(11)AR 061609 MOU/Riverside - Laserfiche WebLink

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D. Riverside has constructed the John W. North Water Treatment Plant, funded in part by a grant from the State of California (Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002), within the City of Grand Terrace. The Plant's operation requires that certain waste be discharged into the Grand Terrace sewer system, for disposal by Colton. On January 30, 2008, Riverside formally submitted its application to Colton for an industrial user discharge permit to allow for such discharge. To date, no such permit has been issued. E. Colton is a part owner (with the City of San Bernardino as part of a Joint Powers Authority ("JPA")) of the Regional Rapid Infiltration and Extraction ("RIX") Facility that discharges tertiary treated wastewater to the Santa Ana River. The RIX facility was designed to provide tertiary treatment for 40 MGD (million gallons per day) of secondary treated effluent through percolation and extraction of treated effluent. However, due to infiltration issues at the existing percolation basins, the RIX facility is not operating at design capacity. The JPA had contemplated a capacity restoration project that would bring sanitation ponds south along the Santa Ana River towards water wells within the City of Riverside. F. On June 13, 2008, Riverside initiated the case entitled City of Riverside vs. City of Colton, San Bernardino Superior Court No. CIVSS807782, alleging that Colton's environmental analysis under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA") of Wells 30 and 31 was inadequate and did not comply with CEQA (the "CEQA lawsuit"). Riverside has further indicated to Colton that it believes that the operation of Wells 30 and 31 will have an adverse impact on Riverside's adjacent water resources, including Flume Wells 2, 3, 4 and 6 (the "Flume Wells"). Collectively, this shall be known as the "Wells 30 and 31 Dispute." G. Colton has indicated a short term need for wastewater treatment to serve the southwestern portions of the city while it constructs the regional backbone infrastructure to serve these developing areas. Riverside has indicated a willingness to provide an interim service connection to their wastewater treatment facilities to allow development to proceed. WHEREAS, the Cities of Colton and Riverside desire to work together on these issues with the common goal of bettering the quality of life within the Inland Empire by protecting the water resources for their water customers. NOW, THEREFORE, in consideration of the above recitals that are incorporated herein, the parties hereto agree to the specific action items, terms and conditions as follows: 1. Riverside Groundwater Aquifer Storage and Recovery System (the "Recharge Project") 1.1 Riverside shall act as the lead agency for the Recharge Project, and Colton shall act as the responsible agency. Riverside and Colton will work cooperatively in identifying the potential environmental impacts of the Recharge Project and the methods of mitigating such impacts. After the issuance of a draft Environmental Impact Report by Riverside, but prior to Riverside's presentation of the Final EIR to its City 2