File #: 21-446    Version: 1 Name:
Type: Resolution Status: Passed
File created: 8/12/2021 In control: Special City Council
On agenda: 8/30/2021 Final action: 8/30/2021
Title: Adopt City Council Resolution Approving the Revised Temporary Water Sharing Agreement Between the City of Fort Bragg and the Fort Bragg Unified School District
Indexes: Water Enterprise
Attachments: 1. RESO Revised Water Sharing Agreement, 2. Revised Temporary Water Sharing Agreement - Redline, 3. Revised Temporary Water Sharing Agreement - Final, 4. Public Comment 2B

Title

Adopt City Council Resolution Approving the Revised Temporary Water Sharing Agreement Between the City of Fort Bragg and the Fort Bragg Unified School District

 

Summary

The City Council originally approved the Water Sharing Agreement between the City of Fort Bragg and the Fort Bragg Unified School District on August 12. The School District considered the Agreement at its August 19, 2021 meeting and had concerns based on a public comment made at the August 12 City Council meeting regarding speculative impacts to surrounding wells. While the District was concerned with possible legal consequences from approving the Agreement, they voiced their commitment to assisting the community during this water emergency. At a special meeting of the School District on August 25, 2021, attended by the City Manager, the City's Public Works Director and the City's Water Law Counsel, the parties were able to agree on the language presented tonight that modifies what was approved by the City Council on August 12. 

 

The redline version of the Agreement provides the specific language changes, which provided for expanded indemnification and assurances from the City's legal counsel that the Agreement did not violate federal, state, local laws or regulations. City staff did review the public comment and concluded that legal wells within City limits are limited to irrigation uses and in almost all cases, water in the region moves above and below ground from East to West towards the Ocean and temporarily diverting the District's irrigation water use to City water supply had a low risk of harm to nearby wells.