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THIRD AMENDMENT <br />TO <br />GROUNDWATER STORAGE PROGRAM FUNDING AGREEMENT <br />BY AND AMONG <br />THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, <br />ORANGE COUNTY WATER DISTRICT, AND <br />MUNICIPAL WATER DISTRICT OF ORANGE COUNTY <br />AND AMENDED TO ADD <br />CITY OF ANAHEIM AND CITY OF SANTA ANA <br />FOR THE PURPOSE OF ADJUSTING THE CERTIFICATION AND BILLING PROVISIONS <br />OF THE GROUNDWATER STORAGE PROGRAM <br />THIS THIRD AMENDMENT TO THE GROUNDWATER STORAGE PROGRAM <br />FUNDING AGREEMENT, dated as of June 25, 2003, is entered into on , 2008 by and <br />among The Metropolitan Water District of Southern California (Metropolitan), a public entity of the <br />State of California, the Orange County Water District (OCWD or Program Agency), a water district of the <br />State of California and the Basin Manager for the Orange County Basin, the Municipal Water District of <br />Orange County, a municipal water district of the State of California, (MWDOC or Member Agency), the <br />City of Anaheim (Anaheim), and the City of Santa Ana (Santa Ana) (Anaheim and Santa Ana are <br />described as among the "Operating Parties" under the Agreement). <br />I. RECITALS <br />A. Since execution of the Groundwater Storage Program Funding Agreement by Metropolitan, <br />OCWD and MWDOC in June 2003, and the effective date of the First Amendment on May 1, <br />2004, and the effective date of the Second Amendment on November 16, 2005, (the Groundwater <br />Storage Program Funding Agreement, as amended by the First Amendment and Second <br />Amendment, is hereby referred to as the "Agreement") the original parties, Metropolitan, OCWD <br />and MWDOC, have reconsidered the storage, extraction and invoicing procedures for storing <br />water within and extracting water from the Orange County Basin and correspondingly allocating <br />such water to and removing such water from the Metropolitan Storage Account. With respect to <br />storage, the Agreement currently provides for MWDOC to certify all stored water whether <br />directly stored or stored in-lieu. Metropolitan then credits the water invoice for MWDOC, <br />referred to as Member Agency under the Agreement, for water allocated to the Metropolitan <br />Storage Account. With respect to extraction, the Agreement currently provides that the <br />Metropolitan water invoice for all water extracted from the Metropolitan Storage Account be <br />billed to MWDOC, with MWDOC paying the invoice and then submitting it to OCWD, the <br />Program Agency under the Agreement, to collect for reimbursement from the Operating Parties, <br />which include two other Metropolitan member agencies, Anaheim and Santa Ana. Because <br />Metropolitan member agencies are among the Operating Parties, administrative difficulties have <br />arisen with these procedures. As a result, this Third Amendment will modify the certification and <br />billings procedures under the Agreement to provide that any participating Metropolitan member <br />agency overlying the Basin may store water in the Metropolitan Storage Account and to provide <br />for direct billing by Metropolitan to each participating Metropolitan member agency. <br />B. The City of Anaheim and the City of Santa Ana are added as parties to the Agreement pursuant to <br />this Third Amendment solely for the purpose of participating in the Agreement with regard to <br />revised certification and billing procedures for Metropolitan member agencies. <br />C. This amendment changes the operation of the Program as follows: <br />250-3 <br />