Agmt09 San Francisco City and County of Water Sales Agreement

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1.3.2 Mandatory Response. If the SFPUC determines that mandatory actions will be required to accomplish the necessary reduction in water use in the SFPUC service area, the SFPUC may implement excess use charges as set forth in Section 4 of this Plan. 1.4. Period of Shortage. A shortage perio~ commences when the SFPUC determines that a water shortage exists, as set forth in a declaration of water shortage.emergency issued by the SFPUC pursuant to California Water Code Sections 350 et seq. Termination of the water shortage emergency will be declared by resolution of the SFPUC. SECTION 2. SHORTAGE ALLOCATIONS 2.1. Annual Allocations between the SFPUC and the Wholesale Customers. The annual water supply available during shortages will be allocated between the SFPUC and the collective Wholesale Customers as follows: Level of System Wide Share of Available Water Reduction in Water Use Req uired ~ SFPUC Share Wholesale Customers Share ~ 5% or less 35.5% 64.5% 6% through 100/0 36.0% 64.0% 11 % through 150/0 37.0% 63.0% 16% through 20% 37.5% 62.5% . The water allocated to the SFPUC shall correspond to the total allocation for all Retail Customers. . 2.2 Annual Allocations among the Wholesale Customers. The annual water supply allocated to the Wholesale Customers collectively during system wide shortages of 20 percent or less will be.apportioned among them based on a methodology adopted by all of the Wholesale Customers, as described in Section 3.11 (C) of the Agreement. In any year for which the methodology must be applied, the Bay Area Water Supply and Conservation Agency ("BA WSCA") will calculate each Wholesale Customer's individual percentage share of the amount of water allocated to the Wholesale Customers collectively pursuant to Section 2.1. Following the declaration or reconfirmation of a water shortage emergency by the SFPUC, BA WSCA will deliver to the SFPUC General Manager a list, signed by the President ofBA WSCA's Board of Directors and its General Manager, showing each Wholesale Customer together with its percentage share and stating that the list has been prepared in accordance with the methodology adopted by the Wholesale Customers. The SFPUC shall allocate water to each Wholesale Customer, as specified in the list. The shortage allocations so established may be transferred as provided in Section 2.5 of this Plan. IfBA WSCA or all Wholesale Customers do not provide the SFPUC with individual allocations, the SFPUC may make a final allocation decision after first meeting and discussing allocations with BA WSCA and the Wholesale Customers. The methodology adopted by the Wholesale Customers utilizes the rolling average of each individual Wholesale Customer's purchases from the SFPUC during the three immediately 2 1857367.3