HomeMy WebLinkAboutSan Dieguito Water District; 1985-04-03;AGREEMENT BETWEEN COSTA REAL MUNICIPAL WATER DISTRICT AND SAN DIEGUITO WATER DISTRICT FOR THE EMERGENCY EXCHANGE OF WATER
This agreement is entered into by and between COSTA REAL
MUNICIPAL WATER DISTRICT, a municipal water district organized
and functioning pursuant to the Municipal Water District Law of
1911, as amended (hereinafter referred to as "Costa Real") and
SAN DIEGUITO WATER DISTRICT, an irrigation district organized and
functioning pursuant to the Irrigation District Law (hereinafter
referred to as "San Dieguito"), in view of the following facts:
A. Costa Real and San Dieguito are members of the San
Diego County Water Authority and are entitled to purchase water
from the San Diego County Water Authority.
B. Costa Real and San Dieguito have contiguous boundaries,
and each has facilities that could be used to supply water to the
other.
C. The parties desire by this agreement to provide for the
installation and use of interconnections for emergency exchange
of water between the parties.
NOW, THEREFORE, the parties agree as follows:
1. Interconnections.
The locations, terms and conditions of the interconnections
covered by this agreement are as follows:
1.1 Connection No. 1. (a) An interconnection
shall be installed along Old Highway 101 at a point 500 feet
north of the centerline of La Costa Avenue. A 12-inch waterline
will be constructed from the westerly extension of Andrews Street
in San Dieguito to the northerly district boundary of San
-1-
Dieguito and then on to connect to the water system of Costa
Real. The parties hereto shall share equally in the cost of
construction of that portion of the the 12-inch waterline
situated within San Dieguito. Costa Real shall pay the entire
cost of construction of the line and other facilities within
Costa Real, and San Dieguito shall have no liability therefor.
In addition, a pressure reducing and metering station will be
installed at the interconnection at the sole cost and expense of
Costa Real.
(b) Plans and specifications for the facilities
shall be prepared by Costa Real, which shall not undertake con-
struction or let a contract for construction of any facilities
within the boundaries of San Dieguito without the written appro-
val of the plans and specifications by San Dieguito. Installa-
tion of facilities within the boundaries of San Dieguito shall be
subject to inspection by and approval of San Dieguito.
(c) Upon approval by San Dieguito of the com-
pleted facilities, the filing with the County Recorder of a
notice of completion by Costa Real, and the payment by San
Dieguito to Costa Real of one-half of the costs of the 12-inch
waterline within San Dieguito, the pipeline within the boundaries
of San Dieguito and the pressure reducing and metering station
shall become the property of San Dieguito without further action
on the part of Costa Real or San Dieguito, and Costa Real shall
have no further right, title or interest therein.
(d) San Diequito shall be responsible for the
operation, repair and maintenance of the pressure reducing and
-2-
L- A
metering station. On presentation of a bill therefore, Costa
Real shall pay San Dieguito one-half of the costs of such opera-
tion, repair and maintenance.
2. Other Connections.
By addenda to this agreement, the parties may provide for
the construction and use of other interconnections between the
water systems of the two districts.
3. Delivery of Water.
In the event of an emergency, either party may request deli-
very of water through any interconnection subject to this agree-
ment. If the other party has surplus water, such requests will
be automatically accommodated in the event of fire, and in the
case of other unexpected events, such as washouts and line
breaks, necessitating long-term interruption of service, such
requests will be accommodated for a reasonable period until
restoration of service.
4. Availability of Supply.
Neither party warrants or agrees that it will be able to
furnish any specific quantity or rate of flow of water. Each
party will endeavor to supply as much water as possible in an
emergency after supplying and protecting the needs of its own
customers. The delivering district will give the other district
written notice of any anticipated limitation which will restrict
the delivery of water.
5. Payment for Water Used.
Payment for water received pursuant to this agreement shall
be as follows:
-3-
P- I
5.1 The meter shall be read by San Dieguito. The
meter shall be read monthly, or if no water is being regularly
used, it shall be read at such time as water is used. San
Dieguito shall notify Costa Real and the San Diego County Water
Authority ("Authority") of the quantity of water delivered by
Costa Real to San Diequito and by San Diequito to Costa Real.
5.2 Based upon the meter readings, the Authority
shall bill the receiving agency for that quantity of untreated or
treated water delivered through the interconnection at the rates
then in effect for the type of water delivered. For the purpose
of determining any rights to take or use water of the Authority,
the water shall be deemed to be delivered by the Authority
directly to the receiving party, and such water shall not be
chargeable to or considered part of the water rights or supply of
the delivering party.
5.3 In addition to the amount charged by the
Authority, the following payments shall be made:
(a) Sale of Water From San Diequito to Costa
Costa Real shall pay to San Diequito for treatment and - Real.
transportation of untreated water obtained by San Dieguito from
the Authority and redelivered to Costa Real, an amount equal to
the Authority's treated water price.
(b) Sale of Water From Costa Real to San
Diequito. San Dieguito shall pay to Costa Real for transporta-
tion of treated water obtained by Costa Real from the Authority
and redelivered to San Dieguito, an amount equal to the
Authority's untreated water price.
-4-
(c) Changes in Authority Pricinq. The prices
payable pursuant to this section shall be the Authority's prices
in effect at the time of delivery of the water from one party to
another. If the Authority changes its pricing structure so that
the foregoing provisions cannot be reasonably applied, the
parties shall determine, by written amendment hereto, the method
for future pricing.
6, Termination of Agreement.
Except for breach of this agreement, this agreement may be
terminated by either party upon written notice to the other at
least one year in advance of the date specified in such termina-
tion of notice.
IN WITNESS WHEREOF, the parties have executed this agreement
pursuant to the duly adopted resolution of the Board of Directors
of each
Dated: COSTA REAL MUNICIPAL WATER DISTRICT
DEB 2 : WPS DWD . A1
B
-5-
STATE OF CALIFORNIA 1
On this c%? day of A/\ Rgck , in the year 19-7
before me, the undersigned, a Notary Public in and for said State, personally appeared
FQgEfHgy>, personally known to me
ED B. LUE5TON ( PRES, \ ##D
dthe person who executed the
and acknowledged to me that
WITNESS my hand and
ACKNOWLEDGMENT-Corporation-Waicatts Farm 222CA.X-Rev. 5-82