Loading...
HomeMy WebLinkAboutPotable Water Discharge Agreement with Boise Project Board of Control Boise Kuna Irrigation District and Nampa Meridian Irrigation District for Phase 2 Kingsbridge Subdivision 10 Mile Feeder Canal~~~ .; ~ ~ ,. ~. ~~ ~• ~,`ti ~~~ 'St .r z `_ ~• ~~ +, s r .~' ' ' ~~~~ ~ ~ City of N~eridian Potable Water Discharge Agreement ~~ .~. ~~ ~M n This A reement is made this ~ da of, 20 ~ between the Boise Project Board of Control and City of Meridian hereinafter referred to as the ~~Licensee(s)". WHEREAS, the Boise Project Board of Control, hereinafter referred to as "Board of Control", is the operating agent for the Boise-Kung Irrigation District, the Nampa and Meridian Irrigation District, the New York Irrigation District, the Wilder Irrigation District and the Big Bend Irrigation District, hereinafter referred to as "Districts", for certain irrigation works; WHEREAS, the Licensee(s), desires to discharge potable water from its system at Phase 2 of the Kingsbridge Subdivision into the Ten Mile Feeder Canal, which is maintained by the Board of Control, subject to the conditions contained In the Agreement; WHEREAS, the Board of Control is willing to license the use of the irrigation works operated and maintained by it, subject to the conditions contained in this Agreement; NOW, THEREFORE, IT IS AGREED THAT: 1. The Board of Control will allow a potable water discharge into the irrigation works described as the Ten Mile Feeder Canal at the approximate Station No. 213+90, .Sec. 28, T3N, R2E, subject to the following conditions. 2. The Licensee(s) must pay an administrative fee of $ 200.00 dollars and no cents to the Boise Project Board of Control. 3. The Licensee(s) will pay all additional costs of the Board of Control or the Districts caused in whole or in part by the Licensee's use of the irrigation works, including all increased costs of operation, maintenance and repair and all costs of operation, maintenance and re air necessary for Licensee(s) to utilize the facilities of the Board of p Control, 4. The Licensee(s) shall defend, indemnify and hold harmless the Board of Control, the Districts and the United States Bureau of Reclamation from an and all claims, costs, damages or expenses the Board of Control or any y . of the Districts or the United States Bureau of Reclamation may incur or become liable for on account of any injury to, or death of, any person, or an lama e to or destruction of, any real or personal property that may be y g caused in whole or in part by the Licensee(s)'s use of the irrigation works or arisin out of or in consequence of, the issuance of this Agreement. Such g claims ar llama es may include, but are not limited to, those arising from g breaks in the canal system, improper delivery of water and damage to the canal system. 5. The Licensee(s) is responsible for proper facilities to put the water into the irrigation works including an orifice type constant flow measuring device, and all facilities must be approved in advance as required by paragraph 13. 6. The Licensee(s) use of the irrigation works must be without damage to the irrigation works. 7. Operation and maintenance of the irrigation works will be by Board of Control employees only. Any operation or maintenance necessary by the Board of Control employees for the Licensee(s) use of the irrigation works will be at Licensee(s) expense. The Licensee(s) is prohibited from doing anything to the irrigation works without the approval of the Board of Control. 8. The Board of Control at its sole discretion may terminate this agreement at any time for any reason, with or without cause, by notice in writing to the Licensee(s) delivered at the address set out in paragraph 20. 9. By accepting this Agreement, the Licensee(s) for himself, his successors and assignees, does release and forever discharge the Board of Control, the Districts and the United States Bureau of Reclamation of any and all claims whatsoever which the Licensee may have or hereafter acquire and which the Licensee(s)'s successors and assigns hereafter can or may have against the Board of Control, the Districts and the United States Bureau of Reclamation for all losses and damages clamed against the Board of Control and the Districts arising out of or in any way relating to this Agreement, including but not limited to any and all damages arising from the damages to the Licensee(s)'s property, the interference with the contracts of the Licensee(s), the interference with the Licensee(s)'s use and enjoyment of his land, and the decrease in value of the Licensee(s)'s land or crops. 10. The Licensee(s) at his own expense shall obtain and ale with the Board of Control evidence of a policy of general comprehensive liability insurance, including automobile coverage, which policy must be approved by the Board of Control as to company, form and coverage, and which policy must fully protect the Board of Control and the Districts from any and all claims and risks in connection with any activity performed by the Licensees) by virtue of this Agreement, except for professional liability, which is covered elsewhere in this Agreement. Such policy must specifically name the Board of Control and the Districts as certificate holder there under and provide the following minimum coverage. Minimum Limits: Personal injury and property damages - $500,000 per occurrence. This general comprehensive liability insurance policy, including subsequent renewals, must be maintained in full force and effect at the Licensee(s)'s sole expense throughout the entire term of this Agreement. 11. This Agreement does not grant the right or authority to the Licensee(s) to construct, encroach or use any of the lands, easements or rights-of-way of the Board of Control or the Districts or any other parties other than the specific site location of the potable water discharge into the Ten Mile Feeder Canal as shown on sheet ~ b Kingsbridge No. 2 Subdivision construction drawings dated~~ 2~ • 2011 12. The Board of Control makes no warranty express or implied that the irrigation works are suitable for the purposes desired by the Licensee(s). 13. The Licensee(s) shall place no water into the irrigation works until specifically authorized after a proper inspection by a representative of the Board of Control. 14. The Licensee(s) shall give a two week written notice to the Board of Control each time the potable water is to be discharged into the Ten Mile Feeder Canal. 15. The Licensee(s) shall install a gate valve at the point of discharge into the Ten Mile Feeder Canal and the gate valve shall be lock closed with a Board of Control lock, until a notification of discharge has been requested by the Licensee(s) and accepted by the Board of Control. A specific start and end time must accompany the discharge request so the Board of Control will know what time to unlock and/or lock the system. 16. Discharges into the irrigation works shall be only during the non- irrigation season and only when there is no operation and maintenance being done within the Canal. Dischar es into the irri anon works shall consist only of water meeting 17. g g and federal water uality standards. There shall be no discharge of state q . azardous wastes hazardous substances or storm water. Licensee(s) shall h rovide water ualit sam le results upon request of the Board of Control. p q y p ~ immediate Failure to comply with this paragraph shall result in termination of this license. 18. The Board of Control may take such steps as are necessary to preserve irri ation works and revent damages without notice to the Licensee(s). g p The Licensee(s) authorizes the Board of Control to enter upon his property to shut off water flowing into the irrigation works to prevent damage. 19. This Agreement may not be assigned or transferred without the written consent of the Manager of the Boise Project Board of Control. 20. The Licensee(s) agrees to meet the requirements of all applicable rules, re ulations, ordinances and laws of local, state and federal authorities. g This A reement shall not constitute a waiver of any applicable g requirements. 21. Boise Project Board of Control has received a letter from Greg G. Curtis, Asst. Water Superintendent, Nampa ~ Meridian Irrigation District dated August 1St, 2011 that they have no objections to the flushin and/or discharge into the Ten Mile Feeder as long as the City of g Meridian contacts the Nampa & Meridian Irrigation District at least two weeks rior to flushing. This is needed do to the Ten Mile Feeder P discharging into the Ridenbaugh Canal. This is a requirement under this agreement. 22. Notices under this Agreement are sufficient if delivered to the Licensee(s) at the following address: ,.-~ l~,''t 5 ~~ r~~~~ 3 (telephone number) ;.~'"~"j i ~. i„ ~i' i MANAGER Boise Project Board o. Control ~~`~ ..~ LICENSEE LICENSEE STATE OF IDAHO) ss. County of ~ ~~ ) ~~ 20, before me the undersigned, a On this day of ~~ ~ ~~ Public in and for said State, personally appeared Notary } ~ ~ e to be the . .~ ~~; ~ ~ ~ ~~ known or identified to m ~ .~ of the City of Meridian, who executed the instrument n behalf of the said Cit of Meridian and acknowledged to me that he executed the o Y same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this. certificate first above itten _ s ~. a. NO ~~RY PUBL for Residin at: ~:~ C~l~.-'~ ... ~ _. . ~ ~~~;~ M Commission Expires ct~~ ~~ Y .- ~ 7 STATE OF IDAI~O) ~ ~~~ '~' ~~~ ~ ss. County of r ~~ ) da of . ~ .~ ~ ~ ~ -- , 20~, personally appeared On the ~_ y before me ~ ~~ ,,r_ ~~ ~ ~ ~ , to me known to be the official of the Boise Project Board of Control, who executed the within and foregoing instrument and J acknowled ed said instrument to be the free and voluntary act and deed of the said Board g of the uses and u oses therein mentioned, and on oath stated that he was authorized to p~ execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first ab ve wri en. N V ~ Y PUBLIC for Idaho ~~~~~~~~,,, t r ~~•~`` L ~ A k ~ Residing at: ~ : ~. ~+ ~~ ~ y r ~ ` w +..._ ~ ~~ r j 4 ~ A U ~~~ ~ a ~ V © • III J1 ~±• .~0 'a .,,~~r~ ~~,,,,, My Commission Expires: '~ - ~~_ ,~~--