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MEMORANDUM OF AGREEMENT <br /> MACHADO LAKE NUTRIENT TMDL <br /> (MONITORING PLAN) <br /> This Memorandum of Agreement ("Agreement") is made and entered into by and <br /> between the public entities (the "Responsible Jurisdictions") whose names are set <br /> forth on Exhibit A, attached hereto and incorporated herein by this reference. The <br /> Responsible Jurisdictions are sometimes referred to herein singularly as "Party" and <br /> collectively as "Parties." <br /> WITNESSETH: <br /> The Parties hereto do agree as follows: <br /> Section 1. Recitals. <br /> This agreement is made and entered into with respect to the following facts: <br /> A. The federal Clean Water Act ("CWA") requires the California Regional Water <br /> Quality Control Board, Los Angeles Region ("Regional Board") to develop water <br /> quality standards which include beneficial use designations and criteria to protect <br /> beneficial uses for each water body found within its region. <br /> B. Section 303(d) of the CWA requires, among other things, that states identify and <br /> prepare a list of water bodies that do not meet water quality standards. Section <br /> 303(d) further requires that states establish load and waste load allocations, or a <br /> total maximum daily load ("TMDL"), for each water body that will ensure <br /> attainment of water quality standards and then to incorporate those allocations <br /> into their water quality control plans. <br /> C. Machado Lake was listed on California's 1998 Section 303(d) list, due to <br /> impairments for: Eutrophic conditions, Algae, Ammonia and Odors (collectively <br /> referred to as Nutrients). <br /> D. On May 1, 2008, the Regional Board adopted Resolution No. 2008-006 <br /> ("Resolution 2008-006") establishing the limit for the Total Maximum Daily Loads <br /> for nutrients for Machado Lake ("Nutrient TMDL"), a true and correct copy of <br /> which is attached as Exhibit D hereto and incorporated herein. <br /> E. The Nutrient TMDL became effective on March 11, 2009. <br /> Machado Lake Nutrient TMDL <br /> Memorandum of Agreement <br />