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HomeMy WebLinkAbout07/24/85 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JULY 24, 1985 12:00 P.M. - NOON (]all meeting to order Roll call - Board Members: Moore, Chairman; Barton, Ratty 1. Approve minutes of meeting held May .22, 1985. 2. Scheduled public statements. 3. Correspondence. 4. Service Agreement between Tenneco Oil Company, North Kern Water Storage District and City of Bakersfield establishing the terms and conditions for diverting Oilfield Discharge water into the Beardsley Canal. FOR BOARD ACTION AND RECOM- MENDATION TO CITY COUNCIL. 5. Proposed contract with Quad Consultants regarding preparation of E.I.R. for the "Kern River Channel Maintenance Program." FOR BOARD ACTION. 6. Letter from A1 Wheelan dated July 10, 1985 requesting California Water Company service for Tract 4738 and other property located north of Taft Highway and east of Stine Road. This property is not currently within an established water service district. The proposed development lies directly south of Ashe Water and California Water Company service boundaries. FOR BOARD DISCUSSION AND POSSIBLE ACTION. 7. Association of California Water Agencies (A.C.W.A.) membership. FOR BOARD INFORMATION AND DISCUSSION. 8.~ Reconnaissance report by Bookman-Edmonston Engineers on possible Metropolitan Water District program to import, bank and extract water in the James-Pioneer Improvement District. FOR BOARD INFORMATION. Closed Session - Water. matters regarding.potential litigation. 10. Staff comments. ll. Board comments. 12. Adjournment. WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY MAY 22, 1985 12:00 P.M. - NOON The meeting was called to order by Chairman Moore in the Community Services Department Conference Room. The secretary called the roll as follows: ]Present: Moore (Chairman), Barton Absent: RattY There was a correction, by Mr. Daniel of the City Attorney's Office, to the minutes of the meeting of April 17, 1985. The Closed Session paragraph was changed to read "per Government Code #54956.9.B(1) .." There were no public statements nor correspondence received. The Water Supply Agreement between Mr. Norris D. McCollum and the City of Bakersfield for water purchased from Kern River near Lake Ming was presented before the Board by Mr. Bogart. Mr. ]Daniel also reviewed the contract with the Board to enlighten 'them as to the City's rights and obligations. After discussion, ~a motion was made by Mr. Barton to approve the contract as written, and to. have subsequent agreements also brought before 'the Board for approval. The motion passed. Mr. Bogart brought before the Board the. 1985-86 "Water Price and Sand Sale Schedule," and also explained the reasons for the ·prices in each of the different categories. Mr. Barton made a motion for approval of the 1985-86 "Water Price and Sand Sale iSchedule," and recommended approval by the City Council. The motion passed. ]Mr. Core presented before the Board the Special Facilities ~Agreement for water mainline extension to serve California State College, Bakersfield. After a brief discussion, a mOtion was made by Mr. Barton to approve the agreement as presented. The 'motion passed. The billboard lease agreements with Kunz and. Company and National 3M for four billboards located near Kern River and Carrier Canal rights-of-way was presented before the Board by Mr. Daniel, who recommended that no Board action be taken at this time. He wanted the Board to be aware of the negotiations taking place regarding these agreements. iMr. Daniel had some comments regarding the confidential memo he distributes to the Board and staff members on Closed Session discussions. Mr. Daniel suggested that the Board memebers initial the confidential memo and return it to the Water Board Secretary to file along with minutes taken of the Closed Session. 'Mr. Moore requested that the following items be included on the next Water Board Meeting: 1. Discuss the change of time for Water Board meetings. 2. Discuss. the pros and cons of A.C.W.A. (Association of California Water Agencies). Mr. Barton made a motion to adjourn. Motion passed. The meeting adjourned at 12:55p.m. ,~arol P Pagan, Secretary City of Bakersfield Water Board LAW OFRICE$ ASSOCIAi ES: JOSEPH WOOLDRIDGE" YOUNG, WOOLDRIDGE, PAULDEN, SELF, FARR ~c GRIFFIN MARFIN R, LEE A. CAMERON PAULDEN" ~1~-1~4) A PARTNERSHIP INCLUDING p~0FES~IONAL ~OR~ORATION~ PtlIL IP N. OFFICER DAVID GRIFFIN' BAKERSFIELD, CALIFORNIA 933OI-5298 SCOTT K, July 2, 1985 oo .... Alan Daniel, Deputy City Attorney City of Bakersfield 15,01 Truxtun Avenue ~,~ .,,. ~,,L . ~ i/ ):/)., Bakersfield, CA 93301 Dear Alan: Enclosed please find three original service agreements which have been executed by both Tenneco Oil Company and North Kern Water Storage District and now await signature from the City of Bakersfield. Also enclosed is a letter prepared by North Kern Water Storage District confirming its understanding with the City of Bakersfield in regards to the execution of the Tenneco Oil Company contract. Please contact me if there is any further information that needs to be provided to the Water Board prior to its next me.eting. Very truly yours, YOUNG, WOOLDRIDGE, PAULDEN SELF, FARR & GRIFFIN "Scott K. ~une/y~ SK]i:bem cc: C. H. Williams enc. NORTH KERN WATER STORAGE DISTRICT 1415 - 18th STREET, ROOM 705 BOX 1195 BAKERSFIELD, CALIFORNIA 93302 (805) 325-3116 July 1, 1985 Gene Bogart, Director of Water Resources Department City of Bakersfield 4101 Truxtun Avenue Bakersfield, CA 93001 Dear Gene: This letter is written to confirm the understanding reached between North Kern Water Storage District (hereinafter "North Kern") and the City of Bakersfield, (hereinafter "City") on June 7, 1985. It is agreed that the Service Agreement negotiated and ex- ecuted between Tenneco Oil Company (hereinafter "Tenneco"), North Kern and the City is considered an independent contract and shall not be construed to be a model or precedent for any future agree- ments executed with other oil field wastewater discharges, par- ticularly in regards to the financial provisions stated in the agreement. North Kern agrees that it has the obligation to reimburse the City and other diverters from the Beardsley-Lerdo Canal System, a portion of the salt correction charge, as provided in Article II, Paragraph 9 of the Service Agreement. Very truly yours, NORTH KERN WATER STORAGE DISTRICT C. H. Williams Engineer-Manager 'SERVICE AGREEMENT This Agreement is made, entered into and executed in triplicate, any copy of which may be considered and used as the original hereof for all purposes, as of the _~_~day of March, 1985 in the State of California, County of Kern, City of Bakersfield. BY AND BETWEEN NORTH KERN WATER STORAGE DISTRICT, a district organized under water storage district law, AND TENNECO OIL COMPANY, a Delaware corporation, AND CITY OF BAKERSFIELD, a California municipal corporation, W I TN E S S E T H: WHEREAS, North Kern Water Storage District (hereinafter "North Kern") is a water storage district organized under Water Code section 39000 et seq., and is in existence for the purpose of delivering water fit for irrigation use which North Kern's landowners and other water users of the Beardsley-Lerdo Canal System are dependent upon for their livelihood. -1- WHEREAS, North Kern is the present owner of the Beardsley-Lerdo Canal System and certain laterals and appurtenances thereto located in the County of Kern, California; and WHEREAS, Tenneco Producing, Inc. (hereinafter "Tenneco") is a public corporation incorporated under the laws of the State of Delaware and is in existence for the purpose of developing, producing and marketing hydrocarbons, such as oil and natural gas; and WHEREAS, Tenneco generates in connection with its °il operations in the Kern River oil field a quantity of water known as discharge water; and WHEREAS, the City of Bakersfield (hereinafter "City") is a chartered city organized and existing under and by virtue of the constitution and laws of the State of California and is situated in Kern County; and WHEREAS, the City has a right to use one hundred (100) cubic feet per second of capacity in that portion of the Beardsley-Lerdo Canal System south of Seventh Standard Road and is the owner of certain laterals and appurtenances and does make deliveries of water through such capacity; and WHEREAS, Tenneco has requested the services of North Kern to monitor, test, treat and dilute Tenneco's discharge water and -2- North Kern is agreeable to providin9 the aforementioned services for Tenneco, subject to the terms and conditions of this Agreement and with the understanding that this Agreement is entered into by North Kern and the City to assure North Kern and the City that Tenneco's discharge water delivered to the water users of the Beardsley-Lerdo Canal System, their successors and assigns shall at all times be fit for use as irrigation water and to assure North Kern and the City that all costs and expenses incurred by North Kern and the City as a consequence of the Tenneco discharge water shall be paid for in their entirety by Tenneco. NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND CONVENANTS HEREIN CONTAINED, NORTH KERN, TENNECO AND THE CITY HEREBY AGREE as follows: ARTICLE I DEFINITIONS Unless the provisions specify otherwise, the terms defined in this Article I shall for all purposes o~ this Agreement have the meanings herein specified. 1. "Beardsley-Lerdo Canal System" means that canal system commencing at the Beardsley River Weir and including the Beardsley Canal and the Lerdo Canal and all laterals and appurtenances thereto. -3- 2. "Delivered wa~er or water delivered" means that water which is diverted from the Beardsley-Lerdo Canal System and transported to water users of the Beardsley-Lerdo Canal System. 3. "Dilution water" means that water which is in excess of the quantity of water North Kern would have flowing in the Beardsley-Lerdo Canal System to satisfy its .irrigation and project demands for North Kern and the water users of the Beardsley-Lerdo Canal System and which North Kern shall provide, under the terms and conditions of this Agreement, for the purpose of blending with Tenneco's discharge water to dilute Tenneco's discharge water to 0.5 MG/1 of boron. 4. "Discharge water" means oil field wastewater produced by Tenneco in its Kern River oil field operations prior to being emptied into the Beardsley-Lerdo Canal System at the discharge point located adjacent to the Kern River in the NE 1/4 of the SW 1/4 of Section 8, R 28 E., T. 29 S., MDB&M. 5. "Dry or drought year" means a year in which the April through July forecasted inflow to Isabella Reservoir is less than fifty (50) percent of the long-term average inflow, as determined by the California Cooperative Snow Surveys in the Department of Water Resources Bulletin Number 120, Department of Water Resources, State of California. Provided, however, in a year following a dry or drought year, as defined above, dry or drought -4- year shall mean less th~n seventy (70) per cent of the long-term average inflow to Isabella Reservoir. 6. "Emergency" means any earthquake, flood, fire, or other natural disaster or Act of God, affecting the operation and maintenance of North Kern's facilities. 7. "Fit for use as irrigation~water" means that quality of water which assures the water users of the Beardsley-Lerdo Canal System, their successors and assigns the standard of agricultural production that they would experience if no Tenneco oil field wastewater were discharged into the Beardsley-Lerdo Canal System. 8. "Irrigation demand water" means that water which is flowing in the Beardsley-Lerdo Canal System to satisfy the irrigation and project demands of North Kern and the water users of the Beardsley-Lerdo Canal System. 9. "Mix water" means that water which is a blend of all oil field wastewater discharge and irrigation demand water flowing in the Beardsley-Lerdo Canal System. 10. "Monitor or monitoring" means the recording, sampling, testing and reporting of the various constituents within Tenneco's discharge water and the mix water as performed by North Kern and the City. -5- 11. "NPDES Permit" means the National Pollutant Discharge Elimination System Permit issued by the State of California, Regional Water Quality Control Board, Central Valley Region, or by any other agency assuming jurisdiction over such discharges into the Beardsley-Lerdo Canal System. 12. "Regional Board" means the Regional Water Quality Control Board, Central Valley Region, State of California, or any other agency assuming jurisdiction over wastewater discharges into the Seardsley-Lerdo Canal System. 13. "Water Users of the Beardsley-Lerdo Canal System" means those persons, partnerships, corporations or other legal entities which are delivered water transported through the Beardsley-Lerdo Canal System by either North Kern or the City. ARTICLE II PROVISIONS 1. Tenneco shall construct and maintain, at its sole expense, all facilities necessary to transport and discharge its Kern River oil field wastewater into the Beardsley-Lerdo Canal System. 2. Tenneco may, but is not obligated to, empty its discharge water into the Beardsley-Lerdo Canal System which is excess of its needs in conducting its oil field operations, -6- except any increase in ~the quantity of discharge above a 2.3 cfs 30-day mean flow shall be discharged only after prior written consent by North Kern. Tenneco shall give six (6) months written notice to North Kern and the City prior to disposing of its discharge water by a means other than the BeardsleyLLerdo Canal System. 3. Tenneco agrees to cease all discharges into the Beardsley-Lerdo Canal System during that period when the Beardsley-Lerdo Canal System is closed for maintenance, emergency or when there is insufficient Kern River water in the Beardsley-Lerdo Canal System to dilute Tenneco's discharge water to 0.5 MG/1 of boron. North Kern agrees that by October 1 of each year that this Agreement remains in effect, that it shall use its best efforts to notify Tenneco of the dates during the succeeding year that the Beardsley-Lerdo Canal System will be closed for scheduled maintenance. North Kern further agrees not to close the Beardsley-Lerdo Canal System for more than ten (10) consecutive days for scheduled maintenance, unless mutually agreed upon by Tenneco and North Kern. North Kern also agrees to give Tenneco notice as soon as reasonably feasible before closing the Beardsley-Lerdo Canal System for emergency or when there is insufficient dilution water available as set forth in Article II, Paragraph 11. In the event of an emergency, North Kern will use its best efforts to minimize the length of time the Beardsley-Lerdo Canal System is out of operation. -7- 4. Subject to ewclusions set forth in its NPDES permit, Tenneco agrees that it will immediately cease its discharge into the Beardsley-Lerdo Canal System upon being presented evidence by North Kern that Tenneco's discharge contains any substance which is contained within any of the following definitions or lists, whether as currently drafted or as amended in the future: a. the definition of "extremely hazardous waste," as defined in section 25115 of the California Health and Safety Code; or b. the definition of "hazardous waste," as defined in section 25117 of the California Health and Safety Code; or c. the definition of "hazardous substance," as defined in section 25316 of the California Health and Safety Code; or d. any substance listed in the California Department of Health list of hazardous materials under Title 22, Division 4, Chapter 2, Article 7; and, which substances or wastes are in concentrations that are deleterious to either plant, animal or human health. 5. Tenneco shall maintain a current NPDES Permit and comply with all the terms of such a permit. 6. Tenneco shall comply with each and every other federal, state or local water quality standard or provision pertaining to -8- discharging oil field wastewater into the Beardsley-Lerdo Canal System, whether in existence on the date this Agreement is executed or promulgated at any subsequent time. 7. Tenneco shall use its best efforts to maintain a reasonably constant flow rate and discharge water quality for its discharge water. .~. 8. Tenneco shall North Kern the full cost incurred by~ pay /either North Kern and/or the City necessary to monitor the ~ / - / constituent levels of the Tenneco discharge water and mix water flowing in the Seardsley-Lerdo Canal System. Subject to cost adjustments 'as specified in Article II, Paragraph 13, the _ monitoring cost to be paid by Tenneco shall be $8.00 per acre-foot of Tenneco discharge water emptied into the Beardsley-Lerdo Canal System. North Kern agrees to quarterly ! reimburse the City a portion of the monitoring charge if the City / / incurs costs while recording and reporting the Tenneco discharge./ North Kern shall supply the City on a monthly basis copies ofal,~¢ monitoring data collected. 9. Tenneco shall pay North Kern the full cost incurred by ~?~th Kern and/or the City for compensating the water users of the Beardsley-Lerdo Canal System, their successors and assigns for having to add a salt correction material to their soil and/or water to counterbalance the higher salt load contained in Tenneco's discharge water. Subject to cost -9- ~a'djustments as specified in Article II, Paragraph 13, the sal> correction cost to be paid by Tenneco shall be $12.64 per acre-foot of Tenneco discharge water emptied into the Beardsley-Lerdo Canal System. North Kern agrees to quarterly reimburse the City and other diverters from the Beardsley-Lerdo Canal System, a portion of the salt correction charge. Any reimbursements paid to the City or other diverters, shall be based upon the actual water diverted and used from the Beardsley-Lerdo Canal System. These reimbursements shall be in proportion to the total Beardsley Canal flow and based upon the quarterly hydrographic records of the flow of the Beardsley-Lerdo ~anal syStem. 10. At such time, and only at such time, as the City and/or North Kern does not have a quantity of water flowing in the Beardsley-Lerdo Canal System which is sufficient to dilute the Tenneco discharge water to a level not to exceed 0.5 MG/1 of boron, North Kern shall provide under the terms and conditions of this Agreement dilution water for such a Purpose. Tenneco shall pay North Kern for all dilution water furnished by North Kern which is in excess of the quantity of water North Kern would have flowing in the Beardsley-Lerdo Canal System to satisfy its irrigation and project demands for North Kern and the water users of the Beardsley-Lerdo Canal System, and which is necessary to dilute Tenneco's discharge water to a level not to exceed 0.5 MG/1 of boron. Tenneco shall pay North Kern a fair market price for each acre-foot of dilution water provided. 11. Tenneco hereby acknowledges that North Kern does not have, given its existing facilities, the capability during dry or drought years to provide Tenneco with dilution water in sufficient quantities while also satisfying the irrigation and project demands of North Kern, and therefore, in such dry or drought years, Tenneco agrees that it shall be obligated to either curtail or cease emptying its discharge water into the Beardsley-Lerdo Canal System during those times when North Kern, in its sole discretion, determines that it has insufficient quantities of dilution water available. North Kern shall notify Tenneco in February of each year this Agreement is in effect, of its best estimates of when dilution water will be available, and shall continue to update its projections as new information is obtained by North Kern. 12. Tenneco and North Kern hereby acknowledge that North Kern may enter into subsequent agreements with third party dischargers of oil field wastewater other than Tenneco which may make provision for North Kern to supply water for blending with oil field wastewater. Tenneco hereby acknowledges that it shall have no claim to priority nor any entitlement whatsoever to water for blending with oil field wastewater made available to North Kern as a consequence of North Kern and any third party -11- dischargers jointly ,constructing and expanding existing facilities to provide an additional supply of water for blending with oil field wastewater during dry or drought years, unless expressly provided for by subsequent agreement executed between North Kern and Tenneco. North Kern agrees that ~ as to that quantity of water for blending with oil field wastewater, which North Kern determines is available for dilution purposes, through the operation of its existing facilities, such water shall first be utilized to dilute Tenneco's discharge water, so long as consistent with contract obligations existing on the date this Agreement is executed. 13. It is a§reed by and between North Kern, Tenneco, and the City that the costs stated in Article II, Paragraphs 8 and 9 are best estimates of the costs associated with the treating of Tenneco's oil field wastewater and are therefore subject to change. Therefore, the aforementioned costs shall be adjusted annually from the date this Agreement is executed, either upward or downward according to the "Implicit Price Deflator for Gross National Product" using the third quarter of the preceeding year in relation to the third quarter of 1983, which stood at 215.89 as a base. 14. North Kern shall invoice Tenneco on a regular basis for the costs charged in Article II, Paragraphs 8, 9 and 10. Payments not received within 45 days of the date stated on the billing -12- invoice will incur a late charge of 10 percent plus 1 percent per month interest on the outstanding balance. Upon termination of this Agreement under Article II, Paragraph 20, all sums currently owing to North Kern shall be paid within 45 days of the date this Agreement is terminated. 15. Tenneco shall pay North Kern a one-time charge, including a monitoring charge, salt correction charge, and dilution charge, covering the period of January 1, 1984 up to the date this Agreement is executed. Charges shall be calculated as stated in this Agreement. North Kern agrees to reimburse the City and other diverters from the Beardsley-Lerdo Canal System, a portion of the salt correction charge collected under this one-time charge, as calculated in Paragraph 9 of this Agreement. If this one-time charge is not paid within 45 days after the Agreement is executed, said charges shall be deemed delinquent and bear late charges and interest according to Article II, Paragraph 14. 16. Tenneco agrees to assume all duties and obligations including, but not limited to, the payment of any tax, assessment, or penalty, or any levy whatsoever, which may be imposed by any federal, state or local governmental agency, upon North Kern, the City, or the water users of the Beardsley-Lerdo Canal System, pertaining to actual or claimed degradation of -13- groundwater quality d~e to Tenneco's oil field wastewater discharge. 17. North Kern, Tenneco and the City agree that no charge or fee whatsoever, other than those charges detailed in this Article II, Paragraphs 8, 9, 10, 15 and if applicable 16, shall be levied by North Kern and/or the City against Tenneco in connection with the discharge of Tenneco's discharge water in the Beardsley-Lerdo Canal System. 18. The failure of any party to enforce against the other a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time. 19. Tenneco agrees to indemnify and hold harmless North Kern and the City and their respective officers, agents and employees, and each of them, for any injury, damage, loss, liability, claim or causes of action, including, but not limited to, inverse condemnation, property damage, personal injury, death, and consequential damage, caused by, arising out of or in connection with the Tenneco oil field wastewater discharge in the Beardsley-Lerdo Canal System, including, but not limited to, attorneys' fees, costs of experts, time and expense of personnel, and other costs of litigation. Provided, however, Tenneco shall not be responsible for any loss or injury caused by the negligent or wilful misconduct of either North Kern, the City, or the water users of the Beardsley-Lerdo Canal System.. The attorneys' and -14- experts' fees to be paid shall not exceed such amount as the court in which the litigation occurs shall determine to be reasonable. 20. This Agreement shall be effective for one (1) year from the date stated hereinabove and from year to year thereafter; provided, however, that either North Kern, Tenneco or the City may terminate this Agreement, with reasonable cause, upon one (1) year's written notice to the other two parties as provided in Article II, Paragraph 26. 21. If upon termination of this Agreement under Article II, Paragraph 20, .Tenneco continues to desire to discharge its discharge water into the Beardsley-Lerdo Canal System, and North Kern and Tenneco are unable to agree upon the terms and conditions of such continued discharging, then within thirty (30) days of the Notice of Termination of this Agreement, either North Kern, Tenneco or the City shall notify the others by a Notice of Arbitration that this dispute shall be submitted for arbitration to determine and declare the respective rights and obligations of North Kern, Tenneco and the City, their successors and assigns, concerning the discharge of Tenneco dischar§e water into the Beardsley-Lerdo Canal System. North Kern, Tenneco and the City hereby agree to comply with the ruling of the arbitrator, as an interim order, until such time as any party presents the dispute to a court of competent jurisdiction and a final judgment has -15- been rendered. If ne~ither North Kern, Tenneco nor the City petitions to have the ruling corrected or vacated as provided by sections 1285-1288.8 of the California Code of Civil Procedure nor commences an action in a court of competent jurisdiction within two (2) years of the date of the arbitrator's~ ruling, all parties shall be bound by the ruling of the arbitrator. North Kern, Tenneco and the City agree the arbitration shall be conducted as follows: 1) within ten (10) days of the Notice of Arbitration all parties shall provide written notice to the other two parties of their selection of a single nominating arbitrator; 2) the three nominating arbitrators shall meet and confer and within ten (10) days of their respective nominations they shall appoint a single neutral arbitrator; 3) upon appointment of a single neutral arbitrator, such an arbitrator shall conduct the arbitration of the dispute according to California Code of Civil Procedure sections 1282-1288.8, except to the extent such statutory provisions conflict with the terms of this Agreement, and to that extent, this Agreement shall control. All parties agree that section 1283.05 will apply to any arbitration proceeding. Any appeal from the ruling of the appointed arbitrator to a Superior Court of the State of California shall be conducted as a trial de novo. It is the intent of North Kern, Tenneco and the City that the arbitrator shall conclude the arbitration procedures, including a final "ruling prior to the expiration of the one (1) year term following -16- the Notice of Termination. If due to circumstances beyond Tenneco's control the arbitration proceeding is not concluded at the expiration of the one (1) year term following the Notice of Termination, then North Kern, Tenneco and the City agree that Tenneco may continue discharging into the Beardsley-Lerdo Canal System until such time as the arbitrator renders his ruling. Upon termination of the balance of this Agreement, this provision along with Article II, Paragraph 23, shall continue in full force and effect until a final judgment is rendered in a court of competent jurisdiction and all appeals have been exhausted. 22. It is understoOd and agreed by and between North Kern, Tenneco and the City that nothing contained in this Agreement, nor any performance under this Agreement, shall affect or change the existing Kern River water rights or Lake Isabella storage rights or any other prior contract rights held by North Kern, Tenneco or the City. 23. In the event of any litigation between North Kern, Tenneco or the City in connection with the interpretation, performance, or enforcement of this Agreement, or a declaration of the respective rights and obligations of North Kern, Tenneco and the City concerning the discharge of Tenneco oil ~ield wastewater into the Beardsley-Lerdo Canal System, either by arbitration or litigation, the prevailing party or parties in such proceedings shall be entitled to be reimbursed by the other party or parties thereto for all costs of proceedings, includin9, but not limited to, court costs, time and expense of personnel, attorneys' fees, costs of experts, and other costs of proceedings. Provided, however, that the attorneys' and experts' fees to be reimbursed shall not exceed such amount as the arbitrator or the court, as the case may be, shall determine to be reasonable. 24. It is agreed by and between North Kern, Tenneco and the City that all parties are equally responsible for authorship of this Agreement and section 1654 of the Civil Code has no application to the interpretation of this Agreement. 25. Neither this Agreement nor any part thereof shall be assigned by any party without the prior written consent of the other two parties. 26. All notices hereunder shall be given in writing and shall be sent by certified or registered mail and be effective upon posting in the United States Mail. The parties should be addressed as follows: North Kern Water Storage District P. O. Box 1195 Bakersfield, CA 93302 -18- Tenneco Produc~ing, Inc. P. O. Box 9909 Bakersfield, CA 93389 City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 27. It is understood and agreed by and between North Kern, Tenneco and the City that this Agreement shall be binding on the three named parties and their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that its effective date shall be March 18, 1985. NORTH KERN WATER STORAGE DISTRICT ~ NNE~EC~ OIL COMPANY Attorney-in-fact ~!~... -19- CITY OF BAKERSFIELD BY MAYOR, CITY OF BAKERSFIELD BY CHIEF FINANCIAL ADVISOR APPROVED AS TO FORM BY CITY ATTORNEY WD #42 -20- CALIFORNIA' COMMUNITY SERVICES DEPARTMENT PAUL DOW, Manager GENE BOGART, Agricultural & Domestic Water FLORN CORE, Agricultural & Don~estic Water FRANK FABBRI, Parks Superintendent, 326-3781 JIM LEDOUX, Recreation Superintendent, 326-3701 ROBERT HART, Sanitation Superintendent, 326-3781 June 19, 1985 Mr, A1 Wheelan Karpe Realty P. O. Box 1968 Bakersfield, CA 93303 RE: City of Bakersfield Water Service to Proposed Real Estate Development - Tract 4.738 and Others Dear Mr. Wheelan: The City of Bakersfield Domestic Water System is desirous to provide water service to your proposed residential real estate development, Tract 4738, and subsequent developments between Stine Road, Freeway 99, Panama Lane and Taft Highway. The City water service can be harmonious with your expected annexation o.f the proposed developments to the City of Bakersfield, thuS your development would have all City provided services. At our meeting of April 18, 1985, we presented our preliminary plan and estimates of the gross costs to provide City water service to the first phase of your development. The plans will still be as presented, but there will be modifications to the net cost estimates. The actual pipeline distance will ,be shortened by approximately 1300' due to another development on Panama Lane requiring extension of the water main from Stine Road. In addition, the City will be in a position to offer the City's standard Mainline Extension Refund Contract on the installation of mainlines up to 8" in diameter to serve residential subdivisions. The City's Mainline Extension Rule is similar to the Standard P.U.C. Rule 15-C Agreement Offered by regulated water utilities. As previously mentioned, others con- necting to this particular mainline would pay for a proportionate share of 4101 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93309 · (SOS) 326-3715 June 19, 1985 Mr. A1 Wheel an Page 2 the mainline costs, which in turn would be refunded directly to you. The design of the water system would accommodate City Fire Department standards, requiring a few more'hydrants and higher flow rates than County Fire specifications. The hydrants can be included in the mainline refund contract and the flow requirements for residential subdivisions will be. adequate from the City's system. The City will provide initial supply from the~proposed water well, spelled out in the City proposal, and with the mainline connection to Panama Lane. The City will also develop any future water supplies needed for residential development and fire flows up to 2500 gallons per m~nute for commercial developments in the area. Annexation of your development to the City water service area can be accomplished through action of the City Water Board prior to full annexation to the City of Bakersfield. The procedure would require written request of a majority of landowners involved in the proposed development. Please contact the City Water Resources if you have further questions or comments. Very truly yours, PAUL DOW Community Services Manager FC:sr cc: ~George Caravalho, City Manager v/Water Board, City of Bakersfield B. D. Lewis, California Water Service Co. July 2, 1985 City Water-Board City of Bakersfield 1501Truxtun Avenue Bakersfield, California 93301 Attn: Gene Bogart Dear Sirs: In response to a request for a proposal to prepare an Environmental Impact Report (EIR) for the Kern River Channel Maintenance Program, the following briefly outlines the services, timeframe and costs estimated. I. SCOPE OF WORK Task Task Description 1 Scoping: preparation for meeting, meeting, and follow-up (Review all existing material and plans; field review of channel -area; preparation of ~display level graphics illustration(s) of project description.· Meeting attendance. Meeting report and letter of transmittal to attendees). 2 Initial public education: preParation for public' meeting, and follow-up (assist in~ preparation of list of organizational invitees and of public notices; prepare additional meeting display/presentation material; meet with City staff regarding meeting objectives and organization; conduct meeting; prepare followup material and letters). 3 ~Prepare administrative 'draft EIR: (Additional field observations, by engineering,, planning, biology staff, as followup on scoping/public meetings; data research and collation; field photography; preparation of draft text and graphics; continuing coordination with City staff). 4 Prepar·e Draft EIR (Review all administrative draft comments; undertake any field or data review required; correct administrative draft, after review with City staff, 'prepare Draft EIR for distribution and review, 45 day review period). CIVIL ENGINEERING · MANAGEMENT · ENVIRONMENTAL PLANNING ,. COMMUNITY DEVELOPMENT AND RENEVVAL Public Hearings and presentations: (Prepare additional material for public presen:ation; review presentation format arid material with City stall; atend hearings and make presentations. Estimate assumes early-project presentation to Kern County Water Agency, brief presentation at Planning Commission study session, presentation at Planning Commission meeting during draft EIR review period, attendance at Planning Commission meeting consideration of final EIR, and at Council meeting consideration of final EIR). Prepare final EIR: (Review and anlyze all submitted written and verbal comments on draft EIR; discuss comments and potential responses with City staff; prepare responses to comments and corrections to draft EIR, together with other components of final EIR). Project administration: (Scheduling and timing discussions with City staff; continuing informal contact, by phone and in person, with parties with interest in project; discussion with Water Board members as required; informal Planning Commission or Council contacts; press contacts; progress reports, ~'~ billings and reproduction costs). II. WORK SCHEDULE AND COST ESTIMATE TASK~ ~my ~ug. ~pt. O~t. j Nov. IJE~t~m~ 5 [x ~ i I i z ~ ~'2ooo 'foJml r~t ~: { ~30,000 CTTY ADI~NISTRATTVE T:I~E SCHEDUI~ (Proposed) June' 26 :ity submitted Notice of Preparation (30 day review period) July ~7 Contrast approval July 30 $coping meeting Aug. 2 End NOP review period Aug. 30 QUAD submit Administrative Draft· Sept. 6 Staff return Administrative Draft with .any corrections Sept. 13 QUAD submit Draft EIR (45 day review period) Oct. 30 Public hearing (to receive comments: Planning Commission) Oct. '31 End. of Public review period QUAD CONSULTANTs QUAD CONSULTANTS QUAD CONSULTANTS QUAD CONSULTANTS Nov. 12 QUAD reviews Graft responses to comment with staff No¥. 15 QUAD submit Final EIR Nov. Planning Commission: Recommend Certification of EIR City Council: Certify EIR City: file notice of Determination Due to the controversial nature of any project related to the Kern River, a full discussion of the issues will tend to provide you with a defensible position from which to proceed with project implementation. We perceive the primary issues to He: Protection of flora and fauna habitat Scenic resources Priorities for water management and channel maintenance The early-on educational program as proposed will, hopefully, provide a public understanding of~the regional role of the River and the complex management program required to address the diverse demands and expectations of the Bakersfield metropolitan area. QUAD Consultants has prepared numerous Environmental Impact Reports -~ similar 'to that required for the Kern River Channel Management Program (See typical Table .of Contents, Exhibit A). I will be responsible for project management, Harry Tow will be the principal-in-charge, and Wilbur Ricketts will provide technical advice as the consulting engineer. 'Please feel free to contact Mr. Tow or me personally if there are any questions related to this proposal. The cost estimates are based upon our experience and upon costs of recent documents (A fee schedule, Exhibit B is provided; this schedule will be the basis for time and material charges). We can, with the cooperation of City staff, meet your requested time 'schedule. Thank you for considering QUAD Consultants to provide you the services which you require for this project. Sincerely, Margaret R. Munsey, AICP Vice President MRM:sd enclosure- ~.. , QUAD CONSuLTANTs QUAD CONSULTANTS QUAD CONSULTANTS QUAD CONSU['I'ANTS AGREEMENT NO. THIS AGREEMENT, made this day of , ~985, between the City of Bakersfield, a municipal corporation ("City"), and Quad Consultants (,Consultant"). RECITALS It is the intention of the City as designated lead agency, to prepare an Environmental Impact Report (EIR) for the Kern River Channel Maintenance Program in the floodplain of the Kern River in the metropolitan Bakersfield area; and The time constraints are critical because of the necessity to remove the excess sand from the Kern River Channel; and Consultant is qualified to assist the City in development of this EIR; and City now desires to employ Consultant to provide profes- sional and technical services necessary for development of such an EIR for the Channel Maintenance Program in the Kern River flood plain. AGREEMENT City and Consultant mutually agree as follows: 1. SCOPE OF WORK: The scope of work is generally described a~ preparation of an Environmental Impact Report for a river channel maintenance program for the Kern River in the Incorporated area of the City of Bakersfield. Specifics of the scope of work for this project are set forth in the proposal from Consultant to the City dated July 2, 1985, attached hereto as Exhibit A and made a part hereof as though set forth herein ver- batim. City and its officers and employees shall provide neces- sary information to the Consultant as required to perform the ser- vices described herein and in accordance with the aforementioned proposal. 2. COMPENSATION: Compensation for services under Paragraph No. 1 shall consist of a flat fee to be paid by the City to Consultant in the amount of Twenty Thousand Dollars ($20,000.00) to be paid in monthly increments based upon percent- age of task completion, and an estimated amount of Ten Thousand Dollars ($10,000.00) to be paid on a time-and-materials basis based upon Exhibit B, Fee Schedule, attached hereto. 3. SUBMISSION OF REPORTS: The following reports, described in Exhibit A, shall be prepared by the Consultant: Administrative Draft EIR, Draft EIR, and Final EIR. Consultant shall revise, correct, add or delete in accordance with City recommendations, after review of the administrative Draft EIR, prior to submission in final form, to the end that City is reason- ably satisfied with the contents and quality of such product. The reports shall be submitted consistent with the schedule described in Exhibit A. The approved final form of the products of each phase shall be considered evidence of task completion for fee pay- ment purposes, in accordance with the payment schedule outlined herein. The Administrative Draft shall be supplied to the State Board of Reclamation. 4. PAYMENT: The Consultant shall be paid by the City for services rendered subsequent to receipt by the City of a req- uisition for payment from the Consultant specifying that the tasks provided for by this Agreement have been performed and approved by City in accordance with the terms of the Agreement. Consultant shall submit to City an itemized invoice for work completed during the preceding mont~h. The invoice should also include the purchase order number. Payment by City to Consultant shall be made within 45 days after receipt and approval by City of Consultant's herei- nabove described invoice. Such requisition shall be submitted to the City monthly, and shall request payment in proportion to the percentage of completion for each of the tasks performed and approved as specified in the Cost Estimate, of the aforementioned July 2, 1985, proposal submitted by Consultant and attached hereto as Exhibit A and incorporated herein. City may review and copy Consultant's records of time and material expended during normal working hours upon 24 hours written notice. 5. PERSONNEL AND FACILITIES - SUBCONTRACTORS: The work will be performed by personnel of the Bakersfield, and Visalia, California offices of the Consultant; except that Consultant shall subcontract to Rickett, Ward and Delmarter, a California cor- · poration, Consulting Engineers, for the performance of various technical and analytical services associated with the project. No other subcontractors shall be utilized'for any portion of this project without advance approval by the City and ConsUltant. Each member of the Consultant's team must be approved by City after City has reviewed their qualifications. 6. TIME OF COMPLETION - PENALTIES: The time of comple- tion for the work called for in this Agreement shall be approxi- mately six (6) months, or by December 31, 1985. Consultant will use its best efforts to complete all work by the above stated date because of the necessity to start the removal of the Kern River Channel sand. 7. NOTICES: All notices to either party shall be deemed to have been provided by depositing the same, postage prepaid, with the United States Postal Service, addressed as follows: TO CITY: City of Bakersfield 1501 Truxtun Avenue Bakersfie%d, CA 93301 Attn: Barry Hand, Principal Planner TO CONSULTANT: QUAD Consultants 1415 18th Street, 'Suite 611 Bakersfield, CA 93301 Attn: Margaret Munsey, Vice President 8. INDEMNIFICATION: Consultant hereby agrees to defend, indemnify, and save harmless City and its officers, agents and employees from and against any and all claims, demands, liability, costs, expenses, damages, causes of action and judgments, to the extent that such result from negligence by Consultant or its -3- agents or its employees or its independent contractors under this Agreement. This contract calls for the performance of the services of Consultant as an independent contractor, and Consultant will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. Consultant is free to practice Consultant's profession during those periods Consultant is not performing work under this contract. 9. INSURANCE: Consultant shall take out and maintain during the entire term of this Agreement, Workers' Compensation, Public Liability and Property Damage Insurance. Public Liability coverage shall be in the single limit amount of Five Hundred Thousand Dollars ($500,000.00), Property Damage in the single limit of Two Hundred Fifty Thousand Dollars, $250,000.00), pro- vided that all such insurance shall include the following provi- sions: 1. It shall cover personal injury as well as bodily injury. 2. It shall include City of Bakersfield as a named insured herein for all coverage. 3. ~It shall require the insurance carrier to give City of Bakersfield thirty (30) days prior written notice of any can- cellation thereof, any reduction in coverage, or any other major change therein. . 4. It shall cover owned, non-owned and hired cars and trucks. 5. the term "insured" is used severally and not collec- tively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability. 6. It should also include Broad Form Property Damage Coverage. 7. Consultant shall not perform any work under this Agreement until after he has furnished City of Bakersfield a cer- tificate of insurance concerning the insurance required hereunder. Consultant will receive confidential information during the course of this project. Consultant shall perpetually maintain the confidentiality of all such information unless cleared in writing to release such information by City. Any unauthorized disclosure of confidential information shall be deemed a material breach of this contract. 10. 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 provi- sion at a later time, and shall not serve to vary the terms of this Agreement. ll. FORUM: No lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in any state other than California. 12. TIME: Time is of the essence in this Agreement. 13. HEADINGS: All paragraph or section captions are for reference only, and shall not be considered in construing this Agreement. 14. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 15. BINDING EFFECT: This Agreement shall inure to the benefit of and be binding on the successors in interest and assigns of the parties. 16. ATTORNEY'S FEES: In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other nonreimbur- sable litigation expenses, such as expert witness fees and inves- tigation expenses. -5- 17. TERMINATION: This Agreement shall be terminated by any party giving 30 days of termination notice to any other party. 18. MERGER AND MODIFICATION: This contract sets forth the entire agreement between the parties, and supersedes all other oral or written provisions. This contract may be modified or ter- minated only in a writing signed by all the parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, the day and year above written. "C I TY" By FOR THE WATER BOARD OF THE CITY OF BAKERSFIELD APPROVED as to form: CITY ATTORNEY of the City of Bakersfield "CONSULTANT" QUAD ConsUltants ~ -6- D~ENT OF WA~ PAUL D~. D~lctor GENE BOG&RT. A~s,stan~ D~to, C JOSEPH TURNER Was~e~te, Su~,nte~den~ October 15, IgS~ Hr. Robert Hanning, Chief Engineer Departnent of Water Resources The Reclamation Board 1/~16 - 19th SLtreet, Room 315-18 Sacramento, CA 9551/t Rt.: K~RN RIVER CHANNEL HAINTENANCE PROGRAH STOi'KDALE HIGI~/AY TO HANOR STREET g~ar ~' Map~ing: 's a fcl!o,.:-up to our previous cOnversations, please find a preliminary net -t ~lans, profiles and cross-sections that show existing channel cond.tlons and proposed "take line" limits which would establish long- tcr:- ~"esign sections for the Kern River channel from a point just west of Stockdale Higl~;ay bridge (floodway mi le point 115.5) upstream to Hanor Street bridge (floodway mile point 12/1.5). Following a year of preparation, · -,e feel this plan is long overdue. With the unusually high Kern River flows and resulting sand deposits experienced since 1978, and with the continuing ,',utside requests to develop and/or encroach into the Kern River Floodway, ',.,'e feel it is essential at this time to establish a master plan for sand removal and channel maintenance in order to preserve the carrying capacity cf the Kern River through Bakersfield. The "Ke~n River Plan", which was recently adopted by the Board of Supervisors and is currently being reviewed by the City Council, addresses this program. To quote; "A channel maintenance program shall be developed by the City t~ater Resources Department and Kern County for their respective Jurisdictions. The plans shall be included as appendices to this element upon their approval by the Reclamation Board of the State of C, alifornia." ~/ith this information, we submit for your review the attached plan titled "KERN RIVER CNANNEL HAINTENANCE PROGRNt." The criteria used by the City of Bakersfield in developing this plan was as follows: I) All side slopes in borro~ and excavation areas will be required at 6:1 or flatter. 2) Beginning slopes for "take lines" at borrow areas will be required to be a minimum of, 50 feet from the inside toe of all primary levees. 3) All borrow areas are to be within the State Reclanatlon Board's "Designated Floodway" with two exceptions; State mile points 119.7 to 120.i, and State mile points 121.O to 121.2. q)Excavations below the existing river profile are only allowed to occur upstream of the major Kern River diversion points. Please review the attached aerial photographs, profiles and cross-sections. We suggest that your staff, after reviewing the data, contact our office if you have any questions or suggestions. We would appreciate your attention to this matter as soon as possible since ~e hope to have a Kern River channel maintenance program in place by the beginning of I~5. Again, we appreciate your help and guidance in this matter. Very truly yours, PAUL D01~ Director of Water Resources PDt sr cc: George Caravalho, Bakersfield City Manager Paul Flanagan, State Reclamation Board L. Dale Hawley, Public Works Oirector, City of Bakersfield Charles H. Williams, Kern River Watermaster Louis 8randt, Kern River Levee District Harmon Clement, Kern Hosquito Abatement District Run Holden, Kern County Administrative Officer L Dale Mills, Kern County Public Works Director Rick Iger, Flood Control Engineer, Kern County I~ater Agency Dewey Sceales, Planning Director, City of Bakersfield Randall Abbott, Kern County Planning Director Helvin dans, Tenneco-West, Inc. Cliff Trotter, Arvin-Edlson ~/ater Storage District Calvin Bidwell, Building Director, City of Bakersfield Eno I osure STATE OF CALIFORNIA-I%ESOURC:~$ AGEI~ GEORGE DEUKIdEJIAN. DEP~RT~E~ OF WATER RES~KES ~E RECL~TIOH BOARD ~c, mM~, CA t~14 NOV October 29, 1984 Mr. Paul Dow Director of Water Resources City of Bakersfield 4101 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Dow: I have reviewed your proposed Kern River Channel Maintenance Program, Stockdale Highway to Manor Street, and it appears to be in conformance with the Board's Designated Floodway. commend you and your staff for developing a maintenance plan which looks at the overall picture of flood control rather than a patchwork approach to maintenance problems. Please submit the final plan and appropriate environmental documentation to the Board at least 60 days in advance of your implementation date so we can take it to The Reclamation Board for approval. Any questions regarding our permit process should be directed to Mr. Ted Allen, Assistant Secretary for the Board, at (916) 445-9225. Sincerely, ROBERT L. MANNING ~ Chief Engineer ' JUL 0 3 1985 , INITIAL S'I~3DY CITY OF BAKERSFIELD DEPARTMENI' OF V/AT~.'! R[5OU,"~E5 Project Title - Kern River Channel Maintenance Program Location - Reach I - Within the Kern River, between Stockdale Highway and Manor Street. (Approximately 9 linear stream miles. ) - Reach II - Within the Kern River, northeast of Interstate 5 to State Reclamation Board mile point 110. Mile point 110 exists within the southeast quarter of the northeast quarter of Section 18, Township 30 south, Range 26 east. (Approximately 3 linear stream miles. ) Availability of Plans: Plans for The Kern River Channel Maintenance Program, Reach One are available and included as part of the Initial Study. Plans for Reach 2 are being developed and will be available for review as part of the Draft Environmental Impact Report. Applicant - City of Bakersfield Lead Agency - City of Bakersfield Necessary Approvals: Permit must be obtained from the State of California Reclamation Board. Purpose: The Kern River Channel Maintenance Program proposes to establish a roster plan for phased sand removal and channel mintenance in order to preserve the storm flow carrying capacity of the Kern River through Bakersfield (Reach I) and through nearby City owned property (Reach II). The mintenance program would allow for the removal of sand primarily from the Kern river designated floodway (per State Reclamation Board) although removal from the secondary floodway (Stetson Engineers) would be allowed northwest of the intersection of Mohawk Avenue and Truxtun Avenue, and northeast of the Atchison, Topeka and Santa Fe Railroad crossing to straighten the channel. The attached maps show floodways and proposed limits of excavation with relation to floodways in Reach I. Sand removal and channel straightening would be designed to allow passage of an intermediate regional flood through the designated floodway. An intermediate regional flood is a flood having an average frequency of occurence in the order of once in 100 years'although the flood may occur in any year. It is based on statistical analysis of stream flow records available for the watershed and analysis of rainfall and run-off charac- teristics in the general region of the watershed. The Corps of Engineers in their 1969 report calculated the intermediate regional flood in the vicinity of Bakersfield (Reach I) from the uncontrolled watershed between Isabella Dam and the City to be 15,000 cubic feet per second (CFS). Reach II would require a 5,000 C.F.S. capacity. -2- Implementation of the program would also preserve the capacity of the entire river channel between levees to transmit short duration flood flows of approximately 20,000 CFS in Reach I. Modification of the river channel to program specifications would require removal of approximately 1,200,000 cubic yards of sand under the current condition of the river. In som~ areas vegetation removal would also be necessary such as in island r~oval and channel straightening. Since 1977, the demand for borrow material has averaged approximately 70,000 cubic yards per year. With similar demands projected for the future, it is unlikely that the river channel would ever be completely modified to meet maintenance plan specifications. Depending on the deposition rate of river sediments in a given year, the benefits of sand extraction are somewhat off set. Borrow sites will be influenced by the location of the project requiring fill material and the need for obstruction removal along a given reach of river channel. Actual borrow site locations and phasing would be determined by the City of Bakersfield Water Resources Division in conformance with the Channel Maintenance Program. Ren~val of material would take place in compliance with a city borrow agreement which, among other work related items, addresses dust control and ingress/egress roads. Access must be designated by the City, and no oil or other permanent surfacing material may be used on access roads. The contractor would be required to obliterate roads when operations are ter- minated. Dust control practices would be required to minimize impacts on air quality. Earth moving equipment including scrapers, bulldozers and front-end loaders would complete most of the excavation work. Trucks would be used to transport material w~]ere needed. Excavation would vary in depth between 0 and 7 feet (Section X-2) below the existing channel profile. The maximum width of excavation would be approximately 850 feet (Section X-76). The resulting project area would be a clear channel for water transport, devoid of islands and vegetation which inhibit water flow and catch debris. The maintenance program relates to the Kern River Plan Element of the Bakersfield Metropolitan Area General Plan and Kern County General Plan in that it responds to the following floodplain management issue, goal, and policies (as selectively excerpted from the Final Draft of the Kern River Plan Element). Issue From a safety and resource management standpoint, floodplain management is a major priority issue. Activities related to groundwater recharge, channel maintenance, levee maintenance and construction, and diversion structures have a direct relationship to public safety and environmental quality. -3- To maintain the integrity of the river channel so as to facilitate a floodway for Kern River waters for the health and safety of the community. Policies The primary floodway shall be primarily devoted to the safe and controlled passage and percolation of water and shall be maintained in a manner to adequately achieve this purpose. This shall be carried out through proper and necessary n~in- tenance of the River channel through appropriate deepening of the channel when necessary, and main- tenance of levees and dikes. Sand and gravel removal by temporary portable equipment is allowed in the primary and secondary floodways. Resource extraction activities, such as sand and gravel removal, shall comply with the "California Surface Mining and Reclamation Act of 1975". A channel maintenance program shall be developed by the City Water Resources Department and Kern County for their respective jurisdictions. The plans shall be considered for inclusion by General Plan Amendment as appendices to this Element upon their approval by the Reclamation Board of the State of California. KERN RIVER CHANNEL MAINTENANCE PROGRAM ~25~ _BurbanE 28 i -- I ' .... e ~ ....... i~33 -. - , ~n~ , . o I o ~ Taft- ~akersf~eld m; Hiflhl~av e ~ 'PANAMA ;pan~me t~ Rd;', GREEN PREPARED BY BAKERSFIELD CITY PLANNING DEPT. APPENDIX I ENVIRONMENTAL CHECKLIST FORM (To be completed by Lead Agency) I BACKGROUND 1. Name of Proponent: CITY OF BAKERSFIELD 2. Address and Phone Number of Proponent: /501Truxtun Avenue Bakersfield, CA 93301 (805) 326-3715 Contact Gene Boqart 3. Date of Checklist Submittal: 11/12/84 4. Agency Requiring Checklist: 5. Name of Proposal, if applicable: Kern River Channel Maintenance Program ENVIRONMENTAL IMPACTS ' (Explanations of all "yes" and "maybe" answers are required on attached sheets.) YES MAYBE NO 1. Earth Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction, or overcovering of the soil? X c. Change in topography or ground surface relief features? X d. The destruction, covering, or modifi- cation of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, de- position or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? × g. Exposure of people or property to geologic hazards such as earthquakes, land- slides, mudslides, ground failure, or similar hazards? X YES MAYBE NO 2. Air Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X 3. Water Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh water? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? X c. Alterations to the course or flow of flood waters~ d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? X §. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding or tidal waves? SEE_.COMMENT ~ j. Will the proposal result in water service from any public or private entity? X 4. Plant Life Will the proposal result in: a. Change in the diversity of species or number of any species of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? YES MAYBE NO 4. Pl'ant Life (continued) b. Reduction of the numbers of any unique, rare or endangered species of plants? X c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? X d. Reduction in acreage of any agricultural crop? X 5. Animal Life Will the proposal result in: a. Change in the diversity of species or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? X b. Reduction of the numbers of any unique, rare or endangered species of animals'? X c. Introduction of new species.of animals , into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wild- life habitat? X 6. Noise Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X 7. Light and Glare Will the proposal produce new light or glare? X 8. Land Use Will the proposal result in a substantial alteration of the present or planned land use of an area? X 9. Natural Resources Will the proposal result in: a. Increases in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resource? X 10. Risk of Upset Does the proposal involve a risk of an explosion or the release of hazardous substances (inculding, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X I-4 YES MAYBE NO ll. Population Will the proposal alter the lo- cation, distribution, density or growth rate of the human population of an area? X 12. Housing Will the proposal affect existing housing, or create a demand for additional housing? X 13. Transportation/Circulation Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? X c. Substantial impact upon existing trans- portation systems? X d. Alterations to present patterns of circu- lation or movement of people and/or goods? X e. Alterations to waterborne, rail or air ' traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 14. Public Services Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public faciliti'es, includ- ing roads? X f. Other governmental services? --X---- Energy Will the proposal result in: a. Use of substantial amounts of fuel or energy? X b. Substantial increase in demand upon existing sources'of energy, or require the development of new sources of energy? X YES MAYBE NO 16. Utilities Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X 17. Human Health' Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental '~'~ health)? X b. Exposure of people to potential health hazards? X 18. Aesthetics Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 19. Recreation Will the proposal result in an impact upon the quality or quantity of exist- ing recreational opportunities? X 20. Archeological/Historical Will the proposal result in an alteration of a significant arch- eological or historical site, structure, object or building? X 21. Mandatory Findings of Significance (a) Does the project have the potential to degrade the quality of the environment, sub- stantially 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 re- s'trict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre- history? X YES MAYBE NO 21. Mandatory Findings of Significance (continued) (b) Does the project have the potential to achieve short-term, to the disadvantage of long- term, environmental goals? (A short-term impact on the environment is one of which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). X (c) Does the project have impacts which are in- dividually limited, but cumulatively considerable? (A project may impact on two or more separate re- sources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X (d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X III. DISCUSSION OF ENVIRONMENTAL EVALUATION See Attached IV. DETERMINATION , (To be completed by the Lead Agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a Negative Declaration will be prepared. F--I 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 plans or proposals made by or agreed to by the applicant before the proposed negative declara- tion is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence before the city that the project as revised may have a significant effect on the environment and that a NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~gnat~re ) For ~t, v6y $c6~ II. ENVIRONY~TAL IMPACUS~ 1. Earth b. Yes - The project proposes to maintain the discharge capacity of the Kern River channel by vegetation removal, and stream bed deepening, widening and realignment or straightening. A deeper channel allows flood discharges to pass through without rising to levels that would overtop the banks and possibly erode levees. Embankments intruding into the Designated Floodway would be r~novedor straightened to facilitate water flow and to decrease undermining and erosion of levees. The above tasks would require excavation and removal of sand from'the Kern River. Sand r~noval areas or borrow sites would provide fill material for developn~nt as needed. The location of borrow sites would be determined by the City of Bakersfield Water Resources Division of the City Commmity Services Department. c. Yes - priority areas of sand removal include some existing islands within the project area and portions of stre~nmmeanders which inhibit the passage of water and may accumulate debris during critical periods of high run off. Elimination of these obstacles, channel deepening and channel widening would result in a change in topography and surface relief features within [he limits of excavation lines shown on the attached maps for Reach I. d. Yes - The maintenance program would require modification of the Kern River, a unique physical feature consisting of a major California river flowing through a major metropolitan area in the southern San Joaquin Valley. The river has undergone constant man-made modification in the past with the construction of levees and extraction of sand. Modification proposed in the maintenance program would consist of the deepening, widening, and cleaning of the river chanael (see channel profiles and sections) through the r~oval of sand and vegetation. f. Yes - The lower reaches of the Kern River, which pass through Bakersfield (the project area) are areas of deposition. The river gradienh is reduced to a point where the river is u~]able to move its debris load so that sand and other particles settle out, causing a constant upgrading of the river channel. As deposition occurs, the capacity of the river channel is reduced. If no levees were present, during flood stage the river could dump its sediment load over a large area as it spreads out over the valley floor. With the construction of the levee syshem which now exists, all sedimentation occurs in the area between Appendix I Kern River Channel Maintenance Program Page 2 f. ( continued ) levees. Without constant removal of sand, the only alternative would be to periodically raise the levee system to preserve the discharge capacity. This alternative is not feasible. The existing design of the lower Kern River is such that flows over 15,000 CSF are able to deposit their sediment loads within the secondary floodway primarily defined by the levee system. Under full development of the maintenance program (unlikely because of insufficient demands for fill material) sediment loads of flows up to 15,000 CFS would be deposited within the designated floodway which would periodically be maintained within the limits of excavation to preserve the capacity of system and decrease the likelihood of levee exposure to erosive forces of the river. 2. Air a. Maybe - The possibility for an increase in dust around the pro- ject site exists because of the operation of heavy equi~nent on fine grained soil particals. The borrow agreement required by the city for contractors wishing to acquire fill material from the river requires dust control practices to minimize wind-blown ' sand and soil to the greatest practicable extent. 3. Water a. Yes - Freshwater movements in the Kern River would be altered. Full development of the maintenance program would limit flows of 15,000 CSF or less (Reach I) to the area depicted as the desig- nated floodway on the attached maps. The path of stream flow would be straightened with the removal of some existing mean- ders. b. Maybe - Absorption rates may increase as a result of channel widening and cleaning. c. Yes - Alterations to the course or flow of floodwaters would result from channel straightening and island removal. i. C~nt - The purpose of the proposed channel maintenance program is to preserve the water carrying capacity of the Kern River through the removal of sand which causes constant upgrading and capacity decrease of the river channel between levees. The project will have a positive effect on flood mana- gement and may reduce the likelihood of flooding through a reduction of stress on the levee system during high flows. Appendix I Kern River Channel Maintenance Program Page 3 4. Plant Life c. Using the base aerial photography (flown October, 1983) which depicts plan lines of Reach I of the proposed project, it appears that approximately 80 acres of riparian vegetation exists within the designated floodway except for approximately 1 acre within the secondary floodway just east of the AT & SF Railroad crossing. Approximately nine acres of vegetation exists on islands within the river. With the implementation of the proposed plan, there would be a phased removal of vegetation and sand to specifications described on the attached maps. The plan may allow so~ areas now void of vegetation to become revegetated as water is able to move along the improved river channel and recedes from areas now flooded due to the deflection of water from obstacles w~]ich will be removed. Areas within the designated floodway which are now vegetated are temporary and/or transitory, depending on (among other stream processes) the volume and speed of water in the river. Some vegetation would also be removed during road construction to and from borrow sites. Access roads would revegetate after vacated as a result of terms in the borrow agreement w~ich prohi- bit permanent road surfacing and require obliteration after use. 5. Anhnal Life c. Maybe - Human activity associated with sand removal may present a temporary barrier to the mov~nent of animals within the designated floodway. Excavation projects should not seriously inhibit the movement of animals because of the limited areas of disturbance. Ample-room for movennent around excavation distur- bances will exist between the limits of excavation and levees. d. Maybe - The project would require the removal of brush and clearing of the river channel which may decrease fish and wild- life habitat. Much or all of the habitat for wildlife which would be removed is now temporary in nature because of its existence within the constantly changing main river channel in the designated floodway. Appendix I Kern River Channel Maintenance Page 4 Evidence provided by biological investigations for previously completed environmental impact reports (DEIR, 2,800-Acre Groundwater Recharge Facility along the Kern River for the City of Bakersfield SCH NO. 82090305, (1983)). The Gannon- Wattenbarger General Plan Amendment SCH NO. 80091859, (1981) and the State College area General Plan Amendment SCH. NO. 79121905, (1980) suggest that habitat within the project area may be frequented by one or more endangered animal species, the most publicized of which is the San Joaquin Kit Fox. Note: The above referenced documents may be inspected at the City of Bakersfield, Planning Department, 1501 Truxtun Avenue, Bakersfield, California, or at the Beale M~morial Library, Main Branch, 1315 Truxtun Avenue, Bakersfield, California. The proposed project my provide wildlife habitat in some areas as a result of deepening of the river channel which would allow some areas now flooded due to river upgrade to revegetate as waters recede in favor of an improved river channel. Habitat for fish my also improve behind mjor diversion points as a result of sand removal. These areas typically fill with sand rapidly as a result of a decrease in the river's velocity (therefore sedi- ment transport ability) behind diversion points. 6. Noise a. Maybe - Noise levels could temporarily increase in areas of exca- vation during the period of time sand r~oval is taking place. Excavation equipment would be similar to earth moving equipment used for grading prior to construction projects. The nearest residential structures to the limits of excavation currently exist south of the river, between 24th Street and Golden State Avenue. Single family homes in this area are approximately 200 feet from the project area. Some noise mitiga- tion would result from the river channel depression within which the noise would emanate. Canal banks which act as levees along this portion of the river will assist in containing noise within the channel. Kern River Channel Maintenance Program Page 5 7. Light and Glare Maybe - Operations which require fill material i~ediately may require night operations which could produce temporary increases in light and glare in the project area. 13. Transportation/Circulation d. Maybe - Truck movements to and from borrow sites may impact existing circulation flows because of slower acceleration rates and longer turning radii. 18. Aesthetics Maybe - The project will result in the clearing, cleaning and straightening of the river channel in order to maintain the capa- city of the designated floodway. The project, as a result of these actions, may result in portions of the river bec~ning less aesthetically pleasing than they now are for some people. Times when excavation is occurring and earthmoving equipn~nt is in the river channel may be especially offensive to sc~e, although the operation would be temporary. The aesthetic impacts of the project are most likely to be objec- tionable because it could reduce the environmental and visual diversity of a "natural" system which may hold intrinsic values for some. The importance of these values is an individual subjective deter- mination dependent on many c~plex variables. For some, the pro- ject may improve the aesthetic appeal of the river because full buildout would result in a clean main river channel with vegeta- tion on both sides. 19. Recreation Maybe - During periods of excavation, temporary inconvenience may be caused to hikers or equestrians utilizing the riverbed although the inconvenience is not considered significant. 21. Mandatory Findings Of Significance a. The proposed project, through stream modification and the removal of approximately 80 acres of riparian habitat (Reach I) may have an impact on available habitat for fish and wildlife. S~e of the areas which would be disturbed may be within the foraging range of rare or endangered animal species such as the San Joaquin Kit Fox2 III. DISCUSSION OF ENVIRONME~AL EVALUATION The Kern River in the .vicinity of the project area is not a natural system. The construction of levees to contain flood flow has effec- tively eliminated the river's potential to spread its sediment load over a wide area (including tJ]e central and southwest portions of Bakersfield) which would otherwise bec~e an alluvial fan. Alluvial fans are typically formed where a stream suddenly emerges from a steep mountain front onto a flat plain. It is con~only held that deposition occurs because the gradient is drastically reduced. Deposition also occurs as a result of change in channel width and loss of volume as the stream flows over the fan. Although a decrease in depth causes an increase in velocity, this is offset by volume reduction. The overall effect is a loss of transportive power. Without the ability to spread out over an alluvial fan, the Kern River eventually slows and deposits its sediment load in a channel confined by levees. Deposition raises the river bottom and decreases the overall water carrying capacity of the river. Under this unnatural system, alternatives for preserving the carrying capacity of the river include continuous raising of the levee system or continuous removal of sand from the river bottom. Without one or both of these actions, the threat of flooding would increase as the river capacity decreased. Eventual flooding would be inevitable. The project would allow sand removal to continue as it has in the past only under the proposed master plan with given specifications to control the location and depth of grading. No borrow pits would be permitted. Impacts identified in the initial study which could affect people include a temporary increase in noise and lighting, and potential aesthetic impacts. Impacts on the natural environment could include alteration to the "natural" morphological processes existing within the river, and modification of existing fish and wildlife habitat. The California Environmental Quality Act (C~QA) in Section 15064(2)(e) Appendix G, describes consequences which may be deemed significant. Among potentially "significant effects" are the following impacts: 1. A substantial, d~monstrable negative aesthetic effect. 2. Substantially affect a rare or endangered species of animal or plant or the habitat of the species. 3. Interfere substantially with the movement of any resident or migratory fish or wildlife species. 4. Substantially diminish habitat for fish, wildlife or plants. Page 2 Section 15065 of C~QA addresses "mandatory findings of significance" and states that "a le~d agency shall find that a project may have a significant effect on the environment and thereby require an EIR to be prepared for the project when the project has the potential to substantially 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 co~m~ity, reduce the n~nber or restrict the range of a rare or endanqered plant or animal, or eliminate important examples of the major periods of California history or prehistory." Because buildout of the project area w~uld necessitate the r~oval of habitat within the ranging areas of rare and endangered animal species (San Joaquin Kit Fox), an Environmental Impact Report must be prepared for the project. The following discussion is provided to assist in focusing the environmental impacts identified as significant in the initial study (per C~QA Section 15143). The following reco~nended focus does not limit the EIR to those subjects identified below as consultation with other state and local agencies may add to the number or complexity of issues to be addressed. Plant Life The EIR should provide an estimate of the number of acres' of vegeta- tion which would be impacted either directly through excavation and road building or indirectly through dust, vibration, or other exter- nalities. An inventory of plant species within the impact area should be completed to determine if any rare or endangered plant species exist, and the location of such species if identified. Mitigation for protecting sensitive areas should be suggested. Discussion should also include an estimate of the amount of acreage which may revegetate as a result of the improvement of the water carrying capacity of the river channel and channel straightening. Areas now inundated due to the deflection of the rivers course away from islands and other obstructions which would be allowed to reve- getate if outside of the limits of excavation should be documented. Animal Life An inventory of animal species within the impact area should be completed to determine the existence of rare or endangered animal species. If evidence of rare or endangered animal species is found, the carrying capacity of the river corridor should be stated in terms of the number of animals per linear stream mile (or other appropriate factor). The impact of the project on that carrying capacity should be discussed and any loss of animals should be quan- tified. Habitat consideration should include the potential for an increase in habitat for those areas outside of the limits of excava- tion which are now inundated and void of vegetation which are likely to revegetate if the program is implemented. Page 3 Noise and Liqhting Noise impacts on residential areas should be estimated with the consideration of "natural" mitigation which exists in the form of existing levees and the river channel depression. Noise impacts should consider the possibility of nighttime operations and appropriate weighting factors should be assigned. Lighting impacts resulting from nighttime operations should also be discussed. Mitigation (if necessary) should include the possibility of limiting the operations near residential areas to daytime hours or normal working hours. Areas of impact to residential areas should be displayed in map form. Recreation The EIR should address temporary or permanent impacts on recreational opportunities as they now exist and are proposed in the Kern River Plan Element of the Bakersfield Metropolitan Area General Plan and the Kern County General Plan. Aesthetics The EIR should include a discussion of any temporary or permanent impacts on aesthetics resulting from the maintenance program. Transportation/Circulation A discussion of potential impacts on Circulation resulting from truck movements to and from borrow sites should be discussed. The possible need for inclusion of circulation approval in the Borrow Agreement should be discussed if deemed appropriate. Maintenance plans for Reach II will be available soon for consideration in the Environmental Impact Report. Impacts resulting from the project in Reach II will be similar to those in Reach I, however noise and lighting impact would be considered insignificant because of the lack of any receptors. Few levees now exist in the vicinity of Reach II and the purposes for preserving river capacity are to protect city property adjacent to the river and valuable agricultural crops and land adjacent to City property while providing fill material. .~ ";':,,;;~ ~ ~ * Mailing Address C~¢,~;,;~,~,~ ~ · ~ ~*,,~' / P.O. Box 1968 r~' '~,',~,,;~:~t :*~ ~, ;j,' ~ '~'~;:!,'"' ~'~'"¢ /' Bakersfield, Calif. 93303 , ~ i~~¢i~~~~' ;('~' ......... ' ........ i'""* '"' { ,/ Telephone (805)832.1806 Sales .... , ,'&~,,~ ....... ~-~, ,, .,,~ l ...... , : ..... 832-0140 Loans R EALTO R ® 4000 1~II~6-AVENUET;:IBAKEFISEIELD,. CAI~IFORNIA 832-0322 Appraisals 831-0302 Escrows July 10, 1985 JUL ! 2 1985 CITY OF BAKERSFIELD DEPARTMENT Of WAT2~ Mr. Paul Dow Community Services Manager City of Bakersfield 4101 Truxtun Avenue Bakersfield, Ca. 93309 RE: c~tY of Bakersfield Water Service ~o Proposed Real Es~a~e Developmen~ Sou~h of Panama Lane Dear Hr. Dow: Thank ~vou for ~vour letter of June 19, 1985, and ~vour cons~dera, ble help ~n arranging for a C~ of Bakersfield proposal ~o serve wa~er to our referenced development. We have g~ven s~gnifican~ s~ud~v ~o ~vour's and California Water's pro- posals and have concluded ~ha~c because: 1. California Water's existing facilities are much closer to our f~rs~ planned development 2.Because California Water does n~ require an availability fee for acreage served, and 3. Because ~he main extension location along Wible Road as proposed by California Water, ~n our opinion, w~11 best promote o~her developmen~ in the a~ea (as 'opposed to a Cit~v Wa~er ma~n extension down either S&~ne Road or Akers Road), we have elected ~o reques~ tha~ California Wa~er serve ~his area. Thank ~ou for your help. S~ ncerel~v, REGI~ONAL HORTSAGE COMPANY Jay Alvin Wheelan JAW/ow C.C. California Water Service Co. ~ ~'~ 832-1806 Sales R EALTO R ® 4000-MING'AVENUE-:BAKERSFIELD,'CALIFORNIA 832~322 Appraisals, 831-0302 Escrows / · / California Water Service Company 1920 Eye Street Bakersfield, Ca. 93301 RE: Tract 4738'& other p~operty Attn. Mr. B.D. lewis / / Dear Mr. Lewis: I herebY request that California Water serve our planned development south of Bakersfield between Hoski.n§ Road and McKee Road and between Wible Road and Stine Road as per terms spelled out in your letter dated June, 12, 1985. Specifically, our property includes the east half of Parcel l, ?arcels 3 thru 8, and 12 thru 16, all of Section'35/30/27, as indicated on the attached plat and comprising approximately 230 acres. Our first development will access from Wible Road north of McKee Road and.compriSe approximately 30 acres. Our schedule calls for commencement of grading in December 1985 with a completion of off-site improvements by approximately m~d·yea~ 1986. It is my understanding that this development will be served from existing facilities at Panama Lane and Wible Road by a main extension along Wibie Road. This route, in my opinion, will best encourage other development in this area. Please advise me as to what additional information you might need so'that we may proceed. Sincerely, REGIONAL MORTGAGECOMPANY Jay Alvin Wheelan ,, JAW/ow c.c. Paul Dow Community Services Manager City of Bakersfield ~503I PM. NO 2665 I ' TRACT 16, I0 ROA~ 17 25 24 23 22 21 20 19 I~ Z4 ~ m ~. 33521 TAFT MEMORANDUM July 15, 1985 TO City of Bakersfield Water Board FROM Florn Core, Assistant Water Resources Director SO.EOT ASSOCIATION OF CALIFORNIA WATER AGENCIES MEMBERSHIP At the request of the Water Board at its regular meeting of May 22, 1985, Water Resources staff contacted the Associa- tion of California Water Agencies (A.C.W.A.) concerning the City obtaining membership to the organization. Staff received t~e letter of introduction that explains what A.C.W.A. is and does, along with various items and publications that A.C.W.A.~publishes, copies of which are ~' attached to this memo. The A.C.W.A. dues formula for 1985 is based on the Operations and Maintenance (0 & ~):expenditures of the City Water Resources Division for the fiscal year 1982-83. The member- ~ ship costs for the City, covering the remainder of calendar year 1985 would be $1,430, or one-half the present annual rate, plus a one time assessment for the purchase of A.C.W.A. head- quarters in the.amount of $4,136. The annual dues would be adjusted based on the reported 0 & M exoenditures. cp association of california water agencies · since 1910 · - a non-profit corporation June 11, 1985 .~ ~' °. ~:,' ~ ti L.I J', ' . !:..'~,',~ Florn Core CiTY Assistant Director of Water Resources C~ty of Bakersfield Water Resources Department 4101 Truxtun Avenue Bakersfield, California 93309 Dear Mr. Core: Thank you for your interest in the Association of California Water Agencies. The ACWA staff includes three full-time advocates who represent the 292 member water districts in the legislative and administrative arenas in California. The enclosed "Summary of Legislation Enacted in 1984" illus- trates our endeavors. Our Washington counsel keeps us ad- vised of developments on the federal level and represents our members as required. Regular membership in ACWA includes membership in the Na- tional Water Resources Association, which assists in our work toward the development, protection and management of water resources. ACWA sponsors a variety of employee benefit plans. Our large group buying power creates substantial premium savings to the majority of participating members. This has been espe- cially apparent in the major medical-health coverage and the group workers' compensation insurance. ~CWA has recently taken over the administration of the group health insurance coverage, which will enable us to have better control over the plan as well as provide better service to our members. The enclosed brochures will provide basic information on the two Blue Cross health plans offered to ACWA members. Monthly rates for both plans are the same: employee $87.25, employee plus one dependent $207.90, employee plus two or more dependents $240.67, provided the entire group chooses one plan. If the employer offers a choice between plans, the rate is increased by 5.05 percent. The last four years a large number of participants in ACWA's group work- ers' compensation pool have received more dollars' in bonus dividend than is actually paid in Association dues. You might ask your local Fund representative about the recently authorized deferred premium payment plan for this coverage as another means available for cash flow management. No extra dues will be charged for participation in ACWA em- ployee benefit plans. City of Bakersfield June 11, 1985 Page 2 Recent editions of the biweekly newsletter, ACWA News, are enclosed. All member agencies' officers, directors and at- torneys receive a subscription to ACWA News. We conduct annual meetings each spring and fall for three days of meetings, workshops and impact panels. Our next fall conference will be held December 3-5 in Coronado, where ACWA will celebrate its diamond jubilee. ACWA News will announce the various events and information about the registration process well in advance. Seminars are sponsored periodi- cally in response to pertinent issues. The ACWA dues formula is detailed on the enclosed schedule. Your city water department dues will be based on the O&M expenditures of $3,502,192, as reported for your water de- partment in 1982-83 by you to the State Controller, which equates $4,180 annual ACWA dues for 1985. However, at this time in the year, dues are prorated and $2,090 should be submitted with your membership application and will cover 1985 dues. The city water department will receive all ben- efits for membership as soon as the Board of Directors ac- cepts the request, and it is possible to enroll you in the various programs before the Board's meeting on September 20, 1985, pending the Board' approval. We would hope to have the application from the Water Department of the City of Bakersfield to place on the agenda. Additionally, in 1983, the ACWA Board of Directors has au- thorized the purchase of space for ACWA headquarters. The cost to each member is 1.446 times the annual dues billing and this is a one-time only charge of $6,044, in addition to the 1985 dues quoted above. If you wish further information, contact this office and any of our staff will be glad to help. Sincerely, John P. Fraser Executive Director/General Counsel Enclosures JPF:GB/ association of california water agencies · since 1910 _.. a non-profit corporation June 24, 1985 CITY OF ......;" ": :~D Florn Core Assistant Director of Water Resources City of Bakersfield Water Resources Department 4101 Truxtun Avenue Bakersfield, California 93309 Dear Mr. Core: 7.,¢ Thank you for your note and additional support material regarding ~}? the determination of the City of Bakersfield, Water Resources c~. ~ Department's ACWA dues. ~.:_--'3 In double checking with the State Controller's department we o ~ found that the debt service figure of $1,148,178 was indeed [~ ~ included in the $4,053,763 line item figure for your city's water :.~~ department on page 415 of the 1982-83 State Controller's report. -c~ o~ Your city's water department dues will be based on the O&M figure c ~ of $2,354,015, rather than the previously quoted one. You arrive O ~!~ ~'~ at this figure in the following manner: ~-- o $4,053,763 (D ,..o .'-- ( 68,333) water purchases ~-'c~ ( 483,238) depreciation expense '"~i~ >~ (1,148,178) debt service, which is not an operating expense. ~ ~ The newly arrived at O&M figure equates $2,860 annual ACWA dues. (D ;~' >: From June on, ACWA prorates its yearly dues, so that your dues at '.!~. "~,_.. this point will be $1,430 and this amount should be submitted ~. ~ with your membership application and will cover your city's 1985 ' ~ dues. The supplemental dues will be $4,136 and should be ,-~,.~ ,h submitted after your application has been approved by the ACWA 1(, ) ~,', d_ Board of Directors. r.~. -~ In case you may need further information, please call, and Cathy ~.~ '~' Apker or Gertrud Boswell will be glad to help. (1) ~i * Sincerely, C'3 ,.(~ ¢3 John P. Fraser Cxl --- -m. ~ :ive Direc d) CO rr? · "< ASSOCIATION OF CALIFORNIA WATER AGENCIES Membership Application The Board of Directors of the undersigned agency approves membership in the Association of Calitornia Water Agencies and requests approval of the governing body of the Association. We have been apprised that 19 . membership dues for this agency are $ and en~:lose a check for this amount payable to ACWA. Agency Name .. Title '.., Date . : ... Description of services provided by this Agency: The Association historically is divided into five sections based primarily on the legislative acts under which districts are formed (an irrigation district in the Irrigation Districts Section, for example). The bylaws permit, however, a member to select the section to which it will belong (pending approval of the Board of Directors if it is not the section.that corresponds to the act under which the district is formed). Unless a district indicates otherwise, it will be assigned to the section corresponding to its act. A district may elect to change sections subsequently, though approval of the Board of Directors is required for such a change. If your agency has a section preference, please indicate that preference below: Irrigation Districts Section. California Water Districts Section County Water Districts Section Special Agencies Section Municipal Water Districts Section Mall to: Association of California Water Agencies 910 K Street, Suite 250 · -Sacramento, California 95814 aSsociation of california water agencies 910 K Street. Suite 250 Sacramento. California 95814 MEMBERSHIP INFORMATION Name of Member Agency Street Address/P.O. Box City Zip Code' ( ~ Telephone Number County DIRECTORS Name Complete Mailing Address Zip Code Phone Number (President~Cbc irma.--Ph, ase circle o.e) Day and Time of Regular Meeting (Provide Tith. Us,,d B!! A!le.,'!l) DISTRICT DATA Board Secretary No. of employees on payroll District Secretary. Major Function of agency Personnel Manager Agricultural acres served Public Information Officer M & I population served *" ' District Manager SourCe of Water Chief Engineer Water Rights A/F Complete Business Address: CVP A/F SWP ' , A/F Attorney 'Firm Well Water A/F Reclaimed Water A/F Address - Other (specify) A/F Phone ( ) ,. Does your agency conduct a water conservation Signed program? yes( ) no! ) If answer is yes. please turn page. Date ] 1' your aj~ency conduct.~ n ~valer con.~ervn! ion In'o~ram. briefly dc.~('rihe pro,mm and api~rnxi m:~l~, savin~.~ in acre-fctq since the program was instituted: ACWA Dues Schedule and Formula dues formula is based on total operation and maintenance expenses for alt activities of a district as reported to State Controller. The latest published report is used, which is released approximately fen months alter the close of liscal year. Thus,. 1985 ACWA dues are based on lhe 1982-83 fiscal )fear. formula for districts who report "Water Utility" is= ~'~ .. . . Calculate total O&M by subtracting waler purchases, groundwaler replenishment, '~nd dePrecialiom. Subtract pumpin~,.-!;om the total resulting from (1) and mulliply the result by two. Use the lesser of (1) or (2) as the total O&M to apply to the dues rale.'- "Electrical Utility" reports, purchased power and depreciation are subtracted. In "Waste Disposal", depreciation subtracted. Capital expenditures are subtracted where included in expenses. For multi-purpose districts, total O& M each activity are combined to apply to the dues rate. O&M Category Dues Rate ... O&M Cat~gor~ Dues Rale (ooos omitted) (000s omitted) 0 - $ 24 $ 440 $ 2,900 - $' 2,999 $ 3.520 25 - 49 495 3,000 - 3,099 . .3,630 50 - 74 550 ' . .3,100 - ' 3,199 ~.- 3,740 " 75 - 99 605 ' '-- '.'3,200 - 3,299 ' 3,850 -100 - 124 660 3,300 - 3,399 3,960 125 - 149 715 ..... .3,400 - 3,499 - 4.070 150 - 174 770 . . . 3,500 - 3,599 4,180 175 - 199 825 · ..... .. " 3,600 - 3,699 '4,290 200 - 224 880 :;. 3,700 - 3,799 4,400 225 - 249 935 :'- ' -. ..3,800 - 3,899 4,510 250 -. 274 990 . . 3,900 - 3,999 4,620 275 - 299 1,045 -.4,000 - 4,599 4,730 300 - 349 1.100 ' · 4,600 - 5.199 4,840 " 350 - 399 1,155 5,200 - 5,799 4,950 400 - 449 1,210 5,800 - 6,399 5,060 450 - 499 1,255 6,4.00 - 6,999 5,170 500 - · 549 1,320 · ' 7,000 - 7,599 5,280 550 - 599 1,375 7,600 - 8,199 5,390 600 - 649 1,430 8,200 - 8,799 5,500 .650 - 699 1,485 8,800 - 9,399 5,610 700 - 749 1,540 ' ' 9,400 - 9,999 5,720 750 - 799 1,595 : .10.000 - 10,599 5,830 800 - 849 1,650 10.600 - 11 199 5,940 850 - 899 1,705 . :. 11.200 - 11 799 6,050 900 - ' 999 1,760 .. 11 800 - 12 399 6,160 1,000 - 1,099 1,815 12 400 - 12 999 6,270 1,100 - 1,199 1,870 -13000 - 13 599 6,380 1,200 - 1,299 1,925 13 600 - 14 199 6,490 1,300 - 1,399 1,980 14 200 - 14 799 6.600 1,400 - 1,499 2,035 14 800 - 15399 6,710 1,500 - 1,599. 2,090 15 400 - 15.999 6,820 1,600 - 1,699 2,145 16 000 - 16.599 6.930 1,700 - 1,799 2.200 16 600 - 17.199 7,040 1,800 - 1,899 ' 2,310 , 17 200 - 17,799 7,150 1,900 - 1,999 2,420 17.800 - 18.399 7,260 2.000 - 2,099 2,530 .., 18.400 - 18.999 7,370 2,100 - 2,199 2.640 .,, 19 000 - 19.599 7.480 2.200 - 2.299 2,750 19 600 - 20.199 7,590 2.300 - 2.399 2,860 20 200 - 20.799 7,700 2.400 - 2.499 2,970. 20 800 - 21.399 7.810 2.500 - 2,599 3,080 21 400 - 21.999 7.920 2.600 - 2.699 3.190 22 000 - 22.599 8.030 2.700 - 2.799 3,300 22 600 - 23,199 8.140 2,800 - 2,899 '3,410 23 200 & above 8,250 CI association of :les · since 1910 Volume 13 June 3, 1985 Number 11 Olson Resigns Bureau Post i'll;' ...... Robert A. Olson, acting commissioner said. "His knowledge oi the bureau and of the U.S. Bureau of Reclamation, his ability to effectively manage the announced his resignation with the Reclamation program were truly excep- bureau as of July 31. tional. He has contributed a great deal to Olson, who was appointed acting the bureau and to the department, and I commissioner of the bureau on Dec. 23, am grateful for all that he has done." 1983, said he has"thoroughly enjoyed" Robert N. Broadbent, U.S. Assistant his tenure in the post and feels fortunate Interior Secretary for Water and Science to have had the opportunity to head the and Olson's immediate supervisor, said agency, he is sorry to see Olson leave. "1 have benefited greatly from my "Bob Olson has been acting commis- association with Reclamation," Olson sioner of Reclamation for 17 months said, "and I have the highest regard for under trying and difficult circum- the outstanding group of people at the stances," Broadbent said. "But he has bureau. Their talent, dedication and not been afraid to make hard and tough professionalism are unsurpassed, andl decisions, and he has made those feel privileged to have had the oppor- decisions consistently and without Robert A. Olson tunity to head the organization of which prejudice. I am going to miss him." Southwest area manager for the U.S. Department of Energy's Western Area they are a part." Before being named acting commis- Power Administration, a position he had During the 17 months Olson has been sioner of Reclamation, Olson served as held since May of 1978. Before that time, acting commissioner, the bureau has the bureau's assistant commissioner for he worked for the bureau in various had many accomplishments. U.S. Planning and Operations and was re- capacities for over 14 years. Interior Secretary Don Hodel attributes sponsible for the supervision and co- many of these accomplishments to ordination of the agency's water opera- Olson's "skill, hard work and manage- tions, power resource management ment expertise." functions and planning activities. Governor Announces one of the finest man- Prior to his appointment in 1983 as Board Appointments Olson is agers in the Interior Department," Hodel assistant commissioner, Olson was Governor Deukmejian recently an- nounced the appointment of Gerald M. ~ ~7'~ ~/ C)~ 2 Davisson of Blythe as an alternate O (.,[T )T'Z£~ 6~. CTF__. t::9..)'ZI:~ F__. member of the Colorado River Board of California, and the reappointment of Leslie K. Brown of Lemoore to the [~7~ jj£a~ ~ zg~o, ~na( ~£~nta~ California. Waste Management Board. /*~orrz ~ c:/jf[~a, ~7'~[o~, ~_/~o~/~o, Davisson, a Republican, is general  manager of the Palo Verde Irrigation L_Oa~c[a[~ anti ~_~out~ ~_~an Joa?uln ~a- District and will represent that district in his new position. ~vl~a~ 25 [or~ t~z, {4u~p~o,, crt He received his bachelor's degree in on agricultural engineering from Colorado /_~man,nt_~ o~anZzirz~ o/ in the same subject four years later. £ £ [o~ ,zatt~,~ of ~o,zmon Davisson is a member of the Colorado t. ly int~,~t to tflzo~ ~a,t~ of da[ifo,nla ,v~ River Users Association and the Amer- i~i~at~on ~ ea~L~c[ on, o~ eo~t~m/~[at~, ican Society of Agricultural Engineers. Brown, a Republican, is the manager- _rr.pauL~e o£vn~h~p.P- ' owner of River View Farms of Lemoore, a position he has held Since 1958. Brown also serves as a supervisor of district one (continued on page 2) Appoi tm nts repurchase agreement and would permit City andDistrlctOrganizatlonLaw-- n e funds to be invested in a reverse re- AB 115 (Cortese, Bradley, et al.), which purchase agreement only upon approval ACWA supports, was approved by. the (continued from page 1) of the local agency's legislative body. Assembly and now is in the Senate. The The measure also would authorize measure would repeal the Municipal in Kings County. inclusion in the monthly investment Organization Act of 1977, the District He received his bachelor's degree in report, whichthetreasurerorchieffiscal Reorganization Act of 1965 and the agriculture and education from Fresno officer of the local agency is now Knox-NisbetAct. In their place, the bill State University in 1955 and served in required to prepare, information dem- would enact theCityand District Organ- the United States Navy from 1955-57. onstrating that the local agency's ex- ization Law. It would contain essentially penditure requirements can be met in the provisions of the other acts, but in a Brown's appointment requires Senate the following month, substantially revised, consolidated and confirmation. Water Quality Enhancement Bonds-- reorganized format. SB 210 (Ayala) was approved by the Interest Payments on Security De- SenateAgricultureandWaterResources posits--AB 143 (Mountjoy), which Committee and is now assigned to the ACWA had opposed before it was Senate Appropriations Committee. The amended, was approved by the Senate measure would enact the California Local Government Committee. The bill Water Quality Bond Act of 1986 that, if would require all local public entities adopted by voters at a statewide elec- that require any person, on or after Jan. tion, would authorize the issuance, 1, 1986, to furnish security in the form of Actions on BillspursuanttotheStateGeneralObligation cash or a cashier's check made payable Bond Law, of bonds in the amount of to the local public entity to guarantee Of ACWA Interest $900 million for purposes of purchasing the performance of any act or agree- rights to stored water from the federal merit related to a construction project, Following actions have been taken in Central Valley Project to meet water and that invests that cash or proceeds of the State Legislature on bills of interest quality standards established by the the check, to pay interest on that to ACWA's member agencies: State Water Resources Control Board as security if held by the local public entity conditions for the operation of the more than 30 days. Validations--SB 31 (Marks), sup- federal project and the State Water ported by ACWA, has cleared the Legis- Project and, if available, to provide Water Rights Fees--AB 404 (Kelley), lature and has been signed by the additional yield for the state project. The sponsored byACWA, was approved by Governor. The measure enacts the First bond act would have no force or effect the Assembly and was sent on to the Validating Act'of 1985. It validates the unless and until Congress enacts legis- Senate. The measure would increase the organization, boundaries, acts, pro- lation authorizing thesaleofwatertothe amount of fees required to be paid to the ceedings and bonds of the state, coun- state. State Water Resources Control Board in ties, cities and specified districts, connection with an application for, and agencies and other governmental enti- Hydroelectric PowerwSB 245 (Ayala),' the issuance of, a permit to appropriate ties. The Second and Third Validating sponsored by ACWA, was approved in water. The current fee schedule has a Acts, SB 32 and 33, are still in the Senate the Senate Agriculture and Water Re- sliding scale so that the more water that awaiting concurrence with Assembly sources Committee. The bill would amendments, extend to all districts organized under is appropriated, the lower the fee for the California Water District Law the each unit of water. The bill would revise Joint and Several Llability--SB 75 authority to construct, maintain and the schedule by charging a higher fee (Foran, Beverly and Montoya), sup- operate plants for the generation of per unit of water as more water is ported by ACWA, was approved by the hydroelectric power and transmission appropriated. Senate and was sent on to the Assembly, lines for the conveyance of that power, Refunding Bonds--AB 662 (Lewis), where it was assigned to the Judiciary in a manner consistent with such a supported by ACWA, was approved by Committee. The bill would provide that district's storage, transmission and the Assembly and sent on to the Senate, in an action for personal injury, property distribution of irrigation water, where it was assigned to the Agriculture damage or death, where an indivisible I I .............. - injury was caused by two or more persons, the damages shall be equitably apportioned among them by the trier of ACWA News fact. Each tortfeasor, as to economic damages, would remain jointly and (USPS 334030) severally liable for such damages. As to ACWA News is a biweekly publication of the Association of California Water noneconomic damages, each tortfeasor Agencies, 910 K Street, Ste. 250, Sacramento, CA 95814, for the benefit of would be liable for the percentage of ACWA members. Reproduction of this newsletter, in whole or in part, is such damages allocated to that person, expressly prohibited unless prior permission is obtained from the Association. and liability would be several and non Subscription rate is $10 annually for member agencies, their directors and joint. The apportionment of damages specified other representatives only. Second class postage paid in Sacramento, would be made without regard to any CA. POSTMASTER: send address changes to ACWA News, 910 K Street, Ste. immunity, but the apportionment would 250, Sacramento, CA 95814; (916) 441-4545. not affect any immunity. Ray Rummonds ................................................. President Local Agency Inveslments--SB 115 Rex Pursell ................................................ Vice President (Marks), opposed by ACWA, was ap- John Fraser .................. ~. Executive Director proved by the Senate Local Government Dan Smith ......................................................... Editor Committee. The measure would restrict Mae Mohr ............................................... Associate Editor the purposes for which local agency Anne Sanders ..................................... Production Coordinator funds could be invested in a reverse 2 and Water Resources Committee. The bill would permit the refunding of bonds Kirby Walter Hansen Dies by the Irvine Ranch Water District and the Moulton-Niguel Water District by Kirby Walter Hansen, a former president of the Association of California Water defeasance or call for redemption with Agencies, died recently at 85. Hansen was born in Fresno and was a lifelong resident specified conditions and requirements, of the area. Groundwater Recharge Facilities Hansen, who had served asa director of Consolidated Irrigation District, wasa Financing--AB 1156 (Areias), supported Caruthers district farmer and industrial engineer. by ACWA, was approved in the Assam- He was a past president of the California Water bly Ways and Means Committee. Thebill Council and the Kings River Water Association would enact the Groundwater Recharge as well as the Irrigation Districts Association of Facilities Financing Act to authorize the California (IDA), ACWA's predecessor. Department of Water Resources to make loans to local agencies to aid in the During the years he served as president ofthe ~r"'J ~.~.. ~'"'~'i1 conduct of projects for artificial ground- IDA--1959-1960--the Association voted to water recharge, approve the California Water Resources Devel- opment Bond Act, also known as the Burns- ~ . ~ .... ~ . Irrigation Districts--AB 1413 (Condit), Porter Act, which provided a means by which the sponsored by ACWA, was approved by state could financeandconstructtheStateWater~i the Assembly and was sent on to the Project. Senate, where it was assigned to the Agriculture and Water Resources Corn- In addition to his many contributions to the mittee. The bill would delete the require- water community, Hansen devoted time and ments of present law for irrigation effort to many other organizations. The latter district directors to execute a bond for included the Caruthers High School Board, the Alpha Chi Rho Fraternity at the $5,000. It would change the date by University of California, Berkeley, and the Commonwealth Club. He was listed in the which each year an irrigation district Who's Who in the West and was an Army veteran of World War II. must prepare a statement of the district's He is survived by his widow, Isabel; a daughter, Karen H. Christian of Fresno; a son, financial condition. It also would in- KirbyW. Hansen Jr. of San Diego; four brothers, Milton, Fred,and E.H."Red"Hansen, crease the fee for costs per assessed all of Fresno, and Arthur L. "Bub" Hansen of Big Bear; and five grandchildren. parcel for processing delinquent irriga- ,,, tion penalties to $5. The penalty for redemption of property sold for delin- ManualExplains Man. ,will be made available, at no quant assessments would be revised to cost, upon request. an amount based on a specified annual Public Works For further information, or to obtain a adjusted rate established by the Fran- copy of the manual after Sept. 1, contact chise Tax Board. The bill similarly would BidProcedu Robert Brasfield, Office of the State revise the rate of interest on certain res Controller, L.G.F.A., P.O. Box 1019, delinquent payments of matured bonds or interest coupons. A cost accounting commission, ap- Sacramento 95805; (916) 323-0805. pointed by the State Controller to TwentyninePalmsWaterDistrict--AB develop uniform construction cost ACWA Calendar 1503 (Leonard), supported by ACWA, accounting procedures forimplementa- was approved by the Assembly. The tion by public agencies, presented its June 7 9:30 a.m.,Legislative Com- measure would increase, for the recommendations in the form of a "Cost mittee, Sacramento Host Twentynine Palms Water District only, Accounting Policies and Procedures Hotel, Sacramento thelimit on water standby or availability Manual" to the State Controller on June i3 9 a.m.-12:30 p.m., Insur- charges or assessments from $10 to $30 May 1. ance Committee, San Fran- per acre per year. The 14-member California Uniform cisco Airport Hilton, San Water Standby Charges--AB 1759 Public Construction Cost Accounting Francisco (Bradley), which has just been substan- Commission, which includes Oliver tially amended, was approved by the Roemer, ACWA board member and June 27 9:30 a.m., Personnel Sub- Assembly and has been sent on to the West San Bernardino County Water committees (Salary Survey Senate. The measure would increase the Agency director, was appointed by the and Educational Seminars) limit for water standby or availability State Controller in May 1984 to promote ACWA Conference Room, charges for districts organized under uniformity of cost accounting standards Sacramento the County Water District Law and and an alternative method for the bid- June 27 1 p.m., PersonnelAdminis- County Waterworks District Law to a ding of public works projects by public tration Committee, ACWA maximum of $40 per acre or for a parcel entities. The procedures shall be uni- Conference Room, of less than one acre. formly applicable to all public agencies Sacramento which elect to utilize the uniform pro- Interest Rates for Reclamalion Dis- cedures. June 28 9:30 a.m., Legislative Corn~ tricts--AB 2361 (Robinson), supported mittee, Los Angeles Airport byACWA, was approved by the Assem- The State Controller has until Sept. 1 Hilton and Towers, Los bly and has gone on to the Senate, in which to formally adopt or reject the Angeles where it was assigned to the Local commission's recommended pro- Government Committee. The bill would cedures. Upon determination by,the Aug. 22 9:30 a.m.-3 p.m., Finance provide for an interest rate of 1 percent controller that the recommended uni- Committee, ACWA Con- per month on unpaid assessments ora form construction cost accounting ferenceRoom, Sacramento reclamation district, as well as for the procedures will serve the best interests Dec. 3-5 ACWA 1985 Fall Confer- amount paid for redemption of property of the state and public agencies, the ence, Hotel del Coronado, sold for unpaid district assessments. Cost Accounting Policy and Procedures Coronado 3 The California Supreme Court Grants Public Employees A Right To Strike (Editor's Note: This summary of a Indeed, the Court was persuaded that by involuntary servitude, buttressed by the recent California Supreme Court deci- the mere enactment of that Act "the constitutionally guaranteed freedoms of sion that could have an impact on water Legislature effectively removed many of association and expression. agencies, Is presented by ACWA as a the underpinnings of the common law Justice Kaus, joined by Justice service to its member agencies and the per se ban against public employee Reynoso, agreed that the decision of the California water communily. It was strikes." trial court should be reversed, but only prepared for ACWA by the law firm of The court turned a deaf judicial ear to on the limited ground that under Cali- Burris, Lagerlof, Swift& Senecal.) each of the grounds generally relied fornia law there is no basis for the On May 13, about one year after it upon as justifying the common law rule. awarding of damages foran illegal strike heard oral argument, the seven-member Thus, the court rejected as unsound the by public employees. In their view it was California Supreme Court held that the suggestion that government is the unnecessary in this case to determine common law prohibition against all embodiment of the people and hence whether the strike "in an abstract sense" public employee strikes is no longer those entrusted to carry out its function was legal or illegal, or whether and supportable in this state. By so doing the may not impede it. The court disagreed under what circumstances such a strike court aligned California with ten other with the contention that public em- could be properly enjoined. They also states whose legislatures had acted to ployees would wield excessive bar- stated their belief that it was unwise for change the rule by statute, gaining power if allowed to strike. Andit the court to venture an opinion on found unpersuasive the argument that potential constitutional challenges to The California case involved an l 1- day strike in 1976 by the Los Angeles since the terms of public employment future legislative action in this field. County Employees Association against are generally fixed by the Legislature Justice Grodin, in a separateconcurring County Sanitation District No. 2 of Los public employersarevirtuallypowerless opinion, criticized Justices Kaus and Angeles County. The trial court had to respond to strike pressure. Reynoso for taking a narrow view to the . reversal of the judgment, but he did state awarded the sanitation district a money Indicative of the court's strong feeling that he shared their "concern that we judgment. That judgment was reversed, on this issue is the fact that after should not attempt to prejudge the In a 50-page opinion by Justice reaching its decision on the basic issue, constitutionality of any particular legis- it went on to clothe the new rule in the lative response." Broussard, joined by Justices Mosk and Grodin, and in effect endorsed by Chief protective garb of a holding that in a free society such as ours "the right to strike, Justice Lucas, in a firm dissenting Justice Bird in her 32-page concurring opinion, wrote that in his view "public opinion, the court laid down this basic in the public sector as well as in the private sector, represents a basic civil employees in this state neither have the rule: liberty," a liberty which the court said right to strike, nor should they have that "(S)trikes by public employees are not should not be restricted unless the strike right." He was especially critical of the unlawfulatcommonlawunlessoruntilit "would substantially injure paramount "glowing picture" painted by the major- Is clearly demonstrated that such a interests of the larger community." ity as to the numerous beneficial effects strike creates a substantial and Imminent that would flow from allowing use of a threat to the health or safety of the Finally, as if i't were not enough to public strike weapon, noting that the public." changethecommonlawruleandendow majority was so enamored with "the it with the characteristics of a higher concept of the public strike that it Under the common law that has been right associated with a "basic civil elevates this heretofore illegal device to applicable in California since the adop- liberty," the court went on a judicial a 'basic civil liberty.'" tion of the basic codes in 1872, public frolic in the area of constitutional law. employee strikes were illegal absent The court indicated that while it was not The ball is now clearly in the Legisla- legislative authorization, now deciding the question, the Califor- ture's court. It can do nothing; it can Thecourt reviewed California statutes nia Constitution might limitthe scopeof reinstate the common law rule prohib- any legislative reaction directed to iting all strikes by public employees and and prior court decisions and came to making a major change in the rule as trust that it will pass constitutional the conclusionthattheCaliforniaLegis- announced by the court. Theconstitu- muster; or it can take some middle lature had maintained a "stony silence" ground or provide additional standards on this issue, ln its view the court as well tional provisions to which the court as the Legislature has the power to directed the Legislature's attention were or guidelines for determining whether reject the common law doctrine prohib- the guarantees of freedom of speech, and when a strike becomes illegal. iting public employee strikes "when press and assemblage. In the meantime, unless and until the reason or equity demand it," or "when Chief Justice Bird, while in obvious Legislature is stirred to appropriate the underlying principles are no longer agreement with everything said in the action, the courts and public employers, justifiable in light of modern society." majority opinion, chose to rest her including water agencies, will have to In reaching its decision the court decision on the ground that there wasa approach each strike situation on a concluded that the Meyers-Milias- constitutionally-protected right to strike case-by-case basis. During the continu- Brown Act, which allows collective under the California Constitution, a ance of any strike the public employer right that could not be limited or re- must be mindful to avail itself of any and bargaining by employees of local public stricted by the Legislature. The linchpin all reasonable options to prevent the agencies, did not address the question of whether or not the public employees of her constitutional bulwark against situation from deteriorating and giving covered by that Act could exercise the anylimitation on the right to strike, other rise to a substantial and imminent threat right to strike in furtherance of the than one involving "immediate and to the health or safety of the public. If, bargaining rights conferred by that Act. serious threats to the public health and notwithstanding the taking of all rea- safety," was the prohibition against sonable measures a situation which 4 constitutes such a threat does arise in The U.S. Department of the Interior search support in conjunction with state the course ofastrike, there is reason to and the State of California recently and private entities. believethatatthatpointthestrikecanbe began a multi-million dollar research The Research Planning Center would declared illegal and enjoined. In any program to study the sources and promote and support the water research such court action the trial court will be magnitude of the problem and torecom- activities already initiated within the required to make a finding regarding the mend possible solutions for both the various states and make recommenda- threat to public health and safety posed San Joaquin area and for irrigation- tionsforadditionalshort-andlong-term by the strike, and the scope of appellate related water quality problems in gan- water research needs. review in such a case will ordinarily be eral. limited to determining whether reason- The committee, made up of drainage The Clearinghouse would make cred- able grounds existed for thetrialcourt's ible information available not only to decision, and environmental experts from around the nation, will not conduct research water professionals, but to government officials, businesses, academic institu- directly, nor will it select the specific tions, the public media and interested solution for the San Joaquin drainage citizens as well. It could also support problems. The committee's study is educational programs from scholarly expected to extend through early 1988. symposia to public information publica- Members of the committee are: Chair- tions. It would encourage state and local man William H. Allaway, Cornell Uni- participation with combined financing varsity; Ernest E. Angino, University of to establish state information clearing- Kansas; Margriet F. Caswell, University houses which would deal with topics of Committee- 'ueglns of California, Santa Barbara; Edwin H. local importance. Clark II, The Conservation Foundation, ,, Three-Year Study Washington, D.C.; Wilford R. Gardner, "The independent foundation, University of Arizona; Rolf Hartung, DeConcini said, "would not duplicate U.S. Assistant Secretary of the lnterior University of Michigan; L. Do(Jglas federal agency or other research efforts, for Water and Science Robert Broadbent James, Utah State University; Robert R. but would engage national problems recently announced the establishment Meglen, University of Colorado; and issues not otherwise allocated by of a Committee on Irrigation-Induced Francois M.M. Morel, Massachusetts the federal agency mission-oriented Water Quality Problems as part of a Institute of Technology; Oscar E. Olson, research. It would be governed by a ~ South Dakota State University; Scott board of directors composed of 11 Overton, Oregon State University; members to be appointed by the Presi- Merilyn B. Reeves, League of Women dent, with the advice and consent of the Voters, Amity, Oregon; Kenneth D. Senate." Schmidt, groundwater quality consul- In urging his colleagues to take tent, Fresno; R. Rhodes Trussell, Mont- immediate action on the measure, gomery Consulting Engineers, Pasa- DeConcini said, "If we do not commit dena; Jan VanSchilfgaarde, director of ourselves to more knowledgeable plan- AgriculturaI Research Service, Mountain ning in the future, we condemn our- ~~ States Region, Fort Collins, Colorado; selves to the very costly and even more Dan Willard, Indiana University; and the disastrous mistakes of the past." °'' executive director of the committee is ~~,~ .,~, Stephen D. Parker, executive director of ~¢/~:'~i~ ~r~ Water Science and Technology Board, ~¢ i;?(~.;~.~~.' "~12~!~ ~;?~ ~;;~[¢~t~¢~~~,i~,~ !i~.~.~ *'"~'='"~ . .~"~"~"'~.,'-:~'~J"'"" ~'~~ ton,Nati°naID.c. Research, Council, Washing- AmendmentsStaff°rd IntroduceSTo Water Supply Act ';' DeConcini Initiates· Robert Broadbent A bill which would tighten the planning three-year research study to determine Water Lenislation and contracting procedures for munic- and assess the effects of irrigated ~ ~' ' -' ipal and industrial water supplied from agriculture on water quality. A bill to establish a Water Research federal projects under the 1958 statute, Foundation, which would promote water was recently introduced by U.S. Senator The committee, under the auspices of research and would disseminate infer- RobertT. Stafford, R-VT, totheCommit- the Water Science and Technology marion relating to water resources, was tee on Environment and Public Works. Board of the National Academy of recently introduced by U.S. Senator Sciences, met last week in Sacramento. Dennis DeConcini, D-Ariz., to the Com- The bill, S-968, would amend the Broadbent said the committee had been mittee on Governmental Affairs. Water Supply Act of 1958 to secure more formed as a result of the selenium timely repayment of federal investments problems that have developed at the The establishment of the Water Re- in multipurpose water resources devel- Kesterson Reservoir, but thatKesterson search Foundation, under the Water opment projects, to encourage more was just a part of the larger issue of non- Research Foundation Act of 1985, would prudent participation in such projects point pollution and water quality that also include a Water Research Planning by non-federal interests, and for other exists westwide. Center and a Water Information purposes. The purposes of the initial meeting Clearinghouse. "The purpose of this bill is to have was to familiarize committee members According to DeConcini, the le'gisla- local interests plan more seriously for with the background, central issues and tion would provide a structure capable water supply before the federal govern- government study plans for the problem of linking research efforts, planning for ment commits millions of dollars to of irrigation drainage in California's San long- and short-term research and reservoir construction," said Stafford. Joaquin Valley. information needs, and providing re- "With 25 years of experience with the 5 Water Supply Act, it is necessary to projects, as shown on this map, will give generating capacity of from 1,000 to correct some of its unintended con- water planners and policymakers a 4,000 megawatts, developed in 1,000 sequences and plug some of its loop- national perspective on our surface- megawatt stages, and would involve the holes, water resources." construction of a 218,000 acre-foot reservoir, underground powerplant, and "Recent reports by the General Ac- The USGS, the nation's largest water transmission lines. Lake Mead would be counting Office document the underuse data and science agency, undertook this used as the lower reservoir. of existing reservoirs built in part for project in 1981--the first project of its municipal and industrial water supply kind in over 15 years--in cooperation Funding for the study will be shared purposes," he added, with the U.S. Water Resources Council among the federal government and the and nine federal water agencies, in- private utility and power companies. The Water Supply Act of 1958 pro- cluding significant support from the Announcement of the study in 1984 vides the authority for the U.S. Army U.S. Bureau of Reclamation and the U.S. elicited expressions of interest from the Corps of Engineers and the U.S. Bureau Army Corps of Engineers. Hydrologists following California organizations: of Reclamation to make reservoir stor- compiled the map from published and age available for supplies of municipal unpublished data and information · City of Riverside and industrial water supply. This work is gathered from these agencies. One of · Imperial irrigation District undertaken on a fully reimbursable the principal sources of information was basis, the computerized national inventory of · San Diego Gas and Electric dams prepared by the Corps of Engi- Company neers. · Los Angeles Department of Water USGS Releases USGS hyOrologists said that based on and Power New Water Map number of intensive surveys, it is possible to estimate that an upper limit Wilson To Carry A newly released map showing major on reservoir capacity for the 48 center- water-development projects across the minous states is about 1,200 million War country was praised by U.S. Interior acre-feet, of which about mi,,ion er Pact Bill Secretary Don Hodel as an example of acre-feet, or about 38 percent, has the continuing intergovernmental co- already been developed. The potential IH operation needed to solve the nation's reservoir capacity remaining to be developed, about 750 million acre-feet, Senator Pete Wilson, R-Calif., intro- water-supply problems, is likely to be high in cost, because the duced legislation on May 22 to authorize "This map," said Hodel, "prepared by more cost-effective sites already have a pact between federal and state water the U.S. Geological Survey, shows the been developed, agencies that could free up to as much location, size and ownership of about as 1 million acre-feet of water to Califor- The one-sheet map, which measures nia consumers. 2,800 of the nation's major multipurpose and flood-control dams and virtually all about 38 inches by 62 inches, is printed in eight colors at a scale of 1:3,168,000 the reservoir storage and flood-control capacity of the United States. Moreover, (one inch on the map equals approxi- the map reflects a successful coopera- mately 50 miles on the ground). rive effort by numerous water agencies Copies of the map, titled "Surface- to produce some of the basic informa- Water and Related-Land Resources tion needed to develop sound solutions Development in the United States and to water problems. We intend to keep up Puerto Rico," compiled by Kerie J. Hitt, with that cooperative effort." are available for $4 per copy from the Other features illustrated on the map Eastern Distribution Branch, U.S. Geo- include: U.S. Bureau of Reclamation logical Survey, 1200 South Eads St., surface-water irrigation projects; Arlington, VA 22020, and from the watershed-protection projects of the Western Distribution Branch, U.S. Geo- U.S. Soil Conservation Service; hydro- logical Survey, Box 25286, Federal electric powerplants, both federal plants Center, Denver, CO 80225. Orders must and non-federal ones licensed by the include check or money order payable Federal Energy Regulatory Commis- to the Department of the Interior-USGS sion; U.S. Army Corps of Engineers and specify the map by name. navigation and flood-damage reduction The new map replaces the map called ,~.~ projects; and the federal system of wild "Water Resources Development," which and scenic rivers, was published in 1969. "For the first time in many years, the Pete Wilson major water projects of all water agen- B St dies cies of the federal government and ureau u "Now that an agreement between selected non-federal projects are in- m,,, __ ~'~, ~ ~ California and the federal government tegrated into one map, instead of being ,--nergy ~'rojec~ has bee, reached on the Coordinated shown on a single-agency or single- Operating Agreement, after seven years state basis," said Philip Cohen, chief The U.S. Bureau of Reclamation and of negotiations, Senator Wilson is hydrologist for the U.S. Geological several private entities and utility com- prepared to get Congress' blessing," Survey(USGS~ in Reston, Virginia. panies in Arizona, California, New Wilson spokesman Otto Bos said. Mexico and Nevada are studyin~ the "The distribution of water-development feasibility of constructing the Spring The agreement is expected to be activities on a nationwide basis," Cohen Canyon Pumped Storage Project. incorporated into a Draft Environmental said, "particularly the dams, reservoirs Impact Statement now under prepara- and areas irrigated by federal water The project would provide a design tion.and slated for completion by late 6 this summer, class materials, luncheon and coffee this site will provide environmentally Wilson's bill would authorize the breaks. The fee does not include lodging safe disposal of drainage water, with federal government's participation in or other meals. . none of the problems associated with Kesterson Reservoir." the water pact. Specifically, it would: For further information, contact Jack · Authorize the U.S. Secretary of the Harris, director of education, California The primary criteria used to select the Special Districts Association, 21 Rincon site were depth to dense (essentially Interior to operate the Centrai Valley Vista, Santa Barbara 93103; (805) 966- impermeable) clay, thickness of the Project(CVP) for the additional purpose 5147. ' continuous clay layer, the total thick- of meeting Delta water quality stan- ness of clay layers and the absence of dards. The CVP has been statutorily any usable shallow groundwater. Geo- limited to operating only for floodWalnut Valley Holds graphica,site considerations included control, hydroelectrical power, irriga- proximity to the 42,000-acre drainage tion and municipal and industrial waterGroundbreaking Feteservice area and the San Luis Drain. supply purposes. However, to minimize wildfowl attrac- · Authorize the Interior Secretary to Groundbreaking ceremonies held last tion, the site also needed to be at least more efficiently coordinate the opera- month began the final stage of a water two miles from the nearest portion of the tion of the CVP with the California State reclamation project that will deliver up Mendota Wildlife Management Area. Water Project that will result in having to 2,000 acre-feet per year of irrigation up to a million acre-feet of new water to water to several communities in South- Soil studies of the area show the depth market, ern California's San Gabriel Valley. to the first dense clay layer is 10 feet or less, with at least 20 feet of clay thick- "Theratificationofthisagreementwill The Walnut Valley Water District ness. Permeability tests show water be one of the most significant actions on developed the project, and a state grant movement through the clays would be at Western water policy of the1980s,"Bos will finance a major part of its $8.6 arateofonefootinl00yearsorless, and said. "Its existence will insure both a million cost. Brown and Caldwell, tests of the shallow groundwater show quality water supply in the Delta and Pasadena consulting engineers, pro- extremely high salt content of total additional water for a growing Cali- videdengineering, financialplanning, dissolved solids between 15,000 and fornia." design and construction management 25,000 parts per million, which is un- services. The Pomona Water Reclama; usable for any purpose, Upton added. ~ . .~ tion Plant will furnish the reclaimed ~.~E~/~.~ ~ water, and the Walnut Valley Water The first phase of the disposal plan , ~ District will manage its distribution and will be to blend drain water with some ~!'~~~ '---~" ~ ~/I '' r, , ~ sale. fresh water for irrigation of sa,t-tolerant - . perennial forage grasses. The facilities ~t;~'' j[~r~ The project has involved years of will consist of some 3,000 acres of ~-- · planning, interpreting regulations and irrigated cropland and about 500 acres ~-~,..~=,_~r~ -~ facing the technical and institutional of regulating reservoirs. complexities of developing a major Seminar To Focus water reclamation system. Three water Evaporation ponds are proposed as agencies, four cities, a number of the second phase of the project. An On Finance Topics sma,er communities and over 12 gov- Environmental Impact Report is being ernment agencies, including the State prepared for this phase, and is sched- Registration is open for the California Water Resources Control Board, have died for completion on Sept. 1, 1985. Special Districts Association's Special been involved in the project. The initial environmental study on the District Finance Seminar, which will be interim project is being prepared for held June 17 and 18 at Rancho Mirage. public distribution to all interested The seminar will be divided into two Westlands Selects partieson June 10, 1985. Thealternative one-day sessions as follows: disposal method must be fully on-line by ",peclalDlstrictDebt, Revenue, Cost Alternative Site June20, 1986. and Investment Management Tech- nlques," will begin at 9 a.m. onJune17. For Drain Water Libraries Offer It will be devoted to exploring ali the possible avenues open to districts for Westlands Water District recently borrowing, increasing revenue, control- announced the selection of a site within Free Publications ling costsandforinvestingdistrictfunds the district for disposal of subsurface and handling cash. agricultural drainage water currently The Federal Depository Library Pro- "Special District Budget and Financial flowing to Kesterson Reservoir. gram, one of the nation's most compre- hensive information networks, provides Management Using Small Computers," Soil and shallow groundwater investi- free access to government information. will begin at 9 a.m. on June 18. It will gations by the district and its engi- address how small computers and neeringconsultant, CH=MHilllnc.,have More than 1,390 public, academic, available software programs can aid in located a 3,500-acre area on the west state and law libraries participate in the budgeting, financial analysis and cost sideof Fresno County for the alternative program, according to Ralph E. control. The day will include an oppor- disposal program. Plans are to include Kennickell Jr. of the Office of the Public tunity to see and usaa variety of small an irrigation recycling program and Printer. "Publications on subjects range computers and software programs-- construction of evaporation ponds, from aerospace to zoology and are and you don't need to be a computer "We have located an excellent, area available for free use," he said. expert, that meets all the criteria for safe Further information and free promo- The enrollment fee is $345 for the two- disposal of agricultural drainage water," tional materials may be ordered from the day program or either one-day program said Don Upton, Westlands' public U.S. Government Printing Office, Mar- for $185. The fee includes tuition, information officer. "We are confident keti[~g Dept., Stop: MK, Washington, handbook of Special District Finance, all that. along with proper management, D.C. 20402, attn: Marketing Librarian. ? Summary of Legislation , Enacted By The California Legislature In 1984 Prepared By The Association of California Water Agencies 910 K Street, Suite 250 Sacramento, California 95814 (916) 441-4545 Additional copies of this summary may be obtained at the above address. 12-84 Table of Contents Introduction ......................................... v Summary of Legislation .............................. 1 Civil Code ........................................ Elections Code .................................... Fish and Game Code ............................... 2 Government Code .................................. 2 Health and Safety Code ............................ 16 Labor Code ' 17 Public Contract Code .............................. 19 Public Resources Code ............................. 20 Public Utilities Code ............................... 22 Revenue and Taxation Code ......................... 23 Streets and Highways Code ......................... 25 Vehicle Code ..................................... 27 Water Code ...................................... 27 Uncodified Acts ................................... 34 Resolutions ...................................... 39 Index ............................................. 41 Bill Order Form .................................... 45 iii Introduction This summary includes all state legislation passed in 1984 on which the Association of California Water Agencies has taken a position. Both bill number and chapter number of each act are given, and for members or representatives of members wishing copies of the legislation, an order sheet is enclosed after the index at the back of the summary. , Bills listed become law on January 1, 1985, unless they were "urgency" bills. Urgency bills became effective when signed by the Governor. State tax measures, budget, appropriations, or statutes calling elections are law immediately upon their enactment. The date is noted on legislation that became effective at a date other than January 1, 1985. Legislation is reported by code; i.e., Government Code, Water Code, etc. A general index is included to assist in finding anY bill by its subject matter. Comments for improvements or changes to make the summary more useful are invited. Note that orders for copies of bills may be submitted to ACWA. If, however .... orders are sent to the Legislative Bill Room, State Capitol, Sacramento, CA 95814, be sure to order by chapter number in numerical sequence, indicating ': desire for one or two copies of each. For more than two copies of any one bill, the Bill Room makes a charge. .: V . :~' · ,',.'~ .'~:.. ~., . :~,.' . . INDEX Page Page A American River Parkway Plan; Disclosure of Public Records; AB 1522 ..................... 20 SB 2222 ...................... 9 District Consolidation, Merger B and Reorganization; AB 3496 . 14 Building Ordinances: Waste Water Facilities; AB 2778 ..... 10 E Economic Development; C AB 40 :; ..................... 11 Cable Television: State and Environmental Impact Report: Local Regulation; AJR 60 ..... 39 Consultations; AB 2411 ....... 20 California Water Districts; Environmental Impact Reports AB 2688 ..................... 34 and Negative Declarations; California Water Districts; AB 2897 ..................... 20 AB 2787 ..................... 28 Environmental Quality; AB 3949. 21 Campaign Statements; Environmental Quality; SB 682 .. 22 AB 3293 ...................... 1 Environmental Quality; SB 1079. 21 Cities, Counties and Special Environmental Quality: Notice Districts; AB 1848 ............. 8 Documents; AB 2527 ......... 20 Cities: Special Districts; Environmental Quality: Pipeline AB 3385 ..................... 15 Projects; AB 1172 ............ 21 Cities: Subsidiary Districts; AB 3382 ..................... 15 F Cities: Subsidiary Districts; Fish and Wildlife Habitat~ AB 3384 ............... Community Facilities Districts; Flood Protection: San Luis Rey SB 271 ....................... 4 River; SB 1421 ............... 27 Community Service and County G Waterworks Districts; General Plans: Court Actions; AB 3036 ..................... 30 AB 2038 ..................... 12 Conduct of Elections; AB 2969,.. 2 Geothermal Revenues: Loans; County Flood Control; SB 1310. 34 SB 2102 ..................... 21 County Water Authorities; Groundwater Charge; AB 3239 .. 29 AB 2619 ..................... 38 County Waterworks District Fees; H AB 2446 ...................... 7 Hazardous Substances: Credit Unions; AB 628 ........... 7 Underground Storage; Crestline-Lake Arrowhead Water AB 3565 ..................... 16 Agency: Standby Charges; Hazardous Substances Releases: AB 3080 ..................... 34 Cleanup Cost Reimbursement; SB 1672 17 Development Agreements; I AB 2523 ...................... 7 Improvement Acts; SB 2055 ..... 26 Page Page Incorporation of Cities; Municipal Utility Districts: SB 1318 ...................... 3 Change of Name; SB 1301 .... 23 Information Practices Act; Municipal Utility Districts: AB 1512 ...................... I Competitive Bid Contracts; AB 2751 ...................... 22 K Municipally Owned Utilities; Kings River Conservation District;. SB 1625 ..................... 23 AB 2401 ..................... 35 N L New Melones Reservoir: Local Agencies; .AB 3417 ....... 13 Recreation Facilities; Local Agencies: Flood Control SJR 39 ...................... 39 Projects; AB 2424 ............ 32 New River Pollution; A JR 102 ... 39 Local Agency Bonds; New River Pollution; SJR 38 .... 40 AB 1676 ..................... 11 North Matin County Water Local Agency Formation District; AB 1439 ............. 27 Commissions; AB 1239 ........ 2 Local Agency Formation O Commissions; AB 3823 ........ 9 Owens Dry Lake; AB 3762 ...... 38 Local Agency Formation Commissions: Subdivisions; P SB 2157 ....................... 15 PERS Death and Survivor 'i Local Agency Funds; SB 2096 ... 9 Benefits; SB 1864 ............. 4 Local Agency Investments; Placer County Flood Control and SB 2095 ...................... 9 Water Conservation; Local Government: Property SB 1312 ..................... 36 Taxes; AB 2692 .............. 12 Political Reform Act; AB 2541 .... 6 Local Government: Special Political Reform Act; SB 1438 .... 3 Meetings; SB 1152 ............ 8 Political Reform Act: Campaign Local Legislative Bodies: Contributions; AB 2992 ....... 13 : Meetings; SB 2216 ........... 15 Political Reform Act: Disclosure; Local Planning Agencies; AB 2525 ...................... 10 SB 1317 ..................... 10 Pollution of Wells: Tijuana River Lompico County Water District; Sewage; AB 3544 ............. 31 SB 2037 ..................... 30 Presumptions; SB 1120 ......... 16 Los Angeles County Transpor- Property Tax Limitation; ration Commission Bonds; ACA 55 ...................... 40 :' SB 1333 ..................... 14 Property Tax Revenues: Los Banos Grandes Reservoir; Redevelopment; AB 838 ...... 17 AB 3792 ..................... 33 Property Taxation: Change in Ownership; AB 2922 .......... 25 M Public Contract Bids; Mojave Water Agency; SB 1599 . 35 AB 3953 19 ';: Mono Lake Water Levels Study; Public Contracts; AB 1837 ...... 19 AB .1614 ..................... 35 Public Contracts; AB 2556 ...... 20 Municipal Utility Districts: Bonds; Public Contracts; AB 2768 ...... 19 SB 1473 ..................... 23 Public Contracts; AB 3800 ...... 19 42 Page Page Public Employees' Retirement Sutter County Flood Control and System: Benefits; AB 3464 .... 14 Water Conservation; Public Finance; AB 1849 ........ 25 SB 1311 ' 36 Public Finance; AB 2468 ........ 23 Public Finance; SB 794 .......... 3 T Public Finance; SB 1300 ........ 24 Tulare Lake Flood Waters; Public Liability; AB 3114 ......... 8 ACR 126 ..................... 39 Public Moneys; ACA 21 ......... 39 U Public Moneys: Accounting; Underground Storage Tanks; AB 1073 ..................... 14 AB 3781 ..................... 17 Public Officers: Conflicts of Uniform District Election Law; Interest; AB 2252 .............. 8 AB 3380 ...................... 1 Public Retirement Systems: Investments; AB 3508 ......... 13 V Public Retirement Systems: Validations; SB 1321 ............ 36 Service Credit--Layoff Periods; Validations; SB 1322 ............ 36 AB 3091 ..................... 14 Validations; SB 1323 ............ 36 Public Utility Districts; AB 3471 . 22 Vehicle Size, Weight and Load: Exceptions: Local Government; R SB 1334 ..................... 27 Recall Elections; AB 1455 ........ 1 Recall Elections; AB 3294 ........ 1 W Reclamation Districts; AB 484... 29 Water: Special Districts; Refunding Bonds; AB 2977 ..... 25 SB 1445 ..................... 36 Regional Water 'Quality Control Water: Special Districts; Boards; AB 2333 ............. 31 SB 1647 ..................... 36 Registration Expenses; SB 1480. 25 Water Conservation: Imperial Relocation Assistance; AB 1051 .. 6 Valley; AB 2542 .............. 27 Water District Directors: S Compensation; SB 1370 ...... 28 Safe Drinking Water Bonds; Water District Elections; AB 2183 ..................... 29 AB 2182 ..................... 28 :' San Diego District Election; Water District Taxes: SB 1602 ...................... 2 Mobilehomes; AB 1458 ....... 30 San Joaquin River Channel; Water Pollution: State Bonds; AB 3397 ..................... 31 AB 1732 ........ ; ............ 29 Santa Ana River: Flood Control; Water Quality Enforcement; S JR 47 ...................... 40 SB 2131 ..................... 32 -i Santa Clara Valley Water District; Water Quality: Pretreatment AB 3095 ..................... 38 Program; AB 3667 ............ 34 Special Districts; AB 2875 ....... 6 Water Resources: Flood Control: Spheres of Influence; SB 1319 .. 11 Urban Creeks; AB 3789 ....... 32 State-mandated Local Costs; Water Rights; AB 178 ........... 33 SB 2337 ..................... 24 Water Rights: Statutory '. Su?plus State Property; Adjudications; AB 3535 ....... 33 · SB 2158 ..................... 15 Page Watermaster Service Areas; AB 3137 ..................... 31 Windpowered Electrical Generation; AB 2474 ......... 10 Workers' Compensation; SB 1537 ..................... 35 Workers' Compensation: Notice; SB 1510 ..................... 18 Workers' Compensation: Penalties; SB 1653 ........... 17 Workers' Compensation: Insurance: Self-Insurance; AB 3648 ..................... 18 BILL ORDER FORM Association of California Water Agencies 910 K Street, Suite 250 Sacramento, California 95814 ATTN: Debi Higgins CHAPTERS 2 269 688 998 1302 Resolution 6 271 689 1009 1303 Chapters 7 275 690 1023 1325 63 10 306 691 1038 1357 87 13 310 692 1059 1378 106 42 314 696 1066 1392 125 45 333 718 1071 1438 133 62 377 741 1074 1459 142 80 378 758 1097 1461 170 87 394 782 1110 1462 188 91 429 802 1112 1521 104 447 806 1126 1530 107 448 811 1128 1535 113 455 822 1130 1541 133 465 829 1141 1542 143 468 866 1165 1552 146 496 872 1167 1584 150 509 875 1203 1646 159 543 884 1213 1650 161 561 885 1219 1654 167 571 929 1224 1655 179 586 931 1226 1656 186 637 956 1266 1681 -.: 198 659 976 1268 1738 224 670 984 1293 257 686 993 1298 Please send the above circled chapters to: :.. Add ress: ~r , FOR INFORMATION ONLY . ,,.>, ,,.,<< , CITY OF BAKERSFIELD Colli111Ullily ~vices Dep~tmenl The Metropolitan Water District of 5outhern California July 10, 1985 Mr. Stuart T. Pyle Engineer-Manager Kern County Water Agency _ Bakersfield, California 93302 STP ~ ETD [] Mr. Jerry Cappello, Chairman oE~ .3 MED[] Kern County Public Agencies ~F~ ,z [] Optimization Steering Committee c/o Kern County Water Agency P.O. Box 58 Bakersfield, California 93302 Gentlemen: Kern County Basin Groundwater Storage Earlier this year, meetings took pi-ace on March 20 and April ll between representatives of various 'Ke[n County water agencies and MetropoliTan. The meetings were held to discuss the merits of MetropoliTan participaRing with Kern County agencies in a conjunctive-use groundwater storage program in Kern County. Discussions were generally positive and supportive of the proposal. Based oa the outcome of our discussions, it was agreed that the Kern County Optimization Committee would take [he lead ~ole with respect [o initial consideration of this issue and Metropolitan would engage Bookman-Edmons[on Engineering, Inc. to conduc~ a reconnaissance-level appraisal of developing a conjunctive-use groundwater storage program the Kern County Basin. Bookman-Edmonston has completed this work and I have at[ached a copy of [he summary of findings for review and analysis by all interested Kern County entities. The study found that a storage program within the James-Pioneer Improvement District would be physically feasible and beneficial to both Kern County and Metropolitan by supplementing State Water Project supplies during dry years. Other benefits would also accrue [o Kern County, such as: reduced pumping costs, increased potential for sTo~age and recovery of Kern River water and Central Valley Project wate[, The Metropolitan WaterDistrictofSouthernCali[ornia Mr. Stuart T. Pyle Mr. Jerry Cappello -2- July 10, 1985 and expansion of the benefits of access to the Kern County groundwater basin to local areas which do not now have that access. The summary of findings shows that there may be ways to exchange both SWP and CVP water with some Kern County agencies and to jointly use some existing conveyance and extraction facilities. Even though the above findings are favorable, the costs of the program presented in the appraisal study are considerably higher than I expected and it will be necessary to find ways to reduce costs. After all the concerned agencies have completed their review of the summary of findings, we need to meet again to decide on a program or programs that would be beneficial to both Kern County and Metropolitan at costs lower than that shown in the enclosed report. If such a plan can be formulated, we would then proceed with the detailed engineering, legal, and institutional studies needed for implementation of a program. I look forward to further discussions with you and interested Kern County entities. Very truly yours, - ~ ~,1 .q~-' Myron g. HoLburt Assistant Gene~a[ Manage~ BJ T: kw Enclosure ]~OOKM_KN- }:~DI~IONSTO]x' I~NGINEERING, 1NC. 5PEGI.h, LISTS IN %'ATE~ ~ESOU~CES IO~ ~O~T~ BR~D BLVD., SUITE 6OO OFFICES GLEND~E. ~u~y 5~ ~985 Mr. Myron Holburt Assistant General Manager The Metropolitan Water District of Southern California Post Office Box 54153 Los Angeles, California 90054 Dear Myron: Enclosed is a summary of principal findings and conclusions resulting from our reconnaissance investigation of a possible program of ground water recharge and recovery in the James- Pioneer area of Kern County for The Metropolitan Water District. As you know, we are in the process of completing a similar analysis in the White Wolf area on behalf of the Tejon Ranch Company. Basic data and analyses in support of this summary document have been provided to your staff. We have appreciated the opportunity of performing this investigation for you, and I trust that this brief document will provide a basis for further discussions between you and Kern County interests relative to the options presented. Sincerely, R. M. Edmonston Enclosure B()OKK~AN -- F~D~(1N~T()\ F~NGINEERING. SUMMARY OF PRINCIPAL FINDINGS AND CONCLUSIONS OF RECONNAISSANCE INVESTIGATION OF A PROGRAM OF GROUND WATER RECHARGE AND RECOVERY IN KERN COUNTY FOR THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA The purpose of the subject investigation is to determine whether a program of ground water recharge and recovery utili.zing State Project water available to The Metropolitan Water District would exhibit sufficient merit for both' Metropolitan and Kern County interests to justify further and more detailed consideration leading to implementation of the progrim. Presented herein is a summary of principal findings and conclusions of this reconnaissance investigation: i. On the basis of investigational, work conducted in Kern County by Bookman-Edmonston over the past 25 years, it is concluded that two areas offer a potential for large-scale 9round water recharge and recovery for the benefit of ~etropolitan. These are the James-Pioneer area along the Kern River southwesterly of the City of Bakersfield and the White Wolf area in the extreme southeast corner of the San Joaquin Valley. 2. There are other areas with a potential for increasing the dry-year Metropolitan water supply which could be utilized for in-lieu and banking-exchange programs. These are identified and discussed in qualitative terms herein. 3. The White Wolf area is being investigated by Bookman- Edmonston, under contract between the firm and the Tejon Ranch Company, as a possibility for the banking of water by Metropolitan. The reconnaissance investigation summarized herein was therefore largely limited to the James-Pioneer ~re~. -1- 4. The James-Pioneer area consists of about 50,000 acres for the most part pwned by Tenneco West Inc. The name refers to the James and Pioneer canals which for many years have delivered water for irrigation from the Kern River. The area is situated on the Kern River alluvial fan, a highly absorptive accumulation of coarse-grained deposits that comprise an unconfined aquifer. This aquifer system is part of the main San Ooaquin ground water basin. About 30,000 acres are presently irrigated from ground water of which 27,000 acres also receive Kern River water from time to time. The 27,000 acres, which are owned by Tenneco, comprise the James-Pioneer Improvement District of North Kern Water Storage District.' 5. A program of ground water recharge and recovery in the James-Pioneer area, utilizing SWP entitlement water and ~unscheduled surplus water available to Metropolitan in the Delta, is found to be physically feasible. 6. There are about 800,000 acre-feet of storace capacity between 75 and 175 feet below ground surface in the approximate 50,000-acre James-Pioneer area; 175 feet approximates the average historic maximum depth no 9round water. The present depth to ground water in the area averages about 125 feet and there are now about acre-feet of water in storage above the 175-foot level, it should be recognized that additional storage capacity exists above the 75-foot depth which could be utilized. However for purposes of the analysis, it was conservatively assumed that this 'increment of 'capacity would not be available. 7. There is substantially more storage capacity than 800,000 acre-feet in the James-Pioneer and surrounding areas which could be utilized without exceeding historic depths to ground water. Studies performed in connection with this investigation analyzed increments of capacity up to 1,200,000 acre-feet. For purposes of economic analysis of a large-scale recharge and recovery program in the area, a capacity of 800,000 acre-feet was utilized. 8. Analyses of water supply available for recharge assumed the installation o~ the additional Delta pumps in the Cali- fornia Aqueduct, now scheduled for completion in 1989. Studies were made of water availability for conditions of Metropolitan demand projected by Metropolitan for the years 1990 and 2000, with the analyses being based on the repetition of water supply conditions occuring during the 57-year period 1922 through 1978. For these analyses a through-Delta facility was not postulated. An additional study was made assuming the existence of a through-Delta facility for the year 2000 Condition. 9. A conveyance facility with a capacity of 40,000 acre-feet per month from the California Aqueduct to the recharge area would effectively utilize the supply available from the Delta. 10. A workable program, without construction of a new convey- ance' facility, could be developed by using the existing Cross Valley Canal. As operated historically, the Cross Valley Canal would be capable of delivering up to 32,000 acre-feet per month of Metropolitan water at appropriate times, for the most part from fall to spring. 11. With a maximum delivery of 40,000 acre-feet per month, it is estimated that about 3,500 acres of land would be re- quired for recharge purposes (based upon an assumed infiltration rate of 0.5 feet per day plus an additional area of about 800 acres to permit cyclical drying of the spreading basins). 12. Assuming the existence of 800,000 acre-feet of stored water at the beginning of the 1929-1934 "critical" period, 30,000 acre-feet per month of recovery capability would be re- quired to utilize the stored water. This would necessitate construction of 91 wells based on an estimated production capability of about 2500 gpm per well. Although it may be possible to utilize some existing wells in the area, for purposes of cost analyses all new wells were assumed to be required. It would be possible to extract in excess of 700,000 acre-feet in a two-year period as might be desired with repetition of 1976 and 1977 water supply conditions. 13. In order to minimize mutual interference during times when all 91 wells would be operative, a spacing of 1,320 feet was assumed between the wells. For this spacing, the 3500 acres would be sufficient area to encompass the well sites. 14. Based on the experience of Bookman-Edmonston in the design and construction of well fields in Kern County, a spacing between wells of 1,320 feet may be considered as optimal with. respect to collection facilities from the wells, power distribution and mutual interference. 15. The spacing of the recovery wells and the amount of land acquired to accommodate construction of these wells would have a bearing on the extent and depth of the areal cone of depression created in order to achieve the required ground water recovery. A well spacing greater than the cited "optimal" 1320 feet, which would require drillin~ of wells beyond the 3500-acre recharge area, would reduce the localized cone Of pumping depression. 16. Ground water levels underlying the James-Pioneer area, by virtue of its proximity to the Kern River, currently and historically have been higher than those to the north and south. Thus there is subsurface movement in these direc- tions from this "mound." With the implementation of the program as described herein, ground water levels would be raised to elevations above those that would exi£t without the program, and the rate of'ground water movemen~ would be increased. 17. DurinG the "wet" years when ground water storage would be accumulated, this apparent loss of recharged water to the north and south would be offset by unavoidable natural replenishment from Kern River as has occurred in the past. 18. During a period of ground water extraction for delivery to Metropolitan, ~such as 1929-34, ground water levels would be lowered and the movement of ground wa%er to the north and south would be reduced. During such a "dry" period, however, little geplenishment to the area would be received from percolation of Kern River water. Subject to confirma- tion by further analyses, it would appear that Metropolitan could recover all of its water previously recharged to the underground during such a "dry" period but total recovery may require a drawdown within the James-Pioneer area below the 175-f0ot level for a period of time. 19. It is to be recognized that the City of Bakersfield, with other participants, including the Kern County Water Agency, now operates a ground water recharge and recovery project utilizing the Kern River channel within the James-Pioneer area. This project recharge area when fully developed will encompass about 2800 acres. 20. The development of a ground water model, which was beyond the scope of this investigation, would quantitatively demonstrate the effects of the recharge and recovery activities and assist in delineating the area of influence of the program as well as the impacts in this area. Similarly, final d%termination of well spacing and the amount of land required therefor, would be based on such a model. 21. The Cross Valley Canal, a concrete-lined facility, extends approximately 16 miles from a turnout on the California Aqueduct near Tupman easterly to the City of Bakersfield. The initial 10 miles are generally within the James-Pioneer area. The section of canal through the James-Pioneer area has a design capacity of about 700 cfs. There are three pumping plants in this reach with a total head of about 60 feet. If this canal were utilized by Metropolitan, turnouts would be constructed downstream from pumping plants 2 and 3 to deliver water to the recharge area which would be located south of the canal in the northeast portion of James-Pioneer area. Slopes in these reaches of the Cross Valley Canal are flat enough to permit reverse fl0w at a rate of 500 cfs. A pumping plant would be required with a capacity of 500 cfs to return the recovered ground water to the California Aqueduct. Recovery wells would be located in the recharge area and within the right of way along both sides of the canal. The extracted ground water would be conveyed to the canal in pipeline systems. 22. A new conveyance facility (see 9.) would also extend from the California Aqueduct near Tupman parallel and about 1/2 mile south of the Cross Valley Canal. This new canal would also be lined and would have a length of about 10 miles. Three pumping plants Would be required with a total lift of about 60 feet. The canal would have a capacity of 670 cfs to pumping plant 3 and a capacity of 335 cfs from pumping plant 3 to its terminus. Each reach of [he canal would have a relatively flat slope and water would flow both ways therein. A pumping plant having a capacity of about 500 cfs would be required to deliver recovered ground water into the aqueduct. The recharge area would lie along either side of the canal. The recovery wells would be sited within the recharge area and the extracted ground- water would be conveyed to the canal through pipeline systems. 23. Based on construction of a new canal facility and purchase of 3500 acres of land for recharge at an assumed cost of $2500 per acre, the capital cost of the program would b~ as follows: Values in Thousands Canal and Appurtenances 12,753 Spreading Facilities 28,410 Recovery Facilities 16,173 Total 57,336 Rounded To $ 57,500 24. Annual costs, from point of delivery of the water into the conveyance canal from the California Aqueduct and its return to the Aqueduct, would be as estimated follow'in~: Fixed Costs Values in Millions Debt Service 5.7 (9% ~or 30 years) O&M&R .7 Stand by Charge-Pumps .2 Total Fixed Charges $6.6 Variable Costs (a) (b) Energy for ground water pumping - $25.00/AF (a) Energy for conveyance to recharge area - $7.30/AF (a) Energy for conveyance from recharge area - $1.85/AF (a) Assumes P G & E agricultural power rates '(b) Representative value for 57-year period 25. A cost analysis assuming use of the Cross-Valley Canal has not been made since terms of its use would be subject to negotiation with the owners of this facility. 26. The availability of water for recharge would substantially diminish because of increasing Metropolitan demand between years 1990 and 2000 if a through-Delta facility were not constructed. 27. The greatest utility of the program would be to provide water for a drought prior to construction of a throughDelta facility. 28. If ground water storage could be filled within the next few years, as would be possible with a series o~ "we~" years, then a supply of 133,000 acre feet per year could be recovered with recurrence of the six-year drought period, 1929-1934. 29. Subsequent to the total utilization of storage as in and with postulated year 2000 water supply availability, the project would have a continuing yield of 32,000 acre-feet per year, assuming construction of the additional Delta pumps but no through-Delta facility. 30. Assuming a thirty-year economic life of the project wherein ground water storage were filled during an initial three- years following construction, 800,000 acre-feet were extracted during an ensuing six-year period as 1929-34, and 32,000 acre-feet per year extracted during the remaining 21 years, a total supply of 1,470,000 acre-feet of water from this source would have been made available to Metropolitan. The total cost of the project over the' 30-year period including initial capital, and interest thereon, operation, maintenance and replacement and including energy, would be about $245 million for a unit cost of $167 per acre-foot. 31. If Metropolitan did not have access to the 400,000 acre-feet of water now in storage and were limited to the use of the present 400,000 acre-feet of dewate~ed stor6ge capacity then the total amount of water extracted during the periods postulated in (30) would be about 1.0 million acre-feet and the unit cost would be about $210 per acre-foot. These costs assume the construction of the same facilities as in (30) which might not be the case. 32. Quality of ground water in the James-Pioneer area now averages about 300 mg/1 of dissolved solids and would be expected to remain at about this level under the recharge and recovery program outlined herein. The SWP supplies available for recharge would range from 275~ to 350 ~g/1 dissolued solids. 33. Kern County interests could participate in the program to a limited extent with water supplies presently available such as Kern River flood waters, excess CVP supplies contrac- tually available to Arvin-Edison Water Storage District and Kern County Water Agency's share of unscheduled surplus water in the Delta. These supplies are limited in quantity and occur infrequently. Kern County Water Agency is seek- ing a supply of CVP water in the Delta and, with acquisi- tion of a supply from this source, Kern County interests could become substantial participants in the program. 34. If Kern County Water Agency were to acqui VP supply in the Delta for uge in the recharge program it would appear that Metropolitan would be required to build a new con- veyance facility to deliver its water fr~m the California Aqueduct to the recharge area. 35. Benefits of the program to Kern County, without the degree of participation therein as would be !possible with acquisition of a CVP supply in the Delta, ~ould be: a. Existence of higher ground wate~ levels in areas adjacent to the recharge area. b. The potential for storage of surplus waters from existing sources and recovery and delivery thereof through the Cross Valley Canal and California Aqueduct during the summer months of critically dry years. During such years, Metropolitan might adjust its ground water recovery schedule so that the recovery wells could be used by local agricultural interests during the summer months of peak demand. Districts which could benefit by such a program would include Arvin'Edison WSD, Kern-Tulare WD, North Kern WSD, Cawelo WD and Wheeler Ridge-Maricopa c. Through local exchange and banking agreements and utilization of the wells, benefits could be realized by Berrenda Mesa WD, Betridge WSD and Lost Hills WD, which do not have access to ground water. Olcese W.D. and Buena Vista WSD also might benefit from such arrangements. 36. The acquisition'of an additional water supply in the Delta from CVP and utilization thereof in the pro, ram by Kern County interests presumably would involve the use of the Cross Valley Canal and/or capacity of an enlarged separate delivery facility which would be constructed by Metro- politan, enlargement of the recharge facilities and construction of additional wells and acquisition of more land. 37. In addition to the outlined program of direct recharge and recovery, the potential of in-lieu delivery does exist with several public water districts. These include the Button- willow and Pond Poso Improvement Districts of Semitropic WSD, Rosedale-Rio Bravo WSD, and Kern Delta WD (all of which receive State water). As much as 60,000 acre-feet of water or more per year could be made available to Metro- politan by such programs with repetition of the 1929-34 period.. To implement the programs, certain of the Dis- tricts would require construction of additional distribu- tion facilities and/or wells. 38. With respect to Arvin-Edison (a Federal Contractor re- ceiving CVP exchange water through the California Aque- duct), Improvement District No. 4 Of KCWA and Cawelo WD which receive State water, Metropolitan water recharged to the James-Pioneer area could be recovered and delivered to these entities through the Cross Valley Canal in "dry" years in exchange for their supplies in the California Aqueduct. Such arrangements with these entities could provide Metropolitan with more than 100,000 acre-feet of water per year during the six-year period 1929-34. 39. Arrangements outlined in items 37 and 38 could be accomplished with existing conveyance facilities, namely the Semitropic Canal and Cross Valley Canal. As outlfned in the so-called "Optimization Report" dated January 1983, the construction of an additional "west-east" major con- veyance facility from the California Aqueduct, as the Flat Rocks Canal, and in certain instances, the installation of additional surface distribution facilities to serve lands now irrigated from ground water, would increase substan- tially the potential for these in-lieu and banking-exchange programs. Detailed evaluation of such possibilities was beyond the scope of this investigation. July 5, 1985 i~ ~ FOURTH SUPERVISORIAL DISTRICT TRICE HARVEY Kern County Civic Center Supervisor 1415 Truxtun Avenue Bakersfield, California 93301 Karl Hettinger Telephone (805) 861-3213 Administrative Assistant Carolyn SchWeer Taft Office Field Representative Southwest Regional Office Building 315 Lincoln St. Frank Najar ]~ C ~ ~ V ~ ~'~,O. Box RR L~-~T~t, ~llfornla 93268 Field Representative L[.~) 765-4121 'JUN 2 1985 .~ CITY OF BAKERSFIELD June 1_8, 19 8 5 DEPARTMENT OF WATER R'-.CSOLI,"'~.E.5 JUU 2 0 George A. Caravalho, City Manager ~i, MAN .A,~R'$OFFIC'E. City of Bakersfield 1501 Truxtun AvenUe Bakersfield, CA 93301 "' Dear~ YOU have recently received information from the Southern California Water Committee, Inc. about the pressing need for public education on the water requirements of our region and the vital program of the Committee to meet this need. As a member of the Board of Trustees of the Southern California Water Committee, Inc., I would encourage you to give serious consideration to joining the Committee and to becoming involved in their efforts. We have been lulled to complacency over the water issue because of a series of wet years and slower than predicted growth. But, our long-range prospects for dependable water supplies in a dry year continue to be bleak. In five or ten years, if your citizens approach you in the middle of a drought and want to know why you had not acted sooner, what will you tell them? Please review the enclosed brochure and call my office or the office of the Committee (714- 261-7466) for further information. Then join the Southern California Water Committee, Inc. Thank you for your consideration in this important matter. Sincerely, ! / TRICE HARVEY, Supervisor Fourth District,. County of Kern TH:cs Enclosure The Southern California Water Committee, Inc., has been created to gather information about the water needs and available water supplies for Southern California into the next century and to tell that story to the public at large. Drawing from city and county governments, water agencies, business and industry and public interest associations, the Committee intends to play a leadership role in promoting public awareness of the management of California's most precious resource. It is founded on the principle that the vast majority of voters and local elected officials throughout the state lack the basic knowledge about water necessary to make constructive decisions. As a new organization in the political fabric of California, the Committee does intends to help the man and woman on the street understand the concerns about future water supplies and the dollars and cents impacts of inadequate supplies. Hon. Harrlett M. Wleder Hon. Paul Eckert Orange County San Diego County Board of Supervisors Board of Supervisors Hon. Peter F, Schabarum Hon, John K. Flynn Los Angeles County Ventura County Board of Supervisors Board of Supervisors Hono Melba Dunlap Hon, Trice Harvey Rive£$id¢ County Kern County Board of Supervisors Board of Supervisors Hon. Louis Curlel Hon. Robert O, Townsend Imperial County San Bernardino County Board of Supervisors Board of Supervisors Timothy L. Johnson 17752 Sky Park Circle, Suite 120 Irvine, California 92714 714 261.7466 '~'~ What happens to your community if the lack of additionalwater requires a ~g~o~~ moratorium on all new comme~ial and residential water hookups? ~ What hap~ns to your job if your office or w, terindustrialrationing?plant must absorb i~ fair share of ~ Whe~ will your fo~ come from when California, the breadbasket of the nation, d~s not have enough water for i~ farme~? ~ E the town ne~ door runs short of water am you pmpamd to live on half of your pmsent water supply to carry them through the ne~ drough~ For m~y years water JnSustry leaders ~ve warning of seriouswater shortages that could mean no Inc., isa permanent, tax-exempt organization, water for new jobs or new homes. But it h~n't happened established to provide a continuing forum for eight yet. Thanks to above average rain and snowfall for most counties, their cities, water agencies, businesses and ort~ p~. ~0 y~. ana &~ay~ on ~ C~n~a~ Ari~o.~ o~ ~oups inter.stoa in wa~ issues. Project--that will soon take water that formerly c~e to California--large scale water shortages have been postponed. ~ow, a~ ~ v~ry ~im~ ~o~n i~ mo..~i~g about losses to Arizona and the yield of the State Water Qur goal is public awareness; this is not a Project is only about 60% of the project originally lobbying effort. The Committee will keep the public, approved by the voters, questions are being asked about elected officials, and water and business executives the quality of the water. As an essential source of water informed on such matters as cle~ water, adequate water in Southern California, groundwater losses due to supplies, water conservation and the consensus reached co.~'inatio, co~la ~ an ~.fo~. ~u~a~n o. ,.ea y ,m or,.t,o. In the face of imminent sho~ages, one proposal aft~ ~not~ ~o i~c~ t~ yi~a of t~e S~at~ W~[~ Project h~ failed, either in the Legislature or at the ballot box. Few~local elected officials, individual A Board of~ustees--initially, one supervisor voters, even employers--have recognized that a from each county, appointe~ by their respective boards problem exists, ofsuPe~isors--will govern the corporation. It will A .~a ~is~s fo~ ~ .~w forum ~o~ sp~aaing story of Southern California's water needs and the state's public spewing and timely public meetings on water resources. The complete sto~ of how water is conserved issues. The budget is funded by annual membership in Southern California and how water quality is guarded dues. This effort is a partnership of city, county, for future generations needs to be in the hands of every business and industry, water agencies and ~itizens journalist, ~i~y of~ciah a~a ~g~s~a~o~ [o &mo.s.~ g~o~ps aU fo~us~a on m~[i~g t~ ~ong-~.g~ doing something about it. will add representation from each of these sectors.