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Tualatin, TVED, CRW, Canby Utilty Board, Sherwood, Gladstone, & Tigard - Willamette Water Supply Agency - Cooperative Agreement 1 INTERGOVERNMENTAL COOPERATIVE AGREEMENT CREATING THE WILLAMETTE WATER SUPPLY AGENCY THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT is entered into by and between the following parties: Tualatin Valley Water District, a Domestic Water Supply District formed under Chapter 264("TV""),Clackamas River Water, a Domestic Water Supply District formed under Chapter 264 ("CRW'), Canby Utility Board, a municipal utility formed pursuant to ORS Chapter 225 ("CUB"), the City of Sherwood, a municipal corporation("SHERWOOD"), The City of Gladstone, a municipal corporation ("GLADSTONE"), the City of Tigard, a municipal corporation ("TIGARD") and the City of Tualatin, a municipal corporation ("TUALATIN"). RECITALS: A. WHEREAS, the parties hereto have the authority to enter into this Agreement pursuant to their respective principal acts, charters, and ORS 190.003 et sea.; and B. WHEREAS, the parties with the present exception of SHERWOOD and TUALATIN either hold water rights or have applications pending to appropriate water for municipal and industrial purposes on the Willamette River within that reach of the river from Lake Oswego to Wilsonville; and C. WHEREAS, the parties are participants in the Regional Water Providers Consortium ("Consortium") to develop and implement the Regional Water Supply Plan ("RWSP"). The RWSP anticipates the use of the Willamette River as a source for a portion of the entire metropolitan region's domestic supply through the year 2050; and D. WHEREAS, the RWSP anticipates that some entities may desire to develop and use the Willamette River prior to broader application of that water throughout the metropolitan region and that the entities hereto presently or in the near future will have water supply needs that could be met by the Willamette River and it may be the most economic, efficient, and available source; and E. WHEREAS, consistent with the RWSP these entities wish to create the Willamette Water Supply Agency ("WWSA") under ORS Chapter 190 to study their local water demands, jointly evaluate water quality and the use of existing permitted rights and future rights and areas of usage, and jointly evaluate and determine potential sites for a water treatment plant, intake and pipeline routing and be the lead agency within the Consortium concerning municipal appropriation from the Willamette River; and F. WHEREAS,the parties are desirous of instituting a public education effort relating to use of the Willamette River as an appropriate municipal water source and to undertake efforts to keep the Willamette River under consideration as a viable source for local and regional needs; 1 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT C1B\TVWD\TVWD0198.1GA and being fully advised, NOW, THEREFORE, the parties hereto agree as follows: SECTION 1. WILLAMETTE WATER SUPPLY AGENCY 1.1 WWSA. There is hereby created the Willamette Water Supply Agency ("WWSA'). The members of WWSA shall number seven (7). The governing body of each party shall appoint one (1) member. Members of WWSA shall serve at the pleasure of their respective appointing bodies. The addition of new members shall require the consent of a two- thirds majority of existing members. 1.2 General Powers and Duties. WWSA shall have the following powers: 1.2.1 To adopt such bylaws, rules,regulations, and policies as it deems necessary in furtherance of the purposes of this Agreement; 1.2.2 To study the best method to develop water sources on the Willamette River between Wilsonville and Gladstone. Scope of work for specific tasks or projects/project governance and monetary responsibilities shall be negotiated on a case by case basis which may be by addendum to this Agreement; 1.2.3 To perform and exercise pursuant to the Charter or principal Acts of the parties or by Section 190.003 through 190.250 of the Oregon Revised Statutes, all powers pursuant to applicable charter, ordinance, or state or federal law which are necessary or desirable to efficiently and effectively develop water sources on the Willamette River; 1.2.4 To receive and hold existing water rights and to develop water rights on the Willamette River, and all actions necessary to preserve and protect them, to take all action necessary to design, permit, construct and operate, maintain and replace water intakes, treatment, storage, transmission and distribution facilities, equipment, and rolling stock as agreed ("the System"); 1.2.5 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtedness, including the power to issue revenue bonds under ORS 288.805 to 288.945; 1.2.6 To sell water, adopt system development charges and engage in rate making pursuant to state and federal law as authorized by the members; 1.2.7 To engage in public education and public involvement to keep the 2 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA Willamette River under consideration as a viable local and regional water source and to educate the public regarding the viability of the Willamette River as a domestic water source; 1.2.8 To purchase, own, hold, appropriate, and condemn land, facilities, rights of way either in its own name or in the name of the individual parties hereto to develop Willamette River rights. 1.2.9 The parties acknowledge that WWSA shall be the lead agency and contact point between the members hereto and the Water Providers Consortium as to issues concerning municipal appropriation from the Willamette River, unless otherwise agreed. 1.3 Duration. Subject to Section 3 of this Agreement dealing with termination or withdrawal, the duration of this Agreement shall be perpetual. 11 1.4 Meetings, Manner of Acting. Meetings of WWSA shall be conducted in accordance with the provisions of the Oregon Public Meeting Law, Oregon Revised Statues Section 192.610 et sea. Four (4) members of WWSA shall constitute a quorum for the transaction of business and if only a quorum is present, a majority of those present shall be necessary to decide any issue except financial matters or new membership. Any decision of WWSA seeking financing or other financial obligation, or other forms of indebtedness, shall require an affirmative vote of the governing body of each entity that will financially participate in any project. The WWSA member may bind his/her entity without governing body approval if the amount in question is within his/her delegated contracting authority. 1.5 Officers. Annually, at the beginning of each fiscal year, WWSA shall elect from its membership a Chair and Vice-Chair who shall be officers of WWSA who shall serve a term of one (1) year. WWSA shall also appoint a Secretary who need not be a member of WWSA who shall be responsible for WWSA's records and shall keep a record of all WWSA proceedings. Officers shall serve at the pleasure of WWSA or until their successors shall be appointed and take office. 1.6 Budgeting, Accounting, Audits. WWSA shall annually prepare a work plan and an estimate for the next fiscal year and distribute it to the members by February 1 of each year. This work plan shall be referred to as general administrative. It is anticipated that each party shall budget its own staff and funds for costs or provision of in-kind services as necessary. Each party's apportioned share of the general administration expenses shall be determined by the same formula used to determine annual administrative contributions to the Regional Water Supply Consortium. For subsequent projects, for improvements and facilities, each party's apportioned share of the expenses shall be estimated and set forth in addenda to this agreement detailing the scope of work to be performed, participants and ownership, and the amounts so estimated shall be budgeted and appropriated by the participants in accordance with local budget 3 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA law. WWSA shall maintain financial reports showing its expenditures and receipts by category item for each transaction through the last working day of the preceding,calendar month. If necessary, WWSA shall cause an independent audit to be performed and completed by a certified public accountant in accordance with ORS 297.405 et sec., within six (6) months following the end of each fiscal year. SECTION 2. SURFACE WATER RIGHTS & FACILITIES. 2.1 Delegation of Powers. The functions of source management, and water treatment may be performed by WWSA, pursuant to subsequent agreements authorized by the members. Transmission and storage shall be performed by the parties using those facilities. It is the primary intent and purpose of this Agreement to allow the individual entities to develop information, participate in the study and negotiate relevant agreements regarding implementation of recommendations to design, construct, finance, own and operate facilities within their respective boundaries. WWSA may contract with any entity regarding performance of services. WWSA and each individual entity shall define the scope of individual entity contributions or individual efforts. 2.2 Contributions of Vested and Pending Water Rights. Presently permitted surface water rights to the Willamette River are held by TVWD (130 mgd) as WRD Permit No. 49240; (hereafter"existing rights"). Pending applications before the State Water Resources Department ("WRD") filed by all parties, except.SHERWOOD and TUALATIN, are also set forth on Exhibit 1 (hereafter"new rights"). The existing and new rights together specify areas of usage covering the service territories of all members of WWSA. Following execution of this Agreement and formation of this entity, the parties hereto agree to execute all documents necessary to assign ownership of the existing 1973 permit to WWSA and identify WWSA as the applicant on the pending application for new rights. Thereafter WWSA shall exclusively own and manage the resources subject to this Agreement. 2.3 Allocation of Water and Diversion Point. WWSA shall become the sole holder of these rights. WWSA.and its members shall each have a duty of good faith and fair dealing with each other and commitment to reasonably allocate the Willamette River water and manage the System according to an individual member's needs, considering that member's: 2.3.1 Capital contribution determined as land is acquired, facilities are constructed or cash is contributed; 2.3.2 Demand forecast for a rolling 20-year time period; 2.3.3 Development and implementation of a water system management and conservation plan consistent with the requirements or guidelines of the Regional Water Plan. 2.3.4 Other factors as agreed by separate addenda or written agreements. 4 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIS\TVWD\TVWD0198.IGA Subject to Section 5.2 below, WWSA shall identify and approve diversion points along the subject reach of the Willamette River and take necessary action before WRD to allow for withdrawal in the following general quantities at the following diversion points: 1973 Rights Permit # WILSONVILLE 154.6 cfs/99.40 mgd 49240 CANBY/CRW 35 cfs/22.60 mgd 49240 GLADSTONE 12.4 cfs/8 mgd 49240 TOTAL 202 cfs/130 mgd 49240 When permits are issued for the new rights, water allocation generally will be consistent with the Regional Water Supply Plan and the points of diversion identified in the applications unless the parties otherwise agree by addendum or separate agreement. 2.4 Administration of Water Rights. By assignment of ownership of the Willamette River water rights, WWSA shall have the full authority to modify, combine or abandon rights and permits and seek new sources through new permits or contracting for stored water for municipal and industrial needs as the members approve. SECTION 3. CAPITAL CONTRIBUTIONS. 3.1 Assets. Without limitation, the existing and new rights enumerated in attached Exhibit 1 (the "System") shall be employed in the System and are hereby contributed by the parties. Future agreements or addenda will identify other assets and how they are to be accounted for under this Agreement. 3.2 Effect of Membership. Each party's annual contribution towards General Administration.shall entitle it to member status and each party shall own an undivided interest in the system as reflected, which shall be adjusted by capital contributions over time as set forth in Addenda or by separate written agreement. If membership status is maintained, then each party will have the right to equity participation in the construction of new or expanded facilities as they are proposed, have an option to purchase an interest in new or expanded facilities at future times, and/or to be a wholesale customer. SECTION 4. OPERATION AND MAINTENANCE. 4.1 Generally. At such time that facilities are constructed, unless otherwise agreed in writing by the entities financially participating in the facility, the system shall be operated and maintained by WWSA, WWSA may contract with members or others to provide daily management of all or a portion of the System. Operation and maintenance will be determined 5 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.1GA at that time by the equity participants through subsequent agreement or addendum. SECTION 5. CONSTRUCTION OF FACILITIES. 5.1 Proposal to Construct. If any member should desire to construct, expand or modify the System as now or hereafter configured, including the siting of a plant at one of the designated diversion points of 2.3 or at another location on the Willamette River, it shall notify WWSXand the other members in writing of the proposed construction, expansion or modification needs("Project"). WWSA shall have 90 days in which to determine whether to participate in the proposed project. The notification shall include cost estimates and a reasonably detailed description of the proposed project. The members, within 90 days, shall notify the WWSA of their acceptance or rejection of participation and cost shares shall be allocated. If notice of acceptance is not received within 90 days, the proposed project shall be deemed rejected by the members failing to respond. 5.2 Individual Rights. The parties intend to provide a method of decision making by anticipated diversion points. Facilities constructed shall be in the name of WWSA but decision making shall be by the participating members as set forth in the Project Agreement. If WWSA elects not to construct, expand or modify as proposed by an individual member or members, then by separate written agreement or addenda any member or members may proceed with the 1973 rights assigned to that diversion point if the members of WWSA likely to be served by that diversion point or facility approve the technical.aspects of the proposal to ensure the project will not be inconsistent with the RWSP or future compatibility with individual members systems. If the proposal is found inconsistent or incompatible, the member(s) may use its own water rights held outside this agreement. Under all circumstances, no such project shall impair the ability of the System to serve the other members or significantly increase the cost of usage to the other members unless the member(s) undertaking the project agrees to pay the increased unit costs to WWSA or the members which have declined to participate in the expansion. If the members likely to be served by the diversion point or facility do not approve use of the 1973 rights, then the individual entity may use other water outside this agreement or use the termination provision of Section 7. The parties agree that absent termination, only WWSA may apply for water rights to the Willamette River. 5.3 Tiger. In consideration of the abandonment of its 1995 permit application to appropriate 40 cfs, TVWD and the members of WWSA hereby allocate 40 cfs of the 1973 right at the Wilsonville diversion point to Tigard. If Tigard desires to construct a conventional treatment plant at Wilsonville to develop this right and no other members wish to participate, Tigard may proceed without further approval from WWSA or its members, but subject to 5.5 below. 5.4 Regulatory Matters. All parties served by a facility shall share proportionately in cost if expansion or modification is necessary to meet regulatory requirements, unless subsequent agreement or addenda provides otherwise. 6 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA 5.5 Option to Acquire Interest. WWSA or a member rejecting a project shall have the option, at any time within ten (10) years of the date of notice of rejection, to purchase an ownership share of the project at a mutually agreed upon value of the assets and payment terms. SECTION 6. SALE OF TREATED WATER TO OTHER ENTITIES. 6.1 WWSA. The members agree that the Willamette River water rights now existing or hereafter acquired are for regional application as part of the RWSP. The parties agree to work in good faith to accommodate other users on an ownership, wholesale, mutual aid or emergency basis. Subject to paragraph 6.2, WWSA or its members shall have the power to sell treated water to other non-member entities at prices determined from time to time by WWSA. 6.2 Proceeds of Sales. The proceeds attributable to the sale of treated water to an outside entity shall be paid to WWSA. Any distribution of these proceeds shall be as the members agree after expenses and costs of debt service,construction, operation and maintenance are met. 6.3 Transmission Line Charges. Sales to any entity which may require transmission through lines may be subject to a transmission line charge to be established by the owner. Charges for use of transmission lines shall be collected by WWSA from the user and paid to the owner of the transmission line. 6.4 Other Charges. Other charges may be established by WWSA as necessary and agreed by the parties. SECTION 7. TERMINATION. 7.1 Notice of Election. Any party may elect to terminate this Agreement and withdraw from WWSA by giving written notice of its desire to WWSA and other member parties. Withdrawal shall be effective one hundred eighty (180)days from the date of notice. Upon the effective date of notice of withdrawal,.unless otherwise agreed by the withdrawing party and WWSA,that party shall immediately cease membership in WWSA. The withdrawing entity shall continue to pay its share of, or be responsible for, any previously incurred joint debt, and shall hold harmless the remaining members for those financial responsibilities and obligations attributable to the withdrawing party. 7.1.1 If WWSA, after receiving the notice of termination, desires to purchase the terminating interest in the System, it shall notify.the terminating member in writing of its desire to purchase the terminating member's interest at lesser of market value or depreciated book value. Such notice shall be given within 60 days of receipt of the notice of termination. 7.1.2 If WWSA declines, then the one or more remaining members may give notice within 60 days after notice of WWSA's decline of that member's 7 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT C1B\TVWD\TVWD0198.1GA 1 intent to purchase as provided herein. Unless otherwise agreed in writing, the purchase shall be purchased equally among the buying members and their capital accounts shall be adjusted accordingly. 7.1.3 The price to be paid, whether determined by mutual agreement or arbitration, shall be paid to the.terminating party in full within 12 months following the date of termination set forth in the notice of intent to terminate. If the other party fails to pay the purchase price within 12 months of the date of.termination and if the parties.are unable to agree upon a mutually acceptable payment schedule, then the terminating member shall have the right to sell its portion of the facility to any other entity approved by a majority of the governing boards or councils from the remaining members. 7.1.4 In the event that the WWSA or the remaining members fail to purchase the interest of the terminating member within the 12-month period, or in the event the WWSA or the remaining member(s) decline to purchase its interest, then the terminating member's rights and duties shall be those specified in this Agreement until a sale is made to some other entity or some other mutually agreeable disposition is made and the original owner shall remain.responsible for all terms and conditions of this Agreement. 7.1.5 Notwithstanding anything to the contrary, because TVWD contributed the existing permitted rights (1973 rights), no withdrawing party shall be compensated for the value of those 1973 rights except TVWD. If TVWD decides to withdraw from WWSA, it may: a) leave the entire 1973 water right with WWSA and WWSA shall purchase the right as appraised along with the entities' other assets. However, 40 cfs shall not be valued as part of this appraisal and purchased because it is allocated to TIGARD in consideration of TIGARD'S relinquishment of its 1995 permit application; or b) leave the allocated portion of the 1973 rights which will be valued and purchased by WWSA and take the unused remainder back to its sole ownership. However, 40 cfs shall not be valued as part of this appraisal and shall be included in the portion left in WWSA as it is allocated to TIGARD in consideration of TIGARD's relinquishment of the 1995 permit application; or c) TVWD may leave all the 1973 rights and; in lieu of monetary compensation, receive an equal amount (202 cfs) of junior rights under 7.1.6 below. 8 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0196:[GA 7.1.6 For the parties other than TVWD, in the event of termination, the terminating member shall be entitled to have conveyed to it by WWSA the water rights associated with the pending application the terminating member contributed to WWSA. For example, if the pending application was approved for Canby in the amount of 12.4 cfs and Canby terminates, Canby shall relinquish all rights and claims to any water allocated to its diversion point under the 1973 Permit contributed by TVWD. and WILSONVILLE, and WWSA shall assign to Canby the 12.4 cfs: Permit right that Canby contributed to the entity. Thereafter Canby shall rely only upon that 12.4 cfs water right and have no further right or claim to other WWSA rights. 7.1.7 The parties agree that TIGARD shall have a firm right to 40 CFS of the TVWD 1973 rights in consideration of its abandonment of its 1995 permit application. 7.1.8 The parties agree to cooperate to execute all documents necessary to make water right transfers and assignments. 7.2 Breach. Upon material breach of this Agreement, WWSA or an aggrieved member may seek all remedies available at law or in equity. 7.3 Dispute Resolution. 7.3.1 Method for resolving disputes. If a dispute arises between WWSA and a member or between members regarding breach of this Agreement or interpretation of any term of this Agreement, the parties shall first attempt to resolve the dispute by negotiation, followed by mediation, if negotiation fails to resolve the dispute. Step One: (Negotiation) The Manager or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The nature of the dispute shall be reduced to writing and shall be presented to each Manager who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each Manager and ratified by the WWSA which shall be binding upon the parties. Step Two: (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the parties shall submit the matter to non-binding mediation. The parties shall attempt to agree on a mediator. If they cannot agree, the parties shall request a list of five 9 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA (5) mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided,but if they cannot agree, each party shall select one (1) name. The two selected shall select a third person. The dispute shall be heard by a panel of three (3) mediators and any common costs of mediation shall be borne equally by the parties who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by each Manager and approved by the WWSA. 7.4 Jurisdiction of Circuit Court. After exhaustion of 7.3 processes, if the parties agree, any dispute or claim shall be settled by arbitration under the jurisdiction of the Circuit Court of the State of Oregon for Clackamas County pursuant to ORS Chapter 36. In the absence of such an agreement, that same court shall have jurisdiction. SECTION 8. AMENDMENT. This Agreement may be amended by mutual written agreement of the parties, signed by all of the parties. Future tasks such as public relations, education or other work deemed necessary shall be agreed to by the parties through an addendum to this Agreement setting forth the scope of work and method of payment. SECTION 9. GENERAL PROVISIONS. 9.1 Merger Clause. This Agreement embodies the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof 9.2 New Members and Assignment. WWSA may accept additional government entities as participants under terms and financial.conditions.that WWSA deems just and equitable on a case-by-case basis and only upon an affirmative vote of two thirds of the members. Except for changes of organization through entity formation, merger, consolidation or annexation, no party shall have the right to assign its interest in this Agreement (or any portion thereof) without the prior written consent of a majority of WWSA. 9.3 Severability. In case any one or more of the provisions contained in this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 9.4 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed to the parties as follows: 10 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA Tualatin Valley Water District City of Sherwood Attn: General Manager Attn: City Manager P.O. Box 745 20 NW Washington Beaverton, Oregon 97075 Sherwood, Oregon 97140 Clackamas River Water City of Tualatin A"- General Manager Attn: City Manager P.O. Box 2439 18880 SW Martinazzi Avenue Clackamas, Oregon 97015 Tualatin, Oregon 97062 Canby Utility Board City of Gladstone Attn: General Manager City Administrator P.O. Box 1070 525 Portland Avenue Canby, Oregon 97013 Gladstone, Oregon 977027 City of Tigard Attn: City Administrator P.O. Box 23397 Tigard, Oregon 97223 The parties hereto are responsible to notify each other of changes and to keep this list current. 9.5 Meetings. Regular meetings of WWSA shall be conducted at such times as WWSA may designate but shall be no less than quarterly. The chairman, upon his own motion, may, or at the request of two (2) members of WWSA, shall by giving notice to members of WWSA call a previously unannounced special meeting of WWSA for a time not earlier than twenty-four (24) hours after the notice is given, unless an emergency exists. In cases of an emergency, notice reasonable under the circumstances shall be given. Four (4) members of WWSA shall constitute a quorum. No action will be taken by WWSA unless a majority of WWSA present votes to support the action proposed, unless a greater number of votes is required. 9.6 Advisory Boards; Technical Committees. WWSA may appoint advisory boards technical committees. The advisory boards shall meet as needed and shall review and make recommendations to WWSA on such matters as WWSA so assigns. A technical committee shall meet not less than quarterly to develop methods of coordination and functioning between WWSA and the entities. 9.7 Attorney. If a dispute should arise between the parties regarding any term or portion of this Agreement, the prevailing party shall be entitled to such reasonable attorney fees as a trial court or arbitrator may award and on any appeal therefrom. 9.8 Counterparts. This Agreement may be executed in any number of counterparts and by the parties on separate counterparts, any one of which shall constitute an agreement between 11 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT c1s\TVWD\TVWD0198.[GA and among the parties.- 9.9 arties:9.9 Joint and Several Obligations. For approved WWSA activities, the parties shall be jointly and severally liable to third parties for payment of debts and costs incurred. No party to WWSA shall be liable for damages, debts or claims caused solely by the negligent act or omission by WWSA or other members. The individual entity causing damage by its sole negligence or wrongful act shall be individually liable. 9.10 Instruments of further Assurance. From time to time at the request of any of WWSA, each member shall, without further consideration execute and deliver such additional instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Cooperative Agreement by the date set forth opposite their names below. TUALATIN VALLEY WAR DISTRICT Date: 2 /? , 1997 By: Rob kftche11, President B om Jackman, Sec CLACKAMAS RIVER WATER Date: 9 �� 1997 By: V Paul Rogers, Preside By: Lowell anna, Secretary 12 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT c1B\TVwD\TVWD0198.1GA CANBY UTILITY BOARD 2 Date: h7, 1997 By: Robert P. Westcott By: c. t _ Debra4I ft i c—ta CITY OF TIGARD Dated: 06—, g 1997 By: James Nicoli, Mayor " Recording Secretary Date: , 199) CITY OF SHERWOOD By: By: C rrl Re or fKg Seeretmy Date: November 24 , 1997 CITYOF T A N By: MU gden, Mayor Ree Rg=,Semetargi C i ty Recorder 13 - INTERGOVERNMENTAL COOPERATIVE.AGREEMENT ClB\TVWD\TVWD0198.ICA Date: D&—C- 9- 1997 CITY OF GLADSTONE By: Wade Byers, ayor By: Recording Secretary 14 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT ClB\TVWD\TVWD0198.ICA i EXHIBIT 1 PENDING APPLICATIONS Applicant Amount Priority Date Application # CUB 12.4 cfs 12/27/90 710.72 TVWD 387 cfs 5/31/91 71651 Gladstone 12.4 cfs 9/13/91 71834 CRW 22 cfs 4/27/92 72355 Tigard 40 cfs 3/28/95 80342 EXISTING PERMITTED RIGHTS Applicant Amount Priority Date Permit # TVWD 202 cfs 6/19/73 49240 15 - EXHIBIT 1 CIs\TVWD\TVWD0198.tcA