(11)AR 061609 MOU/Riverside - Laserfiche WebLink

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6. Wells 30 and 31 6.1 The parties have each made separate public records act requests to review documents regarding Colton Wells 30 and 31 and other Riverside wells. To ensure that each party received the needed documents, the parties agree to exchange lists of such needed documents. Upon receipt of such lists, the parties agree to meet to exchange and review the documents. Each party reserves the right, after reviewing the documents, to request further documents from the other party, and each party agrees to work cooperatively with the other party to make available for review all appropriate documents. 6.2 In the Wells 30 and 31 Dispute, Riverside has alleged that the operation of Wells 30 and 31 will have an adverse impact on certain Riverside wells and water resources. Riverside has requested that a pump test be performed, at Riverside's expense, using both Wells 30 and 31 and the Flume Wells. Although Colton is generally in agreement with the performance of such pump test, Colton has requested that Riverside provide a list of "thresholds" of impact that Riverside considers to be significant, as well as a "cafeteria" list of representative mitigation proposals. 6.3 Colton agreed to make Wells 30 and 31 available for a pump test referenced in Section 3.2 hereto, and the parties agreed that to work cooperatively to coordinate such pump test. The pump test was conducted between January 19 and January 23, 2009. The results were documented in a draft Pump Test Report (dated January 30, 2009) attached as Exhibit C and Colton has reviewed and provided minor comments to the document. A summary of Flume well impacts is attached as Exhibit D and the final Pump Test Report (dated March 26, 2009) has been produced and accepted; 6.4 While the parties make no acknowledgement as to "significance" of the impacts, based upon the results of the pump test: Riverside agrees to dismiss with prejudice the CEQA lawsuit to allow Colton to bring Wells 30 and 31 into operation for domestic water service. Such dismissal shall be filed with the Riverside Superior Court within five (5) working days of approval by both Cities of this agreement. The cost to conduct the pump test was $47,360 (per the invoice attached as Exhibit E). Based upon the impact thresholds provided by Riverside, the 40 -year impact on all the Flume Wells as a result of the operation of Wells 30/31 (at 3000 GPM) is approximately $29,240 (per attached impacts summary). Therefore, Riverside agrees to reimburse Colton the difference ($18,120) between the costs to conduct the pump test and the estimated 40 year impacts. Until the Riverside North Basin recharge facilities are operational or other mitigations are implemented, Colton will not operate Wells 30 and 31 such that the production from Wells 30 and 31 exceed 3000 gallons per minute, unless Colton has an emergency water supply shortage in Colton and Colton notifies Riverside that such production will exceed 3000 gallons per minute Likewise, Riverside will notify Colton if the production from the Flume wells exceeds 8000 gallons per minute.