2021-04-26-minutes-public-works-study-session

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bank. The rotational order among non -County entities will be determined by the order in which each non -County water bank first entered into a Contract with the County for Services for the Sale of Water Mitigation Certificates. g. After May 7, 2023, the County shall sell mitigation certificates from the County water bank and each non -County water bank on a rotational basis with each individual water mitigation certificate alternatively coming from water associated with the different County and non -County water banks. The rotational order will first be the County water bank and then the order in which each non -County water bank first entered into a Contract with the County for Services for the Sale of Water Mitigation Certificates. For example, if there were two -non County water banks, then the rotation would be as follows: (1) County, (2) Non -County Bank that was first to contract with the County, (3) Non -County Bank that was second to contract with the County, then repeat. The County may elect, at its own discretion, to forego certificate sales out of the County water bank. In areas for which the NGR Water Right has a "green zone" suitability and the other non -County water banks do not have the same "green zone" suitability, the County shall sell the NGR Water Right prior to selling any water from the County water bank. 2. Obligations of NGR a. NGR agrees to reserve 25 acre-feet of consumptive use water associated with the NGR Water Right for the County's use under this Agreement for the Term, defined below in paragraph 3. b. NGR shall not sell the NGR Water Right or other water associated with the NGR Trust Agreement for water mitigation certificates that could be obtained through the County's water banking program during the Term. However, NGR retains the remainder of the NGR Water Right and all other water associated with the NGR Trust Water Rights for its own use, and can sell or lease that water to other parties for any purposes other than water mitigation certificates that could be obtained through the County's water banking program. 3. Time of Performance. The term of this contract shall be for five (5) years beginning the Effective Date (the 'Term"), with possibility of extending the length of the term on the mutual written agreement of the Parties. 4. Compensation. The County shall pay NGR the amount received for each water mitigation certificate associated with the NGR Water Right sold, less the same administrative fee the County charges for sales of County water mitigation certificates, and less Five Hundred Dollars ($500.00) per water mitigation certificate forthe County's in -lieu fee (ILF) program which contributes funding from each certificate sold by the County to accounts dedicated to water supply and instream improvements, as described in the Settlement Agreement