HomeMy WebLinkAbout04/02/90CITY OF
COMMUNI~ SERVICES DEPARTMENT ~_
PAUL DOW, Manager ~
GENE BOGART, Director of Water Resources
FLORN CORE, Assistant Director of Water Resources ,'
FRANK FABBRI, Parks Superintendent, 32~3117 ~
JIM LEDOUX, Recre~ion Superintendent, 32~3701
MIKE SIDES, Sanitation Su~rintendent, 32~3114
t~EETING NOTICE ........ ~ ........
A Special Meeting of the City of Bakersfield Water Board will be held on Monday,
April 2, 1990, at 5:00p.m., in the Water Resources Conference Room, 4101 Truxtun
Avenue, Bakersfield.
Call meeting to order.
Roll Call - Board Members: Salvaggio, Chairman; Peterson; Brunni
The following items will be discussed:
1. Approve minutes of Special Meeting held November 14, 1989.
2. Set day, time and place for regular Water Board meetings.
3.Domestic Water main extension agreement with Panama-Buena Vista School
District - FOR BOARD ACTION and RECOMMENDATION' TO CITY COUNCIL.
4. Service agreement between North Kern Water Storage District, City and Atlantic
Richfield Company (successor to Tenneco 0il, Inc.) - FOR BOARD ACTION andRE-
COMMENDATION TO CITY COUNCIL.
5. Agreement for sale of non-Kern River water to Cawelo Water District. FOR BOARD
ACTION.
6. Ditch Eradication and Pipeline Easement Agreement with ARB, Inc. for portion
of 1-1-0 ditch located between Patton Way and Alken Street. FOR BOARD ACTION.
7. Proposed amendment to Agreement No. 78-12 WB with Olcese Water District regarding
the 13-year water supply requirements to the Olcese area. FOR BOA1RD ACTION and
RECOMMENDATION TO CITY COUNCIL.
8. Update on draft agreement with State Department of Water Resources and Kern
County Water Agency to spread and bank water in City's 2800 Acre Recharge
Facility. FOR BOARD DISCUSSION.
9. City response to draft "Urban Bakersfield Water Supply Plan for Improvement
District No. 4." FOR BOARD ACTION.
10. Mainline extension agreement between City of Bakersfield and DeWalt-Porter
Civil Engineering. FOR BOARD INFORMATION.
11. Mainline extension refund assignment. FOR BOARD INFORMATION.
12. Adjournment.
Gene B~g~rt, of Water Resources
POSTED: March 30, 1990
4101 TRUXTUN AVENUE ° BAKERSFIELD, CALIFORNIA 93309 - (805) 326-3715
NATER BOARD - C:TY OF BAKERSF:ELD
TUESDAY, NOVEMBER 1~, 1~8~
5:00 P.M.
WATER RES01IRCES CONFERENCE ROOM
4101 TRUXTUN AVENUE
The meeting was called to order at 5:17pm by Councilman Salvaggio
in the Water Resources Conference Room.
The roll was called as follows:
Present: Salvaggio (Chairman); Peterson, Ratty
Councilman Peterson made a motion for approval of the minutes of
the August 3, 1989 meeting. Motion passed.
The Agreement with California Water Service Company was presented
before the Board by Mr. Core. Mr. Core gave background information on
the existing contract and also the changes that have been made to bring
the proposed contract up to date with City's requirements. After a
brief discussion, Councilman Ratty made a motion recommending approval
of this contract by the City Council. Motion passed.
Mr. Bogart presented before the Board a request by Mr. Gregory
Bynum, Bynum and Associates, to convert two portions (approximately
2,300 lineal feet) of the Carrier Canal to a concrete box culvert.
Following discussion of the proposal, a motion was made by Councilman
Ratty to recommend approval by City Council. Motion passed.
For Board information Mr. Core presented three Mainline Extension
Agreement reassignments from Linda S. and Martin C. Kauffman to Charline
Bourne.
The meeting adjourned at 5:33pm.
Mark Salvaggio, Chairman
City of Bakersfield Water Board
Sharon Robison, Secretary
City of Bakersfield Water Board
AGREEMENT NO.
DOMESTIC WATER MAIN EXTENSION AGREEMENT
THIS AGREEMENT, is made this day of ,
1990, by and between the CITY OF BAKERSFIELD, a municipal corporation,
referred to herein as "CITY" and PANAMA-BUENA VISTA UNION SCHOOL
DISTRICT, a , referred herein as "DISTRICT".
RECITALS
WHEREAS, DISTRICT desires to have cITY water service to
DISTRICT property located at the intersection of Panama Lane and Buena
Vista Road, also known as Buena Vista School; and
WHEREAS, CITY owns and operates a domestic water system
capable of providing domestic and fire protection water service to
DISTRICT property for present use and future school expansion; and
WHEREAS, CITY assesses an Availability Fee of $2,000.00 per
acre to properties desirin§ water service from CITY; and
WHEREAS, DISTRICT, as property owner, is responsible for the
extension of CITY water mains to serve District property; and
WHEREAS, CITY prefers that the water main extended be over-
sized from 12" to 16" inside diameter pipe to allow for future expan-
sion of CITY water system; and
WHEREAS, the parties hereto desire to enter into a water main
extension agreement for the installation and DISTRICT partial reimbur-
sement of the oversized water mai ns; and
NOW, THEREFORE, upon the terms and conditions set forth
herein, CITY and DISTRICT agree as follows:
· AGREEMENT
1. RECITALS: The recitals set forth above are accurate.
2. INSTALLATION OF FACILITIES: DISTRICT shall cause to be
constructed a 16" diameter water mai"nline pipe and appurtenances along
Buena Vista Road, from a point of an existing CITY water main on Buena
Vista Road, southerly 'approximately 9200 feet, to DISTRICT property at
Buena Vista School. A map of location'and proposed water main pipeline
alignment, prepared by DISTRICT, is on file at DISTRICT and CITY offices.
Said map and plan is incorporated herein by reference as thou§h fully
set forth.
Installation of water main and facilities shall include
DISTRICT advancing its own funds in engineering, surveying, securing
any and all right of ways, permits, construction, financing,
supervision, inspection, testing and disinfection of a 16" inside
diameter water pipeline to CITY specifications.
3. LICENSED CONTRACTOR: DIST'RICT shall select, through
accepted governmental bidding procedures, an apprOpriately licensed
California pipeline contractor to perform all construction work
required hereunder and shall require such contractor provide Worker's
Compensation insurance coverage of one million dollars {$1,000,000)
throughout the period of construction and installation of water main
pi pel i ne.
4. INSPECTION FEES: DISTRICT shall forward to CITY within
10 days of the award of the 'contract, fees for inspection services to
be provided by City or its authorized agents, in the amount of four
percent {4%) of bid price. CITY and/or its authorized inspecting
agent, shall have the right to fully inspect all aspects of pipeline
installation and shall determine if work is suitable for acceptance by
City.
5. CERTIFICATE OF INSURANCE: The DISTRICT shall furnish the
City Risk Manager with a certificate of insurance evidencing the
insurance required under this agreement. The policy shall contain an
additional endorsement in favor of the CITY, its mayor, council, offi-
cers, agents, employees, and volunteers.
6. INDEMNITY: DISTRICT shall indemnify, defend, and hold
harmless CIT~ its officers, agents and employees against any and all
liability, claims, actions, causes of actions or demands whatsoever
against them, or any of them, for injury to or death of persons or
damage to property arising out .of, connected with, or caused by
DISTRICT, DISTRICT'S employees, agents or independent contractors or
companies in the performance of (or in any way arising from) the terms
and provisions of this Agreement.
7. INSURANCE: The DISTRICT shall procure and maintain for
the duration 'of this agreement the following types and limits of
i nsura nce:
Commercial general liability insurance, including the broad
form CGL endorsement, providing coverage on an occurrence basis for
bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than one million
dollars ($1,000,000) per occurrence.
Workers' Compensation with statutory benefits and employers
liability insurance with limits of not less than one million dollars
($1,000,000) ·
All policies required of the DISTRICT shall be primary
insurance as respects the CITY, its mayor, council, officers, agents,
employees and volunteers and any insurance or self-insurance main-
tained by the CITY, its mayor, council, officers, agents, employees
and volunteers shall be excess of the DISTRICT's insurance and shall
not contribute with it. Provided however, this paragraph shall apply
only with respect to District's liability for neglegent acts or omis-
sions under this agreement.
The liability policies shall provide contractual liability
coverage for the terms of this agreement.
(2)
If any part of this agreement is assigned or subcontracted, similar
insurance shall be provided by or on behalf of the subcontractors to
cover their operations.
All costs of insurance required under this agreement shall be
included in the DISTRICT's bids, and no additional allowance will be
made for additional costs which may be required by extension of the
insurance policies.
8. RELEASE OF INTERESTS: Upon the completion and acceptance
by CITY of th'is pipeline work, DISTRICT shall dedicate, by appropriate
written instrument, and release to CITY all of DISTRICT's ri§hts,
title, and interest to the water main pipeline.
9. WARRANTIES: Upon completion of this project to the
satisfaction of the CITY, the CITY agrees to accept the dedication,
quitclaim and release of DISTRICT to said water main described in
Paragraph 2 above and shall assume all duties and expenses attendant
upon the operation and necessary maintenance and repair of said water
main; provided, however, that DISTRICT shall require the contractor
hired to construct the water main to provide the DISTRICT with an
assignable written guarantee of all materials and workmanship for a
period of one year from the date of acceptance of the completed work
by the CITY, and shall assign such guarantee to the CITY concurrent
with the CITY's acceptance.
10. CONSTRUCTION BOND: DISTRICT shall deliver to CITY a
surety bond o'r letter of credit in form satisfactory to CITY in the
aggregate amount that is equal to the cost of installation of water
main pipeline prior to start of construction. The bond shall be surety
for replacements and repairs to the water main pipeline made necessary
within one (1) year from completion of installation by reason of
defective materials or workmanship, upon failure of DISTRICT contrac-
tor to perform under paragraph 9 and failure of DISTRICT or contractor
to pay all claims of all persons performing labor upon or furnishing
material or power used in the construction of water main.
11. REFUNDS: Refunds are to be based on all costs to install
said water main including, but not limited to, engineering, surveying,
right of ways, easements, construction, inspection, testing and disin-
fection of said water main. CITY shall not be responsible and shall
not reimburse DISTRICT for any costs associated with on-site water
facilities at Buena Vista School or any DISTRICT properties.
Basis for refund shall be adjusted to account for CITY
Availability Fees assessment of $2,000.00 per acre of lands served.
Upon completion of installation of water main and acceptance
by CITY, City shall reimburse DISTRICT the actual cost accrued related
to the oversizing the water main from 12" to 16" inside diameter.
That cost will be determined by engineers, or authorized agents, of
the parties herein, based on the actual cost of installation by the
lowest responsible bidding contractor, for each of the two alternate
pipe sizes. CITY shall pay DISTRICT within 90 days after receipt of
D~STRICT invoice reflecting the actual agreed cost difference for
oversizing water main.
(3)
, Up to 50% of the remaining balance of cost of installation,
after oversizing costs are refunded, shall be reimbursed by CITY to
DISTRICT as other properties or developers tie in or receive water
service due to the installation of said water main on Buena Vista
Road. CITY shall forward to DISTRICT fees that are collected by CITY
from developers or property owners for water service from said water
main within 90 days receipt of such fees.
12. CITY'S RIGHT TO OFFSET: In the event DISTRICT shall
become entitled to refund under the provisions of paragraph 11 of this
agreement, CITY shall have the right at such time to offset against
the amount then due DISTRICT hereunder the total amount of any indeb-
tedness then due or owing DISTRICT to CITY.
13. NON-CONSTRUCTION OF FACILITIES: Should the water
main pipeline' under this agreement not be completed, CITY's
responsibility and liability pursuant to this agreement shall be
limited to refund of monies or release of bonds provided to CITY by
DISTRICT, less such expenses as CITY may have in good faith incurred
in preparing to perform under this agreement. DISTRICT expressly
accepts responsibility for providing domestic and fire protection
water to any parcels sold by the DISTRICT to any third party in the
event the water main pipeline to be constructed hereunder is not
completed.
14. NOTICES: All 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 by
noti ce:
"CITY" CITY OF BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, California 93301
"DISTRICT" PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
4200 Ashe Road
Bakersfield, CA 93313
15. CORPORATE AUTHORITY: 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 corpo-
ration in accordance with its terms.
16. COMPLIANCE WITH ALL LAWS: DISTRICT shall, at DISTRICT's
sole cost, comply with all of the requirements of Municipal, State,
and Federal authorities now in force, or which may hereafter be in
force, pertaining to this agreement, and shall faithfully observe in
(4)
all ac'tivities relating to or growing out of this agreement all
Municipal ordinances and State and Federal statutes, rules or regula-
tions now in force or which may hereafter be in force.
17. WAIVER OF DEFAULT: The failure of any party to enforce
against another a proViSion of this agreement shall not constitute a
waiver of that party's right to enforce such a provision at a later
time, and shall not serve to vary the terms of this agreement.
18. FORUM: Any lawsuit pertaining to any matter arising
under, or growing'-'----out of, this contract shall be instituted in Kern
County, California.
19. ~TIME: Time is of the essence in this agreement.
20. HEADINGS: All paragraphs or section captions are for
reference only, and shall not be considered in construing this
agreement.
21. ASSIGNMENT: This contract shall not be assigned b~ any
party, or any party s'ubstituted, without prior written consent of all
patti es.
22. BINDING EFFECT: The rights and obligations of this
ties to the contract and their heirs, administrators, executors, per-
sonal representatives, successors and assigns.
23. ATTORNEY'S FEES: In any action to enforce the terms of
this agreement, the' prevail'lng party shall be entitled to recover its
attorney's fees and court costs and other nonreimbursable litigation
expenses, such as expert witness fees and investigation expenses.
24. MERGER AND MODIFICATION: This contract sets forth the
entire agreement between th'e parties, and supersedes all other oral or
written representations. This contract may be modified only in a
writing approved by the City Council and signed by all the parties.
25. INDEPENDENT CONTRACTOR: This agreement calls for the
performance Of the services of 'bi'STRICT as an independent contractor,
and DISTRICT will not be considered an employee of the CITY for any
purpose and is not entitled to any of the benefits provided by CITY to
its employees. This agreemelnt shall not be construed as forming a
partnership or any other association with DISTRICT oth6r than that of
an independent contractor.
26. ACCOUNTING RECORDS: DISTRICT shall maintain accurate
accounting re'cords and other written documentation pertaining to the
costs incurred in performance of this agreement. Such records and
documentation shall be kept at DISTRICT's office during the period of
this agreement, and after the term of this agreement for a period of
three years from the date of the final payment under this agreement,
and shall be made available to CITY representatives upon request at
any time during regular business hours.
27. TAX NUMBERS: DISTRICT's Federal Tax ID. Number 95-6000412.
DISTRICT is a corporation? Yes No × . (Please check o'ne.)
o0o
(5)
IN WITNESS WHEREOF, the parties have executed this
A§reement in duplicate the day and year first-above .written.
CITY OF BAKERSFIELD
By
'CLARENCE E.'MEDDERS
MAYOR
APPROVED AS TO FORM:
A~T~UR J. SAALFIELD
CITY ATTORNEY
COUNTERSIGNED:
GREGORY KLIMKO
FINANCE DIRECTOR
"DISTRICT"
PANAMA-BUENA VISTA UNION~ SCHOOL DISTRICT
TITLE Superintendent
By
TITLE
{6)
FIRST AMENDMENT TO AGREEMENT NO. 85-143
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__, 1989,
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,
ATLANTIC RICHFIELD COMPANY, a
Delaware corporation,
and,
CITY OF BAKERSFIELD, a .California
municipal corporation,
W I TNE S S E TH:
WHEREAS, effective July 1, 1988, ARCO purchased all of the
stock of TOC Pacific Coast, Inc., including all 6f the rights of
Tenneco Oil Company under that certain Water Service Agreement with
District and City dated August 14, 1985.
WHEREAS, subject to the terms and conditions of this
Agreement, District and City are willing to approve an assignment
of ali rights and duties in the. Water Service Agreement from
Tenneco Oil Company to TOC Pacific Coast, Inc., and to agree to
accept ARCO, as purchaser of TOC Pacific Coast, Inc., in the place
and stead of Tenneco Oil Company under said Water Service
Agreement;
WHEREAS, as of the date of this Agreement, there is no default
under any of the terms and provisions of the Water Service
Agreement.
NOW, THEREFORE, in consideration of the premises and covenants
herein' contained, District, ARCO and the City hereby agree as
follows:
1. Paragraph 20 of the Water Service Agreement is hereby
amended in its entirety and the following is substituted in its
place:
This Agreement shall be effective until March 1, 1995;
provided, however, that either th~ District, ARCO or the City may
terminate this Agreement, with reasonable cause, Upon one (1) years
written notice to the other two parties as provided in Article II,
paragraph 26.
2. Paragraph 21 of the Water Service Agreement is hereby
amended in its entirety and the following is substituted in its
place:
2
ARCO hereby surrenders all right to empty its discharge
water into the Beardsley-Lerdo canal system except as provided in
this Agreement.
3. Paragraph 23 of the Water Service Agreement is hereby
amended in its entirety and the following is substituted in its
place:
In the event of any litigation between the District, ARCO
or the City in connection with the interpretation, performance or
enforcement of this Agreement, the prevailing party or parties in
such proceedings shall be entitled to be reimbursed by the other
party or par~ies 'thereto for all costs of proceedings, including,
but not limited to, court costs, time and expense of personnel,
attorney's 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 court shall
determine to be reasonable.
4o Paragraph 26 of the Water Service Agreement is hereby
amended in its entirety and the following is substituted in its
place:
Ail 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.
Parties should be addressed as follows:
North Kern Water Storage District
3
Post Office Box 1195
Bakersfield, CA 9,3302
Atlantic Richfield Company
Post Office Box 147
Bakersfield, CA 93302
City of Bakersfield
1501Truxtun Avenue
Bakersfield, CA 93301
5. Al{CO agrees to be bound by each and all of the terms,
covenants, conditions and restrictions contained in the Water
Service Agreement, as amended, as if A~CO had executed said
Agreement in the first instance. ARCO shall promptly perform and
prosecute to.completion any and all obligations of Tenneco Oil
Company under said Water Service Agreement.
6. The District and the City accept ARCO in the place and
stead of Tenneco Oil Company under the terms of said Water Service
Agreement. The consent of District and City contained herein is
given pursuant to and shall satisfy the requirements of paragraph'
25 of said Water Service Agreement.
ATLANTIC RICHFIELD COMPANY NORTH K~ATER STOt:~GE/~ISTRICT
BY: Land Manager ~ BY:
CITY OF B~E~SFIELD
BY:
~YO~, CITY OF B~ERSFIELD
BY:
CHIEF FINANCIAL ADVISOR
APPROVED AS TO FORM
BY:
CITY ATTORNEY
WP5\NK
CITY AGREEMENT NO.
AGREEMENT FOR SALE OF NON-KERN RIVER WATER
THIS AGREEMENT, made and entered into this 26th day of
February , 1990, by the City of Bakersfield, a municipal corporation
existing under the laws of the State of California, (City), and Cawelo
Water District, a California water district ICawelo).
REC I TALS
1. Cawelo desires a long-term agreement with City to
purchase certain non-Kern River waters, known as oil field waters,
that accrue to City via the Beardsley Canal, and City is willing to
sell these waters to Cawelo throughout the term of this Agreement,
subject to the conditions contained herein.
2. Oilfield water is recovered as part of oil producing
operations including steam injection of wells and the production of
water found in the strata that produce oil. Oil field water is gener-
ally of lesser quality than Kern River water.
3. Chevron Oil Company, Texaco Producing, Inc., and Arco Oil
and Gas Company (Oil Companies) discharge the oilfield waters from oil
producin§ operations into the Beardsley Canal under permit and jurisdiction
of the California Regional Water Quality Control Board.
4. Oilfield water is not consistently available due to
uncertain oilfield operations over which City has no control, and from
time to time the water is unavailable.
5. Oilfield water is metered by Oil Companies at the water
treatment facilities of each oil company that discharges oilfield
water into the Beardsley Canal.
6. City and Cawelo desire that all usable water be retained
within the San Joaquin Valley portion of the groundwater basin to
increase water supplies and decrease basin overdraft.
AGREEMENT
7. TERM. The term of this Agreement shall be for the period
of January 1, 1990, through December 31, 1994.
8. PURCHASE PRICE. The purchase price for this oilfield
water supply shall be set by the City from year to year, based on then
existing conditions and water supplies. Upon learning.the price of
the oilfield water for that year, Cawelo will have the option of
accepting or rejecting any oilfield water offered under this
Agreement.
9. PRIORITY POSITION. Cawelo.shall, at all times
throughout the term of this Agreement, have a second priority posi-
tion, after City's Kern River Canal and Irrigating Company (K.R.C.
& I. Co.) to purchase the oil field water referred to in this
Agreement. City at its sole discretion shall determine oilfield water
requirements for K.R.C. & I. Co.
10. HOLD HARMLESS AND INDEMNIFY. Cawelo shall indemnify and
hold City harmless from all loss and liability, including attorney's
fees, court costs, and all other liti§ation expenses arising from the
sale or use of the oilfield water to Cawelo. City makes no guarantees
or claims whatsoever as to the quality or quantities of this water
supply.
(2)
11. A NON-KERN RIVER WATER SUPPLY. The water supply referred
to herein will not be chargeable to Cawelo as "Basic Contract" or
"Miscellaneous Quantity" water, but as a non-Kern River oilfield
water supply.
12. DELIVERY POINT. The delivery point for this water supply
shall be the terminus of the Beardsley Canal at 7th Standard Road.
Rates of flow will be as mutually agreed upon. Transportation or
wheeling costs associated with Cawelo's use of North Kern Water
Storage District's Lerdo Canal are the sole responsibility of Cawelo,
and it is Cawelo's sole responsibility to arrange for and to be
responsible for, any losses or transportation cost that may occur
with North Kern Water Storage District as a result of this Agreement.
13. PAYMENT. City will invoice Cawelo monthly for water
delivered under this Agreement and charges wi,ll be payable to City
within thirty (30) days of receipt of City's invoice.
14. NONASSIGNMENT OR TRANSFER. Cawelo shall not assign,
transfer, or attempt to resell this right to use oilfield water to any
other district or entity without the prior written consent of City,
which consent shall not be unreasonably withheld. Cawelo shall supply
to City any reasonable information City shall request regarding
Cawelo's intention to assign, transfer, or resell the water referred
to in this Agreement. Cawelo understands and agrees that this infor-
mation is necessary so City can make an informed decision concerning
City's approval of any attempted assignment, transfer or sale of
water.
15. TERMINATION. This non-Kern River water sale Agreement
may be terminated by either party upon thirty (30) days written notice
without liability or obligation to either party.
(3)
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 nonreimbursable litigation
expenses, such as expert witness fees and investigation expenses.
17. MERGER AND MODIFICATION. This contract sets forth the
entire Agreement between the parties and supercedes all other oral or
written representations. This contract may be modified only in a
writing approved by the City Council and signed by all the parties.
18. NOTICE. All notices relative to this agreement shall be
in writing and sent by United States Mail, postage prepaid, addressed
to the party intended at his address set forth below, or at any other
address as that party may designate by notice to the others:
City of Bakersfield
Department of Water Resources
4101 Truxtun Avenue
Bakersfield, California, g3301
Cawelo Water District
17207 Industrial Farm Rd.
Bakersfield, California, g3308
19. WAIVER OF DEFAULT. In the event of default under this
Agreement by any party, and if such default is waived by the other
party, such waiver shall not constitute a waiver of any subsequent
defaults by either party, and shall not serve to vary the terms of
this Agreement.
20. HEADINGS. All paragraph or section captions are for
reference only and shall not be considered in construing this
Agreement.
21. BINDING EFFECT. The rights and obligations of this
Agreement shall inure to the benefit of, and be binding upon, the par-
(4)
ties to the contract and their heirs, administrators, executors, per-
sonal representatives, successors and assigns.
22. CORPORATE AUTHORITY. Each individual executing this
Agreement represents and warrants that they are duly authorized to
execute and deliver this Agreement on behalf of the corporation or
organization,~if any, named herein and that this Agreement is binding
upon said corporation or organization in accordance with its terms.
23. COMPLIANCE WITH ALL LAWS. Cawelo shall, at Cawelo's
sole cost, comply with all of the requirements of Municipal, State,
and Federal authorities now in force, or which may hereafter be in force,
pertaining to this Agreement, and shall faithfully observe in all
activities relating to or growing out of this Agreement all Municipal
ordinances and State and Federal statutes, rules or regulations now in
force or which may hereafter be in force.
24. EXECUTION. This Agreement is effective upon execution.
It is the product of negotiation and therefore shall not be construed
against any party.
25. INSURANCE. During the term of this Agreement, Cawelo
shall maintain a single limit broad form commercial general liability
insurance .policy in an amount of not less that $1,000,000 per
occurrence with combined liability for personal injury, property
damage and automobile liability with a reliable insurance carrier
authorized to do business in the State of California and statutory
workmen's compensation coverage. Said policy or policies of insurance
shall expressly name the City and its agents, officers, and employees
as additional insureds. Said insurance shall not be subject to can-
cellation, non-renewal, or coverage reduction without thirty (30) days
written notice to City. Cawelo shall provide to the City proof of
(5)
insura-nce.endomsements and certificates of insurance prior to execu-
tion of this Agreement. Said proof of endorsements and certificates
of insurance shall be attached-to this Agreement as Exhibit A.
26-. TAX NUMBERS.
District's Federal Tax ID Number 95-2832712 .
District is a corporation? Yes No. X .
(Please check one.)
27. SURVIVAL OF REPRESENTATIONS. All representations,
warranties and covenants of Cawelo set forth herein shall survive the
termination of this a§reement.
(6)
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CAWELO WATER DISTRICT CITY OF BAKERSFIELD
WATER BOARD
oo,,~. ~o~s,/ "~ s^,v^~o,
~TRI CT MA~NAGER CHAIRMAN
Agreement No.
(7)
City of Bakersfield
4101 Truxtun Avenue
B~kersfield, ~A 93301
DITCH EI:I;~-DICATION AGREEMENT
~D PIPELINE EASEMENT
THI~ )&;l~, dated , between ARB
INC., a California. Corporation, hereinafter called "First Party" whether one or
more, and Kern River Canal and Irrigation Company, owned in full by the City of
Bakersfield, hereinafter called "'Second Party",
~ITNKSSKTH · THAT :
~, Second Party is the owner and operator of the "Beardsley One Ditch",
also known as lateral 1-[-0, now existing as an open ditch, and is the owner of a
right of way and easement therefor over. and across that certain real proper~y owned
by First Party in the County of Kern, State of California, particularly described as
fol lows:
SEE "E~4IBIT A"
'~"":'"'..... ~.-.' ~H~REAS, Fi=st Party desires to fill in and eradicate said open ditch and to
substitute therefor a concrete pipeline, of the type and inside diameter hereinafter
~9ecified, in and along said easement and right of way, as hereinafter provided; and
~IEREAS, Second Party is willing to consent to such substitution upon the
terms and conditions hereinafter se~ forth; ._
NOW THEREFORE, it is agreed as follows:
1. First Party does hereby grant to Second Party the exclusive and permanent
right of way and easement to maintain, alter, repair, improve, reconstruct, enlarge
and supplement and to flow and conduct water %hrough a buried pipeline or pipelines
over, along and in those certain strips of land in %he County of Kern, Sta%e of
California, more .particularly described as follows:
SEE "EXHIBIT B"
together with all rights convenient and incidental thereto, including the right of
ingress to and egress from said strip of land over' and across real property of First
Party, and First Party covenants and agrees that no building or other structure
shall be constructed, and no trees, vines, or shrubs shall be planted upon said
right of way and easement.
2. First Party agrees, at its own expense, %o procure an Easement Guarantee
Policy of title insurance in the amount of $2000.00 from World Tile Company or other
title insurance company acceptable %o Second Party, insuring tha~ %he right of way
and easement herein granted is vested in Second Party free and clear of all liens
and encumbrances excepting only those matters waived in writing if any, by Second
Party.
3. First Party agrees to construct and install along the center-line of said
right of way and easement fifty-four (54) inch inside diameter rubber gasketed Class
III reinforced concrete pipe, or as an al. lowed alternate pipe material pelyethylene
(PE) large diameter profile wall drain pipe meeting ASTM designation F894-85 for
pipeline. Said pipeline shall be of the quality and grade and in the manner to be
designated and approved in writing by Second Party's engineer... Said construction
and installation work shall be done at a time that will not interfere with the flow
or distribution of water through the present ditch as req%lired by Second Party.
4. First Party shall contract for or otherwise have, see above described
pipeline, installed and shall pay the entire cost of laying, constructing and
installing said pipeline or pipeline, inlets, outlets, and other structures required
by Second Party, including costs of all labor and materials incurred or used in
cothnection with the installation, trenching, backfilling, leveling and testing the
same, and the cost of all engineering, professional and other necessary services
furnished by the Second Party or' others in connection therewith. First Party shall
provide to Second Party a perfortm~nce bond equal in value to the eng%neer's estimate
of the total cost of. the project, in the event that the First' Party shall not pay
the entire costs, thereof and c~mplete said work as provided in this agreement, and
if the installation of the pipeline(s) is to be contracted for, a payment bond eCltlal
in value to one-half of such estimate. Prior to any work being done to install
pipeline(s), First Party shall present Second P_arty with & certificate evidenctng
required insurance, First Party shall procur? and maintain for the duration of this
agreement, the following types and limits of insurance: Commercial General
Liability Insurance, including the broad form CGL endorsement, providing coverage on
an occurrence basis for bodily injury, including death of one or mere persons,
property damage and personal injury, with limits of not less than $1,000,000 per
occurrence; and Workers' Compensation Insurance with statutory limits and employers
liability insurance with limits of not less than $1,000,000. All such policies
shall name Second Party as additional insured.
5. First Party agrees to coherence the construction and installation of said
pipeline or pipelines and structures within 24 months. --
6. First Party agrees that, upon co~letion of construction and installation
of said pipeline or pipelines, inlets, outlets and other strugtures, and acceptance
of same by Second Party, the same shall become and remain the property of Second
Party and First Party shall have no right, title or interest therein, and Second
Party shall be in sole and absolute control of the manner, method and time of
conducting and discharging water through said pipeline or pipelines and facilities;
and the nature and extent of Second Party's right of way and easement shall be in no
manner dint%nished or restricted by the construction of said pipeline by First Party.
7. First Party agrees to, keep and maintain said pipeline or pipelines, and
the inlets, outlets and other strucutres thereon, in good operating condition and
repair for a period of one year after the completion of construction and acceptance
thereof by'Second Party, and to pay all costs of such repairs and maintenance and
replacement of any part thereof required to maintain said pipeline or pipelines and
structures in good operating condition. First Party agrees that, in the event it
fails, neglects or refuses to repair, maintain or replace promptly upon demand, any
part of said pipeline, or the structures connected therewith, during said period of
one year, Second Party shall have the right, but shall not be req~lired, to n~e any
such repairs or replacements, and First Party does hereby agree to repay Second
Party the cost of any such repeirs or replacements ~de by Second Party within 30
days of mailing by Second Party of an invoice therefor, with interest at 12~ per
annum from the date such cost is incurred to the date of repayment if paymant made
is received by Second Party within such 30 day period.
8. First Party agrees to indemnify and hold Second Party free and harmless of
and from any and all claims and liabilities arising out of or in connection with the
construction, maintenance and repair of said pipeline or pipelines, and any other
thing or matter done or required herein to be done by First Party.
9. Upon fu/1 perfornmance of this agreement by First Party, and the acceptance
of said'pipeline or pipelines and other structures by Second Party, Second Party
agrees to quit claim to Firs% Party ~ha% portion of its present open ditch and right
of way therfor which will be replaced by said pipeline or pipelines and the right of
way and eascament herein granted.
10. Firs% Par~y agrees to pay %o Second Party reasonable attorney's fees,
trial preparation expense, and court costs in any successful ac=ion brought by
Second Party to enforce any of the terms, covenants and conditions of this
agreement.
11. Second Party agrees to quit claim all prior ease~=nts of reco~d.
12. This ag~-ee~ent shall apply to and be binding upon the heirs, executors,
administrators, successors and assigns of the re~pec%ive parties thereto.
IN WITNESS WHEEEOF, the parities hereto have c~/sed this instrL~ent ~o be
executed in d~lication as of the day and y~ abovIIwritten. .
PI side,t,
AF INC.[
retary, w//
INC. First Party
~PPROVED AS TO FORM:
City Attorney
KEEN RIVER CANAL & IRRIGATING COMPANY
Finance Director Chairman, City of Bakersfield
Wa%er Board
Second Party.
EXHIBIT A
BEARDSLEY ONE DITCH
EXISTING EASEMENT
Beginning at a point on the West line of the Northeast
quarter (NE 1/4) of Section 21, Township 29 South, Range 27 East,
M.D.B. & M., which bears South 00° 00' 29" West 743.36 feet
from the North quarter (N 1/4) corner of said Section 21 to the'
true point of beginning:
Thence, easterly along the North boundary of the canal
easement the following bearings and distances:
1. North 89° 27 42" East, 109.261 feet,
2. South 67° 10 28" East, 148.522 feet,
3. South 64° 37 09" East, 27~'.697 feet,
4. South 83~ 44 24" East, 89.282 feet,
5. North 52° 07 11" East, 72.513 feet, and
6. North 35° 56 31" East, 38.788~ feet to a point
on the East line of Lot 4 of said Section 21, thence,
7. South O0° 02' 58" East 137.41 feet along said East line
to the ~ntersection of the South boundary of the Canal
Easement with the East line of Lot 4; thence, westerly
along the South boundary of the canal easement,
8. South 50° 48' 31" West, 30.628 feet,
9. South'75° 07' 06" West, 75.063 feet,
10. North 82~ 24' 42" West, 107.399 feet,
11. North 62° 26' 18" West, 288.718 feet,
12. North 66° 49' 48" West, 130.966 feet, and
13. South 87° 38' 43" 86.622 feet to a point on the Nest
line of the Northeast quarter of said Section 21, thence,
14. North 00" 00' 29" East 89.41 feet to the true point of
beginning.
Containing 1.54 acres more or less
EXHIBIT B
BEARDSLEY ONE DITCH
Pipeline Easement through Lot 4, Sect'ion 21,
T. 29 S. -R. 27 E., M.D.B. & M.
k non-exclusive easement and right-of-way to lay, construct,
operate, maintain, repair, reconstruct, change the size of, and
remove pipelines, structures, fittings, and other equipment, in,
under, across, over, and upon the parcel of land located in the
Northeast quarter (NE 1/4) of Section 21, of Township 29 South,
Range 27 East, M.D.B. & M. in the unincorporated area of Kern
County, California and more particularly described as follows:
Beginning at a point on the West line of the Northeast
quarter (NE 1/4) of Section 21, Township 29 South, Range 27 East,
M.D.B. & M.i which bears South 00° 00' 29" West 793.52 feet from
the North quarter (N 1/4) corner of said Section 21, to the true
point of beginning.
Thence, easterly along the centerline of a twenty (20) foot
pipeline easement the following bearings and distances:
1. North 81° 00' 29" East 48.43 feet,~
2. Thence, South 89° 59' 31" East 20.54 feet, to the
beginning of a curve concave southerly and having
a radius of 160.00 feet;
3. Thence, easterly along said curve, through a central
angle of 24° 54~ 33", an arc distance of 69.56 feet,
4. Thence, South 65° 05' 18" East, 382.26 feet, to the
beginning of a curve concave northerly and having a
radius of 160.00 feet,
5. Thence, easterly along said curve, through a central
angle of 71° 18' 22", an arc distance of 199.12 feet
to a point on the East line of Lot 4 of said Section
21, which bears South 00° 02' 58" East 923.38 feet
from the Northeast corner of Lot No. 4.
Sidelines of said 20 foot strip shall be extended or
shortened to meet the West line of the Northeast quarter of
Section 21 and the East line of Parcel No. 4.
Containing 0.33 acres, more or less.
AGREEMENT NO.
AMENDMENT TO AGREEMENT NO. 78-12 W.B.
THIS AMENDMENT TO AGREEMENT NO. 78-12 W.B., is made and
entered into on , by and between the CITY OF
BAKERSFIELD, a municipal corporation, referred to herein as the
(CITY), and OLCESE WATER DISTRICT, a California Water District,
referred to herein as (OLCESE).
RECITALS
WHEREAS, OLCESE and Nickel Enterprises have entered into an
agreement whereby OLCESE may use certain well water, and riparian
waters for specifiedpurposes including offsetting the 13 year in-
ground water requirement in the CITY's 2800 Acre Kern River
Spreading Facility; and,
WFR. REAS, OLCESE has also acquired the so called "Carmel Right"
in an agreement between George Nickel dba Kern River Farms; and,
W~R. REAS, the CITY is willing to offset portions of the 13 year
in-ground water requirement in the CITY's Kern River spreading area
because of these additional water entitlements acquired by OLCESE;
NOW, THEREFORE, CITY and OLCESE mutually agree as follows:
1. AMENDMENT. CITY and OLCESE mutually agree to amend
Paragraph 3 of Agreement No. 78-12 W.B. for a second time. The new
Paragraph 3 of Agreement No. 78-12 W.B. shall read as follows:
"(3) The following procedure shall be used to
determine how much water in the City's Kern
River spreading area OLCESE has each year in
excess of its needs available for use outside
of CITY and outside OLCESE under this
Agreement. A consulting engineering firm
designated and paid by OLCESE in conjunction
with the CITY and after consultation with La
Hacienda, Inc., shall annually on or before
August 1st. of each year determine what
OLCESE's requirements for Hacienda Water
Rights water will be for the following 13
years. This water requirement shall be
compared to the amount of water that OLCESE
then has in storage in the CITY's Kern River
spreading area, the riparian rights and water
well rights granted to OLCESE under an
agreement, between OLCESE Water District and
Nickel Enterprises signed March 28, 1990 and
the Carmel Right granted to OLCESE in an
agreement between George Nickel dba Kern River
Farms and OLCESE Water District'dated February
27, 1976 (so long as said agreements are in
effect and unmodified) and the amount of water
then in storage, that is over 5,000 acre feet
greater than the 13 year requirement. The
difference shall be deemed to be excess water
available for use outside of CITY and outside
of OLCESE."
2. REMAINDER OF AGREEMENT. Except as otherwise provided in
Paragraph 1 above, the provisions of Agreement No. 78-12 W.B. shall
remain in full force and effect.
o0o
2
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first-above written.
"CITY"
CITY OF BAKERSFIELD
By
CLARENCE E. MEDDERS
Mayor
APPROVED AS TO FORM:
ARTHUR J. SAALFIELD
City Attorney
By
COUNTERSIGNED:
By
GREGORY KLIMKO
Finance Director
"OLCESE"
OLCESE WATER DISTRICT~
By
President
By
Secretary
ADD:lg
AMENDOLC.K
03/28/90
THIS AGREEMENT, dated March CZar__, 1990, is between
OLCESE WATER DISTRICT, a California Water District, organized
and existing under and by virtue of the California Water
District Law, Division 13 of the California Water Code (here-
inafter "Olcese"), and NICKEL ENTERPRISES, a California Limited
Partnership (hereinafter "Nickel").
WITNESSETH:
WHEREAS, La Hacienda, Inc. and Olcese have entered into
an agreement entitled "Contract for Purchase and Sale of Kern
River Water and Storage Rights", dated March 18, 1981, under the
terms of which La Hacienda, Inc. has transferred to Olcese
certain rights to water of the Kern River; and
· WHEREAS, said agreement provides that Olcese maintain,
in the City of Bakersfield's 2800 Acre' Water Banking Facility, a
minimum of the projected- 13-Year Gross Water Requirements for
Olcese; and
WHEREAS, the City of Bakersfield would allow the 13
year water storage requirement to be offset by the amount of
water that the Nickel riparian water rights and wells can safely
yield during the 13 year period.if these rights are contrac-
tually committed to Olcese; and
WHEREAS, Nickel and Olcese have entered into an agree-
ment entitled "Agency Agreement for Riparian Lands Olcese Water
District", dated March 18, 1981, under the terms of which Olcese
is ,appointed as the agent of all the water derived from Nickel's
riparian rights; and
WHEREAS, Nickel presently owns and operates two water
wells located within the boundaries of Olcese with a capacity of
producing 7,500 acre. feet of groundwater per year for domestic
and irrigation uses from the aquifer underlying portions of
Olcese, said wells being designated Rio Bravo Well No, 1 and Rio
Bravo Well No, 2, located in the SE/4 of Section 1, Township 29
South, Range 29 East, Mount Diablo Base and Meridian, as
indicated in Exhibit A attached hereto, said wells collectively
referred to hereafter as "The Wells"; and
WHEREAS, Nickel owns the lands within Olcese described
in Exhibit A hereto attached; and
WHEreAS, Nickel's agricultural irrigation demands are
included in the 13-Year Gross Water Requirements and those lands
have the right to request water service from Olcese; and
WHEREAS, Nickel is willing to contract under certain
conditions to provide Olcese the first 1,000. acre feet of
production from said Wells for use within Olcese; and
WHEREAS, Nickel is willing to contract to assure Olcese
that the water derived from Nickel's riparian water rights will
be utilized on its lands located within Olcese, and that it will
endeavor to insure that these rights shall not be severed from
the land.
NOW, THEREFORE, IT IS AGREED as follows:
1. Nickel hereby grants Olcese the exclusive priority right to
the use of such Wells, identified as Rio Bravo Well No. 1
and Rio Bravo Well No. 2, and to the water produced there-
from, in the amount of 1,000 acre feet per year, to the
extent Olcese needs to supplement its available water supply
or to offset the thirteen (13) year in ground requirement in
the City's 2800 Acre Spreading Facility. Any time the
City's thirteen (13) year in ground requirement cannot be
satisfied by water actually stored within said facility
Olcese will call upon the Wells (and riparian rights) to
fulfill the thirteen (13) year requirement. Olcese shall
have the absolute right to call upon the well (and riparian)
rights set forth herein to meet the thirteen (13) year in
ground storage requirements. This Agreement and the rights
of Olcese hereunder shall be operative only as necessary to
provide Olcese with water not otherwise available to it.
2. Nickel shall undertake all responsibility and expense for
the maintenance and operation of said Wells, and shall be
responsible for costs of operation, maintenance, and power
charges.
3. Olcese's priority right to the well water under this
Agreement shall be limited to 1,000 acre feet per year;.
provided, however, that should Olcese require additional
water from the Wells, said amount may be increased upon the
consent of Nickel.
4. Nickel shall deliver to Olcese such amounts of water as
Olcese shall have requested of Nickel on a written schedule
presented on the 15th day of December of each year.
Provided, however, that Olcese may revise such schedule as
its needs may change from time to time on thirty (30) day
written notice to Nickel. All delivery to Olcese shall be
at the wellhead of the respective Rio Bravo Well. Olcese
-2-
shall transport such water to its pumps by means of the Kern
River channel, or other means if Olcese so elects.
5. Olcese shall compensate Nickel for water delivered at a rate
that is equal to $40 per acre foot, plus the actual prorated
energy and standby charges for pumping said water, plus
the calculated operation and maintenance charges. Operation
and Maintenance charges shall be prorated on an annual
basis, based upon the actual amount of water taken during
the year by the respective parties. If a well requires
replacement, Olcese shall contribute an additional $5.00 per
acre foot times the actual amount of water it has taken
delivery of out of the Wells during the term of this
Agreement, not to exceed one-half of the total actual cost
of the replacement of the well. The $40 per acre foot price
shall be escalated based on changes from the. January 1,
1990, pri'ce under "all commodities" classification of the
wholesale price indices for Major Commodity Group published
by the U.S. Bureau of Labor Statistics. Adjustment shall be
made in January of each year. If the reference index is
discontinued, the parties shall agree upon an appropriate
substitute basis to reflect the effects of inflation.
Nickel shall meter the water delivered to Olcese as it is
extracted and report the quantities to Olcese no later than
the 15th day of each month. Olcese shall pay for each
month's water within thirty (30) days following the end of
the month in which the water is delivered.
6. Olcese shall utilize the water produced from the Rio Bravo
Wells only for use within the boundaries of Olcese. No
water delivered to Olcese from the Wells shall be sold or
otherwise made available by Olcese for use outside the
boundaries of Olcese.
?. Nickel shall retain the priority right of use of all
production capacity of the Wells to the extent that such
capacity is not needed or utilized by Olcese. Nickel shall
have no limitation on the right to take or use water from
the Wells, except as to the first right of Olcese as
provided.
8. The term of this Agreement to utilize the Wells shall be
until July 1, 2012
9. Nickel hereby agrees to utilize water derived from its
riparian water rights to the maximum extent possible but in
no event less than 1,000 acre feet per year of the minimum
average yield to meet its water requirements on its lands
located within the boundaries of Olcese. Olcese shall have
first call on said riparian rights to offset the City's
thirteen (13) year in ground requirement for Olcese water
storage in the City's 2800 Acre Spreading Facility. Olcese
-3-
may use riparian or well water or both to satisfy the
thirteen (13) year requirement as set.forth above.
10. Any notices required or convenient to be given under the
provisions of this Agreement shall be addressed to the
parties at the following indicated addresses, which
addresses may be subsequently changed by written notice of
change:
To Olcese: OLCESE WATER DISTRICT
P. O. BOX 651
Bakersfield, CA 93302
To Nickel: NICKEL ENTERPRISES
6200 Lake Ming Road
Bakersfield, CA 93306.
11. The provisions of this Agreement shall inure to the benefit
of and shall be binding upon the heirs, successors and
assigns of the parties hereto.
IN WITNESS WHEREOF the parties hereto have executed
this Agreement on the day and year set forth.
Dated: ~~~-~) OLCESE WATER DISTRICT
By-
Secretary
Dated- J."~ ., ,L' NICKEL
ENTERPRISES
j~,,.& . Partner
A-OWD 1 3
-4-
CONTRACT AMONG THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF CALIFORNIA,
CITY OF BAKERSFIELD,
AND KERN COUNTY WATER AGENCY
FOR COORDINATED WATER SPREADING AND BANKING OPERATIONS
DRAFT
MARCH 21, 1990
TABLE OF CONTENTS
RECITALS 1
1. Purpose 5
2. Definitions 5
3. Use of City Spreading Area 7
4. Use of Kern Fan Element 13
5. Kern River Points of Diversion~ 14
6. Use of Kern River Canal 15
7. Ownership of Water 16
8. Extraction of Banked Water 17
9. Compliance With CEQA 18
10. Indemnification 18
11. Attorney's Fees - Costs 19
12. Term 20
13. Notices 20
14. Successors and Assigns 21
CONTRACT AMONG THE DEPARTMENT OF WATER RESOURCES
OF THE STATE OF CALIFORNIA,
CITY OF BAKERSFIELD,
AND KERN COUNTY WATER AGENCY
FOR COORDINATED WATER SPREADING AND BANKING OPERATIONS
THIS AGREEMENT is made this day of , 19 ,
in the State of California, by and among the Department of Water
Resources of the State of California (State), the City of
Bakersfield, a Municipal Corporation, chartered under the laws of
the State of California (City), and Kern County Water Agency
(Agency), a public agency formed under the laws of the State of
California.
RECITALS
A. City owns approximately 2,800 acres of land overlying the
Kern County Ground Water Basin (City Spreading Area) which lands
are set forth on a map entitled Exhibit "A", attached to, and
incorporated by reference in, this Agreement.
B. City has dedicated the use of City Spreading Area for the
spreading, storage, and extraction of Kern River and other waters
in accordance with terms established or to be established by the
City.
C. City has mad~ substantial improvements to City Spreading
Area via off-stream basins, levees, check structures and other
facilities to increase absorption capacity for spreading and
banking of good quality water.
D. The City Spreading Area is subject to a priority system
based on the following agreements:
Agreement No..77-07 W.B. dated November 9, 1977, which
Agreement has been amended as set forth in Agreement No. 78-12 W.B.
dated June 27, 1978, Agreement No. 81-76, dated April 15, 1981 and
a supplemental Agreement No. 84-232 with the Agency. All of these
Agreements are between the City, Olcese Water District, and the
Agency and are jointly referred to in this Agreement as the "Basic
Spreading Agreements"
E. On May 2, 1977 the City, Tenneco West, Inc. and Tenneco
Realty Development Corporation entered into Agreement. No. 77-71,
-which provides for City's use of Tenneco's wells and canals when
they'are not used by Tenneco, and provides for purchase by Tenneco
of specific amounts of Kern River water for use on the Tenneco
property.
F. From time to time, City has spreading capacity
excess to its own needs on the City Spreading Area, and excess to
requirements of others under Basic Spreading Agreements (Excess
Spreading Capacity).
G. State wishes to enter into an Agreement with the City to
utilize the Excess Spreading Capacity of the City Spreading Area
for spreading and banking of State water Project (SWP) water or
2
the advanced delivery Agency entitlement water, as a component of
the Kern Water Bank whose primary purpose is to augment the
dependable water supply of the SWP and will produce local benefits
in the form of conservation of local water supplies, ground water
overdraft correction and improved ground water levels.
H. State owns approximately 20,000 acres that border the City
Spreading Area along the Kern River from approximately the Southern
Pacific Railway on the east to the California Aqueduct on the west,
and from Stockdale Highway on the north to Taft Highway on the
south, as set forth in Exhibit "A". The land will be used to
develop features of the Kern Fan Element (KFE) of the Kern Water
Bank to recharge, store and extract SWP water.
I. The parties to this agreement recognize potential benefits
in the. coordinated use of respective recharge and extraction
facilities. The parties are developing this agreement to set forth
the provisions for coordinated water spreading and banking
operations and to address the concerns of the parties to this
agreement on any possible adverse conditions which may be caused by
the operation of the KFE and the City Spreading Area that might
limit or restrict the recharge or extraction capability or degrade
the ground water quality of either program.
J. The parties to this agreement desire to limit the scope of
this agreement to the criteria and priority for use of the City
Spreading Area by State and the State's KFE facilities by the City
up to the amount of the State's use of City facilities in the same
calendar year, the water quality requirements for recharge in the
3
City Spreading Area and the monitoring program for the ground water
conditions.
K. The parties to this agreement desire to gain operational
and institutional experience as a foundation for a long-term
agreement.
L. City is willing to permit the use of City's Excess
Spreading Capacity by State, subject to appropriate water quality,
operational, and financial conditions and arrangements.
M. To compensate the City for Lost Spreading Capacity,
the State is willing to permit the use of. State's recharge
facilities by City up to quantities equal to the State's use of
City's facilities in the same calendar year, subject to
availability of facilities and appropriate water quality,
operational, and financial conditions and arrangements.
N. State and Agency have entered into a memorandum
of understanding dated March 25, 1987, which sets forth the
principles for developing, operating, and managing the proposed
Kern Water Bank. This Agreement shall be one of several agreements
which the State and the Agency plan to be parties to pursuant to
Water Code Section 11258.
O. State and City have installed monitoring wells in the City
Spreading Area, in anticipation of the coordinated operation of the
City Spreading area and the Kern Fan Element.
AGREEMENT
1. PURPOSE. The purpose of this agreement is to provide for:
a. The interim use of the City's Spreading Area recharge
facilities by the State.
b. The interim recharge on State KFE property by the City
up to the amount that the State's recharge in the City Spreading
Area reduces the City's recharge capability in the same calendar
year.
c. A limited term arrangement for the coordinated
operation of State and City ground water programs to gain
operational and institutional experience for a long term agreement.
d. The State and City will honor existing contractual
rights and obligations under Agreement No. 77-71 with respect to
KFE lands acquired by the State from Tenneco West, Inc. State
agrees any purchase and use of Kern River water Pursuant to
Agreement No. 77-7i shall only be used on the State KFE property
and shall not be exported either directly or indirectly from that
property.
2. DEFINITIONS
a. Kern Water Bank shall mean all opportunities for the
State to store and extract imported SWP water in ~he Kern County
Ground Water Basin by contract with the Agency pursuant to Water
Code 11258.
b. State KFE property shall mean that area of
approximately 20,000 acres overlying the Kern County Ground Water
Basin located in the Kern River Fan west of Bakersfield as set
forth on map entitled Exhibit "A".
c. KFE shall mean a component of the Kern.Water Bank
consisting of those project facilities intended for ground water
recharge and extraction primarily on State KFE property.
d. City Spreading Area shall mean that area of
approximately 2,800 acres overlying the Kern County Ground Water
Basin located in the Kern River Fan and set forth on map entitled
Exhibit "A".
e. Kern River Water shall mean that surface water
naturally occurring in the Kern River Basin watershed.
f. City Spreading Capacity shall mean the'volume or rate
over time that the City Spreading Area can receive, spread and bank
water.
g. Excess Spreading Capacity shail mean that City
spreading Capacity, as determined by City, which is excess t0 its
own ground water, recharge requirements within the City Spreading
Area and excess to the rights under the Basic Spreading Agreements.
h. Net State Spreading Volume shall mean that volume of
water recharged by the State in the City Spreading Area in excess
of the water recharged by the City in State KFE property during any
calendar year, calculated to the end of each calendar year.
i. Lost Spreading Capacity shall mean that reduction in
City Spreading Capacity over time resulting from use by State which
would otherwise have been used by City for its own ground water
recharge requirements and by others under the Basic Spreading
6
Agreements, as computed by the City andmutually agreed to by City
and State.
j. SWP water is water developed under the State Water
Resburces Development System.
k. Basic Spreading Agreements include Agreement No.
77-07 W.B. dated November 9, 1977, which agreement has been
amended as set forth in Agreement No. 78-12 W.B. dated June 27,
1978, Agreement No. 81-76, dated April 15, 1981, and a supple-
mental Agreement No. 84-232 with the Agency. All of these
agreements are between the City, Olcese Water District, and the
Agency and are jointly referred to in this agreement as the "Basic
Spreading Agreements".
1. Basic Spreading Contractors shall mean Olcese
Water District, Buena Vista Water Storage District, and Kern County
Water Agency.
m. The terms "Recharge" and "Store" shall mean the
percolation of surface waters into the underlying groundwater
basin.
3. USE OF CITY SPREADING AREA:
a. State shall have the right under City operation to use
City's Excess Spreading Capacity to spread and recharge SWP water~
in City Spreading Area subject to all the limitations expressed in
this Agreement.
(1) All rights created in this Agreement shall also
be subject to and shall not affect those rights, granted to the
Basic Spreading Contractors by City.
7
(2) Whenever Kern River or other local water,
including Friant-Kern Canal water, is available for spreading in
City Spreading Area, it will be given priority for spreading over
water from the California Aqueduct.
(3) In consideration for the establishment of a
priority spreading position immediately following the Basic
Spreading Agreements, and in order to help maintain a positive
hydraulic gradient from the City Spreading Area to the State KFE
properties, State agrees that over the life of this agreement, a
minimum of ten percent (10%) of the SWP water spread as part of the
KFE shall be spread in City Spreading Area. The parties agree that
this 10% requirement is a negotiated amount and sets no precedent
for future agreements. For each day local uses under the Basic
Spreading Agreements require full utilization of City Spreading
Facilities during the same period that the State would have
otherwise recharged water in the City Spreading area and the State
was.recharging to the maximium extent possible on the KFE property,
the quantity of water that would have been recharged by the State
in the City Spreading Area shall be subtracted from this 10%
requirement.
b. Operational Conditions:
(1) State shall make every reasonable effort to use
the highest quality water available for spreading in City Spreading
Area and State KFE property. Primary consideration shall be given
to making high quality water available through SWP operaSions or
direct exchanges'of SWP water for Kern River or Friant-Kern Canal
water using local district facilities.
(a) At no time shall the daily water quality of
SWP water delivered to City Spreading Are~ be in excess of 500
parts per million of total dissolved solids.·
(b) The weighted average water quality of any
SWP water delivered to City Spreading Area shall not exceed 440
parts per million of total dissolved solids based on fl0w during
any 30-day period.
(c) The weighted average water quality of any
SWP water delivered to City Spreading Area shall not exceed 300
parts per million of total dissolved solids based on flow in any
previous 12 month period.
(d) State shall not spread or recharge water
in City Spreading Area that would not comply with the conditions
set forth in b.(1) (a), (b), and (c) above and with applicable
federal and state, or local government water quality laws,
standards, regulations, or statutes, pertaining to all groundwater
recharge in City Spreading Area, whether in existence on the date
this A~reement is executed or promulgated at any time, once such
standard or provision becomes final and enforceable by the
appropriate governmental agency.
(2) The parties shall cooperatively develop and
contribute resources toward a monitoring program to determine the
quality and quantity of all water spread in City Spreading Area and
State ~E property.
(3) The parties shall, from timel to time, jointly
review the water quality provisions of this Agreement in light of
State and Federal regulations governing the quality of surface
water or groundwater provided by public water supply systems to
determine whe%her the water quality provisions of this Agreement
require modification.
(4) Each party shall provide at least 5 working days
notice to the other parties, or less by mutual consent, concerning
the availability or cessation of deliveries to the recharge
facilities.
(5) Once access and use of recharge facilities has
been.granted by City to State, such access to the facility shall be
for a minimum of 30 consecutive days or duration of available
supply, whichever is less, in. order to avoid disruptions of water
service and conveyance operations, with the following exception:
In the event of a sudden unforeseeable storm
condition or other emergency, State shall make every reasonable
effort to discontinue spreading within 24 hours of notification by
City.
c. Spreading Fee:
(1) At the end of each calendar year the Net State
Spreading Volume shall be calculated and agreed to among the
parties.
In those years in which net State spreading occurs,
State shall pay ~o City for each acre-foot of Net State Spreading
Volume a Spreading Fee consisting of a Spreading Component, a
10
Facilities Improvement Component and an Operations and Maintenance
Component. The Facilities Improvement Component is reimbursement
for capital improvements funded by City after January 1, 1984, and
when such capital improvements are totally paid the Facilities
Improvement Component will cease to be charged or collected.
(2) Components of the Spreading Fee provided for in
this Section are subject to escalation on the basis of the Price
Index "All Commodities" classification for the Wholesale Price
Indexes for Major Commodity Group published by the U. S. Bureau of
Labor Statistics, using the base January 1982 equal to 100.
Adjustments to the Spreading Fee will be made prior to February 15
of each year, or as soon thereafter as is possible based on the
January Index for the current year. Fees payable during a calendar
year shall be based on the January Index for that year.
(3) The total Spreading Fee for 1990 is $8.50. The
method of computation for determining the Spreading Fee for 1990
and for future years is shown below.
11
COMPONENT BASE ESCALATION FACTORS COMPONENT
YEAR [Price Index in 1990] OF
COST [ Base Year Index ] SPREADING
FEE FOR
1990
Spreading $3.00 x 114,9 = $ 5.29
(July 1977 Base Year 65.1
Index = 65.1)
Facilities $1.50 x 114,9 = $ 2.65
Improvement 65.1
(July 1977 Base Year
Index = 65.1)
Oper&tions and $0.50 x 114,9 = $ 0.56
Maintenance 102.9
(July 1984 Base Year
Index = 102.9)
TOTAL SPREADING FEE FOR 1990 $ 8.50
(4) To reimburse City for on-going costs related
directly to State participatio~ in City Spreading Area,. i.e.,
recordkeeping, ground-water accounting, providing water forecasts
and scheduling information on local water conditions; and produc-
tion of an annual report showing all spreading, banking, extraction
and transfer activities and accumulated storage balances in the
City Spreading Area as well as non-recharge year maintenance, State
agrees to a minimum annual calendar year payment of twelve-thousand
dollars ($12,000) payable to City. City shall subtract from this
annual payment any Spreading fees received from State that year for
use of City Spreading Area. However, in no event during the life
of this Agreement shall the annual payment to City be less than
twelve-thousand dollars except for the first year which shall be
prorated on a monthly basis from the date of execution of this
agreement.
12
(5) Fees fOr the agreed to Ne% State Spreadin~ ~
Volume will be calculated by the City to the end of each calendar
year and be due and payable by State to City within sixty (60) days
after receipt of City invoice.
4. USE OF KERN FAN ELEMENT;
a. To offset any lost spreading capacity by City due to
the use of the City Spreading Area by State, City and its Basic
Spreading Contractors shall have a priority right to use State KFE
property and/or facilities for spreading and banking of local
waters in any calendar year during which the State has used City
Spreading Area. The maximum City Spreading Capacity is presently
estimated by City to be at least 200,000 acre-feet per year. The
priority right to use State KFE Facilities granted to City by State
shall not exceed the amount of water determined to be lost
spreading capacity resulting from the State spreading its water in
the City Spreading Area, which, in any case, shall not exceed the
amount of State's recharge in City's facilities.
(1) State shall provide, at no cost to the City and
its Basic Spreading Contractors, works and facilities necessary or
appropriate on State KFE property to divert Kern River water or
other local water into State's spreading areas and to spread said
water for the purposes set forth in Section 4(a).
(2) State will not charge City and its Basic
Spreading Contractors any user fees on City water spread on State
KFE property for the purposes set forth in Section 4(a).
13
b. Operational conditions.
(1) Each party shall provide at least 5 working days
notice to the other party, Or less by mutual consent, concerning
the availability or cessation of deliveries to the recharge
facilities.
(2) Once access and use of recharge facilities has
been granted by State to City, such access to the facility shall be
for a minimum of 30 consecutive days or for the duration of
available supply, whichever is less, in order to avoid disruption
of water service and conveyance operations, with the following
exception:
In the event of sudden unforeseeable storm condition
or other emergency, the City shall make every reasonable effort to
discontinue spreading within 24 hours of notification by. State.
5. KERN RIVER POINTS OF DIVERSION:
a. A northern and/or southern point of diversion from the
Kern River to be located on City property in Section 9 of T30S,
R26E, MDB&M, or at some other agreed upon location, may be used for
the following purposes:
(1) reciprocal use of facilities as provided in this
agreement;
(2) storage by State of SWP water by exchange for
Kern River water on State KFE property;
(3) storage by the Agency of local water on State
KFE property as provided for in paragraph 5(e) of the Memorandum of
14
,:
Understanding dated March 25, 1987, between the State and the
Agency%
City agrees to provide the State and Agency
construction easements for said points 'of diversion on City
property provided the City controls the diversion headworks and all
construction costs are paid by the State and the Agency. Specific
terms, conditions, and operational criteria for the points of
diversion shall be by separate agreement between the City, the
State and the Agency.
6. USE OF KERN RIVER CANAL;
a. Subject to the rights of the City and the rights of
any other entity under the 1964 Amendment of the Miller-Haggin
Agreement, or prior City contracts, State may use the Kern River
Canal for transportation of water to recharge sites on State KFE
property or for transportation of 'water pumped from State KFE
property.
b. Use of the Kern River Canal as shown on Exhibit "A" by
the State shall be scheduled with the City, shall be arranged so
that it will not interfere with other uses of the Kern River Canal
by the CiSy or any other entity with prior rights, and will be
subject to the usual transportation costs provided in paragraph
5(h) of the 1964 Amendment of the Miller-Haggin Agreement.
c. Each Party shall provide at least five working days'
notice to the other party, or less, by mutual consent, concerning
the availability or cessation of deliveries to or from the. recharge
facilities.
15
7. OWNERSHIP OF WATER:
a.. State shall retain all rights of ownership, of all
waters State stores in City Spreading Area, including the right to
transfer ownership to Agency as may be subsequently agreed to
between the State and Agency.
b. City and its Basic Spreading Contractors shall retain
all rights of ownership of all water City and its Basic Spreading
Contractors store in State KFE property.
c. City shall maintain accurate records of the quantities
of SWP water diverted and stored in City Spreading Area. Copies of
said records shall be furnished to State on a monthly basis.
d. State shall maintain accurate records of the
quantities of Kern River Water diverted and stored in State KFE
property on behalf of City and its Basic Spreading Contractors;
copies of said records shall be furnished to City on a monthly
basis.
e. It is recognized and agreed to by the parties to
this Agreement that the S~ate may choose in the initial development
of the Kern Fan Element to have water stored in the Kern County
Ground Water Basin as advance delivery of SWP entitlement to the
Agency. This advance delivery is proposed to be made by the State
to the Agency at the Cross Valley Canal turnout at Tupman. To the
extent that any water as part of operations of the Kern Fan Element
is recharged as advance delivery of Agency SWP entitlement, the
Agency shall assume State responsibilities in this Agreement for
Sections 3, 4, 6, 7(a), 7(b), 7(c), 7(d), and 8. It is further
16
recognized by the parties that water stored in the City Spreading
area pursuant to this Section 7(e) shall not be considered as water
stored pursuant to Agreement No. 81-76, dated April 15, 1981, and
a supplemental Agreement No. 84-232, between the Agency and the
City. It is further recognized that the State and Agency must
enter into a separate agreement to implement advance delivery of
entitlement to the Agency.
8. EXTRACTION OF BANKED WATER;
The parties recognize that each will extract water each
party has stored in the City Spreading Area. The parties agree to
cooperate and coordinate with each other in the extraction of all
water stored in the City Spreading Area subject to the following:~
a. State shall not have the right to use existing
facilities or construct any facilities in City Spreading Area for
extraction of State-owned water unless otherwise agreed to by City.
b. Extraction of water stored in City Spreading Area
by State shall be limited to the amount of water previously stored
by State.
c. To help avoid potential interference with City's
on-going local extraction program, State agrees not to drill or
place extraction wells closer than one-half (1/2) mile from
existing extraction wells located in City Spreading Area without
prior written consent of City. The City shall not unreasonably
withhold its consent. State and City agree to monitor and
establish operational criteria for all existing KFE extraction
wells acquired from Tenneco that are'located within one-half (1/2)
17
mile of City Spreading Area in order to maintain optimum
groundwater pumping levels for State and City projects.
9. COMPLIANCE WITH CEQA;
a. State shall comply with the California Environmental
Quality Act (CEQA) and all related regulations if, as, and when
applicable.
10. INDEMNIFICATION;
a. State shall indemnify, defend (upon written request of
the City), and hold harmless city and Agency, its officers,
employees, and agents from any and all loss, damage, liability,
claims, or causes of .action of every nature whatsoever from damage
to or destruction of, or interference with the use of ownership of
property or for personal injury to any person arising out of,
caused, or resulting from State's use of the City's land or
facilities for the purpose herein authorized; provided, however,
that State shall have no such obligation with respect to such' of
the foregoing as are caused by the sole active negligence or
willful misconduct of the City, its officers, employees and agents.
b. Cit~ shall indemnify, defend (upon written request of
the State), and hold harmless the State and Agency, its officers,
employees, and agents from any and all loss, damage, liability,
claims, or causes of action of every nature whatsoever from damage
to or destruction of, or interference with the use or ownership of
property or for personal injury to any person arising out of,
caused by, or resulting from the City's use of the State's land or
facilities for the purpose herein authorized by the City, or its
18
Basic Spreading Contractors acting pursuant to this Agreement;
provided, however, that the City shall have no such obligation with
respect to s~ch of the foregoing as are caused by the sole active
negligence or willful ~misconduct of the State, its officers,
employees and agents.
c. Agency shall indemify, defend, (upon ..... )
11. ATTORNEY'S FEES - COSTS:
a. In the event of litigation between the parties with
respect to this agreement, including interpretation or enforcement
of any of the terms or provisions hereof, the prevailing party in
such litigation shall be entitled to recover, in addition to any
other relief granted, all of such party's litigation expenses,
including without limitation, costs of suit, expert witness fees,
and attorney's fees; provided, however, said attorney's fees shall
be in an amount that is reasonable and such amount shall be fixed
by the court or tribunal before which the litigation is pending.
12. TERM:
a. The term of this agreement shall be five (5) years
commencing January 1, 1991 through December 31, 1995. Beyond
December 31, 1995, this agreement will renew annually unless
terminated by either-party upon 30 days written notice to the other
party.
b. In the event local water quality criteria precludes
the State from spreading water under this agreement, the State may,
at State's option, terminate this agreement. Such termination by
the State shall not relieve the State of its obligations to pay
19
fees and payments set forth in Article 3 (c) of this agreement uD to
the date of termination.
c. The parties recognize and agree that upon expiration
or termination of this Agreement, Sections 7, 8, and 10 shall
remain in full force and effect.
13. NOTICES;
a. Any notice, request, tender, demand, delivery,
approval or other communication provided for, required or arising
under this agreement shall be in writing and shall be deemed
delivered if in person to an individual or any officer of a
corporate party, or, if mailed, three (3) business days following
deDosit~in the United States Mail, registered or certified, return
receipt requested, postage prepaid, addressed to the party or
parties at the address or addresses of which such party may give
notice in the manner set forth herein:
CITY: City of Bakersfield
Department of Water Resources
4101 Truxtun Avenue
Bakersfield, CA 93309
STATE: State of California
Department of Water Resources
Division of Operations and Maintenance
State Water Project Analysis Office
P. O. Box 942836
Sacramento, CA 94236-0001
AGENCY: Kern County Water Agency
3200 Rio Mirada Drive
Bakersfield, CA 93308
20
14. SUCCESSQRS AND ASSIGNS:
a. The terms and provisions of this agreement shall bind
and shall inure to the benefit or the parties hereto and their
respective successors and assigns; provided, however, the State
and Agency shall not be entitled to transfer or assign their right,
except as between themselves, title or interest in and to this
agreement, in whole or in part, without the express prior written
consent of City, its successors or assigns, and each of them.
21
IN WITNESS WHEREOF, the authorized representatives of the
parties have executed this agreement on the day and year first
above written.
Approved as to legal form STATE OF CALIFORNIA
and sufficiency: DEPARTMENT OF WATER RESOURCES
Chief Counsel Director
Date Date
Attest: CITY OF BAKERSFIELD
City Clerk Mayor
Date Date
City Attorney City Finance Director
Date Date
KERN COUNTY WATER AGENCY
Agency Attorney Name
Date Date
22
; o: ~ (FRIAN -I~ CANAL)''''7' N
, = '-~ - sYoc~o~L~ .~.w~Y-~ KERN WATER BANK
.- ~ ~'" o ...~' KERN FAN ELEMENT
, '~' , ' : '" , :~ PROPERTY
? ..-'~ - :. ~ ~ 'AND
-~ ~ ~- ~-.- ~ CITY OF BAKERSFIELD
~ ..~.. ~ 2800 ACRE RECHARGE
............ ' FACILITY
~..~..~_~L
, ,..~, " EXHIBIT '~" TO DWR/COB/K~A
. ~- ~.. COORDINATED WATER
~ '~ SPREADING AND BANKING
.- , .... ., .~.~.~ ....
- i;t O.ER T ONS GREE E.T
. , .[~[~.! ....... . ..
: .~ "'~, .... ~ ~' ~ ~ :~' ~ -.-
......... ~... i
TAFT.. .I~IGHWAY
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: -.,1 '.. iZ : °
' ' ;'~ o
· ,, · ~!UJ Lo ea .......... ' - LEGEN~
' ~'- ,~ i ....... i .. _e ~ ~ PROPERTY OFFERED FOR
'., "° .... .-aaa~l' ....... ~ SALE
,~, .:r.- : '~ ': :" ' - ' C.V.C. TURNOUT
~ "~? .......... .2-~ ' ~ C.V.C. PUMP~NO PLANT
,~ J ' ' ~ ~ DIRECTION OF FLOW
........... , ......... - ....... o EXISTING WELLS
.... ~? o .... ' o.:-~, ~ ~f. ~ · EXISTING TURNOUTS
' ~'",~' '~,~., ' _'..,.,.,. ~'""~ .......... ,..?' DWR PURCHASE
~ ~ ~APLES
/ . ~ '~, ',] PREPARED BY KCWA
[.S. TETSON ENGINEERS NC,1
1113 I !
CIVIL AND CONSULTING ENGINEERS
3104 East Gorvey Avenue 224 Avenido Del Mar 2171-K E. Francisco Blvd.
West Covina, California 91791 Suite D San Parcel, California 94901
(818) 967-6202 San Clernente, California 92672 (415) 457-0701
Fax (818) 331-7065 (714) 492-2777 Fox (415) 457-1638
Fax (714) 492-1658
San Clemente
March 23, lgg0 REPLY TO:
Mr. Stuart Pyle, General Manager -'~t.,.% LEITER LOILL
Kern County Water Agency ESr_. SENT ~
P. O. Box 58 - -
Bakersfield, CA. 93302-0058 t~E' l;:)ls£gs AT
Dear Mr. Pyle: WATER 60ARt:)
As consultant to the City of Bakerfield Water Department, I have reviewed the draft
report entitled "Urban Bakersfield Water Supply Plan for Improvement District No. 4, Kern County
Water Agency," February 1990. Although I agree with the objective of planning ahead to assure
that municipal and domestic water supplies will be available for the urban Bakersfield area in the
future, it should be kept in mind that the City of Bakersfield took the lead some 25 years ago in
planning for future water supplies for the urban Bakersfield area. The City not only supported
obtaining the municipal and industrial allocation of State Project water to the urban Bakersfield area,
but it expended a great deal of effort and money to obtain a separate Kern River water supply
through the acquisition of the water rights and water properties of Tenneco West, Inc.
The City of Bakersfield over the years has cooperated with other public agencies and
water purveyors in the urban Bakersfield area in making its water facilities and water supplies
available in and around the urban Bakersfield area. The City's water sources represent more than
one-half of the total projected water supply available for the Metropolitan Priority Area of the Urban
Bakersfield water Supply Plan, as shown in Table 4.1.1 of the report.
I see no reason to designate a single wholesale water operation agency, as
suggested at page two of the report. I also she no reason to expand the boundaries of
Improvement District No. 4 of the Kern County Water Agency. Neither of these suggestions creates
additional water or reduces the cost of water. The urban Bakersfield area should not be used as
a vehicle to supply additional surface water to agriculture to lessen economic impacts on
agriculture, as recommended at page 5 of the report.
The overall water management plan for the urban area should be one that provides
the necessary quantity and quality of water for future urban needs. Urban and agricultural water
supplies and water requirements should stand on their own and neither should be used to subsidize
the other.
In'the Environmental Impact Report Re: Use and Disposition of Property and Water
Rights Acquired by the Ci~ of Bakersfield from Tenneco West, Inc., in Settlement of Litigation,
September 29, 1975, page I-4, it stated 'q'he City of Bakersfield has long recognized the need to
assure a long-term, high quality source of supplemental water to meet the increasing needs of the
urban Bakersfield area."
The City of Bakersfield, through its long-range planning initiated some 25 years ago,
has acquired and developed water supplies and facilities to meet the needs of the City and areas
to be annexed to the City. The Urban Bakersfield Water Supply Plan should not duplicate nor
interfere with the City's plans. It shodld 'supplement the City's plans and each of the entities
proposing to participate in the Water Supply Plan should retain the ownership and control of its own
water rights and water facilities. This is not to say that there should not be joint participation in
major facilities which can be commonly used by those wishing to participate in them.
There is no reason to expand Improvement District No. 4 or to create a new water
supply agency to assume wholesale water supply responsibilities and assets of agencies such as
the City of Bakersfield, Olcese Water District and East Niles Community Services District, as
suggested at page 6 of the report. Another layer of government is not needed nor is it desirabli~.
Wholesale water supply agencies are formed to supply imported water: the Kern County Water
agency is a wholesale agency and has committed its imported supplies to its member agencies and
Improvement District No. 4. The supplying of local surface water is the logical responsibility of each
of those who own rights to local surface water supplies.
Creation of an Action Committee, as described at pages 6 and 7 of the report,
appears to be unnecessary. It suggests that all urban water suppliers pool their water supplies and
turn them over to a water supply agency to operate some type of a community wholesale water
supply system. This seems totally unnecessary in that the urban water purveyors have acquired
their own water supplies, have been operating their own systems, have been meeting their water
supply requirements and have been cooperating to assist one another as the need arises.
In lieu of establishing an Action Committee and having such committee consider the
establishment of a wholesale Water Supply Agency or the expansion of Improvement District No.
4 as a wholesale water supply agency, the Urban Bakersfield Water Advisory Committee. could
address the need for the facilities which are described in chapter 5 of the report. As some of those
facilities may be needed in the future, the potential beneficiaries of the facilities can determine what
is needed, what it will cost, how it will be funded and operated and how the cost sharing will be
achieved.
Sincerely,
Thomas M. Stetson
DOMESTIC WATER ENTERPRISE
MAINLINE EXTENSION REFUND AGREEMENT
SPECIAL MEETING
WATER BOARD - CITY OF BAKERSFIELD
April 2, 1990
TRACT or ORIGINAL REFUND 2½%
DEVELOPER PARCEL MAP COST OF COST
DeWalt-Porter Civil Engineering TR #5034-Phase 4 $21,398.00 $ 534.95
2340 Niles Street
Bakersfield, CA 93306
TOTAL ........... $21,398.00 $ 534.95
DOMESTIC WATER ENTERPRISES
MAINLINE EXTENSION REFUND REASSIGNMENTS
Special Meeting, Water Board - City of Bakersfield
April 2, 1990
Tract/
Water Board Parcel Remaining
Reassigned to % No. Map Balance
PROFSERV PENSION PLAN 22% 80-35 W.B. TR #4220 $45,464.42
Cole Lester, Trustee
P. O. Box 222777
Carmel, CA 93922
TOTAL .............. $45,464.42