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HomeMy WebLinkAbout01364 - DWA DESERT WATER AGENCY CONSERVATION & RECLAMATION Desert Water Agency - Use of Sewage Effluent AGREEMENT #1364 (Orig 12-7-77) WATER CONSERVATION AND RECLAMATION MO 2504, 12-7-77 AGREEMENT made this ] 7f day of _ 1�/%7 1977 , between the City of Palm Springs (hereinafter "City" ) and the Desert Water Agency (hereinafter "Agency" ) . RECITALS 1 . The Desert Water Agency is a public agency organized in 1961 by special act of the State Legislature (West ' s Water Code Appendix 100-1 , et semi ) . The boundaries of the Agency embrace all of the territory within the City. • The Agency owns and operates the principal water system which provides water service to the lands and inhabitants of the City and surrounding areas . Its water supply comes from local stream diversions , local wells , and from water imported through the State Water Project. 2 . The City of Palm Springs is a municipal corporation, and it owns and operates the only wastewater collection, treatment and disposal system for the lands and inhabitants within its boundaries . 3 . Both the City and Agency recognize the unique importance of water in a desert community and the need not only for effective conservation, but also for reuse of the water supplies of the area whenever feasible. • The limits on both the local and State supplies of water 0 • have been underscored by the present drought . 4. The policies expressed by the parties in this Agreement are in full accord with State policies . Article x, Section 2 of the Constitution provides that the water resources of the State shall be beneficially used "to the fullest extent of which they are capable , " that the "conservation of such water is to be exercised, " and that waste or unreasonable use of water is to be prevented. Implementing such Constitutional provision, the Legislature has authorized any supplier of water for municipal use to undertake water conservation programs to reduce water use, and to require as a condition of new service that reasonable water saving and water reclamation devices be installed. • (Water Code, Section 1009) . The Legislature has also declared that the people of the State have a primary interest in the development of facilities to reclaim water containing waste in order to supplement existing supplies , and to assist in meeting the future water requirements of the State . (Water Code , Section 13510) . And the State Water Resources Control Board has recently adopted a "Policy and Action Plan for Water Reclamation in California. " 5 . Having previously recognized the needs of the community and these statewide policies , the parties are already engaged in comprehensive programs for the conservation of water, and the City already reclaims and reuses for • irrigation purposes a substantial portion of the effluent -2- • from its wastewater treatment plant . However, it is the purpose of this Agreement , by furthering the cooperation and coordination between the parties , and by acknowledging a joint dedication to these common goals , to better integrate, expand and improve the water conservation and reclamation efforts of the community. TERMS 6 . Policy Statement. It is the joint policy of the Agency and the City to manage the distribution and use of water within the City and surrounding areas , including the reclamation and reuse of treated wastewater, in such • ways as to promote , within the legal abilities of the parties and within reasonable economic , social and aesthetic limits , the optimum conservation of existing local and supplemental water supplies , and the reclamation and reuse of such supplies to the fullest practical extent . 7 . Principles of Implementation. This policy shall be implemented through the coordinated efforts of both parties which shall include : (a) appropriate revisions to building and plumbing codes or other ordinances to require in new structures low water use fixtures , water saving devices , or other measures to conserve water; (b) design review, subdivision map approval , and other land use controls ; • (c) rules and regulations controlling water service, including -3- 0 4 • irrigation and outside use requirements ; (d) design and approval of water systems ; (e) rate structures ; ( f) public information and education; (g) applications for loans and grants to construct physical facilities necessary for reclama- tion and distribution of reclaimed water; and (h) the remain- ing provisions of this Agreement. 8 . City Priority to Reclaimed Water. The City presently provides necessary treatment to a portion of the wastewaters treated at its existing plant in order to use such effluent for irrigation of certain City-owned properties , and is in the process of adding tertiary treatment capacity. The City shall continue to own and operate all treatment . facilities , and have the responsibility of providing all necessary treatment needed to meet the legal requirements for wastewater made available under this Agreement for reclamation and reuse . The City shall have a prior right to take and use all of the reclaimed water which is now available , or which may hereafter become available , for use upon land owned, leased or operated by the City. The facilities necessary to deliver and use such reclaimed water shall be the responsibility of the City, and the City shall pay all construction and operation costs associated therewith. 9 . Agency' s Right to Reclaimed Water. Subject to the provisions of Paragraph 8 above, the Agency shall have the right under the terms of this Agreement to take the • remaining quantities of reclaimed water which have been -4- 0 treated by the " City, and to deliver such reclaimed water for • reuse within its boundaries . Except for negligent or willful acts of the City, however, the City shall not be liable for interruptions in the flow of such supply. The Agency shall make all reasonable efforts to utilize the full supply of reclaimed water that may be available, but shall not be required to do so . To the extent that the Agency does not take all of the reclaimed water which is available , the City shall have the right to utilize the remaining quantities in such ways as it may determine; otherwise it shall dispose of such unused quantities in accordance with its waste discharge requirements and all provisions of law. 10 . Agency ' s Responsibilities for Reclamation • Program. Subject to City use as provided in Section 8 , the Agency shall have the responsibility of developing the program for reclamation and reuse of all available waste- water. Such program shall include required improvements and additions to treatment facilities in order to maximize the quantities of wastewater available for reuse ; storage and distribution facilities ; seeking funding for construction of necessary improvements ; rules and regulations controlling use of reclaimed water; and development of appropriate user charges . Any improvements , additions or modifications to the City ' s present treatment plant shall be under the control of the City, and shall be the property of the City. The City shall continue to operate all facilities used for the treatment of reclaimed water. All other facilities required -5- • 0 for such reclamation program shall be designed, constructed, owned, operated and maintained by the Agency. Where reclaimed water is made available by the Agency, it shall generally be required that a backup connection to the Agency' s domestic system be installed. Priority in the use of reclaimed water shall be given by the Agency to all other public agencies , and water for use on public agency lands shall be made available by the City at its treatment plant without charge. The Agency' s reclamation program shall be developed in consulta- tion with the Technical Advisory Committee hereinafter provided for. 11 . Costs and Revenues . The City shall determine the price, except for use by public agencies on their own lands , at which reclaimed water is made available to the Agency. Such price shall not exceed the costs of providing the tertiary or other treatment necessary for reuse of the water. The Agency' s rates and charges for reclaimed water shall in turn be set so as to encourage the use of reclaimed water, but the Agency shall not be required to charge less than the price paid to the City and its own costs in deliver- ing such water. 12 . Technical Advisory Committee . The parties shall establish a Technical Advisory Committee composed of approximately six persons . Each party shall appoint an equal number of representatives from its management and engineering personnel . The function of the Committee shall be to assist generally in the implementation of this Agreement -6- and in the coordination between the parties , recognizing that the Agreement necessarily has been drawn in broad terms , and that the programs contemplated herein will require nhmerous and detailed future decisions by the parties . 13 . Title to Reclaimed Water. The ownership of the reclaimed water which is made available for reuse under this Agreement shall vest in the party owning the facilities in which the reclaimed water is stored, or through which it is delivered for use . 14. Compliance with Legal Requirements . The parties each agree to comply with all lawful requirements of the State Department of Health, the State and Regional Water Resources Control Boards , and any other governmental agency having jurisdiction over the activities or the programs of the respective parties under this Agreement . 15 . Liabilities . The parties shall each indemnify and hold the other free and harmless from all claims , expense or liability of any kind, including attorney fees and other costs of defense, resulting from the exercise of any of the rights of the party under this Agreement, or the failure of the party to perform its obligations hereunder . Provided that the City meets all legal requirements for the treatment of reclaimed water made available to the Agency, for reuse hereunder, the City shall have no liability to the Agency or to any other person for any claims arising of the delivery to the Agency of such reclaimed water and the reuse thereof. -7- 0 0 16. Term. This Agreement may be terminated by • either party upon ninety days written notice to the other, provided that termination by the City shall not deprive the Agency or its customers of the supply of reclaimed water which has already been put to use, and for which delivery facilities have already been constructed, until a reasonable period of time has elapsed in which to permit full amortiza- tion of the cost of such capital investment . APPROVED AND SIGNED in the City of Palm Springs , California, and effective upon the date inserted above . CITY OF PALM SPRINGSa ATTEST By: City Clerk City of'Palm Springs APPROVED AS TO FORM: �G�C ity ttorney Cit of Palm Springs DESERT WATER G NC-T I By: r' d �` ATTEST: > Secretary Desert Water Agency APPROVED A/S� TO FORM: (_�,�E'�;OVEDLY TS��L ��gp� ��,, �1• ka`'d" E 9a •�•�'G Best, Best & Krieger General Counsel -8-