History of Eleventh Amended Agreement

Agreement Amendment and Date Pertinent Information/Changes Other Related Actions/ Documents Original 10/25/74 Much of the framework of the current Eleventh Amended Agreement was present in the original. Purpose: provide potable water for water contractors and provide payment to Sonoma County Water Agency (Agency); operating expenses and bonds to be paid from revenues; Agency to construct Russian River-Cotati Intertie; defines surplus water as water that is available in excess of the requirements of Agency's regular customers; outlines apportionment in shortage; establishes framework for cost-share of each aqueduct capital expenses; creates the Water Advisory Committee; establishes special lump-sum payment option for North Marin; sets forth entitlements in terms of average day of month demand for water contractors (Santa Rosa – 50.0 mgd, Petaluma – 17.0 mgd, North Marin WD – 11.2 mgd, Valley of the Moon WD – 4.7 mgd, Sonoma – 3.3 mgd, Cotati 1.7 mgd, Forestville WD – 1.5 mgd, Rohnert Park – 1.0 mgd, and other Agency customers – 1.6 mgd or total of 92.0 mgd).   Supplement to original 2/10/75 In reaction to State Board decision, confirms contractor's commitment to make payments to Agency per original agreement, and confirms Agency's commitment to satisfy its obligations to the contractors State Water Resources Control Board Order No. WR 74-30 limiting Agency's diversions Amendment 1 6/17/75 Adds "offpeak water" and defines it as a special class of surplus water that is primarily available during fall, winter, and authorizes the sale of 4,300 AF/yr of offpeak water to MMWD; amends shortage allocation provisions to provide that offpeak water has a higher priority than surplus water; establishes rate for water sold to MMWD Offpeak Water Supply Agreement with MMWD (7/3/75) Amendment 2 3/24/76 Reduces North Marin's payment for the capital cost of constructing the Intertie Project because construction costs were lower than anticipated   Amendment 3 3/16/77 Adds authority for funding and construction of emergency wells with 7 mgd capacity; and allocates same in proportion to entitlements. Severe drought (1976-1977) Amendment 4 5/19/80 Authorizes expenditure of surplus funds from the capital charges for the Intertie Project to be expended to construct remaining features of the project.   Amendment 5 4/13/82 Authorizes issuance of revenue bonds, defines payment obligations, and adds new definition of the Intertie Project; adds Warm Springs Hydroelectric Project as an authorized facility; assigns revenues from Warm Springs power sales to operation of the water transmission system; adds the Russian River Conservation Charge for North Marin in lieu of new additional property taxes paid by Sonoma County residents for Warm Springs Dam Repayment Schedule for Warm Springs Dam entered into. (Agency and U.S. Corps of Engineers, 10/1/92). Amendment 6 8/28/84 Changes offpeak and surplus water definition to conform to new MMWD agreement - SWRCB Decision 1610 - ('86) - First Amended Offpeak Water Supply Agreement with MMWD (8/28/84) - Lake Sonoma fills for the first time ('86) Amendment 7 12/17/90 Authorizes surplus O&M reserves to pay authorized remaining facilities (except storage facilities); authorizes funds from Storage Facilities Capital Charge to pay capital costs of the remaining features of the Intertie Project Second Amended Offpeak Water Supply Agreement with MMWD (1988) Amendment 8 5/19/92 Adds pH control system and early warning system to the definition of the Intertie project; establishes authority for Agency to acquire Kastania pumping plant and portions of North Marin Aqueduct; expands authority of WAC to approve studies, technical reports, etc. for system expansion, to approve acquisition of certain facilities, to approve agreements with MMWD; redefines apportionment during shortage and offpeak water to include new and amended agreements with MMWD; redefines cost of water to MMWD; authorized sale of an additional 10,000 AF/yr. to MMWD Agreement for the Sale of Water between the Sonoma County Water Agency and the Marin Municipal Water District (10/22/91) Amendment 9 6/28/95 Establishes authority for Agency, subject to approval of WAC, to acquire Potter Valley Project or to make payments to the owner of the Potter Valley Project to insure continued operation; defines and establishes the Russian River Projects Fund and defines projects that can be funded with these monies; modifies the vote weighting for the WAC from total payments basis to entitlement basis and adds the requirement that both 50% of the weighted vote and the affirmative vote of at least 5 of the 8 represented agencies is required for approval; adds selection process for WAC chairperson.   Amendment 10 11/14/97 Adds authority to fund water conservation measures; removes outdated language about projects already built and adds language to authorize additions to the existing transmission system; adds language to limit peaking off Agency's system, and establishes limits on the annual rate of increase of delivery; incorporates provisions of MMWD's new agreement; expands WAC authority to include determination of O&M reserve levels necessary to produce additional revenues to pay the capital costs of common facilities and storage facilities, authorizes WAC to hire consultants for up to $30,000 annually for WAC purposes; establishes General Manger of MMWD as a non-voting participant in the WAC; allocates charges for Intertie aqueduct revenue bond charges in proportion to peak capacity in the aqueduct. Supplemental Water Supply Agreement with MMWD.  (This agreement incorporates all of the agreements with MMWD into one document.) (1/25/96) Amendment 11 1/26/01 Defines new Water Supply and Transmission System Project (WSTSP). Increases monthly entitlements but adds annual acre-foot entitlement caps consistent with current adopted General Plans as follows: Santa Rosa – 56.6 mgd average day of maximum month / 29,100 AF annual cap, Petaluma – 21.8 mgd/13,400 AF, North Marin WD – 19.9 mgd/14,100 AF, Valley of the Moon WD – 8.5 mgd/3,200 AF, Sonoma – 6.3 mgd/3,000 AF, Cotati 3.8 mgd/1,520 AF, Forestville WD – 1.5 mgd (no annual cap as no change in entitlement), Rohnert Park – 15.0 mgd/7,500 AF, and other Agency customers – 2.7 mgd (no annual cap) for total of 136.1 mgd average day of maximum month demand and 71,820 AF annual cap (annual cap excludes Forestville WD and Other Agency customers). Provides annual caps can be changed if General Plans change.  Adds authority to fund and build WSTSP.  Adds specific requirements for conservation (equal to or better than BMPs promulgated by Calif. Urban Water Conservation Council) and penalties for non-compliance - Agency's WSTSP EIR (1998) - Impairment Condition (12/99) and resulting MOU (3/1/01)

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