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HomeMy WebLinkAboutMINUTES - 12092003 - C49 -- . Contra _ � Costa TO: BOARD OF SUPERVISORS County FROM: DENNIS M. BARRY, AICP Community Development Director DATE: December 9, 2003 SUBJECT: REPORT ON PROPOSED CALFED LOS VAQUEROS RESERVOIR PROJECT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION AUTHORIZE the Community Development Director to sign the existing Memorandum of Understanding (MOU), among federal, state and local agencies, which provides guidance for studies for the proposed Los Vaqueros Reservoir expansion. FISCAL IMPACT There is no fiscal impact to the County from this action. CONTINUED ON ATTACHMENT: X-YES SIGNATURE � 1, ftECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO MITTEE �CPPROVE OTHER 'p- SIGNATURE(S).N ACTION OF BOR ON n2a')� APPROVED AS RECOMMENDED ✓ OTHER BOR91 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE v6NANIMOUS (ABSENT r4l� AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (925) 335-1226 ATTESTED ktt/ 4' �7 �--1 cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS On September 9, 2003, the County Board of Supervisors sent a letter to CALFED and the state Department of Water Resources {DWR), requesting an increased level of involvement in planning activities related to the proposed expanded Los Vaqueros Reservoir Project. Since that time, at the request of CALFED and the Contra Costa Water District, county staff has been participating in monthly planning meetings of all involved agencies. On November 7, 2003, the state Department of Water Resources (to whom the issue was referred)welcomed the County's involvement, providing two copies of the MOU for signature. CALFED is a consortium of state and federal agencies dealing with water management and ecosystem restoration in the Delta. In the mid 1990's CALFED successfully brokered a fragile consensus of competing interests for water in California, in recent years completing a Framework for Action and a Record of Decision which laid out a phased approach to projects to repair the ecosystem and provide better water supply and reliability,among other things.The proposed Los Vaqueros Reservoir was one of several alternatives considered in the Framework and in CALFED's programmatic environmental review. In the past two years, CALFED (and DWR as a fund ing/implementing agency)have been working with the Contra Costa Water District on project specific studies to flesh out an expanded reservoir project. On June 25, 2003, after two hearings on the matter, the Contra Costa Water District (CCWD) Board of Directors voted unanimously to schedule an election for their ratepayers to decide whether to proceed on planning and environmental documentation for the proposed CALFED Los Vaqueros Reservoir Expansion Project. The vote is scheduled for March 2004, and will dictate whether CCWD supports the project, or it dies. If the ratepayers vote to expand the reservoir, a revised/updated MOU would be prepared for agency signatures to continue project review and documentation at that time. County staff has participated on the CCWD/CALFED Customer/Stakeholder Feedback Group for the past two years. Our focus has been directed at being closely connected to the planning process to the extent possible, and to help direct that process if the expansion project moves ahead, so that the County's interests are addressed. For example, to mitigate project impacts, CALFED is considering a region-wide approach to mitigation occurring within Contra Costa County boundaries, which runs counter to long-established County policy. In addition, CALFED is considering enhancement of areas previously purchased by CCWD for mitigation (of the original reservoir), which may be less expensive, but may be inappropriate and/or inadequate mitigation of impacts incurred. As a result, staff has recommended that should the expanded reservoir project move ahead,the County should be able to be directly involved in planning activities and have the ability to review and comment on information throughout the planning and environmental documentation process (above and beyond that allowed as a commentator during the environmental review process). Staff recommends signature on this and any future MOD's among agencies for the purposes described above. STATE OF CALIFORNIA--THE RESOURCES AGENCY GRAY DAVIS, Governor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.O. BOX 942836 4" 9b SACRAMENTO, CA 94236-0001 (916) 653-5791 LIP it November 7, 2003 Mr. Mark De Saulnier Chair,Board of Supervisors Contra Costa County County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-009 Dear Mr. DeSaulnier: Your letter dated September 9, 2003 to Mr. Patrick Wright, Director of the California Bay-Delta Authority has been forwarded to my office for response. Thank you for your interest in becoming a party to the Memorandum of Understanding for the proposed expanded Los Vaqueros Project. As your letter notes, Contra Costa County can bring important expertise and perspective to the process as the expansion is evaluated. The MOU that guides these studies allows additional parties with an interest in the project to join at any time by executing a copy of the MOU. I have included a copy of the MOU with an additional signature block for Mr. Dennis M. Barry of the Community Development Department. Please execute and return two original documents to my office. We will send all MOU related correspondence to Ms. Roberta Goulart. I look forward to working with your staff on this effort. If you have any additional questions, please contact Stephen A. Cimperman, Los Vaqueros Reservoir Expansion Project Manager at(916) 651-9285. Sincerely, St hen S. Roberts, Chief Surface Storage Investigations Branch Division of Planning and Local Assistance California Department of Water Resources cc: (see attached) cc: Ms. Patricia Roberson U.S. Bureau of Reclamation 2800 Cottage Way,MP700 Sacramento, California 95825 Ms. Marguerite Naillon Contra Costa Water District Post Office Box H2O Concord, California 94525 Ms. Cindy Darling California Bay-Delta Authority 650 Capitol Mall, 5thFloor Sacramento, California 95814 Ms. Roberta Goulart Contra Costa County Community Development Department Contra Costa County Water Agency 651 Pine Street, 4th Floor,N. wing Martinez, California 94553 �l. John Sweeten The Board of SupervisorsClerk of the Board �n ra and County Administration Building Costa County Administrator 651 Pine Street, Room 106 (925)335-1900 Martinez,California 94553-0095 County John Gioia, District I Gayle B. Uilkema, District ll Millie Greenberg, District Ill Mark DeSaulnier, District IV Federal D.Glover, District V co Mr. Patrick Wright Director CALFED Bay-Delta Program September 9, 2003 650 Capitol Mall, 5th floor Sacramento, CA 95814 Dear Mr. Wright: On September 16, 2003,the Board of Supervisors authorized this letter to enable Contra Costa County and/or the Contra Costa County Water Agency to request a greater level of involvement in planning activities for the proposed expanded LosVaqueros Reservoir Project, should it move forward. The Board requests that the County, and/or its Water Agency,become a party to the Memorandum of Understanding (MOU) for the Project. The proposed reservoir expansion project lies within the boundaries of Contra Costa County and within the boundaries of its Water Agency. The existing MOU for the proposed project could benefit from inclusion of the local land use planning authority and perhaps from some level of representation of local groundwater users in close proximity to the proposed expanded reservoir,not already represented by the Contra Costa Water District. Inclusion of the County, a general purpose agency, in conjunction with the regional agencies and water districts already party to the MOU,may help insure more complete and comprehensive planning activities. The County's involvement as a party to the MOU could include aid in management of future studies,participation on the Technical Committee or other relevant committees, and to provide a local land use and local water user perspective not otherwise represented. The County could help in addressing relevant local concerns about the project, and insuring that local commitments are made and respected as part of the process. The County, to the extent practicable, could also provide additional, increased interaction with other local entities. The Board of Supervisors has historically supported CALFED's work on water management and ecosystem restoration in the Delta and has great respect for the consensus process on which it was based. The Board has not taken a position, either on the proposed Los Vaqueros Expansion Project,nor any of the projects proposed as Stage One projects in CALFED's Record of Decision. We look forward to working with you on comprehensive planning for this proposed project. If you have questions, please contact Roberta Goulart, our staff, at (925) 335- 1226. Sincerely, Mark DeSaulnier Chair, Board of Supervisors cc: Mr. Mike Spear, Acting Director,Department of Water Resources f MEMORANDUM OF UNDERSTANDING among the CALIFORNIA DEPARTMENT OF WATER RESOURCES, CALIFORNIA DEPARTMENT OF FISH AND GAME, BUREAU OF RECLAMATION, UNITED STATES FISH AND WILDLIFE SERVICE, UNITED STATES NATIONAL MARINE FISHERIES SERVICE, CONTRA COSTA WATER DISTRICT, EAST BAY MUNICIPAL UTILITY DISTRICT, SANTA CLARA VALLEY WATER DISTRICT, CITY AND COUNTY OF SAN FRANCISCO PUBLIC UTILITIES COMMISSION, ALAMEDA COUNTY WATER DISTRICT, ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, AND SAN FRANCISCO BAY AREA WATER USERS ASSOCIATION regarding CALFED BAY-DELTA PROGRAM STUDIES ON THE EXPANSION OF LOS VAQUEROS RESERVOIR Pursuant to the CALFED Bay-Delta Programmatic Record of Decision for the Final Programmatic Environmental Impact Statement and Environmental Impact Report (hereafter, "ROD"), dated August 28, 2000, an agreement will be developed between several CALFED agencies including the California Department of Water Resources (hereafter, "DWR"), the California Department of Fish and Game (hereafter, "DFG"), Bureau of Reclamation (hereafter, "the Bureau"), U.S. Fish and Wildlife Service (hereafter, "USFWS"), and the National Marine Fisheries Service (hereafter, "NMFS"}; the Contra Costa Water District (hereafter, "CCWD"); and other potential local partners for the completion of necessary studies related to the feasibility of an expanded Los Vaqueros Reservoir, consistent with the CALFED long-term comprehensive plan, including the solution principles and objectives. Purpose: The purpose of this Memorandum of Understanding is to memorialize the mutual understanding of the Parties to this MOU as to how preliminary studies (feasibility study, environmental review, and preliminary design) concerning a potential expansion of Los Vaqueros Reservoir are to be carried out consistent with the CALFED Bay-Delta Programmatic Record of Decision, dated August 28, 2000. Potential later phases of an expansion of Los Vaqueros Reservoir, including final design, financing and construction, are not covered by this MOU. CALFED Study of Expanded Los Vaqueros Res. MOLT for Participation in Initial Studies Page 1 It is hereby recognized through this MOU that: 1. water supply agencies in the Bay Area have different water sources and different water supply and quality concerns, as well as independent, ongoing programs and projects to address their respective water supply and quality concerns; 2. the CALFED ROD recognized that local agencies will continue to independently develop storage and other projects to meet local needs; 3. the CALFED ROD states that CALFED agencies will pursue identified complementary actions, which will help achieve CALFED goals and objectives; 4. the CALFED ROD identified as a complementary action of a Bay Area water quality and water supply reliability initiative called the Bay Area Blend ing/Exchange Project that would enable Bay Area water agencies to work cooperatively to address water quality and supply reliability concerns on a mutually beneficial and regionally focused basis; 5. the Bay Area Blend ing/Exchange Project will evaluate a range of potential changes to infrastructure and institutional arrangements to encourage a regional approach to specific components of water supply operations; 6. the CALFED ROD states that expanding water storage capacity is critical to the successful implementation of all aspects of the CALFED Program and, if strategically located, will provide much needed flexibility in the system to improve water quality and support fish restoration efforts; 7. the CALFED ROD identifies an expanded Los Vaqueros Reservoir as a surface storage project to be pursued with project-specific studies and as one potential component of the Bay Area Blend ing/Exchange Project; 8. the CALFED ROD committed to the identification of potential local partners and development of an agreement as needed for necessary studies with those partners for both the Bay Area Blend ing/Exchange project and for the expanded Los Vaqueros project. The date identified for the Bay Area Blend ing/Exchange project is July 2001 and the date for the expanded Los Vaqueros project was March 2001; 9. the ROD identified the following schedule for the expansion of Los Vaqueros Reservoir: initiation of feasibility studies and environmental review (July 2001); completion of feasibility studies (July 2002), completion of environmental review, documentation, and preliminary design on a selected alternative (end of 2003); and completion of final agreements with project CALFED Study of Expanded Los Vaqueros Res. MCU for Participation in Initial Studies Page 2 participants (mid-2004). The ROD identified the same schedule for the Bay Area Blend ing/Exchange project, and 10. the CALFED ROD committed to the establishment of a Permit Clearinghouse to coordinate and facilitate permit applications across all CALFED programs. This process is detailed in the Permit Clearinghouse MOU signed by various CALFED agencies. 1. Definitions (a) "Party" and "Parties" refer to the signatories to this MOU: DWR, DFG, the Bureau, USFWS, and NMFS; CCWD; and local interests represented by the East Bay Municipal Utility District, the Santa Clara Valley Water District, the Alameda County Water District, Zone 7 of Alameda County Flood Control and Water Conservation District, the City and County of San Francisco Public Utilities Commission, and the San Francisco Bay Area Water Users Association. I (b) "Study" and "Studies" mean the investigation of an expansion of Los Vaqueros Reservoir pursuant to the ROD, including feasibility and environmental review, that will openly and objectively evaluate and discuss the relevant operational, environmental, cultural, engineering, financial, legal, institutional and outreach issues. Parties will use the results of these studies to determine if any of the Parties are interested in pursuing an expanded Los Vaqueros Reservoir. (c) "Environmental review" means the development and completion of necessary feasibility studies, analyses, and documents pursuant to National Environmental Protection Association, California Environmental Quality Act, California Endangered Species Act, Federal Endangered Species Act, Natural Community Conservation Planning Act, and other State and federal environmental laws. 2. Underlying Principles (a) Execution of this MOU for preliminary studies in no way implies support for or an obligation to approve, or participate financially or otherwise in an expansion of Los Vaqueros Reservoir. (b) Participation in this MOU and studies covered by this MOU is voluntary and any agency may withdraw at any time from this MOU by providing written notice to the other Parties. Participation in this MOU and related studies does not imply endorsement or commitment to implement the recommendations of the studies. CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 3 (c) The preliminary studies will be carried out in an inclusive manner that encourages voluntary participation by the Parties executing this MOU as well as other interested persons or organizations. (d) Execution of this MOU is in no way intended to provide preferential treatment to an eventual Los Vaqueros Reservoir expansion project in obtaining authorization or funding to proceed to construction. (e) A separate MOU addressing a Bay Area regional water quality and supply reliability improvement effort, identified as the Bay Area Blend ing/Exchange project in the ROD (pg. 69), will address several potential projects, in addition to the potential expansion of Los Vaqueros Reservoir. Execution of this MOU is not intended to adversely affect work for the Bay Area regional effort or any other project that may be studied or proposed by a Bay Area agency as part of the Bay Area Blend ing/Exchange project or otherwise. (f) The commitments established in the ROD for this Study and the Bay Area Blend ing/Exchange project, which have parallel commitments for preliminary studies, shall guide the schedule of work. No alteration in commitment dates is contemplated for either effort in these preliminary studies. (g) Project elements of the studies should be designed to protect and enhance the environment consistent with overall CALFED ecosystem goals established in the ROD. (h) Execution of this MOU or participation in the activities contemplated by this MOU in no way waives any legal or contractual rights of participating Parties. (i) The governing boards of Bay Area water agency and water user association signatories will approve any final decisions related to their water rights, water contracts, integrated resource plans, and infrastructure resulting from this MOU or associated studies. (j) Execution of this MOU in no way limits the ability of water agency signatories to pursue individual projects or obtain separate federal and State funding. (k) Unmitigated adverse impacts upon users or customers of the Bay Area water agencies, or customers of the Bay Area water agencies, or imposition of new health risks upon customers is not an acceptable outcome of the studies. No agencies or their customers are obligated by this MOU to accept adverse impacts, mitigated or not. (1) The studies will include tasks to explore the necessary changes to the water rights held by CCWD and the Bureau (whose water rights permits include storage to the Los Vaqueros Reservoir) and DW R, and potential new water rights (such as increased diversion rates and storage quantities that add a CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 4 new water right priority date, or new appropriation of water), that would be necessary for an expansion of Los Vaqueros Reservoir. The purposes of this part of the studies are 1) to determine those parties who might be affected by such changes or new water rights so that those affected parties will be included in the CEQA/NEPA process and other outreach efforts at the earliest stages of the study, 2)to determine the process, documentation and permits that would be required for such changes or new water rights, 3) to determine the Scope of Work necessary to carry out these studies, 4) to explore the feasibility of such changes or new water rights (for example, the availability of surplus flows during periods when water quality and fish protection could be assured, the environmental impacts of such changes, the potential impacts to affected parties), and 5) to enable the permitting to proceed in a timely fashion should it eventually be determined that a project could and should proceed. (m) Characterization of water rights will be carried out with the Party holding the corresponding affected water right as the lead entity and with that Party's direct consultation and permission. Except to the extent that documentation of feasibility or unfeasibility may be necessary to comply with alternatives analysis required by State and federal environmental laws, changes to existing water rights held by the EBMUD, the SFPUC, or other parties will not be considered in the studies, and Mokelumne River water rights held by EBMUD, Tuolumne River water rights held by SFPUC, or water rights held by others will not be available to use for the Project, without the express consent of EBMUD, SFPUC, or of other water rights holders respectively. It is the Parties' belief that consideration of such rights without the consent of EBMUD, SFPUC, and/or other parties will likely be deemed an infeasible alternative for institutional reasons. (n) To the extent to which the studies explore or contemplate potential changes to water service contracts, or deliveries under those contracts, the Parties to the MOU who are parties to the contracts that would be changed shall reach agreement on how the contracts are characterized within the studies. (o) Any proposed interconnection between CCWID facilities and the facilities owned by another party will be addressed through separate agreements between DWR and the appropriate party that would cover the related environmental and feasibility studies regarding those facilities. (p) Any proposed re-operation between CCWID facilities and facilities owned by another party will be addressed through separate agreements between DWR and the appropriate party that would cover the related environmental and feasibility studies regarding those facilities. CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 5 3. Roles and Responsibilities of Parties (a) The Implementation MOU in the ROD identified DWR and the Bureau as co-program managers for the Water Storage Program that includes potential Los Vaqueros Reservoir expansion. For the purpose of this MOU, DWR and the Bureau will be co-program managers, and this MOU shall become effective upon its execution by DWR and CCWD. (b) The Bureau, as co-program manager under the CALFED ROD, will be the lead federal agency for NEPA compliance. (c) Either CCWD or DWR will be the State lead agency for the purposes of CEQA. (d) A separate agreement between CCWD and DWR addresses the details of how the preliminary studies will be funded. The Parties executing this MOU will not be required to financially contribute toward costs of these studies. (e) DWR, the Bureau, and CCWD are jointly responsible for the completion and management of the studies. These studies will be consistent with Section 2(m). (f) Phase 1 activities are ongoing at the date of execution of this MOU, pursuant to a contract between CCWD and DWR, dated January 1, 2001. Parties anticipate that a future agreement between CCWD and DWR will provide for the funding and management of further studies in accordance with the commitments outlined above. Before executing any such future agreement, DWR and CCWD shall furnish the proposed scope of work thereof to the Parties to this MOU for their review and comment. (g) DWR, the Bureau, CCWD and other Parties to this MOU will work cooperatively to develop a proposed purpose and need statement for the expansion of Los Vaqueros Reservoir. This effort will be coordinated with the Bay Area Blend ing/Exchange project to include alternatives involving Los Vaqueros Reservoir that are developed in the Bay Area Blend ing/Exchange project. (h) DWR, the Bureau, and other CALFED agencies, in conjunction with CCWD, are responsible for the additional commitments associated with the completion of these studies that are outlined in the ROD and in Section 3(f) of this MOU. (i) CCWD, DWR, and the Bureau shall insure that any tribes who may be affected by the potential expansion of Los Vaqueros Reservoir are involved early and fully in the studies consistent with the ROD. CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 6 {j} Each water right holder or facility owner participating in the studies will be recognized as the lead entity for all matters pertaining to its water rights or facilities. This includes, but is not limited to characterizing water rights for any reports, discussing such rights with the State Water Resources Control Board, DWR, or the Bureau and/or coordinating with other parties about such rights or facilities. (k) When the studies are completed (as currently contemplated for July 2002) the Parties to this MOU will reevaluate their interest in any proposed Los Vaqueros Project expansion based on the contents of the studies, and may at that time decline to participate further or may desire to change the contents of this MOU, or proceed to final agreements regarding participation, if a project is identified. (1) As an existing reservoir operated by CCWD, the Los Vaqueros Reservoir is subject to a number of mandates and agreements. DWR and the Bureau will work with CCWD and interested stakeholders to assure that previous commitments, including local voter approval required for expansion, are respected. (m) The Parties to this MOU will establish a technical committee consisting of representatives from the Parties, including CALFED Bay-Delta Program staff in addition to staff from CALFED agencies, who will meet not less than three times per calendar year for the purposes of keeping other Parties informed, providing input, reviewing technical memoranda, and ensuring that interests and concerns are considered in the development of the studies. DWR, the Bureau and CCWD are responsible for distributing meeting materials and draft work products in a timely manner to interested parties and providing timely responses to concerns raised. (n) DWR and the Bureau, in cooperation with the CALFED Bay-Delta Program, intend to ensure that the concepts of adaptive management and best available science will be incorporated into the studies and into any eventual project should a project be approved. (o) The Parties to this MOU agree to provide data and other relevant information related to the completion of the studies in a timely fashion. Additionally, the Parties agree to participate in timely review and to provide comment on technical reports related to the completion of these studies. Such participation by any Party is subject to that Party's respective policy and legal direction, appropriations, authorization, and funding. (p) Each Party shall designate at least one representative who shall be the lead contact for the organization and who, together with designated alternates, shall attend meetings of the technical committee described in Section 3(m). However, this participation is subject to appropriations and funding. CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 7 (q) Other CALFED agencies, especially those identified in the Implementation MOU as Program Support for the Storage Program, may participate in the studies identified by the ROD and this MOU by execution of this MOU. The Parties believe that the participation of USFWS, NMFS, and DFG will be particularly important as work under this MOU progresses. 4. Outreach Responsibilities of the Parties (a) CCWD, DWR, and the Bureau, in consultation with the CALFED Bay-Delta Program, will consult with nonparticipating CALFED Agencies and interested water users with respect to the results of the studies, subsequent agreements, and all other substantive matters related to the planning, construction and operation of an expanded Los Vaqueros Reservoir. (b) Each Party to this MOU is responsible for consulting with that Party's respective constituencies with respect to the terms and conditions of this MOU, the results of the studies, subsequent agreements, and all other substantive matters related to the planning of an expanded Los Vaqueros Reservoir. (c) In addition to CEQA and NEPA requirements, DWR, the Bureau, and CCWD shall ensure that regular public meetings occur to provide a forum for input in the studies from nonparticipating local and statewide interests and stakeholders, including but not limited to local environmental protection groups, environmental justice groups, recreational interests, in-Delta interests, Native American representatives, and the business community. (d) In addition to the technical committee identified in Section 3(m), the establishment of other stakeholder and technical committees, with entities not a party to this MOU, will be ensured by DWR, the Bureau, and CCWD. (e) Environmental Justice refers to the fair treatment of people of all races, cultures, and income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. CCWD, the Bureau, and DWR will be responsible for ensuring that these studies are conducted in a manner that promotes environmental justice and complies with relevant laws and regulations. 5. Fundinq and In-Kind Contributions Funding for CALFED planning studies related to the expansion of Los Vaqueros Reservoir as outlined in the ROD will be provided by funds available to CALFED agencies as provided for in separate agreements. Future agreements shall also address how local monetary and "in-kind" contributions can be cost shared, subject to the availability of appropriations and funding. CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 8 6. Limitations of this MOU (a) Execution of this MOU does not in any way imply support for or an obligation to support, approve, or participate in an expansion of Los Vaqueros Reservoir. No Party to this MOU is bound to any financial contribution related to these studies or participation in this or a related project, except as might be otherwise provided in separate agreements. (b) Several issues could be identified in the course of these studies that are related to the expansion of Los Vaqueros Reservoir but are beyond the scope of this MOU. The CALFED agencies signatory to this MOU, in consultation with the CALFED Bay-Delta Program, will provide the process for resolution of these and other issues identified by the studies. 7. Continqent on Appropriation of Funds and Future Actions (a) United States: The expenditure or advance of any money or the performance of any obligations of the United States under this MOU shall be contingent upon appropriation or allotment of funds in accordance with 31 U.S.C. 1341 (Anti-Deficiency Act). No liability shall accrue to the United States for failure to perform any obligation under this MOU in the event that funds are not appropriated or allotted. (b) State of California: The commitments and obligations under this MOU of the State of California are subject to the availability of appropriated funds. No liability shall accrue to the State of California for failure to perform any obligations under this MOU in the event that funds are not appropriated. (c) Legal consistency: All provisions of this MOU are intended and shall be interpreted to be consistent with all applicable provisions of State and federal law. 8. Notices All formal notices regarding the term of this MOU as detailed in Section 9 shall be sent to the following: DWR: Thomas M. Hannigan, Director California Department of Water Resources 1416 Ninth Street, Room 1115-1 Sacramento, California 95814-5515 CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 9 DFG: Robert C. Hight, Director California Department of Fish and Game 1416 Ninth Street, 12th Floor Sacramento, California 95814 the Bureau: Kirk Rodgers, Acting Director Mid-Pacific Region, Bureau of Reclamation U.S. Department of the Interior 2800 Cottage Way Room East-1604, MP-100 Sacramento, California 95825-1898 USFWS: Wayne White, Field Supervisor Sacramento Fish & Wildlife Office U.S. Fish and Wildlife Service 2800 Cottage Way, Suite W-2605 Sacramento, California 95825-1846 NMFS: Rebecca Lent, Ph.D. Regional Administrator U.S. National Marine Fisheries Service 501 West Ocean Boulevard, Suite 4200 Long Beach, California 90802-4213 CCWD: Walter J. Bishop, General Manager Contra Costa Water District 2300 Stanwell Drive Concord, California 94524-2099 EBMUD: Dennis Diemer, General Manager East Bay Municipal Utility District 375-11th Street, MS 808 Oakland, California 94607 SCVWD: Stan Williams, Chief Executive Officer Santa Clara Valley Water District 5750 Almaden Expressway San Jose, California 95118 ACWD: Paul Piraino, General Manager Alameda County Water District 43885 S. Grimmer Boulevard Fremont, California 94537 CALFED Study of Expanded Los Vaqueros Res. MOO for Participation in Initial Studies Page 10 Zone 7 of Alameda County Flood Control and Water Conservation District: Dale Myers, General Manager Zone 7 of Alameda County Flood Control and Water Conservation District 5997 Parkside Drive Pleasanton, California 94588 SFPUC: Lawrence T. Klein, Acting General Manager San Francisco Public Utilities Commission 1155 Market Street, 4th Floor San Francisco California 94102 San Francisco Bay Area Water Users Association: Art Jensen, General Manager San Francisco Bay Area Water Users Association 155 Bovet Road, Suite 302 San Mateo, California 94402 CALFED: Patrick Wright, Director CALFED Bay-Delta Program 1416 Ninth Street, Room 1155 Sacramento, California 95814 9. Term (a) The following agencies enter into this MOU which will become effective upon its execution by DWR and CCWD. The Parties to this MOU will reevaluate their interest in the studies upon completion of studies (currently contemplated for July 2002) and may at that time decline to participate further or propose amendments to this MOU. Unless otherwise amended or affected by a CALFED long-term governance agreement or federal or State legislation, the MOU will expire on December 31, 2003 or whenever final agreements with project participants, as contemplated in the ROD, are executed, whichever comes first. (b) At any time, this MOU may be extended or amended by mutual, written agreement of the Parties. (c) At any time, any Party may withdraw from this MOU by simple written notice to the other Parties. (d) Any State, federal, or local governmental agency with jurisdiction over land, water or natural resources in California may become a party to this MOU by CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 11 executing a copy of this MOU. Such execution shall be by the agency's officers pursuant to authority conferred to do so by the governing body of the agency. 10. Counterparts This MOU can be executed in counter parts, each of which shall be deemed an original, but all of which together shall constitute one and the same 'Instrument. IN WITNESS WHEREOF, the parties here to have executed this Memorandum of Understanding. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES Dated: By ThomasM. Hannigan Director STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME Dated: By Robert C. Hight Director U.S. FISH AND WILDLIFE SERVICE Dated.- By Wayne White State Supervisor CONTRA COSTA WATER DISTRICT Dated: By Walter J. Bishop General Manager CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 12 SANTA CLARA VALLEY WATER DISTRICT Dated: By Stanley M. Williams CEO/General Manager ALAMEDA COUNTY WATER AGENCY Dated: By Paul Piraino General Manager ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Dated: By Dale Myers General Manager CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 13 CITY AND COUNTY OF SAN FRANCISCO PUBLIC UTILITIES COMMISSION Dated: By PatriciaE. Martel General Manager SAN FRANCISCO BAY AREA WATER USERS ASSOCIATION Dated: By _ Art Jensen General Manager CONTRA COSTA COUNTY Dated By Dennis M. Barry, AICP Community Development Director CALFED Study of Expanded Los Vaqueros Res. MOU for Participation in Initial Studies Page 14