Filed: Feb. 16, 2018
Latest Update: Feb. 16, 2018
Summary: IN EQUITY LLOYD D. GEORGE , District Judge . AGREEMENT OF MANDATORY SIGNATORY PARTIES FOR APPROVAL OF TRUCKEE RIVER OPERATING AGREEMENT BUDGET FOR FISCAL YEAR OCTOBER 1, 2017 TO SEPTEMBER 30, 2018. Pursuant to Section 2.C.3 of the Truckee River Operating Agreement dated September 6, 2008 the required approval is needed of a majority of the three parties, to wit: The United States of America, the State of California and the State of Nevada. The Federal Water Master, Chad Blanchard, the de
Summary: IN EQUITY LLOYD D. GEORGE , District Judge . AGREEMENT OF MANDATORY SIGNATORY PARTIES FOR APPROVAL OF TRUCKEE RIVER OPERATING AGREEMENT BUDGET FOR FISCAL YEAR OCTOBER 1, 2017 TO SEPTEMBER 30, 2018. Pursuant to Section 2.C.3 of the Truckee River Operating Agreement dated September 6, 2008 the required approval is needed of a majority of the three parties, to wit: The United States of America, the State of California and the State of Nevada. The Federal Water Master, Chad Blanchard, the des..
More
IN EQUITY
LLOYD D. GEORGE, District Judge.
AGREEMENT OF MANDATORY SIGNATORY PARTIES FOR APPROVAL OF TRUCKEE RIVER OPERATING AGREEMENT BUDGET FOR FISCAL YEAR OCTOBER 1, 2017 TO SEPTEMBER 30, 2018.
Pursuant to Section 2.C.3 of the Truckee River Operating Agreement dated September 6, 2008 the required approval is needed of a majority of the three parties, to wit: The United States of America, the State of California and the State of Nevada.
The Federal Water Master, Chad Blanchard, the designated "Administrator," herein, submits to the Court, for its approval, the signed Budget Agreement for the fiscal year October 1, 2017 to September 30, 2018, which Agreement is signed by the required majority of the mandatory signors, attached hereto as Exhibit "A". The projected budget is the sum of $1,550,000.00, which sum will be paid from the stipulated funding now in the possession of the Administrator. Once the parties sign, we are asking the Court for approval.
The Federal Water Master, Chad Blanchard, also submits to the Court, for its approval, the signed Budget Agreement for the past fiscal year, October 1, 2016 to September 30, 2017, which Agreement is signed by the required majority of the mandatory signors, attached hereto as Exhibit "D". Approval is also requested for the audited Financial Report for administration of the Truckee River Operating Agreement to be filed for the fiscal year October 1, 2016 to September 30, 2017.
The Federal Water Master, Chad Blanchard, also submits for approval by the Mandatory Signatory Parties, his proposed tentative budget for the Truckee River Operating Agreement for fiscal years October 1, 2018 to September 30, 2019, as Exhibit "B" attached hereto. The projected budget is the sum of $1,500,000.00, which sum will be paid from the stipulated funding now in the possession of the Administrator.
The Federal Water Master, Chad Blanchard, also submits for approval by the Mandatory Signatory Parties, his proposed tentative budget for the fiscal year October 1, 2019 to September 30, 2020, as Exhibit "C" attached hereto. The projected budget is the sum of $1,500,000.00, which sum will be paid from the assessment of the Mandatory Signatory Parties as follows:
United States of America $ 600,000.00
State of Nevada 600,000.00
State of California 300,000.00
$1,500,000.00
These proposed tentative budgets are designed to give the Parties notice, and ample time to prepare for future budgets for the Truckee River Operating Agreement. Signatures to this Agreement are not bound by these budgets, as costs and expenses may vary from year to year as circumstances may change, and actual budgets are submitted each year.
This Agreement may be executed in two or more counterparts (including by facsimile or by an electronic scan delivered by electronic mail), each of which shall be deemed an original, but all of which together shall be considered one and the same agreement, and shall become effective when counterparts have been signed by each of the Mandatory Signatory Parties hereto and delivered to the other Mandatory Signatory Parties, it being understood that all Mandatory Signatory Parties need not sign the same counterpart.
By executing this document, the parties hereby give their approval of the Budget as submitted, and submit the same to the Court for its approval.
U.S. DISTRICT COURT WATER MASTER
By:_________________________
CHAD BLANCHARD
UNITED STATE OF AMERICA
BY: ______________________________
Print Name: ______________________
Title: ___________________________
Dated: ___________________________
STATE OF NEVADA
By: ______________________________
Print Name: ______________________
Title: ___________________________
Dated: ___________________________
STATE OF CALIFORNIA
By: _____________________________
Print Name: ______________________
Title: ___________________________
Date: ____________________________
ROGER A. BERGMANN, A PROFESSIONAL CORPORATION
By:______________________
Roger A. Bergmann, Attorney for
U.S. District Court Water Master
APPROVED BY THIS COURT.
DATE: ____________________________
__________________________
United States District Judge
Exhibit "A"
In Equity 3:73-cv-0003-LDG U.S. District Court -Chad J Blanchard, TROA Administrator Truckee River Operating Agreement Administration
Budgeted Statements of Revenues, Expenses and Retained Earnings Fiscal Year ending September 30, 2018
Budgeted Revenues
TROA Administration (Reserves) $1,550,000
Administrative Fees-United States $0
Administrative Fees-State of Nevada $0
Administrative Fees-State of California $0
Total Budgeted Revenue $1,550,000
Budgeted Expenses
Computer Software & Licensing $74,532
Depreciatio $32,878
Habitat Restoration Fund $50,000
Hearing Officer $150,000
Payroll Texes $29,812
Professional, Legal & Audit Fees $59,500
Rent, Supplies & Overhead $93,036
River Ware Modeling & Technical Consulting $352,500
Stream Gaging & Telematry Data Retrieval $95,040
Travel & Conference $11,820
TROA Administration Salaries & Benefits $581,997
Total Budgeted Operating Expenses $1,531,115
Budgeted Net Income (Loss) $18,885
Item Not Affecting Working Capital (Depreciation) 32878
Total Budgeted Working Capital Provided $51,764
Working Capital Applied To Budgeted Equipment Acquisitions -50,928
Budgeted Increase (Decrease) in Working Capital $836
Exhibit "B"
In Equity 3:73-cv-0003-LDG U.S. District Court-Chad J Blanchard, TROA Administrator Truckee River Operating Agreement Administration
Budgeted Statements of Revenues, Expenses and Retained Earnings Fiscal Year ending September 30, 2019
Budgeted Revenues
TROA Administration (Reserves) $1,500,000
Administrative Fees-United States $0
Administrative Fees-State of Nevada $0
Administrative Fees-State of California $0
Total Budgeted Revenue $1,500,000
Budgeted Expenses
Computer Software & Licensing $52,609
Depreciation $33,536
Habitat Restoration Fund $50,000
Hearing Officer $120,000
Payroll Texes $32,458
Professional, Legal & Audit Fees $61,725
Rent, Supplies & Overhead $94,544
River Ware Modeling & Technical Consulting $304,000
Stream Gaging & Telematry Data Retrieval $117,270
Travel & Conference $12,116
TROA Administration Salaries & Benefits $605,283
Total Budgeted Operating Expenses $1,483,539
Budgeted Net Income (Loss) $16,461
Item Not Affecting Working Capital (Depreciation) 33,536
Total Budgeted Working Capital Provided $49,997
Working Capital Applied To Budgeted Equipment Acquisitions -50,000
Budgeted Increase (Decrease) in Working Capital -$3
Exhibit "C"
In Equity 3:73-cv-0003-LDG U.S. District Court-Chad J Blanchard, TROA Administrator Truckee River Operating Agreement Administration
Budgeted Statements of Revenues, Expenses and Retained Earnings Fiscal Year ending September 30, 2020
Budgeted Revenues
TROA Administration (Reserves) $0
Administrative Fees-United States $600,000
Administrative Fees-State of Nevada $600,000
Administrative Fees-State of California $300,000
Total Budgeted Revenue $1,500,000
Budgeted Expenses
Computer Software & Licensing $54,843
Depreciation $34,207
Habitat Restoration Fund $50,000
Hearing Officer $100,000
Payroll Texes $34,081
Professional, Legal & Audit Fees $63,668
Rent, Supplies & Overhead $96,091
River Ware Modeling & Technical Consulting $300,000
Stream Gaging & Telematry Data Retrieval $120,367
Travel & Conference $12,418
TROA Administration Salaries & Benefits $625,247
__________
Total Budgeted Operating Expenses $1,490,922
Budgeted Net Income (Loss) $9,078
Item Not Affecting Working Capital (Depreciation) 34,207
Total Budgeted Working Capital Provided $43,284
Working Capital Applied To Budgeted Equipment Acquisitions -43,500
Budgeted Increase (Decrease) in Working Capital -$216
ROGER A. BERGMANN Exhibit "D"
STATE BAR NO. 733
A PROFESSIONAL CORPORATION
4947 W. LAKERIDGE TERRACE LANE
RENO, NV 89509
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
THE UNITED STATES OF AMERICA,
Plaintiff, IN EQUITY
vs. 3:73-cv-0003-LDG
ORR WATER DITCH COMPANY, et. al,
Defendant.
AGREEMENT OF MANDATORY SIGNATORY PARTIES FOR APPROVAL OF TRUCKEE RIVER OPERATING AGREEMENT BUDGET FOR FISCAL YEAR OCTOBER 1, 2016 TO SEPTEMBER 30, 2017.
Pursuant to Section 2.C.3 of the Truckee River Operating Agreement dated September 6, 2008 the required approval is needed of a majority of the three parties, to wit: The United States of America, the State of California and the State of Nevada.
The Federal Water Master, Chad Blanchard, the designated "Administrator" herein, has submitted the Budget attached hereto to as Exhibit "A" to the parties for their approval.
This Agreement may be executed in two or more counterparts (including by facsimile or by an electronic scan delivered by electronic mail), each of which shall be deemed an original, but all of which together shall be considered one and the same agreement, and shall become effective when counterparts have been signed by each of the Mandatory Signatory Parties hereto and delivered to the other Mandatory Signatory Parties, it being understood that all Mandatory Signatory Parties need not sign the same counterpart.
By executing this document, the parties hereby give their approval of the Budget as submitted, and submit the same to the Court for its approval.
U.S. DISTRICT COURT WATER MASTER
By: ______________
CHAD BLANCHARD
UNITED STATE OF AMERICA
BY: ______________________________
Print Name: ______________________
Title: ___________________________
Dated: ___________________________
STATE OF NEVADA
By: ______________________________
Print Name: ______________________
Title: ___________________________
Dated: ___________________________
STATE OF CALIFORNIA
By: ______________________________
Print Name: ______________________
Title: ___________________________
Dated: ___________________________
APPROVED BY THIS COURT.
DATE: 16 February 2018
United States District Judge
Lloyd D. George
Exhibit "A"
In Equity 3:73-cv-0003-LDG U.S. District Court-Chad J Blanchard, TROA Administrator Truckee River Operating Agreement Administration
Budgeted Statements of Revenues, Expenses and Retained Earnings Fiscal Year ending September 30, 2017
Budgeted Revenues
TROA Administration $1,464,045
Total Budgeted Revenue $1,464,045
Budgeted Expenses
Computer Software & Licensing $92,925
Depreciation $20,812
Habitat Restoration Fund $50,000
Hearing Officer $60,000
Payroll Texes $27,946
Professional, Legal & Audit Fees $50,000
Rent, Supplies & Overhead $109,464
River Ware Modeling & Technical Consulting $285,000
Stream Gaging & Telematry Data Retrieval $150,012
Travel & Conference $15,000
TROA Administration Salaries & Benefits $557,986
Total Budgeted Operating Expenses $1419,144
Budgeted Net Income (Loss) $44,900
Item Not Affecting Working Capital (Depreciation) 20,812
Total Budgeted Working Capital Provided $65,712
Working Capital Applied To Budgeted Equipment Acquisitions -65,712
Budgeted Increase (Decrease) in Working Capital -$0
