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Home My WebLink AboutRES NO 98-88RESOLUTION NO. 98-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND AUTHORIZING THE RATIFICATION OF AN INTERIM AGREEMENT BETWEEN 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 Interest (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 Interest and the County jointly formed a riparian committee for the purpose of negotiating a resolution to the dispute between the counties claimed water rights and the Kern River Interest 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 respective rights to Kern River Waters; WHEREAS, said agreement is attached hereto and incorpo- rated by reference as though fully set forth herein; WHEREAS, on March 25, 1988, the Kern River Water Master and Engineer-Manager for North Kern Water Storage District C. H. Williams executed the interim agreement on behalf of the Kern River Interest; WHEREAS, on March 29, Supervisors executed on behalf agreement; 1988, the Chairman of the Board of of the County of Kern the interim WHEREAS, the interim agreement provides that until such time as the interim agreement is approved by each entity comprising the Kern River Interest, 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 Water Master 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 agree- ment 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 June 8, 1988 , by the following vote:: AYES: COUNCILMEMBERS: CHILDS, OeMOND, SMITH. R~'I"I'Y~ PE~.qSON, McDERMOTT ~/,,LVAGGIO NOES'. COUNCILMEMBERS: ASSENT: COUNCiLMEMBERS: ABSTAINING: COUNCILMEMBERS: None DEPUTY CITY CLERK and Ex (~f~icio Clerk of the Council of the City of Bakersfield APPROVED June 8, 1988 MAYOR of the City of ~Bakersfield APPROVED as to fo~m: CITY ~.,TORN~f .~it~ of Bakersfield-- ADD/lg ~ 05/~7/88 7 R.INTERIM1-2 - 2 - Kern County Agl. # /,,z.~ INTERIM AGREEMENT (County - Kern River Interest~ THIS AGREEMENT, made and entered into this ~ day of ~L~ , 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 DISTRICT, CITY OF BAKERSFIELD and BUENA VISTA WATER STORAGE DISTRICT (hereinafter referred to as the "Kern River interests"), WI TNES S ETI-I: WHEREAS: (a) Beginning on September 16, 1987, the Kern Rlver interests and the County jointly formed a Riparian Committee for the purpose of negotiating a resolution to County's claimed water rights and the c/aimed water rights; and (b) The County contends that a dispute between the Kern River interest's the lands within the Kern rights, River County Park are entitled to certain water undiminished by any water rights claimed by the Kern River interests, and subject only to the reasonable and beneficial use requirement of the California Constitution; and (c) The Kern River interests contend that certain lands within the Kern River County Park are entitled to certain rights only in subordination to the prior established approprlatlve water rights of the Kern River interests; and 1 (d) Because it is anticipated that a long-term agreement will not be executed prior to April 1, 1988, when an additional diversion of Kern River water for the Kern R~ver County Park lands is expected, the Riparian Committee has submitted this interim Agreement so as to encourage continued negotiations and avoid injury and costly litigation; and (e) 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: 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 Gounty 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 Gounty 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 2 ¢ 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 to be nonriparian to the Kern River, as depicted in Exhibit "A," attached hereto and incorporated herein, without the prior written consent of the Kern River interests. 5. Prior to the use of any Kern River water on any 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, 141§ - 18th Street, Room 705, Bakersfield, California, 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 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 on or before June 15, 1988, and the agreement calls for any payments by the County to the Kern River interests for the Gounty's use of Kern River water in an amount greater than a specified quantity, any payments that would otherwise be required thereunder for water used by the County during the term of this Interim Agreement are hereby waived by the Kern River interests. If a long-term agreement is executed after June 15, 1988, 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 4 whatsoever for the use of Kern River water. 7. This Interim Agreement shall expire and shall have no force or effect thereafter. on July 31, 1988, The term of this Agreement may be extended only upon a written agreement signed by the authorized representative of County. 8. for the Kern River interests and the This Interim Agreement is entered into by the parties 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 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. Within 45 days after the execution of this Agreement by County, the Kern River interests shall provide to County a copy of each resolution approving the Agreement and authorizing the Kern River Watermaster to sign on their behalf. IN WITNESS WHEREOF, the parties hereto have hereunto their hands the day and year first above written. set COUNTY OF KERN Chairman, Board of Supervisors "County" Engineer-Manager Title North Kern Water Storage District "Kern River interests" APPROVED AS TO CONTENT: Parks ~creat~%~'-~el~,~ APPROVED AS TO FORM: Office of County ;Counsel KBP:sm interim.ag/M-$ MAP OF KERN RIVER COUNTY PARK EXHIBIT A ~ NoN-~IPA~IAN