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File #: 38-2022    Version: 1 Name:
Type: Consent Calendar Status: Passed
File created: 1/28/2022 In control: CITY COUNCIL OF THE CITY OF NAPA
On agenda: 3/15/2022 Final action: 3/15/2022
Title: Amendment No. 18 of Napa County Flood Control and Water Conservation District Agreement No. 1573 (City Agreement No. 1482)
Attachments: 1. ATCH1 - Amendment No.18, 2. ATCH 2- MOU Between District and AOO Parties dated 12-07-2021, 3. ATCH 3 - Confidentiality Agreement dated 11-18-2008
To: Honorable Mayor and Members of City Council

From: Phil Brun, Utilities Director

Prepared By: Joy Eldredge, Deputy Utilities Director

TITLE:
Title
Amendment No. 18 of Napa County Flood Control and Water Conservation District Agreement No. 1573 (City Agreement No. 1482)
LABEL

RECOMMENDED ACTION:
Recommendation

Authorize the Utilities Director to execute Amendment No. 18 of Napa County Flood Control and Water Conservation District Agreement No. 1573 (City Agreement No. 1482) authorizing the District to pursue determination of the District's rights under the Area of Origin Settlement Agreement and Article 45 of the State Water Supply Agreement and determining the actions authorized by this action are exempt from CEQA.

Body
DISCUSSION:
The City of Napa is a sub-contractor to Napa County Flood Control and Water Conservation District (District) for the contract with the State of California for the water received via the State Water Project (SWP) and the North Bay Aqueduct. The terms of the agreement with the District are specified in City Agreement No. 1482 (District Agreement No. 1573), entered into on April 5, 1966, and subsequent amendments Nos. 1 - 17. The District is a member of the State Water Contractors Association, which is comprised of the 29 contractors for State Water Project water.

In November 2007, the District filed a claim with the Department of Water Resources related to the amount of State Water Project water delivered each year pursuant to Article 18 of the State Water Supply Agreement. The District settled the matter with the Department of Water Resources and established Napa as a contractor in the Area of Origin therefore entitled to water rights allocation based on north of delta and typically 5-25% higher than south of delta allocations. Since the Settlement Agreement, Amendment No. 15 executed in October 2013, there is need to seek agreement with DWR, or judicial relief to restore carryover water storage lost in water year 2...

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