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File #: 25-0930    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 10/9/2025 In control: Public Facilities Financing Corporation
On agenda: 11/10/2025 Final action:
Title: Approve the Termination Agreement for the WIFIA Master Agreement and Related Agreements for the Pacheco Reservoir Expansion Project.
Attachments: 1. Attachment 1: Project Update, 2. Attachment 2: Termination Request Letter, 3. Attachment 3: Termination Agreement
AGENDA MEMORANDUM
Public Facilities Financing Corporation

Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)



SUBJECT: title
Approve the Termination Agreement for the WIFIA Master Agreement and Related Agreements for the Pacheco Reservoir Expansion Project.
End

RECOMMENDATION: Recommendation
Approve the Termination Agreement for the WIFIA Master Agreement and related Agreements for the Pacheco Reservoir Expansion Project.
Body

SUMMARY:
On August 26, 2025, the Board of Directors of the Santa Clara Valley Water District (Valley Water) voted unanimously to suspend all efforts in the development of the Pacheco Reservoir Expansion Project (Pacheco) and direct the Interim Chief Executive Officer to develop a project closure plan, including terminating the Pacheco Water Infrastructure Finance and Innovation Act (WIFIA) master agreement and the related loan agreement, installment purchase agreement and term sheet (the "agreements"). The agreements are each dated as of October 30, 2023, and were entered into by and among the United States Environmental Protection Agency (EPA), the Santa Clara Valley Water District Public Facilities Financing Corporation (Corporation), and Valley Water.

At the meeting, prior to the Valley Water Board's vote, the project team provided a project update guided by a PowerPoint presentation (Attachment 1). In its report, the project team concluded that Pacheco continues to face significant challenges, particularly in securing several key approvals from the federal Bureau of Reclamation and the anticipated significant increase in estimated costs. These challenges are also causes of concern for the California Water Commission, which had selected the project for a $504 million conditional grant under its Water Storage Investment Program.

The Corporation Board previously adopted Resolution No. 22-04 on December 6, 2022, which authorized obtaining loans of up to $2.5 billion for t...

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