TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Richard Thomasser - District Manager
SUBJECT: Contract Renewal for Solano Project Water from Lake Berryessa
RECOMMENDATION
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Authorize District Manager to sign water supply contracts with current and new customers (subcontractors) for a portion of the District’s Solano Project Water allocation within the Putah Creek Watershed upstream of Monticello Dam as allowed by Agreement No. 14-06-200-1290R-1 with the Bureau of Reclamation and adopt a new Resolution modifying Resolution 99-10 that establishes the timing of payment for charges to subcontractors that enter into a water supply agreement with the District.
(No Fiscal Impact, Discretionary)
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BACKGROUND
The Bureau of Reclamation (BOR) constructed and has been operating Monticello Dam, which created Lake Berryessa in the 1950s. Since 1964, the Napa County Flood Control and Water Conservation District (District) has been in contract with the BOR for water service to provide users in the Upper Putah Creek Watershed above the dam with water from the lake for municipal, domestic, and stock-watering purposes.
Water Service Agreement No. 14-06-200-1290R was originally approved in 1964, renewed in 1999, and will be renewed again effective March 1, 2024 and expiring on February 29, 2064.
The Water Services Renewal, Agreement No. 14-06-200-1290R-1 (Agreement) provides for up to 743 acre feet of “Federal Consumptive Use,” which is water diverted directly by BOR or its agents for use on lands of the United States within the take line of the Lake. Additionally, the Agreement provides 1,500 acre feet of “Contractor Water” which can be used by entities within the District’s service area in the Upper Putah Creek Watershed outside of lands of the United States. There is no cost for the water except for annual administrative fees.
The District has nine (9) entities within its service area (see Exhibit A in Agreement No 14-06-200-1290R-1), that are subject to subcontract water service agreements with the District that are scheduled to expire on February 29, 2024. Staff has notified each entity of the need to renew their subcontract agreement if they intend to continue to use water from the lake.
The water supply contract between the District and subcontractors has been revised to reflect the renewal of Agreement No. 14-06-200-1290R-1 with the BOR. The original agreement incorporated by reference as Exhibit C, Resolution 99-10, that establishes payment timelines, charges, and service conditions required by the agreement with the BOR. Resolution No 99-10 has been updated to modify time of payment for customers to increase the efficiency of the program and eliminate advance payment of any portion of the estimated water use to eliminate the potential for overpayment of fees if less water is used than estimated by Customers. No changes to the fee schedule or service conditions is proposed.
The requested action for this item is to adopt the attached Resolution modifying time of payment for subcontracted water and to authorize the District Manager to sign renewal agreements with the existing nine (9) subcontractors and future new subcontractors that may apply throughout the duration of the Agreement with the BOR.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Adoption of the Resolution and authorization for the District manager to sign renewal and new subcontractor agreements will allow for more efficient administration of District’s Solano Project water allocation from the BOR. |
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Consequences if not approved: |
No changes will be made to the Resolution and all subcontractor agreements will require Board approval. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by California Code
of Regulations title 14, section15378 (State CEQA Guidelines) and therefore CEQA is not applicable.