MOU re Bartlett Dam Modification Feasibility Study
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Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
MEMORANDUM OF UNDERSTANDING
TO SUPPORT THE BARTLETT DAM MODIFICATION FEASIBILITY STUDY
AMONG VARIOUS PARTICIPATING ENTITIES,
SALT RIVER VALLEY WATER USERS' ASSOCIATION,
AND
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
August__, 2021
1.
PARTIES:
This nonbinding memorandum of understanding (“MOU”) to support the Bartlett Dam
Modification Feasibility Study is entered into by those entities listed in the Contact List of
Exhibit A (“Participating Entities”), the Salt River Valley Water Users' Association
(“Association”), and the Salt River Project Agricultural Improvement and Power District
(“District”). The Association and District are referred to collectively as “SRP.” SRP and the
Participating Entities are referred to collectively as “Parties.”
2.
BACKGROUND AND PURPOSE:
a.
The United States Department of the Interior’s Bureau of Reclamation
(“Reclamation”), in partnership with SRP, conducted an appraisal level
investigation called the Verde Reservoirs Sediment Mitigation Study to evaluate
options to restore capacity lost in SRP’s Verde River reservoirs due to sediment
accumulation, which impacts critical water supplies for central Arizona.
b.
Reclamation issued a draft report entitled “Verde Reservoirs Sediment Mitigation
Study Appraisal Report” in May 2021 (“Draft Appraisal Report”) recommending
that Reclamation:
i.
Seek/confirm authority to initiate a feasibility study to determine the
technical, environmental,
economic,
and
financial feasibility of
implementing one of two Bartlett Dam modification alternatives to enable
central Arizona to adapt water management to changing climate
conditions (“Bartlett Dam Modification Feasibility Study”);
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Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
ii.
Address topics identified in the Verde Reservoirs Sediment Mitigation
Study during the feasibility study process; and
iii.
Develop cost-share agreements necessary to support the successful
completion of the Bartlett Dam Modification Feasibility Study.
c.
Reclamation is expected to release a final appraisal report by the end of calendar
year 2021. The Parties support Reclamation’s recommendations as identified in
Subparagraph 2(b) and the initiation of the Bartlett Dam Modification Feasibility
Study to further evaluate alternatives for modification of Bartlett Dam to improve
management of water supplies of the Verde River, reduce the reliance on
groundwater, and help position central Arizona to manage extended droughts and
shortages created by climate change impacts on the Colorado, Salt, and Verde
River watersheds.
d.
The purpose of this MOU is to describe the cooperative efforts and roles and
responsibilities of the Parties related to supporting Reclamation in completing the
Bartlett Dam Modification Feasibility Study as recommended in the Draft
Appraisal Report. As described below, included in those cooperative efforts is the
formation and participation in a steering committee as described in Paragraph
5(d) (“Steering Committee”), and development of the following agreements: (1)
a cost-share agreement among the Participating Entities and SRP as described in
Paragraph 5(a) (“Nonfederal Participating Entities Cost-Share Agreement”), and
(2) the development of a cost-share agreement among SRP and Reclamation as
described in Paragraph 4(b)(i) (“SRP-Reclamation Cost-Share Agreement”).
3.
TERM AND TERMINATION:
a.
This MOU will become effective upon execution by the Parties and, unless
terminated under Subparagraph 3(b), will remain in effect until Reclamation
issues a final report for the Bartlett Dam Modification Feasibility Study.
b.
This MOU will terminate in the event that Reclamation issues a final Verde
Reservoirs Sediment Mitigation Study Appraisal Report that does not include a
recommendation to study the feasibility of Bartlett Dam modification alternatives.
c.
This MOU and the provisions of this MOU may only be modified upon mutual
written consent of the Parties.
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Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
4.
RESPONSIBILITIES:
a.
Mutual Responsibilities:
i.
The Parties will work cooperatively to develop the Nonfederal Participating
Entities Cost-Share Agreement.
ii.
The Parties will work cooperatively to form and participate in the Steering
Committee that is identified in Subparagraph 5(d) and will be further
described by the Nonfederal Participating Entities Cost-Share Agreement.
iii.
The Parties will support and assist Reclamation to conduct the Bartlett
Dam Modification Feasibility Study in the event that Reclamation
has/obtains authority to conduct this study as identified in the
recommendations noted in Subparagraph 2(b). This support and
assistance is expected to include funding of the Bartlett Dam Modification
Feasibility Study by some or all of the Participating Entities, as will be
specified by the Nonfederal Participating Entities Cost-Share Agreement.
The Parties will provide data and information relevant to analyses that may
include but are not limited to assessments of hydrology and climate
change, demand for use of water supplies, environmental and cultural
resources, economics, engineering, dam safety and flood control, and
recreation.
b.
SRP Responsibilities:
i.
SRP will work with Reclamation to develop the SRP-Reclamation Cost-
Share Agreement as a mechanism for SRP to pay the nonfederal cost-share
required for completing the Bartlett Dam Modification Feasibility Study in
the event that Reclamation has/obtains authority to conduct this study,
including the funds collected under the Nonfederal Participating Entities
Cost-Share Agreement, for completing the Bartlett Dam Modification
Feasibility Study.
ii.
SRP will consult with the Participating Entities on substantive decisions
related to Reclamation developing a plan of study for the Bartlett Dam
Modification Feasibility Study while it finalizes the Draft Appraisal Report.
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Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
SRP will be the single point of contact with Reclamation on behalf of the
Parties and will lead communications with Reclamation related to the
Bartlett Dam Modification Feasibility Study until the Nonfederal
Participating Entities Cost-Share Agreement is executed.
iii.
SRP will serve as chair of the Steering Committee.
c.
Participating Entities Responsibilities:
i.
Participating Entities will provide relevant data, information, opinions, and
analyses related to the Bartlett Dam Modification Feasibility Study as
reasonably requested by SRP or Reclamation in the event that Reclamation
has/obtains authority to conduct the Bartlett Dam Modification Feasibility
Study.
ii.
Participating Entities will serve on the Steering Committee as appropriate
to engage in collaboration and coordination with SRP to support
Reclamation’s completion of the Bartlett Dam Modification Feasibility
Study as will be further defined in the Nonfederal Participating Entities
Cost-Share Agreement.
iii.
Participating Entities will coordinate and collaborate with SRP in efforts to
communicate information related to the Bartlett Dam Modification
Feasibility Study with elected officials and other relevant stakeholders on
the project.
5.
DEVELOPMENT OF THE NONFEDERAL PARTICIPATING ENTITIES COST-SHARE
AGREEMENT:
a.
The Parties will collaborate to develop the Nonfederal Participating Entities Cost-
Share Agreement with a goal of execution in Fall 2021. The Nonfederal
Participating Entities Cost-Share Agreement will describe how nonfederal costs
will be allocated among SRP and any Participating Entities agreeing to share those
costs to provide nonfederal funding to Reclamation and any appropriate
contractors to conduct the Bartlett Dam Modification Feasibility Study in the event
that Reclamation has/obtains authority to conduct this study.
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Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
b.
As part of the process to develop the Nonfederal Participating Entities Cost-Share
Agreement, SRP and any Participating Entities agreeing to share the nonfederal
costs will collaborate to determine the relative shares of the non-federal cost
contribution in support of the Bartlett Dam Modification Feasibility Study in the
event that Reclamation has/obtains authority to conduct this study as
recommended in the Draft Appraisal Report. The Parties understand that any
cost-share contribution under the Nonfederal Participating Entities Cost-Share
Agreement does not guarantee capacity in a future Modified Bartlett Dam in the
event such a facility is constructed.
c.
The Nonfederal Participating Entities Cost-Share Agreement will be among SRP
and any Participating Entities agreeing to share the nonfederal costs and will
require those Participating Entities to submit funds to SRP for SRP to remit such
funds to any necessary contractors or to Reclamation through the separate
Reclamation-SRP Cost-Share Agreement.
d.
As part of the Nonfederal Participating Entities Cost-Share Agreement, the Parties
will establish the Steering Committee chaired by SRP to provide timely and
effective feedback and guidance to support Reclamation and any necessary
contractors in achieving the milestones necessary to complete the Bartlett Dam
Modification Feasibility Study in the event that Reclamation has/obtains authority
to conduct this study and to facilitate coordination in communications with
elected officials and other relevant stakeholders.
6.
AUTHORIZED REPRESENTATIVES
Within thirty (30) days after execution of this MOU, SRP and each Participating Entity shall
designate in writing to the other Parties an Authorized Representative and an Alternate
to administer this MOU on behalf of the designating party. Written notice of a change of
an Authorized Representative or Alternate shall be provided within thirty (30) days of
such change. The Alternate shall act only in the absence of the Authorized Representative.
Neither the Authorized Representatives nor the Alternates shall have authority to amend,
modify, or supplement this MOU. Agreements of the Authorized Representatives
pursuant to this MOU shall be in writing and signed by them.
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Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
7.
ADDITION AND WITHDRAWAL OF PARTICIPATING ENTITIES:
a.
Any Participating Entity may voluntarily withdraw from this MOU by providing
thirty (30) days written notice to the other Parties as provided in Paragraph 8.
b.
Additional Participating Entities may be added to this MOU by the Steering
Committee. Such additional Participating Entities may or may not (1) be parties
to the Nonfederal Participating Entities Cost-Share Agreement, or (2) participate
in the Steering Committee.
8.
ADDRESSES FOR COMMUNICATIONS:
a.
All notices and communications under this MOU shall be addressed to the
contacts set forth in Exhibit A. In the event Participating Entities are added to this
MOU by the Steering Committee as described in Subparagraph 7(b), the
Authorized Representatives shall update Exhibit A accordingly and distribute the
updated Exhibit A to all of the Parties.
b.
The Parties may change the addressee or address to which communications or
copies are to be sent by giving notice of such change of addressee.
[signatures on the following pages]
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
9.
SIGNATURES:
IN WITNESS WHEREOF, this MOU was executed by the Parties on the date first
hereinabove written.
SALT RIVER VALLEY WATER USERS'
ASSOCIATION
By:
Name: David C. Roberts
Title: Associate General Manager
Water Resources
APPROVED AS TO FORM
By:
Name: Patrick B. Sigl
Title: Supervising Attorney, Environment, Land
& Water Rights
SALT RIVER PROJECT AGRICULTURAL
IMPROVEMENT AND POWER DISTRICT
By:
Name: David C. Roberts
Title: Associate General Manager
Water Resources
APPROVED AS TO FORM
By:
Name: Patrick B. Sigl
Title: Supervising Attorney, Environment, Land
& Water Rights
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
ARIZONA WATER COMPANY
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
BUCKEYE WATER CONSERVATION AND
DRAINAGE DISTRICT
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CENTRAL ARIZONA GROUNDWATER
REPLENISHMENT DISTRICT
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF APACHE JUNCTION
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF AVONDALE
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF BUCKEYE
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF CHANDLER
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
TOWN OF GILBERT
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF EL MIRAGE
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF GLENDALE
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF GOODYEAR
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF MESA
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF PEORIA
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF PHOENIX
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF SCOTTSDALE
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF SURPRISE
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
CITY OF TEMPE
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
EPCOR USA, INC.
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
FORT MCDOWELL YAVAPAI NATION
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
ROOSEVELT WATER CONSERVATION DISTRICT
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
TOWN OF QUEEN CREEK
By:
Name:
Title:
APPROVED AS TO FORM
By:
Name:
Title:
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
MEMORANDUM OF UNDERSTANDING
TO SUPPORT THE BARTLETT DAM MODIFICATION FEASIBILITY STUDY
AMONG VARIOUS PARTICIPATING ENTITIES,
SALT RIVER VALLEY WATER USERS' ASSOCIATION,
AND
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
Exhibit A
Contact List
Arizona Water Company
Buckeye Water Conservation and Drainage District
Central Arizona Groundwater Replenishment
District
City of Apache Junction
City of Avondale
Town of Gilbert
City of Buckeye
City of Chandler
City of El Mirage
City of Glendale
City of Goodyear
City of Mesa
City of Peoria
City of Phoenix
City of Scottsdale
City of Surprise
City of Tempe
EPCOR USA, Inc.
Fort McDowell Yavapai Nation
Roosevelt Water Conservation District
Town of Queen Creek
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
MEMORANDUM OF UNDERSTANDING
TO SUPPORT THE BARTLETT DAM MODIFICATION FEASIBILITY STUDY
AMONG VARIOUS PARTICIPATING ENTITIES,
SALT RIVER VALLEY WATER USERS' ASSOCIATION,
AND
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT
Mailing Addresses
If to SRP:
Salt River Project
c/o Corporate Secretary
P.O. Box 52025
Phoenix, AZ 85072-2205
with a copy to:
Ronald J. Klawitter
Water System Projects Principal
Salt River Project
P.O. Box 52025
Phoenix, AZ 85072-2205
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to Arizona Water Company:
Arizona Water Company
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to Buckeye Water Conservation and Drainage District:
Buckeye Water Conservation and Drainage District
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to Central Arizona Groundwater Replenishment District:
Central Arizona Groundwater Replenishment District
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Apache Junction:
City of Apache Junction
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Avondale:
City of Avondale
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Buckeye:
City of Buckeye
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
_
If to City of Chandler:
City of Chandler
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to Town of Gilbert:
Town of Gilbert
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of El Mirage:
City of El Mirage
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Glendale:
City of Glendale
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Goodyear:
City of Goodyear
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Mesa:
City of Mesa
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Peoria:
City of Peoria
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Phoenix:
City of Phoenix
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Scottsdale:
City of Scottsdale
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Surprise:
City of Surprise
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to City of Tempe:
City of Tempe
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to EPCOR USA, Inc.:
EPCOR USA, Inc
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to FORT MCDOWELL YAVAPAI NATION:
FORT MCDOWELL YAVAPAI NATION
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to ROOSEVELT WATER CONSERVATION DISTRICT:
ROOSEVELT WATER CONSERVATION DISTRICT
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________
Memorandum of Understanding for Bartlett Dam Modification Feasibility Study
If to TOWN OF QUEEN CREEK:
TOWN OF QUEEN CREEK
c/o _____________
_________________
_________________
with a copy to:
________________
_________________
_________________
_________________