Cities Index.
Agenda packet

Modesto City Council
June 23, 2026

Document
Agenda packet
Meeting
June 23, 2026
Body
Modesto City Council
Pages
15
Original file
121.7 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

Only for Water Delivery Products Under the Urban Water Supplier's Operational Control
Sum of All Water Management
Processes
Non-Consequential Hydropower
DWR NOTES:

Total Utility:The volume of water entered in the “Total Utility” column should equal the volume of water entering the distribution system (excluding recycled water); in most cases, this is the total volume calculated in UWMP Table 4-1: 2025 Actual Total Uses for Potable and Non-Potable Water. Note if recycled water is included in your Submittal Table 4-1, you must exclude it from your volume in this table.

NOTES:
#20..
- 969 -
Water Delivery Product
drop down list
(If delivering more than one type of product recommend
using Table O-1C)
Wholesale
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
See DWR NOTES
Hydropower Net Utility
29,125 29,125
8,053,000 8,053,000
849 - 849
Quantity of Self-Generated Renewable Energy
0 kWh
Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Metered Data
Data Quality Narrative:

Narrative:

Optional Submittal Table O-1B: Recommended Energy Reporting - SINGLE DELIVERY PRODUCT - TOTAL UTILITY APPROACH Only for Water Delivery Products Under the Urban Water Supplier's 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)
DWR NOTES:

Total Utility: The volume of water entered in the “Total Utility” column should equal the volume of water entering the distribution system (excluding recycled water); in most cases, this is the total volume calculated in UWMP Table 4-1: 2025 Actual Total Uses for Potable and Non-Potable Water. Note if recycled water is included in your Submittal Table 4-1, you must exclude it from your volume in this table.

Energy consumption is based on MID's monthly metered electric bills during calendar year 2025. Energy usage includes energy consumed at MID's MRWTP and for pumping at MID's Terminal Reservoir Pump Station. Volume of water entering process is based on MID's total surface water delivered in 2025, consistent with DWR Table 4-1 Wholesale. Upstream embedded energy use is not included in the reported values.

NOTES:
#20..
- 970 -
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 Collection /
Conveyance
Treatment
Discharge /
Distribution Total
- 26,323 - 26,323
- 28,823,161 - 28,823,161
0 3,360 0 3,360
- - - 0
- - - 0
0 0 0 0
Quantity of Self-Generated Renewable Energy related to recycled water and wastewater operations
0 kWh
Data Quality (drop down)
Combination of Estimates and Metered Data
Data Quality Narrative:

Narrative:

Optional Submittal Table O-2: Recommended Energy Reporting - WASTEWATER AND RECYCLED WATER Only for Water Delivery Products Under the Urban Water
Supplier's Operational Control
Water Management Process
Energy consumption is based on the City's monthly metered electric bills during calendar year 2025. Energy usage includes energy consumed for wastewater treatment at the City's Sutter Avenue Primary Treatment Plant and the Jennings Road Treatment Plant and energy consumed for wastewater lift stations used to convey wastewater to the City's WWTPs and pumping used to discharge treated effluent. Volume of wastewater entering process is based on the City's estimated wastewater treated at the Jennings Road Treatment Plant in 2025, consistent with DWR Table 6-3 Retail.

NOTES:

Volume of Wastewater Entering Process (volume units selected above) Wastewater Energy Consumed (kWh)
Volume of Recycled Water Entering Process (volume units selected above) Recycled Water Energy Consumed (kWh)
Wastewater Energy Intensity (kWh/volume converted to MG) Recycled Water Energy Intensity (kWh/volume converted to MG) #20..
- 971 -
% of Average Supply
Average Year 1989-2025 100%
Single-Dry Year 2015 65%
Consecutive Dry Years 1st Year 2012 92%
Consecutive Dry Years 2nd Year 2013 92%
Consecutive Dry Years 3rd Year 2014 76%
Consecutive Dry Years 4th Year 2015 65%
Consecutive Dry Years 5th Year 2016 92%
118,700
77,040
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
Optional Submittal Table 7-1 Retail: Basis of Water Year Data (Reliability Assessment) Available Supplies if
Year Type Repeats
Check the box if quantification of available supplies is not compatible with this table and is provided
elsewhere in the UWMP.

Location: Section 7.2.1, Table 7-2 (DWR Table 7-1
Wholesale)
Volume Available (AF)
Quantification of available supplies is provided in this table as either volume only, percent only, or both.
109,300
109,300
NOTES: Volumes are rounded to the nearest 10 AF. Available volume includes both purchased water from MID and groundwater.

The volume available for the average year is based on the maximum annual volume of treated surface water that the City may receive from the expanded MRWTP per the ARTDA (67,200 AF) consistent with DWR Table 7-1 Wholesale. The volume available in dry years is based on the maximum volume of 67,200 AF multiplied by MID's actual reduction in water allotment to its customers during the respective base year. The actual supply quantity available in a given year will be based on the City’s increase in demand and will need to conform to requirements of the ARTDA. Available groundwater supply is based on the City's operational yield of 51,500 AFY and is not expected to be reduced in dry years. 89,810
77,040
109,300
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. This table reports the units of measure reported in Submittal Table 2-3. #20..
- 972 -
% of Average Supply
Average Year 1989-2025 100%
Single-Dry Year 2015 38%
Consecutive Dry Years 1st Year 2012 86%
Consecutive Dry Years 2nd Year 2013 86%
Consecutive Dry Years 3rd Year 2014 57%
Consecutive Dry Years 4th Year 2015 38%
Consecutive Dry Years 5th Year 2016 86%
OPTIONAL Submittal Table 7-1 Wholesale: Basis of Water Year Data (Reliability Assessment) Available Supplies if
Year Type Repeats
Check the box if quantification of available supplies is not compatible with this table and is provided elsewhere in the UWMP.

Location: [insert location from UWMP]
Volume Available (AF)
NOTES: Volumes available are rounded to the nearest 10 AF. The volume available for the average year is based on the maximum annual volume of treated surface water that the City may receive from the expanded MRWTP per the ARTDA (67,200 AF). The volume available in dry years is based on the maximum volume of 67,200 AF multiplied by MID's actual reduction in water allotment to its customers during the respective base year. The actual supply quantity available in a given year will be based on the City’s increase in demand and will need to conform to requirements of the ARTDA.

DWR NOTES: Supplier may use multiple versions of Submittal Table 7-1 W 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 W, in the "Note" section of each submittal table, state that multiple versions of Submittal Table 7-1 W 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. This table reports the unit of measure selected in Submittal Table 2-3. 38,310
Quantification of available supplies is provided in this table as either volume only, percent only, or both.
57,800
25,540
57,800
67,200
25,540
57,800
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
#20..
- 973 -
2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) 2050 (AF)
Supply totals
(autofill from Submittal Table 6-9 R) 57,165 59,385 61,675 64,045 66,255 Use totals
(autofill from Submittal Table 4-2 R) 57,165 59,385 61,675 64,045 66,255 Surplus/(shortfall) 0 0 0 0 0
Submittal Table 7-2 Retail: Normal Year Supply and Use Comparison Water Code Section 10635 (a)
NOTES: Projected water use totals are consistent with DWR Table 4‑2 Retail and include non‑potable groundwater use of 1,865 AFY. Projected water supply includes normal year surface water and groundwater supplies, consistent with DWR Table 6-9 Retail.

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

Supply totals
(autofill from Submittal Table 6-9 W) 38,710 40,264 41,867 43,526 45,073 Use totals
(see OPTIONAL Submittal Table 4-2 W) 38,710 40,264 41,867 43,526 45,073 Surplus/(shortfall) 0 0 0 0 0
Submittal Table 7-2 Wholesale: Normal Year Supply and Use Comparison Water Code Section 10635 (a)
2030 (AF) 2035 (AF) 2040 (AF)
NOTES: Projected wholesale supply available during normal year conditions is consistent with DWR Table 6-9 Wholesale.

Projected wholesale use is based on the City's projected surface water use defined in DWR Table 4-2 Wholesale. Actual surface water supply availability and purchases may vary based on hydrologic condition and retail demands.

DWR NOTES : Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3. 2045 (AF) 2050 (AF)
#20..
- 974 -
Supply totals 57,165 59,385 61,675 64,045 66,255
Use totals 57,165 59,385 61,675 64,045 66,255
Surplus/(shortfall) 0 0 0 0 0
2050 (AF)
NOTES: Projected water use totals are consistent with DWR Table 4‑2 Retail and include non‑potable groundwater use of 1,865 AFY. Supply totals include the City’s surface water allocation expected under single dry‑year conditions and its groundwater supply. Under a single dry year, it is conservatively assumed that the City may receive 38 percent of its normal year surface water allocation from MID (DWR Table 7‑2 Wholesale). The remaining water demand is assumed to be met by the City's groundwater supply, which is not restricted during dry year conditions and remains below the City's operational yield of 51,500 AFY.

Submittal Table 7-3 Retail: Single Dry Year Supply and Use Comparison Water Code Section 10635(a)
2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF)
2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) 2050 (AF)
Supply totals 14,710 15,300 15,909 16,540 17,128
Use totals 14,710 15,300 15,909 16,540 17,128
Surplus/(shortfall) 0 0 0 0 0
NOTES: Under single dry year conditions, it is conservatively assumed that MID's surface water allocation to the City may be reduced to only 38 percent of the City's normal year wholesale demand (DWR Table 7-2 Wholesale). Projected wholesale use is set to available supply, as the City will maximize its use of available surface water and meet any remaining demands with its groundwater supply. For planning purposes, it is conservatively assumed that the supplemental purchase and exchange options are unavailable.

Submittal Table 7-3 Wholesale: Single Dry Year Supply and Use Comparison Water Code Section 10635(a)
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.
#20..
- 975 -
2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) 2050 (AF)
Supply totals 57,165 59,385 61,675 64,045 66,255
Use totals 57,165 59,385 61,675 64,045 66,255
Surplus/(shortfall) 0 0 0 0 0
Supply totals 57,609 59,843 62,149 64,487 66,255
Use totals 57,609 59,843 62,149 64,487 66,255
Surplus/(shortfall) 0 0 0 0 0
Supply totals 58,053 60,301 62,623 64,929 66,255
Use totals 58,053 60,301 62,623 64,929 66,255
Surplus/(shortfall) 0 0 0 0 0
Supply totals 58,497 60,759 63,097 65,371 66,255
Use totals 58,497 60,759 63,097 65,371 66,255
Surplus/(shortfall) 0 0 0 0 0
Supply totals 58,941 61,217 63,571 65,813 66,255
Use totals 58,941 61,217 63,571 65,813 66,255
Surplus/(shortfall) 0 0 0 0 0
Submittal Table 7-4 Retail: Multiple Dry Years Supply and Use Comparison Water Code Section 10635(a)
Second year
Third year
Fifth year
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

Fourth year
NOTES: Projected water use is consistent with DWR Table 4-2 Retail and is linearly interpolated between each five-year increment. Projected water use also includes non‑potable groundwater use of 1,865 AFY. The City’s surface water supply from MID is projected to be reduced to approximately 86 percent of the City's normal year allocation in the first year and second year, followed by a reduction to 57 percent of normal year allocation in the third year, 38 percent of normal year allocation in the fourth year, and 86 percent of normal year allocation in the fifth year. The remaining water demand is assumed to be met by the City's groundwater supply, which is not restricted during dry year conditions and remains below the City's operational yield of 51,500 AFY.

First year
#20..
- 976 -
Supply totals 33,291 34,627 36,006 37,432 38,763
Use totals 33,291 34,627 36,006 37,432 38,763
Surplus/(shortfall) 0 0 0 0 0
Supply totals 33,558 34,903 36,291 37,698 38,763
Use totals 33,558 34,903 36,291 37,698 38,763
Surplus/(shortfall) 0 0 0 0 0
Supply totals 22,419 23,316 24,242 25,163 25,692
Use totals 22,419 23,316 24,242 25,163 25,692
Surplus/(shortfall) 0 0 0 0 0
Supply totals 15,064 15,666 16,288 16,893 17,128
Use totals 15,064 15,666 16,288 16,893 17,128
Surplus/(shortfall) 0 0 0 0 0
Supply totals 34,360 35,730 37,147 38,497 38,763
Use totals 34,360 35,730 37,147 38,497 38,763
Surplus/(shortfall) 0 0 0 0 0
2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) 2050 (AF)
Submittal Table 7-4 Wholesale: Multiple Dry Years Supply and Use Comparison Water Code Section 10635(a)
First year
Second year
NOTES: MID's surface water allocation is projected to be reduced to approximately 86 percent of normal year allocation in the first year and second year, followed by a reduction to 57 percent of normal year allocation in the third year, 38 percent of normal year allocation in the fourth year, and 86 percent of normal year allocation in the fifth year. Projected wholesale use is set to available supply, as the City will maximize its use of available surface water and meet any remaining demands with its groundwater supply. For planning purposes, it is conservatively assumed that the supplemental purchase and exchange options are unavailable.

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

Fourth year
Fifth year
#20..
- 977 -
2026 Total
Total Water Use (AF) 52,715
Total Supplies (AF) 52,715
Surplus/Shortfall w/o WSCP Action 0
2027 Total
Total Water Use (AF) 53,828
Total Supplies (AF) 53,828
Surplus/Shortfall w/o WSCP Action 0
2028 Total
Total Water Use (AF) 54,940
Total Supplies (AF) 54,940
Surplus/Shortfall w/o WSCP Action 0
2029 Total
Total Water Use (AF) 56,053
Total Supplies (AF) 56,053
Surplus/Shortfall w/o WSCP Action 0
2030 Total
Total Water Use (AF) 57,165
Total Supplies (AF) 57,165
Surplus/Shortfall w/o WSCP Action 0
NOTES: The City's projected demands are consistent with Table 4-7 and include both potable and non-potable demands.

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

Submittal Table 7-5 Retail: Five-Year Drought Risk Assessment Water Code Section 10635(b)(3)
#20..
- 978 -
Standard
Shortage
Levels
Percent Shortage
Range
Suppliers
Shortage
Levels
Percent
Shortage Range
1 Up to 10%
2 Up to 20%
3 Up to 30%
4 Up to 40%
5 Up to 50%
6 >50%
Submittal Table 8-1: Cross-reference for Standard vs
Supplier Shortage Levels
Water Code Section 10632(a)(3)(B)
Check the box if the Supplier uses the Standard
six levels of water shortage.

Proceed to the next table.

NOTES:

Yes
Volume or
Percentage
Drop down
Shortage Gap
Reduction Value
(May be a range)
(AF)
5 Other Purchases Volume Up to shortage gap
By temporary arrangement, purchase
additional treated surface water supply
from MID
Submittal Table 8-2 Retail: Supply Augmentation and Other Actions Water Code Section 10632(a)(4)(A),(C) and (E)
NOTES:

Is the Supplier completing this table using the standard six levels? (yes/no) How much is this going to reduce the
shortage gap?
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
Additional Explanation or Reference
(OPTIONAL)
#20..
- 979 -
Yes
Volume or Percentage
Drop down
Shortage Gap Reduction Value
(May be a range) (AF)
1 Expand Public Information Campaign Volume (see Notes) City to encourage water users to implement best
water management and conservation practices
associated with higher shortage levels. This is
ongoing and can be expanded in accordance with
drought severity.

No
1 Landscape - Limit landscape irrigation to
specific days Percentage
Up to 20% reduction in landscape
irrigation
See Table 5 for details. Yes
1 Other Volume (see Notes) Car washing restriction - see Table 5 for details. Yes 1 CII - Restaurants may only serve water
upon request
Volume Up to 50 gal/day per commercial
connection
Restaurants encouraged to do so. Yes
1 Other - Prohibit use of potable water for
washing hard surfaces Volume (see Notes) See Table 5 for details. Yes 1 Other - Customers must repair leaks,
breaks, and malfunctions in a timely
manner
Volume (see Notes) Once identified, leaks must be repaired within 24 hours. Yes
1 Offer Water Use Surveys Volume (see Notes) This action is ongoing and can be expanded in accordance with drought severity. No
1 Provide Rebates on Plumbing Fixtures and
Devices
Volume Up to 9,000 gal/yr per participating
household
This action is ongoing and can be expanded in
accordance with drought severity. No
1 Provide Rebates for Landscape Irrigation
Efficiency Volume (see Notes) This action is ongoing and can be expanded in accordance with drought severity. No 1 Provide Rebates for Turf Replacement Volume Up to 45 gal/yr per square foot of lawn replaced
This action is ongoing and can be expanded in
accordance with drought severity. No
2 Landscape - Limit landscape irrigation to
specific days Percentage
Up to 25% reduction in landscape
irrigation
See Table 5 for details. Yes
2 Other Volume (see Notes) Car washing restriction - see Table 5 for details. Yes 3 Landscape - Limit landscape irrigation to
specific days Percentage
Up to 33% reduction in landscape
irrigation
See Table 5 for details. Yes
3 Other Volume (see Notes) Car washing restriction - see Table 5 for details. Yes 3 CII - Restaurants may only serve water
upon request
Volume 50 gal/day per commercial
connection
Yes
3 Other Volume Up to 9,000 gal/yr per participating
household
Low-flow showerhead retrofit - see Table 5 for
details. Yes
3 Water Features - Restrict water use for
decorative water features, such as
fountains
Volume Public display of conservation (see
Notes) See Table 5 for details. Yes
3 Landscape - Other landscape restriction
or prohibition Volume (see Notes) See Table 5 for details. Yes 3 CII - Lodging establishment must offer opt
out of linen service Volume 250-500 gal/day per lodging establishment Yes 3 Increase Frequency of Meter Reading Volume (see Notes) No 3 Decrease Line Flushing Volume Depends on extent and frequency of current flushing activities No
3 Reduce System Water Loss Percentage Up to 35% reduction of system losses No 3 Increase Water Waste Patrols Volume (see Notes) Increase number of patrols and hours available. Yes 4 Landscape - Limit landscape irrigation to
specific days Percentage
Up to 56% reduciton in landscape
irrigation
See Table 5 for details. Yes
4 Other Volume (see Notes) Car washing restriction - see Table 5 for details. Yes 4 Implement or Modify Drought Rate
Structure or Surcharge Volume (see Notes) Yes
5 Landscape - Prohibit certain types of
landscape irrigation Volume (see Notes) Outdoor water use limited to hand or drip irrigation.

Yes
5 Other Volume Up to 200 gal/yr per residential
connection
Car washing at car wash facilities only. Yes
5 Other Volume Up to 9,000 gal/yr per participating
household
Low-flow showerhead and toilet retrofit - see Table
5 for details. Yes
6 Landscape - Other landscape restriction
or prohibition Volume No additional landscape demand. Moratorium on all new landscaping. Only zeroscape allowed. Yes 6 Moratorium or Net Zero Demand
Increase on New Connections
Volume No additional demand. See Table 5 for details. 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),(D), and (E)
How much is this going to reduce the shortage gap?
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.

Additional Explanation or Reference
(OPTIONAL)
NOTES: These demand reduction actions boost the effectiveness of other actions but are not quantifiable on their own.

Penalty, Charge,
or Other
Enforcement?
For Retail Suppliers Only
Drop Down List
#20..
- 980 -
City Name 60 Day Notice
Drop Down (yes/no)
Notice of Public
Hearing
Drop Down (yes/no)
City of Modesto Yes Yes
City of Turlock Yes Yes
City of Ceres Yes Yes
County Name
Drop Down List
60 Day Notice
Drop Down (yes/no)
Notice of Public
Hearing
Drop Down (yes/no)
Stanislaus County Yes Yes
Submittal Table 10-1 Retail: Notification to Cities and Counties Water Code Section 10621(b) and 10642
NOTES:

City Name 60 Day Notice
Drop Down (yes/no)
Notice of Public Hearing
Drop Down (yes/no)
City of Modesto Yes Yes
City of Turlock Yes Yes
City of Ceres Yes Yes
County Name
Drop Down List
60 Day Notice
Drop Down (yes/no)
Notice of Public Hearing
Drop Down (yes/no)
Stanislaus County Yes Yes
NOTES:

Submittal Table 10-1 Wholesale: Notification to Cities and Counties Water Code Section 10621(b) and 10642
Check the box if the Supplier has notified more than 10 cities or counties.

Completion of the table below is not required. Provide a separate list of the cities and counties that were notified.

Provide the page or location of this list in the UWMP.

Check the box if the Supplier has notified 10 or fewer cities or counties.

Complete the table below.
#20..
- 981 -
DWR 2025 Urban Water Management Plan Checklist
Appendix C
#20..
- 982 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-1 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Chapter 1 10615 A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses,
reclamation and demand management activities.

Introduction and
Overview
n/a Executive
Summary
x x Chapter 1 10630.5 Each plan shall include a simple description of the Supplier’s plan including water availability,
future requirements, a strategy for meeting
needs, and other pertinent information.

Additionally, a Supplier may also choose to
include a simple description at the beginning of
each chapter.

Plan Preparation n/a Executive
Summary
x x Section 2.1 10620(b) Every person that becomes a Supplier shall adopt UWMP within one year after it has
become a Supplier.

Plan Preparation n/a Section 2.1
x n/a Section 2.5 10644 Supplier shall report the Public Water Systems number, volume of delivered water, and number
of connections that are included in this UWMP.

Plan Preparation 2-1R Section 2.1
x x Section 2.5 10644 Supplier shall report if this UWMP is an individual UWMP and whether the Supplier
belongs to a regional UWMP or regional alliance.

Plan Preparation 2-2 Section 2.3
x x Section 2.5 10644 Supplier shall report whether the data is in fiscal or calendar years and the units of measure used
for reporting water volumes.

Plan Preparation 2-3 Section 2.4
x x Section 2.4 10642 Provide supporting documentation that the Supplier has encouraged active involvement of
diverse social, cultural, and economic elements
of the population within the service area prior to
and during the preparation of the plan and
contingency plan.

Plan Preparation n/a Section 2.5.2 and
Appendix D
#20..
- 983 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-2 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 2.4.2 10620(d)(3) Coordinate the preparation of its plan with other appropriate agencies in the area, including other
Suppliers that share a common source, water
management agencies, and relevant public
agencies, to the extent practicable.

Plan Preparation n/a Section 2.5 and
Appendix D
x n/a Section 2.4.1 10631(h) Retail Suppliers will include documentation that they have provided their Wholesale Supplier(s)—
if any—with water use projections from
that source.

Plan Preparation 2-4 R Section 2.5.1
n/a x Section 2.4.1 10631(h) Wholesale Suppliers will provide their Suppliers with identification and quantification of the
existing and planned sources of water available
from the Wholesale Supplier to the Supplier
during various water year types.

Plan Preparation 2-4 W Section 2.5.1
x x Chapter 3.0 10631(a) Describe the Supplier service area. System Description n/a Section 3.2 x x Section 3.3 10631(a) Describe the climate of the Supplier’s service area.

System Description n/a Section 3.3
x x Section 3.4.1 10631(a) Provide the current and projected service area populations for 2030, 2035, 2040, 2045 and
optionally 2050.

System Description 3-1R, 3-1 W Section 3.4.1,
Section 3.4.2
x x Section 3.4.2 10631(a) Describe other social, economic, and demographic factors affecting the Supplier’s
water management planning.

System Description n/a Section 3.4.3
x x Section 3.5 10631(a) Describe the land uses within the service area… include the current and projected land uses
within the existing or anticipated service area
affecting the Supplier’s water management
planning. Describe the land uses within the
service area.

System Description
and Baselines
n/a Section 3.5
#20..
- 984 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-3 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x Optional Sections 4.2.3
and 4.2.4
10631(d)(1) Quantify past, current, and projected water use, identifying the uses among water use sectors.

System Water Use 4-1 R, 4-1 W,
4-2 R, and
4-2W
Section 4.2
x Optional Section 4.3.1 10631(d)(3)(A) Report the distribution system water loss for each of the five years preceding the plan update.

System Water Use 4-5R Section 4.3.1 and
Appendix E
x n/a Section 4.3.2 10631(d)(3)(C) Retail Suppliers shall provide data to show the distribution loss standards were met.

System Water Use 4-6R Section 4.3.2
x n/a Section 4.2.5.4 10631.1(a) Include projected water use needed for lower income housing projected in the service area of
the Supplier.

System Water Use n/a Section 4.2.6
x n/a Section 4.2.5.3 10631(d)(4)(A) In projected water use, include estimates of water savings from adopted codes, plans, and
other policies or laws.

System Water Use n/a Section 4.2.5
x n/a Section 4.2.5.3 10631(d)(4)(B) Provide citations of codes, standards, ordinances, or plans used to make water
use projections.

System Water Use n/a Section 4.2.5
x n/a Section 4.2.5.3 10631(d)(4)(B)(ii) To the extent that a Supplier reports the information described in subparagraph (A), an
urban water Supplier shall… Indicate the extent
that the water use projections consider savings
from codes, standards, ordinances, or
transportation and land use plans. Water use
projections that do not account for these water
savings shall be noted of that fact.

System Water Use 4-3R Section 4.2.5
x x Section 4.2.5.6 10635(b) Demands under climate change considerations must be included as part of the drought
risk assessment.

System Water Use n/a Section 4.2.4 and
Section 4.4
#20..
- 985 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-4 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
n/a x Section 5.1 10608.36 Wholesale Suppliers shall include an assessment of present and proposed future measures,
programs, and policies to help their Retail
Suppliers achieve targeted water use reductions.

Baselines and
Targets
n/a Section 9.1
x n/a Section 5.2 10608.4 Retail Suppliers shall report on their compliance in meeting their water use targets. Reporting
requirements will vary depending on whether
the Supplier:
• Was considered an urban retail water
supplier in 2020,
• Met its 2020 target in 2020, or
• Was part of a merger or consolidation
since 2020.

Chapter 5 Subsections 5.2.1, 5.2.2, and 5.2.3
address each of these situations.

Baselines and
Targets
5-1 Section 5.2
x x Section 6.1 10631(b)(2) When multiple sources of water supply are identified, describe the management of
each supply in relationship to other
identified supplies.

System Supplies n/a Section 6.1 and
Section 7.4
x x Sections 6.1 and 6.2 10631(b)(1) Provide a discussion of anticipated supply availability under a normal, single dry year, and
a drought lasting five years, as well as more
frequent and severe periods of drought,
including changes in supply due to
climate change.

System Supplies n/a Section 6.1, 6.2,

6.3, 6.4, 6.10,

6.11, 7.2, 7.3
#20..
- 986 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-5 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 6.2.2 10631(b)(4)(C) Indicate whether groundwater is an existing or planned source of water available to the
Supplier. If groundwater is identified as an
existing or planned source of water… (include) a
detailed description and analysis of the location,
amount and sufficiency of groundwater pumped
by the Supplier for the past five years.

Water Supplies and
Recycled Water
6-1R and
6-1W
Section 6.4
x x Section 6.2.2 10631(b)(4)(A) Indicate whether a groundwater sustainability plan or groundwater management plan has been
adopted by the Supplier or if there is any other
specific authorization for groundwater
management. Include a copy of the plan
or authorization.

System Supplies n/a Section 6.4.1.4
and Section

6.4.1.5 x x Section 6.2.2 10631(b)(4)(B) Describe the groundwater basin. System Supplies n/a Section 6.4.1.1,

6.4.1.2, 6.4.1.3
x x Section 6.2.2 10631(b)(4)(B) Indicate if the basin has been adjudicated and include a copy of the court order or decree and a
description of the amount of water the Supplier
has the legal right to pump.

System Supplies n/a Section 6.4.1.4
x x Section 6.2.2 10631(b)(4)(B) For unadjudicated basins… (include) information as to whether DWR has identified the basin as a
high- or medium-priority basin in the most
current official departmental bulletin…
Water Supplies and
Recycled Water
n/a Section 6.4.1.4
x x Section 6.2.2 10631(b)(4)(B) For unadjudicated basins… describe efforts by the Supplier to coordinate with sustainability or
groundwater agencies to achieve sustainable
groundwater conditions.

Water Supplies and
Recycled Water
n/a Section 6.4.1.4
and Section

6.4.1.5 #20..
- 987 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-6 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 6.2.2. 10631(b)(4)(C) If groundwater is identified as an existing or planned source of water… (include) a detailed
description and analysis of the location, amount
and sufficiency of groundwater pumped by the
Supplier for the past five years.

System Supplies 6-1 R and
6-1 W
Section 6.4.1.7
and Section 6.4.2
x x Section 6.2.2 10631(b)(4)(D) Provide a detailed description and analysis of the amount and location of groundwater that is
projected to be pumped.

System Supplies n/a Section 6.4.1.8
(UWMP Table
6-5) and Section

6.4.2 x x Section 6.1 10631(b) Identify and quantify the existing and planned sources of water available for 2025, 2030, 2035,
2040, 2045 and optionally 2050.

System Supplies 6-8R, 6-8 W,
6-9R, and
6-9 W
Section 6.10
x x Section 6.2.7 10631(c) Describe the opportunities for exchanges or transfers of water on a short-term or
long-term basis.

System Supplies n/a Section 6.8
x n/a Section 6.2.5 10633(a) Describe the wastewater collection and treatment systems in the Supplier’s service area
with quantified amount of collection and
treatment and the disposal methods.

System Supplies
(Recycled Water)
6-2R, 6-3 R,
and 6-3 W
Section 6.6.2
x x Section 6.2.5 10633(b) Describe the quantity of treated wastewater that meets recycled water standards, is being
discharged, and is otherwise available for use in
a recycled water project.

System Supplies
(Recycled Water)
6-3R and
6-3 W
Section 6.6.2
x x Section 6.2.5 10633(c) Describe the recycled water currently being used in the Supplier's service area.

System Supplies
(Recycled Water)
6-4R, 6-4 W,
6-5 R, and
6-5 W
Section 6.6.3 and
Section 6.6.4
#20..
- 988 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-7 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 6.2.5 10633(d) Describe and quantify the potential uses of recycled water and provide a determination of
the technical and economic feasibility of those
uses.

System Supplies
(Recycled Water)
6-4R and
6-4 W
Section 6.6.4 and
Section 6.6.5
x x Section 6.2.5 10633(e) Describe the projected use of recycled water within the Supplier's service area at the end of 5,
10, 15, and 20 years, and describe the actual use
of recycled water in comparison to uses
previously projected.

System Supplies
(Recycled Water)
6 4 R, 6-4 W,
6-5 R, and
6-5 W
Section 6.6.3 and
Section 6.6.4
x x Section 6.2.5 10633(f) Describe the actions that may be taken to encourage the use of recycled water and the
projected results of these actions in terms of
acre-feet of recycled water used per year.

System Supplies
(Recycled Water)
6-6R Section 6.6.5
x x Section 6.2.5 10633(g) Provide a plan for optimizing the use of recycled water in the Supplier's service area.

System Supplies
(Recycled Water)
n/a Section 6.6.5
x x Section 6.2.6 10631(g) Describe desalinated water project opportunities for long-term supply.

System Supplies n/a Section 6.7
x x Section 6.2.10 10631(f) Describe the expected future water supply projects and programs that may be undertaken
by the water Supplier to address water supply
reliability in average, single-dry, and for a period
of drought lasting five consecutive water years.

System Supplies 6-7R and
6-7 W
Section 6.9
x x Section 6.3 and
Appendix O
10631.2(a) The UWMP must include energy information,
as stated in the code, that a Supplier can
readily obtain.

System Suppliers,
Energy Intensity
O-1BR,
O-1B W, and
O-2
Section 6.12
x Section 7.1 10634 Provide information on the quality of existing sources of water available to the Supplier and
the manner in which water quality affects water
management strategies and supply reliability.

Water Supply
Reliability
Assessment
n/a Section 7.1.1,
Section 7.1.2, and
Section 6.4.1.3
#20..
- 989 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-8 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 7.2 10635(a) Service Reliability Assessment: Assess the water supply reliability during normal, dry, and a
drought lasting five consecutive water years by
comparing the total water supply sources
available to the Supplier with the total projected
water use over the next 20 years.

Water Supply
Reliability
Assessment
7-2R, 7-2 W,
7-3R, 7-3 W,
7-4R, and
7-4 W
Section 7.2
x x Section 7.2.3 10620(f) Describe water management tools and options to maximize resources and minimize the need to
import water from other regions.

Water Supply
Reliability
Assessment
n/a Section 7.4
x x Section 7.3 10635(b) Provide a drought risk assessment as part of information considered in developing the
demand management measures and water
supply projects.

Water Supply
Reliability
Assessment
7-5 Section 7.3
x x Section 7.3 10635(b)(1) Include a description of the data, methodology, and basis for one or more supply shortage
conditions that are necessary to conduct a
drought risk assessment for a drought period
that lasts five consecutive years.

Water Supply
Reliability
Assessment
n/a Section 7.3.1 and
Section 7.3.2
(UWMP
Table 7-10)
x x Section 7.3 10635(b)(2) Include a determination of the reliability of each source of supply under a variety of water
shortage conditions.

Water Supply
Reliability
Assessment
n/a Section 7.3.1 and
Section 7.3.2
(UWMP
Table 7-10)
x x Section 7.3 10635(b)(3) Include a comparison of the total water supply sources available to the Supplier with the total
projected water use for the drought period.

Water Supply
Reliability
Assessment
7-5 Section 7.3.3
#20..
- 990 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-9 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 7.3 10635(b)(4) Include considerations of the historical drought hydrology, plausible changes on projected
supplies and demands under climate change
conditions, anticipated regulatory changes, and
other locally applicable criteria.

Water Supply
Reliability
Assessment
n/a Section 7.1 and
Section 7.2.1
x x Chapter 8 10632(a) Provide a water shortage contingency plan (WSCP) with specified elements below.

Water Shortage
Contingency
Planning
n/a Section 8.2 and
Appendix G City
of Modesto
WSCP
x x Chapter 8 10632(a)(1) Provide an analysis of water supply reliability (from Guidebook Chapter 7) in the WSCP.

Water Shortage
Contingency
Planning
n/a Section 8.3 and
Appendix G City
of Modesto
WSCP Section 1.0
x x Section 8.2 10632(a)(2)(A) Provide the written decision-making process and other methods that the Supplier will use each
year to determine its water reliability.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 2.0
x x Section 8.2 10632(a)(2)(B) Provide data and methodology to evaluate the Supplier’s water reliability for the current year
and one dry year pursuant to factors in the code.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 2.2
and Section 2.3
x x Section 8.3 10632(a)(3)(A) Define six standard water shortage levels of 10%, 20%, 30%, 40%, 50% shortage, and greater than
50% shortage. These levels shall be based on
supply conditions, including percent reductions
in supply, changes in groundwater levels,
changes in surface elevation, or other conditions.

The shortage levels shall also apply to a
catastrophic interruption of supply.

Water Shortage
Contingency
Planning
8-1 Appendix G City
of Modesto
WSCP Section 3.0
#20..
- 991 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-10 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 8.3 10632(a)(3)(B) Suppliers with an existing WSCP that uses different water shortage levels must cross
reference their categories with the six
standard categories.

Water Shortage
Contingency
Planning
8-1 Appendix G City
of Modesto
WSCP Section 3.0
x x Section 8.4 10632(a)(4)(A) Suppliers with WSCPs that align with the defined shortage levels must specify locally appropriate
supply augmentation actions.

Water Shortage
Contingency
Planning
8-2 Appendix G City
of Modesto
WSCP Section 4.3
x x Section 8.4 10632(a)(4)(B) Specify locally appropriate demand reduction actions to adequately respond to shortages.

Water Shortage
Contingency
Planning
8-3 Appendix G City
of Modesto
WSCP Section 4.1
x x Section 8.4 10632(a)(4)(C) Specify locally appropriate operational changes. Water Shortage Contingency
Planning
8-3 Appendix G City
of Modesto
WSCP Section 4.4
x x Section 8.4 10632(a)(4)(D) Specify additional mandatory prohibitions against specific water use practices that are in
addition to State-mandated prohibitions are
appropriate to local conditions.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 4.2
x x Section 8.4 10632(a)(4)(E) Estimate the extent to which the gap between supplies and demand will be reduced by
implementation of the action.

Water Shortage
Contingency
Planning
8-2 and 8-3 Appendix G City
of Modesto
WSCP Section 4.1
and Section 4.3
x x Section 8.4.6 10632.5 The UWMP shall include a seismic risk assessment and mitigation plan.

Water Shortage
Contingency Plan
n/a Section 8.3.1
x x Section 8.5 10632(a)(5)(A) Suppliers must describe that they will inform customers, the public and others regarding any
current or predicted water shortages.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 5.0
#20..
- 992 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-11 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 8.5 10632(a)(5)(B),
10632(a)(5)(C)
Suppliers must describe that they will inform
customers, the public and others regarding any
shortage response actions triggered or
anticipated to be triggered and other relevant
communications.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 5.0
x n/a Section 8.6 10632(a)(6) Retail Supplier must describe how it will ensure compliance with and enforce provisions of
the WSCP.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 6.0
x x Section 8.7 10632(a)(7)(A) Describe the legal authority that empowers the Supplier to enforce shortage response actions.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 7.0
x x Section 8.7 10632(a)(7)(B) Provide a statement that the Supplier will declare a water shortage emergency per Water
Code Chapter 3. Water Shortage Emergencies.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 7.0
x x Section 8.7 10632(a)(7)(C) Provide a statement that the Supplier will coordinate with any city or county within which
it provides water for the possible proclamation
of a local emergency.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 7.0
x x Section 8.8 10632(a)(8)(A) Describe the potential revenue reductions and expense increases associated with activated
shortage response actions.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 8.0
x x Section 8.8 10632(a)(8)(B) Provide a description of mitigation actions needed to address revenue reductions and
expense increases associated with activated
shortage response actions.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 8.0
x n/a Section 8.8 10632(a)(8)(C) Retail Suppliers must describe the cost of compliance with Water Code Chapter 3.3,
Excessive Residential Water Use During Drought.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 8.0
#20..
- 993 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-12 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x n/a Section 8.9 10632(a)(9) Retail Suppliers must describe the monitoring and reporting requirements and procedures that
ensure appropriate data are collected, tracked,
and analyzed for purposes of monitoring
customer compliance.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section 9.0
x x Section 8.10 10632(a)(10) Describe reevaluation and improvement procedures for monitoring and evaluation the
WSCP to ensure risk tolerance is adequate and
appropriate water shortage mitigation strategies
are implemented.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section

10.0 x n/a Section 8.11 10632(b) Analyze and define water features that are artificially supplied with water, including ponds,
lakes, waterfalls, and fountains, separately from
swimming pools and spas.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section

11.0 x x Section 8.12 10632(c) Make available the WSCP to customers and any city or county where it provides water within 30
days after adoption of the plan.

Water Shortage
Contingency
Planning
n/a Appendix G City
of Modesto
WSCP Section

12.0 x n/a Sections 9.1 10631(e)(1) Retail Suppliers shall provide a description of the nature and extent of each demand management
measure implemented over the past five years.

The description will address specific measures
listed in code.

Demand
Management
Measures
n/a Section 9.4
n/a x Sections 9.2 10631(e)(2) Wholesale Suppliers shall describe specific demand management measures listed in code,
their distribution system asset management
program, and Supplier assistance program.

Demand
Management
Measures
n/a Section 9.2
#20..
- 994 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-13 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x n/a Chapter 10 10608.26(a) Retail Suppliers shall conduct a public hearing to discuss adoption, implementation, and economic
impact of water use targets (recommended to
discuss compliance).

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.3
x x Section 10.2.1 10621(b) Notify, at least 60 days prior to the public hearing, any city or county within which the
Supplier provides water that the Supplier will be
reviewing the UWMP and considering
amendments or changes to the plan.

Plan Adoption,
Submittal, and
Implementation
10-1 Section 10.2
x x Section 10.4 10621(f) Each urban water Supplier shall update and submit its 2025 plan to DWR by July 1, 2026.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.4
x x Sections 10.2.2,

10.3, and 10.5
10642 Provide supporting documentation that the
Supplier made the UWMP and WSCP available
for public inspection, published notice of the
public hearing, and held a public hearing about
the UWMP and WSCP.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.2, 10.3

10.5, and
Appendix D
x x Section 10.2.2 10642 The Supplier is to provide the time and place of the hearing to any city or county within which
the Supplier provides water.

Plan Adoption,
Submittal, and
Implementation
10-1R and
10-1 W
Section 10.3 and
Appendix D
x x Section 10.3.2 10642 Provide supporting documentation that the UWMP and WSCP has been adopted as prepared
or modified.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.3 and
Appendix I
x x Section 10.4 10644(a) Provide supporting documentation that the Supplier has submitted their UWMP to the
California State Library.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.4
#20..
- 995 -
Appendix C
UWMP Checklist
N-C-418-60-25-02–WP
C-14 City of Modesto/MID
Joint 2025 Urban Water Management Plan
Last Revised: 05-06-26
Retail
x = required
Wholesale
x = required
2025
Guidebook
Location
Water Code
Section
Summary as
Applies to UWMP Subject
Relevant
Submittal
Table
2025 UWMP
Location
x x Section 10.4 10644(a)(1) Provide supporting documentation that the Supplier has submitted their UWMP to any city
or county within which the Supplier provides
water no later than 30 days after adoption.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.4
x x Sections 10.4.1
and 10.4.2
10644(a)(2) The UWMP, or amendments to the UWMP,
submitted to DWR shall be submitted
electronically.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.4
x x Section 10.7.2 10644(b) If revised, submit a copy of the WSCP to DWR within 30 days of adoption.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.4
x x Section 10.5 10645(a) Provide supporting documentation that, not later than 30 days after filing a copy of its UWMP
with DWR, the Supplier has or will make the plan
available for public review during normal
business hours.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.5
x x Section 10.5 10645(b) Provide supporting documentation that, not later than 30 days after filing a copy of its WSCP
with DWR, the Supplier has or will make the plan
available for public review during normal
business hours.

Plan Adoption,
Submittal, and
Implementation
n/a Section 10.5 and
Appendix G City
of Modesto
WSCP Section

12.0 x x Section 10.6 10621(c) If Supplier is regulated by the Public Utilities Commission, include its plan and contingency
plan as part of its general rate case filings.

Plan Adoption,
Submittal, and
Implementation
n/a n/a
#20..
- 996 -
Agency and Public Notices
Appendix D
#20..
- 997 -
January 23, 2026
Notice of Preparation of 2025 Joint Urban Water Management Plan Update Dear Interested Stakeholders,
The City of Modesto (“City”) and Modesto Irrigation District (“MID”) are currently in the process of updating a Joint Urban Water Management Plan (“UWMP”) for 2025. The Urban Water Management Planning Act, Water Code Section 10610 et seq., requires every urban water supplier providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre-feet of water annually to prepare and adopt an UWMP and periodically update that plan at least every five years. The City and MID must adopt and submit a final plan to the California Department of Water Resources by July 1, 2026.

The UWMP is a planning document and a source document which reports, describes and evaluates water deliveries and uses, water supply sources and conservation efforts. As urban water suppliers, the City and MID coordinate with water management agencies, relevant public agencies and other water suppliers on the preparation of the 2025 Joint UWMP update. The City and MID will be reviewing the current UWMP and will make amendments and updates, as appropriate.

If you wish to contact the City and/or MID about its review process, you may do so by writing to the undersigned.

Sincerely,
Miguel Alvarez Josh Foster
Associate Civil Engineer Water Treatment Plant Manager
City of Modesto Modesto Irrigation District
Utilities Department P.O. Box 4060
Water Resources Engineering Modesto, CA 95352
Office Direct Line: (209) 577-5348 (209) 526-7656
[email protected] [email protected]
Utilities
Department
1010 Tenth Street
Suites 4500 & 4600
P.O. Box 642
Modesto, CA 95353
Administration
(209) 577-5213
(209) 577-5477 Fax
Engineering
Services
Division:

Water Resource
Engineering
(209) 571-5557
(209) 522-1780 Fax
Construction
Administration
(209) 577-5452
(209) 577-4302 Fax
Engineering
Design
(209) 571-5105
(209) 522-1780 Fax
Hearing and Speech
Impaired Only
TDD 1-800-735-2929
#20..
- 998 -

NOTICE OF PUBLIC HEARINGS

UPDATE OF URBAN WATER MANAGEMENT PLAN AND

WATER SHORTAGE CONTINGENCY PLAN
Public notice is hereby given that public hearings will be held before the City Council of the City of Modesto and the Board of Directors of the Modesto Irrigation District for the purpose of considering the following:

Receive public comment on the Draft City of Modesto/Modesto Irrigation District 2025 Joint Urban Water Management Plan (UWMP), as required by the Urban Water Management Planning Act (California Water Code Section 10610 et seq.). Receive public comments on the Draft Modesto Water Shortage Contingency Plan (WSCP). The Draft UWMP which includes the WSCP is available for public review on the City of Modesto Utilities Department website at https://modestogov.com/860/Urban-Water-Management-Plan and the Modesto Irrigation District website at https://www.mid.org/water/drinking-water/joint-urban-water-management-plan/.

A public hearing will be held by the Council of the City of Modesto on Tuesday, June 23, 2026, at 5:30 p.m. in the Chambers, Basement Level, Tenth Street Place, 1010 10th Street, Modesto, California.

All interested persons are invited to attend the public hearing at the above time and place and will be given an opportunity to be heard, or by submitting your comment via e-mail to [email protected].

A public hearing will be held by the Modesto Irrigation District Board on Tuesday, June 9, 2026 at 9:00 A.M. The meeting agenda will be posted in advance and available on the MID website.

Members of the public are encouraged to attend the MID Board meeting in person to provide public comment. Public comments may also be submitted in writing by email to [email protected] or [email protected] no later than 3:00 p.m. on the day prior to the Board meeting. All timely submitted written comments will be provided to the Board for consideration.

Members of the public may also observe the meeting and provide comment through remote participation options. Instructions for attending the MID Board meeting remotely can be found at:
https://www.mid.org/about-us/governance/take-part-in-a-meeting/board-meeting-participation/.

It is anticipated that the Draft 2025 UWMP will be formally adopted on June 9, 2026 by Modesto Irrigation District Board of Directors and on June 23, 2026 by Modesto City Council and that the Modesto WSCP will be adopted on June 23, 2026 on a separate resolution by the Modesto City Council.
#20..
- 999 -
#20..
- 1000 -
#20..
- 1001 -
Distribution System Water Loss Audits
Appendix E
#20..
- 1002 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: n/a MG/Yr n/a MG/Yr
Water imported: 3 6.020 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 6.020 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 4.966 MG/Yr
Billed unmetered: 5 0.427 MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.075 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 5.469 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 0.551 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.015 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.101 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.012 MG/Yr 0.25% MG/Yr Apparent Losses: 0.129 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 0.422 MG/Yr WATER LOSSES: 0.551 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 0.626 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.4 miles
Number of active AND inactive service connections: 9 35 Service connection density: 90 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 53.0 psi

COST DATA
Total annual cost of operating water system: 10 $25,906 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $4.12 Variable production cost (applied to Real Losses): 5 $255.67 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Water imported
2: Customer metering inaccuracies
3: Billed unmetered
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 53 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
Enter a positive value, otherwise a default percentage of 1.25% (of billed metered) is applied and a grading of 5 is applied but not displayed 2020 7/2019 - 6/2020
City of Modesto - C. Turlock (CA 5010035)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1003 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: n/a MG/Yr n/a MG/Yr
Water imported: 5 6.033 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 6.033 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 5.230 MG/Yr
Billed unmetered: 10 0.000 MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.075 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 5.305 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 0.727 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.015 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.107 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.013 MG/Yr 0.25% MG/Yr Apparent Losses: 0.135 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 0.593 MG/Yr WATER LOSSES: 0.727 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 0.803 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.4 miles
Number of active AND inactive service connections: 9 36 Service connection density: 92 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 59.4 psi

COST DATA
Total annual cost of operating water system: 10 $31,903 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $4.87 Variable production cost (applied to Real Losses): 5 $39.08 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Water imported
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:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 61 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
Enter a positive value, otherwise a default percentage of 1.25% (of billed metered) is applied and a grading of 5 is applied but not displayed 2021 7/2020 - 6/2021
City of Modesto - C. Turlock (CA 5010035)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1004 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: n/a MG/Yr MG/Yr
Water imported: 3 6.332 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 6.332 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 4.924 MG/Yr
Billed unmetered: n/a MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 5 0.016 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 4.940 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 1.393 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 0.016 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.100 MG/Yr 2.00% MG/Yr Systematic data handling errors: 0.012 MG/Yr 0.25% MG/Yr Apparent Losses: 0.129 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 1.264 MG/Yr WATER LOSSES: 1.393 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 1.409 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.39 miles
Number of active AND inactive service connections: 9 36 Service connection density: 92 conn./mile main
Yes
Average length of customer service line: 20.0 ft
Average operating pressure: 5 54.2 psi

COST DATA
Total annual cost of operating water system: 10 28,703 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $5.07 Variable production cost (applied to Real Losses): 5 3,595.95 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Water imported
2: Customer metering inaccuracies
3: Variable production cost (applied to Real Losses)
AWWA Free Water Audit Software:

Reporting Worksheet

0.016
2022 7/2021 - 6/2022
City of Modesto - C. Turlock (CA5010035)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 54 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? ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1005 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g n/a MG/Yr n g n/a percent MG/Yr under-registration VOSEA WI Water Imported: n g 3 5.09 MG/Yr n g 4 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

5.086 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 4.187109 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g n/a MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.010 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

4.198 MG/Yr
WATER LOSSES 0.888 MG/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 0.010 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 2 0.085 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.010 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

0.106 MG/Yr
Real Losses

0.782 MG/Yr

0.888 MG/Yr

NON-REVENUE WATER

0.899 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 0.396 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 36 (active and inactive) Service connection density: 91 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 55.74 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 2.02
VPC Variable Production Cost: n g 8 $4,174.27 $/Million gallons $/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: Water Imported (WI) 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) go to start page
NON-REVENUE WATER:

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

AUTHORIZED CONSUMPTION:

Apparent Losses:

Average length of customer service line has been set to zero and a data grading of 10 has been applied Retail costs are less than (or equal to) production costs; please review and correct if necessary 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. *** $/100 cubic feet (ccf)
$28,516
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Modesto - C Turlock (CA5010035)
Jul 01 2022 - Jun 30 2023
Water Supplied Error Adjustments
2023 Fiscal
Real Losses:

WATER 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
#20..
- 1006 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g MG/Yr n g percent MG/Yr under-registration VOSEA WI Water Imported: n g 3 4.773 MG/Yr n g 3 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

4.773 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 4.684 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g n/a MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.012 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

4.696 MG/Yr
WATER LOSSES 0.077 MG/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 0.012 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 3 0.047 MG/Yr 1.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.012 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

0.071 MG/Yr
Real Losses

0.006 MG/Yr

0.077 MG/Yr

NON-REVENUE WATER

0.089 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 0.4 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 36 (active and inactive) Service connection density: 92 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 9 52.8 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 10 $5.36
VPC Variable Production Cost: n g 8 $4,657.39 $/Million gallons $/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: Water Imported (WI) 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) go to start page
NON-REVENUE WATER:

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

AUTHORIZED CONSUMPTION:

Apparent Losses:

Average length of customer service line has been set to zero and a data grading of 10 has been applied 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. *** $/100 cubic feet (ccf)
$25,619
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Modesto - C Turlock
Jul 01 2023 - Jun 30 2024
Water Supplied Error Adjustments
2024 Fiscal
Real Losses:

WATER 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
#20..
- 1007 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 14.940 MG/Yr 3 MG/Yr
Water imported: 5 0.010 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 14.950 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 1 2.140 MG/Yr
Billed unmetered: 5 7.300 MG/Yr
Unbilled metered: 9 0.006 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.187 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 9.633 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 5.317 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.037 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.044 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.005 MG/Yr 0.25% MG/Yr Apparent Losses: 0.087 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 5.230 MG/Yr WATER LOSSES: 5.317 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 5.510 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.7 miles
Number of active AND inactive service connections: 9 53 Service connection density: 74 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 58.0 psi

COST DATA
Total annual cost of operating water system: 10 $37,780 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $2.63 Variable production cost (applied to Real Losses): 5 $642.84 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Billed metered
3: Customer metering inaccuracies
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 63 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
Enter a positive value, otherwise a default percentage of 1.25% (of billed metered) is applied and a grading of 5 is applied but not displayed 2020 7/2019 - 6/2020
City of Modesto - Ceres (CA 5010031)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1008 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 15.540 MG/Yr 3 MG/Yr
Water imported: 5 0.010 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 15.550 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 5 10.975 MG/Yr
Billed unmetered: 5 3.513 MG/Yr
Unbilled metered: 9 0.001 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.194 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 14.682 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 0.868 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.039 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.224 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.027 MG/Yr 0.25% MG/Yr Apparent Losses: 0.290 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 0.577 MG/Yr WATER LOSSES: 0.868 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 1.063 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.7 miles
Number of active AND inactive service connections: 9 53 Service connection density: 74 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 57.9 psi

COST DATA
Total annual cost of operating water system: 10 $46,525 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $2.63 Variable production cost (applied to Real Losses): 5 $638.71 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed metered
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 67 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
Enter a positive value, otherwise a default percentage of 1.25% (of billed metered) is applied and a grading of 5 is applied but not displayed 2021 7/2020 - 6/2021
City of Modesto - Ceres (CA 5010031)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1009 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 16.563 MG/Yr 3 MG/Yr
Water imported: 5 0.018 MG/Yr 6 MG/Yr
Water exported: MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 16.581 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 11.367 MG/Yr
Billed unmetered: 5 0.445750955 MG/Yr
Unbilled metered: 9 0.68 MG/Yr Pcnt: Value:

Unbilled unmetered: 5 0.041 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 12.534 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 4.047 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 0.041 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.246 MG/Yr 2.00% MG/Yr Systematic data handling errors: 0.028 MG/Yr 0.25% MG/Yr Apparent Losses: 0.316 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 3.732 MG/Yr WATER LOSSES: 4.047 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 4.769 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.72 miles
Number of active AND inactive service connections: 9 53 Service connection density: 74 conn./mile main
Yes
Average length of customer service line: 20.0 ft
Average operating pressure: 5 58.0 psi

COST DATA
Total annual cost of operating water system: 10 42,257 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.39 Variable production cost (applied to Real Losses): 5 1,198.17 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed unmetered
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 69 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

0.041
2022 7/2021 - 6/2022
City of Modesto - Ceres (CA5010031)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1010 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 12.17 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g 3 0.22 MG/Yr n g 4 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

12.386 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 11.050806 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 0.458188385 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.028 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

11.537 MG/Yr
WATER LOSSES 0.850 MG/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 0.028 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 2 0.235 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.028 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

0.290 MG/Yr
Real Losses

0.560 MG/Yr

0.850 MG/Yr

NON-REVENUE WATER

1.336 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 0.75 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 53 (active and inactive) Service connection density: 71 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 57.47 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 2.02
VPC Variable Production Cost: n g 8 $1,676.20 $/Million gallons $/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) go to start page
NON-REVENUE WATER:

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

AUTHORIZED CONSUMPTION:

Apparent Losses:

Average length of customer service line has been set to zero and a data grading of 10 has been applied 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. *** $/100 cubic feet (ccf)
$41,982
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Modesto - Ceres
Jul 01 2022 - Jun 30 2023
Water Supplied Error Adjustments
2023 Fiscal
Real Losses:

WATER 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
#20..
- 1011 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 11.779 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g 3 0.012 MG/Yr n g 5 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

11.791 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 10.444 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 0.004 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.026 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

10.474 MG/Yr
WATER LOSSES 1.317 MG/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 0.026 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 3 0.213 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.026 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

0.265 MG/Yr
Real Losses

1.052 MG/Yr

1.317 MG/Yr

NON-REVENUE WATER

1.347 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 0.7 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 53 (active and inactive) Service connection density: 72 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 9 58.9 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 10 $3.34
VPC Variable Production Cost: n g 8 $1,634.19 $/Million gallons $/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) go to start page
NON-REVENUE WATER:

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

AUTHORIZED CONSUMPTION:

Apparent Losses:

Average length of customer service line has been set to zero and a data grading of 10 has been applied 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. *** $/100 cubic feet (ccf)
$37,717
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Modesto - Ceres
Jul 01 2023 - Jun 30 2024
Water Supplied Error Adjustments
2024 Fiscal
Real Losses:

WATER 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
#20..
- 1012 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 7,994.380 MG/Yr 3 MG/Yr
Water imported: 5 8,760.030 MG/Yr 9 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 16,754.410 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 14,340.020 MG/Yr
Billed unmetered: 5 637.461 MG/Yr
Unbilled metered: 9 464.771 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 41.886 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 15,484.138 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 1,270.272 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 41.886 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 302.139 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 35.850 MG/Yr 0.25% MG/Yr Apparent Losses: 379.875 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 890.398 MG/Yr WATER LOSSES: 1,270.272 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 1,776.929 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 894.9 miles
Number of active AND inactive service connections: 9 73,928 Service connection density: 83 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 9 58.6 psi

COST DATA
Total annual cost of operating water system: 10 $53,147,718 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $8.33 Variable production cost (applied to Real Losses): 5 $994.56 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Water imported
2: Volume from own sources
3: Customer metering inaccuracies
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 66 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed 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

41.886
2020 7/2019 - 6/2020
City of Modesto (CA 5010010)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1013 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 7,585.270 MG/Yr 3 MG/Yr
Water imported: 5 9,557.400 MG/Yr 9 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 17,142.670 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 15,263.040 MG/Yr
Billed unmetered: 5 509.123 MG/Yr
Unbilled metered: 9 178.647 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 42.857 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 15,993.667 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 1,149.003 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 42.857 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 315.136 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 38.158 MG/Yr 0.25% MG/Yr Apparent Losses: 396.151 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 752.852 MG/Yr WATER LOSSES: 1,149.003 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 1,370.507 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 898.3 miles
Number of active AND inactive service connections: 9 74,323 Service connection density: 83 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 9 59.2 psi

COST DATA
Total annual cost of operating water system: 10 $65,450,381 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $8.26 Variable production cost (applied to Real Losses): 5 $625.79 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Water imported
2: Customer metering inaccuracies
3: Volume from own sources
Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
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

42.857
2021 7/2020 - 6/2021
City of Modesto (CA 5010010)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1014 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 8,398.790 MG/Yr 3 MG/Yr
Water imported: 5 8,208.740 MG/Yr 9 MG/Yr
Water exported: n/a MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 16,607.530 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 15,328.907 MG/Yr
Billed unmetered: 5 100.0443773 MG/Yr
Unbilled metered: 9 307.8876332 MG/Yr Pcnt: Value:

Unbilled unmetered: 5 41.519 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 15,778.358 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 829.172 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 41.519 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 319.118 MG/Yr 2.00% MG/Yr Systematic data handling errors: 38.322 MG/Yr 0.25% MG/Yr Apparent Losses: 398.959 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 430.213 MG/Yr WATER LOSSES: 829.172 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 1,178.579 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 900.42 miles
Number of active AND inactive service connections: 9 74,643 Service connection density: 83 conn./mile main
Yes
Average length of customer service line: 20.0 ft
Average operating pressure: 9 59.3 psi

COST DATA
Total annual cost of operating water system: 10 59,513,691 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $8.15 Variable production cost (applied to Real Losses): 5 341.05 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Water imported
2: Volume from own sources
3: Customer metering inaccuracies
AWWA Free Water Audit Software:

Reporting Worksheet

41.519
2022 7/2021 - 6/2022
City of Modesto (CA5010010)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 66 out of 100 ***
A weighted scale for the components of consumption and water loss is included in the calculation of the Water Audit Data Validity Score Default option selected for Systematic data handling errors - a grading of 5 is applied but not displayed 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? ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1015 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 7,305.34 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g 7 7,978.58 MG/Yr n g 4 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA 15,283.928 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 13882.67703 MG/Yr
BUAC Billed Unmetered: n g 10 40.10938477 MG/Yr
UMAC Unbilled Metered: n g 7 317.2796853 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 34.807 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3 14,274.873 MG/Yr
WATER LOSSES 1,009.055 MG/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 34.807 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 2 289.795 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 34.807 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3 359.409 MG/Yr
Real Losses
649.646 MG/Yr
1,009.055 MG/Yr

NON-REVENUE WATER
1,361.141 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 952.37 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 74887 (active and inactive) Service connection density: 79 conn./mile main
Yes
Lp Average length of (private) customer service line: n g 10 ft (average distance between property line and meter) AOP Average Operating Pressure: n g 7 58.65 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 2.02
VPC Variable Production Cost: n g 8 $341.87 $/Million gallons $/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: Water Imported (WI) Unit Total Losses: gal/conn/day
2: Volume from Own Sources (VOS) Unit Apparent Losses: gal/conn/day 3: Customer Metering Inaccuracies (CMI) 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 Modesto (CA5010010)
Jul 01 2022 - Jun 30 2023
Water Supplied Error Adjustments
2023 Fiscal
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. *** $/100 cubic feet (ccf)
$58,872,254
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
#20..
- 1016 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 7,209.766 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g 7 8,046.509 MG/Yr n g 4 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA 15,256.275 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 13,914.855 MG/Yr
BUAC Billed Unmetered: n g 10 30.411 MG/Yr
UMAC Unbilled Metered: n g 7 348.626 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 34.863 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3 14,328.756 MG/Yr
WATER LOSSES 927.520 MG/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 34.863 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 3 291.091 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 34.863 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3 360.818 MG/Yr
Real Losses
566.702 MG/Yr
927.520 MG/Yr

NON-REVENUE WATER
1,311.010 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 962.8 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 75,205 (active and inactive) Service connection density: 78 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 9 58.6 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 10 $9.12
VPC Variable Production Cost: n g 8 $323.54 $/Million gallons $/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: Water Imported (WI) Unit Total Losses: gal/conn/day
2: Volume from Own Sources (VOS) Unit Apparent Losses: 13.2 gal/conn/day 3: Customer Metering Inaccuracies (CMI) Unit Real LossesA : 16.0 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 Modesto
Jul 01 2023 - Jun 30 2024
Water Supplied Error Adjustments
2024 Fiscal
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. *** $/100 cubic feet (ccf)
$53,518,475
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
#20..
- 1017 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 238.120 MG/Yr 3 MG/Yr
Water imported: n/a MG/Yr n/a MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 238.120 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 202.490 MG/Yr
Billed unmetered: 10 MG/Yr
Unbilled metered: 9 12.911 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.595 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 215.996 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 22.124 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.595 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 4.396 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.506 MG/Yr 0.25% MG/Yr Apparent Losses: 5.497 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 16.627 MG/Yr WATER LOSSES: 22.124 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 35.630 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 9.4 miles
Number of active AND inactive service connections: 9 400 Service connection density: 43 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 9 58.6 psi

COST DATA
Total annual cost of operating water system: 10 $286,585 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $2.71 Variable production cost (applied to Real Losses): 5 $936.14 $/Million gallons 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:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 71 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

0.595
2020 7/2019 - 6/2020
City of Modesto - Del Rio (CA 5010029)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1018 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 5 266.110 MG/Yr 3 MG/Yr
Water imported: n/a MG/Yr n/a MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 266.110 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 221.860 MG/Yr
Billed unmetered: 10 MG/Yr
Unbilled metered: 9 19.775 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.665 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 242.300 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 23.810 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.665 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 4.931 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.555 MG/Yr 0.25% MG/Yr Apparent Losses: 6.151 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 17.659 MG/Yr WATER LOSSES: 23.810 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 44.250 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 9.4 miles
Number of active AND inactive service connections: 9 401 Service connection density: 43 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 9 59.1 psi

COST DATA
Total annual cost of operating water system: 10 $352,924 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $2.71 Variable production cost (applied to Real Losses): 5 $275.07 $/Million gallons 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:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 64 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

0.665
2021 7/2020 - 6/2021
City of Modesto - Del Rio (CA 5010029)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1019 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 5 264.105 MG/Yr 3 MG/Yr
Water imported: n/a MG/Yr MG/Yr
Water exported: n/a MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 264.105 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 220.369 MG/Yr
Billed unmetered: 10 MG/Yr
Unbilled metered: 9 15.26786788 MG/Yr Pcnt: Value:

Unbilled unmetered: 5 0.660 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 236.297 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 27.808 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 0.660 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 4.809 MG/Yr 2.00% MG/Yr Systematic data handling errors: 0.551 MG/Yr 0.25% MG/Yr Apparent Losses: 6.020 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 21.788 MG/Yr WATER LOSSES: 27.808 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 43.737 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 8.73 miles
Number of active AND inactive service connections: 9 402 Service connection density: 46 conn./mile main
Yes
Average length of customer service line: 20.0 ft
Average operating pressure: 5 61.1 psi

COST DATA
Total annual cost of operating water system: 10 320,519 $/Year Customer retail unit cost (applied to Apparent Losses): 9 $2.75 Variable production cost (applied to Real Losses): 5 411.99 $/Million gallons 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)
AWWA Free Water Audit Software:

Reporting Worksheet

0.660
2022 7/2021 - 6/2022
City of Modesto - Del Rio (CA5010029)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 62 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? ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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 Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1020 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 240.64 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA 240.638 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 200.129733 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 16.54656097 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.500 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3 217.177 MG/Yr
WATER LOSSES 23.461 MG/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 0.500 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 2 4.422 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.500 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

5.423 MG/Yr
Real Losses

18.039 MG/Yr

23.461 MG/Yr

NON-REVENUE WATER

40.508 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 9 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 403 (active and inactive) Service connection density: 45 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 61.78 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 2.02
VPC Variable Production Cost: n g 8 $305.10 $/Million gallons $/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 Modesto - Del Rio (CA5010029)
Jul 01 2022 - Jun 30 2023
Water Supplied Error Adjustments
2023 Fiscal
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 III (51-70). See Dashboard tab for additional outputs. *** $/100 cubic feet (ccf)
$317,638
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
#20..
- 1021 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 240.273 MG/Yr n g 4 percent MG/Yr over-registration VOSEA WI Water Imported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA 240.273 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 211.142 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 12.903 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.528 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3 224.572 MG/Yr
WATER LOSSES 15.701 MG/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 0.528 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 3 4.572 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.528 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

5.628 MG/Yr
Real Losses

10.073 MG/Yr

15.701 MG/Yr

NON-REVENUE WATER

29.131 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 8.6 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 406 (active and inactive) Service connection density: 47 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 9 62.3 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 10 $2.51
VPC Variable Production Cost: n g 8 $651.52 $/Million gallons $/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 Modesto - Del Rio
Jul 01 2023 - Jun 30 2024
Water Supplied Error Adjustments
2024 Fiscal
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 III (51-70). See Dashboard tab for additional outputs. *** $/100 cubic feet (ccf)
$288,924
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
#20..
- 1022 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 70.190 MG/Yr 3 MG/Yr
Water imported: n/a MG/Yr n/a MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 70.190 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 39.080 MG/Yr
Billed unmetered: 10 MG/Yr
Unbilled metered: 9 11.374 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.175 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 50.630 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 19.560 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.175 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 1.030 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.098 MG/Yr 0.25% MG/Yr Apparent Losses: 1.303 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 18.257 MG/Yr WATER LOSSES: 19.560 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 31.110 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 3.3 miles
Number of active AND inactive service connections: 9 276 Service connection density: 84 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 54.8 psi

COST DATA
Total annual cost of operating water system: 10 $198,073 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.75 Variable production cost (applied to Real Losses): 5 $2,960.76 $/Million gallons 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:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 70 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

0.175
2020 7/2019 - 6/2020
City of Modesto - Grayson (CA 5010033)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1023 -
#20..
- 1024 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 67.641 MG/Yr 3 MG/Yr
Water imported: n/a MG/Yr MG/Yr
Water exported: n/a MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 67.641 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 39.900 MG/Yr
Billed unmetered: n/a MG/Yr
Unbilled metered: 9 11.83712726 MG/Yr Pcnt: Value:

Unbilled unmetered: 5 0.169 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 51.907 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 15.734 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 0.169 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 1.056 MG/Yr 2.00% MG/Yr Systematic data handling errors: 0.100 MG/Yr 0.25% MG/Yr Apparent Losses: 1.325 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 14.410 MG/Yr WATER LOSSES: 15.734 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 27.740 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 3.32 miles
Number of active AND inactive service connections: 9 277 Service connection density: 83 conn./mile main
Yes
Average length of customer service line: 20.0 ft
Average operating pressure: 5 55.1 psi

COST DATA
Total annual cost of operating water system: 10 220,855 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.34 Variable production cost (applied to Real Losses): 5 3339.74 $/Million gallons 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)
AWWA Free Water Audit Software:

Reporting Worksheet

0.169
2022 7/2021 - 6/2022
City of Modesto - Grayson (CA5010033)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 70 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? ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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 Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1025 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 63.46 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

63.458 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 36.166117 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 12.15427409 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.090 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

48.411 MG/Yr
WATER LOSSES 15.047 MG/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 0.090 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 2 0.986 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.090 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

1.167 MG/Yr
Real Losses

13.880 MG/Yr

15.047 MG/Yr

NON-REVENUE WATER

27.292 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 3.49 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 278 (active and inactive) Service connection density: 80 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 55.05 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 2.02
VPC Variable Production Cost: n g 8 $5,262.32 $/Million gallons $/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: Unauthorized Consumption (UC) 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 Modesto - Grayson (CA5010033)
Jul 01 2022 - Jun 30 2023
Water Supplied Error Adjustments
2023 Fiscal
Real Losses:

WATER LOSSES:

Average length of customer service line has been set to zero and a data grading of 10 has been applied Retail costs are less than (or equal to) production costs; please review and correct if necessary 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. *** $/100 cubic feet (ccf)
$219,415
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
#20..
- 1026 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 42.970 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

42.970 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 33.961 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 4.766 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.085 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

38.812 MG/Yr
WATER LOSSES 4.158 MG/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 0.085 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 3 0.790 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.085 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

0.960 MG/Yr
Real Losses

3.198 MG/Yr

4.158 MG/Yr

NON-REVENUE WATER

9.010 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 4.0 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 278 (active and inactive) Service connection density: 70 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 9 55.0 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 10 $4.05
VPC Variable Production Cost: n g 8 $7,081.46 $/Million gallons $/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 Modesto - Grayson
Jul 01 2023 - Jun 30 2024
Water Supplied Error Adjustments
2024 Fiscal
Real Losses:

WATER LOSSES:

Average length of customer service line has been set to zero and a data grading of 10 has been applied Retail costs are less than (or equal to) production costs; please review and correct if necessary 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. *** $/100 cubic feet (ccf)
$197,834
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
#20..
- 1027 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 54.390 MG/Yr 3 MG/Yr
Water imported: 5 0.022 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 54.412 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 47.980 MG/Yr
Billed unmetered: 5 0.135 MG/Yr
Unbilled metered: 9 1.954 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.136 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 50.204 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 4.208 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.136 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 1.019 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.120 MG/Yr 0.25% MG/Yr Apparent Losses: 1.275 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 2.933 MG/Yr WATER LOSSES: 4.208 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 6.297 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 3.8 miles
Number of active AND inactive service connections: 9 332 Service connection density: 87 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 56.0 psi

COST DATA
Total annual cost of operating water system: 10 $237,471 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.49 Variable production cost (applied to Real Losses): 5 $370.87 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed unmetered
AWWA Free Water Audit Software:

Reporting Worksheet

0.136
2020 7/2019 - 6/2020
City of Modesto - S. Turlock (CA 5010023)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 69 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? ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1028 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 56.330 MG/Yr 3 MG/Yr
Water imported: 5 0.003 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 56.333 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 50.780 MG/Yr
Billed unmetered: 5 0.143 MG/Yr
Unbilled metered: 9 1.829 MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.141 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 52.893 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 3.440 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.141 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 1.074 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.127 MG/Yr 0.25% MG/Yr Apparent Losses: 1.341 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 2.099 MG/Yr WATER LOSSES: 3.440 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 5.410 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 3.8 miles
Number of active AND inactive service connections: 9 332 Service connection density: 87 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 55.8 psi

COST DATA
Total annual cost of operating water system: 10 $292,441 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.48 Variable production cost (applied to Real Losses): 5 $395.70 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed unmetered
AWWA Free Water Audit Software:

Reporting Worksheet

0.141
2021 7/2020 - 6/2021
City of Modesto - S. Turlock (CA 5010023)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 69 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? ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1029 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 51.431 MG/Yr 3 MG/Yr
Water imported: 3 0.020 MG/Yr 6 MG/Yr
Water exported: MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 51.451 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 46.916 MG/Yr
Billed unmetered: 5 0.284336812 MG/Yr
Unbilled metered: 9 2.429201212 MG/Yr Pcnt: Value:

Unbilled unmetered: 5 0.129 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 49.758 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 1.693 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 0.129 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 1.007 MG/Yr 2.00% MG/Yr Systematic data handling errors: 0.117 MG/Yr 0.25% MG/Yr Apparent Losses: 1.253 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 0.440 MG/Yr WATER LOSSES: 1.693 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 4.251 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 3.8 miles
Number of active AND inactive service connections: 9 332 Service connection density: 87 conn./mile main
Yes
Average length of customer service line: 20.0 ft
Average operating pressure: 5 53.9 psi

COST DATA
Total annual cost of operating water system: 10 264,707 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.44 Variable production cost (applied to Real Losses): 5 909.23 $/Million gallons WATER AUDIT DATA VALIDITY SCORE:

PRIORITY AREAS FOR ATTENTION:
1: Volume from own sources
2: Customer metering inaccuracies
3: Billed unmetered
AWWA Free Water Audit Software:

Reporting Worksheet

0.129
2022 7/2021 - 6/2022
City of Modesto - S. Turlock (CA5010023)
<----------- Enter grading in column 'E' and 'J' ----------> Based on the information provided, audit accuracy can be improved by addressing the following components:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 69 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? ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1030 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 47.35 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g 3 0.01 MG/Yr n g 4 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

47.356 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 39.770822 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 4.7558644 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.099 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

44.626 MG/Yr
WATER LOSSES 2.730 MG/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 0.099 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 2 0.909 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.099 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

1.108 MG/Yr
Real Losses

1.622 MG/Yr

2.730 MG/Yr

NON-REVENUE WATER

7.585 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 3.84 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 333 (active and inactive) Service connection density: 87 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 55.03 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 2.02
VPC Variable Production Cost: n g 8 $1,082.63 $/Million gallons $/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 Modesto - S Turlock (CA5010023)
Jul 01 2022 - Jun 30 2023
Water Supplied Error Adjustments
2023 Fiscal
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 III (51-70). See Dashboard tab for additional outputs. *** $/100 cubic feet (ccf)
$262,982
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
#20..
- 1031 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 51.402 MG/Yr n g 4 percent MG/Yr over-registration VOSEA WI Water Imported: n g 3 0.006 MG/Yr n g 3 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

51.408 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 46.032 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g 7 0.469 MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.115 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

46.616 MG/Yr
WATER LOSSES 4.792 MG/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 0.115 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 3 0.949 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.115 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

1.179 MG/Yr
Real Losses

3.613 MG/Yr

4.792 MG/Yr

NON-REVENUE WATER

5.376 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 3.8 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 335 (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 9 57.0 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 10 $3.24
VPC Variable Production Cost: n g 8 $1,002.13 $/Million gallons $/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 Modesto - S Turlock
Jul 01 2023 - Jun 30 2024
Water Supplied Error Adjustments
2024 Fiscal
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 III (51-70). See Dashboard tab for additional outputs. *** $/100 cubic feet (ccf)
$238,398
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
#20..
- 1032 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 9.510 MG/Yr 3 MG/Yr
Water imported: 5 0.003 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 9.513 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 8.780 MG/Yr
Billed unmetered: 10 0.000 MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.119 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 8.899 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 0.614 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.024 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.179 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.022 MG/Yr 0.25% MG/Yr Apparent Losses: 0.225 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 0.389 MG/Yr WATER LOSSES: 0.614 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 0.733 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.5 miles
Number of active AND inactive service connections: 9 52 Service connection density: 96 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 56.8 psi

COST DATA
Total annual cost of operating water system: 10 $37,240 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.42 Variable production cost (applied to Real Losses): 5 $856.51 $/Million gallons 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:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 68 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
Enter a positive value, otherwise a default percentage of 1.25% (of billed metered) is applied and a grading of 5 is applied but not displayed 2020 7/2019 - 6/2020
City of Modesto - N. Turlock (CA 5010034)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1033 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 9.230 MG/Yr 3 MG/Yr
Water imported: 5 0.224 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr n/a MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 9.454 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 8.000 MG/Yr
Billed unmetered: 10 0.000 MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 7 0.118 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 8.118 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 1.336 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 5 0.024 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.163 MG/Yr 2.00% MG/Yr Systematic data handling errors: 5 0.020 MG/Yr 0.25% MG/Yr Apparent Losses: 0.207 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 1.129 MG/Yr WATER LOSSES: 1.336 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 1.454 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.5 miles
Number of active AND inactive service connections: 9 52 Service connection density: 96 conn./mile main
Yes
Average length of customer service line: n/a ft
Average operating pressure: 5 55.9 psi

COST DATA
Total annual cost of operating water system: 10 $45,860 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.65 Variable production cost (applied to Real Losses): 5 $862.53 $/Million gallons 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:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 68 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
Enter a positive value, otherwise a default percentage of 1.25% (of billed metered) is applied and a grading of 5 is applied but not displayed 2021 7/2020 - 6/2021
City of Modesto - N. Turlock (CA 5010034)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1034 -
Water Audit Report for:

Reporting Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR Master Meter and Supply Error Adjustments
WATER SUPPLIED Pcnt: Value:

Volume from own sources: 7 8.861 MG/Yr 3 MG/Yr
Water imported: 3 0.003 MG/Yr 6 MG/Yr
Water exported: n/a MG/Yr MG/Yr
Enter negative % or value for under-registration
WATER SUPPLIED: 8.863 MG/Yr Enter positive % or value for over-registration .

AUTHORIZED CONSUMPTION
Billed metered: 7 7.665 MG/Yr
Billed unmetered: n/a MG/Yr
Unbilled metered: n/a MG/Yr Pcnt: Value:

Unbilled unmetered: 5 0.022 MG/Yr 1.25% 24061 MG/Yr
AUTHORIZED CONSUMPTION: 7.687 MG/Yr
WATER LOSSES (Water Supplied - Authorized Consumption) 1.176 MG/Yr Apparent Losses Pcnt: Value:

Unauthorized consumption: 0.022 MG/Yr 0.25% MG/Yr
Customer metering inaccuracies: 3 0.156 MG/Yr 2.00% MG/Yr Systematic data handling errors: 0.019 MG/Yr 0.25% MG/Yr Apparent Losses: 0.198 MG/Yr
Real Losses (Current Annual Real Losses or CARL)
Real Losses = Water Losses - Apparent Losses: 0.978 MG/Yr WATER LOSSES: 1.176 MG/Yr

NON-REVENUE WATER
NON-REVENUE WATER: 1.198 MG/Yr
= Water Losses + Unbilled Metered + Unbilled Unmetered

SYSTEM DATA
Length of mains: 9 0.54 miles
Number of active AND inactive service connections: 9 52 Service connection density: 96 conn./mile main
Yes
Average length of customer service line: 20.0 ft
Average operating pressure: 5 56.2 psi

COST DATA
Total annual cost of operating water system: 10 41,460 $/Year Customer retail unit cost (applied to Apparent Losses): 10 $3.24 Variable production cost (applied to Real Losses): 5 3,054.69 $/Million gallons 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:
$/100 cubic feet (ccf)
Default option selected for unauthorized consumption - a grading of 5 is applied but not displayed *** YOUR SCORE IS: 68 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

0.022
2022 7/2021 - 6/2022
City of Modesto - N. Turlock (CA5010034)
<----------- Enter grading in column 'E' and 'J' ----------> ?
?
?
?
?
? Click to access definition
?
?
?
?
?
?
Please enter data in the white cells below. Where available, metered values should be used; if metered values are unavailable please estimate a value. Indicate your confidence in the accuracy of the input data by grading each component (n/a or 1-10) using the drop-down list to the left of the input cell. Hover the mouse over the cell to obtain a description of the grades ?
?
?
?
?
?
(length of service line, beyond the property
boundary, that is the responsibility of the utility)
Use buttons to select
percentage of water
supplied
OR
value
Click here: ?
for help using option
buttons below
?
?
?
?
+
+ Click to add a comment
WAS v5.0
+
+
+
+
+
+
American Water Works Association.

Copyright © 2014, All Rights Reserved.
?
?
?
+
+
+
+
+
+
+
+
+
+
+
+
+
?
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.

Use Customer Retail Unit Cost to value real losses
AWWA Free Water Audit Software v5.0 Reporting Worksheet 1 #20..
- 1035 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 7.98 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g 3 0.00 MG/Yr n g 4 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

7.982 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 6.713781 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g n/a MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.017 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

6.731 MG/Yr
WATER LOSSES 1.252 MG/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 0.017 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 2 0.137 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.017 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

0.171 MG/Yr
Real Losses

1.081 MG/Yr

1.252 MG/Yr

NON-REVENUE WATER

1.269 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 0.542 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 52 (active and inactive) Service connection density: 96 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 56.06 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 9 2.02
VPC Variable Production Cost: n g 8 $3,528.88 $/Million gallons $/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) go to start page
NON-REVENUE WATER:

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

AUTHORIZED CONSUMPTION:

Apparent Losses:

Average length of customer service line has been set to zero and a data grading of 10 has been applied Retail costs are less than (or equal to) production costs; please review and correct if necessary 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. *** $/100 cubic feet (ccf)
$41,190
Total Annual Operating Cost
Are customer meters typically located at the curbstop/property line? AWWA Free Water Audit Software:

Worksheet
City of Modesto - N Turlock (CA5010034)
Jul 01 2022 - Jun 30 2023
Water Supplied Error Adjustments
2023 Fiscal
Real Losses:

WATER 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
#20..
- 1036 -
Water Audit Report for:

Audit Year:

All volumes to be entered as: MILLION GALLONS (US) PER YEAR WATER SUPPLIED choose entry option:

VOS Volume from Own Sources: n g 7 7.474 MG/Yr n g 4 percent MG/Yr under-registration VOSEA WI Water Imported: n g 3 0.014 MG/Yr n g 3 percent MG/Yr select….. WIEA WE Water Exported: n g n/a MG/Yr n g n/a percent MG/Yr select….. WEEA

7.488 MG/Yr
.

AUTHORIZED CONSUMPTION
BMAC Billed Metered: n g 8 6.401 MG/Yr
BUAC Billed Unmetered: n g n/a MG/Yr
UMAC Unbilled Metered: n g n/a MG/Yr choose entry option:

UUAC Unbilled Unmetered: n g 3 0.016 MG/Yr 0.25% default MG/Yr 24061 Default option selected for Unbilled Unmetered, with automatic data grading of 3

6.417 MG/Yr
WATER LOSSES 1.071 MG/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 0.016 MG/Yr 0.25% default MG/Yr CMI Customer Metering Inaccuracies: n g 3 0.131 MG/Yr 2.00% percent MG/Yr under-registration UC Unauthorized Consumption: n g 3 0.016 MG/Yr 0.25% default MG/Yr Default option selected for Unauthorized Consumption, with automatic data grading of 3

0.163 MG/Yr
Real Losses

0.909 MG/Yr

1.071 MG/Yr

NON-REVENUE WATER

1.087 MG/Yr

SYSTEM DATA
Lm Length of mains: n g 10 0.5 miles (including fire hydrant lead lengths) Nc Number of service connections: n g 8 52 (active and inactive) Service connection density: 96 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 9 55.7 psi

COST DATA
CRUC Customer Retail Unit Charge: n g 10 $3.97
VPC Variable Production Cost: n g 8 $3,651.51 $/Million gallons $/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 Modesto - N Turlock
Jul 01 2023 - Jun 30 2024
Water Supplied Error Adjustments
2024 Fiscal
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 III (51-70). See Dashboard tab for additional outputs. *** $/100 cubic feet (ccf)
$37,005
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
#20..
- 1037 -
Amended and Restated Treatment and Delivery
Agreement Between Modesto Irrigation District
and City of Modesto
Appendix F
#20..
- 1038 -
(THIS PAGE LEFT BLANK INTENTIONALLY)
#20..
- 1039 -
FINAL - Approved by MID & Council - October 11, 2005.doc Amended and Restated Treatment and Delivery Agreement
Between
Modesto Irrigation District and City of Modesto
#20..
- 1040 -
(THIS PAGE LEFT BLANK INTENTIONALLY)
#20..
- 1041 -
FINAL - Approved by MID & Council - October 11, 2005.doc i

TABLE OF CONTENTS

1. PARTIES .................................................................................................................1

2. RECITALS...............................................................................................................1

2.1. District Formation and General Purposes....................................................1

2.2. [NOT USED] ...............................................................................................1

2.3. Water Management Study............................................................................2

2.4. Problems of Reliance on Groundwater ........................................................2

2.5. Water Rights. ...............................................................................................2

2.6. Study Recommendation...............................................................................2

2.7 Project Expansion ........................................................................................2

2.8. Environmental Clearance .............................................................................2

2.9. Use of Available Water to Carry Out Recommendations of the UrbanWater Management Plan..........................................................3

2.10. Enterprise Fund............................................................................................3

2.11. Long Term Water Supply ............................................................................3

2.12. Conservation. ...............................................................................................3

2.13. Groundwater.................................................................................................3

2.14. DEW Acquisition.........................................................................................3

2.15. Purpose of Agreement..................................................................................3

3. AMENDMENT AND RESTATEMENT OF 1992 AGREEMENT.......................4

4. DEFINITIONS.........................................................................................................4

4.1. Advances......................................................................................................4

4.2. Advisory Committees. .................................................................................4 #20..
- 1042 -
FINAL - Approved by MID & Council - October 11, 2005.doc ii

4.3. Agreement ....................................................................................................4

4.4. 1992 Agreement ...........................................................................................4

4.5. Approvals.....................................................................................................4

4.6. Board............................................................................................................4

4.7. Chief Executive Officers..............................................................................4

4.8. City...............................................................................................................4

4.9. City Gross Water Revenues.........................................................................4

4.10. City Municipal Water System......................................................................5

4.11. Commercial Operation Date ........................................................................5

4.12. Commercial Operation Phase.......................................................................5

4.13. Construction Phase.......................................................................................5

4.14. Debt Service .................................................................................................5

4.15. Debt Service Reserve Fund..........................................................................5

4.16. Design Phase................................................................................................5

4.17. DEW.............................................................................................................5

4.18. District..........................................................................................................5

4.19. District Interest Rate. ...................................................................................5

4.20. District’s Electrical Service Area Boundary................................................6

4.21. District’s Irrigation District Boundary.........................................................6

4.22. Domestic Water Year...................................................................................6

4.23. Finance Committee. .....................................................................................6

4.24. Financing......................................................................................................6

4.25. First Expansion Facilities.............................................................................6

4.26. Fixed Costs...................................................................................................6

4.27. Fixed Financing............................................................................................6

4.28. Initial Amount..............................................................................................6

4.29. Initial Facilities. ...........................................................................................6

4.30. Maximum Annual Debt Service ..................................................................6

4.31. Modifications ...............................................................................................7

4.32. MRWTP.......................................................................................................7 #20..
- 1043 -
FINAL - Approved by MID & Council - October 11, 2005.doc iii

4.33. Next Turnout................................................................................................7

4.34. Other City Water..........................................................................................7

4.35. Parity Debt ...................................................................................................7

4.36. Parties...........................................................................................................7

4.37. Period ...........................................................................................................7

4.38. Phases...........................................................................................................7

4.39. Policy Committee.........................................................................................7

4.40. Prior Agreement ...........................................................................................7

4.41. Project ..........................................................................................................7

4.42. Project Manager ...........................................................................................7

4.43. Project Observer...........................................................................................7

4.44. Property Cost................................................................................................8

4.45. [NOT USED] ............................................................................................. 8

4.46. Raw Water................................................................................................... 8

4.47. Raw Water Charge .......................................................................................8

4.48. Reserve and Contingency Fund ...................................................................8

4.49. SEIR.............................................................................................................8

4.50. Service Area .................................................................................................8

4.51. Surface Water Service Area .........................................................................8

4.52. Study ............................................................................................................8

4.53. Sunk Costs...................................................................................................8

4.54. Technical Committee ...................................................................................8

4.55. Termination..................................................................................................8

4.56. Test Period ...................................................................................................8

4.57. TIC ...............................................................................................................9

4.58. Treated Water...............................................................................................9

4.59. Trustee..........................................................................................................9

4.60. Urban Water Management Plan...................................................................9

4.61. Variable Financing.......................................................................................9

4.62. Water Shortage Condition............................................................................9

4.63. Year..............................................................................................................9 #20..
- 1044 -
FINAL - Approved by MID & Council - October 11, 2005.doc iv

5. TERMINATION OF PRIOR AGREEMENT .........................................................9

6. PROJECT AND FIRST EXPANSION FACILITIES .............................................9

6.1. Obligations of District and Expansion.........................................................9

6.2. First Expansion Facilities Phases...............................................................10

6.3. Area to be Served by Project......................................................................10

6.4. Ownership, Assignment, and Sale of Project Water To Others.................11

6.4.1. District Sole Owner........................................................................11

6.4.2. Sale, Transfer, or Assignment........................................................11

6.4.3. Assignment of Management and Operations.................................11

6.4.4. Interest of City ...............................................................................11

6.4.5. Assignment By City.......................................................................11

6.4.6. Sale of Treated Water to Other Entities.........................................12

6.5. Disposition of Plans ...................................................................................12

6.6. Cooperation in Proceeding with First Expansion Facilities.......................12

7. DESIGN PHASE ...................................................................................................12

7.1. Design Phase Work ...................................................................................12

7.1.1. District to Obtain Approvals..........................................................13

7.1.2. Property Interests ...........................................................................13

7.1.3. Preliminary and Final Design ........................................................13

7.1.4. Preliminary Financing Work..........................................................13

7.2. Costs for Design Phase to be Advanced ....................................................13

7.3. Reimbursement of Advanced Design Phase Costs....................................13

8. CONSTRUCTION PHASE...................................................................................14

8.1. Finalization of Financing and Construction...............................................14 #20..
- 1045 -
FINAL - Approved by MID & Council - October 11, 2005.doc v

8.2. First Expansion Facilities Observer ...........................................................14

9. COMMERCIAL OPERATION PHASE...............................................................14

9.1. Commercial Operation Phase.....................................................................14

9.2. Test Quantity..............................................................................................14

9.3. District Obligations During Commercial Operation Phase .......................15

9.4. Standards of Treated Water........................................................................15

9.5. Obligation of City to Take Water ..............................................................15

9.6. Cooperation in Operation...........................................................................15

9.7. Expansion of Groundwater Capacity and Commingling
of Groundwater........................................................................................15

9.8. Exchange of Groundwater for Treated Water............................................15

9.8.1. Delivery..........................................................................................16

9.8.2. Costs...............................................................................................16

9.8.3. Records...........................................................................................16

9.8.4. Use of District Pumps....................................................................16

9.9. Force Majeure .................................................................................................16

10. ADVANCE OF PRE-CONSTRUCTION COSTS................................................17

10.1. Advances by District, City, Sunk Costs,
and Approval of Other Costs ....................................................................17

10.2. Reimbursement .............................................................................................18

10.3. Interest on Advances.....................................................................................18

10.4. Costs of Studies and Negotiation Borne by Each Party................................18

11. DRAINAGE...........................................................................................................18

11.1. Responsibility ...............................................................................................18

11.2. Indemnification.............................................................................................18 #20..
- 1046 -
FINAL - Approved by MID & Council - October 11, 2005.doc vi

12. RESERVE FUNDS................................................................................................19

12.1. Reserve and Contingency Fund .................................................................19

12.1.1. Additional Deposits to Reserve and Contingency Fund ................19

12.1.2. Withdrawals From Reserve and Contingency Fund ......................19

12.1.2.A. Unbudgeted Items ..........................................................19

12.1.2.B. Costs in Excess of Budget Amount ................................19

12.1.2.C. Budgeted Items...............................................................19

12.1.3. Increase or Decrease in Reserve and Contingency Fund ...............19

12.1.4. Reserve and Contingency Fund Advances....................................19

12.1.5. Interest on Reserve and Contingency Fund ...................................20

12.1.6. Reports...........................................................................................20

12.2. Debt Service Reserve Fund........................................................................20

12.2.1. Withdrawals From Debt Service Reserve Fund and
Replenishment of Debt Service Reserve Fund ............................20

12.2.2. Interest on Debt Service Reserve Fund..........................................21

12.2.3. Final Disposition............................................................................21

12.2.4. No Duplication...............................................................................21

13. FINANCING AND TAKE OR PAY PROVISION ..............................................21

13.1. District to Arrange Financ ing, Take or Pay Provision, Excuse from Take or Pay ................................................................................................21

13.1.1. Excuse, 50 Percent of Contracted Water Not Delivered................22

13.1.2. Excuse, 50 Percent of Water Supply..............................................22

13.1.3. Excuse, 80 Percent of Water Treatment Plant Destroyed..............22

13.2. New Period of Excuse................................................................................22

14. PAYMENT FOR WATER BY CITY ...................................................................22 #20..
- 1047 -
FINAL - Approved by MID & Council - October 11, 2005.doc vii

14.1. Debt Service ...............................................................................................22

14.2. Raw Water Charge .....................................................................................23

14.2.1. Agricultural Allocation in Acre Feet .............................................23

14.2.2. Acre Foot Charge ...........................................................................24

14.2.3. Irrigation Season not Concurrent with Year ..................................24

14.2.4. Raw Water Charge not Applicable ................................................24

14.2.5. Change in Method for Charging for Agricultural Water ...............24

14.2.6. Measurement of Raw Water ..........................................................24

14.3. Operation and Maintenance Costs .............................................................25

14.4. Administrative Services.............................................................................25

14.5. Insurance ....................................................................................................25

14.6. Electric Energy...........................................................................................25

14.7. Other Payments and Costs and Deductions From Payments and Costs ....25

14.8. Payments by City to District for Raw Water Only ....................................25

14.9. First Expansion Facilities...........................................................................26

15. TIME AND MANNER OF PAYMENT BY CITY TO DISTRICT.....................26

15.1. Monthly Payments .....................................................................................26

15.2. Proration.....................................................................................................26

15.3. Calculation of Monthly Payments.............................................................26

15.4. Late Payments............................................................................................27

16. GENERAL PAYMENT PROVISIONS................................................................27

16.1. Percentages [NOT USED].........................................................................27

16.2. Records.......................................................................................................27

16.3. Security for Payment, Rate Covenant by City...........................................27

16.3.1. [NOT USED] .................................................................................27

16.3.2. Security from City..........................................................................27

16.3.2.A. Rates and Charges..........................................................27 #20..
- 1048 -
FINAL - Approved by MID & Council - October 11, 2005.doc viii

16.3.2.B. Pledge .............................................................................28

16.3.2.C. Similar Covenant ............................................................28

16.3.2.D. Parity Debt .....................................................................28

16.3.2.E. Subordinated Debt ..........................................................28

16.3.2.F. Amendment To Obtain Financing ..................................28

16.3.2.G. Alternative Security .......................................................28

17. DELIVERY OF WATER ......................................................................................29

17.1. Water Supply to City..................................................................................29

17.2. Formula for Water Allocation....................................................................29

17.3. Treated Water Delivery Schedule ..............................................................30

17.4. Adjustment of Curtailment ........................................................................31

17.5. Exchange for Groundwater ........................................................................31

17.6. Water to Remain in District’s Irrigation District Boundary......................31

17.7. Conjunctive Use .........................................................................................32

18. PROJECT MANAGEMENT.................................................................................32

18.1. District’s Board of Directors......................................................................32

18.1.1. Final Decisions...............................................................................32

18.1.2. Project Manager .............................................................................32

18.2. Duties of Project Manager ............................................................................32

18.2.1. Implementation of this Agreement ................................................32

18.2.2. Notice to Advisory Committees.....................................................32

18.2.3. Specific Duties...............................................................................32

18.2.3.A. Work Plans...................................................................33

18.2.3.B. Progress Reports ..........................................................33

18.2.3.C. Administering Contracts..............................................33

18.2.3.D. Public Information .......................................................33

18.2.3.E. Recommending Consultants ........................................33 #20..
- 1049 -
FINAL - Approved by MID & Council - October 11, 2005.doc ix

18.2.3.F. Financial Report...........................................................33

18.2.3.G. Emergency Plans..........................................................33

18.2.3.H. Other Duties.................................................................33

18.3. City Approval of First Expansion Facilities Milestones............................33

18.3.1. Engineering Services......................................................................34

18.3.2. Review of Preliminary Design.......................................................34

18.3.3. Acceptance of Final Design...........................................................34

18.3.4. Construction Contracts...................................................................34

18.4. Processing Milestone Approvals................................................................34

18.5. Project Financing Approvals......................................................................34

18.5.1. Fixed Financing .............................................................................35

18.5.2. Variable Financing.........................................................................35

18.5.2.A. Initial Financing .............................................................35

18.5.2.B. Conversion During Construction Phase .........................36

18.5.2.C. Conversion Upon Commercial Operation......................36

18.6. Advisory Committees ................................................................................36

18.6.1. Policy Committee...........................................................................36

18.6.1.A. First Expansion Facilities Milestones..........................36

18.6.1.B. Budget Functions .........................................................36

18.6.1.C. Major Decisions and Design Changes
(In Excess of $100,000)...............................................37

18.6.2. Technical Committee .....................................................................37

18.6.2.A. Consultation With Project Manager...............................37

18.6.2.B. Recommendations to Policy Committee ........................37

18.6.2.C. Advice Relative to Minor Decisions
($5,000 to $100,000)....................................................37

18.7. Budget ........................................................................................................38

18.7.1. Budget Principles...........................................................................38

18.7.2. Budget Process...............................................................................38

18.7.2.A. Preparation...................................................................38

18.7.2.B. Technical Committee Review and Recommendation..38 #20..
- 1050 -
FINAL - Approved by MID & Council - October 11, 2005.doc x

18.7.2.C. Information to City.......................................................38

18.7.2.D. Policy Committee Review ...........................................39

18.7.2.E. Consideration of Budget by Policy Committee ...........39

18.7.2.F. Revision of Budget, Alternate Budget and Report ......39

18.7.3. Public Hearing................................................................................40

18.7.4. Appearance at Hearing...................................................................40

18.7.5. Increase ..........................................................................................40

19. LIABILITY AND INSURANCE ..........................................................................40

19.1. Insurance, General ........................................................................................40

19.1.1. Project General Liability................................................................40

19.1.2. Commercial Automobile Liability Insurance ................................40

19.1.3. Umbrella or Excess Liability Insurance.........................................40

19.1.4. Workers’ Compensation Insurance ................................................41

19.1.5. Property Insurance .........................................................................41

19.1.5.A. Course of Construction Insurance................................41

19.1.5.B. Buildings and Equipment Insurance ............................41

19.1.6. Insurance Provisions ......................................................................41

19.1.6.A. Cancellation....................................................................41

19.1.6.B. City to be Named............................................................41

19.1.6.C. Special Limitations.........................................................41

19.1.6.D. Approval by City............................................................42

19.1.7. Insurance Provision in All Contracts.............................................42

19.2. Indemnification and Hold Harmless..........................................................42

19.2.1. Indemnification by District ............................................................42

19.2.2. Cost of Litigation...........................................................................42

19.2.3. Notification ....................................................................................42

19.2.4. Objections ......................................................................................42

19.3. Third Party Claims Not Covered by Insurance; Willful............................43

19.4. Third Party Claims Not Covered by Insurance; Ordinary .........................43 #20..
- 1051 -
FINAL - Approved by MID & Council - October 11, 2005.doc xi

19.5. Claims Between Parties .............................................................................44

19.6. Workers’ Compensation Claims................................................................44

19.7. Replacement of Pro Rata Rights of Contribution......................................44

19.8. Defense by Modesto City Attorney...........................................................44

20. RELATIONSHIP OF PARTIES............................................................................45

21. GENERAL PROVISIONS GOVERNING AGREEMENT..................................45

21.1. Severance ...................................................................................................45

21.2. Waiver........................................................................................................45

21.3. Counterparts...............................................................................................45

21.4. Supporting Resolutions..............................................................................45

21.5. No Rights in Other Parties.........................................................................45

21.6. Amendment ................................................................................................46

21.7. Obligations Prior to Termination...............................................................46

21.8. Captions .....................................................................................................46

21.9. Additional Documents ...............................................................................46

21.10. Governing Law ..........................................................................................46

21.11. Shall and May ............................................................................................46

21.12. Non-Discrimination ...................................................................................46

22. TERM AND TERMINATION..............................................................................46

22.1. Execution by Both Parties..........................................................................46

22.1.1. Superseded by Other Agreement ...................................................46

22.1.2. Termination by Mutual Agreement ...............................................46

22.2. Termination of Participation in First Expansion Facilities Prior to Financing.......................................................................................46 #20..
- 1052 -
FINAL - Approved by MID & Council - October 11, 2005.doc xii

23. UNDERTAKINGS [Not Used] .............................................................................47

24. WATER RIGHTS AND OWNERSHIP................................................................47

25. NOTICES...............................................................................................................49 Exhibit A – Summary of “Sunk Costs” for First Expansion Facilities Exhibit B – Map of District Project Facilities
#20..
- 1053 -
FINAL - Approved by MID & Council - October 11, 2005.doc 1

AMENDED AND RESTATED

TREATMENT AND DELIVERY AGREEMENT
AMONG

MODESTO IRRIGATION DISTRICT AND CITY OF MODESTO

1. PARTIES.

The Parties to this Amended and Restated Treatment and Delivery Agreement are Modesto Irrigation District, a California irrigation district, and City of Modesto, a California municipal corporation and charter city, who agree as follows:

2. RECITALS.

This Agreement is made with reference to the following facts and circumstances, among others:

2.1. District Formation and General Purposes. District was formed more than 100 years ago for the purpose of providing irrigation water to serve the needs of agriculture. To that end, District has perfected water rights sufficient to meet those needs. District's development of its water rights and its agricultural irrigation delivery system, and the careful attention to the needs of District's agricultural water users, have been prominent in making Stanislaus County one of the world's foremost agricultural areas. In recent years, population growth within District's boundaries has reduced the irrigated acreage while increasing the demand for municipal uses of water. The Parties desire to put to beneficial municipal use for the inhabitants of District certain amounts of surface water to which District has rights. In doing so, the Parties shall be mindful of the great importance of District's water rights, and the significant role of agriculture within District. The area to be served with water pursuant to this Agreement is within District's Irrigation District Boundary. The water to be supplied by District pursuant to this Agreement is not surplus water, but rather is water which has historically been put to beneficial agricultural use within District and is now necessary for municipal use within District.

2.2. [Not Used]
#20..
- 1054 -
FINAL - Approved by MID & Council - October 11, 2005.doc 2

2.3. Water Management Study. District and City authorized, received, and accepted the Study, which was completed in 1984.

2.4. Problems of Reliance on Groundwater. The Study found, in part, that existing groundwater sources of City are limited and supplies are declining, and that a continued decline in the quantity of groundwater will result in a gradual degradation of the quality of the groundwater. This degradation of quality, combined with on-going Modifications to State and Federal drinking water standards, will make it increasingly difficult to meet domestic water supply demands solely through the use of groundwater.

2.5. Water Rights. District has certain water rights with respect to the waters of the Tuolumne River.

2.6. Study Recommendation. The Water Management Study recommended, in part, that City and DEW contract with District for treated surface water to supplement its groundwater supplies. This resulted in construction of the existing surface water treatment plant located at the Modesto Reservoir. The design, financing, construction, operation and maintenance of the water treatment plant was implemented pursuant to the Treatment and Delivery Agreement Among Modesto Irrigation District, City of Modesto, and Del Este Water Company that was approved in 1992.

2.7. Projection Expansion. Pursuant to the 1992 Agreement, District designed and constructed, and now owns, operates and maintains, the initial Project facilities, including the Modesto Regional Water Treatment Plant, which has a rated treatment capacity of 30 million gallons of treated water per day (mgd). The 1992 Agreement contemplates that the parties may agree at some time to expand the Project up to a capacity of 60 mgd.

2.8. Environmental Clearance. District, with the assistance of its environmental consultant, completed a final environmental impact report for the Initial Facilities and, on April 17, 1990, the Board of Directors of District adopted Resolution 90-50 which, among other things, certified the EIR and caused a Notice of Determination to proceed with the Project to be filed in accordance with the California Environmental Quality Act and the CEQA Guidelines.

The parties prepared a Subsequent Environmental Impact Report on the First Expansion Facilities, and District and City cooperated as CEQA co-lead agencies of the preparation of the SEIR, which addresses the First Expansion Facilities and this Amended and Restated Agreement.

The SEIR also studies other City water system improvements to be financed, designed, #20..
- 1055 -
FINAL - Approved by MID & Council - October 11, 2005.doc 3 constructed and operated by City outside of this Agreement. The parties have certified the SEIR and made appropriate CEQA findings. (See District Resolution No. 2005-92, pertaining to SEIR Certification; District Resolution No. 2005-158, pertaining to CEQA Findings; City Resolution No. 2005-378, pertaining to the SEIR Certification; City Resolution No. 2005-515, pertaining to the CEQA Findings.)

2.9 Use of Available Water to Carry Out Recommendations of the Urban Water Management Plan. It is in the best interests of the Parties and their respective water users to utilize District's available water to expand the present capacity of the MRWTP to provide treated water to City in an environmentally acceptable manner, which is not injurious to agricultural water users or any other interests of District.

2.10. Enterprise Fund. It is the intention of the Parties that, except as specifically provided otherwise herein, the Project shall be financially operated as an enterprise fund with costs borne by City, and with neither profits nor losses accruing to District as a result of the Project. All terms of this Agreement shall be construed in accordance with the intent of this Section 2.10.

2.11. Long Term Water Supply. By this Agreement, the Parties intend to provide for and increase the long-term source of domestic Treated Water supply for City.

2.12. Conservation. In entering into this Agreement, the Parties recognize that it is important to continue to encourage both urban and agricultural water users within District to utilize water conservation practices, which are effective, practical, and economical.

2.13. Groundwater. The Parties recognize the importance of an adequate supply of good quality groundwater. The Parties in the future, as they deem appropriate, shall cooperate in necessary ground water management efforts as may be required by future State or Federal legislation or regulations.

2.14. DEW Acquisition. In 1995, City acquired certain assets of DEW, including all of the Company’s rights, interests and obligations in and to the Project and 1992 Agreement. The parties acknowledge and confirm that (a) District has consented to this transfer and assignment pursuant to the 1992 Agreement, (b) DEW is no longer a party to the 1992 Agreement, and (c) all DEW’s rights, interests and obligations in and to the 1992 Agreement have been transferred to and accepted by City. Consequently, DEW no longer has any right or interest in the 1992 Agreement or the Project and therefore is not a party to this Agreement. #20..
- 1056 -
FINAL - Approved by MID & Council - October 11, 2005.doc 4

2.15. Purpose of Agreement. The Parties desire to amend the 1992 Agreement to (a) provide for expansion of the MRWTP to 60 mgd and construction of related facilities, (b) address City’s acquisition of DEW’s interests in the 1992 Agreement and Project, and (c) make certain other changes. In order to simplify and clarify the applicable contract terms and consolidate all current contract terms and conditions into a single document, the parties have incorporated the amendments into this amended and restated agreement, which includes the 1992 Agreement as amended.

3. AMENDMENT AND RESTATEMENT OF 1992 AGREEMENT.

The 1992 Agreement is hereby amended and restated in full with the amendments as set forth in this Amended and Restated Treatment and Delivery Agreement. The 1992 Agreement therefore is hereby terminated and superseded by this Agreement. Any right, debt, obligation or liability under or secured by the 1992 Agreement shall be deemed a right, debt, obligation or liability under or secured by this Agreement.

4. DEFINITIONS.

4.1. Advances. All costs advanced by District pursuant to Section 10.1 during the Design Phase, except Sunk Costs, together with an estimate made just prior to the Financing and agreed upon by the Parties with respect to all advances, which are to be made by District prior to the end of the Design Phase.

4.2. Advisory Committees. The committees created pursuant to Section 18.6.

4.3. Agreement. This Amended and Restated Treatment and Delivery Agreement between District and City.

4.4 1992 Agreement. The Treatment and Delivery Agreement Among Modesto Irrigation District, City of Modesto, and Del Este Water District that was approved in 1992.

4.5. Approvals. The licenses, permits, entitlements, and privileges necessary for the construction, operation, and maintenance of the Project.

4.6. Board. The Board of Directors of District.

4.7. Chief Executive Officers. The City Manager and the General Manager of District, or their respective designees.

4.8. City. City of Modesto.

4.9. City Gross Water Revenues. All gross income and revenue received or receivable by City from the ownership and operation of City Municipal Water System, which gross income #20..
- 1057 -
FINAL - Approved by MID & Council - October 11, 2005.doc 5 and revenue shall be calculated in accordance with generally accepted accounting principles, including all rates, fees, and charges received by City for water service and connection and hookup fees and all other income and revenue however derived by City from the ownership and operation of or arising from City Municipal Water System, but excluding in all cases any proceeds of taxes and any refundable deposits made to establish credit, federal or state grants, or advances or contributions in aid of construction, or monetary recoveries in lawsuits on behalf of City’s water rate payers for environmental and other torts and actions at law.

4.10. City Municipal Water System. The municipal water system of City existing on the effective date of this Agreement and all additions, betterments, extensions, and improvements thereto hereafter acquired or constructed.

4.11. Commercial Operation Date. The first day following the Test Period.

4.12. Commercial Operation Phase. The (a) ongoing operation and maintenance of the Initial Facilities, and (b) for the First Expansion Facilities, the Period beginning with the Commercial Operation Date and continuing thereafter.

4.13. Construction Phase. The Period during which the First Expansion Facilities are constructed, ending with the end of the Test Period.

4.14. Debt Service. The payments required to be made for principal, interest, and other charges, if any, to the holders of evidences of indebtedness or certificates of participation issued by District pursuant to this Agreement to finance the Project. If bond insurance is used in connection with Fixed Financing, Debt Service shall include bond insurance premiums.

4.15. Debt Service Reserve Fund. The fund established and maintained pursuant to Section 12.2 of this Agreement.

4.16. Design Phase. The Period of First Expansion Facilities environmental review and design ending with the start of construction of the Project.

4.17. DEW. Del Este Water Company.

4.18. District. Modesto Irrigation District.

4.19. District Interest Rate. For the Period for which interest is to be calculated, interest at the same average monthly yield as District earns on its general fund portfolio, provided, however, that if at any time District's average cost of borrowing money exceeds District's rate of return on its general fund portfolio, the interest on amounts advanced by District shall be District's cost of borrowed money. In no event shall the rate of interest determined pursuant to #20..
- 1058 -
FINAL - Approved by MID & Council - October 11, 2005.doc 6 this Section 4.18 as applied exceed the legal limit. Interest shall accrue monthly beginning at the time District actually expends the funds on which the interest is to accrue.

4.20. District's Electrical Service Area Boundary. The boundary of the electrical service area of District as shown on the official maps and records of District.

4.21. District's Irrigation District Boundary. The irrigation district boundary of District, as opposed to District's Electrical Service Area Boundary, as shown on the official maps and records of District.

4.22. Domestic Water Year. Each 12 month period commencing on May 1 and ending on the next succeeding April 30.

4.23. Finance Committee. A committee consisting ofthe Director of Finance of City and the chief financial officer of District, or their respective designees.

4.24. Financing. The actual putting into place of Variable Financing or Fixed Financing to the point of the disbursement of funds as needed to allow construction of the First Expansion Facilities to proceed.

4.25. First Expansion Facilities. The expansion of the MRWTP as described in the SEIR (but excluding those water system transmission and storage facilities to be financed, designed and constructed by City), or such other First Expansion Facilities description as may be approved by the parties in writing.

4.26. Fixed Costs. All costs other than Debt Service which must be borne by District in connection with the Project irrespective of whether the Project is producing Treated Water or not.

4.27. Fixed Financing. Long term Project Financing with fixed terms and rates extending for the length of the repayment period.

4.28. Initial Amount. The amount to be initially deposited to the Reserve and Contingency Fund pursuant to Section 12.1 and thereafter the amount currently required to be maintained in the Reserve and Contingency Fund pursuant to Section 12.1.3.

4.29. Initial Facilities. The diversion facilities, 30 million gallons per day water treatment facilities, pipelines, pumps, storage facilities, and other improvements as described in and completed during the original project pursuant to the 1992 Agreement to deliver Treated Water to City.
#20..
- 1059 -
FINAL - Approved by MID & Council - October 11, 2005.doc 7

4.30. Maximum Annual Debt Service. The largest amount of Debt Service to be paid under Fixed Financing during any Year.

4.31. Modifications. Any improvements or alterations in the Project mandated by regulatory agencies, or required to meet the provisions of Section 9.4, or changes in the Project agreed upon as necessary by the Parties.

4.32. MRWTP. District’s Modesto Regional Water Treatment Plant.

4.33. Next Turnout. The first point of diversion onto private land or into a smaller canal or pipeline below any point at which City discharge s groundwater into an irrigation canal as provided in Section 9.8.1.

4.34. Other City Water. All groundwater and surface water supplies available to City for municipal and industrial purposes excluding Raw Water and Treated Water.

4.35. Parity Debt. Loans, bonds, notes, advances or indebtedness, or other obligations of City payable from and secured by a pledge of water rates, and charges of City on a parity with the obligations to be paid by City pursuant to this Agreement.

4.36. Parties. District and City.

4.37. Period. One or more Calendar Years or Domestic Water Years and/or any portion thereof.

4.38. Phases. The Design Phase, the Construction Phase, and the Commercial Operation Phase.

4.39. Policy Committee. The Committee created pursuant to Section 18.6.1 of this Agreement.

4.40. Prior Agreement. The Advance Funding and Reimbursement Agreement executed by the parties October 7, 2003, as amended, which identifies environmental review and preliminary design costs to be funded by District and later reimbursed by the First Expansion Facilities Financing.

4.41. Project. The Initial Facilities (as described in and constructed pursuant to the 1992 Agreement) plus the First Expansion Facilities. If the First Expansion Facilities are terminated pursuant to section 22.2 prior to completion, then “Project” shall mean and be limited to the Initial Facilities.

4.42. Project Manager. The person or entity as is appointed pursuant to Section 18.1.2 of this Agreement.
#20..
- 1060 -
FINAL - Approved by MID & Council - October 11, 2005.doc 8

4.43. Project Observer. The observer or observers that may be appointed pursuant to Section 8.2.

4.44. Property Cost. As to an interest in real property either owned or acquired by City and then acquired by District for the Project pursuant to Section 7.1.2, (i) the fair market value of already owned property at the time it is conveyed to District, and (ii) the purchase price of newly acquired property, including, but not limited to, incidental costs such as legal fees, appraisal fees, and title fees.

4.45. [Not Used]

4.46. Raw Water. Water of District diverted to the Project.

4.47. Raw Water Charge. The cost of Raw Water for the year as set forth in Section

14.2. 4.48. Reserve and Contingency Fund. The reserve and contingency fund established and maintained pursuant to Section 12.1 of this Agreement.

4.49. SEIR. The Subsequent Environmental Impact Report for the MRWTP Phase Two Expansion Project dated June 2005.

4.50. Service Area. City municipal water system service areas as shown and described in the Urban Water Management Plan, as the same may be adopted by City from time to time.

4.51. Surface Water Service Area. The portion of the Service Area located within District’s Irrigation District Boundary.

4.52. Study. The Water Management Study, prepared by James M. Montgomery Consulting Engineers, dated November 1984.

4.53. Sunk Costs. Those costs associated with the First Expansion Facilities incurred by the Parties and set forth in Exhibit A of this Agreement.

4.54. Technical Committee. The committee created pursuant to Section 18.6.2 of this Agreement.

4.55. Termination. A termination of the Agreement pursuant to section 22.1.

4.56. Test Period. The seven day Period immediately following the completion of the construction of the First Expansion Facilities during which those facilities are tested as to their ability to operate and produce Treated Water meeting the standards of Section 9.4 in the quantity specified in Section 9.2. If during the initial seven day Period the First Expansion Facilities fail to operate and produce Treated Water meeting the standards of Section 9.4 in the quantity #20..
- 1061 -
FINAL - Approved by MID & Council - October 11, 2005.doc 9 specified in Section 9.2, the Test Period shall be extended until the time when the First Expansion Facilities have in fact demonstrated their ability to operate and produce Treated Water meeting the standards of Section 9.4 in the quantity specified in Section 9.2.

4.57. TIC. "True Interest Cost" as the term is commonly applied in municipal finance.

4.58. Treated Water. All water meeting the standards of Section 9.4 delivered from the Project to City at point or points of delivery.

4.59. Trustee. The trustee or trustees, if any, appointed in the documents executed in connection with any Financing.

4.60. Urban Water Management Plan. The 2000 Urban Water Management Plan dated October 2001, which was adopted by District with District Resolution No. 2001-134 and by City with City Resolution No. 2001-480, as the same may be adopted by the parties from time to time.

4.61. Variable Financing. Project Financ ing with variable rates and terms during the First Expansion Facilities Construction Phase and until Fixed Financing is put in place.

4.62. Water Shortage Condition. Any Period in which pursuant to Section 17.2 the Treated Water available to City falls below 33,602.1 acre-feet during a full Domestic Water Year because of a reduction in District’s water supply due to a cause beyond District’s control, whether due to drought, new or amended federal or state statute or regulation, court order, federal or state government agency license, permit, order or ruling, or good faith settlement agreement in lieu of a court order or federal or state government agency order or ruling. Upon completion of the First Expansion Facilities (as evidenced by the Commercial Operation Date), this quantity shall be changed to 67,204.2 acre-feet per year.

4.63. Year. Each 12 month period commencing on January 1 and ending on the next succeeding December 31.

5. TERMINATION OF PRIOR AGREEMENT.

By execution of this Agreement the Parties intend to, and do, hereby terminate and cancel the Prior Agreement, provided, that to the extent provisions of this Agreement are the same or have the same meaning as provisions of the Prior Agreement, those provisions shall be deemed to have been continuously in effect since the date of the Prior Agreement.

6. PROJECT AND FIRST EXPANSION FACILITIES.

6.1. Ob1igations of District and Expansion. Pursuant to sections 4.41 and 6.1 of the 1992 Agreement, the parties agree to expand the Project to include the First Expansion Facilities. #20..
- 1062 -
FINAL - Approved by MID & Council - October 11, 2005.doc 10 District shall finance, design, acquire lands and rights-of-way for, acquire licenses and permits for, construct, own, operate and maintain the First Expansion Facilities pursuant to applicable provisions of this Agreement, including, but not necessarily limited to, sections 6 through 13, inclusive and 18. In designing, constructing, operating and maintaining the First Expansion Facilities, District also shall comply with applicable provisions of the SEIR, the related mitigation monitoring plan, and Urban Water Management Plan. The configuration, design, construction, and financing of the First Expansion Facilities shall be determined in accordance with this Agreement.

6.1.1. The parties acknowledge that City intends to concurrently finance, design, acquire lands and rights-of-way for, acquire permits for, construct, own, operate and maintain certain water system transmission, distribution and storage facilities that are described and analyzed in the SEIR but not part of the First Expansion Facilities for purposes of this Agreement.

6.1.2. The Project facilities owned, operated and maintained by District and the points of delivery to City water system are shown on the map attached as Exhibit B and incorporated herein. All municipal water system facilities downstream of such points of delivery are owned by and the responsibility of City. The meters at District-City points of delivery shall be owned and operated by District as part of the Project.

6.2. First Expansion Facilities Phases. Implementation and completion of the First Expansion Facilities shall be undertaken in three Phases consisting of the Design Phase, the Construction Phase, and the Commercial Operation Phase, as described in sections 4.38 and 6 through 9, inclusive.

6.3. Area to be Served by Project. The area to be served by the Project is the Surface Water Service Area. District acknowledges that City’s entire Service Area extends beyond the Surface Water Service Area, that the portions of the Service Area located outside of the Surface Water Service Area are served by City with City groundwater and City water supplies other than the Treated Water, and that the Treated Water and Other City Water are commingled in a single water distribution system that serves the entire Service Area. City shall have the right to continue to commingle the Treated Water and Other City Water for use throughout the Service Area, provided that in no event shall water from the Project be transported outside the Surface Water Service Area that is not replaced with an equal or greater amount of Other City Water in #20..
- 1063 -
FINAL - Approved by MID & Council - October 11, 2005.doc 11 accordance with section 17.6 below. Subject to all other limitations in this Agreement, Treated Water may be used outside the Surface Water Service Area without replacement by Other City Water if the Parties have approved that use after any environmental processing required by law has taken place.

6.4. Ownership, Assignment, and Sale of Project Water to Others.

6.4.1. District Sole Owner. District shall be the sole owner of the Project, however City shall have rights in the Project as set forth in this Agreement.

6.4.2 Sale, Transfer, or Assignment. Except as to management and operation as expressly provided in section 6.4.3, District shall not sell, transfer, or assign any interest in the Project. This section 6.4.2 does not prohibit District from disposing of excess or surplus personal property or land, provided that the proceeds of the disposition shall be credited to the Project.

6.4.3. Assignment of Management and Operations. In the event that District contemplates the assignment or transfer of the management and operation of its interest in the Project to an entity other than City, then, prior to the assignment or transfer, the Parties shall meet and confer to determine whether it is practical to make the assignment or transfer to City.

District shall not assign, transfer, contract out, or subcontract all or substantially all of District's operation and maintenance obligations under the Commercial Operation Phase without the prior written consent of City.

6.4.4. Interest of City. Upon completion of the Construction Phase and during the life of this Agreement throughout the Commercial Operation Phase, including after retirement of the Fixed Financing or other debt for the Project, City shall have and continue to have a permanent beneficial interest in the output of the Project in accordance with the terms of this Agreement.

6.4.5. Assignment By City. City shall not assign or transfer its right or interest in the Project, in whole or in part, without the prior written consent of District, which consent shall not be unreasonably withheld. Any assignment or transfer by City without consent of District shall be void. No assignee or transferee of City shall obtain any right or interest in this Agreement until it assumes by written instrument all obligations under this Agreement with respect to the right or interest transferred or assigned, and it becomes a Party to this Agreement by executing this Agreement or an amendment thereto also executed by the Parties. #20..
- 1064 -
FINAL - Approved by MID & Council - October 11, 2005.doc 12

6.4.6. Sale of Treated Water to Other Entities. District shall not sell, lease, transfer, or in any other manner direct or convey Treated Water from the Project to any person or entity other than City without the prior written consent of City, which consent shall not be unreasonably withheld. Prior to selling, leasing, transferring, or conveying Treated Water from the Project to any person or entity other than City, District shall first offer the water to City. City may take all or a portion of the Treated Water offered. Unless parties otherwise agree, the price of any Treated Water sold, leased, transferred, or conveyed by District to any person or entity other than City shall not be less than the full cost of producing the water including Sunk Costs and Raw Water, capital, treatment, operation, maintenance, and administrative costs, and in any event shall not be lower than the price to City. In the event the cost of furnishing water to any person or entity other than City is less than the charges to that person or entity, the excess revenue shall be applied to the operation of the Project. Subject to the provisions of Section

6.4.5, this Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assignees.

6.5. Disposition of Plans. City, upon request, shall be entitled to obtain and keep copies of all reports, drawings, studies, plans, specifications, other engineering documents, and all other documents pertaining to the Project, provided that City has fully paid its share of all costs due up to the time of the request, as those costs are due and owing pursuant to this Agreement.

6.6. Cooperation in Proceeding with First Expansion Facilities. District shall, to the extent it has not already done so, utilize its best efforts to acquire and maintain ownership of all easements, water conveyance rights, water rights, and Approvals necessary for the construction, operation, and maintenance of the First Expansion Facilities. City shall utilize its best efforts to support the First Expansion Facilities and its Financing and assist District in regard to the matters set forth in this Section 6.6 in order to facilitate the Financing, construction, operation, and maintenance of the First Expansion Facilities.

7. DESIGN PHASE.

7.1. Design Phase Work. Under the Advance Funding and Reimbursement Agreement, Design Phase work on the First Expansion Facilities has been commenced and is currently under way. District has retained various engineers and consultants to perform the work.

District may utilize different engineers and consultants on the First Expansion Facilities, subject #20..
- 1065 -
FINAL - Approved by MID & Council - October 11, 2005.doc 13 to City’s approval of engineering services contracts pursuant to Agreement section 18.3.1. To the extent items are not already completed or under way, during the Design Phase each of the following shall occur:

7.1.1. District to Obtain Approvals. To the extent practical, District shall obtain all Approvals during the Design Phase. Approvals, which cannot be obtained during Design Phase, shall be obtained as soon thereafter as practical.

7.1.2. Property Interests. District shall acquire all land, easements, and rights of way required for the construction, operation, and maintenance of the First Expansion Facilities including real property interests owned by City where applicable. City shall assist with the identification and acquisition of all water storage sites within its respective Service Areas. If City either acquires real property for District’s portion of the First Expansion Facilities, or agrees to the utilization of already owned property for District’s portion of the Project, then District shall acquire the real property from City at the Property Cost.

7.1.3. Preliminary and Final Design. The First Expansion Facilities engineers shall prepare preliminary design development plans and specifications and a preliminary cost estimate, and, after approval by the Parties of the preliminary design and cost estimate as provided in Sections 18.3 and 18.4, the engineers shall prepare final and complete construction documents and a final cost estimate.

7.1.4. Preliminary Financing Work. The financial advisor, underwriter, bond counsel, and District shall perform preliminary work necessary for the Financing of the First Expansion Facilities and shall make a Financing proposal to City.

7.2. Costs for Design Phase to be Advanced. Costs for all work performed during the Design Phase shall be advanced in accordance with the provisions of Section 10.1.

7.3. Reimbursement of Advanced Design Phase Costs. Reimbursement of the costs advanced pursuant to Section 10.1 shall be made in accordance with Section 10.2. The SEIR and First Expansion Facilities environmental review costs shall be considered design costs to be advanced by District and reimbursed pursuant to sections 4.1, 7.2, 7.3, 10.1 and 10.2; provided, however, that SEIR, First Expansion Facilities environmental review and other costs paid or advanced by City pursuant to the Prior Agreement shall not be reimbursed to District, but shall be reimbursed to City through the First Expansion Facilities Financing. #20..
- 1066 -
FINAL - Approved by MID & Council - October 11, 2005.doc 14

8. CONSTRUCTION PHASE.

8.1. Finalization of Financing and Construction. The Construction Phase shall consist of finalization of the Financing and the construction of the First Expansion Facilities. Prior to the commencement of the Construction Phase all necessary agreements for the Financing and construction, purchase, and sale of water, and operation and maintenance of the First Expansion Facilities shall be executed.

8.2. First Expansion Facilities Observer. City may designate a First Expansion Facilities Observer to function during the Construction Phase. City shall pay all costs for the First Expansion Facilities Observer, including, but not limited to, salary and fringe benefits. A First Expansion Facilities Observer may: (i) be at the construction site of the First Expansion Facilities at any time he/she elects; (ii) observe on-going and completed construction; and (iii) have access to all of District's records, files, and documents related to the design and construction of the First Expansion Facilities. He/she shall not direct, comment to, correct, advise, or otherwise deal with personnel of any contractor or District except that the First Expansion Facilities Observer may bring to the attention of the Project Manager any concerns noted by him/her and may bring those concerns to City. The First Expansion Facilities Observer shall observe all applicable requirements of the Occupational and Health Safety Act and all other statutes, rules, and regulations applicable to employee safety on construction sites. The Project Manager may exclude from the construction site any First Expansion Facilities Observer who, after warning, fails to observe the limitations and requirements of this Section 8.2.

9. COMMERCIAL OPERATION PHASE.

9.1. Commercial Operation Phase. District shall continue the Commercial Operation Phase as to the Initial Facilities. The Commercial Operation Phase for the First Expansion Facilities shall commence immediately following the Test Period. Any water produced during the Test Period, which meets the standards of Section 9.4, shall be delivered to City.

9.2. Test Quantity. During the Test Period after completion of the First Expansion Facilities, Treated Water from the MRWTP shall be produced at a rate of 60 million gallons per day or at the highest rate below 60 million gallons per day which City system is able to accept.

During the Test Period every reasonable effort shall be made to produce Treated Water at the rate of 60 million gallons per day. The Parties shall cooperate during the Test Period in an effort to maximize production of water and acceptance of water by City system. #20..
- 1067 -
FINAL - Approved by MID & Council - October 11, 2005.doc 15

9.3. District Obligations During Commercial Operation Phase. During the Commercial Operation Phase District shall: (i) operate and maintain the Project in as economic a manner as practical in accordance with generally accepted waterworks practices as evidenced by well designed and operated potable water treatment plants of a similar size in Northern California; and (ii) deliver Treated Water to City consistent with the terms of this Agreement.

Until the Commercial Operation Date for the First Expansion Facilities, District’s operation and maintenance responsibilities shall be limited to the Initial Facilities. After the Commercial Operation Date for the First Expansion Facilities, District’s operation and maintenance responsibilities shall include the First Expansion Facilities.

9.4. Standards of Treated Water. Throughout the term of this Agreement, or any successor or substitute agreement, or extensions thereof, District shall deliver to City Treated Water which meets all state and federal drinking water quality standards applicable to the Project at the time of delivery to City system.

9.5. Obligation of City to Take Water. City at all times shall exercise its best efforts to take all Treated Water made available to City, up to the amount identified in Sections 14.8 and

17.3. 9.6. Cooperation in Operation. The Parties shall cooperate and remain in frequent telephonic or other communication so as to efficiently operate the domestic water system and fully put to use the Treated Water produced by the MRWTP.

9.7. Expansion of Groundwater Capacity and Commingling of Groundwater.

Throughout the term of this Agreement, City shall maintain and, to the extent it deems necessary, expand, its well system so that the groundwater used in conjunction with the Treated Water will best enable City to be able to meet its customer demands. It is understood that District's obligations to deliver Treated Water are as otherwise set forth in this Agreement. Groundwater is to be delivered by City through its same water pipelines which will carry the Treated Water, resulting in a physical commingling of the groundwater and surface supplies.

9.8. Exchange of Groundwater for Treated Water. Subject to the absolute limitation of 67,204.2 acre feet per Domestic Water Year, and subject to approval of District as to time and place of delivery, which approval shall not be unreasonably withheld, City, at its option, may deliver groundwater to District irrigation canalsystem in exchange for an additional amount of #20..
- 1068 -
FINAL - Approved by MID & Council - October 11, 2005.doc 16 Treated Water from District equal to the quantity of groundwater delivered to District irrigation canal system, provided that each of the following conditions is met:

9.8.1. Delivery. Any groundwater delivered by City shall be delivered into one of the irrigation canals of District. After blending the groundwater discharged with the water then in the canal, the quality of the water, sampled at the Next Turnout, shall be of a quality suitable for agricultural use, including without limitation, use for crops, orchards or livestock.

In the event that water samples at the Next Turnout demonstrate, based upon the quality standards set forth above, that the groundwater after mixing is not suitable for agriculture, City shall immediately cease making those discharges which contribute to the unsuitability of the water at the point at which the sampling occurred

9.8.2. Costs. City shall bear all costs, including the cost of additional capital facilities, if any are necessary, associated with delivering exchange groundwater supply to District irrigation canal system.

9.8.3. Records. City shall maintain a record of the quantity of exchange groundwater delivered to District irrigation canal system and the quality of blended water in the canal at the Next Turnout below each point of introduction of groundwater.

9.8.4 Use of District Pumps. In order to facilitate the exchange of groundwater pursuant to this Section 9.8, City may enter into an agreement with District for the use of District owned or controlled pumps to accomplish the exchange. City shall reimburse District for all costs incurred, including electric rates normally charged for pumping and costs of operations, maintenance, repair, administration, and personnel. Agreements pursuant to this Section 9.8.4 shall be at the sole discretion of District.

9.9. Force Majeure. District shall be excused from its obligation to deliver Treated Water in the event that District is rendered unable, wholly or in part, by force majeure to carryout its obligations under this Agreement. Upon the occurrence of anevent of force majeure, District shall give notice and full particulars of the force majeure in writing, or by telephone followed by a writing. District's performance shall be suspended during the continuance of the force majeure. The term "force majeure" as used herein shall mean acts of God, strikes, lockouts, failure or refusal of any person or entity to comply with then existing agreements to obtain or ship materials or equipment, or industrial disturbances, acts of a public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, volcanic eruptions, #20..
- 1069 -
FINAL - Approved by MID & Council - October 11, 2005.doc 17 fires, flood, washouts, or other natural disasters, threat of physical harm or damage resulting in the evacuation or shutdown of facilities necessary for the supply, treatment, and distribution of water, arrests and restraints of governments and people, civil disturbances, insurrection, explosions, sabotage, restraint by court order or public authority, other than District, having jurisdiction over the Project, and action or non-action by, or failure to obtain authorizations or approvals from, any governmental agency or authority of competent jurisdiction, and any other causes, whether of the kind herein enumerated or otherwise, not within the control of the Party claiming force majeure and which, by the exercise of due diligence, the Party is unable to prevent or overcome. District shall use its best efforts to promptly bring to an end any condition falling within the definition of force majeure. District shall prepare, revise from time to time as appropriate, and implement when necessary an operational plan to deal with strikes and lockouts so as to minimize interruption of the delivery of Treated Water to City in the event of a strike or lockout. It is understood and agreed that the settlement of strikes or lockouts shall be entirely at the discretion of the Party having the difficulty. In the event of a strike or lockout, District's obligation to perform under this Agreement shall not be suspended for a Period of more than 60 days. If District gives notice of a force majeure event which impacts District's ability to deliver Treated Water, then the provisions of Section 13 shall be determinative as to whether City is excused from its obligation to pay Debt Service and Fixed Costs. Upon the occurrence of any event of force majeure which may render District wholly or in part unable to carry out its obligations under the Agreement, to the extent reasonably practical District shall use its best efforts to promptly implement a plan to ensure the continued operation of the Project and continued delivery of Treated Water to City.

10. ADVANCE OF PRE-CONSTRUCTION COSTS.

10.1. Advances by District, City, Sunk Costs, and Approval of Other Costs. City shall be liable for the payment of all costs and expenses of all Phases of the Project in accordance with this Agreement. To facilitate the planning and construction of the First Expansion Facilities, and pursuant to the Prior Agreement, District has already advanced certain First Expansion Facilities costs. Some costs have been advanced by City. District shall advance all costs reasonably necessary for completion of all engineering and design work, feasibility studies, permit, and licensing costs, and all other work required and conducted during the Design Phase of the First Expansion Facilities. The costs shall be reimbursed by City as set forth in Section 10.2; however, #20..
- 1070 -
FINAL - Approved by MID & Council - October 11, 2005.doc 18 in order for costs incurred by District to be reimbursed by City, the costs must be either included as Sunk Costs identified in Exhibit A or approved by City. Separate approval shall not be required as to costs approved as a part of a Project milestone as provided in Sections 18.3 and

18.4. Any cost not approved by City shall be subject to further review in the manner provided in Section 18.6. As also indicated on Exhibit A, City has also advanced a portion of Sunk Costs.

10.2. Reimbursement. Upon Termination, City shall reimburse District for all Sunk Costs and Advances not previously reimbursed or incorporated into a Financing, unless the Parties agree otherwise. In the event of a Termination of the First Expansion Facilities pursuant to Section 22.2, and the Parties abandon the First Expansion Facilities, City shall not be required to reimburse District pursuant to this Section 10.2. If the Project proceeds to Financing, reimbursement of Sunk Costs and Advances to District and reimbursement of Sunk Costs to City shall be included in the principal amount of the financed obligation. District and City shall be reimbursed for Sunk Costs and District shall be reimbursed for Advances from the proceeds of the Financing.

10.3. Interest on Advances. Amounts advanced by the Parties pursuant to Section 10.1 shall bear interest at District Interest Rate until repaid.

10.4. Costs of Studies and Negotiation Borne by Each Party. Costs of studies conducted by either Party for its own purposes and costs associated with the preparation and negotiation of this Agreement or subsequent or other agreements between the Parties shall be borne by the Party incurring the costs and shall not be advanced pursuant to Section 10.1, nor reimbursed pursuant to Section 10.2.

11. DRAINAGE.

11.1. Responsibility. District shall not be responsible for any drainage pumping or facilities necessary to maintain water tables so as to avoid damage to structures and crops within the Service Area of City. City shall not be responsible for any drainage pumping or facilities necessary to maintain water tables so as to avoid damage to structures and crops outside the Service Area of City.

11.2. Indemnification. Each Party shall indemnify, protect, defend, and hold harmless the other Party, and its respective officers, directors, officials, employees, agents, and volunteers, from and against any and all liabilities, claims, damages, losses, judgments, penalties, costs or expenses (including attorney fees) arising from rising groundwater tables within the service area #20..
- 1071 -
FINAL - Approved by MID & Council - October 11, 2005.doc 19 of the indemnifying Party. For the purposes of this Section 11.2, District’s service area shall be that portion of District lying outside of the Service Area of City.

12. RESERVE FUNDS.

12.1. Reserve and Contingency Fund. District shall continue to maintain a Reserve and Contingency Fund. The Initial Amount shall be $500,000.

12.1.1. Additional Deposits to Reserve and Contingency Fund. If the balance in the Reserve and Contingency Fund shall fall below the Initial Amount as of the end of any Year, then the amount of the shortfall shall be added to the amount to be paid by City pursuant to Section 15 during the next ensuing Domestic Water Year.

12.1.2. Withdrawals From Reserve and Contingency Fund. The Reserve and Contingency Fund shall be subject to withdrawals by District for the following purposes:

12.1.2.A. Unbudgeted Items. The cost of (i) unbudgeted necessary repairs and replacements required to maintain the Project in good order in keeping with the standards evidenced by similar sized potable water treatment plants in Northern California and at all times able to produce Treated Water meeting the standards of Section 9.4; plus (ii) all unbudgeted Modifications.

12.1.2.B. Costs in Excess of Budget Amount. Costs, including, among other things, Fixed Costs and Debt Service, for the operation and maintenance of the Project, which exceed the funds available pursuant to Section 15 for any Period.

12.1.2.C. Budgeted Items. The cost of budgeted repairs, replacements, and Modifications if so agreed by all of the Parties.

12.1.3. Increase or Decrease in Reserve and Contingency Fund. From time to time, as a part of and subject to the budget process set forth in Section 18.7.2, District may, if experience reasonably indicates, increase or decrease the Initial Amount and in the event of an increase in the Initial Amount, provide for necessary additional payments by City during the next ensuing Domestic Water Year so as to increase the balance in the Reserve and Contingency Fund. In the event of a decrease in the Initial Amount, the excess balance in the Reserve and Contingency Fund shall be credited against payments due from City during the next Domestic Water Year.

12.1.4. Reserve and Contingency Fund Advances. If at any time because the Reserve and Contingency Fund is depleted or contains insufficient funds so that District must #20..
- 1072 -
FINAL - Approved by MID & Council - October 11, 2005.doc 20 advance funds which otherwise would be obtained from withdrawals from the Reserve and Contingency Fund under Section 12.1, then the aggregate amount of the advances during any Year and the amount necessary to replenish the Reserve and Contingency Fund to its established balance shall be added to the amount to be paid by City pursuant to Section 15 during the next ensuing Domestic Water Year. The amount of advances by District to the Reserve and Contingency Fund while outstanding shall bear interest at District Interest Rate. Funds received monthly by District by payments from City pursuant to this Section 12.1.4 shall be applied first to interest and then to the replenishment of the Reserve and Contingency Fund.

12.1.5. Interest on Reserve and Contingency Fund. Funds in the Reserve and Contingency Fund shall be invested by District and actual interest earned on the funds shall be credited to the Reserve and Contingency Fund.

12.1.6. Reports. District shall submit to the Technical Committee no less often than quarterly a report setting forth the current balance of the Reserve and Contingency Fund, income and expenditures from the Fund, and anticipated expenditures, if any during the remainder of the year.

12.2. Debt Service Reserve Fund. District shall establish and maintain a Debt Service Reserve Fund. There shall be deposited into the Debt Service Reserve Fund from the Fixed Financing, an amount equal to the Maximum Annual Debt Service. The Debt Service Reserve Fund shall be held by the Trustee. If the First Expansion Facilities proceed to Financing, then the amount of the Debt Service Reserve Fund under this section shall be increased by an amount equal to the Maximum Annual Debt Service for the Fixed Financing of the First Expansion Facilities. In the alternative, District may establish and maintain under this section a second, separate Debt Service Reserve Fund in this amount for the First Expansion Facilities.

12.2.1. Withdrawals From Debt Service Reserve Fund and Replenishment of Debt Service Reserve Fund. Withdrawals from the Debt Service Reserve Fund shall only be made for the purpose of making current payments of Debt Service obligations. If any such withdrawal is made from the Debt Service Reserve Fund, due at any time that funds available under the provisions of Section 15 and/or Section 12.1 are insufficient to meet current Debt Service Reserve Fund, City shall pay pursuant to Section 14.1 and Section 15.1 that amount necessary to replenish the amount on deposit in the Debt Service Reserve Fund to an amount #20..
- 1073 -
FINAL - Approved by MID & Council - October 11, 2005.doc 21 equal to the Maximum Annual Debt Service no later than one year following such withdrawal from the Debt Service Reserve Fund.

12.2.2. Interest On Debt Service Reserve Fund. Funds in the Debt Service Reserve Fund held by the Trustee shall be invested by District and actual interest earned on the funds shall be credited annually as a part of each Year’s budget to sums otherwise due from City pursuant to Section 15 after deducting from interest earnings any amounts whichmust by law be paid to the United States. It is anticipated that the Debt Service Reserve Fund will be invested in an investment vehicle such as Guaranteed Investment Contingent Fund or a state and local government securities fund.

12.2.3. Final Disposition. The balance on hand in the Debt Service Reserve Fund shall be applied to the final payment or payments of Debt Service.

12.2.4. No Duplication. To the extent the Financing documents provide for a Debt Service Reserve Fund, the provisions of the Financing documents shall prevail. In the event that any reserve requirements set forth in any Financing documents duplicate or parallel the requirements of this Section 12.2, it is agreed that in no event shall contributions to the Debt Service Reserve Fund and any similar fund exceed an aggregate amount equal to the Maximum Annual Debt Service.

13. FINANCING AND TAKE OR PAY PROVISION.

13.1 District to Arrange Financing, Take or Pay Provision, Excuse from Take or Pay.

District, subject to Section 18.5, shall use its best efforts to arrange Financing for the construction of the First Expansion Facilities using bonds or other evidences of indebtedness or certificates of participation, which shall be secured in part by the provisions of this Agreement.

City shall pay the Fixed Costs and Debt Service of the Project whether or not the Project or any part of it is operating or operable or its output or capability is suspended, interrupted, interfered with, reduced or curtailed, or terminated in whole or in part except as excused below. The payments of Fixed Costs and Debt Service shall not be subject to reduction whether by offset, counterclaim, recoupment, or otherwise and shall not be conditioned upon the performance or nonperformance by either Party to any agreement or for any other cause or reason whatsoever. The “take or pay” obligation of City with respect to Debt Service shall commence at the time that Debt Service payments actually commence under the applicable Financing. The “take or pay” obligation of City with respect to Fixed Costs shall commence at #20..
- 1074 -
FINAL - Approved by MID & Council - October 11, 2005.doc 22 the time of the commencement of the Commercial Operation Phase, which shall occur at the end of the Test Period. City shall not be required to pay Debt Service or Fixed Costs if any of the following specific conditions shall occur:

13.1.1. Excuse, 50 Percent of Contracted Water Not Delivered. District for any reason other than Drought shall fail to deliver at least 50% of the Treated Water that City is scheduled to receive for any Domestic Water Year (as determined pursuant to sections 17.1 and

17.2 of the Agreement) for a Period in excess of 18 consecutive months. For purposes of this provision, the particular Domestic Water Year shall be that year in effect at the beginning of the 18-month term.

13.1.2. Excuse, 50 Percent of Water Supply. 50 percent or more of District’s total annual water supply, as adjusted as provided in Section 17.2 shall be lost or unavailable for physical reasons beyond District’s best efforts to control, other than Drought, for a Period in excess of 24 consecutive months.

13.1.3. Excuse, 80 Percent of Water Treatment Plant Destroyed. 80 percent or more of the water treatment plant, which is a part of the Project, shall be destroyed or disabled for a period in excess of 24 consecutive months.

13.2. New Period of Excuse. A new 18 month, and if applicable, 24 month Period, shall not commence for the purpose of Section 13.1 until a consecutive 12 month Period, during which at least 75 percent of the Treated Water which City is to receive pursuant to Sections 17.1 and 17.2 of this Agreement has been delivered, has passed.

14. PAYMENT FOR WATER BY CITY.

In exchange for District agreeing to make available to City Treated Water in the manner set forth in this Agreement, City shall pay each Domestic Water Year in equal monthly installments the sum of the items set forth below. The sum shall be calculated and paid to District as set forth in Section 15 regardless of the amount of Treated Water actually delivered to City, or, subject to the exceptions found in Section 13.1, whether any Treated Water is delivered. The sum to be paid shall be comprised of the following:

14.1. Debt Service. Debt Service, so long as there is outstanding indebtedness incurred by District in connection with the Project, plus the amounts, if any, necessary to replenish the Debt Service Reserve Fund pursuant to Section 12.2.1.
#20..
- 1075 -
FINAL - Approved by MID & Council - October 11, 2005.doc 23

14.2. Raw Water Charge. District shall charge City for Raw Water at the same rate as District charges for water furnished by District to its agricultural water users. The Raw Water Charge shall be charged only for water actually delivered to the Water Treatment Plant. In setting the rates for Raw Water, District shall be guided by the following principles:
(i) The economy of District is, to a great extent, dependent upon fair, reasonable, and economical irrigation water rates, and District, in setting such irrigation water rates shall be mindful of the impact that increases in water rates would have on agriculture and the economy of District.
(ii) District shall not derive a profit from its Raw Water diverted to the Project.
(iii) City shall be fully advised through the budget process set forth in Section 18.7 of the proposed water rates to be set by District. (iv) The rates established for Raw Water and water furnished to District’s agricultural water users shall be adopted by the Board only after a public hearing for which at least ten days’ notice has been given in writing to City.
(v) Water rates shall be fair, reasonable, and economical as to both District’s agricultural water users, and to City.

In order to observe the foregoing principles, it will be necessary to convert the agricultural water users supply to acre feet and the agricultural water users charge to a “per acre foot charge.” The cost of Raw Water shall then be calculated as follows:

14.2.1. Agricultural Allocation in Acre Feet. District provides a water supply to its agricultural water users during each irrigation season. In some seasons, it is possible to allow irrigation water to each agricultural water user to the extent of demand. In other seasons it is found necessary by the Board to allocate, that is to reduce, the amount of water available to agricultural water users. When allocation is necessary it is the practice of the Board to announce, usually in March or April, the allocation for the season allowing a certain number of inches of water for the season for each agricultural acre to which agricultural water is provided. For the purposes of this Agreement, if no allocation of agricultural water is announced for any agricultural season, then the allocation for that season shall be presumed to be 42 inches. The #20..
- 1076 -
FINAL - Approved by MID & Council - October 11, 2005.doc 24 allocation for agricultural water for each irrigation season shall be converted to acre feet by taking the number of inches of water allocated and dividing by 12. In some Years the Board may provide for an allocation on an optional basis. For example, the Board may provide for a base supply of 33 inches of water for each agricultural acre at a charge of $7.50 per acre with an option of up to another 12 inches for $7.50 per acre with a limited option in certain cases for additional water at $15.00 per acre-foot. Under such an allocation, a maximum allocation of 42 inches would be assumed and the allocation of 42 inches would be divided by 12 to obtain acrefeet.

14.2.2. Acre Foot Charge. Presently, District charges for water furnished to agricultural water users on a per acre basis; Raw Water furnished pursuant to this Agreement shall be charged on a per acre foot basis. Accordingly, the per acre charge for agricultural water set for each irrigation season by District shall then be divided by the number of acre feet derived pursuant to Section 14.2.1 and the result shall be the charge for each acre foot of Raw Water supplied to the Project for that irrigation season. In the event of an allocation similar to the example, as described in Section 14.2.1, the first 33 inches would be divided by 12 and the quotient would be divided into $7.50. The remaining nine inches of the total of 42 inches would be divided by 12 and would be charged at the rate of $7.50 per acre-foot.

14.2.3. Irrigation Season not Concurrent with Year. Each irrigation season, depending upon need, commences at some time after the beginning of each Year. Thus, two Raw Water rates may be applicable for portions of each Year; the actual Raw Water charges for each Year shall be calculated accordingly.

14.2.4. Raw Water Charge not Applicable. Treated Water delivered in exchange for groundwater delivered to District irriga tion canals pursuant to Section 9.8 shall be subject to the same costs as all other Treated Water except there shall be no charge for Raw Water provided for in this Section 14.2.

14.2.5. Change in Method for Charging for Agricultural Water. In the event that District adopts a new method of charging for, or allocating, agricultural water, the Parties shall agree upon a new method of calculating the Raw Water charge devised so that the Project shall bear the same cost per acre foot as is borne by the agricultural water users of District.

14.2.6. Measurement of Raw Water. Raw Water shall be measured at its point of entry into the MRWTP.
#20..
- 1077 -
FINAL - Approved by MID & Council - October 11, 2005.doc 25

14.3. Operation and Maintenance Costs. The actual operation, maintenance, repair, replacement, and Modification costs directly attributable to the operation of the Project for the Year, less sums drawn against the Reserve and Contingency Fund pursuant to Section 12.1.2, except any sum drawn against the Reserve and Contingency Fund for Debt Service. It is agreed that no item for depreciation shall be included in the sums calculated and paid pursuant to this Section 14 and Section 15.

14.4. Administrative Services. An amount equal to the reasonable actual cost of administrative services fairly attributable to the operation of the Project and the administration of this Agreement including, but not limited to, legal, accounting, and consulting engineering services, and the actual cost of paying agents or other services which District requires in processing and making payments to the holders of indebtedness incurred by District in connection with the Project.

14.5. Insurance. The actual cost of all insurance required by this Agreement to be maintained by District.

14.6. Electric Energy. The cost of electric energy provided to the Project. Electric energy will be provided by District. District shall charge the Project, from time to time, consistent with District policy as to use and applicable rate structure and cost the same as would be charged to District itself.

14.7. Other Payments and Costs and Deductions From Payments and Costs. The amount of payments or costs and deductions from payments or costs specified by Sections

12.1.1, 12.1.3, 12.1.4, and 12.2.2, and 16.3.2.

14.8. Payments by City to District for Raw Water Only. To assist District in planning its budget, City will pay District on an annual Domestic Water Year basis in accordance with the following:

1. City shall estimate and provide its estimate to District no later than thirty (30) days prior to the commencement of each Domestic Water Year, its anticipated usage of Treated Water.

2. District shall multiply the raw water charge determined in accordance with Section 14.2, above, by City’s estimate to obtain a total estimated annual Raw Water Charge to City for budget planning purposes.
#20..
- 1078 -
FINAL - Approved by MID & Council - October 11, 2005.doc 26

3. At the end of each Domestic Water Year, District shall calculate City’s actual total Raw Water Charge in accordance with Section 14.2 of this Agreement, based on actual Raw Water used and use this cost for calculation of City’s payments pursuant to Sections 15.3 and 15.4.

14.9. First Expansion Facilities. Upon completion of the First Expansion Facilities (as evidenced by the Commercial Operation Date), the application of the billing and payment provisions in this section shall be modified to provide for billing and payment to include the operation and maintenance of the First Expansion Facilities.

15. TIME AND MANNER OF PAYMENT BY CITY TO DISTRICT.

15.1. Monthly Payments. Payment of the total sum due for each Year pursuant to Section 14 shall be as set forth in this Section 15. Each monthly payment to be made pursuant to this Section 15 shall be made on the first day of each month.

15.2. Proration. Any payment made pursuant to this Agreement which covers less than a full month or which covers less than a Year shall be prorated accordingly.

15.3. Calculation of Monthly Payments. Prior to December 31 of each Year, District shall prepare and adopt a budget for the forthcoming Year pursuant to section 18.7 of this Agreement. The budget shall include all of the items listed in section 14. The budget for a Year shall determine and set forth a monthly payment amount to be made by City which shall be the net amount of budgeted expenses for the Year, less any refunds or credits allowed to District in connection with the Project pursuant to the Agreement, divided by 12. Each Year, the new monthly payment calculated as provided in this section 15.3 shall take effect at the beginning of the next ensuing Domestic Water Year (i.e., the new monthly payment for a Year shall take effect on May 1 of that Year). Regarding the First Expansion Facilities, (a) the budget and City payments shall be increased to include Debt Service for the First Expansion Facilities Financing for the Year in which the Debt Service payments for such Financing become due, and (b) the budget and City payments shall be increased to include the other expense items for the First Expansion Facilities listed in section 14 after the Commercial Operation Date for the First Expansion Facilities.

At the conclusion of each Year, District shall prepare an accounting of the actual expenses for the Year as compared with the Year’s budget and City payments for the Year, and determine whether City made overpayments or underpayments for the Year based on the actual #20..
- 1079 -
FINAL - Approved by MID & Council - October 11, 2005.doc 27 City payments compared to actual expenses. City shall pay the amount of any underpayment for a Year in a lump sum payment to District. District shall pay the amount of any overpayment for the Year in a lump sum payment to City. The amount of any such overpayment or underpayment shall be reflected in the first invoice for the Domestic Water Year immediately following the completion of the accounting, and shall be due and payable at the time payment of such invoice is due and payable.

15.4 Late Payments. Any amounts owed by one Party to the other Party under this Agreement that is not paid in full when due shall thereafter bear interest at the rate of 1% per month of the unpaid balance, or at the maximum lawful rate, whichever is less.

16. GENERAL PAYMENT PROVISIONS.

16.1. Percentages. [Not Used].

16.2. Records. District shall (i) keep and maintain and provide to City detailed cost accounting reports documenting the Project costs, (ii) keep and maintain separate accounting and bookkeeping records with a separate account and fund for the Project, and (iii) allow City and its employees, accountants, attorneys and agents to review, inspect, copy and audit the accounting and bookkeeping records of District, including all source documents. District shall have the right to review, inspect, copy, and audit all accounting and bookkeeping records of City, including all source documents, as may pertain to the receipt, delivery, and sale of water received from the Project.

16.3. Security for Payment, Rate Covenant by City. Prior to obtaining the Financing for the First Expansion Facilities as set forth in Section 13.1, District shall be entitled to the assurances it may reasonably deem necessary, and be entitled to the financial information as may be necessary, to ascertain that City is in the financial condition as will allow it to fulfill its financial commitments to the First Expansion Facilities.

16.3.1. [Not Used]

16.3.2. Security from City. City's security obligation pursuant to this Section

16.3 shall be satisfied by the following rate covenant and pledge of City Gross Water Revenues which shall be effective and binding upon City upon the execution of this Agreement by the Parties:

16.3.2.A. Rates and Charges. City shall fix, prescribe, and collect water rates and charges which shall be at least sufficient to yield City Gross Water Revenues during #20..
- 1080 -
FINAL - Approved by MID & Council - October 11, 2005.doc 28 each fiscal year of City in an amount equal to: (i) the payment obligations of City under this Agreement during the fiscal year other than Debt Service; (ii) City maintenance and operations costs to the extent not included in clause (i) above; plus (iii) one hundred twenty-five percent (125%) of the Debt Service to be paid during the fiscal year.

16.3.2.B. Pledge. All City Gross Water Revenue and all money on deposit in the funds established by this Agreement are hereby irrevocably pledged to the punctual payment of the interest on and principal of and redemption premiums if anyone the obligations evidencing the Financing and all obligations of City under any Parity Debt. This pledge shall constitute a lien on and security interest in City Gross Water Revenues and funds established by this Agreement and shall attach, be perfected, and be valid and binding fromand after the consummation of the Financing or the issuance of Parity Debt, without any physical delivery thereof or further act. IfCity gives any additional collateral to secure the payment of the Financing, City agrees that such collateral shall also secure all obligations of City under any Parity Debt on a pari passu basis.

16.3.2.C. Similar Covenant. City hereby covenants and agrees that it shall require a covenant substantially similar to clauses (i), (ii), and (iii) of Section 16.3.2.A with respect to all Parity Debt.

16.3.2.D. Parity Debt. In addition to its obligations hereunder, City may issue or incur Parity Debt in such principal amount as shall be determined by City in accordance with Section 16.3.2.C.

16.3.2.E. Subordinated Debt. In addition to its obligations hereunder, City may issue or incur loans, bonds, notes, advances or indebtedness payable from City Gross Water Revenues on a junior and subordinated basis with its obligations hereunder in such principal amount as shall be determined by City.

16.3.2.F. Amendment To Obtain Financing. This Section 16.3.2 may be amended from time to time by the Parties to the extent necessary to obtain the Financing as set forth in Section 13.1 and, after the Financing is obtained and so long as it remains unpaid, may only be amended in accordance with the terms and conditions of the legal documents for the Financing.

16.3.2.G. Alternative Security. City may be relieved from its obligation to perform any of the covenants set forth in this Section 16.3.2 by providing to District for #20..
- 1081 -
FINAL - Approved by MID & Council - October 11, 2005.doc 29 deposit with Trustee a policy of municipal bond insurance, irrevocable letter of credit, surety bond or similar credit facility assuring payment of Debt Service due and payable by City pursuant to this Agreement, and which is acceptable to District and Trustee in accordance with the terms and conditions of the Financing.

17. DELIVERY OF WATER.

17.1. Water Supply to City. Subject to Sections 4.41 and 17.2, District shall make available to City an amount of Treated Water equal to 30 million gallons per day. District shall consult with City on a regular basis during the Commercial Operation Phase to determine the schedule of deliveries, and, consistent with the terms of this Agreement, District shall use its best efforts to meet the requirements of City. Notwithstanding any other provision of this Agreement, in a Drought situation the delivery of surface water by District for agricultural uses to its agricultural customers and for municipal uses to City shall be reduced in equal proportions in accordance with the formula in Section 17.2.

Upon completion of the First Expansion Facilities (as evidenced by the Commercial Operation Date), the Treated Water quantities as set forth in sections 17.1 to 17.7 shall be changed from 33,602.1 acre-feet per year and 30 million gallons per day to 67,204.2 acre-feet per year and 60 million gallons per day.

District promises and agrees to treat District’s agricultural customers and City on a parity basis. If District is required to reduce deliveries, it will cut back its deliveries to its agricultural customers and to City in equal proportions. In keeping with the foregoing, District agrees that its commitments to its agricultural customers and to City shall be met before any subsequent water transfers for delivery of water outside District’s boundaries. It must be understood, however, that “transfers” between District and Turlock Irrigation District made in the ordinary course of operations are not included in the foregoing, as District and Turlock Irrigation District regularly deliver water to each other in the interest of maximizing beneficial use of their water rights and facilities.

17.2. Formula for Water Allocation. During each Domestic Water Year, District shall make available to City 33,602.1 acre feet of Treated Water provided that the allocation of City shall be reduced in any Domestic Water Year that the following calculation results in a sum less than 33,602.1 acre feet:
(Y/42) x 33,602.1 = X
#20..
- 1082 -
FINAL - Approved by MID & Council - October 11, 2005.doc 30 "Y" shall be the actual number of inches of water allocated by the Board to agricultural water users for the subject irrigation season commencing immediately prior to each Domestic Water Year. In the event a portion of the water allocation is optional as in 1991 as described in Section 14.2.1 and the fixed and optional amounts equal or exceed 42 inches, then City shall be assumed to have exercised the available option up to a total of 42 inches for the purposes of the above calculation. If no allocation is made for any irrigation season, the allocation shall be presumed to be 42 inches. The actual maximum Treated Water allocation of City for the subject Domestic Water Year shall be 33,602.1 acre feet of Treated Water or the amount calculated as "X" in the above formula, whichever is less. It is anticipated that from time to time District may modify its current agricultural water allocation. When District makes changes in its agricultural water allocation that result in the above allocation formula no longer ensuring that reductions or increases in available water are in equal proportions as between District's agricultural customers and City, subject to the limitation of 33,602.1 acre feet of Treated Water, the Parties shall meet and confer and agree upon necessary changes in the above allocation formula so as to ensure that reductions and increases in available water are in equal proportions as between District's agricultural customers and City.

Except as provided in Section 17.3, in no event shall District be required to make available to City, more than 33,602.1 acre feet of Treated Water for First Expansion Facilities during any Domestic Water Year. If the applicable formula during any Domestic Water Year provides for an annual allocation of less than 33,602.1 acre feet, there shall be no suspension in the payment obligations of City, set forth in Section 14, regardless of the length of the Period during which deliveries of Treated Water shall be less than 33,602.1 acre feet for each Domestic Water Year. Nothing contained in this Section 17.2 shall be deemed to modify in any way District's right to suspend, curtail, or reduce water deliveries as provided in Section 9.9 and in this Section 17.2. Nothing in this Agreement shall be construed to require District to curtail deliveries of water during any Period.

17.3. Treated Water Delivery Schedule. The parties acknowledge that City’s water needs vary throughout the Domestic Water Year with high peak day demands in summer and lower demands in winter. City shall have the right to specify, on a daily basis, its water delivery requirement for the following day (or longer period of time as agreed between the parties) and #20..
- 1083 -
FINAL - Approved by MID & Council - October 11, 2005.doc 31 District shall be obliged, subject to its engineering, operating, maintenance, regulatory, safety and other practical requirements, to make a good faith effort to meet the daily (or longer period) demands specified by City.

17.4. Adjustment of Curtailment. In the event that a severe and prolonged drought threatens the ability of City to deliver adequate drinking water to its customers despite its efforts to impose rationing and to utilize all water resources available to it, the Parties shall meet and confer to determine whether, and upon what terms, water allocations other than those provided for in this Agreement could be implemented which would alleviate hardships to the customers of City without unduly or disproportionately injuring agriculture. In the event that water deliveries during a Domestic Water Year must be curtailed pursuant to Section 17.2, for the reasons set forth in the preceding sentence or for any other reason, the Parties shall meet and confer for the purpose of reaching an agreement as to an alternative curtailment formula or water allocation basis which more equitably and more fairly meets the then current needs of the agricultural and municipal water users within District's boundaries. The Parties shall also endeavor to reach agreement upon other terms and conditions necessary to implement an agreement. The duration of an adjustment agreement shall be specified in the agreement. In the event that no agreement can be reached, the deliveries shall be curtailed in accordance with the formula set forth in Section 17.2 of this Agreement.

17.5. Exchange for Groundwater. During a Domestic Water Year in which City’s allocation is reduced below 33,602.1 acre feet of Treated Water, City shall continue to have the option to deliver groundwater to the irrigation canal system in exchange for additional surface water as provided by Section 9.8.

17.6. Water to Remain in District's Irrigation District Boundary. No Treated Water delivered by District to City, not offset by City groundwater and City water supplies other than the Treated Water within District’s Irrigation Boundary, shall be allowed to flow outside District's Irrigation District Boundary. In order to demonstrate and ensure compliance with this Section 17.6, City shall install and maintain meters to monitor flow and usage at appropriate locations on its water delivery systems to determine (i) the amount of all Other City Water delivered to the Service Area, and (ii) the amount of all water (whether Treated Water or Other City Water) transported outside District's Irrigation District Boundary. City shall monitor these records to ensure that the amount recorded under (i) is at all times greater than or equal to the #20..
- 1084 -
FINAL - Approved by MID & Council - October 11, 2005.doc 32 amount recorded under (ii). City shall maintain records as to the items set forth above in this Section 17.6 which records shall be open to reasonable inspection by District, and its officers, directors, officials, employees, agents, and volunteers. A monthly summary of the applicable records shall be provided to District by City .

17.7. Conjunctive Use. It is understood by the Parties that from time to time water allocations for a Domestic Water Year to City may be reduced below 33,602.1 acre feet by the application of the formula set forth in Section 17.2. Accordingly, City shall exert its best efforts to maintain, in its judgment, reasonable groundwater pumping capacity to meet the needs of its Service Area during times of reduced surface water allocations. City’s obligation to maintain reasonable groundwater pumping capacity shall be subject to the constraints of the groundwater basin underlying City as described in the Urban Water Management Plan and other City records, and City’s obligation shall be subject to what is feasible and cost-effective.

18. PROJECT MANAGEMENT.

18.1. District's Board of Directors.

18.1.1. Final Decisions. Subject to the Approvals set forth in Section 18.3 and Section 18.5 and subject to the review set forth in Section 18.5 and Section 18.6, the Board shall be the final decision making authority with regard to the Project. The Board shall consider the recommendations of the Project Manager. All Board decisions shall be made at duly noticed regular meetings or special meetings.

18.1.2. Project Manager. The Board shall appoint a Project Manager, who shall perform those duties set forth in Section 18.2.

18.2. Duties of Project Manager.

18.2.1. Implementation of this Agreement. The responsibility for implementing and administering this Agreement and for carrying out the tasks necessary for the successful completion of each of the Phases of the First Expansion Facilities shall be vested in the Project Manager.

18.2.2. Notice to Advisory Committees. The Project Manager, in the course of fulfilling his responsibilities, shall provide the Advisory Committees reasonable advance notice of impending major decisions as defined in Section 18.6.1.C.

18.2.3. Specific Duties. The Project Manager shall have the following powers, duties, and responsibilities:
#20..
- 1085 -
FINAL - Approved by MID & Council - October 11, 2005.doc 33

18.2.3.A. Work Plans. Developing a work plan for each Phase of the Project.

18.2.3.B. Progress Reports. Submitting periodic progress reports to the Parties and to the Board.

18.2.3.C. Administering Contracts. Administering this Agreement and any contracts as are entered into pursuant to this Agreement.

18.2.3.D. Public Information. Serving as public information officer for the Project.

18.2.3.E. Recommending Consultants. Recommending the hiring or utilization of consultants, engineers, contractors, attorneys, underwriters, and other services necessary to carry out the Project.

18.2.3.F. Financial Report. Preparing an annual financ ial report within three months of the end of each Year of the operation of the Project for review by the Advisory Committees. The annual financial report shall include the amount of water delivered by District to its agricultural customers and to City during the preceding Year. To the extent permitted by data available at the time of preparation of the report, the report shall also include estimates of the amount of water which will be available during the current Year for delivery to the agricultural water users of District and to City. In the event that during the Year changed water conditions modify the projections of the availability of water to District's customers, the Project Manager shall promptly notify the Advisory Committees.

18.2.3.G. Emergency Plans. Developing emergency plans for dealing with reasonably anticipated events of force majeure so as to minimize, to the extent practical, the interruption or curtailment of the operation of the Project and, to the extent practical, ensure the continued delivery of Treated Water to City.

18.2.3.H. Other Duties. Other duties as are necessary and proper to carry out the Project.

18.3. City Approval of First Expansion Facilities Milestones. Since City will be paying virtually all costs associated with design, construction, operation, maintenance, repair, reconstruction, and Modifications of and to the First Expansion Facilities, the Parties agree and consent that City shall have the authority to approve or disapprove major First Expansion Facilities milestones as follows:
#20..
- 1086 -
FINAL - Approved by MID & Council - October 11, 2005.doc 34

18.3.1. Engineering Services. Prior to District's approval of any engineering services contract concerning the design and engineering of the First Expansion Facilities, City shall review the contract or contracts and each shall provide District with written authorization to proceed.

18.3.2. Review of Preliminary Design. Prior to proceeding with the final Design Phase under an engineering services contract, City shall review the preliminary design plans and preliminary cost estimate and each shall provide District with its written authorization to proceed.

18.3.3. Acceptance of Final Design. Prior to accepting the final design work, including construction ready final plans and specifications and final cost estimate, City shall review the final design work and cost estimate and shall provide District with its written authorization to proceed.

18.3.4. Construction Contracts. Prior to District's approval of a construction contract or contracts for the construction of the First Expansion Facilities, City shall review the construction contract documents and shall provide District with its written authorization to proceed.

18.4. Processing Milestone Approvals. City shall act promptly in giving or refusing to give any of the written authorizations to proceed as set forth above. The written authorizations to proceed to be given by City shall not be unreasonably withheld. If City fails to provide its written authorization to proceed, or written refusal of authorization, within 45 days from the date of the written request for authorization from District, then City shall be deemed to have authorized District to proceed with the milestone in question. If City refuses to authorize any of the foregoing Project milestones, it shall set forth in writing its reason or reasons for the refusal and shall timely provide the writing to the other Party. Thereafter either (i) District shall work to address and resolve City’s concerns and then re-request the written authorization to proceed for the particular Project milestone, or (ii) either Party may terminate the First Expansion Facilities pursuant to Section 22.2.

18.5. Project Financing Approvals. Prior to issuing bonds or other evidences of indebtedness or certificates of participation for the purpose of Financing the First Expansion Facilities, District shall give written notice to City that the time to commence Financing has arrived. Within 30 days of the notice, the Finance Committee shall meet and confer at least once #20..
- 1087 -
FINAL - Approved by MID & Council - October 11, 2005.doc 35 and within 60 days of the notice City shall advise District in writing as to whether Fixed Financing or Variable Financing shall be used. If City advises in writing that Fixed Financing is to be used or fail to give their written advice within 60 days of the notice, the Fixed Financing shall be used.

18.5.1. Fixed Financing. If Fixed Financing is to be used, District shall give written notice to City that Fixed Financing is to be used and shall request that City give to District a not-to-exceed TIC within 30 days of the notice and request. Within 15 days of the notice and request by District, the Finance Committee shall meet at least once. Upon receipt of a not-to-exceed TIC from City, District shall thereafter be responsible for marketing the Financing subject to the not-to-exceed TIC approved by City. The members of the Finance Committee shall be present at the time and place of marketing and they and their financial advisers shall consult with the persons responsible for the marketing for District and the terms and conditions of the Financing, but all final decisions shall be made by District, provided that the TIC of the issue is (i) the lowest then available, and (ii) at or below the not-to-exceed TIC approved by City. In the event City fails to approve a not-to-exceed TIC within 30 days of the notice from District that Fixed Financing is to be used, then the Parties shall seek to reach agreement as to a not-to-exceed TIC or either Party may terminate the First Expansion Facilities pursuant to Section 22.2. It is understood that bond insurance shall be used with Fixed Financing if, when the cost of bond insurance premiums is included in Debt Service, the result is the lowest Fixed Financing alternative available at the time of Fixed Financing.

18.5.2. Variable Financing. Variable Financing shall be used only during the Construction Phase, except as otherwise provided herein. If City agrees that Variable Financing should be undertaken, District shall issue Variable Financing for the duration of the Construction Phase. No later than 60 days after the Commercial Operation Date, the Variable Financing shall be replaced entirely by Fixed Financing unless the Parties unanimously agree to the contrary. It is understood that Variable Financing may require the use of a letter of credit and, if that is the case, the cost of the letter of credit shall be financed out of the Variable Financing.

18.5.2.A. Initial Financing. Variable Financing shall initially be issued in the maturities and at the interest rates as, in the judgment of District after consulting with the Finance Committee, provides the most cost-effective combination of maturities and interest rates. #20..
- 1088 -
FINAL - Approved by MID & Council - October 11, 2005.doc 36 Thereafter, as the securities mature, District shall be solely responsible for the remarketing of the securities until the Issuance of the Fixed Financing.

18.5.2.B. Conversion During Construction Phase. If Variable Financing is issued for the First Expansion Facilities, City may, during the Construction Phase, request that District convert the Variable Financing to Fixed Financing. The request may be conditioned upon the ability of District to secure the Fixed Financing at a TIC specified in City’s request.

18.5.2.C. Conversion Upon Commercial Operation. If no request to convert Variable Financing to Fixed Financing has been made prior to the Commercial Operation Date, District shall convert the Variable Financing to Fixed Financing on the Commercial Operation Date, or within 60 days thereafter without regard to the provisions of Section 18.5.1, provided, however, that District shall consult with the Finance Committee during the time it is converting the Variable Financing to Fixed Financing unless the Parties unanimously agree to the contrary.

18.6. Advisory Committees. In order to assist District and the Project Manager with the implementation of the Project, the following committees are formed and shall have the following duties, responsibilities, and authority:

18.6.1. Policy Committee. A Policy Committee consisting of two City Council members and two members of the Board. The Policy Committee shall meet at least twice each Year, and at other times when a meeting is called by the Project Manager. Each member of the Policy Committee shall serve at the pleasure of the Party selecting that member. The Policy Committee sha ll function during all three Phases, and shall have the following responsibilities and authority:

18.6.1.A. First Expansion Facilities Milestones. To review and make recommendations to City concerning the request for authorization to proceed with First Expansion Facilities milestones pursuant to Section 18.3. District and the Project Manager shall not request written authorization to proceed with any of the First Expansion Facilities milestones until after the Policy Committee has reviewed the proposal and made a recommendation to City.

18.6.1.B. Budget Functions. To perform the functions with respect to District budget for the Project as set forth in Section 18.7. All expenditures of District concerning the Project shall be consistent with the approved budget. #20..
- 1089 -
FINAL - Approved by MID & Council - October 11, 2005.doc 37

18.6.1.C. Major Decisions and Design Changes (In Excess of $100,000).

To review and advise District and the Project Manager concerning major decisions or changes in the Project or design of the First Expansion Facilities. A major decision shall be defined as any contract, change order, purchase, change in policy, or any other action with an estimated cost in excess of $100,000. A major change in the design of the First Expansion Facilities shall be defined as any change involving an estimated increase or decrease in the cost of the First Expansion Facilities in excess of $100,000. A major decision shall not include any budgeted expenditure in a budget that has been approved pursuant to Section 18.7.

18.6.2. Technical Committee. A Technical Committee, consisting of one staff person appointed by each Party, and one alternate member as each Party deems necessary. Each member of the Technical Committee shall serve at the pleasure of the Party selecting that member. The Technical Committee shall meet at least once each month, and at all other times as requested by the Project Manager. During the Construction Phase of the Project, the Technical Committee shall meet once a month. If additional meetings are required, any of the parties, with five days prior notice, may schedule a Technical Committee meeting. The Technical Committee shall function during all three Phases of the Project, and shall have the following responsibilities and authority:

18.6.2.A. Consultation With Project Manager. To advise and consult with the Project Manager and District, to exchange information, and to make any necessary recommendations relating to the Project design, construction, operation, and maintenance. The Project Manager shall, from time to time, inform the Technical Committee of any material event, incident, occurrence, or condition that the Project Manager anticipates may impair District’s ability to perform its obligations under this Agreement, including, but not limited to, labor disputes and threatened or pending litigation.

18.6.2.B. Recommendations to Policy Committee. To review and make recommendations to the Policy Committee for all matters within the scope of authority and responsibility of the Policy Committee.

18.6.2.C. Advice Relative to Minor Decisions ($5,000 to $100,000). To review and advise the Project Manager concerning any minor decision affecting the Project. A minor decision shall be defined as any contract, change order, purchase, change in policy, or any other action with an estimated cost between $5,000 and $100,000, and any action involving #20..
- 1090 -
FINAL - Approved by MID & Council - October 11, 2005.doc 38 changes in Treated Water quality beyond the range of normal plant operation variability. A major decision shall not include any budgeted expenditure in a budget that has been approved pursuant to Section 18.7.

18.7. Budget.

18.7.1. Budget Principles. In preparing and reviewing budgets for the Project, the Parties shall be guided by the principle that the Project shall be operated in as economic a manner as practical in accordance with generally accepted waterworks practices as evidenced by well designed and operated similar sized potable water treatment plants in Northern California.

18.7.2. Budget Process.

18.7.2.A. Preparation. For each Year during the Commercial Operation Phase, District shall prepare a budget for the Project prior to December 31 for the next ensuing Year. All Project budgets shall include both operating and capital components and shall include a monthly payment to be paid during the next ensuing Domestic Water Year in accordance with Sections 14 and 15. Upon completion of the First Expansion Facilities (as evidenced by the Commercial Operation Date), the budget shall be expanded to include the First Expansion Facilities costs and the increased Treated Water allocation of 67,204.2 acre-feet per year.

18.7.2.B. Technical Committee Review and Recommendation. Prior to completion of the first administrative draft of each Year's budget by District, the Project Manager shall meet with the Technical Committee at least once to discuss and receive input from the Committee concerning development of the budget. Prior to submission of the budget to the Policy Committee, the Technical Committee may make a recommendation with respect to the budget to the Policy Committee. Upon completion of the first administrative draft of a Year's budget and not later than September 15 of each Year, the Project Manager shall forthwith furnish it to the members of the Technical Committee. Within 15 days of receipt of the draft budget, the Technical Committee members may individually or collectively submit to the Project Manager their recommendations and/or comments regarding draft budget. The documents shall not be mailed to City as provided in Section l8.7.2.C until after the expiration of this 15 day Period.

18.7.2.C. Information to City. At least 10 days before the mailing of the annual budget to City as provided in this Section 18.7.2.C, the Project Manager shall mail copies of the budget to the Technical Committee and during the 10 day Period the Project Manager shall arrange at least one meeting of the Technical Committee for review of the budget. After the #20..
- 1091 -
FINAL - Approved by MID & Council - October 11, 2005.doc 39 expiration of the above 10 day Period and at least 20 days before the submission of each annual budget to District Board, the Project Manager shall mail to City copies of the proposed budget for the ensuing Year and a detailed calculation of the proposed monthly payment obligations of City for the ensuing Domestic Water Year calculated pursuant to Section 15.3 of this Agreement.

Commencing after the first Year of operation, the Project Manager shall also at the same time mail copies of the most recent update of the current Year’s expenditures and revenues, and the balance sheet and income statement for the most recent Year, if available.

18.7.2.D. Policy Committee Review. Approximately 10 days before the submission of the budget to District Board, the Policy Committee shall meet to review and discuss the proposed budget for the ensuing Year. District staff at this meeting shall explain and justify the need for all of the various budget items and proposed expenditures. At this meeting, the Parties shall strive to agree upon a budget for the ensuing Year.

18.7.2.E. Consideration of Budget by Policy Committee. The budget shall be deemed approved by the Policy Committee unless, at the meeting, the Committee by an affirmative vote of at least two members of the Committee objects to one or more of the budget items. If the Policy Committee objects to one or more budget items, the Committee members objecting shall specify the item or items of the budget which are objectionable, and why the item or items are objectionable.

18.7.2.F. Revision of Budget, Alternate Budget and Report. If one or more budget items are objected to by the Policy Committee, District shall either (i) revise the budget at the Policy Committee meeting so that it is acceptable to at least three members of the Policy Committee, (ii) continue the Policy Committee meeting and thereafter consider the objections raised at the meeting and prepare a revised budget for consideration by the Policy Committee at a subsequent meeting, or (iii) District may determine to submit the budget to District Board over the objections of the Policy Committee. In the latter event, District shall give written notice to the Policy Committee, and the Policy Committee may, within 10 days after receipt of this notice, submit an alternative to the objectionable budget item or items to District Board to be considered along with the budget submitted by District. The alternative budget item or items shall be accompanied report as to the reasons the alternate budget should be adopted in place of the budget submitted by District.
#20..
- 1092 -
FINAL - Approved by MID & Council - October 11, 2005.doc 40

18.7.3 Public Hearing. The annual budget for the Project shall be adopted by the Board only after a public hearing for which ten days' notice has been given by publication in a newspaper of general circulation published and circulated within District. The period of notice commences on the first day of publication and terminates on the 10th day following, including the day of publication.

18.7.4. Appearance at Hearing. The foregoing provisions on review concerning the budget are not intended to, and shall not, preclude City, and its officers, , officials, employees, agents, and volunteers, from appearing before District Board regarding the proposed budget.

18.7.5. Increase. If, during the course of any Year, District proposes to make any budget increase, then the provisions of Sections 18.7.1 through 18.7.2.F concerning review of budgets shall apply to the budget increase.

19. LIABILITY AND INSURANCE.

19.1. Insurance, General. During all Phases of the Project, District shall procure and maintain Project Insurance, including coverage for the construction, operation, and maintenance of the Project, and all operation and activities concerning all Phases of the Project. Such Project insurance coverage shall be primary insurance coverage for all claims related to this Project and City shall be named as an additional insured. Any insurance or self insurance maintained by City, District or their respective directors, officers, officials, employees, agents or volunteers shall be excess of the Project insurance and shall not contribute with it.

19.1.1. Project General Liability. Project General Liability insurance in an amount not less than $1,000,000 per occurrence, combined single limit for bodily injury and property damage, $3,000,000 aggregate.

19.1.2. Commercial Automobile Liability Insurance. Commercial Automobile Liability insurance including, as applicable, owned, non-owned and hired automobiles, in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage.

19.1.3. Umbrella or Excess Liability Insurance. Umbrella or Excess Liability insurance in an amount not less than $10,000,000 over and above the underlying limits with the Umbre1la or Excess Liability policy containing insuring agreements, exclusions and conditions of coverage substantially similar to the underlying policies. #20..
- 1093 -
FINAL - Approved by MID & Council - October 11, 2005.doc 41

19.1.4. Workers' Compensation Insurance. Workers' Compensation Insurance as required by the State of California, including employer's liability limits of not less than $1,000,000 per accident. All rights of subrogation against City, its officers, elected officials, officials, employees, and volunteers shall be waived by the insurer for losses arising from work performed by District. All costs for the waiver of subrogation shall be borne by the Project.

19.1.5 Property Insurance.

19.1.5.A. Course of Construction Insurance. District shall maintain this coverage in its insurance policy portfolio protecting the First Expansion Facilities.

19.1.5.B. Buildings and Equipment Insurance. Special form (all risks subject to approved exclusions) insurance for the Project shall be placed on a replacement cost basis, including the agreed amount or comparable endorsement, all buildings and structures comprising the Project and all fixtures, equipment, and facilities located in, on, or connected with the Project, excluding the pipeline and its associated equipment and fixtures. Such insurance shall include coverage for loss of use, loss of rents, or loss of financing payment. Loss payee under this policy mentioned in this Section 19.1.5.B shall be determined by the Financing documents.

19.1.6. Insurance Provisions. Each insurance policy required by this Agreement shall contain the following clauses:

19.1.6.A. Cancellation. This insurance shall not be cancelled, limited in scope or coverage or non-renewed until 30 days after prior written notice has been given to District and City. Upon receipt of a notice of cancellation of non-payment, District shall give City immediate notice of non-payment of any insurance policy premium required to maintain the insurance coverage required by this Agreement.

19.1.6.B. City to be Named. On all policies, City and its officers, elected officials, officials, employees, agents, and volunteers are to be covered as additional insureds as respects to claims or losses arising out of activities related to the Project. This additional insured requirement shall not apply to Workers' Compensation Insurance.

19.1.6.C. Special Limitations. No policy shall contain any special limitation as to the scope of protection afforded City or its officers, elected officials, officials, elected officials, employees, agents, and volunteers.
#20..
- 1094 -
FINAL - Approved by MID & Council - October 11, 2005.doc 42

19.1.6.D. Approval by City. The policies of insurance required by this Agreement shall be issued by an insurer, or insurers, and shall be in a form approved by City, which approval shall not be unreasonably withheld. Any deductible, and/or self insured retention must be declared to City. District and City shall meet annually to review Project insurance and, if changes are necessary, make recommendations to the Technical Committee.

19.1.7. Insurance Provision in All Contracts. In any and all contracts entered into concerning the construction, operation, or maintenance of the Project, District shall include a provision requiring that the contractor and all of its subcontractors provide insurance protection in an amount agreed by City and District.

19.2. Indemnification and Hold Harmless.

19.2.1. Indemnification by District. Except as provided in Sections 19.3 through

19.6, District shall indemnify, defend, protect, and hold harmless City, and its officers, elected officials, officials, employees, agents, and volunteers from any and all liabilities, claims, damages, losses, judgments, penalties, costs, or expenses (including attorneys' fees) arising out of or relating to the performance of the Project caused in whole or in part by any negligent act or omission of District or contractors, any subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City, its officers, officials, elected officials, employees and volunteers.

19.2.2. Cost of Litigation. Subject to the other provisions of this Agreement, the reasonable cost of the prosecution and defense of litigation and the payment of settlements or judgments in connection with litigation necessary to perform, or arising from, the construction, financing, operation, or maintenance of the Project by District shall be a cost of the Project.

19.2.3. Notification. District shall advise City in writing promptly as to any litigation the cost of which, including settlements or judgments, District proposes be a cost of the Project.

19.2.4. Objections. If City raises any objection in writing within 10 days of notification pursuant to Section 19.2.3 as to the cost of litigation being a cost of the Project, then the matter shall be subject to review by the Parties. In the event that City takes the position that the cost of particular litigation should not be an expense to be passed on to the Project or that only a portion of the cost of particular litigation should be an expense to be passed on to the #20..
- 1095 -
FINAL - Approved by MID & Council - October 11, 2005.doc 43 Project, then City Attorney, and the General Counsel of District shall meet and endeavor to reach an agreement relative to the sharing of the costs related to the particular litigation. If the attorneys are unable to promptly come to an agreement, the issue shall be submitted to the Chief Executive Officers. If the Chief Executive Officers are unable to promptly come to an agreement, the Parties shall promptly agree upon an independent attorney or retired judge to determine the matter. If the Parties cannot, within thirty (30) days of the dispute first arising, agree upon a decision relative to the dispute or an independent attorney or retired judge to determine the matter, any Party may request the American Arbitration Association to appoint an independent attorney or retired judge. For purposes of calculating the foregoing 30 day period, the dispute shall be deemed to have arisen on the day City gave notice to District of an objection pursuant to this Section 19.2.4. Upon appointment, the independent attorney or retired judge shall promptly decide the dispute based upon whether the litigation involved is necessary to perform, or arises from, the construction, financing, operation, or maintenance of the Project by District.

19.3. Third Party Claims Not Covered by Insurance; Willful. With respect to claims and lawsuits against one or more of the Parties by third parties concerning injury, death, property damage, or construction claims resulting from the construction, operation or maintenance of the Project, which claims and lawsuits are not covered by insurance, including self insurance, maintained by District pursuant to Section 19.1, and which are the result of willful misconduct, intentional tort, or gross negligence of one of the Parties, the Party whose willful misconduct, intentional tort, or gross negligence resulted in the damage claimed by the third party shall indemnify, defend, protect, and hold harmless the other Party, and its respective officers, elected officials, officials, employees, agents, and volunteers from any and all liabilities, claims, damages, losses, judgments, penalties, costs, or expenses (including attorneys' fees) resulting from a claim or lawsuit by a third party. This Section 19.3 shall not apply if the lack of insurance coverage is because of a denial of coverage based on District's failure to comply with any claim reporting requirement of any applicable insurance.

19.4. Third Party Claims Not Covered by Insurance; Ordinary. With respect to claims and lawsuits against one or more of the Parties by third parties concerning injury, death, or property damage resulting from the construction, operation or maintenance of the Project, which claims and lawsuits are not covered by insurance, including self insurance, maintained by #20..
- 1096 -
FINAL - Approved by MID & Council - October 11, 2005.doc 44 District pursuant to Section 19.l, and which are not the result of willful misconduct, intentional tort, or gross negligence of one of the Parties, District shall defend the claim or lawsuit on behalf of either or both of the Parties to this Agreement which are named in the claim or lawsuit, and District shall pay any settlement entered into by District or judgment entered against District or City. City shall reimburse District for its defense costs (including attorneys' fees and litigation expenses), settlement and judgment amounts incurred pursuant to this provision, in accordance with their respective percentage obligations to reimburse all Project costs pursuant to this Agreement, provided, however, that City shall not be obligated to pay any settlement of any Project related claim unless City approves the settlement. This Section 19.4 shall not apply if the lack of insurance coverage is because of a denial of coverage based upon District's failure to comply with any claim reporting requirement of any applicable insurance.

19.5. Claims Between Parties. With respect to claims and lawsuits by one of the Parties against the other, the claims and lawsuits shall be processed and resolved in accordance with (i) the Tort Claims Act and/or (ii) breach of contract remedies provided by this Agreement, or applicable law. Nothing in this Agreement shall relieve either Party of any contractual liability or duty imposed by this Agreement.

19.6. Workers' Compensation Claims. Each Party shall bear the costs of discharging all liability imposed, including costs and expenses for attorneys' fees and other costs of defending, settling, or otherwise administering claims arising out of workers' compensation or employers liability claims brought by its employees.

19.7. Replacement of Pro Rata Right of Contribution. The insurance, indemnification, hold harmless, and reimbursement provisions set forth above in Sections 19.1 through 19.4 are intended to and shall replace, and be applicable instead of, the pro rata right of contribution provisions of Government Code Section 895.6, to the extent that Section is applicable.

19.8. Defense by Modesto City Attorney. For any claim or lawsuit against City (whether or not also against District) which falls under Section 19.4, City may defend its own interests through its City Attorney's office; provided, however, that if District is also named in the claim or lawsuit, defense of District by the Modesto City Attorney shall only be with the consent of District, which consent shall not be unreasonably withheld. City shall bear all costs and expenses in representing its own interests pursuant to this Section 19.8. If the Modesto City Attorney represents both parties, then its costs and expenses shall be divided equally among the #20..
- 1097 -
FINAL - Approved by MID & Council - October 11, 2005.doc 45 Parties to the claim or lawsuit. If City decides not to represent its own interests pursuant to this Section 19.8 , then District shall defend the claim or lawsuit on behalf of City pursuant to Section 19.4.

20. RELATIONSHIP OF PARTIES.

Except as provided in Section 19, the covenants, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing herein contained shall ever be construed to create an association, joint venture, trust, or partnership, or to impose a trust or partnership covenant, obligation, or liability on or with regard to one or both of the Parties. Each Party shall be individually responsible for its own covenants, obligations, and liabilities pursuant to this Agreement. No Party shall be under the control of or shall be deemed to control any other Party or the Parties as a group. No Party shall be the agent of or have a right or power to bind any other Party without its express prior written consent, except as expressly provided in this Agreement.

21. GENERAL PROVISIONS GOVERNING AGREEMENT.

21.1. Severance. In the event that any of the terms, covenants or conditions of this Agreement or the application of any term, covenant or condition shall be held invalid as to any Party or circumstance by any court having jurisdiction over the Parties or subject matter of this Agreement, all other terms, covenants or conditions of this Agreement and their application shall not be affected thereby, but shall remain in force and effect unless a court holds that the provisions are not separable from all other provisions of this Agreement.

21.2 Waiver. The waiver at any time by any Party of its rights with respect to a default or other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default or matter.

21.3. Counterparts. This Agreement may be executed in counterparts.

21.4. Supporting Resolutions. Each Party represents that it has legal authority to enter into this Agreement and to perform its obligations hereunder, and shall attach to this Agreement a duly authorized resolution evidencing the authority and authorizing the person executing this Agreement to do so.

21.5. No Rights in Other Parties. This Agreement is for the sole benefit of the Parties and shall not be construed as granting rights to any person other than the Parties or, except as #20..
- 1098 -
FINAL - Approved by MID & Council - October 11, 2005.doc 46 specifically set forth in this Agreement, imputing to any person the obligations imposed on a Party.

21.6. Amendment. This Agreement may be amended only by a written instrument duly executed by both of the Parties hereto.

21.7. Obligations Prior to Termination. The obligations of the Parties incurred pursuant to this Agreement prior to Termination of this Agreement shall survive the Termination.

21.8. Captions. The captions and the headings in this Agreement are inserted merely to facilitate reference and shall have no bearing upon the interpretation of any of the terms and provisions hereof.

21.9. Additional Documents. Each Party agrees to make, execute, and deliver any and all documents reasonably required to implement this Agreement.

21.10. Governing Law. This Agreement shall be interpreted, governed by, and construed under the laws of the State of California.

21.11. Shall and May. “Shall” is mandatory and “may” is permissive.

21.12. Non-Discrimination. In performing the obligations of this Agreement, there shall be no discrimination against any employee or applicant for employment because of race, color, religion, sex, or national origin.

22. TERM AND TERMINATION.

22.1. Execution by Both Parties. This Agreement shall not become effective until it has been executed by both Parties. Following execution by both Parties, this Agreement shall continue in effect until the earlier of the following:

22.1.1. Superseded by Other Agreement. This Agreement is superseded by another, or an amended, agreement which, by its terms, supersedes this Agreement.

22.1.2. Termination by Mutual Agreement. Termination by mutual agreement of the Parties.

22.2. Termination of Participation in First Expansion Facilities Prior to Financing.

Notwithstanding any other provision in this Agreement to the contrary, either Party, prior to the time District issues either Variable Financing or Fixed Financing, whichever occurs first, for the purpose of Financing the First Expansion Facilities, upon not less than 30 days' written notice to the other Party, shall be entitled to terminate its participation in the First Expansion Facilities at any time (i) the Party determines that the First Expansion Facilities is not feasible because of #20..
- 1099 -
FINAL - Approved by MID & Council - October 11, 2005.doc 47 technical, engine ering, or economic reasons, or if adequate insurance is not, or probably will not, be available at a commercially reasonable price, or for other reasons as would cause a reasonably prudent utility in the same or similar circumstances to terminate its participation in a First Expansion Facilities as is contemplated by this Agreement (failure of District to permanently secure a permit to divert sufficient water for urban purposes to meet its obligations under this agreement shall be such cause for termination), or (ii) City determines that District has failed to meet its Design Phase or, if Financing has not yet been obtained, its Construction Phase obligations, and has failed to pursue those obligations with due diligence. If the First Expansion Facilities is terminated pursuant to the provision, then this Agreement shall remain in effect as to the Initial Facilities.

23. UNDERTAKINGS. [Not Used]

24. WATER RIGHTS AND OWNERSHIP.

City shall not own or acquire any of District's water rights, but shall have an absolute right to the delivery of Treated Water in accordance with the terms of this Agreement. City shall not have any ownership rights in any of the facilities of the Project except as specified in this agreement. District shall use its best efforts to exercise and utilize all of its available water rights and supplies to ensure that it delivers the full allocation of Treated Water to City to the extent feasible. District, though, retains the discretion and flexibility to exercise its water rights in such a manner as to reasonably and prudently manage and plan for single and multiple-year Droughts.

District also agrees to vigorously defend its water rights and oppose any litigation or regulatory proceeding that could adversely impact District’s ability to provide the full allocation of Treated Water to City.

24.1. The parties contemplate that City may increase its reclamation of waste water from its primary or secondary wastewater treatment plants by additional advanced treatment/ technologies and/or methods for groundwater recharge, resale, or any other use whatsoever, inside or outside District’s irrigation district boundary. District agrees that City has the right to utilize its reclaimed water in this manner, and shall not object to any such reclaimed water usage, transportation or sale to any, court, administrative agency or other body or tribunal with jurisdiction over any such use, or in the press.
#20..
- 1100 -
FINAL - Approved by MID & Council - October 11, 2005.doc 48

24.2. Nothing in the agreement shall restrict, prohibit, or inhibit in any way, City’s right to acquire from third parties and/or exercise water rights additional to or apart from those enumerated in this agreement.
#20..
- 1101 -
FINAL - Approved by MID & Council - October 11, 2005.doc 49

25. NOTICES.

Any notice, demand, or request provided for in this Agreement shall be in writing, and shall be deemed properly served, given, or made if delivered in person or if sent by registered or certified mail, postage prepaid, to the persons specified below:

District: General Manager
Modesto Irrigation District
Post Office Box 4060
Modesto, CA 95352
City: City Manager
City of Modesto
Post Office Box 642
Modesto, CA 95353

MODESTO IRRIGATION DISTRICT CITY OF MODESTO
By: By:

President Mayor
Vice President City Manager
Approved as to form: Approved as to form:

General Counsel City Attorney
Attest: Attest:

Secretary City Clerk
#20..
- 1102 -
EXHIBIT A – MID SUNK COSTS
(Through October 1, 2005)
Consultants = $982,773.00
Kind Labor = $501,580.46
Materials & Supplies = $18,558.08
Advertising = $9,271.65
Meals & Lodging = $2,701.07
Transportation = $2,666.26
Miscellaneous = $940.73
Meetings = $ 875
TOTAL = $1,519,366.25*
*Detailed accounts, reported by date and expenditure type, are included on the attached spreadsheets.
#20..
- 1103 -

Page 1 ends
← All documents from this meeting