20230926 NAUSP Amendment No. 2 Glendale FINAL

Charlie E. Ester III 
Water Supply 
PAB38W | P.O. Box 52025 
Phoenix, AZ 85072-2025 
P: (602) 236.2587 
 
 
 
 
 
09/26/2023 
 
Drew Swieczkowski 
City of Glendale 
7070 W. Northern Ave. 
Glendale, Arizona 85303 
 
RE: The New River and Agua Fria Underground Storage Project (NAUSP) 
Intergovernmental Agreement (IGA) Amendment No. 2. 
 
Mr. Swieczkowski, 
 
This Amendment No. 2 to the NAUSP IGA amends and records the changes to Exhibit C, Storage 
Entitlements, between the Salt River Valley Water Users’ Association, Salt River Project 
Agricultural Improvement and Power District, and the Municipal Corporations of Avondale, 
Chandler, Peoria, and Glendale. The necessity for Amendment No. 2 arises from the conveyance 
of 18% of Chandler’s Storage Entitlement to Avondale with a closing date of June 30th, 2023. 
Amendments do not memorialize any temporary assignment of Storage Entitlement between the 
Participants pursuant to Section 7 or Section 30 of the IGA and shall indemnify and hold harmless 
any Participant not a party to the lease assignment. The Capitalized terms used in this 
Amendment No. 2 and not otherwise defined shall have the meaning set forth in the IGA dated 
August 4th, 2004, and Amendment No. 1 July 23, 2008 (“IGA”).  
 
Please review Amendment No. 2 and return the signed copies via certified mail. If you have any 
questions, please contact me (602) 236-2587. 
 
Sincerely, 
 
Charlie Ester 
Director, Water Supply 
 
cc:  Sharon Morris, SRP 
       Stan Lutz, SRP 
       Megan Sheldon, Glendale

1 
 
 
 
 
 
AMENDMENT NO. 2 
 
TO THE NEW RIVER AND AGUA FRIA UNDERGROUND 
STORAGE PROJECT INTERGOVERNMENTAL AGREEMENT 
AMONG 
SALT 
RIVER 
VALLEY 
WATER 
USERS' 
ASSOCIATION, SALT RIVER PROJECT AGRICULTURAL 
IMPROVEMENT 
AND 
POWER 
DISTRICT, 
AND 
THE 
MUNICIPAL CORPORATIONS OF AVONDALE, CHANDLER, 
PEORIA, AND GLENDALE 
 
This Amendment No. 2 ("Amendment"), dated this 28th day of August 2023, 
hereby amends the 
New River and Agua Fria Underground Storage Project 
Intergovernmental Agreement Among Salt River Valley Users’ Association, Salt River 
Project Agricultural Improvement and Power District, and the Municipal Corporations of 
Avondale, Chandler, Peoria, and Glendale d a t e d August 4, 2004, as amended July 23, 
2008 ("IGA"). Capitalized terms used in this Amendment and not otherwise defined 
shall have the meanings set forth in the IGA. 
 
RECITALS: 
 
WHEREAS, the New River and Agua Fria Underground Storage Project 
("NAUSP") was authorized by this IGA and the parties have been operating NAUSP for 
nineteen years; and 
WHEREAS, on June 30, 2023, the City of Avondale and the City of Chandler 
executed an Intergovernmental Agreement for the Conveyance of Rights in the New River 
and Agua Fria Underground Storage Project (“Conveyance Agreement”), conveying 
18.00% of the City of Chandler’s NAUSP Storage Entitlement to the City of Avondale. 
Therefore, pursuant to the Conveyance Agreement and Section 30.2 of the IGA, the parties 
want to amend Exhibit C of the IGA to reflect the changes in the City of Chandler’s NAUSP 
Storage Entitlement from 22.80% to 4.80%, and in the City of Avondale’s NAUSP Storage 
Entitlement from 10.00% to 28.00%; and 
WHEREAS, any amendment to the terms of the IGA must be in writing and be 
approved by all parties. 
NOW, THEREFORE, in consideration of the mutual covenants and provisions 
contained herein and other good and valuable consideration, the parties do hereby agree 
as follows: 
 
AGREEMENT: 
 
1. 
Exhibit C is hereby deleted in its entirety and replaced by the attached 
“Exhibit C (Revision Dated August 28, 2023).” 
 
2. 
Except as modified by this Amendment, all terms of this IGA, as previously 
amended, shall remain in full force and effect.

2 
 
 
3. 
This Amendment shall become effective upon execution by the Parties and 
shall remain in effect throughout the term of the IGA. 
 
IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to the 
New River and Agua Fria Underground Storage Project Intergovernmental Agreement 
Among Salt River Valley Users’ Association, Salt River Project Agricultural Improvement 
and Power District, and the Municipal Corporations of Avondale, Chandler, Peoria, and 
Glendale as of the date first set forth above. 
 
 
Attest and Countersign 
CITY OF AVONDALE 
 
 
 
 
 
 
By 
 
 
City Clerk 
 
 
Title: 
 
 
 
 
 
APPROVED AS TO FORM AND 
WITHIN THE POWER AND 
AUTHORITY GRANTED UNDER 
THE LAWS OF THE STATE OF 
ARIZONA TO THE CITY OF 
AVONDALE 
 
 
 
 
 
City Attorney

3 
 
 
Attest and Countersign 
CITY OF CHANDLER 
 
 
 
 
 
 
By 
 
 
City Clerk 
 
 
Title: 
 
 
 
 
 
APPROVED AS TO FORM AND 
WITHIN THE POWER AND 
AUTHORITY GRANTED UNDER 
THE LAWS OF THE STATE OF 
ARIZONA TO THE CITY OF 
CHANDLER 
 
 
 
 
 
City Attorney

4 
 
Attest and Countersign 
CITY OF GLENDALE 
 
 
 
 
 
 
By 
 
 
City Clerk 
 
 
Title: 
 
 
 
 
 
APPROVED AS TO FORM AND 
WITHIN THE POWER AND 
AUTHORITY GRANTED UNDER 
THE LAWS OF THE STATE OF 
ARIZONA TO THE CITY OF 
GLENDALE 
 
 
 
 
 
City Attorney

5 
 
Attest and Countersign 
CITY OF PEORIA 
 
 
 
 
 
 
By 
 
 
City Clerk 
 
 
Title: 
 
 
 
 
 
APPROVED AS TO FORM AND 
WITHIN THE POWER AND 
AUTHORITY GRANTED UNDER 
THE LAWS OF THE STATE OF 
ARIZONA TO THE CITY OF 
PEORIA 
 
 
 
 
 
City Attorney

6 
 
Attest and Countersign 
SALT RIVER VALLEY WATER USERS’ 
ASSOCIATION 
 
 
 
 
 
 
By 
 
 
Secretary 
 
 
Title: 
 
 
SALT RIVER PROJECT AGRICULTURAL 
IMPROVEMENT AND POWER DISTRICT 
 
 
 
 
 
 
By 
 
 
 
 
 
 
Title: 
 
 
 
 
 
APPROVED AS TO FORM AND 
WITHIN THE POWER AND 
AUTHORITY GRANTED UNDER 
THE LAWS OF THE STATE OF 
ARIZONA TO THE ASSOCIATION 
AND DISTRICT 
 
 
 
 
 
Attorney

7 
 
EXHIBIT C 
 
NEW RIVER AND AGUA FRIA RIVER UNDERGROUND STORAGE PROJECT  
 
STORAGE ENTITLEMENTS 
 
Participant 
Storage Entitlement % 
Association  
27.20 
Avondale 
28.00 
Chandler 
4.80 
Glendale 
20.00 
Peoria 
20.00 
TOTAL 
100.00 
 
 
Revision Date: June 30, 2023