Loading...
HomeMy WebLinkAboutBueno Colorado Municipal Water District; 1965-10-05;AGREEMENT FOR EXCHANGE OF WATER BETWEEN BUENO COLORADO MUNICIPAL WATER DISTRICT AND CARLSBAD MUNICIPAL WATER DISTRICT AND THE DELIVERY OF WATER FOR THE BENEFIT OF BUENO COLORADO THROUGH FACILITIES OF CARLSBAD ---_-___-____-__----------------- THIS AGREEMENT is made this , 1965, by and between BUENO COLORADO MUNICIPAL WATER DISTRICT (BUENO), CARLSBAD MUNICIPAL WATER DISTRICT (CARLSBAD) and SAN DIEGO COUNTY WATER AUTHORITY (AUTHORITY) in view of the following facts: Both BUENO and CARLSBAD are municipal water districts and member agencies of AUTHORITY. The land hereinafter described in Exhibit “A” attached lies within BUENO and within the City of Carlsbad. Neither BUENO nor the City of Carlsbad have any facilit.ies through which water can be delivered to the property. CARLSBAD has constructed and now owns and operates a water pipeline connected to the AUTHORITY’s system which pipe- line is located in close proximity to the property to be served. CARLSBAD has agreed with BUENO to transpv-t and deliver for the benefit of BUENO to the property described in Exhibit “A” water which BUENO would be entitled to purchase from AllTHORITY for the service of such property. Such water is to be delivpred hy AUTHORITY to CARLSBAD and measured through CARLSBAD’s existing connection to AUTHORITY’s aqueduct and thereafter delivered to the Iands described in Exhibit “A” through appro- priate meters and other facilities. IT IS, THEREFORE, AGREED: 1. BUENO designates and appoints CARLSBAD as its agent to report to AUTHORITY monthiy the amount of water delivered by CARLSBAD to the lands described in Exhibit “A”. The amount so reported by CARLSBAD shall be deducted from a total amount delivered by AUTHORITY to CARLSBAD as measured by the meter at AUTHORITY’s point of delivery to it. CARLSBAD will be billed and a~ ccs to pay AUTHORITY for the amount measured through -l- such meter less the amount reported by CARLSBAD as delivered to BUENO under this agreement. BUENO will be billed and agrees to pay AUTHORITY for the amount of water reported by CARLSBAD to AUTHORITY as having been so delivered. AUTHORITY shall not be responsible for the accuracy of such reports and both BUENO and CARLSBAD agree that AUTHORITY shall be paid in the amounts billed to each of them respectively regardless of any difficulties which may develop between them as to the amounts actually delivered. 2. AUTHORITY shall not be responsible to recover from BUENO any water which may be delivered for its benefit by CARLSBAD which together with direct deliveries from the AUTHORITY to BUENO exceeds the amount of water which BUENO shall be entitled to purchase from AUTHORITY (including that which BUENO has previously put in storage and that as to which it has a preferential right). Any water so delivered by CARLSBAD to the land described in attached Exhibit “A” which is in excess of the amount to which BUENO is entitled will be charged by the A’;THG5XY ;is water delivered to CARLSBAD. CARLSBAD agrees to pay for such water and further agrees that the amount so delivered in excess of BUENO’s entitlement will be accounted for within the amount of water that CARLSBAD is entitled to purchase from AUTHORITY. Should any such excess deliveries occur, BUENO agrees upon demand of CARLSBAD to repay to CARLSBAD the amount of excess delivery out of water available to BUENO from any source. Such repayment shall be made in such manner that the amount of the excess deliveries shall be restored to CARLSBAD over a period not in excess of thirty (30) days. 3. By executing this agreement CARLSBAD acknowledges that arrangements satisfactory to it have been made for the construction of facilities through which it can deliver water to BUENO’s lands which are described in attached Exhibit “A”. Such works shall include a meter of a type approved -2- by BUENO and a valve on the input side of the meter which shall be subject to the sole regulation and control of CARLSBAD. 4. This agreement shall be terminated upon the happening of any one of the following: (a) Annexation of the land described to CARLSBAD and its con- current exclusion from BUENO. lb) Annexation of the land to Vista Irrigation District provided that facilities for the service of such land are constructed to its boundaries and such land can then be served through such facilities with water which Vista Irrigation District may be entitled to purchase from BUENO. In the event of termination by reason of the foregoing, the termination shall occur thirty (30) days after the service of written notice to each of the parties to this agreement. Such notice shall specify that one or the other of the foregoing conditions have occurred. This agreement may further be terminated by any of the parties upon the service of written notice to each of the others notwithstanding that the C\J.I --ditions described above have not occurred. Termination in that event shall become effective upon the last day of the fifth month following that in which the written notice shall be given. Copies of all notices of termination provided for in this agreement shall be furnished to Vista Irrigation District and the City of Carlsbad. IN WITNESS WHEREOF each of the parties have executed this agree- ment through their duly authorized officers. SAN DIEGO WATER AUTHORITY BY G - @+-&d enera anager n Ch’ ie CARLSBAD MUNICIPAL WATER DISTRICT BUENO COLORADO MUNICIPAL WATER DIST. -3- ,” . EXHIBIT “A” BUENO COLORADO MUNICIPAL WATER DISTRICT- CARLSBAD MUNICIPAL WATER ,DISTRICT EXCHANGE AGREEMENT The property referred to in the agreement to which this exhibit is attached is situated in the County of San Diego, State of California, and is more particularly described as follows: The Southwest l/4 of the Northeast l/4 and the South l/2 of the Northwest l/4 of Section 18, Township 12 South, Range 3 West, San Bernardino Base and Meridian, County of San Diego, State of California. , l Historical Synopsis At the time the Carlsbad Raceway began operation, the City of Carlsbad was unable to supply water, although the Raceway is and was within the City limits. Bueno Colorado Municipal Water District jurisdiction encompasses the Race way exclusively. However, it is a paper district (but an independent legal agency) and has no water, no pipes, no meter. Therefore, this agreement was entered into in order to supply the water. It operates as follows: The pipes and meter belong to Carlsbad Municipal Water District. CMWD reads the meters and sends a bill to the San Diego County Water Authority. CWA in turn bills Bueno. Bueno then bills the City of Carlsbad, who then have city watermen read the meter at the Raceway. The Raceway is then billed by the City according to Carlsbad's fee structure.