HomeMy WebLinkAboutRES NO 27-89RESOLUTION NO. 27-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING AND AUTHORIZING THE
RATIFICATION OF AN INTERIM AGREEMENT BETWEEN
COUNTY OF KERN AND NORTH KERN WATER STORAGE
DISTRICT, KERN DELTA WATER DISTRICT, CITY OF
BAKERSFIELD, AND BUENA VISTA WATER STORAGE
DISTRICT.
WHEREAS, there currently is a legal dispute between
the County of Kern ("County") and the Kern River Interests
(North Kern Water Storage District, Kern Delta Water District,
City of Bakersfield, and Buena Vista Water Storage District,
herein "Kern River Interests") concerning their respective
water rights to the Kern River;
WHEREAS, beginning on September 16, 1987, the Kern
River Interests and the County jointly formed a riparian com-
mittee for the purpose of negotiating a resolution to the
dispute between the county's claimed water rights and the
Kern River Interests claimed water rights;
WHEREAS, the interim agreement is executed between the
parties pending the conclusion of negotiations for a long term
agreement, and is intended to maintain the status quo between
the parties regarding the Kern River and to preserve their re-
spective rights tc Kern River Waters;
WHEREAS, said agreement is attached hereto and incorpo-
rated by reference as though fully set forth herein;
WHEREAS, on November 21, 1988, the Kern River Water-
master and Engineer-Manager for North Kern Water Storage Dis-
trict, C. H. Williams, executed the interim agreement on be-
half of the Kern River Interests;
WHEREAS, on November 22, 1988, the Chairman of the
Board of Supervisors executed on behalf of the County of Kern
the interim agreement;
WHEREAS, the interim agreement provides that until such
time as the interim agreement is approved by each entity com-
prising the Kern River Interests, the interim agreement shall
have no legal effect.
NOW, THEREFORE, the City Council of the City of
Bakersfield does hereby resolve as follows:
1. That the City Council of the City of Bakersfield
approves and ratifies the signature of Kern River Watermaster
and Engineer-Manager of North Kern Water Storage District C. H.
Williams to the interim agreement between the County and the
Kern River Interests and further declares that said signature
shall relate back to and be effective from the date the interim
agreement was executed by C. H. Williams and the County of Kern.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield
at a regular meeting thereof held on February 1, 1989 ,
by the following vote:
AYEI~,: ~(1UN"~LMEMBERS' CHILDS. OeMllNO. SMI1H. ~. ~T¢~SON, McDERMO~ bAL~A~10
NOES; CO~, ~?~ug~aS. None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: None -~-
Assistant CITY CLERK and E~ Of~,~cio Clerk of the
Council of the City ~)~f Bakersfield
APPROVED February 1. 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
-~ 'U-'~ , "/B a k
~ITY ATTOR~NE~ ,~i~ City o ersfield
- 2 -
~'OTJNG, WOOLDRIDGE, P~ULDEN,
SELE FARR & GRIFFIN
December
2, 1988
?
GENE R. McMURTREY, LSQ.
2001 - 22nd Street, Suite 100
Bakersfield, California 93301
Gene Bogart
CITY OF BAKERSFIELD
4101 Truxtun Avenue
Bakersfield, Calif.
93309
RE:
RESOLUTION FOR RATIFICATIQN OF EXECUTICN OF
EXTENDED INTERIM AGREEMENT BY AND BETWEEN
COUNTY OF KERN AND KERN RIVER INTERESTS
Dear Gentlemen:
Enclosed please find a copy of the fully executed and
revised Interim Agreement entered into by the County of Kern and
the Kern River Interests. You will note that in Paragraph 9 of
the Agreement, the Kern River Interests agreed that the
respective board of directors of each public entity comprising
the Kern River Interests, would approve and authorize the
signature of C. H. Williams, Engineer-Manager, North Kern Water
Storage District, oll behalf of all Kern River Interests.
This revised Interim Agreement was executed in place of
the previous Interim Agreement which expired October 31, 1988,
and provides for the continuation of the Riparian Committee's
negotiations.
Please have your respective boards ratify the Interim
Agreement at the next regularly scheduled board meeting.
Please give me a call if you have any questions
regarding this matter.
Very truly yours,
Enclosure
cc: C. H. Williams
YOUNG, WOOLDR1DGE, PAULDEN,
SELF, FARR & GRIFFIN
,,¥, __
SCOTT K. KUNEY //
INTERIM AGREEMENT
(County - Kern Rlver Interest~
I,~;rn Cou (y -, ~
Agt. # ~/~',q,~ '
~ll f 6UN i HAC, I' NO.
89-14
THIS AGREEMENT, made and entered into this NOV 2 2 1988day of
1988, by and between the COUNTY OF KERN, a political
subdivision of the State of California (hereinafter referred to
as "County"), and NORTH KERN WATER STORAGE DISTRICT, KERN DELTA
WATER DISTRIGT, CITY OF BAKERSFIELD and BUENA VISTA WATER STORAGE
DISTRICT (hereinafter referred to as the "Kern River interests"),
WI TNESSETH:
WHEREAS:
(a) Beginning on September 16, 1987, the Kern River
interests and the County jointly formed a Riparian Committee for
the purpose of negotiating a resolution to a dispute between the
Oounty's claimed water rights and the Kern River interest's
claimed water rights; and
(b) The County contends that the lands within the Kern
River County Park are entitled to certain water rights,
undiminished by any water rights claimed by the Kern River
interests, and subject only to the reasonable and
requirement of the California Constitution; and
(c) The Kern River interests contend that
within the Kern River County Park are entitled to
only in subordination to the prior established
water rights of the Kern River interests; and
beneficial use
certain lands
certain rights
appropriative
(d) This Interim Agreement is executed between the parties
pending the conclusion of negotiations for a long-term agreement,
and is intended to maintain the status quo between the parties
regarding the Kern River and preserve their respective rights to
Kern River waters;
NOW, THEREFORE, IT IS AGREED between the parties hereto as
follows:
1. The parties shall continue to participate in good faith
negotiations directed at executing a long-term agreement which
shall resolve the dispute between the Kern River interests and
the County concerning Kern River water rights relating to lands
within the Kern River County Park. However, this Interim
Agreement in no way obligates either party to enter into a long-
term agreement.
2. The right to Kern River water for use on those lands
within the Kern River County Park located within the Hart
Memorial Park is not subject to this Interim Agreement but
instead is governed by the March 17, 1934 Hart Park Agreement.
3. The right to Kern River water for use in lake Ming is
not subject to this Interim Agreement but instead is governed by
the June 9, 1964 Ming Lake Temporary Service Agreement.
4. Except as otherwise provided herein, the County, its
agents or assigns, or any of its lessees shall not divert, pump
or extract, either directly or by any well, during the term of
this Agreement, any Kern River water for use on lands designated
2
to be nonriparian
attached hereto and incorporated herein, without the
written consent of the Kern River interests.
5. Prior 'to the use of any Kern River water on any
to the Kern River, as depicted in Exhibit "A,"
prior
lands
described within that certain lease entitled "Agreement for Lease
of a Portion of Kern River Park," dated October 28, 1985 ("Kern
Soccer Lease") as amended on March 11, 1986, County or its lessee
shall at their expense install within the leased premises a
properly maintained and operated meter or equally accurate and
reliable water measuring device. The County or its agent shall
read the Kern County Soccer Foundation meter on a weekly basis,
and shall record the meter readings in such a fashion that the
records accurately represent the measure of all Kern River water
diverted and applied to any acreage within the leased premises.
The County or its agent shall provide a copy of all meter records
to the Kern River Watermaster office, 1415 - 18th Street,
Room ?05, Bakersfield, Galifornia, at the conclusion of each
month this Interim Agreement is in effect. The Kern River
Watermaster upon reasonable notice to the County and when
accompanied by a mutually agreed upon County agent, shall be
entitled to inspect and test the Kern County Soccer Foundation
meter and to read all data generated and collected regarding
measurement of any Kern River water diverted on the Kern Soccer
Lease lands, during the term of this Interim AGreement.
6. During the term of this Interim Agreement, any
3
diversions or use of Kern River water on the lands described
within the Kern Soccer Lease or any other lands within the Kern
River County Park which are presently undeveloped, shall be
subject to and controlled by the terms and conditions of any
long-term agreement reached between the Kern River interests and
the County. If the Kern River interests and County execute a
long-term agreement as a final resolution of their water right
dispute and the agreement calls for any payments by the County to
the Kern River interests for the County's use of Kern River water
in an amount greater than a specified quantity, any such payments
shall be made to the Kern River interests under terms and
conditions mutually agreed upon at the time of the execution of
the long-term agreement. If a long-term agreement is not reached
between the parties, this Interim Agreement shall in no way
obligate the County or its lessee to make any payments whatsoever
for the use of Kern River water.
?. Either the Kern River
terminate this Interim Agreement
the other.
interests or the County may
upon 14 days written notice to
8. This Interim Agreement is entered into by the parties
for the purpose of facilitating further negotiations and is not
intended to prejudice or in any way affect the legal rights, both
present and future, of the parties, including, but not limited
to, any and all riparian, prescriptive and/or appropriative
rights to the use of Kern River water. In addition, this Interim
4
Agreement shall in no way restrict any future action either party
may wish to take in order to preserve and enforce their legal
rights.
9. This Interim Agreement is contingent upon its approval
by the respective boards of each of the entities listed above and
cumulatively referred to herein as the "Kern River interests",
and shall not be enforceable against any party hereto until such
time as it is approved by all of said boards. Upon such
approval, this Agreement shall relate back to and be effective as
of the date first set forth herein above.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands the day and year first above written.
APPROVED AS TO CONTENT:
Parks & Recreation Dept.
APPROVED AS TO FORM:
Office of County Counsel
Deputy
COUNTY OF KERN
BYG Board of Supervisors
"County"
By
Engineer-Manager
North Kern Water Storage Dist.
"Kern River interests"
KBP:drb
interim.ag/M-3
5
T2~$, R2~E
COUNTY . PARK
~ NoN-I~IPAF, IAN
KERN RIVER COUNTY PARK
EXHIBIT A