Page 124 - Yucaipa Valley Water District
P. 124
Director Memorandum No. 16-040 Page 4 of 24
Agreement for Yucaipa Valley Water District
to Purchase Inland Empire Brine Line Capacities from
the San Bernardino Valley Municipal Water District
This Purchase Agreement (“Purchase Agreement”) is made this ___ day of _____ 2016
(“Effective Date”), by and between San Bernardino Valley Municipal Water District, a
municipal water district (“Valley District”), and the Yucaipa Valley Water District (“YVWD”),
a county water district. Valley District and YVWD are sometimes collectively referred to as
the “Parties” and individually as “Party.”
RECITALS
A. On June 22, 1993, Valley District and Santa Ana Watershed Project Authority
(“SAWPA”) entered into that certain SARI Capacity Agreement (“SAWPA
Agreement”), which is hereby incorporated by reference, granting Valley District the
right to acquire a certain amount of pipeline capacity use right and treatment and
disposal rights in the Inland Empire Brine Line system (“Brine Line”), formerly
known as the Santa Ana Regional Interceptor (“SARI”).
B. Valley District owns a certain amount of Brine Line pipeline capacity use right
pursuant to the SAWPA Agreement, a portion of which Valley District is willing to
sell to YVWD, as an eligible discharger located within Valley District’s boundaries.
C. YVWD is interested in purchasing from Valle y District a discharge right allocation for
a maximum of 0.300 million gallons per day (“MGD”) (i.e., 300,000 gallons per day) of
non-reclaimable wastewater into the Brine Line and a treatment and disposal
allocation of 0.300 MGD with a maximum wastewater quantity of 30 mg/l Biochemical
Oxygen Demand (“BOD”) and 30 mg/l Total Suspended Solids (“TSS”). The discharge
right allocation and the treatment and disposal allocation are collectively referred to
as the “Capacity Rights.”
D. The purchase price for capacity in the Brine Line is Three Million Seven Hundred
Fifty Thousand and 00/100 Dollars ($3,750,000.00) per MGD as established by
SAWPA Resolution 295, dated July 8, 1997.
E. EnerTech Environmental California, LLC, a California limited liability company
(EnerTech), which is in bankruptcy proceedings, owns pipeline capacity and
treatment and disposal capacity in the Brine Line which it would like to sell.
F. EnerTech owes Valley District accumulated fees associated with its ownership of
capacities in the Brine Line. Valley District wishes to recover the fees owed by
EnerTech.
G. Valley District desires to purchase the pipeline capacity and the treatment and
disposal capacity from EnerTech (EnerTech Capacities), less the fees owed by
EnerTech.
Yucaipa Valley Water District - April 20, 2016 - Page 122 of 158
Agreement for Yucaipa Valley Water District
to Purchase Inland Empire Brine Line Capacities from
the San Bernardino Valley Municipal Water District
This Purchase Agreement (“Purchase Agreement”) is made this ___ day of _____ 2016
(“Effective Date”), by and between San Bernardino Valley Municipal Water District, a
municipal water district (“Valley District”), and the Yucaipa Valley Water District (“YVWD”),
a county water district. Valley District and YVWD are sometimes collectively referred to as
the “Parties” and individually as “Party.”
RECITALS
A. On June 22, 1993, Valley District and Santa Ana Watershed Project Authority
(“SAWPA”) entered into that certain SARI Capacity Agreement (“SAWPA
Agreement”), which is hereby incorporated by reference, granting Valley District the
right to acquire a certain amount of pipeline capacity use right and treatment and
disposal rights in the Inland Empire Brine Line system (“Brine Line”), formerly
known as the Santa Ana Regional Interceptor (“SARI”).
B. Valley District owns a certain amount of Brine Line pipeline capacity use right
pursuant to the SAWPA Agreement, a portion of which Valley District is willing to
sell to YVWD, as an eligible discharger located within Valley District’s boundaries.
C. YVWD is interested in purchasing from Valle y District a discharge right allocation for
a maximum of 0.300 million gallons per day (“MGD”) (i.e., 300,000 gallons per day) of
non-reclaimable wastewater into the Brine Line and a treatment and disposal
allocation of 0.300 MGD with a maximum wastewater quantity of 30 mg/l Biochemical
Oxygen Demand (“BOD”) and 30 mg/l Total Suspended Solids (“TSS”). The discharge
right allocation and the treatment and disposal allocation are collectively referred to
as the “Capacity Rights.”
D. The purchase price for capacity in the Brine Line is Three Million Seven Hundred
Fifty Thousand and 00/100 Dollars ($3,750,000.00) per MGD as established by
SAWPA Resolution 295, dated July 8, 1997.
E. EnerTech Environmental California, LLC, a California limited liability company
(EnerTech), which is in bankruptcy proceedings, owns pipeline capacity and
treatment and disposal capacity in the Brine Line which it would like to sell.
F. EnerTech owes Valley District accumulated fees associated with its ownership of
capacities in the Brine Line. Valley District wishes to recover the fees owed by
EnerTech.
G. Valley District desires to purchase the pipeline capacity and the treatment and
disposal capacity from EnerTech (EnerTech Capacities), less the fees owed by
EnerTech.
Yucaipa Valley Water District - April 20, 2016 - Page 122 of 158
