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HomeMy WebLinkAbout10-1 Intertconnection Agreement,PCWA,TDPUD, attachmentAttachment 1 AGREEMENT PROVIDING FOR A PLACER COUNTY WATER AGENCY AND TRUCKEE-DONNER PUBLIC UTILITY DISTRICT INTERTIE This AGREEMENT made and entered into this day of 2013, by and between PLACER COUNTY WATER AGENCY (hereinafter referred to as Agency) and the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT (hereinafter referred to as District). WHEREAS, Agency's and District's water systems in the Martis Valley area are so situated that a sudden disaster, emergency, or system failure could curtail water deliveries to customers within the boundaries of either Agency or District; and WHEREAS, Agency and District each have the authority and facilities to furnish water for emergency purposes, to the extent that water is available for such purposes; and, WHEREAS, Agency and District each desire to establish an intertie connection to combat such emergencies and assist each other and the habitants thereof. NOW, THEREFORE, in consideration of the mutual terms and conditions hereinafter set forth, it is agreed between Agency and District as follows: 1. Emergency Water Supply Intertie: It is the intent and purpose of this Agreement to provide for the exchange of water between Agency and District under emergency conditions. This Agreement is not intended to provide, nor shall its terms in any way be interpreted to provide a supplemental supply of water to either Agency or District beyond the time of the emergency except as provided in paragraph 3. The term "emergency" shall not mean nor include the shortage of water in either Agency or District as being an emergency condition under this Agreement. "Emergency" shall mean the sudden onset of conditions, such as failure of or damage to equipment or infrastructure, but shall not mean the shortage of water due to drought or other hydrologic conditions. 2. Intertie: To make possible the exchange of water under emergency conditions, an intertie between the respective water distribution systems of the Agency and the District has been constructed. As shown in Exhibit "A", which is attached hereto and incorporated by reference herein, the intertie is located on the south end of Star 1 Attachment 1 Pine Road in the District's Development. The Agency and District coordinated construction of the intertie and pipelines. 3. Intertie Operations: The intertie shall be operated in a manner mutually agreed upon, and shall not at any time be used for supplemental water to meet day to day consumptive needs of either Agency or District except to supply water during scheduled outages that have been pre -approved by both the Agency and the District. The Agency and District shall each designate in writing the name, address and telephone number of each person within its respective organization who has authority to exercise the use of the intertie. The said list shall be kept current, and copies provided to each entity. The intertie may only be activated upon advance approval by both parties. 4. Limitation of Responsibility; Liability: It is understood and agreed that nothing contained in this Agreement obligates the Agency or District to provide water to the other at any specific rate of flow or in any specific volume or quantity, or at any specific time, even in the event of an emergency. Only water for an emergency condition shall be delivered through the intertie. If water is not available or if the delivery of water through the intertie would, in the sole judgment of the supplying party, jeopardize or unduly tax that entity's water supply, water system, property or inhabitants, then such water deliveries may be prohibited, curtailed or eliminated without advance notice and without further obligation or liability or any kind to the other entity or its inhabitants or landowners. 5. Water Quality: It is the intent of the Agency and District that all water delivered through the intertie pursuant to this Agreement, shall meet all applicable Federal and State of California water quality requirements for water for domestic use. 6. Consideration: The consideration for this Agreement shall be the construction of the intertie, and the readiness to deliver available water when emergency conditions exist. Unless otherwise agreed, there will be no charge for water delivered pursuant to this Agreement. It is understood and agreed that the readiness to deliver or delivery of available water under an emergency condition shall not create nor convey any right, title or interest, legal or equitable, in or to the property, reservoir, pipelines, water, water rights and/or facilities of the District or Agency herein named. 2 Attachment 1 7. Terms: This Agreement shall become effective immediately, with the understanding that it may be terminated at any time during its term by either party, without recourse, upon giving the other party 30 days notice. This Agreement shall not be assigned by either party without the prior written consent of the other. IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year first above written. PLACER COUNTY WATER AGENCY Date ATTEST: Clerk, Board of Directors 3 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By Jeff Bender, President of the Board Date ATTEST: Michael D. Holley Clerk, Board of Directors Exhibit "A" Ra Point of Connection Star Pine Rd. .rt Legend T.D.P.U.D. Service Area P.M.A. Service Area