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Director Memorandum No. 18-022                                                      Page 4 of 22



               facilities used to apply both imported and native water supplies to productive beneficial use, will
               all be maintained and managed in a manner that will be sustainable over the long-term.  The Parties
               recognize  that  the  key  to  success  in  this  effort  will  be  coordination  of  amounts  and  areas  of
               recharge  in  different  parts  of  the  Basin,  by  acting  in  conjunction  with  other  groundwater
               management entities active in portions of the Basin.

                       WHEREAS, the purpose of ensuring water supply reliability and long-term effectiveness
               and  viability  of  recharge  facilities  has  become  even  more  important  as  a  result  of  recently
               experienced low groundwater storage levels and the reduction of imported water supplies, due to
               environmental  and  other  restrictions.    One  purpose  of  this  Agreement  is  to  facilitate  the
               cooperation  of  the  Parties  to  ensure  a  reliable  and  conjunctively  utilized  water  supply  of
               replenishment water that can prevent overdraft or other negative impacts from occurring during an
               extended drought, and for the foreseeable future.

                       WHEREAS,  the  Parties,  individually  and  collectively,  have  the  goal  of  cost  effective
               cooperative  groundwater  management  that  considers  the  interests  and  concerns  of  all  of  the
               communities and parties that rely upon the Basin for their water supply.


                       WHEREAS, the Parties hereby enter into this Agreement to establish the San Bernardino
               Basin Groundwater Council (“GC”) to undertake the preliminary steps necessary to prepare for
               and coordinate the management of groundwater supply resources throughout the Basin, and to
               coordinate maintenance of conveyance and recharge facilities to expedite such management.  The
               GC will coordinate with existing groundwater management agencies in the Basin as well as the
               individual Ex Oficio participants, as defined below, and will be responsible for ensuring overall
               coordination and sustainable management of the Basin.

                       WHEREAS,  the  Parties  have  agreed  that  the  preliminary  steps  of  GC  formation  will
               include preparation of formation documents and procedures, the possible hiring of needed experts,
               and the development of a budget for this GC as memorialized in this Agreement.


                                                      AGREEMENT

                       NOW THEREFORE, in consideration of the matters recited and the mutual promises,
               covenants, and conditions set forth in this Agreement, the Parties hereby agree as follows:

                       1.     DEFINITIONS

                              1.1    Definitions.  In addition to the terms that may be defined elsewhere in this
               Agreement, the following terms when used in this Agreement shall be defined as follows:

                                     1.1.1  “Agreement” means this Groundwater Council Agreement.

                                     1.1.2  “Plaintiff” means any of the following entities: City of Riverside,
               Riverside Highlands Water Company, Meeks and Daley Water Company, Regents of University
               of  California,  or  Western  Municipal  Water  District  as  named  in  the  1969  Judgment  in  Case
               Number  78426,  Western  Municipal  Water  District  of  Riverside  County  et  al.  vs.  East  San
               Bernardino County Water District et al.“







                                    Yucaipa Valley Water District - February 6, 2018 - Page 50 of 175
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