Amendment No. 1 to System Conservation Implementation Agreement
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SCIA No. 23-XX-30-W0778
Amendment No. 1
AMENDMENT NO. 1 TO SYSTEM CONSERVATION IMPLEMENTATION AGREEMENT
(SCIA) AMONG THE UNITED STATES BUREAU OF RECLAMATION, THE CENTRAL
ARIZONA WATER CONSERVATION DISTRICT, AND THE CITY OF GLENDALE TO
IMPLEMENT THE LOWER COLORADO CONSERVATION AND EFFICIENCY
PROGRAM (LC CONSERVATION PROGRAM)
1.
PREAMBLE SCIA No. 23-XX-30-W0778 dated July 10, 2023 ("SCIA"), to implement
the LC Conservation Program is amended by this Amendment No. 1, hereinafter referred to as
("SCIA Amendment No. 1 ") and entered into this _
day of ____ , 2025, by and between
the United States Department of the Interior, Bureau of Reclamation ("Reclamation"), acting
through the Regional Director of the Lower Colorado Basin Region of the Bureau of Reclamation,
the Central Arizona Water Conservation District ("CAWCD"), and the City of Glendale
("Glendale"), hereinafter referred to singularly as "Party" or collectively as "Parties" and pursuant
to the Act of Congress approved June 17, 1902 (32 Stat. 388), designated the Reclamation Act,
and acts amendatory thereof or supplementary thereto, the Act of December 21, 1928 ( 45 Stat.
1057), designated the Boulder Canyon Project Act, the Act of September 30, 1968 (82 Stat. 885),
designated the Colorado River Basin Project Act, the Colorado River Drought Contingency Plan
Authorization Act, Public Law 116-14 dated April 16, 2019, and the Inflation Reduction Act of
2022, Public Law 117-169 dated August 16, 2022;
WITNESSETH THAT:
2.
EXPLANATORY RECITALS
2.1
WHEREAS, the Parties entered into the SCIA whereby Glendale agreed to modify
its operations for calendar years 2023, 2024, and 2025 by reducing its scheduled delivery volume
from its Central Arizona Project ("CAP") water delivery schedule by up to 7,000 acre-feet of water
in calendar year 2023, up to 7,000 acre-feet in calendar year 2024, and up to 7,000 acre-feet in
calendar year 2025 under the conditions of and as provided within the SCIA and allow such volume
to remain in Lake Mead in exchange for financial compensation;
2.2
WHEREAS, the process for a Supplemental Environmental Impact Statement to
the 2007 Record of Decision was completed and on May 6, 2024, the Secretary of the Interior
signed the Record of Decision for the Supplement to the 2007 Colorado River Interim Guidelines
for Lower Basin Shortages and the Coordinated Operations for Lake Powell and Lake Mead;
2.3
WHEREAS,
Glendale notified Reclamation by
letter or email dated
l)ec.er,.~ :2,
, 2a2.!{, attached hereto as ("Exhibit A-1 ") that it desires to amend the SCIA to
create System Conservation Water in calendar year 2026 with the same terms and conditions as in
calendar years 2023, 2024, and 2025; and
2.4
WHEREAS, the Parties desire to amend the SCIA whereby Glendale agrees to
modify its operations to reduce its scheduled delivery volume by up to 7,000 acre-feet of water
from its CAP water delivery schedule in calendar year 2026 with the same terms and conditions
1
as in calendar years 2023, 2024, and 2025, and allow such volume to remain in Lake Mead in
exchange for financial compensation.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
Parties agree as follows:
3.
AMENDMENT TO SCIA
3.1
The SCIA is hereby amended as follows:
3.1.1
Section 3.3 of the SCIA is hereby superseded and replaced with the
following:
"3.
DEFINITIONS
3.3
Exhibit A and A-1 is a copy of Glendale's LC Conservation
Program proposal received by Reclamation on April 11, 2023, and a copy
of the letter or email dated DfCvml?U" J._
, 2fM!i. Exhibit A and A-1
are attached hereto and part of this SCIA."
3 .1.2
Section 4 of the SCIA is hereby superseded and replaced with the following:
"4.
PURPOSE
4.1
The purpose of this SCIA is for Reclamation to compensate
Glendale to reduce its scheduled delivery volume by up to 7,000 acre-feet
of Glendale's CAP water in calendar year 2023, within 30 days after
execution of this SCIA, in calendar year 2024 on or before October 1, 2023,
in calendar year 2025 on or before October 1, 2024, and in calendar year
2026 on or before October 1, 2025, thereby allowing such volume each
year to remain in Lake Mead as System Conservation Water. In the
absence of this SCIA, Glendale attests that it used the CAP water in
previous years, and it would have used the water in calendar years 2023,
2024, 2025, and 2026."
3 .1.3
Section 5 of the SCIA is hereby superseded and replaced with the following:
"5.
SYSTEM CONSERVATION IMPLEMENTATION
5.1
Implementation begins upon execution of this SCIA and
continues until all the terms and conditions are satisfied.
5.2
Within 30 days after execution of this SCIA, the authorized
representative of Glendale shall submit a written water delivery schedule to
Reclamation, with a copy to CAWCD, scheduling the full amount of its
CAP water entitlement, together with a written water delivery schedule
modification request to reduce Glendale's scheduled delivery volume by up
to 7,000 acre-feet for calendar year 2023 as that water is intended to remain
in Lake Mead pursuant to this SCIA.
2
5.3
Except as provided in Section 9.1.3 herein, on or before
October 1, 2023, the authorized representative of Glendale shall submit a
written water delivery schedule to Reclamation, with a copy to CA WCD,
scheduling the full amount of its CAP water entitlement, together with a
written water delivery schedule modification request to reduce Glendale's
scheduled delivery volume by up to 7,000 acre-feet for calendar year 2024,
or up to a volume as agreed to by the Parties, as that water is intended to
remain in Lake Mead pursuant to this SCIA.
5.4
Except as provided in Section 9.1.3 herein, on or before
October 1, 2024, the authorized representative of Glendale shall submit a
written water delivery schedule to Reclamation, with a copy to CA WCD,
scheduling the full amount of its CAP water entitlement, together with a
written water delivery schedule modification request to reduce Glendale's
scheduled delivery volume by up to 7,000 acre-feet for calendar year 2025,
or up to a volume as agreed to by the Parties, as that water is intended to
remain in Lake Mead pursuant to this SCIA.
5.5
Except as provided in Section 9.1.3 herein, on or before
October 1, 2025, the authorized representative of Glendale shall submit a
written water delivery schedule to Reclamation, with a copy to CA WCD,
scheduling the full amount of its CAP water entitlement, together with a
written water delivery schedule modification request to reduce Glendale's
scheduled delivery volume by up to 7,000 acre-feet for calendar year 2026,
or up to a volume as agreed to by the Parties, as that water is intended to
remain in Lake Mead pursuant to this SCIA.
5.6
Glendale's reduction of its scheduled CAP water delivery
volume by up to 7,000 acre-feet for calendar year 2023, up to 7,000 for
calendar year 2024, up to 7,000 for calendar year 2025, and up to 7,000 for
calendar year 2026, is intended to remain in Lake Mead to increase the
volume of water stored in Lake Mead."
3 .1.4
Section 6 of the SCIA is hereby superseded and replaced with the following:
"6.
MONITORING
6.1
Reclamation will use its ex1stmg water order approval
process and other authorities to ensure that Glendale's CAP water under this
SCIA is not ordered or used by other Colorado River water entitlement
holders during calendar years 2023, 2024, 2025, and 2026."
3.1.5
Section 8 of the SCIA is hereby superseded and replaced with the following:
"8.
PAYMENTS
3
8.1
For calendar years 2023, 2024, 2025, and 2026 Reclamation
will pay Glendale $400.00 per acre-foot of water reduced in its annual
delivery volume, a total payment not to exceed $2,800,000.00 for calendar
year 2023, a total payment not to exceed $2,800,000.00 for calendar year
2024, a total payment not to exceed $2,800,000.00 for calendar year 2025,
and a total payment not to exceed $2,800,000.00 for calendar year 2026.
8.2
The payments for each calendar year will be made by
Reclamation to Glendale no later than 60 days following receipt by
Reclamation of the Glendale's written water delivery schedule and
modification requests as provided in Sections 5.2, 5.3, 5.4, and 5.5 herein.
8.3
Glendale agrees that payment it receives under Section 8.1
above fully satisfies the United States' obligation to Glendale under this
SCIA and that no further payment from the United States will be required."
3.1.6
Section 9 of the SCIA is hereby superseded and replaced with the following:
"9.
ADDITIONAL COLORADO RIVER WATER DELIVERY
REDUCTIONS
9 .1
The Parties agree that changes to Lake Mead operations in
calendar years 2023, 2024, 2025, and potentially 2026, due to
implementation of shortage conditions under the 2007 Colorado River
Interim Guidelines for Lower Basin Shortages and Coordinated Operations
for Lake Powell and Lake Mead ("2007 Interim Guidelines") and the 2019
LBDCP and/or the Record of Decision for the Supplement to the 2007
Interim Guidelines for Lower Basin Shortages and the Coordinated
Operations for Lake Powell and Lake Mead dated May 6, 2024, may result
in additional Colorado River water delivery reductions during those years
in the Lower Basin.
Such additional Colorado River water delivery
reductions would require Reclamation to reduce approved water orders
which would impact the amount of System Conservation Water that can be
created by Glendale, paid for by Reclamation, and accounted for under this
SCIA as provided below.
9.1.1
Mid-Year Reductions: If Reclamation reduces the
available amount of CAP water for delivery to Glendale mid-year and
Glendale already reduced its scheduled water delivery volume by up to
7,000 acre-feet pursuant to Sections 5.2, 5.3, 5.4 or 5.5 herein, the Parties
agree that: (1) the amount of System Conservation Water created will be
accounted towards the additional Colorado River water reduction by
Reclamation and (2) Glendale will retain the payment made by Reclamation
as provided in Section 8 herein for the amount of System Conservation
Water created by Glendale as provided by Glendale's written water delivery
schedule modification request as required in Sections 5.2, 5.3, 5.4 or 5.5
herein, and Glendale will not be required to reimburse Reclamation as
required in Section 10 herein.
4
4.
9.1.2
For Calendar Years 2024, 2025, and 2026: If, prior
to the applicable calendar year, Reclamation reduces the available amount
of CAP water for delivery to Glendale in calendar years 2024, 2025 or 2026,
the Parties agree that: (1) only water available after such additional
Colorado River water delivery reduction in calendar year 2024, 2025 or
2026 can be used by Glendale to create System Conservation Water under
this SCIA (see Section 9.1.3 herein), and (2) Glendale's written water
delivery schedule modification request as required in Sections 5.3, 5.4 or
5.5 herein will be further amended by Glendale accordingly.
9.1.3 Water Available After The Additional Colorado River
Water Delivery Reduction: If Glendale has water available in calendar year
2024, 2025 or 2026 to create System Conservation Water after the required
additional Colorado River water delivery reductions are made by
Reclamation in those years, the Parties agree that, in accordance with
Section 5 herein: (1) Glendale may create System Conservation Water
under this SCIA for an acre-foot amount available after the required
Colorado River water delivery reduction, or (2) Glendale has the option to
not create System Conservation Water under this SCIA in which case
Glendale's written water delivery schedule modification request as required
in Sections 5.3, 5.4 or 5.5 herein would show O acre-feet for the creation of
System Conservation Water; therefore, no compensation would be paid to
Glendale by Reclamation. Glendale agrees that its written water delivery
schedule modification request as required in Sections 5.3, 5.4 or 5.5 herein
will reflect the outcome of either (1) or (2) above, and its written water
delivery schedule modification request as required in Sections 5.3, 5.4 or
5.5 herein will be further amended by Glendale accordingly.
9.1.4 Water Not Available After The Additional Colorado
River Water Delivery Reduction: If Glendale does not have water available
in calendar year 2024, 2025 or 2026 to create System Conservation Water
after the required additional Colorado River water delivery reductions are
made by Reclamation in those years, the Parties agree that, in accordance
with Section 5 herein, Glendale is not required to create System
Conservation Water under this SCIA; therefore, Glendale will not receive
compensation from Reclamation in that year under this SCIA. For example,
Glendale's written water delivery schedule modification request for
calendar year 2024 and/or 2025, as required in Sections 5.3, 5.4 or 5.5
herein, would show O acre-feet for the creation of System Conservation
Water; therefore, no compensation would be paid by Reclamation to
Glendale."
OTHER PROVISIONS UNAFFECTED
4.1
Except as expressly modified by this SCIA Amendment No. 1, all other provisions
of the SCIA remain in full force and effect.
5
5.
COUNTERPARTS
5.1
This SCIA Amendment No. 1 may be executed in counterparts, each of which will
be considered an original and all of which together constitute only one SCIA Amendment No. 1.
6.
EFFECTIVE DATE
6.1
This SCIA Amendment No. 1 shall become effective upon the date of its execution
by both Parties. Once effective, this SCIA Amendment No. 1 will remain in effect until all of the
terms and conditions are satisfied.
6.2
The Parties hereto have executed this SCIA Amendment No. 1 on the day and year
first written above.
Signatures next page.
6
Signatures continued next page.
SCIA No. 23-XX-30-W0778
Amendment No. 1
CITY OF GLENDALE
By: ---------------
Kevin R. Phelps, City Manager
7
By: ---------------
Julie K. Bower, City Clerk
By: ---------------
Michael D. Bailey, City Attorney
Approved as to form
Attest
Signatures continued next page.
SCIA No. 23-XX-30-W0778
Amendment No. 1
CITY OF GLENDALE
By:
Kevin R. Phelps, City Manager
7
By: ---------------
Julie K. Bower, City Clerk
By: ---------------
Michael D. Bailey, City Attorney
Approved as to form
Attest
Signatures continued next page.
SCIA No. 23-XX-30-W0778
Amendment No. 1
CITY OF GLENDALE
By: ------ - - - - - - --
Kevin R. Phelps, City Manager
7
By: ---------------
Julie K. Bower, City Clerk
By: ---------------
Michael D. Bailey, City Attorney
Approved as to form
Attest
Signatures continued next page.
SCIA No. 23-XX-30-W0778
Amendment No. 1
THE UNITED STATES OF AMERICA
By:
8
Jacklynn L. Gould, P .E.
Regional Director
Interior Region 8: Lower Colorado
Basin
Bureau of Reclamation
Approved as to form:
By: ----------
Jay M. Johnson
General Counsel
9
SCIA No. 23-XX-30-W0778
Amendment No. 1
CENTRAL ARIZONA WATER
CONSERVATION DISTRICT
By: -------------
Brenda Burman
General Manager
Sheldon, Megan
From:
Sent:
To:
Cc:
Subject:
Dan,
Sheldon, Megan
Monday, December 2, 2024 10:03 PM
Bunk, Daniel A; Swieczkowski, Drew; Reid, Alana; Serio, Ron
Dodds, Jeremy R.; Kirsch-Burke, Lesli Y; Dickson, Kerim E; DiDonato, Nancy; Thiemann,
Meghan S; Smith, Alexander B; Watkins, Kyle R; Figuers, Morgan L
RE: City of Glendale - Option to extend Bucket 1 SCIA
Yes, the City of Glendale is interested in extending the System Conservation Implementation Agreement to include
2026. Exact amount of water to be conserved in 2026 will vary, but the amendment can indicate the same volume (up
to 7,000 AF).
And yes, please provide a draft contract amendment. We will get started on the internal process so it can be presented
at a Council meeting in January or early February.
Thanks,
Megan
Glendale
A
I-!
fl l O t·J
;·,
Megan Sheldon
Deputy Director, Environmental Resources
Water Services Department
mst1eldon@glendaleaz.com
P 623.930.4115 I C 602.510.2362
7070 West Northern Avenue
Glendale, P<l.. 85303
'Ne impruw the lives of 1he peope we serve evety day_
Community • Integrity • Excellence • Innovation ■ Learning
From: Bunk, Daniel A <DBunk@usbr.gov>
Sent: Friday, November 29, 2024 12:31 PM
To: Swieczkowski, Drew <DSwieczkowski@GLENDALEAZ.COM>; Reid, Alana <AReid@GLENDALEAZ.com>; Sheldon,
Megan <MSheldon@GLENDALEAZ.COM>
Cc: Dodds, Jeremy R.<JDodds@usbr.gov>; Kirsch-Burke, Lesli Y <LKirsch@usbr.gov>; Dickson, Kerim E
<kdickson@usbr.gov>; DiDonato, Nancy <NDiDonato@usbr.gov>; Thiemann, Meghan S <mthiemann@usbr.gov>; Smith,
Alexander B <alexandersmith@usbr.gov>; Watkins, Kyle R <kyle.watkins@sol.doi.gov>; Figuers, Morgan L
<morgan.figuers@sol.doi.gov>
Subject: City of Glendale - Option to extend Bucket 1 SCIA
1
You don't often get emafl from dbunk@usbrgov. Learn why this is important
Hi Drew,
Reclamation is inquiring to see if the City of Glendale is interested in extending its Bucket 1 System Conservation
Implementation Agreement (SCIA) (attached) to include 2026.
If possible, please respond by Friday, December 6, 2024. We can set up time to talk and/or provide a draft contract
amendment for review.
Thanks,
Dan
Daniel Bunk
Area Manager I Boulder Canyon Operations Office
Interior Region 8: Lower Colorado Basin I Reclamation
(0) 702-293-80131 (C) 702-241-9582
dbunk.@.usbr._gov
-
BUREAU OF -
RECLAMATION
2
DiDonato, Nancy
From:
Sent:
To:
Cc:
Subject:
Hi Dan,
Swieczkowski, Drew < DSwieczkowski@GLENDALEAZ.COM >
Tuesday, April 11, 2023 2:34 PM
Bunk, Daniel A
Smith, Alexander B; Figuers, Morgan L; Figuers, Morgan L; DiDonato, Nancy
RE: [EXTERNAL] LC Conservation Program
Thanks for your response. We are looking at up to 7,000 AF in all three years.
I appreciate the drafting of the agreement for our consideration.
Best,
Drew
G
Glendale
Drew SWieczkowski
Water Resource Manager
Water Services Department
dswieczkowski@glendaleaz.com
P 623.930.411.3 I C 602.228.0483
7070s West Northern Ave.
Glendale, AZ. 85303
We improve the l!Ves of the people we serve every day.
Community • Integrity • E..xceHence • Innovation • Learning
From: Bunk, Daniel A <DBunk@usbr.gov>
Sent: Tuesday, April 11, 2023 2:17 PM
To: Swieczkowski, Drew <DSwieczkowski@GLENDALEAZ.COM>
Cc: Smith, Alexander B <alexandersmith@usbr.gov>; Figuers, Morgan L <morgan.figuers@sol.doi.gov>; Figuers, Morgan
L <morgan.figuers@sol.doi.gov>; DiDonato, Nancy <NDiDonato@usbr.gov>
Subject: RE: [EXTERNAL] LC Conservation Program
Hi Drew,
Thanks for your email and your interest in the LC Conservation Program. We can put together a draft agreement for your
consideration. Do you have an estimate of "up to" conservation amounts for 2023, 2024, and 2025 that we could
incorporate into the draft?
Thanks,
Dan
1
From: Swieczkowski, Drew <DSwieczkowski@GLENDALEAZ.COM>
Sent: Monday, April 10, 2023 9:29 AM
To: Bunk, Daniel A <DBunk@usbr.gov>
Subject: [EXTERNAL] LC Conservation Program
II
This email has been received from outside of DOI - Use caution before clicki~i~~l-i~ks, ~p;ni~g atta~h~~nts, or
responding.
Hi Dan,
The City of Glendale has excess water for calendar years 2023 to 2025 that we would like to conserve in Lake Mead. We
did not think that this would be possible due to the discussion of having mid-year cuts to our CAP water order in 2023
and the pending conditions on the Colorado River system.
Is it still possible to be considered for the LC Conservation Program? The amount would be between 4,000 AF to 9,000
AF/year. If not, do you have any other suggestions for conserving this water in Lake Mead.
Thanks,
Drew
Drew Swieczkowski
Water Resource Manager
Water Services Department
dswieczkowski@glendaleaz.com
P 623.930.411.3 I C 602.228.0483
7070s West Northern Ave.
Glendale, AZ. 85303
We impn:we the liVes of the people we save every day_
Communrry • Integrity • Excellence • Innovation • Learning
2