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<br />A~~OO;J. -1¿;J.,3 <br /> <br />COPY. <br /> <br />. <br /> <br />CONTRACT BETWEEN ORANGE COUNTY WATER DISTRICT, MUNICIPAL <br />WATER DISTRICT OF ORANGE COUNTY, AND CITY OF SANTA ANA <br />REGARDING IMPLEMENTATION OF MWD LONG-TERM GROUNDWATER <br />STORAGE PROGRAM <br /> <br />This CONTRACT BETWEEN ORANGE COUNTY WATER DISTRICT, MUNICIPAL <br />WATER DISTRICT OF ORANGE COUNTY, AND CITY OF SANTA ANA REGARDING <br />IMPLEMENTATION OF MWD LONG-TERM GROUNDWATER STORAGE PROGRAM <br />(the "Contract") is entered into as of September -' 2003 (the "Effective Date"), by and between <br />the ORANGE COUNTY WATER DISTRICT, a special governmental district organized and <br />existing pursuant to the Orange County Water District Act, Chapter 924, Stats. 1933, as amended <br />(hereinafter referred to as "Program Agency"), the MUNICIPAL WATER DISTRICT OF <br />ORANGE COUNTY, a municipal water district of the State of California (hereinafter referred to <br />as the "Member Agency"), and the City of Santa Ana, (hereinafter referred to as the "Operating <br />Party") (the Program Agency, the Member Agency and the Operating Party are collectively <br />referred to herein as the "Parties"). <br /> <br />RECITALS <br /> <br />A. The Program Agency and Member Agency have entered into a long-term <br />"Groundwater Storage Program Agreement" with the Metropolitan Water District of Southern <br />California ("MWD"), a copy of which is attached hereto as Attachment "A" and incorporated <br />herein by this reference (such agreement is hereinafter referred to as the "MWD Agreement"); <br /> <br />B. Pursuant to the terms of the MWD Agreement, the MWD may store up to 63,000 <br />acre-feet of water ("MWD Stored Water") in the Orange County groundwater basin managed by <br />Program Agency, and may extract up to 20,000 acre-feet per year ofMWD Stored Water; <br /> <br />C. As part of the MWD Agreement, MWD is funding the construction of eight <br />extraction wells to produce the MWD Stored Water (the "Program"); <br /> <br />D. The Operating Party desires to participate in the Program, provide a well site, and <br />serve as the operator of one of the eight extraction wells (the "Program Well") to be constructed <br />in its service area; and <br /> <br />E. The Operating Party and the Program Agency have heretofore processed <br />necessary documents to comply with the California Environmental Quality Act ("CEQA") with <br />respect to the Program. <br /> <br />EXECUTORY AGREEMENTS <br /> <br />NOW, THEREFORE, in consideration of the facts recited above and the covenants <br />conditions and promises contained herein, the Parties hereto hereby agree as follows: ' <br /> <br />SECTION 1. TERM. <br /> <br />The term of this Contract shall commence as of the Effective Date, and shall expire <br />concurrently with the MWD Agreement, subj ect to earlier termination as set forth in this <br />Contract or the MWD Agreement. <br /> <br />131/022499-0028 <br />388856.01 a08/28/03 <br />