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HomeMy WebLinkAbout1992-10-14; Municipal Water District; 10-02; Joint Participation Agreement for Reclaimed WaterCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA BILL AB # 10-02 10/14/?Z MTG. DEPT. CMWD TITLE: JOINT PARTICIPATION AGREEMENT ~ BETWEEN SAN DIEGO COUNTY WATER AUTHORITY AND CARLSBAD MUNICIPAL WATER DISTRICT FOR RECLAIMED WATER ~~ DEPT. HD. CITY ATTY CITY MGR. RECOMMENDED ACTION: Recommend to the Board of Directors that the Executive Manager be authorized to enter into the Joint Participation Agreement between San Diego County Water Authority and Carlsbad Municipal Water District for development and utilization of Reclaimed Water. ITEM EXPLANATION: The Carlsbad Municipal Water District has applied for funding assistance through the Authority’s Reclaimed Water Development Fund (RWDF) for the distribution of reclaimed water within its service area. The first phase of the project is expected to yield 2,049 acre-feet per year (AFY) of reclaimed water for beneficial uses. CMWD has met the required RWDF funding criteria and is eligible to receive funding assistance during the initial years of the project. The RWFD provides member agencies financial assistance to develop cost-effective water reclamation projects capable of replacing a demand upon the Authority. The RWDF contributes an incentive of up to $100 per acre-foot to qualifying projects for terms of up to 25 years as long as there is a demonstrated financial need. The attached draft agenda bill to the Board of Directors details this agreement and requests the board authorize the Executive Manager enter into the Joint Participation Agreement . CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. CMWD TITLE JOINT PARTICIPATION AGREEMENT DEPT. HD. BETWEEN THE METROPOLITAN WATER ~rry DISTRICT AND THE SAN DIEGO COUNTY ClTy MGR. WATER AT TTHnRITY RECOMMENDED ACTION: Adopt Resolution No. authorizing the Executive Manager to enter into a Joint Participation Agreement between the Metropolitan Water District (MWD), the San Diego County Water Authority (SDCWA) and the Carlsbad Municipal Water District (CMWD) to allow MWD to financially participate in the Encina Basin Water Reclamation Project- Phase I under MWD’s Local Projects Program (LLP). ITEM EXPLANATION The Carlsbad Municipal Water District has requested to enter into a Joint Participation Agreement between the Metropolitan Water District of Southern California (MWD), the San Diego County Water Authority, and the Carlsbad Municipal Water District. The agreement would allow MWD to financially participate in the Encina Basin Water Reclamation Project Phase I under MWD’s Local Projects Program (LLP). CMWD is requesting this LLP funding for its Encina Basin Water Reclamation Project, Phase I. This project will produce approximately 2,050 acre-feet per year of reclaimed water that will replace a demand for potable water from the San Diego County Water Authority. As part of the project, CMWD will purchase reclaimed water from the Vallecitos Water District and Leucadia County Water District for distribution within Carlsbad. Carlsbad will be constructing a distribution system to deliver reclaimed water to the proposed users. The users include the La Costa Golf Course, Aviara Development (golf course and landscape irrigation), CALTRANS, and two agricultural growers, Frazee and Ukegawa. Under the proposed agreement, MWD would purchase the project’s actual yield from CMWD at a rate equal to the sum of MWD’s reclaimed water rate and the UP contribution. MWD would then sell the project’s actual yield back to CMWD via the Authority at MWD’s reclaimed water rate, leaving CMWD with a net contribution equal to the LPP rate of $154 per acre-foot. MWD’s financial contribution will make possible the construction of the Encina Basin Water Reclamation Project, Phase I. The San Diego County Water Authority Board of Directors, at their October 8th Board meeting, authorized their General Manager to enter into the Joint Participation Agreement. This was done at the recommendation of the Water Authority Reclamation Advisory Committee (WARAC) at its September 28th meeting. In addition, the CMWD Water Commission has reviewed this item and recommends to the Board that the Executive Manager be authorized to enter into the Joint Participation Agreement. Page 2 of Agenda Bill No. FISCAL IMPACT: This Joint Participation Agreement will allow the Metropolitan Water District to provide CMWD with the Local Projects Program funds of $154 per acre foot for reclaimed water. These funds will be used to help offset the costs of CMWD’s Water Reclamation program by providing funds (including funds from the sale of reclaimed water) for the repayment of the $5,000,000 low-interest loan from the State Water Resources Control Board. EXHIBITS: 1. Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT AUTHORIZING THE EXECUTIVE MANAGER TO ENTER INTO A JOINT PARTICIPATION AGREEMENT BETWEEN THE METROPOLITAN WATER DISTRICT, THE SAN DIEGO COUNTY WATER AUTHORITY AND THE CARLSBAD MUNICIPAL WATER DISTRICT WHEREAS, the Board of Directors of the Carlsbad Municipal Water District approved the Encina Basin Water Reclamation Project - Phase I program; and WHEREAS, the Board of Directors of the San Diego County Water Authority has authorized its General Manager to enter into the Joint Participation Agreement to allow the Metropolitan Water District to financially participate in the Encina Basin Water Reclamation Project - Phase I program; and WHEREAS, the Joint Participation Agreement will allow the Metropolitan Water District to provide the Carlsbad Municipal Water District with the Local Projects Program funds of $154 per acre foot for reclaimed water; and WHEREAS, these funds will help offset the costs of the Carlsbad Municipal Water District’s Water Reclamation program by providing funds for partial repayment of the $5,000,000 low-interest loan from the State Water Resources Control Board. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of Directors as follows: 1. That the above recitations are true and correct. Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the Board hereby authorizes the Executive Manager to enter into a Joint Participation Agreement between the Metropolitan Water District, the San Diego County Water Authority and the Carlsbad Municipal Water District to allow the Metropolitan Water District to financially participate in the Encina Basin Water Reclamation Project - Phase I under the Metropolitan Water District's Local Projects Program. PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad Municipal Water District held on the day of , 1992, by the following vote to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, President A"'EST ALETHA L. RAUTENKRANZ, Secretary AGENDA ITEM f6 Sun Diego County Wuter Authority A Public Agency 3211 Fifth Avenue San Diego, California 92103-5718 (619) 297-3218 FAX (619) 297-0511 September 17, 1992 TO : Water Authority Reclamation Advisory Committee FROM : Ken Weinberg, Water Reclamation Supervisor RE : Joint Participation Agreement for Development of Reclaimed Water Supplies Between the Water Authority and Carlsbad Municipal Water District (Action) SUMMARY The Carlsbad Municipal Water District (Carlsbad) has applied for. funding assistance through the Authority's Reclaimed Water Development Fund (RWDF) for the distribution of reclaimed water within its service area. The first phase of the project is expected to yield 2,049 acre-feet per year (AFY) of reclaimed water for beneficial uses. Carlsbad has met the required RWDF funding criteria and is eligible to receive funding assistance during the initial years of the project. The RWDF provides member agencies financial assistance to develop cost-effective water reclamation projects capable of replacing a demand upon the Authority. The RWDF contributes an incentive of up to $100 per acre-foot to qualifying projects for terms of up to 25 years as long as there is a demonstrated financial need. FISCAL IMPACT/STRATEGIC PLAN RWDF funding of the Carlsbad Municipal Water District Water Reclamation Project would result in an estimated total expenditure of $635,388 over the 25 year term of the proposed agreement with the expected 2049 AFY of reuse achieved and financial need occurring as indicated in the cash flow provided in Attachment A. If actual project costs and revenues differ in future years from current projections then the estimated total expenditure for the term of the agreement could either increase or decrease. The estimated expenditure reflects the current maximum Authority RWDF contribution of $100 per acre-foot with an estimated 3% annual inflation factor. Any increase in the contribution rate, including an inflation index, is subject to Board approval. CITIES ................... .... :.. COUNTY .... .... MEMBER AGENCIES IRRIGATION DISTRICTS COUNTY WATER DISTRICT MUNICIPAL WATER DISTRICTS .) . . . 4" e o.), - Bueno Colorodn - Hmnbon WATER DISTRICTS . 1 LA. .L I' ....... * Cotlrood . Unll,"":: PUBLIC UTILITY DISTRICT * 018vrnhulri Rsncon drl Dmobln . falloraa* * Podrr Dom . Vollr) crnrrr . Yummu FEDERAL AGENCY * Fendleton MiiiIory Reiervolioil PRINTED ON RECYCLED PAPER WARAC - Carlsbad (RWDF) September 17, 1992 Page 2 In the event that Carlsbad has a positive cumulative net balance at the conclusion of any year, Carlsbad shall refund to the Authority the amount of any contributions made during that year so as to achieve a cumulative net balance of zero dollars. In addition, Carlsbad will be required to reimburse the Authority $59,346 it received through the Financial Assistance Program (FAP), plus interest, for preparation of the facilities plan, master plan, and state loan documents. This reimbursable amount will be deducted from Carlsbad‘s RWDF funding. This action is consistent with the Authority’s Strategic Plan. RECOMMENDATION That WARAC recommend to the Authority Board of Directors that it authorize the General Manager to enter into an agreement to provide Reclaimed Water Development Funds to the Carlsbad Municipal Water District. DETAIL The first phase of the Encina Basin Water Reclamation Project will yield 2049 AFY of reclaimed water. Carlsbad will purchase the reclaimed water form both Vallecitos Water District’s (Vallecitos) existing 2.0 million gallon per day full Title 22 Meadowlark Water Reclamation Treatment Facility, and commencing in FY 1994, from the Gafner Reclamation Plant owned and operated by the Leucadia County Water District (Leucadia) and currently being upgraded to produce Title 22 tertiary treated water. Carlsbad will purchase the reclaimed water from Vallecitos and Leucadia at a wholesale rate and will purvey it to users in Carlsbad through a distribution system owned and operated by Carlsbad. Both Vallecitos and Leucadia have signed a reclaimed water agreement with Carlsbad detailing the responsibilities for production and distribution. Carlsbad is currently providing reclaimed water produced at the Meadowlark Water Reclamation Plant to the Aviara development through temporary facilities. The Phase 1 capital project consists of developing a permanent pumping and distribution system, improvements to the existing Mahr Reclaimed Water Reservoir and conversion of two existing potable reservoirs to reclaimed water. These improvements will be paid for through a low interest loan from the State Water Resources Control Board (SWRCB). Users will include landscape and school irrigation at the Aviara development, local golf courses, nurseries and Caltrans right-of-way. The approximately 400 AFY produced by the Gafner Water Reclamation WARAC - Carlsbad (RWDF) September 17, 1992 Page 3 Plant and purchased from Leucadia will be for use by the La Costa South Golf Course. In order for a producer and/or purveyor of reclaimed water to qualify for criteria: 4) 5) 6) the RWbF, it must meet the following eligibility The project will result in a new water supply, The project must demonstrate a financial need, The Project Sponsor must be an Authority member agency I A sufficient level of planning has been reached which enables eligibility to be determined, The project must demonstrate that regulatory and public health permits are obtainable, The project complies with CEQA requirements. In reviewing Carlsbad's application for funding, staff has found that the required eligibility criteria has been met. Carlsbad is utilizing a new water supply, which relieves a demand on the Authority for imported water, and it has demonstrated a financial need in that the cumulative capital and operating expenses of the project are in excess of its revenues. (A more detailed analysis of Carlsbad's expenditures and revenues is provided in Attachment A). Due to the financial need demonstrated by Carlsbad and its having met all other eligibility criteria, staff is recommending that its application be approved and the Authority enter into an agreement with Carlsbad to provide a maximum $100 per acre-foot incentive for all reclaimed water that is actually reused (see Attachment B) . As required by the adopted RWDF guidelines, Carlsbad will go through an annual review during which the actual costs and revenues of the past year, combined with revised projections for the coming year and beyond, will be used in determining whether Carlsbad continues to demonstrate a financial need. Depending on the results of this annual review process, the Authority's contribution may be lowered, set at the maximum contribution rate, terminated, or extended for an additional year. WARAC - Carlsbad (RWDF) September 17, 1992 Page 4 Prepared by: Ken Weinberg, WeResource Supervisor Reviewed by: Approved by: LAS[KEW/cjd Attachments cu Q, I 9. a, W (? l- L k w E 4 a ! 3 00 Nco00000000000000 oomo 0 t 0- a? mmm 0- w .-. .-' b oocu l-curu ATTACHMENT B JOINT PARTICIPATION AGREEMENT FOR DEVELOPMENT OF LOCAL RECLAIMED WATER SUPPLIES BETWEEN THE SAN DIEGO COUNTY WATER AUTHORITY AND Carlsbad Municipal Water District THIS AGREEMENT is made this - day of , 19-, between the San Diego County Water Authority, hereinafter referred to as "Authority" and Carlsbad Municipal Water District, hereinafter referred to as "Agency," with respect to the following facts: RECITALS 1. Authority is empowered under the County Water Authority Act ("Act") to develop, store, transport, provide, sell and deliver water for beneficial uses and purposes. 2. Agency as a member public agency of Authority under the Act, is a wholesale purchaser of water distributed by Authorrty, and a seller of water for beneficial use. 3. Authority's water supply and demand projections for its service area, including that encompassed by Agency, show that additional sources of water must be developed to meet future needs; 4. Authority and Agency have determined that it is mutually beneficial for cost-effective local water reclamation projects to be developed to reduce reliance on Authority's imported water supplies 5. Authority has adopted a plan and programs designed to encourage development of an additional 100,000 acre feet per year of beneficial use wastewater throughout its service area over the next 20 years, thereby reducing the need for additional water that otherwise must be delivered from Authority's water supply system; 6. The parties agree that the development and delivery of reclaimed water for beneficial uses within the service areas of Agency and Authority will benefit the entire Agency and the region served by Authority; 7. Authority desires to assist in increasing production and distribution of reclaimed water by contracting with Agency to contribute all or a portion of Authority's estimated avoided cost of procuring additional water supplies on a periodic basis to the extent necessary to make the production of reclaimed water financially feasible. 8. The reclaimed water project planned within the service area of the Agency will correspondingly reduce demand of Agency for water supply from Authority; NOW, THEREFORE, in consideration these facts, the parties agree as follows: Article 1 : Definitions. The following words and terms, unless otherwise expressly defined in their context; shall be defined to mean: 1.1 "Yield" shall mean the actual amount of Reclaimed Water which is delivered to End Users by a Project in any given year. "Yield" shall exclude any Reclaimed Water which does not reduce Agency's demand for supply of water from Authority. 1.2 "Project" shall mean the project for the production of reclaimed water, developed under this Agreement, as described in Exhibit A. 1.3 "Project Costs" shall mean the capital, operational and maintenance costs of the Project, more specifically identified in Exhibit B, hereto. Project Costs may include the costs of retrofitting private water systems to the extent necessary to permit the attainment of Project Yield incurred by Agency in connection with the Project. 1.4 "Reclaimed Water" shall mean subpotable water reclaimed from effluent which is not usable for human consumption, but is usable for limited special purposes, such as agricultural and landscape irrigation. 1.5 "End User" shall mean each of the ultimate users of Reclaimed Water produced by the Project. Article 2: Development and Operation of the Proiect. 2.1 Elements of Proiect The Project shall include all or a portion of the following elements: transmission, storage, tertiary treatment, pumping and other facilities necessary for the production, storage and delivery of reclaimed water, as described in the "Project Description," attached hereto as Exhibit A. 2.2 Firm Source of Water Agency warrants that it has a firm source of Reclaimed Water to operate the Project described herein. 2.3 Authorin/ Over Sewer Service Agency warrants that it has the authority to provide sewer, water or other services as necessary to carry out the Project, or has a contract with the provider of sewer service, in areas tributary to the Project, to obtain effluent from which Reclaimed Water will be produced. Agency further warrants that the residences, businesses, and industries in the area from which Reclaimed Water is to be derived are or can be required to discharge wastewater for treatment. 2.4 RiQht to Sell Water Agency warrants that it is able and has a right to sell such Yield as is produced by the Project. -2- 2.5 Construction, Desian and Costs Agency shall be solely responsible for the design, environmental proceedings, right-of-way acquisitions, permits, construction and any capital costs of the Project or any modifications thereof. Authority shall have no responsibilities, obligations or liabilities regarding the design, environmental proceedings, right-of-way acquisitions permits or construction of the Project or any modifications thereof. Nor shall Authority be responsible for any capital costs of the Project. 2.6 Owner of Proiect Agency shall be designated as the sole and exclusive owner of all Project facilities, except for those portions, if any, constituting a portion of Authority’s distribution system (as described in Exhibit A) or installed within the boundaries of End Users’ properties. Authority shall have no ownership right, title, security interest, or other interest in any Project facilities, nor any rights, duties, or responsibilities for operation and maintenance thereof. The sole obligation of Authority shall be to pay the Contribution Rate for the Yield generated by the Project. 2.7 Operation of Proiect Agency shall be solely responsible for the operation and maintenance of all components of the Project, including providing or obtaining an adequate wastewater supply and distributing and delivering Reclaimed Water to all End Users. 2.8 Meters Reauired Metering devices shall be installed and owned, operated and maintained by Agency for the purpose of measuring the Yield. Each meter shall be read every month for purposes of billing and accounting between the parties to determine at the beginning of each month the quantity of Reclaimed Water billed to End Users during the preceding month. 2.9 Maintenance of Project Agency agrees to properly operate, maintain, replace as necessary, and inspect the facilities comprising the Project, regularly and in accordance with all applicable state and federal laws, rules, regulations, and guidelines for the term of this Agreement. 2.10 OperatinQ Principles Agency agrees that, at all times during the term of this Agreement, to use best efforts to operate the Project facilities in accordance with generally accepted professional standards and maintenance and operation principles and in such manner as to provide service to existing and future End Users on a fair and equitable basis. 2.1 1 Staffing Agency shall provide sufficient qualified personnel to properly operate and maintain the Project facilities. Such personnel shall meet applicable certification requirements of pertinent regulatory agencies. 2.12 Compliance with Laws Agency shall insure that all Reclaimed Water produced and delivered by the Project is used in compliance with all applicable Federal, state and local statutes, ordinances, regulations and other requirements, and shall further insure that connections to the Reclaimed Water system are properly designed and constructed. -3- I 2.13 Inspection of Records Agency shall make available for inspection by Authority, upon reasonable advance notice, all records, books and other documents relating to the operation of the Project. 2.14 Multiple Aaencies Notwithstanding any other provision of this Agreement, "Agency," as used herein, may refer to one or more public agencies, one of whom is a member of the Authority, which shall be jointly and severally liable for the obligations of Agency, unless otherwise specifically provided herein. Article 3: Contribution for Yield. 3.1 Authoritv to Contribute Authority shall pay the Contribution Rate for Yield supplied by the Project; provided that unless agreed otherwise in writing, Authorii shall not be obligated to make a contribution for Yield in excess of 2,100 acre-feet in any one Authority fiscal year, nor shall Authority be obligated to contribute for any reclaimed water in advance of its delivery to End Users. 3.2 Billing Agency shall invoice Authority monthly for the Yield, based upon the quantities billed to End Users during the previous month. Billings shall be based upon meters at each and every connection of the Project to an End User. Authority shall pay Agency for such Yield within 45 days of receipt of such invoice through Agency by means of a credit included on the next billing issued to Agency. If payment is not made by Authority to Agency within said 45 days, it shall thereafter draw interest at a rate equivalent to the average interest Authority earns on its own invested funds during the time period payment is delayed beyond 45 days. Agency shall be billed by Authority in accordance with the rules and regulations established from time-to-time by Authority as reflected in Authority's Administrative Code 3.3 Nothing contained herein shall be deemed to modify Authority obligations, if any, established by law or contract to supply water to Agency for domestic and municipal use within Authority's service area. Article 4: Proiect Water Rates. 4.1 "Reclaimed Water Sale Price" shall be the lower of: (a) the Agency's average rate for retail potable water service during the quarter preceding the effective date of this agreement or (b) the minimum potable water rate (other than any below-cost "lifeline" rate) charged to the class of users to whom the Reclaimed Water produced by the Project is delivered whichever is lower, as determined by Authority. After the first year, the Reclaimed Water Sale Price utilized in calculating Project Revenue in section 4.3 shall be adjusted annually as described in section 4.1 herein. For the purpose of future multi-year cash flow projections, increases in the "Reclaimed Water Sale Price" shall be determined by Authority. -4- 4.2 "The Maximum Contribution Amount" for an acre foot of Yield shall be not less than $100 per acre foot, and may be adjusted, from time to time by the Board of Directors of the Authority at its sole discretion. 4.3 "Project Revenue" shall include revenues from all reclaimed water sales based upon the Reclaimed Water Sale Price, and any and all other revenue received by or generated by Agency which in any way offsets Project Costs, including the capital, operating or maintenance costs of producing or distributing reclaimed water, as determined by the Authority, excluding any Authority Contributions under this Agreement. 4.4 "Cumulative Net Balance" shall mean the amount derived by subtracting the estimated cumulative Project Cost through the following year from the estimated cumulative Project Revenue through the following year. In computing the Cumulative Net Balance ("CNB"), there shall be added to Project Costs the cost of funds to the Agency (based upon Authority's actual cost of funds, as determined by the Authority), for carrying any negative CNB for the project to date, exclusive of the following year. In computing the Cumulative Net Balance ("CNB"), there shall be added to Project Revenue the estimated earnings of Agency on any positive CNB, based upon the Authority's actual rate of return on its unencumbered funds, as determined by the Authority, for the project to date. 4.5 The Contribution Rate for Agency's Project shall not exceed the Maximum Contribution Amount, and shall be set each year through an Annual Review by the Authority based upon the CNB. The Contribution Rate shall be established in such a manner as to maintain, insofar as possible, a Cumulative Net Balance equal to $0, consistent with the viabiltty of the Project, it being the policy of the Authority not to provide contributions for projects that can maintain a positive Cumulative Net Balance without an Authority Contribution. In the event Agency shows a positive CNB for any given year, nothing in this Article will limit Agency from receiving contributions in future years where a subsequent Annual Review indicates that a negative CNB will occur for the following year; nor shall anything herein require the Authority to make a contribution to avoid a negative CNB for future years beyond those considered in calculating the CNB. 4.6 In the event that Agency has a positive CNB at the conclusion of any year, Agency shall return to the Authority, at the end of such year, the amount of any contributions made during that year so as to achieve a CNB of $0 through the following year, as determined by Authority. 4.7 Agency shall provide such information regarding past and estimated future Project costs and Project Revenue during each year of this Agreement as the Authority may reasonably require as part of the Annual Review. Notwithstanding the formulae described above, the Contribution Rate for any year may be adjusted: (a) to reflect the results of any audit during the previous Agency's obligation by the Authority of the actual Project Costs and Project Revenue year; and (b) to reduce Project Costs by an amount equal to the to repay any sum owed to Authority under the Financial Assistance -5- Program for reclamation planning studies for the Project. In the event that for any year the Contribution Rate equals zero or less, this Agreement shall not be terminated, and no funds shall be owed to Authority by Agency, it being the purpose of this agreement that the contributions made to Agency shall reflect the financial need of the Project. 4.8 Authority shall have the right to review the accounting and Project records of Agency to verify reported and estimated future Project Costs and Project Revenue, and may request an independent audit of Agency’s Project Costs or Project Revenue, upon reasonable notice, in connection with the establishment of the Contribution Rate under this agreement. The costs of any independent audit shall be equally divided between the parties. Article 5: Term and Amendments: 5.1 Term of Contribution Obligation The term of this Agreement shall be twenty- five (25) years from the date the Project commences delivery of Reclaimed Water to an End User. 5.2 Amendments This Agreement may be amended at any time by the written mutual agreement of the parties. Article 6: Hold Harmless and Liabilitv. Agency agrees to hold Authority harmless from any and all liability, including but not limited to, liability due to water quality, which may arise out of Agency’s participation in the construction and operation of the Project or out of any ownership interest it may acquire in the Project, and will save and defend Authority and its officers, agents, and employees free from any claims for injury, including death or damage to property or injury (including death or damage) due to water quality arising out of the Agency’s role in the construction, operation, or ownership of the Project. Such indemnlty shall include all loss related to any claim made, whether or not a court action is filed, and shall include attorney fees, administrative and overhead costs, engineering and consulting fees and all other costs related to or arising out of such claim of liability. These obligations shall not be affected by any sale of water to Authority under this agreement. Article 7: Notice. Any notice, payment or instrument required or permitted to be given hereunder shall be deemed received upon personal delivery or 24 hours after deposit in any United States -6- post office, first class postage prepaid and addressed to the party for whom intended, as follows: If to Authority: San Diego County Water Authority 3211 Fifth Avenue San Diego, California 92103 Attn: General Manager If to Agency: Attn: General Manager Any party may change such address by notice given to each of the other parties as provided in this section. Article 8: Successors and Assicrns: This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Article 9: Severabilitv. The partial or total invalidity of one or more sections of this Agreement shall not affect the validity of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the date first hereinabove written. APPROVED AS TO FORM: SAN DIEGO COUNTY WATER AUTHORITY By: By: APPROVED AS TO FORM: (Agency 1 By: By: -7- ... I QD w 3 Q a E: EXHIBIT A I m cu Q, I a, (D a '1 r e 2 3 Q d ld .I. n 8 3 OD0 m0 c? 9 br mQ, rT)W * AGENDA ITEM %5 San Diego County Water Authority A Public Agency 3211 Fifth Avenue San Diego, California 92103-5718 (619) 297-3218 FAX (619) 297-0511 September 17, 1992 TO : Water Authority Reclamation Advisory Committee FROM : Lester A. Snow, General Manager RE : Joint Participation Agreement Between Metropolitan Water District, the Water Authority, and Carlsbad Municipal Water District for Development and Utilization of Reclaimed Water. (Action) SUMMARY The Carlsbad Municipal Water District (Carlsbad) has requested the Authority enter into a Joint Participation Agreement between the Metropolitan Water District of Southern California (MWD), the Authority, and Carlsbad. The agreement would allow MWD to financially participate in the Encina Basin Water Reclamation Project Phase I under MWD's Local Projects Program (LPP). FISCAL IMPACT/STRATEGIC PLAN There is no fiscal impact. This action is consistent with the Authority's Strategic Plan. RECOMMENDAT I ON That WARAC recommend to the Authority Board of Directors that it authorize the General Manager to enter into a Joint Participation Agreement between the Metropolitan Water District and the Carlsbad Municipal Water District subject to further review and approval as to form by General Counsel. DETAILED REPORT Carlsbad is currently requesting LPP funding for the Encina Basin Water Reclamation Project, Phase I. This project will produce approximately 2,049 acre-feet per year of reclaimed water that will replace a demand for potable water from the Authority. COUNTY . Son il,ru* irx oH,r,ol MEMBER AGENCIES IRRIGATION DISTRICTS COUNTY WATER DISTRICT MUNICIPAL WATER DISTRICTS - Sonlo Fe * South Bay . Vallec,to, * Bueno Colorado Rainbow WATER DISTRICTS * Helix - Otay * Son Dieguito * Carl$bod . Romono PUBLIC UTILITY DISTRICT * Olwenhom * Rinron del Diablo - Folloruok * Podre Dom . Volley Cen1et . Y"lrn0 FEDERAL AGENCY Pendlelon Milmry Rerervalion PRINTED ON RECYCLED PAPER WARAC - Carlsbad September 17, 1992 Page 2 As part of the project, Carlsbad will purchase reclaimed water from the Vallecitos Water District and Leucadia County Water District for distribution within Carlsbad. Carlsbad will be constructing a distribution system to deliver reclaimed water to the proposed users. The users include the La Costa Golf Course, Avaiara Development (golf course and landscape irrigation), CALTRANS, and the vegetable and flower growers. Under the proposed agreement, MWD would purchase the project's actual yield from Carlsbad at a rate equal to the sum of MWD's reclaimed water rate and the LPP contribution. MWD would then sell the project's actual yield back to the Carlsbad via the Authority at MWD's reclaimed water rate, leaving Carlsbad with a net contribution equal to the LPP rate of $154 per acre-foot. MWD's financial contribution will make possible the construction of the Encina Basin Water Reclamation Project, Phase I. Prepared by: Reviewed by: Dana-L.. Friehauf, Water Resource Specialist /Charles N. Rhodes, a1 Manager, Resources Approved by: neral Manager LAS/DLF/cjd Attachment F .2/24 DRAFT Septembmr 17, 1992 ENCINA WIN WATER REELAWiTXOEI PROJECT PHASE I JOINT PARTICTPATION AGREEMENT FOR DBVEZDPME" AND UTILIZATION OF RECLAXMED WATER BETWEEN THE METROPOLITAN WATER DISTRICT OF SOUTHERN CL;LFORNIA, SAN DIEGO COUNTY WATER AUTHORITY, AND CARISBAD MUNXCIPAL WATER DISTRICT i . 3 .. 24 TABLE OF CONTENTS pecitals .......................... 1 S=w2n 1 . Definitions ...................... 5 2 . Project Description .................. 7 3 . Warranties ....................... 7 4 . Construction Responsibilities ............. 8 5 . Ownership of Facilities ................ 8 6 .. Operating Responsibilities ............... 8 7 . HwD Purchase of Actual Yield ............. -10 8 . Resale of Actual Yield to SDCWA and CHWD ........ 11 9 . moject.Water Rates .................. -12 10 . Term and Amendments ................. *12 I1 . Hold Harmless and Liability ............. -12 12 . Notice ......................... 13 13 . SUCCO8SOr8 and Assigns ................. 14 14 . Severability. ..................... 14 15* Integration ...................... 14 16 . Governing Law ..................... 14 aibits Exhibit A (Project Description) Exhibit B (Map) F I 4/24 ENCINA BASIN WATER RECLAMATION PR0J'EC.F PHASE I JOINT PARTICIPATION AGREEMENT FOR DEVEWPMENT AND UTILIZATION OF REZLAIMED WATER BETWEEN THE MBTROWLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, SAN DIEGO COUNTY WATER AZfmORITY, AND CARLSBAD "NICXPAL WATER DISTRICT THXS AGREEMENT is made and entered into as of 1992, by and among THE'METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (hereinafter WWl)") SAN DIEGO COUNTY WATER AUTHORTTY (hereinafter *SDCWAn), and CARLSBAD MUNICIPAL WATER DISTRICT (hereinaftir nCMWDn) ; WHEREAS, MWD was incorporated under the Metropolitan Water District Act (nAct") for the purpose af developing, storing, and distributing water for domestic and municipal purposes ; WHEREAS, the Act empowers MWD to acquire water and water rights within or without the &ate; develop, store and transport water; provide, sell and deliver water at wholesale for municipal and domestic uses and purposas; set the rates for water; and acquire, construct, operate and maintain any and all works, facilities, improvements and property necessary or convenient to the exercise of the powers granted by the Act; WHEREAS, SDCWA, as a member: public agency of MWD under the Act, is a wholesale purchaser within its service area of water developed, stored, and distributed by HWD; P .5/'24 - WEEREAS, WD i8 a mtsmber public agency of SDCWA and provides domestic and Subgotable water services within SDCWA's service area; WHEREAS, MWD's water supply and demand projections for its service area, including that encompassed by SDCWA, show that additional sources of supplemental water must be developed to meet future needs; WEEEREAS, MWD has determined to take all reasonable and necessary steps to maintain MWD's water supplies at levels which will meet the needs of the people in the MWD service area, which steps include detailed analyses of the conjunctive use of groundwater basins, water reclamation, and a variety of water conservation techniques; WHEREAS, MWD and SDCWA have determined that it is mutually beneficial for cost-effective local water projects originating in the service area of SDCWA to be developed as a supplement to MWD's imported water supplies in order to meet future water neods; WHEREAS, a significant amount of treated wastewater generated within the SDCWA service area is currently lost to the ocean, which water could be used for special subpotable purposes ; WHEREAS, CMWD has obtained approval to distribute reclaimed wastewater for landscape irrigation from the California Regional Water Quality Control Board, San Diego Region, pursuant to Order No. 91-60 and any orders supplementary or amendatory thereof; -2- WHEREAS, significant additional quantities of Reclaimed Water could be distributed and sold by CMWD by mans of additional capital facilities to distribute and use additional wastewater, thereby avoiding disposal thereof as a waste product, and avoiding the use of an equivalent volume of imparted water for freeway, greenbelt, golf course and nursery irrigation purposest WHEREAS, CMWD is currently planning and desires to construct additional capital facilities collectively known as Encina Basin Water Reclamation Project Phase I (hereinafter "Project"), to distribute, for municipal and domestic uses, additional wastewater, which will minimize present and future disposal of wastewater in a manner cost-effective for its End Users, thereby, reducing the need for additional water that otherwise must be delivered from MWD's aqueduct water supply system ; WHEREAS, C!M?D, acting as Lead Agency, shall comply with the provisions of the California Environmental Quality Act (CEQA) before MWD will be obligated to make any payments under thio agreement; WS, the Vallecitos Water District (VWD) own6 and operates the Meadowlark Water Reclamation Facility (MWRF) in compliance with the California Regiunal Water Quality Control Board's reclaimed water requirements; WHEREAS, MWD has executed an agreement vith VWD for the delivery of up to 2,240 acre-feet per year of tertiary treated effluent from HWRF for the project: -3- P. 7/24 WHEREAS, the IRucadia County Water District (LCWD) owns and operates the Cafnew Water Reclamation Plant (CWRP) in compliance with the California Regional Water Quality Control Board's reclaimed water requirements and plans to construct a 1.0 MGD tertiary facility; WHEREAS, CMWD has executed an agreement with LCWD for the delivery of a minimum of 394 acre-feet per year of tertiary treated effluent when available from LCWD for the project; WHEREaS, all parties believe development of Actual Yield (defined below) will benefit the local community within CMWD and the region served by MWDt WHEREAS, CHWD is empowered under Section and following of the Water Code to enter into contractcr necessary to carry out its powers ahd purposes; WHEREAS, MWD desires to assist in increasing the distribution of Reclaimed Water that would not otherwise occur through the Project, by agreeing with CMWD to buy, at a purchaae price 8Stabllshed herein which nay be adjusted from time to the, the Actual Yield of We Project and by selling said Actual Yield back to CMWD through SDCWA at rates to be set by MWD and SDCWA from time to timet WHEREAS, SDCWA desires to participate in nnd affirmatively support the Project by purchasing the Actual Yield of the Project from MWD and reselling said Actual Yield to ClrlWD; WHEREAS, CMWD believes the contribution of MWD toward the cost of the Project, in the form of the purchase of the ActuaL Yield by MWD, Will make the O~erZttiOn of the Project cost-effective, and thus desires to cornonit to repurchase said Actual Yield frcm MWD through SDCWA at rates ta be set by HWD and S-A, respectively, from time to time; WHEREAS, the Project Will produce Actual Yield to NWD which will correspondingly reduce demand of SDCWA fox water supply trom MWD; WHEREAS, the Project, when fully developed, is estimated a8 being capable of distributing up to 2,048 acre- feet per year of Reclaimed Water; NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the parties do agree as follows: &%tion 1: Definitions, The following words and tenus, unless otherwise rxpressly defined in their context, shall be defined to mean: 1.1: #Actual Yield" shall mean the actual amount of Reclaimed Water which is delivereU by CMWD from the Project in any given year and available far sale by CXWD to MWD and resale by MWD to SDCWA as a member agency. shall exclude any Reclaimed Water MWD reasonably determines will not reduce SDCWA's demand for supply of potable water from MWD. Further, "Actual Yield" shall exclude any Reclaimed "Actual Yield" Water produced and/or delivered by those components of the project for which CMWD has not complied with CEQA. 1.2: YProjectn shall mean the "Encina Basin Water Reclamation Project Phase In being designed and developed by CMWD, consisting of distribution facilities capable of meeting an average demand for 2,049 acre-feet of Reclaimed Water per year, and more particularly defined in Exhibit 'lA.II 1.3: "Reclaimed water" Bhall mean subpotable water reclaimed from sewage which is not usable for human consumption, but subject to water quality standards and regulatory agency approval is usable far limited special purposes such as freeway, greenbelt, golf course and agricultural irrigation uses. 1.4: ntReclairned water ratew shall mean those amounts which are charged by MWD and SDCWA, respectively, pursuant to the discretionary rate-setting authority of their Boards of Directors from time to the for the class of water produced by this Project an8 projects under the Local Projects Program (hereinafter 5PPVI) 1.51 "End user" shall mean each of the ultimate users of Reclaimed Water furnished by this Project. 1.6: %PP Contribution" shall mean the net financial alnount, on a per acre-foot basis, contributed by MWD to projects which participate in the LPP. shall be a payment of $154 per acre-foot. in the LPP Contribution by the MWD's Board of Directors may The LPP Contribution A future increase -6- apply to this Agreement if CMWD demonstrates to the satisfaction of MWD's General Xanzrger a need for the increase in the LPP Contribution and guarantees production and reuse of a certain annual amount of reclaimed water. in considering eligibility for any increase in the LPP contribution will be if the cost of producing the reclaimed water exceeds the applicable MWD noninterruptible rate and whether an increase is needed to achieve a guaranteed level of production. -iect Derc riDt ion. Primary factors All of the principal elements of the Project are more particularly described in the sununary and map, attached hereto as Exhibits reference. Sect= 3 : Warranties. and "B," and incorporated herein by this I 3.1: CMWD, through agreements with WD and LCWD warrants that it has a firm source of effluent water adequate to operate the Project; 3.2: WD warrants that it is able and has a right to sell such Actual Yield as it produces from the Project. 3.3: CMWD warrants that it does not discriminate against employees or against any applicant for employment because of ethnic group identification, religion, age, rex, color, national origin, or physical or mental disability and further warrants that it requires all contractors and consultants performing work on the Project to comply with all laws and regulations prohibiting discrimination against employees or against any applicant for employment because of ethnic group identification, religion, age, sex, color, national origin, or physical or mental disability. 3.4: CMWD warrants that it will comply with the provisions of CEQA prior to commencing construction of each component of the Project. the completed environmental documentation far each component of the Project, and shall demonstrate to the satisfaction of MWD's General Manager that the CEQA has been complied with before MWD will be obligated to make any payments under this agreement for Reclaimed Water produced and/or delivered by that component. tian 4: Co nsfZu&ion Resnonoihilitiea. CMWD will furnish WO a copy of ..e. CMWD shall be solely responsible for all design, environmental proceedings, right-of-way acquisitions, permits and construction of the Project and all modifications thereof. the Project. section 5 : CMWD shall be responsible €or all capital costs of Ownershin of Pacim. CMWD shall be the sole and exclusive owner of all Project facilities, except for Project facilities which may be installed within the boundaries of End User's property. MWD and SDCWA shall have no ownership right, title, security interest or other interest in any Project facilities, nor any rights, duthr or responsibilities for operation and -8- maintenance thereof. shall be in the form of an entitlement to purchase the Actual Yield generated by the Project and to sell the Actual Yield ab set forth in Sactions 7 and 8 hereof. Sqct- rratina Res~onsibilities. The sole right and obligation of MWD 6.1: CWD skin11 be solely responsible for the operation and maintenance of all components of the Project, including, but not limited to, obtaining and providing Reclaimed Water as a supply for the Project, and for distribution and delivery of Reclaimed Water to all End Users. CMWD shall provide metering devices, to be awned, operated and maintained by CMWD, for the purpose of measuring the quantity of Actual Yield delivered to each End user. 6.2: WD agrees to properly operate, maintain, replace as necessary, and inspect the facilities comprising the Project, regularly and in accordance with all applicable state and federal laws, rules, regulations, and guidelines for the term of this Agreement. 6.3: CMWD shall, at all times during the term of this Agreement, use its best efforts to operate the Project facilities in accordance with generally accepted professional standards and maintenance and operation principles, and in such manner as to provide service to existing and future End Users on a fair and equitable basis. 6.4: CMWD shall at all times during the term of this Agreement provide sufficient qualified personnel to properly -9- operate and maintain Project facilities. meet applicable certification requirements of the pertinent regulatory agencies. Such personnel shall 6.5: CMWD shall insure that all Reclaimed Water produced and delivered by the Project io used in compliance with all applicable federal, state and local statutes, ordinances, regulations and other requirements, and shall further insure that connections to the Reclaimed Water system are properly designed and constructed. 606: CMWD shall make available for inspection to WD and SDCWA upon reasonable advance notice, all records, books and other documents relating to the operation of the Project. 3al ch se of Y ield. MWD shall purchase the Actual Yield from CMWD provided that, unless agreed otherwise in writing, MWD ahall not be obligated to purchase in excess of 2,049 acre-feet delivered by the Project in any one Mwp fiscal year (July 1 - June 30). 7.1: 7.2: MWD's purchase price shall be the sum of MWD's reclaimed water rate plus the LPP Contribution determined in accordance with Section 1.4 and 1,6. 7,3: CMWD shall determine at the beginning of each month the quantity of reclaimed water billed to its customers during the preceding month and shall invoke BWD monthly for the Actual Yield. No minimum amount of Actual Yield is guaranteed. -10- SEP 17 '5.2 87:42 PLAN~IG F. 1&24 7.4: MWD shall pay CMWP for invoiced Actual Yield Payment shall within 45 day6 of receipt of CMWp's invoice, be by means of a Credit to C#WD on the next billing MWD makes ta SDCWA- If payment is not nade by MWD to SMA within said 45 days, it shall thereafter draw interest at a rate equivalent to the average interest MWD earns on its own invested funds during the time.period payment is delayed beyond 45 days, 7.5: Upon issuance of the creUit, the Actual Yield shall, solely for purposes of billing and accounting, be deemed sold to MWD. not affect CMWD's obligations undrr Section 11. Section 8 : Resale Of Actual Yield to SWA and cMW D. Sale of water to MWD and SDCWA shall 8.1: Pu rchase by Sm. NWD agrees to resell the Actual Yield to SDCWA simultaneously with MWD's purchase of respective Actual Yield from CMJD. SDCWA agrees to purchase that Actual Yield from WD at MWD's reclaimed water rate determined in accordance vith Sections 2-40 8.2: pure hase bv C!l@f&. SDCWA agrees in turn to resell the Actual Yield to CMWD simultaneously with its purchase of that Actual Yield from MWD pursuant to Section 8.1. CMWD agrees to purchase that Actual Yield from SDCWA at a rate equal to SDCWAls reclaimed water rate determined in accordance with Section 1.4. -11- 8.3: Process. Upon receiving the MWD billing, SDCWA shall include the full amount of each CMWD credit on its next billing to CMWD. Actual Yield has been resold to CMVD by debiting CMWD for such Actual Yield in accordance with the purchase price set forth in Sections 1.4 and 8.2. Such Actual Yield shall be deemed resold by SDCWA to CEIWD as of the date of SDCWA's billing. On that %-e CMWD billing, SDCWA shall show that the 8.4: Des Ouarrtiong. Nothing contained herein shall be deemed to modify WD obligatiOn8, if any, established by law or contract to supply water to SDCWA for domestic and municipal use within HWD's service area. Section 9 : Proiect Water Rates. 9.1: The Board of Directors of WD shall set reclaimed water rates to be charged for the sale of the reclaimed water ganerateci by this and similar projects. These rates may be changed from time to time by said Board, 9.2: The Board of Directors of SDCWA shall set reclaimed water rates to be charged for the sale of the reclaimed water purchased from HWD pursuant to this Agreement. by said Board. These rates may be changed from time to time 9.3: The rates set by CMWD for subpatable water service shall be set in its sole Uiacretion. P . 16/24 mctbn 10: Term and -endmmIts* 10.1: The tom of this Agraemant shall be seven (7) years from the date CMWD notifies HWD that the Project has begun operations, 10.2: !Phis Agreement may be amended at any time by the written mutual agrement of the parties. . .. section 11: Hold Hem le e s ana Liabilitv. QlrnD agrees at its sole cost and expense to defend and hold MWD and SDCWA hamless from any clah and any and all liability, including but not limited to, liability due t9 water quality, which may arise out of C!MWDBs approval of, and subsequent construction and operation of the Project or out of the ownership of the Project, and will save and defend HWD and SDCWA and their officers, agents, and employees free from any claims for injury, including death or darnage to property, or injury (including death or damage) due to water quality arising out of the construction, operation, or ownership of the Project. loss related to any claim made, whether or not a court action is filed, and shall include attorney fees, administrative and overhead casts, engineering and consulting fees and all other costs related to or arising out of such claim of Liability. Section 12: Notice, Any notice, payment or instrument required or Such indemnity shall include all pemitted to be given hereunder shall be deemed received upon personal delivery or 24 hours after depodt in any United -13- . States post office, first class postage prepaid and addressed to the party for whom intended, as follows: If to MWD: The Metropolitan Water District 1111 Sunset Boulevard Post Office Box 54153 Los Angeles, California 90054 of Southern California Attention: General Manager If to SDCWA: San Diego County Water Authority 3211 Fifth Avenue San Diego, Califor+ 92103 Attention: General Manager If to CMWD: Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92098 Attention: General Manager Any party my change such address by notice given to each of the other parties as provided in this section. Beetion 13: su ccessors u nd Assicr ns . This Agrement shall inure to the benefit of and be banding upon the successors and assigns of the parties hereto. from the Parties. No assignment shall be made without written agreement ction 14: Severability. The partial or total invalidity of one or more -14- sections of this Agreement shall not affect the validity of this Agreement. Section : Intearatioq, This Agrement comprises the entire integrated understanding between the parties concerning the Encina Basin Water Reclamation Project Phase I, and supersedes all prior negotiations, representations, or agreements. Sect ion I6: GO vtrnlnu La W. The law governing this agreement shall be the laws of the state of California. IN WITNESS WHEREOF', the parties hereto have executed this Agreement effective as of the date first hereinabove written. APPROVED AS TO FORH: By: APPROVED AS TO FORM: By: APPROVED As TO FORM: By: BWBNCIN2 "E METROPOLITAN WATER DISTRICT OF SOUTHERN CALXFORNIA SAN DIEGO COUNTY WATER AUTKORITY By: CARLSBAD MUNICIPAL WATER DISTRICT By: -15- EXHIBIT A ENCIM l3ASl: N WATER RECLAMATIO N PROJECT PW.E I PROGRAM .. Project Deoc~ntion QYe€!mE Phase I af the Encina Basin Water Reclamation Project (Project) is a municipal wastewater reuse project sponsored by the San Diego County Water Authority (SDCWA) and will be ovnecZ and oparated by the Carlsbad Municipal Water District (CMWD). The project is expected to produce about 2,049 acre-feet per year (AFY) of "new water" for landscape, school, park, freeway, golf course and agricultural uses. The Project is Located entirely within the CMWD's service area famediately south af Palomar Airport Road and west of El Camino Real. The City of Carlsbad has developed the Carlsbad Water Rechmation Master Plan to increase the use of reclaimed water vithin the City. City's first step in implementing the Master Plan. Construction of this Project will be the BoUrar of Bo ala imod Water The Meadowlark Water Reclamation Facility (MWRF) and the Gafner Water Reclamation Plant (GWRP) will be the sources of aupply for the Project. The MWRF has a capacity of 2.0 mgd of tertiary treatment and meets all Title 22 requirements the uses intended as pa* of this project. MWRF ir; owned operated by the Vallecitas Water District (VWD) which is P .20)'24 for and located generally ea8t of the CMWD. capacity of 0.75 mgd of secondary treatment and will be upgraded to meet all Title 22 requirements. GWRP is owned and operated by the Leucadia County Water District (LcwD) which is located generally south of the CMWD. The GWRP has a current CMWD has executed a contract with VWD to purchase up to 2,240 AFT of reclaimed water from the MWRF for this project.. via VWD's fail-safe pipeline. The water will be delivered to CMWD's pump station CMWD has also e%ecuted a separate agreement with 394 AFY of reclaimed water from the CWRP. This water will be delivered via an existing pipeline to a storage pond at the La Costa Golf Course (South Course), for the delivery of a minium of The distribution system will consist of improvements to the existing Mahr Reservoir, construction of a pump station, conversion of two potable water reservoirs to reclaimecl water reservoirs, construction of distribution system pipelines, and installation of potable water pipelines to replace pipelines that will be converted to weclafraed water we, The imaprovenrents*to Kabr Rgservoir will include -2- modifications to the WID'S existing effluent pump station, installation of a pressure screen and screening rejection pipelhe, construction of a diversion structure, and installation of electrical and instrumentation equipment., Facilities necessary to serve the Aviara Development include a pump station, conversion of existing potable water reservoirs and pipelines to reclaimed water use, and replacement of sections of the potable water pipelines converted to reclailaed water use. deliver reclaimed water from the fail-safe line at El Camino Real to the reclaimed water reservoirs via 5,366 feet of 12-inch diameter pipeline. converted to reclaimed water UB~. Approximately 3,054 feet of 12 and 16-inah potable water pipeline will be installed to replace the pipeline converted to reclaimed water use. The pup etation will h~o storage reservoirs will be The facilities necessary to deliver reclaimed water to the flower growers and CalTrans include conversion of existing potable water pipelines to realaimed wuter use, installation of a potable water pipeline to continue supplies to existing potable water users, and construction of pipelines to deliver reclahed water to the project's proposed End Users. will be converted to reclaimed water use. This pipeline extands from the convexted reservoirs to Palmar Airport Road. Approximately 1,200 feet of 4-inch and 1,500 feet of About 5,400 feet of existing potable water pipeline -3- lO-inch pipeline will be constructed to continue service to potable water u6ers in the immediate area. In addition, approximately 6,195 feet of, 8 and 12-inch pipeline Vi11 be constructed to delivery Reclaimed Water to agricultural users along College Boulevard and CalTrans at Interstate 5, Existing facilities will be used to deliver reclaimed water to the La Costa Golf Course (North and South courses) Tkre five End Users served by the distribution system Table 1 is will use about 2,049 acre-feet of water per year, a list of the End Users a d their annual reclaimed water demand. n Table 1 End Wmrs and Amount of Roclaingg water *Q be Delivered End User Anrount Aviara Development CalTrans ~a Costa Golf course1 Carlsbad Ranch Growers 677 AFY 78 AFY 637 MY 187 AFY 470 ?@Y Historically, the La Costa Golf Course received ndnor amounts of Reclaimed Water for irrigation. -4- The Planning Commiseion of the City of Carlsbad has approved a Mitigated Negative Declaration (MND) for the Project based on the Commission's determination of the Project's consistency with the City's General Plan. HND was apprmed by the Carlsbad City Council as Resolution No. 2925 on April 4, 1990, As a condition of mitigation a detailed environmental review of the proposed facilities such as underground storage reservoirs,.pump stations, and pipeline6 is required. underway and is being conducted in stages as the project's design is completccd. prepared for the Aviara Development which included the pump station at El Ciamino ~eal. ~lao a Negative Declaration for the 12" force main has been issued by the City of Carlsbad. The This detailed review is currently An Environmental Impact Report was -5-