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HomeMy WebLinkAboutResolution 2003-033 IGA with various entities for managed recharge of in-channel effluent in the santa cruz riverMARANA RESOLUTION NO. 2003-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT REGARDING PERMITTING AND OPERATING MANAGED IN-CHANNEL RECHARGE O F EFFLUENT IN T HE SANTA CRUZ RIVER CHANNEL BETWEEN THE TOWN OF MARANA, CORTARO-MARANA IRRIGATION DISTRICT (CMID), AVRA VALLEY IRRIGATION AND DRAINAGE DISTRICT, FLOWING WELLS IRRIGATION DISTRICT, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, PIMA COUNTY, TOWN OF ORO VALLEY, THE CITY OF TUCSON, (COLLECTIVELY THE "LOCAL pARTIES") AND THE BUREAU OF RECLAMATION ("RECLAMATION"). WHEREAS, the Local Parties are empowered by A.R.S. Title 11, Chapter 1, Article 3 to enter into this Intergovernmental Agreement (IGA); and WHEREAS, the Local Parties, being located in the Tucson Active Management Area, rely on the same aquifers for water supplies and need a dependable long-term water supply for their residents and customers, have a community of health, safety and welfare concerns regarding the methods, manner and mechanisms for water management, including the storage and recovery of Effluent and the mechanisms required to successfully operate a recharge and recovery system. The Participants acknowledge that issues of Effluent water quality and water treatment are of importance to all water users in the region. The Participants further acknowledge that the region's water users would benefit from coordination of activities and planning in these areas; and WHEREAS, the Local Parties wish to operate an Effluent recharge and recovery system consistent with sound long-term aquifer management, preservation of groundwater quality and avoidance of the risk of subsidence; and WHEREAS, the Local Parties also wish to manage Effluent recharge and recovery activities in a manner to protect existing land uses and existing water supplies and to prevent and, where feasible, to remediate groundwater contamination. The Local Parties wish to recover Effluent credits within CMID and Marana in a manner that effectively utilizes existing water production assets available to CMID or Marana for recovery; and WHEREAS, the Local Parties wish to encourage sharing of data and coordination of research and planning activities regarding issues of water quality and water treatment related to the Facility; and Marana, Arizona Resolution No. 2003-33 1 of 4 WHEREAS, both the Local Parties and Reclamation have an interest in establishing a new managed in-channel recharge Facility along a certain stretch of the Santa Cruz River in order to establish additional control over the Effluent and to accrue underground storage credits for that recharged Effluent being discharged into the river channel; and WHEREAS, the Local Parties wish to facilitate, and Reclamation wishes to effectuate, the federal obligations to the Tohono O'odham Nation under the provisions of the 1982 Southern Arizona Water Rights Settlement Act ("SAWRSA"); and WHEREAS, Reclamation will use the benefits received to help meet the Federal obligations under SAWRSA; and WHEREAS, both the Local Parties and Reclamation wish to work cooperatively toward the management of their water supplies, including Effluent, and, in particular, to establish mutually acceptable principles for the storage and recovery of Effluent; and WHEREAS, CMID and Marana desire to operate the new managed in-channel recharge Facility pursuant to a joint facility application that the Local Parties have filed with the Arizona Department of Water Resources; and WHEREAS, the Local Parties and Reclamation may eventually consolidate the Facility with the existing facility permit numbered #71-545944 currently operated by the City of Tucson in order to form one continuous managed in-channel recharge facility within the channel of the Santa Cruz River and maximize storage of Effluent; and WHEREAS, the Mayor and Council find that the terms and conditions of the Intergovernmental Agreement are in the best interest of the Town. Marana, Arizona Resolution No. 2003-33 2 of 4 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Intergovernmental Agreement Regarding Permitting and Operating Managed In-Channel Recharge of Effluent in the Santa Cruz River Channel between the Town of Marana, Cortaro-Marana Irrigation District, Avra Valley Irrigation and Drainage District, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, Pima County, the Town of Oro Valley, the City of Tucson, and the Bureau of Reclamation attached hereto as Exhibit "1" and incorporated herein by this reference. Be it further resolved that the Mayor and Town Clerk are authorized to execute the Agreement, and the Town's Officers and Employees are authorized to take all steps necessary and proper to implement the Agreement and carry out its intent and purpose. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15TM day of April, 2003. ATTEST: ronson Mayor BOBBY SUTTON, JR. APPROV~.,D AS TO F~RM: ~el J. H[chuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2003-33 3 of 4 EXHIBIT "1" Marana, Arizona Resolution No. 2003-33 4 of 4 \ .. , sMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MARANA AZ 85653 DEPUTY RECORDER 9394 PE2 D~KET: 12066 ! J:: 3364 NO. OF PAGES: 49 SEQUENCE: 20031090898 06/06/2003 RES 16:02 F. ANN RODRIG~, RECORDER RECORDED BY: .; MAIL AMOUNT PAID $ 30.00 INTERGOVERNMENTAL AGREEMENT BY MULTIPLE PARTIES REGARDING PERMITTING AND OPERATING MANAGED IN-CHANNEL RECHARGE OF EFFLUENT IN THE SANTA CRUZ RIVER CHANNEL ~ 1 2 G ,...., 6 ."""' . , .., , I MARANA RESOLUTION NO. 2003-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT REGARDING PERMITTING AND OPERATING MANAGED IN-CHAN1\TEL RECHARGE OF EFFLUENT IN THE SANTA CRUZ RNER CHANNEL BETWEEN THE TOWN OF MARANA, CORTARO-MARANA IRRIGATION DISTRICT (CMID), A VRA V ALLEY IRRIGATION AND DRAINAGE DISTRICT, FLOWING WELLS IRRIGATION DISTRICT, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, PIMA COUNTY, TOWN OF ORO VALLEY, THE CITY OF TUCSON, (COLLECTNELY THE "LOCAL PARTIES") AND THE BUREAU OF RECLAMATION ("RECLAMATION"). WHEREAS, the Local Parties are empowered by A.R.S. Title 11, Chapter 1, Article 3 to enter into this Intergovernmental Agreement (IGA); and WHEREAS, the Local Parties, being located in the Tucson Active Management Area, rely on the same aquifers for water supplies and need a dependable long-term water supply for their residents and customers, have a community of health, safety and welfare concerns regarding the methods, manner and mechanisms for water management, including the storage and recovery of Effluent and the mechanisms required to successfully operate a recharge and recovery system. The Participants acknowledge that issues of Effluent water quality and water treatment are of importance to all water users in the region. The Participants further acknowledge that the region's water users would benefit from coordination of activities and planning in these areas; and WHEREAS, the Local Parties wish to operate an Effluent recharge and recovery system consistent with sound long-term aquifer management, preservation of groundwater quality and avoidance of the risk of subsidence; and WHEREAS, the Local Parties also wish to manage Effluent recharge and recovery activities in a manner to protect existing land uses and existing water supplies and to prevent and, where feasible, to remediate groundwater contamination. The Local Parties wish to recover Effluent credits within CMID and Marana in a manner that effectively utilizes existing water production assets available to CMID or Marana for recovery; and 1 ... . .. ... E E WHEREAS, the Local Parties wish to encourage sharing of data and coordination of research and planning activities regarding issues of water quality and water treatment related to the Facility; and - "'" .... r: Marana. Arizona Resolution No. 2003.33 lof4 WHEREAS, both the Local Parties and Reclamation have an interest in establishing a new managed in-channel recharge Facility along a certain stretch of the Santa Cruz River in order to establish additional control over the Effluent and to accrue underground storage credits for that recharged Effluent being discharged into the river channel; and WHEREAS, the Local Parties wish to facilitate, and Reclamation wishes to effectuate, the federal obligations to the Tohono O'odham Nation under the provisions of the 1982 Southern Arizona Water Rights Settlement Act ("SA WRSA"); and WHEREAS, Reclamation will use the benefits received to help meet the Federal obligations under SA WRSA; and WHEREAS, both the Local Parties and Reclamation wish to work cooperatively toward the management of their water supplies, including Effluent, and, in particular, to establish mutually acceptable principles for the storage and recovery of Effluent; and WHEREAS, CMID and Marana desire to operate the new managed in-channel recharge Facility pursuant to a joint facility application that the Local Parties have filed with the Arizona Department of Water Resources; and WHEREAS, the Local Parties and Reclamation may eventually consolidate the Facility with the existing facility permit numbered #71-545944 currently operated by the City of Tucson in order to form one continuous managed in-channel recharge facility within the channel of the Santa Cruz River and maximize storage of Effluent; and WHEREAS, the Mayor and Council find that the terms and conditions of the Intergovernmental Agreement are in the best interest of the Town. u "- , , Marana. Arizona Resolution No. 2003-33 2 of 4 , I NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town of Maran a, Arizona, accepting and authorizing the approval of the Intergovernmental Agreement Regarding Permitting and Operating Managed In-Channel Recharge of Effluent in the Santa Cruz River Channel between the Town of Marana, Cortaro-Marana Irrigation District, Avra Valley Irrigation and Drainage District, Flowing Wells Irrigation District, Metropolitan Domestic Water hnprovement District, Pima County, the Town of Oro Valley, the City of Tucson, and the Bureau of Reclamation attached hereto as Exhibit "1" and incorporated herein by this reference. Be it further resolved that the Mayor and Town Clerk are authorized to execute the Agreement, and the Town's Officers and Employees are authorized to take all steps necessary and proper to implement the Agreement and carry out its intent and purpose. PASSED AND ADOPTED by the Mayor and Council ofthe Town of Maran a, Arizona, this 15 TH day of April, 2003. ~,t"/A~~' hr Mayor BOBBY SUTTON, JR. ATTEST: . <<,,\ ,~~;::,;l!i' <^~':. .:, 0': Iti,..qr.:/~~ i,::~ ~\>'''''f..~~~,~~J'~;lp' ~ ~~' .~;-' ~~'i.~ .~;4e~ ~ :;: 2'~CGRf'uRATE'~S ~ ~.:: 000 ~ ~ .... ': ~r.:'i fI, 1" ::'1 ..... I':~("'" ....., 'iii"~;:: .-.;;z \~ ~~.:' ., ~-: ;: '~~:;.?:;~:~m.~~~~~. s,,~:~f! " .~',>.:,~?;\:~>'~,\~,'t ~ AS TS.X9RM: ;;:: /L/~_ ' ~aniel 1. Hochuli, Esq. -,.-.._-~~ As Town Attorney and not personally ~ ;:] 'J ...J u -" Marana, Arizona Resolution No. 2003-33 3 of 4 , \ ADOPTED BY THE MAYOR AND COUNCIL Y~f) ,,& "'M3 r~;\ (J ~ LJ;;' RESOLUTION NO. / q 5L/J.... RELATING TO WATER; APPROVING AND AUTHORIZING THE INTERGOVERNMENTAL AGREEMENT REGARDING PERMITTING AND OPERATING MANAGED IN-CHANNEL RECHARGE OF EFFLUENT IN THE SANTA CRUZ RIVER CHANNEL; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: SECTION I. The Intergovernmental Agreement Regarding Permitting and Operating Managed In-Channel Recharge of Effluent in the Santa Cruz River Channel, which Agreement is attached as Exhibit A, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute the Intergovernmental Agreement attached as Exhibit A for and on behalf of the City of Tucson, and the City Clerk is authorized and directed to attest to the same. 1 2 SECTION 3. The various City officers and employees are directed to perform all acts necessary or desirable to give effect to this resolution. SECTION 4. WHEREAS it is necessary for the preservation of the peace, b health and safety of the City of Tucson that this resolution become immediately {A0003527. DOC/} I \ ' I effective, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED BY THE MAYOR AND COUNCIL . OF THE CITY OF TUCSON, ARIZONA, -~!1 R' ~ 4 f\~"'3 ,[", f~' ,hl". ., ,.oiI 4r.~~ ~ MAYOR ATTEST: ~x!j);t;J CITY CLERK APPROVED AS TO FORM: REVIEWED BY: ~~:b.~ @ CITY ATTORNEY ~ I =r ~/ CIT'Y: J\N:GER CA:dc - , ....J 6 {A0003527. DOC/} 2 (\ i. Certificate of CCer{ · City of rr ucson · StIlte '!/ .,Krizo1tlJ Couoty '!/ (Pi1lt4 } ff I, Kathleen S. Detrick, the duly appointed and qualified City Clerk of the City of Tucson, Arizona, do hereby certify that the foregoing is a true and correct copy of Resolution No. 19542 which was passed and adopted by the Mayor and Council of the City of Tucson, Arizona, at a meeting held on March 24, 2003, at which a quorum was present, by the affirmative vote of not less than five-sixths of the Council, taken by ayes and noes. In Witness Whereof, I have hereunto set my hand and affixed the seal of the City of Tucson, Arizona on March 31, 2003. 1 - "... Total of 1- page(s) certified. (Exhibits not included) '!....l ~ "..., ..J cf~ J }Q;J;;;I Ci ty Clerk r 1 I. 'I RESOLUTION AND ORDER NO. 2003- ~ RESOLUTION BY THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN PIMA COUNTY, THE CORTARO-MARANA IRRIGATION DISTRICT, THE TOWN OF MARANA, THE A VRA VALLEY IRRIGATION AND DRAINAGE DISTRICT, THE FLOWING WELLS IRRIGATION DISTRICT, THE METROPOLITAN DpMESTIC WATER IMPROVEMENT DISTRICT, THE TOWN OF ORO VALLEY, THE CITY OF TUCSON, (COLLECTIVELY THE "LOCAL PARTIES"), AND THE BUREAU OF RECLAMATION FOR THE PERMITTING AND OPERATING A MANAGED IN-CHANNEL RECHARGE OF EFFLUENT IN THE SANTA CRUZ RIVER CHANNEL. WHEREAS, Pima County ("County") needs a dependable long-term water supply for its residents and has health, safety and welfare concerns regarding the methods, manner and mechanisms for water management, including the storage and recovery of effluent and the mechanisms required to successfully operate a recharge and recovery system; and, WHEREAS, County shares these interests and concerns with several other local parties which rely on the same aquifers for water supplies, including the City of Tucson, the Towns of Marana and Oro Valley, the Cortaro-Marana Irrigation District, the Avra Valley Irrigation and Drainage District, the Flowing Wells Irrigation District, the Metropolitan Domestic Water Improvement District and the Bureau of Reclamation; and, WHEREAS, County wishes to join with these other parties in an Intergovernmental Agreement governing the operation of an effluent recharge and recovery system consistent with sound long- term aquifer management, preservation of groundwater quality, and avoidance of the risk of subsidence; and, ~ L WHEREAS, County wishes to manage effluent recharge and recovery activities in a manner to protect existing land uses and prevent, or where feasible, remediate groundwater contamination; and, (} o WHEREAS, County wishes to encourage sharing of data and coordination of research and planning activities regarding issues of water quality and water treatment related to the Facility; and, :3 i WHEREAS, County has an interest in participating in establishing a managed in-channel recharge Facility along a certain stretch ofthe Santa Cruz River in order to accrue underground J I I \ Pima County Board of Supervisors Resolution and Order No. 2003- 85 storage credits for the recharged effluent; and, WHEREAS, County wishes to work cooperatively toward the management of water supplies, including effluent, and in particular, to establish mutually acceptable principles for the storage and recovery of effluent. THEREFORE, BE IT RESOLVED BY THE PIMA COUNTY BOARD OF SUPERVISORS, THAT: Section 1. The aforesaid Intergovernmental Agreement Regarding Permitting and Operating a Managed In-channel Recharge of Effluent in the Santa Cruz River Channel with the Cortaro- Marana Irrigation District, the Town of Maran a, the Avra Valley Irrigation and Drainage , District, the Flowing Wells Irrigation District, the Metropolitan Domestic Water Improvement District, the Town ofOro Valley, the City of Tucson, and the Bureau of Reclamation, attached hereto, is hereby approved. ~" PASSED AND ADOPTED this 6th day of May ,2003, by e Pima County Board of Supervisors. PIMA COUNTY BOARD 5JF{UPERVISORS: ~~~ Chair MAY 0 6 2003 --.. '-.' .......... -, ~ A TTEST:~,;,".: ',).' ..,.. '. ":":" '\':.,;;. .' ,'" ~ , c _> ., ..r.~. ... 2 t!:ea:::rm~ Deputy County Attorney '1-( 'I~ () 3 3 ...:! =..J ACT N6. a-t2.i-:l.J_~-L.1dq75=~3 , , .IEMDIINf NO. .~ ~ une~l~ doc~'IRMDl~A"A<M> IN- co.n'i(ljc'_~, _ . City of Tucson Contract Number 0454-03 MENT REGARDING PERMITTING AND HANNEL RECHARGE OF EFFLUENT RUZ RIVER CHANNEL This Intergovernmental Agreement dated this ,);1 day ofMU(ch, 2003, is entered into by and between the CORTARO-MARANA IRRIGATION DISTRICT a political subdivision of the State of Arizona ("CMID"), TOWN OF MARANA, a town organized pursuant to A.R.S. S 9- 231 et seq, ("Marana"), A VRA V ALLEY IRRIGATION AND DRAINAGE DISTRICT, a political subdivision of the State of Arizona ("A VIDD"), FLOWING WELLS IRRIGATION DISTRICT, a political subdivision of the State of Arizona, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, a municipal subdivision of the State of Arizona ("MDWID"), PIMA COUNTY, a body politic and corporate, a political subdivision of the State of Arizona ("Pima County"), TOWN OF ORO V ALLEY, a town organized pursuant to A.R.S. S 9-231 et seq, ("Oro Valley"), the CITY OF TUCSON, a political subdivision of the State of Arizona ("Tucson"), (collectively the "Local Parties"), and the Bureau of Reclamation ("Reclamation"). SECTION 1. RECITALS. The following recitals represent the general principles to which the parties have agreed. 1.1 The Local Parties are empowered by A.R.S. Title 11, Chapter 1, Article 3 to enter into this Intergovernmental Agreement (IGA). 1.2 1.3 1.4 {A0003477 .DOC/} The Local Parties, being located in the Tucson Active Management Area, rely on the same aquifers for water supplies and need a dependable long-term water supply for their residents and customers, have a community of health, safety and welfare concerns regarding the methods, manner and mechanisms for water management, including the storage and recovery of Effluent and the mechanisms required to successfully operate a recharge and recovery system. The Participants acknowledge that issues of Effluent water quality and water treatment are of importance to all water users in the region. The Participants further acknowledge that the region's water users would benefit from coordination of activities and planning in these areas. The Local Parties wish to operate an Effluent recharge and recovery system consistent with sound long-term aquifer management, preservation of groundwater quality, and avoidance of the risk of subsidence. ; Q The Local Parties also wish to manage Effluent recharge and recovery activities in a manner to protect existing land uses and existing water supplies and to prevent and, where feasible, to remediate groundwater contamination. The Local Parties wish to recover Effluent credits within CMID/CWUA and Marana in a manner that effectively utilizes existing water production assets available to CMID/CWUA or Marana for recovery. 3 ....,. .,J r; .,J .... .. . 9.::tIJ ExlLTO RESOLUTION No.1 !J 1.5 The Local Parties wish to encourage sharing of data and coordination of research and planning activities regarding issues of water quality and water treatment related to the Facility. 1.6 Both the Local Parties and Reclamation have an interest in establishing a new managed in-channel recharge Facility along a certain stretch of the Santa Cruz River in order to establish additional control over the Effluent and to accrue underground storage credits for that recharged Effluent being discharged into the river channel. 1.7 The Local Parties wish to facilitate, and Reclamation wishes to effectuate, the federal obligations to the Tohono O'odham Nation under the provisions of the 1982 Southern Arizona Water Rights Settlement Act ("SA WRSA"). 1.8 Reclamation will use the benefits received to help meet the Federal obligations under SA WRSA. 1. 9 Both the Local Parties and Reclamation wish to work cooperatively toward the management of their water supplies, including Effluent, and, in particular, to establish mutually acceptable principles for the storage and recovery of Effluent. 1.10 CMID/CWUA and Marana desire to operate the new managed in-channel recharge Facility pursuant to a joint facility application ("Application") that the Local Parties have filed with the Arizona Department of Water Resources. 1.11 The Local Parties and Reclamation may eventually consolidate the Facility with the existing facility permit numbered #71-545944 currently operated by the City of Tucson in order to form one continuous managed in-channel recharge facility within the channel of the Santa Cruz River and maximize storage of Effluent. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties covenant and agree as follows: SECTION II. DEFINITIONS. The following terms have the meanings set forth below when capitalized in this IGA: 1 2.1 "ADWR" means the Arizona Department of Water Resources. :.': U ...... U r' "- ...... 2.2 "Annual Meeting" means the mandatory meeting of the Participants required by Section 3.6, below. 'J .,J ., .:.J: 2.3 "Application" means the application filed with the Arizona Department of Water Resources on May 1, 2002, by the Local Parties. ."lI ., 2.4 "Authorized Representative" means the person designated in writing to act on behalf of a Participant in performing this IGA. {A0003477 DOC/} 2 2.5 "Capital Expenditures" means monetary or in-kind contributions to the capital infrastructure necessary to meet Facility Permit requirements. 2.6 "CWUA" means the Cortaro Water Users' Association, an Arizona non-profit corporation that acts as CMID's operating agent. 2.7 "Dues" means an annual fee paid by each Participant (initially $500), which is to be applied toward the basic annual maintenance and operation costs of the Facility. 2.8 "Effluent" means wastewater that has received a mInImUm of secondary wastewater treatment. 2.9 "Effluent Credit" means a storage credit issued by ADWR for Effluent stored in the Facility and includes annual storage and recovery as well as long-term storage credits. 2.10 "Facility" means that portion of the natural stream channel of the Santa Cruz River utilized to store Effluent underground under the terms of this IGA. 2.11 "Facility Operator" means that Participant responsible for compliance with the regulatory provisions of the Facility Permit. 2.12 "Facility Permit" means the permit issued by ADWR for the Facility under facility permit number 71-591928. 2.13 "Facility Plan of Operation" means the Facility Plan of Operation attached as Attachment 1. 2.14 "Interim Termination Date" means the date upon which all Participants agree to terminate the Facility Permit if the Marana-area Recoverers cannot agree to a Recovery Plan. If the Participants cannot agree upon a date to terminate the Facility Permit, the Interim Termination Date shall be December 31, 2005. If the Participants agree to one or more 12-month extensions pursuant to Section 6.5 below, the Interim Termination Date shall be December 31,2006 (one extension) or December 31, 2007 (two extensions) from the adoption of this IGA. '2 2.15 "Marana-area" means the area within the CMID/CWUA and Town of Marana boundaries as described in Attachment III. 2.16 "Marana-area Recoverers" means the City of Tucson, Bureau of Reclamation, Town of Oro Valley, Pima County, the Metropolitan Domestic Water Improvement District, Cortaro Marana Irrigation District/Cortaro Water Users' Association, and the Town of Marana. ..... -/ .- ~ {A0003477 DOC/} 3 2.17 "Participant" means any public agency signing this Intergovernmental Agreement, when recorded with the Pima County Recorder's Office or with Secretary of the State of Arizona, or any public agency added pursuant to a subsequent amendment to this IGA. 2.18 "Recoverer" means any person withdrawing or desiring to: (1) withdraw Effluent or; (2) use Effluent Credits stored at the Facility. 2.19 "Recovery" or "Recover" means the actions of any Recoverer to use Effluent Credits stored in the Facility or withdraw Effluent stored at the Facility. Recovery excludes withdrawal or use of Effluent Credits to replace existing rights to pump water for the benefit of the Recoverer's customers within Marana. 2.20 "Recovery Plan" means that plan for Recovery of Effluent Credits from the Marana-area. 2.21 "Safe Harbor" means that area within one mile from the outside bank of that reach of the Santa Cruz River within the Facility. 2.22 "Storer" means a person holding a storage permit to store Effluent in the Facility. 2.23 "V oting Rights" means the rights acquired by any Participant that contributes to the Capital Expenditures related to the permitted Facility, that is current with respect to the payment of Dues and fees, and that has not permanently withdrawn from participation in storage activities. The initial Participants with Voting Rights are: Bureau of Reclamation, Cortaro Marana Irrigation District, the Town of Marana, the Metropolitan Domestic Water Improvement District, the Town of Oro Valley, Pima County, and the City of Tucson. Other Participants may acquire V oting Rights by paying their proportional shares of prior capital expenses, based on an accounting of such costs that is approved pursuant to Section 3.2, below. 2.24 "V oting Participants" means those Participants with Voting Rights. SECTION III. GENERAL PRINCIPLES. .. . . 3.1 The Local Parties have already filed an Application for the Managed Recharge Facility Permit; upon issuance by ADWR of the Facility Permit, Participants agree to share the cost of Capital Expenditures and operational costs associated with the Facility Permit in accordance with the Facility Plan of Operation. ? li::..? r c= 6. 3.2 The Authorized Representatives of the Voting Participants, consistent with this IGA, may: (1) authorize the use of the Facility by qualified non-Participants; (2) establish the procedure consistent with Section 3.6.1, below, by which the Participants may exercise their right to withdraw from active participation in storage activities in the Facility; (3) extend the Facility to include the northernmost effluent-wetted reach of the Santa Cruz River; (4) amend the {A0003477 DOC!} 4 , , operational provisions of the Facility Plan of Operation; (5) allocate extraordinary . costs of operation beyond the threshold amount established therein, unless the extraordinary costs of operation to be allocated among the Participants exceed three hundred thousand dollars ($300,000), and an individual Participant or group of Participants has not agreed to be solely or jointly responsible for costs in excess of $300,000; or (6) establish procedures to implement this IGA and coordinate and ensure operation of the Facility. 3.3 The procedure that the Authorized Representatives shall follow to make decisions is set forth as follows: 3.3.1 Meetings: The Facility Operator shall, upon its own initiative, or at the request of a Participant, schedule meetings of Participants as necessary to meet the Facility Operator's needs for data required to operate the Facility, to resolve Facility-related issues among the Participants, to expeditiously resolve any discrepancies within the draft annual storage report, or to enable timely filing of the report. The Facility Operator may schedule an item for inclusion on the agenda of a meeting established pursuant to Section 3.6, below. 3.3.2 Chair: The Facility Operator shall preside over all duly called meetings. In the event of the absence of the Facility Operator, the Voting Participants in attendance at the meeting may select a chair from the Voting Participants. The Facility Operator or selected chair shall be responsible for securing the preparation of the meeting minutes. 3.3.3 Voting Rights: Each Voting Participant shall have one vote. 3.3.4 Majority Vote: Decisions must be authorized by a majority of the Authorized Representatives of all Participants with Voting Rights at the time of the vote. Such majority shall be determined on the basis of the entire number of Voting Participants, not by the number of Participants' Authorized Representatives present at a particular meeting. In the case of a tie, there shall be no alterations to the status quo, with the exception that, in the event of tie vote regarding a decision that must be made in order to remain in compliance with the Facility Permit, the Facility Operator shall have the authority to take any action that it reasonably determines is essential to maintaining compliance with the Facility Permit. 2 o . . c. u 3.4 Participants shall have access to and use of the Storage Facility, the right to obtain Storage Permits associated with the Facility, and to withdraw from the Facility Permit, consistent with this IGA. The Facility Operator shall provide ADWR with such evidence of consent to use the Facility as may be required for a Participant to secure a Storage Permit related to the Facility. ....... ...j 3 ? ...... . . 3.5 No Participant shall be required to store Effluent in the Facility. {A0003477 DOCI} 5 , , 3.6 There will be at least one annual meeting of the Authorized Representatives of Participants to review the previous calendar year's Facility operations and draft annual report. During the annual meeting, the respective Authorized Representatives shall also provide notice of the amount of Effluent each Participant intends to store the next calendar year and a projection of the amount of Effluent that each Participant anticipates to store for the next two calendar years. Such information shall include information relevant to the following: 3.6.1 Changes in the Points of Discharge, Diversion From the Facility, Withdrawal from Storage at the Facility and Scheduling of Effluent for Storage: Notice of any changes shall be given by or before the end of the calendar quarter preceding the final quarter of when the change is to occur in order to meet ADWR reporting requirements for the Facility Permit. Said notice will be provided to the Operator and other Participants. Notice shall include the location of said diversion, quantity to be diverted, the schedule for diversion, and other information as may be required to meet ADWR requirements for reporting. 3.6.1.1 Participants withdrawing from storage activities during any calendar year shall pay Dues for the calendar year as indicated in the Facility Plan of Operation, and shall pay for operations and maintenance costs on a proportional basis to the credits accrued for that calendar year, as indicated in the Facility Plan of Operation. 3.6.1.2 Participants permanently withdrawing from participation in storage activities shall pay Dues for the then-current calendar year as indicated in the Facility Plan of Operation, and shall pay for operations and maintenance costs on a proportional basis to the credits accrued for that calendar year, as indicated in the Facility Plan of Operation. Such Participants shall not be required to pay any additional Dues or operational costs or any other expenses during any subsequent calendar year. ~ i 3.6.2 Projects that may Effect the Amount of Water in or Recharged by the Facility: Any Participant shall provide other Participants written notice before implementation of any project that would alter the amount of water discharged to the Facility, increase the cost to operate the Facility, or disrupt the ability to measure or record Effluent Credits. This notice will be provided in time to allow the other Participants to meet ADWR reporting requirements for the Facility, and shall be provided no less than 6 months before implementation of any such project. G ...::! E o {A0003477. DOC/} 6 3.6.3 Channel Modification Activities: Participants shall provide the Facility Operator with written notice sufficient to meet reporting requirements for the Facility before conducting any channel modification that will significantly impact storage volumes. Maintenance or re-construction of existing diversions does not require notification. 3.7 The purpose of Sections 3.5 and 3.6, above, is to both facilitate reporting compliance and to assist in the mutual planning by the Participants. Timely provision of information under these Sections is a material term of this IGA. 3.8 The Facility Operator has no duty and may not take any action requiring the expenditure of funds unless the Participants have authorized their expenditure, or funds are otherwise available and may be legally obligated by the Facility Operator. 3.9 The Facility Operator shall not be responsible for maintaining diversion works or other facilities not directly related to operation of the Facility. SECTION IV. FACILITY OPERATION. 4.1 CMID/CWUA will be the initial Facility Operator, and it is agreed that CMID has contracted with CWUA to perform various activities on its behalf with regard to this IGA. 4.2 The Facility Operator shall operate the Facility in accordance with the Facility Permit requirements and the Facility Plan of Operation. 4.3 The Facility Operator shall prepare and file reports as required by ADWR for the Facility in accordance with the Facility Permit and the Facility Plan of Operation. 4.4 All Participants shall transmit to the Facility Operator, in a timely fashion, the data necessary for compliance relating to Facility operation, including but not limited to: data supporting Effluent Credit calculations; the volume of Effluent diverted prior to discharge; and the volume of Effluent diverted from the channel and the point of diversion. If a Participant does not supply the Facility Operator with data necessary to meet the ADWR reporting requirements, the Facility Operator may, at the Facility Operator's discretion, elect to not report that Participant's storage during the relevant reporting period. i , . L = ."11 =::-= ..- 0: c:. '....!' 4.5 All Storers shall submit to the Facility Operator all data necessary to demonstrate compliance with the Facility Permit, the Facility Plan of Operation, the Recovery Plan, and any Recovery Permits. 3 ? , . .J' {A0003477.DOCI} 7 4.6 All Participants shall have access to data submitted by all other Participants for preparation of the required reports, except for any information returned by the Facility Operator as unnecessary or mistakenly provided. 4.7 The Facility Operator shall establish a central location for storage of data and records relating to Facility operation. 4.8 The Facility Operator, subject to the approval of a majority of the Voting Participants, may contract with other qualified parties to meet the operational requirements of the Facility. Any contract entered into by the Facility Operator prior to approval of a majority of the Voting Participants shall expressly provide that it is being executed subject to the right of the Voting Participants to review and approve the agreement, and no Participant shall be obligated until and unless it approves the contract. 4.9 The Facility Operator or designee, subject to the approval of a majority of the V oting Participants, shall contract with USGS, or other qualified parties, as necessary to maintain, upgrade, or replace stream-gaging stations required to operate the Facility. Unless otherwise agreed pursuant to Section III, above, the costs for upgrading, maintaining, or replacing the necessary stream gages shall be apportioned proportionally between the Participants approving the contract, based upon the annual Effluent Credits obtained pursuant to Section 5.5, below. Should any Participant decline to approve such a stream gage improvement contract, the Facility Operator shall calculate the Effluent Credits available to that Participant on the same basis as such Credits would be calculated if the necessary improvements had never been constructed. 4.10 All Participants shall allow access to water level data from monitoring wells required for continued Facility operation, so long as these monitoring wells remain under their control, even if the Participant withdraws from active participation in the Facility. Alternatively, the remaining Participants may be allowed physical access to the wells to obtain water level data. 4.11 No Participant shall, without the consent of the other Participants, sell, transfer or convey a monitoring well to a non-Participant, unless the acquirer consents to continue providing the water level data required under the terms of the Facility Permit. i 4.12 The Town of Marana may assume operation of the Facility if the initial Facility Operator withdraws. If the Town of Marana decides not to assume operation of the Facility, the Participants shall select another qualified Participant as Facility Operator pursuant to Section III, above. Under any circumstance, the then current Facility Operator always shall provide one hundred eighty (180) days notice of intent to withdraw in order to allow the Participants to select another qualified Facility Operator. Q "J '-' 3 !L-5 {A0003477 DOC/} 8 SECTION V. CALCULATION AND DISTRIBUTION OF EFFLUENT CREDITS 5.1 For the sole purpose of calculating Effluent Credits pursuant to this IGA, entitlements to Effluent are determined by: 5.1.1 The 1979 Pima County/City of Tucson Sewer Transfer IGA; 5.1.2 The 1983 City of Tucson/United States Effluent Contract as provided for in the 1982 Southern Arizona Water Rights Settlement Act; 5.1.3 The 2000 Supplemental Effluent IGA (Conservation Effluent Pool); 5.1.4 2001 City of TucsonlMetropolitan Domestic Water Improvement District IGA; 5.1.5 2001 City of Tucson/Oro Valley IGA; 5.1.6 Subsequent IGAs entered into between any Participant and other water providers with respect to that Participant's entitlement to Effluent; 5.1.7 Other future Effluent entitlements consistent with State law. 5.2 During any calendar year, the Participants agree to exclude water actually diverted pursuant to Water Right No. 33-87616 (Honea Farms) and Water Right No. 33- 43288 (CMID), up to a maximum of 2,100 acre-feet per year from the amount of Effluent recharged in the Facility. 5.3 For the sole purpose of calculating Effluent Credits pursuant to this IGA, in the event of conflicting planned uses, Effluent entitlements may be limited to a daily, proportional flow from each metropolitan wastewater treatment plant. 5.4 For the sole purpose of calculating Effluent Credits pursuant to this IGA, annual entitlements to Effluent Credits are based on total annual Effluent entitlements minus any flow diverted prior to discharge to the river channel and minus any flow diverted from the river channel, in accordance with Attachment II, Effluent Recharge Calculation, subject to future Effluent entitlements consistent with State law. 1 2 !II ...... 6 5.5 For the sole purpose of calculating Effluent Credits pursuant to this IGA, annual Effluent Credits shall be distributed on the basis of proportional annual entitlements to Effluent, as set forth in Attachment II, subject to future Effluent entitlements consistent with State law. 6 '::I .,J 3 W : , ~ : .:. {A0003477 DOC!} 9 SECTION VI. DEVELOPMENT OF A REG OVERY PLAN PRIOR TO RECOVERY OF STORED EFFLUENT FROM THE MARANA-AREA 6.1 No Effluent Credits stored at the Facility shall be Recovered within the Marana- area through a well with greater than 50 g.p.m. capacity without the adoption of a Recovery Plan. If the Facility is terminated pursuant to Section 6.4, below, Participants shall comply with the provisions of Section 6.4.3. 6.2 Following the adoption of this IGA, the Marana-area Recoverers will meet at least once every eight (8) weeks to make a good faith effort to develop the Recovery Plan. All Participants may attend these Recovery Plan development meetings. The Recovery Plan shall be adopted upon unanimous approval of the Authorized Representatives of the Marana-area Recoverers. 6.3 If the Recovery Plan is not adopted by June 30, 2005, a majority of the Participants may agree to extend the time to develop the Recovery Plan for no more than two 12 (twelve) month extension periods, until June 30, 2006, and June 30, 2007. 6.4 If the Recovery Plan is not adopted before June 30, 2005, or within any adopted 12-month extension period, the Participants agree to the following Facility termination process: 6.4.1 By July 31, 2005 (if no extension is approved), or within 1 month of the end of any approved 12-month extension period, all Participants shall provide ADWR with their respective notices to terminate the Facility Permit on the Interim Termination Date. 6.4.2 No less than six (6) months after the Interim Termination Date, the Facility Operator shall prepare a final report of Effluent Credits earned and an accounting of costs and expenses incurred for the Participants. Participants shall reimburse the Facility Operator for any outstanding costs or assessments in accordance with this IGA. 6.4.3 No Effluent Credits stored at the Facility shall be Recovered within the Marana-area boundaries without the consent of Marana (if Recovery occurs within the Marana boundaries but without the CMID/CWUA boundaries), or CMID/CWUA (if Recovery occurs within the CMID/CWUA boundaries but without the Marana boundaries), or both Marana and CMID/CWUA. 1 2 lJ .r- 6.5 The Marana-area Recoverers agree that consent to the Recovery Plan to be developed pursuant to this section will not be unreasonably withheld. :3 b L 6.6 The Recovery Plan will, to the greatest extent practicable, be developed III accordance with the following principles: {A0003477DOC/} 10 6.6.1 Any Recoverer proposing to recover Effluent Credits within the Marana- area will do so in a manner consistent with sound long-term aquifer management in the Marana-area, preservation of Marana-area groundwater quality, effective use of existing Marana-area infrastructure, and avoidance of risk of subsidence in the Marana-area; 6.6.2 The Recovery Plan will be designed to recover the Effluent actually recharged in the Facility; 6.6.3 The Recovery Plan will be designed to avoid reaching the groundwater elevation operational prohibition limits contained in the Facility Permit that apply to Pima County's Tangerine Landfill. Should it be necessary that Recovery occur preferentially in the area surrounding the Landfill in order to avoid reaching the operational prohibition limits, and should the cost of such preferential Recovery be more than the cost of Recovery without reference to these limits Pima County will be responsible for the marginal cost difference, on a per-acre foot basis, for such preferential Recovery. This section shall not be construed to require any Participant to Recover from the area surrounding the Tangerine Landfill. 6.6.4 The Recovery Plan will limit the amount of Effluent recovered within the Safe Harbor of the Facility during any calendar year, to no more than 62.5% of the total amount of Effluent recharged within the Facility in the previous year; in the event that the Participants' cumulative recovery pursuant to Section 6.6.5 within the Safe Harbor of the Facility may exceed this 62.5% threshold during a particular calendar year, no single Participant shall have the right to pump more than 62.5% of the Effluent that the Participant stored in the Facility during the previous calendar year from within the Safe Harbor of the Facility. 6.6.5 Exception: In the case of a water shortage or water emergency, including the need to deliver water during shortage years or during interruptions of Central Arizona Project deliveries, Participants agree to allow short-term recovery of Effluent Credits in excess of 62.5% of the total amount of Effluent recharged within the Facility in the previous year. Such recovery shall minimize detrimental long-term aquifer impacts. 1 n ..t:. f1 w 6.6.6 Nothwithstanding Sections 6.6.4 and 6.6.5, Recovery of Effluent Credits within the Marana-area south of the Rillito Narrows shall not exceed the amount of Effluent Credits actually recharged within the Marana-area south of the Rillito Narrows, as calculated over a IO-year rolling average. -.J "'-' "" ...:i 8 6.7 Nothing in this IGA shall prevent any of the Participants from developing Marana-area recovery plans for the recovery of other water or other recharge credits obtained from other permitted recharge facilities. {A0003477. DOC/} 11 6.8 The adoption of a Recovery Plan shall not preclude the Marana-area Recoverers from unanimously adopting subsequent amendments to the Recovery Plan. 6.9 In the event Arizona law is altered to eliminate, in whole or in part, the current restriction on the maximum recovery or accrual of Effluent Credits to 50% of the recoverable amount of Effluent stored in the Facility during any calendar year, the Marana-area Recoverers shall meet and in good faith, discuss whether amendments to the Recovery Plan and this IGA are appropriate. 7. SECTION VII. RECOVERY OF EFFLUENT CREDITS STORED AT THE FACILITY 7.1. Before seeking any permit for Recovery within the Marana-area, Recoverers will offer CMID/CWUA or Marana the opportunity to submit a proposal to recover the Effluent Credits. 7.2. CMID/CWUA or Marana may, at its sole discretion, submit an itemized proposal to recover all or a portion of the Effluent Credits, in accordance with the Recovery Plan, within seventy-five (75) days of receipt of the Recoverer's offer to submit. In the absence of a recovery proposal from CMID/CWUA or Marana, the Recoverer may proceed with the application for a recovery permit in accordance with the Recovery Plan. 7.3. Within forty five (45) days of submission of CMID/CWUA's or Marana's proposal, the Recoverer may notify CMID/CWUA or Marana of its acceptance of CMID/CWUA's or Marana's proposal or provide CMID/CWUA or Marana a good faith itemized estimate of the costs it expects to incur if the Recoverer constructs and operates the recovery facilities. Should the Recoverer's estimate for the recovery of the Effluent Credits be less than the amount of CMID/CWUA's or Marana's proposal, CMID/CWUA or Marana may, at its sole discretion, submit a revised recovery plan proposal within forty- five (45) days of receipt of the Recoverer's estimate. Should CMID/CWUA or Marana decline to match the Recoverer's recovery proposal, the Recoverer may proceed with the application for a recovery permit in accordance with the Recovery Plan. 7.4. In the event the Recoverer rejects a CMID/CWUA or Marana recovery plan proposal within the Marana-area that is consistent with the Recovery proposal and costs no more to implement and operate than the Recoverer's proposal, the Recoverer shall not seek a permit for Recovery in the Marana-area. Such a proposal will be considered to be consistent if it: (1) provides: comparable quantity and quality of recovered Effluent to the Recoverer; (2) costs no more than the Recoverer's proposal; and, (3) provides a similar timing and pattern of delivery of the Effluent to the place of delivery identified by the Recoverer. A CMID/CWUA proposal to Recover some or all of the Effluent Credits actually recharged within the Marana-area south of the Rillito Narrows from locations north of the Rillito Narrows shall not be a basis for rejecting the CMID/CWUA or Marana recovery proposal. i ... ~ b c. 1:-= -" ....:1 4 {A0003477 DOC/} 12 7.5. If a Participant wishes to recover Effluent Credits within three (3) miles of the Tohono O'odham Reservation's exterior boundary, the Participant first shall obtain the consent ofthe Tohono O'odham Nation to the location of any recovery well. 7.6. Any transfer or sale of Effluent Credits shall include the limitations on recovery of Effluent Credits contained in Section 6 and Section 7, above, and otherwise be consistent with this IGA. 7.7. Other than as provided in this IGA, any Participant may recover Effluent Credits consistent with applicable Arizona law. SECTION VIII. FUTURE PLANNING 8.1 The Participants agree to share available data regarding Effluent water quality and treatment issues and agree to work cooperatively in their future efforts regarding these issues. 8.2 The Local Parties agree to develop a specific plan for implementing the requirements of Section 8.1 within the first twelve (12) months of Facility operation. If the Local Parties so agree, the Recovery Plan developed pursuant to Section 6, above, may be substituted for the requirements of this section. SECTION IX. MISCELLANEOUS PROVISIONS 9.1 Force Maieure: In the event any Participant is rendered unable, wholly or in part, by force majeure reasons to carry out its obligations under this IGA, the obligations of the other Participants so far as they are affected by such force majeure shall be suspended during the continuance of any inability so caused, but for no longer period; and such cause shall be so far as possible remedied with the best efforts of the disabled Participant and with all reasonable dispatch. The term "force majeure" as employed in this IGA shall mean acts of God, strikes, lockouts or other industrial or labor disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, land slides, lightning, earthquakes, fires, storms, floods, washouts, droughts, unavoidable interruptions in electric power to drive pumps, interruptions by government not due to the fault of Participants including injunctions, civil disturbances, explosions, well collapses, breakage or accident to machinery or transmission facilities, or action or non- action by governmental bodies in approving or failing to act upon applications for approvals or permits which are not due to the negligence or willful action of the Participants. Nothing herein contained shall be construed as requiring any Participant to settle a strike or labor dispute against its will. Nothing herein shall prohibit any Participant at its own expense from using whatever self-help remedies may be available to it. 1 " 2 [,'i w w 8 9.2 Precedential Effect: This IGA, the Facility Permit, any Storage Permits, and Recovery Permits or any actions taken or any determinations made by the {A0003477 DOC/} 1 3 Participants or ADWR in furtherance thereof regarding the validity, invalidity, nature, legal character, extent or relative priority of a water right or source of water is not binding on the Participants for any other purpose, and shall not create a presumption of the validity, invalidity, nature, legal character, extent or relative priority of a water right or water source in any other administrative proceeding or any judicial proceeding, other than in an action to enforce this IGA. This IGA, the Facility Permit, any Storage Permits, the Recovery Permits, or any actions taken in furtherance thereof shall in no way preclude any Participant from applying for or challenging any future facility permits, or any storage or recovery permits associated with any future facility permit issued pursuant to A.R.S. 9 45-801.01 et seq, or waive any legal objection or theory that may be raised in support of or against such application. 9.3 Notwithstanding Section 9.2 above, while this IGA is in effect, no Participant shall challenge the calculation and distribution of Effluent Credits, the Participants' ability to store Effluent at the Facility, or the deductions of surface water diversions consistent with Section 5, above. This section shall not be construed to preclude any Participant from raising any defense or claim in any subsequent or concurrent proceeding, other than any proceeding relating to the Permits under this IGA, involving that Participant's claim to rights to use any kind of water in the Santa Cruz River or tributaries thereof. 9.4 Compliance with Laws: To the extent applicable to each Participant, the Participants shall comply with federal, state and local laws, rules regulations, standards and executive orders, without limitation to those designated within this Agreement. 9.4.1 Anti-Discrimination: The provisions of A.R.S. 9 41-1463 and Executive Order 75-5, as amended by Executive Order 99-4, issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Intergovernmental Agreement as if set forth in full herein. 9.4.2 Americans with Disabilities Act: This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 9912101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36, the pertinent provisions of which are incorporated into and made part of this IGA as if set forth in full herein. 9.4.3 Conflict of Interest: This Agreement is subject to termination for conflict of interest pursuant to A.R.S. 938.511, the pertinent provisions of which are incorporated into and made part of this IGA as if set forth in full herein. , , o b 9.4.4 Open Meeting Law: The Participants shall comply with the Arizona Open Meetings Law, A.R.S. 938-431, et seq., to the extent applicable to meetings of the Participants. {A0003477.DOCI} 14 9.5 Default: In the event of default by any Participant for failure to perform pursuant to the terms of this IGA, the non-defaulting Participants shall notify the defaulting Participant of the default. Said notice(s) shall be in writing and shall state the facts constituting default, including the date and time (if possible) such default is deemed to have occurred, and shall further set forth what action is necessary in the non-defaulting Participants' opinion to cure the default. If the non-defaulting Participants deem no cure possible, the notice(s) shall so state. The defaulting Participant shall have a reasonable time from notice to cure the default. In the event the default is not cured within such time, the Participants shall meet at least once to attempt to resolve said differences. It is agreed that at the time when the Participants are attempting to resolve their differences with respect to an alleged default, the Participants shall continue to fulfill their obligations pursuant to the balance of the provisions of this IGA and such continuance shall not in any way waive the default. If, at the end of sixty (60) days from the date of notice of default, the Participants are unable to resolve their differences, then the Participants shall have all rights and remedies available to them under law including specific performance. 9.6 Attorney's Fees: In the event of any litigation between the Participants to enforce any provision of this IGA or any right of either Participant hereto, the unsuccessful Participant to such litigation agrees to pay to the successful Participant all reasonable costs and expenses, including reasonable attorney's fees, incurred therein by the successful Participant, all of which shall be included in and as part of the judgment rendered in such litigation. Reclamation may be exempted from the requirement to pay attorney's fees if such a requirement is contrary to case law or written federal regulations or policies. 9.7 Assignment of Agreement: No Participant shall have the right to assign this IGA or any interest herein except to their respective successors. This Section shall not limit the Participant's rights to assign, transfer, or sell Effluent Credits consistent with Section VII. 9.8 Notices: All notices shall be in writing and together with other mailings pertaining to this IGA shall be made to: A. The City and Town Managers of Tucson, Oro Valley, and Marana; B. The County Administrator of the Pima County; C. The Managers of CMID, FWID, and MDWID; D. The Chairman of the Board of the Cortaro Water User's Association; E. The Phoenix Area Office Manager of the Bureau of Reclamation; F. With a copy to the Attorney of Record for each respective Participant. G b L =-: o "...., or as otherwise specified from time to time by each Participant. {A0003477.DOCI} 15 9.9 Waiver: Waiver by any Participant of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. 9.10 Amendment: This IGA shall not be amended except by written instrument mutually agreed upon and executed by the Participants. 9.11 Entire Agreement: This IGA, its Exhibits and its recitals which are included herein, constitute the entire agreement between the Participants, and includes all prior oral and written agreements of the Participants. All warranties and guarantees and representations shall survive during the life of this IGA. 9.12 Construction and Interpretation: All provisions of this IGA shall be construed to be consistent with the intention of the Participants expressed in the recitals hereof. 9.13 Time of the Essence: Time is of the essence in the exercise of all rights and the discharge of all responsibilities and obligations by each of the Participants hereto. 9.14 Authority: Each of the undersigned Local Parties represents it has properly and legally authorized and executed this IGA. 9.15 Legal Jurisdiction: Nothing in this IGA shall be considered as either limiting or extending the legal jurisdiction of any Participant. 9.16 Severability: In the event that any provision of this IGA or the application thereof is held invalid, such invalidity shall have no effect on other provisions and their application which can be given effect without the invalid provision, or application, and to this extent the provisions of this IGA are severable. 9.17 Contingent upon Appropriation or Allotment of Funds: The expenditure or advance of any money or the Performance of any obligation by the United States or any other Participant, in any of their respective capacities, under this Agreement shall be contingent upon appropriation of funds therefor. In the event funds are not appropriated, no liability shall accrue to the United States or any other Participant, in any of their respective capacities. No Participant shall be obligated to expend funds for Dues, operational costs, capital expenditures, or any other costs or expenses, except as expressly detailed in the Facility Plan of Operation, unless such expenditure is expressly authorized by each Participant, who must also appropriate the required funds. 1 i"J .:t. 1.'1 b b -, -..::i 9.18 Alternative Dispute Resolution: The following non-binding alternative dispute resolution process shall be followed for any dispute between the Participants arising under this IGA: 9.18.1 The disputant Participants shall meet and confer about any controversy or claim arising out of or related to this IGA, or the breach thereof, in an {A0003477. DOC/} 16 {A0003477.DOCI} attempt to resolve the matter. If the matter cannot be resolved between the respective Participants, each shall appoint one arbitrator to a three-party panel of arbitrators who will decide the dispute. The appointment of the two arbitrators will occur within thirty (30) days of the meeting referred to above. 9.18.2 Arbitrators appointed to the arbitration panel should be skilled and experienced in the field or fields that pertain to the dispute. The two selected arbitrators shall meet within 30 days of the later of the two arbitrator's appointment, and at their first meeting they shall appoint a third neutral arbitrator to complete the arbitration panel. The third arbitrator shall act as a chairperson of the arbitration panel and shall direct the arbitration proceedings. 9.18.3 The arbitration process shall be limited to the matter submitted by the respective Participants. The arbitration panel shall not rewrite, amend, or modify this IGA or any other agreement or contract between the Participants. 9.18.4 There shall be no discovery beyond the information and documents made available during the informal meet and confer process provided for in this section and the exchange of information or documentation provided for in this IGA. 9.18.5 No formal evidentiary hearing shall be provided unless one is requested by either Participant in writing, at the same meeting that the neutral arbitrator is appointed. Assuming that no hearing has been requested, the arbitration panel will meet as deemed necessary by the panel and shall, in a manner it deems appropriate, receive evidence, receive argument or written briefs from the respective Participants, and otherwise gather whatever information is deemed helpful by the panel. The arbitration process to be followed shall be informal in nature, and the respective Participants shall not be entitled to trial-type proceedings under, for example, formal rules of evidence. 9.18.6 In the event that either Participant requests a hearing, the arbitration panel shall meet to receive evidence, receive argument and written briefs from the respective Participants as follows: i r; L ......, : ., :::..: E E 9.18.6.1 The arbitration panel shall, within five (5) days of the appointment of the neutral arbitrator, schedule a date for a hearing that shall be held within sixty (60) days of the appointment of the neutral arbitrator. 8 - , .....; 9.18.6.2. Within ten (10) days of the appointment of the neutral arbitrator, the Participants shall each submit a brief of no longer than fifteen (15) pages setting forth its case. The 17 9.19 If either Participant declines to accept the decision of the arbitration panel, it may initiate an action in the appropriate court within sixty (60) days of the issuance of the panel's written decision to obtain a judicial determination of the underlying dispute. If an action is not filed within sixty (60) days of the panel's decision, the decision of the panel shall be deemed to be final and not subject to judicial review. The decision of the panel and record of the arbitration shall not be 9.18.6.3 9.18.6.4 9.18.6.5 9.18.6.6 9.18.6.7 {A00034 77. DOC!} brief shall include discussion of all issues relevant to the party's case. Each party shall, as an attachment to its brief, include declarations of not more than two experts and any relevant factual witness. Declarations of expert witnesses must include all opinions to be elicited upon direct testimony and a complete explanation of the basis of these opinions. Disputes with respect to the sufficiency of declarations or the appropriateness of the testimony shall be resolved by the witnesses available for cross-examination at the time of the arbitration hearing. Factual witnesses for whom a declaration is prepared shall be made available for cross-examination at the time of the arbitration hearing only if requested by the other party. Each party shall have the opportunity, within five (5) days of the close of hearing, to submit a closing brief not to exceed ten (10) pages. The closing brief shall be argument with no additional factual evidence to be submitted. There shall be no testifying witness on direct except for expert witnesses. Each party shall have a maximum of four (4) hours to present its case in total. This time shall include opening and closing statements, direct presentation and any cross- examination of the other party's witnesses. Each party shall have the right to reserve part of its time to present up to one (1) hour of rebuttal testimony. The matter shall be deemed submitted at the submission of closing briefs. The panel of arbitrators shall render its final decision in the dispute within sixty (60) days after the date of naming the third arbitrator. If the arbitrators disagree as to the determination, any two of the three arbitrators may join to form a majority and the decision of those two arbitrators will be final for the panel. The panel will issue a written decision for the Participants. 1 . , L. lJ or W ,... t -w s H 18 privileged and may be submitted as part of the record by either side in support of its case. 9.20 The respective Participants shall share all costs incurred by the arbitration panel equally, and the expenses of the arbitration panel shall be paid expeditiously. 9.21 During the period of time in which a disagreement is being addressed in this Alternative Dispute Resolution process or appropriate judicial proceeding, the Participants agree that no default or breach of any agreement being addressed in the process will have occurred. SECTION X. TERM 10.1 This IGA, or any amendment of this IGA, shall not be of any force or effect until properly executed, certified, recorded by the County Recorder, and, if applicable, filed with the Secretary of State. If all of the Local Parties, but not Reclamation, execute this IGA, then it shall be of full force and effect against the Local Parties when recorded or filed. 10.2 The term of this IGA shall run concurrently with the Facility Permit, and any renewals, thereof, subject to: 10.2.1 Termination pursuant to Section 6.4. 10.2.2. The provisions of this IGA relating to Recovery shall remain binding on the Participants, their successors, and assigns, so long as Effluent Credits remain recoverable. 10.2.3. Section 9.2 shall survive the termination of this IGA. IN WITNESS WHEREOF, the Participants hereto have hereunto set their hands the day and year first above written. :::~JEF~~;~ Chair of the Board , ~ ,/' th Board t 2 t1 2 ti 6 APPROVED AS TO FORM Att a 3 9 f {A0003477. DOC/} 19 METROPOLIT AN DOMESTIC WATER IMPROVEMENT DISTRICT By: Attest: FLOWING WELLS IRRI~ATI~N YISTRICT By: (A./, 1> ~ GL Superintendent of the District Attest: ~, c::...._ President of the Board PIMA COUNTY BY:.~ ~~ CHAIR, BOARD OF SUPERVISORS MAY 0 6 2003 A:T,~E~T:, " By: . . . lerk of th MAY 0 6 r /-11) LC'v ~ / / /:1../ a.M-J-flSZ.7~YVl-'~ T oard , 03 TOWN OF MARANA By:_ flit (/)1.(1- MAYOR ~ ATTEST: ~.~ Tow lerk {A0003477, DOC/} 20 APPROVED AS TO FORM By: APPROVED AS TO FORM By: ",f"UYJ/j IJ.JI1t7:A ~rney for the District ~,~.:nnUIII,. ~ OF M4 ~ ~ ~ ~ ~..,,,m,,,,,, ~., ~ ~ -.:..-~ ~~~..z,.'~ ::: /2 i CORPORATE \. y ~ ~ :: ocx:> ~ - .. = :: - - ~SEAL;:: - ~;;:,. ;;:;: ~ ~ ~ ~ ~ i""IJllm"\\~ ~ ~-1t?IZ ,\~\'~ ~/1!IJ-in\\\~ APPROVED AS TO FORM: By. / -(;~? ,/ ,/!) Town Attorney .. i '~-- L o ::... L= "- w .J 3 '!...i J CITY OF TUCSON March 24, 2003 APPROVED AS TO FORM: By: ~~~ City Clerk KATHLEEN S. DETRICK March 24, TOWN OF ORO VALLEY BY~~ City Atto ey 2003 By:~4 MAYOR , ATTEST: APPROVED AS TO FORM: BY~ Town Attorney BY~.u~. d~' wn Clerk 4 --8 -03 BUREAU OF RECLAMATION By: Its: :::;.~~~~~NAGE DISTRICT ITS: ~~LY'~"" i L 2 ~ 3 {A0003477. DOC/} 21 ATTORNEY CERTIFICATION The foregoing Intergovernmental Agreement, being an agreement between the Local Governments established under the authority of the State of Arizona, has been reviewed pursuant to A.R.S. S 11-952 by the undersigned Attorneys of Record for the various local governments, all of whom have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to those local governments, represented by the following undersigned: By: Atto for Cortaro rana Irrigation District This.~_. day Of~_, 2003. ;~iJ Attorney for Town of Marana This ~ay of /1if.../' ,2003. ~ ,/ 11~.L4 ~ ey for FloWing ells Irrigation District This)5 f day of .L1f-td ,2003. By: : 1!. 2 G ,2003. .- ...... ...., ...... ,...., .J -..J -J ......; g {A0003477.DOCI} 22 By: ~~.. ~~~ Attorney for Town ofOro Valley This !l- day of ,2003. This trft.- day of [tt1cwvl ,2003. APPROVED AS TO FORM By: Attorney for the Department of the Interior 03/07/2003 11: 13 AM 1 ;"Jo .... : ~ c: L U ....... '-" -" " : ~ {A0003477 DOC/} 23 ATTACHMENT I FACILITY PLAN OF OPERATION Introduction The Facility Plan of Operation (FPO) defines operational requirements, data acquisition, data management and the responsibilities of the Participants in the Facility as described in the Intergovernmental Agreement Regarding Permitting And Operating Managed In Channel Recharge Of Effluent In The Santa Cruz River Channel ("the IGA.") For the purpose of this Plan of Operation, terms in capital letters have the meaning established in the IGA. The FPO is subject to modification per ADWR requirements or amendment by the concurrence of the Participants described in the IGA. Operation/Operator: · CMID/CWUA will be the initial Operator · CMID's General Manager will be the designated contact person · The Town of Marana may assume operation of the Facility if the initial Facility Operator withdraws. If the Town of Marana decides not to assume operation of the Facility, the Participants shall select another qualified Participant as Facility Operator according to the procedures established in the IGA. · The Operator shall have the right to call meetings of the Participants to discuss and resolve issues, as established in Section III of the IGA. Reportin2: . The Operator will be responsible for timely preparing and submitting all reports, including quarterly and annuals reports to ADWR, as established in Section III of the IGA. Participants will cooperate with the Operator by providing the data required by the Operator to prepare and complete reports necessary for Facility Operation. Data shall be submitted by electronic media that is compatible with the Operator's system, in the time frame established in the schedule, which follows. Participants shall provide data that includes, but is not limited to the following: data supporting Effluent Credit calculations, the volume of effluent diverted prior to discharge, volumes of Effluent diverted from the channel, and the point of such diversion, potable water deliveries pursuant to effluent rights IGAs, effluent inflow and outflow from Pima County, monitor well water levels, and recovery volumes. The Operator shall collect the USGS stream gage data and legal diversions reported to ADWR. The Operator may require participants to submit estimates of anticipated discharges, diversions and/or storage of effluent at the beginning of each year. The Operator will finalize and submit an Annual Report to ADWR by March 31 st, .- ..... . i Z G 6 6 . . A0003487.DOC/ {f\(l(J(l,J488 [)()(J 1 ,Schedule: The Operator and Storers will follow this schedule for submittal and management of data: JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. A0003487. DOC! 1. Participants submit Annual Report data to Operator by February 15th. 2. Operator prepares Draft Annual Report by the end of the month. 1. Participants submit comments on Draft Annual Report to Operator by March 10th. 2. Operator informs all Water Storage Permit holders of their annual delivery, evaporation, and aquifer cut volumes by March 15th. 3. Operator submits Annual Report to ADWR by March 31 st. 1. Participants submit data to Operator for 1 st Quarter Report by Apr. 15th. 2. Operator prepares a Draft report for Participants by end of month. 1. Participants submit comments on Draft 1 st Quarter Report by May 5 tho 2. Operator submits Quarterly report to ADWR by May 15th. 1. Participants submit data to Operator for 2nd Quarter Report by July 15th. 2. Operator prepares a Draft report for Participants by the end of month. 1. Participants submit comments on Draft 2nd Quarter Report by Aug. 5th. 2. Operator submits Quarterly report to ADWR by August 14th. 1. Facility Operator prepares Draft Budget for upcoming year by October 1. 2. Participants submit data to Operator for 3rd Quarter Report by the 15th. 3. Operator prepares a Draft report for Participants by the end of month. 1. Participants submit comments on Draft 3rd Quarter Report by Nov 5th. 2. Operator submits Quarterly Report to ADWR by November 14th, i .-: =- C - .- L6DQQJ1~~m)( '/ J 2 ,Data Collection / Maintenance: · The Operator will be responsible for the collection and maintenance of all data required by the facility permit. The Operator will have the flexibility to determine how and where this will occur. · The Operator may solicit the assistance of selected Participants or qualified consultants to manage all or portions of the data. · It is anticipated the Operator will create an electronic database that remains reasonably current and accessible. · The Operator shall establish methods of securing the database and user access. · The Operator shall establish methods of confirming data input. · The Participants may elect to create a website to assist with the Facility operation, including data sharing and input; the potential costs for such a site are established below. Monitorin2:: · The Operator will be responsible for all monitoring and related data collection that meet the requirements of the Facility Permit, including water levels measured to one- tenth of a foot, flow measurements within plus or minus 10 percent, and effluent discharge volumes. · Pima County will allow access to water level data (water quality if necessary, although not an ADWR requirement) collected from existing monitoring wells along the Santa Cruz River as well as data on effluent discharge volumes. The Operator will coordinate with the current Pima County Wastewater Management contact person on data access and retrieval. · The City of Tucson will allow access to water level data collected from existing monitoring wells along the Santa Cruz River. · The Operator will create an alternate monitoring plan that satisfies ADWR's requirements, should this become necessary. · The USGS stream-monitoring gauges near the Cortaro and Trico Road bridges will be used to measure incoming and outgoing flows as required by the Facility Permit. The Data Section Chiefis the USGS contact person at the Survey's Tucson office (520 670-6671 ). · The Operator will pursue alternatives to improve the accuracy of the Trico Road stream gauge to a plus-or-minus 10% accuracy and will coordinate with the Participants, especially the City of Tucson. · If found acceptable by ADWR, a method of measurement would be used to measure flows periodically between the Trico Road stream gage and the PimalPinal county line. The Operator would be responsible for collecting any other required monitoring data. See Contingencies section for further information. 'i ... .=.. !,.' t: Expenses / Costs: - ..... ... The division of capital and annual operation and maintenance costs is shown in the Cost Estimate of Facility Operation. The initial capital improvements needed to make the Facility operational include: A00034S-/.DOCl [,'\()()()34.8 S...P\ )(,/;3 1. Modifications to improve the stream gage at the Trico Road bridge to the plus-or-minus 10% accuracy required by the Facility Permit. 2. Develop storage and recovery database and training Although not required, the Facility Operator may develop a website that would allow real-time communication between the Participants. The Town of Marana and CMID have agreed to pay for $20,000 of the estimated initial capital cost, with the balance to be paid on a proportional basis to the amount of credits each Storer will earn. Basic annual O&M costs associated with the Facility, including monthly database maintenance, annual reporting requirements, and the collection of monthly water level readings will be borne by the Facility Operator. Participants will pay an annual fee of $500 to the Operator toward these costs. Additional annual O&M costs include special stream gage maintenance, to maintain the 10% accuracy rating, and transfer of data from the USGS to the Operator. Participants will pay for these additional O&M costs based their proportion of the amount of estimated credits that each Storer will earn. The Facility Operator shall have the authority to resolve differences between proportional cost sharing based on the differences between stored credits and that year's estimated credits. The Operator shall prepare a draft Annual Budget by October 1 of the preceding year for review and approval by the Participants. The Participants shall approve the annual budget by the end of the current calendar year. Extraordinary costs may be incurred during the 20-year life of the project that result from unexpected events or acts beyond the control of the Participants. These include, but are not limited to, storm flows which damage stream gage equipment or create stream bed conditions that adversely impact the 10% accuracy requirement and vandalism of stream gages or monitor wells. Participants will pay for extraordinary O&M costs based their proportion of the amount of estimated credits that each Storer will earn. The Facility Operator shall have the authority to resolve differences between proportional cost sharing based on the differences between stored credits and that year's estimated credits. 1 : J' t: A0003487. DOC: l!\QQQ3,:Pi!LQQ('fl 4 COST ESTIMATE OF FACILITY OPERATION A. Initial Capital Improvement Costs 1. Improve Trico Stream Gauge to plus-or-minus 10% accuracy 2. Develop storage and recovery database software and training a. Calculation of physical recharge in the stream channel and recovery: ($10,400) b. Calculation of recharge credits for each entity on a quarterly and annual basis: ($1,800) c. Documentation of database and end-user training: ($3,000) 3. Develop website: Total B. Annual Operation and Maintenance Costs Operator Cost 1. Database maintenance 5 days/quarter to contact Pima County and USGS to obtain data; cross- check and verify accuracy of water level data from monitor wells; prepare draft reports; finalize reports and send to regulatory agency. 2. Annual Reporting Requirements 8 days per year for data verification, preparation of annual information for each participant in the project 3. Collect Monthly Water Level Readings 12 days per year to collect monthly water level readings, maintain equipment, and enter data to computer. Subtotal Shared Cost 4. Special Stream gage maintenance (10% accuracy rating requirement) will be completed by the USGS. The USGS will collect extra measurements each month at the Cortaro Road stream gage and the Trico Road stream gage. The additional measurements are needed to increase the accuracy of the measured stream flow at the site. The flows between the wastewater treatment plants and the gages are also compared to determine when additional measurements are needed to improve the accuracy at the gages. A0003487. DOC! l1\Q()Q3481\PO('/15 $14,000 $15,200 $ 3.3 00 $32,500 $4,700 $1,900 $2,100 $8,700 $14,000 .,.-'1 .., G Subtotal Total Annual Cost D. Initial Budget for Capital Improvements Estimated expenses: Estimated income: CMID and Marana: Proportional payment of remaining expenses by Storers: Secretary of Interior: 47% City of Tucson: 34% Pima County: 7% MDWID:. 6% Oro Valley: 6% E. Annual Budget Estimated O&M expenses Estimated Income In-Kind Services by CMID and Marana: Annual dues ($500/ participant from A VIDD, BaR, COT, FWID, MDWID, Oro Valley, and Pima County): Proportional payment of remaining expenses by recharge volume: A0003487. DOC/ lj\Q(}()J4_~JtI)Q\'/]6 $ 32,500 $ 20,000 $ 12,500 $ 22,700 $ 8,700 $ 3,500 $ 10,500 $14,000 $22,700 1 E ... .... i ATTACHMENT H EFFLUENT RECHARGE FORMULAS Introduction Formula development is presented in several steps. The first characterizes the total volume of effluent available. The total volume of effluent can be characterized as having entitlement by a particular entity. Each entity can use their entitled volume directly or discharge it to the channel for managed recharge. If the water is discharged to the channel, the volume recharged is apportioned based on an "in-channel" entitlement in order to accrue individual recharge credits. The volume of effluent entitled to SA WRSA is not made subject to any physical losses. This effluent is recharged for credit accrual (and equivalent aquifer cut) or passes out of the project at the Trico gage. The following sections describe the proposed formulas. Effluent Production The total effluent produced from the Metropolitan Area wastewater plants (Ep) is equal to the amount of effluent discharged to the Santa Cruz River (ESCR) plus the amount of effluent used directly by the cooperators or other entities (ED). Direct use by cooperators includes effluent diverted from the plants prior to discharge to the river and/or any downstream diversions. Downstream diversions by other entities are reflected in the term Do. Ep = ESCR + ED ED = EDT + Eoo + EOM + Eop + Eos + EONew + CEP + Do where: Ep = Total effluent produced from all Metropolitan Area wastewater plants!. ESCR = Total effluent discharged to, and allowed to remain in the Santa Cruz River (physical losses not deducted). ED = Total effluent directly reused and/or diverted from the Santa Cruz River. EDT = Direct and downstream diversions of effluent entitled to City of Tucson. Eoo = Direct and downstream diversions of effluent entitled to Oro Valley. EOM = Direct and downstream diversions of effluent entitled to MDWID. EDNew = Direct and downstream diversions of effluent entitled to New cooperator. EDP = Direct and downstream diversions of effluent entitled to Pima County. Eos = Direct and downstream diversions of effluent entitled to SA WRSA. CEP = Conservation Effluent Pool (up to 10,000 AFNR). DD = Downstream diversions of effluent by entities other than the cooperators. Individual Effluent Entitlement of Effluent Production The total effluent produced (Ep) can be used for SA WRSA (S), the Conservation Effluent Pool (CEP), and individual entitlements for each cooperator. Individual entitlements are a function of gross effluent produced. Details of the individual entitlements are based on existing IGAs (i.e., OE is equivalent to Step Four (Exhibit 3 of City of Tucson - Town ofOro Valley Inter- governmental Agreement Relating to Effluent)). '" . L G b 6 Ep = S + CEP + TE + OE + ME + PE + NewE .::i . I Equivalent to E in Exhibit 3 of City of Tucson - Town ofOro Valley IGA {A0003522.DOCI} Draft Effluent Concept Formulas April 28, 2002 TMT,JK,MEL Page I of6 where: Ep = Total effluent produced from all Metropolitan Area wastewater plants S = SA WRSA effluent (28,200 AFNR plus losses). CEP = Conservation Effluent Pool (up to 10,000 AFNR) TE = Net effluent entitled by City of Tucson OE = Net effluent entitled by Town ofOro Valley ME = Net effluent entitled by MDWID PE = Net effluent entitled by Pima County NewE = Net effluent entitled by New Cooperator · Gross Effluent Calculations The first step is to determine the 'gross' effluent entitlements ofOro Valley, MDWID, and "New" cooperators subject to the IGA's with Tucson. L = Ep/I OGAE = Qov * F * L MGAE = QMW * F * L NewGAE = QNEW * F * L where: L = Loss Factor % of Effluent remaining after Metropolitan Area wastewater plants3. Ep = Total effluent produced from all Metropolitan Area wastewater plants. I = Quantity of water delivered to Metropolitan Area wastewater treatment plants4. F = 0.62 "Factor loss of waters produced and returned to the Metropolitan Area wastewater plants, applies to IGA members." 5 Qov = Quantity of Potable Water delivered to Oro Valley Customers (non-irrigation)6. QMV = Quantity of Potable Water delivered to MDWID Customers (non-irrigation). QNEW= Quantity of Potable Water delivered to New Cooperator Customers (non- irrigation). OGAE = gross amount of Effluent derived from the waters of Oro Valley7. MGAE = gross amount of Effluent derived from the waters ofMDWID. NewGAE = gross amount of Effluent derived from the waters of New Cooperator. · SA WRSA Contributions Next, the individual contributions to the SA WRSA total are calculated. OS = (S/Ep) * OGAE MS = (S/Ep) * MGAE NewS = (S/Ep) * NewGAE PS = S * 10% TS = S -OS-MS-NewS-PS (S = TS +OS + MS + NewS + PS) i L ::: .....,. b 2 Equivalent to OE Exhibit 3 of City of Tucson - Town ofOro Valley IGA 3 Step I of Exhibit 3 of City of Tucson - Town ofOro Valley IGA 4 Equivalent to I in Exhibit 3 of City of Tucson - Town ofOro Valley IGA 5 Equivalent to F in Exhibit 3 of City of Tucson - Town ofOro Valley IGA 6 Equivalent to Q in Exhibit 3 of City of Tucson - Town ofOro Valley IGA 7 Step 2 of Exhibit 3 of City of Tucson - Town ofOro Valley IGA {A0003522.DOC/}Draft Effluent Concept Formulas April 28, 2002 TMT,JK,MEL Page 2 of6 - . ..... :i ... G where: S = 28,200 AFNR plus losses (SA WRSA effluent). OS = SA WRSA contribution from Oro Vallel. MS = SA WRSA contribution from MDWID. NewS = SA WRSA contribution from New Cooperator. PS = SA WRSA contribution from calculation of Pima County effluent entitlement. TS = SA WRSA contribution from Tucson Water. · CEP Contributions Next, the contributions to the Conservation Effluent Pool are calculated. OCEP = CEP/(Ep - S) * (OGAE - OS) MCEP = CEP/(Ep - S) * (MGAE - MS) NewCEP = CEP/(Ep - S) * (NewGAE - NewS) PCEP = CEP * 10% TCEP = CEP - OCEP - MCEP - NewCEP - PCEP where: Ep = Total effluent produced from all Metropolitan Area wastewater plants. S = 28,200 AFNR plus losses (SA WRSA effluent). CEP = Conservation Effluent Pool (up to 10,000 AFNR) OCEP = CEP contribution from Oro Vallel. MCEP = CEP contribution from MDWID. NewCEP = CEP contribution from New Cooperator. PCEP = CEP contribution from Pima County. TCEP = CEP contribution from Tucson Water. · Contributions to Pima Countv Effluent Contributions to Pima County Effluent (from the IGA cooperators with Tucson) are calculated. OPE = (OGAE - OS - OCEP) * 10% MPE = (MGAE - MS - MCEP) * 10% NewPE = (NewGAE - NewS - NewCEP) * 10% where: OPE = Pima County contribution from Oro ValleyIO. MPE = Pima County contribution from MDWID. NewPE = Pima County contribution from New Cooperator. · Net Effluent Entitlement The Net Effluent entitlements for all cooperators are calculated. The SA WRSA and CEP effluent totals are defined previously. The SA WRSA, CEP, and individual Net Effluent Entitlements sum to the total effluent produced (Ep). i (1 OElI = OGAE - OS - OCEP - OPE 8 Step 3 of Exhibit 3 of City of Tucson- Town ofOro Valley IGA 9 Step 3 of Exhibit 3 of City of Tucson - Town ofOro Valley IGA 10 Step 3 of Exhibit 3 of City of Tucson - Town ofOro Valley IGA 11 Step 4 of Exhibit 3 of City of Tucson - Town ofOro Valley IGA 4 {A0003522.DOC/} Draft Eftluent Concept Formulas April 28, 2002 TMT,JK,MEL Page 3 of 6 ME = MGAE - MS - MCEP - MPE NewE = NewGAE - NewS - NewCEP - NewPE PE = (Ep- S - CEP) * 10% TE = Ep - S - CEP - PE - OE - ME - NewE Total Managed Recharge Recharge is calculated by the operator of the MUSF and reported to ADWR according to volumes discharged to the channel and volumes lost from the channel that are not recharged. This formula calculates the volume recharged in the channel between Ina Road and Trico Road. ER = ESCR - QOUT - EV AP - RlR - RCET where: ER = Effluent Recharged in Santa Cruz River between Ina Road and Trico Road. ESCR= Total effluent discharged to and allowed to remain in the Santa Cruz River (from Pima County) QOUT = Surface flow out of Managed Recharge Area (from USGS) EV AP = Evapotranspiration Loss for the stretch from Cortaro Road to Trico Road. RCET = Volume evaporated between Cortaro Road and Ina Road. (In the SCRMUSF permit, the evaporation term is calculated for the stretch of river from Roger Road to Cortaro Road, not Ina Road. This leaves just the evaporation from Cortaro Road to Trico Road to be considered in the term 'EV AP' . RlR = Volume recharged between Roger Road and Ina Road. Note: Stormflow events in the Managed Recharge Area need to be addressed in the facility permit application. Individual Effluent "In-Channel" Entitlement (Ina to Trico) The volumes of effluent entitled to each cooperator that is discharged to and allowed to remain in the Santa Cruz River are calculated. The cooperators' proportioned contributions to the volume of effluent taken by downstream diversions by non-cooperators is considered. Also, the individual contributions to physical losses and the effluent recharge between Roger Road and Ina Road is considered. The sum of the individual "in-channel" entitlements plus physical losses plus the volume recharged between Roger Road and Ina Road is equal to the total effluent in the Santa Cruz River (ESCR)' ESCR = Err + RCET + EV AP + RlR Err = Srr + TErr + OErr +MErr + NewErr + PErr where: Err = Effluent available for recharge from Ina to Trico. TErr = Effluent discharged to the river owned by City of Tucson at Ina Road. OErr = Effluent discharged to the river owned by Town ofOro Valley at Ina Road. MErr = Effluent discharged to the river owned by MDWID at Ina Road. NewErr = Effluent discharged to the river owned by New Cooperator at Ina Road. PErr = Effluent discharged to the river owned by Pima County at Ina Road. Srr = Effluent discharged to the river controlled by SA WRSA at Ina Road. - ,- Q b '? :: .~ "-' 5 {A0003522.DOCI} Draft Effluent Concept Formulas April 28, 2002 TMT,JK,MEL Page 4 of 6 " , o Individual Contributions to Downstream Diversions Do = DOT + Doo + DOM + Dop + Donew SubTotal-l = (TE + OE + ME + PE + NewE) - (EOT + Eoo + EOM + Eop + EDnew) - RCET - (R1R/2) DOT = Do * ((TE - EOT - RCET - (R1R/2))/SubTotal-l) Doo = Do * ((OE - Eoo)/SubTotal-l) DOM = Do * ((ME - EoM)/SubTotal-l) Dop = Do * ((PE - EDP)/SubTotal-l) DoNew = Do * ((NewE - EoNew)/SubTotal-l) where: DOT = City of Tucson contribution to Do. Doo = Oro Valley contribution to Do. DOM = MDWID contribution to Do. Dop = Pima County contribution to Do. DoNew = New Cooperator contribution to Do. o Individual Contributions to Evaporation Tucson assumes the evaporation from Roger Road to Cortaro Road as part of SCRMUSF (RCET) Individual contributions to the evaporation from Cortaro Road to Trico Road are based on the proportioned ownership of effluent that is in the river at Ina Road (ETN-S), except for SA WRSA effluent: EV AP = T P2ET + OP2ET + Mp2ET + PP2ET + NeWP2ET TP2ET = EV AP * ((TE - EOT - RCET - (R1w2))/SubTotal-l) OP2ET = EV AP * ((OE - Eoo)/SubTotal-l) MP2ET = EV AP * ((ME - EoM)/SubTotal-l) PP2ET = EV AP * ((PE - Eop)/SubTotal-l) NeWP2ET = EV AP * ((NewE - EoNew)/SubTotal-l) where: EV AP = Evapotranspiration Loss for the stretch from Cortaro Road to Trico Road. T P2ET = Tucson contribution to evaporation from Cortaro to Trico OP2ET = Oro Valley contribution to evaporation from Cortaro to Trico MP2ET = MDWID contribution to evaporation from Cortaro to Trico PP2ET = Pima County contribution to evaporation from Cortaro to Trieo NeWP2ET = New cooperator contribution to evaporation from Cortaro to Trico o Individual Effluent Entitlement. Ina- Trico ~ 1 TErr = TE - EOT - DOT - RCET - (R1R/2) - Tp2ET OErr = OE - Eoo - Doo - OP2ET MErr = ME - EOM - DOM - Mp2ET PErr = PE - Eop - Dop - PP2ET NewErr = NewE - Eonew - Donew - NewP2ET Srr = S - Eos - (R1w2) ..... '.' .... ..- lC Co 'L - ~ .... .. lC {A0003522.DOC/} Draft Effluent Concept Formulas April 28, 2002 TMT,JK,MEL Page 5 of6 Individual Recharge Credits Earned (Ina to Trico) Based on the percentage of effluent in the river and the volume recharged in the MUSF (ER), the number of recharge credits accrued by each cooperator is calculated. SA WRSA effluent is not subject to physical losses; however, it does provide a proportioned share ofthe effluent that flows out of the MUSF at Trico Road. Therefore, physical losses are calculated relative to the Cooperators except for SA WRSA, while the effluent outflow at Trico (QOUT) is shared proportionally by all cooperators. D Percenta!!es for Shares Subtotal-2 = TErr + OErr + MErr + PErr + NewErr T% (of SubT) = TErr / Subtotal-2 0% (of SubT) = OErr / Subtotal-2 M% of (SubT) = MErr / Subtotal-2 P% of (SubT) = PErr / Subtotal-2 New% of (SubT) = NewErr / Subtotal-2 S% (of Total) = Srr / Err D Rechar!!e Credits SRC = (Srr - (S% * QOUT) * 50% TERC = T% * (ER - (SRC * 2)) * 50% OERC = 0% * (ER- (SRC * 2)) * 50% MERc = M% * (ER - (SRC * 2)) * 50% NewERC = New% * (ER - (SRC * 2)) * 50% PERC = P% * (ER - (SRC * 2)) * 50% where: TERC = Recharge credits for City of Tucson. OERC = Recharge credits for Town ofOro Valley. MERc = Recharge credits for MDWID. NewERC = Recharge credits for New Cooperator. PERC = Recharge credits for Pima County. SRC = Recharge credits for SA WRSA. 1 ... 2 -- w if !.oi {A0003522.DOC/} Draft Effluent Concept Formulas April 28, 2002 TMT,JK,MEL Page 6 of6 , " Ep Effluent Recharge Calculations from Ina Road to Trico Road SA WRSA TS OS MS NewS PS SA WRSA CHK 21217 2081 2081 o 2820 28200 Max Direct Diversion T 29902 0 3042 M 3042 P 4580 New 0 "In-Channel" Entit. TErr 17135 OE1T 2912 MErr 2912 PErr 3522 NewErr 0 Subtotal-2 26482 Srr 23547 Err 50028 Percentages T% ofSubtotal-2 64.7% 0% of Subtotal-2 11.0% M% of Subtotal-2 11.0% P% ofSubtotal-2 13.3% New% ofSubtotal-2 0.0% SUM ofSubtotal-2 100.0% S% of Total 47.1% Subtotal-2% of Total 52.9% Credits Una-Trico) TERC 5999 OERC 1019 MERC 1019 PERC 1233 NewERC 0 SERC 8243 Total 17514 Recharge CHK 35028 Entity Tucson Ow Valley MDWID Pima County New Coop. SA WRSA CEP Total Created: Modified: Direct Reuse 12000 o o 900 o o o 12900.0 01/07/2002 04/2812002 Credits 8325 1019 1019 1233 o 10570 22167.5 CEP Contributions TCEP 0 OCEP 0 MCEP 0 NewCEP 0 PCEP 0 CEP CHK 0 PC Emuent Contrib. OPE MPE NewPE 338 338 o Net Emuent Entit. TE 35135 OE 3042 ME 3042 PE 4580 NewE 0 SA WRSA 28200 CEP 0 EpCHK 74000 Subtotal-l 27667 Cont. to P2 ET T o M P New P2 ET CHK 702 119 119 144 o 1085 Aquifer ET Loss DD Loss 8325 1282 65 1019 119 11 1019 119 11 1233 144 13 0 0 0 10570 0 0 22167.5 1665.0 100.0 ~_1(8! !!~)I_1l!)I))ICells for Data Input. All values in acre-feet unless otherwise noted. Outflow Total 35135 3042 3042 4580 o 28200 o 74000 74000 or -- 5138 873 873 1056 o 7060 i L = , :.' 15000,0 .,: .:; = , ATTACHMENT III ~ J " ' . BOUNDARIES of TOWN OF MARANA CMID, and CWUA Map: Marana Town Limits Map: CMID (Cortaro-Marana Irrigation District) Boundary Map: CWUA (Cortaro Water Users' Association) Boundary L """'" ..... ....: .... . " s I" r'"\ 13 ~ ~ 't; <( ~ ... fo- Z ...l N z4t0 ~ ~ ... .... Q Q <( iI: :;E D .... d 0( ~ o f0- ot g I I I I I I I I +---+ I I I I I I I ___~ I I -+- I I I 1 t I o ~ E. I ~ ~ ~ ~ I -6' -..-0(. -Ii- - _L ~ ~ 't. I z: I ~ I ..... I : I' ? r o 3 I I I I !- i I ~' , ! ,- I I --- ---+---i I I :! 111 It I . II f--+--\ ('"-'-'--+----t-t-+-- 1_ 1 I I r 1- -, I ' I ' I ~ + I I I \ r-+L-r- " I I -L_ 1 ....... "'-'" G r" 8 ""'""" 13 ~ ~ <l: ~ ... 0 Z ~ , ~z 0<( - 0 ~ f- n~! E N ........0 ~ ::; ... ~ ::Ez .. c: on " c: ~ Q :> 0 U:J 0 .... a> .. '" Q c: 0 .. J :::;: l;; 0 :::;: CO DO 1 2 fA r o b ~ ......!' ~ .. i ~ . 0 ~ 0 r"\ ~ ~ ~ ~ ... 0 l <(<( ~ I- =>0 ~ E u N ~ :::; a_" ~ 52 c: c: In ~ ~ Q 0 0 lD I- ... u=> <( " c: :J " I 0 ~ :n ::t co DO < !1 o lii e I I I ---+-- I I I I ----i-- I I ~ I . J . r----,r I I - I '>--.....' : I . I I, I ~+-''--'' - l- \ _ _ ->--- 31 -",I "-. I ~ 1 . }..,. . "',' ..I 1 '--....:. ~ iii I S Q.:.r------- ~ \ I I Oi .s a.. I I I --1 I ! t 1 2 .1/ '" I A r- CIt :. I I I I . " I 1-- -~-~---- I I I . - - -.lJr~:- . : , r -Ht~~--iJI , I 1 1 - 1 I I I , I ':Jo ~, 4 'i! .!. ? CERTIFIED RESOLUTION On April 8, 2003, the following Resolution was duly adopted by the Board of Directors of the Cortaro-Marana Irrigation District, Pima County, Arizona, to wit: Motion by John Kai, Jr., seconded by Arthur B. Pacheco, Jr., to adopt the following Resolution: RESOLVED, that whereas the Intergovernmental Agreement regarding permitting and operating managed in-channel recharge of effluent in the Santa Cruz River Channel, which Agreement is herewith attached as Exhibit A, is hereby authorized and approved; and WHEREAS, the President of the District is hereby authorized to direct and execute the Intergovernmental Agreement attached as Exhibit A for and on behalf of the District and the Secretary of the District is authorized and directed to attest to the same; and WHEREAS, various District Officers and employees are directed to perform all acts necessary or desirable to give effect to this Resolution; NOW, THEREFORE, this Resolution shall be effective immediately upon execution and the Officers are authorized to execute. Motion carried unanimously. The Resolution was declared adopted. I hereby certify that the foregoing Resolution adopted on April 8, 2003 by the Board of Directors of the Cortaro-Marana Irrigation District, Pima County, is in full force and effect and has not been altered, amended or revised. I, the Secretary of the Cortaro-Marana Irrigation District, do hereby certify that the foregoing Resolution is a true and correct copy of the Resolution adopted on April 8, 2003, by the Cortaro-Marana Irrigation District Board of Directors and the President, Arthur B. Pacheco, Jr., is authorized to execute the same and is the President of the District. RESOLUTION NO. (R) 03- 20 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT REGARDING PERMITTING AND OPERATING MANAGED IN-CHANNEL RECHARGE OF EFFLUENT IN THE SANTA CRUZ RIVER CHANNEL. WHEREAS, the Town ofOro Valley is empowered by A.R.S. Title 11, Chapter 1, Article 3 to enter into this Intergovernmental Agreement (IGA); and WHEREAS, the parties to this IGA, being located in the Tucson Active Management Area, rely on the same aquifers for water supplies and need a dependable long-term water supply for their residents and customers, have a community of health, safety and welfare concerns regarding the methods, manner and mechanisms for water management, including the storage and recovery of effluent and the mechanisms required to successfully operate a recharge and recovery system; and WHEREAS, the parties acknowledge the issues of water quality and water treatment are of importance to all water users in the region and that the region's water users would benefit from coordination of activities and planning in these areas; and WHEREAS, the parties wish to work cooperatively toward the management of their water supplies, including effluent, and in particular, to establish mutually acceptable principles for the storage and recovery of effluent; and WHEREAS, the parties have an interest in establishing a new managed in-channel recharge facility along a certain stretch of the Santa Cruz River in order to establish additional control over the effluent and to accrue underground storage credits for that recharged effluent being discharged into the river channel. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Oro Valley, Arizona, that the Intergovernmental Agreement regarding permitting and operating managed in-channel recharge of effluent in the Santa Cruz River channel, Attached hereto as Exhibit A, is hereby approved. BE IT FURTHER RESOLVED that the Mayor, and or any other administrative official of the Town of Oro Valley as required, are hereby authorized to take such steps as are necessary to execute and implement the terms of the Agreement. PASSED ANDADoPTli:D b Arizona th. 19 h d Y the MaYor BrJd COUncil of the T 0% of Oro Valley , IS ~ ay Of~ 2003. , TOWN OF ORO VALLEY ATTEST: ~~.~ Kath E. Cuvelier, Town Clerk APPROVED AS TO FORM: ~ ~~.. Town Attorney ~.- MASTER RECOVERY PLAN PURSUANT TO THAT INTERGOVERNMENTAL AGREEMENT OF 2003 REGARDING PERMITTING AND OPERATING MANAGED IN-CHANNEL RECHARGE OF EFFLUENT IN THE SANTA CRUZ RIVER CHANNEL This Master Recovery Plan ("Master Recovery Plan") is adopted pursuant to Section VI of that Intergovernmental Agreement Regarding Permitting and Operating Managed In-Channel Recharge of Effluent in the Santa Cruz River Channel dated March 23, 2003 ('11GA") between the CORTARO-MARANA IRRIGATION DISTRICT a political subdivision of the State of Arizona ("CMID"), TOWN OF MARANA, an Arizona municipal corporation, (11marana!'), AVRA VALLEY IRRIGATION AND DRAINAGE DISTRICT, a political subdivision of the State of Arizona ("AVIDD"), FLOWING WELLS IRRIGATION DISTRICT ("FWID"), a political subdivision of the State of Arizona, METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, a political subdivision of the State of Arizona C'MDWID"), PIMA COUNTY, a body politic and corporate, a political subdivision of the State of Arizona ("Pima County"), TO" OF ORO VALLEY, an Arizona municipal corporation, ("Oro Valley"), the CITY OF TUCSON, an Arizona municipal corporation C'Tucson"), (collectively "Local Parties"), and the Bureau of Reclamation ("Reclamation7'). SECTION 1. NATURE OF MASTER RECOVERY PLAN 1.1 This Master Recovery Plan is adopted pursuant to Section VI of the IGA to be effective when executed by all of the Authorized Representatives of the Marana-area Recoverers. The Master Recovery Plan shall not amend or alter the IGA, but to the extent possible, shall be construed to be consistent with the IGA. The terms used herein shall have the same meaning as set forth in the IGA, unless otherwise specifically defined in this Master Recovery Plan. SECTION 11. DEFINITIONS 2.1 "Specific Recovery Agreement" means an agreement for the Recovery of Effluent Credits from the Marana-area between a particular Recoverer or group of Recoverers and CMID/CWUA and/or Marana, as applicable, and consistent with the IGA. 2.2 "Initial Recovery Plan Proposar' or "Initial Proposal" means the information provided by a Recoverer or group of Recoverers to CMID/CWUA and/or Marana, as applicable, in order to develop a Specific Recovery Agreement. The Initial Recovery Plan Proposal shall include at least the following information: (1) quantity of water to be Recovered; (2) location of the delivery point for the Recovered water; (3) a proposed schedule for delivery of Recovered water, (4) water quality parameters; (5) information about the Recoverer's infrastructure to be used for delivery; and (6) information about the Effluent Credits owned by the Recoverer and the accrual rate of future Effluent Credits for the duration of the Initial Proposal. 2.3 "Initial Recovery Plan Counterproposal" or "Initial Counterproposal" means the information provided by CMID/CWUA and/or Marana, as applicable, in response to an Initial Recovery Plan Proposal. This Initial Recovery Plan Counterproposal will include at least information about: (1) The facilities and infrastructure available for Recovery; (2) a simple list and description of facilities that in the best estimate of CMID/CWA and/or Marana, as applicable, will need to be constructed to bridge any gaps in the CMID/CWUA and/or Marana, as applicable, infrastructure and easements between the proposed recovery location and the delivery destination; (3) the quantity and quality of recovered water and schedule for recovery; and (4) an estimated cost per acre foot for Recovered water at the CMID/CWUA and/or Marana, as applicable, welthead(s). 2.4 "Second Recovery Plan Proposal" or "Second Proposar' means the information provided by a Recoverer or group of Recoverers to CMID/CWUA and/or Marana, as applicable, in order to develop a Specific Recovery Agreement The Second Proposal will be a detailed firm proposal consistent with the IGA, including at least follow-up and response to the Initial Proposal and Initial Counterproposal, a schedule for completion of any new infrastructure required to meet the Recoverers' needs, information regarding compliance with the terms of this Master Recovery Plan and Section VI of the IGA, and other information necessary to finalize the Specific Recovery Agreement, including the Recoverers' estimates for costs for recovery that does not occur at a CMIDICWUA and/or Marana, as applicable, wellhead. It is the signatories' expectation that the interval between the submission of the Initial and Second Proposals will afford the Recoverer or group of Recoverers and CMID/CWUA and/or Marana, as applicable, the opportunity to discuss and resolve issues raised by the particular proposal and to work toward the submission of a Second Proposal that reflects the common agreement of the parties. 2.5 "Second Recovery Plan Counterproposal" or "Second Counterproposal" means the infbrmation provided by CMID/CWUA and/or Marana, as applicable, to a Recoverer or group of Recoverers in response to a Second Recovery Plan Proposal. The Second Counterproposal will be a detailed and firm proposal consistent with the IGA, including at least follow-up and response to information provided previously by the Recoverer or group of Recoverers and CMID/CWLJA and/or Marana, as applicable. 2 SECTION III. NEED FOR A MASTER RECOVERY PLAN 3.1 The Local Parties and Reclamation have secured the Facility Permit and commenced operation of the Facility and are storing Effluent at the Facility and accruing Effluent Credits in connection therewith. At the present time, no Recovery is occurring within the Marana-area and none is planned in the foreseeable future. The Marana-area Recoverers, nevertheless desire a Master Recovery Plan that enables the development of Specific Recovery Agreements when and if Recovery is sought within the Marana-area. SECTION IV. RECOVERY WITHIN THE MARANA-AREA 4.1 There shall be no Recovery of any Effluent stored at the Facility within the Marana-area except in accordance with this Master Recovery Plan and the IGA. 4.2 Any transfer of Effluent Credits from a Participant to another Participant or to a non-Participant Recoverer shall specify what portion of the Effluent Credits being transferred can be Recovered a) from a location south of the Rillito Narrows and b) from a location north of the Rillito Narrows. 4.3 No Recoverer will seek a permit for Recovery within the Marana-area unless (a) pursuant to a Specific Recovery Agreement or (b) the Recoverer has followed the following process. 4.3.1 An Initial Recovery Plan Proposal is submitted. 4.3.2 CMID/CWUA and/or Marana, as applicable, are provided seventy- five (75) days, or such longer period as agreed upon by the Recoverer(s), to provide an Initial Recovery Plan Counterproposal. The Initial Counterproposal will address information presented in the Initial Proposal and shall be held open for one hundred and twenty (120) days or such longer period as may be specified in the Initial Counterproposal. 4.3.3 A Second Recovery Plan Proposal is submitted after the seventy- five (75) day period set forth in Section 4.3.2, above, whether or not an Initial Counterproposal is submitted. At any time following the submission of the Second Proposal, CMID/CWUA and/or Marana, as applicable, may notify the Recoverer of its acceptance. 4.3.4 As an alternative to acceptance of the Second Proposal, CMID/CWUA and/or Marana, as applicable, are provided not less than one hundred twenty (120) days to either accept the Second 3 Recovery Plan Proposal or provide a Second Recovery Plan Counterproposal. A Second Counterproposal, if provided, will specifically identify those items that differ from the terms of the Second Proposal and those items that are common to both the Second Proposal and Second Counterproposal. 4.3.5 In the absence of a Second Counterproposal, the Recoverer(s) submitting the Second Proposal may proceed with the application for a recovery permit in accordance with the Second Recovery Plan Proposal and in conformance with the terms of the IGA and this Master Recovery Plan. The failure to respond to a Second Proposal will be deemed a waiver by CMID/CWUA and/or Marana, as applicable, of any objection to the Second Recovery Plan Proposal, except objections based on the Recoverer's failure to comply with the terms of the Re-coverer's own Second Proposal or the terms of the IGA. 4.3.6 If a Second Counterproposal is provided but is rejected, the Recoverer(s) and CMID/CWUA and/or Marana, as applicable, will meet and confer within the sixty (60) days following submission of the Second Counterproposal to determine whether agreement can be reached on a Specific Recovery Agreement that provides corn. parable quantity and quality and cost of recovered water to the Recoverer and is otherwise consistent with the provisions of this Recovery Plan and the IGA. 4.3.7 If an agreement is reached through the process set forth above in Sections 4.3.1 through 4.3.6, the agreement shall be formalized into a Specific Recovery Agreement to be adopted by the Recoverer, or group of Recoverers, and CMID/CWUA and/or Marana, as applicable, and provided to the Participants. 4.3.8 If no agreement is reached on a Specific Recovery Agreement following the submission of the Initial and Second Proposals and Initial and Second Counterproposals, the Recoverer and CMID/CV*rUA and/or Mamna, as applicable, shall submit their respective Second Proposal and Second Counterproposal to the arbitration process established in Section IX of the IGA. The Arbift-ator may reject any Second Proposal or Second Counterproposal on the grounds that it does not meet the requirements of Section VI of the IGA. Should the Arbitrator determine that any Second Proposal is consistent with the terms of this Master Recovery Plan and the IGA, the Recoverer may proceed with Recovery in accordance with the Second Proposal. In maldng such determination, the Arbitrator must take into consideration the Second Proposal(s) and Countefproposal(s). 4 Should the Arbitrator rule that the Second Proposal is not consistent with the ternis of the IGA, but that the Second Counterproposal is consistent with the IGA, the Recoverer may proceed with Recovery only under the terms of the Second Counterproposal. Should the Arbitrator conclude that neither the Second Proposal nor the Second Counterproposal are consistent with the IGA and this Master Recovery Plan, no recovery based on either submission shall occur, and any recovery may proceed only by submission of a new Initial Proposal under the terms of Section 4.3 of this Master Recovery Plan. 4.3.9 Nothing in this Master Recovery Plan shall be construed as a grant of authority, waiver, or other authorization to use the facilities of any Participant. Such consent must be evidenced in writing, such as through a duly approved and executed Specific Recovery Agreement. Nothing herein shall be construed as granting the arbitrator or the arbitration authority to authorize the use of the facilities of any Participant, SECTION V. DEVELOPMENT OF A GROUNDWATER FLOW MODEL 5.1 The Marana-area Recoverers agree to develop a scope of work for conducting a hydrologic assessment with defined assessment objectives and quantifiable measures of those objectives; adopt a groundwater flow model to serve as a tool to evaluate the consistency of any Initial or Second Proposal or Initial or Second Counterproposal with the defined quantifiable measures; and periodically update the model to maintain its usefulness for this purpose. 5.2 The costs for development modification, update, adoption and maintenance of the model and its associated evaluation protocols shall be presented for consideration and adoption as part of the annual budget process as a cost to be borne by the Participants as an extraordinary cost of the Facility. 5.3 The signatories to this M aster Recovery Plan shall provide, at no cost to the other Participants, copies of any flow model, including updates and underlying data and assumptions of the model that are a matter of a public record, provided a majority of the Marana Area Recoverers agree that such model will be of assistance in developing, moditring, updating, adopting or maintaining a groundwater model under this Master Recovery Plan. SECTION VI. TERM 6.1 This Master Recovery Plan,,Dxcept for Section VII hereof, shall terminate June 30, 2012 subject to Sections 6.2 or 6.3, below. 5 6.2 If the Marana-area Recoverers have unanimously adopted a groundwater flow model to serve as a tool to evaluate the consistency of any Initial or Second Proposal or Initial or Second Counterproposal with the defined quantifiable measures by December 31, 2009 then this Master Recovery Plan shall not tem-tinate on June 30, 2012, but shall continue in full force and effect until the earlier of 6.2.1 Termination of the Facility Permit; or 6.2.2 Three years following the submission by any Marana-area Recoverer of a proposal to modify or amend this Master Recovery Plan, including a proposal for a substitute Master Recovery Plan, but no earlier than June 30, 2012; or 6.3 At any time after this Master Recovery Plan is effective, the Authorized Representatives of the Marana-area Recoverers may, by unanimous agreement, establish an alternative termination date for this Master Recovery Plan, or any successor Master Recovery Plan, with or without amendment of the then effective Master Recovery Plan. SECTION VIL ACTION UPON TERMINATION 7.1 Upon termination of this or any subsequent Master Recovery Plan, the signatories to this Master Recovery Plan shall implement the procedures set forth in Section 6.4 of the IGA within 30 days of the applicable termination date and shall provide ADWR notice of their respective notices to terminate the Facility Permit and the IGA shall terminate pursuant to Section 10.2 of the IGA. SECTION Vill. COUNTERPARTS 8.1 This Agreement may be executed in any number of counterparts, and all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed an original hereof. IN WITNESS WHEREOF, the Authorized Representatives of the following Participants have hereunto set their hands the day and year set forth below. [INTENTIONALLY LEFT BLANK] 6 AVRA V G I DRAINAGE DISTRICT Bw.' Dated. ,ARqRRANA IRRIG N DISTRICT CORT B FLOWING S IMPGATION;1STRICT By: Dated:,, METROFQLITAN DOMESTIC WATER IMPROVEMENT DISTRICT By: Dated: PIMA By: Dated: Dated: CIT D ated: TOWN OF ORO VALLEY/) By: Dated: BUREAU OF RECLAMATION By-.,J?? Dated: 1(v Az z /0 ADOPTION OF .A GROUNDWATER FLOW MODEL PURSUANT TO MASTER RECOVERY PLAN The undersigned, being duly authorized and representing not less than all of the Marana- area Recoverers as defined by that certain Intergovernmental Agreement by Multiple Parties Regarding Permitting and Operating Managed In-Channel Recharge of Effluent in the Santa Cruz River Channel initially filed with Pima County Recorder at Docket No. 12066, pages 3364- 3412, and as subsequently recorded reflecting the addition of the Bureau of Reclamation as a participant (the "IGA") do hereby: 1. Adopt (in accordance with Section 6.2 of that Master Recovery Plan duly executed by authorized representatives of all the Participants to the IGA, June of 2007) the most current version of the. ADWR's Regional Groundwater Flow Model for the Tucson Active Management Area, Tucson, Arizona: Simulation and Application (the "GF 1VIode1") available to the public at the time the modeler is selected pursuant to subsection l.a below as the groundwater .flow model to serve as a tool to develop the baseline model (no recovery) and to evaluate the consistency of any Initial or Second Recovery Plan Proposal or Initial or Second Recovery Plan Counterproposal (collectively "Proposals") with the Master Recovery Plan and the IGA in accordance with the following: a. Prior to utilization of the GF Model to evaluate the consistency of such Proposals with the Master Recovery Plan and the IGA, the GF Model shall be updated and calibrated, as may be required, by a modeler selected by the Participants .pursuant to a Scope of Work that includes the Anticipated Scope of Work Elements set forth on Exhibit A and incorporated herein. by this reference; 2. .Agree that at present, no near-term Recovery is planned and that advancements to currently available groundwater models are expected. 3. Agree that the 1Vlarana-area Recoverers, by unanvnous consent, may select a substitute groundwater flow model for the GF Model to evaluate the consistency of such Proposals with the Master Recovery Plan and the IGA and/or may modify the Scope of Work as they deem necessary and appropriate to carry out the intent and purpose of the Master Recovery Plan acid IGA. 4. Agree this Adoption shall be effective as of December 30, 2009 when duly executed by the authorized representative of all of the Marano-area Recoverers prior thereto. 5. Agree this Adoption of a Groundwater Flow Model maybe executed in any number of counterparts, and all such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed an original hereof. [Signatures Fallow On Separate Page{s)] Page 1 of 2 185-39-9klocumentslMisc Agreements~Adoption of GW Flow Model 11-02-09 Final ADOPTION OF A GROUNDWATER FLOW MODEL PURSUANT TO MASTER RECOVERY PLAN SIGNATURE PAGE CORTARO MA A IItRIGATI DISTRICT By: Date~~ ~ METROPOLITAN DOMESTIC WATER IMPROVEMEN DISTRICT By:~ %~/~ FLOWING WELLS IRRIGATION DISTRICT Y: r ,,,. PIMA COUNTY By. `~~~ TO A CXTY OF TUCSON Dated: //~/ °/ Q~ Dated: /l //Z-~u~' Dated: ~~ Dated: /l ~ G~~~ Dated: %/ a ~~o TOWN OF ORO VALLEY By: Dated: d AURA V G TI D DRAINAGE DISTRICT Dated: ~/ -~' ~ = ©`~ BUREAU CLAMAT N By: Dated: ~~/D9 , Page 2 of 2 1851-39-9~documentslMisc AgreementslAdoption of GWFlow ivlodel 11-02-09 Final E~I-IIBIT A TO ADOPTION OF A GROUNDWATER FLOW MODEL PURSUANT TO MASTER RECOVERY PLAN BACKCrROUND INFORMATION AND ANTICIPATED SCOPE OF WORK ELEMENTS The Intergovernmental Agreement (IGA} dated March 24, 2003 and signed by representatives. of Cortaro-Maxana. Irrigation District, Town of Maxana, Avra Valley Irrigation and -Drainage District, Flowing Wells Irrigation District, Metropolitan Domestic Water Improvement District, Pima County, Town of Oro Valley, City of 'T'ucson and Bureau of Reclamation (collectively "Participants."), set forth conditions regarding recharge and recovery at the Lower Santa Cruz River Managed Recharge Project (LSCRMRR): The Underground Storage Permit for the LSCRMRP facility, effective November 4,.2003 through November 3.0, 2023; identifies conditions for. recharge. In accordance with requirements of the IGA, the Participants developed and signed a Master Recovery Plan in June 200.7. The Master Recovery Plan defines requirements for recovery planning, including Section 6.2, which requires the Marano-area Recovers (all Participants except AVIDD and FWID) unanimously adopt a groundwater flow model by December 31; 2009: in. order to avoid termination of the Master Recovery Plan and therefore the IGA on Tune 30, 2012. To meet the first due date of December _3:1, 200.9; a recovery subcommittee was formed by the Participants to develop a scope of work foi conducting a hydrologic assessment with defined assessment objectives and quantifiable measures of those objectives and to. recommend a groundwater flow model to serve as a tool to evaluate the. consistency of any proposed recovery plans with the defined quantifiable measures. The subeommittee~ecognizes that atpresent, no near.-term recovery is planned and advancements to currently available groundwater models are expected. The Participants do not have the significant resources (staffing or cash} necessary to carry out research and development for a groundwater model that may notbe required in the near future and may be outdated by the time recovery is imminent. The recovery subcommittee first developed. a. draft "Objectives.lVlatrix for Evaluating Recovery Proposals and Counterproposals" ("Matrix."j {together with Definitions of Column Headers and Examples of Entries to assist in the use of the Matrix}. which interprets and summarizes the limitations placed on recovery by the IGA, USF permit; Mastex Recovery Plan; and certain aspects of ADWR statute, rule, and guidance. The Marano-area Recoverers are now adopting, pursuant to Sections 5.1 and 6.2 of the Master Recovery Plan, the Arizona Department of Water Resources Regional Groundwater Flow Model of the Tucson Active Management Area, Tucson, Arizona: Simulation and Application {GF Model}, a numerical groundwater flow model, to be used to develop a baseline model (with no recovery} and as a recovery model~to evaluate recovery plan. proposals presented in accordance with Section 4 of the Master Recovery Plan. As described in Section. 5.1, the groundwater flow model is intended- to provide a tool for evaluating recovery proposals against the defined quantifiable measures of the objectives developed. by the Marano=area Recoverers as a scope of work fox hydrologic assessment. Page 1 of 3 ii} To capture and report model inputs: Report of Recovery (well production pursuant to recovery of LSCRMRP credits in the Mazana-area) at all locations and in summary on an annual basis iii} To capture and report model output: (1) Contour maps of water table elevation, depth to water, and water level change (difference) maps (2} Hydrographs (3) Annual cell-by-cell mass balance information and local water budget/mass balance tabulations for specific aquifer azeas to help compare effects of one recoverer's actions on another recoverer. (4) Amount of recoverable water remaining (5) Any stored water not recoverable 2) A.fu11 Modeling report, including a sensitivity analysis, of the model updates and parameters will.. be provided to each Marana-area. Recoverer. a} Rationale far updates b) Parameters c} Summary of information for development of GF Model with no recovery 1$51-39-9~docuinents\Misc AgeementslExhibit A to Adoption of GW Flow Model l 1-02-09 Fiua3 Page 3 of 3 Todd Hamm From: Dorothy O'Brien Sent: Thursday, November 19, 2009 9:39 AM To: Todd Hamm; Tim Mattix Subject: FW: LSCRMRP gf model adoption documents -Finals Follow Up Flag: Follow up Flag Status: Completed Attachments: Adoption of GW Model for LSCRMRP.pdf Adoption of GW Model for LSCRM... I am not sure who this goes to. Attached is the Town's agreement on the model for the Lower Santa Cruz Recharge project. Frank and I had discussed this and it did not need to go to Council but since it is a legal agreement with the project I am sure in needs to be in Laserfiche. If you need more information regarding filing appropriately please call me. Dorothy O'Brien Utilities Director Town of Marana dobrien@marana.com 520-382-2532 -----Original Message----- From: Mike Block [mailto:mblock@metrowater.com] Sent: Thursday, November 12, 2009 1:31 PM To: 'William Sullivan'; 'Tosline, Deborah J'; 'Asia Philbin'; 'Sidney Smith'; Anthony Cuaron; 'Philip Saletta'; 'Prudhom, Bradley D'; 'Holler, Frank (Eric) E'; 'James Dubois'; Mark Stratton; Dorothy O'Brien Cc: 'Michael Curtis'; Warren Tenney; Mike Land Subject: RE: LSCRMRP gf model adoption documents -Finals Here is a copy of the executed agreement for your files and distribution. -----Original Message----- From: William Sullivan [mailto:wsullivan@cgsuslaw.com] Sent: Monday, November 02, 2009 10:29 AM To: Tosline, Deborah J; Asia Philbin; Sidney Smith; Anthony Cuaron; Mike Block; Philip Saletta; Prudhom, Bradley D; Holler, Frank (Eric) E; James Dubois Cc: Michael Curtis Subject: RE: LSCRMRP gf model adoption documents -Finals Attached are PDFs of the Adoption Document and Exhibit A thereto. These are believed to be in final form and ready for execution. They are clean versions of: The redline provided by Asia on 10/30/09, and The clean version I circulated 10/28/09. The document description at the bottom has been changed to reflect today's date and the word "Final." Also, in Exhibit A we deleted the bracketed reference in the first paragraph on page 2 to the possibility to referencing the Participants if they all signed the Adoption Document. Please review to make sure the documents are in an acceptable form. Once each entity has secured the internal approvals that may be necessary to proceed with execution, please coordinate with Sidney 1 securing the necessary signatures. We understand the preference is to try to obtain signatures on a single page - although that is not technically necessary. We also understand the non-Marana-area Recoverers (AVIDD and FWID) will be provided an opportunity to execute also. Thank you all for your comments and efforts throughout this process. We look forward to similar efforts as we complete work on both the Matrix and Scope of Work. Sincerely, Bill William P. Sullivan Curtis, Goodwin, Sullivan, Udall & Schwab, PLC 501 East Thomas Road Phoenix, Arizona 85012 Phone: (602) 393-1700 Facsimile: (602) 393-1703 E-mail: wsullivan@cgsuslaw.com -----Original Message----- From: Tosline, Deborah J [mailto:DTosline@usbr.gov] Sent: Monday, November 02, 2009 8:56 AM To: William Sullivan; Asia Philbin; Sidney Smith; Anthony Cuaron; Mike Block; Philip Saletta; Prudhom, Bradley D; Holler, Frank (Eric) E; James Dubois Cc: Michael Curtis Subject: RE: LSCRMRP gf model adoption documents Bill, Reclamation has no further comments. When will the document be available to sign? Regards, Deborah Tosline, R.G. Hydrologist/Assistant Program Manager U.S. Department of Interior Bureau of Reclamation 300 W. Congress Rm 1L (FB-37) Tucson, AZ 85701 Office: 520-670-4806 Fax: 520-670-4745 Cell: 520-404-1083 dtosline@usbr.gov www.usbr.gov -----Original Message----- From: William Sullivan [mailto:wsullivan@cgsuslaw.com] Sent: Friday, October 30, 2009 8:47 AM To: Asia Philbin; Sidney Smith; Anthony Cuaron; Mike Block; Philip Saletta; Prudhom, Bradley D; Tosline, Deborah J; Holler, Frank (Eric) E; James Dubois Cc: Michael Curtis Subject: RE: LSCRMRP gf model adoption documents Anyone else having comments on the two documents should provide them today so they can be finalized. -----Original Message----- From: Asia Philbin [mailto:Asia.Philbin@tucsonaz.gov] Sent: Friday, October 30, 2009 8:11 AM To: William Sullivan; Sidney Smith; Anthony Cuaron; Mike Block; Philip Saletta; Bradley D Prudhom; Deborah J Tosline; Frank (Eric) E Holler; James Dubois Cc: Michael Curtis Subject: LSCRMRP gf model adoption documents 2 All: The only changes I'm suggesting are deleting from the last paragraph on the first page of to the footer, no real preference where the document. the words "then unanimously" Exhibit A and inserting page numbers (I added page numbers go). No changes to the signature Thank you, Asia Asia Philbin Hydrologist Water Resources Management Tucson Water Department P.O. Box 27210 Tucson, AZ 85726 direct: 520.837.2240 office: 520.791.2689 fax: 520.791.3293 CONFIDENTIALITY NOTICE: This communication from the law firm of Curtis, Goodwin, Sullivan, Udall and Schwab, P.L.C., may contain confidential and proprietary information that may be subject to the attorney-client, work product, other legal privileges or otherwise legally exempt from disclosure even if received in error. The communication is only for use by the intended recipient. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by return email and destroy any copies, electronic, paper or otherwise, which you may have of this communication. This firm does not practice tax law and nothing herein should be interpreted as any type of tax advice. Thank you for your cooperation. CONFIDENTIALITY NOTICE: This communication from the law firm of Curtis, Goodwin, Sullivan, Udall and Schwab, P.L.C., may contain confidential and proprietary information that may be subject to the attorney-client, work product, other legal privileges or otherwise legally exempt from disclosure even if received in error. The communication is only for use by the intended recipient. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by return email and destroy any copies, electronic, paper or otherwise, which you may have of this communication. This firm does not practice tax law and nothing herein should be interpreted as any type of tax advice. Thank you for your cooperation. 3