HomeMy WebLinkAboutResolution 2002-135 agreement with central arizona water conservation districtMARANA RESOLUTION NO. 2002-135
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA,
ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE
TOWN OF MARANA AND CENTRAL ARIZONA WATER CONSERVATION DISTRICT
PROVDING FOR THE DELiVERY OF EXCESS CENTRAL ARIZONA PROJECT WATER.
WHEREAS, the Town of Marana, in order to maintain its Designation of Assured Water
Supply, is ' '
reqmred by the Arizona Department of Water Resources (ADWR) to recharge or directly
use renewable resource water to offset the groundwater pumped each year; and
WHEREAS, the Town of Marana pumped 572 acre-feet of groundwater in 2001 and has a
current agreement with CAWCD to acquire 47 acre-feet of CAP water for recharge; and
WHEREAS, the United States of America, acting through the Department of the Interior, and
the Central Arizona Water Conservation District (the "CAWCD") entered into an agreement on
December 1, 1988, whereby the CAWCD may sell for various uses water that is not already allocated
for distribution by the CAWCD; and
WHEREAS, the Town of Marana desires to obtain an additional source of water for the
purpose of recharge or directly using a renewable water source to fulfill its Designation of Assured
Water Supply; and
WHEREAS, the CAWCD may annually have additional water that the Town may use for
recharge or for directly using a renewable water source and has offered to contract, through the
Agreement, with the Town for the contingent purchase of that water; and
WHEREAS, acceptance of the Agreement between the Town of Marana and the CAWCD
providing for the deliver3, of excess Central Arizona Project ("CAP") water will enable the Town to
contingently purchase additional excess CAP water; and
WHEREAS, the Town has contracted with Cortaro/Marana Irrigation District to recharge the
CAP water and the To~m will gain stored water credits for the recharged water, which will satisfy
the recharge requirement of ADWR; and
WHEREAS, the Mayor and Council find that it is in the best interest of the Town to enter
into the Agreement with CAWCD to purchase excess CAP water.
Marana, Arizona Resolution No. 2002-i35 Page i of 2
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, accepting and authorizing the approval of the Agreement between the Town of Marana and
the Central Arizona Water Conservation District providing for the delivery of excess Central Arizona
Project Water.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
3rd day of December, 2002.
ATTEST:
*'Town Clerk
APPROVED AS TO FORM:
Daniel J. Hochui~, Esq.
As Town Attorney
and not personally
~N, JR.
Marana, Arizona Resolution No. 2002-135 Page 2 of 2
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F. ANN RODRIGUEZ, RECORDER
RECORDED BY: ~\
n. ~TY RECORDER
0503 PEl
DO~T: 11964
PA 3137
NO. OF PAGES: 14
SEQUENCE: 20030070863
01/10/2003
AG 16:47
SMARA
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
MAIL
AMOUNT PAID $ 12.50
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AGREEMENT BETWEEN THE CENTRAL ARIZONA
WATER CONSERVATION DISTRICT AND
TOWN OF MARANA
PROVIDING FOR THE DELIVERY OF EXCESS
CENTRAL ARIZONA PROJECT WATER
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This Agreement is made as of the --6.th day of January
,2003, in pursuance generally of
the Act ofJune 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, including
but not limited to the Boulder Canyon Project Act of December 21, 1928 (45 Stat. 1057, as amended, the
Reclamation Project Act of August 4, 1939 (53 Stat. 1187), as amended, the Reclamation Reform Act of
October 12, 1982 (96 Stat. 1263), and particularly the Colorado River Basin Project Act of September 30,
1968 (82 Stat. 885), as amended (the "Basin Project Act"), between the CENTRAL ARIZONA WATER
CONSERVATION DISTRICT ("CA WCD"), and the TOWN OF MARANA (the "Contractor"), with
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its principal place of business in Marana, Arizona.
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RECITALS
A. The Basin Project Act provides, among other things, that for the purposes of
furnishing irrigation and municipal and industrial ("M&I") water supplies to water deficient areas of Arizona
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and western New Mexico through direct diversion or exchange of water, control of floods, conservation
and development of fish and wildlife resources, enhancement of recreation opportunities, and for other
purposes, the Secretary shall construct, operate, and maintain the Central Arizona Project ("CAP").
B. The United States and CA WCD have entered into Contract No. 14-06- W -245,
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Amendment No.1, dated December 1, 1988 (the "Repayment Contract"), which is incorporated by
reference, providing for the delivery of water and repayment of costs of the CAP.
C. The United States and CA WCD have entered into the Stipulation Regarding a Stay
of Litigation, Resolution ofIssues During the Stay and for Ultimate Judgment upon the Satisfaction of
ORIGINAL 1 OF 2
1.
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Conditions, filed with the United States District Court on May 3,2000, in Central Arizona Water
Conservation District v. United States, No. CIY 95-625- TUC- WDB (EHC), No. CIY 95-1 720-PHX-
EHC (Consolidated Action) (the "Stipulation"), which modifies the Repayment Contract in certain respects.
D. Paragraph 5( d)(2) ofthe Stipulation grants CA WCD the exclusive right to sell or
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use Excess Water.
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E. The Contractor is in need of a water supply and desires to contract with CA WCD
for Incentive Recharge Water, which is specifically priced Excess Water made available for recharge
purposes only.
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AGREEMENT
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Repayment Contract and Stipulation Controlling
1. The Contractor expressly approves and agrees to all the terms presently set out in the
Repayment Contract and Stipulation, or as such terms may be hereafter amended, and agrees to be bound
by the actions to be taken and the determinations to be made under those agreements, except as otherwise
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provided herein. In the event of any inconsistency between this Agreement and the Repayment Contract,
the provisions of the Repayment Contract, as modified by the Stipulation, shall be controlling. Definitions
included in the Repayment Contract and Stipulation are applicable to this Agreement. The first letters of
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terms so defined are capitalized herein.
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Delivery of Water by CA WCD
2. In so far as Project Water supplies and the delivery capability of the Project will permit, and
subject to the provisions of the Repayment Contract and Stipulation, CA WCD will deliver Incentive
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Recharge Water to the Contractor in an amount, and at a water service charge, to be determined in
accordance with the terms of this Agreement. The determination of whether Incentive Recharge Water is
available for delivery in any Year, and, if so, the amount of such Incentive Recharge Water that is available
for delivery under this Agreement in any Year, is a determination within the exclusive discretion ofCA WCD;
Provided, however, That delivery of Incentive Recharge Water under this Agreement shall be subject to the
prior satisfaction of all water deliveries scheduled pursuant to a long-term contract or subcontract for Project
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Water service, as that term is used in the Stipulation.
Term
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3. The initial term of this Agreement expires on December 31,2003. This Agreement will be
automatically renewed for successive one-year terms unless either party notifies the other by October 1 of
any year that it does not wish to renew the Agreement for the following year or unless sooner terminated
in accordance with Article 6 or Article 11.
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Conditions Relating to Delivery and Use
4. The delivery and use of water under this Agreement is conditioned on the following, and the
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Contractor hereby agrees that:
(a) All uses of Project Water and Return Flow shall be consistent with Arizona water
law unless such law is inconsistent with the Congressional directives applicable to the Central Arizona
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Project.
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(b) Project Water made available pursuant to this Agreement shall be used within
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Contractor's service area or place of use for direct or indirect recharge purposes only. The Contractor's
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service area or place of use is described in Exhibit A, which is incorporated by this reference, and may be
amended by the Contractor from time to time.
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(c) The system or systems through which Project Water is conveyed after delivery to
the Contractor shall consist of pipelines, canals, distribution systems, or other conduits which will prevent
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excessive conveyance losses.
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(d)
Proj ect Water furnished pursuant to this Agreement shall be delivered through
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Project Works for use directly or by exchange as permitted by law.
(e)
Project Water furnished to the Contractor pursuant to this Agreement may not be
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resold or transferred, but the Contractor may enter into an arrangement with a groundwater savings facility
allowed under state law to store Project Water.
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(f)
The Contractor shall not pump, or within its legal authority, permit others to pump
groundwater from within the exterior boundaries ofthe Contractor's service area for use outside of said
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service area unless such pumping is permitted under Title 45, Chapter 2, Arizona Revised Statutes, as it may
be amended from time to time, and CA WCD and the Contractor shall agree, or shall have previously
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agreed, that a surplus of groundwater exists and drainage is or was required; Provided, however, That such
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pumping may be approved by CA WCD, and approval shall not be unreasonably withheld, if such pumping
is in accord with the Basin Project Act and upon submittal by the Contractor of a written certification from
the Arizona Department of Water Resources or its successor agency that the pumping and transportation
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of groundwater is in accord with Title 45, Chapter 2, Arizona Revised Statutes, as it may be amended from
time to time.
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(g) Notwithstanding any other provision of this Agreement, Project Water shall not be
delivered to the Contractor unless and until the Contractor has obtained final environmental clearance from
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CA WCD for the system or systems through which Project Water is to be conveyed after delivery to the
Contractor at the Contractor's Project delivery point.
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(h) The Contractor may direct that Incentive Recharge Water made available pursuant
to this Agreement be delivered to a groundwater savings facility for indirect recharge pursuant to a separate
agreement between the Contractor and the operator of the groundwater savings facility; Provided, however,
that:
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(i) Incentive Recharge Water shall be used by an identified groundwater user on
agallon-for-gallon substitute basis directly in lieu of groundwater as provided inA.R.S. ~ 45-812.01.
(ii) The Contractor and the operator of the groundwater savings facility must
demonstrate to CA WCD's satisfaction that they have the appropriate permits issued by the Arizona
Department of Water Resources.
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(iii) Where the operator of the groundwater savings facility is an agricultural entity
participating in CA WCD's target pricing program, only Project Water over and above the amount of
Project W atertaken by the agricultural entity in the immediately preceding year, not including Incentive
Recharge Water, may quality as Incentive Recharge Water.
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(iv) The Contractor shall provide CA WCD a copy of its agreement with the
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operator of the groundwater savings facility for Incentive Recharge Water.
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(i) Only Project Water for which the Contractorreceives long-term storage credits
from the Arizona Department of Water Resources may qualify as Incentive Recharge Water. In detennining
the amount of Project Water that qualifies as Incentive Recharge Water in any year, any long-term storage
credits earned by storing CAP water that are recovered by the Contractor in that year shall be deducted
from the long-term storage credits received by the Contractor in that year.
(j) Upon the expiration of this Agreement, CA WCD will determine whether any
Project Water delivered pursuant to this Agreement did not qualify as Incentive Recharge Water for the
reasons specified in sections 4(h)(iii) or 4(i) of this Agreement. For any such Project Water not qualifying
as Incentive Recharge Water, CA WCD will bill the Contractor for the difference between the water service
charge for Incentive Recharge Water and the standard M&I water service charge.
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Procedure for Ordering Water
On or before the date of execution of this Agreement, or as soon thereafter as is
5.
(a)
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practicable, CA WCD will notify the Contractor of the amount of Incentive Recharge Water available for
delivery during the first Year under this Agreement (the initial Year of water delivery). The Contractor shall,
within a reasonable period of time as determined by CA WCD, submit a written schedule to CA WCD
showing the quantity of Incentive Recharge Water desired by the Contractor during each month of the initial
Year of water delivery. CA WCD will review the requested schedule and determine whether Incentive
Recharge Water is available for delivery in the initial Year of water delivery, and, if so, the amount of
Incentive Recharge Water available for delivery under this Agreement during such Year. Within thirty (30)
days ofCA WCD's receipt ofthe Contractor's requested schedule, CA WCD shall determine and furnish
to the Contractor the water delivery schedule for the initial Year of water delivery which shall show the
amount of Incentive Recharge Water projected to be delivered to the Contractor during each month of such
Year, contingent upon the Contractor remaining eligible to receive water under all terms contained herein.
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(b) The amounts, times, and rates of delivery of Incentive Recharge Water to the
Contractor during each Year subsequent to the initial Year of water delivery shall be in accordance with a
water delivery schedule for that Year. Such schedule shall be determined in the following manner:
(i) On or before July 1 of each Year beginning with July 1 oftheinitial Year of
water delivery, CA WCD shall issue a notice of availability of Incentive Recharge Water to the Contractor.
(ii) On or before October 1 of each Year beginning with October 1 of the initial
Year of water delivery, the Contractor shall submit in writing to CA WCD a water delivery schedule
indicating the amounts of Incentive Recharge Water desired by the Contractor during each month of the
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following Year.
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(iii) Upon receipt of the schedule, CA WCD shall review ittogetherwith all other
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water delivery schedules, and determine whether Incentive Recharge Water is available for delivery in the
following Year, and, if so, the amount of Incentive Recharge Water available for delivery under this
Agreement in the following Year.
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(iv) On or before November 15 of each Year beginning with November 15 of
the initial Year of water delivery, CA WCD shall determine and furnish to the Contractor the water delivery
schedule for the following Year which shall show the amount of Incentive Recharge Water to be delivered
to the Contractor during each month of that Year, contingent upon the Contractorremaining eligible to
receive water under all terms contained herein.
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( c) The monthly water delivery schedules may be amended upon the Contractor's
written request to CA WCD. Proposed amendments shall be submitted by the Contractor to CA WCD no
later than 15 days before the desired change is to become effective, and shall be subject to review and
modification in like manner as the schedule. CA WCD shall notify the Contractor of its action on the
Contractor's requested schedule modification within 10 days of CA WCD's receipt of such request.
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(d)
The Contractor shall hold CA WCD, its officers, agents, and employees, harmless
on account of damage or claim of damage of any nature whatsoever arising out of or connected with the
actions of CA WCD regarding water delivery schedules furnished by or to the Contractor.
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6.
Contractor's Project Delivery Point, Measurement
and Responsibility for Distribution of Water
Incentive Recharge Water furnished to the Contractor pursuant to this agreement
(a)
3 shall be delivered to the Contractor at such point( s) on the Water Supply System as are agreed upon in
4 writing by CA WCD and the Contractor. All such point(s) shall hereinafter be referred to as the
5 "Contractor's Project delivery point."
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(b)
Unless CA WCD and the Contractor agree by contract to the contrary, the
7 Contractor shall construct and install, at its sole cost and expense, all connection facilities required to convey
8 water furnished to the Contractor pursuant to this Agreement to the Contractor's service area or place of
9 use, as the case may be. The Contractor shall furnish, for written approval by CA W CD, drawings and
10 specifications showing all connection facilities to be constructed or installed within the Water Supply System
11 right-of-way, and shall obtain such approval before commencing construction or installation of such facilities.
12 All facilities constructed, installed, operated or maintained on the Water Supply System right-of-way by or
13 for the Contractor shall be subject to such further agreements and to such restrictions and regulations as to
14 type, location, method of installation, operation, and maintenance as may be prescribed by CA WCD.
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(c)
The Contractor shall construct, operate, and maintain its connection facilities and
16 appurtenant works in a good and workmanlike manner and in full compliance with the laws of the State of
17 Arizona and with all laws, regulations, and orders of the United States affecting such operations. The failure
18 of the Contractor after due notice to construct, operate, and maintain its connection facilities and appurtenant
19 works in a good and workmanlike manner or to abide by any of the terms and conditions of any applicable
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laws, regulations, or orders, shall cause this Agreement to be subject to immediate termination at the option
ofCA WCD. The Contractor shall reimburse CA WCD within thirty (30) days of Contractor's receipt of
a statement for the costs of repairing any damage to Project facilities or Project rights-of-way caused by
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or arising out of the Contractor's activities under this Agreement.
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(d)
Upon termination of this Agreement, the Contractor shall promptly remove, at its
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sole cost and expense, all connection facilities constructed or installed on the Water Supply System
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prior to the construction or installation of such connection facilities. If the Contractor fails to remove said
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connection facilities and restore said right-of-way and Project facilities within thirty (30) days after receiving
any written notice from CA WCD to do so, CA WCDmayremove said connection facilities and restore said
right -of-way and Projectfacilities at the Contractor's cost and expense, and, within thirty (30) days after
receiving written demand from CA WCD to do so, the Contractor shall pay CA WCD, as specified in such
written demand, for all costs and expenses incurred byCA WCD in removing said connection facilities and
restoring said right-of-way and Project facilities.
( e) If the Contractor's Project delivery point is a Project turnout or Project turnouts
constructed by the United States, and if the Contractor intends to convey water furnished to the Contractor
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pursuant to this agreement through connection facilities owned or operated by others, the use by the
Contractor of such connection facilities shall be the subject of written agreement( s) between the Contractor
and the owner( s) or operator( s) of such connection facilities, and all such agreements shall include such
terms and conditions as may be required by CA WCD and shall be subject to the prior, written approval
of CA WCD before becoming binding upon the parties thereto.
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(f) Unless the Contractor's Project delivery point is a Project turnout or Project
turnouts constructed by the United States, all water delivered from the Water Supply System shall be
measured with equipment furnished and installed by the Contractor and operated and maintained by the
Contractor at the Contractor's sole cost and expense. The results of such measurements shall be reported
to CA WCD in such manner and at such time(s) as CA WCD may prescribe. Upon the request of
CA WCD, the accuracy of such measurements shall be investigated by the Contractor, and any errors which
are determined to have occurred therein shall be adjusted; Provided, however, That in the event the parties
cannot agree on the required adjustment, CA WCD's determination shall be conclusive.
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(g) Ifthe Contractor's Project delivery point is a Project turnout or Project turnouts
constructed by the United States, all water delivered from the Water Supply System shall be measured with
equipment furnished and installed by the United States and operated and maintained byCA WCD. Upon
the request ofthe Contractor, or CA WCD, the accuracy of such measurements shall be investigated by
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CA WCD and the Contractor, and any errors which are mutually determined to have occurred therein shall
be adjusted; Provided, however, That in the event the parties cannot agree on the required adjustment,
CA WCD's determination shall be conclusive.
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(h) Neither the United States nor CA WCD shall be responsible for the control,
carriage, handling, use, disposal, or distribution of water beyond the Contractor's Project delivery point.
The Contractor shall hold the United States and CA WCD harmless on account of damage or claim of
damage of any nature whatsoever for which there is legal responsibility, including property damage, personal
injury, or death arising out of or connected with the control, carriage, handling, use, disposal, or distribution
of water beyond the Contractor's Project delivery point.
Interruptions and Reductions
7. In addition to the right of the United StatesunderSubarticle 8.3(a)(iv) oftheRepayment
Contract to temporarily discontinue or reduce the amount of water to be delivered, CA WCD may
discontinue or reduce the quantity of water to be furnished to the Contractor as herein provided for the
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purposes of investigation, inspection, construction, testing, maintenance, repair, or replacement of any of
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the Project facilities or any part thereof. CA WCD may also discontinue or reduce the quantity of water to
be furnished to the Contractor if there is insufficient Project Water or Project delivery capacity to deliver
the Contractor's water order, the water orders of other contractors of Incentive Recharge Water and Excess
water service, and all water deliveries scheduled pursuant to a contract with the United States or a
subcontract with the United States and CA WCD providing for Project Water service for a period of 50
years or more. So far as feasible, CA WCD shall attempt to coordinate any such discontinuance or
reduction with the Contractor and to give the Contractor due notice in advance of such discontinuance or
reduction. In case of emergency, no notice need be given. The United States, its officers, agents, and
employees, and CA WCD, its officers, agents, and employees, shall not be liable for damages when, for any
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reason whatsoever, any interruption, discontinuance, or reduction in delivery of water occurs. If any such
discontinuance or temporary reduction results in deliveries to the Contractor ofless water than what has
been paid for in advance, the Contractor shall be entitled to be reimbursed for the appropriate proportion
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of such advance payments prior to the date of the Contractor's next payment of water service charges or
the Contractor may be given credit toward the next payment of water service charges if the Contractor
should so desire.
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No Long-Term Commitment to the Delivery ofProiect Water
8. Nothing in this Agreement shall be construed as an allocation of Project Water to the
Contractor, nor shall this Agreement entitle the Contractor to any Project Water other than as provided
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herein.
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Quality of Water
9. CA WCD does not warrant the quality of any Project Water furnished under this Agreement
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and is under no obligation to construct or furnish water treatment facilities to maintain or better the quality
of any Project Water. The Contractor waives its right to make a claim against the United States, CA WCD,
or any other Project subcontractor or contractor on account of the quality of Project Water or any changes
in water quality caused by the commingling of Project Water with other water.
Water Service Charges
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10.
(a)
The Contractor shall pay in advance water service charges established annually by
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CA WCD. On or before the date of execution ofthis Agreement, or as soon thereafter as is practicable,
CAW CD shall furnish the Contractor with the Contractor's water service charges for the initial Year of
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water delivery (the "initial Year"). Within a reasonable time of receipt of said charges, but prior to the
delivery of water, the Contractor shall advance to CA WCD, in monthly installments payable on or before
the first day of each month of the initial Year, as determined by CAW CD, the water service charges due
for Incentive Recharge Water scheduled for delivery in the initial Year. For each subsequent Year,
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CA WCD will establish water service charges, and CA WCD will notify the Contractor ofthe amount of
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such charges on or before November 15 preceding each said subsequent Year. The Contractor shall make
payments of such charges in monthly installments due on or before the first day of each month of said
subsequent Year, as determined by CA W CD, for Incentive Recharge Water scheduled for delivery in said
subsequent Year. The Contractor shall pay in advance all water service charges established by CA WCD
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for Incentive Recharge Water scheduled for delivery under this Agreement; Provided, however, That the
Contractor shall be relieved of the pumping energy portion of the water service charges associated with any
Incentive Recharge Water scheduled for delivery that is not delivered to the Contractor.
(b) The payment of all water service charges when due under this Agreement is a
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condition precedent to delivery of Incentive Recharge Water.
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(c) The obligation of the Contractor to pay CA W CD as provided in this Agreement
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is a general obligation of the Contractor notwithstanding the manner in which the obligation may be
distributed among the Contractor's water users and notwithstanding the default of individual water users in
their obligations to the Contractor.
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Termination of Contract
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11. If the Contractor remains in arrears in the payment of any charges due CA WCD for a
period of 60 days or more, CA W CD may terminate this Agreement, which termination shall be effective
30 days after mailing written notice of termination to the Contractor. The Contractor shall remain obligated
to pay all charges required to be paid under this Agreement during the time period until and including the
date of termination. The Contractor's obligation to pay any amounts due but unpaid as of the date of
termination shall survive termination of this Agreement. CA WCD's right to terminate this Agreement as
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provided in this Article 11 shall be in addition to the other rights ofCA W CD under this Agreement and to
all other rights provided by law.
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Charges for Delinquent Payments
12. (a) The Contractor shall be subject to interest, administrative and penalty charges on
delinquent installments or payments. The Contractor shall pay an interest charge for each day the payment
is delinquent beyond the due date. When a payment becomes 60 days delinquent, the Contractor shall pay
an administrative charge to cover additional costs ofbilling and processing the delinquent payment. When
a payment is delinquent 90 days or more, the Contractor shall pay an additional penalty charge of 6 percent
per year for each day the payment is delinquent beyond the due date. Further, the Contractor shall pay any
fees incurred for debt collection services associated with a delinquent payment.
(b) The interest charge rate shall be the greater of the rate prescribed quarter! y in the
Federal Register by the Department of the Treasury for application to overdue payments, or the interest rate
of 0.5 percent per month prescribed by Section 6 of the Reclamation Project Act of 1939 (Public Law
76-260). The interest charge rate shall be determined as of the due date and remain fixed for the duration
of the delinquent period.
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(c) When a partial payment on a delinquent account is received, the amount received
1 shall be applied first to the penalty and administrative charges, second, to the accrued interest, and third to
the overdue payment.
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Rules. Regulations and Determinations
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13. ( a) The parties agree that the delivery of water or the use ofF ederal facilities pursuant
4 to this Agreement is subject to Reclamation law, as amended and supplemented, and the rules and
regulations promulgated by the Secretary of the Interior under Reclamation law.
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(b) The Contracting Officer shall have the right to make determinations necessary to
6 administer this Agreement that are consistent with the expressed and implied provisions of this Agreement,
the laws ofthe United States and the State of Arizona, and the rules and regulations promulgated by the
7 Secretary ofthe Interior. Such determinations shall be made in consultation with CA WCD and the
Contractor.
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Compliance with Environmental Laws
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14. The Contractor, in carrying out this Agreement, shall comply with all applicable
10 environmental laws and regulations of the United States and the State of Arizona and shall obtain all required
permits or licenses from the appropriate Federal, State, or local authorities.
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Equal Opportunity
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15. During the performance of this Agreement, the Contractor agrees as follows:
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(a) The Contractor will not discriminate against any employee or applicant for
14 employment because ofrace, color, religion, sex, or national origin. The Contractor will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment, without
15 regard to theirrace, color, religion, sex, or national origin. Such action shall include, but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment orrecruitment advertising; layoff
16 or termination; rates of payor other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants
17 for employment, notices to be provided by the Contracting Officer setting forth the provisions of this
nondiscrimination clause.
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(b) The Contractor will, in all solicitations or advertisements for employees placed by
19 or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment
without discrimination because of race, color, religion, sex, or national origin.
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(c) The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided
by the Contracting Officer, advising said labor union or workers' representative of the Contractor's
commitments under Section 202 of Executive Order 11246 of September 24, 1965, as amended, and shall
post copies ofthe notice in conspicuous places available to employees and applicants for employment.
(d) The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, as amended, and ofthe rules, regulations, and relevant orders of the Secretary of
Labor.
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and will permit access to its books, records, and accounts by the Contracting Officer and the Secretary of
1 Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
2 (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this agreement or with any of such rules, regulations, or orders, this agreement may be canceled,
3 terminated, or suspended, in whole or in part, and the Contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in said amended Executive Order, and
4 such other sanctions may be imposed and remedies invoked as provided in said amended Executive Order,
or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
5
(g) The Contractor will include the provisions of paragraphs (a) through (g) in every
6 subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of said amended Executive Order, so that such provisions will be binding
7 upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract
or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions,
8 including sanctions for noncompliance; Provided, however, That in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the
9 Contractor may request the United States to enter into such litigation to protect the interests of the United
States.
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Compliance With Civil Rights Laws and Regulations
16. (a) The Contractor shall comply with Title VI of the Civil Rights Actof1964 (42
12 U. S. C. 2000d), Section 504 ofthe Rehabilitation Act of197 5 (Public Law 93-112, as amended), the Age
DiscriminationActof1975 (42 U.S.C. 6101, et seq.) and any other applicable civil rights laws, as well as
13 with their respective implementing regulations and guidelines imposed by the U.S. Department of the Interior
and/or Bureau of Reclamation.
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(b) These statutes require that no person in the United States shall, on the grounds of
15 race, color, national origin, handicap, or age, be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program or activity receiving financial assistance from
16 the Bureau of Reclamation. By executing this agreement, the Contractor agrees to immediately take any
measures necessary to implement this obligation, includingpennitting officials of the United States to inspect
17 premises, programs, and documents.
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( c) The Contractor makes this agreement in consideration of and for the purpose of
obtaining any and all Federal grants, loans, contracts, property discounts or other Federal financial
assistance extended after the date hereof to the Contractor by the Bureau of Reclamation, including
installment payments after such date on account of arrangements for F edera1 financial assistance which were
approved before such date. The Contractor recognizes and agrees that such Federal assistance will be
extended in reliance on the representations and agreements made in this article, and that the United States
reserves the right to seek judicial enforcement thereof.
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Books. Records. and Reports
17. The Contractor shall establish and maintain accounts and other books and records pertaining
to administration ofthe terms and conditions ofthis Agreement, including: the Contractor's financial
transactions, water supply data, project operation, maintenance and replacement logs, and Project land and
right-of-way use agreements; the waterusers'land-use (crop census), land ownership, land-leasing and
water-use data; and other matters that CA WCD may require. Reports thereon shall be furnished to
CA WCD in such form and on such date or dates as CA WCD may require. Subjectto applicable Federal
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laws and regulations, each party to this Agreement shall have the right during office hours to examine and
1 make copies of each other party's books and records relating to matters covered by this Agreement.
2 Notices
3 18. Any notice, demand, or request authorized or required by this Agreement shall be deemed
to have been given, on behalf ofCA WCD, when mailed, postage prepaid, or delivered to C. Brad DeSpain,
4 Utilities Director, Town of Maran a, 12775N. Sanders Road, Marna, Arizona 85653, andonbehalfofthe
Contractor when mailed, postage prepaid, or delivered to the General Manager, Central Arizona Water
5 Conservation District, 23636 North 7th Street, Phoenix, Arizona 85024. The designation of the addressee
or the address may be changed by notice given in the same manner as provided in this Article for other
6 notices.
7 Assignment Limited--Successors and Assigns Obligated
8 19. The provisions of this Agreement shall apply to and bind the successors and assigns of the
parties hereto, but no assignment or transfer of this Agreement or any right or interest therein shall be valid
9 until approved in writing by CA WCD.
10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. IR063-03
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effective the day and year first above-written.
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CENTRA~RIZONA WATER
CONSER V!\ TIO~1l1STRI~:
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President
TOWN OF MARANA
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