A. Priority. Colorado River water uses within ID1 have priority for Colorado River water over WSA-O-ID1 customers.

B. Distribution of Colorado River Water. The customer shall not use or permit the use of any Colorado River water outside of the property and/or the CVWD boundaries. Violation of this article will result in termination of Colorado River water service.

C. Groundwater Production. The customer shall reduce annual groundwater production or use so that no more than 20 percent of the water used on the property is groundwater. Additional groundwater may be utilized to service the property in the event of water restrictions. The customer shall take full responsibility for not having a redundant water supply.

D. Irrigation System. Irrigation systems shall utilize pressurized drip, trickle, or sprinkler with a distribution uniformity of greater than 70 percent. The customer shall furnish annual proof of enrollment in an irrigation scheduling program under a CVWD prequalified irrigation specialist providing recommended irrigation and leaching schedules.

E. Reporting of Water. Complete written report showing the amount of Colorado River water diverted and groundwater produced during the previous year, itemized by parcel or as otherwise determined by CVWD, shall be submitted. The annual report shall be provided by a district-prequalified irrigation specialist certifying the customer’s compliance with recommendations under an irrigation scheduling program. The diversion of any significant amount of Colorado River water not previously scheduled and paid for in accordance with the provisions of the WSA-O-ID1 or the diversion in any calendar year of Colorado River water in excess of the maximum quantity available to the customer may be deemed a material breach of the WSA-O-ID1. In the event CVWD determines that the actions of the customer constitute a breach of the WSA-O-ID1, the customer shall be informed in writing of appropriate actions in accordance with the current CVWD rules governing canal water and drainage service as amended and supplemented.

F. Water Conservation. Prior to the delivery of Colorado River water provided from or conveyed via the WSA-O-ID1, the customer shall develop a water conservation plan as required and approved by CVWD.

G. Canal Water Rate. The canal water rate for Colorado River water service shall be a contracted water rate included in a canal water service agreement that is based on the following formula:

Canal Water Rate = 0.85 × (Power + RAC)/Canal Water

In addition, the contractor shall pay the associated current outside ID1 surcharge.

H. Term, Quantity, and Location. The term of the WSA-O-ID1 shall be a maximum of 10 years. All WSA-O-ID1s shall specify a maximum quantity of water and location.

I. Five-Year Reviews. CVWD reserves the right to reexamine at five-year intervals, beginning five years after the effective date of the WSA-O-ID1, the existing and potential water uses and needs of the customer for beneficial use of the Colorado River water. If CVWD determines that the customer’s entire supply of Colorado River water made available through the WSA-O-ID1 has not been or may not be beneficially used, a revision of the amount of Colorado River water the customer is entitled to have delivered pursuant to the WSA-O-ID1 may be necessary, and CVWD shall revise the WSA-O-ID1 accordingly. Prior to such revision, a 90-day notice will be given to the customer, and the customer shall be given an opportunity to be heard. In determining the needs or uses of the customer, CVWD shall consider the factors which include, but are not necessarily limited to, the following:

J. Groundwater Overdraft. Customers participating in projects outside of ID1 recognize and agree to participate in a program designed to help address the groundwater overdraft problem in ID1 consistent with the quantification settlement agreement of October 10, 2003.

K. Inspection of Works. CVWD, its employees, agents, contractors, subcontractors, successors, or assignees shall at all times have the right to inspect all works utilized by the customer and any person, firm, or corporation representing the customer in the diversion, processing, storage and distribution of Colorado River water and groundwater.

L. Rights of Access. The customer grants a right of access to the United States and CVWD and their authorized employees, agents, subcontractors, successors, or assignees to enter the customer’s service area and rights-of-way for the purpose of inspecting and checking any diversion facilities, including any wells, metering equipment and associated facilities for pumping Colorado River water pursuant to the WSA-O-ID1. The customer will obtain all necessary rights-of-way required for diversion and conveyance of Colorado River water pursuant to the terms and conditions of the WSA-O-ID1. Where rights-of-way across lands of the United States are required by the customer for diversion and conveyance of Colorado River water, application therefor will be submitted to the United States.

M. Books, Records, and Reports. The customer shall establish and maintain accounts and other books and records pertaining to administration of the terms and conditions of the WSA-O-ID1, including the customer’s financial transactions; water supply data; project operation, maintenance, and replacement logs; project land and rights-of-way use agreements; the water users’ land-use (crop census), land-ownership, land-leasing, and water-use data; and other matters that CVWD may require. Reports shall be furnished to CVWD in such form and on such date or dates as CVWD may require. Subject to applicable laws and regulations, each party to this WSA-O-ID1 shall have the right during office hours to examine and make copies of the other party’s books and records relating to matters covered by this WSA-O-ID1. (Ord. 1437.3 § 5-3, 2023; Ord. 1437.2 § 5-3, 2023; Ord. 1437.1 § 5-3, 2022; Ord. 1437 § 2 (Exh. A § 5-3), 2019)