HomeMy WebLinkAbout11/10/1992, C-9 - AMENDMENT NO. 4 TO CORPS OF ENGINEERS LICENSE FOR SALINAS RESERVOIR VIII^I�III�IIIII^�� Ilul�l MEETING DATE:
II II I�
cityoSan �S OBISpO November 10, 199
COUNCIL AGENDA REPORT ITEM NUMBER/??
FROM: John Mos ,A PREPARED BY: Gary W. Henderson
'
Acting U es Director Water Division Manager
SUBJECT: Amendment No. 4 to Corps of Engineers License for Salinas Reservoir
CAO RECOMMENDATION: Approve Amendment No. 4 and authorize the mayor to
sign the amendment between the City of San Luis Obispo
and the U.S. Army Corps of Engineers.
BACKGROUND:
The Salinas Dam was built in 1941 by the Department of War (now the U.S. Army Corps of
Engineers) to supply water for Camp San Luis Obispo. The available water supply was never
fully utilized by the U.S. Government and therefore the City of San Luis Obispo was granted
a license from the Corps in 1944 to connect to the Army pipeline to utilize excess available
water from the Salinas Reservoir.
The conditions and terms of the license have been amended three times since the original license
was issued. Amendment No. 4 extends the termination date to December 16, 1993; all other
terms of the license remain unchanged. Amendment No. 4 was initially received in 1988 but
was placed on hold since discussions looked like they would result in local ownership of the
reservoir in the near future. The Corps of Engineers are still interested in transferring
ownership in the facilities and property to the City or County. The City and Corps want to
approve this amendment to make sure there are no loose ends as we continue trying to transfer
the ownership of the reservoir. The Corps has indicated that the proposed expansion of the
storage capacity (ie. installation of spillway gates) will not be allowed until the facilities are
transferred to local control. Discussions between the City and County are continuing to resolve
the issue of ownership.
Since it is now obvious that the ownership issue will not be resolved in the very near future and
our current license for use of Salinas Reservoir expired in December 1988, staff recommends
that the amendment extending the license be approved by the Council and executed by the
mayor.
FISCAL IMPACT:
There is no additional fiscal impact above the current costs. The City pays for all the operation
and maintenance costs associated with water supplied to the City of San Luis Obispo's Water
Treatment Plant. These costs are included in the existing budget and no additional funding is
anticipated.
Attachments: 1. Amendment No. 4
2. Original Agreement and Amendments 1-3
uumse.p
DEPARTMENT OF THE ARMY
IAS ANGELES DISTRICT
CORPS OF ENGINEERS
Secretary of the Army
License No. DA-04-353-ENG-1943
Salinas Dam and Reservoir Project
City of San Luis Obispo
San Luis Obispo County, California
AMENDMENT NO. 4
PROVIDES FOR EXTENSION OF TERM
AND REVISIONS IN CONDITIONS
THIS AMENDMENT NO. 4, entered into by and between the
SECRETARY OF THE ARMY, hereinafter referred to as the Government,
and the CITY OF SAN LUIS• OBISPO, hereinafter referred to as the
Licensee, WITNESSETH:
WHEREAS, on 17• December 1943, the then Secretary of War
granted a license to the licensee.- to operate and maintain a
connection to a pipeline, which pipeline is hereinafter called
the Army Pipeline, one of the facilities of the Army Diversion
System on the Salinas River, San Luis Obispo County, California;
and
WHEREAS, on 29 July 1952 by Amendment No. 1, the license was
amended to provide, among other things, for the delivery to and
payment for the license of up to 3000 acre feet of water in any
. one calendar year from the Army Pipeline leading from Salinas
Reservoir; and
WHEREAS, on 6 July 1962 by Amendment No. 2, the license was
.revised to provide that the licensee shall furnish and install,
at its own expense, a meter between the Army Pipeline and the
connecting pipeline, for the purpose of measuring water diverted
. to the licensee's distribution system, the amount of water to be
controlled and measured solely by a representative of the United
States. The amount of water to be diverted by the licensee in
any calendar year shall be subject to Condition No. 2 of the
license, the State Water Rights permits granted to the licensee,
and the safe annual yield of Salinas Reservoir; and
WHEREAS, by letter dated 3 November 1976, the licensee
requested an extension of the term for a period of five (5)
years, from 16 December 1983 to 16 December 1988, and the
Government was agreeable thereto; and
�-n'v`
License No. DA-04-353-ENG-1943
Salinas Dam and Reservoir Project
City of San Luis Obispo
WHEREAS, the licensee, by above-cited letter, also requested
a revision of Condition Nos. 2, 31 4, and 4a, and the Government
is agreeable thereto.
NOW, THEREFORE, in consideration of the premises, the parties
hereto do mutually agree that said license is administratively
amended under the care and custody procedures applicable to the
project, in the following particulars:
1. That the termination date be extended for a period of
five (5) years,. from 16 December 1988 to 16 December 1993.
2. That in all other respects the terms and conditions of
said license remain unchanged.
IN WITNESS WHEREOF, I have hereunto set my hand by authority
of the Secretary of the Army this day of
1992.
VIRGIL D. TAYLOR
Chief, Real Estate Division
U.S. Army Engineer District, L.A.
THIS AMENDMENT NO. 4, together with the provisions and
. conditions thereof, is hereby accepted this day of
1992.
CITY OF SAN LUIS OBISPO
• WITNESS: BY:
TITLE:
NAME
ADDRESS
1
Ale
9 Z:HEREAS, on the 9th day of uctoter, 19L1, the L'ivision of :-later Re-
sources, Department of Public 'rlorks, of the State of California, acting
pursuant to the provisions of the ,rater Commission Act of said State,
issued to the United States a permit numbered 5881, which permit author-
izes the United States for its beneficial use to store, divert, and approp-
riate from the unappropriated stater, if any, in the Salinas River at a
d
point south 71 degrees 36 minutes L3 seconds east, 1,197 feet from the
t=
northwest corner of section 8, To-+,mship 30 South, Range 1L East, Mount
O
Diablo Blase Line and Meridian, being within the north--.-est cuarter of the
O
northwest quarter cf Section a, Township 30 South, Ranke 1L East, 'fount
Diablo Ease -Line and ?•feridian, in the County of San Luis Cb_spo, State of
California., twelve and four-tenths (12.L) cubic feet of water per second by
direct diversion, from January lst to December 31st of each year, and to
store forty-five thousand (L5,000) acre-feet of water per annum from about
Nov-'ember 1st to about June -30th, during the rainy season of each year, said
amount of :Nater to be for use by the United States at and in the vicinity
of Camp San Luis Obispo, California, hereinafter called the Carp, and
W4EREAS, on the 9th day of October, 19L1, the Division of '.•tater Re-
sources, Department of Public Works, of the State of California, acting
pursuant to the provisions of the Water Commission Act of said State,
".; . issued to the City of San Luis Obispo, a municipal corporation of the State
of California, a permit numbered 5882, s.`nich permit authorizes the Citr
for its beneficial use to store, divert, and appropriate from the unapprop-
riated water, if any, in the Salinas River an amount of water equal to that
given in permit numbered 5881 granted the United States, and
WHEREAS, pursuant to Permit No. 5881, the United States has con-
structed a .dam and diversion works, including a pipe line, which pipe line
is hereinafter called the. Army Pipe Line, and which dam and diversion works,
including the Army Pipe Line, are hereinafter called the Army Diversion
System, for the purpose of storing, diverting, and transporting said wa-
ter
a-tor to the Camp, and
ICEREAS, the United States, acting by and through the Federal
Works Agency, and pursuant to the Lanham Act as amended (Act of October 14,
1910, Public , No. 849, 76th Congress, as amended) has constructed a pipe
line, hereinafter called the Connecting Pipe. Line, connecting the Army Pipe
Line with the City's Water Distribution System, and pursuant to provisions
of said aforementioned act, the United States through the Federal Works
Agency has authorized the City to use said Connecting Pipe Line for the
purpose of conveying said water to its Water Distribution System, and
WHEREAS, said storage and diversion works are capable of storing
and diverting an amount of water in excess of the needs of said Camp, and
it is in the interest of the United States that said water in excess of the
needs of said Camp be made available for municipal use by the City, and
WHEREAS, the City desires that the United States so operate the said
Army Diversion System as to store said waters in excess of the needs of
said Camp, for diversion and conveyance to the Connecting Pipe Line in such
amountsas the City may require and be entitled to store, divert and con-
vey from the unappropriated water of the Salinas River, pursuant to afore-
mentioned Permit No.. 5882.
NOW, THEREFORE, the City of San Luis Obispo is hereby granted a license,
I
revocable at will by the Secretary of War.- to operate and maintain a connec-
tion to the Army Pipe Line in the location substantially as shown on the map
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attached hereto and made a part hereof.
THIS LICENSE is granted subject to the following provisions and
conditions:
1. Storage and conveyance of water. - The United States will op-
erate the Army Diversion System in such manner within its capacity as to
store, divert and convey to the point of junction of the Connecting Pipe
Line such amount of water as the City may require and be legally entitled
to use under its said Permit No. 5882, provided, however, uiat the right
of the United States under its permit is a prior right, and the right
of the City is to be subordinate thereto, and that the quantity of water
to be stored, diverted and conveyed by the United States to the Connect-
ing Pipe Line is to be only the excess water which the City may require and
be authorized to divert, over and above the quantity necessary for the needs
of the United States, which needs are to be determined solely by the United
States. /
2. Determination of excess water. - The United States does not
undertake fo furnish'nor assume any obligatio mla'ts Over to make available
any water for the use of the- City,, and th City hereby expressly denies any
obligation on the part of the United S�;ates-
so to do;, however, the amount
of excess, if any, for diversion by,.the City will be determined by duly
authorized representatives, of�the United States and the City, such determina-
tion
tion to be made not/eservoir
ater than April 1st of each year during the life of
this licenseeration being given to the amount of water in storage
in the Salinand to the water requirements of the Camp. In case
of .disagreement the findings of the representative of the United States will
be final.
3. Measurement of water diverted. - The City shall furnish d
install at its own expense and at no cost to the United St s a meter at
the point of connection between the Army Pipe Ine a the Connecting Pipe
,,yy
Line suitable for the purpose of mea�r�g ti-e amount of water diverted to
T
' the City Distribution System, the af water diverted to be controlled
and measured solely by a repr ive of the United States. The maximum
o be diverted �H" ity will not exceed two thousand four hundred
amount t diverted�t1.
(2,00) acre-feet�� , y one calendar year. However, in the event that
the City sK vert an amount of water less than the two thousand four
hundr 00) acre-feet in any one calendar year, the amount of the
de 'ciency shall not be carried over as a credit in any ensuing year.
4. Payment. - The City shall pay the United States the City' s
proportionate share of the cost of the operation and maintenance of the
Army Diversion System. The basis of said proportionate share h been com-
puted to be at the rate of three cents ($0.03) per undl 100) cubic feet
or thirteen dollars and six and eight-tenths ce 3 ( 3.068) per acre-foot
for all water diverted through said meter I the duration of this license.
If the amount of water diverted to th F is less than three hundred eighty-
two and six hundred fourteen th � n s (382.614) acre-feet for any cal-
endar year, the City will or before January 30th of the year follow-
ing such additional �sa will make the minimum annual payment for said
calendar year am o five thousand dollars ($5,000.00) regardless of the
amount of wa made available to the City by the United States during the
previous ar or the amount of water accepted, taken, or used by the City
during said year.
5. Period of license. - This license shall be in effect from January
1, 19", for a period of one calendar year, and shall be automatically ren 1
L _p- 7
for successive one-year periods provided that it ha. not in the meantime
been revoked by the Secretary of War or written notice by the City of
intention to terminate is not received by the United States at least
thirty (30) days prior to the expiration of the preceding one-year per-
iod, provided, however, that this license shall not extend in its entirety
over a period longer than forty (40) years.
6. Release from damages. - The City shall hold and save the United
States, its officers, agents, servants, and employees harmless from liability
of any nature or kind for or on account of any claims for any damages which
may be filed or asserted by any person or parties as a result of the storage
of water for, and conveyance and diversion of water to,the City.
7. Officials not to benefit. - No member of or delegate to Congress
or resident commissioner shall be admitted to any part or share of this
31 license or any benefit to arise therefrom,_ but this provision shall not be
INM
construed to extend to this license if made with a corporation for its
general benefit.
8. Covenant against contingent fees. - The City warrants that there
has not been employed any person to solicit or procure this license upon
any agreement for a' commission, percentage, brokerage, or contingent fee.
Breach of this warranty shall give the United States the right to terminate
this license or in its discretion to add to the payments made by the City
the amount of such commission, percentage, brokerage, or contingent fee.
9• Breaches. - The waiver of a breach of any of the provisions of
this licesne shall not be deemed to be a waiver of any other provisions
hereof, or of a subsequent breach of such provision.
10. Disputes. - Except as otherwise specifically provided in this
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M
license, all disputes concerning questions of facts arising under this
license shall be decided by the District Engineer, Los Angeles, California,
subject to written appeal by the City within (3) days to the Secretary of
War or his duly authorized representative, those decision shall be final
and conclusive upon the parties therto.
11. Assignment. - The City shall not assign or transfer any interest
in this licenne without the prior written consent of the United States
as expressed by a duly authorized representative thereof.
IN WITNESS WHEREOF I haveunto set my hand by direction of the Under
Secretary of War this 17th dayof December , 1943.
/s/ MARION RUSHTON
Colonel, J.A.G.D.
1 ' Administrative Officer
1 The above license with all provisions and conditions thereof is
hereby accepted this 17 day of January , 19Ua.
City of San Luis Obispo, California
By /s/ F. C. Kimball
ATTESTED BY:
/s/ J. E. Brown
City Clerk
P
I
License No. DA-OL-353-eng-19L3
(Formerly
--,nd formerly ?•1-L9-OLO-eng-13L8)
A.I0.1DNCkNT NO. 1
W-IEREAS, on the 17th day of December 19L3, the then Secretary of War
granted a license to the City of San Luis Obispo to operate and maintain
a connection to the Arany Pipe Line, one of the facilities of the Army Diver-
sion Systet on the Salinas River, San Luis Obispo County, California;
WHEREAS, under the terms and conditions of a certain Interim Permit
No. WS-10(s) -18L, entered into on 15 July 19L8 between the War Assets Ad-
ministration and the San Luis Obispo County Flood Control and Water Conser-
vation District, the said District has been operating and maintaining said
Army Diversion System, identified in said Interim Permit as the Salinas
Dam and related facilities, and the administration of said license is and
has been by said District;
I-M EREAS, on the effective date hereof said Interim Permit No. WS-10(s) -181
is being terminated and a new lease is being entered into between the Govern-
ment and the said San Luis Obispo County Flood Control and Water Conservation
District whereby the said District will continue to operate said Salinas Dam
and related facilities;
WHEREAS, it has been determined that the maximum amount of water to be
diverted to the City Distribution System from the Army Pipe Line is to be
increased, and that a new basis for the payment of the City's proportionate
share of the costs of use, operation and maintenance of the said Army Diver-
sion System has been computed;
WHEREAS, the parties desire to incorporate a provision to permit a
change of rates to reflect the fluctuation of the costs of operation, repair
and maintenance of said Army Diversion System;
NOW, THEREFORE, the said license is amended in the following particu-
lars, but in no others;
A. Effective 1 May 1952 Conditions No. 3 and No. 4 in said license are
deleted and in lieu thereof new Conditions No. 3 and No. 4 are inserted,
reading as follows:
3. Measurement of water diverted. - The City shall furnish and
install at its own expense and at no cost to the United States a meter at
the point of connection between the Arny Pipe Line and the Connecting Pipe
Line suitable for the purpose of measuring the amount of water diverted to the
City Distribution System, the amount of water diverted to be controlled and
measured solely by a representative of the United States. Subject to the
provisions of Article 2 hereinabove, the maximum amount to be diverted to
the City will not exceed• thrge thousand (3,000) acre-feet in any one calendar
year. however, in the event that the City shall divert an amount of water
less than the three thousand (3,000) acre-feet in any one calendar year, the
��! '/O
C O P Y
amount of the deficiency shall not be carried over as a credit in any en-
suing year.
or its lesee
!i. Payment. The City shall pay the United States/the City' s I1
proportionate share of the cost for operation and maintenance of the Army
water storage, dam and Diversion Facilities plus a 'fixed charge to cover
depreciation, interest and administrative costs on the investment of the
United States in said facilities. The basis of the City' s proportionate
share for the costs hereinabove recited has been ccmnuted to be the sum
of the following costs:
a. For Operation, Repair and Maintenance, per 100 cu.
ft. of water diverted, 2.5627.cents.
b. For Fixed or Capital Charges, 2.6735 cents per 100
cu. ft. of water diverted.
c. For administrative costs, 3% of the total of the com-
bined
om-bined costs for (a) Operation, Repair and Maintenance and (b) Fixed, or
Capital Charges all as shown hereinabove.
B. Effective 1 May 1952 a new Condition is inserted in said license
reading as follows:
La. Change of Rates. - The rates for pumping and transmission
service shall at all times produce a revenue sufficient to cover all applicable
costs for such service as recited in Condition 4. In the event the full
charge for said service does not reflect all such actual applicable costs
then the rates shall be increased or decreased accordingly and the City will
receive and pay for service on the basis of the higher or lower rates. In
recognition of the fact that the rate for recovery of costs for Operation;
Repair and Maintenance will fluctuate up or down with higher or lower costs,
for volumes of water diverted, this element of the total rate shall be re-
viewed at six months intervals. A proper adjustment shall be made, in the
event that said review determines the rate to be in excess of two=tenths
of a cent (.2) per 100 cubic feet either more than or less than the amount
provided in Condition 4 hereof.
IN WITNESS WEREOF I have hereunto set my hand by direction of the Assistant
Secretary of the Army this 29th day of July 1952.
/s/ Sherry B. Myers
SHERRY B. MYERS,
Major, JAGC,
Chief, Legal Br.,
CASA (R&M)
The above Amendment, with all the provisions and conditions thereof,
is hereby accepted this 15th day of Sept. 1952•
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1
CITY Or SAN LUIS OBIS?O
By /s/ Timothy I. O'Reilly
ATTEST:
/s/ J. E. Brctm
City Clerk
' (SEAL)
License DA-Oli-351-eng-19l 3
City of : Luis Obispo
Cann San Luis Obispo, California,
Salinas*Ds:i Project
Ai4EN---NT NO. 2
W'EREAS, on the 17th day of December 19L:3, the then Secretary of %ar
granted a license to the CITY Or SAP? LUIS OBIS?O to operate and maintain a
connection to a pipeline, which pipeline is hereinaf-_er called the Army
Pipe Line, one of the facilities of the Army Diversion on the Salinas River,
San Luis Obispo County, California .
[.7-FREAS, on 29 July 1952, by Amendment No. 1 t:-:e License was amended to
provide, among other things, for the delivery to and payment for the City of
San Luis i Obispo of up to 3,000 acre-feet of water in any one calendar year
from the Army 'ripe Lire leading from Salinas Reservoir;
i .
4R EREAS, the City of San Luis Obispo has experienced and is expected to
continue an increase in population growth and attendant water use, thereby
requiring water from Salinas Reservoir and the Army P=pe Line in excess of
3,000 acre-feet in any one calendar year.
NOW2 TFEERr,FORE, the said license is amended in the following particulars
" but in no others:
Effective 1 November 1961, Condition No. 3 in said license and amendment
thereto is deleted and in lieu thereof, new Condition No. 3 is inserted, read-
ing as follows:
"3. Measurement of water diverted. The City shall furnish and install
at its own expense and at no cost to the United States, a meter at the point
of connection between the Army Pipe line and the Connecting Pipe Line suitable
for the purpose of measuring the amount of water diverted to the City Dis-
tribution System, the amount of water diverted to be controlled and measured
solely by a representative of the United States. The amount of water to be
diverted by the City in any calendar year shall be subject to Condition No.
2 hereinabove, the requirements of the United States For water from Salinas
Reservoir, the State Water Rights permits granted to the City of San Luis
Obispo, and the safe annual yield of Salinas Reservoir.
The representative of the United States referred to hereinabove shall
be, until further notice, the District Engineer, U. S. Army Engineer Dis-
trict, Los Angeles, or his duly authorized representative."
IN WITNESS W.-iEREOF, I have hereunto set my hand this 6th day of
July , 19623 by direction of Assistant Secretary
of the Army
/s/ Don H. Dragoo
DON H. DRAG00
Major, GS
Mil Const and Real
Property, CASA (IBI.)
r •�
'PHIS Pi."NUENT is also executed b the licensee this 28th day of
ry
Fove^ber , 1961..
CITY Or SF.N LUIS OBIS°0
By /s/ Clay P. Davidson
Title Mayor
ATTEST:
/s/ Jean ?itzpatrick
City Clerk
(SEAL)
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J ,
Di:PARDIEENT Or" THE AP'iY
LAS t1:GELS DISTRICT
COi.aS OF E!;-n;EFRS
License No. D A-04-353-E::G-1943
Denrrtnent of the A,-y
z Salinas Dam and F_ crvair Project
9 City of San Lais Cbizoo
San Luis Obispo County, CA
1:0. 3
PrvVID,.S LIR EX=—..SIC.4 -OP lc.M
AND rsVISIOI:S I?: C---DITIOI;S
7MIS A:%'I):M:T, entered into by and bet-eca the SECRETARY OF TrE AaMY,
hercincftcr referra3 to as .t:ie Covcr-.7,-nt, and the CITY Or SIL; L'U'IS 03ISPO,
hereinafter referred to as the Licensee; W MESSETIA:
I
Uprazt.s. cn the 17th day of Da_e^ber 1943, the then Secretary of E.'ar
granted a license to the Licence_ to oae_ate, and maintain a corn_ction to
a pipeline, which ^inalire is hc:nina:ter tailed the A-ny Pipe Line, one of
the facilities of the A.^r_y Diversion System on the Salinas River, San Luis
Obispo County, California; and
WH rZA.S. on 29 July 1Q52, b; "_sa e
. No. . the license seas amended
to provide, aro nb other thin;s. for the delivery to Pnd payaznt fcr the
Licensee of up to 3000 c:re-feet of water in any ore ca?enda= year from the
Army Pipe Line leading from Salinas Reservoir; and
WiiEr,EAS, on 6 July 1962, by A=endment No. 2 the license was revised to
provide that the Licensee shall furaich and iiistall, at its own =.Oerse, a
meter between the limy Pipe Line and the connecting pineline for the purpose
of measuring cater diverted to the Licensee's distribution system, the amount
of t:atcr to be controlled and ticasured solely by a representative of the
United States. The a=ount of Water to be diverted by the Liecr_see in any
calendar year shall be subject to Condition I:o. 2 of the license, the State
Water rd&%ts permits granted to the Licensee and the safe annual yield of
ISalinas H:servoir; and .
WHEREAS, by letter dated 3 Novembar 1976, the Licensee requested an
extension of the tern for a period of five (5) years, from 16 December 1983
to 16 December 1988, cad the Government is agreeable thereto; and
WHEMAS, the Licensee by above-cited letter, also requested a revision
of Conditions Nos. 2, 3, 4 and 4a and the Government is agreeable thereto.
21117-4,.. T=r,EPO'2X, in consideration of the premises, the parties hereto
do mutually agree that the said license is administratively arended under
the care and custody procedures applicable to the project, in the foll=ing
particulars:
I
. I
Liccn:c Vo. DA-0S-353-;1:C-1943
E--andL.ent No. 3
Tliat tho tci=ivatiou date be cxtc .did for a period of five (S)
y;:rs, fro= 15 Decer-b:r 1983 to 1G DeceW'aer 1983.
2. That Condition No.- 2 L•e deleted in its entirety and the following
be inrartcd thereto and cede a part thereof:
112. D=ter,..inatian of E:•:c. can Water, Ilia United States docs
not ur. erte':e to _`,rule. =or assuz_ any ebligatioa whatco^ver to r..ka
availcblo n y i ^tcr for tho use b the Licencca r—=d
Y t... I,:c_.�cc 1:creJy
em-pica any obl ^atioh on the part Of til: G_vcrm'.Cht cc to L:Z;
n;d thnt tie Licc1•ce r..�y rcqucst the San Luis Coic^a Flood C_lntrol and
.:_ion JiCt:_ct, .^.^.1 .._JjCCt Co P:.^."r'iS10::J' Oi t13 ,^._:rC•?:__.Zt
with the Go zrn=:nt, the District shall daliva: ti:= full safe annual
yield or =:a than the full �Jafa c.raual yield in any one year, corsi:.tent
with the Project's capabilities."
3. That Condition i?o. 3 be deleted iu its entirety and the follo:rino
be inserted thereto and r de a part thereof.
"3. Ylnllu_^_.,nt of F::tar divarted. llie City ehall furnish and
install at its -.--n c:�cnsc and et o cost to the United States, a r•:=tcr
�. at the point of connection bett:cen the Army Pipe Lire an:I to ti
e CrJnn_c nr;
Pine Lima suitable er the purpose -` � - ......,; . .. :.::..� o,C
.:.:ter di:°ertcd
to the City Distribution System, the amount of crater diverted to be controlled
and =asured aolcly by a rcDrccentative of the United Statcs. Tho mount of
x7ater to be eiverted by the .City in any calen3.^_r yaar shall be subject to
Condition IIo. 2 hereinabove, the .requirezutnts of the United States for water
frau Salinas Fezcrvoir and the State Hater Zi-�bts perairs_granted to the
;.itX, of San Luis Obispo." --
4:1hat Coeditioas Nod. 4 and 4a ba delated in their entirety and the
following inserted thereto and mada a part thcraof:
14. •Pa inert, Degiraing 1 July 1975, the Liccnree shall pr.y
each fiscal year to Can Luis Obispo County Flood Control and Water Conser-
vatioa Dictr�.et, twelve (12) equal installr�anta Which could total each
fiscal year's total =pproved bud,-,at for the o?oration and caintenance
1
e_-r>=-ase, other operating c.�aenae, non-opernting expenses ezpital outlay
and co:eitted or unca.=ritced reservea. relatin; to deliveryof Projcct
9 eater's
i
' 2
�7-% .
Liccn9e No. DA-04-353-r. -1943
i J_�cr.,'.nant 1:o, 3
5, That in allo.thcr respects tha terr_s and conditior.a of said
Liccn3o rcrsin urchanSed.
IN WIT::°CS WHEREOF, I have hereunto sat my. hand this 17th
csy of l:ovember 1477.
/s/ Douglas E. Glass
DO!'MAS E. CLASS
Chief, Real Estate Civision
U.S. Army Enr.ir.cer District, Los n7cles
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' T11IS ALi.E.i:D:La.i, together with, the provicions and conditions thereof,
3November
j is h=reby accepted this Mrd day of 1977.
� . WIrN S: CITY Or SE`..Y LUIS 0BISP0
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- /s/ J.H. Fitzpatrick, City Clerk By: /s/ Kenneth E. Schwartz
!tel j
P.O. Box 321, San Luis Obispo, . Title: Mayor
(Address) CA 93406
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