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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: January 20, 2011 <br />Action Agenda <br />Item No. ~ - IJ <br />SUBJECT: Water and Sewer Management, Planning, and Boundary Agreement <br />(WASMPBA) Clarification <br />DEPARTMENT: County Manager <br />Planning & Inspections <br />PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />Resolution and Transmittal Letter <br />(Attachment 1) <br />Background OWASA 12/9/2010 Request <br />(Attachment 2) <br />INFORMATION CONTACT: <br />Frank W. Clifton, Jr., County Manager, <br />245-2300 <br />Craig N. Benedict, Planning Director, <br />245-2575 <br />PURPOSE: To approve a resolution related to a clarification within the WASMPBA and a <br />transmittal letter. <br />BACKGROUND: The Water and Sewer Management, Planning, and Boundary Agreement <br />(WASMPBA) is a countywide utility management and boundary agreement adopted in 2001 <br />after years of local government and utility authority review. The agreement sets forth <br />important rules guiding land use, utility extension policies, management of water resources, <br />accountability, and the subject of this clarification, water transfer. <br />On December 9, 2010 the Orange Water and Sewer Authority (OWASA) forwarded a request <br />(Attachment 2) requesting a change in the WASMPBA to clarify emergency transfers and non- <br />emergency transfers. County staff reviewed the request and noted OWASA's new proposed <br />provision: <br />We recommend that the WASMPBA be clarified with the addition of the following <br />language as a new Subsection 3 to Section VILA (Emergency Water Transfers), <br />and that this language also be added to the existing text of Section VII. B (Non- <br />Emergency Water Transfers): <br />"These provisions do not apply to the treatment of and transfer of <br />water available through OWASA's Jordan Lake water supply <br />storage allocation for use by OWASA customers. Nothing herein <br />shall be construed to prevent OWASA from entering into <br />agreements as necessary to provide for water transfers to afford <br />OWASA access to its Jordan Lake allocation." <br />This clarifies the flexibility to transfer Jordan Lake water resource allocations through other <br />entities. Countv staff came to the conclusion that Orange Countv has similar interest to <br />