HomeMy WebLinkAbout _ 9.11(g)--SRSC Drought Protection Program and Reso GI �" Y C� F
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REPORT TO THE CITY COUNCIL
MEETING DATE: July 15, 2025 FROM: Michael Webb, Public Works
ITEM NO. 9.ll(g) Director
***APPROVED BY***
ie ael � iiEali� oaks L)arector 7;'11242� t�s�a a �, ss � eF 7/7(202�
mwebb@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.11(g)--Consider Resolution and enter into the Sacramento River Settlement
Contractors Drou ht Protection Pro ram.
Recommendation
Authorize the following actions relative to the Sacramento River Settlement Contractors (SRSC)
Corporation Drought Protection Program Agreement(Agreement):
(1) Adopt Resolution authorizing the City of Redding to adopt responsible agency finding
and statement of overriding considerations under the California Environmental Quality
Act (CEQA) for the Agreement and authorize the City of Redding to enter the
Agreement;
(2) Authorize the City Manager, or designee, to execute the Agreement with the SRSC and
receive $2,388,010 in funds;
(3) Authorize the City Manager, or designee, to execute the Indemnity Agreement with
Glenn-Colusa Irrigation District; and
(4) Find that the action is exempt from review under CEQA Guidelines, per Section 15061 —
Common Sense Exemption.
Fiscal Impact
If the City of Redding (City) executes the proposed Corporation Drought Protection Program
(DPP) Agreement (Agreement), the City's Water Utility will receive approximately $2.24
million, plus any subsequent funds accrued from interest or remaining DPP funds. These funds
will be allocated to drought-resiliency projects to address potential surface water loss and
improve the resilience of the City's water system and long-term water delivery capabilities.
Alternative Action
The City Council may choose to decline the execution of this agreement and provide alternative
direction to staf�
Background/Analysis
Report to Redding City Council July 8, 2025
Re: 9.11(g)--SRSC Drought Protection Program and Reso Page 2
In January 2025, after several years of negotiating with the United States :Bureau of Reclamation.
(Reclamation), the Sacramento River Settlement Contractor (SRSC), of which the City's Water
Utility is a member, executed the 20-year DPP Agreement with Reclamation. The DPP is a water
reduction and infrastructure improvement agreement that implements a voluntary water
conservation and water acquisition program over the next two decades in response to drought
conditions at Shasta Lake. Among other items, the SRSC agreed to further reduce allocations by
an additional 25 percent of contract totals under specified severe drought conditions in exchange
for compensation. Previously the maximum contract reduction was 25 percent in "Shasta
Critical" drought years, and, under the DPP the new maximum contract reduction will be 50
percent in "Shasta Critical" drought years. Shasta Critical occurs when Shasta Lake levels are
low, limiting the amount of water supply for use downstream. A majority (over 50 percent) of
the compensation must be used for water supply reliability projects, and other contractual and
operational commitments.
The DPP is needed to avoid repeating the devastating effects of 2022 when the Settlement
Contractors received an 18 percent water supply from Reclamation. This resulted in 370,000
acres of farm land fallowed in the Sacramento Valley and little water for communities, fish and
wildlife. The DPP provides improved certainty for water deliveries for all these purposes in
future droughts, as we11 as funding for improving water supply infrastructure to help water
management in all year types.
Settlement Contractors that do not execute the DPP will not be eligible for funding opportunities
under the DPP and may be subject to greater water supply reductions and impacts. Staff strongly
believes the DPP to be the most effective and least impactful path forward through the updated
Long-Term Operations of the Central Va11ey Project.
Consequently, the City must execute the proposed agreement with the SRSC in order to obtain
the DPP funding. Funding amounts are based on the proportionate share of each agency's water
allocation from its SRSC Contracts.
The agreements have been approved as to form by the City Attorney.
Environmental Review
California Environmental Quality Act (CEQA) compliance was a prerequisite to successful
completion of the DPP Agreement and the SRSC signatories' receipt of benefits thereunder, and
Glen Colusa Irrigation District served as lead agency provided a benefit to all SRSC signatories
to the DPP Agreement.
Staff has determined that the action is exempt from review under the CEQA Guidelines, per
Section 15061 — Common Sense Exemption. CEQA applies only to projects which have the
potential for causing a significant effect on the environment. Execution of the agreement would
not provide approval for any project or environmental disturbance activity. The agreement would
only allow the transfer of DPP funding to the City's Water Utility. The action has been reviewed
and it can be seen with certainty that there is no possibility that the action may have a significant
effect on the environment; therefore, the activity is not subject to further review under CEQA.
Any�uture project funded by this action will undergo a stand-alone environmental review.
Council Priorities/City Manager Goals
Report to Redding City Council July 8, 2025
Re: 9.11(g)--SRSC Drought Protection Program and Reso Page 3
� Government of the 21st Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
Attachments
^Resolution
^DPP Memo and Indemnity Agreement
^Mitigation Monitoring & Reporting Program
Executed DPPA USBR_SRSC
DPP Outline
DPP FAQ
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
(1) ADOPTING RESPONSIBLE AGENCY FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS UNDER CEQA FOR THE DROUGHT
PROTECTION AGREEMENT; (2) APPROVING AND AUTHORIZING THE CITY OF
REDDING TO ENTER THE DROUGHT PROTECTION AGREEMENT
WHEREAS, the Drought Protection Program Agreement ("proposed project" or
"Agreement") is an agreement between the Sacramento River Settlement Contractors Nonprofit
Mutual Benefit Corporation, individual Sacramento River Settlement Contractors(SRSC), and the
U.S. Bureau of Reclamation(Reclamation)to forego a larger percentage of their contracted supply
in specified drought years. In addition, the SRSC would receive funding from Reclamation to
engage in drought-resiliency projects to address potential water Zoss and improve the resilience of
the SRSC's water system and long-term water delivery capabilities; and
WHEREAS, the Glenn-Colusa Irrigation District (GCID), as the lead agency under the
California Environmental Quality Act (CEQA) prepared an Environmental Impact Report (EIR)
for the Project; and
WHEREAS, on December 30, 2024, GCID certified the final EIR for the Project, adopted
findings of fact and a statement of overriding considerations for approval of the Project, and
approved the Project; and
WHEREAS, the City of Redding (City) holds a Sacramento River Settlement Contract
and has proposed to approve and enter the Agreement and is therefore a responsible agency under
CEQA with discretionary approval authority over its obligations under the Agreement; and
WHEREAS, the City, as a responsible agency, must take feasible measures to avoid or
mitigate the direct or indirect environmental effects of those parts of the project which it decides
to carry out, finance, or approve (CEQA Guidelines, Section 15096(g)(1)); and
WHEREAS, the City, as a responsible agency, must also make findings and adopt
overriding considerations for environmental impacts that will result from the parts of the project
that it approves (CEQA Guidelines, Section 15096(h)).
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The recitals stated above are true, correct, and are adopted herein.
2. The City Council approves the Drought Protection Water Program
Agreement between the Sacramento River Settlement Contractors
Nonprofit Mutual Benefit Corporation, individual Sacramento River
Settlement Contractors, and the U.S. Bureau of Reclamation.
3. The City Manager or his designee is authorized to enter into the Drought
Protection Program Agreement and any related documents on behalf of the
City.
4. The City, as a responsible agency under CEQA, has reviewed and
considered the EIR and has reached its own independent decision to
approve the Drought Protection Water Program Agreement.
5. The City adopts all mitigation measures identified in the EIR with respect
to its obligations under the Agreement.
6. The City finds that there are no additional feasible alternatives or feasible
mitigation measures within its powers that would substantially lessen or
avoid any significant effect the project would have on the environment.
7. The City adopts the Responsible Agency Findings of Fact and Statement
of Overriding Considerations for the Drought Protection Program
Agreement, and the Mitigation Monitoring and Reporting Program.
I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting
of the City Council of the City of Redding on the 15th day of July, 2025, and was d�uly
adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
JACK MUNNS, Mayor
ATTEST: FORM APPROVED:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney
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To: SRSC Contractor
From: Thaddeus Bettner
Date: February 6, 2025
Subject: DPP Participating Contractor Instructions
Reference is made to that certain Agreement Between the United States Bureau of
Reclamation, the Sacramento River Settlement Contractors (SRSC), a California
Nonprofit Mutual Benefit Corporation, and Individual Sacramento River
Settlement Contractors for the Establishment of a Drought Protection Program
("DPP Agreement"), dated January 10, 2025 (Contract No. 25-WC-20-6345). The
DPP Agreement is linked here (Si�ned DPPA USBR SRSC.�ad�.
In furtherance of the SRSC's coordination role under the DPP, the SRSC requires
that any Sacramento River Settlement Contractor (Contractor) that signs the DPP
Agreement provides the information described in this memo. All information
should be completed before returning to the SRSC. Please check each box when
completed.
Contractor Information
❑Contractor Name:
❑Contractor Signatory (Print):
❑ Contact Information
o Name (if different than Contractor Name):
o Phone number:
o Email address:
o Member of the SRSC: YES /NO (circle one)
❑ Contract #:
❑ Total Contract Amount (AF):
❑ Exhibit "A" Payment Amount**:
(**Note Per SRSC Resolution 2025-02, any accrued interest will be paid to
Contractor after a final reconciliation on or about July 31, 2025. Exhibit A may
be amended by the SRSC in accordance with the DPP Agreement.)
Pavment Information —Please see attached form letter for providing banking
information.
❑ Completed Banking Instructions Form AND
❑ A valid and signed IRS Form W-9 is attached
Infrastructure Information
Per the DPP Agreement, the majority of the funding provided for the program
must be spent on "drought resiliency projects" (defined on page 6, starting with
line 120 of the DPP Agreement). The majority requirement may be accounted for
by all participants collectively and/or by each contractor individually. The SRSC is
gathering information from all participating contractors and will develop a
database to track the meeting of this requirement. Therefore, please provide the
following information and additional follow-up will occur as needed.
❑ Did you complete any infrastructure improvements since August 16, 2022
that would be considered "drought resiliency projects"?
❑ YES ❑ NO (check one)
o If YES, briefly describe:
o If YES, do you have records/documentation of cost?
❑ YES ❑ NO (check one)
❑ Do you have any plans for future infrastructure improvements that would
be considered "drought resiliency projects"?
❑ YES ❑ NO (check one)
o If YES, briefly describe:
❑ Do you have near term plans for infrastructure improvements in 2025-26?
❑ YES ❑ NO (check one)
o If YES, briefly describe:
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Environmental Com�liance
Future projects undertaken pursuant to this DPP Agreement and the funding
provided must comply with all applicable state and federal requirements. The
SRSC may assist each contractor with compliance, but each contractor assumes its
own responsibility. Contractor acknowledges and agrees to the following:
❑ Contractor has reviewed and understands the attached Mitigation
Measures Summary (check box)
❑ Contractor has reviewed and understands requirements contained in the
Environmental Impact Report (EIR) (link here SRSC-FinaI-EIR.�adf� adopted
by Glenn-Colusa Irrigation District (GCID), the Bureau of Reclamation
Finding of No Significant Impact (FONSI) (link here Findin of Na
Signzficant Impact.�df.pdf�, and the Fish and Wildlife Service Biological
Opinion (link here FWS DPPA BiOp.pdf) (check box)
❑ Contractor has reviewed the attached request from GCID regarding
indemnification agreements and has responded to GCID. (check box)
After receipt of this information, the SRSC will prepare a signature page pursuant
to the Contractor and signatory and arrange for signature with Contractor. The
Agreement must be signed by Contractor before funds can be distributed.
The undersigned warrants and represents that it has executed the DPP
Agreement on behalf of the Contractor and that the information provided herein
is true and correct.
City of Redding
By:
Name:
Its:
Please email complete package of information to �b�t�n��C� a���°���1� �en�� and
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Sacramento River Settlement Contractors
A nonprofit mutual benefit corporation
c/o Thaddeus L Bettner, P.E.
Executive Director
PO Box 150
Willows, CA 95988
Email: �l���tn��°C�? �����c�l�� on��; illi� s(� lak�n��z����°so��
RE: DPP Participating Contractor Payment Instructions
Dear Mr. Bettner,
Reference is made to that certain Agreement Between the United States Bureau of
Reclamation, the Sacramento River Settlement Contractors, a California Nonprofit
Mutual Benefit Corporation, and Individual Sacramento River Settlement
Contractors for the Establishment of a Drought Protection Program ("DPP
Agreement"), dated January 10, 2025 (Contract No. 25-WC-20-6345). The
undersigned Sacramento River Settlement Contractor ("Contractor") will execute
and deliver a counterpart copy of the DPP Agreement to the Sacramento River
Settlement Contractors, a California nonprofit mutual benefit corporation
("Corporation") together with submission of these instructions.
Pursuant to Article 11(c), Contractor hereby elects to receive any payments
pursuant to the DPP Agreement via:
• Wire Transfer - Contractor must attach wire transfer instructions from the
receiving financial institution
• Automated Clearing House (ACH or direct deposit) — Contractor must attach
ACH instructions from the receiving financial institution or a copy of a
cancelled check
• Paper check received via USPS —will be addressed per the attached W-9
The Contractor acknowledges and agrees that a signed Internal Revenue Service
("IRS") Form W-9 is required for the Corporation to disburse funds from the DPP
Agreement to the Contractor, and as such, the Contractor has enclosed a valid and
signed IRS Form W-9.
Banking Instructions Form
The Contractor swears, under the penalty of perjury, that the enclosed banking
and wire instructions and IRS Form W-9 are true and correct. The Contractor
agrees that the Corporation may, in its sole discretion, independently verify the
accuracy and validity of the Contractor's identity and banking and wire
instructions. The Contractor further agrees that receipt of payment from the
Corporation in the amount provided for in the DPP Agreement through the
means above satisfies the Corporation's obligations to the Contractor in the DPP
Agreement, however, in addition, the Contractor will receive an additional
payment for any accrued interest from the date the Corporation received
payment from Reclamation to the date that funds are distributed to Contractor.
Said interest payment shall occur on or after July 31, 2025 following a final
reconciliation by the Corporation.
These instructions are also attached to the February 6, 2025, SRSC DPP
Participating Contractor Instructions Memorandum. This DPP Participating
Contractor Banking Instruction is executed by the undersigned as of the date set
forth above.
City of Redding
By:
Name:
Its:
Banking Instructions Form
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Introduction
Each Sacramento River Settlement Contractor (Contractor) is responsible for following the Mitigation
Monitoring and Reporting Program (MMRP) as part of the Drought Protection Program Agreement.
These measures help reduce environmental impacts and ensure compliance with state and federal
laws. The full MMRP document is available on the State Clearinghouse (SCH) website under SCH
Number 2024050834 or at this link: htt�s;�t/fil�s,sec��r��t,opr,ca. cav�3QQ312-
3/afit�ehr�entf91QNS7Ysxv�rvscr�lasl2��PrsC)z01[� �Pi�rqa�sl�Jflnj(�iSapFKwlqvE3XYan�YvvblV r�C2�61pM6a
��JfV�aPQ. This summary outlines the main themes of the mitigation measures.
Key Mitigation Topics
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• Reduce Dust:Water down construction sites, cover loose materials, and set speed limits on
dirt roads.
• Limit Equipment Idling: Keep engine idling to a minimum (2-minute limit).
• Prevent Water Contamination: Use best practices to keep chemicals, fuel spills, and
sediments out of irrigation canals and drainage ditches.
• Control Erosion: Use sandbags, cover exposed soil, and follow stormwater pollution rules.
• Follow Well Regulations: Follow Groundwater Sustainability Plans and the Sustainable
Groundwater Management Act for any new well construction and for wel) operations
associated with the Drought Protection Program Agreement.
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• Avoid Sensitive Areas: Keep projects away from forests, wetlands, and protected habitats.
• Protect Wildlife: Before starting work, conduct surveys for potentially present special status
species (like giant garter snake [GGS]), use wildlife-safe fencing, avoid nighttime construction
when possible, and implement measures to reduce noise and light pollution near sensitive
habitats.
• Protect Nests: Check for nesting birds before construction and create buffer zones if needed.
• Maintain Water for Wildlife: In certain more important GGS habitat areas, keep water levels
in canals at least 2 feet deep for wildlife, where possible.
• Manage Vegetation: Minimize clearing of native plants and replant disturbed areas to
restore habitat.
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• Implement Discing Practices: Only disc croplands when vegetation is short to reduce soil
loss and protect habitat.
• Avoid Erosion-Prone Areas: Keep projects away from unstable soils and steep slopes unless
a professional approves.
• Use Safe Land Areas: Do not build on active cleanup sites or mineral-rich zones.
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• Check for Artifacts: Before digging, check if the area has historical or Tribal artifacts.
• Stop Work if Found: If any artifacts or human remains are discovered, stop work and notify
the proper authorities.
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• Inform Neighbors: Let nearby residents know about loud construction work in advance.
• Limit Noise Impacts: Keep equipment well maintained and avoid working near historic
buildings.
• Use Safe Equipment Practices: Follow all safety guidelines when using heavy machinery.
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• Check for Utility Lines: Before digging, check for underground utilities and notify utility
companies. Conduct utility surveys as needed.
Your Responsibility
Each Contractor must:
• Follow all mitigation measures described in the MMRP and ensure that any contractors hired
for projects also comply with the MMRP.
• Keep records of compliance and report them to the SRSC Corporation (ATT:Thad Bettner,
tbettn�r wa��ree�lc� enet) and Glenn-Colusa Irrigation District (ATT:Jeff Sutton,
is�attcan@ �id.r��t).
Cover pocument for GCID-Individual SRSC Indemnification Agreements
Recently, the SRS Contractors executed the 20-year Drought Protection Program(DPP) Agreement with
Reclamation, under which they agreed to reduce diversions up to an additional 25% of Contract Totals under
specified severe drought conditions in exchange for compensation, of which a majority (over 50%) must be
used for water supply reliability projects, and other contractual and operational commitments.
On December 30, 2024, GCID, as lead agency under the California Environmental Quality Act (CEQA),
certified the Final Environinental Impact Report (the "DPP Final EIR") for the DPP Agreement, adopted
Findings of Fact and a Statement of Overriding Considerations, adopted the required Mitigation Monitoring and
Reporting Program ("MMRP"), and approved the DPP Agreement. Thereafter, SRS Contractors that are public
agencies similarly considered the DPP Final EIR, adopted findings, the MMRP, and approved the DPP
Agreement as responsible agencies under CEQA.
CEQA compliance was a prerequisite to successful completion of the DPP Agreement and the SRS
Contractor signatories' receipt of benefits thereunder, and GCID's serving as lead agency provided a benefit to
all SRS Contractor signatories to the DPP Agreement.
Under the DPP Agreement, the parties acknowledge that the SRSC Corporation will coordinate
activities among its members and other Sacramento River settlement contractors and distribute funding under
the DPP Agreement to the SRS Contractor signatories.
On January 23, 2025, the SRSC Corporation Board approved the execution of an agreement with GCID
that provides for the indemnification and defense of GCID from any litigation related to GCID's certification of
the DPP Final EIR, and confirms that the Corporation will pay the costs and expenses of the MMRP
requirements that are not specifically applicable to GCID or the other SRS Contractor signatories. That
agreement, however, does not provide any indemnification for actions specifically taken by SRS Contractor
signatories under the DPP Agreement.
Under Article 7(d) of the DPP Agreement, the individual SRS Contractor signatories agreed to comply
with any mitigation, monitoring and reporting requirements contained in the DPP Final EIR that are applicable
to the SRS Contractor and associated with the Contractor's performance under the DPP Agreement. Similarly,
SRS Contractors that are public agencies separately agreed to implement the MMRP pursuant to their individual
CEQA actions taken as responsible agencies.
Despite these commitments, if an individual SRS Contractor signatory is subseguently challenged by
third parties regarding their performance of their specific obligations under the DPP Agreement and the DPP
Final EIR, including any actions or projects undertaken thereto, it is possible that GCID could be named as a
defendant or otherwise implicated in any such challenge due to GCID's position as the CEQA lead agency for
the DPP Agreement.
Accordingly, GCID, with the SRSC Corporation Board's support, and in consideration of GCID acting
as the CEQA lead agency for the benefit of all the SRS Contractors, is seeking the individual SRS Contractor
signatories' approval and execution of the attached indemnification agreement. For SRS Contractors that are
not public agencies, these agreements will provide independent r�sponsibility for your own actions/inactions in
regard to the duties required by your exeeution of the DPP, and specifically providing that GCID will not be
held legally responsible for your actions/inactions during the term of the DPP Agreement. For SRS Contractors
that are public agencies, the indemnity agreement has additional terms to reflect the unique roles of lead and
responsible agencies under CEQA and provide for reciprocal commitments to indemnify during the term of the
DPP Agreement.
AGREEMENT REGARDING INDEMNITY FOR DROUGHT
PROTECTION PROGRAM
WHEREAS, the Glenn-Colusa Irrigation District ("GCID") and City of Redding ("Contractor")
each have executed the AGREEMENT BETWEEN THE UNITED STATES BUREAU OF
RECLAMATION, THE SACRAMENTO RIVER SETTLEMENT CON�TRACTORS, A
CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION, AND 1NDIVIDUAL
SACRAMENTO RIVER SETTLEMENT CONTRACTORS FOR THE ESTABLISHMENT
OF A DROUGHT PROTECTION PROGRAM, (the "DPP Agreement") dated January 10,
2025;
WHEREAS, on December 30, 2024, Glenn-Col�usa Irrigation District, as lead agency
under the California Environmental Quality Act(CEQA), certified the Final Environmental
Impact Report (the "DPP Final EIR") for the Drought Protection Program Agreement Between
the Sacramento River Settlement Contractors Nonprofit Mutual Benefit Corporation (SRSC
Corporation), Individual Sacramento River Settlement Contractors, and the U.S. Bureau of
Reclamation (SCH Number 2024050834), adopted Findings of Fact and a Statement of
Overriding Considerations, adopted a Mitigation Monitoring and Reporting Program (MMRP),
and approved the DPP Agreement;
WHEREAS, Contractor, as a responsible agency under CEQA, certified the DPP Final
EIR, adopted Findings of Fact and a Statement of Overriding Considerations, adopted a MMRP,
and approved the Project and authorized execution of the DPP Agreement;
WHEREAS, CEQA compliance was a prerequisite to successful completion of the DPP
Agreement and GCID's and Contractor's receipt of benefits thereunder.
THEREFORE, GCID and Contractor agree as follows:
l. Mut�ual Commitment to Enforce MMRP. In furtherance of its obligations under Article
7(d) of the DPP Agreement:
a. Contractor agrees to comply with any mitigation,monitoring and reporting
reguirements contained in the DPP Final EIR, as certified by GCID, that are
applicable to the Contractor and associated with the Contractor's water reductions
described in Articles 3 and 4 thereto, and the Contractor's Drought Resiliency
Projects described in Article 7(a)(ii) thereto; and
b. GCID agrees to comply with any mitigation, monitoring and reporting
requirements contained in the DPP Final EIR, as certified by GCID, that are
applicable to GCID and assoeiated with GCID's water reduetions described in
Articles 3 and 4 thereto, and GCID's Drought Resiliency Projects described in
Article 7(a)(ii) thereto.
1.
2. MutualIndemnity.
a. By Contractor: Contractor will fully indemnify, defend and hold harmless GCID
and its Directors, agents, employees, and contractors, from any and all losses,
damages, liabilities, clai�ns, demands, and expenses, including attorney's fees,
arising out of or related to GCID's role as lead agency for the DPP Final EIR and
resulting from any actions taken or projects implemented by the Contractor under
the DPP Agreement, including, Contractor's obligations with respect to applicable
mitigation measures adopted as part of the DPP Final EIR certification and DPP
Agreement approval, and the Contractor agrees it will be solely responsible for all
costs, claims (including a claim for specific performance), damages, expenses,
judgments,regulatory requirements, fines, or other financial obligations arising
from the Contractor's actions, or inaction(as it may apply to Contractor's
obligations to comply with mitigation measures specifically applicable to
Contractor) and Contractor's projects undertaken pursuant to the DPP Agreement.
GCID may retain its own legal counsel in any such action, with all of GCID's
litigation costs including any attorney's fees and expert witness fees reimbursed
by the Contractor. GCID and its counsel shall report and consult with the
Contractor regarding the defense of any such action. GCID shall not enter into
any settlement or other voluntary resolution of any such action without approval
of the Contractor, such approval not to be unreasonably withheld.
b. By GCID: GCID will fully indemnify, defend and hold harmless Contractor and
its Directors, agents, employees, and contractors, from any and all losses,
damages, liabilities, claims, demands, and expenses, including attorney's fees,
arising out of or related to Contractor's role as responsible agency for the DPP
Fina1 EIR and resulting from any actions taken or projects implemented by GCID
under the DPP Agreement, including, GCID's obligations with respect to
applicable mitigation measures adopted as part of the DPP Fina1 EIR certification
and DPP Agreement approval that are not otherwise reguired to be performed by
the SRSC Corporation pursuant to the "Agreement Regarding CEQA Indemnity
For Drought Protection Program" executed by GCID and the SRSC Corporation,
and GCID agrees it wi11 be solely responsible for all costs, claims (including a
claim for specific performance), damages, expenses,judgments,regulatory
requirements, fines, or other financial obligations arising from GCID's actions, or
inaction (as it may apply to GCID's obligations to comply with mitigation
measures specifically applicable to GCID) and GCID's projects undertaken
pursuant to the DPP Agreement. Contractor may retain its own legal counsel in
any such action, with all of Contractor's litigation costs including any attorney's
fees and expert witness fees reimbursed by GCID. Contractor and its counsel
shall report and consult with GCTD regarding the defense of any such action.
Contractor shall not enter into any settlement or other voluntary resolution of any
such action without approval of the GCID, such approval not to be unreasonably
withheld.
2
3. Further CEQA Actions.
a. The Contractor agrees that GCID will have no responsibility, financial obligation,
or other duties regarding any further CEQA compliance or documentation for
DPP Agreement actions taken by the Contractor, beyond the obligations identified
in the DPP Final EIR's MMRP specific to GCID. Any required supplemental
CEQA documentation for such Contractor actions is the responsibility of the
Contractor and any responsible agencies considering discretionary approvals for
Contractor's related actions taken under the DPP Agreement.
b. GCID agrees that Contractor wi11 have no responsibility, financial obligation, or
other duties regarding any further CEQA compliance or documentation for DPP
Agreement actions taken by GCID,beyond the obligations identified in the DPP
Final EIR's MMRP specific to Contractor. Any required supplemental CEQA
documentation for such GCID actions is the responsibility of GCID and any
responsible agencies considering discretionary approvals for GCID's related
actions taken under the DPP Agreement.
4. Any person executing this Agreement on behalf of any party hereby personally represents
and warrants to the other parties that he/she/they has the authority to execute this
Agreement on behalf of, and to fully bind, such party.
5. This Agreement will terminate upon the earlier o£ (1) completion of the anticipated 20-
year term of the DPP Agreement; (2) early termination of the DPP Agreement; or (3) any
action resulting in the decertification, in whole or in part, of the DPP Final EIR, but only,
if applicable, after the exhaustion of any appeals of any such decertification.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as set forth above.
GLENN-COLUSA IRRIGATION CITY OF REDDING
DISTRICT
By: By:
Name: Name:
Its: Its:
Date: Date:
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Deeemb�r 2024 �f�
State �learinghouse Numb�re 2024Q50�3�
ro�ghfi Pr�t�cti�� Progr�rr� Agr�em�r�� �tv�re�n th� Sacra�e►�t� Riv�� S�ttlerr�en�
C�r�tr�c�te�rs Nor�pr�afit M�tual ��r��fit �carpcaratian, Individual S�crarn�nta Ri�rer
Setfil�m�nfi Cc�r�fir��fiors, �nd th� tJ,S, �ure�� �f Re�l�r�atie�n Presject
Prepared fr�r the �lenn-Colusa Irrigati�n �istrict
December 2024
State Clearinghouse Number: 2024050834
rau ht Prot�ctican Prograrn �, r��rr��r�t etw�er� the Sacr�r�er�t� Riv�r S�ttlerr��nt
�c�ntr�ct�rs c�npr�fit utu�l �enefit Cc�rpc�r�tion, Ir�dividual Sacrarn�r�to River
Settler��n� Csantr��fic�rs, a�d the �1.Se �r��u af ���lamation Prc�j��t
Prepared for Prepared by
Glenn-Colusa Irrigation District Anchor QEA
P.O. Box 150 33 New Montgomery Street, Suite 1210
Willows, California 95988 San Francisco, California 94105
1 I ntrod u ct i o n..................................................................................................................................1
2 Monitoring Program .................................................................................................................2
Table 1 Mitigation and Monitoring Program.............................................................................................3
Mitigation Monitoring and Reporting Program i December 2024
BMP best management practice
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CESA California Endangered Species Act
CHRIS California Historical Resources Information System
CNDDB California Natural Diversity Database
CNPS California Native Plant Society
EIR Environmental Impact Report
ESA Endangered Species Act
FEIR Final Environmental Impact Report
GCID Glenn-Colusa Irrigation District
GGS giant garter snake
GSP Groundwater Sustainability Plan
NCP Habitat Conservation Plan
IDP Inadvertent Discovery Plan
MMRP Mitigation and Monitoring Reporting Program
mph mile per hour
MRZ mineral resource zone
NPDES National Pollutant Discharge Elimination System
OHP Office of Historic Preservation
Reclamation U.S. Bureau of Reclamation
RWQCB Regional Water Quality Control Board
SGMA Sustainable Groundwater Management Act
SRSC Sacramento River Settlement Contractors
SRSCNC Sacramento River Settlement Contractors Nonprofit Mutual Benefit
Corporation
SWPPP Stormwater Pollution Prevention Plan
USACE U.S.Army Corps of Engineers
USFWS U.S. Fish and Wildlife Service
USGS U.S. Geological Survey
Mitigation Monitoring and Reporting Program ii December 2024
I
On December 30, 2024, the Glenn-Colusa Irrigation District (GCID), in compliance with the California
Environmental Quality Act (CEQA; California Public Resources Code, Division 13, Section 21000 et
seq.) and CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.) certified a Final
Environmental Impact Report (FEIR) to support the approval of the Drought Protection Program
Agreement' (project or Agreement) between the Sacramento River Settlement Contractors Nonprofit
Mutual Benefit Corporation (SRSCNC), individual Sacramento River Settlement Contractors (SRSC),
and the U.S. Bureau of Reclamation (Reclamation). Under the project, the SRSCNC and individual
members of the SRSC will enter into an Agreement with Reclamation to forego a larger percentage
of their contract supply in specified drought years under two phases. In addition, the SRSC will
engage in drought-resiliency projects to address potential water loss and strengthen the resilience of
the SRSC's water system and long-term water delivery capabilities. The project would occur within
the SRSC service areas in eight counties: Shasta, Tehama, Glenn, Butte, Sutter, Colusa, Yolo, and
Sacramento.
CEQA (PRC Section 21081.6) requires a Lead or Responsible Agency to adopt a Mitigation
Monitoring and Reporting Program (MMRP) when approving or carrying out a project. The purpose
of this program is to ensure that when an environmental document, either an Environmental Impact
Report (EIR) or a negative declaration, identifies measures to reduce potential adverse environmental
impacts to less-than-significant levels, that those measures are implemented as detailed in the
environmental document. As lead agency for the EIR, GCID is responsible for implementation of this
MMRP.
The EIR prepared for the project addresses the potential environmental impacts and, where
appropriate, recommends measures to mitigate these impacts. As such, this MMRP is required to
ensure that adopted mitigation measures are successfully implemented and a monitoring strategy
was prepared for each mitigation measure. Once GCID adopts the MMRP, the individual SRSC
members signing the Agreement would be required to comply with these mitigation measures as
enforceable conditions of the Agreement. Individual SRSC members must document their
compliance with all applicable mitigation measures and provide proof of compliance to the SRSCNC,
which shall maintain a record of compliance that is available for inspection and verification by GCID.
Therefore, in accordance with the aforementioned requirements, this document lists each mitigation
measure, describes the methods for implementation, and identifies the responsible party or parties.
' Prior to its approval,the Drought Protection Program Agreement was previously known as the Water Reduction Program
Agreement.
Mitigation Monitoring and Reporting Program 1 December 2024
i i
This MMRP was prepared and is accompanied by the associated reporting forms used to verify
compliance with individual mitigation measures.This MMRP identifies each mitigation measure by
discipline, the entity or organization responsible for implementation, and the monitoring phase
required for each measure. Certain inspections and reports may require preparation by qualified
individuals; these are specified as needed.
Mitigation Monitoring and Reporting Program 2 December 2024
Table 1
Mitigation and Monitoring Program
Mitigation Mea�ures
Measure Re�pnnsible Party and Implementation Timing and Monitoring i
MM-AGR-1:Site Drought-Resiliency Projects Outside of Forest The SRSC member implementing the drought- During planning for drought-
Lands.Drought-resiliency projects will not be sited in forest lands. resiliency project shall review all proposed resiliency projects.
drought-resiliency project locations to ensure that
none are sited in forest lands.
MM-AIR-1:Construction Truck Idling Requirements. During This measure shall be incorporated into any Prior to commencement of and
construction of drought resiliency projects, SRSC contractors will applicable construction contracts initiated by an during all drought-resiliency
require construction contractors to minimize heavy-duty individual SRSC for a drought-resiliency project. project construction events.
construction equipment idling time to 2 minutes where feasible.
Currently,the In-Use Off-Road Diesel Vehicle Rule restricts
construction equipment idling to 5 minutes.This measure would
further reduce the time allowance for idling to 2 minutes to reduce
emissions. Exceptions include equipment that needs to idle to
perform work,vehicles being serviced,or vehicles in a queue waiting
for work consistent with the In-Use Off-Road Diesel Vehicle Rule.
MM-AIR-2:Dust Reduction Measures. This measure shall be incorporated into any Prior to commencement of
. During drought-resiliency project construction in non- applicable construction contracts initiated by an drought-resiliency project
Agreement Years,the following dust control measures will be individual SRSC for a drought-resiliency project. construction in non-Agreement
implemented as applicable to the drought-resiliency project: Years and during all Agreement
- Active construction areas will be watered at least twice daily. Years,as specified in the
- Haul trucks will maintain at least two feet of freeboard. measure.
- Trucks hauling soil,sand,and other loose materials will be
covered.
- Non-toxic binders(e.g., latex acrylic copolymer)will be
applied to exposed areas after cut-and-fill operations and
hydroseed area.
- Inactive storage piles will be covered.
• During Agreement Years, a 20-mph speed limit for vehicles
driving on unpaved roads or farmland devoid of crops will be
established and enforced.Speed limits will be posted and
workers will be notified in writing of restrictions. In addition,the
Mitigation Monitoring and Reporting Program 3 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
_.____�:_ __. __ww _____._.�____._ _w__ ____e:_._____d ._____..m _.__._�._ __.__.w,___ . _� _._.__ .__�: ._� _.__ww___ �.___w __.�_..:,�____ ___�._______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
following measures will be implemented as applicable to the
drought-resiliency project:
- Haul trucks will maintain at least 2 feet of freeboard.
- Trucks hauling soii,sand,and other loose materials will be
covered.
- Non-toxic binders(e.g., latex acrylic copolymer)wiil be
applied to exposed areas after cut-and-fill operations and
hydroseed area.
- Inactive storage piles will be covered.
MM-BIO-1:Conduct Desktop Special Status Wildlife Species, If a drought-resiliency project involves grading, During planning for and prior to
Plant Species,and Aquatic Resources Evaluation for Drought- vegetation removal,or other form of construction construction of drought-
Resiliency Projects. Prior to implementing a drought-resiliency in irrigation and drainage canals or upland areas resiliency projects.
project that involves grading,vegetation removal,or other form of outside of established agricuitural croplands with
construction in irrigation and drainage canals or upland areas a history of discing, planting,and maintenance,
outside of established agricultural croplands with a history of the SRSC implementing the project shall complete
discing, planting,and maintenance,a qualified biologist will conduct a desktop special status wildlife species, plant
a desktop evaluation of the site using digital web-based aerial species,and aquatic resources evaluation.
photography.The purpose of the desktop evaluation will be to
determine the potential for special status wildlife and plant species
habitat or aquatic resources subject to regulation by the USACE,
RWQCB,or CDFW to occur on site.A qualified biologist wiil also
perform a review of the USFWS Information for Planning and
Consultation,CNDDB, CNPS,and Calflora databases to identify
known records or potential for special status plant or wildlife species
to occur in the project vicinity. If through this assessment,the
biologist determines that potential habitat for special status wildlife
or plants orjurisdictional aquatic resources exist,then site-specific
survey(s)wili be conducted per MM-BIO-2, MM-BIO-3, MM-BIO-4,
MM-BIO-S,and MM-BIO-6,as applicable.
MM-BIO-2:Conduct Special Status Plant Species Surveys and if a drought-resiliency project site contains During planning for,prior to
Avoidance for Drought-Resiliency Projects. If the drought- suitable habitat for special-status plant species, construction of,and after
resiliency project site survey indicates that the project site contains the SRSC implementing the project shall ensure completing construction for
suitabie habitat for special-status plant species,surveys using that surveys by a qualified biologist are conducted drought-resiliency projects.
USFWS,CDFW,and California Native Plant Society protocols will be
Mitigation Monitoring and Reporting Program 4 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
_.____�:_ __. ___:w _____._.�____._ w__ ____e:_._____d ._____.m _.__._�._ __.__.w,___ . _� _. .__ .__�: ._� _.__ww___ �__w _.�_..:,�____ ___�._______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
conducted by a qualified biologist. If present,special-status piant and that if present,special-status plant species are
species will be flagged for avoidance. If avoidance is not possibie, flagged for avoidance by the qualified biologist.
USFWS and/or CDFW will be consulted to determine the appropriate If avoidance is not possible,the SRSC
approach for minimizing impacts to special-status plant species and �mplementing the project shall consult with
compensating for unavoidable impacts, and the project proponents USFWS and/or CDFW regarding the appropriate
will implement all necessary minimization and compensation
approach for minimizing impacts to special status
measures. plant species and compensating for unavoidable
impacts.
The SRSC implementing the project shall
implement all necessary minimization and
compensation measures as applicable or required
for drought-resiliency projects undertaken as part
of the Agreement.
MM-BIO-3:Conduct Special Status Wildlife Species Surveys and if a drought-resiliency project site contains During planning for,prior to
Avoidance for Drought-Resiliency Projects. If the drought- suitable habitat for special status wildlife species, construction of,and during
resiliency project site survey indicates that the project site provides the SRSC implementing the project shall ensure construction of drought-
habitat for special-status wiidlife, site-specific pre-construction that surveys by a qualified biologist are resiliency projects.
surveys using USFWS and/or CDFW protocols wiil be conducted by a conducted.If wildlife is actively using the area,the
qualified biologist. If special-status wiidlife species are actively using SRSC shall verify the work area is flagged with
an area within the site,work shall not be permitted to occur within setbacks until the animals have left on their own
100 feet until the animals have left on their own or, if necessary,are or are relocated in accordance with mitigation
relocated in accordance with MM-BIO-S.Setback areas will be measure MM-BIO-S.
flagged.A qualified biologist shall be present during construction to Avoidance requirements in accordance with
monitor construction activities. measure shall be incorporated into any applicable
construction contracts initiated by an individual
SRSC for a drought-resiliency project.
MM-BIO-4:Conduct Nesting Bird Species Surveys and if the drought-resiliency project site contains During planning for,within
Avoidance for Drought-Resiliency Projects. If the drought- suitable habitat for nesting birds that may be 14 days prior to commencement
resiliency project site survey indicates that the project site provides affected by construction,the SRSC implementing of construction activities for,and
habitat for nesting birds that may be affected by construction and the project shall ensure pre-construction nesting during construction of drought-
construction would occur between March 1 and September 15, pre- bird surveys are completed by a qualified resiliency projects.
construction nesting bird surveys(two site visits at least one week biologist.If an active nest is found,the SRSC shall
apart)will be conducted by a qualified biologist within 14 days prior ensure an appropriate buffer zone is established
Mitigation Monitoring and Reporting Program 5 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
_.____�:_ __. ___:w _____._.�____.___w__ ____.e:_._____d ._____.m _.__._�._ __._ .w,___ . _� _. .__ .__�. � _.__ww___ �__w __.�_..:,�____ ___�. ______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
to construction to detect the presence of nesting birds. If an active by a qualified biologist. If work must occur within
nest is found,then the qualified biologist will establish an the buffer zone,the SRSC shali ensure that a
appropriate buffer(minimum 100 feet for non-raptors and 250 feet qualified biologist monitors the nest prior to
for raptors) based on site-specific factors such as the topography, construction, is present during all construction
the type of work to be performed, natural visual and/or auditory activities within the buffer zone,and flags all
barriers between the nest and proposed work area,and the species. setback areas.
If work must be performed within the established buffer zone,a
qualified biologist should monitor the nest prior to work activities to Avoidance requirements in accordance with
determine baseline nesting behaviors.Work shall be permitted to measure shall be incorporated into any applicable
occur within the buffer zone with a qualified biologist present to construction contracts initiated by an individual
monitor the work for signs of disturbance,to adjust(increase)the SRSC for a drought-resiliency project.
buffer size as needed, and to exercise stop work authority if nest
disturbance is observed. No further work may occur within the
buffer zone until nesting birds have fledged from nests on their own.
Setback areas will be flagged.
MM-BIO-S:Implement General Biological Resources Protection The SRSC implementing a drought-resiliency During planning for and prior to
Measures during Drought-Resiliency Project Construction.The project shall ensure that the general biological construction of drought-
construction contractor and operations personnel shall implement resources protection measures are implemented resiliency projects.
the following general biological resources protection measures in constructing drought-resiliency projects.
during drought-resiliency project construction:
The general biological resources protection
• Limit construction and operations activities to daylight hours to measures shall be incorporated into any
the extent feasible. If nighttime activities are unavoidable,then applicable construction contracts initiated by an
workers shaii direct all lights for nighttime lighting into the work �ndividual SRSC for a drought-resiliency project.
area and shall minimize the lighting of natural habitat areas
adjacent to the work area. Light glare shields shall be used to
reduce the extent of illumination into sensitive habitats. If the
work area is located near surface waters,the lighting shall be
shielded such that it does not shine directly into the water.
. Vegetation clearing will be limited to only those areas necessary
for construction.
. Any excavated and stockpiled soils will be placed outside of
designated special status species habitat.
• Dispose of cleared vegetation and soils at a location that will
not create habitat for special status wildlife species.
Mitigation Monitoring and Reporting Program 6 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
_.____�:_ __. __ww _____._.�____._ _w__ ____.e:_._____d ._____.m .__._�._ __._ .w,___ . _� _._.__ .__�: ._� _.__ww___ �.___w __.�_..:,�____ ___�._______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
• Dispose of food-related and other garbage in wildlife-proof
containers and remove the garbage from the project area daily
during construction.Vehicles carrying trash wiil be required to
have loads covered and secured to prevent trash and debris
from falling onto roads and adjacent properties.
• Store all construction-related vehicles and equipment in the
designated staging areas.These areas shall not contain native
or sensitive vegetation communities and shall not support
sensitive plant or wildlife species.
• Construction-related vehicles and equipment will not exceed a
20 mile-per-hour speed limit at the construction site,staging
areas,or on unpaved roads.
• The qualified biologist will provide the contractor with worker
environmental awareness training.
• Prior to the initiation of work each day,the contractor will
inspect construction pipes,culverts, or similar features;
construction equipment;or construction debris left overnight in
areas that may be occupied by special-status species that could
occupy such structures prior to being used for construction.
• Avoid wildlife entrapment by completely covering or providing
escape ramps for all excavated steep-wailed holes or trenches
more than 1 foot deep at the end of each construction work
day.The qualified biologist shall inspect open trenches and
holes and shall remove or release any trapped wildlife found in
the trenches or holes prior to filling by the construction
contractors.
Capture and relocation of trapped or injured wildlife listed under
ESA or CESA can only be performed by personnel with appropriate
state and/or federal permits.Any sightings and any incidental take
(mortality)shall be reported to CDFW via email within one working
day of the discovery. Notification shall include the date,time, and
location (U.S.Geological Survey(USGS)7.5-minute quadrangle
and/or similar map at a scale that will allow others to find the
location in the field) of the incident or of the discovery of an
individual special-status species that is dead or injured (type of
Mitigation Monitoring and Reporting Program 7 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
.____�:_ __. ___:w _____._.�____._ _w__ ____.e: _____d ._____..m _.__._�._ __.__.w,___ . _� _._.__ .__�: ._� _.__ww___ �.___w __.�_..:,�____ ___�._______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
injury shall be included). For each special-status species
encountered,the biologist shall submit a completed CNDDB field
survey form (or equivalent)to CDFW no more than 90 days after
completing the last field visit to the project site.
MM-BIO-6: Implement GGS Avoidance Measures for Drought- The SRSC implementing the project shall ensure During planning for and prior to
Resiliency Projects. If the need for a drought-resiliency project site that the GGS avoidance measures are construction of drought-
survey is identified as part of MM-BIO-1, and the initiai assessment implemented in constructing drought-resiliency resiliency projects.
indicates that that the project site provides habitat for GGS, projects.
avoidance measures must be implemented to avoid GGS during
construction.Construction activities within GGS habitat will be Avoidance requirements in accordance with this
restricted to between May 1 and October 1,to the extent feasible. If ineasure shail be incorporated into any applicable
work must be conducted within GGS habitat between October 2 and construction contracts initiated by an individual
April 30,two GGS pre-construction surveys will be conducted in any SRSC for a drought-resiliency project.
area within 200 feet of GGS aquatic habitat by a qualified biologist.
The first survey will occur within 15 days prior to onset of
construction and the second wiii occur within 24 hours prior to the
onset of construction.The information collected from the first pre-
construction survey wili serve primarily to alert the biologist and
construction crews of the general level of GGS activity at the site and
borrow area,and the second survey will serve to minimize potential
for take of GGS. If GGS is found in the project area,then to avoid
direct impacts on GGS,the following measures will be implemented
during construction of the drought-resiliency project:
• Temporary fencing will be installed to exclude GGS from the
work area.The design of the fence will be approved by the
CDFW prior to installation.
• Fence installation will be supervised by a qualified biologist.
• The qualified biologist will provide the contractor with worker
environmental awareness training, including instructing the
contractor on how to inspect the exclusion fence.
• Prior to the initiation of work each day,the contractor will
inspect the exclusion fence to ensure it is functional for the
intended purpose.
Mitigation Monitoring and Reporting Program 8 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
_.____�:_ __. __ww _____._.�____._ w__ ____.e:_._____d ._____.m __.__._�._ __.__.w,___ . _� _._.__ .__�: ._� _.__ww___ �.___w __.�_..:,�____ ___�._______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
If GGS is observed within the temporary fencing around the
construction site,the contractor will stop work and allow the species
to leave the site of its own volition or the snake will be captured by a
qualified biologist with appropriate collecting/handling permits and
relocated to the nearest suitable habitat beyond the influence of the
project work area."Take"of a state or federal special status species
is prohibited without appropriate permits from the USFWS and
CDFW.
MM-BIO-7:Obtain Incidental Take Authorization for Take of The SRSC implementing the project shall ensure Prior to the commencement of
Listed Species from Drought-Resiliency Project Impacts. If that incidental take authorization is obtained if construction activities for
species avoidance is not expected to be possible through speciai status species avoidance is not possible for drought-resiliency projects.
implementation of MM-BIO-1,MM-BIO-3, MM-BIO-4, MM-BIO-S,or constructing drought-resiliency projects.
MM-BIO-6, USFWS and/or CDFW will be consulted to determine the
appropriate approach for minimizing impacts to special-status
wildlife species and compensating for potential incidental take.
Impacts will be compensated for through purchase of mitigation
credits at an approved conservation bank and/or on or offsite
restoration and enhancement.Incidental take authorization will be
obtained for take of listed species resulting from construction of a
drought-resiliency project.
MM-BIO-8:Compensate for Permanent Loss of Special Status The SRSC implementing the project shall ensure After implementation of
Wildlife Species Habitat from Drought-Resiliency Projects.If it is that compensatory mitigation is provided for mitigation measures MM-BIO-1
determined through implementation of MM-BIO-1 and MM-BIO-3 permanent loss of special status species habitat and MM-BIO-3 for drought-
that a drought-resiliency project site includes high-quality foraging from construction of drought-resiliency projects. resiliency project sites that
or breeding habitat for special status wildlife species and there will include high-quality foraging or
be a permanent loss of such habitat resulting from construction, breeding habitat for special
impacts will be compensated for through onsite and/or offsite status wildlife species and
restoration,enhancement,and/or purchase of mitigation credits at where there will be a permanent
an approved conservation bank. Based on the findings of MM-BIO- loss of such habitat resulting
3,the qualified biologist will prepare a plan that outlines proposed from construction.
compensatory mitigation and coordinate with USFWS and CDFW.
Compensatory lands will be of similar or better quality than habitat
lost, preferably located in the vicinity of the drought-resiliency
project site,and be permanently preserved through a conservation
Mitigation Monitoring and Reporting Program 9 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
_.____�:_ __. __ww _____._.�____._ w__ ____e: ._____d ._____.m __.__._�._ __.__.w,___ . _� _._.__ .__�: ._� _.__ww___ �.___w __.�_..:,�____ ___�._______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
easement.The plan will identify conservation actions to ensure that
the compensatory lands are managed to provide for the continued
existence of the species. The plan will also identify an approach for
funding assurance for the long-term management of the conserved
land,as relevant.
MM-BIO-9:Tree Replanting Requirements for Drought- The SRSC implementing the project shall ensure During drought-resiliency
Resiliency Projects.Avoid native tree removal where practicable that trees are replanted in accordance with this project pianning and prior to
through adjustments to the alignment of ditches, pipelines,or other measure to compensate for any tree removal any tree removai associated
construction features. If protected or heritage native tree removal is required for construction or operation of drought- with a drought-resiliency
not avoidable, local county requirements for replacement wouid be resiliency projects. project.
prescribed at the ratio specified in their general plan. Replanting
ratios vary between counties. For trees known to be used by nesting
raptors, preservation efforts shall be pursued to the maximum
extent possible. Nest tree losses in HCP covered areas could be
subject to repiacement at 15:1 such as in the Natomas Basin HCP.
MM-BIO-10:Timing Requirements for Discing in Fallow Fields During Agreement Years,ali SRSC members idling Prior to discing croplands idled
During Agreement Years. If discing occurs in idled croplands croplands shall ensure that the timing as a result of the Agreement.
during an Agreement Year,the following will be adhered to: requirements stated in this measure are complied
• Between February 15 and September 15,discing wiil occur with when discing croplands fallowed under the
when vegetation is on average 12 inches or less in height. Agreement.
• Between September 15 and February 15,discing may occur
without vegetation height restriction.
Mitigation Monitoring and Reporting Program 10 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
MM-BIO-11:Maintain Minimum Water Depth in Irrigation and During Agreement Years and to the extent Prior to cropland idling during
Drainage�anals in Key Areas During Agreement Years.Certain practicable,all SRSC members idling croplands Agreement Years.
croplands abut or are immediately adjacent to areas with known shall ensure that any croplands abutting or
important GGS populations that may be in or connected to areas immediately adjacent to the areas specified in this
with specific management plans for GGS either for mitigation or as measure maintain irrigation and drainage canal
wildlife refuges.Croplands abutting or immediately adjacent to the water depths of at least 2 feet deep.
following areas are considered important GGS populations:
• Butte Creek between Upper Butte Basin and Gray�odge Wildlife
areas
• Colusa Basin drainage canal between Delevan and Colusa
National Wildlife Refuges
• Gilsizer Slough
• Colusa Drainage Canal
• Land side of the Toe Drain along the Sutter Bypass
• Willow Slough and Willow Slough Bypass in Yolo County
• Hunters and Logan Creeks between Sacramento and Delevan
National Wildlife Refuges
• Lands in the Natomas Basin
To the extent practicable,irrigation and drainage canal water depths
in areas that are considered important GGS populations will be
similar to years when the Agreement is not in effect or,where
information on baseline water depths is limited,at least 2 feet deep.
MM-BIO-12:Conduct Aquatic Resources Surveys and Avoidance The SRSC implementing the project shall ensure During planning for and prior to
for Drought-Resiliency Projects that aquatic resources surveys and avoidance construction of drought-
If the drought-resiliency project site survey identified in MM-BIO-1 measures are implemented for drought-resiliency resiliency projects.
indicates that the project site contains potentiallyjurisdictional projects.
aquatic resources, including wetlands,other waters,and riparian
habitat,that may be affected by construction,an aquatic resources
delineation to identify and delineate wetlands and other waters shall
be conducted.Wetlands and waters identified on site will be flagged
as environmentally sensitive areas and avoided to the extent
practicable. Permanent impacts tojurisdictional aquatic resources
will be mitigated per MM-BIO-13.
Mitigation Monitoring and Reporting Program 11 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
MM-BIO-13:Obtain Required Permits and Implement Wetland The SRSC implementing the project shall ensure Prior to construction of,during
Mitigation for Drought-Resiliency Projects.If impacts to wetlands that required USACE, RWQCB,and CDFW permits construction of,and after
and waters cannot be avoided,then required permits, potentially are obtained and that mitigation for permanent construction of drought-
including permits from the USACE, RWQCB,and CDFW would be impacts to waters and wetlands is provided at a resiliency projects.
obtained and complied with per MM-BIO-13. Mitigation for project- minimum 1:1 ratio for drought-resiliency projects.
related permanent impacts tojurisdictional wetlands or other waters
will be provided at a minimum 1:1 ratio through onsite and/or This measure shall be incorporated into any
offsite restoration,enhancement, and/or purchase of mitigation applicable construction contracts initiated by any
credits at an approved bank. SRSC for a proposed drought-resiliency project.
MM-HYD-1: Implement Erosion and Spill Control Measures for This measure and all listed BMPs shall be Prior to commencement of and
Drought-Resiliency Projects.To ensure that contaminants are not incorporated into any applicable construction during construction of drought-
accidentally introduced into irrigation ditches and canals,the contracts initiated by a SRSC member for any resiliency projects.
following measures will be implemented during construction of drought-resiliency project and enforced by the
drought-resiliency projects: SRSC.Implementation of the measures and listed
• Use of BMPs(e.g.,filter fabric or sandbags)to prevent BMPs shall be documented by the SRSC
pollutants from entering drainage channels implementing the project.
. Equipment be inspected daily for leaks or spills
. Materials for cleanup of spills be available on site
• Flammable materials be stored in appropriate containers
• Spill prevention kits be in close proximity when using hazardous
materials
• Spills and leaks be cleaned up immediately and disposed of in
accordance with local,state,and federal regulations
• Vehicles and equipment be kept clean
• Construction personnel to be appropriately trained in spill
prevention, hazardous material control, and cleanup of
accidental spills
For drought-resiliency projects involving over an acre of land
disturbance,a NPDES Construction Stormwater General Permit will
be obtained and a construction Stormwater Pollution Prevention
Plan (SWPPP)will be prepared.
Mitigation Monitoring and Reporting Program 12 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
MM-HYD-2: Install and Operate Groundwater Wells in The impiementing SRSC shall ensure that any During planning for any new
Accordance with Groundwater Sustainability Plans(GSPs)and installation and operation of new wells, and groundwaterwells;ongoing for
the SGMA for all Groundwater Pumping Activities undertaken operation of existing wells,is in accordance with continued compliance for
under the Agreement.The installation of any new groundwater GSPs and SGMA. existing groundwater wells.
wells and the operation of existing and new groundwater wells will
be in accordance with targets and requirements set by applicable
GSPs managed by Groundwater Sustainability Agencies in the
project area,as well as the requirements set forth by SGMA,
including the submittal of annual reports regardless of
determination status following adoption of a GSP or alternative.
MM-CUL-1:Conduct CHRIS Review and Desktop Evaluation for The SRSC implementing the project shall verify that During planning for and prior to
Drought-Resiliency Projects. Prior to the start of any drought- a CHRIS review and desktop evaluation has been the construction of any
resiliency project, a qualified historian/archaeologist will request completed for the drought-resiliency projects by a drought-resiliency project.
information regarding cultural resources already recorded in CHRIS qualified historian/archaeologist. If a cultural
to determine whether a drought-resiliency project may be located in resource is identified or it is determined that the
an area where cultural resources are recorded.If through this review, project area has the potential to contain cultural
a cultural resource is identified within resiliency project area or the resources,the SRSC shall ensure implementation of
historian/archaeologist determines through desktop review that the mitigation measure MM-CUL-2.
specific project area has potential to contain cultural resources,then
implementation of MM-CUL-2 will be required.
MM-CUL-2:Conduct Pre-Gonstruction Surveys and Establish If a qualified historian/archeologist determines Prior to the start of construction
Buffers for Drought-Resiliency Projects.If determined required by that a site-specific pre-construction survey is for drought-resiliency projects.
the qualified historian/archaeologist in MM-CUL-1,a site-specific required prior to the start of construction of a
pre-construction field survey will be conducted by a qualified drought-resiliency project,the implementing SRSC
historian/archeologist prior to the start of construction activities.The shall ensure that a site-specific pre-construction
pre-construction survey will be designed to identify historic survey is conducted. Reports on historic
structures,archaeological sites,and potential Tribal cultural structures,archeological sites, and potential Tribal
resources that may be present at the specific location of the cultural resources that may be present a specific
drought-resiliency project that is to be implemented.Reports would drought-resiliency project site shall be made
be made available to the Office of Historic Preservation (OHP)and available to OHP and Native American Tribes that
Native American Tribes that have requested consultation (if any), have requested consultation and any resource
and these entities would be afforded an opportunity to comment shall be recorded and flagged with a 30-foot
prior to the start of construction.Any historical or archaeological buffer(or appropriate).
Mitigation Monitoring and Reporting Program 13 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
_.____�:_ __. __ww _____._.�____._ _w__ ____.e:_._____d ._____..m __.__._�._ __.__.w,___ . _� _. .__ .__�: ._� _.__ww___ �___w _.�_..:,� ___ ___�._______w _. . .___�,r__ _ _ ..�r.________ �__._.. __d___.__._ :
resources identified during the survey would be recorded and This measure shaii be written in applicable
flagged with a 30-foot buffer(or based on topography and access contracts for drought-resiliency projects.
points to protect the find,as determined appropriate by the
qualified historian/archeologist).
MM-CUL-3:Develop and Implement Applicable Monitoring and if historic or archaeological resources are Prior to the start of construction
Mitigation for Drought-Resiliency Project Impacts. If the pre- identified in a project area and a Tribe(s) has for drought-resiliency projects.
construction survey conducted in MM-CUL-2 identifies any historic requested consultation,the SRSC implementing
or archaeological resources and a Tribe(s) has requested the project shall confirm that requesting Tribe(s)
consultation,then that Tribe(s)will be notified. If historic structures, are properly notified;that resources are identified
archaeological sites,and potentiai Tribal cultural resources are and flagged and impacts are minimized and
identified and flagged,but impacts cannot be avoided or adequately avoided;or, if needed,a project-specific
minimized,then OHP and Tribes that have requested consultation (if monitoring and mitigation plan is developed and
any)will be provided a project-specific monitoring and mitigation shared with requesting Tribe(s).This measure shall
plan. Impacts will be mitigated through implementation of this plan, be written in applicable contracts for drought-
with mitigation expected to include but not be limited to resiliency projects.
monitoring, resource investigation, documentation, recovery, or
preservation as well as interpretive measures.
MM-CUL-4:Develop Inadvertent Discovery Plan (IDP)to be For drought-resiliency projects that involve Prior to the start of construction
Implemented if Prehistoric or Historical Archaeological excavation below depths routinely disced or for drought-resiliency projects.
Resources Are Encountered during Drought-Resiliency Project disturbed,the SRSC implementing the project
Construction.A qualified archaeologist will develop an IDP for the shaii ensure an IDP is prepared by a qualified
proposed project to be provided to onsite personnel involved in archaeologist and that it is implemented if
drought-resiliency projects that involve excavation below depths prehistoric or historical archaeological resources
routinely disced or disturbed through routine agricultural are encountered during construction.
operations.The IDP will include steps to be taken in the event that p�ans for all drought-resiliency projects that
cultural resources, any artifact, or an unusual amount of bone, sheli, �nvolve excavation shall include the IDP to be
or non-native stone are identified during construction.Work will provided to onsite personnel,this measure shall
immediately stop and activities will be relocated to another area
beyond 10 meters (30 feet)of the discovery. In the case of potential be written in applicable contracts.
human remains,the find must be reported to local law enforcement.
The IDP will specify steps to notify and consult with the OHP and
Tribes. If the resources are found to be significant,they would be
avoided or if avoidance is not possible, mitigated in accordance with
MM-CUL-3.
Mitigation Monitoring and Reporting Program 14 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
MM-GEO-1:Needed Implementation of Geotechnical The SRSC implementing the project shall ensure During planning for drought-
Recommendations for Drought-Resiliency Projects. that geotechnical assessments or reports are resiliency projects.
Recommendations from geotechnical assessments or reports for consulted or prepared to verify the need for
specific project elements would be implemented as needed, specific project elements, if any,to ensure seismic
including use of materiais and construction techniques specifically and geologicai hazards requirements are included
addressing potential seismic and geologic hazards. in the finai drought-resiliency project design.
MM-GEO-2: Unstable Area Buffer for Drought-Resiliency The SRSC implementing the project shall engage Prior to construction of any
Projects.Within a 50-foot-wide buffer around unstable areas an earth sciences/physical sciences professional to drought-resiliency project that
regardless of percent slope, no drought-resiliency project determine the need for and, if needed, establish a includes unstable areas as
construction would occur without approval from an earth 50-foot buffer around any unstable areas determined by an earth
sciences/physical sciences professional. regardless of percent slope. If needed,the sciences/physical sciences
implementing SRSC shall ensure this requirement professional.
is included in final drought-resiliency project
plans.
MM-GEO-3:Adhere to Applicable Seismic Design Parameters The SRSC implementing the project shall ensure During planning for any
for Drought-Resiliency Projects.Drought-resiliency projects would that a drought-resiliency project is compliant with drought-resiliency project.
adhere to all applicable seismic design parameters. all applicable seismic design parameters and that
these parameters are included in final drought-
resiliency project plans.
MM-HAZ-1:Soil Testing in Accordance with Disposal Site For drought-resiliency projects that will not reuse During planning for any
Requirements.To address potential impacts to people and the excavated soils on site,the SRSC implementing drought-resiliency project.
environment from management of potentially contaminated soils, the project shall require that applicable
any excavated soils that would not be reused on site would be construction contracts and plans include a
tested in accordance with disposal site requirements. requirement to test excavated spoils in
accordance with disposal site requirements.
__
MM-HAZ-2:Spill Kits.All heavy construction equipment vehicles For drought-resiliency projects that involve use of During planning for any
would maintain spill kits with oil-absorbent material and tarps to heavy construction equipment vehicles,the SRSC drought-resiliency project.
contain minor releases. implementing the project shall require that plans
and contracts include a requirement to maintain
spill kits with oil-absorbent material and tarps at
all times to contain minor releases.
Mitigation Monitoring and Reporting Program 15 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
MM-HAZ-3:Site Drought-Resiliency Projects Away from Active The SRSC implementing the project shall ensure During planning for any
�leanup Sites. Drought-resiliency projects will be sited away from that a drought-resiliency project is sited away drought-resiliency project.
active cleanup sites. from active cleanup sites.
MM-MIN-1:Avoid Siting Drought-Resiliency Projects in Mineral The SRSC implementing the project shall ensure During planning for any
Resource Zones.Site drought-resiliency projects away from areas that a drought-resiliency project is not sited in drought-resiliency project.
mapped as MRZ to the extent practicable. areas mapped as MRZ to the extent practicable.
MM-NOI-1: Notification Requirements to Off-site Noise- The SRSC implementing the project shall ensure Priorto commencement of
sensitive Receptors for Drought-Resiliency Projects.Written written notification of drought-resiliency project drought-resiliency project
notification of project activities would be provided to all off-site activities is provided to all off-site noise-sensitive construction activities.
noise-sensitive receptors(e.g.,residential land uses)located within receptors located within 500 feet of a drought-
500 feet of drought-resiliency project locations.Notification would resiliency project site.
include anticipated dates and hours during which activities are
anticipated to occur and contact information of the project
representative, including a daytime telephone number.
MM-NOI-2:Power Equipment Use and Maintenance Plans for all drought-resiliency projects shall During planning for drought-
Requirements for Drought-Resiliency Projects.All powered heavy include this requirement in all construction resiliency projects and during
equipment and power tools will be used and maintained according contracts that include the use of power equipment drought-resiliency project
to manufacturer specifications.All diesel- and gasoline-powered and power tools. construction activities.
equipment will be properly maintained and equipped with noise-
reduction intake and exhaust mufflers and engine shrouds, in
accordance with manufacturers' recommendations.
MM-NOI-3: Heavy Equipment Must Operate at Least 25 Feet If a project is sited near historic buildings or During planning for drought-
from Neighboring Structures for Drought-Resiliency Projects. structures that are extremely susceptible to resiliency projects.
Drought-resiliency projects involving the use of heavy equipment vibration damage,and the drought-resiliency
(such as a large bulldozer)will be sited to occur at least 25 feet from project would use heavy equipment,the
neighboring historical buildings and structures that are extremely implementing SRSC shall review final project plans
susceptible to vibration damage. to ensure that the project is not sited within
25 feet of those historic buildings or structures.
Mitigation Monitoring and Reporting Program 16 December 2024
Mitigati+�r�Measures
Measure Responsible Party and Implemer�tati�n Timing and Monitc�ring
MM-UTI-1: Notify Utility Companies of Drought-Resiliency The SRSC implementing the project shall notify all Prior to construction of a
Projects.Prior to construction of the drought-resiliency projects, relevant utility companies in the vicinity of project drought-resiliency project.
utility companies will be contacted to determine whether the activities to determine possible construction
potential for utility line crossing or conflict exists. Notice of confiicts.The implementing SRSC shali verify this
construction of the drought-resiliency projects will be provided to measure is included in final drought-resiliency
utility providers to request additional information on the location,if project plans.
any,of private cables or utilities.
MM-UTI-2:Conduct Utility Surveys and Coordinate with Utility The SRSC implementing the project shall conduct During planning for drought-
Companies for Drought-Resiliency Projects if Needed. During utility surveys to locate, understand,and avoid resiliency projects.
the design phase for each of the drought-resiliency projects and if conflicts with existing utilities and coordinate with
coordination with utility companies reveals the potential for utility utility companies for modifications,as necessary.
lines to be in the project area,site specific utilities surveys will be This measure shall be incorporated into any
completed to locate, understand,and avoid conflicts with existing applicable design and engineering contracts for all
utilities. In addition, all overhead and buried utility lines will be proposed drought-resiliency projects undertaken
demarcated and avoided unless modifications are required. under the Agreement.
Modifications will be coordinated with the utility company.
Mitigation Monitoring and Reporting Program 17 December 2024
Contract No. 25-WC-20-6345
1
2 UNITED STATES
3 DEPARTMENT OF THE INTERIOR
4 BUREAU OF RECLAMATION
5 Central Valley Project, Caiifornia
6
7 AGREEMENT SETWEEN THE UNITED STATES BUREAiT OF RECLAMATION,
8 THE SACRAMENTO RIVER SETTLEMENT CONTRA.CTORS A CALIFORNIA
9 NONPROFIT M[TTUAL BENEFIT C4RPORATION AND TNDIVIDUAL
10 SACRAMENTO RIVER SETTLEMENT CONTRACTORS
11 FOR THE ESTABLISHMENT OF A DROUGHT PROTECTION PROGRAM
12
I3 THIS AGREEMENT, made this , ��day of January, 2025, pursuant to the
I4 Reclatnation Act of 1939 (53 Stat. 1187),the Rec�amation Reform Act of 1982 {P.L. 97-293),
15 and the Inflation Reduction Act of 2022 (P.L. 117-169), between the LTNITED STATES
16 BUREAU OF RECLAMATION, hereinafter the United States or Reclamation, and represented
17 by the officer executing this Agreement, the SACRAMENTO RIVER SETTLEMENT
18 CONTRACTORS, a California nonproft mutual benefit carporation, hereinafter referred to as
19 the SRSC Corp., acting far and on behalf of its members and any other non-member Sacramento
20 River settleament contractor that receives funding pursuant to this Agreement, and individual
21 Sacramento River settletnent con�ractors that have executed this Agreement.
22 EXPLANATORY RECITALS
23 [l st] WHEREAS, the United States has constructed and is operating�he Central Valley
24 Project{Project} for diversion, storage, ca�riage, and distribution of waters of the Sacramento
1
i
Contract No. 25-WC-20-6345
25 River, the Arnerican River, the Trinity River, and the San Jaaquin River and their tributaries for
26 irrigation and other beneficial uses to serve Praject purposes; and
27 [2�'d] WHEREAS, Recla�nation has entered into contracts with senior water right holders
28 on the Sacramento River, known as the Sacramento River settlement contractors, for the
29 settlement of claimed water rights; and
30 [3rd] WHEREAS, Recla�nation and the Sacramento River settlement contractors renewed
31 these contracts in or around 2005, wluch a�nong other things provide for a 25%reduction of
32 water available for diversion in a Critical Year as defined in the contracts; and
33 [4th] WHEREAS, on Septernber 30, 2021, Reclamation requested reinitiation of
34 consultation with the United States Fish and Wildlife Service and the National Oceanic and
35 Atmospheric Administration's Nafional Marine Fisheries Service regarding the long-term
36 operations of the Central Valley Project and the State Water Project pursuant to 50 C.F.R.
37 § 402.16 of the federai Endangered Species Act;
38 [Sth] WHEREAS, on November 9, 2023, Reclamation issued a"Biological Assessment
39 far the 2021 Reinitiation of Consultation on the Long-Terrn Operation of the Central Valley
40 Project and the State Wat�r Project";
41 [�th] WHEREAS, Reclamation issued a Final Environn�ental Impact Statement (EIS) for
42 the Long-Term Operation of the Central Valley Project and the State Water Project on
43 November 15, 2�24;
44 [7th] WHEREAS, Reclamation issued a Record of Decision on the Long-Terrn Operation
45 of the Central Valley Project az�d State Water Project on December 2p, 2024;
2
Contract No. 25-WG20-6345
46 [$th] WHEREAS, in anticipation of Reclamation's operational commitments in the LTO
47 Biological Assessment, Reclamation and the undersigned Sacxamento River settlement
48 contractars agree to a Drought Protection Program under specific hydrologic conditions;
49 [9th] WHEREAS, the undersigned Sacramento River settlement contractors agree to a
50 Drought Protection Program, to be iznplemented in two phases, based on the parties'
51 commitment to improve spawning, rearing, and migratory conditions for salmon species in the
52 Upper �acramento River, hatchery operations, and other spawning �ocations in tributaries like
53 Battle Creek, and to otherwise support the recovery of salmon species;
54 [I Oth] WHEREAS, the undersigned Sacrarzlenta River settlement contractors agree to a
55 second phase of a Drought Protection Program based on anticipated investments in drought
56 resiliency projects;
57 [11th] WHEREAS, the SRSC Corp. will coorc�inate activities among its members and
58 other 5acramento River settlement contractors and distribute fiuiding to the undersigned
59 Sacranrzento River settlement contractors as set forth in the articles to follow;
50 [12th] WHEREAS, the SRSC Corp. will accept fianding and coordinate activities in
bl support of the Winter-Run Action Plan and to assist the United States in achieving the milestones
b2 to support recovery of�almon species in the Upper Sacramento River; and
63 �I3th] WHEREAS, the U.S. Fish and Wildlife Service issued a biologicai opinion on the
64 Sacramento River Settlement Contractors Drought Protection Program, on Januazy 7, 2Q25; and
65 [14th] WHEREAS, Reclamation completed an Environmental Assessrr�ent for the
66 Sacramento River Settlement Contractors Drought Protection Program, and signed a Finding of
67 No Signif cant Impact, an January 8, 2025,
3
Contract No. 25-WG20-6345
68 [15th] WHEREAS, on December 30, 2024, Gienn-Colusa Irrigation District, as lead
69 agency, certified the Final Environmental �mpact Report for the Drought Protection Program
70 Agreement Between the Sacramento Ri�er 5ettlement Contractors Nonprofit Mutual Benefit
7I Corporatior�, Individual Sacramento River Settlement Contractors, and the U.S. Bureau of
72 Reclamation, adopted Findings of Fact and a Statement of Overriding Considerations, adoptec�a
73 Mitigation Monitoring and Reporting Prograrz�, and approved the project, and other Sacramento
74 River settlement contractors, as responsible agencies, approved execution of this Agreement in
7S reliance on the Final Environmental Impact Report.
76 NO W, THEREFORE, in consideration of the mutual and dependent covenants herein
77 contained, the parties ag�ee as follows:
78 l. DEFINITIONS
79 When used herein unless otherwise distinctly expressed, or rt�anifestly incampatible with the
SO intent of the parties as expressed in this Agreement, the terrn:
81 (a) "Agreements to Support Healthy Rivers and Landscapes" shall z�ean the suite of
82 plans and voluntary agreements proposed by signatory state agencies, Reclamation, public water
83 agencies, and other water users as an a�tern.ative program of implementation for achieving water
84 quality objectives for the Sacramento River, tributaries, and the Delta as part of the Califarnia
85 State Water Resources Control Board's update of its Bay-Delta Water Quality Control Plan;
86 (h) `Base Supply" sha11 mean the quantity of Surface Water estabiished in Articles 3
87 and 5 of the Settlement Contracts, and listed in Exhibit A of each Settlement Contract, which
88 may be diverted by the Contractor from the Sacramento Ri�er or its Souxce of Supply without
89 payment to the United States far such quan�rties di�erted;
4
Contract No. 25-WC-20-6345
90 (c) "Contract Totals" shall mean the sum of the Base Supply and Project Water
91 available �or diversion under the Settlement Contracts held by the Settlement Contractors that
92 have executed this Agreement;
93 {d} "Critical Year" shall have the same meaning as the term "Critical Year" in the
94 Settlernent Contracts, which, as stated in the Settler�ent Contracts, means any Year in which
95 either of the �ollowing eventualities exists:
96 (i) The forecasted full naturai inflow to Shasta Lalce for the current Water
97 Year, as such forecast is made by the United States an or before February 15 and
98 reviewed as frequently thereafter as conditions and information warrant, is equal to or
99 less than 3.2 MAF; ar
100 (ii) The total accurr��ilated actual deficiencies below 4A million acre-feet in
101 the immediately prior Water Year or series of successive prior Water Years each of
102 which had inflows of less than 4.0 �nillion acre-feet, together with the forecasted
103 deficiency for the current Water Year, exceed 800,000 acre-feet.
104 For the purpose of determining a Critical Year, the computation of inflow to
105 Shasta Lake sha11 be performed in a manner that considers the extent of upstream
l Ob development above Shasta Lake during the year in question, and shall be used as the full
107 natural flow to Shasta Lake. In the event that major construction has occurred ar occurs
108 above Shasta Lake after September 1, 1963, and which has zx�.aterially altered or alters the
109 regimen of the stream systems confiributing to Shasta Lake,the computed inflow to
110 Shasta Lake used to define a Critical Year will be adjusted to eliminate the effect of such
111 material alterations. After consultation with the State of California, �lie National Weather
112 Service, and other recognized forecasting agencies, the Contracting Officer will select the
5
Contract No. 25-WG20-6345
113 forecast to be used and will make the details of it available to the Settlement Contractors.
I 14 The same forecasts used by the United States for the operation of the Project sha11 be
11 S used to make the farecasts hereunder;
116 (e} "Contracting Officer" will mean Reclamation's Regional Director{unless
117 otherwise stated) or his duly authorized representative;
118 (� "CVPIA" shali mean the Central Valley Project Improvement Act, Title XXXIV
119 of the Act of October 30, 1492 (106 Stat. 4706};
120 (g) "Drought Resiliency Projects" shall mean an integrated, broad range of actions
121 intended to strengthen the resilience of the Settlement Contractors' water system and long-term
122 water delivery capabilities,thereby assisting Reclamation and the Settlement Contractors to
123 withstand and r�cover from climatic variability in order to support healthy rivers and landscapes
124 (including but not limited to terrestrial ecosysterr�s) and create durable water savings while
125 sustai.ning a more drought-resilient econorny that retains its vitality. Drought Resiliency Projects
126 inciude but are not limited ta the following actions: 1) protecting and enhancing natural systezns
127 through habitat projects and other environmental stewardship; 2) making investments to
128 conserve water supplies over the long-term; 3) diversifying water supplies; and 4) enhancing
129 water management actions with improved data, forecasting, conveyance, and administration
130 under the Settlement Contracts;
131 (h) "Effective Date" shall mean January 10, 2025.
132 (i) "Exhibit A" shall mean the listing of those Settlement Contractors that have
133 executed this Agreement, which Exhibit may be modified by t�.e SRSC Corp. withaut
134 an:�endment of this Agreement if and when those entities or persons that hold a Settlement
6
Cantract No. 25-WC-20-6345
135 Contract with Reclamation as originally executed in or about 1964, and as renewed in or about
136 2005, execute this Agreement after the Effective Date but on or before July 31, 2025.
137 (j) "Final EIR" shall mean the Final Environmental Impact Report to support a
138 Drought Protection Program Agreement Between the Sacramento River Settlement Contractors
139 Nonprofit Mutual Benefit Corporation, Individual Sacramento River Settlement Cantractors, and
140 the U.S. Bureau o�Reclamation, certified by Glenn-Colusa Irrigation District on December 30,
141 2024.
142 (k} "Five Agency Memorandum of Understanding" shall mean the "Memorandum of
143 Agreement for the Purpose of the Recovery of Winter-Run Chinook Salmon Pursuant to the
144 Winter-Run Action Plar�by and among United States Fish and Wildlife Service, National Marine
145 Fisheries Service, Bureau of Reclamation, Califarnia Department of Water Resources, California
146 Department of Fish and Wildlife, and Sacramento River Settlement Contractors Corporation"
147 dated , 2025.
148 {1} "Inflation Reduction Act" or"Act" shall rnean Public Law No. 117-169, 13fi
149 Stat. 1$18 (2022).
150 (m) "LTO Biological Assessment" means the "Biological Assessment for the 2021
151 Reinitiation of Consultation on the Long-Term Operation of the Central Valley Project and the
152 State Water Project" issued by Reclamation on November 9, 2023.
153 (n} "Parties" shall mean the United States or Reclamation, SRSC Corp., and the
154 Settlement Contractors that have executed this Agreement.
155 (o) "Phase One" shall mean the period that lasts ten years from the date of the
156 execution of this Agreement when the provisions of Article 3 of this Agreement are effective.
7
Contract No. 25-WC-20-6345
157 (p) "Phase One Pragram Year" shall mean when all the foilowing conditions are
158 satisfied by Aprii 15 in any Year during Phase One:
159 (i) Based on Bin 3B Indicators in the LTO Biological Assessment, forecasted
160 end-of-April Shasta Lake storage is less than 3.0 million acre-feet;
161 (ii} Based on Bin 3B Indicators in the LTO Bioiogical Assessment, #'orecasted
162 end-of-September Shasta Lake starage is less than 2.0 million acre-feet;
163 (iii) Cambined actual and farecasted natural inflow to Shasta Lake from
164 Octaber 1 through April 30 is less than 2.5 million acre-feet; and
165 {iv) Reclamation forecasts a Critical Year under the Settlement Contracts.
166 Forecasts to determine whether conc�itions (i)-(iv) are sa�isfied shall be based on a
167 90%exceedance.
168 (q) "Phase Two" shall mean the period following the expiration of Phase One through
169 February 28, 2045, when the provisions of Article 4 of this Agreement are effective.
170 (r} "Phase Two Pragram Year" shall mean when all the following conditions are
171 satisfied by April 15 in any Year during Phase Two:
172 (i) Combined actual and forecasted natural inflow to Shasta Lake from
173 Octaber 1 fhrough Apxi130 is less than 2.5 million acre-feet; and
174 (ii} Reclamation forecasts a Critical Year under the Settlement Contracts.
175 Forecasts to determine whether conditians (i}-{ii) are satisfied shall be based on a
176 90% exceedance.
177 (s) "Program Water" shall mear�the total quantity reduced under a11 Settlement
17$ Contracts participating in the Drought Protection Program during a Phase One Prograixa Year, nat
179 to exceed a combinecE 500,000 acre-feet per Fhase One Program Year, in order to result in a
8
Contract No. 25-WC-24-6345
180 forecasted end-of-September storage in Shasta Lake of up to 2.0 million acre-feet, the total
181 reduction shall be in addition to reductions under Article 5 Qf the Settlement Contracts.
182 (t) "Project" shall mean the Central Valley Project owned by the United States and
I83 managed by the Department of Interior, Bureau of Reclamation;
184 (u} "Project Water" shall harre the same meaning as the tezm "Project Water" in the
1 SS Settlement Contracts, which, as stated in the Settlement Contracts, means all Surface Water
I86 diverted or sch�duled to be diverted each Year by the Contractor from the Sacramento River
187 which is in excess of the Base Supply. The United States recognizes the right of the Contractor to
188 make arrangements for acquisition of water from projects of others than the United Stafes far
189 delivery through the Sacramento River and �ributaries subject to written agreennent between
190 Contractor and the United 5tates as to identification of such water which water when so
191 identified shall not be deemed Froject Water under this Settlement Contract;
192 (v} "Rates" shall have the same meaning as the term"Rates" in the Settlement
193 Cor�tracts, which, as stated in the Settlement Contracts, means the payments for Project Water
194 determined annually by the Contracting Off ce in accordance with the then current applicable
195 water ratesetting Policies for the Project, as described in subdivision (a) of Article 8 of the
196 Settlement Contract.
197 (w} "Reclamation Pragram Water" shall mean any Program Water made available for
198 use by Reclamation�ursuant to this Agreez�ent;
199 {x) "Record of Decision" shall mean the decision document issued on December 20,
200 2024, in which Reclamation selected an alternative for the long-term operations of the Central
201 Va11ey Project and State Water Praject based on the analysis of the ras�ge of alternatives analyzed
9
Contract No. 25-WC-20-6345
202 in the EIS titled"Long-Term Operations o�'the Central Valley Project and State Water Project",
203 posted on November 15, 2024.
204 (y) "Recoverable SRS Contractor Program Water" shall mean the quantity af SRS
205 Contractor Program Water that is available for use in accordance with Artic�e 3(g)-(i); except
206 that portion determined by Reclamation as Recoverable SRS Contractor Program Water Spill;
207 (z) "Recoverable SRS Contractor Program Water Spill" shall mean Recoverable SRS
208 Contractor Program Water that, upon determination by Reclamation, is irrecoverably lost from
209 Reclamation's contral at Shasta Reservoir;
210 (aa) "Rescheduling Fee" shall have the same meaning as the term"Rescheduling Fee"
211 in the Settlement Contracts, which, as stated in the Settlement Contracts, means the payments
212 required for each acre-foot of Base Supply rescheduled pursuant to subdivision(c)(1) of A_rticle 3
213 of the Settlement Contract, as determined annually by the Contracting Officer in accordance with
214 the then-current applicable water rate setting policies for the Project;
215 {bb) "SRS Contractor Program Water" sha11 mean any Program Water that is not made
216 available for use by Reclamatian as Reclamation Program Water;
217 (cc} "Secretary" shall mean the Secretary of the Interior, a duly appointed successor,
218 or an authorized representative acting�ursuant to any authority of the Secre�ary and through any
219 agency of the Department of the Interior;
22a {dd) "Settlement Cantractor{s)" shall mean those entities or persons that hold a
221 Settlemen�Contract with Reclazraation as originally executed in or about 1964, and as renewed in
222 or about 2005, and who have agreed to participate in the Drought Protection Program by
223 executing this Agreement.
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Contract No. 25-WG20-b345
224 {ee} "Settlement Contract(s)" shall mean the Sacrannento River Settlement Contracts
225 as originally executed in or about 1964, and as renewed in or about 2005.
226 {f� "Surface Water" shall have the same meaning as the term"Surface Water" in the
227 Settlement Cantracts, which, as stated in the Settlement Contracts, means only those waters that
228 are considered as surface water under California law;
229 (gg) "Drought Protection Progra�n" shall mean the program implemenfing reductions
230 to Contract Totals in Phase One pursuant to Article 3 of this Agreement and in Phase Twa
231 pursuant to Article 4 of this Agreement.
232 (hh) "Water Year" shall have the same meaning as the term "Water Year" in the
233 Settle�x�.ent Contracts, which, as stated in the Settlement Contracts, means the period
234 commencing witn October 1 of one year and extending through Septernber 30 o�tl�e next;
235 {ii) "Winter-Run Action Plan"or"WRAP" shall mean�he plan that has been
236 developed collaboratively among representatives from Reclamation, National Marine �'isheries
237 Service, U.S. Fish and Wildlife Service, California Departmenf of Water Resources, California
238 Departrrient af Fish and Wildlife, and the SRSC Corp. as an integrated plan to improve the
239 survival and viability of Winter-run Chinook salman that functions alongside planned operation
240 of Shasta Reservoir, and as the p�an is identified and described in Sections 3.13.3.2 and 3.15.1 of
241 the LTO Biological Assessment; and
242 (jj) "Year" shall ha�e the same meariing as the term"Year" in the Settlement
243 Cantracts, which, as stated in the Se�tlement Contracts means a calendar year.
244 2. DURATION OF CONTRACTUAL QBLIGATIONS
245 Except for Reclamation's obligations under Article 7 of this Agreement, the Parties'
24b respective rights, responsibilities and performance obligations during Phase One of the Drought
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Contract No. 25-WG20-6345
247 Protection Program sha11 remain in effect from February 1, 2025, through February 15, 2035.
248 The Parties' respective rights, responsibilities and performance abligations during Phase Two of
249 the Drought Protection Program shall begin on February l 6, 2�35, and shall remain in effect
250 through February 2$, 2045.
2S 1 3. PHASE QNE OF THE DROUGHT PROTECTION PROGRAM
252 (a) Reclamation.will establish a Drought Protection Program to reduce water
253 furnished to Settlement Contractors in certain years and under specific hydrologic conditions as
254 defned in this Agreement. The Drough�Protection Program will be i�plemented in two phases,
255 with each phase las�ing approximately ten years. This article prescribes the terms of Phase One
25& of tihe Drought Protection Program.
257 (b) Reclamation will identify whether any Year is a Phase One Prograzn Year, as
258 def ned in Article 1(p), and the amount of Program Water based on the following forecasts and
2S9 process:
2b0 (i) On March 1 S of each Year, Reclamation will provide a forecast based on a
261 90% exceedance to the Settlement Contractoxs as to whether the conditions for a Phase
262 One Prograr�Year are forecasted to be satisfied, and if so, will identify the initial
263 quantity of Program Water.
264 (ii) On April 15 af each Year, Reclamation will provide a forecast based on a
265 90% exceedance to the Settleznent Contractors as to whether the conditions for a Phase
266 One Program Year are satisfied, and if so, will identify the final amount of Program
26'7 Water.
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Contract No. 25-WC-20-6345
268 {iii} Reclamation may not increase the arnaunt of Program Water after April 15
269 under this Agreement. The Sett�ement Contractors may volunta�ily agree to an increase
270 in the quantity of Program Water subject to a separate agreement with Reclamation.
271 (iv} The forecast provided by Reclamation on April 15 wi116e the finai notice
272 to Settlement Contractors as to whether it is a Phase One Program Year.
273 {c) In addition.to reductions under Article 5 of the Settlement Contracts, in a Phase
274 One Program Year, Reclamation will reduce the Contract Totals far the Settlement Contractors
275 by the final amount of Program Water identified on Apr�l 15; the reduction to Contract Totals
276 because of reductions for Program Water shall be distributed among the Settlement Contractors
277 as identified i�E�ibit A. The Settlement Contractors may redistribute th� reductions to
27& Contract Totals among the Settlement Contractors, provided that tl�e tota.I amount of Program
279 Water identified by Reclamation is met by the combined reduction to Contract Totals af the
280 5ettlemen�Cantractors. Any water reductions pursuant to this subdivision shall be deemed
281 equivalent to a reasanable benef cial use of water to the extent of fhe reduction in supply, do not
282 reflect any change to the underlying water rights of the Settlement Contractors, and will not be
283 considered by Reclama#ian as a reduction in water use or demand during any renewal of the
284 Settlement Contracts, unless otherwise mutuall� agreed.
285 (d) By April 1 S af any Phase One Program Year, Reclamation shall have the first
286 right to make Program Water available for use by Reclamation upon a mutually agreed upon
287 amount of funding made available�a the Set�lemez�t Contractors; such water shall be
288 "Reclamation Program Water." Program Water not funded by Reclamation by April 15 shall be
289 "SRS Contractor Program Water."
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Contract No. 25-WC-20-6345
290 (e} Between April 15 and July 15 in a Phase One Program Year, the 5ettlernent
291 Contractors may voluntarily provide an option to Reclamation to provide funding for use of SRS
292 Co�tractor Program Water by Reclamation at an amount agreed upon in the future by
293 Reclamation and the Settlement Contracfors.
294 (f} In a Phase One Pragram Year, no later than July 15, Reclaznation will provide a
295 forecast based on a 90% exceedance to the Settlement Contractors that identifies the forecasted
296 end-of-September Shasta Lake storage:
297 {i} If the farecasted end-of-September Shasta Lake starage is greater than
298 2.0 million acre-feet, then the SRS Contractor Program Water will become "Recoverable
299 SRS Contractor Program Water" and may be used in accordance with subdivisions (g}-(i)
300 of this Article 3. Recoverable SRS Contractor Program Water will be c�istributed arr�ang
301 the Settlement Contractors in accordance with Exhibit A.
302 (ii} If'the farecasted end-of-September Shasta Lake starage is less than
303 2.0 million acre-feet, then Reclamation and the Settlemen�Contractors will meet and
304 confer on operations for the retnaining period of the Water Year in accordance rvith
305 Article 6 o�this Agreement.
306 (g) Each Settlement Contractor may use its amount of Recoverable SRS Contractar
307 Program Water for the following purposes and subject to Recla�nation's operational con.straints:
308 (i} Diversion and use within a Settlement Contractor Service Area identified
309 in Exhi�it B of a 5ettl�r�ent Contract;
310 {ii) Sett�ement Contractor flow contributions or other actions under the
311 Agreemenfs to Support Healthy Rivers and Landscages;
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Contracfi No. 25-WC-20-6345
312 (iii) Subject to Reclamation's right of first refusal to provide funding to make
313 Recoverable SRS Contractor Program Water available for use by Reclamation, request
3I4 assignment and delivery to Project water service ancE/or repayment contractors or
315 National Wildlife Refuges, or
316 {iv) Subject to Reclamation's right of first refusal to pravide funding to make
317 Recoverable SRS Cantractor Prograrn Watex available for use by Reclamation, transfer to
318 non-Project contractars in accorclance with Article 3(e) of the Settlement Contracts.
319 Use of Recoverab�e SRS Contractor Program Water plus quantities diverted or
320 transferred under the Settlement Contracts in each Year shall not exceed the Contract Totals.
321 (h) Requested use of Recoverable SRS Contractor Program Water shall not result in a
322 forecasted end-of-September Sk�asta Lake storage of less than 2.0 mil�ion acre-feet during the
323 year of the requested use.
324 {i) Requests by Settlement Contractors to use Recoverable SRS Contractor Program
325 Water for the purposes in subdivision(g)(i)-{iv) of this Article 3 shall be submitted to
326 Reclamation at least two weeks prior to the date of the requested use. Reclamation and the
327 Settlement Contractors shall cooperate to reach agreement on a scheduie for the requested use,
328 subject to Reclamation's operational constraints, within two weeks of submittal of a request.
329 (j) After October 1 of each Year, SRS Contractor Program Water sh.all hecome
330 Recoverable SRS Contractor Program Water. Any Recoverable SRS Contractor Program Water
331 shall be carried over in Shasta Lake subject to the following:
332 (i) Reclamation shall have the right to provide funding to make any
333 Recoverable SRS Contractor Program Water available for use by Rec�amation beginz�ing
334 October 1. Any Recoverable SRS Contractor Program Water that Reclamation does not
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Contracfi No. 25-WC-2a-6345
335 fund by April 15 of the following year shall remain Recoverable SRS Contractor
336 Program Water.
337 (ii) In the evenf the following year is not a Phase One Program Year,
33$ Settlement Contractors may use Recoverabie SRS Contractor Program Water for the
339 purposes and sub�ect to the conditions in subdivisior�(g) of this Article 3. Requested use
340 of Recoverable SRS Contractor Program Water shall not result in a forecasted end-of-
34� September Shasta Lake storage of less than 2.0 million acre-feet during the Year of the
342 requested use.
343 (iii} Recaverable SRS Contractor Pragram Water that is carried over may
34� become Recoverable SRS Contractor Program Water Spill. The determination of
345 Recoverable SRS Contractor Program Water Spill will be made by Reclamation.
346 (iv) Reclamation shall pro�ide an accounting of Aecoverab�e SRS Contractor
347 Pragram Water Spill with a notification to SRS Contactors within 45 days its
348 determination.
349 {v) Recoverable SRS Contractor Program Water Spill shall be accaunted as
35Q mee�ing the Settlement Contractors' obligations to provide flow contributions under the
351 Agreements to Support Healthy Rivers and Landscapes to the extent possible.
352 {k) Recoverable SRS Contractor Progrann Water rezxiaining in Shasta at the end of
353 Phase One, if any, will be cart7ed o�er in Shasta for future use for the purposes at�d subject to the
354 canditions in subdivision{g).
355 4. PHASE TWO OF THE DROUGHT PROTECT�ON PROGRAM
356 (a} This article prescxibes the terms of Phase Two of the Drought Protection Prograxx�.
357 Phase Two shall expire on February 28, 2045, unle�s otherwise extended by mutual agreement.
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Contract Na. 25-WC-20-6345
358 (b) Reclamation will identify whether any Year is a Phase Two Program Year, as
359 defined in Article 1{r}, based on the following farecasts and process:
360 (i) On March 1 S of each Year during Phase Two, Reclamation will provide a
361 forecast based on a 90% exceedance to the Settlezxaent Cantractors as to whether the
362 conditions for a Phase Two Program Year are forecasted to be satisfied; and
363 (ii) If the conditions for a Phase Two Program Year are forecasted to be
364 satisfied on Ma�rch 15, then Reclamation and the Settlement Contractors wili begin to
365 meet and confer on whether a reduction, in addition to reductions under Article 5 of the
366 Settlement Contracts, is necessary to promote the survival and recovery of federally
367 endangered ar threatened species in the Sacramento Rivex below Shasta Dam above I
368 Street Bridge.
369 (iii} On April 15 af each year during Phase Two, Reclamation will provide a
370 forecast based on a 90% exceedance to Settlemen# Contractars as to whether the
371 conditions for a Phase Two Program Year are satisfied. The forecast provided by
372 Reclamation on April 15 will be the final notice to Settlement Contractors as whether it is
373 a Phase Two Program Year.
374 (c) If Reclamation detez�xiines that is a Phase Two Program Year on April 15, and, as
375 a result of the meet and canfer process described in Article 6, Reclamation and the Settlement
376 Contractors agree that a reduction in addition to red�ctions under Article 5 of the Settlement
377 Contracts is necessary to achieve temperat�re control in tlle Llpper Sacramento River, then the
378 Settlement Contractors will voluntarily reduce the Contract Totals under the Settlement
3 79 Contracts by up to 100,000 acre-feet.
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Contract No. 25-WC-20-b345
3$0 (d) The Settlement Contractors anay distribute the reductions to Contract Totals
381 among the Settlemen� Contractors, provided that the total amount of up to 100,000 acre-feet is
382 met by the combined reductio�to Contract Totals by the Settlement Contractars.
383 (e) Any water reductions pursuant to Article 4(c) shall be c�e�rned equivalent to a
384 reasonable beneficial use of water to the extent o�the reduction in supply, do not reflect any
3$5 change to the underlying water rights af the Settlement Contractors, and will not be considered
386 by Reclamation as a reduction in water use or demand during any renewal of the Settlement
387 Contracts, unless otherwise mutually agreed.
388 (�} Reclamation will utilize any water savings resulting from the reductions by tY�e
389 Settlement Contractors under Article 4(c) of this Agreement for non-reimbursable purposes
390 necessary to promote the survival and recovezy of federally endangexed or threatened species i�
391 the Sac�amento River below Shasta Dam ahove I Street Bridge and will not make these savings
392 a�ailable for wat�r supply allocations to CVP contractors in a Phase Two Prograrn Year.
393 (g) The Parties agree that during Phase Two any voluntary reductions in water
394 furnished to the Settlement Contractars beyond the reductions provided for in Artfcle 4(c} of this
395 Agreement shall be subject ta a separate agreement with Reclamation.
396 5. SETTLEMENT C�NTRACT PERFORMANCE
397 {a} Reclamation agrees to the following terms during a Phase One Program Year or a
39$ Phase Two Program Year:
399 (i) Reclamation will allow Settlement Contractors to reschedule the amounts
400 of Base Supply not diverted in a month into any other months, inciuding into the critical
401 months defined in the 5ettlement Contracts, or otherwise as needed to accommodate the
402 demand shift pattern.
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Contract No. 25-WC-20-6345
403 (ii) Reclamation sha11 ensure that water furnishec�under the �ettlement
404 Contracts is available on a pattern that allows the Settlement Contractors to make use of
405 the entire Contract Total, with applicable reductions under the 5ettlement Contracts and
406 this Agreement.
407 {iii) Reclamation will waive the requirement of Article 3(c}(2)(ii) of the
408 Settlement Contracts.
409 {iv) Reclarnation will allow the accounting order for diversion schedules for
410 each month to be regular monthly Base Supply, then ur�used Base Supply rescheduled
411 from another month, and then Project Water.
412 (v) Reclamation shall waive fees for the rescheduling af Base Supply into
413 other months as set forth in Article 3{c)(1) of the Settlement Contracts.
414 (vi} Reclamation will wai�e the take or pay provisions in Article S(a)(1) of the
415 Settlement Cantracts.
416 (vii) For the purpose af future water transfers related to groundwater
�17 substitution or crop idling/shifting, Reclamation will account for baseline conditions only
418 in years that do not involve reductions to Contract Totais beyond those described in
419 Article 5 of the Settlement Contracts.
420 (viii} Bath Base Supply and Project Water shall be available for use in water
421 transfers consistent with sections 3403(� and 3405(a)(1){M) of th.e CVPIA.
422 (b) In the event o�a conflict between the terms in subdivision (a) of Article 5 of this
423 Agreement and the terms of a Settlement Contract, the terms in subdivision(a) af Article 5 of
424 this Agreement shali govern.
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Contract No. 25-WG20-6345
42S (c} To the maximum extent possible, fhe terms in subdivision (a) of Article 5 of this
426 Agxeement will also apply to the use of Recoverable SRS Contractor Program Water if it
427 becomes available far use in a Phase One Prograzx� Year in Phase One of the Drought Protection
42S Progra�n.
429 6. MEET AND CONFER
430 The Settlement Contractors will meet and confer with Reclamation as appropriate to
431 determine if there is any additional role for the Settlement Contractors in connection with
432 Reclamation's operational decasion-making for Shasta Reservoir annual operations in Phase One
433 Program Years and Phase Two Prograrn Years. This dete�nznation will include consideration of
434 what actions are feasible, consistent with the terms of this Agreement and tY�e Settlement
435 Contracts. In addition to the reduction during Critical Years as set forth in the Settlement
436 Can.tracts, and the reductions under Articles 3 and 4 af this Agreement, the types of actions that
437 may be considered include, but are not necessarily limited to: {1} the scheduling of spring
438 diversions by the Settlement Contractors; (2) voluntary, compensated water transfers by the
439 Settlement Contractors subject to Reclamation approval; and (3) smoothed diversions by the
440 Settlement Contractors during the fall rnonths. Any mut�.zally agreeable proposed actions
441 resultin.g from these meet-and-canfer discussions must be consistent vvitk the terms of this
442 Agreement and the Settlement Contracts and subject to other regulatory approvals.
443 7. FUNDING FOR THE DROUGHT PROTECTION PROGRAM
444 (a) Reclamation will fund the Drought Protection Progxa.zn by providing the
445 following payment to SRSC Corp.:
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Contract No. 25-WC-20-6345
44{ (i) $250 million upon the Effective Date of this Agreement, in a one-time,
447 non-refundable payment to the SRSC Corp., with funds available to Reclamation under
448 the Inflation Reduction Act.
449 {ii) The Settlement Contractors shall use the majority of the proceeds from
450 Article 7(a)(i} to invest in Drought Resiliency Projects. For purposes of this pro�ision,
451 Drought Resiliency Projects include actions taken by Settlement Contractors and costs of
4S2 those actions incuzxed from August 16, 2022, the date of enactment of the Inflation
453 Reduc�ion Act, to December 20, 2024, up to $30 million. The balance of the proceeds
454 (less than the rnajority of funds from the Inflation Reduction Act) may be used for any
455 �awful Settlement Contractor purposes.
456 (iii) The proceeds from Article 7(a), once transferred to the Settlement
4�57 Contractors under Article 11, are eligible to meet any local agency cost share for a
458 matching funds requirement.
459 {b} In accordance with Article 2 of this Agreement, Reclamatian has the right to the
460 first 275,000 acre-feet of Program Water during Phase One. Reclamation shall have the right to
4b i take actions to make additianal quantities of Prograrn Water or SRS Cantractor Program Water
452 available for use by Reclamation as set forth in subdivisions (d), (e), and (g) of Articie 3 of this
463 Agreement in exchange for a mutually agreed payment or payments to the Settlement
�64 Contractoxs hased upan future negotiations between Reclamation and the Settlement Contractors.
465 (c} The funds described in subdivisian (a) of this Article will be distributed by the
466 SRSC Cozp. to the Settlement Contractors in accordance with Exhibit A. The SRSC Corp. will
467 retain 5% of the funds described in subdivision(a) of Article 7 as consideration far its
468 obligations arising under this Agreement ar�d as an administrative fee for rrzanaging such
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Contract No. 25-WC-20-6345
469 funds. The SRSC Corp. wiil make the bala�ce of such funds available to Settlement Contractors
470 who are party to this Agreement proportionately based on a Settlement Contractor's share of
47I Contract Totals.
472 (d} The �ettlement Contractors agree to comply with any mitigation requirements
473 contazned in the Final EIR associated vvith the water reductions described in Articles 3 and 4 and
474 Drought Resiliency Prajects described in Article 7(a}(ii).
475 8. SUPPORT OF THE WINTER RUN ACTION PLAN
476 (a) During Phase One of the Drought Protectio�.Program, and upon Reclamation
477 acquiring a cumulative Program Water quantity of 500,000 acre-feet under Article 3 af this
478 Agreement, any additional Prograrn Water is contingent on completing mutually agreed Winter
479 Run Action Plan(WRAP) deadlines, rr�ilestones, and timely deliverables for each WRAP priority
480 action, as set forth in the mutually agreeable schedule to be d.eveloped by Reclamation and the
48 i Settlement Contractors consistent with sec�ion 4.10 of the Five Agency Memorandum of
482 Understanding, or as otherwise agreed upon between Reclamation and the SRSC Corp.
483 (b) To support the Winter Run Action Plan, Reclamation will use its rate-set�ing
484 policies and reduce the Rates for Project Water by $10 per acre-foot for all Project Water
485 charged to each Settlement Contractor during Fhase One. Reclamation will notify each
486 Se�tlement Contractor of the $10 per acre-foot reduction in accordance vv�th the procedures in
487 Article S(b) of the Settlement Contxact. Each Settlement Contractor will pay Rates for Project
48$ Water, reduced by $10 per acre-foot, in accordance with the schedule set forth in Article 8(c) of
489 the Settlement Contract.
490 (c) The SRSC Corp. will invoice each Settiement Contractor based on the amount of
491 Project Water that Reclamation charges the Settlement Contractor in Reclamation's final water
22
Contract No. 25-WC-20-6345
492 account recard for the Water Year in acre-feet and multiply that amount by $10. Each
493 Settlement Contractor shall pay the a�nount invoiced, based on this formula, to the SRSC Corp.
494 annually. The funds coilected by the SRSC Corp. will be managed by the SRSC Corp. and
495 provided either through contract, grant, or direct funding for studies and programs that support
496 the Winter-Run Action Plan.
497 (d) All fi�nds collected under this Article 8 are non-reiznbursable.
498 9. RESERVATION OF RIGHTS
499 Reclamation and the Settlement Contractors agree to enter into this Agreement in
500 anticipation of Reclamation's operational commitments in the LTO Biological Assessment and
501 Record of Decision. In the event that there are legal actions concerning the Record of Decision in
502 any forum, the Settlement Contractors reserve their rights to partici�ate in such actian.s to ensure
503 consistency with and the performance of this Agreement or the Settlement Contracts. Nothing in
504 this Agreement shall limit�ie Settletnent Contractors from defending any actions brought against
505 this Agreement or the Settlement Contracts.
506 In the event a court of competent jurisdiction finds that the Record of Decision, or any
507 portion thereof, is unlaw�ul, this Agreement shall continue to remain in effect in accardance with
508 Article 2 of this Agreement.
509 During the term af this Agreement, Reclamation will not voluntarily take any actions or
510 seek any relief, over any objection of the Settlement Contractors, that would result in further
511 water reductions under the Settlement Contracts beyond those reductions agreed to in this
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Contract No. 25-WG20-6345
512 Agreement or consistent with the Settlement Contracts, unless requirad by applicable Iaw or
513 court ordex.
514 10. DISCLAIMER OF LIABILITY
515 Subject to the conditions, limitations, and provisions hereinafter expressed, the
516 Settlement Contractors agree to hold harmless, and the United States and its officers, agents, or
517 employees assurne no r�sponsibility for any damage whether direct or indirect arising out of or in
518 any manner caused by reducing Cantract Totals in a Phase One Program Year by the amount of
519 Program Water determined in accordance with Article 3 of this Agreement, or a Phase Two
520 Program Year in accordance with Article 4 of this Agreement.
521 1L METHOD OF PAYMENT
522 (a) The SRSC Carp. shall register at the U.S Federal District Registration System for
523 Award Management (SAM} website at www.sam.gov prior to receipt of payment. The SRSC
524 Corp. will notify Reclamation when it has successfully established a SAM account and provide
525 Reclamation tl�e necessary routing in�oz-rnation fo�prompt payment.
526 {b} All payment made by the United �tates under this Agreement shall be made by
527 electronic funds transfer (EFT} using the EFT information contained in the SAM database. The
528 SRSC Carp. is responsible during the term of this Agreement for the accuracy and completeness
529 of the data within�he SAM database, and for any liability resulting from the United States or
530 Reclamation's reliance on inaccurate or incomplete data. To remain registered in the SAM
53 I database after initial registration, the SRSC Corp. is required to review and update on an annual
532 basis, from the date of initial registratian or subsequent updates, its information in the SAM
533 database to ensure it is current, and complete.
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Contract No. 25-WC-20-6345
534 (c) The SRSC Corp. will disburse the funds to the Settlement Contractors in
535 accordan.ce wit�Exhibit A.
536 (d) Any funds not distributed in accordance with subsection {c) of this Article 9 shall
537 be retained by the SRSC Corp.
538 12. NO ARGUMENT, PRECEDENT, OR ADM�SSION
539 Nothing in this Agreement shall be offered for or against a Party (or any of the Settlernent
540 Contracfors) as argument, admission, admission. of wrongdoing, liability, waiver, acquiescence,
5�1 or precedent regaxding any issue of fact or law, including but not limited to issues related to the
542 interpretation or future performance of the Settlement Contracts, in any mediation, arbitration,
543 litigation, or other administrative or legal proceeding, except that this Agreement may be used in
544 any future proceeding to interpret or enforce the tenns of this Agreement, consistent with
545 appiicable law. No actions under this Agreement shall be evidence of lack of beneficial use of
54b the subject water supp�ies, or shall in any way prejudice any of the Settlement Contractors' water
S47 rights or Reclamation's water rights.
548 13. AUTHORIZATION
549 The Parties represent and warrant that the persons executing this Agreement on behalf of
550 each respective Party has full power and authority to enter this Agreement and that the Parties
551 are authorized by Iaw to perform the services and actions set forth herein.
552 14. NO C�UNTERPARTS CLAUSE
553 This Agreement may be executed in counterparts with the same force and e�fect as if
554 execufed in one complete document by all Parties. Sacraznento River settlement contractors may
555 become party to this Agreement by delivering a signed counterpart to SRSC Corp. on ar before
556 July 31, 2025, and thereby�e a Settlement Contractor under this Agreement. The SRSC Corp.
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Contract No. 25-WC-20�6345
557 will assemble any such counterparts and attach them to the final Agreement and distribute copies
558 of the final Agreement to the parties.
559 15. PROTECTION OF WATER AND AIR QUALITY
560 The SRSC Corp. shall cornply with all applicable �w�rater and air pollution laws and
561 regulations of the United States and state Iaw; and shail obtain a�l required permits or licenses
562 from.the appropriate Federal, State, or local authorities necessary far the delivery of water by fhe
563 Settlement Contractors; and shall be responsible for compliance with a11 Federal, State, and local
564 water q�tality sfiandards applicable to surface and subsurt'ace drainage and/or discharges
565 generated thraugh the use of Central Valley Project facilities or Settlement Contractor facilities
566 or water provided by the Settlement Contractor within its water service area.
567 This article shall nat affect or alter any legal obligations af the Secretary of the Interior to
568 provide drainage or ather discharge services.
569 16. BOOKS, RECORDS, AND REPORTS
570 The SRSC Corp. and Settlement Contractors shall establish and maintain accounts and
571 other books and records pertaining to administration of the terms and conditions of this
572 Agxeement, including as applicable the SRSC Corp.'s and Settlement Contractors' financial
573 transactions; water supply data; Project operation, maintenance, and replacement logs; Project
57� land and rights-of-way �se agreements; �he wate�users' lan.d-use (crop census), landownership,
575 land-leasing, and water-use data; and other matters that the Contracting Officer may require.
S76 Reports shall be furnished to the Contracting Officer in such form and on such date or dates as
577 the Cont�acting Officer may require. Subject to applicable Federal laws and regulations, each
578 party to this Agreement shall have the right during office hours to examine and make copies of
579 the other party's books and records relating to rnatters covered by this Agreement.
S80 17. ASSIGNMENT LIMITED - SUCCESSORS AND ASSIGNS OBLIGATED
5 S 1 The provisions of this Agreexnent sha11 apply to and bind the successors and assigns of
582 �he parties hereto, but no assignment or transfer o�this AgreEment or any right or interest therein
583 b� either party shali be valid until approved in writing by the other party.
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Contract No. 25-WC-20-6345
584 18. OFFICIALS NOT TO BENEFIT
585 No Member of or Delegate�a the Congress, Resider�t Cornmissioner, or official of the
586 SRSC Corp. and the Settlement Contractors shall benefit from this Agreement other than as a
587 water user or landowner in the same manner as other water users or landoruners.
588 19. NOTICES
589 All notices and other commuEnications required under this Agreement shall be in writing
590 and shall be deemed to have been duly given on the date of service, if served persona�ly, an the
591 person to whom notice is ta be given, or on the third (3rd) day after mailing, if mai�ed to the
592 party to whom notice is to be given by first class mail, registered or certified, postage-prepaid,
593 and properly addressed as follows:
594 To SRSC Corp.:
595 P.O. Box 150
596 Willows, CA 95988
597
598 To Reclamatian: U.S. Bureau of Reclam.ation
599 California Great Basin Region
600 Resources Management Division
601 Attention: Regional Resources Manager, CGB-400
602 2800 Cottage Way
603 Sacramento, California 95842
604
605 To Settlement Contractors:
60b c/o SRSC Corp.
607 P.O. Box 150
608 Willows, CA 95988
609
610 20. C�NTRACT DRAFTING CONS�DERAT�ONS
b 11 This Agreement has been negotiated and re�iewed by the parties hereto, each of whom is
612 sophisticatec�in the matters to which this Agreement pertains. The clo�ble-spaced articles of this
613 Agreement have been drafted, negotiated, and reviewed by the Parties, and no one party sha�l be
614 considered to have drafted the stated articles.
27
Contract No. 25-WC-20-6345
615 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
616 and year first above written.
bX7 UNITED STATES OF AMERICA
C/
618 By:
��9 egional Director
620 Interior Region 10 California- Great Basin
621 Bureau of Reclaination
622 THE SACR.AMENT4 RiVER SETTLEMENT
623 CONTR.ACTORS, A CALIFORNIA NONPRQFIT
624 MUTUAL BENEk'IT CORPORATION
625 By:
626 resident, Board o�Directors
28
Contract No. 25-WC-20-b345
fi27 EXHIBIT A
628 (January 10, 2025 version}
SRSC Cantract Contract % of Programi SRSC Funding
No. Total SRSC W�.ter (Based on
(af� Contract Reduction 500,000 AF}
Total (Based on
500,000 AF)
��
Glenn-Colusa Irrigation 14-06-200- 825,400 39.501% 197,505 $93,814,682.75
District 855A-R-1
Reclamation District No. 14-06-200- 232,000 11.108% 55,541 $26,381,825.94
108 87GA-R-1
SutterMutual Water 14-06-200- 226,000 10.821% 54,104 $25,699,537.34
Company 815A-R-i
Anderson-Cottonwood 14-Ob-200- 125,000 5.985% 29,925 $14,214,345.87
Irrigation District 334bA-R-1
Natomas Central Mutual 14-06-200- 120,200 5.755% 28,776 $13,b68,514.99
Water Cornpany 8$SA-R-1
ReclamationDistrictNo. 14-06-200- 71,400 3.419% 17,093 $S,I19,23436
�004 890A-R-1
Princeton-Codora-Glenn 14-06-200- 67,810 3.247% 16,234 $7,710,99835
Irrigation District 849A-R-1
Provident Irrigation 14-06-200- 54,730 2.620% 13,102 $6,223,609.20
District 856A-R-1
Conar�vay Presezvation 14-06-200- 40,862 1.956% 9,782 $4,64b,612,81
Group, LLC 7422A-R�1 �
Meridian Farms Water 14-06-200- 35,000 1.676% 8,379 $3,980,016.84
Company 838A-R-1
Sycamare Mutual Water 14-06-200- 31,800 I.523% 7,613 $3,616,129.59
Compaz�y 2146A-R-1
RRG Garden Properties, 14-06-200- 29,800 1.427% 7,134 $3,388,70a.Ob
LLC 878A-R-1
Pleasant Grove Verona 14-06-200- 2b,290 1.259% 6,294 $2,989,561.22
Mutual Water Company 5520A-R-I
Redding, City of 14-06-200- 21,000 1.005% 5,027 $2,3$$,D10.11
2871A-R-1
29
Contract No. 25-WC-20-6345
SRSC Contract Contract % of Program SRSC Funding
No. Total SRSC Water (Based on
(af} Contract Reduction SOO,OQO AF)
Total (Based on
500,004 AF)
*�
Maxwell Irrigation District 14-06-200- i7,980 0.861% 4,304 $2,044,591.51
6078A-R-1
M&T Chica Ranch, Inc. 14-06-200- 17,956 0.8b0% 4,299 $2,041,862.36
940A-R-1
Woodland-Davis 14-06-200- 10,000 0.479% 2,394 $1,137,147.67
7422X-R-1
Pelger Road 1700 14-0�-200- 10,070 0.482% 2,411 $].,145,107.70
128bA-R-1
Tisdale Irrigation and 14-06-200- 9,900 0.474% 2,370 $1,125,776.19
Drainage Company 2781A
Pelger Mutual Water 14-06-200- 8,860 0.424% 2,121 $1,007,512.84
Company 2073A
Carter Mutual Water 14-06-200- 7,122 0341% 1,705 $$09,876.57
Company 2401 A
Lomo Cold Storage I4-06-200- 7,11a 0.340% 1,702 $808,511.99 �
931 A ;
Baber, Jack, et ai 14-06-200- 6,260 0.300% 1,499 $711,854.4�
1604A
RD Heer Capital, LLC 14-06-200- 4,740 0.227% 1,135 $539,008.00
2427A
Robert's Ditch Irrigation 14-06-200- 4,440 0.213% 1,063 $504,893.57
Company 93 SA
Windswept Land& 14-06-200- 4,040 �.143% 967 $459,407.66
Livestock 2045A
TeVeIde Family 14-06-200- 4,�00 0.192% 958 $454,$59.07
Revocable Trust 2�49A
Knights Landing Investars, 14-06-200- 3,640 0.174% 871 $4 i 3,921.75
LLC 4604A
Andreotti Associates 14-06-200- 3,620 0.173% 867 $411,647.4b
1898A
Oji Brothers Farm, Inc. 14-06-200- 3,200 O.1S3% 766 $363,887.25
3753A
30
Contract No. 25-WC-20-6345
SRSC Contract Contract % of Program SRSC Funding
No. Total SRSC Water (Based on
(a�} Contract Reduction SOO,U00 AF)
Total (Based on
500,000 AF)
�*
Saeed, Faraz A. 8-07-20- 3,160 0.151% 757 $359,338.66
W0117
Eastside Mutual Water 14-06-20p- 2,804 0.134% 671 $318,856.21
Company 1053A
Richter Brothers, et al 14-06-200- 2,780 0.133% 666 $31b,127.05
4362A
Howald Farms, Inc. 14-06-200- 2,760 0.132% 661 $3 i 3,852.76
1042A
Griffin& Prater Tenancy- 14-06-200- 2,7C0 0.132% 661 $313,852.76
in-Common 2895A
Tarke, �tephen 14-06-200- 2,700 0.129% 646 $307,029.87
T 949A
Dennis, L.C. (Canal 14-06-200- 1,815 �.087% 435 $206,392.30
Farms) 2896A
Giusti, Richard, et al 14-06-200- 1,610 0.077% 385 $183,080.77
4076A �
T&P Farms 14-06-200- 1,560 0.075% 373 $17'7,395.04
2993A
Thiara Family Trust 14-Ob-200- 1,533 0.073% 367 $174,324.74
7691A
Van Ruiten Bros. 14-06-200- 1,485 0.071% 356 $168,866.43
880A
MCM Properties, Inc. 14-06-200- 1,4�70 0.070% 3 52 $167,160.71
7$27A
Byrd, Anna C. and Jane 14-06-200- 1,265 0.061% 303 $143,$49.1$
Osborr�e 1595A
Lonon, Michael, et a1 14-06-200- 1,155 0.055% 277 $131,340.56
8b58A
Kary, Carol 14-06-200- 1,000 0.048% 239 $113,714.77
252aA
Lauppe, Burton 14-06-200- 950 0.045% 227 $108,029.03
1289A
31
Contract No. 25-WG20-6345
SRSC Contract Contract % of Program SRSC Funding
No. Total SRSC Water (Based on
{af� Cvntract Rec�uction 500,000 AF)
Total (Based on
�oa,00a aF�
]Y X
Henle Family Limited 14-Ob-200- 935 O.d45% 224 $106,323.31
Partnership 932A
Green Valley Corporation 14�06-200- 890 0.043% 213 $101,206.I4
(Swenson Farrns, LLC) 52 i OA
Swenson Farms, LLC 14-05-200- 880 0.042% 211 $100,068.99
5211A
Jaeger, William, et al 7-07-20- 870 0.042% 208 $98,931.$5
W0002
Wallace, Kenneth L. 14-06-200- 867 0.042% 208 $98,590.70
Living Trust 1175A-X
O'Brien, Frank J., Family 14-06-200- 839 0.040% 201 $95,�06.69
Trust 41 OSX
Dxiscoll Strawberry 14-Ob-200- 820 0.039% 196 $93,246.11
Associates, Incorporated 473bA
Exchange Bank (TNC) 14-06-200- 780 0.037% 187 $88,697,52
377�A
Lake California Property 14-06-200- 780 0.037% 1$7 $8$,b97.S2
Owners Association 4961A
River Partners (Forry) 14-06-200- 7S2 0.036% 180 $85,513.50
7F91X
Sacramento, County o� 14-06-200- 750 0.036% 1$0 $85,2$6.08
2404A
Chesney, Adona, Bypass 14-06-200- 700 0.034°/o 168 $79,60034
Trust et a1 930A
Leviathan, Inc. 14-06-200- 700 0.034% 168 $79,60034
73 08A
Butte Creek Farms (P} 14-Ob-200- 640 0.031% 153 $72,777.45
7744X
�dysseus Faz�r�s 14-06-200- 630 0.030% 151 $7�,640.30
Partnership 8574A
Yolo Land Trust 14-06-200- 630 0.030% I51 $71,&40.30
2148A
32
Contract No. 25-WC-20-6345
SRSC Contract Contract % of Program SRSC Funding
No. Tatal SRSC Water (Based on
(a� Co�tract Reduction SOQ,400 AF}
Total (Based on
500,000 AF}
��
Van Ruiten Bros. 14-06-200- 584 0.028% 140 $66,409.42
880X
Heidrick& McGinnis I4-Ob-200- 550 0.027% 134 $b3,680.27
Pro�erties, L.P. 1176A
Dyer, Jeffrey E. and Jan 14-Ob-200- 52Q 0.025% 124 $59,131.68
Wing 2486A
Four Corners Farmland 14-06-200- 520 0.025% 124 $59,131.68
Fund Yolo, LLC 991A
J.B. Unlimited, Inc.(Flynn 14�06-200- 510 0.02�% 122 $57,994.53
Farmlands, LLC} 2519A
Quad H Ranches 14-06-200- 500 0.024% 120 $56,857.38
2153A
Riverby Ranches, LLC 14-06-204- 500 0.024% 120 $5b,85738
934A
Natomas Basin 14-06-200- 490 0.023% 117 $55,720.24
Conservancy 1364A
Anderson, Art, et al 14-06-200- 490 0.023% 1 I7 $55,7z0.24
3591A
Seaver, Charles 14-06-200- 4$0 0.023% 115 $54,583.09
3296A
Reische, Laverne C., et ux 14-06-200- 450 0.022% 108 $51,171.65
1150A
Butler, Dianne E., 14-06-200- 434 0.021% 104 $49,352.21
Revocable Intervivos T�st 2365A
Yocha Dehe Wintun 14-06-200- 430 O.D21% 103 $48,897.35
Nation(formerly Heidrick) 8322A
Lockett, William P. & 14=06-200- 417 0.020% 100 $47,419.06
Jean B. 4105A
Reclamation District 14-06-200- 404 0.019% 97 $45,9�4.77
#1000 1779A
Tuttle, Charles W. - Trust 14-06-200- 390 0.019% 93 $44,3�8.76
7295A
33
Contract No. 25-WC-20-6345
SRSC Contract Contract % of Progra� SRSC Funding
No. Total SRSC Water (Based on
(af� Contract Reduction 504,000 AF)
Total {Based o�
500,004 AF}
��
Ehrke, Allen A., et ux 14-06-200- 380 4.018% 91 $43,211.61
8330A
Wilson Ranch Partnership 14-06-200- 370 0.018% 89 $42,074.46
4520A
Wal�ace, Joseph and 14-06-200- 355 O.OI7% 85 $40,368.74
Janine 5200A
Lauppe, B & K 14-06-200- 350 O.OI7% 84 $39,800.17
13 64X
Van Ruiten Bros. 14-06-200- 325 0.016% 7$ $36,957.30
1415A
Charter,Nickolas J. and 14-06-20�- 300 0.014% 72 $34,114.43
Charter, Michael J. S 118A
Cummings, William C. 7-07-20- 300 0.014% 72 $34,114.43
W0054
Riverview Golf& Country 14-06-200- 280 0.013% 67 $31,840.13
C1ub 8286A
Morehead, Joseph A., et 14-Ofi-200- 255 0.012% 61 $28,997.27
ux 5789A
Gomes, Frank&Judy - 14-Ob-200- 246 0.012% 59 $27,973.83
Trust 1827X
Anderson Properties L.P., 14-06-200- 237 0.011% 57 $2b,950.4a
R and J 1726A
Driver Family Trust 14-06-200- 230 0.011% 55 $26,154.40
1314A
Kaelin, Cameron C. Trust �4-06-200- 210 0.010% 50 $23,880.10
(Gillaspy) 8117A
Fedora, Sib, et al 14-06-200- 210 0.010% 50 $23,880.i 0
2916A
Redding Rancheria Tribe 7-07-20- 205 0.010% 49 $23,311.53
W0006
Butte Creek Farms (M) 14-Ob-200- 204 0.010% 49 $23,197.81
1976A
34
Contract No. 25-WC-20-b345
SRSC Contract Cantract % af Program SRSC Fund�ng
No. Total SRSC Water (Based on
(a� Contract Reduction 500,000 AF)
Total (Based on
500,000 AF)
��
Western Almonds, LLC 14-06-2Q0- 200 0.010% 48 $22,742.95
(Knights Landing 889A
Praperties)
7ansen, Peter& Sandy 14-06-200- 190 0.009% 45 $21,605.81
1�26A
Empire Graup, LLC 14-06-200- 181 0.009% 43 $20,582.37
2145A
Cachil Dehe Band of 14-06-200- 180 0.009% 43 $20,4b8.66
Wintun Indians of the 720bA
CoIusa Indian Comrr�unity
Penner, Roger& Leona 14-06-200- 180 0.009% 43 $20,4{8.{6
960A
KLSY, LLC 14-06-200- 170 0.008°/a 41 $19,331.51
7556A
Ze1Mar Ranches 14-06-200- 164 0.008% 39 $18,649.22
1827A
Van Ruiten Bros. J4-Ob-200- 160 0.008% 38 $18,194.36
5200X
Driver, WilliamTrust, et 14-06-200- 160 0.008% 38 $18,194.36
al 939A-1
Sooch, Jagtar, et al 14-06-200- 155 0.007% 37 $17,625.79
(Munson} 7049A
Nelson Family Trust 14-Ofi-200- 136 0.007% 33 $15,46S.2I
1954A
Churkin, Michael, et al 14-06-200- I30 0.006% 31 $14,782.92
7227A
Hale & M�rks 14-05-200- 130 0.006% 31 $14,782.92
7572A
Micke, Daniel 14-06-200- 100 0.005% 24 $11,371.48
7995A
Butte Creek Parms {A) 14-06-200- 95 0.005% 23 $10,802.90
5206A
35
Contract No. 25-WC-20-6345
SRSC Contract Contract % of Program SRSC Funding
No. Total SRSC Wa�er (Based on
(af) Contract Reduction SOQ,000 AF)
Total (Based on
500,000 AF}
��
Willey, Edwin& Marjorie, 14-06-200- 95 0.005% 23 $1p,802.90
Revocable Trust 3556A
Reische, Eric 14-06-200- 90 0.004% 22 $10,23433
11 SOX
Yocha Dehe Wintun 14-Ob-200- 85 0.004% 20 $9,665.76
Nation{formerly Heidrick) 1616A
Davis, Grover L., et ux 14-06-200- 85 0.004% 20 $9,665.76
1851A
Howard, Theodore 14-06-200- 76 0.004% 18 $8,642.32
1976X
Hale & Marks 14-Q6-200- 75 0.004% 1 S $8,528.61
163 8A
Eggleston, Ronald H., et 14-06-200- 65 0.003% 16 $7,391.46
ux 7339A
B & D Fami�y Partr�ership 14-06-200- &0 0.003% i4 $6,822.$9
4178A
Leonard, Jarrxes C. I4-06-200- 53 0.003% 13 $6,026.88
1175A
Butte Creek Farms (Y) 14-06-200- 36 0.002% 9 $4,093.73
2851 A
Wisler, .�ohn Jr. 14-Ob-200- 35 0.002% S $3,980.02
5215A
Driver, Gary, et al 14-06-200- 30 0.001% 7 $3,411.44
8585A
Hatfield, Robert and 14-0b-2U0- 26 0.001% 6 $2,956.58
Bonnie 23b5X
King, Laura 14-05-200- 25 0.001% { $2,956.58
1086Z
Alexander, Tharr�as, et ux 14-06-200- 22 0.001% 5 $2,501.72
7754A
Driver, Gregory E. 14-06-200- 20 0.001% 5 $2,27430
939A-2
36
Contract No. 25-WC-20-6345
SRSC Contract Contract % of Program SRSC Funding
No. Total SRSC Water {Based on
(a#� Contract Reduction 500,400 AF)
Total (Based on
500,000 AF)
*�
Lauppe, Alan, et al (ELH) 14-Ob-200- 20 0.001% 5 $2,274.3Q
1364Y
Daniell, Harry Z4-Ob-200- 20 0.001% S $2,27430
4348A
King, Ben 14-06-200- 19 0.001°/a 5 $2,160.5$
1086Y
Driver Family Trust �4-06-200- I 6 0.001% 4 $1,$19.44
23 98A
Rubio, Exequiel & Elsa 14-06-200- 16 0.001% 4 $1,819.44
236$A
Gjerrnami, Hal 14-06-200- 12 0.001% 3 $1,364.58
4010A
Burdick 1999 Fatnily Trust 14-06-200- 10 0.000% 2 $1,137.15
2552A
Total 133 2,088,559 100% 500,000 $Z37,500,Q00
Contracts
**If the Program Water amount identified during any Phase One 5% SRSC $12,500,000
Program Year is less than SQ0,000 AF, then there will be
proportionate reductians to the amounts shown in this column for
each contractor. During any Phase Two Program Year, there will be IRA $250,00O,OOU
proportionate reductions based on Contract Totals to meet the Funding
obligation in Article 4(c).
629
37
�l.lTI�II�E
�
Sa��� ��t� i�r��
---------st;z�•rt,snTr,Nr can�rxncraes
�
Temporary Program as Part of Long-Term Operations
(LTO) for the Central Valley Proj ect
A Plan for Critically Dry Years
The Drought Protection Program (DPP) is a water reduction and infrastructure improvement agreement
between tne U.S. Bureau of Reclamation (Reclamation) and the Sacramento River Settlement Contractors
(Settlement Contractors) and implements a voluntary water conservation and water acquisition program
over the next two decades in response to drought conditions at Shasta Lake.
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C�ecember 19th,ZC�2A
I3r�u��� �'�c�t�etia�� P����� o u � G i � � �� t i�T��
Sli'L'1'LIi.MEN"['CONTKAC'f'OItS
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Why We Need the DPP f�°�'°
The DPP is needed to avoid repeating the devastating effects of 2022 when the � • �
.
Settlement Contractors received an 18% water supply from Reclamation. This � � � �
resulted in 370,000 acres of farm land fallowed in the Sacramento Valley and little
water for communities,fish and wildlife.The DPP provides improved certainty for
water deliveries for all these purposes in future droughts, as well as funding for
:�, �- �� � �
improving water supply infrastructure to help water management in all year types. � ��
�
Unpredictable water years (e.g., 2022) can lead to decisions by state and federal
� � � • ��
agencies and courts that can resuit in reductions to water supply that have
devastating effects on the Sacramento Valley. � � �
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C�UT�INE Uec�mber 19th,202� 2
I3r�u��� �'�c�t�etia�� P����� o u � G i � � �� t i�T��
Sli'L'1'LIi.MEN"['CONTKAC'f'OItS
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When Does This Occur? ������
The DPP's water supply action is triggered only when hydrologic conditions at � E
Shasta �ake hit specified critically dry year criteria over the next 20 years. � �
�
These specified hydrologic conditions would have occurred seven times in the
last 100 years (7% of the time). With the more recent drought periods we have
experienced, this would have occurred in three of the last 10 years (2014, 2021, � � � � � � -
2022). Previous to 2014, it would not have occurred since the early 1990s. ��� �w� �� �
. � ��
In these defined years between now and 2045, Settlement Contract supplies
would be reduced to as low as 50%. Contract performance would be similar to
2014, 2015, 2021 and 2022 with flexibilities to ailow the Settlement Contractors
to best use their reduced contract supplies including shifting contract amounts
between months to best meet demands.
"Phase One Program Year"shall mean when all tne following conditions are
satisfied by April 15 in any Year during Phase One:
1. Forecasted end-of-April Shasta Lake storage is less than 3.0 million acre-feet;
2. Forecasted end-of-September,for the current year,Shasta Lake storage is less than 2.0 million acre-feet;
3. Combined actual and forecasted natural inflow to Shasta Lake from October 1,of the prior year,through April 30,for
the current year, is less than 2.5 million acre-feet;and
4. Reclamation forecasts a Critical Year under the Settlement Contracts.
'�Note:for Phase 2, only the 3rd and 4th points a,bove would apply.
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C�UTLINE Dec�mber 19th,202�1� 3
I3r�u��� �'�c�t�etia�� P����� o u � G i � � �� t i�T��
Sli'L'1'LIi.MEN"['CONTKAC'f'OItS
et��?�'s`
rri}lti�rt t,11;=-"
i,�'t�'�� .
How Does it Work? f�°�'°
The DPP has two, ten-year phases, while the parties commit to implement these � � ,
�
actions and working coilaboratively on the holistic Winter-Run Action Plan (WRAP) � �
to help recover salmon. w �
• Phase 1:(2025-2035):the Settlement Contractors would reduce
contract supply by up to 500,000 acre-feet during years the hydrologic � �� ��
conditions triggers are met.
� �� � � .
�� � �
• Phase 2:(2035-2045):the Settlement Contractors would reduce
� � • , m �� ��
contract supply by up to 100,000 acre-feet during years the hydrologic
conditions triggers are met. � � �
� � �
*The v�ater suppfy actions resuCt in"F��°a�r�c�rr� t��t��" �� � � ��� ��
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Program Water „�r�
• The water supply action is a temporary added reduction in contract supply(in � �
addition to the existing contract reductions under the Settlement Contracts for the
� � �
specific year type). �
• The"Program Water"is deemed equivalent to a reasonable and beneficial use
of water, however,the water supply action does not reflect any change to the � , �
underlying water rights.The current Settlement Contracts will remain in place . � d� �' � � �
under the DPP.
� •�
• As the DPP is implemented and Shasta Lake is operated to meet 2.0 million acre-
feet of storage at the end of September,the Settiement Contractors will receive at �- � •�
least 50%of total contract supply. � �. � .� � � �
• The Settlement Contractors will coordinate their diversions with Reclamation to 6� �
ensure an adequate flow release schedule from Shasta Lake to meet their needs.
• If hydrologic conditions triggers are met during Phase 1 that would call for
reductions that exceed a cumulative of 500,000 acre-feet of Program Water
(but no more than 50%reductions in any given year),any further reductions
are contingent upon completing WRAP milestones or otherwise agreed to by
Reclamation and tne SRSC Corporation.
C�UT�INE December 19th,202�4 �I�
I3r�u��� �'�c�t�etia�� P����� o u � G i � � �� t i�T��
Sli'L'1'LIi.MEN"['CONTKAC'f'OItS
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Funding Summary � � � � � � �" �
� ��_
Reclamation will provide$250 million to the Sacramento River Settiement Contractor
� �� • _ ���
non-profit Corporation which wiil then disburse that funding to the SRS contractors
based on contract amounts (assuming all contractors sign the agreement.) The �� � � � �
$250 million in funding will be provided in January 2025 to the non-profit corporation �= ��� �� �
which will then distribute to contractors after they have signed the agreement. More � � a
tnan half of the funds will need to be spent on water supply projects. � � � � � �� m
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� IY
16% Critical
30% t 13% 19% „ 22% 9°!a 7%
100 Years Wet � Above �� Below s,� Dry Shasta ' �� Shasta
E'requency Normal Normal Criti�al ' Critical
+[�PP Triggers
500,000 ,,
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a 300,000 ' � �� .
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I�ote: Existir��Shas�a Cr�tical YcaoR r�d€���i�ans frc�r�� 1(�C�°�o i�a 75%sup�ly��r� nc�t sE�crwr h�re.
C�UT�INE Dec�mber 19th,202�1� 5
I3r�u��� �'�c�t�etia�� P����� o u � G i � � �� t i�T��
Sli'L'1'LIi.MEN"['CONTKAC'f'OItS
When Program Water Years are Defined
On March 15, Reclamation will provide an initial forecast based on a 90%exceedance level to the Settlement Contractors
to define whetner the conditions trigger a water supply action, including the initial quantity of"Program Water." This
information will be updated by April 15 with Reclamation identifying tne final amount of"Program Water." This timing
ensures operational certainty for growers as planting decisions are made.
By�uly 15, Reclamation wili provide an updated forecast(based on 90%exceedance level)for the end of September Shasta
Lake storage. If the forecast is greater than 2.0 million acre-feet,the"Program Water"that creates storage above 2.0 maf wiil
be available to the Settlement Contractors for their use.If Shasta Lake end of September storage is forecasted to be less than
2.0 maf,Reclamation and the Settiement Contractors will meet and confer on operations for the remainder of the water year.
Creating Higher Carryover Storage
During the temporary period of the DPP,Reclamation intends to operate Shasta Lake with higher carryover storage as a way to
conserve water for extended drought years(see graph below).
The carryover storage is to designed to temporarily allow federal and state agencies to manage temperatures in the river for
Winter-run Chinook salmon while a broader Winter-run Action Plan(WRAP)is developed and we learn what is working best for
salmon. Following implementation of the WRAP, evaluations will be undertaken to determine the best approach to carryover
storage for temperature management and water supplies.
i r r r r r
r � ��:, Modern Water — W�sto�rical
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Year 1 (2013) Year Z (2014) Year 3 (2015)
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C�UT�INE December 19th,2024 6
I3r�u��� �'�c�t�etia�� P����� o u � G i � � �� t i�T��
Sli'L'1'LIi.MEN"['CONTKAC'f'OItS
The Need for Resiliency
Through the agreement, drought resiliency projects are expected to be constructed and implemented during Phase 1
to strengthen the resilience of the Settlement Contractors' water system and long-term water delivery capabilities.
Approximately$125 million from the Inflation Reduction Act will be dedicated to construct the following types of drought
resiliency projects:
• Improving and expanding conjunctive management of surface water and groundwater
• Piping or lining open canals
• Expanding recirculation systems
• Upgrading irrigation systems
• Water delivery infrastructure improvements
• Automation of gates and canals
It is anticipated that with implementing drought resiliency projects,the impact of taking land out of production as a means
to meet water reductions should reduce over time.
How Will the Program Affect Districts, Companies and Growers
Each participating Settlement Contractor will take their own, and possibly different actions to meet the water supply
reductions, perhaps including:
• Reducing deliveries to growers
• Cropland idling
• Shifting from higher-water-intensive crops to lower-water-using crops
• Implementing conservation measures
• Rely on groundwater substitution in accordance with SGMA
Please consult your district/company general manager for individual questions on the program and related questions on
funding, taxes and crop insurance.
Settlement Contractors that do not execute the DPP will not be eligible for funding opportunities under the Program and may
be subject to greater water supply reductions and impacts.
We strongly believe the DPP to be the most effective and least impactful path forward through the updated Long-Term Operations
of the Central Valley Project. We urge you to discuss with your representatives, consultants, or others to make your decision for
participation in the DPP.
�p .
:� � � � � • a r
���� � �� l�T�� �� � � �� �
- SG'P'TLLMEN'C'CONTA4�CTQEiS
C�UT�INE December 19th,202�4 7
�;y
���r��t��tt��tz���
— settiea��ent ec�ntractors
� ' �
ro� ht rot �ti�� ro r� r �t
The Sacramento River Settlement Contractors (SRSC) and the Bureau of Reclamation
signed an agreement for a Drought Protection Program (DPP) for the Sacramento
River.
ti t r t rt �ti r r ?
The DPP supports the new plan for the Long-Term Operation of the Central Valley
Project. The DPP is designed to help increase predictability for water supplies to
Sacramento River Settlement Contractors and create a more reliable Central Valley
Project response to multi-year droughts. A significant component of the DPP is fundinq
for drought resilienc�projects that will improve water su�plv reliability in future
�ears to benefit farms, communities, the economy, and the environment.
ti t I ft r t r t t� r r ?
The goal is to ensure stability and resilience in our water system and avoid repeating
the devastating impact we saw in 2022 to the west side of the Sacramento Valley,
where there was only an 18% water supply to farms, wildlife refuges and cities, and
disadvantaged communities. As a result, 370,000 acres were fallowed, the regional
economy took a $1.38 hit, bird and snake habitat was impacted and we saw the lowest
salmon survival rates in decades.
t tri r t r t r t ti r r ?
The DPP will be implemented in specific critically dry years with low carryover storage
and less than 2.5 million acre-feet of inflow between October 1 St to April 10t" in to Lake
Shasta. The DPP's water supply action is triggered only when hydrologic conditions at
Shasta Lake hit specified critically dry year criteria over the next 20 years.
r I r i �t t �
Sacramento River Settlement Contract supplies will be reduced up to an additional
500,000 acre-feet collectively over the current contract reduction in these specified
critically dry years, with water suppliers receiving funding intended to mitigate this new
water supply shortage and for investment in drought resiliency projects.
ioi������
S��T°� �Ii��3�iV��°
—setClement contractars
h�t f�r��ir�g d� th� ��r� �rtt� ��ttlerner�t ��r�tr��t�r� r���iv�?
The US Bureau of Reclamation provided $250 million that will be disbursed to individual
Sacramento River Settlement Contractors that participate in the program.
More than half of the $250 million will be spent on drought resiliency projects.
i t �r t ttl t tr t r r iv � t f lif r i
f�nding f�r th� P�`�
No.
t r t r ili r j �t r ti t t f i fr t r f
�1 ti ?
More than $125 million will be dedicated to:
• Improving and expanding conjunctive management of surface water and
groundwater
• Piping or lining open canals
• Expanding recirculation systems
• Upgrading irrigation systems
• Water delivery infrastructure improvements
• Automation of gates and canals
t fit i t t r t r t� ?
The DPP is a component of water operations along the Sacramento River specifically
designed to address resilience to drought, both for water users and the environment.
The DPP depends in part on the success of the Winter-Run Action Plan that is being
developed and coordinated through a collaboration of five state and federal agencies
with the SRSC. The DPP is independent of the Healthy Rivers and �andscapes
Program, though it allows for coordination between the two programs in different types
of water years.
t r j t r t� i t t f r t 1 f t r fr t ?
Funding will be focused within the Sacramento River Settlement Contractors' service
area to implement projects related to water use efficiency and irrigation systems
improvements. The water suppliers may use the funding to install new groundwater
wells, however, those wells would need to comply with all statutory requirements and
are specifically required to comply with the rules and requirements of the Sustainable
Groundwater Management Act (SGMA) and follow local Groundwater Sustainability
Plans (GSP).