AgdaPkt 2003-01-13 - Laserfiche WebLink

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of Section 5.07 of the Master Contract. SECTION 5. GENERAL PROVISIONS GOVERNING WATER SHORTAGE ALLOCATION PLAN 5.1. Construction of Terms. This Plan is for the sole benefit of the parties and shall not be construed as granting rights to any person other than the parties or imposing obligations on a party to any person other than another party. 5.2. Governine Law. This Plan is made under and shall be governed by the laws of the State of California. 5.3. Effect on Master Contract. This Plan describes the method for allocating water between the SFPUC and the collective Suburban Purchasers during system -wide water shortages of 20 percent or less. This Plan also provides for the SFPUC to allocate water among the Suburban Purchasers in accordance with directions provided by the Suburban Purchasers through BAWUA under Section 2.2, and to implement a program by which such allocations may be voluntarily transferred among the Suburban Purchasers. The provisions of this Plan are intended to implement Section 7.03(a) of the Master Contract and do not affect, change or modify any other section, term or condition of the Master Contract. 5.4. Role of Suburban Advisory Grouu. Section 8.04 of the Master Contract identifies the _ Suburban Advisory Group as a forum for ensuring that the Suburban Purchasers are informed of matters affecting the SFPUC water system. Regularly scheduled meetings of the Suburban Advisory Group will be used to ensure that the important information concerning potential water shortages is provided to the Suburban Purchasers for consideration and examination. The parties agree to meet upon request up to two times per month in order to keep the SFPUC and the Suburban Advisory Group (or a subset of that group) informed of the status of the available water supply and measures under consideration to alleviate shortage conditions affecting the SFPUC water system. 5.5. Inanalicability of Plan to Allocation of SFPUC Svstem Water Durine Non - Shortage Periods and to Water Wheeling, The SFPUC's agreement in this Plan to a respective share of SFPUC system water during years of shortage shall not be construed to provide a basis for the allocation of water between the SFPUC and the Suburban Purchasers when no water shortage emergency exists. Nor shall this Plan provide any precedent for the transfer, banking, determination of available capacity, or rate to be charged for water proposed to be wheeled through the SFPUC system from non - SFPUC sources by any person or entity under Water Code Section 1810 et seq. 5.6. Termination. This Plan shall expire on June 30, 2009. The SFPUC and the Suburban Purchasers can mutually agree to revise or terminate this Plan prior to that date due to changes in the water delivery capability of the SFPUC system, the acquisition of new water supplies, and other factors affecting the availability of water from the SFPUC system during times of shortage. 6 0 0�