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DRAFT – February 26, 2014 1 RECLAMATION DISTRICT NO. 108 WATER ALLOCATION POLICY FOR WATER YEAR 2014 Reclamation District No. 108’s (District’s) Sacramento River Settlement Contract (SRSC) with the United States Bureau of Reclamation (Reclamation) allows for the annual diversion of up to 232,000 acre-feet of Base Supply and Project Water as defined under the SRSC. Under the terms of RD 108’s SRSC, in Shasta Critical years (generally defined as years in which the annual unimpaired inflow into Shasta Lake is less than 3.2 million acre-feet), District’s supply is reduced by 25% to 174,000 acre-feet. Although there is no precedent for reducing the SRSC supply below 75%; Reclamation has announced an initial allocation for the 2014 water year of 40%. If the final SRSC remains at 40%, a procedure is required to reduce District demand to align with the decreased supply. The District adopted the following Water Allocation Policy for Water Year 2014 in order to maximize the use of available water in a fair and reasonable method to its water users. Based upon the foregoing, the District’s policy for the allocation of water during the 2014 water year is as follows: A. Establishment of Annual Water Requirements for Crops Applied water unit duties are established for the water use of each crop type grown in the District and are attached in Exhibit A. Dryland farming, defined as crops not irrigated by District water between April 1 to October 31, will be treated as a fallowed field. B. District Supply and Apportionment The District will estimate the total water supply available for the irrigation season by taking the SRSC contract supply less any shortages, adding available District groundwater pumping and recaptured water supplies, and then deducting a 20% buffer quantity. This calculated volume of water will be the amount the District will apportion on a pro rata basis to irrigable District lands. Irrigable District land acreages are defined for each field on the attached Exhibit B. C. Primary Allocations District landowners or their authorized agent may contract for any of their primary allocations using the attached Contract/Assignment Form (Exhibit C). Any excess water contracted by a landowner or their authorized agent, which is not used and/or assigned will be charged at the District’s volumetric rate for the unused portion. D. Assignment of Right Allocations to landowners may be assigned to others, in whole or in part, for use within the District using the Contract/Assignment Form (Exhibit C). Any water supply assigned to a water user or their authorized agent which is in excess of the water user’s demand as determined on the Water Budget Form (Exhibit D) will be charged at the District’s volumetric rate for the unused allocation unless the excess water is forfeited to the District before the Secondary Allocation.

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Page 1: RECLAMATION DISTRICT NO. 108 WATER … District adopted the following Water Allocation Policy for Water Year 2014 in order to ... attached 2014 Water Rate ... Reclamation District

DRAFT – February 26, 2014 1

RECLAMATION DISTRICT NO. 108

WATER ALLOCATION POLICY

FOR WATER YEAR 2014

Reclamation District No. 108’s (District’s) Sacramento River Settlement Contract (SRSC) with

the United States Bureau of Reclamation (Reclamation) allows for the annual diversion of up to

232,000 acre-feet of Base Supply and Project Water as defined under the SRSC. Under the

terms of RD 108’s SRSC, in Shasta Critical years (generally defined as years in which the annual

unimpaired inflow into Shasta Lake is less than 3.2 million acre-feet), District’s supply is

reduced by 25% to 174,000 acre-feet. Although there is no precedent for reducing the SRSC

supply below 75%; Reclamation has announced an initial allocation for the 2014 water year of

40%. If the final SRSC remains at 40%, a procedure is required to reduce District demand to

align with the decreased supply.

The District adopted the following Water Allocation Policy for Water Year 2014 in order to

maximize the use of available water in a fair and reasonable method to its water users. Based

upon the foregoing, the District’s policy for the allocation of water during the 2014 water year is

as follows:

A. Establishment of Annual Water Requirements for Crops

Applied water unit duties are established for the water use of each crop type grown in the

District and are attached in Exhibit A. Dryland farming, defined as crops not irrigated by

District water between April 1 to October 31, will be treated as a fallowed field.

B. District Supply and Apportionment

The District will estimate the total water supply available for the irrigation season by

taking the SRSC contract supply less any shortages, adding available District

groundwater pumping and recaptured water supplies, and then deducting a 20% buffer

quantity. This calculated volume of water will be the amount the District will apportion

on a pro rata basis to irrigable District lands. Irrigable District land acreages are defined

for each field on the attached Exhibit B.

C. Primary Allocations

District landowners or their authorized agent may contract for any of their primary

allocations using the attached Contract/Assignment Form (Exhibit C). Any excess water

contracted by a landowner or their authorized agent, which is not used and/or assigned

will be charged at the District’s volumetric rate for the unused portion.

D. Assignment of Right

Allocations to landowners may be assigned to others, in whole or in part, for use within

the District using the Contract/Assignment Form (Exhibit C). Any water supply assigned

to a water user or their authorized agent which is in excess of the water user’s demand as

determined on the Water Budget Form (Exhibit D) will be charged at the District’s

volumetric rate for the unused allocation unless the excess water is forfeited to the

District before the Secondary Allocation.

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DRAFT – February 26, 2014 2

E. Secondary Allocation

A secondary allocation will be made for any water that is not contracted or assigned by

the deadline for primary allocations. The secondary allocation volume will be

apportioned on a pro-rata basis to all landowners that (1) fully contracted their primary

allocation and (2) indicated on their Water Contract/Allocation Form (Exhibit C) a desire

to receive a secondary allocation should it be available. If necessary, additional

allocations may be completed using the method described above until all available water

is contracted or assigned.

F. Water Budgets

Water users or their authorized agent possessing contracted or assigned allocation

supplies will file a Water Budget Form (Exhibit D). The Water Budget Form shall

indicate the total available supply contracted or assigned to the water user and summarize

the total demand, including: field number(s), acreage(s), and applied water unit duty(ies).

To be able to maximize the acreage irrigated in the District, fields may be split into

smaller sizes than listed in Exhibit B. Split fields acreages shall be initially marked off by

the water user, then verified by District staff before delivery of water. The remaining

portion of a split field may either be dryland farmed, irrigated from non-District water

(ex. Groundwater), or fallowed. Crop unit duties are established by the District in Exhibit

A.

G. Water Application Process

As summarized on the Water Budget Form (Exhibit D) the water user or their authorized

agent will file an Application for Delivery of Irrigation Water During 2014 (Exhibit E).

Charges for water service are set annually by the Board of Trustees and are listed in the

attached 2014 Water Rate Schedule (Exhibit F). All water charges must be paid in

advance of water deliveries.

H. District Groundwater Wells

The District owns a number of groundwater wells that can be used to supplement the

District’s water supply. The District will take any necessary steps in order for the wells

to be used within the District for water year 2014. Water pumped from District owned

groundwater wells will first be offered to the lands where the groundwater well is

located, as per the groundwater well easements. Any groundwater used by the landowner

for the fields identified in the easement will be provided in addition to their initial

allocation. Any remaining District groundwater production capacity will be added into

the calculation for the primary allocation.

I. Wheeling of Groundwater - Private Wells

In order to assist District water users with access to private wells to use their well water

to irrigate District lands, the District will facilitate the transport of private well water

supplies in the District’s conveyance system subject to environmental and operational

considerations, and the terms of a Wheeling Agreement for Private Well Water Supply

(Exhibit G).

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Crop Acre-Feet/Acre

ALFALFA 4.50

BARLEY 2.00

BEANS 2.50

BUCKWHEAT 2.00

CANOLA 2.20

CARROTS 2.50

CLOVER 4.50

CONSERVATION 2.50

COTTON 3.30

CORN 6.00

GARLIC 1.50

MARKET VEG 2.50

MELONS 1.60

MILO 2.00

OATS 2.00

ONIONS 1.50

ORCHARDS 4.40

PASTURE 4.90

PUMPKINS 1.60

RICE - MEDIUM1 5.50

RICE - SHORT1 5.50

RICE - SWEET1 5.50

RICE - WILD1 5.00

SAFFLOWER 2.20

SOYBEANS 2.50

SUDAN GRASS 4.90

SUGAR BEETS 3.50

SUNFLOWERS 2.20

TOMATOES 2.30

VETCH 2.50

VINE SEEDS 1.60

WHEAT 2.00

Exhibit A - Applied Water Unit Duties

Reclamation District No. 108

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Reclamation District No. 108

Exhibit B - Irrigable District Land Acreage

Field

Number ACRES

Field

Number ACRES

Field

Number ACRES

Field

Number ACRES

001A-D 112.0 036-37 399.0 056J 165.0 067I 42.0

001B 98.0 038 195.0 056K 161.0 067J 49.8

001C-D 34.0 040 27.0 056L 160.0 068A 221.0

002 124.0 041-45 179.0 056M 132.0 068B 155.0

003 99.0 042 109.0 056N 106.0 068C 55.0

004 156.0 043 149.0 056P 85.0 069A1 118.0

005 37.0 044 129.0 056Q 65.0 069A2 111.0

006A 212.0 046 164.0 057A1 131.0 069A3 73.0

006B 37.7 047 186.0 057A2 127.0 069B 173.0

007-10 120.0 048 178.0 057A3 69.0 069C 189.0

008 42.3 049 167.0 057B 158.0 070 78.0

009 4.7 050 160.0 059A 228.0 071A 156.0

011 83.0 051 147.0 061 68.0 071B 144.0

012 30.0 052 45.0 062 81.0 072A 145.0

013 34.0 053AB 1 160.0 063 75.0 072B 147.0

015NE 62.0 053C 17.2 064A 166.0 073A 30.5

015NW 88.0 053D1 29.5 064B1 130.9 073B 51.8

015S 152.0 053D2 40.0 064B2 174.1 073C 60.0

016 83.0 053E 66.0 064C1 98.0 073D 41.0

017 85.8 053F 88.0 064C2 97.0 073E 6.0

018-20 104.5 053G 50.4 065A 46.0 073F 7.3

021 80.8 054A 200.0 065B 163.0 073G 18.9

022 151.0 054B 110.0 065C 98.0 073H 6.8

023 79.0 055A1 138.0 065D 171.0 073I 33.0

024-25N 165.0 055A2 121.0 065E 66.0 074 182.0

024-25S 152.0 055B1 118.0 065F 82.0 075 182.0

026 218.0 055B2 120.0 065G 126.0 076A 108.0

027A 122.0 055C1 119.0 066A 154.0 076B 101.0

027B 91.0 055C2 117.0 066B.2 75.8 076CE 105.0

028 5.0 055D 120.0 066B.1 0.0 076CW 80.0

029 21.0 055E 123.0 066C 99.2 076D 82.0

030 61.0 056A 117.0 066D 59.4 076E 80.0

031A 88.0 056B 128.0 067A 204.0 077A 303.5

031B 71.0 056C 120.0 067B 137.0 077B 307.0

032 83.0 056D 129.0 067C 108.0 077C 7.7

033A 6.0 056E 142.0 067D 111.0 078A 151.0

033B 18.0 056F 140.0 067E 180.0 078B 155.0

033C 6.0 056G 172.0 067F 38.0 079A 70.0

034 155.0 056H 165.0 067G 64.0 079B 74.0

035 194.0 056I 166.0 067H 54.0 080 148.0

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Reclamation District No. 108

Exhibit B - Irrigable District Land Acreage

Field

Number ACRES

Field

Number ACRES

Field

Number ACRES

Field

Number ACRES

081A 153.0 093B 71.8 101A 94.0 110J 214.2

081B 150.0 093C 149.7 101B 214.0 110K 236.9

081C 164.0 093D 157.0 101C 298.0 110L 269.5

081D 124.0 093E 149.7 102A 177.0 110S 86.0

081E 133.0 093F 155.0 102B 114.0 111A 44.0

081F 160.0 094A1 21.0 102C 143.0 111B 91.0

082 119.0 094A2 116.0 102D 174.0 111CD 154.0

083 122.0 094A3 118.0 102E 132.0 111E 180.0

084 126.0 094A4 54.0 102F 129.0 111F 201.0

085A 154.0 094B 284.0 102G 166.0 111G 212.0

085B 146.0 095 288.6 102H 64.8 111H 126.0

085C 148.0 096AE1 112.5 102J 89.8 111J 52.0

085D 138.0 096AE2 112.5 103A 205.0 111K 35.0

085E 143.0 096AW1 112.5 103B 86.0 111L 25.0

085F 156.0 096AW2 112.5 103C 20.0 111M 116.0

085G 149.0 096B 450.0 104A 117.0 111N 45.1

086A 151.0 097A 230.0 104B 93.0 112A 200.2

086B 149.0 097B 220.0 104D 99.0 112B 113.3

087A 224.8 097C 264.0 105 153.0 112C 90.5

087B 149.7 097D 346.0 106 0.0 114A 105.3

088 214.0 098A1 226.0 106A 104.0 114B 53.6

089A 169.0 098A2 125.0 106B 52.4 115 140.8

089B 112.0 098B 218.0 106C 123.9 116A 33.0

090A 56.0 099A 158.0 106D 69.8 116B 65.0

090B 137.0 099BC 325.0 106E 53.6 116C 68.7

090C 107.0 100A 188.0 106F 97.6 116D 90.2

091A 69.7 100B 219.0 106G 78.6 116E 13.8

091B 146.0 100C 30.0 106H 137.4 116F 9.4

092A1 106.0 100DE 300.0 107A 110.6 117A 24.1

092B2 238.0 100F 239.0 107B 114.5 117BCD 73.5

092C1 103.0 100G 99.5 107C 34.5 117E 19.3

092C2 113.0 100H 235.0 107D 218.0 117F 8.9

092D 140.0 100J-1 100.0 107E 146.3 117G 4.0

092E 244.0 100J-2 100.0 107F 111.0 118AE 16.0

092F1 40.0 100K 51.3 110A 105.8 118AW 35.0

092F2 41.0 100L1 120.0 110B 23.6 118B 5.9

092F3 35.0 100L2 240.0 110C 121.0 119A 73.4

092F4 43.0 100M-1 123.0 110D 120.7 119B 5.5

092F5 28.2 100M-2 116.0 110E 110.7 119C 86.4

092F6 24.0 100M-3 81.0 110F 102.6 119D 85.9

093A 71.0 100N 109.0 110G 76.4 120AB 31.0

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Reclamation District No. 108

Exhibit B - Irrigable District Land Acreage

Field

Number ACRES

Field

Number ACRES

Field

Number ACRES

121B 47.7 135B 37.1 215E 82.0

121C 49.9 192EN 140.0 215W 73.0

121D 56.6 192ES 172.0 216E 147.0

121J 148.0 192W 71.3 216W 148.0

121K 70.7 193EW 157.0 217E 176.0

121L 111.2 194EW 136.0 217W 179.0

121M 76.5 195EW 103.0 218E 173.0

121N 43.3 196EW 147.0 218W 166.0

121P 52.7 198EN 93.0 219E 150.0

121R 160.3 198ES 99.0 219W 152.0

122A 16.5 198WN 125.0 220E 67.0

122B-E 24.5 198WS 134.0 220W 63.0

122B-W 58.5 199EW 149.0 221E 156.0

123A 68.2 200EW 107.0 221S 73.0

123B 21.8 201EW 110.0 221W 155.0

123C 36.3 202EW 151.0 222E 175.0

124-A 68.1 203-4 273.0 222W 178.0

125A 170.0 205C 127.0 TOTAL 47,550.0

125B 42.0 205E 162.0

126 9.5 205W 128.0

127 9.5 206SW 61.0

128 18.0 207E 123.0

129 70.2 207W 126.0

130 17.3 208E 132.0

131AE 64.0 208W 132.0

131AWN 73.8 209E 118.0

131AWS 70.2 209W 100.0

131B 15.4 210E 119.0

131C1 0.0 210W 127.0

131C2 46.0 211C 166.0

131D 74.0 211E 145.0

131E-1 39.0 211SE 23.0

131E-2 39.0 211SWE 22.0

131E-3 39.0 211SWW 25.5

131F 74.0 211W 177.0

132 5.5 212E 174.0

133AE 60.0 212W 175.0

133AW 64.0 213E 154.0

133B 75.0 213W 154.0

134 39.0 214E 93.0

135A 36.3 214W 84.0

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Reclamation District No. 108

Exhibit C – Water Contract/Assignment Form

Nothing herein contained is intended to guarantee a supply of water to lands within Reclamation District No. 108 (District). The availability of water is subject to: (1) the District’s water rights, (2) the District’s water supply contract with the US Bureau of Reclamation, (3) limitations imposed by regulatory agencies, and (4) necessary maintenance and improvement work on the irrigation and drainage systems.

(A) (B) (A x B)

District Field Number

Split Field

Area Accepted for Initial Allocation1

(Acres)

February 20, 2014 Initial Allocation

(AF/Acre) Water Supply

(AF)

2.17

2.17

2.17

2.17

2.17

2.17

2.17

2.17

2.17

2.17

2.17

2.17

2.17

Total Water Supply Contracted/Assigned

1Maximum acreage shown in Exhibit B of the District’s Water Allocation Policy The undersigned being the authorized agent for the landowner(s) of said fields in Reclamation District No. 108, and is authorized to manage the water supply for the 2014 water year hereby,

Contract with the District for the use of the water supply as summarized above.

Assign the water supply as summarized above to __________________________________________.

If further supply becomes available to the District, I request a Secondary Allocation.

Authorized Agent Date

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Reclamation District No. 108

Exhibit D – Water Budget Form

Nothing herein contained is intended to guarantee a supply of water to lands within Reclamation District No. 108 (District). The availability of water is subject to: (1) the District’s water rights, (2) the District’s water supply contract with the US Bureau of Reclamation, (3) limitations imposed by regulatory agencies, and (4) necessary maintenance and improvement work on the irrigation and drainage systems.

TOTAL SUPPLY FROM ALL WATER CONTRACT/ASSIGNMENT FORMS ___________________ AF

(A) (B) (A x B)

District Field Number

Split Field Crop

Irrigated Area1

(Acres)

Applied Water Unit

Duty2 (AF/Acre)

Water Demand

(AF)

Total Water Demand

1Maximum acreage shown in Exhibit B of the District’s Water Allocation Policy 2Applied water unit duties are defined in Exhibit A of the District’s Water Allocation Policy

The undersigned being the authorized agent for the Water User(s) of said fields in Reclamation District No. 108, certify the Total Water Demand summarized above is less than or equal to the Total Water Supply contracted and/or assigned.

Authorized Agent Date

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RECLAMATION DISTRICT NO. 108 EXHIBIT E -APPLICATION FOR DELIVERY OF IRRIGATION WATER DURING 2014

The undersigned Water User hereby applies for delivery of irrigation water during 2014 to the fields listed below, subject to the District’s Rules and Regulations, and agrees to comply with the Rules and Regulations and to pay the charges for water and excess drainage, established by the Board of Trustees, in the manner set forth below. No water will be delivered prior to completion of the Water Contract/Assignment and Water Budget Forms as per Reclamation District No. 108’s Water Allocation Policy for Water Year 2014 and a signed release of claims agreement. Water Service Charges Charges for water service are set annually by the Board of Trustees and are listed in the 2014 Water Rate Schedule. All water charges must be paid in advance of water deliveries in accordance with the following schedule:

(a) IRRIGATION OF RICE CROP: Due and payable in three equal installments as follows:

1st Installment - Prior to initial delivery of water. 2nd Installment - Not later than July 1. 3rd Installment - Not later than August 15. Invoices will be mailed to Water Users for only the 2nd and 3rd installments.

Payment Delinquencies If any installments are not paid by the date due, the charges are considered to be delinquent and a penalty of five percent (5%) will be added to the balance owing. At the end of each thirty (30) day period following the date of delinquency, interest at the rate of one percent (1%) will accrue on the delinquent charges until the full amount, including penalties and interest is paid. The District may discontinue delivery of water and refuse further delivery of water to the field or fields until all monies owing are paid in full.

(b) IRRIGATION OF GENERAL CROPS: Due and payable prior to each irrigation.

Water Users are encouraged to deposit funds with the District for advance payment of irrigation water charges. Field # Acres Crop/Variety Irrig Type ________ _______ ___________ _____ Water User:________________________________________ (Please Print)

________ _______ ___________ _____ Address:___________________________________________

________ _______ ___________ _____ ___________________________________________________

________ _______ ___________ _____ SIGNATURE:_______________________________________

________ _______ ___________ _____ PRINT NAME:______________________________________

________ _______ ___________ _____ Date:______________________________________________

________ _______ ___________ _____ Telephone No. _____________ Fax No.________________

________ ________ ___________ _______ Field Contact Person:_______________________________

________ ________ __________ _______ Mobile No._______________________________________

Prepaid Amount: $_______________ Check Number: _________

P.O. BOX 50, GRIMES, CA 95950 (530)437-2221 FAX(530)437-2248

NOTE: Water User Must Report the Beginning Meter Reading Prior to the Start of Water

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Approved by Board of Trustees January 2014 – Adopt Budget

RECLAMATION DISTRICT NO. 108

Exhibit F - 2014 WATER RATE SCHEDULE GRAVITY WATER SERVICE Lands served by direct diversion of water from District’s irrigation facilities.

Rice Crop $68.20 per acre per season (three installments)

All Other Crops $ 16.80 per acre for first irrigation

$ 9.65 per acre for each subsequent irrigation

Per Acre-Foot $15.15 per acre-foot of metered water (must be approved meter and installation) LANDOWNER PUMP WATER SERVICE

Lands served by landowner’s relift pumping unit(s) from District’s irrigation facilities.

Amounts in Dollars Per Acre Static Lift Rice Crop Rice All Other Crops in Feet (a) Installment First Subsequent

Irrigation Irrigation 2 64.86 21.62 16.23 9.31

3 63.18 21.05 15.95 9.15

4 61.51 20.50 15.68 8.99

5 59.84 19.94 15.40 8.83

6 58.17 19.38 15.13 8.67

7 56.50 18.83 14.85 8.51

8 54.82 18.27 14.58 8.35

9 53.15 17.71 14.30 8.20

10 51.48 17.16 14.03 8.03

11 49.81 16.60 13.75 7.88

12 48.14 16.04 13.48 7.71

13 46.46 15.49 13.20 7.56

14 44.79 14.93 12.93 7.39

15 43.12 14.37 12.65 7.24

18 38.10 12.69 11.83 6.75

(a) Differential level from median canal water surface to one foot above high point of field.

Payment for water service must be made in advance of water delivery.

First Irrigation is defined as the first irrigation of the year per field (not crop). Subsequent Irrigation is all irrigations after the first irrigation for the balance of the year. Crops planted in the prior year and irrigated through the following year will be considered on

a field-by-field basis. Pre-irrigation of a field for the following year’s crop will be charged as a Subsequent

Irrigation. However, if the pre-irrigation is applied prior to October 1, it will be charged a higher special rate that includes the District’s cost of Project Water.

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RECLAMATION DISTRICT NO. 108 Exhibit G - Wheeling Agreement for Private Well Water Supply

THIS AGREEMENT made and entered into as of this ____ day of ___________, 2014, by and between RECLAMATION DISTRICT NO. 108, hereinafter referred to as “District,” and __________________________, hereinafter referred to as “Water User.”

RECITALS

WHEREAS, Water User’s real property is specifically described in Exhibit A attached hereto and made a part hereof; and

WHEREAS, during the 2014 irrigation season Water User wishes to utilize the District conveyance system to convey their private well water supply; and

WHEREAS, in order to transport Water User’s private well water supply it is necessary to commingle District’s water supply with Water User’s water supply in District’s water conveyance facilities.

NOW THEREFORE, the parties do hereby agree as follows:

1. Recitals The recitals contained herein are an integral part of this agreement.

2. Description of Water User’s Land Water User’s real property, hereinafter referred to as “land” is more particularly described in Attachment A.

3. Isolated Water Supply Inlet to the Land Water User’s land shall have only one water supply inlet into Water User’s land and be isolated so that no water can reach Water User’s land from any other check or water supply source.

4. Inspection of Facilities Granted by Water User to District Water User understands and agrees that by executing this agreement, Water User is not relieved of the obligation to comply with and cooperate with both the District and the District’s Rules and Regulations. Likewise, permission is granted by Water User to District’s officials, agents, employees, and consultants to go upon Water User’s land at any time for the purpose of reading meters or other forms of measuring devices installed upon Water User’s well and well facilities, maintaining said measuring devices, and removing water measurement data. District shall have complete control of the inlet structure to the land and all measuring facilities. Water User shall cooperate in keeping meters or measuring devices free of debris or other foreign material that would produce an inaccurate measurement.

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5. Wheeling Option #1: Metered Well Discharge into District Facilities and

Metered Flow back into Water User’s Land (Equal Flow) This option may be used when Water User wishes to use the District’s conveyance system to convey well water to another location, but does not intend to use any District surface water to grow the crop on the land where the well water is discharged back onto water user’s land. In order to ensure that none of the District’s water is supplied to Water User’s land, Water User shall, at Water User’s own expense, provide a totalizing meter at Water User’s well discharge and a second meter at the outlet of District’s water conveyance facility into Water User’s land. Both meters must be of a type approved by District and installed in a manner approved by District. Total water pumped from Water User’s groundwater supply in 2014 shall be 110 percent of Water User’s groundwater supply delivered to Water User’s land. In the event water pumped by Water User falls below 110 percent of the water delivered to the land, District shall reduce its flow into Water User’s real property to compensate for the reduced percentage of water delivered by Water User’s pumping facility. Water Users that choose to use Option #1 must complete Attachment B of this Agreement.

6. Wheeling Option #2 – Water User to Pump Crop Unit Duty

This option may be used when water user has insufficient surface water to plant the desired acreage in a field, and in order to plant the desired acreage, a combination of District surface water and water user’s well water must be used. Under this option, Water User may elect to pump the sum of 120 percent of the unit duty of water assigned by the District for the applied water use of the crop upon that portion of the land that is to use the Water User’s well water during the irrigation season. Such well water shall be pumped by Water User at times specified by the District’s Water Operations Department for the area where Water User’s groundwater supply and pumping facility is developed and according to a schedule set or developed by the District. If there is no agreement by Water User with the District’s Water Operations Department for pumping and supplying water to District on a full-time basis, then Water User shall supply water at least during the months of July and August of the irrigation season. The use of District’s water upon Water User’s land may be in advance of the pumping of the well, provided that District approves of Water User’s pumping schedule as adequate to pump and supply the full amount of water required to be delivered by the Water User to District. Water Users that choose to use Option #2 must complete Attachment C of this agreement

7. Well Specifications Water User’s well must meet the minimum specifications as set forth in Attachment D of this Agreement.

8. Indemnification and Hold Harmless Water User shall indemnify, defend and hold the District, its employees, officers, directors, agents, and consultants free and harmless from any and all claims, damages, expenses, liability, or costs of whatsoever nature incurred or suffered by District, its employees, directors, agents, officers, and consultants which arise from or are in any way related to the work performed by Water User

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or actions of District, except that Water User shall not be obligated to indemnify District for the sole negligence or willful misconduct of District. The terms and provisions of this clause to the agreement shall apply regardless of whether the District, its employees, directors, agents, officers, or consultants are claimed to be or may have been negligent or have unreasonably failed or omitted to take action.

9. Attorney Fees In the event of a lawsuit or other legal proceeding arising out of this agreement or related to the subject matter of this agreement (including, but not limited to, an action to enforce any terms of this Agreement), the prevailing party shall recover from the other party fees and reasonable costs incurred in connection with such action or proceeding, including attorney’s fees.

10. Renewal

This agreement does not automatically renew at the end of the 2014 irrigation season, which ends on October 31, 2014. Water User has no right to renegotiate or continue the terms of this agreement, or to commingle Water User’s groundwater supply with District’s water supply beyond the end of the 2014 irrigation season.

11. Entire Agreement

District and Water User understand and agree that the terms and provisions of this agreement constitute the entire agreement of the parties and may not be modified or altered except by further written agreement of the parties.

12. Assignment

The parties agree that this agreement may not be assigned without first obtaining the written consent of the District.

13. Binding

The terms and provisions of this agreement are binding upon the heirs, successors in interest, and assigns of all parties hereto.

IN WITNESS WHEREOF the parties hereto have executed their names on the date first written above.

___________________________________________ ______________________

RECLAMATION DISTRICT NO. 108 DATE

___________________________________________ ______________________

WATER USER DATE

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Attachment A

Map of Water User’s Land

Water User should attach a map depicting the location of the wells that will be pumped pursuant to this Agreement and identify the field(s) and crop(s) that will be served under this Agreement. If Option #2 is chosen, Water User should indicate which portion of each field will receive District surface water and which portion will be served with Water User’s well water.

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Attachment B

Information Required for Option #1 – Metered Well Discharge into District Facilities and Metered Flow back onto Water User’s Land

Location of Water User’s well:_____________________________________________

Type of well power (diesel/electric):________________________________________

Horsepower of well:_______________________________________________________

Well output (GPM of CFS):__________________________________________________

Location of well discharge into District facility:______________________________

Parcel/field number(s) of lands to be served:________________________________

District gate number where water will be delivered:__________________________

Approximate distance between well and lands to be served:__________________

Amount of water to be pumped (acre-feet):__________________________________

Amount due for Option #1 (see paragraph #8):_______________________________

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Attachment C

Information Required for Option #2 – Water User to Pump Crop Unit Duty

Location of Water User’s well:_____________________________________________

Type of well power (diesel/electric):________________________________________

Horsepower of well:_______________________________________________________

Well output (GPM of CFS):__________________________________________________

Location of well discharge into District facility:______________________________

Parcel/field number(s) of lands to be served:________________________________

District gate number where water will be delivered:__________________________

Approximate distance between well and lands to be served:__________________

Approximate distance between well and lands to be served:__________________

Number of acres to be planted with well output:_____________________________

Crop that will be irrigated with commingled water:__________________________

Crop unit duty:______________________________________________________

Amount of water to be pumped (acre-feet):__________________________________

Amount due for Option #1 (see paragraph #8):_______________________________

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Attachment D

Well Specifications

All Water User wells used pursuant to this Wheeling Agreement for Private Well Water Supply must meet the following minimum standards before pumping commences:

Safety Criteria Selected wells must comply with current Industrial Safety Standards. Required safety measures include but are not limited to the following:

1. Engines and gear-drives must be equipped with driveline, belt and pulley

guards. 2. Engines must have drip/catch pans in place and maintained, at all times,

where fuels, oils or greases are present. 3. Access to meters, well sounding tubes, and water quality sampling sites

must be unobstructed by moving parts, heat exchangers, sharp objects and slippery surfaces.

Flow Measurement Specifications The production well outlet conduit must be equipped with a flow meter that meets the following criteria:

1. The flow meter must record instantaneous flow rate and cumulative volume pumped to a ±5% manufacturer’s certified accuracy.

2. Be installed a minimum of ten pipe diameters downstream of the well outlet and a minimum of five pipe diameters downstream of the pipe outlet.

3. The flow register must be accessible to District staff for inspection at any time.

4. Discharge to other points on laterals and private systems with demand large enough for the well to operate continuously.