Laserfiche WebLink
<br />Allen Matkins Leek Gamble & Mallory LLP <br />attorneys at law <br /> <br />Allen Matkins <br /> <br />501 West Broadway 9th Floor San Diego California 92101-3577 <br />telephone. 6192331155 facsimile. 619 233 1158 www.allenmatkins.com <br /> <br />to. Interested Persons <br /> <br />memorandum <br /> <br />writer. David L. Osias <br />t. 619 235 1526 e. dosias@allenmatkins.com <br />file number. 14161-o02lSD579332.01 <br /> <br />date. May 23 2003 <br /> <br />subject. 110 Contractual Commitments to Live <br />Within the QSA Cap and Implement the <br />Creation of Conserved Water for Transfer <br /> <br />As a result of contractual commitments to SDCW A, MWD, CVWD and the Secretary, <br />lID's Priority 3a Consumptive Use will be capped and the IID will be obligated to produce <br />conserved water, in whole or in part by contracts with farmers, on the specified schedule <br />attached and to not divert and leave a like amount of water available in the Colorado River for <br />diversion by SDCWA! CVWD and MWD' Furthermore, by contractual commitment, any breach <br />or other failure by a farmer within lID to produce conserved water as obligated will be the sole <br />risk and responsibility of lID and will not obviate IID's obligation to not divert and leave a like <br />amount of water in the Colorado River for the benefit of SDCW A, CVWD and MWD. The <br />specific provisions establishing this regime are as follows: <br /> <br />March 2003 Quantification Settlement Agreement <br /> <br />Section 2.1(1) establishes thellD's Priority 3a cap at 3.1 maJy with specified deductions <br />and additions. Section 2.1 (4) sets forth the mechanism for IID to satisfy its transfer obligation: <br />"IID performs its obligations to make Conserved Water available for CVWD and MWD <br />acquisition as contemplated by this Agreement by reducing its Consumptive Use at Imperial <br />Dam by an amount equal to the Conserved Water to be acquired." Specific quantities and <br />schedules for transfers to SDCW A, CVWD and MWD are cross-referenced to the lID/SDCW A <br />Transfer Agreement, lID/CVWD Acquisition Agreement, and IID/MWD Acquisition <br />Agreement, and Allocation Agreement. (See Sections 2.1(6), (5), (7), (8) respectively.) lID's <br />obligations are enforceable by the other parties pursuant to Article 10, which includes the <br />remedy of specific performance (Section 10.1). <br /> <br />I San Diego Century City Los Angeles Orange County San Francisco <br /> <br />