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10. WHEREAS, PARTICIPATING AGENCIES have collaborated in efforts to promote legislation authorizing federal funding for Bay Area recycled water projects; and 11. WHEREAS, the United States House of Representatives on July 23, 2007, passed HR 1526 amending the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 and authorizing the Bay Area Regional Water Recycling Program and a companion bill was introduced in the Senate on May 24, 2007; and 12. WHEREAS, Senate Bill 2739, the Consolidated Natural Resources Act of 2008, containing the HR 1526 language, was introduced on March 10, 2008 and passed by the full Senate on April 10, 2008; and 13. WHEREAS, PARTICIPATING AGENCIES desire to continue efforts to obtain necessary legislation authorizing federal funding for Bay Area recycled water projects; and 14. WHEREAS, PARTICIPATING AGENCIES desire to collaborate in efforts to promote legislation to appropriate federal funding for authorized projects and for other Bay Area projects that may be authorized in the future. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES CONTAINED HEREIN, THE PARTIES DO HEREBY AGREE AS FOLLOWS: DEFINITIONS 1. PARTIES: All Participating Agencies and the Bay Area Clean Water Agencies. 2. PARTICIPATING AGENCIES: Agencies that have recycled water projects authorized through Title XVI of the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 (also known as Public Law 102 -575) or that intend to actively seek congressional authorization and appropriation under the terms of this Agreement, for projects covered under Title XVI, and are party to this Agreement. 3. AUTHORIZED PROJECT: A project that has been enacted into federal law. II. MEMBERSHIP ELIGIBILITY Any public agency in the nine - county Bay Area that is developing a recycled water project and has an interest in securing federal participation through Title XVI can become a PARTICIPATING AGENCY upon approval of such membership by a majority of the Parties and execution of the Membership Addendum attached hereto as Attachment 1. Any Addendum must be approved on or before September 30 in order to be effective for the forthcoming calendar year. III. PARTICIPATION AND ROLES IN FEDERAL LEGISLATIVE EFFORTS 1. The PARTIES hereby agree that Bay Area Clean Water Agencies (BACWA), will be the legal authority to represent PARTICIPATING AGENCIES in pursuit of the Title XVI grants under the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992 (Public Law 102 -575), and will act as the regional entity on behalf of PARTICIPATING AGENCIES. 7/21/2008 Page 2