The original agreement was approved by Council on December 6, 2021.  On December 10, 2021, the city received notification of a minor language change.  At the request of the Fort McDowell Yavapai Nation (FMYN) the following language was added to Subparagraph 13.2: Nothing contained in this Agreement shall be construed to constitute a waiver of any aspect or portion of sovereign immunity of the Fort McDowell Yavapai Nation, and/or its affiliates, departments, programs, enterprises, or subdivisions. The requested language clarifies that no aspect of the agreement constitutes a waiver of sovereign immunity by the FMYN, which was never the intent of the original agreement.

Authorize the City Manager or her designee to take any and all actions to execute the agreement with the amended language and that allows staff the authority to agree to minor non-pecuniary Agreement changes. (Gretchen Erwin, Water Resources and Sustainability Manager)

There is no fiscal impact associated with the language change.
 

Reclamation, in partnership with SRP, conducted an appraisal level investigation called the Verde Reservoirs Sediment Mitigation Study to evaluate options to restore capacity lost in SRP’s Verde River reservoirs due to sediment accumulation, which impacts critical water supplies for central Arizona. Reclamation issued a draft report entitled “Verde Reservoirs Sediment Mitigation Study Appraisal Report” in May 2021 (“Draft Appraisal Report”) recommending that Reclamation initiate a feasibility study.
 
Two options were selected, both involving raising of Bartlett Dam.  If feasible, this could allow for new storage space for Verde River water in addition to the lost capacity.  This water could be available to Goodyear as an additional renewable water supply.  The city has the infrastructure in place to take delivery of the new water due to our partnership and previous agreements with SRP.
 
The feasibility study is to determine the technical, environmental, economic, and financial feasibility of implementing one of two Bartlett Dam modification alternatives to enable central Arizona to adapt water management to changing climate conditions (“Bartlett Dam Modification Feasibility Study”).

On August 30, 2021 Council approved the City Manager to take action to execute the Memorandum of Understanding to Support the Bartlett Dam Modification Feasibility Study Among Various Participating Entities, Salt River Valley Water Users’ Association, and Salt River Project Agricultural Improvement and Power District.

On December 6, 2021 Council approved the City Manager to take action to execute the Agreement to Share Costs for the Feasibility Study of Bartlett Dam Modification Alternatives among Cost-Share Partners and Salt River Project Agricultural Improvement and Power District and associated budget transfer of $400,000.
 

Verde River water could be a new source of water for growth and an important component to the city’s water supply portfolio.  Verde River water is considered a “renewable” supply and therefore does not require replenishment.  This would lessen the city’s dependence on groundwater and future dependence on the Central Arizona Groundwater Replenishment District.

Previous agreements with SRP for wheeling our Central Arizona Project (CAP) water through canals and the city’s construction of the pumping plant, transmission line, and water treatment facility would facilitate the use of the water.

Being a member of the Steering Committee will allow the city to participate in the development of the criteria which will determine an entities’ need for the additional water.  Additionally, as a member of the Steering Committee, Goodyear would be one of the entities that shall be responsible for developing the preferred allocation of the available water among the project beneficiaries.

The amended language does not impact the city.