Rivard Inquiry - Ry Rivard 1 of 2 https://outlook.office.com/owa/?viewmodel=ReadMessageItem&ItemI... Rivard Inquiry Hattam, Mark Sun 7/1/2018 10:31 AM To:Ry Rivard ; Cc:Thompson, Frances ; Ry, as I promised, here is the cost summary re Brownstein/Hatch&Parent work. There was no record of any payments to Sco Slater or Chris Frahm directly (other than director expenses for when Chris Frahm was on our Board). The total amount we show paid to Brownstein and Hatch & Parent collec vely from March 1997 through the present is $25,599,511.11. That is an average of about $1,219,024 per year over 21+ years. Those firms diligently, and successfully, represented the Water Authority in a host of cri cal ma ers, including but not limited to: Evalua on of MWD's development and adop on of a wheeling rate. Li ga on opposing MWD's a empt to validate the adop on of a postage stamp “wheeling rate” in trial and on appeal. A er remand, MWD ul mately dropped its a empt to validate its wheeling rate. Successfully nego ated the terms of the SDCWA Water Transfer Agreement with IID. Prepara on of the Environmental Impact Report for the Water Transfer. Suppor ng the Water Authority and special trial counsel in li ga on with MWD in various internal (Water Authority staff and board processes) and external forums including MWD and California state courts, over the legality of MWD’s rates, MWD’s refusal to properly account for revenues paid to MWD including its undercalcula on of the Water Authority's preferen al rights, MWD's imposi on of illegal RSI contracts, and numerous other MWD issues. Among other outcomes, MWD's Water Stewardship Rate on Exchange Agreement water has been declared illegal (resul ng in hundreds of millions of dollars in savings over the life of the wheeling agreement), MWD's RSI clause has been declared void and uncons tu onal (remedies s ll pending on remand) and the Water Authority has been awarded an addi onal approximately 100,000 acrefeet of preferen al rights en tlement to MWD water (two mes the capacity of the Carlsbad seawater desalina on project). Successfully nego a ng, through direct nego a on and three media on processes, the 1998 Exchange Agreement and complementary State legisla on that established a fixed schedule Exchange Rate for 30 years and provided $235 million for the lining of the All-American Canal and groundwater storage. Successfully pe oning the State Water Resources Control Board for approval of the SDCWA Water Transfer Agreement over two months of hearings and securing SWRCB approval of the full amount of requested the requested transfer. Renego a on of the Water Transfer Agreement to account for the reduc on of 800,000 acre feet of water required to off-set impacts to the Salton Sea. Successful nego a on of the Quan fica on Se lement Agreement and related contracts (about 36 in total), including a renego a on of the Water Transfer Agreement and the 1998 Exchange Agreement to conform with Salton Sea mi ga on requirements and other issues. Agreements included the first direct contractual rela onship between SDCWA and the United States Department of Interior, providing for the delivery of the Water Transfer and Canal Lining water (277,700 acre-feet), implemen ng the largest agriculture to urban water transfer in US history (Colorado River Water Delivery Agreement). Successful defense of the en re QSA over a 10-year period against state and federal court challenges at two mul -party trials and appeals, including the SWRCB Order and canal lining. Suppor ng the Water Authority and its legisla ve advocates in representa on in legisla ve sessions and work groups to redra the Katz Wheeling Bill, Water Code Sec on 1810 et seq. Suppor ng the Water Authority staff and legisla ve advocates in Seven Basin States mee ngs regarding 1/25/2019, 3:00 PM Rlvard lnqulr). . R). Rivatd hups l/nmlook umce operations and apportionments ofthe Colarado River and in numerous other state and federal legislative and regulatory matters. Negotiation of amendments to the Water Transfer Agreement to resolve contributions to avoid socioeconomic impacts to imperial County and to fix the escalation in water costs unoerthe Water Transfer Agreement, successfully avoiding litigation of such issues. Supporting the Water Authority and its special trial counsel in attempts to allow the public to have access to rate model to see how its rates and charges are set. Negotiating ano effectuating resolution ofSalton Sea mitigation issues with the and other agencies on the mitigation ofoeliveries to the Salton Sea entereo Phase II. Supporting the Water Authority in the evaluation and planning for a myriad of water law and other legal issues impacting or potentially impacting the reliability and cost ofthe WaterAutharity'S regional water supply including MWD, IID, Colorado River and other third parties. Because I am on vacation, I cannot address any other inquiries until I am back afterluly 9. if you have any questions on particular matters you may want to contact Scott Slater or Chris rrahm. Thank you. Mark J. Haflam General Counsel San Diego County Water Authority 4677 Overland Avenue 2 01'2 Ins/20w, 3 00 PM