TO: Napa County Flood Control and Water Conservation District
FROM: Richard Thomasser - District Manager
REPORT BY: Sarah Geiss - Staff Services Analyst II
SUBJECT: Amendment No. 2 to Agreement No. F-103 Somach, Simmons & Dunn
RECOMMENDATION
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District Manager requests approval of and authorization for the Chairperson to sign Amendment No. 2 to Agreement No. F-103 with Somach, Simmons & Dunn for Fiscal Year 2022/2023, at an annual cost of $30,000 for specialized services necessary to advise, assist, and represent the District in its dispute over proper interpretation of the 2013 Area of Origin Settlement Agreement with the California Department of Water Resources (DWR).
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EXECUTIVE SUMMARY
Napa County Flood Control and Water Conservation District was harmed by an action of the Department of Water Resources (DWR) revoking 1,208 acre-feet of carryover water in their 2020 Finalization Report. DWR claimed a Water Exchange Transfer Agreement with Alameda County Zone 7 Water Agency nullified the District's unused Table A allocation as carryover for future water deliveries. Outside special water counsel has represented the District in the on-going and unresolved disagreement with DWR. Amendment No. 2 to Agreement No. F-103 extends the term date and appropriates up to $30,000 per year for legal fees. A Complaint against DWR has been filed with Sacramento County Superior Court.
FISCAL IMPACT
Is there a Fiscal Impact?
Yes
Is it currently budgeted?
Yes
Where is it budgeted?
Fund 8000, Organization 8001500
Is it Mandatory or Discretionary?
Discretionary
Discretionary Justification:
Legal analysis for negotiations is needed
Is the general fund affected?
No
Future fiscal impact:
No future fiscal impact
Consequences if not approved:
Staff will not have the benefit of expert legal services to support dispute with DWR
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California
Code of Regulations 15378 ...
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