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<br />7A - ATTACHMENT NO.3 <br />Saltworks Proposal- Water Group Summary Report (22 January 2010) Page 52 <br /> <br />The point-of-delivery agreement includes the following terms: <br /> <br />. KCWA warrants that the 2,000 acre-feet is "pre-1914 water rights water <br />available for transfer from the KCWA service area." <br /> <br />. DWR states that "DWR approval for conveying the exchange water is unique, <br />and the Parties shall not consider it a precedent for future agreements or <br />DWR activities." <br /> <br />. The agreement references the subsequent Negative Declaration adopted by <br />KCWA (2001) and the SCVWD Notice of Exemption (2009) as providing <br />CEQA coverage. <br /> <br />. Under the agreement, SCVWD is to send DWR a facsimile with SCVWD's <br />requested delivery schedule for the 2,000 acre-feet in accordance with <br />normal procedures. DWR will then deliver the water provided DWR's other <br />deliveries or operations are not disrupted. DWR's sole role is to provide <br />conveyance. <br /> <br />The agreement provides two options for delivery of this water to SCVWD: <br /> <br />(1) "KCWA may accept the Nickel Water for use in KCWA and release to <br />SCVWD an equivalent amount of KCWA Table A Water. DWR would then <br />deliver that amount of KCWA Table A Water from the Delta to SCVWD <br />Turnouts in Reach 9 of the South Bay Aqueduct." <br /> <br />(2) "Alternatively, KCWA may pump the Nickel Water from the Kern Water Bank <br />and deliver the water into the California Aqueduct at Reach 12E (the Tupman <br />Turnout). DWR would then deliver an equivalent amount of project supply <br />from the Delta to SCVWD at Reach 9 of the South Bay Aqueduct." <br /> <br />As a result of this agreement, DWR is delivering 2,000 acre-feet of water to SCVWD at <br />the South Bay Aqueduct, rather than to KCWA at the Tupman Turnout. The net <br />pumping from the Delta has not changed. The point of delivery has shifted northward. <br />The physical impact of this change is that the water is diverted from the California <br />Aqueduct at a point that is roughly 300 miles further upstream than would otherwise be <br />the case. <br /> <br />Also as a result, in 2009 DWR's deliveries of SWP Table A water to KCWA will be 2,000 <br />acre-feet less than would otherwise have been the case, because this water will instead <br />be delivered to SCVWD; and SCVWD's deliveries of SWP water will be 2,000 acre-feet <br />greater. The reduction in Table A water delivered to KCWA has already been accounted <br />for by virtue of KCWA's agreements and approvals dating to 2000-2001. <br /> <br />The water team does not know the specific dates when the physical delivery of this <br />water to SCVWD occurred. Given seasonal demands, however, the water team <br />assumes the deliveries have already been accomplished. SCVWD may be relatively <br />insensitive to delivery timing because it owns substantial storage assets. <br /> <br />45 <br />