GRANT DELIVERY WATER CONTRACT

THIS AGREEMENT is entered into this 3rdt day of June, 2019, in the State of
California by and between the United Water Conservation District and Fox
Canyon Groundwater Management Agency 

RECITALS

WHEREAS, FCGMA is empowered to manage and preserve groundwater
resources within its jurisdictional boundaries;

WHEREAS, due to above average-rainfall and Sierra Nevada mountain snowpack
this year, the State of California made surplus State Water Project waters
available for purchase by and through member water agencies, to which UWCD
participates as an SWP member agency;

WHEREAS, the FCGMA desires to use monies it has received from payment of
surcharges collected for groundwater extraction in excess of allocation in order to bring
high quality SWP water into groundwater basins within its jurisdictional boundaries; and

WHEREAS, UWCD has committed to purchasing surplus SWP waters and
bringing such waters into the jurisdictional boundaries via Lake Piru
and the Vern Freeman Diversion Facility located along the Santa Clara River beginning
in June 2019.

AGREEMENT

1. The FCGMA hereby promises and agrees to compensate UWCD for those
surplus SWP waters purchased from the State (or its member agency(ies)) with the
assistance of this grant delivery agreement that are actually delivered to and through
Freeman Diversion Facility to groundwater recharge facilities in the Oxnard
orebay, up to a maximum amount of 15,000 acre feet at the rate of $200 per acre foot.
The delivered water price includes all UWCD infrastructure and operating fees. UWCD
shall meter all waters released from Lake Piru and delivered through the Vern Freeman
Diversion Facility. UWCD shall provide CGMA with evidence of its meter readings for
the water delivered by this agreement. Water pursuant to this agreement shall be
delivered in total by August 15, 2019.

2. CONTRACT The CGMA or its designee will
have the right to inspect or audit the amount of waters actually delivered through the

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Vern Freeman Diversion Facility and shall have access to all necessary equipment,
records or personnel for inspection or audit purposes. UWCD shall not charge CGMA
for time expended in providing information necessary for any inSpection or audit under
this agreement.

3. GOVERNING LAW. This Agreement shall be governed by the laws of the
State of California. Venue for any disputes arising out of this Agreement shall be in the
County of Ventura.

4. COMPLETE AGREEMENT. This written Agreement, including all
writings speci?cally incorporated by reference, shall constitute the complete agreement
between the parties. No oral agreement, understanding, or representation not reduced to
writing and specifically incorporated shall be of any force or effect, nor shall any such
oral agreement, understanding or representation be binding upon the parties hereto.

5. NO ASSIGNMENT. Neither this Agreement, nor any of its provisions, nor
any right or obligation arising hereunder is assignable or delegable in whole or in part,
without the express written consent of both UWCD and the FCGMA.

6. NEITHER PARTY DEEMED PREPARER OF CONTRACT. It is agreed
and understood by the parties that this Agreement has been arrived at through negotiation
and that neither party is to be deemed the party which prepared this Agreement within the
meaning of Civil Code section 1654.

7. EXECUTION IN COUNTERPARTS. This Agreement may be executed in
several counterparts, each of which shall be an original and all of which shall constitute
but one and the same instrument.

8. INDEMNFICATION. UWCD shall hold harmless CGMA for any and all

claims of non-compliant endangered and invasive species impact of this surplus SWP 


waters release. ?w

Fox Canyon Groundwater United Water Conservation District 
Management Agency

@942

Maurick Guardado, Gef? ral Manager

 

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