Page 53 - Yucaipa Valley Water District

Director Memorandum No. 18-022 Page 7 of 22

3.3 Membership of the GC. The GC shall consist of a representative from each
Party. One party may serve in multiple representative roles, and this will be accounted for in the
Equitable Allocation. GC Members shall be appointed in the manner set forth in Section 3.4 of
this Agreement.

3.4 Appointment of Members to the GC. Each Party or other entity entitled to
membership on the GC shall appoint one representative member of the GC, who shall be the senior
executive management level employee of the Party, or a senior executive management-level
employee of other recognized groundwater management entity. Each eligible member may
determine its own process for appointing its representative member. Members of the GC shall
serve throughout the term of this agreement, provided that such members may be subject to
removal and replacement by the appointing Party in the event the representative is no longer in the
employ of the appointing Party.

3.5 Additional Members. The GC may permit admission of additional
members upon an eighty percent (80%)vote of the Equitable Allocation weighted votes among all
then-existing Parties, upon such terms and conditions as the GC in its discretion may impose. Such
conditions may include requiring contributions to any GC initiatives for securing imported water
supplies, or maintenance and operations expenses of groundwater replenishment facilities, to
assure equitable distribution of the costs of such initiatives or facilities to those benefitting from
them.

3.6 Ex Oficio Participants. The GC shall include the plaintiff parties or the
successors in interest to the plaintiff parties in Western Municipal Water District of Riverside
County v. East San Bernardino County Water District et al. (Riverside County Superior Court
Case No. 78426, April 17, 1969) as “Ex Oficio” participants, unless any Ex-Oficio participant
withdraws from the GC pursuant to Section 2.4, above. Such Ex-Oficio participants shall not have
the ability to vote on any matters before the GC, but shall be permitted to provide input and other
support for GC efforts. Notwithstanding any other provision of this Agreement, and except as
otherwise provided in other agreements, judgments or settlements, Ex Oficio participants shall not
be liable for any costs or fees associated with the GC or its activities related to importing
groundwater into the Basin and shall not be considered “members” of the GC as that term is used
in this Agreement. Ex Oficio participants may jointly execute a separate agreement with the
Conservation District that will provide for the annual payment of no more than 27.95% of costs
associated with the recharge of native waters.

4. COUNCIL MEETINGS AND ACTIONS

4.1 Initial Meeting. The initial meeting of the GC shall be held at a location
overlying the Basin within forty-five days (45) days of the Effective Date of this Agreement. At the
initial meeting the GC shall select a President to chair its meetings, a Vice President to serve if
the President is unavailable, a Secretary to record GC proceedings and actions, and any other
officers it deems appropriate to the successful and efficient conduct of its business.

4.2 Regular Meeting Schedule and Rules of Proceeding. The GC shall
establish a regular meeting time and place at its initial meeting. The GC may vote to change the
regular meeting time and place, provided that the new location remains at a place overlying the

Yucaipa Valley Water District - February 6, 2018 - Page 53 of 175