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HomeMy WebLinkAbout05/24/88~)~~~~~~~=,~'~ CALIFORNIA COMMUNITY SERVICES DEPARTMENT -~.~. '"==" PAUL DOW, Manager GENE BOGART, Director of Water Resources FLORN CORE, Assistant Director of Water Resources FRANK FABBRI, Parks Sul~erintendent, 326-3'/81 JIM LEDOUX, Recreation Superintendent, 326-3701 ROBERT HART, Sanitation Superintendent, 326-3781 MEETING NOTICE A Special Meeting of the City of Bakersfield Water Board will be held on Tuesday, May 24, 1988 at 5:'OOpm in the Water Resources Conference Room, 4101 Truxtun Avenue, Bakersfield, California. The following items will be discussed: 1. Approve minutes of Special Water Board meeting held March 2, 1988. 2. City representative (Delegate and Alternate) for Kern County Groundwater Storage Advisory Committee. FOR BOARD ACTION. 3. INTERIM AGREEMENT between Kern County and the Kern River Interests regarding the use of riparian water above 1st Point of Measurement. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 4. Status. of California Water Service Agreement. FOR BOARD INFORMATION. 5. Proposed WATER EXCHANGE AGREEMENT between the City of Bakersfield and Kern County Water Agency (ID4) to provide alternate source of exchange water to Truxtun Lake. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 6. 1888 MILLER-HAGGIN AGREEMENT centennial celebration. FOR BOARD INFORMATION. 7. Proposed inter-connection WATER SUPPLY AGREEMENT between Vaughn Mutual Water Company and the City of Bakersfield. FOR BOARD ACTION and RECOMMENDATION TO CITy COUNCIL.' 8. Mainline Extension Agreement with Oceanic California, Inc. for Unit 4 of Tract 4568. FOR BOARD INFORMATION. 9. Adjournment. Posted May 23, 1988 4101 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93309 · (805) 326-3715 AGENDA WATER RESOURCES COMMITTEE MEETING TUESDAY, MAY 24, 1988 IMMEDIATELY FOLLOWING WATER BOARD MEETING Councilman Mark Salvaggio - Chairman Councilman Ken Peterson Councilman Donald K. Ratty 1) Urban Streams Restoration Program a) Funding sources and development plan. 2) Kern River Parkway Update a) Year- around flow report. b) Property appraisal (Anderson parcel). c) Public Opinion Analysis report. SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MARCH 2, 1988 4:00 P.M. The meeting was called to order by Councilman Peterson in the City Manager's Conference Room. The roll was called as follows,: Present: Peterson (Vice-Chairman); Ratty Absent: S alvaggio Councilman Ratty made a motion for approval of the minutes for Special Meeting held on January 27, 1988. Motion passed. The Ditch Eradication and Pipeline Easement Agreement for a portion of 1-1-0 ditch located along Coffee Road near Meany Avenue was presented before the Board by Mr. Gene Bogart. This agreement provided for the conversion of approximately 1,780 feet of the City's Beardsley fll Ditch from an open canal easement to a pipeline. The developer must provide all ne- cessary insurance and performance bonds and will pay all costs associated with the actual construction. A motion to approve this agreement was made by Councilman Ratty. Motion passed. Alan Daniel of the City Attorney's Office gave the report on current water litigation. Following a brief discussion, a 'News Release' was handed out to the Board for review and com- ment. It was staff's recommendation that since this litigation had originated with the Water Board that the 'News Release' update be made available for immediate release by the Water Board. Councilman Ratty made a motion to approve the news release. Motion passed. The meeting adjourned at 4:25p.m. Mark Salvaggio, Chairman City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board · KERN COUNTY WATER AGENCY Bakersfield, California 93302 Directors: ~ Telephone: (805) 393-6200 Fred L, Starrh Division 1 / Stuart T. Pyle Terry Rogers Division 2 . ~,~l'~-~ ~t,.~ .~i Engineer-Manager John L. Willis Division 3 :~~h__,,~,/~~?~,~/ GeorgeE. Ribble President ,~/,~I~.~.~'~' Assistant Engineer-Manager Michael Radon Division 4 Adrienne J. Mathews Division 5 ~'-~~ William J. Hickey Henry C. Garnett Division 6 ~~. Principal Attorney Gene A. Lundquist Division 7 Address mail to: Pam Schilling Secretary P.O. Box 58 ~a,.y 19, 1988 93302-0058 Mr. Mark Salvaggio President City of Bakersfield Water Board 1501Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Salvaggio: The Kern County Water Agency formed the Ground Water Storage Advi- sou Committee on May 6, 1986 for the purpose of providing a local forum to consider and evaluate the Department of Water Resources proposed Kern Water Bank. The membership of the committee is composed of numerous local public agencies (see enclosed formation documents), including the City of Bakers- field. In the past, the City has been represented by a councilman designated as its member with City staff as the alternate. Since the November elections, the council position on the committee has been vacant and we are therefore requesting that the City appoint a new representative. We wish to inform you that the staff of your Water Department have been doing an excellent job representing the City and cooperating with both the Department of Water Resources and the Agency in our effort to develop the Kern Water Bank. We look forward to your continued participation. Sincerely, '~-~Stuart T. Pyle General Manager xc: KCWA Directors GWSAC Members GROUNDWATER STORAGE ADVISORY COMMITTEE Arvin-Edison Water Storage District David Moore, Member Cliff Trotter, Alternate Belrige Water Storage District Bob Herri~k, Member Bob Price, Alternate Berrenda Mesa Water District Herb Benham, Member Ron Lampson, Alternate Buena Vista Watec Storage District Wallace Houchin, Member Harold Russell, Alternate Cawelo Water District Don M. Camp, Member John L. jones, Alternate City of Bakersfield Rollie Moore, Member (PRES) Gene Bogart, Alternate County of Kern Carl Hettinger, Member Randall Abbott, Alternate Henry-Miller Water District Joe Lutje, Member Tom Hurlbutt, Alternate Improvement District No. 4 Ralph Gilford Bob Bellue Kern County Water Agency Reps John Willis, Member Henry Garnett, Alternate Kern Delta Water District Stan Antongiovanni, Member Gil Castle, Alternate Lost Hills Water District J. Norman Dawe, Member Joe Steele, Alternate North Kern Water Storage District Milo Hall, Member (SECRETARY) Chuck Williams, Alternate Olcese Water District, La Hacienda, Inc. George Nickel, Jr., Member Gordon Ricks, Alternate Rosedale-Rio Bravo Water. Storage District Wes Selvidge, Member (V. PRES) Mary E. Collup, Alternate Semitropic Water Storage District Ken Wegis, Member Wil Boschman, Alternate West Kern Water District Ed McPherson, Member Stephen Cusenza, Alternate Wheeler Ridge-Maricopa Water Storage District Jerry Cappello, Member Arnold Rummelsburg, Alternate July, 1987 MAY 6, 1986 Fred Starrh, President of the Kern County Water Agency Board of Directors, sitting in for Henry Garnett, opened the organizational meeting of the KCWA Groundwater Storage Advisory Co~ittee at 10:15 A.M. on the above date. The purpose of the Advisory Committee is to make recommendations to the Agency on all facets of proposed groundwater storage programs or projects in the San Joaquin Valley portion of Kern County. Membership shall be composed of Dis- tricts and entities that have a direct physical interest in the groundwater storage projects, including management of lands, water and facilities within the area influenced by the project, and entities that may be involved financially in the Agency project or that have a water supply that will be impacted by the pro- ject. The Committee members will include, but not be limited to, the follow- ing groups of interests: Kern River Interests Buena Vista WSD City of Bakersfield Henry Mill er WD Kern Delta WD O1 cese/La Hacienda WD' s North Kern WSD SWP Groundwater Area Member Units C~wel o WD Improvement District No. 4 Rosedale-Rio Bravo WSD Semitropic WSD West Kern WD West Side Member Units Bel ri Oge WSD Berrenda Mesa WD Lost Hills WD Wheeler Ridge-Maricopa WSD Other Interests County of Kern Each group shall recommend a Director of its Board as the member of the Committee and a staff person as the alternate member. A Steering Conm~ittee shall also be formed with two representatives designated by the Kern River interests, two representatives designated by the SWP Groundwater Me~er Units, two representatives designated by the West Side Member Units, one representative designated by the County of Kern, and two representatives designated by the- Agency. The Steering Committee shall make preliminary recommendations to the Advtso~ Committee on issues related to proposed groundwater storage programs or pro ects. In addition, a minimum of one member from the Agency's Water Problems Committee shall attend all meetings. KCWA staff shall attend all meetings and provide support to the committees. The Advisory Committee may appoint subcom- mittees to investigate and consider various facets of proposed projects. All members will serve at the pleasure of the Agency Board. Final decisions concerning groundwater storage projects shall be made by the KCWA. Fred Starrh informed everyone that Tom Clark, KCWA Assistant Manager, was the staff representative and would be working with the Subcommittee. He also said Henry Garnett and John Willis, Chairman of the Water Problems Commit- tee, were the two Agency representatives selected from the Board of Directors to attend the meetings. Fred said he would try to substitute when John was unable to attend the meetings. Gene Lundquist attended this first meeting for Henry. Mr. Starrh then requested that all Board members who had been designated to serve on the Committee come forward and sit at the table. The men~ers then introduced themselves as follows: Rollie Moore- City of Bakersfield, Dave Cosyns - Henry Miller WD (Tom Hurlbutt designated as alternate), Herb Benham - Berrenda-Mesa WD, George Nickel - Hacienda/Olcese WD, Stan Antongiovanni - Kern Delta WD, Ralph Gifford - ID#4, Bill Moore (sitting in for Jerry Cappello) -Wheeler Ridge-Maricopa W.S.D., Ed McPherson - West Kern W.D., Milo Hall - North Kern W.S.D., Wes Selvidge - Rosedale-Rio Bravo W.S.D. A question was raised as to what entities were not represented at the meeting. Tom Clark responded by saying that he had Buena Vista (Wallace Houchin), Cawelo, Semitropic (Ken Wegis), BeJridge, Lost Hills and the County of Kern listed as not being present. Tom said he had not heard from Lost Hills, Cawelo and the County of Kern, and that Belridge was having their Board meeting today, at which time, they would appoint their representatives. A quorum was present at the meeting. Fred Starrh then called for an election of officers. Subject: Election of officers. Action: Bill Moore made a motion to nominate Wes Selvidge for Presi- dent and Rollie Moore seconded the motion. Mr. Selvidge declined the nomina- tion. George Nickel then nominated Rollie Moore for President and Bill Moore seconded the motion. There were no other nominations. -2- Ayes: A1 1 Fred Starrh then stepped down and Rollie Moore took over the meeting as President. Rollie Moore made a motion to nominate Wes Selvidge for Vice-President and Mr. Selvidge accepted the nomination. Bill Moore seconded the motion. There were no other nominations. Ayes: All Herb Benham made a motion to nominate Milo Hall for Secretary. Milo accepted the nomination and George Nickel seconded the motion. There were no other nomi nations. Ayes: All Subject: Appointment of a Steering Committee. This committee will be represented by two members from the Kern River interests, one member from the County of Kern, two members from the SWP Groundwater Me, er Units and two mem- bers from the West Side Member Units. Action: Bill Moore nominated Milo Hall from North Kern W.S.D. for the Kern River interests. George Nickel seconded the motion. There were no other nominations. Ayes: All Action: Milo Hall nominated George Nickel as the second representa- tive from the Kern River interests. Wes Selvidge seconded the motion. There w~re no other nominations. Ayes: All Tom Clark said the County of Kern member would sit on both the general and Steering Committees and that the representative would be appointed by the Board of Supervisors; therefore, no election was necessary. Action: Wes Selvidge nominated Ken Wegis to serve as one of the representatives from the SWP Groundwater Member Units and Bill Moore seconded the motion. There were no other nominations. Ayes: A1 1 Action: Bill Moore nominated Wes Selvidge as the second representa- tive from the SWP Groundwater Member Units and Ed McPherson seconded the motion. There were no other nominations. Ayes: All Action: Milo Hall nominated Bill Moore to serve as one of the representatives from the West Side Member Units and Ralph Gilford seconded the motion. There were no other nominations. Ayes: All Action: George Nickel nominated Herb Benham as the second represen- tative from the West Side Member Units. Mr. Benham declined and suggested sub- stituting Bob Herrick. This was agreed to and Milo Hall seconded the motion. There were no other nominations. Ayes: A11 Rollie Moore named off the members of the Steering Committee, as follows: Kern River Interests - Milo Hall and George Nickel, County of Kern- unidentified but will be appointed by Board of Supervisors, SWP Groundwater Member Units - Ken Wegis and Wes Selvidge, and West Side Member Units - Bill Moore and Bob Herrick. Subject: Appointment of the Kern Fan Subcommittee. This subcommittee will be comprised of members from Berrenda Mesa WD, Buena Vista WSD, City of Bakersfield, Henry Miller WD, Kern Delta WD, North Kern WSD, Olcese WD, Rose- dale-Rio Bravo WSD and West Kern WD. A question was raised about the Kern Fan Subcommittee's purpose and function. Tom Clark explained that the first project to be concentrated on, and the motivating force that formed this committee, was the proposal involving the Tenneco property. The subcommittee will be a working committee that will eval- uate the physical impacts of whatever program is being proposed at the time. The idea for the Tenneco project is to structure a subcommittee to look over --4-- engineering plans, or other planning materials, and comment on them. There are also provisions in the guidelines for the Advisory Committee to appoint subcom- mittees to investigate and consider various facets of any other proposed pro- jects. A discussion followed about the exact composition of this co~ittee. Action: Wes Selvidge moved that the Kern Fan Subcommittee membership be retained as li'sted above, with the addition of ID#4, and Ed McPherson second- ed the motion. Ayes: All Subject: Herb Benham made a motion that each District should name its own representatives to the membership of the subcommittee, and George Nickel seconded the motion. Ayes: All Each district will inform Tom Clark of the representatives who have been selected to serve on the committee. Subject: It was moved that the member of the committee should be the voting member, unless the alternate is present, in which case, he would be the voting member. Ralph Gifford seconded the motion. Ayes: All Rollie Moore asked that some of the alternates in the audience from the districts who had not been heretofore re~resented at the table come forward and take their places at the table. Subject: Ed McPherson moved an amendment to the original motion that each District has one vote, regardless of whether the actual member or alternate is in attendance at the meeting. Herb Benham seconded the motion. The motion was not passed by verbal vote. President Rollie Moore then asked for a show of hands. The motion was carried. Subject: DWR proposal by Jim Jenks tabled until later on in the meeting. Subject: KCWA financing powers. Tom Clark asked Stu Pyle to give an overview and introduction on this topic. -5- Mr. Pyle said, "So far, the Department is talking about entering into the program, purchasing the land and carrying out the project (purchase of 46,000 acres of land on the Kern River presently owned by Tenneco), constructing works and so forth, all being financed by the Department. However, Dave Kennedy has made statements that he is willing to work out an agreement with the KCWA, whereby the Agency would be responsible for operation of the project and manage- ment of the lands for the project. We have also discussed, among ourselves, and decided that it would be a good idea to investigate whether or not the KCWA, representing this group of interests, could enter into the project as the finan- cer and purchaser, in order to hold the lands in Kern County ownership rather than having them held by the State. Dave Kennedy is willing to discuss some type of program whereby the DWR would continue to have the same kind of water operation, but rather than buying the land up front, they would enter into a contract with the KCWA to make some type of periodic pa)qnents that would enable the Agency to sell bonds and carry out the project. The Agency would then sell Revenue Bonds, backed up by payments from the DWR. This proposal was referred to our attorneys, Ed Tiedemann and Carlo Fowler. Both Ed and Carlo looked at the Agency Act and were of the opinion that this would be possible, with some changes in the wording of the Agency Act to provide for a type of Revenue Bond financing. Ed and Carlo have come up with language that they believe will make it possible for the Agency to accomplish this type of Bond sale, backed up by pa~ents from the United States and the State or the Districts." Stu suggested that everyone look at the handout with the revised language thereon to go into legislation, and asked that everyone discuss these suggested changes, in the hopes that the Board could take action on this matter at the regular adjourned Board meeting on May 15. (The May 15 meeting was sub- sequently cancelled.) Tom Clark summed up this topic by saying the project was a good one, with tremendous opportunities for the County and most everyone will benefit by it. He urged everyone to actively participate and work together through this Committee to develop a program that Kern County would feel comfortable with. Tom said this property is available now for a limited period of time only. In order for the Agency to have the ability to.town this land in fee, the proposed changes should be made to the Agency Act. Action: Herb Benham moved that the Committee go ahead with the changes to the Agency Act, as outlined in Stu and Tom's presentations, so the groundwork could be laid for acquisition of the land. Bill Moore seconded the motion. There was no further discussion. Ayes: All Subject: DWR Proposal. Jim Jenks from Leedshill-Herkenhoff addressed this topic. He also referred to the hand-out he brought along for distribution at the meeting. After ascertaining that everyone understood what the project was -6- about, he discussed the status of the State's EIR with respect to their program. Jim said, "they were moving ahead with a Program EIR in order to move ahead with the project and acquire the land. Following this decision to purchase the prop- erty, the State is going to conduct feasibility studies and geological investi- gations on the property and then design the project. Then, they will take a look at the anticipated environmental impacts that might occur at that s. tage, and make a decision on whether or not to do additional environmental work." A copy of the State's EIR will be furnished to all Committee members. A discus- sion followed on the various environmental aspects of the project. Subject: Other Alternatives-MWD and Local Programs. Jim Jenks briefly went over the information on his hand-out under Alternative Programs and the table attached thereto (also included as an attachment to these Minutes). Tom Clark suggested that all correspondence on this program be directed through the Agency to his attention so it could be disseminated to Jim. A discussion followed on various aspects of the program, as presented. A discussion then ensued regarding the status of the State's appraisal and the possibility that Kern County might want to have their own appraisal of the Tenneco land done simultaneously, in conjunction with the State's. Tom Clark said the State's Land Department is in the process of developing the necessary information to conduct the appraisal. The State will use an out-of- County firm to do the appraisal. Action: Herb Benham moved that the Committee recommend to the Agency that they obtain their own appraisal of the Tenneco land as soon as possible. Bill Moore seconded the motion. Milo Hall asked if the Agency had sufficient funds for the appraisal, and Stu Pyle responded in the affirmative. Herb Benham suggested using a joint appraisal by two different firms to achieve a better blend of economic vs. revenue stream and said he favored an in-County firm. Stu responded that the Agency has consistently used Alliance Appraisal in the past. Mr. Benham's reco~endation was not added as an amendment to the above motion; however, Stu said they would take it under consideration. Ayes: All -7- Subject: Agenda Item No. 7 - Existing Groundwater Programs Tabled until the next meeting date. During the short discussion that followed, it was decided to hold the KCWA Groundwater Storage Advisory Committee meetings once a month on the fourth Tuesday at 3:00 P.M. Therefore, the next meeting of the Committee will be on Tuesday, May 27, at 3:00 P.M Subject: New Business None. Subject: Other Business. None. President Rollie Moore adjourned the meeting at 12:01 P.M. Minutes approved by the KCWA Groundwater Storage Advisory Committee this day of , 1986. KERN COUNTY WATER AGENCY GROUND- ATTEST: WATER STORAGE ADVISORY COMMI1-FEE Secretary President ~ wep -8- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD APPROVING AND AUTHORIZING THE RATIFICATION OF AN INTERIM AGREEMENT BETWEEN NORTH KERN WATER STORAGE DISTRICT, KERN DELTA WATER DISTRICT, CITY OF BAKERSFIELD, AND BUENA VISTA WATER STORAGE DISTRICT. WHEREAS, there currently is a legal dispute between the County of Kern ("County") and the Kern River Interest (North Kern Water Storage District, Kern Delta Water District, City o~ Bakersfield, and Buena Vista Water Storage District, herein "Kern River Interests") concerning their respective water rights to the Kern River; WHEREAS, beginning on September 16, 1987, the Kern River Interest and the County jointly formed a riparian committee for the purpose of negotiating a resolution to the dispute between the counties claimed water rights and the Kern River Interest claimed water rights; WHEREAS, the interim agreement is executed between the parties pending the conclusion of negotiations for a long term agreement, and is intended to maintain the status quo between the parties regarding the Kern River and to preserve their respective rights to Kern River Waters; WHEREAS, said agreement is attached hereto and incorpo- rated by reference as though fully set forth herein; WHEREAS, on March 25, 1988, the Kern River Water Master and Engineer-Manager for North Kern Water Storage District C. H. Williams executed the interim agreement on behalf of the Kern River Interest; WHEREAS, on March 29, 1988, the Chairman of the Board of Supervisors executed on behalf of the County of Kern the interim agreement; WHEREAS, the interim agreement provides that~until such time as the interim agreement is approved by each entity comprising the Kern River Interest, the interim agreement shall have no legal effect. -1- NOW, THEREFORE, the City Council of the City of Bakersfield does hereby resolve as follows: 1. That the City Council of the City of Bakersfield approves and ratifies the signature of Kern River Water Master and Engineer-Manager of North Kern Water Storage District C. H. Williams to the interim agreement between the County and the Kern River Interests and further declares that said signature shall relate back to and be effective from the date the interim agree- ment was executed by C. H. Williams and the County of Kern. o0o I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield ADD/lg ..-' 05/17/88 7 R.INTERIM1-2 ¥OTm'~O, ~W'OOLDRIDO]~, ?AULD]~N, SELE ~A~R ~ ORIFFIN Law offices of Mr. Gene Bogart MR. GENE R. MeM~TREY, Esq. CITY ~ATER DEPONENT 2001 22nd Street, Suite 100 4101 Truxtun Avenue Bakersfield~ California 93301 Bakersfield, California 93309 RE= ~ESOBUTI~ FOR RATIFICATI~ OF E~TI~ OF INTERIM AGRE~ENT BY ~D BE~E~ ~TY OF KE~ ~D KE~ RIVE~ INTERESTS Dear Gentlemen: Enclosed please find a copy of the full7 executed Interim Agreement entered into by the County of Kern and the Kern River Interests. You will note that in Paragraph 9 of the Agreement, the Kern River Interests agreed that the respective Board of Directors of each of the public entities comprising the Kern River Interests, would adopt a resolution ratifying and authorizing the signature of C. H. ~illiams~ Engineer-Manager, North Kern ~ater Storage District, on behalf of all the Kern ~iver Interests. We need to submit to the County certified resolutions authorizing execution of the Interim ~reement within forty-five (45) days of March 29, 1988. Enclosed for easy ~efe~enee is the ~esolution prepared on behalf of Nor. th Kern ~ater Storage District. Please ~ive me a call if you have any questions regarding this matter. Very truly yours, S~I'T K. 'KUNEY SKK: bks Enclosure cc: C.H. Williams Kern County \ Agt. #~/,,z..~ ~, INTERIM AGREEMENT (County - Kern River Interest~ THIS AGREEMENT, made and entered into this ~~ day of ~ , 1988, by and between the COUNTY OF KERN, a political subdivision of the State of California (hereinafter referred to as "County"), and NORTH KERN WATER STORAGE DISTRICT, KERN DELTA WATER DISTRICT, CITY OF BAKERSFIELD and BUENA VISTA WATER STORAGE DISTRICT (hereinafter referred to as the "Kern River interests"), WI TNES SETH: WHEREAS: (a) Beginning on September 16, 1987, the Kern River interests and the County ~ointly formed a Riparian Committee for the purpose of negotiating a resolution to a dispute between the County's claimed water rights and the Kern RAver interest's claimed water rights; and (b) The County contends that the lands within the Kern River County Park are entitled to certain water rights, undiminished by any water rights claimed by the Kern River interests, and sub3ect only to the reasonable and beneficial use requirement of the California Constitution; and (c) The Kern River interests contend that certain lands within the Kern River County Park are entitled to certain rights only in subordination to the prior established appropriative water rights of the Kern River interests; and 1 (d) Because it is anticipated that a long-term agreement will not be executed prior to April 1, 1988, when an additional diversion of Kerb~ River water for the Kern R~ver County Park lands is expected, the Riparian Committee has submitted this Interim Agreement so as to encourage continued negotiations and avoid in3ury and costly litigation; and (e) This Interim Agreement is executed between the parties pending the conclusion of negotiations for a long-term agreement, and is intended to maintain the status quo between the parties regarding the Kern River and preserve their respective rights to Kern River waters; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1. The parties shall continue to participate in good faith negotiations directed at executing a long-term agreement which shall resolve the dispute between the Kern River interests and the County concerning Kern River water rights relating to lands within the Kern River County Park. However, this Interim Agreement in no way obligates either party to enter into a long- term agreement. 2. The right to Kern River water for use on those lands within the'Kern River County Park located within the Hart Memorial Park is not subject to this Interim Agreement but instead is governed by the March 17, 1934 Hart Park Agreement. 3. The right to Kern River water for use in lake Ming is 2 not subject to this Interim Agreement but instead is governed by the 3une 9, 1964 Ming Lake Temporary Service Agreement. 4. Except as otherwise provided herein, the County, its agents or assigns, or any of its lessees shall not divert, pump or extract, either directly or by any well, during the term of this Agreement, any Kern River water for use on lands designated to be nonriparian to the Kern River, as depicted in Exhibit "A," attached hereto and incorporated herein, without the prior written consent of the Kern River interests. 5. Prior to the use of any Kern River water on any lands described within that certain lease entitled "Agreement for Lease of a Portion of Kern River Park," dated October 28, 1985 ("Kern Soccer Lease") as amended on March ll, 1986, County or its lessee shall at their expense install within the leased premises a properly maintained and operated meter or equally accurate and reliable water measuring device. The County or its agent shall read the Kern County Soccer Foundation meter on a weekly basis, and shall record the meter readings in such a fashion that the records accurately represent the measure of all Kern River water diverted and applded to any acreage within the leased premises. The County or its agent shall provide a copy of all meter records to the Kern River Watermaster office, 141§ - 18th Street, Room 705, Bakersfield, California, at the conclusion of each month this Interim Agreement is in effect. The Kern River Watermaster upon reasonable notice to the County and when accompanied by a mutually agreed upon County agent, shall be entitled to inspect and test the Kern County Soccer Foundation meter and to read all data generated and collected regarding measurement of any Kern River water diverted on the Kern Soccer Lease lands, during the term of this Interim Agreement. 6. During the term of this Interim Agreement, any diversions or use of Kern River water on the lands described within the Kern Soccer Lease or any other lands within the Kern River County Park which are presently undeveloped, shall be sub3ect to and controlled by the terms and conditions of any long-term agreement reached between the Kern River interests and the County. If the Kern River interests and County execute a long-term agreement as a ~final resolution of their water right dispute on or before June 1§, 1988, and the agreement calls for any payments by the County to the Kern River interests for the County's use of Kern River water in an amount greater than a specified quantity, any payments that would otherwise be required thereunder for water used by the County during the term of this Interim Agreement are hereby waived by the Kern River interests. If a long-term agreement is-executed after June 15, 1988, any such payments shall be made to the Kern River interests under terms and conditions mutually agreed upon at the time of the execution of the long-term agreement. If a long-term agreement is not reached between the parties, this Interim Agreement shall in no way obligate the County or its lessee to make any payments 4 whatsoever for the use of Kern River water. 7. This Interim Agreement shall expire on July 31, 1988, and shall have no force or effect thereafter. The term of this Agreement may be extended only upon a written agreement signed by the authorized representative of Kern River interests and the County. 8. This Interim Agreement is entered into by the parties for the purpose of facilitating further negotiations and is not intended to prejudice or in any way affect the legal rights, both present and future, of the parties, including, but not limited to, any and all riparian, prescriptive and/or appropriative rights to the use of Kern River water. In addition, this Interim Agreement shall in no way restrict any future action either party may wish to take in order to preserve and enforce their legal rights. 9. This Interim Agreement is contingent upon its approval by the respective boards of each of the entities'listed above and cumulatively referred to herein as the "Kern River interests", and shall not be enforceable against any party hereto until such time as it is approved by all of said boards. Upon such approval, this Agreement shall relate back to and be effective as of the date first set forth herein above. Within 45 days after the execution of this Agreement by County, the Kern River interests shall provide to County a copy of each resolution approving the Agreement and authorizing the Kern River 5 Watermaster to sign on their behalf. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. COUNTY OF KERN Chairman, Board of Supervisors "County" Engineer-Manager Title North Kern Water Stora_~e District "Kern River interests" APPROVED AS TO CONTENT: Parks~cre,at~ . APPROVED AS TO FORM: Office of County Counsel KBP:sm interim.ag/M-3 I I · T2~ ~ T2§$,R2~E ~"~"~" ~E~N ~lV~ COUNTY EXIJIBIT ~ NoN-~IPA~IAN WATER EXCHANGE AGREEMENT THIS AGREEMENT is made and entered into this 1st day of July, 1988, by and between the CITY OF BAKERSFIELD (City) and the KERN COUNTY WATER AGENCY, acting for and on behalf of IMPROVEMENT DISTRICT NO. 4 (ID4). WHEREAS, City desires to have an alternate source of State exchange water available in order to maintain a more continuous use of the Truxtun Lake recharge basin, and WHEREAS, ID4 desires to have an alternate source of Kern River exchange water available to the ID4 water treatment plant and other delivery points located within ID4, and WHEREAS, to accomplish the aforesaid objectives, City and ID4 agree to the terms and conditions hereinafter set forth. NOW, THEREFORE, IT IS mutually agreed as follows: 1. In order to carry out the objectives of both public agencies, water exchanged under this agreement will be at no cost to either party. 2. City shall provide all required permits and facilities necessary to convey water from the Cross Valley Canal to the Truxtun Lake recharge basin. 3. All operation, maintenance and wheeling expenses for use of City facilities to convey water under this exchange agreement shall be borne by the City. 4. All operation, maintenance and wheeling expenses for use of ID4 facilities to convey water under this exchange agreement shall be borne by ID4. 5. Deliveries to City by ID4 shall be made at the Cross Valley Canal River Turnout No. 3 side gate (to be constructed by City) at mutually scheduled (1) times and rates, with the exception that in the event the City wishes to take delivery of ID4 water at River Turnout No. 3 when the Cross Valley Canal Extension is otherwise not in use, City shall bear all Cross Valley Canal Extension losses attributable to such delivery. 6. ID4 shall have the right to use Truxtun Lake and unused capacity in the pipeline connecting Truxtun Lake with the Cross Valley Canal Extension for conveyance, water spreading and surface deliveries at times when such use Goes not restrict the City's ability to maintain the normal operating level of Truxtun Lake. City shall cooperate with ID4 in achieving a means to convey ID4 water from the Cross Valley Canal Extension to the Carrier Canal. 7. Deliveries to ID4 by City shall be at Rocky Point Weir, Calloway River Weir or other delivery points within ID4 at mutually agreeable times and rates of flow. 8. The maximum limit of this exchange balance, that is City water owing to ID4 or ID4 water owing to City, shall not exceed 7,500 acre-feet without the prior written consent of both parties. 9. Neither party to this agreement shall be liable to the other party for the control, carriage, handling, use, disposal or distribution of water supplied to the other party under this agreement after such water has passed the delivery points established above, nor for claim of damage of any nature whatsoever, including, but not limited to, property damage, personal injury or death arising out of or connected with its control, carriage, handling, use, disposal or distribution beyond those delivery points, and each party shall indemnify and hold harmless the other party and its officers, agents and employees from any such damages or claims of damages. 10. The term of this agreement shall De five (5) years commencing july 1, 1988 through June 30, 1993. At the end of this five-year period this agreement will renew annually unless terminated by either party upon 30 days written notice to the other party. If terminated, any water balance still remaining shall be delivered as soon as prac%ical following ~he date of termination. IN WITNESS HEREOF, the parties hereto have caused ~his agreement to be execu%ed in'duplicate by their respective officers thereunto duly authorized. CITY OF BAKERSFIELD By Mayor ATTEST: Clerk of ~he"Council APPROVED AS TO FORM: KERN COUNTY WATER AGENCY By By C~%y At%orney Presiaen~ By By Finance Director Secretary (3) AGREEMENT NO. WATER SUPPLY AGREEMENT THIS AGREEMENT, made and entered into as of the day of , 1988, by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter referred to as "City", and VAUGHN WATER COMPANY, a mutual water company, hereinafter referred to as "Vaughn." WI TNES SETH: WHEREAS, the parties hereto are each engaged in the sup- ply of water in and near the greater metropolitan Bakersfield area in contiguous service areas, the present service areas of which are shown on the map attached hereto as Exhibit "A"; and WHEREAS, each party has its own water supply and under usual and ordinary operating conditions neither party would have occasion to purchase water from the other party; and WHEREAS, in view of a possible emergency, disaster, or regulatory statute, and to pr6vide for more orderly development of the area, the parties believe it is a wise precaution to arrange for an interconnection of the City water system with the Vaughn system to the end that water can be supplied by either party to the other party. NOW, THEREFORE, for and in consideration of the promises herein contained, it is agreed as follows: 1. The City water system will be connected to the Vaughn water system at (location to be determined). The interconnection will consist of a 12-inch pipe with an 8-inch meter that may be readily adjusted to the direction of water flow. The interconnec- tion will be made at the expense of City and Vaughn, which expense shall be equally shared between City and Vaughn. 2. In the event either party shall require supplemental water for any period of time due to natural or man made disaster, loss of water supply due to power failure, mechanical failure of pumping equipment and appurtenances, sanding of well, water main break, substandard water quality or other emergency, such party shall have the right'to obtain water from the other party on two hours notice and to the extent the supplying party is able to pro- vide such water in view of its circumstances and demands at that ~time. In addition, areas within one of the parties' service area may be temporarily served by the other through such an intercon- nection, pending completion of its works to service such area, in which case the parties may provide for interim service under this agreement, not to exceed two years term and under other conditions mutually agreeable to the parties. Nothing herein shall be deemed to constitute a dedication of the water supply of either party to service the territorY of the other party or to constitute a perma- nent commitment to supply water to the other party. The obliga- tion to supply water hereunder is limited to surplus water above and beyond that required to service the needs of the supplying party's regular customers and to a reasonable period of time to permit the party being supplied to effect repairs or replacement to its own sources. 3. To compensate the party supplying the water hereunder for its costs of operation, the party receiving water shall pay to the supplying party, for all water delivered, the charges established by the quantity rate schedule of each party at the time of water delivery. Such charges shall be made only for months in which water is actually delivered, such payment to be made within thirty (30) days after receipt of a bill. 4. This agreement shall continue in effect until termi- nated by either party upon not less than ninety (90) days written notice to the other. 5. This agreement is entered into in accordance with Public Utilities Code. Section 2705, and if and to the extent this arrangement ever leads to Vaughn becoming subject to jurisdiction of the Public Utilities Commission, it shall be considered null and void. 6. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 7. Any lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in Kern County, California. 8. Time is of the essence in this Agreement. 9. Ail paragraph or section captions are for reference only, and shall not be considered in construing this Agreement. 10. Ail notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated -2- by notice: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California 93301 Vaughn Mutual Water Company 10014 Glenn Street Bakersfield, CA 93308 11. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 12. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. 13. 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 non-reimbursable litiga- tion expenses, such as expert witness fees and investigation expenses. 14. This contract sets forth the entire agreement between the parties, and supersedes all other oral or written provisions. This contract may be modified or terminated only in a writing signed by all the parties. 15. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the Corporation, if any, named herein and that this Agreement is binding upon said Corporation in accordance with its terms. This agreement may be signed in counterparts. 16. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. o0o -3- IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of, the day and year first above written. CITY OF BAKERSFIELD VAUGHN MUTUAL WATER COMPANY By By Mayor APPROVED AS TO FORM: City Attorney COUNTERSIGNED: Finance Director ADD:sdf 4 WATER1-4 -4- STANOARD ROAD  i i LEGENO I I I T, 29 ~. , ~TOCKOALE ' ~G~AY ~~ · .~E JASPAR & Assoc. DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION REFUND AGREEMENT SPECIAL WATER BOARD MEETING OF MAY 24, 1988 TRACT or ORIGINAL REFUND 2½% DEVELOPER PARCEL MAP COST OF COST Oceanic California Inc. Tract #4568, Unit 4 $45,734.49 $1,143.36 TOTAL .................... $1,143.36