EXHIBIT 5-A
2003 MEMORANDUM OF AGREEMENT
BETWEEN THE CALIFORNIA-AMERICAN WATER COMPANY,
THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT,
AND THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND
GAME
TO RELEASE WATER INTO THE CARMEL RIVER
FROM SAN CLEMENTE RESERVOIR
THIS AGREEMENT is made this ______ day of July 2003 between the Monterey Peninsula Water Management District, (the District), California-American Water Company, (Cal-Am), and the California Department of Fish and Game, (Department), with respect to the following:
A.
The Department is
required to conserve and protect the fish and wildlife resources of this state
and it is the Department’s objective to maximize surface flows in the Carmel
River below San Clemente Dam;
B.
Cal-Am supplies
water to the citizens of the communities of the Monterey Peninsula, Monterey
County in accordance with SWRCB Order No. 95-10, as amended.
C.
The District,
through its rules and regulations, establishes a quarterly water supply
strategy and budget for the Monterey Peninsula.
NOW THEREFORE, IT IS HEREBY AGREED:
1.
“Minimum pool at
Los Padres Reservoir” means a surface water elevation of 980 feet above mean
sea level, or 91 acre feet of storage.
2.
For operational
purposes in 2003, “Minimum pool at San Clemente Reservoir” means a surface
water elevation of 515 feet above mean sea level, or 71 acre feet of storage.
3.
“Water Release by
Cal-Am at San Clemente Dam” into the Carmel River may occur from seepage
through the dam, direct release from the discharge ports, spillage over the
crest of the dam or gates, leakage around the gates, releases through he fish
ladder or any combination thereof.
DESIGNATION OF
RESPONSIBILITIES
CAL-AM
4.
Cal-Am shall make
water releases into the Carmel River channel beginning June 2003 as follows and
summarized in Exhibit A: Cal-Am shall
maintain no less than 11 CFS (cubic feet per second) during July and 6 CFS
during August through December 2003 at the Sleepy Hollow Weir.
5.
Cal-Am shall not
divert water at the San Clemente Dam during low flow periods except during an
emergency, which is defined in ordering Paragraph No. 1 of SWRCB Order WRO
2002-0002 (attached as Exhibit B).
6.
The Russell Wells
shall be limited to a combined total instantaneous diversion rate of not more
than 0.5 cfs during low flow periods as set forth in ordering Paragraph No. 4
of SWRCB Order WRO-2002-0002 (Exhibit B
hereto).
7.
In the event that
a significant change in projected runoff occurs in the basin during the
duration of this Agreement, the parties will meet to discuss modifications to
the scheduled reservoir releases and diversion.
8.
Cal-Am shall
limit operation of its wells in the Carmel Valley above the Narrows during low
flow periods as set forth in ordering Paragraph No. 2 of SWRCB Order WRO
2002-0002 (Exhibit B hereto). Cal-Am shall notify the District and the
Department of its pumping schedule in advance.
9.
Cal-Am shall make
reasonable efforts to operate the Lower Carmel Valley production wells in the
sequence from the most downstream well and progress upstream as wells are
needed and available for production.
Cal-Am shall notify the District and the Department before operating its
Scarlet No. 8 Well.
10.
Cal-Am shall
provide, upon request by the Department or the District, records of the Carmel
Valley Filter Plant operation showing compliance with the provisions of this
Agreement.
11.
Cal-Am shall
notify the District and the Department when the water elevation reaches 990
feet at Los Padres Reservoir or 514 feet at San Clemente Reservoir. Cal-Am shall not draw either reservoir below
minimum pool elevation without obtaining specific written approval from the
Department.
12.
Cal-Am shall make
reasonable efforts to operate Los Padres and San Clemente Dams conjunctively to
maintain a spill rate of approximately 0.5 CFS at San Clemente Reservoir for
the duration of this Agreement.
13.
The District
shall take direct measurements of inflow to Los Padres Reservoir on a monthly
basis through the duration of this Agreement.
14.
This Agreement is
revocable upon ten days’ written notice to all parties signatory to this
Agreement.
15.
This Agreement is
entered into without prejudice to the rights and remedies of any party to the
Agreement.
16.
This Agreement
shall become effective upon signature by the respective parties and shall
remain in force until December 31, 2003.
This Agreement may be modified or extended by mutual consent of all the
parties.
IN WITNESS WHEREOF, each party hereto has caused this Memorandum of Agreement to be executed by an authorized official on the day and year set forth opposite their signature.
California-American Water Company
By: ____________________________ _________________
By: ____________________________ __________________
P.O.
Box 85 Date
By: ____________________________ ____________________
P.O.
Box 47 Date
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