SLWD may subscribe for and acquire the right to carry-over any unused SLWD Allotment from Year to Year by making a one-time capital payment to Cadiz of $1,500 per AF for each AF of carry-over storage capacity subscribed (“Carry-Over Account”) with a term of fifty (50) years. The Parties further acknowledge and agree that SLWD shall be authorized to secure additional Subscription Agreements (not to exceed the Maximum SLWD Allotment) until May 1, 2015, at which time no additional Subscription Agreements shall be considered part of the SLWD Allotment.Ĥ.3. The Parties acknowledge and agree that SLWD must secure Subscription Agreements from its landowners for a minimum of five thousand (5,000) AFY no later than April 1, 2015, as a condition precedent pursuant to Section 12.1. ![]() Water derived from the SLWD Allotment shall be delivered to SLWD in San Luis Reservoir pursuant to the MWD Exchange between March 1 and September 30 of each Year on a schedule reasonably acceptable to SLWD. SLWD’s allotment of Project Water shall be equal to the quantity of AFY subscribed under executed Subscription Agreements secured by SLWD (“SLWD Allotment”) which shall not exceed 10,000 AFY in the aggregate (said maximum being the “Maximum SLWD Allotment”), which shall include the right to use capacity in the Project Facilities for delivery of the SLWD Allotment. ![]() To the extent that all cumulative Delivery Requests cannot be met in any Year, FVMWC will apportion deliveries consistent with the priorities set forth in the bylaws of the FVMWC (as such priorities may be amended from time to time with the unanimous consent of the members of FVMWC).Ĥ.2. FVMWC shall apply reasonable efforts to meet all Delivery Requests, consistent with operation of the Project in accordance with the Project FEIR, all Project permits and the GMMMP. The rules and regulations shall establish the date for Project Participants to submit Delivery Requests, the date for FVMWC to release an annual delivery schedule, the scheduling of delivery interruptions due to regular maintenance, repair and replacement activities, and other matters as deemed necessary or appropriate by FVMWC. FVMWC shall annually develop a schedule for the delivery of Project Water to its members consistent with this Agreement and the commitments made to all other Project Participants. FVMWC, in consultation with SMWD, will establish rules and regulations regarding the process for delivering Project Water to its members, including SLWD, that are consistent with this Agreement. Each Year, each Project Participant, including SLWD, shall issue a written request to FVMWC specifying the quantity of the Project Participant’s allotment of Project Water requested for delivery the following Year, including requests for delivery of water from storage (“Delivery Request”). The terms of the Facility Operation Agreement shall include: (i) the responsibility of FVMWC for paying or reimbursing costs incurred by FVWA, the County and SMWD for overseeing compliance with the GMMMP on a time and materials basis (ii) the authorization of FVWA and FVMWC to contract with third parties, including another Project Participant, another local public agency, other person or entity, to provide for the day-to-day operation and maintenance of the Project, as well as bookkeeping and administration duties (iii) the responsibility of FVMWC for all day-to-day operations (iv) the responsibility of FVMWC for the collection of proceeds from the sale of water to SMWD, SLWD and other Project Participants and (v) the proper allocation and payment of all costs and charges related to the operation of the Project, including payment due and payable to Cadiz, as described in Section 8.1.Ĥ.1. “Facility Operation Agreement” means that agreement, to be executed between FVMWC and FVWA, pursuant to which the extraction, conveyance, and delivery of water from the Project shall be governed.
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