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Rivard Inquiry - Ry Rivard https://outlook.office.com/owa/?viewmodel=ReadMessageItem&ItemI... Rivard Inquiry Hattam, Mark <[email protected]> Sun 7/1/2018 10:31 AM To:Ry Rivard <[email protected]>; Cc:Thompson, Frances <[email protected]>; Ry, as I promised, here is the cost summary re Brownstein/Hatch&Parent work. There was no record of any payments to Sco(cid:425) Slater or Chris Frahm directly (other than director expenses for when Chris Frahm was on our Board). The total amount we show paid to Brownstein and Hatch & Parent collec(cid:415)vely from March 1997 through the present is $25,599,511.11. That is an average of about $1,219,024 per year over 21+ years. Those firms diligently, and successfully, represented the Water Authority in a host of cri(cid:415)cal ma(cid:425)ers, including but not limited to: Evalua(cid:415)on of MWD's development and adop(cid:415)on of a wheeling rate. Li(cid:415)ga(cid:415)on opposing MWD's a(cid:425)empt to validate the adop(cid:415)on of a postage stamp “wheeling rate” in trial and on appeal. A(cid:332)er remand, MWD ul(cid:415)mately dropped its a(cid:425)empt to validate its wheeling rate. Successfully nego(cid:415)ated the terms of the SDCWA Water Transfer Agreement with IID. Prepara(cid:415)on of the Environmental Impact Report for the Water Transfer. Suppor(cid:415)ng the Water Authority and special trial counsel in li(cid:415)ga(cid:415)on with MWD in various internal (Water Authority staff and board processes) and external forums including MWD and California state courts, over the legality of MWD’s rates, MWD’s refusal to properly account for revenues paid to MWD including its under- calcula(cid:415)on of the Water Authority's preferen(cid:415)al rights, MWD's imposi(cid:415)on of illegal RSI contracts, and numerous other MWD issues. Among other outcomes, MWD's Water Stewardship Rate on Exchange Agreement water has been declared illegal (resul(cid:415)ng in hundreds of millions of dollars in savings over the life of the wheeling agreement), MWD's RSI clause has been declared void and uncons(cid:415)tu(cid:415)onal (remedies s(cid:415)ll pending on remand) and the Water Authority has been awarded an addi(cid:415)onal approximately 100,000 acre- feet of preferen(cid:415)al rights en(cid:415)tlement to MWD water (two (cid:415)mes the capacity of the Carlsbad seawater desalina(cid:415)on project). Successfully nego(cid:415)a(cid:415)ng, through direct nego(cid:415)a(cid:415)on and three media(cid:415)on processes, the 1998 Exchange Agreement and complementary State legisla(cid:415)on that established a fixed schedule Exchange Rate for 30 years and provided $235 million for the lining of the All-American Canal and groundwater storage. Successfully pe(cid:415)(cid:415)oning the State Water Resources Control Board for approval of the SDCWA Water Transfer Agreement over two months of hearings and securing SWRCB approval of the full amount of requested the requested transfer. Renego(cid:415)a(cid:415)on of the Water Transfer Agreement to account for the reduc(cid:415)on of 800,000 acre feet of water required to off-set impacts to the Salton Sea. Successful nego(cid:415)a(cid:415)on of the Quan(cid:415)fica(cid:415)on Se(cid:425)lement Agreement and related contracts (about 36 in total), including a renego(cid:415)a(cid:415)on of the Water Transfer Agreement and the 1998 Exchange Agreement to conform with Salton Sea mi(cid:415)ga(cid:415)on requirements and other issues. Agreements included the first direct contractual rela(cid:415)onship between SDCWA and the United States Department of Interior, providing for the delivery of the Water Transfer and Canal Lining water (277,700 acre-feet), implemen(cid:415)ng the largest agriculture to urban water transfer in US history (Colorado River Water Delivery Agreement). Successful defense of the en(cid:415)re QSA over a 10-year period against state and federal court challenges at two mul(cid:415)-party trials and appeals, including the SWRCB Order and canal lining. Suppor(cid:415)ng the Water Authority and its legisla(cid:415)ve advocates in representa(cid:415)on in legisla(cid:415)ve sessions and work groups to redra(cid:332) the Katz Wheeling Bill, Water Code Sec(cid:415)on 1810 et seq. Suppor(cid:415)ng the Water Authority staff and legisla(cid:415)ve advocates in Seven Basin States mee(cid:415)ngs regarding 1 of 2 1/25/2019, 3:00 PM