HomeMy WebLinkAboutResolution 2008-120 partial assumption of rights and assumption of obligations for the central arizona projectMARANA RESOLUTION N0.2008-120
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
A PARTIAL ASSIGNMENT OF RIGHTS AND ASSUMPTION OF OBLIGATIONS OF CEN-
TRAL ARIZONA PROJECT MUNICIPAL AND INDUSTRIAL WATER SERVICE SUBCON-
TRACT AND AN AGREEMENT AMONG THE UNITED STATES, THE CENTRAL ARIZONA
WATER CONSERVATION DISTRICT, AND THE TOWN OF MARANA; AND DECLARING
AN EMERGENCY.
WHEREAS the Town of Marana and Flowing Wells Irrigation District desire to finalize the
assignment of-1,481 acre feet of Central Arizona Project Water from Flowing Wells Irrigation Dis-
trict; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of
the public to finalize this assignment.
NOW, THEREFORE, BE IT' RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION I : The Partial Assignment of Rights and Assumption of Obligations of Central
Arizona Project Municipal and Industrial Water Service Subcontract between the Town of Marana
and Flowing Wells Irrigation District attached to and incorporated by this reference in this resolution
as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana:
SECTION 2. The Agreement among the United States, the Central Arizona Water Conserva-
tionDistrict and the Town of IVlarana attached to and incorporated by this reference in this resolution
as Exhibit B is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf
of the Town of Marana.
SECTION 3. The Town's Manager and staffare hereby directed and authorized to undertake
all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of
these agreements.
SECTION 4. Since it is necessary for the preservation of the peace, health and safety of the
Town of Marana that this resolution become immediately effective, an emergency is hereby declared
to exist, and this resolution shall be effective immediately upon its passage and adoption.
PASSED and ADOPTED by the Mayor and Council of the Town. of a, Arizona, this
16th day of September, 2008. ~,~~~~1~11Irrf,
''~"p~,~aeno~.~,~ ~ ayor Ed Hones
PARTIAL ASSIGNMENT OF RIGHTS AND ASSUMPTION OF
OBLIGATIONS OF CENTRAL ARIZONA PROJECT
MUNICIPAL AND INDUSTRIAL WATER SERVICE SUBCONTRACT
THIS PARTIAL ASSIGNMENT is made and entered into this ~~~' day of
c~
'~~•~~'' ~'~, , 200', by and between Flowing Wells hrrigation District ("FWID"), and the
Town of Marana, a municipal corporation of the State of Arizona (the "Town").
RECITALS
A. On or about September 10, 1986, FWID, the United States of America,
hereinafter referred to as the "United States", acting through the Secretary of the Interior, and the
Central Arizona Water Conservation District, entered into a subcontract for the delivery of
municipal and industrial ("M&I") water from the Central Arizona Project ("CAP") in the amount
of 4,354 acre-feet per annum titled, "Subcontract Among the United States, the Central Arizona
Water Conservation District, and the Flowing Wells Irrigation District, Providing for Water
Service," Subcontract No. 6-07-30-W0142 (the "FWID Original Subcontract").
B. On or about March 29, 2007, FWID, the United States, acting through the
Secretary of Interior, and the Central Arizona Water Conservation District, entered into an
amended subcontract for the delivery of M&I water from the CAP in the amount of 4,354 acre-
feet per annum, titled "Subcontract Among the United States, the Central Arizona Water
Conservation District, and Flowing Wells Irrigation District, Providing for Water Service,
Central Arizona Project," Subcontract No. 07-XX-30-W0465 (the "FWID Amended
Subcontract").
C. On or about April 6, 1999, Cortaro-Marana Irrigation District, an Irrigation
District and political subdivision of the State of Arizona, assigned its CAP M&I entitlement of
47 acre-feet per annum to the Town.
D. On or about October 12, 1999, the Town, the United States, acting through the
Secretary of the Interior, and the Central Arizona Water Conservation District, entered into a
subcontract for the delivery of M&I water from the CAP in the amount of 47 acre-feet per
annum titled, "Subcontract Among the United States, the Central Arizona Water Conservation
District, and the Town of Marana, Providing for Water Service, Central Arizona Project,"
Subcontract No. 00-XX-30-0003 (the "Town's Original Subcontract").
E. On or about March 29, 2007, the Town, the United States, acting through the
Secretary of the Interior, and the Central Arizona Water Conservation District, entered into an
amended subcontract for the delivery of M&I water from the CAP in the amount of 47 acre-feet
per annum, titled "Subcontract Among the United States, the Central Arizona Water
Conservation District, and the Town of Marana, Providing for Water Service, Central Arizona
Project," Subcontract No. 07-XX-30-W0470 (the "Town's Amended Subcontract")
F. On or about June 27, 2003, FWID and the Town entered into a Water
Development Agreement whereby FWID agreed to cooperate and assist the Town in securing a
permanent assignment of a portion of FWID's M&I CAP water entitlement to the Town.
G. FWID has agreed to assign and transfer to the Town a portion of its entitlement to
CAP M&I water. FWID has agreed to assign and transfer to the Town its entitlement to 1,481
acre-feet of CAP M&I water under the FWID Amended Subcontract.
H. Article 6.7 of the FWID Amended Subcontract provides that the provisions of the
subcontract shall apply to and bind the successors and assigns of the parties to the subcontract,
but that no assignment of any portion of, or interest in, the subcontract will be valid until
approved by the United States.
2
AGREEMENT
FWID hereby assigns, transfers, and conveys to the Town all its rights, title, and
interest in and to 1,481 acre-feet per annum of CAP M&I water to which FWID is entitled under
the terms of the FWID Amended Subcontract.
2. The Town has read the FWID Amended Subcontract, knows the contents and
requirements thereof, and accepts the assignment of 1,481 acre-feet per annum of CAP M&I
water under the terms of the FWID Amended Subcontract, assumes the obligations thereof,
including without limitation the obligation to pay any and all amounts due under the FWID
Amended Subcontract with respect to the 1,481 acre-feet per annum of CAP water assigned and
agrees to be bound by all terms and conditions of the FWID Amended Subcontract.
The Town agrees to execute an amendment to the Town's Amended Subcontract
increasing its annual entitlement to CAP M&I water by 1,481 acre-feet per annum. FWID
agrees to execute an Amendment to the FWID Amended Subcontract reducing its entitlement to
CAP M&I water by 1,481 acre-feet per annum.
4. This Agreement shall not become effective until all of the following conditions
have occurred:
(a) This Agreement has been fully executed by all parties.
(b) This Agreement and related documents have been reviewed by the
Arizona Department of Water Resources as provided by law.
(c) The Central Arizona Water Conservation District and the United States,
acting through the Secretary of the Interior, have both approved this Agreement, which shall be
evidenced by the signatures of their respective representatives on the attached Approval.
(e) The Town has executed an amendment to the Town's Amended
Subcontract increasing its annual entitlement to CAP M&I water by 1,481 acre-feet.
3
(f) The amendment of the Town's Amended Subcontract has been validated
in accordance with A.R.S. § 48-3731.
(g) FWID has executed an amendment to the FWID Amended Subcontract
reducing its entitlement to CAP M&I water by 1,481 acre-feet per annum.
(h) The amendment to the FWID Amended Subcontract has been validated in
accordance with A.R.S. §48-3731.
Notwithstanding Section 4 of this Agreement, for purposes of entitlement to CAP
water and payment of CAP M&I capital charges, this Agreement shall be effective upon its
execution by FWID and the Town.
6. The parties have complied with A.R.S. §45.107.D.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above-written.
Attest: ~ 4'~~
Title: Z-
~ O
At st•
. ~
Title:
Approved as to form:
d~ ~~~~
FLOWING WELL IRRIGATION
DISTRICT
By: ~'ti _ ~__ ~~~.._._'~ --s--~-~ ..~
~ ~
Title: ~hGo~~~-tom
TOWN OF MARANA
4
y~
Title: /`~ ll ~` ~ ~~~~----'"
APPROVAL
The undersigned, pursuant to Article 6.7 of the Subcontract, on behalf of the United
States of America, acting through the Secretary of Interior, and the Central Arizona Water
Conservation District hereby approve the foregoing Agreement in accordance with its terms.
Legal Review and Approval
By:
Phoenix, Arizona
Attest: z -~-
Secretary
THE UNITED STATES OF AMERICA
By: ,
egional Director
Lower Colorado Region
Bureau of Reclamation
CENTRAL ARIZONA WATER
CONSERVATION DISTRICT
By:
esI ent .-
P:~Iviy Documents~ASSIGNMENTS OF RIGHTS AND ASSUMPTIONS\FWID Assignment - Marana.doc
221
5
AGREEMENT AMONG THE UNITED STATES,
THE CENTRAL ARIZONA WATER CONSERVATION DISTRICT,
AND THE TOWN OF MARANA
AMENDMENT NO. 1 TO AMENDED WATER SERVICE SUBCONTRACT
.~~1~da of ~t~1'~~l't~t'~ , 20OS
THIS AGREEMENT is made and entered into this ~ ;,~ y ,
by and among the United States of America, hereinafter referred to as the "United States," acting
through the Secretary of the Interior, the Central Arizona Water Conservation District (the
"Contractor"), and the Town of Marana (the "Subcontractor")
RECITALS
A. On or about April 6, 1999, Cortaro-Marana Irrigation District, an Irrigation
District and political subdivision of the State of Arizona assigned its Central Arizona Project
("CAP") municipal and industrial ("M&I") entitlement of 47 acre-feet per annum to the
Subcontractor.
B. On or about October 12, 1999, the Subcontractor, the United States, acting
through the Secretary of the Interior, and the Contractor, entered into a subcontract for the
delivery of M&I water from the CAP in the amount of 47 acre-feet per annum titled,
"Subcontract Among the United States, the Central Arizona Water Conservation District, and the
Town of Marana, Providing for Water Service, Central Arizona Project," Subcontract No.
00-XX-30-0003 (the "Original Subcontract").
C. On or about March 29, 2007, the Subcontractor, the United States, acting through
the Secretary of the Interior, and the Contractor entered into a "Subcontract Among the United
States, the Central Arizona Water Conservation District, and the Town of Marana, Providing for
Water Service, Central Arizona Project," Subcontract No. 07-XX-30-W0470 (the "Town's
Amended Subcontract")
D. On or about September 10, 1986, Flowing Wells Irrigation District ("FWID"), the
United States, acting through the Secretary of the Interior, and the Contractor, entered into a
subcontract for the delivery of M&I water from the CAP in the amount of 4,354 acre-feet per
annum titled, "Subcontract Among the United States, the Central Arizona Water Conservation
District, and the Flowing Wells Irrigation District, Providing for Water Service," Subcontract
No. 6-07-30-W0142 ("FWID's Original Subcontract")
E. On or about March 29, 2007, FWID, the United States, acting through the
Secretary of the Interior and the Contractor, entered into a "Subcontract Among the United
States, the Central Arizona Water Conservation District, and Flowing Wells Irrigation District,
Providing for Water Service, Central Arizona Project," Subcontract No. 07-XX-30-W0465 (the
"FWID Amended Subcontract"); and
F. The Subcontractor and FWID have executed a Partial Assignment of Rights and
Assumption of Obligations of Central Arizona Project Municipal and Industrial Water Service
Subcontract under which FWID has transferred its entitlement to 1,481 acre-feet of CAP M&I
water per annum under the FWID Amended Subcontract to the Subcontractor.
AGREEMENT
1. Amendment of Subarticle 4.12(a). Subarticle 4.12(a) of the Town's Amended
Subcontract is hereby amended to read as follows:
"4.12 Entitlement to Project Water.
(a) For the Year in which the Secretary issues the Notice of Completion of the
Water Supply System, the Subcontractor's entitlement to Project Water for
M&I uses shall be determined by the Contractor after consultation with the
Subcontractor and the Contracting Officer. Commencing with the Year
following that in which the Secretary issues the Notice of Completion of the
Water Supply System, the Subcontractor is entitled to take a maximum of
1,528 acre-feet of Project Water for M&I uses including but not limited to
underground storage."
2
2. Amendment of Subarticle 5.2(a). Subarticle 5.2(a) of the Town's Amended
Subcontract is hereby amended to read as follows:
"5.2 M&I Water Service Charges.
(a) Subject to the provisions of Article 5.4 hereof and in addition to the OM&R
payments required in Article 5.1 hereof, the Subcontractor shall, in advance
of the delivery of Project M&I Water by the United States or the Operating
Agency, make payment to the Contractor in equal semiannual installments of
an M&I water service capital charge based on a maximum entitlement of
1,528 acre-feet per year multiplied by the rate established by the Contractor
for that year."
3. The Subcontractor shall promptly seek a final decree of the proper court of the
State of Arizona decreeing and adjudging this Agreement to be valid and binding upon and
enforceable against the Subcontractor. The Subcontractor shall furnish the United States and the
Contractor a certified copy of such decree and of all pertinent supporting records. This
Agreement shall not become effective until such final decree has been entered and no further
appeal of that decree is possible.
4. This Agreement shall not become effective until all of the following conditions
have occurred:
(a) This Agreement has been fully executed by all parties.
(b) This Agreement has been validated in accordance with A.R.S. §48-3731,
as provided in paragraph 3 above.
(c) FWID has executed an amendment to the FWID Amended Subcontract
reducing its entitlement to CAP M&I water by 1,481 acre-feet per annum, and such amendment
has been validated in accordance with A.R.S. §48-3731.
5. Except as amended herein, all terms, conditions, and provisions of the Town's
Amended Subcontract shall remain unchanged and in full force and effect.
3
TOWN OF MARANA
Attest: By
~"
.~/ '
Title: /4'~~ ~a~~~ Title: ~~ C`~ti-
Approved as to Form
.~._..
own rney
Attest: `~' '-
Secretary
By
CENTRAL ARIZONA WATER
CONSERVATION DISTRICT
By:
es ent
THE UNITED STATES OF AMERICA
By:
Regional Director
Lower Colorado Region
Bureau of Reclamation
\\ocotillo\users\cvisconti\My Documents\AMENDMENTS TO WATER SERVICE SUBCONTRACT\Amendment No 1 to Town of Marana.doc
4
~~ENT Of T,y
APP ... =:` ~. •~ F~y~
United States Department of the Interior
(/1 4 0
= a BUREAU OF RECLAMATION
_ Phoenix Area Office
~4RCH 33 ~aA9 67150 West Thunderbird Road
IN REPLY REFER TO: Glendale, Arizona 85306-4001
PXAO-1500 OCT 1 4 ~~00
ENV-6.00
MEMORANDt1M
To: All Interested Persons, Organizations, and Agencies
From: Carol Lynn Erwin ~~~ ~,
Area Manager
,~
I ~',,,/r., .#
ii~i..~..~~~~,,
TAKE PRIDE'
~NAME>~aca
~=~~VED
~ ocr 1 s zoo9
t
I~~~.~________`
Subject: Finding of No Significant Impact (FONSI) for the Proposed Transfer of
1,481 Acre-Feet Annually of Central Arizona Project (CAP) Water Entitlement
from the Flowing Wells Irrigation District (FWID) to the Town of Marana
Utilities Department (THUD)
The Bureau of Reclamation is issuing a FONSI for the proposed transfer of 1,481 acre-feet
annually of CAP water entitlement currently held by FWID to TNIUD, both with water service
areas located in Pima County, Arizona. This water entitlement is excess to FWID's needs.
THUD will recharge this CAP water and accrue groundwater credits to offset its groundwater
pumping. No new facilities need to be constructed, and no land-disturbing activities will occur
as a direct result of Reclamation's approval of this transfer, FWID's continued use of
groundwater, and TMUD's recharge of the transferred entitlement.
Reclamation prepared an Environmental Assessment (EA) and draft FONSI and issued them
for public review and comment on August 24, 2009. The EA describes the existing affected
environment and anticipated environmental impacts from the proposed transfer. As explained
in the F,A, there is little difference between the future with the proposed transfer and the future
without the proposed transfer. No public comments have been received,
Having na additional issues to consider, Reclamation has made a final determination that the
FONSI is appropriate for the proposed action, and an environmental impact statement does not
have to be prepared. Reclamation will approve the following CAP water service subcontract
amendments: FWID's subcontract will be amended to reduce its entitlement to 2,854 acre-feet
annually. TMUD's subcontract will be amended to increase its entitlement to 1,528 acre-feet
annually. The FONSI and the EA are available on Reclamation's Phoenix Area Office Web site,
www.usbr.gov/lc/phoenix.
If you have any questions, please contact Ms. Eto of the Environmental Resource Management
Division at 623-773-6254. That you for your interest in this project.
DECONCINI MCDONALD YETWIN 8c LACY
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
2525 EAST BROADWAY BOULEVARD .SUITE 200 • TUCSON, ARIZONA 85716-5300
(520) 322-5000 • (520) 322-5585 (Fax)
EVO DeCONCINI (1901-1986)
DENISE M. BAINTON MARIAN G LALONDE
JOHN C. E. BARRETT MARK D. LAMMERS
JEANNETTE L BICKNER LISA SCHRINER LEWIS
ALICE W. CALLISON MATTHEW J. MANSFIELD
MICHAELA.CORDIER NANCY J. MARCH
BARRY M. COREY JOHN R. McDONALD
DENNIS DeCONCINI JARED C. PARKER
ANDREW Y. ERWIN ALYCE L. PENNINCTON
SHELTON L. FREEMAN JOHN C. RICHARDSON
HEATHER K. GAINES IRA M. SCHWARTZ
PETER B. GOLDMAN LISAANNE SMITH
NATHAN B. HANNAH SPENCER A. SMITH
IVAS.HIRSCH SESALYO.STAMPS
LAWRENCE D. HIRSCH GARY F. URMAN
JAMESA.JUTRY MICHAEL R. URMAN
KRISTEN B. KLOTZ RICHARD M. YETWIN
JOHN C. LACY
BARRON & POLK, P. L.L.C. - OF COUNSEL
JOHN H. BARRON, III
JAY M. POLK
BARRETT L. KIME - OF COUNSEL
SAR AJ. VANCE - OF COUNSEL
Katherine Ott-Verberg
Field Solicitor
U.S. Department of Interior
401 W. Washington Street, SPC 44
Phoenix, AZ 85003-2151
August 26, 2010
7310 N. 16TH STREET, SUITE 330
PHOENIX, ARIZONA 85020
(602)282-0500
FAX: (602)282-0520
19 WEST BIRCH AVENUE
FLAGSTAFF, ARIZONA 86001
(928)214-0466
FAX: (928)214-6212
6909 E. MAIN ST.
SCOTTSDALE, ARIZONA 85251
(480) 398-3100
FAX: (480)398-3101
1680 DUKE STREET, THIRD FLOOR
ALEXANDRIA, VA 22314
(703)838-6200
FAX: (202) 315-3600
www.deconcinimcdonald.com
PLEASE REPLY TO TUCSON
smith@dmyl.com
Re: Amendment No. 1 to Agreement Among the United States, Central Arizona
Water Conservation District and the Town of Marana dated December 28, 2009
Dear Ms. Ott-Verberg:
Enclosed for your records is a copy of the Petition for Validation of Amendment to
Central Arizona Project Subcontract, which was filed in the Superior Court of the State of
Arizona, Pima County, Case No. C2010 3017, and a certified copy of the Judgment of the Court
as required by paragraphs 3 and 4(b) of the Amendment to the Subcontract.
Do not hesitate to contact me if you have any questions regarding these documents or if
you need anything further.
Very truly yours,
Spencer A. Smith
rl
enc
c: Frank J. Cassidy
Dorothy O'Brien
I: \FILES\DOCS\TOWN09\280935\LTR\KG65 83. DOC
DECONCINI MCDONALD YETWIN ~c LACY
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
2525 EAST BROADWAY BOULEVARD • SUITE 200 . TUCSON, ARIZONA 85716-5300
(520) 322-5000 • (520) 322-5585 (Fax)
EVC
DENISE M. BAINTON
JOHN C. E. BARRETT
JEANNETTE L. BICKNER
ALICE W. CALLISON
MICHAEL A. CORDIER
BARRY M. COREY
DENNIS DeCONCINI
ANDREW Y. ERWIN
SHELTON L. FREEMAN
HEATHER K. GAINES
PETER B. COLDMAN
NATHAN B. HANNAH
IVA S. HIRSCH
LAWRENCE D. HIRSCH
JAMES A. JUTRY
KRISTEN B. KLOTZ
JOHN C. LACY
~ DeCONCINI (1901-1986)
MARIAN C. LALONDE
MARK D. LAMMERS
LISASCHRINER LEWIS
MATTHEW J. MANSFIELD
NANCY J. MARCH
JOHN R. McDONALD
JARED C.PARKER
ALYCE L PENNINCTON
JOHN C. RICHARDSON
IRA M. SCHWARTZ
LISAANNE SMITH
SPENCER A. SMITH
SESALY O. STAMPS
GARY F. URMAN
MICHAEL R. URMAN
RICHARD M. YETWIN
August 26, 2010
7310 N. 16TH STREET,SUITE330
PHOENIX, ARIZONA 85020
(602)282-0500
FAX: (602)282-0520
19 WEST BIRCH AVENUE
FLAGSTAFF, ARIZONA 86001
(928)214-0466
FAX: (928)214-6212
BARRON & POLK, P.LLC. - OF COUNSEL
JOHN H. BARRON, III
JAY M.POLK
BARRETT L. KIME - OF COUNSEL
SARAJ. VANCE - OF COUNSEL
Sheila Brenneman
Senior Paralegal
Central Arizona Project
P.O. Box 43020
Phoenix, AZ 85080-3020
6909 E. MAIN ST.
SCOTTSDALE, ARIZONA 85251
(480) 398-3100
FAX: (480)398-3101
1680 DUKE STREET, THIRD FLOOR
ALEXANDRIA, VA 22314
(703)838-6200
FAX: (202)315-3600
www.deconci nimcdonald.com
PLEASE REPLY TO TUCSON
ssmith@dmyl.com
Re: Amendment No. 1 to Agreement Among the United States, Central Arizona
Water Conservation District and the Town of Marana dated December 28, 2009
Dear Sheila:
Enclosed for your records is a copy of the Petition for Validation of Amendment to
Central Arizona Project Subcontract, which was filed in the Superior Court of the State of
Arizona, Pima County, Case No. C2010 3017, and a certified copy of the Judgment of the Court
as required by paragraphs 3 and 4(b) of the Amendment to the Subcontract. The time for appeal
of the Marana validation will expire on September 16, 2010.
Do not hesitate to contact me if you have any questions regarding these documents or if
you need anything further.
Very truly yours,
Spencer A. Smith
rl
enc
c Frank J. Cassidy
Dorothy O'Brien
I:\FILES\DOCS\TOWN09\280935\LTR\KG6572.DOC
~_ .,
1
2
3
4
5
6
7
8
9
10
11
12'
13
14
15
16
17
18.
191
20
21
22
23
24
25
26
l,~
DECONCINI MCDONALD YETWIN & LACY, P.C. `~ ' '
2525 EAST BROADWAY BLVD., SUITE 200 ~ ` ~.~ ; . ~U ..
Tucson, AZ 85716-5300
(520) 322-5000 r
,:,:_.
Spencer A. Smith (AZ # 7277)
Attorneys for Petitioner
IN THE SLTPE O COURT F THE STATE OF ZONA
IN AND FOR THE COUNTY OF PIMA
1N RE THE VALIDATION OF
AMENDMENT NO. 1 TO THE
SUBCONTRACT AMONG THE
UNITED STATES, THE CENTRAL
ARIZONA WATER CONSERVATION
DISTRICT AND THE TOWN OF
MARANA
NO. C2010 3017
JUDGMENT VALIDATING CENTRAL
ARIZONA PROJECT AMENDER
SUBCONTRACT
Assigned to: Hon. Carmine Carnelio
This matter having duly and regularly come on for hearing before this Court on the
16th day of August, 2010, in the matter of the Town of Marana's Petition pursuant to
A.R.S. § 48-3731, et seq., and said Petition having been reviewed by the Court,
NOW THEREFORE, the Court finds as follows:
1. This Court has jurisdiction over this proceeding pursuant to A.R.S. §.48-3731,
et seq.
2. The proceedings had for the organization of Petitioner, the Town of Marana,
are in compliance with all applicable laws of the State of Arizona, and the Town of Marana
is an Arizona municipal corporation duly organized and existing under the laws of the State
of Arizona.
3. The proceedings leading up to Amendment No. 1 to Amended Water Service
Subcontract, which Amendment No. 1 is dated December 28, 2009, amending that certain
contract for delivexy of water from the Central Arizona Project to the Town of Marana,
Contract No. 07-X~-30-W0470, entered into on March 29, 2007, among the United States
~~
U
a
~~
a N
~~J ~
"'G ~ O
~~o
m
3b~
~~~
~~~
A ~ °O
~~~
z~
o~~
Q~ o
~~H
~~
zN
O
U
w
Q
of America, the Central Arizona Water Conservation District and the Town of Marana, are
valid and in conformance with law.
4. The proceedings in connection with the fling of the Petition in this matter,
and the giving of notice of hearing thereon, comply with the provisions of Title 48, Chapter
22, Article 2, Arizona Revised Statutes, consisting of A.R.S. § 48-3731 through § 48-3734.
5. Said Amendment No. 1 to Contract No. 07-XX-30-W0470 is in substantial
compliance with the law.
6. Said Amendment No. 1 to Contract No. 07-XX-30-W04570 is valid and
binding upon and enforceable against the Petitioner, the Town of Marana.
IT IS THEREFORE ORDERED approving, ratifying, confirming and validating
Amendment No. 1 to the contract for the delivery of Central Arizona Project water,
Contract No. 07-XX-30-W0470, which Amendment No. 1 was entered into on December
28, 2009, among the United States of America, the Central Arizona Water Conservation
District and Petitioner, the Town of Marana.
IT IS HEREBY FURTHER ORDERED that said Amendment No. 1 to Contract No.
07-XX-30-W0470 is lawful, ~ (lid and binding upon the Town of Marana.
~, ,
DATED this day of August, 2010.
I:\FILESIDOCS\TOWN09\280935UaOC\JW 8083.DOC
In Re the Validation of an Amendment to the Subcontract Among the Flowing Wells Irrigation District, the Central
Arizona Water Conservation District and the United States of America
Case No. Page 2 of 2
1
2
3
4
5
6
7
8
9
10'.
11
12
13
14
15.
16
17
1$
19
20
21
22
23
24
25
26
Judge of the Superior Court