2019-837 Planning - NCDEQ Jordan Lake Water supply

Browse Search

CONTRACT BETWEEN THE STATE OF NORTH CAROLINA AND ORANGE COUNTY FOR WATER SUPPLY STORAGE IN B . EVERETT JORDAN LAKE This contract (" Contract") , entered into by and between the STATE OF NORTH CAROLINA (" State ") and ORANGE COUNTY ("Allocation Holder") ; WITNESSETH THAT : WHEREAS , the Flood Control Act of 1963 (Public Law 88 -253 , 88th Congress) authorized the construction, operation and maintenance of the B . Everett Jordan Dam and Lake Project on Haw River and New Hope River, North Carolina ("Project") , and WHEREAS , the State contracted with the United States of America (" Government") for the use of storage included in the Project for municipal and industrial water supply ("Jordan Water Supply Storage ") , and for payment of the cost thereof in accordance with the provisions of the Water Supply Act of 1958 , as amended ; and WHEREAS , the State through the Environmental Management Commission (" Commission") is authorized by No . Gen . Stat. § 143 - 354 ( 11 ) to assign to any county or municipality or any other local government having a need for water supply storage in federal projects any interest held by the State in such storage , upon assumption of repayment obligation therefore or compensation to the State by such local government; and WHEREAS , on March 9 , 2017 , the Commission allocated a Level II allocation of one and one-half ( 1 . 5 ) percent of the water supply storage held by the State to the Allocation Holder for its use ; the allocation consisting of a Level II allocation of one and one -half ( 1 . 5 ) percent; and WHEREAS , the allocation became effective on the date it was approved (i . e . March 9 , 2017) and, by and through its terms and conditions , this Contract implements the allocation . NOW, THEREFORE, the State and the Allocation Holder (hereinafter jointly referred to as the "Parties") agree as follows . 1