver the water in accordance 445 with that schedule; Provided further, That the Contractor shall not schedule the delivery of any 446 water during any period as to which the Contractor is notified by the Contracting Officer or 447 Operating Non-Federal Entity that Project facilities required to make deliveries to the Contractor 448 will not be in operation because of scheduled O&M.
449 (e) The Contractor may, during the period from and including November 1 of 450 each Year through and including the last day of February of that Year, request delivery of any 45I amount of the Class I Water estimated by the Contracting Officer to be made available to it 452 during the following Year. The Contractor may, during the period from and including January I 453 of each Year (or such earlier date as may be determined by the Contracting Officer) through and 454 including the last day of February of that Year, request delivery of any amount of Class 2Water 455 estimated by the Contracting Officer to be made available to it during the following Year. Such 456 water shall hereinafter be referred to as pre-use water. Such request must be submitted in writing 20 o
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457 by the Contractor for a specifred quantity of pre-use and shall be subject to the approval of the 458 Contracting Officer. Payment for pre-use water so requested shall be at the appropriate Rate(s) 459 for the following Year in accordance with Article 7 of this Contract and shall be made in 460 advance of delivery of any pre-use water. The Contracting Officer shall deliver such pre-use 46I water in accordance with a schedule or any revision thereof submitted by the Contractor and 462 approved by the Contracting Officer, to the extent such water is available and to the extent such 463 deliveries will not interfere with the delivery of Project Water entitlements to other Friant 464 Division contractors or the physical maintenance of the Project facilities. The quantities of 465 pre-use Water Delivered pursuant to this subdivision shall be deducted from the quantities of 466 water that the Contracting Officer would otherwise be obligated to make available to the 467 Contractor during the following Year; Provided. That the quantity of pre-use water to be 468 deducted from the quantities of either Class I Water or Class 2Water to be made available to the 469 Contractor in the following Year shall be specified by the Contractor at the time the pre-use 470 water is requested or as revised in its first schedule for the following Year submitted in 471 accordance with subdivision (b) of this Article of this Contract, based on the availability of the 412 following Year water supplies as determined by the Contracting Officer. 473 POINT OF DIVERSION AND RESPONSIBILITY FOR DISTRIBUTION OF WATER 474 5. (a) Project Water scheduled pursuant to subdivision (b) of Article 4 of this 475 Contract shall be delivered to the Contractor at a point or points of delivery either on Project 476 facilities or another location or locations mutually agreed to in writing by the Contracting Officer 477 and the Contractor.
478 (b) The Contracting Officer, the Operating Non-Federal Entity, or other 479 appropriate entity shall make all reasonable efforts to maintain sufficient flows and levels of 2l
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480 water in the Friant-Kem Canal to deliver Project Water to the Contractor at specific turnouts 481 established pursuant to subdivision (a) of this Article of this Confact. 482 (c) The Contractor shall not deliver Project Water to land outside the 483 Contractor's Service Area unless approved in advance by the Contracting Officer. The 484 Contractor shall deliver Project Water in accordance with applicable Federal Reclamation law. 485 (d) All Water Delivered to the Contractor pursuant to this Contract shall be 486 measured and recorded with equipment furnished, installed, operated, and maintained by the 487 United States, the Operating Non-Federal Entity or other appropriate entity as designated by the 488 Contracting Officer (hereafter "other appropriate entity") at the point or points of delivery 489 established pursuant to subdivision (a) of this Article of this Contract. Upon the request of either 490 party to this Contract, the Contracting Officer shall investigate, or cause to be investigated by the 491 responsible Operating Non-Federal Entity, the accuracy of such measurements and shall take any 492 necessary steps to adjust any erors appearing therein. For any period of time when accurate 493 measurements have not been made, the Contracting Officer shall consult with the Contractor and 494 the responsible Operating Non-Federal Entity prior to making a final determination of the 495 quantity delivered for that period of time.
496 (e) Neither the Contracting Officer nor any Operating Non-Federal Entity 497 shall be responsible for the control, carrrage, handling, use, disposal, or distribution of Project 498 Water Delivered to the Contractor pursuant to this Contract beyond the delivery points specified 499 in subdivision (a) of this Article of this Contract. The Contractor shall indemnifi' the United 500 States, its officers, employees, agents, and assigns on account of damage or claim of damage of 501 any nature whatsoever for which there is legal responsibility, including property damage, 502 personal injury, or death arising out of or connected with the control, caniage, handling, use, 22 o
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503 disposal, or distribution of such Project Water beyond such delivery points, except for any 504 damage or claim arising out of: (i) acts or omissions of the Contracting Officer or any of its 505 officers, employees, agents, or assigns, including any responsible Operating Non-Federal Entity, 506 with the intent of creating the situation resulting in any damage or claim; (ii) willful misconduct 507 of the Contracting Officer or any of its officers, employees, agents, or assigns, including any 508 responsible Operating Non-Federal Entity; (iii) negligence of the Contracting Officer or any of 509 its officers, employees, agents, or assigns including any responsible Operating Non-Federal 510 Entity; or (iv) damage or claims resulting from a malfunction of facilities owned and/or operated 511 by the United States or responsible Operating Non-Federal Entity; Provided, That the Contractor 512 is not the Operating Non-Federal Entity that owned or operated the malfunctioning facility(ies) 513 from which the damage claim arose.
514 MEASUREMENT OF WATER WITHIN THE SERVICE AREA
515 6. (a) The Contractor has established a measurement program satisfactory to the 516 Contracting Officer and all surface water delivered for M&I purposes within the Contractor's 517 Service Area is measured at each M&I service connection. The water measuring devices or 518 water measuring methods of comparable effectiveness must be acceptable to the Contracting 519 Officer. The Contractor shall be responsible for installing, operating, and maintaining and 520 repairing all such measuring devices and implementing all such water measuring methods at no 521 cost to the United States. The Contracting Officer acknowledges that the Contractor has a 522 metering plan (Exhibit "F") setting forth the milestones and schedule that the Contractor will 523 implement to comply with the requirements of this Article. The Contractor shall provide an 524 annual written report to the Contracting Officer describing the Contractor's metering plan 525 implementation progress. The Contractor shall use the information obtained from such water 23 o
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526 measuring devices or water measuring methods to ensure its proper management of the water, to 527 bill water users for water delivered by the Contractor; and, if applicable, to record water 528 delivered for M&I pu{poses by customer class as defined in the Contractor's water conservation 529 plan provided for in Article 27 of this Contract. Nothing herein contained, however, shall 530 preclude the Contractor from establishing and collecting any charges, assessments, or other 531 revenues authorized bv California law.
532 (b) To the extent the information has not otherwise been provided, upon 533 execution of this Contract, the Contractor shall provide to the Contracting Officer a written 534 report describing the measurement devices or water measuring methods being used or to be used 535 to implement subdivision (a) of this Article of this Contract and identiffing the M&I service 536 connections or alternative measurement programs approved by the Contracting Officer, at which 537 such measurement devices or water measuring methods are being used, and, if applicable, 538 identifuing the locations at which such devices and/or methods are not yet being used including a 53g time schedule for implementation at such locations. The Contracting Officer shall advise the 540 Contractor in writing within sixty (60) days as to the adequacy of, and necessary modifications, 54I if any, of the measuring devices or water measuring methods identified in the Contractor's report 542 and if the Contracting Officer does not respond in such time, they shall be deemed adequate. If 543 the Contracting Officer notifies the Contractor that the measuring devices or methods are 544 inadequate, the parties shall within sixty (60) days following the Contracting Officer's response, 545 negotiate in good faith the earliest practicable date by which the Contractor shall modiff said 546 measuring devices and/or measuring methods as required by the Contracting Officer to ensure 547 compliance with subdivision (a) of this Article of this Contract. 24 o
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548 (c) All new surface water delivery systems installed within the Contractor's 549 Service Area after the effective date of this Contract shall also comply with the measurement 550 provisions described in subdivision (a) of this Article of this Contract. 551 (d) The Contractor shall inform the Contracting Officer and the State of 552 California in writing by April 30 of each Year of the monthly volume of surface water delivered 553 within the Contractor's Service Area during the previous Year. 554 (e) The Contractor shall inform the Contracting Officer and the Operating 555 Non-Federal Entity on or before the twentieth (20th) calendar day of each month of the quantity 556 of M&I Water taken during the preceding month.
557 (0 Omitted.
558 RATES. METHOD OF PAYMENT FOR WATER.
559 AND ACCELERATED REPAYMENT OF FACILITIES
560 7. (a) The Contractor's cost obligations for all Delivered Water shall be 561 determined in accordance with: (i) the Secretary's ratesetting policy for Irrigation Water adopted 562 in 1988 and the Secretary's then-existing ratesetting policy for M&I Water, consistent with the 563 SJRRSA, and such ratesetting policies shall be amended, modified, or superseded only through a 564 public notice and comment procedure; (ii) applicable Federal Reclamation law and associated 565 rules and regulations, or policies; and (iii) other applicable provisions of this Contract. 566 (1) The Contractor shall pay the United States as provided for in this 567 Article of this Contract for the Delivered Water at Rates and Charees determined in accordance 568 with policies for Irrigation Water and M&I Water. The Contractol', nut", shall be established to 569 recover its estimated reimbursable costs included in the O&M component of the Rate and 570 amounts established to recover other charses and deficits. other than the construction costs. The 25 o
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Rates for O&M costs and Charges shall be adjusted, as appropriate, in accordance with the provisions of the SJRRSA.
(2) Omitted.
(A) Omitted.
(B) Project construction costs or other capitalized costs attributable to capital additions to the Project incurred after the effective date of this Contract or that are not reflected in the schedule referenced in Exhibit "C-1" and properly assignable to the Contractor, shall be repaid as prescribed by the SJRRSA without interest except as required by law. Consistent with Federal Reclamation law, interest shall continue to accrue on the M&I portion of unpaid Project construction costs or other capitalized cost assigned to the Contractor until such costs are paid. Increases or decreases in Project construction costs or other capitalized costs assigned to the Contractor caused solely by annual adjustment of Project construction costs or other capitalized costs assigned to each Central Valley Project contractor by the Secretary shall not be considered in determining the amounts to be paid pursuant to this subdivision (a)(2)(B), but will be considered under subdivision (b) of this Article. A separate repayment agreement shall be established by the Contractor and the Contracting Officer to accomplish repayment of all additional Project construction costs or other capitalized costs assigned to the Contractor within the timeframe prescribed by the SJRRSA subject to the following:
(l) Ifthe collective annual Project construction costs or other capitalized costs that are incurred after the effective date of this Contract and properly assignable to the contractors are less than $5,000,000, then the portion of such costs properly assignable to the Contractor shall be repaid in not more than frve (5) years after notification of the allocation. This amount is the result of a collective annual allocation of Project construction 26 o
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594 costs to the contractors exercising contract conversions; Provided. That the reference to the 595 amount of $5,000,000 shall not be a precedent in any other context. 596 (2) If the collective annual Project construction costs or 597 other capitalized costs that are incurred after the effective date of this Contract and properly 598 assignable to the contractors are $5,000,000 or greater, then the portion of such costs properly 599 assignable to the Contractor shall be repaid as provided by applicable Federal Reclamation law. 600 This amount is the result of a collective annual allocation of Project construction costs to the 601 contractors exercising contract conversions; Provided. That the reference to the amount of 602 $5,000,000 shall notbe aprecedent in any other context. 603 (b) Consistent with Section 10010(b) of the SJRRSA, following a final cost 604 allocation by the Secretary upon completion of the construction of the Central Valley Project, the 605 amounts paid by the Contractor shall be subject to adjustment to reflect the effect of any 606 reallocation of Project construction costs or other capitalized costs assigned to the Contractor 607 that may have occurred between the determination of Contractor's Existing Capital Obligation 608 and the final cost allocation. In the event that the final cost allocation, as determined by the 609 Secretary, indicates that the costs properly assignable to the Contractor, as determined by the 610 Contracting Officer, are greater than the Existing Capital Obligation and other amounts of 6ll Project construction costs or other capitalized costs paid by the Contractor, then the Contractor 612 shall be obligated to pay the remaining allocated costs. The term of such additional repayment 613 contract shall be no less than one (l) year and no more than ten (10) years, however, mutually 614 agreeable provisions regarding the rate of repayment of such amount may be developed by the 615 parties. In the event that the final cost allocation, as determined by the Secretary, indicates that 616 the costs properly assignable to the Contractor, as determined by the Contracting Officer, are less 27 o
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617 than the Existing Capital Obligation and other amounts of Project construction costs or other 618 capitalizedcosts paid by the Contractor, then the Contracting Officer shall credit such 619 overpayment as an offset against any outstanding or future obligation of the Contractor, 620 consistent with the SJRRSA. This Contract shall be implemented in a manner consistent with 621 Section 10010(0 of the SJRRSA.
622 (c) Prior to July I of each Calendar Year, the Contracting Officer shall 623 provide the Contractor an estimate of the Charges for Project Water that will be applied to the 624 period October 1, of the current Calendar Year, through September 30, of the following Calendar 625 Year, and the basis for such estimate. The Contractor shall be allowed not less than two (2) 626 months to review and comment on such estimates. On or before September 15 of each Calendar 627 Year, the Contracting Officer shall notiff the Contractor in writing of the Charges to be in effect 628 during the period October 1 of the current Calendar Year, through September 30 of the following 629 Calendar Year, and such notification shall revise Exhibit "B". Charges shall be subject to 630 reduction consistent with the SJRRSA based upon the average annual delivery amount agreed to 631 by the Contracting Officer and the Contractor.
632 (l) For the years2020 through 2039 inclusive, Charges shall reflect 633 the reduction on a per acre-foot basis consistent with Section 10010(d)(1) of the SJRRSA. 634 Exhibit "D" sets forth the reduction in Charges to offset the Financing Costs as prescribed in 635 Section 10010(d)(1) of the SJRRSA; Provided, That if the Secretary determines such Charges are 636 otherwise needed, an equivalent reduction will be made to O&M costs consistent with such 637 provisions of the SJRRSA. Consistent with Section 10010(d)(1) of the SJRRSA and as shown in 638 Exhibit "D", the Friant Surcharge reduction has been calculated based upon the anticipated 639 average annual water deliveries, for the purpose of this reduction only, mutually agreed upon by 28 o
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640 the Secretary and the Contractor for the period from January 1,2020 through December 31, 641 2039. The Friant Surcharge reduction shall remain fixed and shall only be applied to Water 642 Delivered pursuant to this Contract to which the Friant Surcharge applies (including but not 643 limited to water transferred, banked, or exchanged), commencing on January T,2020 until such 644 volume of Water Delivered equals 1,020,000 acre-feet or December 31, 2039, whichever occurs 645 first.
646 (2) Further, to fully offset the Financing Costs, Contractor shall be 647 entitled to a reduction in other outstanding or future obligations of the Contractor in accordance 648 with Section 10010(d)(2) of the SJRRSA. The amount of such further reduction in outstanding 649 or future obligations of the Contractor after Octob er | , 2019 has been computed by the 650 Contracting Officer, and as computed, such amount is set forth in Exhibit "D". 651 (d) Prior to October 1 of each Calendar Year, the Contracting Officer shall 652 make available to the Contractor an estimate of the Rates for Project Water for the following 653 Year and the computations and cost allocations upon which those Rates are based. The 654 Contractor shall be allowed not less than two (2) months to review and comment on such 655 computations and cost allocations. By December 31 of each Calendar Year, the Contracting 656 Officer shall provide the Contractor with the final Rates to be in effect for the upcoming Year, 657 and such notification shall revise Exhibit "Bno. The O&M component of the Rate may be 658 reduced as provided in the SJRRSA.
659 (e) At the time the Contractor submits the initial schedule for the delivery of 660 Project Water for each Year pursuant to subdivision (b) of Article 4 of this Contract, the 661 Contractor shall make an advance payment to the United States equal to the total amount payable 662 pursuant to the applicable Rate(s) set under subdivision (a) of this Article of this Contract, for the 29 o
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663 Project Water scheduled to be delivered pursuant to this Contract during the first two (2) 664 calendar months of the Year. Before the end of the first month and before the end of each 665 calendar month thereafter, the Contractor shall make an advance payment to the United States, at 666 the Rate(s) set under subdivision (a) of this Article of this Contract, for the Water Scheduled to 667 be delivered pursuant to this Contract during the second month immediately following. 668 Adjustments between advance payments for Water Scheduled and payments at Rates due for 669 Water Delivered shall be made before the end of the following month; Provided, That any 670 revised schedule submitted by the Contractor pursuant to Article 4 of this Contract which 671 increases the amount of Water Delivered pursuant to this Contract during any month shall be 672 accompanied with appropriate advance payment, at the Rates then in effect, to assure that Project 673 Water is not delivered to the Contractor in advance of such payment. In any month in which the 674 quantity of Water Delivered to the Contractor pursuant to this Contract equals the quantity of 675 Water Scheduled and paid for by the Contractor, no additional Project Water shall be delivered 676 to the Contractor unless and until an advance payment at the Rates then in effect for such 677 additional Project Water is made. Final adjustment between the advance payments for the Water 678 Scheduled and payments for the quantities of Water Delivered during each Year pursuant to this 679 Contract shall be made as soon as practicable but no later than April30th of the following Year, 680 or sixty (60) days after the delivery of Project Water carried over under subdivision (g) of Article 681 3 of this Contract if such water is not delivered by the last day of February. 682 (0 The Contractor shall also make a payment in addition to the Rate(s) in 683 subdivision (e) of this Article of this Contract to the United States for Water Delivered, at the 684 Charges then in effect, before the end of the month following the month of delivery. The 685 payments shall be consistent with the quantities of Irrigation Water and M&I Water Delivered as 30 o
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686 shown in the water delivery report for the subject month prepared by the Contracting Officer. 687 Such water delivery report shall be the basis for payment of Charges by the Contractor, and shall 688 be provided to the Contractor by the Contracting Officer (as applicable) within five (5) days after 689 the end of the month of delivery. The water delivery report shall be deemed a bill basis for 690 payment of Charges for Water Delivered. Adjustment for overpayment or underpayment of 691 Charges shall be made through the adjustment of payments due to the United States for Charges 692 for the next month. Any amount to be paid for past due payment of Charges shall be computed 693 pursuant to Article 21 of this Contract.
694 (g) The Contractor shall pay for any Water Delivered under subdivision (d), 695 (f), or (g) of Article 3 of this Contract as determined,by the Contracting Officer pursuant to 696 applicable statutes, associated regulations, any applicable provisions of guidelines or ratesetting 697 policies; Provided, That the Rate for Water Delivered under subdivision (d) of Article 3 of this 698 Contract shall be no more than the otherwise applicable Rate for Irrigation Water or M&I Water 699 under subdivision (a) of this Article of this Contract. 700 (h) Payments to be made by the Contractor to the United States under this 70I Contract may be paid from any revenues available to the Contractor. 702 (i) All revenues received by the United States from the Contractor relating to 703 the delivery of Project Water or the delivery of non-project water through Project facilities shall 704 be allocated and applied in accordance with Federal Reclamation law and the associated ru1es or 705 regulations, the then-existing Project Ratesetting policies for M&I Water and consistent with the 706 SJRRSA.
707 0) The Contracting Officer shall keep its accounts, pertaining to the 708 administration of the financial terms and conditions of its long-term contracts, in accordance 3l
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709 with applicable Federal standards so as to reflect the application of Project costs and revenues. 7I0 The Contracting Officer shall, each Year upon request of the Contractor, provide to the 7II Contractor a detailed accounting of all Project and Contractor expense allocations, the 712 disposition of all Project and Contractor revenues, and a summary of all water delivery 7I3 information. The Contracting Officer and the Contractor shall enter into good faith negotiations 7I4 to resolve any discrepancies or disputes relating to accountings, reports, or information. 7I5 (k) The parties acknowledge and agree that the efficient administration of this 716 Contract is their mutual goal. Recognizngthat experience has demonstrated that mechanisms, 717 policies, and procedures used for establishing Rates, Charges, and/or for making and allocating 718 payments, other than those set forth in this Article of this Contract, may be in the mutual best 719 interest of the parties, it is expressly agreed that the parties may enter into agreements to modiff 720 the mechanisms, policies, and procedures for any of those purposes while this Contract is in 721 effect without amendine this Contract.
722 0) U, Omitted.
723 (2) Omitted.
724 (3) Omitted.
725 (m) Rates under the respective ratesetting policies will be established to 726 recover only reimbursable O&M (including any deficits) costs of the Project, as those terms are 727 used in the then-existing Project ratesetting policies, and consistent with the SJRRSA, and 728 interest, where appropriate; except in instances where a minimum Rate is applicable in 729 accordance with the relevant Project ratesetting policy. Changes of significance in practices 730 which implement the Contracting Officer's ratesetting policies will not be implemented until the 32 o
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Contracting Officer has provided the Contractor an opportunity to discuss the nature, need, and impact of the proposed change.
(n) Except as provided in subsections 3405(a)(1)(B) and 3405(0 of the CVPIA, the Rates for Project Water transferred by the Contractor shall be the Contractor's Rates adjusted upward or downward to reflect the changed costs of delivery (if any) incuned by the Contracting Officer in the delivery of the transferred Project Water to the transferee's point of delivery in accordance with the then-existing Central Valley Project Ratesetting Policy.

NON-INTEREST BEARING OPERATION AND MAINTENANCE DEFICITS

8. RECOVERED WATER ACCOUNT

9. (a) Notwithstanding any other provisions of this Contract, water delivered to the Contractor under its Recovered Water Account as provided atParagraph 16(b) of the Settlement and affirmed by Section 1000a(a)(5) of the SJRRSA shall be at the total cost of $10.00 per acre foot. Recovered Water Account water provided to the Contractor shall be administered at a priority for delivery lower than Class 2Water and higher than Section2l5 Water.
(b) The manner in which the Recovered Water Account will be administered will be developed in accordance with subdivision (k) of Article 7 of this Contract, the SJRRSA, and Paragraph 16 of the Settlement.

SALES" TRANSFERS. AND EXCHANGES OF WATER

10. (a) The right to receive Project Water provided for in this Contract may be sold, transferred, or exchanged to others for reasonable and beneficial uses within the State of California if such sale, transfer, or exchange is authorizedby applicable Federal and State laws, 33 o
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754 and applicable guidelines or regulations then in effect. No sale, transfer, or exchange of Project 755 Water under this Contract may take place without the prior written approval of the Contracting 756 Officer, except as provided for in subdivisions (b) and (c) of this Article of this Contract. No 757 such Project Water sales, transfers, or exchanges shall be approved, where approval is required, 758 absent compliance with appropriate environmental documentation including but not limited to 759 the National Environmental Policy Act and the Endangered Species Act. Such environmental 760 documentation must include, as appropriate, ananalysis of groundwater impacts and economic 761 and social effects, including environmental justice, of the proposed Project Water sales, transfers 762 and exchanges on both the transferor/exchanger and transferee/exchange recipient. 763 (b) In order to facilitate efficient water management by means of Project 764 Water sales, transfers, or exchanges of the type historically carried out among Project 765 Contractors located within the same geographical area and to allow the Contractor to participate 766 in an accelerated water transfer program, the Contracting Officer has prepared, as appropriate, 767 necessary environmental documentation including, but not limited to, the National 768 Environmental Policy Act and the Endangered Species Act analyzingawrlual Project Water sales, 769 transfers, or exchanges among Contractors within the same geographical arca and the 170 Contracting Officer has determined that such Project Water sales, transfers, and exchanges 771 comply with applicable law.
772 (c) Project Water sales, transfers, and exchanges analyzed in the 773 environmental documentation referenced in subdivision (b) of this Article of this Contract, shall 774 be cbnducted with advance notice to the Contracting Officer and the Contracting Officer's 775 written acknowledgement of the transaction, but shall not require prior written approval by the 776 ContractingOfficer.
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777 (d) For Project Water sales, transfers, or exchanges to qualifr under 778 subdivision (b) of this Article of this Contract such Project Water sale, transfer, or exchange 779 must: (i) be for irrigation purposes for lands irrigated within the previous three (3) years, for 780 M&I use, groundwater recharge, groundwater banking, similar groundwater activities, surface 781 water storage, or fish and wildlife resources; not lead to land conversion; and be delivered to 782 established cropland, wildlife refuges, groundwater basins or M&I use; (ii) occur within a single 783 Year; (iii) occur between a willing seller and a willing buyer or willing exchangers; (iv) convey 784 water through existing facilities with no new construction or modifications to facilities and be 185 between existing Project Contractors and/or the Contractor and the United States, Department of 786 the Interior; and (v) comply with all applicable Federal, State, and local or tribal laws and 787 requirements imposed for protection of the environment and Indian Trust Assets, as defined 788 under Federal law.
789 (e) The environmental documentation and the Contracting Offtcer's 790 compliance determination for transactions described in subdivision (b) of this Article of this 791 Contract shall be reviewed every five (5) years and updated, as necessary, prior to the expiration 792 of the then-existing five (5) year period. All subsequent environmental documentation shall 793 include an alternative to evaluate not less than the quantity of Project Water historically sold, 794 transferred, or exchanged within the same geographical area. 7g5 (f) Consistent with Section 10010(e)(l) of the SJRRSA, any agreement 796 providing for sale, transfer, or exchange of Project Water that is not used for interim flows or 797 restoration flows pursuant to Paragraphs 13 and 15 of the Settlement, shall be deemed to satisfy 798 the requirements of CVPIA section 3a05(a)(1)(A) and (I); Provided, That such sales, transfers, or 799 exchanges comply with sub-division (f)(1) and (f)(2) below. 35 o
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800 (1) Project Water sales, transfers, and exchanges conducted under the 801 provisions of subdivision (f) of this Article of this Contract shall not require the Contracting 802 Officer's concunence as to compliance with CVPIA 3a05(a)(1)(A) and (I); Provided. That the 803 Contractor shall, for Project Water sales, transfers, or exchanges, with a term greater than one (1) 804 year, provide ninety (90) days written advance notification to the Contracting Officer and 805 similarly thirty (30) days written advance notification of any Project Water sale, transfer, or 806 exchange with a term of less than one (1) year. The Contracting Officer shall promptly make 807 such notice publicly available.
808 (2) The Contractor's thirty (30) days or ninety (90) days advance 809 written notification pursuant to subdivision (f)(l) of this Article of this Contract shall explain 810 how the proposed Project Water sales; transfers, or exchanges are intended to reduce, avoid, or 811 mitigate impacts to Project Water deliveries caused by interim or restoration flows or is 8I2 otherwise intended to facilitate the Water Management Goal as described in the SJRRSA. The 813 Contracting Officer shall promptly make such notice publicly available. 814 (3) In addition, the Contracting Officer shall, at least annually, make 815 available publicly a compilation of the number of Project Water sales, transfers, and exchange 816 agreements implemented in accordance with sub-divisions (f)(1) and (f)(2) of this Article of this 817 Contract.
818 (4) Project Water sold, transferred, or exchanged under an agreement 819 that meets the terms of subdivisions (f)(1) and (f)(2) of this Article of this Contract shall not be 820 counted as a replacement or an offset for purposes of determining reductions to Project Water 821 deliveries to any Friant Division Project Contractor except as provided in Paragraph 16(b) of the 822 Settlement.
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823 (g) Notwithstanding any Additional Capital Obligation that may later be 824 established, in the case of a sale or transfer of Irrigation Water to another contractor which is 825 otherwise subject to the acreage limitations, reporting, and Full Cost pricing provisions of the 826 RRA, such sold or transferred Irrigation Water shall not be subject to such RRA provisions, 827 however, in the case of a sale or transfer of Irrigation Water to the Contractor from another 828 contractor which is subject to RRA provisions, such RRA provisions shall apply to delivery of 829 such water.
830 APPLICATION OF PAYMENTS AND ADruSTMENTS
831 11. (a) The amount of any overpayment by the Contractor of the Contractor's 832 O&M, Capital, and deficit (if any) obligations for the Year shall be applied first to any current 833 liabilities of the Contractor arising out of this Contract then due and payable. Overpayments of 834 more than One Thousand Dollars ($1,000) shall be refunded at the Contractor's request. In lieu 835 of a refund, any amount of such overpayment, at the option of the Contractor, may be credited 836 against amounts to become due to the United States by the Contractor. With respect to 837 overpayment, such refrrnd or adjustment shall constitute the sole remedy of the Contractor or 838 anyone having or claiming to have the right to the use of any of the Project Water supply 839 provided for herein. All credits and refunds of overpayments shall be made within thirty (30) 840 days of the Contracting Officer obtaining direction as to how to credit or refund such 841 overpaynent in response to the notice to the Contractor that it has finalized the accounts for the 842 Year in which the overpayment was made.
843 (b) All advances for miscellaneous costs incurred for work requested by the 844 Contractor pursuant to Article 26 of this Contract shall be adjusted to reflect the actual costs 845 when the work has been completed. If the advances exceed the actual costs incurred, the 37 o
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846 difference will be refunded to the Contractor. If the actual costs exceed the Contractor's 847 advances, the Contractor will be billed for the additional costs pursuant to Article 26 of this 848 Contract.
849 TEMPORARY REDUCTIONS-RETURN FLOWS
850 12. (a) The Contracting Officer shall make all reasonable efforts to optimize 851 delivery of the Contract Total subject to: (i) the authorized purposes and priorities of the Project; 852 (ii) the requirements of Federal law and the Settlement; and (iii) the obligations of the United 853 States under existing contracts, or renewals thereof, providing for water deliveries from the 854 Project.
855 (b) The Contracting Officer or Operating Non-Federal Entity may temporarily 856 discontinue or reduce the quantity of Water Delivered to the Contractor as herein provided for 857 the purposes of investigation, inspection, maintenance, repair, or replacement of any of the 858 Project facilities or any part thereof necessary for the delivery of Project Water to the Contractor, 859 but so far as feasible the Contracting Officer or Operating Non-Federal Entity will give the 860 Contractor due notice in advance of such temporary discontinuance or reduction, except in case 861 of emergency, in which case no notice need be given; Provided, That the United States shall use 862 its best efforts to avoid any discontinuance or reduction in such service. Upon resumption of 863 service after such reduction or discontinuance, and if requested by the Contractor, the United 864 States will, if possible, deliver the quantity of Project Water which would have been delivered 865 hereunder in the absence ofsuch discontinuance or reduction. 866 (c) The United States reserves the right to all seepage and return flow water 867 derived from Water Delivered to the Contractor hereunder which escapes or is discharged 868 beyond the Contractor's Service Area; Provided, That this shall not be construed as claiming for 38 o
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869 the United States any right as seepage or return flow to water being used pursuant to this 870 Contract for surface irrigation or underground storage either being put to reasonable and 871 beneficial use pursuant to this Contract within the Contractor's Service Area by the Contractor or 872 those claiming by, through, or under the Contractor. For purposes of this subdivision, 873 groundwater recharge, groundwater banking and all similar groundwater activities will be 874 deemed to be underground storage.
875 CONSTRAINTS ON THE AVAILABILITY OF WATER
876 13. (a) In its operation of the Project, the Contracting Off,rcer will use all 877 reasonable means to guard against a Condition of Shortage in the quantity of water to be made 878 available to the Contractor pursuant to this Contract. In the event the Contracting Officer 879 determines that a Condition of Shortage appears probable, the Contracting Officer will notify the 880 Contractor of said determination as soon as practicable. 881 (b) If there is a Condition of Shortage because of errors in physical operations 882 of the Project, drought, other physical causes beyond the control of the Contracting Officer or 883 actions taken by the Contracting Ofhcer to meet legal obligations, including but not limited to 884 obligations pursuant to the Settlement then, except as provided in Article 19 of this Contract, no 885 liability shall accrue against the United States or any of its offrcers, agents, or employees for any 886 damage, direct or indirect, arising therefrom.
887 (c) The United States shall not execute contracts which together with this 888 Contract, shall in the aggregate provide for furnishing Class I Water in excess of 800,000 889 acre-feet per Year or Class 2Water in excess of 1,40I,475 acre-feet per Year; Provided, That, 890 subject to subdivision (l) of Article 3 of this Contract, the limitation placed on Class 2Water 891 contracts shall not prohibit the United States from entering into temporary contracts of one year 39 o
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892 or less in duration for delivery of Project Water to other entities if such water is not necessary to 893 meet the schedules as may be submitted by all Friant Division Project Contractors entitled to 894 receive Class I Water and/or Class 2 Water under their contracts. Nothing in this subdivision 895 shall limit the Contracting Officer's ability to take actions that result in the availability of new 896 water supplies to be used for Project purposes and allocating such new supplies; Provided. That 897 the Contracting Officer shall not take such actions until after consultation with the Friant 898 Division Project Contractors.
899 (d) The Contracting Offrcer shall not deliver any Class 2Water pursuant to 900 this or any other contract heretofore or hereafter entered into any Year unless and until the 901 Contracting Officer determines that the cumulative total quantity of Class 1 Water specified in 902 subdivision (c) of this Articie of this Contract will be available for delivery in said Year. If the 903 Contracting Officer determines there is or will be a shortage in any Year in the quantity of 904 Class I Water available for delivery, the Contracting Officer shall apportion the available Class I 905 Water among all Contractors entitled to receive such water that will be made available at Friant 906 Dam in accordance with the following:
907 (1) A determination shall be made of the total quantity of Class 1 908 Water at Friant Dam which is available for meeting Class I Water contractual commitments, the 909 amount so determined being herein referred to as the available supply. 910 (2) The total available Class I supply shall be divided by the Class I 911 Water contractual commitments, the quotient thus obtained being herein referred to as the 912 Class 1 apportionment coeffrcient.
9I3 (3) The total quantity of Class 1 Water under Article 3 of this Contract 914 shall be multiplied by the Class 1 apportionment coefficient and the result shall be the quantity of 40 o
Contrac tNo. 14-06-200-8901D
915 Class I Water required to be delivered by the Contracting Officer to the Contractor for the 916 respective Year, but in no event shall such amount exceed the total quantity of Class I Water 917 specified in subdivision (a) of Article 3 of this Contract. 918 (e) If the Contracting Officer determines there is less than the quantity of 919 Class 2 Water which the Contractor otherwise would be entitled to receive pursuant to Article 3 920 of this Contract, the quantity of Class 2Water which shall be furnished to the Contractor by the 921 Contracting Officer will be determined in the manner set forth in paragraphs (1), (2), and (3), of 922 subdivision (d) of this Article of this Contract substituting the term "Class 2" for the term "Class 923 l;'
924 (f) In the event that in any Year there is made available to the Contractor, by 925 reason of any shortage or apportionment as provided in subdivisions (a), (d), or (e) of this Article 926 of this Contract, or any discontinuance or reduction of service as set forth in subdivision (b) of 927 Article 12 of this Contract, less than the quantity of water which the Contractor otherwise would 928 be entitled to receive hereunder, there shall be made an adjustment on account of the amounts 929 already paid to the Contracting Officer by the Contractor for Class I Water and Class 2Water 930 for said Year in accordance with Article l1 of this Contract. 931
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UNAVOIDABLE GROUNDWATER PERCOLATION

14. Omitted.

ACREAGE LIMITATION

15. Omitted.

RULES. REGULATIONS. AND DETERMINATIONS

16. (a) The parties agree that the delivery of water or the use of Federal facilities 937 pursuant to this Contract is subject to Federal Reclamation law, as amended and supplemented, 938 and the rules and regulations promulgated by the Secretary of the Interior under Federal 939 Reclamation law.
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940 (b) The Contracting Officer shall have the right to make determinations 941 necessary to administer this contract that are consistent with its provisions, the laws of the United 942 States and the State of California, and the rules and regulations promulgated by the Secretary of 943 the Interior. Such determinations shall be made in consultation with the Contractor. 944 (c) The terms of this Contract are subject to the Settlement and the SJRRSA.

Nothing in this Contract shall be interpreted to limit or interfere with the full implementation of the Settlement and the SJRRSA.

PROTECTION OF WATER AND AIR OUALITY

17. (a) Project facilities used to make available and deliver water to the Contractor shall be operated and maintained in the most practical manner to maintain the quality of the water at the highest level possible as determined by the Contracting Officer: Provided.

That the United States does not warrant the quality of the water delivered to the Contractor and is under no obligation to furnish or construct water treatment facilities to maintain or improve the quality of water delivered to the Contractor.
(b) The Contractor shall comply with all applicable water 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 necessary for the delivery of water by the Contractor; and shall be responsible for compliance with all Federal, State, and local water quality standards applicable to surface and subsurface drainage and,/or discharges generated through the use of Federal or Contractor facilities or project water provided by the Contractor within the Contractor's Project Water Service Area. 945
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961 (c) This article shall not affect or alter any legal obligations of the Secretary 962 to provide drainage or other discharge services.
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WATER ACOUIRED BY THE CONTRACTOR

OTHER THAN FROM THE UNITED STATES

18. (a) Omitted.
(b) Notwithstanding any Additional Capital Obligation that may later be established, water or water rights now owned or hereafter acquired by the Contractor other than from the United States pursuant to this Contract and Irrigation Water furnished pursuant to the terms of this Contract may be simultaneously transported through the same distribution facilities of the Contractor without the payment of fees to the United States and without application of 965
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Federal Reclamation law to Water Delivered pursuant to this Contract or to lands which receive Water Delivered to Contractor pursuant to this Contract. (c) Water or water rights now owned or hereafter acquired by the Contractor, other than from the United States or adverse to the Project or its conhactors (i.e., non-project water), may be stored, conveyed and.ior diverted through Project facilities, other than Friant Division Facilities, subject to the completion of appropriate environmental documentation, with the approval of the Contracting Officer and the execution of any contract determined by the Contracting Officer to be necessary, consistent with the following provisions:
(l) The Contractor may introduce non-project water into Project facilities and deliver said water to lands within the Contractor's Service Area subject to payment to the United States and/or to any applicable Operating Non-Federal Entity of an appropriate rate as determined by the Contracting Officer. In addition, if electrical power is required to pump non-project water, the Contractor shall be responsible for obtaining the necessary power and paying the necessary charges therefor.
(2) Delivery of such non-project water in and through Project facilities shall only be allowed to the extent such deliveries do not (i) interfere with other Project purposes as determined by the Contracting Officer; (ii) reduce the quantity or quality of water available to other Project Contractors; (iii) interfere with the delivery of contractual water entitlements to any other Project Contractors; (iv) interfere with the physical maintenance of the Project facilities; or (v) result in the United States incurring any liability or unreimbursed costs or expenses thereby.
(3) Neither the United States nor the Operating Non-Federal Entity shall be responsible for control, care or distribution of the non-project water before it is 43 o
Contract No. 14-06-200-8901D
994 introduced into or after it is delivered from the Project facilities. The Contractor hereby releases gg5 and agrees to defend and indemnit/ the United States and the Operating Non-Federal Entity, and 996 their respective officers, agents, and employees, from any claim for damage to persons or 997 property, direct or indirect, resulting from Contractor's diversion or extraction of non-project 998 water from anv source.
999 (4) Diversion of such non-project water into Project facilities shall be 1000 consistent with all applicable laws, and if involving groundwater, consistent with any 1001 groundwater management plan for the area from which it was extracted. 1002 (5) After Project purposes are met, as determined by the Contracting 1003 Officer, the United States and the Contractor shall share priority to utilize the remaining capacity 1004 of the facilities declared to be available by the Contracting Officer for conveyance and 1005 transportation of non-project water prior to any such remaining capacity being made available to 1006 non-projectcontractors.
1007 (d) Non-project water may be stored, conveyed and/or diverted through Friant 1008 Division Facilities, subject to the prior completion of appropriate environmental documentation 1009 and approval of the Contracting Officer without execution of a separate contract, consistent with 1010 subdivisions (c)(1) through (c)(5) of this Article and any other condition determined to be 1011 appropriate by the Contracting Officer.

IOT2 OPINIONS AND DETERMINATIONS
1013 19. Where the terms of this Contract provide for actions to be based upon the opinion 1014 or determination of either party to this Contract, said terms shall not be construed as permitting 1015 such action to be predicated upon arbitrary, capricious, or uffeasonable opinions or 1016 determinations. Both parties, notwithstanding any other provisions of this Contract, expressly 44 o
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reserve the right to seek relief from and appropriate adjustment for any such arbltrary, capricious, or unreasonable opinion or determination. Each opinion or determination by either party shall be provided in a timely manner. Nothing in this Article of this Contract is intended to or shall affect or alter the standard ofjudicial review applicable under Federal law to any opinion or determination implementing a specific provision of Federal law embodied in statute or regulation.

COORDINATION AND COOPERATION

20. (a) In order to further their mutual goals and objectives, the Contracting Officer and the Contractor shall communicate, coordinate, and cooperate with each other, and with other affected Project Contractors, in order to improve the operation and management of the Project. The communication, coordination, and cooperation regarding operations and managernent shall include, but not limited to, any action which will or may materially affect the quantity or quality of Project Water supply, the allocation of Project Water supply, and Project financial matters including, but not limited to, budget issues. The communication, coordination, and cooperation provided for hereunder shall extend to all provisions of this Contract. Each party shall retain exclusive decision making authority for all actions, opinions, and determinations to be made by the respective party.
(b) It is the intent of the Secretary to improve water supply reliability. To carry out this intent:
(l) The Contracting Officer will, at the request of the Contractor, assist in the development of integrated resource management plans for the Contractor. Further, the Contracting Officer will, as appropriate, seek authorizations for implementation of parhrerships to improve water supply, water quality, and reliability. 45 o
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(2) The Secretary will, as appropriate, pursue program and project implementation and authorization in coordination with Project Contractors to improve the water supply, water quality, and reliabilify of the Project for all Project purposes. . (3) The Secretary will coordinate with Project Contractors and the State of California to seek improved water resource management. (4) The Secretary will coordinate actions of agencies within the Department of the Interior that may impact the availability of water for Project purposes. (5) The Contracting Officer shall periodically, but not less than annually, hold division level meetings to discuss Project operations, division level water management activities, and other issues as appropriate. (c) Without limiting the contractual obligations of the Contracting Officer hereunder, nothing in this Contract shall be construed to limit or constrain the Contracting Officer's ability to communicate, coordinate, and cooperate with the Contractor or other interested stakeholders or to make decisions in a timely fashion as needed to protect health, safety, physical integrity of structures or facilities, or the Contracting Officer's ability to comply with applicable laws.

CHARGES FOR DELINOUENT PAYMENTS

21. (a) The Contractor shall be subject to interest, administrative and penalty charges 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.
(b) The interest charge rate shall be the greater of the rate prescribed quarterly in the Federal Register by the Department of the Treasury for application to overdue payments, 46 No. 14-06-200-8901D
1068 or the interest rate of one-half of one (0.5) percent per month prescribed by Section 6 of the 1069 Reclamation Project Act of 1939 (Public Law 76-260). The interest charge rate shall be 1070 determined as of the due date and remain fixed for the duration of the delinquent period.

I07l (c) When apartialpayment on a delinquent account is received, the amount 1072 received shall be applied, first to the penalty, second to the administrative charges, third to the 1073 accrued interest, and finally to the overdue payment. o
ontract

EOUAL EMPLOYMENT OPPORTLINITY

22. During the performance of this Contract, the Contractor agrees as follows:
1076 (a) The Contractor will not discriminate against any employee or applicant for 1077 employment because of race, color, religion, sex, disability, or national origin. The Contractor 1078 will take affirmative action to ensure that applicants are employed, and that employees are 1079 treated during employment, without regard to their race, color, religion, sex, disability, or 1080 national origin. Such action shall include, but not be limited to the following: employment, 1081 upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; 1082 rates of pay or other forms of compensation; and selection for training, including apprenticeship. 1083 The Contractor agrees to post in conspicuous places, available to employees and applicants for 1084 employment, notices to be provided by the Contracting Officer setting forth the provisions of this 1085 nondiscriminationclause.
1086 (b) The Contractor will, in all solicitations or advertisements for employees 1087 placed by or on behalf of the Contractor, state that all qualified applicants will receive 1088 consideration for employment without regard to race, color, religion, sex, disability, or national 1089 origin.
1090 (c) The Contractor will send to each labor union or representative of workers 1091 with which it has a collective bargaining agreement or other contract or understanding, a notice, 1092 to be provided by the Contracting Officer, advising the labor union or workers' representative of 1093 the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1094 1965, and shall post copies of the notice in conspicuous places available to employees and 1095 applicants for employment.
1096 (d) The Contractor will comply with all provisions of Executive OrderNo. 1097 11246 of September 24,1965, and of the rules, regulations, and relevant orders of the Secretary 1098 ofLabor.
1099 (e) The Contractor will furnish all information and reports required by 1100 Executive Order 11246 of September 24,1965, and by the rules, regulations, and orders of the 1101 Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and ll02 accounts by the Contracting Agency and the Secretary of Labor for purposes of investigation to 1103 ascertain compliance with such rules, regulations, and orders. r074
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ll04 (D In the event of the Contractor's noncompliance with the nondiscrimination I105 clauses of this contract or with any of such rules, regulations, or orders, this contract may be 1106 canceled, terminated or suspended in whole or in part and the Contractor may be declared ll07 ineligible for further Government contracts in accordance with procedures authorized in 1108 Executive Order 11246 of September 24,1965, and such other sanctions may be imposed and 1109 remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by rule, 1110 regulation, or order of the Secretary of Labor, or as otherwise provided by law. 1111 (g) The Contractor will include the provisions of paragraphs (1) through (7) in lll2 every subcontract or purchase order unless exempted by the rules, regulations, or orders of the I I 13 Secretary of Labor issued pursuant to Section 204 of Executive Order 1t246 of September 24, lll4 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor 1115 will take such action with respect to any subcontract or purchase order as may be directed by the I I 16 Secretary of Labor as a means of enforcing such provisions, including sanctions for lllT noncompliance: Provided. however, that in the event the Contractor becomes involved in, or is I I 18 threatened with, litigation with. a subcontractor or vendor as a result of such direction, the 1119 Contractor may request the United States to enter into such litigation to protect the interests of lI20 the United States.
tt21 GENERAL OBLIGATION-BENEFITS CONDITIONED UPON PAYMENT ll22 23. (a) The obligation of the Contractor to pay the United States as provided in ll23 this Contract is a general obligation of the Contractor notwithstanding the manner in which the ll24 obligation may be distributed among the Contractor's water users and notwithstanding the ll25 default of individual water users in their obligations to the Contractor. 1126 (b) The payment of charges becoming due hereunder is a condition precedent ll27 to receiving benefits under this Contract. The United States shall not make water available to the ll28 Contractor through Project facilities during any period in which the Contractor may be in arrears Ll29 in the advance payment of water rates due the United States. The Contractor shall not furnish 1130 water made available pursuant to this Contract for lands or parties which are in arears in the 1 I 3 1 advance payment of water rates levied or established by the Contractor. rt32
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(c) With respect to subdivision (b) of this Article of this Contract, the Contractor shall have no obligation to require advance payment for water rates which it levies.

COMPLIANCE WITH CIVIL RIGHTS LAWS AND REGULATIONS
1135 24. (a) The Contractor shall comply with Title VI of the Civil Rights Act of 1964 1136 (42 U.S.C. 2000d), Section 504 of the Rehabilitation Act of 1975 (P.L. 93-112, as amended), the Il37 Age Discrimination Act of 1975 (42 U.S.C. 6101, et seq.) and any other applicable civil rights 1138 laws, as well as with their respective implementing regulations and guidelines imposed by the 1139 U.S. Department of the Interior and/or Bureau of Reclamation. 48 o
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(b) These statutes require that no person in the United States shall, on the grounds 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 ofhcials of the United States to inspect premises, programs, and documents. (c) The Contractor makes this agreement in consideration of and for the purpose of 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.

PRIVACY ACT COMPLIANCE

25. Omitted.

CONTRACTOR TO PAY CERTAIN MISCELLANEOUS COSTS

26. In addition to all other payments to be made by the Contractor pursuant to this Contract, the Contractor shall pay to the United States, within sixty (60) days after receipt of a bill and detailed statement submitted by the Contracting Officer to the Contractor for such specif,rc items of direct cost incurred by the United States for work requested by the Contractor associated with this Contract plus indirect costs in accordance with applicable Bureau of Reclamation policies and procedures. All such amounts referred to in this Article of this Contract shall not exceed the amount agreed to in writing in advance by the Contractor. This Article of this Contract shall not apply to costs for routine contract administration.

WATER CONSERVATION

27. (a) Prior to the delivery of water provided from or conveyed through Federally constructed or Federally financed facilities pursuant to this Contract, the Contractor shall be implementing an effective water conservation and efficiency program based on the 49 o
Contract No. 14-06-200-8901D
1169 Contractor's water conservation plan that has been determined by the Contracting Officer to ll70 meet the conservation and efficiency criteria for evaluating water conservation plans established IITI under Federal law. The water conservation and efficiency program shall contain definite water ll72 conservation objectives, appropriate economically feasible water conservation measures, and ll73 time schedules for meeting those objectives. Continued Project Water delivery pursuant to this IL74 Contract shall be contingent upon the Contractor's continued implementation of such water lll5 conservation program. In the event the Contractor's water conservation plan or any revised 1176 water conservation plan completed pursuant to subdivision (d) of this Article of this Contract ll77 have not yet been determined by the Contracting Officer to meet such criteria, due to I178 circumstances which the Contracting Officer determines are beyond the control of the ll79 Contractor, water deliveries shall be made under this Contract so long as the Contractor 1180 diligently works with the Contracting Officer to obtain such determination at the earliest 1181 practicable date, and thereafter the Contractor immediately begins implementing its water II82 conservation and efficiency program in accordance with the time schedules therein. 1183 (b) Should the amount of M&I Water Delivered pursuant to subdivision (a) of I 184 Article 3 of this Contract equal or exceed two thousand (2,000) acre-feet per Year, the 1185 Contractor shall implement the Best Management Practices identified by the time frames issued 1186 by the California Urban Water Conservation Council for such M&I Water unless any such ll87 practice is determined by the Contracting Officer to be inappropriate for the Contractor. 1188 (c) The Contractor shall submit to the Contracting Officer a report on the 1189 status of its implementation of the water conservation plan on the reporting dates specified in the 1190 then-existing conservation and efficiency criteria established under Federal law. 50 o
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lI9l (d) At five (5) -year intervals, the Contractor shall revise its water ll92 conservation plan to reflect the then-existing conservation and efficiency criteria for evaluating 1193 water conservation plans established under Federal law and submit such revised water lI94 management plan to the Contracting Officer for review and evaluation. The Contracting Officer 1195 will then determine if the water conservation plan meets Reclamation's then-existing 1196 conservation and efficiency criteria for evaluating water conservation plans established under ll97 Federal law.
1198 (e) If the Contractor is engaged in direct groundwater recharge, such activity Tl99 shall be described in the Contractor's water conservation plan.

I2OO EXISTING OR ACOUIRED WATER OR WATER RIGHTS
l20l 28. Except as specifically provided in Article 18 of this Contract, the provisions of 1202 this Contract shall not be applicable to or affect non-project water or water rights now owned or 1203 hereafter acquired by the Contractor or any user of such water within the Conffactor's Service 1204 Area. Any such water shall not be considered Project Water under this Contract. In addition, 1205 this Contract shall not be construed as limiting or curtailing any rights which the Contractor or 1206 any water user within the Contractor's Service Area acquires or has available under any other 1207 contract pursuant to Federal Reclamation law.

I2O8 OPERATION AND MAINTENANCE BY OPERATING NON-FEDERAL ENTITY 1209 29. (a) The O&M of a portion of the Project facilities which serve the Contractor, l2l0 and responsibility for funding a portion of the costs of such O&M, have been transferred to the l2II. Operating Non-Federal Entity by separate agreement between the United States and the l2l2 Operating Non-Federal Entity. That separate agreement shall not interfere with or affect the l2l3 rights or obligations of the Contractor or the United States hereunder. 51 o
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l2l4 (b) The Contracting Officer has previously notified the Contractor in writing l2l5 that the O&M of a portion of the Project facilities which serve the Contractor has been 1216 transferred to the Operating Non-Federal Entity, and therefore, the Contractor shall pay directly l2l7 to the Operating Non-Federal Entity, or to any successor approved by the Contracting Officer l2l8 under the terms and conditions of the separate agreement between the United States and the 1219 Operating Non-Federal Entity described in subdivision (a) of this Article of this Contract, all 1220 rates, charges or assessments of any kind, including any assessment for reserve funds, which the l22l Operating Non-Federal Entity or such successor determines, sets or establishes for (i) the O&M 1222 of the portion of the Project facilities operated and maintained by the Operating Non-Federal 1223 Entity or such successor, or (ii) the Friant Division's share of the operation, maintenance and 1224 replacement costs for physical works and appurtenances associated with the Tracy Pumping 1225 Plant, the Delta-Mendota Canal, the O'Neill Pumping/Generating Plant, the federal share of the 1226 O'Neill Forebay, the Mendota Pool, and the federal share of San Luis Unit joint use conveyance 1227 and conveyance pumping facilities. Such direct payments to the Operating Non-Federal Entity 1228 or such successor shall not relieve the Contractor of its obligation to pay directly to the United 1229 States the Contractor's share of the Project Rates and Charges, except to the extent the Operating 1230 Non-Federal Entity collects payments on behalf of the United States in accordance with the I23I separate agreement identified in subdivision (a) of this Article of this Contract. 1232 (c) For so long as the O&M of any portion of the Project facilities serving the 1233 Contractor is performed by the Operating Non-Federal Entity, or any successor thereto, the 1234 Contracting Officer shall adjust those components of the Rates for Water Delivered under this 1235 Contract representing the cost associated with the activity being performed by the Operating 1236 Non-Federal Entitv or its successor.
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(d) In the event the O&M of the Project facilities operated and maintained by the Operating Non-Federal Entity is re-assumed by the United States during the term of this Contract, the Contracting Officer shall so notiff the Contractor, in writing, and present to the Contractor a revised Exhibit'oB" which shall include the portion of the Rates to be paid by the Contractor for Project Water under this Contract representing the O&M costs of the portion of such Project facilities which have been re-assumed. The Contractor shall, thereafter, in the absence of written notification from the Contracting Officer to the contrary, pay the Rates and Charges specified in the revised Exhibit "B" directly to the United States in compliance with Article 7 of this Contract.

CONTINGENT ON APPROPRIATION OR ALLOTMENT OF FTINDS

30. The expenditure or advance of any money or the performance of any obligation of the 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.

BOOKS. RECORDS. AND REPORTS

31. (a) The Contractor shall establish and maintain accounts and other books and 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; the water users' land-use (crop census), land ownership, land-leasing and 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. (b) Notwithstanding the provisions of subdivision (a) of this Article of this Contract, no books, records, or other information shall be requested from the Contractor by the Contracting Officer unless such books, records, or information are reasonably related to the 53 o
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1265 administration or perfotmance of this Contract. Any such request shall allow the Contractor a 1266 reasonable period of time within which to provide the requested books, records, or information. 1267 (c) At such time as the Contractor provides information to the Contracting 1268 Officer pursuant to subdivision (a) of this Article of this Contract, a copy of such information 1269 shall be provided to the Operating Non-Federal Entity.

I27O ASSIGNMENT LIMITED-SUCCESSORS AND ASSIGNS OBLIGATED l27l 32. (a) The provisions of this Contract shall apply to and bind the successors and 1272 assigns of the parties hereto, but no assignment or transfer of this Contract or any right or interest 1273 therein shall be valid until approved in writing by the Contracting Officer. 1274 (b) The assignment of any right or interest in this Contract by either party 1275 shall not interfere with the rights or obligations of the other party to this Contract absent the I276 written concuffence of said other party.
1277 (c) The Contracting Officer shall not unreasonably condition or withhold 1278 approval of any proposed assignment.

T279 SEVERABILITY
1280 33. In the event that a person or entity who is neither (i) a party to a Project contract, l28l nor (ii) a person or entity that receives Project Water from a party to a Project contract, nor 1282 (iii) an association or other form of organizalion whose primary function is to represent parties to 1283 Project contracts, brings an action in a court of competent jurisdiction challenging the legality or 1284 enforceability of a provision included in this Contract and said person, entity, association, or 1285 organization obtains a final court decision holding that such provision is legally invalid or 1286 unenforceable and the Contractor has not intervened in that lawsuit in support of the plaintiff(s), 1287 the parties to this Contract shall use their best efforts to (i) within thirty (30) days of the date of 1288 such final court decision identifu by mutual agreement the provisions in this Contract which 54 o
Contrac t No. l4-06-200-8901D
1289 must be revised and (ii) within three (3) months thereafter promptly agree on the appropriate l2g0 revision(s). The time periods specified above may be extended by mutual agreement of the l29I parties. Pending the completion of the actions designated above, to the extent it can do so 1292 without violating any applicable provisions of law, the United States shall continue to make the 1293 quantities of Project Water specified in this Contract available to the Contractor pursuant to the 1294 provisions of this Contract which were not found to be legally invalid or unenforceable in the 1295 final court decision.
1296 RESOLUTION OF DISPUTES
l2g7 34. Should any dispute arise concerning any provisions of this Contract, or the l2g} parties' rights and obligations thereunder, the parties shall meet and confer in an attempt to 1299 resolve the dispute. Prior to the Contractor commencing any legal action, or the Contracting 1300 Officer referring any matter to Department of Justice, the party shall provide to the other party 1301 thirty (30) days written notice of the intent to take such action; Provided, That such notice shall 1302 not be required where a delay in commencing an action would prejudice the interests of the party 1303 that intends to file suit. During the thirty (30) day notice period, the Contractor and the 1304 Contracting Officer shall meet and confer in an attempt to resolve the dispute. Except as 1305 specifically provided, nothing herein is intended to waive or abridge any right or remedy that the 1306 Contractor or the United States mav have.
1307
1308 35. No Member of or Delegate to Congress, Resident Commissioner, or official of the 1309 Contractor shall benefit from this Contract other than as a water user or landowner in the same 1310 manner as other water users or landowners.
55 o
Contract No. 14-06-200-8901D
1311 CHANGES IN CONTRACTOR'S SERVICE AREA
l3l2 36. (a) While this Contract is in effect, no change may be made in the 1313 Contractor's Service Area or boundaries, by inclusion or exclusion of lands, dissolution, I3l4 consolidation, merger, or otherwise, except upon the Conhacting Officer's written consent. 1315 (b) Within thirty (30) days of receipt of a request for such a change, the 1316 Contracting Officer will notiff the Contractor of any additional information required by the I3l7 Contracting Officer for processing said request, and both parties will meet to establish a mutually 1318 agreeable schedule for timely completion of the process. Such process will analyze whether the I3l9 proposed change is likely to: (i) result in the use of Project Water contrary to the terms of this 1320 Contract; (ii) impair the ability of the Contractor to pay for Project Water fumished under this I32l Contract or to pay for any Federally-constructed facilities for which the Contractor is 1322 responsible; and (iii) have an impact on any Project Water rights applications, permits, or 1323 licenses. In addition, the Contracting Officer shall comply with the National Environmental 1324 Policy Act and the Endangered Species Act. The Contractor will be responsible for all costs 1325 incurred by the Contracting Officer in this process, and such costs'will be paid in accordance 1326 with Article 26 of this Contract.
1327 FEDERAL LAWS
1328 37. By entering into this Contract, the Contractor does not waive its rights to contest 1329 the validity or application in connection with the performance of the terms and conditions of this 1330 Contract of any Federal law or regulation; Provided, That the Contractor agrees to comply with 1331 the terms and conditions of this Contract unless and until relief from application of such Federal 1332 law or regulation to the implementing provision of the Contract is granted by a court of 1333 competentjurisdiction.
56 No. 14-06-200-8901D

EMERGENCY RESERVE FUND

38. The Contractor and Contracting Officer acknowledge that the requirements to Associated Works, dated March l, 1998 as amended, supplemented, assigned, or renewed.

MEDIUM FOR TRANSMITTING PAYMENT
o
Contract
1336 establish and maintain a minimum reserve fund account to finance extraordinary O&M costs of 1337 Friant Division Facilities is and will continue to be administered under Contract No. 1338 8-07-20-X0356 titled Agreement To Transfer The Operation, Maintenance And Replacement 1339 And Certain Financial And Administrative Activities Related To The Friant-Kern Canal And 1342 39. (a) Al1 payments from the Contractor to the United States under this contract 1343 shall be by the medium requested by the United States on or before the date payment is due. The 1344 required method of payment may include checks, wire transfers, or other types of payment 1345 specified by the United States.
1346 (b) Upon execution of the contract, the Contractor shall fumish the 1347 Contracting Officer with the Contractor's taxpayer's identiflcation number (TIN). The purpose 1348 for requiring the Contractor's TIN is for collecting and reporting any delinquent amounts arising 1349 out of the Contractor's relationship with the United States. r334
1335
1340
134I
13s0 NOTICES
1351 40. Any notice, demand, or request authorized or required by this Contract shall be 1352 deemed to have been given, on behalf of the Contractor, when mailed, postage prepaid, or 1353 delivered to the Area Manager, South-Central California Area Office,1243 "N" Street, Fresno, 1354 California 93721, and on behalf of the United States, when mailed, postage prepaid, or delivered 1355 to the City of Fresno, Public Utilities Director,2600 Fresno Street, Room 3065, Fresno, 1356 California 93721-3624. The designation of the addressee or the address may be changed by 1357 notice given in the same malrner as provided in this Article of this Contract for other notices. 1358 CONFIRMATION OF CONTRACT
1359 41. The Contractor, after the execution of this Contract, shall promptly provide to the 1360 Contracting Officer a decree of a court of competent jurisdiction of the State of California, 136I confirming the execution of this Contract. The Contractor shall furnish the United States a 1362 certified copy of the frnal decree, the validation proceedings, and all pertinent supporting records 1363 of the court approving and confirming this Contract, and decreeing and adjudging it to be lawful, 1364 valid, and binding on the Contractor.
57 No. 14-06-200-8901D
T365 CONTRACT DRAFTING CONSIDERATIONS
1366 42. Articles 1 through 7, Articles 9 through 13, subdivision (c) of Article 16, Articles 1367 18 through 20, subdivision (c) of Article 23, Articles 26 through2g, subdivisions (b) and (c) of 1368 Article 31, subdivisions (b) and (c) of Article 32, Articles 33 through 34, subdivision (b) of 1369 Article 36, and Articles 37 through 38 of this Contract have been drafted, negotiated, and 1370 reviewed by the parties hereto, each of whom is sophisticated in the matters to which this I37l Contract pertains, and no one party shall be considered to have drafted the stated Articles. o
Contract
58 No. l4-06-200-8901D
1372 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day 1373 and year first above written.
o
Contract
59 Completion
Date Item Comments Status
l3l05* :ontract effective
)t/05 mplementation study Select and obtain consultant
regarding implementation study
City's consultant HDR Engineering
completes the Residential Meter
lmplementation Plan in January of 2008.

City of Fresno City Council adopted
Negative Declaration and
lmplementation Plan on June 24,2008.
)L/06 lubmit progress report to Bureau Progress Report (dated February 27, 2006) sent to Ms. Barbara Hidleburg of
US Bureau of Reclamation.

L2/06 3onfirmation of existing meters r'erify integrity and servicing of existing meters
Letter summarizing water meter testing
results (dated January 19,2007) sent to
Ms. Barbara Hidleburg of US Bureau of
Reclamation.
)t/07 Submit progress report to Bureau Progress Report (dated January 24, 2007) sent to Ms. Barbara Hidleburg of
US Bureau of Reclamation.
)6/07 Secure installation contract Begin implementation of consu ltant recom mendations
City executed multiple "small" pilot
meter installation contracts. In 2005,
the City executed two contracts for a
total of 931 SFR installations. ln 2007,
the City executed one contract for a
total of 580 SFR installations.
72/07 Draft rate ordinance Initial develooment of tiered structu re
In mid-2008 initiate rate study to
convert from residential flat rate to a
revenue neutral volumetric rate.

Approxi mately 24,O0O existi ng
commercial, industrial, municipal, and
multi-family accounts are billed on a
volumetric rate.
01/08 Submit progress report to Bureau Progress Report (dated January 31, 2008) sent to Ms. Barbara Hidleburg of
US Bureau of Reclamation.
01/08 Initiate retrofit Begin installation of meters on existing dwellings
In 2008, the City continued to execute
additional "small" contracts to install
155 meter boxes and spools, and
complete addt'l service transfers
t2/08 Meter installation progress 29% (3O,00O of approximately L05,000 units installed)
lee above items. As indicated in
;ubmitted Progress Reports, large scale
nstallation of new water meters not yet
Jnoerwav.
)L/Oe Submit progress report to Bureau Progress Report (dated January 15, 2009) sent to Ms. Barbara Hidleburg of
US Bureau of Reclamation. Mr. David
Woolley of USBR responded with a
"Receipt Letter" dated March 30, 2009.

Contract No. 14-06-200-8901D

EXHIBIT F

METERING PLAN
Iot2
Contract No. 14-05-200-8901D

EXHIBIT F

METERING PLAN
Completion
Date Item C.omments Status
t2/09 Meter installation progress 43% (45,000 units) As ofJanuary 25,20t0, 19,535 new meter boxes (not meters) have been
installed. As indicated in submitted
Progress Reports, large scale installation
of new water meters not yet underway.
)t/to Submit progress report to Bureau Progress Report (dated January 25, 2010) sent to Ms. Valerie Curley of US
Bureau of Reclamation.
03/!0 lmpose new rate ordinance (fees
based on metered use)
New rate structure applicable to
currently metered customers.

Rates to be effective as new
meter installations occur.

On Ll/5/09, the Council of the City of
Fresno adooted Resolution No. 2009-
231 (Ratifying the Proposition 218
Process According to California
Constitution Article XlllD and Adopting a
Residential Metered Water Rate), and
Resolution 2009-232 (487th Amendment
to MFS Res. 80-420 Adopting Residential
Metered Water Rates in the Water Fee
Section Under the Deoartment of Public
Utilities).
t2/to Meter installation progress 52% (65,000 units) On June 2010, City issued Notice to Proceed to Vulcan Construction &
Maintenance, lnc. for Requirement
Contract NO. l for Water Meter
Installation. Shortly thereafter, City
issued Notice to Proceed to
Measurement Control Systems for
Requirement Contract NO. 2 for Water
Meter lnstallation. Both contracts
require installation of 10,500 water
meters each between months of July -
December 2010, resulting in 21,000 total
new meter installs by end of December
2010. Both contracts can be extended
two more years and can ultimately
include 55,000 meter installations each
(111,000 total). As of 9/2/tO,
approximately a.5% (5,016) new meters
installed through Requirement Contract
Nos. 1 & 2.
)!/!! Submit progress report to Bureau
!2/tr Adopt new rate ordinance 31% (85,000 units)
)ut2 Submit compliance report to Bureau
L2I12 Meter installation orosress 100% (105,000 units)
)ut3 Submit completion reoort letrofit complete
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 stares. 201 z
City of Fresno Fresno Irrigation District Agreements
2025 Urban Water Management Plan | H
Appendix H Fresno Irrigation District
Agreements
H

REVISED, AMENDED AND RESTATED

COOPERATIVE AGREEMENT BETWEEN FRESNO

IRRIGATION DISTRICT AND CITY OF FRESNO

FOR WATER UTILIZATION AND CONVEYANCE
THIS AGREEMENT is entered into as ofDecembe~ , 2016 by and between the Fresno Irrigation District, an irrigation district (herein called "District") and City of Fresno, a municipal corporation (herein called "City").

WITNESS ETH:

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, 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, 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
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, 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, 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, by agreement dated December 22, 2010 between City and the United States of America identified as Contract No. 14-06-200-8901D (the "City Bureau Contract"), City is entitled to purchase certain water from the United States; and WHEREAS, by agreement dated December 22, 2010 between District and the United States of America identified as Contract No. 14-06-200-11220 (the "District Bureau Contract"), District is entitled to purchase certain water from the United States; and 1 GIS 6496
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, 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, 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, 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, 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, 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, City and District recognize that changes to the operations of the Central Valley Project have impacted the availability of water from said project; 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 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, 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, 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 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, 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, 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, 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, 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 ori long-range implementation strategies to improve the availability, reliability, and drought resiliency of water supplies; 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, 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.
3 NOW, THEREFORE, adopting the foregoing recitals as being applicable to this Agreement, it is mutually agreed as follows:

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

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

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 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.
(b) "City's Friant Supply" means all water to which City is entitled under the City 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 I 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.
(c) "City's Kings River Supply" means the percentage of District's Kings River 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 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.
(e) "City's Surface Water" means all water available to City in a Water Year by means other than pumping from the underground water supply, including without limitation 4 City's Kings River Supply and City's Friant Supply and any surface water supply acquired or developed after the date of this Agreement.
(f) "City's Water Service Area" means all lands within the exterior boundaries of 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.
(g) "City Water System" means the conduits, pipes and other facilities (including without limitation the SWTFs) owned by City and used by City to convey water to lands whether in or outside City.
(h) "District Water Service" means the furnishing of water by District directly to 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.
(i) "District Water System" means the conduits, pipes, canals, pumping stations and other facilities owned and/or used by District to convey water to lands or facilities whether in or outside of District.
(j) "Excluded Areas" means those acres within the City's Water Service Area that are outside of the District's boundaries.
(k) "Included Acres" means those acres within the City's Water Service Area that are within the District's boundaries.
(I) "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 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.
(n) "Point of Delivery" means, for water delivered to City via the District Water 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-Kem Canal Raw Water Pipeline, the headworks of the Friant-Kem 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.
(o)
Supply.
"Transfer" means a water sale, transfer or exchange involving any of City's Friant 5 (p) "Water Year" means March 1 of one year through the last day of the following 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.

4. Management of City's Surface Water. To fulfill the purposes of this Agreement, and to 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.
(a) The management authority hereby granted to District shall include without limitation the exclusive right to:

1. Direct the storage and release of City's Surface Water;

11. Schedule, order and provide for the delivery of City's Surface Water to District's points of diversion;
111. 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; 1v. Pursue and implement Transfers pursuant to this Agreement; and v. 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). (b) District shall not voluntarily take any action that would:

1. Breach City's Bureau Contract or any other agreement governing any of City's Surface Water;

11. Result in a long-term reduction in amount of City's Surface Water; or m. 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.
(c) Notwithstanding District's management of City's Surface Water, City shall be solely responsible for, and shall timely pay, all charges and other amounts payable in connection with any of City's Surface Water.
6 ( d) Subject to the express rights of City under this Agreement, City shall take no 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. (e) District shall coordinate with City to define and identify uses of City's Surface Water that benefit City's water users and ratepayers. This coordination shall be performed as described in this subsection.

1. 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.

11. 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.
111. 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.
(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:

1. Providing continuous year around water supply to City's SWTFs;

11. Improving the water supply reliability and drought-resiliency for City; 7 111. Improving the operation and utilization of City-owned recharge basins; 1v. 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. (g) Included as a part of the management of City's Surface Water as described above, 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").

1. 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.

11. 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(t) or otherwise agreed by City and District, and shall be limited to supporting Agricultural Use rather than urban growth or development in other jurisdictions.
111. 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 G) below.
1v. 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.
(h) The benefits resulting from Transfers shall be allocated in accordance with this subsection. For purposes ofthis Section 4, "benefits" of a Transfer include, without limitation:

1. The difference between all costs incurred in connection with a Transfer and the amount(s) received as a result of the Transfer,

11. Water returned as a result of a Transfer, and
111. Water supply storage or conveyance capacities made available as a result of a Transfer.

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, 8 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.
(i) To the extent benefits of a Transfer consist of water supplies, water supply storage 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.

G) For each Transfer that generates net revenue, City and District agree that the net revenue shall be distributed and used as follows:

1. 25-percent of the net revenue shall be deposited with City's water enterprise fund;

11. 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;
111. 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.

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.

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.

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.

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 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.
(k) By the 25th day of each month, District shall provide City with a written summary 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.

5. Water Made Available to City.
(a) Subject to all other provisions of this Agreement, District shall deliver to City 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-Kem 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. (b) City's Surface Water shall be deemed delivered to City when it reaches the Point 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.
(c) The parties acknowledge that there may be times when the City Water System is undergoing routine or emergency repairs and maintenance, or subject to other conditions, that preclude City from accepting deliveries under this Agreement. Similarly, the parties 10 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.
(d) Water delivered to City under this Agreement shall be used by City within City's 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.

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.

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.
( e) District has entered into this Agreement with the understanding that it is, and will 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:

1. 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;

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

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.

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 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.
(f) In furtherance of the parties' goals under this Agreement, City shall utilize City's 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.

6. Raw Water Pipelines. As soon as reasonably practicable, City shall construct, at its sole 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-Kem Canal to City's SWTF located at Mile Point 7.58 (the "Friant-Kem 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.

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

8. Schedules of Delivery and Conveyance of Water.
(a) District shall deliver City's Surface Water to City in accordance with schedules 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 12 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. (b) All schedules submitted by City during each Water Year shall provide for the 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.

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

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 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.
(b) Except for Rescheduled Water, in the event City is unable to use or does not use 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 1 O(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.
13 (c) Except for Rescheduled Water, in the event City is unable to use or does not use 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.

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

12. City's Sewage Effluent. City shall retain its sewage effluent and recycled water within 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.

13. Acreages and City's Kings River Supply.
(a) City's Water Service Area consists oflncluded Acres and Excluded Acres, and on 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. (b) City's Kings River Supply shall be the herein-contracted for percentage of District's Kings River Water Supply. Such percentage shall be based on the ratio oflncluded 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, 14 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.
(c) Notwithstanding any other provision of this Agreement, and notwithstanding 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 oflncluded 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 oflnfluence as shown in Exhibit C (as depicted as Figure IM-2 of the Fresno General Plan).
(d) To improve, restore, and maintain the availability, reliability, and drought resiliency of the groundwater and surface water resources in the North Kings Sub basin, 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.

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.

Should the District enter into such a water utilization and conveyance agreement with another municipality in the Kings River Sub basin 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.

14. Payment by City to District. In consideration of the water supplies and services provided by District to City under this Agreement, City shall pay to District each Water Year in which this Agreement is effective the following:
(a) The sum calculated by multiplying the number oflncluded Acres by the per acre 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 15 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 ofthis 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.
(b) An out of season water delivery fee determined in accordance with the procedure 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. (c) A rescheduling fee for each acre foot of Rescheduled Water determined in 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. ( d) While this Agreement is in effect, District shall not impose District assessments 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. ( e) Time shall be of the essence for the making of the payments described in this 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.
(f) City acknowledges and agrees that the amounts payable by City pursuant to this 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 16 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.

15. Re-negotiations. City and District acknowledge that changed circumstances in the future may:

1. Result in material changes in the size of City's Water Service Area, the number of Excluded Acres and/or the number oflncluded Acres, and/or

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

Such changed circumstances could result from, among other causes:

1. Annexations or detachments from City and/or District;

11. Updates in City's Urban Water Management Plan or the Fresno General Plan; 111. 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 1v. New legal, regulatory, or environmental requirements placed on water supply agencies by a state or federal government agency.

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 oflncluded 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.

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

17. No Warranty of Quality. City recognizes that City's Surface Water will be "raw," nonpotable 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.

18. Indemnity. City and District each agree to indemnify the other and save the other free 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.

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; 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.
18 ( c) The dispute resolution process described above shall be limited to material 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. ( d) In cases where a dispute arises between the parties that, if unresolved, may result 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.

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

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

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

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

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

25. Construction of Agreement. This Agreement is the product of negotiation and 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. 19 26. Modification of Agreement. No supplement, modification, waiver, or amendment with 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.

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

28. Further Acts. The parties shall reasonably cooperate with each and take such further 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 fl;l.ith proceed to negotiate such other agreements as may be necessary to implement this Agreement.

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

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

Fresno Irrigation District
2907 S Maple A venue
Fresno, CA 93 725
Attn: General Manager
Facsimile No.: 559-233-8227
City of Fresno
2600 Fresno Street
Fresno, CA, 93 721
Attn: Director of Public Utilities
Facsimile No.: 559-498-1304

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

32. Cumulative Rights; Waiver. No failure by any party to exercise, and no delay in 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 20 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.

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

34. No Third Party Beneficiaries. This Agreement does not create, and shall not be construed to create, any rights enforceable by any person, partnership, corporation, joint 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.

35. Force Majeure. Notwithstanding any other provision of this Agreement, neither party 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.

II
21 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first above written.
"District"
The Fresno Irrigation District, a California
irrigation district
ATTEST: ,4:i?z~
ATTACHMENTS:

EXHIBITS
"City"
The City of Fresno, a municipal corporation
y: ~/b~
Ashley Swearengin, Mayor
ATTEST:

Yvonne Spence, CMC
City Clerk
By: c..,;_,~ 1/11/11
APPROVED AS TO FORM:

City Attorney, Douglas Sloan
Bt2~~ IJ/»)~
AwthvDA- f-~~,M#/, D.ftc.D-r
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
22 EXHIBIT A

FMFCD BASINS

IN FRESNO OCT
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 ex
Basin CY
Basin CZ
Basin DD
Basin DH
Basin EE
Basin EF
Basin EG

NOV DEC

EXHIBIT A

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

JAN FEB MAR APR MAY

YEAR TO

JUN JUL AUG SEP DATE
·-------·----------

FMFCD BASINS

IN FRESNO
Basin EL
Basin EM
Basin FF
Basin GG
Basin RH
Basin Ill
Basin Il2
Basin J
Basin JJ
Basin K
Basin KK
Basin L
Basin LL
Basin MM
Basin N
Basin 0
Basin 00
Basin p
Basin R
Basin RR1
Basin RR2
Basin RR3
Basin s
Basin T
Basin IT
Basin U
Basin UU2
Basin UU3
Basin Y
Basin Z
Basin ZZ
Fresno's FMFCD Total

OCT NOV DEC

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

JAN FEB MAR APR MAY

YEAR TO

JUN JUL AUG SEP DATE

OTHER FRESNO

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

Delivery System
Recharge Fresno

OCT NOV DEC

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

JAN FEB MAR APR MAY JUN JUL AUG SEP
Coooer 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 Rechare:e
Fresno's SWTP NIE & T-3
Fresno's Total Usage
=------.,,~--=-~==------~

YEAR TO
DATE

EXHIBIT B
City of Fresno
Water Service Area Boundary
Exhibit "B"
December 13, 2016
"The City's Water Service Area consists
of llld11ded Acres and Exd11ded Acres,
and 011 an a111111a/ /1asis City and District
shall revised this Exhihit B map to show
tire total t111mher of acres in each area
C
em
"'
~
I "'
.!!!
-.;
E
0 <.)
as of the first day of March of each year... Nees
Miles
0 0.5 2 3
Alluvial
Bullard
Baratow
Shaw
Ashlan i Shields I, McKinley
Ollve
Belmont
Nielsen
Whites Bridge
"'
~
I "'
.!!!
ii
E
0 <.)
Kearney i
Church
1 --··-----.L, Jensen
Freano-OoYia I ~nal WHlewtter I , Reclamation Fecllily
'--1
I 1--' L._, .--
u
>-
1 1'
ID
Annadale
North
Muscat
a: "' E
[ij
1n
w "'
"' -g
<.)
C. " ..
::i:

Copper
lntemalional
Behymer
Pemn
Shepherd
Malaga
American
Teague
Nees
AluYial
Herndon
Slerra
Bullard
Barstow
Shaw
i
!
2 "
"'
·~
u
Legend
[:] Municipal Corporate Limits
E>-:/.j FID Fresno Irrigation District Excluded Acres
County Islands •county Islands are cons
idered to be
inside City Limits in reference to
sequencing of deve
lopment.
~ Cl)
0 "C
C
:E "'
01 I
Gettyaburv
Ashlan
Dakota
Shields
Clinton
McKinley
Ollve
Belmont
Tutare
Kings Canyon
Butler
California
Church
Jensen
Annadale
North

EXHIBIT C

I - --- ---- I
I -,, ~resna-CioviJ
1 Re91ot1of Wasrewater I
I Reciamar1or1Faaltty(RWRF)
1 ----, I
I I I r-- 1 I --, r _ _. I I
i 1 I__J

EXHIBIT C
SHIElOS AVE
-i
a.JNTOt< .,,. ~
~ ~. z ~ a
,.J-·' wt_111'ES8AIOGE
\..J"i.i ~y 8l.lfD
111,,lom.llllll~l AVE r--i.1
if:-12..:
,,,--,
, I / I
r' I
/ I
,,--.... -"""" l I \ I I I
/
~
/r:~:::: llHYMU AVf._ !
f'\ -,, PIMN_ AVE I SHEf'Mut9 Avt _
,ruas Avt
S •r
AWJVW. ·""~- -~-
ul.----·
~
" BUUMO AVE !
~ Cttllfomu: Sro1eUnlV'l't'l'.hy I ARSTOW AVE Frr,flo
Figure IM-2:

Sequencing of Development
Growth Areas*
Inside City Limits
D Growth Area 1
D Growth Area 2
i ______ __ i County Islands
Planning Area
- Sphere of Influence
City Limits
*County Islands are considered to be
inside City Limits in reference to
sequencing of development.
~
'·L .• r;·-•1 F~e,:r~~n:~::~r
BfJ.MOHf
!
§
r----i:-.i A1(POr1
.! ~' MCKIHl.EY AVE - AVE
TULARE
BUTWI
~
AVE
~
I
i
E9 0...,;,1/c::: 2 ::::::Jlll--====::::::i MILES
Source: City of Fresno, 2014.

EXHIBIT D

EXHIBIT D
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:
i. Staff time to deliver water (includes salary wage, labor burden and overhead.
ii. Cost to operate vehicles to operate and inspect the canal system. iii. Power costs associated with running District's SCADA/Telemetry system, automated gate valves, flow meters, automated trash screens, etc.
iv. 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. 1)'14, by and between FRE;SNO tBRIGATION DIS'fHICT, a public corporaday of June_ ,.
20th
I\C;\:;:~:;1EIJ'l' 13E;TttiEEN F RESNO lRRrrJATION QIS'fRIC'1' AND CJ'l'Y OF F'RESNOllfOR I~XCl{ANGJ:i: 01<' RECYCLED l>ll\'fER '-'-'-- . """"'--'-'~i--~ _ \..,. ~.
" .....,
t ion ('1er~ 1n ca ue~, "Dist:ri9,2J~;{\~'(l,}ry~;.:~.r!~ pal r.r)r"'or:...t Lcn (rler'ein called "Clt y H) ;
•
',lHEHE'\;-i, ':roesllo Irrieation IHstrict is the owner of wa t er- •
ri.~"hts on the Kinr:;s River and a water- <l1str1but1on system for the Jistrioution of irrigation waters for agricultural use within the Uistr~.Ct and has entered~p;t~(f';9~~:~~gct~;1:with"theUnited States for an additional r:uppl~' ~fv:;~~e;':'t,#~~q~F,perr~~l1t*~~:'hCaqal and for , ,,:,~ :.: r .. ,'~:"'..:,':':~_:; :.~~'~:t ':<.. , ';i:,:;;:;;~ '~~r ,", .:iir~'~:~',' -.' . storage in Pine "'lat ResE!ryoiroi\the K~ng!'3RiveI' for the purpose of sup pLemerrt in;,: the water'av$,ilaB~~,;tt>'r"'~\jCh"U$ew1thinthe ~vHEru:.\3, the City of .Fresho' is ~9cited eritire,ly wi tili n exteriorboundarles' or';·~h'~'P~flt:r;'i~:~~n4i.~,~h~OWner of a wat or- ~"'''':'''\'~~'-'::~:''-'''j':-,;-,-~.::~''~''':: :.-~.::_:':_,~,':': :'-::-''-~.,- ,'- . '. " distribution sys tern used 'b;1Ht,i/f¢'~'d~f1verine: I...ater to persons awl lands tlot'1 vritiJin andol!tsld.e·;it~ CHy limits for' munf oi na l , industrial \ and domestic uses anditalsp theewner of a liquid waste treatment plant
thecitjli~1tn which
located with:J.n th~; District aout.bwe st of
1sJS';~"f9'r"'%h~ t~eatm~nt.;percolation,
WHEREAS, the entire /a~ea rep.resenteq by the District and ~.Y the City ~d a wat e r- der~.·~i·~,fitarea<1rid the 'O}~trict is in need:": "i~; of·:.a<:~Hti{)nal \'1"1te~MIF6f~!il~~~~!~";'~.(:lr"~"~he City is' in need.;wi' " .~ ,
....
us es,;'::~:'}\tt,~,:, .•.•nl!;.!.:':f'Il' "':",~j'.:
''''.~& .
-; ',' ~'.; :
use; and
purification, recyc1in~l;lnci"'o.~h~rdisposition Of liClUid effluent from the City ao,1 intends t;oeniapg~ an{'l. improve said facilities and to produce by such treatm~nt, percoiation, purlfication and recycling,water which is of a ~ijality s~itable~for agricultural " and
~.or additional wate~
•
• "". ,c,,:". ' '", "
recycled by the City as,above .. Q,e$cribed and the amount of water '.,,' ;":.;j:" 'f •• . '''', .
: ....

WHEREAS, the' aM~ant;'6fw~t~r available toth~' District for agricultural use may be increased by the use of water • OJ °
~, .. " ,
""::.,;'
by 'District of ~,.' . ':;-
water in that'
available to the City for use>!Ti:1tswater distribution system -. .. , ,"J" ,:,:':'~: :;.-;,::,,:'~~;.,: ,',;, :; for municipal, industrial' and' d.orilestic uses may be ~i1creased by ,';:'::~ '~~(~' : ·,:,~,:,:,',;,,:~·.,~'i<;.:'~:,l~~~.,:' ':"."-' ':(-:" i,:,;," ,',,~', ;:', the exchange of suchr~:pycJ"E,lg'" ·t.~r~\9r.the'1.l,se .-~;~,;;:' ':~; ~,,'~~j~,} ~I_~~' }"",:",';t\~",~, t:{,~,'l.,~:r \,rl,;i'~-~t',;~~":;"';'():':':"" ,"" addi tional Kings R1vet> an<;l/o~< '.' t+Kern Canal " "', "~<":" ".~:;:~,,+':~~ ';,~'~:~::~;,,~i ?i:;~'-, ,:,~:,::,-,'-;::~'4~:(';i:": :,~";\,,: ,h~". portion of the Dis:t~+c~.,;*9r~J:lA.qf':\.~.l}~iCj,Wf;and :.-'.-::r',~~~';"i".'.:,(;;:·1J':':'~h~~:~";'~?:t(:: , , ,,,'»', ,':;;:I~\f,/,:::,\-,t;;'(:,5';~~(',<'; WHEREAS, C1tyj,s'<:iesIrou~/;c)f malntalnj,ng a water level '. i.,/...::e; (>;I~;;~,.1;:" , " ."J,>:" ,.,
under its l1quidwaste.treatJllel:'i~}:,plan:tthat wIll provIde for ,~ ,':,; ':~;:''''' :;:,:;:':'~,~,::_,::,1.;'U;,·i,': ' i,:~, ", ,~." , '¥::.,,' ,', . maximum efficiency in the PPe,i:-a.,:ii:m.'of~tss·aid pla~t; and . ":' ",;:'~'f:,*:~:r\~: ~:t~,::~\~i(' :~,';:N:S,;;~:~, ','c' '," ',,'':'·:":~;~~l~~{,i:;Ar':':L;:6:-)" .: , , , ' WHEREAS. a~'gre~t:~r",t) J.;:~.ll1se.;"anQ. more e conomf caI utilization '.ofal~~~f{~~~';;w.'.:·.;.·.·.a,."...:\.;.::..',i..~.;' ..•...···, £~th the Ois t ri ct an'ij -i,:, ':,:.t:::>, ',' " " , , to the City can be Ob.taln!!,~:;t>.),.,.;~v.~~ 6f.s~¢:bw;aters as herein ',' ,,;.-''-~ tii:~';"':~':~,,:,~~,i):'~~)!i~~~t;t~\>'>~;~:{:;t\f:,,'':':;:'·::;:~':".t1~::~;} ;'l;', '.;(:. ',.' " ,>".-,.' provided and both parties 'qeJ.1e,V:~·1t~$lrtt;:be best .interests of,~. i) '''' :·""i"~:';::~i,\)'·,,;·i~\~:.,:,'" ':': ;.:', '·"~'f:."·'·":"\··" I,' , , ?"~'t,>:'\, all the landowners and Inh:~B:it~tl,rs within the District and within" the C1 ty to enter 1.Qt9,. ;:?~c.:b ':~n.~i~eelll~nt; ': , , " "~:;x:'~~(;,.}. ',~~;);'~',7;;~' F~:'-:~1i,f \ '.~~~,~:,:, ",jH~:~(':':,i.!1~~:,~~:~i:~~~".~' '~;\'\~;~ ':'~~"~;' ":',f;:,~:~:/"':-> NOW, THEREFQRE,j1::!'<':1t: ·:l,lY':'i;~gI"ee(fl:l.s· follows:
.}, , t,:;~i,~~":~~ {:--,,: i,'~ ,,;~.;~ '~:i::,:' ::};~~~:,,:' ,i>: -. :"~, :' ' , /, ,: ,,; , 1. A rovalb :Unlttes!)!tldState Water Qual1t Board : ImmedIat~l~::~~~t~i,;~~~;;~~'::!'~i~!~,rtp~s,~contra~t by the:::!,;_,- partie$ hereto tfk~~~::~fi~~ ,., , t;~~~1lo,;(tA~,p~j,tedS1;,ates, an~ '.J". also to the Cal1f'oimhi!..R~g",()iV~i+'~ ater',QuillitYOontrol)3oard, or .,;ti~'·:. its successor agen9-:~u;,,~Q'~~·1!..li,~ ,~)ipprqV\a:l,~rq;;.·s.b.l:l.ll n.otbecome '\' 1 1 I )1", ' \~> ,:~:~~~~~~,:"",~':,,: ,:;:,,:;::::,,',: '-.:\" ',' ;',.".,,'<:,'~,,' ~",,;'t,"~' , ' , '~':'~;:';~' ,,'. , r l\>"~,:~" ,'.:, effective for any RU:t>ppS~ \:l~' .~.~~~.c:,h;:~pp;'6;,:a:J;.b~sbe'en obtalned';~fi;; :',,:'~, 'C:,',',:i;":,~' ~::>::":(("" :,;.' ... : '"'..,, .,» ":',~:':, ' ~<': ;:::f~:~t/ . This cont~~c~.~ll~~J.,:;;~~.",~~AI1,+~'~:~'1,ml:!,a..~,i,WJ,e,c,tto, all of ,.tM,,;,'P;'.,< " ' , "',.,~'-:,:'~·"~':>\\~'~/':(:'(i~>:\.:'~ -:~>:.:;~ " " :' :>-: ,t, ;:)/::' , ,;'~:'·~~J<~rr:,~:
terms and conditions ;~f ,t4eii;Qj.,~:(:¥~11~7~l1C~Qtract.,.th.e.··DIstrict,.}'f'~ Bu~au Contraot. "'!;~!~~~~f~" "',~i~~tI~ira~~1~~·iatiO~~~:*:j; Agreements and to·t:lle ,:e;,;ept;;;'t.A~~J;1y,:;.;;~gn:e,~~1;I~"~ontl:l.*,~ed. here~>;\;;~:, \,:' ~::,'" >:'.~ ,:"~( ~,;:.::' , ",", ",':"':','";-;;.: ,,',: ' ',< ;~ :,:::<:""'~':",,:": ~,j(l:I: ..;i::
is contrary to .or- ~nco~M~:¥~~~,;,~,&~na.~Y ~r/ll,;~r).q,on~~~\b110f~~!3,~~:
contr-acts or agreemen~,s.,,·~thi~i"q91.tP8,g,~;;soal~d~;:;,~n.e~¥~~eab;te~·,.~~;;~~~,1~~~ " ""'; ..~'I"";-:;;",',"" '::',':::.',,.' .. ',:',1: '," ',' " ',:'" "~' , , "w,.;.,:, ,~, (~;:\');"-'.

In the event the performance ot;~ny contained herein ;,' ~~~~1l become unerifJ '. ,.' ,. . .. . ·~y'·;'gd~. '~:"i{':\ )',', '.r\,",. ~f' '\' , .. 'i~!;'.
•
•
" .,'....,
.....;..l
'<.>- -",..

BOO/(6318 PAGt':'3~iit, State or local statute~!'qr:OI'9-inJhce or,of any decision of any ', ..
,',..
~i,~!),~:it;
,'" of Fresno providing
court of competentJ\.I.r,i~g.lClt,~O!1,theentire contract may be , ,~.»:..:;(;\ .,.: ,,·.f.!i\.:,~~l~~',:,';':"~';.::.';{:.::\, L,·,,.,+::i'.<;'.;:~~';": " terminated by either. partyupqn"'wrltten notice mailed to the other party. "",;";~'].ir:~y:~.;..·;.,~ ..:·~",i"';,.",,,~r,:.....,..:,;'.:-:' ;",,:\',f:> . .: ~.;'\''<;':'", . ;',

2. Defin1tiOns. For}p.urltC)se~i:\,;).f this agreement the . ,}~.' " "j'\';:-¥::';it.:':L:.S:,::":_/.,-' , .:-,1 following words and phpases. ~hal1 be defined as follows:
(a) "Agricu.ltur~iuse'Lmeans the use of wate~;primarlly in the production ot;'~~~~cult~~~i;:cr0I>S,'.1nCludlng the irrigation' ',';1:' ';::i:'.<\:·,,~> ·,;;;·:~r;.;~;,":~)'}t; , c.. "t-\':>;~ of lands and undergrOUpd;;wat~:I'r~~lenlShment !.";~i\::~~<..''-:''.~':'';' '.~ 9.-:.; .\t.~ i',~~.;~',{ '.)'-"'- ': :.~,;' ";<.i" (b) "Recycledwate:r":i:.means water which 'has been treated /.ijf:·.·(,',:;::_ ."" '" _ and percolated into tl1~un-defgr.ou.*d watersuppJ.y under the City's l1q~~,!~&t,~,,~* .. \•.~~,' \~I~~i~;t.~~tio~,'gt 'the'
District which is,the:r;'~af,t:e'.'..' , .....t:r'!?m~aid:,undergroundwater s upp1y . ,' '.". ,.,.,..."... l.•,~'"",,~ ..·.;.:.':,,•..,.·.'•.·;.:' .."'..:'l..•·..".'.,.~./.,';, •..i:'t~hi:~~:i,;t~,t<,">'1 1;~",0+:' . . . .. . 'Jji.. ...• . ,i"'F:,. ';:··'::'1»<·::~;~·,:~·' ~>::~~.<::' •..:,~- . (0) "City B).i.r,e~ti,"Oo' "mearisthatcertain contract " '·.r' ,;" -".\ '.'''''',''.''. ,:\:i, ','" .,....,,".>., '.,' "",' " ',';</~~i,·l,~,ii); ~,.,;
between 'the United .Sta.:e~sa,
water service dated January\i'i~ . or - ..
:"'::~'tdj 'iDl~t~~~ii~~::':-':.'4ose c~rtain """i-*~; n:" ···'?i:'{;:·ii!*)~;i ". . .,'. '.' _ .~'r ". , .•" ' contracts be twe en ~~,7.,yn~~~~i(;~'t~~>~san:~ .tr·rigation District(' , more particularly d~~~~ibed'~~';'f8il0ws; . ':",~~j
>, ·.h;\.':·%:,:>;;i~¥).·i::~r{\'f~' '_ '.' . < ,'"
Contract betw~'eti 1;h~,911~~~9§~~~~Sj()~;Am~r1c,a a~id'Fresno .. ~i~:r ' IrrigationDi$tr~ct,i,;f,r9,~Aq.jl:1l,g'i,:"'-9r":.1;,he;,i:li'l}oyment •q1' ,the,,:';.'<-.

District IS ShaI.'l!l()f~lle',QQ'!'~;;"0f:..J'1.ne lj'~a.:t·Dam arid Reser- ":--,.''i~A'<> voir Alloca~~4~,~,9L'}*t·, ".,~§ite4·:B~c;eXl1b.er 23,1963.;;:>;,(, 'i~';'~:>'~::;- ....,;;,;:, '.""':" '.l'-\'." ,,;~ .. ·':)eontractfO~t?pp:~,r~~.a. .-'., nano:e>,,;·o.t ";,:,~::,~,",.' ,rrrigat1onStpra~~/~1\'*at,.:.:,~.ReserVOir dated " ;'December 23)~~<J.,9-~~~:~';-; . i,~kr_:~l,'jiii!~.,i: • , <"~'.:., ,}.::.'.',. '.:~.~ ,/.',~ " ,. ..¥,~~~,~:'.':,t::'>·~~,: '){;:~4~:>'.::· Kings Ri verA11po/a,1;Jo~.·."P~a~1;~_~date:dlJl:Deo,empe~ 23,1963,;" .: ...:.~\: :~i,~.;~::·~~.~':if~;··~~i~~':~~:gtl: t' . .:>r~:- ..:., .', .. :<.~. e , 'Y. ' .,\ ',:
.. ;Convey anceand.,~oVen~t-S'if.~n ,.?o!!1pro/llt~:~tf.aIlQ'-I3,etttement of" Fresno Sloug9Cta.~ "; '.' ·;AJil;tl+l';e~ ..;·,~199?~,.".,;> ."~, . .",-~, ~~}t;(;~!,~~~: . , .:,</~:~;'(lW;~t"·:f~~:.::.i~~</,:'~~~;~: ~,;.~:~, I'i:i"~';t-'!:"::i" i,-', ,'}>; Contract betwee,Pthe'~, ..:3t/a,te$ an~'F'reS1;l9 ::r:xor1gation.

District prqV1d~n~'rot";vla~~rServfoe(!5~a~:edJu,;i; 20, ·1964. ~~,'::::~~~<'.,:..~,,;::':'~' ::~:;>:':/::;l:::'~: .'c:· . ~<.:<,':<' ..~;:,~..~\~ f" . ~~t.:>: .: ' .) , (e) "Distriqtfl~:+,q~s.:,ti~Y~l"'~n1;r~"'AM·'t,;o.n; ASfeiements 11::\ me ans tll()se certaiIli..~'.~~~i~~,~iJ!~~~~;Il~j~£~"i~~~;e;i~i;ve.~':t~nd·.· ..·storag~.:. in Pine Flat Reservoir:more '~arti~ula~iy desc~i~ed a~ follows: ", ". <"~ .. '~"", -':<'ti~'~':~"·.t
•
•
~,' ,',
.-:' . :: .", . "
,: ..•.J.... '~·,i.
c1ed water.
•• , ,.~.}~ ,-,~
.. ":~ ,
s " •.
.
, ";."".

Admin1strat1ve Agreemep.t~nd Monthly Piv,ersion,';
Schedule dated J1ay 3, 19::17.

Agreement Supplementing ~n~Amending W~ter Right Indenture ,Pat~d, May t3,.19?7, and Supplementing,E!.p.d Amending A~~ni:strativ~Agreelll~nt Dated May 3,'1927, ,<" Relating to Kings RlverWa.,teI' Association,' and".1:,.'·':. Amended Monthly, Di.ver$ionSche~~le, date~Juneli: 1949. '!if " """'?:~.":'" ,',::~~ '. ~,:~;~' :::",i~':'''' .,,::::~:~f;"';:,..:(;(~> ;.:.~:

Agreement Admitting ·K.ings·lUv~,rWater District ,As a i :.)
Member of Kings,.R;1.v.~I';>W:a1;~:A~~Oc:1.aU'qn"and Ag~~ement Re: ..<....c CentervllleBottoms iSch~d~let~ate~September,lOj 1963.;· ··.r . . '~'-,:.' ,~: :.:;. .". ~:,_~:j~i:,,~.:,.~;,~·~!~~~' ..:\,~,' .: ~:/.'" ..,'. .:\l, .' ::,.~~~:fi:'·~: \,.,~,' -: ,:·~:ri~;~t:::::, , ,':;:,~~~t . Agreement Supplementl,ngap.:d,Amepding Water Right Indenture/:" Dated May 3, 1927, ap.~ActmiriistrativeAgreementDated~1!,t' May 3, 1927, Each as Amen,~e~ and Supplement~~Jtine 1, , ;":, 1949, Relating to KingsSFl;;1.ver Water~Association~/dated ,. September 10, 1963. " " ",;i. \,:. '~~r'
i ," , Water Right Ih~entu):!e:i'dated M~y 3, 1927.
':":.
tqpe,j"L:;Jed for" ag~:1.,. ~:' ·~:i';,~,~,:>"··' ' ,", ':""-'}.,:?,'" . repienisqment int
the term of
..
";)~f':~,:',~\~':~'<'.:"~"~ i.'<~,. ".'.~,. .. "".""
re~~;:tgc1e~7yer and District
:\i:,: :i·f~/i::·",::~Jf:'~\ .; ,:' ,'~~:-: ::' ~,-" . , .....: ' agl'eesto accept dw.a,'1;e'P',PlJlJlped by City from the, -,<:J.",' :.::.: '~;'~{"~~':j"~,~<::t ,,' . . " .-f:",'~,';·'· '.'.'~ . ,;"~'·,r,'i.,,~·. ' . . area under its liqu+d,~~s·t~i/~r~~ntpJ..alltj,namounts and. under :~ . - , '. .}z:,..\~,<).~~:~':£(~};\:,:t~~::~~~f:;·:",::, .. :;.:;;:,; ',~,i.~./, ~'~;:,:~{~<r;.,':}~(':' Il>~·.' • •••. ~'t"" the terTs and conditions: <l1er:e:1na~te~p~ovd:.ded.· When so delivered.:.;:, . <.i;' ,~':.' ::.~'~"~~ "~:;i/i:i; \~ ::. ,':'0: ""'~' j"~'(' 10"',~; .:, ,1<, '/J~ ,'1 . • :. ,,;~~,r; to District said water shallbecoine the property of tihe District"';:' , " " " "". ,,'. ' .. " .'. ' , IL~ll<:l: f~r}mdergr6undwater ,/ '<;:~';':' '\,,'!:i\'.','lt-!',1i.~,,·::,~',·",}~it:,P:.>,""\:~,':il'I.C', ff,'''''~'''','~l': ',.." "",. "':1:.1::"-',;'''''\:<i!,'" ...···:'"'...:·,i~~;,4'~~."·:~,.~"I('ili ..,," .' .. ,-'~""'~" '.:!.'if ", '. ., , .••. {":,~;" ,;, , " ioh::'of"'th~,D1strict' a's the ";:," "~;:'~tii;i~~;t ';';:"',' ,;~;' ,,: ,. District shall seeflt:.' " ";,·,,ii, r, ':' , . /<';'~:"/:'<'.;>:\'~:,::~.: \~'.~.{. 'L,~ ;.:":~' it'. '.,' (~"~'

4. Water Quality ~"!l'A~'Af;y sM.ll not deliverto District . ',', .'~ I:;::.;.,:;;,,' :::'~':' ,·;,~,'·,:~;~,·, .. >tt~\r~:"ljP"~;~ri .~~,','. "~'" ,~~" !~, r~t', ·'~.f '" . . ,..~' or discharge into, D;1.st:rict.',~::\Qap:~;I:s,an~,s\,1ch,.;r~cyc1ed:\'1aterwhich :.r';j, -.";:\;::::;,t -,,\.~\.:;;~~,,):i;;R;::'~:':~;;~:·:~::f:~~~~.,\:rr:;£::':J~$.ii!~~;~,:,:\t~·, .;;~:;'~ ';4!(:~"i'~~~ ,"~' "" , .(,".: .'. .' . '.".:.:.~~~;~~,., 'is not, of a qualit~"'~~$~~~~f0~;.i:lt#~~: }!gr~cu~~~~l ·use. or which' ,:::{j.;::' -.'" .:"":';:':;./::,,~\,....',:.:, ',1(h>~;y.;." ',,' , "'I"'~"",,~ : { ~~. ..' ,!..' . .' .'. shall be deleterio~~}~:oPl.:'<>~~~·lJ.4.fe:~ndall water so ,'of!:!?',! ';:r.,~.~:~-. --'[,.\'~' '~,~: ~:..":..''~~~~:i~: '.. _..<":j~:~:.:,.:,:. ~,~:~J;;','~:; ,<:~,~;, ,.:".;'~~.~~" ~/;~,~"." '~,. :·~.:;:':·i -.'. '. -: ,,. '~'.:':.;t.~. delivered shall mee,ta:llt;h~i..q~~lJy st;anda~d,s,oftheCalif,ornia,+:f' ., ,<:110'<'" "" . :~~(~'i:;."~'J,rtl~;';. ':":~.', ,,':':.~ ..r: :,:I~,,:~:,I~'-"'~'~,t",:r' ., ;,/. ' .' ',' • '~."-~'·,';;:"~~i:·.,;,:

Regional Water QU,agri,p9: ",' '8.f?,,f\R,r~").t,~~'~~?'~,e~s9i'i"agency,:fo~,!t/ ""';'~,':'. ',:>, :,;~r~~~~,~,t '::.J;.. .,.? \~:.~,?"~':~~:>.~:« i ,"".. ~;:it~:7~;':~~, ',~:::~, :',.tT>,': ,. . ,:.-:':~~~~r agrl cuJ.~ure andi~:r~~~~m;~2t ',~~~,9,~~;tf,;~~~~ral ;:0~a te or;:~¢~f'; 10ca1agency havj,ri~"J~£s: ""contr:Of.;.Q'lterwater quality "\i7'lt H .< . , ':. ".:: :;}";f~;{:·::~!'~.i·:~~~f·'.f~':4.:'/~*~:,·::\f~'::,.c,, .. '.., ~~~ ,:,:\,;;??,.~;:' :'.,.'~ ::'" .<,c~!:' >", :~: l:., ~... : :~f~:' standards. Ci tyagrees'at'4ts' e'ffiense,:tQ .ml;lke"uch' periodical tests to determine \'tl~'d~~'il(t;;¢;?'·~h~~Nt~t~;·rt1~ch~rgeN::~nto ··;(,£l':,:
," 7"-,":I:"~',~,'»:~";"i ':",~~:~.i;".~·,:;~t'·;,:::~~;:a.~'· :J~·:>:'"',:::.:',,,:r:':;·~:·.,\.:~:'~:,:,.'?~.:·,: '-.m .' '. :',";,',.;, ',~ ':.·,)f :~"~'.~ District's canals '., at" the,.R9:lht:·y.;hex.e,i!:ald': w'~teris ,s.odischarg~d; ,:' as may be required by :any ~~.~~ 6~~~d '~'r ~gencyo~as may be ~~t~~~';~~~':~~~t ttieci~~~~i t ~,~y
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BOOI(·6316pASE' ~:;.j""" . ". <,f.",'
of such tests in wr1tipE:;tothe District forthwith art~i- such'; ",.:! ".:. -; ,~;<: £:'1) '~;_;/-':'n-f;'" /: (£:"/.•:}:, '.~' .- tests are made. City further agrees that any complaint that said" .t •••c'.:+. ",0" '".• i ...... ".' '
recycled water does nbt meet the above standards, including bJ.lt .': ":' .,-. not limited to complaints froiJiariy such board or agency~.the , " t'\>·:";->'·:~;·+~~"t:·: , .,.~'Ilt.,.;~. ,,;-~~.,;t: <. ~~'.

County of Fresno, any mosquitoa~l:l.tement distx-lct or any user . , .::',r.. t1-i' l., :':'·'·'~·~"4.:,:~·~:·r::;,,:..:.\·:<:,;,::·:;( ", ",' ,.~::r,,'_':-: <:,:~~,;,' I ~Y" "1.. ~\~':.:.;(.';;-,:~, of such recycled water,mulJ~~eao:rrecteda:nd~eso.lveq'tothe 'f'" ,~:" ~</,:. ~:.~:':.~- -:-":":";:~L~ ?:..:-,,' '·~~:i~J,:-., .. .,.:\:,:;;..:.- :.:p' ',' ;_.:~:: i/ ~~,:,,~:_;;'. ,:, ,'.~ ¢~::1;-/t~'::' satisfaction of Distr~pt!bef.Q);o~ ~nY fu:rther discharge-,·q'!;water . " " .- ..;.: -.'~:; _~".~~, 'j5:~:::::!!Ji}~,*~·'.:::'~.';:,:}~,;<~~~{~r <'_ ,:"''-:',:,",: :;, t;~..-~, :;~:' <;::,', ;,,'(~; :d,:~.; >:. :\~~~~'7}r,:,~';' '.- into said canalssha;l,.1,:J:)~· '" . out the e:x:p'ress corisent of the Di~t;rict. "~';:'~7tf·*~#:tt;til. 'iF;'
i 5. E:x:hibit A."i ~~p'i~;;6w1:ng the e:x:terior boundaries of the District. the Dl'sfrict '~';A~~~~sy~~em; the city l1fuits of the. I,' ~' \ :'j';. ~\~,:,::·;:,~~:.:':;i~~,;r::.:' ,::/:' ,!.:":, . ": ""."".:"~',,..;. 'i' <. ,.<~" .''),4T\;, City of FresnCl , the,locatlon9.r· . y' s;,;l.iquld. wliste treatment plant')';" slte,··,.•.•~.. 'th; 'e:x:a.c t '.i~~.:a..~.·.,'.··... t.·.·.· ••~.~.~.;.·.•.••,·.~.··."t ...:\a.·1·.:.'~,~ .'Yi@~9m~~ cir~cha.rge wa.~~r int 0 ''' , "I." ',', ,,',"V', ;~~~":·f.~r;;~?~;·:':·~~::~~'.'t··"~}::-'>.: ":;~. the pistrict's canal .system W~ .. ~n,d .cap~clt,Y of .the dls- , ' ' ".':"''':'-:':: J" ..~{:.~'~;, .,' ',:::v.''': ";",':"":',' ',-,' ,,:- ....::>: "":'. 'j':,. ;::4' charge faCil1tiesbY~~hf~h":~ ·,!..L d.;:.~,1, ....•.......s.. cha..••.~. ge ,\.m, "....• ....•.y,., b.e.:.ht,'.·.·.'ad.'a, .t.he:~.~ 'f. • ,.,t: ~i .\~,~;t'::~* ~'. w ~-" location lof ob se r-vac Lon we'lls aa :prov:i,ded in Paragraph .9; and , ,,:;. ':, " ,~ ,:.~'~' ',~:~J?, , ..~:?;;~,;.~~ ..." ~.',. .:',r, ·"'.:r~: ',.:>..~~ those portions of th~ Distriot;de.s.1gnat;~d by the pc;rtiesas the 'Iea.~,t;~i~" and )'we~~~~¥-';~~ci"'ki;\~h~'Pls~~~ct for purposes , '.' ,'( .' ·: ..,~:~:;:'/· .. '·,W~~~+;~?~:(>~;~::,~.cJi~~.~.::ki:,,';1~::~f:~:>' :'~f:'~::':i,;" .',' :;~:'}4' .. .' . ' of this agreement !3h:li+l:l>~:,PP!!P~~~,~ by·th~ P.M.t;x-"-(lt' s engineer- ". .z ." " ~':,.::: ..:,~:':'.'~.>;: ..~,:.~~ .. "":{;'~,;,(~~~~:::.;~~'/:'.: ,.:{'~'~.' ", '},'~,.;.., . . .:' ",::, ,'., Lng department and approv~d In wI',gtng llPonsaidmap b~,.the ~,':i <.,,~).'~",~:); ~~I.~",,~ >',~7}'- /~;~:;,:::",,::>;Z~':~:~:.",:.;·:.:.(l\~,:({i·'".',:.':' .' .',,:. . .::.-' authorized representatlvesof;,tf;1·~,;:;I>.1f1trictandtheCity. When so approved said maps' '~ha.bi('~~t!~~j~rP·~~~te·d'l1:~~'inby /z.Jterence :as,. I"~ Exhibit A and shal.iib~~'6~~:.;~f!~'~~~!,~~~r~~f. 'o~~!'d~~llc~t';'so''••~>,~ ).,\,.::: . . ..:'~': '!.~;:~:~.t?~,~~~:r:.:·'1,~~,: .. · .:";·~b\:;" \';, ',:~" t. '.'. ,," ,•.~.'.t: .,' :--;':r approved shall be k~ptin tb~' '0 'ce Qf. tl}e City and one in the ".,";' "~" ".:;:.' , .. ;~:·:.. :..<.<:~~";~f··;·;":·~,,,:'if,~··:~:5.~:&J~· ~::""'.' .'::'~{~):$i~:;:..( .~s:t>:,:;::(:\~i/~~t~·':',~,;; '~, ~'" .( ,:;~:i~'" ; .';', office of the Dist:rlcj;~'$~~Aa.Y'Q;~arilep.g:edin writing upon ..' .' ~~i~<.#~~":"i.~';'~f~~}r~':·~·;:~~·~:"\:'~,',.·"~ "/j~~'~T:!,x .>~. ;'<:"~" t ... ,'; f~f',:". , :)~'f.~.::-"'· : '! ':. :\~:.:~.-.,~. said map and reapprqved ll'i,..,~:;t;-t,fil$'cl:l.s·~Oove $et·~rorth~;' ~~, :.r~~r· ';;:':,;~:~--:',}~/i~;!~.::;,.·.§~~t:\.:·'.,. ':>::;~ -.,:"." .... ',::~;~'Ii.p> "" }'\~}:~;~'.' ... ,: ':~~.>l'··1/;'.

6. Place and Time ofD.dlverv City Will deliver all such;~1J"- ,....'.: >--., ,'.- ',,'.: '·:"!::';;i':,·~,':3~;f: :" '. '.',:.. .:< ;" '. . ,'::;';'~:'~':,:;~> ;' ,:"".,N,t'?~t.~~~'> water to the District d.l,lrlngJ;he:·',Olstrlqt I s l'rrigation"s<!ason wh1'eh", ;.' ';. ""L,~ ~~'I~:,;,:r'i!}'~">.~', ,,;,:..,;' " " ..''. -: :-.. ,,,. ';~,,'i·,::·~"'~t;: .. "~~::Y.'.r~J',~:~~:;1 may at the election of the District· be extended to acc6miilodate . {"'".' . ~'.1t,'~'.>
, :t';
. ,.i,;',". .::;.. •. . sa~~wate r ., ;,:;:~,:i:'~~);' delivered by the City t'othe'District$hall be discharged by •
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the City into the., plS~p~,e.;~'"~)DrY4Creek·Ca;nalNo.;77at:1~/;or Trr.}::y" '~,~·~/>\~(:?~:J~?~tl}~¥~?:~~y\<:· :"::,\:;~:":- ,',. ,"':"',:~(k.;~'~';:;!': ..:., .·/t··:,:·,,'> ;:,'.' ,\ -
"dh-Y 11M ..' ~,. .
on the map marked EXhiQ1t¥:,/l..and at no other location orJ,Ocations. ';' :,1, ">~'::~~r"i':- , ..

7. Amount to b~'Del1vefe(U The City .shall deliv~r to
Canal No. 78 at the 10c~Y1(ms approved by the Districtiand shown ••••• :~f:..
the District under thisagreemeri1i, subject to District!saccept- ._~;" ' anceas provided herein~rrec~.cled·waterpumped,~by the city, which .f'.··· shall be delivered at amiriilllum rate of delivery" of 100, doo ac~~t~;j.' '.,
feet. in each: ten-year per,io.d",of ~t1i1s contract,;},p·rQVidE!d~howev.er.:YF ~- -:-_~';";'~~~:~.'..' ........--. . ...,..',,:-.'_. .....o--/q~. '. ..:..• \~(. such> delivery will'notexc~fe·d;;th~;~;AA10U!!ltJ),r.. 30';Ooo.;:aOI'l!feet .in;.·,,~.. ; "" - ,:~; .. _';~~'!:"',.~, s.:,:,".).,:., ,~:""'- • :"', .' '~':'i' .";' ,., ....\-.... ',';'~~" anyone year excepttllatsuc~"m~p~imummaybed.ncreased:'uponagre~~;i/ -~-----_.--~-'-':.....;;. "',,"':':::':,' \,,:~~:"~~"'-:~~.~~':"._,._.,.~--,";...r.;"';"!~:"'~'''-,. __....~--:~. ·~,,1t:·~ ment between the' D1str1ct'.~hmartag~r.andtheD1I'eC~or.of Public ·11''. ";;;; __._'-. --" •• ,•.• -'.-~". J..~ ..\_., ""'_:_,;~' __:-:_;~,,:'<.~;\': ", 'T.'•.",",~-",),_.. ,,~. ~;~~~~:'I~"":'.;~:i~~" :~.~;:::'l_"A_~' "_....:..;;,'~~~{ Work/! of the -eity.;,;At;;leas1:!i:10i:da s. rior,.tOi¥<~the ..first,:day of·J.. , •.•-;. ~;;·tif~t~'~~~;611·'" ';j<~~!t.h..:,.•..,.,.:.1...••,•.·.t.•.S.'.'.'''';'.•'..,'•..•.,v":):~~;m~nt,Ci ty WilL~:\);,r:;· \' : ,'-' .,' )-;:'~'(,.;~ " .. , , submit . . ~.·toDistrict~·lo:rbamount . '. of,
suclt Jater proposed.r/···rr£K~·'·j:;;Xt~~t'eadll,ciiSCh'arge£',)W' ::>t:,::,\..,.,>~~¥,~,,-'t:i"r~;+, '~:'oj~/ )~~-'7'. /0',:", .,:<",:'?, ,,:.>,:,...;~~ point .dul'1ng that'mohtn'a:i) Ld~)f·io dicated,:::tn cubiciJr'\ii .: ,:",.' ~~", ':: :':':':~~~~~~"~:'.;~: -:':,,"/.:~~;.':"",,~ :'-,'I,': );:f.{~'~;"':'> ,.. . feet per second at"\'{htQl\'~a.. ;~,;;;\:,~\lil)(1(C1:e:f1'Vered~';;Upon' ·,·r;,,". ' ':: '·.-:~i;->1/(,. r~.: :,:,::.:<:,':, :.~'i.\,~.'~:, • '", :,.~. :,::.::
receiving said sCheq\11~.~DJ,s#r.A9~~j,~.,~!nan~~er'·wl:t.lap'pro"~.the .; ,<,~,--'::. "" :,:;;:~}~~:::;,i;',:--" >':'\- .~':';"" :,:'.;»-" ";~"'.'-::;""'-':'::.{;~{'." ''. ''-<~:':',';;,:. amount of. such water'f:.tlieiD1~~r.1c~;':ts,W.1l11ng;.~0"accept;ateach :'~::.:':.' ..~,,:~1;;,~&i;',..:~_,~~f.:~!;:~J~;".);';\;:~:',', ';;"<~': "", ..: J,:" " said discharge point·, dU:I'ing~:;eac.h,;'day6ttllatt!monthand thereafter ,:,,,,,~, :':',.7'":,,,:,"".'::'-:,>:"', ,:':,.r" .~. "t City shall deliver.to~'P1st?"~~'::;·;t~~Q.aj.i~alllou~tof such' \.tater so approved. Said daily ~el~~~,~~~.~'~~b-aJ,i~p~,.'.'at,.acont1nuouaand ::' ':''"'" :':"·",".:~",'·':f:;:/t'-:j:N,,:;'·~;~;/;,::':··.-:;:."::'.L:Y," )~,', "":~" ", ':' ,.,,;~ :,' constant rate of flqWc:l~r1nl'tg~.:,~t:;tj,I'!" ~.4 llour period of each .' ~',;' ,;. ~'~'. ;,:;,--,:,:,:--~,,:,: ",',.,"', ':;,~;;,:'"'' ',,-'.--':':..:,-.. '" , said day. In nq.~X~~!~0$~~~:~;~~~~~'!.i:~1~q~~I'ge1~to ;Dry Creek Canal No. 77 in any onem0t1th·be+,,,1rfi'eeXaes·s df' one-half of the total -:."",e.,.,·,',. , , ',', ..'" amount delivered to Distri¢t'dnt:hat mQnth or· the discharge into the Houghton Canal No .;'78 inanY1pne month be 'more than two-thirds' of the total amountc:lel1veredto}'bhe J;)istrict in that month and in '.'" ,,-',,";-:""'i' ","," '",;,...-.' •
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gives immediate notice thereof to the District. In such event 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. Pistrict'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 persoq or will interfere with the operation, alteration, repairo~,maintenance.ofthe canal into which said dischlirgeistobe maQ,e or will ~nterfere,.\tith some " '. ,;}< \,i.';,,',:.;::.(',·,' other operation or function of the District. ,;,', , "',;,;?' • c. ;1 •

9. Ground Wat'er Level. \'.; CHM shall not pump said recycled' ',,' ,,:',':. ,~,~,': ..~,..~:~:~r~ ,?'," . water from theunc,i~l=:'gr(:>Jl.\'l.$l:';W',~t81,re~~rv9ir~n such a manner or to , ,'" .. "" ,:.,<, ''':~'',·:\·:'':'::''~·~h':.l!~;',.. ''',: ',' \,~ the extent that it Wllla9-Ve~~:¢:iY';affect.the elevation of the '.'.....•.. .·....';i.;"')~ .... . ....•... ." . . '.
water table in tlle ar.ea. ~u:r::r9,1.lp~~lJ.gits .llQu..i d waste treatment . '1·.·,·<.·.·"·i;';,.:,::·V· ....; , . plant as determined by the Distl-1ct. Such. effect shall not be , ,1',",', . ',',,' ,', ' .. ' ~, __•r.,~
deemed to be adverse if the ground water level is 'not lowered below the gradien~sestabl1sh~(L;bYtheDistrictas 'existing on " ' " , ",'..'>:~ '~,:.,~,r.;".~';.i~",_;:::,,':,:'· '\~,~~:~:~,' ':'i",," ' August 1 of thepreviousy~ari~,,,~'city/agJ:'eesto l\!,QD1tor ground \>!ater levels in the Sl-rea f'r~mW1l1c~G:~i9- recycled \'lP-ter is pumped on ,a", ~nthJy bas;ts' by means of oqse~r.ation wells .located within an area surrounding its H,Qu:tdwa~te treatment pLant , The number • ""~, ", c. t., ,,:~,:,'~'~~~i~:X':'J~"<::'; .. ':',,": and location Ofsa.1dwe+ls,;~~a~~Qe~greedupon by the City and , ',,' -v". ,,<~;., the District, andwhen So a~e~Q.UPOI'1 stlall be shown on Exhibit A as pr-ovf de d in paragr?--Ph 5~ E~;<h mSHJth at the time City submits . .' ,
its schedule Ok pr2posed discharges. City shall supply District '," ' .. ""', ,,~ ,'-,", ' " ,.-. with the results 2( sai.g observati0J:.1~ and'shall alse> supply District with a statement of the amountseu.scharged into District's canals during the prevloy.smOl1~h. Said"~
schedule and said info~a~ 0
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tion shall be given to Distr:tctupon a standard form approved by ~J:,j' District's manager.

10. construct'ion and Ma-1ntenance of Facil1t1es• All

8. ... .
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discharge facHi ties to he 'used by City in disGharging said water into said canals and s~itable measuring devices required to measure the amount of water discharged il1:,tq District's canals ,shall be ' «s. constructed by City at its expense according to plans and speci- '.: "'r. ficatibris approved by IHs1;~l~t aria shall thereafter b~ rh~intain~<i';;::< " . .".""", ".'."'y,.' . . ..i" ' .' in good operating and working'con(iition by and at the expense of":
\ ", '.~.';-' p',.; L:.,·:'".,;:,-,:::?:+ , ..:,,' -, <. :',5,:,,:·:;';' City. Said discharge '''facilities''shall have a discharge·.'capacity.~\,,:,.' , > . '/I .:' not greater than th~t"~h'o~n'9kr'~~1~in~pma.rk~«Exhlb1~:.rt'a.nd shaJ1i,;¥'·;'. be equipped with POS:1.tiv~~htit;~6rf·'~ohtrols'bj . . '-.. ,".- ,,' 'C',:"""-' .... - . " WhiCh'~hY'and'" .•.•. ';'-":··"_;"H"'::::~':·:-':~>}<.}',<"._,,-"':.', _':"','f< _ ',", " '. _ ,dj:.; '::
1gPg P1jitx:1 etl a ca:cal system may Pf §hijt
i()cat:1.~ns of saidf'a.cllitle~'·'.~.':saic:i·canals"apdany such damage or injury at suchio·c~hci.h~:~hat~t'be~~pa1rei{a.t·'theexpense of" ......," ... ··.'." ...";hrfi.;..... !.~ .:. "..' . ' City; IT City fails to.dosP,'<Distr.1ctshall'be:entitled to make . . -:' '. -.: ','I,\~··j '.. .' \
said repairs and tM~xpens~,'t9~~~Pf.~p.allfox-thd th be , " .. :.- ," .,,"; -'.'- . -- '" . . ..;'... ; by City.

11. •
;f f .;~ ;,':
determine that the use of said water in said a:rea is' not feasible ~:. i,~i:~' ,~::."./t,~!v~~~,~,~··~t,~;,.~~~~;~,;~~::;-·,~~, f; ;:;: ",~it~.;,;: ',Ie:' ;~',~::,~~;~.".~'''~':-~''·4A~,1' ..'· 0:_.: • :', r''OII::'';;~~~X'~ or practl cab Le it may, after 'q,:1136,\\s~iori'w1thtl)eCity,use s uch·,·~~:~ ," ".....··i· ~, .. .',
" r,
BOOK63~6 "PAGE 40 ,.~
water elsewhere. If in ~he future it is deemed desirable to do so, City, with the approval of District, .may cause the dividing line between the easterly ppr1fio!'i Of the District and the westerly portion of the District to be moved,., to the west and the percentage of water to be made, avai1ab;L~ in said easterly portion of the Dis- " ,. tri~t to be increased 1:n'pr9P9.rt£:8n>,tothe increase" in the area ','J of land within saidea~te'i'J,tP9;I'ti()n.
and said exercise OfdiQcreUonm'gy be perfO'rrned 'bY apyother . ·L[Z,·t,;;i:1~*" :5~ ,c.'
Ownership of Distr{ct'fs' Water Rights, Canals and
~:_:i:~'::':' :'/\;\:'.

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Storage.
•

15. Indemnity.

District.

District harmless of,' from and ag'ainstany loss, cost, expense, any right or inte~st thereJQ'. ;'

14. Expense of Pel'formarice. crp',e performance of all terms and conditions ofthis v , agree~en.t~~o be performed.by city shall be ." , -"\~b. at the expense of City and thep~:J;otormanceiof all terms of this . -, . "-::.';/.:-:::
agreement to be performe<iby:'pj,,~'~~f¢t$hall be.. at the expense .ot:
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any claim made by any ~pirdp~rty because of the City's pumping from the underground water s1lpp'ly at! above described or in any, -.'; The contract
be ,cancelled
18,
the parties hereto.
~Term1na~'j,bd~·~:;·.Thetermof' ·this contract shall
be twenty years from its Qat~,q~~ceptthat it may
upon mutual agreement betweeh£n~'pa!'ftes"hereto.

Ca1;tfornia Civil Code §1559Qr.'~1<.kef'Wt'se •
. 17~ ~mendInent~:1;~};~1$~'pii~~~~rj1is~\prOVided herein this agreement may not;,,'~:~·~2,P<i?~?~~.~;{p,~; 9~;:ihe written agreement of :. ""',t,'{".
way arising out of tqe executlokor performance ofthls ,'agreement,"; .' , , " ',.''"',~~,~~ :<f unless such loss , cost, expense or liability is,,caused by ,inde~" ';,::' .' '. "::-:,,,. ~::,;,,':' :.;;',"'., .,"'",;,:.'~~,;,:,:...."" '.', '. .::,::~.:.:~.::\ ,pendent negligence on ,the part6'f,,·the~;Dis:tric-t,1nperformingth&~'";), " ' , , ,;, .. ' .',,:.•-. ,."", " .::" ".,;:',:"
terms and conditions' of this agr~ell\ent on its part tOe:)' be performeQ.,~ , :, "', ,'.!:'.<,~/ , ,.' : ".", .. \.:/"",,::~,' 'f:,_ ~:;L.,:~,:~

16. success6rsandAss.i~!1,~>,~~Pj,,~;.,~~eJi!p:~~~,:~~al1be.b1n~::~\ '" "","" , ': ,1n~: .,.;, '. " :" " , . ,.~,." ing upon the successorsand'assl,gns 'o'fthe 'parti.es hereto provided,' ': , .: ;', , J' '",:j"'~:;' " ,.'. <: ';" '.: . ",~j~K'~' that City's right to discha:rg:e.~~::rl,nto Di,trict's canal syst~m',~>:
. 1:, ',,',::::. :i/:;t't:\:,.-;:., ::" l"'-' ,". \, ."~:-~';. is not transferable': orass1gn~l:{:anQ,shaH';tj.ot pass to any suc-:- ..;¥, .;:,'.::,:,:\:':,:~:,"':, ,.:,,~:',:':::, ....:.."'.:: ,.... :'?:,>', ,,;.'~,:<:':,(', ."': .,' , . " .. cessor in intere~'{:~i~k()'~;~;t(,T"".;,\·~eri~~'of.D113t;t'ict. This agreement is not made t~r t:heQl6·~¥t!tb·f·a~i:p~r$;~}'tirm,corporat1dh~' or pub Lf c entity ~ot a~a;~~;?~~n.~d no pe;.on, f1nn, 00>-90.a"'$, tion or pub Lf c entity ~x:pept'a'·;p.~p~yi')er~to or;tts successor or,I.,' assign ~hall have any ri~t'~,:i~~;":~:~f6r~~ aafd agreement under .. S~~~1'; • .
shall continue in effect; aftert'he end of' said term except that ::~ it may be terminated thereafter~y either party upon one year's written notice of such terminatiqn. Notwithstanding the foregoing, this C'QPtrac t ma~betf'!rmtDiilted atan~time Y.PQP sixty , , , ' ' days I written notice by eHherparty, ~lvenon and because of substantial breach by the 9therparty, wh,ich breach is not repaired or corrected before the(!nQ pfsa1d sixty-day period. '.: .

IN WITNESS WHE,gEOF. the parties "hereto have executed this • 11.
. .. " .........----.

I'
•
BGDK6316 PAGE 42
agreement the day and year f1rstabove 'H~i tten •
. ·FRESNO IRRIGATION DISTRICT
ATTEST: CI'l'YOF FRESNO
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APPROVEO AS TO FORM
SPENCER THOMAS, JR., Oty Attorney

City of Fresno Water Shortage Contingency Plan
2025 Urban Water Management Plan | I
Appendix I Water Shortage
Contingency Plan
I
2025 Water
Shortage
Contingency Plan
Public Draft
JUNE 2026 CITY OF FRESNO

CITY OF FRESNO
2025 Water Shortage
Contingency Plan
JUNE 2026
Public Draft
Prepared by Water Systems Consulting, Inc

ACKNOWLEDGEMENTS
Water Systems Consulting, Inc. would like to acknowledge the significant contributions of City of Fresno. The primary contributors are listed below.

Director of Public Utilities Paul Amico, PE
Water Resources Manager Dejan Pavic, PE
Utilities Planning & Engineering Division
Assistant Director Ahmed Aly, PE
Project Manager Debbie Khounsavath
Water Division
Assistant Director Paul Amico, PE (Acting)
Water System Manager (Certified)
Water System Manager (Certified)
Cynthia Fischer
Chad Colby
Water System Manager Russell Guilliams
Business Manager Juan Rios
Water Conservation Supervisor Anthony Quinn (Acting)
Wastewater Division
Assistant Director
Wastewater Manager
Cory Asher
Andrew Heckman
Reclamation Coordinator Anthony Quinn
The 2025 Water Shortage Contingency Plan was prepared by Water Systems Consulting, Inc. The primary authors are listed below.

Heather Freed, PE
Rob Morrow, PE
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2025 Water Shortage Contingency Plan | i

TABLE OF CONTENTS
Introduction ..................................................................................................................... 4

1.0 Water Service Reliability Analysis ......................................................................... 6

2.0 Annual Water Supply and Demand Assessment Procedures................................ 7

2.1 Key Data Inputs.................................................................................................. 7

2.2 Evaluation Criteria.............................................................................................. 9

2.3 Annual Assessment Procedures ...................................................................... 10

3.0 Water Shortage Stages ....................................................................................... 11

4.0 Shortage Response Actions ................................................................................ 13

4.1 Year-Round Measures ..................................................................................... 13

4.2 Demand Reduction .......................................................................................... 14

4.3 Supply Augmentation ....................................................................................... 18

4.4 Operational Changes ....................................................................................... 18

4.5 Emergency Response Plan.............................................................................. 19

4.6 Seismic Risk Assessment and Mitigation Plan................................................. 20

4.7 Shortage Response Action Effectiveness ........................................................ 20

5.0 Communication Protocols.................................................................................... 21

6.0 Compliance and Enforcement ............................................................................. 23

7.0 Legal Authority .................................................................................................... 23

8.0 Financial Consequences of WSCP Implementation ............................................ 25

8.1 Drought Rate Structures and Surcharges ........................................................ 25

8.2 Use of Financial Reserves ............................................................................... 26

8.3 Other Measures ............................................................................................... 26

9.0 Monitoring and Reporting .................................................................................... 26

10.0 WSCP Refinement Procedures........................................................................ 27

11.0 Special Water Feature Distinction.................................................................... 28

12.0 Plan Adoption, Submittal, and Availability ........................................................ 28 References.................................................................................................................... 30 Attachment 1 City of Fresno Municipal Code Chapter 6-520 ......................................A Attachment 2 Fresno County Multi-Jurisdictional Hazard Mitigation Plan ...................B Attachment 3 Resolution Approving the WSCP ..........................................................C Public Draft
2025 Water Shortage Contingency Plan | ii

LIST OF FIGURES
Figure 1. Annual Assessment Approximate Timeline.................................................... 11 Figure 2. Water Shortage Stages Crosswalk (DWR Table 8-1R).................................. 11

LIST OF TABLES
Table 1. Key Data Inputs for the Annual Assessment ..................................................... 7 Table 2. Water Shortage Contingency Plan Levels (DWR Submittal Table 8-1)........... 12 Table 3. Demand Reduction Actions by City (DWR Submittal Table 8-3) ..................... 16 Table 4. Supply Augmentation & Other Actions (DWR Table 8-2R).............................. 18 Table 5. Communication Protocol During Water Shortage Conditions.......................... 22 Table 6. Penalties for Water Wastage........................................................................... 23 Public Draft
2025 Water Shortage Contingency Plan | iii

ACRONYMS & ABBREVIATIONS
AMI Advanced Metering Infrastructure
Annual Assessment Annual Water Supply and Demand Assessment City City of Fresno
CWC California Water Code
DPU Department of Public Utilities
DRA Drought Risk Assessment
DWR California Department of Water Resources
FID Fresno Irrigation District
FMC Fresno Municipal Code
NO-DES Neutral Output Discharge Elimination System
SWTF Surface Water Treatment Facility
USBR United States Bureau of Reclamation
UWMP Urban Water Management Plan
WSCP Water Shortage Contingency Plan
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2025 Water Shortage Contingency Plan | 4
Introduction
This Water Shortage Contingency Plan (WSCP) is a strategic 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 available is insufficient to meet the normally expected customer water use at a given point in time. A shortage may occur due to a number of reasons, including water supply quality changes, climate change, drought, regional power outages, and catastrophic events (e.g., earthquake). Additionally, the State may declare a statewide drought emergency and mandate that water suppliers reduce demands. The WSCP serves as the operating manual that the City will use to prevent catastrophic service disruptions through proactive, rather than reactive, mitigation of water shortages.

This WSCP provides a process for an annual water supply and demand assessment and structured steps designed to respond to actual conditions. This level of detailed planning and preparation provides accountability and predictability to help the City maintain reliable supplies and reduce the impact of any supply shortages and/or interruptions.

This WSCP was prepared in conjunction with City’s 2025 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 incorporates 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 that 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 was updated in 2021 as a standalone document, developed in parallel with the 2020 UWMP, and adopted in July 2021. This 2025 WSCP is still based on the original 1994 plan. The revisions are intended to meet the 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 2025 WSCP will be reviewed and adopted in conjunction with the 2025 UWMP.

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2025 Water Shortage Contingency Plan | 5
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.

The WSCP describes the following:

1. Water Service 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 stages and response actions.

3. Water Shortage Stages: Establishes water shortage stages 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.

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. Results are used to determine if shortage response actions should be adjusted 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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1.0 Water Service 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 Section 7 of the City’s 2025 UWMP. As part of the 2025 UWMP, water suppliers must perform long-term (2030-2050) water service reliability assessment to evaluate reliability under normal, single dry year, and five-year consecutive dry year periods and a short-term (2026-2030) 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 condition 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. 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.

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2.0 Annual Water Supply and Demand
Assessment Procedures
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 by July 1 each year1. 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. A single dry year is recommended to be the year that represents the lowest water supply available.

2.1 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 for the current year
unconstrained demand plus a
modest growth factor.

Customer billing data, most recent
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
Initial allocations from USBR and FID,
typically available in April.
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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Key Data Input Description Source
potential exchanges and
transfers.

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, and
input from City staff.

2.1.1 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.

2.1.2 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.

2.1.3 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 2014 and 2022. The City may consider State mandates and mandatory compliance with water use efficiency standards in determining water shortage levels.

2.1.4 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 typically 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 to USBR. The surface water allocation and delivery schedule will determine the City’s operation of its SWTFs for the year, recharge Public Draft
2025 Water Shortage Contingency Plan | 9
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.

2.1.5 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.

2.1.6 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 or impacts due to new regulations, SWTFs capacities, and other considerations.

2.2 Evaluation Criteria
Staff use the key data inputs to develop and compare supply and demand projections to determine if water shortage actions may be necessary. The 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 conservation can be declared during drought or in preparation for future droughts, such as in response to the governor’s drought declarations in 2014 and 2022.

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, Public Draft
2025 Water Shortage Contingency Plan | 10
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.

2.3 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. 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.

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.
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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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.

3.0 Water Shortage Stages
This section is consistent with CWC Section 10632(a)(2) and describes the City’s water shortage levels. The City has established five water shortage stages, shown in Figure 2, along with a crosswalk to DWR’s standardized six shortage levels. Shortage levels indicate the gap between supply and demand compared to normal-year conditions.

Figure 2. Water Shortage Stages Crosswalk (DWR Table 8-1R) 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.

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Table 2. Water Shortage Contingency Plan Levels (DWR Submittal Table 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 4.1 of the City’s WSCP 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 Assessment. Section 2.0 of the City’s WSCP 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 Assessment. Section 2.0 of the City’s WSCP 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 Assessment. Section 2.0 of the City’s WSCP 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 Assessment. Section 2.0 of the City’s WSCP 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 Assessment. Section 2.0 of the City’s WSCP 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 are defined in the 2006 San Joaquin River Restoration Settlement Agreement for USBR allocations and are characterized in Section 6.3 of the City’s 2025 UWMP.

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4.0 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 1). 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 at the City level and consumer level in order to reduce demands. The restrictions during a shortage are described in Section 4.2 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.

4.1 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.

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• Sprinkle or irrigate any yard, ground, premise, or vegetation, unless the watering device used is controlled by a shutoff device or a person is in immediate attendance of the hose or watering device.
• Use of potable water to wash sidewalks, walkways, driveways, parking lots, 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.
• Irrigate 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. • Irrigate 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 change 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.
• Fill 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. • Use potable water in a manner that is prohibited by or inconsistent with applicable federal or state regulations or other requirements not specifically identified in FMC Section 6-520(a).

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 1).

4.2 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 Public Draft
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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 Submittal Table 8-3) 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
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
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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 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 6.0 for Penalties for Water Wastage.

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4.3 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 Table 8-2R) 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 Available
Purchase or
exchange available
USBR or FID surface
water
1 to 5 Other Purchases As Available
Interconnection with
City of Clovis for use
in emergencies

4.4 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.
• Prohibit any new permits for hydrant construction or temporary construction meters.

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• Monitoring construction meters and fire hydrant meters for efficient water use in the event that a meter identified wastes water.
• 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 and 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 longterm 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.

4.5 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.

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The City also cooperates with the County of Fresno’s Office of Emergency Services during an emergency. 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 nonimpacted 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 a number of backup power generators installed at wells, SWTFs, and tank sites, and is taking efforts to add additional backup 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 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).

4.6 Seismic Risk Assessment and Mitigation Plan
Refer to the Fresno County Multi-Jurisdictional Hazard Mitigation Plan implemented in May 2024, Annex E: City of Fresno included as Attachment 2, for appropriate Seismic Risk Assessment and Mitigation Plan procedures.

4.7 Shortage Response Action Effectiveness
The City of Fresno has assessed its overall water reduction by evaluating historic water usage trends with measures implemented to meet the SBX7-7 2020 target in conjunction with the American Water Works Association water loss calculator. See Chapter 4 of the 2025 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 the City’s customers are metered using advanced metering infrastructure (AMI) and the City will monitor actual water use and reductions in water during enacted shortage levels compared to normal year conditions. This data allows the City to Public Draft
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determine the effectiveness of the implemented shortage response actions. If reduction goals are not met, the City Manager, or designee, can make the necessary decisions for corrective action to be taken.

5.0 Communication Protocols
The City’s Department of Public Utilities (DPU) currently has a contract with Bodewell Group, formerly known as Southwest Strategies Group, to manage stakeholder engagement and public education for its customers. Bodewell Group’s services include strategic communications and integrated planning, messaging frameworks and narrative development, community outreach, multicultural and multilingual engagement, traditional and public relations and media relations, and crisis communications and rapid response.

The City also has a communications office, whose purpose is to communicate water shortage procedures or general utility information effectively and efficiently to 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, X, 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.

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.

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Table 5. Communication Protocol During Water Shortage Conditions Shortage
Stage
Action
1 Information posted on the City’s website
1 Social media posts (Facebook, X, 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 council members 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.

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6.0 Compliance and Enforcement
The City has penalties for violation of the water use restrictions in Table 3. The City tracks customer usage through AMI in order to enforce water wastage during shortage conditions as detailed in Section 9.0. However, it should be noted that currently, fines cannot be imposed on AMI meter data alone. The fines are noted in Table 6. Penalties for water waste are based on FMC, Section 6-520(e), Section 6-522(g), and the City’s Master Fee Schedule.

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.

7.0 Legal Authority
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 Public Draft
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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.”
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 3.

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).

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8.0 Financial Consequences of WSCP
Implementation
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.

The City’s mandatory conservation targets can result in reductions in water sales; however, associated revenue reductions may be proportionally lower due to the City’s two-component water rate structure, which includes a fixed water meter service charge for all service connections and a volumetric water quantity charge. Because a portion of revenues is fixed, overall revenue impacts are typically less than the total reduction in water use. In general, revenue impacts identified in the WSCP would be offset through 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.

8.1 Drought Rate Structures and Surcharges
At present, the City does not have in place a drought rate structure. The City has contracted with a rate consultant to review existing water rates and, if appropriate, develop new future water rates. The City’s is not currently considering a drought rate structure.

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8.2 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. The purpose of the Rate Stabilization Reserve is to maintain a prescribed stable balance in reserve as a means to mitigate future rate increases to customers and to be consistent with bond covenants. 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. The following restrictions shall apply to this reserve account: 1) only current system excess revenues may be deposited into these accounts; and 2) use of these funds is limited to only operations and maintenance related expenses and not capital improvements
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.

8.3 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.

9.0 Monitoring and Reporting
As described in Section 2.0, the City will track its supplies and project demands annually as part of the Annual Assessment, and, if conditions described in Table 2 are projected, Public Draft
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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, which the City can use to 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 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.

10.0 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 2025 WSCP reflects the latest analysis of the City’s water supply portfolio in relation to demand and updates the percentage reduction stages to better align with the supply shortages that trigger each stage. This is a process that should be reevaluated annually Public Draft
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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 12.0.

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.

11.0 Special Water Feature Distinction
CWC Section 10632 (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 4.1, 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.

12.0 Plan Adoption, Submittal, and
Availability
This WSCP update was prepared in tandem with the 2025 UWMP. The 2025 UWMP and WSCP were made available for public review in June 2026, and the City held a public hearing and adopted the 2025 WSCP on June 25, 2026. A copy of the published Notice of Public Hearing is included as Appendix J of the 2025 UWMP and a copy of the WSCP adopting resolution is included in Attachment 3. Before the public hearing, notices were published notifying the public of the date and time of the hearing.

Once the 2025 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 Public Draft
2025 Water Shortage Contingency Plan | 29
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 website and made available for public reference.

Based on DWR’s review of the WSCP, the City will make any amendments to 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.

City of Fresno References
2025 Water Shortage Contingency Plan 30
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.

City of Fresno Attachment 1
City of Fresno Municipal Code Chapter 6-520
2025 Water Shortage Contingency Plan A
Attachment 1 City of Fresno Municipal
Code Chapter 6-520
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(i)
a.
b.
c.
(ii)
a.
b.

SEC. 6-520. - WATER CONSERVATION.

In the use of potable water supplied by the city, no customer shall do or permit any of the following:

Use 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,
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,
Flood any part of the premises of another,
Sprinkle the premises of another so as to prevent the normal use thereof or unreasonably wet objects thereon which should not be subjected to a spray of water except as naturally caused by the elements or by action of the owner of the object, Sprinkle or irrigate any yard, ground, premise, or vegetation except as set forth in the City's Outdoor Water Use Schedule,
Annual Exemptions. The following properties may submit an application for a one-year exemption to the Outdoor Water Use Schedule in effect at the time of the application:

Properties with multiple addresses, and
School and park facilities, and
Properties without street addresses.

The owners of such properties shall submit a proposed modified Outdoor Water Use Schedule in writing to the Director or designee for approval or modification. The Director may approve a modified Outdoor Water Use Schedule for with more frequent watering or different watering days than allowed by the Outdoor Water Use Schedule in effect at the time the application for an exemption is submitted for consideration. If the Director determines the proposed exemption will adversely impact system water pressures in the service area, the proposed exemption will be denied. All Annual Exemptions approved by the Director shall automatically expire on December 31 of each year, and the property owners must re-apply for an exemption to the Outdoor Water Use Schedule.

Short-term Exemptions. The following properties may submit an application for an exemption from the Outdoor Water Use Schedule for a specific time period not to exceed one month.

Properties with new lawns not yet established.
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(7)
(8)
(9)
(10)
(11)
(i)
(ii)
(iii)
(12)
(13)
Properties seeking to use water for a bona fide use, such as solar panel cleaning or other use necessary for health or preservation of property.

The owners of such properties shall submit a proposed modified Outdoor Water Use Schedule in writing to the Director or designee for approval or modification no less than 48 hours before the proposed non-compliant water usage. The Director may approve a modified Outdoor Water Use Schedule that may provide for more frequent outdoor water use or different outdoor water use days than allowed by the Outdoor Water Use Schedule in effect at the time the application for an exemption is submitted for consideration. If the Director determines the proposed exemption will adversely impact system water pressures in the service area, the proposed exemption will be denied. All Short-term Exemptions approved by the Director shall automatically expire on the date set forth on the Short-Term Exemption permit.

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,
Wash any privately owned motor vehicle, trailer, or boat except from a bucket or in a commercial car wash, provided a hose equipped with a shut-off nozzle may be used for a quick rinse without causing water to flow onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures, Wash or rinse with a hose or watering device any sidewalk, driveway, parking area, tennis court, patio, or any other exterior paved area, except for public health and safety reasons at public gathering places, or
Use potable water in a fountain or other decorative water feature, except where the water is part of a recirculating system.

Irrigate ornamental turf on public street medians with potable water, except where:

The turf serves a community or neighborhood function, including but not limited to, recreational uses and civic or community events;
The turf is irrigated incidentally by an irrigation system primarily intended to irrigate trees; The turf is irrigated with recycled water.

This prohibition does not include trees and shrubs on public medians, which may be irrigated.

Irrigate outdoor landscapes with potable water during and within 48 hours after measurable rainfall.

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.
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(14)
(15)
(16)
(17)
(18)
(19)
(b)
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 change 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. The hotel or motel shall prominently display notice of this option in each guestroom using clear and easily understood language.

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. Residents with private swimming pools shall file a written application for a permit with the City of Fresno Water Division at least 48 hours prior to draining the pool. Any customer whose swimming pool is drained by order of the Department of Health for failure to maintain it properly will also be issued a notice of violation of the City of Fresno Municipal Code. The draining of pools for reasons of health and safety hazards as determined by the City of Fresno Water Division and/or the Department of Health is permitted. The application shall include the results of a pool water test conducted by an independent testing organization which shows a cyanuric acid level above 100 parts per million, total dissolved solids over 2,500 parts per million, or calcium over 450 parts per million, or stating the nature and duration of repairs to be made and the date on which the pool will be drained.

Fill newly constructed or refurbished swimming pools without a pool fill permit from the City of Fresno Water Division.

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.

Use potable water to irrigate or water outdoor landscaping in a manner that is prohibited by or inconsistent with any Federal or State regulations or other requirements not specifically identified in this section.

Notwithstanding the foregoing, drip irrigation of community and residential fruit and vegetable gardens and fruit trees is permitted any day of the week; for this subsection, "drip irrigation system" means a non-spray, low-pressure, and low volume irrigation system in good working order utilizing emission devices with a flow rate of less than four gallons per hour, designed to slowly apply small volumes of water at or near the root zone of plants, when used primarily for irrigation of fruit and vegetable gardens and fruit trees; should any city water customer be cited for excessive water use, the customer may contact the Water Division and request an exemption from the Outdoor Water Use Schedule for a home or community garden that is irrigated with a drip irrigation system. Upon being contacted, the Water Division will schedule a visit to the 3/30/26, 11:45 AM Fresno, CA Code of Ordinances
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(1)
(2)
(3)
(4)
(5)
(6)
(c)
(d)
(e)
(1)
(2)
(3)
subject property to inspect the garden and the drip irrigation system used to irrigate the garden. The Water Division shall grant an exemption for home or community garden with the following conditions:

The property must limit water use to an amount equal to, or less than, the average monthly water use for the single-family residential customer class. The monthly average water use for the single-family residential customer class is printed on monthly utility bills issued by the City.

The drip irrigation system must be in good working order with no leaks, line breaks, or other deficiencies that will contribute to water waste. Exemptions shall be withheld until corrective action is taken to address system deficiencies.

The drip irrigation system must be used primarily for the home or community garden, and not for other landscape on the property- Exemptions shall be withheld until the drip irrigation system for the home or community garden can be isolated from other landscape on the property.

No flood irrigation will be allowed with the drip irrigation system, and water must remain on the subject property with no runoff to sidewalks, driveways, pavements, or adjacent properties.

The home and community garden exemption is provided exclusively for drip irrigation systems only, and will not be allowed for other types of irrigation systems.

This exemption shall only apply to properties ¼ acre or smaller. For properties greater than ¼ acre, the property owner may apply to the Director or designee for an exemption.

Lawn sprinkling systems shall be properly designed, installed, maintained, and operated to prevent waste of water.

Repealed.

The provisions of this section are conditions of service.

Each incident of Excessive Use as defined in section 6-501, or use of water inconsistent with the provisions of this section, is an incident of water waste.

If a customer has one or more incidents of water waste during a month, as observed by City staff or as recorded by the City's water meter reading system, the customer shall be issued a Notice of Water Waste and, if applicable, charged a fine as set forth in the Master Fee Schedule. Such fines shall be added to the customer's monthly utility bill and shall be due and payable with that utility bill and subject to the FMC 6-106, Late Payment of Municipal Service Bills.

Incident counts for water waste shall be monitored, recorded, documented and enforced on a monthly basis during the calendar year for individual customers, and the incident counts shall be reset January 1 of each year.
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(4)
(5)
(a)
(b)
(c)
(d)
If a customer performs or permits incidents of water waste more than six consecutive months, the water service to the customer may be terminated unless in the opinion of the Director such termination would result in an unreasonable risk to the health and safety of persons. If water service is terminated for successive incident of water waste, 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.

If a customer objects to a fine imposed for an incident of water waste pursuant to this section, the following appeal process may be used.

Step 1.

Within thirty days of issuance of the utility bill including the fine, the customer may contact the Water Conservation Program to appeal an incident of water waste resulting in a fine with the staff person who initiated the enforcement measure. The staff person shall gather the facts about the incident.

The customer may provide staff with evidence there was no incident of water waste, or of a bona fide reason for the incident of water waste, including evidence of a water leak, or another reasonable justification for the water use, within ten business days of the customer's first communication with the Water Conservation Program regarding the alleged incident of water waste.

Within ten business days of the initiation of an appeal, staff shall provide the customer with documentation demonstrating the incident of water waste, if applicable.

The staff will provide the facts and evidence related to the appeal to the Water Conservation Program Supervisor, who will determine whether to rescind the enforcement measure. The Water Conservation Program Supervisor will provide a written decision to the customer within fifteen business days of the customer's appeal, or receiving any applicable evidence from the customer, whichever comes later.

Step 2. If the customer is not satisfied with the decision of the Water Conservation Program Supervisor, they may appeal to the Director or designee within ten business days of the date of the Water Conservation Program Supervisor's decision. The Director or designee shall review the appeal and any evidence the customer previously submitted, and provide a written decision within thirty days of receiving the appeal.

Step 3. If the customer is not satisfied with the decision of the Director of Public Utilities, the customer may appeal to the City's Administrative Hearing Officer in the manner provided in Chapter 1, Article 4 of this code. Such decision shall be final. 3/30/26, 11:45 AM Fresno, CA Code of Ordinances
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(Orig. Ord. 4481; Am. Ord. 6486, 1964; Am. Ord. 73-120, § 6, eff. 8-16-73; Am. Ord. 77-99, § 1, eff. 9-23-77; Am. Ord. 78-74, §§ 1, 2, eff. 5-26-78; Am. Ord. 80-115, § 149, eff. 8-8-80; Am. Ord. 89-48, §§ 1, 2, eff. 4-18-89; Am. Ord. 89-77, § 1, eff. 6-7-89; Am. Ord. 89-102, § 1, eff. 9-22-89; Am. Ord. 90-72, § 1, eff. 8-24-90; Am. Ord. 90-97, § 1, eff. 10-12-90; Am. Ord. 91-104, § 1, eff. 10-18-91; Am. Ord. 91-112, § 1, eff. 11-22-91; Am. Ord. 93- 14, § 1, eff. 2-23-93; Am. Ord. 93-20, § 2, eff. 4-30-93; Am. Ord. 2015-13, § 1, eff. 5-21-15; Am. Ord. 2015-29, § 1, eff. 8-27-15; Am. Ord. 2017-56, § 3, eff. 11-19-17; Am. Ord. 2018-45, § 1, eff. 8-10-18; Am. Ord. 2019-011, § 3, eff. 5-31-19; Am. Ord. 2022-026, § 1, eff. 10-8-22).

Editor's note— The provisions in subsection 6-520(e) regarding the enforcement program for incidents of water waste are effective January 1, 2018.
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City of Fresno Attachment 2
Fresno County Multi-Jurisdictional Hazard
Mitigation Plan
2025 Water Shortage Contingency Plan B
Attachment 2 Fresno County MultiJurisdictional Hazard
Mitigation Plan
Annex E: City of Fresno
Available online at:
https://www.fresnocountyca.gov/files/sharedassets/county/v/1/county-administrativeoffice/hazard-mitigation-plan/annex-files/draft-annex-e-city-of-fresno.pdf Annex E: City of Fresno
2024 Fresno County Hazard Mitigation Plan
May 2024 1
Annex E: City of
Fresno
Section Name
Annex E: City of Fresno
2024 Fresno County Hazard Mitigation Plan
May 2024 2

COMMUNITY PROFILE
Figure 1. City of Fresno City Boundaries displays a map and the location within Fresno County of the City of Fresno.

Source: CA Geoportal; CA-DFW; CalTrans; County of Fresno - GIS Figure 1. City of Fresno City Boundaries
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GEOGRAPHY AND CLIMATE
The City of Fresno, located in the Central Valley, covers an area of 113 square miles. The Sphere of Influence (SOI) encompasses 157 square miles in total, of which 44 square miles is unincorporated land. Figure 2. City of Fresno Limits and Sphere of Influence shows the SOI and City limits. Over the past decade, the City has expanded into the northern, northwestern, and eastern reaches of its Sphere of Influence.

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Source: Fresno Local Agency Formation Commission
Figure 2. City of Fresno Limits and Sphere of Influence Annex E: City of Fresno
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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. Fresno has a Mediterranean climate, averaging over 300 sunny days per year and little or no measurable precipitation from June through September.

Annual rainfall averages 11 inches and the City’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 had trace amounts on December 11, 2005. 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). In 2021, the Fresno area experienced 69 days over 100 degrees – a record-breaking number of days, according to data from the National Weather Service. 1The figure below shows the monthly normal for temperature and precipitation at the Fresno Yosemite International Airport NWS weather station.
1 Extreme heat in Fresno County affects health (fresnoland.org) https://fresnoland.org/2022/08/26/fresno-county-heatwaves-will-last-longer-in-the-future-heres-what-that-means-for-your-health/ Annex E: City of Fresno
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Source: NWS
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.

According to a report published by the American Lung Association, Fresno County is the dirtiest place in America for short-term particle pollution. The Fresno metro area saw a greater than 40 percent increase in the Lung Association’s statistic for annual short-term exposure to PM2.5 particles. 2 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.
2 New report says Fresno region has dirtiest air in US. Experts call for critical change - Fresnoland https://fresnoland.org/2022/04/21/new-report-says-fresno-region-has-dirtiest-air-in-us-experts-call-for-critical-change Figure 3. Fresno-Yosemite International Airport Monthly Normals for Precipitation and Temperature (1991-2020)
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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.

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 1. City of Fresno's Economic Characteristics.

Table 1. City of Fresno's Economic Characteristics
Characteristic City of Fresno
Families below Poverty Level 15.1%
All People below Poverty Level 20.6%
Median Family Income $74,085
Median Household Income $64,196
Per Capita Income $30,533
Population in Labor Force 263,824
Population Employed 242,002
Unemployment 7.9%
Source: U.S. Census Bureau American Community Survey 2018-2022 5-Year Estimates, www.census.gov/ Table 2. City of Fresno's Employment by Occupation and Table 3. City of Fresno's Employment by Industry show how the City of Fresno’s labor force breaks down by occupation and industry based on 5-year estimates from the 2018-2022 American Community Survey.

Table 2. City of Fresno's Employment by Occupation
Occupation # Employed % Employed
Management, Business, Science
and Arts Occupations 80,046 33.08%
Management, Business, and
Financial Occupations (33,682) (49.37%)
Computer, Engineering, and
Science Occupations (8,280) (12.64%)
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Occupation # Employed % Employed
Education, Legal, Community
Service, Arts, and Media
Occupations
(26,257) (38.49%)
Sales and Office Occupations 48,846 20.18%
Service Occupations 54,667 22.59%
Production, Transportation, and
Material Moving Occupations 36,666 15.15%
Natural Resources, Construction,
and Maintenance Operations 21,777 8.99%
Total 242,002 100.00%
Source: U.S. Census Bureau American Community Survey 2018-2022 5-Year Estimates, www.census.gov/ Table 3. City of Fresno's Employment by Industry
Industry # Employed % Employed
Educational Services, and Health
Care, and Social Assistance 55,512 22.94%
Retail Trade 25,233 10.43%
Arts, Entertainment, and Recreation,
and Accommodation, and Food
Services
26,632 11.00%
Professional, Scientific, and
Management, and Administrative
and Waste Management Services
24,980 10.32%
Manufacturing 16,051 6.63%
Public Administration 16,904 6.99%
Finance and Insurance, and Real
Estate and Rental and Leasing 13,334 5.51%
Other Services, Except Public
Administration 11,996 4.96%
Construction 14,154 5.85%
Agriculture, Forestry, Fishing, and
Hunting, and Mining 8,625 3.56%
Transportation and Warehousing
and Utilities 19,686 8.13%
Wholesale Trade 6,119 2.53%
Information 2,776 1.15%
Total 242,002 100.00%
Source: U.S. Census Bureau American Community Survey 2022 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. In recent years, unemployment sharply rose again, 17.4 Annex E: City of Fresno
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percent in April 2020, during the COVID-19 as many businesses shut down and employees were laid off. The most recent annual data from the State of California Employment Development Department indicates that in 2022 there were 244,027 people employed in the City of Fresno labor force. The unemployment rate was 8.2 percent as of December 2023.

POPULATION
According to the U.S. Census Bureau 2022 Population Estimate, Fresno’s population was estimated to be 545,567. 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 4. City of Fresno's Demographic and Social Characteristics.

Table 4. City of Fresno's Demographic and Social Characteristics Characteristics City of Fresno
Gender/Age
Male 49.2%
Female 50.0%
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 with a disability 11.75%
Source: U.S. Census Bureau American Community Survey 2018-2022 5-Year Estimates, www.census.gov/ 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).

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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 Firebaugh (see Table 6. City of Fresno - Hazard Summaries). Table 5. Risk Methodology shows the methodology to how the hazards were ranked. In the context of the plan’s planning area, there are no hazards that are unique to Fresno.

Table 5. Risk Methodology
RF Value = {(Probability x .30) + (Impact x .30) + (Spatial Extent x.20) + (Warning Time x .10) + (Duration x .10)}
Risk Assessment
Category Degrees of Risk Weight Value
Probability: What is
the likelihood of a
hazard event
occurring in a given
year?
Unlikely Less than 1% annual probability 1
30%
Possible Between 1% and 49.9% annual probability 2
Likely Between 50% and 90% annual probability 3
Highly Likely Greater than 90% annual probability 4
Impact: In terms of
injuries, damage, or
death, would you
anticipate impacts to
be minor, limited,
critical, or
catastrophic when a
significant hazard
event occurs?
Minor
Very few injuries, if any. Only minor property
damage and minimal disruption on quality of
life. Temporary shutdown of critical facilities. 1
30%
Limited
Minor injuries. More than 10% of property in
affected area damaged or destroyed.

Complete shutdown of critical facilities for
more than one day. 2
Critical
Multiple deaths / injuries possible. More than
25% of property in affected area damaged
or destroyed. Complete shutdown of critical
facilities for more than a week. 3
Catastrophic
High number of deaths / injuries possible.

More than 50% of property in affected area
damaged or destroyed. Complete shutdown
of critical facilities for 30 days or more. 4
Spatial Extent: How
large of an area
could be impacted by
Negligible Less than 1% of area affected 1
20%
Small Between 1% and 10.9% of area affected 2
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RF Value = {(Probability x .30) + (Impact x .30) + (Spatial Extent x.20) + (Warning Time x .10) + (Duration x .10)}
Risk Assessment
Category Degrees of Risk Weight Value
a hazard event? Are
impacts localized or
regional?
Moderate Between 11% and 25% of area affected 3
Large Greater than 25% of area affected 4
Warning Time: is
there usually some
lead time associated
with the hazard
event? Have warning
measures been
implemented?
More than 24
hours Self-Defined 1
10%
12 to 24 hours Self-Defined 2
6 to 12 hours Self-Defined 3
Less than 6
hours Self-Defined 4
Duration: how long
does the hazard
event usually last?
Less than 6
hours Self-Defined 1
10%
Less than 24
hours Self-Defined 2
Less than 1
week Self-Defined 3
More than 1
week Self-Defined 4
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Table 6. City of Fresno - Hazard Summaries
Hazard

0.3 0.3 0.2 0.1 0.1 Overall
Risk Probability Impact Spatial Extent Warning Time Duration Agricultural
Hazards Likely Minor Negligible 12 to 24 hours* Less than 24 hours* Low Avalanche Unlikely Minor Negligible N/A N/A Low
Dam Failure Unlikely Catastrophic Moderate Less than 6 hours Less than 24 hours High
Drought Possible Limited Large More than 24
hours
More than
1 week High
Earthquake Possible Limited Large Less than 6 hours Less than 6 hours Medium
Flood/Levee Failure Possible Limited Large More than 24 hours
Less than 1
week High*
Hazardous Materials Likely Critical Significant Less than 6 hours Less than 1 week High
Human Health Hazards
Epidemic/Pandemic Possible Catastrophic Large More than 24 hours
More than
1 week High
West Nile Virus Highly Likely Minor N/A N/A N/A Low
Severe Weather
Extreme
Cold/Freeze/Heat Highly Likely Limited Large More than 24 hours Less than 1
week High
Fog Likely Limited Large More than 24
hours
Less than
24 hours Medium*
Heavy
Rain/Thunderstorm/
Hail/Lightning/Wind
Highly Likely Minor Large More than 24
hours
Less than
24 hours Medium*
Tornado Possible Minor Large Less than 6 hours Less than 6 hours Low*
Winter Storm Highly Likely Minor Large More than 24
hours
Less than 1
week Medium*
Soil Hazards
Erosion Highly Likely Minor Moderate N/A N/A Medium
Expansive Soils Unlikely Minor Negligible N/A N/A Medium Land Subsidence Possible No Data Limited N/A N/A Medium Landslide Likely Limited Small 12 to 24 hours*
Less than
24 hours*
Medium
Volcano Unlikely Minor Negligible Less than 6 hours More than 1 week Low
Wildfire Highly Likely Critical Small 12 to 24 hours*
More than
1 week*
High
*Rated on an average basis. For example, warning time for agricultural hazards by vary by the type of hazard
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*Hazard “Overall Risk” differs from the risk factor methodology used based on the jurisdiction’s Hazard Risk Assessment Worksheet. For example, the “Overall Risk” for a hazard may be High but the jurisdiction assessed the hazard to be a Low risk based on other factors.

Note: N/A was identified for hazard characteristics when the information was not available or relevant to the hazard/jurisdiction.

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VULNERABILITY ASSESSMENT
The intent of this section is to assess Fresno’s vulnerability separate from that of the planning area as a whole, which has already been assessed in the Vulnerability Assessment section 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 worksheet, which was distributed to each participating municipality or special district to complete during the 2024 plan update. 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 to identify the related vulnerabilities unique to each jurisdiction.

Each participating jurisdiction was in support of the main hazard summary identified in the base plan.

However, the hazard summary rankings for each jurisdictional annex may vary slightly due to specific hazard risk and vulnerabilities unique to that jurisdiction (See Figure 6. City of Fresno—Hazard Summaries). Identifying these differences helps the reader to differentiate the jurisdiction’s risk and vulnerabilities from that of the overall County.

The hazard risk reflects overall ranking for each hazard and is based on the City of Fresno’s HMPC member input from the Risk Assessment Worksheet 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 Figure 6 reflect the hazards that could potentially affect the City. The discussion of vulnerability for each of the following hazards is located in the Estimating Potential Losses section. Those hazards that are not profiled in the vulnerability assessment were identified as consistent with the County’s overall vulnerability assessment. See Chapter 4 Risk Assessment for details on vulnerability to these hazards.

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.

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 Annex E: City of Fresno
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of Fresno from Fresno County GIS is provided in Table 7. City of Fresno's Critical Facilities and mapped in Figure 4. City of Fresno Critical Facilities.

Table 7. City of Fresno's Critical Facilities
Critical Facility Type Count
Airport 2
Bus 1
CalARP 28
Colleges & Universities 8
Communications 29
Electric 5
EOC 1
Fire Station 27
Health Care 13
Police 11
Railway 7
School 190
Supplemental College 7
Wastewater 2
Total 331
Source: Fresno County
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Source: CA Geoportal; CA-DFW; CalTrans; County of Fresno – GIS, 2022, 2023 Figure 4. City of Fresno Critical Facilities
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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 8. City of Fresno's Properties on the National Register of Historic Places).

Table 8. City of Fresno's Properties on the National Register of Historic Places Property Name Address Date-Listed
Azteca Theater 836-840 F Street 4/05/2017
Bank of Italy 1015 Fulton Mall 10/29/1982
Ben Gefvert Rank Historic District 4770 W Whites Bridge Road 1/01/2011 Brix, H.H, Mansion 2844 Fresno Street 9/15/1983
Einstein House 1600 M Street 1/31/1978
Fig Garden Woman’s Club 4550 N. Van Ness Blvd 7/18/1994 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 8/7/2010 Holy Trinity Armenian Apostolic
Church 2226 Ventura Street 7/31/1986
Hotel California 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
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Property Name Address Date-Listed
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
Rehorn House 1050 S Street 1/8/1982
Romain, Frank, House 2055 San Joaquin Street 1/11/1982
San Joaquin Light & Power
Corporation Buildings 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
Site of First Junior College in
California 2500 Stanislaus Street 6/28/1965
Site of the Fresno Free Speech Fight
of the Industrial Workers of the
World
Mariposa and I Streets 7/19/1974
Southern Pacific Passenger Depot 1033 H Street 3/21/1978 Temporary Detention Camps for
Japanese Americans-Fresno
Assembly Center
1141 South Chance Avenue 5/13/1980
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 (76 homes)
▪ The Huntington Boulevard Historic Districts (82 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 post- World 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), Annex E: City of Fresno
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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.

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 well- watered.

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.

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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 vernal pool species will be outcompeted 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 5. City of Fresno Annexation History. Even more growth is anticipated in the years to come, based on current trends.

Table 9. City of Fresno's Change in Population and Housing Units, 2017-2022 shows how the City has grown in terms of population and number of housing units between 2017 and 2022 alone.

Table 9. City of Fresno's Change in Population and Housing Units, 2017-2022 2017
Population
2022
Population
Estimate
Estimated
Percent
Change 2017-
2022
2017 # of
Housing
Units
2022
Estimated #
of Housing
Units
Estimated
Percent
Change 2017-
2022
527,422 545,564 +3.44% 180,495 192,007 +6.38%
Source: American Community Survey 5-Year Estimates 2017 and 2022 Annex E: City of Fresno
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Source: City of Fresno Development Department.

Figure 5. City of Fresno Annexation History
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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).

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 single- family 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 provides 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.

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.

Figure 12 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 Annex E: City of Fresno
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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 (LOW)
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 (HIGH)
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 (HIGH)
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 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 (MEDIUM)
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.

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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.

Fresno City CouncilJune 25, 2026

Fresno City Council
June 25, 2026