WATER MANAGEMENT ALTERNATIVES PROGRAM Application ...

WATER MANAGEMENT ALTERNATIVES PROGRAM Application Agreement Modesto Irrigation District (“MID”) Board Resolution 2014-____ has authorized a mechanism for Eligible Landowners to participate in one or multiple water management alternatives during the 2014 irrigation season under specified circumstances (“Management Alternatives Program”). The Management Alternatives Program consists of three (3) alternatives. Eligible Landowners may request participation in any one or more of the alternatives by executing and submitting this Application Agreement (“Agreement”). Alternatives

Initial Box(es) to Choose Alternative(s)

Alternative 1: Delivery for Compensation

Eligible Landowners may deliver privately pumped well water into MID facilities in exchange for monetary compensation during the 2014 irrigation season.

Alternative 2: Delivery for Allocation Credit

Eligible Landowners may deliver privately pumped well water into MID facilities for allocation credit during the 2014 irrigation season.

Alternative 3: Delivery for Downstream Delivery

Eligible Landowners may deliver privately pumped well water from one authorized delivery location to another under specified circumstances within MID facilities during the 2014 irrigation season.

Customer Information

Customer Name: Customer Account No(s).: Mailing Address: Contact Phone Number:

ORGANIZED 1887  IRRIGATION WATER 1904  POWER 1923  DOMESTIC WATER 1994

MID Drought Operation Rules (2014) Management Alternatives Program Application Agreement Page 2 of 5

Management Alternatives Program - General Terms and Conditions: 1. The Management Alternatives Program shall apply only to record owners of real property located within the MID irrigation boundaries who meet all of the requirements listed below (“Eligible Landowners”). a. By execution of this Agreement, certify to MID that they are in compliance with the irrigated lands regulatory program or the dairy program; and b. Have all irrigation accounts current as of the date of this Agreement. 2. Tenants or leaseholders are responsible for obtaining all Eligible Landowner approvals. In the event MID requires confirmation of property ownership, Eligible Landowners agree, upon request by MID, to provide a copy of the title or deed to real property referenced herein prior to any payment to Contributing Landowner. 3. A “Program Participant” is an Eligible Landowner that MID has authorized to participate in accordance with any one or more alternative of the Management Alternatives Program. 4. All Management Alternatives Program decisions, to include decisions about Landowner eligibility, beneficial impact to water supply and storage, and compliance or removal from the Program shall be made solely at MID’s discretion. 5. Deliveries or discharges of water to or from MID facilities may only be started or stopped with specific authorization from MID’s Irrigation Department. Water discharged into MID facilities without MID authorization will not be recognized. 6. Program Participant must timely notify MID’s Irrigation Department in case of unplanned events, such as a power or pump failure, that interrupt or affect Program Participant’s participation in the Alternative Management Program. MID will, in its sole discretion, determine Contributing Landowner’s continued participation. 7. Water deliveries to MID must be measured with a properly installed and calibrated flow meter or as determined through a flow test performed by an outside contractor approved by MID. Calibration statements from an outside contractor approved by MID may be required by MID. 8. Landowner shall be solely responsible for well pump operation, maintenance, efficiency and regulatory compliance in order to make water deliveries under this Agreement. 9. Landowner is responsible for all costs and facilities required to intertie into MID facilities and to deliver the water to, or draw the water from, MID facilities. 10. Landowner shall not discharge any water into MID facilities which is not of a quality suitable for agricultural or irrigation purposes. The Contributing Landowner shall be solely responsible for the quality of the water discharged into MID facilities from Landowner facilities. 11. Participating Improvement Districts shall nominate one party to act on behalf of the Improvement District and promptly notify MID of that nominated party. The nominated party shall be responsible for coordinating participation in the Management Alternatives Program and shall be MID’s sole contact. MID shall be entitled to rely on any representation, action and ORGANIZED 1887  IRRIGATION WATER 1904  POWER 1923  DOMESTIC WATER 1994


inaction of such nominated party acting on behalf of the Improvement District. MID will not authorize participation in any Management Alternatives Program , and may suspend or terminate participation in the Management Alternatives Program in the event of any conflicting directions or notices received or any dispute about the Improvement District’s Program participation between Improvement District Landowners. 12. Program participation shall be consistent with MID Board Resolution 89-77, Resolution Approving Groundwater Pumping Policy. 13. MID finds irrigation pumping to be an existing practice. 14. MID retains sole control over use of and access to its distribution infrastructure. 15. Landowner shall be solely responsible for any and all permitting necessary to participate in the Management Alternatives Program, including environmental, state or local agency permitting. 16. The Management Alternatives Program is an emergency drought measure and may be discontinued or modified at any time at MID’s sole discretion. MID reserves the right to amend, add or otherwise withdraw the terms set-forth above. 17. If third party claims arise, MID reserves the sole right to terminate this Agreement. Alternative 1: Delivery for Compensation - Additional Terms and Conditions 1-A. MID shall pay monetary compensation to Program Participants for each acre-foot of water delivered to MID under this alternative. MID shall pay the same rate for each acre-foot of delivered water as will be paid to Contributing Landowners in MID’s 2014 Allocation Return Program. 1-B. MID shall pay Program Participants for water deliveries received by MID under this Agreement within thirty (30) days following the end of the 2014 irrigation season. 1-C. Each water well accepted into the Management Alternatives Program shall be made available to MID at any time upon MID’s request, starting upon the date the well is accepted into the Program and continuing up to and including September 1, 2014. 1-C. Participation in the Management Alternatives Program will be based on whether the additional supply will have a beneficial impact on water storage. Water deliveries will not be authorized if they have, or may have, a negative impact on water storage. In making this determination, MID will consider the impacts of accepting additional supply by considering, among other factors, real time demand downstream of the input, and MID’s obligations to deliver and manage water supply. Alternative 2: Delivery for Allocation Credit - Additional Terms and Conditions 2-A. Allocation credit must reach a minimum of 25 acre-feet before it can be allocated. Allocations will only be made in 25 acre-foot increments. 2-B. A loss of 35% lump sum will be applied to the volume being delivered. ORGANIZED 1887  IRRIGATION WATER 1904  POWER 1923  DOMESTIC WATER 1994


2-C. Allocation credit earned by Program Participants under this Agreement may only be used during the 2014 irrigation season. MID will not carry allocation credits into subsequent irrigation seasons. 2-D. Allocation credits may be used on any parcel within MID’s service territory that is controlled by a Program Participant operating in accord with MID’s Rules Governing the Distribution of Water and the 2014 Drought Operation Rules. 2-E. Allocation credit will be available for use once it is processed and posted to the proper account within TruePoint. 2-F. Participation in the Management Alternatives Program will be based on whether the additional supply will have a beneficial impact on water storage. Water deliveries will not be authorized if they have, or may have, a negative impact on water storage. In making this determination, MID will consider the impacts of accepting additional supply by considering, among other factors, real time demand downstream of the input, and MID’s obligations to deliver and manage water supply. Alternative 3: Delivery for Downstream Delivery - Additional Terms and Conditions: 3-A. Receiving parcel(s) must be downstream on the same facility as the contributing parcel. 3-B. MID shall apply a 5% loss by volume per mile, not to exceed a total loss of 35% for each delivery. 3-C. MID shall not participate in, be responsible for, or in any way liable to Program Participants for any agreement or breach of agreement between or among the Landowners or Program Participants, including agreements regarding the transportation of, payment for, or change in delivery location of the water proposed to be delivered under this Agreement. 3-D. A one time application fee of $300 is due upon submission of the completed Water Management Alternatives Application Agreement, and a fee of $10/AF will be assessed to the Program Participant delivering water into MID facilities for the gross volume of water discharged. Such assessment will be due and payable following the end of the 2014 irrigation season. 3-E. Any participation in the Management Alternatives Program must not have a negative impact on water storage: the resulting impact of accepting private supply for wheeling, considering the real time demand downstream of the input, and MID’s prior orders to release stored water upstream (Don Pedro and Modesto Reservoirs), must be to not decrease the amount of water MID can keep in upstream storage.

Agreement To participate in the Water Management Program, Landowner agrees to comply with the terms and conditions set forth herein, which includes the General and relevant Additional Terms and Conditions, the 2014 Drought Operation Rules, and MID’s Rules Governing the Distribution of Water, all of which are incorporated herein by reference. ORGANIZED 1887  IRRIGATION WATER 1904  POWER 1923  DOMESTIC WATER 1994


This Agreement is entered into solely for the benefit of Landowner and MID; may be executed in counterparts with each deemed an original and all of which taken together to constitute a single instrument; and constitutes the entire agreement between the parties on the matters contained herein. Landowner agrees that any and all use of water delivered by MID shall be consistent with MID’s water rights, jurisdictional boundaries, and all applicable laws, rules, regulations ordinances and policies. Landowner shall indemnify and hold MID harmless for and from any and all liabilities, costs, demands or any other legal claims arising from or related to Landowner’s conduct or activities arising from or related to Management Alternatives Program participation. ____ (initials) Neither MID nor any MID director, officer, employee, agent or representative shall be liable for damage of any kind resulting from Landowner’s participation in the Management Alternatives Program or from any non-MID works or the water flowing therein, or for any waste or other misuse of water by any end-user. I, the undersigned, do hereby attest that I have accurately represented my identity; that I am the owner of the real property subject to this Agreement and am duly authorized to enter into this Agreement. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and that this verified Agreement was executed at Stanislaus County on ______________. Date The parties hereby execute this Agreement as of the date below. ** LANDOWNER

MODESTO IRRIGATION DISTRICT

Name:

Name:

Title:

Title:

Signature:

Signature:

Date:

Date:

** for additional Eligible Landowner signatures, please attach sheets as necessary.

FOR MID USE ONLY:

(circle one)

Approval

/

Rejection

Date: ______

Name: _______________________________ Title:_________________________________

ORGANIZED 1887  IRRIGATION WATER 1904  POWER 1923  DOMESTIC WATER 1994