AgdaPkt 2009-01-12 clsd and reg - Laserfiche WebLink

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6.2A Page 36 watercourse, to the maximum possible water storage elevation; or (b) has an impounding capacity of 50 acre-feet or more. Any such barrier which is not in excess of 6 feet in height, regardless of storage capacity, or which has a storage capacity not in excess of 15 acre-feet, regardless of height, shall not be considered a dam. No obstruction in a canal used to raise or lower water therein or divert water therefrom, no levee, including but not limited to a levee on the bed of a natural lake the primary purpose of which levee is to control floodwaters, no railroad fill or structure, no road or highway fill or structure, no circular tank constructed of steel or concrete or of a combination thereof, no tank elevated above the ground, no water or waste water treatment facility, and 110 barrier which is not across a stream channel, watercourse, or natural drainage area and which has the principal purpose of impounding water for agricultural use or storm water detention or water recharging or use as a sewage sludge drying facility shall be considered a dam. In addition, no obstruction in. the 9hannel of a stream Of watercourse which is 15 feet or less in height from the lowest elevation of the obstruction and which has the single purpose of spreading water within the bed of the stream or watercourse upstream from the construction for percolation underground shall be considered a dam. Nor shall any impoundment constructed and utilized to hold treated water from a sewage treatment plant be considered a dam. N or shall any waste water treatment or storage pond exempted from state regulation and supervision by Water Code Section 96025.5 be considered a dam. 8. Damages means compensation in money recovered by a party for loss or detriment it has suffered through the acts of a covered party, or for liability assumed by the covered party under a covered indemnity contract. Damages include (I) attorney fees not based on contract awarded against the covered party, (2) interest awarded on money damages, or (3) costs for which the covered party is liable either by adjudication or by compromise with the written consent of the Authority, if the fees, interest, or costs arise from an occurrence to which this MOC applies. 9. Defense costs means all fees and expenses incurred by any covered party caused by and relating to the defense or litigation of a claim including attorney's fees, litigation costs, court costs, and interest on judgments accruing after entry of judgment. Defense costs shall also include reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the covered party, which are assumed by the covered party in a covered indemnity contract where such attorney fees or costs are attributable to a claim for damages covered by this MOC. Defense costs shall not include the office expenses of the Authority or the covered party, the salaries of employees, contract or elected city attorneys for the covered party. or officials of the Authority or any covered party, or attorney fees or costs awarded to a prevailing plaintiff against the covered party, but shall include fees and expenses relating to coverage issues or disputes which arise after a written denial of coverage, between any Participant and the Authority, if the Participant prevails in such dispute. J:\BCIPIA\Admin\Documents\Goveming\MOC's and MPD's\2008~2009\LiabilityJLiability MOC 2008-2009 FINAL 050808.doc 4