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HomeMy WebLinkAbout04/05/91 DEPARTMENT OF WATER AND SANITATION PAUL DOW, Manager GENE BOGART, Director of Water Resources FLORN CORE, Assistant Director of Water Resources MIKE SIDES, Sanitation Superintendent, 326-3114 MEETING NOTICE A Special Meeting of the City of Bakersfield Water Board will be held on Friday, APril 5, 1991 at 5:15 p.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 December 10, 1990. 2. Meeting with Committee of the Board of Kern County Water Agency to present and discuss proposed Domestic Water Distribution Plan. FOR BOARD DISCUSSION. 3. Letter from Kern County Board of Supervisors regarding Advisory Committee on Improvement District No. 4. FOR BOARD DISCUSSION. 4. Water Supply Update. FOR BOARD INFORMATION. 5. Request from Loren Ho. dge of the Water Association of Kern County for funding of the 1991 Water Awareness Campaign. FOR BOARD DISCUSSION AND ACTION. 6. Water sale and repayment proposal with Olcese W. d. FOR BOARD DISCUSSION AND ACTION. 7. Groundwater sale to Kern County Water Agency. FOR BOARD DISCUSSION AND ACTION. 8. Proposed annexation to City Domestic Water Service area. FOR BOARD ACTION AND RECOMMENDATION TO CITY COUNCIL. 9. Water Use Agreement between Kern River Interests and Southern California Edison Company. FOR BOARD DISCUSSION AND ACTION. 10. Mainline Extension Agreements between City and DeWalt Corp. FOR BOARD INFORMATION. 11..Set next Water Board Meeting (April 17, 1991 or May 1, 1991). FOR BOARD DISCUSSION. 12. Adjournment. Paul Dow, Water and Sanitation Manager POSTED: April 4, 1991 4101 TRUXTUN AVENUE ,, BAKERSFIELD, CALIFORNIA 93309 · (805) 326-3715 SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD MONDAY, DECEMBER 10, 1990 5:00p.m. The meeting was called to order at 5:15p.m. by Boardmember Salvaggio in the Water Resources Conference Room. The roll was called as follows: Present: Salvaggio (Chairman); Peterson, Brunni A motion was made by Boardmember Peterson to approve minutes of the meeting held August 14, 1990. Motion passed. Mr. Core presented before the Board the Water Supply Agreement between Glen Grundeis and the City of Bakersfield. This agreement would allow Mr. Grundeis to withdraw raw, untreated water from the Kern River for use on a 2.5 acre parcel for domestic and irrigation uses. The water will be $52.00 per acre foot and the meters are to be installed and maintained by the parcel owner. This agreement will be a precedent for future water users along the Kern River. A motion to recommend approval by City Council was made by Board- member Brunni. Motion passed. The License Agreement for Pedestrian Crossing of Carrier Canal between Bethel Apostolic Academy and City of Bakersfield was brought before the Board by Mr. Core. The Bethel Apostolic Academy desires to build a pedestrian footbridge across the Carrier Canal to access property they own. The maintenance and liability on the footbridge will be the responsibility of the Bethel Apostolic Academy. A motion was made by Boardmember Peterson to recommend approval by City Council. Motion passed. Mr. Dow presented before the Board a review of construction bids for the Water Operations Building.. The City received nine bids on the re-bid of this project, and the bids were lower than the prices the City received in August of 1990. Staff reviewed the changes made to modify the building. Following Board discussion Boardmember Peterson made a motion to recommend City Council accept low bid from Piper Devries, Inc., DBA Omega Construction. Motion passed. Mr. Core presented before the Board the Urban Water Management Plan review. This plan review describes the City system, shows past, present and future water uses and needs, that groundwater is the main source of water, and that the groundwater is continually being re- plenished with Kern River water and/or State water. The groundwater supply is of g~ood quality and quantity and there are no projected supply deficiencies. At this time there will be no need for rationing or price increases to control water use. This required plan is to be filed with the State of California by the end of December, therefore, staff is asking Board to adopt this report as presented. A motion to adopt was made by Boardmember Peterson. Motion passed. The meeting adjourned at 5:43p.m. Mark Salvaggio, Chairman F/ ~ City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board KERN COUNTY WATER AGENCY Directors: Fred L. Starrh . February 20, 199i Division I ' Terry Rogers Division 2 John L. Willis Division 3 Michael Radon Division 4 Adrienne J. Mathews Bakersfield City Council Division 5 1501 Truxtun Avenue Henry C. Gamett Bakersfield, California 93301 Division 6 RE: Urban Bakersfield Water Supply Planning : Gene A. Lundquist President Division 7 Dear Councilmembers: The Kern County Water Agency is planning for financing and construction of a Thomas N. Clark wholesale potable water distribution system for the 2010 General Plan area adopted General Manager by your council and the County of Kern for urban planning purposes. We request John F. Stovall that your council refer the matter of a drinking water distribution plan to General Counsel committee and staff so that the City's domestic water planning efforts can be coordinated with the Agency's plan. ./~ truly.yours, /~./- President, Kern County Water Agency xc: Urban Bakersfield Advisory Committee Dennis Triplitt, Chairman Ilk Mailing Address: P.O. Box 58 Bakersfield, CA 93302-0058 : Phone: 805/393-6200 Fax: 805/395.1713 ,GEARY TAYLOR scott Jo~Es C(~UNTY, ADMINISTRATIVE OFFICER MARY WEDDEi.I. JO~ HEINRICH~ ROBE~ ~EVERS Em~ Relat~n~ Olfico¢ COUNTY ADMINISTRATIVE OFFICE February 19, 1991 Board of Supervisors Kern County Civic Center 1415 Truxnmn Avenue Bakersfield, CA 93301 ADVISORY COMMITTEE ON IMPROVEMENT DISTRICT NO. 4 On February 4, 1991, the Board of Supervisors referred to this office and County Counsel the proposal of Mr. Roy Weygand, Executive Director of the Kern County Taxpayers Association, flint the Board form an advisory con.unit'tee on hnprovement District No. 4 (I.D. 4). This report will advise the Board on the potential taaks and formation of an advisory commit-tee. BackgTotmd--I,D, 4 The current structure of the Kern CounW Water Agency zones of benefits was established by the Agency in 1983. These various zones have been created to levy assessments on property receiving benefits specifically derived l¥om State or Federal water contracts. Zone of Benefit No. 7 is Improvement Diz~ct No. 4, serving the urban Bakersfield area (see attacked map). The primary, put"pose of I.D. 4 ia to provide residential water service to its residents. The Kern Count}, Water agency has respo~sibility for the day-to-day operations o[ I.D. 4. Revenues ~om the assessments levied by the Water Agency on behalf of I.D. 4 fund rile operations of a water treatment p .1,3nt, distribution aystem and a share ot operations o~ the Cross Valley Canal, management of a groundwater program~ and bonded indebtechxess. Board of_Supervisors .Iur/sdicriol3 In order to levy -n assessment ttzrough a zone of benefit, the Water Agency must comply with certain statutory requiremem~ 'for setLLng rates. This process rakes place annually, and is subject to approval by the Board of Supervisors. Additionally, the ~oard of Supervisors must approve or dlsapprove, in its enffrety, gte budget of the Kern County Water Agency. Tile Board may conduct public hearings on tire Agency's proposal to levy assessments, create zones of benefit, and the proposed budget. 1415 Truxtun Avenue, Room ~704 ' BAKERSFIELD, CALIFORNIA 93301 (805) 861-2371 Prop0~ed Ad_'tisory Committee The sugge~lion for the formation of the advisory committee came as a result of r_he current scvcrc drought situation and take potential for activities within I.D. 4 that could have future impacts on the amount of the I.D. 4 assessment and budget, Beyond that, because of the Board's responsibility' and authority with respect to assessments and the budget, and because I.D. 4 includes area from all five Supervi~orial Diztrict~ and mo~t of the population of the metropolitan ~aker~field area, it appear~ appropriate to create an advisory committee. Among the topics which the advisory committee might address could include: what revenues and expenditures are attributable to I.D. 4, the current status of projects/facilities, plans for short and long-term capital improvements/maintenance projects, and certainly, how residents of I.D. 4 will be affected by the current drought, etc. There may be other items which the committee may want to review a~ well. It is proposed tha~ the inldal membership of r_hc advisory commi~ee be corn.nosed of one member appuiitied by the Board from each Supervisoriai District. Additionally, a representative from the East Niles Community Services District, California Water Semce, City of Bakersfield, Norfl~ of the River Municipal Water District, and Ofldale Mutual Water Company would be invited to participate. Each of these entkies is a major purveyor of water wit_kin I.D. 4 and could provide valuable ia~put ro rahe committee. The County ^dminisrrar~ve Office would provide some staff support and act as a liaison to the Water 'Agency staff, as needed, ir should be noted, however, that the comnfirtee would necessarily need to rely heavily on Water Agency staff to provide needed Lrfformarion. IT IS RECOMMENDED your 13oard approve the formation of an Advisory Committee on Improvement District No. 4. The County. Administrative Office will contact the water purveyors specLfied above to request raheir participation..As soon as Board appointments to the Committee made, the County Admln~rrative Office will convene the in~ial meeting. /? Sincl ~ly, ell Mar) Actir g County Admirri~n-ative Officer MW:drkid4 cc: Kern County Water Agency Kern County Taxpayers Association °GEXRY TAYLOR g ~ ~ ~ ~ 2 SCO~ ~ONES ~ , r~~, . D~recmr ot Budg~f ~ Finance MARY WEDDELE JOEL HEINRICHS Asslslant County Admmistratwe Officer Dwecior at Policy Anays~s ROBERT SEVER5 COUNTY ADMINISTRATIVE OFFICE March 5,.1991 Board of Superv/sors Kern County Civic Center 4 1991 1415 Truxtun Avenue . Bakersfield, CA 93301 CiTY OF BAKERSFIELD WATER RESOURCES ADVISORY COMMITTEE ON IMPROVEMENT DISTRICT NO. 4 On February 4, 1991, the Board of Supervisors referred to this office and County Counsel the proposal of Mr. Roy Weygand, Executive Director of the Kern County Taxpayers Association, that the Board form an advisory committee on Improvement District No. 4 (I.D.4). This report will advise the Board concerning the existence of an Urban Bakersfield Advisory Committee (UBAC), which already performs this fd'nction, and will describe both the activity level and tasks of this advisory committee. Background -- I.D.4 The current structure of the Kern County Water Agency's Urban Bakersfield Advisory Committee (UBAC) was established by the Agency through their review and creation of Improvement District No. 4 in December of 1971. The formation of improvement districts was needed to expedite solutions to specific problems relating to flood control, drainage and water supply. Specifically, I.D.4 was created to undertake the financing, construction, operation and maintenance of works to provide a supplemental water supply for the Urban Bakersfield area. The Kern County Water Agency (KCWA) has responsibility for the day-to-day operation of I.D.4. Revenues from the assessments levied by the Water Agency on behalf of I.D.4 fund the operations of a water treatment plant, distribution system and a share of operations of the Cross Valley Canal, management of a groundwater program, and bonded indebtedness. UBAC AUthority According to Resolution No. 17-71 adopted by the Board of Directors of the Kern County Water Agency on December 21, 1971, "The Board intends to appoint an advisory committee to advise it from time to time on the construction and operation of the project, which committee shall include persons nominated by the water purveyors and districts, as defined in the Agency Act, within the. improved district." Also, by further reference to contracts executed in 1974 between the Kern County Water Agency and their three (3) customers it states, "An Advisory Committee shall be created which shall consist of seven members. One member shall be recommended by each of the three customers and appointed by the Agency, one member shall be recommended by the City of Bakersfield and appointed by the Agency, and three members shall be recommended and appointed by the Agency." The Advisory Committee is charged with the responsibility of making 1415 Truxtun Avenue, Room #704 BAKERSFIELD, CALIFORNIA 93301 (805) 861-2371 Board of Supervisors · March 5, 1991 Page 2 recommendations to the Agency on such matters pertaining to present I.D.4 projects and other areas that could impact the Water Agency in regard to I.D.4. Current Evolvement of the UBAC Presently, the UBAC comprise's three retail entities which 'contract with the Agency for treated water, the City of Bakersfield, and three Kern County Water Agency appointees as listed: URBAN BAKERSFIELD ADVISORY COMMITTEE CalJ.fornia Water Service Company .......................... Bob Lewis North of the l~ver Municipal Water Disctict ................. Ralph Gffford East Niles Community Services Distyict ..................... Hodge Black City of Bakersfield ...................................... Florn Core Urban representative ................................ Doug Nunneley Industrial representative .............................. Dennis Triplitt* Agricultural representative ............................. Hugh Williams * Cha/nnan Each of the three. Agency appointed committee members are selected so that particular community interests will be represented in recommendations presented to their Board of Directors. ConcluSion The Urban Bakersfield Advisory Committee formally meets on a monthly basis, with more frequent committee meetings scheduled as needed for development of recommendations on actions presented to the KCWA Board of Directors. The UBAC is an active committee whose meetings are well attended with good responsiveness from both its membership and other community members who choose to participate as topics of interest arise. This office has determined that the KCWA has in existence an active and involved advisory committee which appears to provide the same service as the advisory committee proposed by Mr. Weygand. Therefore, it would be a duplication of effort to establish a second committee to provide shnilar assistance and services to the KCWA Board of Directors. Further, the tasks and membership of the UBAC are provided for in the contracts between the Water Agency and its customers. Modifications to the contracts would potentially open the contracts for renegotiation. This office has been advised by Kern County Water Agency staff and I.D.4 committee members that additional community participation is always welcome and involvement by representatives from both the County and the Kern County Taxpayers Association is encouraged. IT IS RECOMMENDED your Board receive and file this report. Ma~y Wendell Acting County Administrative Officer MW: LC :dr\acidn4.bos cc: County Counsel WATER ASSOCIATION CITY OF BAKERSFIELD ct: Kern Count * WATER RESOURCES 2724 "L" Street, Bakersfield, California 93301 Telephone (805) 324-8440 February 8, 1991 Mr. Gene Bogart Director of Water Resources City of Bakersfield 4101 Truxtun Avenue Bakersfield, 93309 Dear Mr. Bogart: The Water Association of Kern County will once again be promoting water conservation through a series of public service television announcements. This program i~ designed to offer information t.o the public regarding the various phases of water development, delivery, management, and use. Water Districts, Agencies, and Associations such as the Water Association of Kern County help provide this message through a number of special media even%s, public service .announcements, school programs and special displays, just ~o name a few · Because of the importance of this program to our area, especially since we are in the clutches of a five year drought, we feel. it is very important to do everything we can to urge our residents to become aware of our water resources and how each of them can help us through this dry period. Therefore ~e would like to request that the Bakersfield City Council, through its Department of Water Resources make a contribution of $5,000 to help with the effort. We have evidence that the program is being well received by the public and tha~ water conservation is important to everyone. We would also like to request to be included on the agenda of your Water Board at an upcoming meeting so that we may explain our program in detail. We appreciate your continued support for this very important and worthwhile program. Sincerely,~ LJH: Ih CC: Rick Wegis - Presi'dent Enclosure BAKERSFiELP .'~IFORH1AN January 20, 1991 City turns faucets down a notch Bakersfield water consumption C I T Y O 'F ~.'~:~ .- CA LI FO R N IA -~ DEPARTMENT OF WATER AND SANITATION PAUL DOW, Manager GENE BOGART, Director of Water Resources FLORN CORE, Assistant Director of Water Resources MIKE SIDES, Sanitation Superintendent, 326-3114 Olcese Water District P. O. Box 651 Bakersfield, CA 93302 AGREEME~ This letter Agreement, made and entered into this ~ day of ,1991 by and between City of Bakersfield ("CITY") and Olcese Water District ("OWD") is for the transfer of Banked groundwater stored in the CITY's "2800 Acres." The transfer from CITY's storage account to OWD's storage account is to compensate OWD for the installation of six (6) groundwater wells installed in the "2800 Acres" in partial compliance with CITY Agreement No. 77-07 and subsequent amendments, including CITY Agreement No. 81-76. La Hacienda, Inc. (LHI) is a California corporation from which, by agreement dated March 18, 1981, OWD derives its Kern River water supply. The OWD/LHI agreement provides for the purchase by LHI of all OWD water in CITY'S "2800 Acres" that is in excess of OWD 13 year water use requirements. This excess water is referred to as Option Water. Any Option Water that is sold, transferred, assigned or otherwise used by LHI shall be charged CITY extraction fees, at the time the water is extracted or sold. The terms and conditions of the groundwater storage transfer shall be as follows: I) CITY will transfer from CITY groundwater storage to OWD groundwater storage an amount of water, valued at $40 per acre foot, to compensate OWD in full for the installation of the six (6) groundwater wells in CITY's "2800 Acres." The balance due OWD, as of 12/31/90, per the CITY 1990 "2800 Acre" Recharge Facility Hydrographic Report, was $871,466.53. Interest on the amount due accrues at the annual rate of 5.36%, and shall be added to the total until the date of the water transfer, 2) OWD will not be required to pay CITY spreading or extraction fees against the water that is transferred in storage. Pursuant to CITY Agreement No. 77-07, OWD will continue to pay CITY extraction fees as the water is extracted, and used by OWD. The CITY extraction fee will be based on the understanding that the water is OWD water for use by OWD, and will only be used pursuant to terms & conditions set forth in Agmt. 77-07 W.B. 3) If LHI sells, transfers, assigns or otherwise uses the Option Water, OWD agrees to reserve sufficient funds to drill and equip two (2) additional groundwater.wells within CITY's "2800 Acre" Recharge Facility. The wells will be of a capacity, that, in combination with the six (6) existing wells in the "2800 Acres," will provide the flows and quantities required in CITY Agreement No. 77-07. The construction of the additional wells shall begin prior to December 31, 1992 and construction shall be pursued with due diligence. If OWD fails to start construction by December 31, 1992, then CITY shall have option to pursue litigation for the performance of conditions of this agreement. 4) CITY and OWD agree that after the additional well capacity is installed and accepted by CITY, CITY shall transfer an amount of stored groundwater from CITY to OWD valued at $40 per acre-foot as 4101 TRUXTUN AVENUE · BAKERSFIELD, 'CALIFORNIA 93309 ,* (805) 326-3715 compensation to OWD for the additional wells drilled, pursuant to Agreement 77-07. Exhibit "A" to this letter shall be attached after this Letter Agreement is dated and fully executed. Exhibit "A" will show calculations on the specific amounts of water to be transferred in storage, pursuant to Paragraph I). Please sign all copies of this Letter Agreement where indicated and return two executed copies to the City of Bakersfield. CITY OF BAKERSFIELD OLCESE WATER DISTRICT Director of Water Resources Manager Chairman, City Water Board President, Board of Directors Acknowledged: LA HACIENDA, INC. Title 2 FACT SHEET PROPOSED WATER SALE AND REPAYMENT AGREEMENT BETWEEN OLCESE WATER DISTRICT AND CITY OF BAKERSFIELD BACKGROUND: On November 9, 1977, the City of Bakersfield and Olcese Water District entered into Agreement No. 77-07 W.B. This agreement gave Olcese the right to construct water wells on the City's 2800 acre property for the purpose of extracting water supplies previously spread and banked by Olcese. The water extracted by Olcese is then exchanged for Kern River water upstream of the 2800 acre site and used for agricultural and domestic purposes within the boundaries of Olcese. As of April 1, 1991, Olcese has installed six water wells upon the 2800 acre property and conveyed these extraction facilities to the City. As set forth in Article IV of Agreement No. 77-07 W.B., the City is to repay Olcese for installation of water wells by giving Olcese credit for all Olcese extraction charges until Olcese has been repaid the actual cost of the wells plus interest. PROPOSAL: City of Bakersfield proposes to sell to Olcese Water District, in-place, approximately 22,000 acre-feet of City water currently banked underground in the 2800 Acre Recharge Facility at a value of $40 per acre-foot. In lieu of cash payment by Olcese to City, City shall be relieved of its obligation to Olcese under the terms of Article IV of Agreement No. 77-07 W.B., "REPAYMENT TO OLCESE FOR CONSTRUCTION OF WATER WELLS." PRICE: The sale of City banked ground water to Oicese has a purchase price of $40 per acre-foot. Olcese credit from City for construction of water wells as of April I, 1991 was approximately $880,000. QUANTITY: Approximately 22,000 acre-feet. LOCATION: The water is currently stored in the City's ground water storage account within the 2800 Acre Recharge Facility. USE: The water sold by City to Olcese will be used by Olcese pursuant to the terms and conditions set forth in Agreement No. 77-07 W.B. IMPACT: The City, as of April 1, 1991, holds 263,568 acre-feet of banked water in its 2800 Acre ground water storage account. The water sale, as proposed, will reduce the City ground water storage account by approximately 22,000 acre-feet and increase the Olcese ground water storage account by a like amount. " ~- --'~ MAR 22 'gl 14:4~ KC I...IATER A~SEI',tCY ' F'.2 March 19, 1991 Mr. Paul Dow City of Bakersfield Department of Water Resources 4101 Truxtun Avenue Bakersfield, CA 93309 Dear Mr. Dow:' This letter expresses the Kern County Water Agency's interest in acquiring 20,000 acre-feet of imported banked water from the Cit3:. It is planned to extract the water as part of the Agency's 1991 Emergency. Oround Water Recovery Program, The attachment lists our understanding as to the general terms of the arrangement. Please review the llst and let us know if these terms are acceptable. Very truly yours, Thomas N, Clark General Manager /kb Attachment ~-C,~ I"lAR, 22 '91' 14:45'KC: HATER AGEHC'f ' F'.:3 Proposed Provisions Regarding Agency Purchase of Water Banked by the City of Bakersfield 1) Agency agrees to purchase 20,000 acre-feet of floodwaters which entered the watershed via the Friant-Kern Canal and were recharged into the ground water basin by the City in the 2800-acres area. ' 2) Agency agrees to pay a price of $50/acre-foot in the ground. i 3) City agrees that tim Agency can pump water"from the ground water basin using any wells ~ to which the Agency has access, including wells (both inside and outside of ID4) leased from ':; landowners along the Cross Valley Canal, River Canal and Alejandro Canal; wells located ~ · 'i in the State's Kern Water Bank; Agency wells on the Berrenda Mesa property; City wells , within the 2800 acres; Agency wells within the 2800 acres; and proposed new IDa wells. [. 4) If the water is pumped from City wells on the 2800 acres, the Agency agrees to pay fees for power costs, operation malntenance and replacement, and capital in accordance with prior ' agreements between the City and the Agency which provide for Agenc7 use of Olcese Wells ~ Nos. 1 through 6, and Domestic Pump Stations CBK 22 and 24. However, the Agency would not pay fees for depletion allowance or for extraction facilities use fees. ,~ 5) Agency recognizes City/Olcese Water District priorities for the use of the City wells and ~ requests a priority use in 1991, where the Ctty/Olcese have discretion regarding well use by .i others. i 6) City agrees to Agency use of the River Canal for conveyance of any banked water, regardless of the location of the pumping well. 7) Agency agrees to pay $1.87/acre-foot for all water conveyed in the River Canal. 8) Agency to supply llst of wells proposed to pump into River CanaI for blanket Clty approval to encroach on River Canal right-of-way. /kb CITY OF BAKERSFIELD DOMESTIC WATER DIVISION SERVICE AREA MAP  ,~ EIO,~TI~G BOUNDARY t~''a%~ / .- ... .. - ~ PROPOSED EXTENSION. ~' / ' 30,1980 " ~ - J~sol~tior~ no. 80-1 ~, ~ M=rol~ 15. 1982. / / ~ Secl'/~n 21 ~.. a~lition o~ce~ Octob~ ~, 1985 ~ ~ ~g J~y 16. / ........ ~ *~ ' ~'~ 1986 19. f986. ~=e~e~ ~ 30. 1989. KERN RIVER WATERMASTER ROOM 705, 1415 - 1Bth STREET ,.o. sox,,95 ¥ BAKERSFIELD, CALIFORNIA 93302 {805) 325-3116 ,J/~N 2, 4 1991 ~nu~r¥ 23, 1991 CITY OF BAKERSFIELD WATER RESOURCES BUENA VISTA WATER STORAGE DISTRICT NORTH KERN WATER STORAGE DISTRICT TULARE LAKE BASIN WATER STORAGE DISTRICT KERN DELTA WATER DISTRICT HACIENDA WATER DISTRICT CITY OF BAKERSFIELD RE: Consent for Southern California Edison Company to wheel Isabella Power Plant Power Gentlemen: Over the last several months, we have had before us a request by Southern California Edison Company (SCECo) wheeling power generated by the~ newly constructed Isabella Power Plant over its lines which consent is pursuant to the "1904" agreement between the Kern River Interests and SCECo's predecessors. Attached is a copy of this consent prepared by Scott Kuney and executed by SCECo. Would you please have the extra eight signature pages executed and return them to me so we can finalize this matter. Very truly yours, C. H. Williams Kern River Watermaster CHW:a Attachments WATER USE A~REEMENT THIS AGREEMENT, made this day of January 1991, .by and between BUENA VISTA WATER STORAGE DISTRICT, NORTH KERN WATER STORAGE DISTRICT and TULARE LAKE BASIN WATER STORAGE DISTRICT, each of which is a water storage district duly organized and existing under and by virtue of the laws of the State of California, KERN DELTA WATER DISTRICT and HACIENDA WATER DISTRICT, each of which is a Water district,' duly organized and existing under and by virtue of the laws of the State of California, THE CITY OF BAKERSFIELD, a California municipal corporation, duly organized .and existing under and by virtue of the laws of the State of California, First Parties, and the SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, hereinafter called "Edison," Second Party, W I T N E S S E T H THAT WHEREAS, A. The First Parties are the successors in interest of the parties of the first part, and Edison is the successor in interest of the party of the second part, respectively, under each of the following agreements: (1) Agreement of December 23, 1904, between Miller & Lux, a corporation, and others, as parties of the first part, and Kern River Company, a corporation, as party of the second part. (2) Agreement of April 4, 1912, between Miller & Lux, Incorporated, and others, as parties of the first part and said Kern River Company as party of the second part, amending the above-mentioned agreement of December 23, 1904. B. The above-mentioned agreement of December 23, 1904, contains as Paragraph Twenty-Third the following provision: "The Kern River Company shall not at any time construct any reservoir for the purpose of gathering, holding or impounding any water flowing in Kern River or which may be precipitated upon the watershed of Kern River and will not use, unless it shall previously have obtained the written consent of the plaintiffs thereto, any water which may be stored or impounded or gathered in any reservoir by any other person nor will it, if any other person or persons shall construct a reservoir or reservoirs for said purpose, ever at any time, unless it shall have previously obtained the written consent of the plaintiffs thereto, permit any part of the plant or transmission lines constructed, owned or operated by said Kern River Company to be used to transmit power which may be generated by use of water stored in such reservoir or '.reservoirs, nor will said Kern River Company, unless it shall previously obtain the written consent of the plaintiffs thereto, purchase or be in any manner interested in any ~ower so generated." C. Pursuant to further provisions contained in Paragraph Twenty-Fourth of said agreement of December 23, 1904, a decree was made and entered December 29, 1904, by the Superior Court of the State of California in and for the County of Kern, in Action No. 4739, ent~itled "Miller & Lux, et al., Plaintiffs, v. A. Brown Company, et al., Defendants," providing in part as follows: "NOW, THEREFORE, it is adjudged and decreed by the Court that the defendant, the Kern River Company, and its agents, servants and attorneys, and all persons claiming by, through or under it, be and they hereby are forever enjoined and restrained from constructing any reservoir or reservoirs for the purpose of gathering, holding or impounding any water flowing in Kern River, or which may be precipitated upon the watershed of Kern River, and if any other person or persons shall construct a reservoir or reservoirs for said purpose, ever at any time, unless it shall have previously obtained the written consent of the plaintiffs, thereto, from permitting any part of the plant or transmission lines constructed, owned or operated by said Kern River Company to be used to transmit power which may be generated by the use of water stored in such reservoir or reservoirs, and unless it shall previously obtain the written consent of the plaintiffs thereto, from purchasing or being in any manner interested in any power' so generated." Said decree is recorded in Judgment Book 9 at page 348 in the office of the County Clerk of the County of Kern, State of California. D. Central Hydroelectric Corporation, hereinafter Called "CHC," by license granted by the Federal Energy Regulatory · 2 Commission (Project No., 8377-001), is in the process of constructing a hydroelectric power plant to utilize water r'eleases from the Isabella Project Main Dam outlet tunnel. Isabella dam was built by the United States Department of the Army, Corps of Engineers for the purposes of.providing flood control on the Kern River and for regulating storage of water to which the First Parties hold rights thereto. The CHC power plant is intended to generate electrical power by the regulated flow of the Kern River released through said Main Dam Outlet Tunnel. E.. .CHC has requested that Edison utilize a portion of Edison's transmission lines to transmit and purchase power which may be generated by the use of the power plant constructed, owned or operated by CHC. Edison has applied to First Parties for their consent to the transmission and purchase of power generated by the storage of Kern River water pursuant to the provisions of Paragraph Twenty-Third of said agreement of December 23, 1904, and pursuant to 'the provisions of said decree of December 29, 1904. NOW, THEREFORE: 1. In consideration of the covenants of Edison hereinafter set forth the First Parties hereby give their consent pursuant to the provisions' of Paragraph Twenty-Third of said agreement of December 23, 1904, and pursuant to the provisions of the decree of December 29, 1904, mentioned above, to Edison's transmittal and purchase of power generated by the release of the. waters of the Kern River through the Isabella Main Dam outlet according to the flow release schedule specified by the United States, Department of the Army, Corps of Engineers, at the powerplant owned; constructed and operated by CHC. 2. In consideration of the foregoing consent Edison agrees with the First Parties and'each of them that all'of the applicable covenants and provisions of said agreement of' December 23, 1904, as amended, will be observed by Edison with respect to the foregoing consent of the First Parties. 3. In further consideration of the foregoing consent of the First Parties, Edison hereby covenants and agrees with the First Parties and each of them that neither the foregoing consent, nor any Edison transmission and purchase of power generated by CHC'by means of gathering, holding or impounding the flowing water of the Kern River, shall ever create or constitute a right or a basis for a right or claim of right as against the First Parties or any of them to demand, require or request the release from Isabella Reservoir at any time or times of water stored therein. 4. The parties agree with each other that this agreement shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. 3 ·, ~ ~ IN WITNESS WHEREOF, the parties have executed thisAgreement · in five counterparts effective as of the day and year first above written. BUENA VISTA WATER STORAGE DISTRICT NORTH KERN WATER STORAGE DISTRICT TULARE LAKE BASIN WATER STORAGE' DISTRICT KERN DELTA WATER DISTRICT HACIENDA WATER DISTRICT CITY OF BAKERSFIELD FIRST PARTIES DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION REFUND AGREEMENT SPECIAL MEETING WATER'BOARD - CITY OF BAKERSFIELD April 5, 1991 TRACT or ORIGINAL REFUND 2½% DEVELOPER PARCEL MAP COST OF COST DeWalt Corporation 'TR #5034, PH 5 $ 44,582.50 $ 1,114.56 2340 Niles Street Bakersfield, CA 93306 TR #5033, PH 2 20,569.00 514.23 TOTAL ............ $ 65,151.50 $ 1,628.79