HomeMy WebLinkAboutC35940 - DWGR - Non-Potable Water Agmt CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: AUTHORIZE THE EXECUTION OF THE NON-POTABLE WATER
AGREEMENT BETWEEN THE COACHELLA VALLEY WATER
DISTRICT AND THE CITY OF PALM DESERT FOR THE DESERT
WILLOW GOLF RESORT
SUBMITTED BY: Martin Alvarez, Director of Economic Development
DATE: March 9, 2017
CONTENTS: Non-Potable Water Agreement
Recommendation
By Minute Motion:
1. Approve the Non-potable Water Agreement with Coachella Valley Water
District (CVWD) for water services at the Desert Willow Golf Resort; and
2. Authorize the Mayor to execute the Non-Potable Water Agreement.
Background
In 1996, the City entered into an agreement with the CVWD to utilize non-potable water
for irrigation of the Desert Willow golf courses. The original Non-potable Water
Agreement provided for the construction of an effluent delivery and storage system at
Desert Willow Golf Resort and obligated the City to utilize 50% non-potable water for
irrigation of both golf courses. The term of the agreement was for a period of fifteen
years.
In 2010 a new five year Non-potable Water Agreement between the City and the CVWD
was approved. The current agreement required the City to utilize 80% non-potable
water for irrigation of both Desert Willow golf courses. Desert Willow currently exceeds
this requirement by utilizing approximately 90% non-potable water for irrigation of the
golf courses. In 2012, the agreement was amended to give the City an additional option
in the method used to calculate the City's per acre foot cost for non-potable water that
was more cost effective. Both the current and new agreement utilize the following
formula to calculate the cost of Non-potable Water Charge (NPWC) per acre foot.
Staff Report
CVWD Non-potable Water Agreement
March 9, 2017
Page 2 of 3
NPWC/Acre Foot = (Replenishment Assessment Charge + Pumping Cost) x $0.85
• The Replenishment Assessment Charge (RAC) = A fixed District-wide water
replenishment fee used to recharge the aquifer.
• Pumping Cost = The estimated energy cost to pump one acre foot of well water.
The energy cost is calculated by multiplying the estimated kilowatt hours (kWh)
to pump one acre foot of well water (calculated annually through pump efficiency
testing) multiplied by the Southern California Edison energy rate ($0.28/kWh).
• The $0.85 multiplier indicates that using NPWC yields a 15% discount versus
using well water.
Although Desert Willow is receiving a discounted rate for non-potable water, the formula
used to establish the NPWC is affected by the efficiency of the well pumps. The
agreement gives the City the option to utilize the lower of two energy rates to establish
the Non-potable Water Charges. The two options are summarized below:
1. The City may utilize an annual pump efficiency test to establish the energy cost
to pump one acre foot of well water (kWh x $0.28); or
2. The City may utilize the established Southern California Edison (SCE) bundled
service average rate for agriculture and pumping customers (kWh x $0.12).
The SCE bundled service average rate for agriculture and pumping customers is
adjusted annually as an average per kilowatt rate for agriculture customers. The current
SCE bundled agriculture rate is $0.12 per kWh, compared to $0.28 per kWh that would
be paid based on our pump efficiency tests. Based on our current pump efficiency
tests, Desert Willow utilizes the SCE bundled service average rate for agriculture and
pumping ($0.12/kWh) and the per acre foot cost is $153.94.
New Agreement
The new agreement is for a term of 5 years and has an automatic 5 year renewal. The
agreement maintains the requirement that Desert Willow utilize a minimum of 80%
reclaimed water on both golf courses. The formula to calculate the Non-potable Water
Charge remains the same as described above.
Desert Willow uses approximately 2,000 acre feet of non-potable water annually on both
golf courses. If the agreement is approved, Desert Willow Golf Resort will continue to
utilize non-potable water from CVWD with an approximate annual cost of $307,800.
G\rca\Mart n Alvarez\Desert WIIow\NonPotaDIe Water Agreement\SR 2017 CVWDNon-potable Agr doc
Staff Report
CVWD Non-potable Water Agreement
March 9, 2017
Page 3 of 3
The CVWD and the City Attorney have reviewed and approved the attached
Agreement. Staff recommends approval of the Non-Potable Water Agreement with
CVWD, and the authorization of the Mayor to execute the Agreement.
Fiscal Analysis
With approval of this agreement, the annual non-potable water costs at Desert Willow
Golf Resort will be approximately $307,800. With the recent filtration system upgrades.
the use of 80 percent non-potable water for the golf courses can be achieved.
Submitted By: Department Head:
iG
in Alvarez Rudy A osta
Director of Economic Development Assistant City Manager
Reviewed:
Janet"Moore
Director of Finance
Approval:
L uri Aylaian
City Manager
..,,t i:,?.::ro.,os'a •.Mart n A.arerUese-t W.how\No^.Pc:ab e Water Agreement\SR 2017 CVWDNon-potab'e Agr doc
NONPOTABLE WATER AGREEMENT
THIS AGREEMENT ("Agreement") is made this day of
2017, ("Effective Date") between the COACHELLA VALLEY WATER DISTRICT, a public
agency of the State of California (hereinafter denoted "CVWD") and City of Palm Desert, a
public agency of the State of California (hereinafter denoted "Customer") located at 73510 Fred
Waring Drive, Palm Desert, California 92260, for Nonpotable Water irrigation at Desert Willow
Golf Resort's golf courses located within a portion of Section 4, Township 5 South, Range 6
East, San Bernardino Meridian ("Customer's Property"). CVWD and Customer are referred to
herein individually as "Party" and collectively as "Parties."
RECITALS
I. The Coachella Valley's aquifer is in a state of overdraft.
II. It is in the best interest of CVWD and Customer to protect the aquifer in order to ensure
the long term economic health of the region. One way to protect the aquifer is to promote the
use of Nonpotable Water sources such as Recycled Water and/or Canal Water in place of
Groundwater, as such terms are defined in Section I herein.
III. CVWD has embarked upon a long-term water management plan that encourages the use
of alternative Nonpotable Water sources of water, thus protecting valuable Groundwater
resources for domestic consumption.
IV. CVWD owns and operates three Water Reclamation Plants ("Plants"), capable of
producing and providing Recycled Water to customers. In addition, CVWD operates the
Coachella Branch of the All American Canal and the Mid-Valley Pipeline, and associated
distribution pipelines which serve Canal Water. Recycled Water and Canal Water both may be
beneficially used for golf course and/or landscape irrigation in place of Groundwater, as such
terms are defined herein.
V. California Water Code Section 32600-32603 requires the use of Nonpotable Water
source(s). including Recycled Water, for irrigation of cemeteries, parks, highway landscaped
areas, new industrial facilities, and golf courses if a suitable Nonpotable Water source is
available and it is of suitable quality, available at a reasonable cost, and meets all conditions of
these foregoing sections and other applicable laws.
VI. Customer desires to use such Nonpotable Water provided by CVWD for golf course and
landscape irrigation at Customer's Property. Irrigation water shall be from the following sources
in the indicated order of priority and up to the available amounts of each: 1) Recycled Water 2)
Canal Water; and 3) Groundwater, to the extent available and subject to the terms of this
Agreement.
VII. The Parties understand and agree that Nonpotable Water is an interruptible water supply.
VIII. Customer's Property lies outside CVWD's existing irrigation service area, Irrigation
District No. 1; and Canal Water delivery may be available through the Mid-Valley Pipeline
Project for golf course and landscape irrigation at the Customer's Property as is Recycled Water.
19782 00015\29009075.1 1
NOW, "THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
DEFINITIONS
A. Canal Water — Canal Water delivered via the Coachella Branch of the All American
Canal and/or the Mid-Valley Pipeline.
B. Customer Facilities — All pipelines and pumping equipment located from the POC, as
defined below, and throughout the Customer's irrigation system but shall not include
CVWD Facilities.
C. Customer's Property — The Property identified in the Introductory paragraph of this
Agreement.
D. CVWD Facilities — All pipelines, floats, valves, levels, and pumping equipment located
at the Canal and to the POC, as defined below, including the flow meter, but shall not
include the Customer Facilities.
E. Days — Calendar days unless otherwise specified herein.
F. Default — Defined as set forth in Section Xl.
G. Groundwater — Water produced through wells from any aquifer underlying the Coachella
Valley.
H. Nonpotable Water — Either Recycled Water produced by the Plants or Canal Water or a
combination of both.
I. Nonpotable Water Charge ("NPWC") — CVWD's charge per acre foot for Nonpotable
Water delivered as defined in Section VIII (I3) herein
J. Point of Connection ("POC") — The point of delivery of Nonpotable Water from CVWD
Facilities to Customer Facilities, which for this Agreement shall be the flow meter vault.
K. Pumping Costs ("PC") — The pumping cost is the cost of electrical energy required to
pump an acre foot of water through a well. The PC is based on kilowatt hours required
to pump one acre foot of water multiplied by the cost per kilowatt hour that Southern
California Edison publishes annually as their bundled service average rate level for
agriculture and pumping groups. Alternatively, and at the discretion of the Customer, the
cost per kilowatt hour from a pump analysis conducted on the Customer's golf course
irrigation well(s) by Southern California Edison or comparable CVWD approved pump
check company will he used to determine the pumping cost. For purposes of
establishing the PC, in each alternating every other year the Customer will provide pump
test data, including a cost analysis completed by Southern California Edison or
comparable CVWD approved pump check company for the wells that are Customer's
1978200015,29009075.1 2
alternate water supply for irrigation. If Customer has more than one well to use as the
Groundwater supply source, the pumping cost will be prorated based on well capacity
and the kilowatt hours required to pump one acre foot of water multiplied by the cost per
kilowatt hour as determined by Southern California Edison or comparable CVWD
approved pump check company. In the alternate year that the pump test data is not
provided to CVWD, a 12 month billing history account overview including the months
of July 1st to June 30th will be provided by the Customer to CVWD to provide the
average cost per kilowatt hour or if preferred Southern California Edison's bundled
service average rate level for agriculture and pumping groups will be incorporated; and
the previous year's pump cost analysis' kilowatt hours per acre foot.
For Customers with direct pressurized connections, the pumping cost shall include the
cost of electrical energy required to pump an acre foot of water through wells and
booster pumps into the irrigation system of the Customer property. Customers with
direct pressurized connections will need to provide pump test data and cost analysis
completed by Southern California Edison or comparable District-approved pump check
company for the wells and the booster pumps.
For Customers without wells, the pumping cost will be the average cost of electrical
energy required to pump and acre foot of water through other nonpotable water
customers' wells. The total cost analyses of Customers with wells will be averaged and
this average cost will be incorporated in the Nonpotable Water Charge as the Pumping
Cost.
L. Recycled Water — Recycled water generated by the Plants meeting the requirements of
Section 60301.230 of Title 22 of the California Code of Regulations, including any
amendments thereof.
M. Replenishment Assessment Charge ("RAC") — CVWD has a RAC for Groundwater
production in each of three separate areas of benefit within CVWD's service area, an
"area of benefit" being that geographic area benefited by recharge of the Groundwater,
primarily with imported water. The annual adjustment of the RAC will be reflected in
the NPWC, as described in Section VIII(D) below.
II. FACILITIES
A. CVWD owns, operates, maintains and repairs all CVWD Facilities up to the POC.
B. Customer owns, operates, maintains and repairs all Customer Facilities from and after
the POC.
C. Customer grants to CVWD, a perpetual non-exclusive easement to operate. inspect,
maintain, repair, improve CVWD Facilities including the POC in, on, over, under.
along, through and across the Customer's Property with reasonable right of access to and
from said easement for the purposes of exercising the rights granted herein.
19782-00015,290090751 3
III. SOURCES OF WATER
A. Customer understands that CVWD's Nonpotable Water supply is subject to interruption
and that at times Customer may be required to meet its irrigation demands with
Groundwater, either solely or in conjunction with CVWD's available supply of
Nonpotable Water. For that reason, Customer shall have a backup supply available
(Groundwater) equal to One Hundred Percent (100%) of its peak irrigation water
demands in "ready" status, and Customer's irrigation system shall be capable of
operating in tandem with CVWD Facilities in order to augment CVWD deliveries as and
when required. Customer hereby waives and releases CVWD from any claim, loss,
damage or action that it may have against CVWD for failure to deliver irrigation water.
including, but not limited to, damages, loss of business, loss of profit or inconvenience.
B. Customer hereby agrees to use Nonpotable Water as the Customer's primary source of
irrigation water for the Customer's property and shall be used to the maximum extent
practical, subject, however, to the requirement that in the irrigation of golf courses and
related landscaping, at least Eighty Percent (80%) of said irrigation shall be with
Nonpotable Water. See Section VIII(D) below regarding a surcharge for noncompliance
with this requirement.
l'he requirement to use Eighty percent (80%) Nonpotable Water recognizes that the
Customer may use up to Twenty Percent (20%) potable and/or Groundwater for
purposes determined necessary by the Customer. If the Customer meets the Eighty
Percent (80%) Nonpotable requirement, CVWD considers this to have met the
maximum extent practical condition.
C. Subject to Sections III(A) and (B) above, Groundwater shall be the secondary source of
irrigation water.
D. In the event of a shortage of available Canal Water, irrigation water use shall conform
with CVWD's Colorado River Water Shortage Contingency Plan.
E. Prior to the initiation of water service, Customer shall execute a Well Metering
Agreement which is attached as Exhibit A.
IV. WATER QUALITY, REGULATORY APPROVALS, VIOLATIONS
A. Regulatory Compliance
1. Customer understands, acknowledges and agrees that Canal Water may not be used
for potable purposes.
2. CVWD will provide Nonpotable Water to Customer in accordance with CVWD's
Rules and Regulations Governing Canal Water And Drainage Service as said Rules
And Regulations may be amended, revised or re-named from time to time.
3. The Customer acknowledges that Customer's Property must be irrigated by a method
that does not permit unreasonable use or waste of water. Only sprinkler, drip
I97I2 00015.29009075 I 4
irrigation, or lake level maintenance as presently installed on the Customer's Property
will be permitted without CVWD's written approval, which approval shall not he
unreasonable withheld.
4. In connection with the use of Nonpotable Water by Customer, Customer shall obtain
all necessary authorizations or approvals from regulatory agencies having jurisdiction
and shall at all times comply with the provisions of its waste discharge permit or a
general permit issued by the California Regional Water Quality Control Board.
Colorado River Basin Section, General Order No. 97-700 (Exhibit "B") or subsequent
waste discharge permit or a general permit issued by the appropriate State of
California agency. In reference to this subparagraph, CVWD agrees to cooperate and
make a good faith effort to assist Customer in obtaining all necessary authorizations
or approvals from regulatory agencies having jurisdiction over the use of such
Nonpotable Water and to conform to all such regulatory requirements.
5. This Agreement is subject to U.S. Bureau of Reclamation rules and regulations.
B. Reporting Violations
Customer agrees to notify CVWD and the California Regional Water Quality Control
Board. Colorado River Basin Section, of any non-compliance with its California
Regional Water Quality Control Board, Colorado River Basin Section, General Order
No. 97-700 or subsequent order within 24 hours of becoming aware of the failure.
Customer also agrees to notify CVWD prior to making any modifications that would
result in a material change in the quality or quantity of Nonpotable Water used, or any
material change in the location of the use.
V. SCHEDULING
A.CVWD Interruptions
CVWD shall use commercially reasonable efforts to complete delivery of the
Nonpotable Water source(s) as soon as practicable, subject, however, to Nonpotable
Water availability. CVWD may cause interruptions of Nonpotable Water service due to
scheduled maintenance, equipment malfunctions, and natural disasters creating an
emergency condition. CVWD shall use a commercially reasonable effort to give
Customer 48 hours' notice of any scheduled maintenance which would interfere or
interrupt Nonpotable Water delivery to Customer, but shall not be liable to Customer for
any reason whatsoever for failure to give such notice. CVWD shall use commercially
reasonable efforts to minimize any interruption relating to maintenance and shall. at all
times. make a good-faith effort to facilitate the delivery of Nonpotable Water to
Customer. The scheduling and advance notice of any maintenance which would
interfere or interrupt Nonpotable Water delivery to Customer shall be determined by
CVWD pursuant to the applicable rules and regulations and as said scheduling and
notice may be revised from time to time.
I9782 000I:29009075 I 5
charges and interest charges as said rules and regulations may be revised from
time to time. Nonpotable Water will be measured in or converted to acre feet for
invoicing.
B. Charges
1. The NPWC is set at approximately 85% of the reasonable estimated cost of the
pumping Groundwater. The NPWC is derived as follows;
NPWC = .85 (RAC + PC)
Where:
RAC = Replenishment Assessment Charge, see Definitions. Section I (M) above.
PC = Pumping Cost, see Definitions. Section 1 (K) above.
C. PC Adjustments
The PC will be adjusted annually to account for changes in electrical costs and pumping
plant efficiencies. See Definitions, Section I(K) above. Customer shall provide new
pump test data including a pumping cost analysis that shows the overall plant efficiency
and kilowatt hour per acre foot for the wells (and booster pumps, if a direct pressurized
connection) used by Customer as its alternate water supply for golf course irrigation
every other year prior to May 31, so that the updated NPWC can be calculated. In the
alternate year that the pump cost analysis is not provided to CVWD, Southern California
Edison's bundled service average rate level for agriculture and pumping groups and the
Customer's previous year's kilowatt hour per acre foot from the pump cost analysis shall
he incorporated for the pumping cost calculation. If Customer fails to provide an
updated pumping cost analysis or billing history report, the PC will be increased 15"�)
over the prior year's cost.
D. Conservation Charge
There will be a Conservation Charge invoiced to Customer for any year wherein the
gross annual water use of Nonpotable Water for golf course and landscape irrigation
does not equal or exceed Eighty percent (80%) of the total water for golf course and
landscape irrigation. This Conservation Charge revenue will be used by CVWD to fund
conservation programs designed to protect the aquifer, in keeping with the intent of this
Agreement. CVWD will determine the total number of acre feet of Nonpotable Water
used below Eighty percent (80%) by Customer in the fiscal year. The fiscal year shall
be from July 1 to June 30. Monthly CVWD will provide an update on Customer's
performance in meeting this Eighty percent (80%) requirement. The Conservation
Charge will be calculated by multiplying the number of acre feet below Eighty percent
(80%) by one-half of the NPWC. An invoice will be sent to Customer within sixty (60)
days of the end of any fiscal year where Customer used less than Eighty percent (80°%)
Nonpotable Water.
If CVWD interrupts service of Nonpotable Water, as described in Section III(D) above.
for example, such interruption will be considered in the calculation to be determined
19782 0001>290090751 7
13. Customer Interruptions
If Customer plans to interrupt delivery of Nonpotable Water from CVWD for a period
longer than 48 hours, Customer and CVWD shall agree on a schedule for restoration of
deliveries, and Customer shall provide CVWD with notice in writing for each additional
day that Nonpotable Water delivery will be interrupted. Customer shall further make
every reasonable effort to minimize any interruption relating to maintenance and shall.
at all times, make a good faith effort to facilitate the acceptance of Nonpotable Water
from CVWD.
VI. DELIVERY PRESSURE
The Nonpotable Water delivery by CVWD shall be determined by CVWD pursuant to
the applicable rules and regulations as the same may be amended or revised from time to
time. For example only, it is anticipated that such delivery will be pursuant to
determinations within the range of zero to 150 pounds per square inch (psi). CVWD will
not be responsible or obligated to provide the pressurization of the irrigation system
beyond the POC.
VII. MANAGEMENT, INDEMNIFICATIONS
A. Customer agrees to accept full and exclusive responsibility for the management and use
of all Nonpotable Water delivered by CVWD from and after the POC and shall, except
for the negligence of CVWD, defend and hold CVWD its officers, employees, and agents
free and harmless from any injuries, damages to the real or personal property of
Customer and the claims of any third party which may result directly or indirectly from
management and use of such Nonpotable Water by Customer from said POC.
B. CVWD agrees to accept full and exclusive responsibility for the management and
delivery of the Nonpotable Water served by CVWD to and including the POC and except
for claims and damage directly related to negligence on the part of Customer, shall
defend and hold Customer harmless from claims from third parties related to said
management and delivery of the Nonpotable Water.
VIII. NONPOTABLE WATER CHARGES
A. Invoices
1. Invoicing and payment for delivery of Nonpotable Water shall be as follows:
a. CVWD shall bill Customer monthly for the delivery of Nonpotable Water
to Customer. The Nonpotable Water statement shall include: (1) the Nonpotable
Water delivery dates. (2) the water, tolls and charges, (3) the amount of
Nonpotable Water consumed in acre-feet, (4) the amount to be paid by Customer
to CVWD, and (5) conservation charge, if applicable.
b. Customer shall make payment to CVWD upon receipt of invoice and shall
be subject to the applicable rules and regulations regarding due dates. late
19782 ouo I`2900907; I 6
whether or not the requirement to use Eighty percent (80%) Nonpotable Water has been
met.
IX. SURFACE IMPROVEMENTS
CVWD shall use reasonable and ordinary care in the removal of any surface improvements that
CVWD may' be required to remove in the future to access the delivery system or CVWD
Facilities. If surface improvements are required to be removed by CVWD to access the delivery
system or CVWD Facilities, CVWD shall only be responsible for replacing and repairing
concrete curb and gutters and asphalt paving ("Covered Surface Improvements"). CVWD shall
not be responsible for replacing any other surface improvements such as, but not limited to.
landscaping. stamped concrete or concrete pavers, the repair and replacement of which shall he
at Customer's sole expense ("Not Covered Surface Improvements"). Any Not Covered Surface
Improvements installed upon or immediately adjacent to the delivery system or CVWD
Improvements shall be at Customer's sole risk. Therefore, Customer waives all rights it may
have under Civil Code Section 1542 to seek damages from CVWD for repair or replacement of
Not Covered Surface Improvements.
X. TERM
The Term of this Agreement shall be for a period of five (5) years from the Effective Date
subject to the termination provisions in Section XII. This Agreement shall automatically renew
for additional five (5) year terms without further action by the Parties until this Agreement is
terminated pursuant to Section XII below. Each renewal of this Agreement shall be subject to
CVWD's right, in its sole discretion, to unilaterally amend and modify this Agreement at any
time. to implement CVWD policy changes applicable to all CVWD Nonpotable Water users.
effective immediately upon written notice to Customer. Any changes to this Agreement that arc
unique to Customer must he by mutual agreement of the Parties.
XI. DEFAULT
Failure on the part of CVWD or Customer to meet any condition or requirement of this
Agreement, other than as a result of conditions beyond the control of CVWD and/or Customer.
such as force majeure/acts of God, shall constitute a default. The nondefaulting Party shall
provide the other Party with written notice of default before taking further action, and the other
Party shall have thirty (30) days from the date of the notice of default to commence to cure same.
In the absence of cure, the nondefaulting Party may pursue all legal remedies available to it.
including the termination of this Agreement or suit to collect damages or outstanding charges
due.
XII. TERMINATION
A. CVWD shall have the right to terminate this Agreement upon giving Customer one
hundred twenty (120) days written notice of termination.
13. In addition. CVWD may terminate delivery of Nonpotable Water in the event of
mandatory changes in the requirements of Nonpotable Water from regulatory agencies
(other than CVWD) having jurisdiction over Nonpotable Water and/or changes in its
water quality which would cause CVWD to expend funds for capital expenditures to such
19782 00015 29009(175.1 8
indemnify and holds harmless the Parties hereto from any claims resulting from any
person or entity asserting any' such claim pursuant to any such assignment or transfer by
the indemnifying Party.
F. Governing Law. This Agreement shall in all respects be interpreted, enforced and
governed by the laws of the State of California. in the event that this Agreement must be
enforced by a court of law, the Parties hereby agree that the said action shall be tried by
the Superior Court of Riverside County of the State of California, Desert Judicial
CVWI).
G. Power to Execute. The Parties represent and warrant that they have carefully read this
Agreement and had the contents and legal effect hereof fully explained by legal counsel
of their choosing: that the Parties have the sole and exclusive power and authority to
execute this Agreement and do so of their own free act.
H. Entire Agreement. This Agreement contains the entire agreement and understanding
concerning the subject matter hereof between the Parties, and supersedes and replaces all
prior negotiations, proposed agreement and agreements, whether written or oral.
expressed or implied, of any type whatsoever. Each of the Parties hereto acknowledges
that neither any other Party hereto nor any agent or attorney or any other Party
whomsoever has made any promise, representation or warranty whatever, expressed or
implied, not contained herein concerning the subject matter hereof to induce it to execute
this Agreement, and acknowledges and warrants that this Agreement is not being!
executed by such Party in reliance on any promise, representation or warranty not
contained herein.
Severability. In the event that any of the provisions of this Agreement shall be held to he
invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder
of'this Agreement.
J. Notices. All notices provided for hereunder shall be in writing an mailed (registered or
certified, postage prepaid, return receipt requested), or by express carrier (return receipt
requested) or hand delivered to the Parties at the addresses set forth below r at such other
addresses as shall be designated by such Party and a written notice to the other Party in
accordance with the provisions of this Section. All such notices shall, if hand delivered„
or delivered by express carrier, be deemed received upon delivery and, if mailed. be
deemed received three (3) business days after such mailing.
CVWD:
Coachella Valley Water District
Attention: Jim Barrett, General Manager
Post Office Box 1058
Coachella, California 92236
CUS"I'OMER:
Desert Willow Golf Resort
Attention: Mike Tellier
P.O. Box 1 1 171
Palm Desert, California 92255
1 9"';('(loll I G 29009075 I 10
an extent that the delivery of Nonpotable Water to Customer would no longer be
economically feasible. Customer hereby waives any claim that it may have against and
will defend and indemnify CVWD against any claim by others for damage or economic
loss resulting from the termination of Nonpotable Water service for any reason. CVWI)
shall give Customer a minimum of one hundred twenty (120) days' notice of its intent to
permanently terminate Nonpotable Water service pursuant to this subparagraph.
C. In the event of termination of this Agreement pursuant to this Section XII, Customer shall
be responsible for payment for deliveries of Nonpotable Water up to and including the
date of termination as well as any other applicable costs and charges under this
Agreement pursuant to the payment provisions of Section VIII(A)(1)(b) herein.
XIII. TRANSFER OF CUSTOMER'S PROPERTY
In the event the Customer transfers or leases Customer's Property, the Customer hereby agrees to
deliver a copy of this Agreement to the transferees or lessees on or before the transfer of the
Customer's Property. Concurrently with the delivery of the Agreement to the transferees or
lessees. the Customer shall obtain a written acknowledgment and acceptance of the terms of this
Agreement executed by the transferees or lessees indicating that (a) the transferees or lessees
have received a copy of the Agreement, and (b) the transferees or lessees have or shall have.
prior to the date the Customer's Property is transferred or leased to the transferees or lessees.
acknowledge the terms and provisions contained in the Agreement and (c) expressly agree to
assume any and all obligations of the Customer under this Agreement. CVWD shall have the
right to approve the proposed assignment of this Agreement, which approval may be withheld in
CVWlYs reasonable discretion. The Customer shall deliver the executed acknowledgment to
CVWD within live (5) business days of receipt.
XIV. GENERAL PROVISIONS
A. Further Assurances. Each Party shall execute, acknowledge and deliver such other
documents and instruments as are reasonably necessary to carry out the intent and
purposes of this Agreement.
13. Counterparts. This Agreement may be executed in two or more counterparts: each
counterpart shall be deemed an original instrument as against the Party who signed it.
C. Binding on Successors. This Agreement is binding and shall inure to the benefit of the
Parties hereto and to their respective successors, assigns and representatives.
D. Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to
remedy. prevent or obtain relief from a breach of this Agreement, or arising out of a
breach of this Agreement, the prevailing Party shall recover reasonable attorneys' fees
incurred in each and every such action, suit or other proceeding, including any and all
appeals or petitions.
L. No Prior Assignment. The Parties to this Agreement hereby warrant and represent that
the Parties have not heretofore assigned or transferred, or purported to have assigned or
transferred to any person whomsoever, any matter, including claims, released or covered
by this Agreement or any part or portion thereof. Further, the Parties hereto agree to
19782UUuI; 290U9075 I 9
IN WITNESS WHEREOF, the Parties hereto have executed this Nonpotable Water Agreement
as of Effective Date first above written.
CITY OF PALM DESERT
I3v: Dated:
Title:
COACHELLA VALLEY WATER DISTRICT
13v: Dated:
Title:
PLEASE ATTACH APPROPRIATE
NOTI'ARIAI. CER"I'IFICATES
Attachments:
Exhibit A: Well Production Metering Agreement
Exhibit B: California Regional Water Quality Control Board, Colorado River Basin Section.
General Order No. 97-700
19'X2 00015 2900 0Th I 11
'-; 'No Recording Fees •• _•_ _•_ -
Required Par Government Code DOC st _
•, •
- Section 27383 RECEIVED 07/13/199l. '. .' .' •
RECORDING REQUESTED BY AND Recordedcl, C7.
WHEN RECORDED MAIL TO: SEP 11999 County
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VW.D ac,as,or. „ .
COACHELLA VALLEY WATER DISTRICC. . . ? IRV!
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Poet Office Box 1058 Coachella, California 92236 L '1 _ .
(Space above this line for. Recorder's use)File 0643.31 - 05SU6E04B0$
1;7 ,, 05,Q6E04P00
WELL METERING AGREEMENT W ' vJ's
THIS WELL METERING AGREEMENT is made this Li_f'Tp diy of /11A4
, 199
by and between COACHELLA VALLEY WATER DISTRIgr, a public agen ('District"Yand
Desert Willow Golf-is1. . �'eRoh7� C(/w • ("Producer").
•
• -RECITALS:.
A. District is a California•public agency,-organized,and existing under
Section 33118 of the California Water Code:
B. District has the power pursuant to California Water Code,
• Section 31630 - 31636.5 to levy end collect water replenishment assessments from
certain persona and entities extracting groundwater within its boundaries and -
jurisdiction.
C. Producer is the owner of, or has an interest in, certain real property
• located in the County of Riverside, State of California, more particularly
described on Exhibit "A" attached hereto and by this reference incorporated
herein. The aforementioned property shall be referred to as the "Real
Property". •
D. Producer is extracting groundwater from certain well or wells
("Well(s)") located within the District's boundaries and jurisdiction. The
Well(s) are more particularly described on Exhibit "B" attached hereto and by
this reference incorporated herein.
E. The parties desire to provide for the measurement of extraction of
• groundwater, the attachment of a water metering device ("Meter") to the Well(s)
and the ownership and maintenance of the Meter or Meters after installation.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Producer for good and valuable consideration, receipt of which is
hereby acknowledged, hereby sells, assigns and transfers to District, the Meter
or Meters attached to the Well(s) more particularly described in Exhibit "B".
Producer covenants that Producer is the lawful•owner of the Meter or Meters
referred to in this Paragraph 1, free•from rightful claims of others, and that
Producer shall defend, at Producer's sole cost and expense, District's title to
the Meter or Meters against all and every person or persons whomsoever.
• • 2. (a) The parties hereto hereby agree that Producer retains the right
to make changes or modifications to the pump and/or piping connections to the
Well(s) described in Exhibit "B"; provided, however, prior to making any such
change or modification Producer hereby agrees to give District written notice of
Producer's intention to make such changes and modifications. If the District
fails to object to such changes or modifications on or before the thirtieth
(30th) calendar day after receipt of written notice then Producer may make the
changes and modifications listed i:t-the writte.i untie. Iu the event that
District objects to any change or modification listed in the written notice,
then District shall inform Producer of the reasons why such changes and
modifications cannot be made and the actions Producer must take prior to receipt
of District's approval. In the event that the foregoing conditions are
satisfied, Producer shall indemnify and hold harmless District from any cost,
expense or damage, arising out of or in connection with any change or
modification to the pump and/or piping connections.
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050604-1-010
050604-3-XXX
Metered Wells • CVWD-631
Producer Funded Page 1 of 4
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(b) Producer hereby agrees that Producer shall not, directly or
indirectly, interfere with or damage any Meter or bypass any Meter in any
fashion whatsoever or take any action which renders any Meter ineffective for
the purpose of adequately measuring the extraction of groundwater from any Well.
If Producer does any of the foregoing, then Producer hereby agrees that District
may install, at Producer's sole cost and expense, a new or additional Meter
device to the Well(s). In the event that District elects to install a new or
additional Meter pursuant to this Paragraph 2, Producer shall pay the District
for the new or additional Meter(s) and the cost of installation within
thirty (30) days of receipt of an invoice from District. If the Producer fails
to pay the aforementioned amount within the thirty (30) day period. Producer
agrees to pay said sum, plus interest at the rate of twelve percent (12Z) per
annum from the last day of the thirty (30) day period to the data of payment
(provided, however, in no event shall interest charged exceed the maximum rate
allowed by California law).
(c) As security for the performance of Producer's obligations under
this Paragraph 2. Producer hereby irrevocably assigns a security interest in the
new or additional Meter(s) to District until paid.
• (d) Upon payment in full for the new or additional Meter(s), Producer
shall, upon receipt of written notice from District, execute a•Bill of Sale and
any and all further instruments that may be reasonably required by District. In
the event that Producer fails to so execute the Bill of Sale, together with such
other instruments as may be necessary to effectuate the intent of this Agreement
within thirty (30) days after written request. Producer hereby authorizes and
irrevocably appoints District, as hie attorney-in-fact (said appointment being
coupled with an interest and thus acknowledged by Producer to be irrevocable)
with full power end authority to execute any and all instruments on behalf of
' and in the name of Producer as may be necessary to effectuate such intent.
3. Producer hereby grants to District a permanent, irrevocable easement
for ingress and egress in, on, over, under, across and through the Real
Property. The easement described herein shall be used by District, and its
officers. employees, agents, contractors, and subcontractors to install, read.
maintain. repairb improve and relocate the Meter(s) and to perform hydraulic
pump tests or such other teats on the Well(s) or the Meters as District shall
determine in its sole discretion. The easement and all secondary easements
contained in this Paragraph 3 are granted in perpetuity. In order to exercise
the rights listed in this Paragraph 3, District and its officers. employees,
agents, contractors and subcontractors may utilize vehicles and equipment
reasonably necessary to accomplish the foregoing tasks.
4. Producer, as a material part of the consideration to be rendered to
District, hereby waives all claims against District for any damage or injury to
any property (real or personal) or persons, including, but not limited to,
Producer or Producer's employees, agents, contractors, guests, invitees, tenants
or licensees, arising out of or in connection with the exercise of the rights to
District pursuant to this Agreement, whether said damage or injury results from
the direct, indirect or proximate actions or inactions of District exercising
its rights pursuant to this Agreement. Producer shall indemnify and hold
harmless District from and against any and all claims arising from or in
connection with •the foregoing.
5. This Agreement and the covenants contained herein shall be binding
upon and run with the Real Property and shall pass to and be binding upon
Producer's successors entitled to the Real Property. Each and every contract,
deed or other instrument hereafter executed covering or conveying the Real
Property or any portion thereof shall conclusively be held to have been
executed, delivered end accented subject to this Agreement.
6. Producer hereby authorizes each public or private electrical utility
and/or company providing electricity to the Real Property and/or any Well to
provide District with any and all information arising out of or in connection
with the Well(s), including, but not limited to, pump test data or electrical
consumption records ("Records"). Producer hereby authorizes the District to
examine and copy.Producer's Records concerning the Producer's Well(s). Producer
hereby agrees that the authorization provided herein is permanent and
irrevocable. Producer agrees to execute any further documents or consents
necessary to effectuate this Paragraph 6 within tin (10) days after written
IIIII Ilnll Illl III llf IUI IINII 18fl It NI .7),1;,9eea •
Metered Wells CVWD-631
Producer Funded Page 2 of 4
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110
request. In the event that Producer fails to execute such instruments after
written request, Producer hereby authorizes and irrevocably appoints District, •
• as his attorney-in-fact (said appointment being coupled with en interest and
thus acknowledged by Producer to be irrevocable) with full power and authority
to execute any and all instruments on behalf of and in the name of.Producer as
• may be necessary to effectuate such intent.
7. (a) In the•event that actual water production from a Well is not
available from any Meter due to any reason whatsoever, including, without
limitation, malfunction, repair, or replacement, monthly water production or
portions thereof from a Well may be determined as follows: (i) through
measurement of electrical energy usage, (ii) consumptive use/evapotranspiration
methods, (iii)•applicable historical water production data, or (iv) by any other
standard or reasonable method or combination of methods for water production.
(b) In the event that production from a Well is established by a
method other than a Meter, District shall give written notice thereof, along
with the amount of production for the period in question. Any such
determination made by the District shall be binding upon the Producer, unless
the Producer shall file within ten.(10) days after receipt of such notice, a
written protest Betting forth the grounds for protest, including supporting data
and documentation upon which the protest is based. Within twenty (20) days
after receipt of the protest from the Producer, District shall hold a hearing at
which time the total amount of production shall be determined. Ten (10) days
prior to the hearing, District shall mail to Producer the date and time fixed
for the hearing. At the hearing, District shall hear all evidence submitted by
the Producer, either in writing or at the hearing, in determining the actual
amount of production for the time period in question. Within ten (10) days
after the hearing. District shall mail to Producer the amount of production from
the Mater(s) and the replenishment assessment for the period in question.
Within twenty (20) days after the date of mailing such notice, Producer shall •
pay the replenishment assessment so fixed by the District.
B. Within twenty (20) days after written request, Producer shall provide
to District, its agents, employees, officers. contractors and assigns, at no
expense to District, any and all records, data, reports, and other data relating
. to the Well(a).
9. Producer hereby agrees that the District may install a Meter or Meters
to any Well that Producer drills or creates or causes to be drilled or created
on the Reel Property or any other real property acquired by Producer within the
District's boundaries and jurisdiction. Within ten. (10) days after initiation
of the work to drill or create a Well, Producer shell give written notice
thereof to District, along with the estimated date of completion. Upon
completion of the new Well. Producer hereby.agrees to execute a new Well
Metering Agreement. In the event that Producer fails to execute such a Well
Metering Agreement within ten (10) days after written request, Producer hereby
authorizes and irrevocably appoints District, as his attorney-in-fact (said
appointment being coupled with an interest and thus acknowledged by Producer to
be irrevocable) with full power and authority to execute a new Well Metering
• Agreement covering the new Well.
10. The District shall, on a monthly basis, mail to Producer a statement
of water production in the amount of the replenishment assessment or installment
due. Producer acknowledges that such replenishment assessment and installment
payment are authorized by law and the service provided by the District is the
replenishment of the underground water supply which benefits Producer. Such
assessment or installment shall be paid by Producer within thirty (30) days
after receipt of the mailed statement. If Producer fails to pay the
replenishment assessment or installment when due, Producer shall be liable to
District for interest at the rata of 1 percent per month on the delinquent
amount.
11, Producer hereby agrees to provide District with written notice within
ten (10) days after Producer has agreed to sell, give, donate or otherwise
alienate the Real Property to a third party. The written notice shall include
the following:
(a) Name and address of the proposed transferee;
(b) Name of the Escrow Company handling the transaction;
tared Wells4_He 1111111111111111111111111111111111 47i1 3 of It IL mean CVWD-631
Producer Funded ""' "' '" .. " Page 3 of 4
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(c) Date of close of escrow; and
• (d) Name of title company issuing the title policy.
Producer hereby authorises the District to examine and copy any records
concerning the sale of the Real Property.
12. The rights, duties and obligations described in this Agreement may be
assigned or otherwise transferred by District and any successor or assign of
District. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto and all parties acquiring the Real
• Property.
13. No modification, variance or amendment of this Agreement shall be
effective without the written consent of all of the parties to this Agreement at
the time of such modification, variance or enforcement.
14. Should any party hereto employ an attorney for the purpose of_
enforcing or construing this Agreement, or any judgment based on this .
Agreement, and any legal proceedings whatsoever, the prevailing party shall be
entitled to receive from the other party or parties thereto reimbureement of
reasonable costs and attorney's fees as determined by a court of competent
jurisdiction or an arbitrator. and such reimbursement shall be included in any
judgment or final order issued in that proceeding.
g 8m 15. In the event that any of the terms, conditions or provisions of this
1,6 Agreement, are held CO be illegal, unenforceable or invalid by any court of
competent jurisdiction, the legality, validity and enforceability of the
remaining terms, conditions or provisions shall not be affected thereby.
16. The waiver by one party of the performance of any covenant, condition
or promise shall not invalidate this Agreement, nor shall it be considered as a
i � waiver by such party of any other covenant, condition or promise. The delay in
, ads pursuing any remedy or in insisting upon full performance for any breach or
failure of any covenant, condition or promise. shall not prevent a party from
wiirg later pursuing any remedies or insisting upon full performance for the same or
similar breach or failure.
17. Each party hereby agrees to perform any further acts to execute and
gam deliver any documents which may be reasonably necessary to carry out the
provisions of this Agreement.
• 18. All notices. requests and demands and other communications under this
1 Agreement shall be in writing and shall be deemed to have been duly given on the
date of service if served personally on the party to whom notice is to be given,
. .�,.. or within three (3) days after mailing, if mailed to the party to whom notice is
- to be given, by first class mail, registered or certified, postage prepaid, and
' - properly addressed to the party at his home addreas, or any other address that
any party may designate by written notice to the other.
• PRODUCER:
Date 7 /6'74/17 By Yew
By 5 1 Had At
Ten etAr1:UClael Ob arfakd_
, Cammtuton►1141NNI (Street Addre )" n I. /
`t.. m
Wank*rc,xr • 9Zz(.3
Mytbm.epbes,Nn 13.i031 •
• (City andn Zip Code)�j
/d
(AFFIX APPROPRIATE /(96 1 T'� - 7640
NOTARIAL ACKNOWLEDGEMENTS) • (Telephone Number)
COACHELLA VALLEY WATER DISTRICT
Date 5-1 O-9 9 By
Tom vy
General Manager-Chief Engineer
Metered Wells CVWD-631
Producer Funded Page 4 of 4
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Exhibit"A"
Desert Willow Golf eto owns or has an interest in property in Section 4,Township 5
South,Range 6 East,San Bernardino Meridian,in Assessor's Parcel Numbers 620-400-
002 and 620-410-031.
•
Exhibit"B"
State Well Number 05S06E04B01 S 75'S, 140'E,NW CorN* 1/4, .
htE 1/4,Sec.4;TES,R6E,SBM
State Well Number 05S06E04P01S . 665'E, 350'N,SW Cor, SE 1/4,
SW 1/4,Sec.4,TSS,R6E,SBM •
•
•
1 I IIIII 11111 11111 IIII IIIII ICI 111111 111 IIII IIII 87 i o f�88
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STATE OF CALIFORNIA )
) ss.
County of Riverside )
On May 10, 1999, before me, Grace Barragan, Notary Public, personally
appeared Tom Levy
(X) personally known to me ( ) proved to me on the basis
of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
• Y�
GRACE BARRAGAN ‘,114144A.,
Comm1ssIOP41167087 Grace Barragan, Nota Public in
• NotoryPublic—Colifomia and for said County and State
Riverside County
MyConm.Expires Jon 28,2c02
CAPACITY CLAIMED BY SIGNER:
( ) Individual(s) ( ) Attorney-In-Fact
( ) Partner(s) ( ) Subscribing Witness
( ) Trustee(s) ( ) Guardian/Conservator
(X) Corporate ( ) Other:
Officer General Manager-Chief Engineer
Title
SIGNER IS REPRESENTING:
Name of Entity: Coachella Valley Water District
OPTIONAL SECTION
Title or type of Document: Well Metering Agreement with Desert Willow Golf
Club.
Number of Pages: 4 with attachments Date of Document: April 23, 1999.
•
1 11111111111111111111111111111111111111111111111 87�93/e
•
•
III
• •CALIFORNIA ALL•PUI ACKNOWLEDGMENT 4010
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whose name istrikd subscribed to the within instrument
and acknowledged to me that he/ /tbey executed the
i same in hIsittottWir authorized capacltylrA6),and that by
! i92i at�txEsuCKlE1r his/Fj1(j/t r signatureJ,>I�on the instrument the person;
p %K',�'- Coneniston�1141 mi or the entity upon behalf of which the personOracted,
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Though the Information below Is notroqulred by law,It may prove valuable to persons relying on the document and could prevent
I fraudulent removal and reattachment of this form to another document.
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Description of Attached Document `.
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c Document Date: f 1 Pt/L Z3, I'144 Number of Pages:
{ Signer(s)Other Than Named Above:
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Capacity(ies) Claimed by Sl er(s) •
Signer's Name: W 6 4 e55 , 1 , t' Signer's Name: ',
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! Corporal Officer 0 Corporate Officer
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0 1995 N,Itonal Notary Association•52Je Rommel Ava.,P.O.Box 7164•Canoes Park,CA 91309.1184 Prod No.49437 Reorder.Call Toll-Fria 1•1100417e.E27
Recording requested ilikui9
.•- when recorded return to:
Coachella Valley Water District
Post Office Box 1058
Coachella,California 92236 •
RESOLUTION
It was moved by Director Codekas,seconded by Director Frost,and carried unanimously
that Bernardine Sutton,Secretary of this Board, be and she is hereby authorized,on behalf of
COACHELLA VALLEY WATER DISTRICT,to accept and consent to the recordation of all
deeds or other written instruments in favor of the District,or which may be necessary or
convenient to establish the record title of the District to real property, and that the Secretary is
directed to make a monthly report to said Board, itemizing all such instruments accepted by
her.
STATE OF CALIFORNIA )
COACHELLA VALLEY WATER DISTRICT ) ss.
OFFICE OF THE SECRETARY )
I,BERNARDINE SUTTON, Secretary of the Board of Directors of the Coachella Valley
Water District,DO HEREBY CERTIFY that the foregoing is a true copy of a resolution
adopted by said Board at a regular meeting thereof duly held and convened at its office at
Coachella, California,on the 13th day of March, 1979, at which meeting all Directors were
present and acting throughout.
_ _ I further certify that by authority of said Resolution I accept and consent to the recording of
the attached well metering agreement,executed by Tom Levy,general manager-chief
engineer, Coachella Valley Water District,and Gregg W.Lindquist,general manager,Desert
Willow Golf Resort, dated June 23, 1999,conveying a portion of the northeast quarter and the
southwest quarter of section 4,township 5 south,range 6 east,San Bernardino Meridian,for
water conservation purposes.
• Dated this 25th day of June, 1999.
Secretary
(SEAL)
BAS:gp1rad\99ytinwrrtwtlw
11- Ill iffit11111I 11I lu ll II���� 97/i�3/8S Sf e9 9e8
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
COLORADO RIVER BASIN REGION
ORDER NO. 97.700
GENERAL WASTE DISCHARGE REQUIREMENTS
FOR
DISCHARGE OF RECYCLED WATER
FOR GOLF COURSE AND LANDSCAPE IRRIGATION
The California Regional Water Quality Control Board, Colorado River Basin Region, finds that:
1. Section 13260 (a) of the California Water Code requires that any person discharging waste or
proposing to discharge waste within any region, other than to a community sewer system, that
could affect the quality of waters of the state, shall file a report of waste discharge (ROWD).
2. Section 13512 of the California Water Code states, it is the intention of the Legislature that the
state undertake all possible steps to encourage development of recycled water facilities, so
recycled water may be made available to meet the growing water requirements of the state.
3. This Order serve as a region-wide General Permit for discharge of tertiary treated municipal
wastewater (hereinafter recycled water) for use in golf course and landscape irrigation.
Adoption of this General Permit will streamline the permitting process and should encourage
recycled water usage.
4. Each discharger of recycled water covered by this General Order shall submit an annual fee, and
an application fee equal to the first annual fee, pursuant to Section 13260, California Water
Code. The amount of the fee is currently determined by the type of Order issued the threat to
water quality and the complexity of the discharge as detailed in Section 2200, Chapter 9,
Division 3, Title 23, California Code of Regulations. Recycled water use projects would generally
be rated as Non-Chapter 15 waste discharge requirements with a "Ill" threat to water quality,
and a 'C" complexity rating. Individual ratings may differ, based on the characteristics of the
project.
•
5. To obtain coverage under this General Order, a complete Notice of Intent (NOl) (Attachment 'A'
incorporated herein and made a part of this Order) must be submitted with an appropriate fee.
Users who submit a duly filled NOI , an appropriate filing fee, and meet the requirements of this
permit, will be conditionally authorized to use tertiary reclaimed water for landscaping and golf
course irrigation. A separate NOI must be filed for each facility.
6. The Regional Board may at its discretion issue individual waste discharge requirements, or
prohibit discharge of recycled water when such actions are deemed appropriate. Upon issuance
of individual waste discharge requirements or prohibition orders, discharge of recycled water
under this General Order is not applicable.
7. This General Order is not applicable to producers for producers/dischargers) of secondary or
tertiary recycled water, who are currently required to obtain individual waste discharge
requirements for discharge of recycled water. This General Order does not apply to persons
engaged solely in distribution of recycled water.
1
8. On February 20. 1996, a Memorandum of Agreement IMOA) was executed between the
California Department of Health Services (OHS) and the State Water Resources Control Board
(SWRCB), on behalf of the SWRCB and the nine California Regional Water Quality Control Boards
(RWQCBs). The OHS is the primary agency responsible for protection of public health and the
regulation of drinking water. The SWRCB and RWOCBs are primary state agencies authorized
with the protection of water quality and the assignment of water rights in the state. The MOA
is intended to assure that the authority of these agencies is exercised in a coordinated manner.
9. For the protection of public health, the OHS has promulgated regulations related to usage of
recycled water. These regulations are outlined in Section 60301,Chapter 2, Division 4, Title 22;
and Group 4, Chapter 5, Division 1, Title 1 7; California Code of Regulations, et. seq. (hereinafter
OHS regulations).
10. The Regional Board considers the OHS, or their duly appointed agent, to be responsible for
determining compliance with the OHS regulations, including, but not limited to, requirements
listed under the 'Health-Based Provisions" of this General Order.
1 1. Only facilities which fall in the following categories are eligible to discharge recycled water under
this General Board Order:
a. In accordance with Section 15301, Chapter 3, Title 14 of the California Code of Regulations,
the issuance of these waste discharge requirements, which govern the operation of an
existing facility involving negligible or no expansion of use beyond that previously existing,
is exempt from the provisions of the California Environmental Quality Act (Public Resources
Code, Section 21000 et.seq.).
b. A Negative Declaration or another environmental document, satisfying the requirements of
the California Environmental Quality Act ICEQA), and assessing the cumulative impacts of
General Permit Board Order No. 97.700, has been approved for the proposed project.
12. The Water Quality Control Plan for the Colorado River Basin Region of California (Basin Plan) was
adopted on November 17, 1993 and designates the beneficial uses of ground and surface waters
in this Region.
13. The beneficial uses of ground waters in the Colorado River Basin Region are:
a. Agricultural Supply (AGR)
b. Industrial Supply (IND)
c. Municipal Supply (MUN)
Beneficial uses of groundwater in individual hydrologic units are listed in the Basin Plan.
14. Beneficial uses of surface waters in the Colorado River Basin Region are:
a. Agricultural Supply (AGR)
b. Aquaculture (AQUA)
c. Fresh Water Replenishment (FRSH)
d. Ground Water Recharge (GWR)
e. Industrial Service Supply (IND)
f. Municipal Supply (MUN)
g. Hydropower Generation (POW)
h. Preservation of Rare, Endangered or Threatened Species (RARE)
2
1. Water Contact Recreation IREC I)
Water Contact Recreation (REC II)
k. Warm Water Habitat (WARM)
I Wildlife Habitat (WILD)
Benefic+al uses of individual surface waters are listed in the Basin Plan.
15. The Board has notified the user and all known interested agencies and persons of its intent to
prescribe waste discharge requirements for said discharge and has provided them with an
opportunity for a public meeting and an opportunity to submit comments.
16. The Board in a public meeting heard and considered all comments pertaining to this discharge.
IT IS HEREBY ORDERED. that in order to meet the provisions contained in Division 7 of the California Water
Code and regulations adopted thereunder, the user shall comply with the following:
A. Prohibitions
1. The intentional discharge of recycled water to land not owned or controlled by the discharger
is prohibited.
2. There shall be no application of recycled water within 50 feet, and storage of recycled water
within 100 feet of a domestic well, unless approved otherwise by the OHS .
3. The use of recycled water shall not cause the degradation of ground water used for domestic
purposes or cause any change in water quality parameters which would make the water
unsuitable for beneficial uses as described in the Basin Plan or the Safe Drinking Water and Toxic
Enforcement Act.
B. Specifications
1. Use of recycled water shall not cause pollution or nuisance as defined in Section 13050 of
Division 7 of the California Water Code.
2. Only tertiary treated wastewater as defined by Section 60313(b), Article 4, Chapter 3, Division
4, Title 22 of the California Cede of Regulations shall be accepted and used by the facility as
recycled water.
3. There shall be no direct or indirect discharge of recycled water into any on-site domestic or
irrigation supply wells, as a result of recycled wastewater storage or discharge.
4. Recycled water for discharge shall be procured under a written agreement between the
discharger and producer of the water. A copy of this agreement shall be furnished to the
Regional Board and OHS within 90 days of obtaining this permit.
5. The discharger shall not discharge recycled water in excess of the design capacity of the system.
In case of an emergency, the Regional Board shall be duly notified and authority for any such
discharge shall be obtained in writing from the Regional Board's Executive Officer.
3
C. Provisions
1 The discharger shall comply with "Monitoring and Reporting Program No. 97-700", and future
revisions thereto, as specified by the Regional Board's Executive Officer.
2. The discharger is the responsible party for compliance with these waste discharge requirements.
and the monitoring and reporting program for the facility. The discharger shall comply with all
conditions of these waste discharge requirements. Violations may result in enforcement actions.
including Regional Board Orders or court orders, requiring corrective action or imposing civil
monetary liability, or in modification or revocation of these waste discharge requirements by the
Regional Board.
3. The discharger shall designate an on-site supervisor responsible for operation of the recycled
water system. The supervisor shall be responsible for the installation, operation and maintenance
of the irrigation system, implementation of this General Order, prevention of potential hazards,
maintenance of the distribution system plans in 'as-built' form, and for the distribution of the
recycled water in accordance with this General Order. The name of the on-site supervisor shall
be furnished in writing to the Regional Board at least 30 days prior to commencement of
discharge of recycled water.
4. The discharger shall report any spill incident which endangers human health or the environment
to the California Office of Emergency Services at 1-800-852-7550 and the Regional Water
Quality Control Board at 760-346-7491. During non-business hours, the discharger shall leave
a message on the Regional Board's message machine which is available at the above listed
number. Incident information shall be provided orally as soon as possible and within 24 hours
from the time the discharger becomes aware of the incident. A written submission shall also be
provided to the Regional Board within five business days of the time the discharger becomes
aware of the circumstances.
The written submission shall contain:
a. A description of the noncompliance and its case;
b. The period of noncompliance including exact dates and times and if the noncompliance has
not been corrected, the expected time it is expected to continue; and
c. Steps taken or planned to reduce, eliminate and prevent recurrence of noncompliance.
5. The discharger shalt ensure that all site operating personnel are familiar with the content of this
General Order, and shall maintain a copy of this General Order at the site. Personnel must be
informed that recycled water is meant for irrigation and landscaping purposes only, and is not
approved for drinking, hand washing, etc. Personnel must also be informed of the locations
of domestic and recycled lines to ensure that the potable and recycled systems are not
interconnected. —
6. The discharger shall assure that notification of discharge of recycled water is provided to people
who reside adjacent to irrigation reuse areas and to golf course patrons. The content of the
notice and method of notification shall be approved by the Regional Board's Executive Officer
and OHS. The public shall be notified at least 30 days prior to commencement of golf course
irrigation or landscaping with recycled water. Existing dischargers, whose individual waste
discharge requirements are replaced with this General Order are exempt from this provision.
4
7. The discharger shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances), which are installed or used by the user to
achieve compliance with conditions of this General Order.
8. The discharger shall comply with all of the conditions of this Board Order. Noncompliance with
this General Order is considered to be a violation of the Porter-Cologne Water Quality Control Act
and may involve violation of Reclamation Criteria promulgated by OHS in Title 22, California Code
of Regulations and is considered grounds for enforcement action.
9. The discharger shall allow the Regional Board, the OHS, or art authorized representative, upon
presentation of credentials and other documents as may be required by law, to:
a. Enter upon the premises regulated by this General Order, or the place where records must
be kept under the conditions of this General Order;
b. Have access to and copy, at reasonable times, any records that shall be kept under the
conditions of this General Order;
c. Inspect at reasonable times any facilities, equipment )including monitoring and control
equipment), practices, or operations regulated or required under this General Order; and
d. Sample or monitor at reasonable times, and while escorted by the dischargers' representative
for the purpose of assuring compliance with this Board Order or as otherwise authorized by
the California Water Code any substances or parameters at this location.
10. Prior to any modifications in this facility which would result in material change in the quality or
quantity of recycled water discharged, or any material change in the location of discharge, the
user shall report all pertinent information in writing to the Regional Board and OHS and obtain
revised requirements before any modifications are implemented.
1 1. Prior to any change in ownership or management of this operation, the user shall transmit a copy
of this General Order to the succeeding owner operator, and forward a copy of the transmittal
letter to the Regional Board. The new ownerbperator must file a NOI with the Regional Board.
12. This General Order does not authorize violation of any federal, state, or local laws or regulations.
1 3. The user shall furnish, under penalty of perjury, technical monitoring program reports, and such
reports shall be submitted in accordance with the specifications prepared by the Regional Board's
Executive Officer. •Such specifications are subject to periodic revisions as may be warranted.
14. The user shall retain records of all monitoring information including all calibration and
maintenance records, copies of all reports required by this General Order, and records of all data
used to complete the application for this General Order. Records shall be maintained for a
minimum of three years from the date of the sample, measurement, or report. This period may
be extended during the course of any unresolved litigation regarding this discharge or when
requested by the Regional Board's Executive Officer.
5
0. Health Based Provisions
1 . There shall be no-cross connection between potable water supply and piping containing recycled
water. Supplementing recycled water with water used for domestic supply shall not be allowed
except with an air•gap separation. An air-gap or reduced pressure principle device shall be
provided at all domestic water service connections to recycled water use areas.
2. The discharger shall provide documentation to ensure that there is no interconnection between
the potable and recycled water systems. Dischargers with both potable and irrigation water
delivered to the site shall ensure that a cross-connection test is completed prior to delivery of
recycled water to the site. A cross-connection control test, mutually agreeable to the permittee
and OHS shall be conducted at least once every four years. Existing users shall conduct a
cross-connection test within a time frame acceptable to OHS. The tests shall be conducted by
an American Waterworks Association (AWWA) certified cross-connection control program
specialist or equivalent. Prior to conducting the test the user shall notify the OHS and County
Department of Health Services. Results of the cross-connection test shall be submitted to the
Regional Board, OHS and County Department of Heaith Services within 30 days of completion.
3. The user shall submit the "as built' plans and specifications showing the domestic and irrigation
systems; the location of all potable and recycled water connections; and locations of all on-site
and nearby wells to OHS. These plans shall be submitted within a time frame acceptable to
DHS. Within 30 days of the issuance of this permit, existing facilities without "as built' plans
shall contact OHS for guidance.
4. Adequate measures shall be taken to minimize public contact with recycled water. Clearly
visible, adequately sized warning signs shall be posted in sufficient numbers around the
application and storage areas. The size and number of warning signs shall be mutually
determined by the discharger and OHS.
5. Prior to construction of new facilities planning to discharge recycled water, the discharger shall
submit the design drawings to the OHS, field operations branch, for approval. The discharger
shall, at a maximum, allow the State Department of Health Services a 30-day comment period
for completed designs submitted. If comments are not received by the discharger from the State
Department of Heath Services within that 30-day period, then no response will be deemed as 'no
comment' and the discharger will be able to begin construction.
6. Golf course pump houses utilizing recycled water shall be appropriately tagged with warning
signs with proper wording of sufficient size to warn the public that recycled water is not safe for
drinking. All new and replacement at grade valve boxes shall be purple or appropriately tagged
for water reuse purposes.
7. The use of recycled water shall be in conformance with the reclamation criteria contained in Title
22 of the California Code of Regulations, or amendments thereto.
8. Recycled water shall not be applied in a manner or at a location where it could come in contact
with drinking water fountains, food handling, food storage or dining areas.
9. There shall be at least a 4-foot horizontal and 1-foot vertical separation (with domestic water
above the recycled water pipeline) between all newly installed constant pressure pipelines
transporting domestic water and those transporting recycled water. All newly installed recycled
water distribution lines shall be colored purple or labeled with purple tape. Existing pipelines are
excluded from this requirement.
6
10. Irrigated areas shall be properly managed to minimize ponding.
11 . Recycled water shall not be used as domestic supply water or intentionally used as animal
water supply.
t, Philip A Gruenberg, Executive Officer. do hereby certify the foregoing is a full, true and correct copy of
an Order adopted by the California Regional Water Quality Control Board, Colorado River Basin Region, on
June 25, 1997.
4 Ekecutwe Officer
7
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
COLORADO RIVER BASIN REGION
MONITORING ANO REPORTING PROGRAM NO 97-700
FOR
GENERAL WASTE DISCHARGE REQUIREMENTS FOR
DISCHARGE OF RECYCLED WATER
FOR GOLF COURSE AND LANDSCAPE IRRIGATION
Location of Discharge. Colorado River Basin Region (Region 71
REPORTING
1 Report immediately any failure which endangers human health Or the environment to the
California Office of Emeroencv Services at 1.800.852-7550 and the Regional Water Quality
Control Board at 760-346-7491 . During non-business hours, the discharger shall leave a
message on the Regional Board's message machine which Is available at the above listed
number. A written submission shall be provided to the Regional Board within five business days
of the discharger becoming aware of the circumstances.
2. A duly authorized representative of the discharger may sign the documents if:
a. The authorization is made in writing by the person described above;
b. The authorization specified an individual or person having responsibility for the overall
operation of the regulated disposal system; and
c. The written authorization is submitted to the Regional Board's Executive Officer.
3. Each monitoring report shall contain the following statement:
'I declare under the penalty of law that I have personally examined and am familiar with the
Information submitted in this document, and that based on my inquiry of those individuals
Immediately responsible for obtaining the information, I believe that the information is true,
accurate, and complete. I am aware that there are significant penalties for submitting false
Information, including the possibility of a fine and imprisonment for knowing violations.'
Ordered bye —ft
r Executive Officer
June 25. 1997
Date
1
CAUFORN EGIONAL WATER QUALITY CONTROL ,R0• 7
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GENERAL WASTE DISCHARGE REQUIREMENTS FOR
DISCHARGE OF RECYCLED WATER
FOR GOLF COURSE AND LANDSCAPE IRRIGATION
Colorado River Basin Region
Region - 7
c_,.. n.,ao• *j., 07.E^r
INSTRUCTIONS
FOR COMPLETING THE NOTICE OF INTENT (NOI)
These instructions are intended to help you, the discharger, complete the NOI form for General Waste
Discharge Requirements for use of Recycled Water on golf courses and in landscaping.
At the top of the form, please indicate rf this is a first time coverage under this General Permit, a regurated
facility;or change of information for a facility already covered under this General Permit/General WOR. If this
is a regulated facility'.please supply the eleven digit WDID number for the facility.
Section I •Owner/Operator
Section A.
1. Name - The name (first and last) of the owner/operator of the facility. If the owner/operator is a
company, corporation, etc, then put the name of the company, corporation, etc., in this space.
Please print ciearty.
2 Malting Address - The street number and street name where mai and correspondence should be
sent.(P.O. Box is acceptable)
3. City,State,and Zip Code -The city,state, and zip code that apply to the mailing address given.
4. Telephone-Daytime telephone number of the owner/operator
Section 8.
1. Contact Person-Please list the name(first and last)of the contact person for the owner/operator
(agency.corporation.private business,etc.)fisted above.
2. Please check the boxes to the right of 'Contact Person' to in6cate whether the name given in
section'A.'is the owner,operator,or both the owner and tie operator.
3. Additional Owners-Please check the box If there is more than one owner/operator. Provide the
additional infonna6on In a supplementary letter addressed to the Colorado River Basin Regional
Water Quality Control Board as part of this NOt.
lectlon N-Facility tnformatloq
1. Name of Facility - The name of the facArty that is requesting coverage under this General
Permit/General WOR.
2. Mailing Address of Facility - The street number and street name where the faollty is boated
(P.O.Box is je acceptable).
City,State,and Zip Code-The city,state,and zip code that apply to One facility address given.
Telephone-The telephone number of the facility.
;action 111-Billing Address
•
Send To: - Please check the appropriate box. If billing should be sent to the property owner, please er .r
the information to the right only rf R is different from the information given above. If the billing should
be sent to somewhere or someone else, please check the box titled 'OTHER' and lip in the
information on the right
2. Name • The name(first and Last)o1 the person who will be responsib:e for the bJUng
3. Mailing Address•The street number and street name where the billing should be sent.
(P.O. Box is acceptable)
4 City, State, and Zip Code -The city,state, and zip code that apply to the mailing address given.
Section IV-Verification
Please fill in whether or not a verification has been made to determine rf the discharger(s)are in compranoe
with prohibitions or orders of the Colorado River Basin Regional Water Quality Control Board. Check the
space marked'Yes'or-No'.
Section V-Description of Dlscharae
Provide requested infomiakes.
Section VI -Certiflcattoo
1. Printed Name-Please letter your name legibly. This section should be filled out by the person
responsible according to Section IA of Attachment A.
2. Signature and Dale-Signature of name printed above,and the date sgned.
S. Title-The professional title of the person signing the NOI.
section VII -Other Information Reoulre4
Provide requested information.
^t 1,\V11001`1%1 (\
`����
State of WATER
RV COLORADO RJVER BASIN REGIONAL AT7<R aVAIlTY CONTROL BOARD
NOTICE OF WTENT
Ca1/EP.4 TO COMPLY WITH THE TERMS OF GENERA/WASTE DISCHARGE RE(XPREMENT$FOR USE OF
RECYCLEO WATER FOR GOLF COURSE •LANDSCAPE IRRIGATION
1• New Discharge a EsosIing Unregulated Osdurgs
2 (=st ng Regulated DacTalgs•WOIO
3. CAangs of O+ve ersepnoperator Information •WDiO
I. OWNER/OPERATOR
A Name
Marling Address
Cty State tip Cods Telethons
S. Contact Person Ttls
' � J
Addtional Coveters.I oddtlonal owners/operators ere involved.provide the informaSon on s separate piece of paps,.
n. FACILITY INFORMATION
A. Name Tekplrorts
Marino Address of Facility St eet Address of racy
Cat State rip Cads ' Cty -Stay bp Cow.
pl. BILLING ADDRESS
SENO TO: Name
QOWI RM OAF{ATO.AT AlO PERATOR fi. "tang"ire"4UfTL*
ONLY IF Oft(Alin►Mal A.OVCI
OTHER Cb State I Zq Coos •
fGSTEA Art OMWNflON AT MIA)
REGIONAL BOARD USE ONLY
WDIO: Regional Board Otlioez Oat.NOI Received: Date NOI Mr/cosset
111111I11111 [ID
ors. '• •. f•` •,• : : % i`Y : � Fes An►ount Roceiast Check
Have you contacted the RWOCB or otherwise vented that the proposed discharge will no Notate protu> orie or
orders of the RWOCA7 YES NO
V. DESCRIPTION OF DISCHARGE
Describe the proposed discharge(s)
Provide the Following Information:
Volume of Discharge (gallons): Maximum: Average:
M;nimum:
Distance to Nearest Water Wel:
VI. CERTIFICATION
•
'I certify under penalty of law that this document and al attachments were prepared under my direction and
supervision in accordance with a system designed b assure that quaGtied personnel property gather and evaluate the
information submitted. Based on my Inquiry of the person or persons who manage the system or those persons
directly responsible for gathering the information,the information submitted is lo the best of my knowledge and bead,
true. accurate, end complete. I am aware that there are stniRcant penalties for submit4ng false fibrrnatiorti
inducting the possibility of fine and imprisonment' In addition,I certify that the provisions of the perm Inchxfing 011 a
criteria for eigibTty,will be complied wi h
Printed Name:
Signature: Date:
Title:
VII. OTHER INFORMATION REQUIRED
8'rs'x 11'maps up to a scale of 1.24000 are suggested unless the faulty and disposal area art too large for such
a scale to be practical, In which case of up to 1:144000 may be used. If a scale of 1:144000 b s01t impractical,a
ma tar er than 8 K'x 11'ma be used.