The URL can be used to link to this page

Home My WebLink About01.09.2008 WB AGENDA PACKETCity of Bakersfield Water Board Regular Meeting of January 9, 2008 Carrier Canal looking downstream Water Resources File Packet MMUI R 130ARD David Couc!l, Chair HavoM Hanson, VUce ChabF Zack Sccrivner CIS OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, January 9,208 - 2:00 p.m. Water Resources Building Coriterence Room 1000 Buena !Vista Road, Bakersfield, CA 93311 .ALL TC�� OFD R 2. ROLL CALL 3. WHUTES A. Minutes of the November 14, 2007 regular meeting and December 19, 2007 special meeting for approval — For Board Review and Action 4. PU a UC ST ATEIii4JENITS 5_ KERM RWER LEVEE DISTR�CT 6. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information U(f E_�i�iE =C� E3US1 ESS A. Kern River Program Agreement wi °.h Kern CounFy Water Agency — For Board Approval and Recommendation to City Council 3. MEN o USOMESS 0 /-.*xlo B A K E R S F 00"ftlftft I E L D MMUI R 130ARD David Couc!l, Chair HavoM Hanson, VUce ChabF Zack Sccrivner CIS OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, January 9,208 - 2:00 p.m. Water Resources Building Coriterence Room 1000 Buena !Vista Road, Bakersfield, CA 93311 .ALL TC�� OFD R 2. ROLL CALL 3. WHUTES A. Minutes of the November 14, 2007 regular meeting and December 19, 2007 special meeting for approval — For Board Review and Action 4. PU a UC ST ATEIii4JENITS 5_ KERM RWER LEVEE DISTR�CT 6. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information U(f E_�i�iE =C� E3US1 ESS A. Kern River Program Agreement wi °.h Kern CounFy Water Agency — For Board Approval and Recommendation to City Council 3. MEN o USOMESS Water Board Agenda January 9, 2000 Page 2 9. MGULLL.AME ®MS 10, WATER BOAR DDMELIflBER STATEMENTS 11. CLOSED SESSOOM 12. CLOSED SLS=M ACT0H 13 ADJ®UG° MDRENT Rorrrru Core e Wai er Resources Manager POSTED. Janus 14.2008 S: \WB MINUTES 2008 \WBAGE:NDAJanuary0908.doc Water Board Meeting 3. MINUTES January 9, 2008 A. Minutes of the November 14, 2007 regular meeting and December 19, 2007 special meeting for approval — For Board Review and Action �r ✓'Ii "1U -r1 =S CAF= �i�E RECUI_AR ,. '� `- -'r'�� OFT E Wednesday, November 14, 2007 -2:00 p.m. VVater Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 The meeting was called to order by Chairman Couch at 2:12 p.m. 2. ROLL CALL Present: Chairman Couch, Vice -Chair Hanson, Absent: Member Scrivner 3. MINUTES A. Minutes of the October 3, 2007 special meeting for approval. Motion by Ff.tn,.'CI)n to approve the minutes. pPr(tO1 ✓l -I? ALL AYES, SC ii A A' ABSENT fro AiTa Steve Lafond, Hydrographic Supervisor gave an oral report. 7. DEFERRED BUSINESS A. 2005 Urban Water Management Plan Update. Florn Core, Water Resources Manager, gave an update and responded to a letter received from the Kern County Water Agency regarding issues not related to the UWMP. A written response to the Agency will follow. Eric Averett, representing Kern County Improvement District 4, made comments regarding the Agency's letter. Motion byilianson'O approve ;TIN, APPROVED ALL AYES, S(:r2;' ✓NER AE -' i ;'V 1. 2. 3. 4. 5 C. MINUTES OF THE SPECIAL MEETING [0] :0 d L Wednesday, December 19 2007 - 2:00 p.m. City Attorney's Conference Room 1501 Truxtun Avenue, Bakersfield, CA 93301 CALL TO ORDER The meeting was called to order by Chairman Couch at 2:00 p.m. ROLL CALL Present: Chairman Couch, Vice -Chair Hanson, Member Scrivner PUBLIC STATEMENTS None. CLOSED SESSION Chairman Couch recessed the meeting to Closer' Session at 2:05 p.m. A. Conference with Legal Counsel — Existing Litigation Closed session pursuant to subdivision (a) of Government Code Section 54956.9. (1 Case) 1. City of Bakersfield v. North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500 -CV- 260360 -AEW, Tulare County Superior Court Case No. 224933 Chairman Couch adjourned from Closed Session at 2:29 p.m. CLOSED SESSION ACTION City Attorney Gennaro announced staff was given direction. ADJOURNMENT Chairman Couch adjourned the meeting at 2:30 p.m. David Couch, Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting January 9, 2008 REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information Q X Lu a r° �g Cl) C6 O w �C/5� U) Q LU 00 c� Lug O O O O O O O O O O LO O LO O LO O to O It co Co N N r r (sOy0ul) ;u84u03 aa;eM s U i (z le c N co d Cl) LL O 4- a C� :� C� -� 0 a cn U N i O E O O Z Water Board Meeting 7. DEFERRED BUSINESS January 9, 2008 A. Kern River Program Agreement with Kern County Water Agency — For Board Approval and Recommendation to City Council AGREEMENT NO Water Board Agreement No. AGREEMENT REGARDING ASSETS, RIGHTS AND PROPERTY ASSOCIATED WITH THE KERN RIVER PROGRAM THIS AGREEMENT is made and entered into on , 2008, by and between the CITY OF BAKERSFIELD, a charter City and municipal corporation, referred to herein as "CITY," and KERN COUNTY WATER AGENCY, a special act public entity, referred to herein as "AGENCY." WHEREAS, CITY and AGENCY agreed to a set of principles regarding the "Kern River Program" (Program) in a letter dated March 7, 2001 attached hereto as Exhibit "A ", stating certain principles of an agreement which shall constitute the substance of this formal written agreement between AGENCY and CITY; and WHEREAS, CITY has acquired certain property previously owned by Castle & Cooke California, Inc., as described in the Grant Deed attached hereto as Exhibit "B ", with funds provided by `Water Bond 2000" grants through AGENCY. Such property is known as the "40 Acre Property" (Property). The Property is to be used for no purpose other than for water recharge and /or recreational uses; and WHEREAS, AGENCY prepared an Initial Study and Negative Declaration on July 27, 2000 for the Kern River Restoration and Water Supply Program which was adopted September 7, 2000 and is attached as Exhibit "C "; and WHEREAS, CITY owns and operates what is known as the "2800 Acres ", a water recharge, storage, banking and recovery facility located generally along the Kern River between Stockdale Highway bridge and Interstate Highway "5 ", which provides water supply and water quality benefits to the CITY and AGENCY; and WHEREAS, unless specifically identified, this agreement does not supersede or replace existing agreements. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and AGENCY agree as follows: 1. MANAGEMENT PLAN. A Management Plan regarding the operation and monitoring of the Kern River Program is attached as Exhibit "D ". The Management Plan was developed to control groundwater extractions as to not affect the water levels or the quality of water in wells that are used to supply drinking water and fire protection to homeowners and customers of the CITY domestic water system and to avoid impacts to the Cross Valley Canal ( "CVC ") of the AGENCY. 2. AGENCY RIGHTS TO RECHARGE IN PERMANENT PONDS ON PROPERTY AND OTHER FACILITIES. CITY shall at all times offer AGENCY the ability to recharge an amount of water equivalent to what would otherwise have been able to be recharged on the Property as agreed to by the CITY and the AGENCY. Use of the facilities offered by the CITY to the AGENCY shall be for the purpose of recharge for groundwater banking and overdraft correction consistent with the terms and conditions in the Pioneer Joint Operating Agreement between the AGIENCY and CITY, dated December 18, 1996. AGENCY access to these facilities shall be through scheduling with CITY. This offer shall at all times, during the course of this agreement, include access to all permanent ponds constructed on the Property. If only a portion of the Property is available for recharge, then the balance of the recharge amount to be made available to the AGENCY by the CITY in other facilities shall be determined as the amount of recharge that could have otherwise occurred on the portion of the property not available for recharge. The Recharge Rates to be used in other facilities are quantified in attached Exhibit "E ". Additional facilities offered for use by the AGENCY from the CITY shall include the "2800 Acres" or recharge facilities at The Park at River Walk or other mutually agreeable locations that provide the AGENCY with equivalent recharge opportunities at no greater cost than would have otherwise been incurred had the AGENCY used the Property for recharge of water. If AGENCY decides to spread water in "2800 Acres" or other CITY spreading facility under its jurisdiction, then AGENCY shall be subject to fees and charges as delineated in Agreement #84 -232. CITY may provide AGENCY with equivalent water supply benefits via groundwater banking account transfers or from another banking facility, under mutually agreeable conditions. 3. KERN RIVER PROGRAM PROPERTY. CITY has the right, as described in Grant Deed, at its sole discretion to utilize the Property, for purpose of recharge and /or recreation. Should the Property, for a period of twenty -one years from the date of the Grant Deed attached hereto as Exhibit 13, be used for any purpose other than recharge and /or recreation, the CITY shall convey the Property to the AGENCY. The AGENCY, for the remaining portion of the twenty -one year period, shall not use the Kern River Program Property for any purpose other than recharge and /or recreation. 4. CITY WELLS IN 2800 ACRES. CITY shall provide AGENCY the ability to pump up to 12,500 acre -feet annually from wells owned and designated by CITY, located in the "2800 Acres ", or other mutually agreeable locations, to provide such groundwater pumping capacity. a. During the period March 16 through October 14, AGENCY shall have first priority to use all capacity available to the CITY in the "2800 Acres" wells west of the Union Pacific Railroad, or other mutually agreeable locations, and that capacity in what is known as Olcese #1 and #2 wells when such wells are not being used to meet drinking water needs in the CITY, for the pumping of up to 5,000 acre -feet. If after making this delivery, CITY has capacity available from the wells located in the "2800 Acres ", AGENCY may utilize this unused capacity to pump up to 7,500 acre -feet total during this period. SA2008 CONIRACTS\Kem River Program Agreement.doc -2- b. During the period October 15 through March 15, AGENCY shall have first priority to use all well capacity available to the CITY in the "2800 Acres" for the pumping of up to 7,500 acre -feet. If after making this delivery, CITY has unused capacity available from the "2800 Acres" wells, AGENCY may utilize this additional capacity to deliver up to 10,000 total during this period. C. Certain CITY wells may be temporarily interconnected with AGENCY'S existing wells and pipelines to provide delivery to the AGENCY'S CVC or in the alternative, the connection between the Kern Water Bank Canal and the CVC, with any such connections installed at AGENCY expense. CITY shall have the right to use the interconnection with the CVC or other connections at times when it is not being used by the AGENCY, at no cost to CITY. d. At all times, AGENCY shall use its best efforts to provide the highest quality water for delivery to the Bakersfield urban area by the use of these wells and /or exchanges to facilitate such water quality deliveries. AGENCY use of the CITY wells and the recovery capacity is restricted and shall be pumped and used for the following: 1. Use within incorporated boundaries of CITY, whether for treatment and direct delivery to consumers or groundwater recharge; or 2. Use within service area of the AGENCY treatment plant within the boundaries of Improvement District No. 4 of AGENCY at the time of execution of this agreement; or 3. Use within the boundaries of Improvement District No. 4 of AGENCY at the time of execution of this agreement; or 4. To meet agricultural irrigation demands of CITY Basic Contractors; or 5. For delivery to other agricultural water districts for agricultural irrigation use within Kern County. In any event or under any circumstance, the water produced from the CITY wells by AGENCY shall be used strictly within the descriptions above and for no other purpose or purposes whatsoever. e. Fees and charges for use of CITY well capacity by AGENCY shall be determined by CITY using reasonable cost factors comprised of normal operations, maintenance, power, repair and replacement costs. At time of request by AGENCY to use wells under this agreement, AGENCY shall notify CITY in writing immediately following receipt of such request and provide CITY with sufficient detail for CITY to process billing and accounting associated with AGENCY groundwater storage in "2800 Acres ". f. The AGENCY'S ability to pump up to 12,500 acre -feet during the time periods described herein from CITY wells shall remain in effect for as long as City owns and holds the Property and the Property has not been conveyed to AGENCY pursuant Grant Deed (Exhibit B). SA2008 CONTRACTS\Kem River Program Agreement.doc ISIE 5. JOINT INDEMNITY LIMITATION ON LIABILITIES AND INDEMNIFICATION. a. No party shall be liable to any other party for any loss, damage, liability, claim or cause of action for damage to or destruction of property or for injury to or death of persons arising solely y from any act or omission of the other party's officers, agents or employees. b. CITY and AGENCY agree to indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, officers, or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. C. The party against whom any claim arising from any subject matter of this Agreement is filed shall give prompt notice of the filing of the claim to the other party. 6. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 7. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally delivered or sent by certified or registered mail, in which latter case service will be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice given in the manner herein provided: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 Buena Vista Road Bakersfield, California 93311 AGENCY: KERN COUNTY WATER AGENCY P.O. Box 58 Bakersfield, California 93302 -0058 8. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 9. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 10. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the agreement and their heirs, administrators, executors, personal representatives, successors and assigns. SA2005 CONTRACTS\Kem River Program Agreement.doc 11. CORPORATE AUTHORITY. Each party executing this Agreement represents and warrants that he /she is duly authorized to execute and deliver this Agreement on behalf of the organization named herein and that this Agreement is binding upon said organization in accordance with its terms. 12. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 13. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the CITY Council, the Kern County Water AGENCY Board of Directors, and signed by all the parties. 14. NEGATION OF PARTNERSHIP. No party shall become or be deemed a partner or joint ventures with any other party or associate in any such relationship with any other party by reason of the provisions of this Agreement. AGENCY shall not for any purpose be considered an agent, officer or employee of CITY and CITY shall not for any purpose be considered an agent, officer or employee of AGENCY. 15. ACCOUNTING RECORDS. All parties shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at each party's office during the term of this Agreement. Said records shall be made available to CITY or AGENCY representatives upon request at any time during regular business hours. 16. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 17. OPINIONS & DETERMINATIONS. Where the terms of this Agreement provide for action to be based upon opinion, judgment, approval, review or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review or determination to be arbitrary, capricious or unreasonable. SA2008 CONTRACTS\Kern River Program Agreement.doc - 5 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. "CITY" "AGENCY„ CITY OF BAKERSFIELD KERN COUNTY WATER AGENCY By: By: HARVEY L. HALL FRED L. STARRH Mayor President By: By: DAVID COUCH JAMES M. BECK Water Board Chairman General Manager APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT FLORN CORE Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney COUNTERSIGNED: LZA NELSON SMITH Finance Director SA2008 CONTRACTS\Kem River Program Agreement.doe WON AMELIA T. MINABERRIGARAI General Counsel vT YIWA I E R AGENCY Directors: Fred L. Starch Vice President Division 1 Terry Rogers March %, 2001 Division 2 Peter Frick President Division 3 Michael Radon Division 4 Adrienne J. Mathews Division 5 City of Bakersfield Lawrence P. Gallagher Division 6 1000 Buena Vista Road Bakersfield, CA 93311 Gene A. Lundquist Division 7 Re: Agreement Regarding Assets, Rights & Property Thomas N. Clark Associated with the Kern River Program General Manager John F. Stovall Dear Mr. Bogart: General Counsel Mailing Address: P.O. Box 58 Bakersfield, CA 93302 -0058 Phone: 661/634-1400 Fax: 661/634 -1428 We write to confirm our agreement regarding certain assets, rights and property associated with our cooperative effort on the Kern River Program. The attached principles, incorporated herein by reference, set forth the agreement and we will work together during the coming year to develop a more precise and formal statement of the agreement. As you know, the Agency and City have a common interest in enhancing the benefits of the Kern River and underground aquifers to city and county constituents. The Agency has received a grant from the state under recently enacted Proposition 13 and is willing to utilize funds from it for the Kern River Program that has been the subject of our discussions. The Agency will be providing $3,000,000 in funding to assist the City in acquiring certain property from Castle & Cooke California Inc., a description of which is included in the attached Exhibits A &B. This property will be an important part of our mutual program. The Agency is providing the money based upon our agreement as stated by this letter, and as supplemented by the concurrent agreement between the Agency, City and Castle & Cooke California, Inc. which is scheduled to close on March 8, 2001. Before the EXHIBIT "A" KERN COUNTY WATER AGENCY City of Bakersfield Re: Kern River Program Principles of Agreement March 7, 2001 Page Two end of this year we will develop more detailed formal agreements incorporating the principles set forth herein. We both will negotiate these more detailed agreements in good faith. If we are unable to reach a final detailed agreement, each party will return the consideration received from the other, though obviously we do not anticipate such a probleiri If you concur that the foregoing and the included principles constitute our agreement, then please have an authorized representative sign below indicating your agreement and return to us. We will conclude by formally signing. We look forward to working with you to further develop our agreement, and, more importantly, to working with you over the years to enhance the benefits to our community from the assets and rights we each possess. We anticipate that this program will long be viewed as a significant enhancement of our communities economy and quality of life. Very truly ,yours, �Y� 0— Thomas N. Clark General Manager The attached principles and the foregoing constitute our agreement to this date. KERN COUNTY WATER AGENCY by Thomas N. Clark Title: General Manager Date: Z . i . Q 1 cc: Kern County Water Agency Board of Directors City of Bakersfield City Council CITY OF BAKERSFIELD March 7, 2001 Principles of Agreement Between Kern County Water Agency and City of Bakersfield Re: Use of Facilities, Purnping Capacity and Operation of the Kern River Program 1. The Kern County Water Agency ( "Agency ") agrees to provide $3.0 million for the purchase of approximately 40 acres of property from Castle & Cooke California, Inc. (Castle & Cooke,) located in the vicinity of Stockdale Highway and Allen Road (as shown on attached Exhibit A and hereinafter referred to as "C &C Property ",) from grant funds received from the State of California under the Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act ( "Water Bond 2000" or "Proposition 13 ") for the Kern River Program. Agency agrees to the conveyance from Castle & Cooke of the fee ownership of the C &C Property to the City of Bakersfield ( "City") pursuant to the agreement attached as Exhibit B. 2. Under the joint Kern River Program outlined by letter dated May 25, 2000, City and Agency agree to cooperate in a program that restores flows in the Kern River Parkway and allows exchange Opportunities to provide the highest quality water to be used in the urban area. 3. Agency will receive the right to locate three wells for use by Agency on the C &C Property. Such wells are to be dedicated for use in the operation and management of the Kern River Program for Agency Improvement District No. 4 purposes. Agency shall be responsible for the capital cost of the wells excepting any costs for aesthetic improvements beyond normal security needs. Agency and City agree to develop an overall management plan that will describe the operations and obligations related to the facilities located on the properties addressed in this agreement in accordance with the principles described in this agreement. Agency will receive a first priority right at all times and at its sole discretion to utilize ponds constructed on the C &C Property and those constructed in the new City park ( "30 Acre Park ") for the purpose of recharge for ground water banking and overdraft correction consistent with the terms and conditions in the Pioneer Project Joint Operating Agreement between the Agency and City, dated December 18, 1996. All costs shall be covered by the City and the ponds will be constructed to avoid damage to the Cross Valley Canal of the Agency. 6. City shall provide the Agency first priority spreading rights in City 2800 Acre Recharge Facility ( "2800 Acres ") equal to the recharge capacity not used on the 40 acres of C &C Property. The Agency's first priority spreading right shall be calculated as the total recharge capacity of the 40 Acres of C &C Property (as mutually and reasonably agreed to by Agency and City) less actual recharge made available to Agency on C &C Property. City may provide Agency with equivalent water supply benefits from another banking facility, under mutually agreeable conditions. 7. Once the dedication of recharge capacity to Agency has occurred, City will have the right at it's sole discretion to utilize the lands on the C &C Property, for purpose of recharge or recreation. City shall provide Agency the first priority capacity right for 10,000 acre -feet annually from City wells located in the 2800 Acres, generally located adjacent to City's River Canal west of the Union Pacific Railroad or other mutually agreeable locations, to provide such ground water pumping capacity. In the absence of use of the capacity by the Agency for the purposes described herein, i the City shall have the right to use the capacity for it's purposes. Wells are to be interconnected with Agency's existing wells and pipelines to provide delivery to the Agency's Cross Valley Canal or,in the alternative, a connection will be constructed between the Kern Water Bank Canal and the Cross Valley Canal. At all times, Agency shall use its best efforts to provide the highest quality water for delivery to the urban area by the use of these wells and/or exchanges to facilitate such water quality deliveries. Agency use of the City wells and the recovery capacity shall be based on a priority schedule and pumped and used for the following, and in the following order: (a) use within incorporated boundaries of the City of Bakersfield; (b) use within service area of the Agency treatment plant; (cy use within boundary of Improvement District #4 of Agency; (d) to meet agricultural demands of City's Basic Contractors; and (e) for delivery to other agricultural water districts for use within Kern County. No capital component will be charged by City to Agency for Agency's use of these wells. An agreement will be developed between the City and the Agency to address replacement costs associated with this capacity. City shall have capacity rights to the interconnection with the Cross Valley Canal at times when it is not being used by the Agency, at no cost to the City. The Agency's right to the 10,000 acre -feet of City well capacity shall remain in effect for as long as the City owns and holds the C &C Property.0 &C property has not been transferred to or reverted to the Agency pursuant to Section 6.3.2 or Section 9 of Exhibit B. City agrees to the assignment to the Agency by Olcese Water District ( "Olcese ") of the existing City/Olcese agreements on the 2800 Acres, and will work with Agency to reform the agreements within one year of the date of this agreement. City also agrees to release Olcese of its obligation to maintain any 13 year'water supply under the City/Olcese Agreement. The term of the reformed agreement shall remain in effect for as long as the Agency owns and controls the Lower River Water Rights. 10. These principles, and the letter attached hereto, constitute the entire current agreement between the parties, and supersede all other oral or written representations. No compensation for the considerations granted herein by either party shall be due unless specifically stated herein, or in the attached letter, unless specifically stated in a written amendment pursuant to this paragraph. This agreement may be modified only in a writing approved by the City Council and Agency Board of Directors, and signed by all parties. 11. This agreement is effective upon execution, and is the product of negotiation and all parties are equally responsible for authorship. Section 1654 of the California Civil Code shall not apply to this agreement. 12. Other common "boilerplate" provisions mutually agreeable to the parties may be included in the subsequent formal agreement between the parties. —SX8 M9 , ,• Viz-::,, My American Title c.m a am µ HiLs` iIZC D RP _ I L T City of I: t s :uC 30 i Tr n . A ven gnk mftd. C51 93301 409 - 260 -14 409 - 260-17 409 - 260-19 409 -26019 SWIM 11.1 James Maples,Assessor- Meooraor Kern CountY Official Records DOCUORT #x0209030963 nl�l ®tea ®� ®a��o "),Jr- l K Pages: 5 3/08/2001 9:00:00 Fees. 19 bo Taxes... Other.. TOTAL PAID.. 19 00 Move UWA LIE-2RosRw�'8 U stat. M=w No.- II �4�A GRANT ORED THE UNDMSIGNED GRANTOR(s) D : THAT L ►,OCI;',itP.S'r-T/,Al TR_A.' Y- MTA Y& 12: Cni:ti;".. C�SQ]t d[ CeDhG Caffor Inc., ' Corporation ka1eby GRANT(S) to aty d 2skadleld, a =Wcipal corporation and California chartw tdt[Y the follawins o oo P ix� the CRY ©f BakristitK County of Kara Stave of CaUfoTWM SEC �l,.i�� "A' AUtx'', -,' hcrcto i�.t.I um.>w1c � per hcr,c- ...`.1 _�;<. � ., •- +a. 1 8 GRANT DEED CONTINUED ON NENT PAGE ®ll�� Mail Tax SLICU=ts W-- SAME AS ABOVE or Add NoW B40W EXHIBIT "B" A.P.I.. Vice Pres. F an J De . ch, Vice no ma fay offtid @mew =I. T r, l�h EXHIBIT"Ao PARK SITE — JEWETTA AVE. REALIGNED FkRCEL ,�,' is "S_ "��-1, "v �i �F TiJ� ir. `�.' ti. F• ;c.� ;�',_'�i Lw'JG� �� —�_,T '�li i_ —i;� ' _ v MCIWOSH &AssocWEAS'a' b rn ;}86INAl --------- - - - - -- -- Y� 51•�d'E j � x'00 I , 2 � � 5 p Aam (adou wdvd ago) do-LO-31-100 LO rn o l J ck CL t % Q QVOkI N31'1V f Z � o i i► p p { p p r -1 Q Naga i' L Lc-) � � i� ( (if { 1 { I { I ------------------------------ - - - - - - -- - ----- - T -- Z � CEPI 'MQUE OF ACCEPTANCE C �,a�y•� cf trle ;i'y of Bakers,��ld ORIGINAL A ERIN COUNTY WATER .AGENCY Directors: GROUNDWATER Pioneer Fred L. Starrh TO All Responsible Agencies and Interested Parties President Division 1 FROM: Thomas N. Clark Terry Rogers Division DATE: July 27, 2000 Peter Frick Division SUBJECT: California Environmental Quality Act (CEQA) Compliance for the Kern Michael Radon River Restoration and Water Supply Program Division 4 Adrienne J. Mathews Division Pursuant to the California Environmental Quality Act (CEQA), the Kern County Water Agency (Agency) will be the Lead Agency and has prepared an Initial Study, Henry C. Garnett Vice President Environmental Checklist /Explanation of Responses and Proposed DraftNegative Declaration Division 6 for the Kern River Restoration and Water Supply Program. We are soliciting the views of Gene A. Lundquist your agency as to the scope and content of the environmental information which is applicable Division 7 to your agency's statutory responsibilities in connection with the proposed project. Thomas N. Clark In order to review and consider your comments during the pub is review period, the GeneralManager Agency requests that all comments be received no Iaterthan September 1, 2000. Following John F. Stovall the review and comment period, the Initial Study and Negative Declaration will be presented GeneralCounsel for adoption by the Agency Board of Directors at a public hearing to be held at 4:00pm on Thursday, September 7, 2000, at 3200 Rio Mirada Drive, Bakersfield. Please submit comments to: Mr. Thomas N. Clark, General Manager Kern County Water Agency P.O. Box 58 Bakersfield, CA 93302 -0058 If you require any further information, please contact Kane Totzke at (661) 634- M1.3 Sincerely, Thomas N. Clark General Manager Enclosures Mailing Address: P.O. Box 58 Bakersfield, CA 93302 -0058 Phone: 661/634-1400 EXHIBIT "C" Fax: 661/634 -1428 11[�01 i MIN Jf! WIN E- It I ._,I �, E= Prepared by the Kern County Water Agency, July 27, 2000 . � i� r � y _ �� A - � - Fl ly � Environmental r •I 'for CEQA Guideline section 1. Project title: Kern River Restoration and Water Supply Project 2. Lead agency name and address: Kern County Water Agency P.O. Box 58 3200 Rio Mirada Drive Bakersfield CA 93302 -0058 3. Contact person and phone number: Thomas N. Clark, General Manager, 661 - 634 -1400 4. Project location: The Project is located in the City of Bakersfield primarily along the Kern River corridor from the projected extension of Haley Street on the east side, to the California Aqueduct on the west end, and south and west of Bakersfield in the unincorporated portion of the county along the Cross Valley Canal and Arvin- Edison Canal and including other local water conveyance facilities. Also, see attached Project location maps. 5. Project sponsor's name and address: Same as lead agency. 6. Description of project: Summary. Project proposes to provide significant water quality, water supply, environmental and community benefits for the metropolitan Bakersfield area and a broad range of Kern County water users through the coordinated implementation of a number of program components including: (1) acquisition of the Lower Kern River water right (Lower Right), i.e., Hacienda /Garces pre -1914 water right, including associated Lake Isabella Storage; (2) Purchase of land from Castle and Cooke California, Inc., for additional recharge and recovery facilities; (3) construction of 12 new agricultural water recovery wells and construction of enough Urban area wells to achieve a flow capacity of 60 cfs; and (4) Construction of water exchange facilities, interconnection of water conveyance facilities and modification of the Pool 1 portion of the Cross Valley Canal. Expanded Description. See attached Initial Study Project Description. 7. General plan designation and zoning: No change to the existing General Plan or Zoning laws is anticipated. 8. Surrounding land uses and environmental setting: The Kern River Parkway Plan and EIR were adopted in 1988 by the City of Bakersfield. The natural site presently includes 1,400 acres along the majestic Kern River corridor extending from Manor Street on the northeast side of the City of Bakersfield to a point one mile below the Stockdale Highway bridge on the city's western edge. A bike path meanders alongside the course of the Kern River, providing for 12 miles of uninterrupted scenic activity. The primary benefits of the Parkway include flood control, water recharge and conservation, preservation and restoration of native riparian habitats and open space for greenbelt and recreational uses. The Kern River Parkway is a community project involving active, on -going public participation and has resulted in improved community image and attractiveness of the natural environment; a unique family oriented recreational area for all to enjoy. Major features of the Kern River Parkway include: 1) 320 acres of primary river channel; 2) 275 acres of natural and riparian land; 3) 460 acres of natural habitat for educational studies; 4) 25 acre Truxtun Lake Recharge Area; 5) 12 miles of uninterrupted bike path with 9 rest areas; 6) 8 miles of equestrian trails; 7) Multi- station exercise par course, 8) 3 professional quality sand volleyball courts; 9) 4 public parks with group picnic areas. -1- In November of 1999, a landmark water agreement was approved between the City of Bakersfield and the Kern County Water Agency designed to keep water flowing in the Kern River during the May through September recreation period in years when ID4's SWP entitlement allocation is 50% or greater. The proposed Project helps the historic pact to ensure a that in most years water will flow in the river throughout the summer months, even during years of less than 50% SWP supplies, providing for expanded recreational activities, especially at the popular Beach Park and Yokuts Park. Also the proposed Project will complement and supplement existing and ongoing urban and agricultural programs to recharge water in wet years for recovery of recharged water through extraction by wells in dry years. The proposed Project is fully compatible with existing land uses and environmental settings. 9. Other public agencies whose approval is required: None. -2- ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources o Hazards & Hazardous Materials ❑ Mineral Resources ❑ Agriculture ❑ Cultural Resources ❑ Hydrology / Water Quality ❑ Noise ❑ Resources Air Quality ❑ Geology /Soils ❑ Land Use/ Planning ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation /Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance ® None. DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: Of find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects of the (a) have been analyzed adequately in the Previous CEQA Documents pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to the Previous CEQA Documents, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. JuI}l 27a 20 00 Thomas N. Clark Date General Manager Kern County Water Agency -3- CaNfornia Environrnenta9 QuaMy Act MM AL STUDY Project Description of the Dorn River Restoration and Water Suppp y Program The Kern River Restoration and Water Supply Program proposes the integration of newly acquired assets and coordinated operation of existing and new water recharge, recovery and conveyance facilities. The Kern County Water Agency, (Agency) along with other local water leaders have been working to implement the Kern River Restoration and Water Supply Pro ram, (Project) utilizing funds from the "Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act" (Proposition 13). The purpose of the Project is to generate broad local water supply, environmental and community benefits, and targeted drinking water quality benefits within the metropolitan Bakersfield area. The proposed Project consists of the four following broad components, and further defined below. 1. Acquisition of the Kern River Lower Water Right 2. Construction of enough urban area water wells to achieve a flow capacity of about 60 efs 3. Construction of water quality exchange facilities 4. Construction and acquisition of local facilities to enhance groundwater recharge and recovery opportunities and associated appurtenances, including modification of the Pool 1 portion of the Cross Valley Canal (CVC), and interconnection of other existing canals. Water quality and water supply benefits from the Project will be realized through the acquisition of the high flow Lower Kern River water right (Lower Right), i.e., La Hacienda and Garces pre -1914 water right to the Kern River. This high flow water is estimated to be available when the Kern River is at or above 120% of normal run -off or in about one out of every five years. Table 1 below shows a 105 year summary of historical annual Kern River entitlements for La Hacienda. DAWPDOCS \KRRandWSP \project description.wpd TABLE Year First Point April- % of La Hacienda Entitlement (AF) 36,181 flows in (AF) July flows Normal 654,262 138 0 18,375 18,375 (AF) 1,900,540 Jan -Mar Apr -Jul Total 1895 1,023,051 694,729 146 0 36,181 36,181 1897 893,433 654,262 138 0 18,375 18,375 1906 1,900,540 1,391,636 293 0 399,190 399,190 1907 990,900 678,748 143 0 45,649 45,649 1909 1,838,644 1,218,975 256 40,306 294,730 335,036 1911 1,013,385 701,168 147 0 39,014 39,014 1914 1,113,515 685,012 144 10,512 31,906 42,418 1916 2,520,149 1,571,597 331 165,981 508,066 674,047 1917 823,083 560,304 118 0 3,401 3,401 1922 964,080 617,710 130 0 5,844 5,844 1937 1,260,182 852,047 179 7,358 105,401 112,759 1938 1,358,688 961,769 202 0 170,179 170,179 1941 1,401,078 995,657 209 0 168,590 168,590 1943 1,220,828 697,182 147 53,036 37,260 90,296 1952 1,500,998 1,119,815 236 0 234,738 234,738 1 958 1,1 04,730 831,669 175 0 96,435 96,435 1967 1,396,229 924,005 197 0 137,063 137,063 1969 2,461,369 1,747,874 373 65,152 614,714 679,866 1973 979,652 723,768 154 0 48,958 48,958 1978 1,653,505 1,094,375 249 29,209 219,348 248,557 1980 1,639,968 991,025 225 67,337 166,551 233,888 1982 1,271,139 796,794 171 0 81,089 81,089 1983 2,489,131 1,545,810 323 79,848 508,966 588,814 1986 1,444,941 886,674 184 48,645 120,637 169,282 1995 1,353,037 929,221 199 658 139,357 140,015 1996 1,038,261 599,331 128 0 16,279 16,279 1997 1,181, 969 571,476 122 73,010 0 73,010 1998 1,717,967 1,137,373 239 27,587 245,361 272,948 Total 39,554,452 1 26,180,006 668,639 1 4,493,282 5,161,921 D: \WPDOCS\KRRandWSP \project description.wpd Pace -2- As can be seen from the Table 1, deliveries of the Lower Right are highly variable from year to year. For example, over the 105 year period of record, 1969 was the maximum total delivery year with a quantity of 679,866 acre -feet. During seventy -seven (77) years over the 105 year period, no Lower Right flow is available. The lowest quantity on record of the years Lower Right flow was available was 3,401 acre -feet delivered in 1917. As shown in Table 1, Lower Right water has a high range of variability in flow. A goal of the Project is to maximize the opportunities to use this water for urban and agricultural purposes, either for direct urban use or for groundwater recharge. The long -term average annual yield of the Lower Right water is estimated at 40,000 acre -feet. Another one of the goals of the Project is to make available for urban use, the highest quality water. Due to the high quality nature of Kern River water, when available for use up to a maximum of 40,000 acre -feet of annual Lower Right water will be given priority for delivery to the Improvement District No. 4 (ID4) Henry C. Garnett Water Purification Plant (Purification Plant) and delivered for urban use in the greater Bakersfield area. This will assist the Purification Plant in meeting existing and future water quality standards for the public water supplies as administered by the Environmental Protection Agency and other government regulators responsible for Public Health. Annual Lower Right water available above the amount used by the Treatment Plant will be used for groundwater recharge and provide a water supply benefit to local agricultural water districts as described elsewhere in the description. Environmental and community benefits are an important part of the Project. The Project plans to assure through acquisition of the Lower Right and by annual water exchanges with local water district having other Kern River water rights, that the heart of the City of Bakersfield (from Manor Street downstream to Allen Road) will enjoy a 12 mile stretch of re- watered Kern River, at least from May through September. This stretch of the Kern River has been usually dry since the mid- 1950's, except in wet years, and will complement the existing Kern River Parkway Plan and EIR adopted in 1988 by the City of Bakersfield. D: \WPDOCS \KRRandWSP \project description.wpd Page -3 An integral component of the program is the proposed construction of urban area wells along the right -of -way of the Kern Island and Cross Valley Canals, east of Highway 99 (see attached maps). In dry years, estimated to be when the Kern River is at or below 50% of normal, these wells will be pumped as part of the exchange to keep the Kern River channel wet between Manor Street on the east end, and the Stockdale bridge at the west end of the City. Water that has previously been released down the Kern River channel and percolated will be recaptured and recirculated by these wells. The ability to recirculate water is accomplished by an exchange among ID4 and Kern Delta WD (KD) /North Kern WSD (NK). These wells will only be pumped during the driest of years to pay water back when NK and KD for release of their Kern River water into the Channel. This component of the Project will serve to keep the river flowing during the peak recreational use months of May through September, without decreasing the supplies that are needed during the critical water short years. The Table below shows an example of an operation during a year when the wells will be maximized and water is available for reregulation in Isabella by NK and KD. TABLE 2 Month Water delivery to KD and Change in KD and NK KD /NK deliveries to Feb NK from urban area wells Isabella Storage entitlement Kern wet the Kern River Mar via Kern Island and do to River deliveries (AF) Channel (AF) Apr Beardsley Canals (AF) reregulation (AF) 0 Jan 2,918 2,918 0 Feb 2,918 2,918 0 Mar 2,918 2,918 0 Apr 2,918 2,918 0 May 2,916 (4,084) 2,916 4,084 Jun 2,916 (4,084) 2,916 4,084 Jul 2,916 (4,084) 2,916 4,084 Aug 2,916 (4,084) 2,916 4,084 Sep 2,916 (4,084) 2,916 4,084 Oct 2,916 2,916 0 Nov 2,916 2,916 0 Dec 2,916 2,916 0 Total 35,000 0 14,580 20,420 D: \WPDOCS \KRRandWSP \project description.wpd Page -4- When required, the KCWA /ID4 will annually provide up to 35,000 acre -feet of water directly or by exchange for delivery into the Kern River Channel beginning at Manor Street in order to help maintain the flow for recreational, community and environmental benefits to the citizens of Metropolitan Bakersfield. The target period to wet the Kern River Channel is the months of May through September or a 150 day continuos period. It is es':imated with a high degree of confidence, that a total flow of 35,000 acre -feet is required to wet the targeted River Channel area for the 5 -month period. To allocate a continuous flow of the 35,000 acre -feet over this period requires an approximate instantaneous capacity of 117 cfs. The exchange to keep the Kern River Channel wet for the 5 -month period would be accomplished under the following programs: • No use of wells, normal Kern River hydrology: KD and NK release a combined flow capacity of 117 cfs of their respective Kern River entitlement in the Kern River Channel during the months of May through September, that would otherwise have been delivered to the districts, via the Beardsley and Kern Island Canals. In exchange (either simultaneously or by payback), ID4 conveys an equal amount of SWP water entitlement or other water in the CVC for delivery to KD /NK via the CVC extension, the Arvin- Edison turnout, or the proposed cross river pipeline. • Use of wells dry SWP and /or Kern River hydrology: KCWA pumps the Urban area wells. The east wells pump water into the CVC and /or Kern Island Canal for delivery to KD and for delivery to NK via the Beardsley Canal. In addition, wells pump recovered water into the CVC for delivery to KDWD via the Arvin- Edison turnout and connection to the Kern Island Canal. The wells supply approximately 35,000 acre -feet over a 10 to 12 month period. KD and NK reregulate their Kern River supply during the first and last months of the year as shown in the example in Table 2 above and deliver water out of storage down the Kern River channel during the May through September period. • In the wettest e� ars_ During wet years on the Kern River, there will be plenty of high flow water available to wet the Channel and no water will be required from ID4 and KD /NK. D, \WPDOCS \KRRandWSP`,project description.x pd Page -5- 1. To facilitate the water exchanges described above, a number of new facilities would be constructed described below: a. Facilities would be modified as needed on the Arvin - Edison Canal used to divert water to the various canal owned by KD. These diversion facilities would have a targeted capacity of 150 cfs. See attached map for facility locations. b. A pipeline would be constructed in order to divert well water, SWP and /or Friant -Kern water from the CVC to the Kern Island Canal to a point just east of Manor Street. This pipeline facility would have a targeted capacity of 150 cfs. C. As an alternative to item "b" above, the existing eastside pipeline owned and operated by ID4 would be modified to deliver water from the CVC to the same location in the Kern Island Canal. This pipeline facility has a targeted capacity of 60 cfs. In years when the Lower Right water is available, the first 40,000 acre -feet will be used to meet the needs of the ID4 Purification Plant for delivery to the Urban Bakersfield area. The next increment of yield (40,000 acre -feet to 125,000 acre -feet) can be regulated within the same year. Any yield above that will be available for immediate delivery. Historically, the flows have been as high as 550,000 acre -feet. Currently not all the water can be captured. Another program component is to acquire and construct facilities to enhance local groundwater recharge and recovery operations. To accomplish this goal, additional regulation /recharge basins will be constructed on approximately 80 acres property which has been targeted for acquisition from Castle and Cooke California, Inc. The property is located along both sides of the Kern River near the Stockdale bridge. Portions of the property will be dedicated to groundwater recharge and other portions will be used for a multi - propose Park facility, with groundwater recharge given a priority when the Kern River is in a high flow year, thus combining a prominent water feature into the park. Lower Right water available for use above what is needed by the Purification Plant would be recharged in the facilities listed below: DAWPDOCS \KRRandWSP \project description,\vpd Page -6- • In the new land acquired from Castle and Cooke California, Inc., (CCC) located near the Stockdale bridge on both sides of the Kern River. These lands will consist of one 10 -acre recharge pond north of the River and one 5 -acre recharge pond south of the Kern River. A potential annual recharge of 5,500 acre -feet can be achieved in these ponds, based on a recharge rate of 1.Oac -ft /ac /day. e In the 40 new acres of land acquired from CCC located on the north side of the Kern River near the Stockdale bridge. This land is proposed to be used as a multi - purpose recreation facility and during wet years will be used to recharge the high flow months that Lower Right water is available. A potential monthly recharge of 120 acre -feet can be achieved in this area, based on a recharge rate of 1.Oac -ft /ac /day. The existing banking projects will also have access to this water. • The Berrenda Mesa Project recharge facility. This Project has a potential annual recharge capacity of 58,000 acre -feet. The Pioneer Project recharge facility has a potential annual recharge capacity of 146,000 acre -feet. The Kern Water Bank Project has a potential annual recharge capacity of 450,000 acre -feet. This water may also be used to meet other Ag, urban or groundwater management purposes. To enhance the capability of existing canals to convey recovered water, the Project proposes to interconnect the Kern River Canal with the Kern Water Bank canal and to raise the lining of the CVC in Pool 1. The CVC would be modified to "float" off the Aqueduct to increase the operational opportunity for water exchanges. The modification will also reduce water over- topping the lining, increase flexibility to move water around the County, reduce energy costs, and reduce operations and maintenance costs. This work covers the portion of the CVC that extends from the California Aqueduct turnout near Tupman to the forebay of Pumping Plant 1. All work would be done within the existing CVC right -of way. The Project proposes to construct 12 new agricultural groundwater recovery wells. The 12 wells will be located on either the Agency's Pioneer property, Kern Water Bank, and /or private land in the vicinity of existing projects. The wells are estimated to have an annual D \WPDOCS \KRRandWSP \project description.wpd Page -7- recovery capacity of 36,000 acre -feet. In dry years the banked Lower Right water will be recovered using the 12 new agricultural wells constructed as described above. The recovered banked water will be delivered to the CVC, Kern River Canal or the Kern Water Bank Canal and directly or by exchange delivered to the Participants of the Banking Projects to supplement shortages in surface water deliveries. The operation of the urban and agricultural wells will be governed by the principles substantially similar to those found in the Memorandum of Understanding (MOU) regarding the Operation and Monitoring of the Kern Water Bank Groundwater Banking Program. The MOU outlines the terms, methods and procedures for the monitoring program appropriate for groundwater recharge and recovery projects. Each year, a report will be published by the Monitoring Committee which presents the following information: A. A summary of ground water levels collected during the year; B. A summary of water quality analyses of water collected during the year from recovery wells and monitoring wells; C. Records of water recharged during the year and its source; D. Records of water recovered during the year. E. The status of current accounts of stored water, including losses, and the quantities of water available for recovery; F. Information regarding any ongoing groundwater quality remedial concerns that may arise from time to time. DAWPDOCS \KRRandWSP \project description.wpd Page -8- -- vir®nmental Checklist: I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES - - Would the project: a) Convert/reduce Prime Farmland, Unique Farmland, or Farmland of itewide Importance (Farmland) to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Potentially Less Than Less Dian No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a K A M d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as 'fined by Section 404 of the Clean Water Act (including, but not .sited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Page -2- Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ the routine transport, use, or disposal of hazardous materials? Page -3- Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated c) Directly or indirectly destroy a unique paleontological resource or ❑ ❑ ❑ ❑ site or unique geologic feature? d) Disturb any human remains, including those interred outside of ❑ ❑ ❑ formal cemeteries? VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, ❑ ❑ ❑ including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the ❑ ❑ ❑ most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic - related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? ❑ ❑ Cl b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or that would ❑ ❑ ❑ become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the ❑ ❑ ❑ Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic ❑ ❑ ❑ tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through ❑ ❑ ❑ the routine transport, use, or disposal of hazardous materials? Page -3- b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project a? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Page -4- Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -- Would the project: Page -5- Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Cl ❑ ❑ a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? h) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Xi. NOISE -- Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? HN A substantial temporary or periodic increase in ambient noise levels ie project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Page -6- Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact ❑ Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated XiII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts ❑ ❑ ❑ associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ ether public facilities? ❑ ❑ ❑ XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and ❑ ❑ ❑ regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the ❑ ❑ o construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic which is substantial in relation to the ❑ ❑ ❑ existing traffic load and capacity of the street system (i.e., result in a substantial increase ;:n either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service ❑ ❑ ❑ standard established by the county congestion management agency for designated roads or highways? Page -7- c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable ,gional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the projects solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Page -8- Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact ❑ Afitigation ❑ Incorporated ❑ ❑ ❑ ❑ ❑ ❑ N ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation Incorporated XVII. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the ❑ ❑ ❑ environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but ❑ ❑ ❑ cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause ❑ ❑ ❑ substantial adverse effects on human beings, either directly or indirectly? Page -9- EXPLANATION OF RESPONSES INITIAL STUDY CHECKLIST Project: Kern River Restoration and Water Supply Program Agency: Kern County Water Agency I. Aesthetics. a. The Project will have the potential to increase the aesthetic value of the Kern River corridor area during wetting periods. b. The Project will not damage scenic visual character or quality because new activities are complementing existing operations. C. See 1 b above. d. The Project may create a new source of light during well construction, since well drilling occurs around the clock. However, this will be a temporary effect. II. Agriculture Resources. a. No farmland will be taken out of production as a result of construction and acquisition of assets proposed under this Project. b. No. None of the lands at the Project locations proposed for facility construction are under a Williamson Act contract. C. No III. Air Quality. a. The project will result in increased air emissions from vehicles and equipment during the construction and operation and maintenance periods. However, the emissions will be short term and no more than from existing urban and agricultural activities. b. During construction and operation, the Project will not result in violation of any air quality standards or generate any objectionable odors. C. The project is not expected to generate a cumulative net increase in any pollutant for which the region is in non - attainment under federal or state standards. d. No. e. No. IV. Biological Resources. a. No threatened or endangered, or other sensitive plant or wildlife species, pursuant to State and Federal Endangered Species Act, are known to be present at or near the proposed project sites. The project is not expected to reduce or enhance the diversity of native plants at the project site. All construction will occur in existing maintained right -of -way, or on actively farmed land, or on an area with an existing Habitat Conservation Plan permitted for such activity. b. The Project will not have any adverse impact on riparian habitat or other sensitive natural communities. The Project may have a positive benefit on riparian habitat identified in the Kern River Parkway, since one of the goals of this Project is to maintain a wetted 12 -mile stretch of Kern River Channel through the center of Bakersfield. C. No federally protected wetlands pursuant Section 404 of the Clean Water Act will be impacted by the Project. d. Construction and operation on project sites will not impact migration of fish, movement of native residents orwildl ife species because construction and operation will occur on actively farmed areas or in existing maintained project right -of -ways areas. No. In fact, the Project as proposed will complement existing polices and ordinances pertaining to the City of Bakersfield Kern River Parkway Plan and Environmental Impact Report adopted in 1988. No large trees, such as the heritage oak, will be removed by the Project. It is the intent of the proposed project to the extent practical, to cooperate and complementthe existing Metropolitan Bakersfield Habitat Conservation Plan and the Kern Water Bank Habitat Conservation Plan. V. Cultural Resources. Preliminary field reconnaissance surveys indicate that historical and archeological sites are present in areas of higher elevation on portions of project lands. However, no construction will occur on or near any known sites. b. Based on the best information available to the Agency no impacted are expected.. C. No known paleoontological resource or unique geologic feature will be impacted. Based on the best information available to the Agency no impacted are expected. VI. Geology and Soils. The Project as proposed will not expose people or structures to potential substantial adverse effects resulting from earthquakes, seismic ground shaking, seismic- related ground failure or landslides. Page -4- b. No C. The project will not uncover or expose any unstable earth conditions and /or unstable geologic substructures or unit. d. No. C. No. VII. Hazards and Hazardous Materials. a. The project will not involve the use of any hazardous substances. b. No. C. No. d. No. e. No. f. No. g. No. h. No. VIII. Hydrology and Water Quality a. No. b. "This project is designed to enhance local groundwater supplies by maximizing recharge and use of Kern River flood flows that would other be loss to the Kern County groundwater basin. During recharge periods, the project will change the absorption rate and pattern at the project where the recharge /regulation ponds are to be built, because water will be impounded in recharge ponds. Surface runoff patterns at the site will be slightly altered due to construction of the shallow ponds. Recovery of previously recharged groundwater will lower groundwater levels but not less than pre- project conditions. Over the term of the project, recovery ofwater will not be more than has been recharged by the project, after accounting for recharge losses. Therefore, nearby wells will not be impacted by the project, or will be mitigated to less than significant pursuant to the Kern Fan Monitoring Committee. C. No. d. Because the a purpose of the proposed project is to maximize recharge of flood and other Kern River water, flooding of the recharge ponds and the multipurpose recreational facility may occur during flood flows on the Kern River. The flooding will have no impact because Page -5- facilities are designed forth is operation and this is expected to occur about 20% of the years. No. Im As has been previously described elsewhere in this section, the purpose of the project is to maximize opportunities for beneficial use of Kern River water that would otherwise be loss to the Kern County groundwater basin. As such, the project proposes to construct facilities that will divert, imped and redirect flood flows. However, any impacts to the environment will be less than significant. i. No. j. No. IX. Land Use and Planning. a. No The Kern River Parkway Plan and EIR were adopted in 1988 by the City of Bakersfield. The natural site presently includes 1,400 acres along the majestic Kern River corridor extending from Manor Street on the northeast side of the City of Bakersfield to a point one mile below the Stockdale Highway bridge on the city's western edge. A bike path meanders alongside the course of the Kern River, providing for 12 miles ofuninterrupted scenic activity. The primary benefits of the Parkway include flood control, water recharge and conservation, preservation and restoration of native riparian habitats and open space for greenbelt and recreational uses. The Kern River Parkway is a community project involving active, on -going public participation and has resulted in improved community image and attractiveness ofthe natural environment; a unique family oriented recreational area for all to enjoy. Major features of the Kern River Parkway include: 1) 320 acres of primary river channel; 2) 275 acres of natural and riparian land; 3) 460 acres of natural habitat for educational studies; 4) 25 acre Truxtun Lake Recharge Area; 5) 12 miles of uninterrupted bike path with 9 rest areas; 6) 8 miles of equestrian trails; 7) Multi - station exercise parcourse; 8) 3 professional quality sand volleyball courts; 9) 4 public parks with group picnic areas. No. See response number IX b, above. X. Mineral Resources a. No. b. No. XI. Noise Page -6- a. Construction of new facilities and operation of well drilling equipment will temporarily increase local noise levels. Operation of wells in dry years may cause noise. However, noise levels are expected to be no greater than existing urban and agricultural activities and there are no noise- sensitive land uses in proximity to the proposed facilities that could be affected. b. Persons living south of Stockdale Highway may be able to here elevated noise levels. See "a" above C. No. d. Yes. See answer XI a, above e. No. f. No. XII. Population and Mousing. a. No. b. No. C. No. XIII. Public Services. a. The project as proposed will have no effect on any public service, including fire protection, police protection, schools, and parks, and /or other public facilities. XIV. Recreation. a. The Kern River Parkway adjacent to and at the center of the project and would be completed by the project. See answer to IX b above. b. No. XV. Transportation and Traffic. a. There will be additional vehicular and truck traffic on local roads and highways, and on dirt roads within the project sites, during construction. However, the volume of this short -term traffic is expected to be very low and readily accommodated by available capacity on local public roads and highways. b. The project will not alter existing public road systems or circulation patterns because no public road will be closed or re- aligned as a result of the project. Construction of the project may increase the number and location of private access roads within the sites. Page -7- C. No. d. No. e. No. f. No. g. No. XVI. Utilities and Services Systems. a. No. b. No. C. No. d. Yes, the project proposes acquisition of the Lower Kern River right from the pre -1914 La Hacienda /Garces right. e. No. f. No. g. Yes. XVII. Mandatory Findings of Significance. a. The project will not have an adverse effect on environment, substantially reduce the habitat of fish or wildlife populations, threaten or eliminate a plant or animal community, or adversely impact sensitive plants and wildlife, reduce the number or restrict the range of rare or endangered plant or animal species. This is because the project as proposed will construct, operate and maintain facilities in existing maintained right -of -ways, farmland, areas having an existing Habitat Conservation Plan permitting the activities and /or areas not considered as habitat or occupied by threatened or endangered species or any sensitive species. b. The project is designated to achieve long -term enhancement of local water supplies by increasing reliability of local supplies in the future. As such, the long -term environmental benefits of the project are primary. Project is to be implemented concurrent with similar ongoing projects by City of Bakersfield, Berrenda Mesa WD, Rosedale Rio -Bravo WSD, Buena Vista WSD, West Kern WD and the Kern Water Bank Authority. The proposed project could have cumulative impacts on ground water due to concurrent and overlapping impacts of these similar projects. Participation in the Kern Fan Monitoring Committee under Page -8- the Memorandum of Understanding regarding operation and monitoring of the Kern Water Bank ground water banking programs will oversee these projects and recommend measures to mitigate these impacts to less than significant. The project does not have the environmental effects to potentially cause substantive adverse effects on human beings either directly or indirectly. Page -9- KERN COUNTY WATER AGENCY PROPOSED NEGATIVE DECLARATION This is prepared pursuant to the California Environmental Quality Act of 1 970 (CEQA), ' and the State CEQA Guidelines, '. NAME OF PROJECT: Kern River Restoration and Water Supply Program. PROPOSED PROJECT LOCATION_ The Project is primarily located along the Kern River corridor from the projected extension of Haley Street on the east side, to the California Aqueduct on the west end, and south and west of Bakersfield in the unincorporated portion of the county along the Cross Valley Canal and Arvin - Edison Canal and including other local water conveyance facilities. Also, see attached Project location maps. DESCRIPTION OF PROPOSED PROJECT: Summary. Project proposes to provide significant water quality, water supply, environmental and community benefits for the metropolitan Bakersfield area and a broad range of Kern County water users through the coordinated implementation of a number of program components including the: (1) acquisition of the Lower Kern River water right (Lower Right), i.e., Hacienda /Garces pre -1914 water right, including associated Lake Isabella Storage; (2) Purchase of land from Castle and Cooke California, Inc., for additional recharge and recovery facilities; (3) construction of 12 new water Ag recovery wells and enough Urban wells to achieve a maximum flow capacity of 60 cfs; and (4) Construction of water exchange facilities and modification of the Pool 1 portion of the Cross Valley Canal. Expanded Description. See Initial Study for Proposed Project, attached. FINDINGS WHICH SUPPORT NEGATIVE DECLARATION: After making an assessment of the possible impacts of the proposed Project and reviewing an Initial Study dated July 27, 2000, the Board of Directors of the Kern County Water Agency has determined that the proposed Project as presented will not have any significant effect on the environment, either directly or indirectly. INITIAL STUDY: A copy of the Initial Study and environmental checklist prepared by Agency staff, dated July 27, 2000, is attached. MITIGATION MEASURES: Mitigation measures which have been incorporated into the proposed Project to avoid potentially significant environmental effects are as follows: 1. Throughout the term of the proposed Project, Project water quality, groundwater monitoring, and groundwater recharge losses will be consistent with the Memorandum of Understanding Regarding Operation and Monitoring of the Kern Water Bank Groundwater Banking Program, dated October 26, 1995, and consistent with the Operation and Monitoring Procedure for the Pioneer Project, dated May 28, 1998. 2. Project recharge and recovery well areas will be designed and located to avoid areas suspected to have hydrocarbon contamination, and to the extent practical, not to interfere with oil (crude or refined) or natural gas pipelines or other sensitive oilfield areas. 3. Project recharge and recovery well areas will be designed and located to minimize potential impacts to the Agency's Cross Valley Canal. CONTACT PERSON, TELEPHONE NUMBER: Mr. Thomas N. Clark, General Manager, Kern County Water Agency, P.O. Box 58, Bakersfield, CA. 93302; (661)- 634 -1400. If you require additional information regarding this proposed Project, please contact Mr. Kane Totzke, Kern County Water Agency, (661) 634 -1468; e -mail: kane(7a kcwa.com Thomas N. Clark, General Manager 1. Public Resources Code, Section 2100, et seq. Date 2. Title 14, Division 6, California Administrative Code, as amended. KERN COUNTY WATER AGENCY NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION 'to confirm A Guidelines section 15072 determination] Pursuant to the California Environmental Quality Act and CEQA Guidelines, the Kern County Water Agency hereby provides notice of its intent to adopt a Negative Declaration pursuant to CEQA Guidelines section 15072 for the following: Name of Project: Kern River Restoration and Water Supply Program 2. Project Lead Agency and Sponsor: Kern County Water Agency, P.O. Box 58, 3200 Rio Mirada Drive, Bakersfield CA 93302 - 0058. Contact person: Thomas N. Clark, General Manager, 661 -634- 1400. 3. Project Description: Project proposes to provide significant water quality, water supply, environmental and community benefits for the metropolitan Bakersfield area and a broad range of Kern County water users through the coordinated implementation of a number of program components including: (1) acquisition of the Lower Kern River water right (Lower Right), i.e., Hacienda /Garces pre -1914 water right, including associated Lake Isabella Storage; (2) Purchase of land from Castle and Cooke California, Inc., for additional recharge and recovery facilities; (3) construction of 12 new water Ag recovery wells and construction of enough urban area wells to achieve a flow capacity of about 60 cfs; and (4) Construction of water exchange facilities and modification of the Pool 1 portion of the Cross Valley Canal. For more information concerning the project, see the Kern County WaterAgencyEnvironmental Initial Study Form [for CEQA Guidelines section 95072 Determination] dated July 27, 2000 (the "Initial Study "), which is available for review and copying during regular business hours at the Agency office at the above address. 4. Purpose and explanation of Initial Study: The Agency has prepared the Initial Study in order to determine whether the approval and implementation of the project as described in the Initial Study may have a significant effect on the environment under CEQA Guidelines section 15063. The Kern River Restoration and Water Supply Program is intended to provide significant water quality, water supply, environmental and community benefits for the metropolitan Bakersfield area and a broad range of Kern County water users. The Agency has determined, in light of the record as a whole, there in no substantial evidence that the Project may have a significant effect on the environment. 5. Project Location: The Project is located in the City of Bakersfield primarily located along the Kern River corridor from the projected extension of Haley Street on the east side, to the California Aqueduct on the west end, and south and west of Bakersfield in the unincorporated portion of the county along the Cross Valley Canal and Arvin- Edison Canal (see maps attached to Initial Study); 6. Proposed Finding: The Agency Board of Directors has reviewed the proposed project, Initial Study, comments received on the proposal to adopt this Negative Declaration, and other documents and information from Agency staff, and on the basis of this information and the whole record before Agency, hereby finds and determines as follows: (a) The Initial Study and Negative Declaration reflect Agency's independent judgment and analysis; and (b) mitigated measures have been included to reduce to less than significant any potential environmental effects of the project and nothing further is required. This Negative Declaration confirms this conclusion. 7. Initial Study: A copy of the Initial Study is either attached or available for public review at the Agency office at the above address. 8. Location of Background Documents: The Initial Study, notice of intent to adopt Negative Declaration, comments on the Initial Study, and other documents concerning this project are on file and available for public review at the Agency office at the above address. The Agency Board Secretary (same address) is the custodian of the documents that constitute the record of proceedings upon which the decision 1— in this matter is based. 9. Public Review: Pursuant to CEQA Guideline section 15105, public comments on this proposal to adopt a Negative Declaration will be received by the Agency at the above address beginning July 28, 2000 and ending September 1, 2000. The Agency Board of Directors is expected to consider the adoption of the Subsequent Negative Declaration at a public meeting scheduled for Thursday, September 7, 2000 at 4:00 p.m., at the Agency's office at the above address. JuIv 27 2000 - Thomas N. Clark Date General Manager Kern County Water Agency 2- G 2 :J <{ w JI � d C O � J �I C � � E U Z Z ✓) y Z m O 8 O V Z v C Z < Z 3 � � a U Z G ° c U Z D Z Z C C U U Office of Planning and Research 0 U0�' Tenth Street, Room 121 S ; r, n'.9 CA 5 County Clerk County of Kern 1 915 Truxtun Avenue Bakersfield, CA 933 09 �'I`nning Do 715 Ch t AvO nUc Bakersfield, CA 9330 1 M@ma ®g Pubfic Agency /PPrOving Pr ®�c�4e �u ®� �akers�ekd (dame of Verson or Agency Cmrrying Out Project' Flom Core, City of Bakersfield Water Resources reCreall➢Gf UR U; '�%e I -- - - - -- 2 : h and ae Area 'elephonel ension : - if filed by applicant: C1 document n exemption fi' I A a certified rl been by the public i agency the Project? 7 Has a noWS Of No— ssclate Planner w Tide: 7 -_ Ill Signed by knead Agency �w Signed by Applicant oy i 4SSl EXHIBIT "D" MANAGEMENT PLAN FOR KERN RIVER PROGRAM Overview As part of the Kern River Program Agreement ( "Agreement "), the Kern County Water Agency ( "Agency ") and the City of Bakersfield ( "City ") have developed a Management Plan for the "40 Acre Property" (Property). This Management Plan is described in Section 4 of Exhibit A pertains to the operations and obligations related to facilities described in the Agreement and located within the Property. Construction The Agency may locate up to three (3) groundwater recovery wells (ID4 Wells) within the Property. At the time of execution of the Agreement, one of the three ID4 Wells has been constructed. The remaining two ID4 wells shall be located and constructed in such a manner as to minimize impact on adjacent domestic drinking water wells owned and operated by the City. Water Quality and Water Level Monitoring At a minimum, water levels will be measured semiannually in the ID4 Wells. During periods of recovery using the ID4 Wells, water levels shall be measured monthly by the Agency. The Agency shall make available, upon written request by the City, all water level data from monitoring of the ID4 Wells. During construction of the next ID4 Well, the Agency will conduct water quality zone sampling and aquifer yield testing utilizing the step drawdown method and the 72 -hour constant rate method. The costs associated with this testing shall be split equally between City and Agency. The information from this data will be coordinated and shared between both parties. The Agency shall collect water quality samples from the ID4 Wells at least once every two years and shall have the samples analyzed in accordance with regulations of the California Department of Public Health (CDPH) and U.S. Environmental Protection Agency (EPA) for drinking water standards. Results shall be shared with the City. City wells located within 1 -mile of the Property shall be sampled, at the minimum, in accordance with regulations of the CDPH and EPA. The City shall provide the Agency, with any and all test results from City domestic drinking water wells within a 1 -mile radius of the Property. Well Operations The ID4 Wells shall be operated in a manner to prevent negative impacts to City Wells located within 1 -mile of the Property and used for domestic water service. The ID4 Wells shall be metered with properly installed and calibrated measuring devices. Each meter will be periodically rated and adjusted if necessary. Well data from the ID4 Wells shall be reported to the City on a monthly basis within 15 days following the month of operation. The Agency shall use the ID4 Wells for Flow Restoration Program as defined in the Fern River Channel Recharge and Recreation Agreement. Recharge Pond Operations Recharge ponds constructed within the Property, which are used for recharge of water, shall be constructed and operated in such a manner as to prevent impacts to the Agency's Cross Valley Canal and other Agency facilities located within the Property. 2 EXHIBIT "E" KERN RIVER PROGRAM AGREEMENT RECHARGE RATES Observed Spreading Rates during 2005 and 2006 Wetted Delivery Recharge Acres Rate (cfs) Rate (cfs /ac) Week 1 19.5 15 0.77 Week 2 19.5 8 0.41 Week 3 19.5 5 0.26 Week 4 & Thereafter 1 19.5 1 3 0.15