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02/10/93
WATER BOARD M a r k S a lv ag g i o, Chair Con ni Brunni D a n i e i ~. Kan e SPECIAL MEETING WEDNESDAY, FEBRUARY 10, 1993 WATER RESOURCES CONFERENCE ROOM 1000 BUENA VISTA ROAD 5:15 P.M. Call meeting to order. Roll Call - Board Members. 1) Approve minutes of Special Water Board meeting held October 7, 1992. 2) Election of Water Board Vice-Chair. FOR BOARD ACTION. 3) State Water Resources Control Board Draft Decision 1630. FOR BOARD DISCUSSION and ACTION. 4) Draft Ordinance to prohibit the pumping and taking of groundwater from lands that are developed within the City. of Bakersfield. FOR BOARD ACTION. 5) Update on Master Plan for water supply to northeast Bakersfield. FOR BOARD INFORMATION and POSSIBLE ACTION. 6) Non-exclusive water line and canal easement agreement with Kern County Water Agency to divert spreading water onto Berrenda Mesa property west of Stockdale Bridge. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 7) Discussion of property owner water rights at Buena Vista and Pacheco Road. FOR BOARD DISCUSSION. 8) Mainline Extension Agreement with The DeWalt Group, Inc. and Tract 5445 Partners. FOR BOARD INFORMATION. 9) Mainline Extension reassignments. FOR BOARD INFORMATION. 10) Set date and time of next Water Board Meeting. FOR BOARD DISCUSSION. 11) Adjournment. PAUL DOW, MANAGER POSTED: February 9, 1993 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 * (805) 326-3715 SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, OCTOBER 7, 1992 5:15 P.M. The meeting was called to order by Boardmember Salvaggio at 5:22 P.M. iff the Water Resources Conference Room. Present: Salvaggio, Chair; Peterson, Vice-Chair (seated at 5:47 P.M.); Brunni A motion was made by Boardmember Brunni to approve the corrected minutes of the May 5, 1992 meeting and the minutes of the Special Meeting held August 25, 1992. Motion passed. For Board information, a conceptual outline for the retention of State Project water within Kern County was brought before the Board by Mr. Bogart. Mr. Bogart then introduced Mr. Tom Clark and Mr. Gary Butcher representing the Kern County Water Agency. Mr. Clark addressed the Board to give them an update on this issue, and explained that as water comes into the county from the California aqueduct, the KCWA is the master contractor representing all of the county, KCWA then contracts with individual districts. One of these districts is ID4, which was created to bring water into the urban area. On the westside of the county, Lost Hills, Berrenda Mesa, Belridge, and Wheeler-Ridge have no significant quantities of usable groundwater, so they rely 100 percent on the State Project water. In order to keep it in Kern County, the KCWA is trying to develop a plan to purchase this water if it becomes available from these westside districts. Mr. Dow confirmed that the City also wants to keep this water within Kern County and stated that City staff will continue to work together with the KCWA and others. When there is a firm proposal for a solution, then this issue will be brought back before the Water Board. A motion was made by Boardmember Brunni to this effect. Motion passed. Mr. Dow presented before the Board, for information, the response from Assemblyman Trice Harvey regarding the status of SB 959 (Water Tax). This Bill died in the legislative process. Boardmember Brunni asked how the local legislators voted on this Bill. Mr. Dow indicated staff would find out and let her know. An agreement to construct an interconnection with California Water Service Company on Stine Road just south of Panama Lane was brought before the Board by Mr. Hauptman. A motion was made by Boardmember Brunni to recommend approval of this agreement to City Council. Motion passed. The Domestic Water Operations Agreementwith California Water Service Company was brought before the Board by City staff. Mr. Dow proposed that this agreement be sent to the City Attorney's Office for final legal review. Boardmember Salvaggio asked the cost of the contract. Mr. Dow said the cost would be $6.33 per customer per month. Boardmember Brunni wanted to know ff this agreement would be good for 3 years. Mr. Dow confirmed it would. Boardmember Peterson made a motion to recommend approval to City Council. Motion passed. The annexation to City Domestic Water Service area was brought before the Board by Mr. Bogart. This is in response to several requests for "Will Serve" letters, one area is in the City limits and one area is pending annexation. Boardmember Brunni made a motion to recommend approval by City Council. Motion passed. The next meeting date for the Water Board was set for November 24, 1992 at 5:15 P.M. Boardmember Brunni said she would be representing the City Council at the League of California Cities the following week and asked staff for recommendations regarding Resolution 20 (water transfers). Mr. Stetson, City's consulting engineer, disapproved of this Resolution. Mr. Dow stated that any .water transferred from this basin would be very harmful. Staff will get together some background material for Boardmember Brunni to present to the Resolution Committee. A motion was made by Boardmember Peterson at 6:20 P.M. to adjourn the meeting. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board 2 NOTE: AGENDA ITEM 3 A DRAFT LETTER TO THE STATE WATER RESOURCES CONTROL BOARD REGARDING DECISION 1630 WILL BE AVAILABLE FOR THE WATER MEETING. STATE OF CALIFORNIA ~ PETE WILSON. Governor STATE WATER RESOURCES CONTROL BOARD ~ PAUL R, BONDERSON BUILDING 90,J P STREEI' P.O. BOX 100 SACRAMENTO, CA 95812-0100 ~ (916) 657-0990 fax (916) 657-0932 F~ ~ .or,~ STATE ~JA'[ER RESOURCES CONTROL BOARD 14EETING CITY OF BAKERSFIELD NOTI£E OF R£VISED SCIIEDULE FOR £ONSIDERATION OF DRAFT WATER RESOURCES YJA'I'J~R RIGIITS DECISION 1630 ES'I'AI~LISIIIIIG TERMS AND COlil)I'rloNs F'OR IN'I'I!RIM I)I~OTFCrlOI-I OF 'IIIE PUBLIC 'I'RUST USES OF TIlE SAN I:RA~JCISCO BAYJSACRAMEtITO-SAN JOAQUIN DELTA ESTUARY The Board has received hume:roes r'c:quests, to extend the time allowed for receipt of written comments on draft Decision 1630. The requests cite the complexity of the decision in asking for additional time to evaluate its impacts. Director David Kennedy of the Department of Water Resources has requested an extension of at least one month, and has stated his opinion that the additional time would not foreclo:;e any options for further regulatory action. The Director has also stated that 1993 water allocations will be made on a conservative basis 'in an effort noL to prejudice further regulatory actions~ A letter submitted on behalf of R(~gional Director Roger Patterson of the U. S. Bureau of Reclamation requ~:sts that the comment period be extended to February 12. l'he Bureau advised that it is currently operating the Central Valley Project in conformance with thc: provisions of the reverse flow criteria contained in the draft decision as an interim acLion to protect the winter run sa l mon. Notably, the Department of Fish and Game, by mP. mor,lndum submitted on behalf of Director Boyd Gibbons° has stated that it has no objection to a 30-day time extension. The Board considers the statement:; made by the two primary project operators to be compelling reasons to allow more time for analysis of the draft decision by the parties. Therefore, the period for ~rec~ipL of written comments is extended to: Tuesday, February 16, 5:00 p.m. m' ' : = .. -- over -- *; JAN 9~ l~: 45 : and the Board meeting to consider adoption of the draft decision is rescheduled for: Monday, March 1 -- 9:00 a.m.* Monday, March 8 -- 9:O() a.m., if necessary Tuesday, March 9--- 9:0() a.m., if necessary First-Floor Auditorium The Resources Building 1416 Ninth Slreet, Sacramento Please note at the March 1 meetin(i time limitations on presentations of oral comments may be imposed. The State Board requests that oral comments be kept short. Also, please note that the evidentiary record is closed and parties should not attempt to introduce new evidence at this time. The Board is currently compiling an errata package to correct discrepancies in the wording of the draft and to clarify the Board's intent in several instances. The errata package will be forwarded under separate cover within the next week. Questions should be directed to Dave Beringer at (916) 657-2187 or Barbara Leidigh at (916) 657-2102 Maur~n March~ N' ~ Admini~'trative Assistant to the Board · Dated: January 12, 1993 Please note the January 25, 2t~ and 29, 1993 meeting dates are cancelled. :, F"d' ~/ , ;..,, .., ~'., L ..' /.W"b" .~. ..'/ .:.... ?........~.. _~ .~. ~,~..'.,..~':& ?, "fl ~- ~. .: ~7>'">~: ...... x,k'--', .;/---' ,'t "~... · ,~- -~ .. - d ~ (- ,, ,...,~e /~ /'.~,_.-~----~. /\r'~ '-- \~ ,.~"~'~.- ,.-. ,~,,-,- Water. Right ~,, · Decision 1,630 DELTA ESTUARY DECEMBER 1992 STATE WATER I~ESOURCES CONTROL BOARD CALIFORNIA ENVIRO~NTAL PP. OTECTION AGENCY" :iECCiVED ],EC; 0 ;~ONICK MOSKOVI'rz ~E~EMANN ~'. GIRARD STATE OF CALIFORNIA Pete Wilson. Governor CALIFORNIA ENVIRON;~,ENTAL PROTEC'TION AGENCY James M. StrOCK. Secret ~ ~, STATE WATER RESOURCES CONTROL BOARD P.O. Box tOO ~ Sacramento, CA 95812-0100 (916) 657-2390 W. Don Maugtmn. Chairman Eriseo Saman~ego, Vice Chairman John Caffre¥, Memt~er Marc Del Piero, Memt~er James M. Stubcltaer, Merrier Walt Pettit. Executive Direc.or Dale Claypoole. Deputy Director STATE OF CALIFORNIA STATE WATER RESOURCES CONTROL BOARD D '-_n %ne ~.:atter of Perm£=s and Licenses Liste~ in Table I o~ DECISION 1630 -_~,is Decision held by various iiver=ers c~ wa=er from =he -.:a~ersnees c! %ke -nannels c ~ ~e SAC~EMTO- E~ JSAQUI~; DELTA. DECISION ESTABUSHING TERMS AND CONDITIONS FOR INTERIM PROTECTION OF PUBLIC TRUST USES OF THE SAN FRANCISCO BAY/SACRAMENTO-SAN JOAQUIN DELTA ESTUARY F T /.'ovemver .-. :F92 £ ~.E~3~ Y ...................................................... ..... TROuU~__~N ........................ 22. EEQUIKE~-[EYTS .......................................... 3 A. Urban ~.~ater ~se ................................... 3 .. 2oncius$ons .................................... 3. Ae~uiremen~s ................................. ~6 5. Agr~ruiturai Water Use ........................... [~ 2. '&nc±us~ons ........................ · .......... 2~ : ?eauir~men~s ,D C. Fish an~ Wiidli~e ................................ z~ 1. Findings ..................................... 27 A ~. Hydrology ..... ' ........................... 2S ~.~ Public Trust Resources ..................... 2. 2onciusions .................................. ~ ~ 7. ecuiremen~s ................................. ~ F ~ i I. iY3LE~.ENTAT I ON ....................................... 50 A. Water, >[itication, and Monitoring Funds .......... 50 '50 1. Findings ..................................... 2. 2onclusions .................................. 53 3. Requirements ................................. 54 a. Water .................................... 54 b. Mitigation Fund . ......................... 57 i. ','ovemDer :~ :;92 c. Moni.uoria7 Funs .......................... 5. Moniuoring ana Repcruing Program ................. !. FinGings ..................................... 2. Conc!usicns .................................. 3 Reauiremen~s ............................ - Water SuDpiy Reliability ~ D 1 Findings 2 Conclusions 3. Reouiremen~s ................................. ~7 ~. Modification Processes ........................... .. Findings ..................................... 2. Conclusions .................................. 3. Requlremen~s ........ . ......................... IV. LONG-TERM GOALS ...................................... A. Generally ........................................ ?0 B. Fishery Managemen~ Measures ...................... C. Water Supply Managemen= Measures 2. Water Supply DeveioDmen= .. ........................ 72 F V. EFFECTS OF THIS DECISION ............................. 74 A. Projected Effects o~ Standards and Implemenua~i0n 7a 1. Effect on Fishery Populations ......... ' ....... 74 a. Salmon ................................... 76 T b. Striped Bass ............................... 77 c. Othe~ EStuarine Species .................. 81 2. Effect on Water ....................... £nv~r:r~.en~ai iuaii;v Ac~ ........................ ~. _. Zxem~:n .................................... i} _. ixcectlcn %2 ExemTu2un ....................... }2 ','I. AUTHORITY TO ACT ~{D LEGAL CBLiGATICNS OF THE PA~T!ES ..... ' .................................. 9~ 0 A. Authority ~ Ac~ :~ B. Legal Responsibilities of Par=les ............... 103 %RDER ' '97 'iii. )vemver STATE OF CALIFORNIA STATE WATER RESOURCES CONTROL BOARD 2n %ne Matter cf Pm:mina aha k:censes !Ls=ea 2n' Tab;= - -~ DECISION 1630 %%is Dec~sion held by varicus ~ver~ers o~ wa%er from · ~a=ersne~s o~ the SAC~ENTC- ~ JCAQUIN DELTA and fr~m ~na ~ D ~nannels ol the SAC~ENTO- S~ JOAQUIN DELTA. DECISION ESTABLISHING TERMS AND CONDITIONS FOR INTERIM PROTECllON OF PUBLIC TRUST USES OF THE ~AN FRANCISCO BAY/SACRAMENTO-SAN JOAQUIN DELTA ESTUARY SUMMARY ibis ','a~er -'-!gh: decisiun .-.ecessari!;; cakes in:o acc=u=: ~:i". :.~.e neeas of pumlic crust resources and c.~e needs of water users. purpose is co require reasonable measures chac will s:o~ eke decli.~e and beg,in :.~e recovery cf public true= resources ir. :he Sa.-. £rznc'2$co 5ay/Sac:amen:z-San .'caaucn Deice Esau=r? duri.~ £.-. in:..c= 5-year r~.rlc=,"-,,= ;ong-cerm $:an~ar=$ are ,.re,are= Primary causes of the decline are the ex.Do:: of wa=er from Sa:r--ne%rD River '.'ace:shed u$inz pumps in the sou~nern Delta '.ne proiongea drought. '.he 5mica ~s a cri:lcai 2!rj< fur projects ~'nict. :ransfer wa=er from :ne nor:kern par: of.the 5:a=e =o areas sou:2; .r wast cr :he Del~a. ' -~ .... p ........ $~ .'=-sources while main:ai.'.icg ~a=er supplies. :his ~ecision requires measures cha: will cause a skil: in some expor= pumping fr=m =he ta~e wiater, sprin¢ and scram, er =eriod$ which are i~-por:an: ~o public true,' :rorec:icn. :he J.a:e fazi and early ~=n=er periods. This decision aiso provides skor:- term fiuw increases ',ha¢ will aid fish.m~racion. i: also requires s~eps :o improve wa=er supply reiiabilicl. New Standers .Specifically, :his decision includes ¢he follo~n~ additions the exiscin$ flow and salir~=7 reqt~iremea=s: ~ i. On the average, :here mus= ke no r~verse f!ows,~n the western Delta from February ! :brough Juae 30. This will increase Delra ou:flow and reduce De!~a expor== durin~ =his period. _. :-.everse flows in :ne western Del ca snail hoc excee~ an ~verage negacive flow of !.000 cubic feec per second from J:~v !-~1 and 2.000 cubic feec per secona from August :nr~u~n Januar~ 31. (Sec=i~n ~' S.3.; i. 5gri~E:ize ouise flows are required from bo=~. =he Sacramen=o ~n= :ts San Joa~uin Rivers :s held rrans~or: 3-c~ salmon an= s:rlTeC bass ~hrough =he feima an= iz:: 5~s~ Bay, ('Sec:lon ~. f=ll guise flow is require= from the San Joaq~n River hei~ a==rac= mi~ra:in~ San Joaqui~ Chinook sawn. 5. New requirements are placed on ex~or: p~ing duri~ April. · ~7 an~ June in dr7 and cri=ically dry years: durin~ April in we=. abo~e no~i. and below noel years: and durin~ · prin~ pulse flow from ~he San Joaquin ~iver. 5. ~eaz-~me ~na~emenc of :ne Oelca Cross Cha~e~ ~aces requlre~ from february 1 chrouEn June 30 ~o procecc salmon stooled, youn~ fish. e~ds. and larvae from diversion inco cennral Delca. The ~aces will be closed ~en real-time mo~corln~ shows cflac siE~ficanc n~ers of sawn zoun$ fish, e~$s. and la~ae are presenc or are suspecced co be presenc., a~d ~ili be opened ~en s~l=s and ocher 7o~ fish are hOC presenc. (Sec=hon ii.C.3.) Broa= urban waner con$ervacion mea~ure$ are required. (Sec=ion ii.A. 3, ) 8. lequiremencs are esnablished =o l¢~Yc Eeep percolacion of a~plied a¢riculcural irri¢a=ion wacer ic areas ~ich a~rlc~2cural drainage pro,!ems in che ~'es=ern San Joaqu~= 7ailsZ. (Secc~on Ii.B.3. ~ 9. .~eq~r~encs for dece=~n$ che a~l ~cer deliveries b7 che S~ and che C~ are escablished co improve cbs reliabilici of ~acer supplies. (Section IiI. S.3.) ~tiEacion and mo~corin~ fees are es~ablisfled co addi~io~l ~ci~acion measures and ~o discribuce fairi7 che coscs of monicorf~. Fp ~o 60 ~ilion dollars per year will " be collecced co pa7 for ~ci~acion projeccs. ~Seccion III.A. ~uC~oki~acion'a~ ad~uscmenc AcC, of '1992) are. applied in acCo~ce wi=h sna=e law and in a' ~er ~ha= ~akes acco~ ~he- reasonable needs of'all beneficial uses of (Section III.A. ) 2. SUMMARY :==l emen".a :'_ ?::= f_~.._i Jan:ra2 ;~lley .~:_--:__: aha _ =,"=-'= =,'- .-::~ $:ace Wacer Pro~ec'. :':22 .-~_--.~n ]o~.n=2;,· and save=ail;' resoons~kle i.-. this decis£on --.~-e=i.'.= =-ii of =he saiini=v a.-.~ '.'!-.'~ s~an=ards for =he SaylOel=a £~:uarr. However. 2~.is ~eci£22.-. establisi~es responsibilities cf ~rec=fied wa=er rich= kolder~ :_' contribute :: pulse flows. _. ".he amount of wa=er =ha= i:r~_e wa=er £:orage projects must con=rlbu=e ~o uuise flows cs based c.-. tk.e unlmoaired flow z= :herr :r'Lbucaries and =ne proporc'Lonace size of =heir D reservozrs. '.he maxzmum =.'=al con=r'Lbucion required fr°m affected san Joaqu~n River wa=er rich= holder= for pulse flows ',,ii! be 1~0. 000 acre-fee= -_er year. .. Dur:cg pulse flows direct ~.ver=ers of 120 cumic feet per seccn~ or more are r~.cuiro, c '.u cesse diversions for five ~av$ __.er .................. b-_ins z._r.''L-_d b;' '~e claws. R Effects of This Decision .. 2om~ared ~ich average ~er ~_xmor'.s fur!sa. =~e base per,Lcd e$c~---~=i.-.g environmental effects (i.-e.. before the drought altered wa=er demands and deliveries (198~-1989)), :he Board predicts, based on :he use of Department of Resources' models. =hat '_'.'.~er '.his decision. :he average A annual export of wa=er =ur'L~g =he Case period would be 5.2 ~nillion acre-fee=. .'he !ong-cerm average annual export during =he ?O-year period cf record-keeping ~ould be., 5.6 m, zllion acre-fee=, in both =t.e i984-1989 base period over :he 70-year period of record-keep,_.'.g, :here would be subs=ant:al va=la=ions fr== :base averages in individual' · ':ears. .'he average exDor'. ~urlng ~-5._~ b=_se .~ericd was ' 5.2 .-._'i!i~.n acre-feet: :ne ~.;~hest exoor: ',-as 6."- acre-fee= ,-'.~ 1989. F on =he average, future exports ma7 fall short of D-I485 estimates by 0.8 million acre-feet =er )'ear and in certain cri='ical periods could be as high as 1.9 million acre-fee= per year. ThSs interim dec, eib=. requires wa=er conservation =o help wa=er users in ~he export areas meet their needs. '~a~er transfers also are available co ensure adequate wa=er supplies in =he interim period of c,~is dec~sion. These measures should adequately supply increased populations during the interim period 2. This decision generally'~wili s=abilize and begin =he recovery of =he public =rust resour, ces..in =he ..Es=usry comoared current conditions. A i~o~g-t~rm goal-of.. these proceedings is - co restore fishery pop~la=ion~ to leVels whicheXis~ed:~: earlier. However, i= would not be reasonable ac thi's time ~o require additional operational measures ch&= could fur=her iimi= '.he water supply ~Or 'cohsump.=ive uses .... If 'neceSsary to "' 3. SUMMARY .'/ovem~er iZ I992 :espon~ :c cka.-.z, es in c'-':c'~,$cance$, ::'.e 6cate ~e~ $oa~d ~7 approve a~ua~ vzriances from :~is dec~sion if :hey vi~! hoc a~verseiy affect :ne enVZr~r~enc. T.~is decisio~ provides direction for :ke use of ,,~ co the 600,0S0 acre-fee: per ann~ of Central ;,'alley Project water requzrea by recent federai le~zsZacZon :~ be used for fis~ an= wildlife procec:~on. D BY THE BOARD: h INTRODUCTION The San Francisco Bay/Sacramento-San Joaquin Delta Estuary ,~Ba¥/Delua Estuary cr Estuary) is at the center of California's wauer Si!emma. The neea for water uo be expor:ed from the Bay/Del%a Estuary is oDvious. Millions of people rely upon the water exported from ~he Bay/Delta Estua~-.,- for municipal, indus:rial, and ag~icuiturai purposes. At.~h~ same tLme, =he detr/~nental impact-cf these exports on fish 'and:wildlife living in or going through =he Delta has been clearly, established. This impact is recorded' and docLu~ented.in prior State Water Resources 'Control Board (State Water Board or. Board) de.c~.~ions, water quality control plans, and in the publications:of o=her involveu public agencies.1 .. The purpose of this Cecision is to a~dress the proDlems of the Bay/Delta Estuary in a fair and meaningful way. This decision establishes interim measures and long-te~ protection goals to ensure that the public trust uses of the Delta are reasonably protected and the available water supply is reasDnably used. TO achieve the purposes of'this decision, the State Water Board will amend the terms and conditions in the water right already issued ~o the Depaz-~men~ of.-W&ter Resources (DWR) for the State Wa~e~ pro,~-~c~ (sWP) and 'to the U~ited States Bureau of ~ t. ',.~- . i -'. ' ' . ' ', · ~ Reclamation-(USBR)-for the federa~.~tr~l.~alley Project (CVP). · ,.~ £ " -.. ' "T: .% 4. SUMMARY .',3vemoer - 2992 -..~ aec!sicn aiso s~ecifi'es ixi-'~; -~suonsibiiities of other 2a___~-= water rL~n~ hoi~srs whose s~orace,_ iLverslcn and use c5 '~at~ -'~=~s rne pubilr rrus~ uses C5 ;he Bay/Delta Estuar~.;.2 The crcclems c~ :ne £av/Deiua Es=ua~z a~ comDiex. The issues are ieglon. The numDer of persons and entities having, an interesu in the Bay/Deiua Estuary ~z viruuai!¥ Deyond count. · nLunDer cf such persons and entities are already addressing proDlems in the Bay/Delta Estuary and seeking solutions.3 ;{hi!e the State Water Boar~ ccmmen~s such ~ffcr=s, ~he modern hisucrv cf %ne fay/de!ua Estuary ~: =-au~n~ ~i~h a~versitv ~emcns~ra~es ~na~ %ne actions ~a~en ~nus f~r nave ntt satlu~acs~rll-; ~eal~ ~.:~zh the es~ua~.-'~ m~r~aa issues. Bay/Del=a Estuary wa=ers, be they enviro~entalis=s,'irriga=ors, or cOnsumers,-must recognize tha~ ~hey.'can only when they held each cnher. in :us e~ - protect the Eay/'2=~ :=tua_--_.- the £ta=e Water Board has cften keen concurrently criticized f:r doing too il;tis and f:r Coinc ~:c much. Yet ~ne State Water Eoard is obligausC u.~ quart une.~uUiic trust as well as tu ensure ~hat the neecs -= ~ other water users are met. All parties must recognize that the solution to California's water dilemma can only be founded in' effective protections for the Bay/Delta Estuary.. They mus= also recognize that any solution must address the issues 'of both wa=er quality'and wa=er supply. To deal with either one and ignore the or. her can only br.i. ng pa~rtial, temporary, .and unsati..sfact0ry 2 See ~·' Sadao~es .for Parc I', "page- 6, ..' 5. INTRODUC~ON .Vovem~ ~ in this i~:erim decision ~r ~e ~ay/'Delta Estuary, ~e State Water Soar= is taking a signiii=~n= s=eo toward a balanced solution =o California's water dilemma. To be effective, ~his ~ecisicn must be viewed as the s'~ o~ !us 9arts. It recognizes =~e work done ~v others ano is a=ocue= in accordance with Governor Wilson's comprehensive water management policy ~or California. The State Water Board has considered all the evidence in the recor~. Based on the evidence, the Board finds and concludes as follows: ~.~e State Water $oard has c=nduc:e= numerous proceedi~s .regmr~ir~ ~o:,~ weter rip, cs and the :~acer qualit7 chat affect t~e BaT~Delta EsCorT. ~aCer RiCh: Decision 1485 (D-1485) znd =he Water Q~li~y Control Plan fur =he Sacramento-San Joaquin Delta and Suis~ Marsh (1978 Delta E!a~J. 'both A r~Eulat~r7 proceedinEs =o protect :i~e beneficial uses of the waters of Bay~Deign Es~uar7. UaCer right decisions before chis one haFe placed req~r~uts O~y on the Depar=msn= of ~cer Resources whic~ cpermces the S~ate Water ~rojecc ann =he United States Bureau of Recla~:iun ~ich operates the .federal Vallez Project. 7his decision '~s ;~r: cf a coordi~ced consideraciou of ~cer quaii:7 pin,nE and water r~h:s :~c co~enced ~ 1987. The firs= F decisions in this coordi~ced Rrocess ~re co adopt ~cer q~itz Rolic~s a~d a wa=er qualic7 control plan. 7his ~=er ri~h~ decision e~orces wa=er quasi:7 objectives in the ~Cer Qua~iC7 Control Plan for Sali~=X for San ~r~ncisco BayIEacr~nco-San Joaq~a DelC~ Est~ .(~a~tDel~a P2aaJ adopted in ~7 lggl a~ sal~cy objectives in c~e 1978 Del~a ~iaa chac ~re hOC ~uper~eded b7 the flaT/Delta ~/an. Th~s decision escabl~shes and i~iemeuc~ new fl~ req~remen=s. 7~s decision also e~orces the publ~c =~s=. =he proFisXons of Califo~a Constitution ~=icle X. Sec=ion 2. i~=a=ions on the avaiiabili~7 of ~cer. and the public Sheerest. Notice' of'p'ublE'~ ~arin~' ~'s Eiven o~ ~a~ 8. Ig~Z'~to c~nsXd~-SpeCiHed issues a~ed ac providi~ reaso~ble Rroceccion on an in~er~ basis for publ~c =rust resources in ~he 8ax~Del~a EsCuar7. The floa~ ~Ii consider adopcin~ a Ion~-ce~ decision reEardi~ protection of the beaefScial uses of the ~cers of the BayIDelca Escua~-~in the ~C~f&~'~6a-~. A 14- daX Public heari~ was held in June. J~7. and August IGC2, c~aci~ on J~e Z2 a~ concludin~ on August ~.,.4992. -~ T~e~is~u~szf~C~ar~. : 6. INTFIODUC'nON ',bvemoer '.,?. 2992 .. '~a~ --.:c'_:~:.._2 in:..~__-. ."eau:r~_-.e.-.~.s skcun~ .~_r :.'.e benefi: :f :ke puc:~,-_:rus-- uses of water _. '~hac -'n:sr-'z requ'_rsmen=s snou2~ be piece= cn oci~er water users wi=kin - ar.:..'__-, re_-.en'cs $?.ou:~ ~ ri&ce= cn users of water :riku=ar;' '.3 or exmor:e~ from eke Bay/De!:-' £$Cuar'.; :c ensure are use~ reasonaoiv and bene£ichzily?" "~ac icn=-cerm goals should =kc 5=a=e Water Boar= es=ablish =o pro=ec-- .:umiic :rue= resources in =he Sa.viDel=a'Es~uary?" in aaai:~_c.. :z :he tenor3 deveiope~ Curin~ ,h, hearing :he hearing recoru includes she recor~ deveio.~e= in i~E7 durir.~ Phase i cf _---.':u-~r;- .-.__.enoz. 7:-.= Pkzse i ?.earn.-.2 '~'as fir,-- :nc :ne Phase 2 tear=.-.= =as ne2~ c.-. :'~ ~av$ s:arii.~g o.~ conc:ucl.-.=' c.-. £'ecemoer _=9. 2287. 3 Cuber near- ='.~. =c:'_cns :: hel.u ensure :.".ac :he reasonable and benefic::i uses 'f ~ayl£~l:~ ~'acers ~re procec:.C :=cnu~e ::u: are ncc 2~ce= cc following: 2. The Governor's SayiDel=a Overslzhc Code=se will prepare A envircr~enc~i doc=encacion :cz= ~-ii! serve as a pia~n~ framewori~ consider facili:ies for "5ixin~'~ :.~e Delta. The enviro~en~ai doc~en=z=ion process will be cc=pieced wi=~i= three year~. '.his ~c=ions oy various sca=e agencxes. 75e E~ i= ~ormln~ cn in=er~= zC:~cns cn :he southern DeI=~ cc i. Severa~ enci:ies are piannin~ addi=icnai cfr-scream reservoirs. ~core surplus ~acer supplies for dry pericds. 4. ?~ in-Deica storage concept is bein~ eva~uaced and a specific s=orage projec= has been proposed.. 5. Projec=$ fur ground water storage and conjunctive use of ground and surface water are unde~a7. 6. The Department of Health SerVices is reviewin~ ic.s. policy re~ardi~ use of vasce ~a=er recla~cicn =o help than source of ~acer be fulIi ucilizeO. The Three-Way Process group is ne~ocia=in~ an a~reemen= =o es=ablish a snare policy =ha~ ~ili protect urban, ~gricul=urai. a~ enviro~en=ai i~ncere~=s~ in che waters of =he DelCa. INTRODUCTION .Vovemoe~' ~7. 1992 ?.e NacZcnai Y. arzne Fis~erzes $.~rvzce is consui='-'nz, wi=~ =~e USBR an= :~e D~ un=er =i..e federal E.-.dan~.ered Species acc := escabiish a -erin Reasonaoie and Prude.-.= $.i:er.-.acive far procecczcn measures :he winter-run CkinooK 9. .':~e D~'~ is cunsiderin~ in$:aii=_:izn of a cem.~orar.v barrier across 3~or~_iana S!ou~_n =o help £'-'z~e c...:~racin~ winter-run Ct. inook -owar= =he ocean. The Department of Fish ana Game and =he U.S. Fish and Wildlife 5erv'_"_z are considering liscin~ audi:lanai species under :he scaEe and fader'-:_ Endangered Species Acts. II. REQUIREMENTS This decision establishes requirements for protection of fish an= · wildlife in ~he Bay/Del%a Wa~ersne~ and for ~he use o~ wa=er urban water users ano agricui~urai wa~er users. The purpose %hese requ£remen=s is to s=aDiiize or enhance ~he public trust resources in 5he Bay/belta Estuary and to foster the reasonaD!3 use of wa=er. Under these requirements export rates and scheduling, cutflows, salini=? levels, flow direc=~°n~' A entrainment, and predation in =ne Estuary must.be-managed more effectively. Conserve=ion., waste water reclamation and reuse, conjunctive use-of surface and ground water, water.transfers, and use of all available alternative water supplies.must be fully integrate=. F A. URBAN WATER USE The Notice of Public Hearing for ~his proceeding requested information on inter.tm requiremen=s =hat should be piacea on users of wa=er tributary to or exported from the Bay/Delta Estuary to ensure that water supplies are used reasonably and T beneficially. ExtenSive test/~nony was received on urban water.use, conserva=ion, reclamation, conjunc=ive use, and water transfers. The State water Board makes the following findings based .on-the evidence'presented~ '-' ~,' 8?:: '-REQUIREMENTS i. FindinGs u ApprcximaueiV six mi!!£cn ~.-'~-fee~ ~.t~_F~ cf California's deveieDed water is used to satisfy the needs o~ ~o=ident!a!, conunercial, and indus:rlai ~auer users Tn averace, aoDroxima=e!v 40 oercenu -= this urban use is orovzdeG by exports from =he Delta. Popuiauicn cro,~h and recent decreases in urban ' D supplies from the Colorado River and Mono Basin will increase the demanG for Delta exports for urban uses in the future. .% ":.:emorand~T. ~ Understanding Regarding Urban Water C~nservaticn in Ca!i_=ornla" 'MOU) was recenti'; enterea !nut ~,; man,/ uruan '.vauer suppliers, public advocacv crc. an'_zauicns, an~ csner interested groups. The MOU commius5.._~ =~ignatc.-~;. water supplier_~ to coodo faiuh implementation oi a progra~u o~ wa~er conserva=icn which emDocies a series of Best .~agement PraCtices ,.'~"~=>_..._ f~r California's urban areas, it also commius all oi the signatories to an ongoing, s=ruo=ured process of data collection through which cuber conse~zaticn measures, not yet in general use, can be evaluatea as tc whether they should be added to the ~ecommend to the State Water Board. tha~ the B/~Ps be taken as a benchmark for estimating reliable conservati=n savings for urban areas. (WRINT-CUWCC-i; WRINT-DWR- !4. ) There is no current estimate of total potential wa=er savings by implementing the MOU. The MOU direc=s the signatories to develop savings estimates for their smrvi~e a'reas. : ..... " "~ 9. REQUIREMENTS i.[etropoii~an Water Dis~ric~ c~ Sou:neon Caiforn!a (~WD) projec~ea %~ai c~nserva~i~n savings of 542 5housan~ acre-fee~ '?.LF} by 2000 an= 831 TAF ky 2T comuare~ to consumuu~=n which would otherwise nave occurre~ wiuhouu c~nservauicn. W-RINT-$WC-3b,6.' City and Coun=y o~ San Francisco has a goal o~ 25 percent wa=er use re=ucuion from 1987 leveis %brough bo~ impiemen~a~ion of the MOU and manaa~cr'; ra:ioning. (WRINT-SFRISCO-1,22.) Eas: Bay Munici=al Utility District [EBMUD) expects to save approxima=eiy 22 TAF by 2020 through conservation. {WRINT-EMBMUD- 5,16.) These conservauion effor=s will partially ~fse~ increases ~n Ceman~ cause~ by ~opuia~icn growth. Compare~ to consumD=-_cn which otherwise would have occurred, :he City o~ Sacramento reauce~ summer :.;acer consUmption bY 1~ percen~ in i977 an~ 13 percent in 1990 thr6u~gh voiun=az? wa=er ~Jonserva=ion prac=ic=~s. (WR. INT-SACTO-6,3. ) During =he 1977 drought ERMUD achieved approxi/na=e!y 39-percenu tonserva=ion compare~ to 1975 use.when Ex[BUD 'imposed a man~a=cr-..- conserva=ion p:ogram. (WRI~T-E~XfUD-5,7.) The Water Advisory Comm/=tee o~ Orange Coun:y recommends =hat, because of the Wide accep:ance cf BM~s in .the MOU, uhe State Water U-oard should manaa~.s the BMP process f6r all urban users of water from Bay/Oel%a watershed. (WRII~T-wAcoc-5,4.) Tables A and B...provide illustrati%e examples of urDan supplies. .a~nd d-~nds over the interim period covered by ~his decision. These ~s~ima~es' indicate that, reasonable water use, 'u'h~' wa~er d~m~nds of these areas can be met if the drought does not continue. If dry. ..i' ~,:g~'~ '<: , .~ ,- _ 10. REQUIREMENTS TABLE A MUNICIPAL & INDUSTRIAL WA1 Eli SI. IPPI_IES AND DEMANDS -- SAN I'ttANCISCO BAY REGION ~N~I~E' O~U~T(I} Il (;tmlll~N~l QNtNI I)tK)UGIII(i} ~N~T~ {II 8E~I~ ........ e_~f~ L~ ~u~y .... 8WP ~nd wM ~ il~ b~ 21~ I~ ~ )~ 124 lealAr b N~ FO~ EWtj~MI~ b~~ ~ff ~mNT.EM~.O,~i; ~n~ ~i;T. i lIMa).6 ~ 13J;P~e-~o~,~18~piy ~ek'd .1 i~a~ M~k,n,,~e a,~ el I'e~ R~ & WAT~ 6AI.ANCE-SLlaf=LY & DEMAND FOR METROP<=UTAN SERVICE AREA (MIJJON ACRE-F r.=l~ - ~INT- SWC- ~ 4 ~7 1 ~ ; ~ 4 ~4 4 ~8 % Ot 0.07 <o.2a> ~ o.~4' o. io 0.28 o 22~ o.~ : 397 'Pm = ~0.3 mm~ ',~ ~ ~ 3.5~ .',bu~mDer i7. 1992 conuitions persist, :~a=er neeas will have to be met with additicnai c.-nservaticn, :ca.er -_rans~ers, acceptance of shor~a=es, and other measures during interim period. The Bay/Delta Reciamaticn Work Group prepared a report on the current and future Doten=ia! o~ water reclamation a~' reuse titled "Water Recycling 2000: California's Plan for the Future" This repot= estimated the quantity of wa=er reuse was 325 TAF in 1989 and is projected to be 474 TAF by 2000. (WRINT- DWR-!3,96.~ This 7rojec=e~ estimate is conservative . ano i~ a m~nimum figure ~-- ~c!amatlcn potential. Waste water r~clama=ion made up. approximately 250 TD3 of }~D's dependable wa=er supply in 1991 and is expected to reach 400 TAF by 1992 and 6'80 TAF by 2010. (WRINT-SWC-10,16.~ EB~U3D reports that approximately 9 TAF cf potable water ~s saved as a resui= of waste water reclamation and reuse. The reclaimed wa~er is used to irrigate golf courses and freeway medians and to provide refinery_ cooling wa=er. (WRINT-EBMUD- 5,28.) San Diego County Water Authority has crea=e~ a Water Reclamation Debar=men= t~ foster development aha use o~ reclaimed water in the reglon. (WRINT-$DIEGO- 1,8.) Conjunctive use can be defined as the practice of deliberately storingsurface water in ground wa~er basins by spreading, injection, or in-lieu use of surface water supplies-during periods of surface water availability and extracting it during periods of need. (WRINT-SWC-43,~.) Santa ciara-~Valley Water District provides an excellent example o~ a conjunctive use program that integrates surfac~' and~ ground wa:er '* ~ f 3. REQUIREMENTS .Covemoer~Z 2992 storage. San Joaouin C:unty has anaiyzea two conjuncuive use alternatives using New Melones and Folsom South Canai supplies and has found alternatives to be tecnnicaily feasible and ~conomicaily a=~raculve un~er uhe assume~ con~i~i=nz. San Joaquin County, however, cautions that additi~nai uechnicai, economic, iegai, and insti:utionai work are needed. (WRINT-SJC-4,7-tS.) Severai of the Santa Watershe~ Projec~ Authority (SAWPA) member agencies have agreements with MWD for use of ground water basins to store surplus imported water supplies. (WRINT-$AWPA-8,17.) water exchanges an~ transzers ~rom agricui~ure 5c urban uses are potent~ai methods avaiiahle to mee~ ~uture wa=er demands. For example, Arvin-Edison ~.~ater S~orage District and MWD are proposing a wa=er :ransier for the ~tate Water Board's apprOval where ~ would deliver a portion of its State Water Pro~ec: .entitlement, in years when available, ~o Arvin-Edison, el:her for.storage in. ground water or direct use tv farmers in lieu 0~ pumping. In re~urn, :~WD would ~a~e delivery, o~ Arvin-Edison's CVP wa=er ~hrough ~he California Aqueduct in subseauen~ years when u~ .... a need. (WRINT-swC-10,36.) k~D and Palo Verde irrigation Dis=ric~ are beginnln~ to test land fallowing programs. Under agreemen=s being executed with individual landowners and lessees, up to nearly 22,000 acres of .agricultural land in =he Palo Verde.Valley will not be irrigated; instead, uhe saved wa~er will be stored in Lake Mea~ and will be available .MWD and Imperial Irriga:ion Distr~ct are continuing implementation of an agricultural water conservation .Vovenm~ 1~ 19~ initiated i: !990 in the Imperial Valley. Un,er'this 'program, ~.YWD funds water conservation in the Imperiai Irrigation District and the conserve~ water is available for use by MWD. (WRINT- SWC-8,13.) :o~D is working with other southern Califor~ia agencies to deveioo and implement the full range of options that exist to increase the quantity and reliability of its water supplies including conservation, ground water and surface water storage projects, waste water reuse projects, water exchanges, conjunctive use projects, ground water recover? projects, and system interconnections. (WRINT-SWC-10,2.) 2. Conclusions California urban water agencies have made commendable in i~plementing"prog~ams to increase their progress water A supplies and supply reliability. These programs must continue and expand into the future in.order to ensure an adequate urban water supply for the State. The requirements for the interim period covered by this order will allow larger wa~er withdrawals from the Bay/Oelta Estuary than occurred in recent historical periods in wetter years but not in dry years. If drought conditions continue, there will be shortages from projected demands; but if wet years occur, the d~ds should be met. The evidence presented at this hearing, however, indicates that there are' oppo~unities for urban areas' to manage water resources in order to meet their ne~s in t~ int~ period l' ' The m~ac~en= options with th~.. mos: po=an:iai to aid urban areas in meeting their ne~s :in the in%er~ peri0d~'arez:~onse~a=ion and wa=er transfers.~.~par=icularly wa=er- transfers among users sou~ '*...~ ~ REQUIREMENTS o~ :he DelCa; ~here~ore, these epcions must aggressivei¥ pursuea. 3. Reauiremen:s : ~a~er right koiders ilentlfie~ in tkis decision ~eliver wa~er for urDan uses or who deliver water any entity which ~eiivers wa~er for urban uses shaii D impiemen~ or cause %o be impiemen~ed the p:ovisions %he urban MOU da~ea September ~991 (attache~) within their places o~ uses o~ wa:er. Section 4.5 oi =he MOU (Exemptions) which provides process for exempting wa~er suppliers from ~he /mpiemen~a=ion of specific BM. Ps shall no: apply ~ following BMPs. {Numbered as in the MOU): i. Interior anG exterior wa~er .audits *'* .~ *and incentive programs for mult!~ .f~m~ly residential and governmental/ .institu=ionai customers. (This requirement does not apply to. single- fam!.'ly resi49n:ial customers.) - 2a. Enforcement o~ wa:er conserving ~ plumbing fixture standards including requirements for ultra low flush toilets in all new construe=ion beginnillg one year from the date o~ this decision. 2c. P~umbing retrofit kits. 3. D£stributionsystemwa~er audits, leak de~ec~£on, an~ repair. 4'. Metering with commodit~ rates (bill .. by volume of use) ~or all new' connectionsl (Section 4,5 of the MOU " applies*'to the remaining portion of ''c6~nec~i0ns)~ The'substantiation ~'~. :.-~..required in*Section 4;5 ~o..qualify ~ for~..the~.exemption ~hall be sen~ ~g · ~ the Chi~f-0f the D~visi~n ~ ~te~ · ~*" Rights>for tbs..public record..)~: - 16. REQUIREMENT~ 5. Large ianascape water audits, and incentives. 6. Landscape water conservation requirements for new and existing commercial, industrial, instituticnal, governmental, and muiti-famiiy developments. 9. Commercial and indus=rial wa=er , conservation. 10. New commercial and industrial water use review. 11. Conservation pricing. 13. ~qater waste prohibition. 14. Wa=er conservation coordinator. L6. Ultra low flush toilet replacement. (This ~MP is mandator~only in export areas.4 .For areas within the Delta watershed, the substantiation required in Section '4.5 to quali~y for the exemption shall be sent to the Chief of the Division of Wa=er Rights for the public record.) During d~ and critically d=F years, as determined by DWR using the Sacramento Valley Hydrologic Year Classification System set forth in this decision, all urban water suppliers subject t© this decision shall implement a price rate structure in which rates increase as the quantity o~ water used'increases (tiered water pricing). This requirement shall be implemented by July 1994. The DWR shall monitor the progress of the major wa=er right holders in implementing the MOU and shall provide the .State Water Board wi~h annual reports documenting this progress. The first reporCwill be due on July 1, 1993. ~ · Export areas' in this decision means areas receiFin~ TMCer b7 waF of the Delta-Mendota Ca~l. Califo~a Aqueduct. South Ba~ Aqueduct, North BaF ~ueducc. Eeccb Hetcb7 ~ue~ucc. Frtanc-Ke~ Ca~l, Contra Costa Ca~. a~ :he Mokel~e Aqueduct. STATE WATER RESOURCES CONTROL BOARD R O. Box 100, Sacramento, CA 95812-0100 ,..=~,,=i~Tive_.__. aha Pubtic Affairs: {9163 657-23-~0 C~ea~n Water Pmamms mformaaon: 19161 ','v~ter C~.Ji~ in~rma~c3m IGC6) 657-G687 Water Rights tnlorma~on: [g16) 657.2170 CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARDS ,~ORTH COAST REGION (1) CENTRAL COAST REGION (3) LAHONTAN REGION (6) 5550 Skylane Eivd. Suite A 81 Higuera SL, Suite 200 2092 Lake Tahoe 8oulevara, Suite 2 Santa Rosa: CA95403 San Luis Ob~o, CA93401-5414 South Lake Tahoe, CA96150 (70~ 576-2220 (805) 549-3147 (916) 544-3481 SAN FRANCISCO BAY REGION (2) LOS ANGELES REGION (4) Victorviile Branch Office 2101 Webs;er Street, Ste. 500 101 Centre PI~:,~ Drive Civic Plaza, Oaklanci, CA 94612 Monterey Park, cag1754-2156 15428 Civic Drive, Suite 100 (51 o) 2a6-1255 (213) 266-7500 '~ct~rvitle, CA 92392-2359' CENTRAL VALLEY REGION (5) (619) 241-6583 (7) -~ [ 73-720 Fred Waring Drive,Suite i00 "t '"'~' ~'-~ ' I Fresno Branch Off[ce Palm Desert, CA 92260 """=='~'t 3614 F~AshtanAve. (619) 346-7491 !]. Fresno, CA 93726 SANTA ANA REGION (8) '~"~ ~ (209) 445-5116 2010 lowaAvenue, Ste. 100 Redding Branch Office Riverside, CA92507-2409 415 Knollcrest Drive (714) 782-4130 ~, ~ Redding, CA96002 SAN OtEGO REGION (9) . (916) 224-4845 .~ ~.,,=,,~, 9771 Clairemont Mesa Blvd. Sl~e. B San Diego, CA92124 . (619) 467-2952 S'rATE OF CALIFORNIA CAIJFORNLA EN~RONMENTa, L PROTECTION AGENCY ... ? ORDINANCE NO. AN ORDINANCE AMENDING SECTION 16.40. 010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REMOVAL OF GROUNDWATER UPON SUBDIVISION. WHEREAS, the Ashe Water District ("District") supplies 'water to many new subdivisions in the city; and WHEREAS, owners of the properties serviced by the District have been pumping and selling water beneath the subdivided land to entities outside the city; and W~RREAS, the District needs the water underlying these subdivisions to serve the needs of the property owners within the subdivisions. NOW, T~RREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 16.40.010 of. the Bakersfield Municipal Code is hereby amended to read as follows: 16.40.010 Requirements. As a condition of approval of a tentative map, the subdivider shall do the following: A. Dedicate or make an irrevocable offer of dedication of all land within the subdivision that is needed for public streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. B. Record a covenant for each lot prohibiting the pumping and taking of groundwater from beneath the property for any use off of the property. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o I ~R. gRRy CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR'of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg WATER\ ASHEDED2.O-5 2/5/93 CITY AGREEMENT NO. EASEMENT AGREEMENT THIS AGREEMENT, is made and entered into this day of ~, 1993, by and between the KERN COUNTY WATER AGENCY, a political subdivision of the State of California ("Agency") and the CITY OF BAKERSFIELD, a Municipal Corporation ("City"). '~ RECITALS WHEREAS, the Agency is in the process of securing a low-interest loan under the Water Conservation and Water Quality Bond Law of 1986 for the purpose of constructing improvements to the banking and recovery project ("Project") on the Berrenda Mesa Spreading Grounds which is situated along the Kern River Channel between Buena Vista Road and the City's 2800-Acre Recharge Area, together with diversion and conveyance works located east of Buena Vista Road on lands owned by the City and Castle & Cooke; and WHEREAS, the Agency has entered into a Memorandum of Understanding with Berrenda Mesa Water 'District CBerrenda Mesa") dated August 31, 1992, incorporated herein by reference, for operation of said Project and which establishes Agency as the Lead Agency or Operator of Project; and WHEREAS, the Project requires diversion headworks proposed for ultimate incorporation into a reconstruction of the Bellevue Weir. In the interim, said diversion works will be constructed independent of the Bellevue Weir on or adjacent to Agency fee ground originally acquired for construction of Pumping Plant No. 5 of the Cross Valley Canal (CVC); and WHEREAS, an easement is required from City for construction of a portion of the aforementioned diversion works area and a buried pipeline leading from the diversion headworks on the north side of the Kern River easterly of the Stockdale Highway Bridge to a point in the south bank of the Kern River westerly of the Stockdale Highway Bridge where City land abuts Castle & Cooke land; and WHEREAS, the conveyance works from this point to the Berrenda Mesa fee ground will be in a canal to be constructed on an easement or fee land acquired from Castle & Cooke; and ~ WHEREAS, a path for conveyance of water destined for the Berrenda Mesa Spreading Grounds will emanate from the Kern River Channel upstream of the abOve- mentioned headworks or from River Turnout No. 2 of the CVC (also upstream of the above-mentioned headworks), which water will, in the course of its conveyance to the Berrenda Mesa Spreading Grounds, pass over and percolate into fee land owned by City in the Kern River Channel; and WHEREAS, the City is the fee owner of the Kern River Channel easterly .of the Berrenda Mesa Spreading Grounds; and WHEREAS, Berrenda Mesa is the fee owner of approximately one mile of the Kern River Channel immediately east of the City's 2800-Acre Recharge Area; and WHEREAS, it is desirable by the parties to establish priorities for use of the Kern River Channel with respect to the fee ownership so that either party to this Agreement may use the fee portions of the channel belonging to the other party for purposes as hereinafter agreed; and WHEREAS, City, in order to provide proper coordination with existing Kern River Channel diversion activitie% shall operate and maintain Project headworks and be entitled to reimbursement for expenses incurred in this Operation; and WHEREAS, City may desire to utilize the diversion pipeline to be constructed on City fee ground that is a part of Project; and WHEREAS, Agency and City intend that completion of this Agreement be a condition of the City's grantingof the easement for the diversion works and pipeline portion of Project, across City fee ground. NOW, THEREFORE, CITY and AGENCY mutually agree as follows: 1. GRANTING OF EASEMENT. City agrees to grant Agency a water line and canal easement approximately 3,500 feet in length, varying from 50 feet to 100 feet in width, connecting the diversion works near the southerly fee line of Agency property at CVC Pumping Plant No. 5, down and across the Kern River Channel under the Stockdale Highway bridge, to a point located on the south bank of the Kern River where the pipeline will end and a diversion canal will commence at the approximate interface between City and Castle & Cooke property. This easement is specifically described on Exhibit "A" attached hereto. 2. OWNERSHIP OF WATER. City and Agency agree that water owned and diverted by City through the river channel in the reach between CVC Turnout No. 2 and the east boundary of the 2800-Acre Recharge Area may be claimed by City for 2 l~u~'poses to be determined by City and that in this same reach, water owned and diverted by Agency or Berrenda Mesa may be claimed by Agency or Berrenda Mesa for purposes to be determined by Agency or Berrenda Mesa. In the event of diversion into the river channel of waters of commingled ownership where banking is the intention of both parties, the fee ownership of the river channel will dictate the ownership of the banked water. In a commingled diversion where banking is the intention of both parties, the City shall maintain a priority to claim banking and percolation losses between Bellevue Weir and the east boundary of Berrenda Mesa fee ownership in the Kern River Channel and Berrenda Mesa and/or the Agency shall maintain a priority to claim banking and percolation losses throughout the fee portion of the Kern River Channel owned by Berrenda Mesa. Parties will agree to a reasonable determination of amounts banked in each reach of fee ownership. 3. OPERATIONS AND MAINTENANCE. Agency and City agree that City will operate, measure and maintain the Project headworks and will, to the extent possible, divert water owned by Agency over the Bellevue Weir or into the Project pipeline upon request of Agency. The Agency shall pay to City a fee in the amount of $0.50 per acre-foot for all water diverted into the Project pipeline at the headworks, which cost shall reimburse City for administration, operations, maintenance and record-keeping expenses applicable to such diversion. Said fee shall be subject to annual escalation on the basis of the January 1, 1993 "All Commodities" classifications of the Wholesale Price Indices for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Adjustments to the fee will be made prior to February 15th 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. 4. RECORDS AND SCHEDULING. The parties agree that City shall maintain records of such water diverted via the Project headworks. Agency shall have access to such records. Agency shall be responsible to schedule Project water diversions 48 hours in advance through the City water dispatcher at 326-3715. 5. USE OF PROJECT HEADWORKS. Agency and City agree that City shall have a next priority behind Agency to utilize Project pipeline and canal located on City fee land for conveyance of City owned water at those times when Agency determines there is capacity available in excess of its needs to serve Project. 6. RESTORATION OF PREMISES. Upon completion of the Project works as outlined in this Agreement, Agency shall remove all existing temporary facilities (including structures, culverts, rip-rap, sandplugs, etc.) and restore premises to its original condition, as determined by City. 7. PUBLIC ACCESS. In consideration of this grant of easement, and pursuant to the goals of the adopted Kern River Plan, City and Agency will continue to assist each other to coordinate future public trails along the course of the Kern River Channel. · ' · 8. ASSIGNMENT. This Agreement shall not be assigned by Agency on behalf of itself and/or Berrenda Mesa without the prior written consent of City. 9. LIABILITY. Neither the City nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of water diverted for Agency pursuant to this Agreement. 10. INDEMNITY. Agency shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action 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 Agency, Agency'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. 11. NOTICES. Any notice, billings or correspondence required herein may be given by mail, postage prepaid, directed as follows: AGENCY: Kern County Water Agency 3200 Rio Mirada Drive Post Office Box 58 Bakersfield, CA 93302 CITY: Bakersfield Water Board 1000 Buena Vista Road Bakersfield, CA 93311 12. COMPLIANCE WITH ALL LAWS. Agency shall, at Agency'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. Written approval of the State of California Reclamation Board and California State Department of Fish and Game, and all other applicable agencies must be obtained prior to any work being done at Project site. 13. TERM. The term of this Agreement shall commence the day and year first above written and the same shah continue thereafter in full force and effect unless terminated by abandonment of the easement, or if easement is no longer necessary. .......... oOo .......... 4 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 ROBERT PRICE Mayor APPROVED AS TO FORM: LAWRENCE LUNARDINI City Attorney By COUNTERSIGNED: By GREGORY KLIMCO Finance Director "AGENCY" KERN COUNTY WATER AGENCY By Title CITY OF BAKERSFIELD CALIFORNIA A Municipal Corporation · WATER LINE AND CANAL EASEMENT (PERMANENT) FOR A VALUABLE CONSIDERATION. the receipt of which is hereby acknowledged, CITY OF BAKERSFIELD hereinafter called 'GRANTOR,' hereby grants to the KERN COUNTY WATER AGENCY, a political subdivision of the State of California and BERRENDA MESA WATER DISTRICT, a California Water District in the State of California, hereinafter called "GRANTEES,' a nonexclusive easement and right of way to lay, construct, operate, maintain, repair, reconstruct, change.the size of and remove Water Pipelines and Canal Facilities and appurtenant and necessary surface and subsurface structures. fittings, and other equipment, in, under, across, over and upon those certain strips and parcels of land in the incorporated area of The City of Bakersfield. Kern County, California, and more particularly described as follows: SEE EXHIBIT 'A' (ATI'ACHED) This grant is subject to all existing conditions, restrictions, reservations, easements, servitudes and rights of way of record. IN WITNESS WHEREOF, the parties have executed this instrument as of this day of . 1 9~ GRANTOR Attest: GRANTEES -, Attest: m. ES!c~cr - ~BN OOU.~WA,-T~-. A~BC~ SE~ET~,R¥ - ~BN OOU~WATEI AGENCY BOA~,D O.- DIRE~,~ BOARD 0F.~ECT~$ Attest: PWF. S. IDENT- BE~.RENDA ME~ WATE!~.. DGTRICT $E~BARY- BERRENDA ~ WAll~ DISTRICT BOARD OF DIRECT~~, BOARD OF DRECTORS EXHIBIT 'Ao WATERLINE F_.ASEMENT PARCEL NO. 1 .(SECTION 1, T.30 S. - R.26 E.) A strip of land fifty (50) feet in width, located in the North half (N V2) of Section 1, Townshil~ 30 South; Range 26 East, M.D.B. & M. and more particularly described as follows: Beginning at a point on the Southerly right ofway line of the Cross Valley Canal, which is also the Northerly boundary of the Kern River, as said property is described in Book 5045, Page 501 of the Book of Records, as recorded in the Office of the County Recorder, County of Kern, State of California, which bears N 89° 14' 38' W, 5.05 feet along the North line of Section 1, from the Northeast corner thereof, to a point on the southerly right of way of the Cross Valley Canal, thence along said right of way S 62° 01' 27' W 714.17 feet, to the true point of Beginning: 1. Thence leaving the South right of way of the Cross Valley Canal, S 02° 55' 37' W, 19~..97 feet, 2. Thence S 36° 10' 59'W, 597.01 feet, 3. Thence S 65° 25' 37' W, 450.00 feet, and 4. Thence S 34° 02' 16' W, 617.22 feet, to a pointwhich is 50' northerly of the South boundary line of the Kern River, Containing 2.16 acres more or less. (1) Sept. 16, 1992 EXHIBIT 'A° CANAL EASEMENT PARCEL NO. 2 (SECTION 1, T.30 S. - R. 26 E.) A parcel of land located in the North half (N ~) of Section 1, Township 30 South, Range 26 East, M.D.B. & M. and more particularly described as follows: Beginning at a point on the SOuth boundary line ofthe Kern River, as said property is described in Book 5045, Page 501 of the Book of Records, as recorded in the Office of the County Recorder, County of Kern, State of California, which bears S 00°49' 53' W, 111 7.66 feet along the east line of said Section 1 from the Northeast corner thereof, to a point on the southerly boundary of the Kern River thence along said boundary S 49° 46'. 36' W - 80.82 feet, S 77° 55' 43' W - 77.34 feet, S 79° 36' 41 ' W - 144.47 feet, N 89° 58' 36' W - 680.06 feet, S 40° 52' 48' W - 487.79 feet, and S 62° 31' 36' W - 490.15 feet to the True Point of Beginning: 1. Thence continuing along said southerly boundary of the Kern River S 62° 31' 36' W, 632.41 feet, 2. Thence S 75° 38' 52' W, 388.97 feet, 3. Thence S 82° 03' 33' W, 300.56 feet, and 4. Thence N 75° 58' 50' W, 267.40 feet, 5. Thence leaving said South boundary ofthe Kern River N 82° 03' 33' E, 542.96 feet, 6. Thence N 75° 38' 52' E, 371.88 feet, 7. Thence N 62° 31' 36' E, 620.91 feet, and 8. Thence S 27° 28' 24' E, 100.00 feet, to the True Point of Beginning. Containing 3.28 acres more or less (2) Sept. 16, 1992 .~ .~ ' , S 49"4~°JE' · ' ~.J4 o eu~P,~ ~ ~c~ , ~ N / ~_~?r /~. 41' ' I t I ~ NORTH ONE HALF I ~, TABOR · ~SO~S, ~C. c~ OF ~n~ 9-16-92 ~NSUL~N~ CML ~~ SIMON 1526 '~ ~. SU~ 21 P~CE~ NO. 1 ~D NO. 2 M.W.T. ~ERSR~ ~, ~FOEN~ 95301 ~HIB~ 1 ~ 1 [K)NESTIC WATER ENTERPRISE MAINLINE E]g~ENSION REI~UND AGREEMENT SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD February 10, 1993 TRACT or ORIGINAL REFUND 2½% DEVELOPER PARCEL MAP COST OF COST The DeWalt Group, Inc. TR 5573, Phases l&2 $51,084.64 $1,277 12 2340 Niles Street Bakersfield, CA 93306 Tract 5445 Parnters TR 5445, Phase 1 11,083.15 277.08 2340 Niles Street Bakersfield, CA 93306 TOTAL .............. $62,167.79 $1,554.20 DOMESTIC WATER ENTERPRISES MAXNLINE EX~Ig~NSION REFUND ~SIGNM]gNTS Special Meeting, Water Board - City of Bakersfield Wednesday, February 10, 1993 Tract/ Water Board Parcel Remaining Reassigned to % No. Map Balance Warren C. Edwards & Betsy 22% 79-09 W.B. PM #4110 $10,644.68 G. Edwards Trustees, U.D.T., dated 11/2/92 1166 Berkshire Drive San Jose, CA 95125 Warren C. Edwards & Betsy 22% 80-05 W.B. TR #3899 26,662.23 G. Edwards Trustees, U.D.T., dated 11/2/92 1166 Berkshire Drive San Jose, CA 95125 TOTAL AMOUNT ............ $37,306.91