Duplicate Original
Total Page:16
File Type:pdf, Size:1020Kb
DUPLICATE ORIGINAL Agreement No. 1 1-XX-30-W0560 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA, THROUGH THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, AND THE IMPERIAL IRRIGATION DISTRICT FOR THE OPERATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF THE LOWER COLORADO RIVER WARREN H. BROCK RESERVOIR PROJECT TABLE OF CONTENTS Section Title Page 1. Preamble 2. Explanatory Recitals 2 3. Definitions 5 4. General Terms and Conditions 6 5. Roles and Responsibilities for the OMR&R of the Project 7 6. Costs of OMR&R 8 7. Water Accounting 9 8. Non-Waiver 10 9. Ownership of Project Facilities 10 10. Uncontrollable Forces 10 11. Representations and Warranties 10 12. Governing Law 11 13. Assignment Limited — Successors and Assigns Obligated 11 14. Amendment, Modification, and/or Supplement 11 15. Drafting Considerations 11 16. Notices 11 17. Judicial Remedies Not Foreclosed 13 18. Books, Records, and Reports 13 19. Contingent on Appropriation or Allotment of Funds 13 20. Officials Not to Benefit 13 21. Disputes 13 22. Equal Employment Opportunity 14 23. Protection of Water and Air Quality 16 24. Exhibits Made Part of this Agreement 16 Signatures 16 Exhibit A — Description and Location Map for Warren H. B rock Reservoir Project Exhibit B — Plan of Operation ______ ________, DUPLICATE ORIGINAL Agreement No. 1 1-XX-30-W0560 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA, THROUGH THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, AND THE IMPERIAL IRRIGATION DISTRICT FOR THE OPERATION, MAINTENANCE, REPAIR, AND REPLACEMENT OF THE LOWER COLORADO RIVER WARREN H. BROCK RESERVOIR PROJECT 1. PREAMBLE: THIS AGREEMENT made this day of 2012, hereinafter referred to as “Agreement” pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388), designated the Reclamation Act, and acts amendatory thereof or supplementary thereto; the Act of January 21, 1927 (44 Stat. 1010, chapter 47), designated the Colorado River Front Work and Levee System, as amended; the Act of December 21, 1928 (45 Stat. 1057), designated the Boulder Canyon Project Act; and particularly pursuant to Section 396 of the Act of December 20, 2006 (Public Law 109-432, 120 Stat. 3047), hereinafter referred to as “Authorizing Act,” all of which acts are part of the body of law commonly known and referred to as Federal Reclamation law; between the UNITED STATES OF AMERICA, hereinafter referred to as the “United States,” represented by the Secretary of the Interior, hereinafter referred to as the “Secretary,” and acting through the officer executing this Agreement, hereinafter referred to as the “Contracting Officer”; and the IMPERIAL IRRIGATION DISTRICT, an irrigation district created, organized, and existing under and by virtue of the laws of the State of California, with its principal place of business at Imperial, Imperial County, California, hereinafter referred to as “lID”; each of which is at times referred to individually as “Party” and which are at times collectively referred to as “Parties.” WITNESSETH THAT: Page 1 of 16 2. EXPLANATORY RECITALS: 2.1 WHEREAS, for the purposes of controlling floods, improving navigation, regulating the flow of the Colorado River, and providing for storage and the delivery of stored water for the reclamation of public lands and other beneficial uses exclusively within the United States, the Secretary, acting under and pursuant to the provisions of the Colorado River Compact and the Boulder Canyon Project Act, has constructed and is now operating and maintaining in the mainstream of the Colorado River at Black Canyon that certain structure known as and designated Hoover Dam and incidental facilities, creating thereby a reservoir designated Lake Mead; 2.2 WHEREAS, as a means to deliver Colorado River water to the Imperial and Coachella Valleys, Imperial Dam and the All-American Canal system, which includes the All- American Canal and its Coachella Branch, were authorized and constructed pursuant to the Boulder Canyon Project Act; 2.3 WHEREAS, the Secretary is directed by the Authorizing Act, notwithstanding any other provision of law and without delay, to design and provide for the construction, operation, and maintenance of a regulated water storage facility at or near the All-American Canal, including all incidental works that are reasonably necessary to operate the storage facility, to provide additional storage capacity to reduce non-storable flows on the Colorado River below Parker Dam; 2.4 WHEREAS, no Federal funds have been appropriated for the construction, operation, or maintenance of the Project; 2.5 WHEREAS, on December 13, 2007, the United States, the Colorado River Commission of Nevada, and the Southern Nevada Water Authority (hereinafter “SNWA”) entered into Agreement No. 07-XX-30-W05 16, entitled “Agreement Among the United States of America, through the Department of the Interior, Bureau of Reclamation; the Colorado River Commission of Nevada; and the Southern Nevada Water Authority for the Funding and Page 2 of 16 Construction of the Lower Colorado River Drop 2 Storage Reservoir Project” (hereinafter “Funding Agreement”); 2.6 WHEREAS, pursuant to Section 8 of the Funding Agreement, the Central Arizona Water Conservation District (hereinafter “CAWCD”) and the Metropolitan Water District of Southern California (hereinafter “Metropolitan”) each elected to become parties to that agreement on January 3, 2008, and April 22, 2008, respectively; 2.7 WHEREAS, the Funding Agreement provides for, among other things, funding contributions by SNWA, Metropolitan, and CAWCD for the construction, operation, maintenance, repair, and replacement (hereinafter “OMR&R”) of the Project, in exchange for a portion of the water conserved by the Project; 2.8 WHEREAS, pursuant to the Congressional directive of the Authorizing Act and with funding contributions provided under the Funding Agreement, the Bureau of Reclamation (hereinafter “Reclamation”) constructed the Lower Colorado River Drop 2 Storage Reservoir Project in Imperial County, California; 2.9 WHEREAS, construction of the Project has been determined complete as of July 5,2011; 2.10 WHEREAS, the Secretary approved renaming the Project to the “Warren H. Brock Reservoir” on September 7, 2010; 2.11 WHEREAS, the Project is estimated to have a life of at least 50 years and based on historical water releases below Parker Dam estimated to save approximately 70,000 acre-feet of water annually that would otherwise be considered non-storable and released to Mexico in excess of treaty obligations, or an aggregate of at least 3,500,000 acre-feet over the useful life of the Project; 2.12 WHEREAS, Reclamation completed an Environmental Assessment on June 14, 2007, which selects this Project as the means of implementing the provisions of Section 396 of the Authorizing Act, provides analysis of potential effects on resource areas identified as Page 3 of 16 potentially affected by the Project, and includes several best management practices to avoid, minimize, or compensate for those potential effects; 2.13 WHEREAS, while the statutory language of Section 396 is a Congressional mandate to design and implement the Project “upon the date of enactment” and “without delay,” it does not preclude voluntary environmental compliance procedures so long as those procedures do not delay the Project; 2.14 WHEREAS, an Environmental Determination for the Project was executed on November 1, 2007; 2.15 WHEREAS, lID currently performs the operation and maintenance functions of the All-American Canal pursuant to Contract No. flr-747 dated March 4, 1952, which is Arnendatory of and Supplemental to the Contract for Construction of Diversion Dam, Main Canal, and Appurtenant Structures and for Delivery of Water between the United States of America and the Imperial Irrigation District dated December 1, 1932, as amended and supplemented; 2. 16 WHEREAS, a description and location map of the Project is shown in Exhibit A herein; 2.17 WHEREAS, a Plan of Operation for the Project is shown in Exhibit B herein; and 2. 18 WHEREAS, the United States has administratively determined that the operation of the Project performed by lID is appropriate, necessary, and desirable because Project operation is closely related to the operation and maintenance of the All-American Canal which requires continuous coordination with lID; therefore, the United States and 110 desire to enter into this Agreement for the OMR&R of the Project. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: Page 4 of 16 3. DEFINITIONS: For the purpose of this Agreement, the following definitions shall apply: 3.1 Contracting Officer is the Secretary, a duly appointed successor, or a duly authorized representative acting pursuant to this Agreement or applicable Reclamation law or regulation. Unless otherwise directed by the Secretary, the Regional Director, Bureau of Reclamation, Boulder City, Nevada, shall be the Contracting Officer. 3.2 Exhibit A is a description and location map of the Project. Exhibit A is attached hereto and by this reference made a part of this Agreement. 3.3 Exhibit B is the Project’s Plan of Operation. Exhibit B is attached hereto and by this reference made a part of this Agreement. 3.4 Non-storable Flows means Colorado River flows arriving at Imperial Dam that exceed the water demands of United States users and Mexico’s daily water requirement, and cannot be sent to another user, sent to storage, or delivered as part of scheduled deliveries to Mexico, and are inadvertently sent to Mexico