Loading...
HomeMy WebLinkAbout01/19/94 Mark Salvaggio, Chair Conni Brunni, Vice-Chair Randy Rowles MEETING NOTICE WEDNESDAY, JANUARY 19, 1994 WATER RESOURCES CONFERENCE ROOM 1000 BUENA VISTA ROAD 4:30P.M. AGENDA Call meeting to order. Roll Call - Board Members. 1). Approve minUtes of Special Water Board meeting held November 17, 1993. 2). Public statements. 3). Agreement With Buena Vista Water Storage District to' allow exchange of Kern River water for 2800 Acre well water. FOR BOARD APPROVAL and RECOMMENDATION TO CITY COUNCIL. 4). Bulletin 160-93 California Water Plan Update. FOR BOARD INFORMATION 5). Letter from State Senator Phil Wyman concerning hearings on Sacramento Delta standards. FOR BOARD REVIEW AND ACTION. 6). potential Long-term Spreading and Banking program With Kern County Water Agency in Kern River channel. FOR BOARD INFORMATION. 7). Northeast Water Supply Report - Update and future phases. FOR BOARD REVIEW AND ACTION. 8) Domestic Water Mainline Extension contracts. FOR BOARD INFORMATION. 9). Water Board meeting schedule for 1994. FOR BOARD APPROVAL. 10). Board comments. 11). Staff comments. 12). Adjournment. POSTED: January 14, 1994 looo BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, NOVEMBER 17, 1993 ' 4:30P.M. The meeting was called to order by Boardmember Salvaggio at 4:34p.m. in the Water Resources Conference Room. Present: Salvaggio, Chair; Brunni, Vice-Chair; Rowles Boardmember Brunni made a motion to approve the minutes of the Special Meeting held August 17, 1993 with a correction in the spelling of Alan Daniel's name (Daniel instead of Daniels). Motion carried. Public statements. Bob Lewis of California Water Service, commended the City of Bakersfield Water Staff as being competent, capable, cooperative and a pleasure to work with. The proposed designation of the Southwestern Willow Flycatcher as an Endangered Species and Lake Isabella and South Fork of Kern River as a critical habitat was presented before the Board by Florn Core for review and possible action. The Southwestern Willow Flycatcher is on the Federal Register as a candidate to be listed as an endangered species. The listing of the bird is not as damaging as designating Lake Isabella as a critical habitat, this would significantly affect the ability of the City and other Kern River Interests and water right holders to store water in Isabella. Written comments are due by November 30, 1993 and staff has drafted a resolution for the Board to review and for possible action by the Board. Boardmember Brunni suggested some word changes in the resolution. Boardmember Brunni made a motion to approve the resolution with recommended changes. Motion carried. For Board information, Florn Core presented Improvement District No. 4 of Kern County Water Agency acquisition of available state water supplies. Due to lack of development, State Water Project is unable to deliver requested amounts of water to the contractors throughout the state. Without the further development of water facilities in the state of California, contracts for Ag use could be cut 50% and M&I cut to 60% of the contracted amount. The Kern County Water Agency conferred with City staff and the other purveyors in Bakersfield to form a committee to begin negotiation with Berrenda Mesa Water District for acquisition of contract water for the ID4 area. Staff would like to continue negotiating .for this water supply along with the committee, it follows along with our adopted policy to see more water in the river. Boardmember Brunni suggested that there should be acknowledgment on the part of the seller, that they are giving up development rights, not just a water right. Boardmember Rowles felt that this is a welcome supply, but ultimately would like to see an initiative where ID4 can become its own independent entity. Staff, along with the Committee, will continue with the negotiating process. To give an update, of the northeast water supply first phase technical report before the Board, Gene Bogart introduced Morris Taylor of Ricks, Taylor and Associates; and Joe Gillick of Kennedy/Jenks Consultants, the firms hired to analyze the water requirements for the northeast Bakersfield area and tO complete a preliminary plan. The area in question does not have a water supply or treatment capacity. If the project is economical, we can proceed with a preliminary study on facilities location and planning. Boardmember Brunni wanted to know if the residents in this area were willing to pay for the water they were freeing-up and she would not want to advocate freeing-up water to allow unincorporated areas a water supply without any compensation. Boardmember Rowles asked if a detailed look had been made on the terms of wheeling water around, that building surface water treatment plants were expensive. Mr. Taylor said a heating was going to be held on December 6, 1993 at the Urban Bakersfield Advisory Committee Meeting to further discuss this plan. The Board will be given further information on this plan at the next Water Board Meeting scheduled sometime in the latter part of January, 1994, at that time the Board may want to make further recommendations. For Board information an updateof the water line for So. Mt. Vernon to serve the City's woodwaste and inert recycling facilities was presented by Gene Bogart. This item has gone to City Council for the fiscal appropriation. This water line extension will service proposed construction of the new City Corporation Yard and will provide a water supply to the new greenwaste and materials site. Because it is an extension of California Water Service Company's mainline, BOb Lewis of California Water Service Company has been very helpful with this project. After some discussion by the Board it was recommended that the Regular Water Board meetings be held on Wednesdays at 4:30pm every two months. Boardmember Brunni made a motion to this effect. Motion carried. There were no Board comments. There were no Staff comments. A motion to adjourn was made by Boardmember Brunni at 5:46p.m. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board DRAFT CONTRACT NUMBER W.B AGREEMENT FOR RECOVERY AND EXCHANGE OF BANKED WATER THIS AGREEMENT is made and entered into this day of , 1993, by and between BUENA VISTA WATER STORAGE DISTRICT, a California Water Storage District ("Buena Vista" herein), and the CITY OF BAKERSFIELD, a municipal corporation through the Water Board for the City of Bakersfield ("City" herein). RECITALS: WHEREAS: (a) The City owns approximately 2,800 acres of land used as a water 'recharge and banking area along the Kern River between Renfro Road and Highway 43 ("2,800 acres" herein) more particularly delineated on the map attached hereto as Exhibit "A" and incorporated herein by this reference; and,' (b) City and its predecessors have previously constructed a canal with a capacity of 1100 cubic feet per second extending from a point in the channel of the Kern River near the outlet of the Friant-Kern Canal southwesterly to a 'point in the channel of the Kern River approximately one-quarter mile above Second Point of Measurement, which canal is known as the "Kern River Canal" and is lined with concrete except for an unlined earthen section of about one-half mile at the lower end; and, (c) City has entered into certain agreements with OLCESE WATER DISTRICT · ("Olcese" herein) dated November 9, 1977, June 27, 1978, and April 15, 1981, which agreements are known as Agreement No. 77-07 W.B., Agreement No. 78-12 W.B. and Agreement No. 81-76 W.B., respectively, ("Basic Spreading Agreements" herein) and said agreements are incorporated herein by reference as though fully set forth; and, (d) City has constructed pump stations ("CBK wells" herein) in the 2,800 acres which delivers water by pipeline to City domestic water customers and into the City owned Kern River Canal for conveyance downstream of the 2,800 acres; and, (e) Buena Vista and City desire to implement a water exchange program whereby water banked by City in the 2,800 acres may be recovered by City and delivered to Buena Vista in exchange for a like amount of Buena Vista's Kern River water subject to the terms and conditions hereinafter provided. NOW, THEREFORE, incorporating the above recitals herein, City and Buena Vista mutually agree as follows: 1. PURPOSE. The purpose of this Agreement is to encourage exchange opportunities beneficial to both City and Buena Vista. 2. CHARGEABLE DAYS. In consideration of this Agreement, Paragraph 7.(d)(iii) of the 1964 Amendment to the Miller-Haggin Agreement of July 28, 1888, which paragraph is known as the "chargeable days" provision, shall not apply to Buena Vista during the term of this Agreement. 3. EXCHANGE DELIVERY. City shall utilize CBK wells and/or wells constructed by Olcese and conveyed to City pursuant to the Basic Spreading Agreements, or other, mutually agreeable wells, in order to provide exchange water deliveries to Buena Vista via the Kern River Canal or as designated by Buena Vista, for which City shall receive a like amount of Buena Vista's Kern River water. 4. EXCHANGE VOLUME. It is anticipated the volume of exchange between the parties will range between 0 and 7,500 acre-feet annually. However, Buena Vista agrees to make available to City a minimum annual amount of 2,000 acre-feet of its Kern River water which Would otherwise be delivered via the Kern River Canal absent this Agreement. 5. WATER LOSSES. Water losses incurred as a result of the transportation of water recovered by City and delivered to Buena Vista on those days Buena Vista would not otherwise schedule Buena Vista Kern River water for delivery via the Kern River Canal, shall be borne by City to the point of delivery at the Alejandro Canal measuring station unless otherwise mutually agreed by Buena Vista and City. City shall not be responsible to bear any losses associated with exchange water delivered to Buena Vista on those days that Buena Vista Kern River water would, absent this Agreement, otherwise be scheduled by Buena Vista for delivery via the Kern River Canal. Buena Vista shall only be responsible to deliver to City such exchange water in equal amounts as are mutually determined to be received by Buena Vista from City at the Alejandro Canal measuring point. 6. PO'vVER COSTS. Nothing in this agreement shall change the current allocation of energy costs (including standby charges) associated with producing City water as provided for in the Basic Spreading Agreements. 7. TIMING OF EXCHANGE. City will deliver exchange water to Buena Vista only at such times and in such quantities as is mutually agreeable between the parties. 8. TRANSFER OF ISABELLA STORAGE. To insure that Buena Vista does not bear an unfair proportion of Isabella Reservoir losses it is 'agreed that, unless 2 otherwise specified by Buena Vista, during each month, on a daily basis, City shall transfer from Buena Vista Isabella Reservoir storage to City Isabella Reservoir storage, an amount of Buena Vista Kern River water equal to City well water delivered to Buena Vista through the date of transfer. 9. EXCHANGE RATE. For all Buena Vista Kern River water made available to City under the terms of this Agreement, City shall, within 30 days following receipt of an invoice from Buena Vista, pay to Buena Vista the following fees: A. For Buena Vista Kern River water used or' delivered by City for agricultural irrigation purposes within the southern San Joaquin Valley groundwater basin or within the incorporated boundary, of the City of Bakersfield. ' 1. Five ($5.00) dollars per acre-foot. .~ B. For Buena Vista Kern River water used or delivered by City for domestic or recreational purposes within the incorporated boundary of the City of Bakersfield or for authorized diversion to non-Kern River water right holders located above First Point of Measurement. 1. Ten ($10.00) dollars per acre-foot. 10. TERM AND RENEWAL. The term of this Agreement shall be five (5) years commencing March 1, 1993 and terminating February 28, 1998. Notwithstanding the foregoing this Agreement may be terminated at any time by mutual agreement of the parties. Each party further agrees to negotiate in good faith at the expiration of this Agreement for an extension term thereof for an additional term. 11. BUENA VISTA LIABILITY RESTRICTION. From and after the point of delivery, neither Buena Vista nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, Use, disposal, or distribution of exchange water received by City from Buena Vista. 12. .CITY LIABILITY RESTRICTION. From and after the point of delivery, neither the City nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of exchange water received by Buena Vista from City downstream of the terminus of the Kern River Canal. 13. WAIVER OF DEFAULT. The failure of any party to enforce any provision of this Agreement shall not constitute a waiVer of that party's right, to enforce such a provision at~ a later time,, and shall not serve to vary the terms of this Agreement. 14. FORUM. Any lawsuit between or among the parties involving the interpretation or enforcement of this Agreement shall be instituted and maintained in Kern County, 3 California. ~ 15. NOTICES. All notices relative to. this Agreement shall be given in writing, shall be ' sent by certified or registered mail, and shall be effective upon receipt- The parties shall be addressed as follows, or at any other address designated by written notice provided in the manner herein specified: , TO CITY: City of Bakersfield Water and Sanitation Department 1000 Buena Vista Road Bakersfield, CA 93311 ATFENTION: Director of Water Resources TO BUENA VISTA: Buena Vista Water Storage District P.O. Box 756 Buttonwillow, CA 93206 ATFENTION: Engineer-Manager 16. ASSIGNMENT. This Agreement may not be assigned by either party, nor may a new party be substituted in place of an existing party, without the prior' written consent of the other party. 17. BINDING EFFECT. Without limiting the effect of Paragraph 16 above, the rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties and their respective heirs, administrators, executors, personal representatives, successors and assigns. 18. MERGER AND MODIFICATION. This Agreement sets forth the entire understanding between the parties and supersedes all other oral or written representations. This. Agreement may be modified only by a further written agreement approved by the City Water Board and Buena Vista and signed by both parties. 19. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that such individual is duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein and that .this Agreement is binding upon said corporation or organization. 20. NEGATION OF PARTNERSHIP. Neither City or Buena Vista shall become or be deemed a partner or joint venturer with the other by reason of this Agreement and neither shall be considered for any purpose an agent, officer, or employee of the other. 21. USE LIMITATION. City further agrees that Buena Vista Kern River water received by it in exchange for pumped groundwater pursuant to this Agreement will be used only for those purposes outlined in Paragraph 9 above, unless otherwise agreed to in writing by Buena Vista. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-written above. "CITY" CITY OF BAKERSFIELD By Chairman, Water Board · "BUENA VISTA" BUENA VISTA WATER STORAGE DISTRICT Engineer-Manager 5 MEMORANDUM December 16, 1993 TO: Alan Tandy, City Manager k/id. no' FROM: Gene Bogart, Water & Sanit,'~tlc~ Manager SUBJECT: BULLETIN 160-93 CALIFORNIA WATER PLAN UPDATE The State Department of Water Resources has released for public review a draft report that documents the long-term water supply requirements that underlie the comprehensive water policy of the State of California. Both volumes of this document are now on file in the City Clerk's office. The draft publication--formally titled Bulletin 160-93--is the latest five-year update of the California Water Plan. First developed in 1957, the California water plan is intended to show the relationship between water needs and supplies in future years. Among the report's major points: -Urban water needs, fueled by growth projected to be 49 million people by 2020, will increase by 3.8 Million acre feet, after accounting for 1 Million acre feet of urban water conservation. -Demand for agricultural water will decrease by about 2 Million acre feet by 2020 due to both a reduction of 400,000 crop acres and increased agricultural irrigation efficiency. -There will be increased demand for water for environmental purposes, including the Bay-Delta estuary, instream fish flows, and migrating waterfowl. In releasing the draft report, Douglas P. Wheeler, Secretary of Resources, and David Kennedy, DWR Director, said there was extensive public involvement in its development, including an advisory committee of urban, agricultural and environmental interests which helped with its preparation. As part of the process to collect information, ten public hearings on the plan will be held in January and February. Comments received then will be used to finalize the bulletin, which is scheduled to be completed in mid-1994. ROOM 4062  STATE: CAPITOL SENATOR SACRAMENTO, CA 95814 · , PHIL WYMAN ,9~6, ,~,~-,~641 ,// SIXTEENTH SENATORIAL DISTRICT' BAKERSFIELD OFFICE 1326 H STREET 993 ~ © F~ 13 ~ ~ ,sos, 39~-2927 HANFORD OFf'ICE .... !. J3 901 NORTH IRWIN STREET Mr. Gene Bo§a.rt Director of Water Board, Bakersfield.Water Board HAN~ORO. cA 9:,230 1000 Buena Vista Road City O? ,~'.,\:(EE$FiELD ,209, 58~:-9687 Bakersfield, CA 93311 w^T[,q a~.S0U.~Cr-$ FRESNO OVa,Ct 9~ NORTH VAN NESS ~VENU~ FRESNO. CA 93728 Dear Mr. Bogart: ,~o9, ~-~,o9 As you know, the federal assault on agricultural use of water has escalated. On December 15th four federal agecies, Club Fed, announced new additional diversions of water from agriculture to protect three fish in dry weather and wet -- without regard to new water supplies or to impacts on farmers, consumers, and our economy. . As your state Senator (from south of Bakersfield to north of Fresno), I need your help and advice both to fight back and to work toward long term solutions. Prior to the Delta decisions, I wrote Carol Browner, Administrator of the Environmental Protection Agency, and Bruce Babbitt, Secretary of the Interior. Browners response was totally unsatisfactory. Babbitt has said nothing. During the week of February the 21st, the aforementioned Club Fed agencies will be holding joint hearings in Fresno, Sacramento and San Francisco on their December announced Delta Water standards. If implemented these standards will cause reductions in dry years of close to one quarter accordingto optimistic federal calculations and 100 per cent losses t.o Westside farmers according to other Department of Water Resources estimates. Your parti¢ipat~on i~ absolutely essential. On a parallel track, the State Water Resources Con,trol Board, the Governor's Water Policy Council and other interested parties are seeking to' negotiate" better terms. We must avoid a "solution" like that recently announced between Secretary Babbitt and the state over the Gnatcatcher -- the environmentalists got a 90 per cent "solution." Long term solutions. During the coming legislative session I will be working again both to develop new water capacities for the future and to regain California control of its own water. Shasta, AUburn, through Delta plumbing need to be reconsidered. Economic and honest science must made an integral part of the Endangered Species Act. . Finally, you shOuld know that Governor Wilson has appointed me to serve on a task force to reform Water Resources Control Board permits for water discharges. The danger is that here again water quality issues will become another means of reducing the quantity of water. A hearing on water permit reforms will be held on January 24th from 2:00 p.m. until late into the evening in Sacramento. I urge you to contact me personally at my Bakersfield, Hanford or Sacramento office as we try to move together through a critical time for San Joaquin Valley's agriculture and economy. PHIL WYMAN Senator, 16th District WATER AGENCY Directors: January 13, '1993 Fred L Starrh President Gene Bogart City of Bakersfidd Terry Rogers Department of Water Resources Division 2 1000 Buena Vista Road Peter Frick Bakersfield, CA 93311 Division 3 Michael Radon RE: Agency Banking in the Kern River Channel Easterly oftbe 2800 Acres Division 4 Adrienne J. Mathews Dear G~e: Division 5 Henry C. C~u-ne~ This will confu'm our discussion last week regarding utilization by the Agency of' Di~sion S absorptive capacity in the Kern River Channel easterly of'the 2$00-acres f.or law recovery w. T. Balch by Agency wells situated in and adjacent to the 2800-acres. The absorptive capacity of.the Division 7 river channel is necessary because there is insufficient capacity to deliver available 1993 SWP entitlem~t by member units directly into the 2800 Acre Facility prior to December Thomas N. Cla~k 31, 1993. General Manager As a part of.this program, 11)4 will relinquish approximately 6,000 af of. SWP John F. Stovali General ~ounsel water banked earlier this year in the 2g00-acres. It was the recommendation of'the Urban Bakersfield Advisory Committee to retain 20,000 at' of'water banked this year by ID4 and to exchange the overage of. 6,000 af.with west side districts who will trade their entitlement. to ID4 f.or direct recharge by II)4 within the district during November and l~mber. Because this release of'6,000 afin the 2$00-acres to the west side is insufficient for their nexis and because use of'the absorptive capacity available in the river channel would increase total water deliveries into Kern County in 1993, we agreed that it would be desirable to permit banking by the Agency on behalf of west side districts in the river channel under terms and conditions as cited following: · The water to be spread and han~ed under Us program shall be placed in the Agency's ~neral Groundwater Storage Account and reflected in the City's 2800 Acre hydrographic report for 1993. ,, City spreading fee component ($5.44/af during calendar year 1993) would be paid by the Agency as though the water were banked within the 2800-acres. , Later recovery of banked water by the Agency on behalf of west side districts would be limited to 93 percent of that amount banked outside of the 2800-acres during the November/December 1993 period. In addition, recovery shall be governed by the City and Agency Agreement No. 84-232 dated October 17, Mailing Address: 1984. P.O.'Box 58 Bakersfield. CA 93302-0058 Phone: 805/634-1400 Fax: 805/634-1428 Gene Bogatt January 13, 1994 Page 2 . The amount of the absorptive capacity available for Agency use in the river easterly of the 2800-acres is approximately 10,000 af after all of ID4's 1993 entitlement has been exhausted and after the exchanged 6,000 af has been recharged in the district by 11}4. The concepts outlined in this letter agreement would be incorporated into the CEQA proceedings or the Environmental Impact Report to be prepared, in conjunction with the Agency's Long Term Water Supply Project. Any additional mitigation required that is not presently covered under this agreement will be addressed in such report. If this reasonably describes your understanding of this banking activity, please so indicate and return a copy for our files. Thank you very much. Very truly yours, Robert K. Bellu~ Chief Engineer CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT By: Date: DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION AGREEMENTS Water Board Meeting - City of Bakersfield Wednesday, January 19, 1994 TRACT or ORIGINAL REFUND 2V2% DEVELOPER PARCEL MAP COST OF COST ' The DeWalt Group, Inc. TR 5675, PH 1 $64,774.96 $1,619.37 2340 Niles Street Bakersfield, CA 93306 Tract 5445 Partners TR 5445, PH 2 29,884.64 747.12 2340 Niles Street Bakersfield, CA 93306 Tract 5445 Partners TR 5445, PH 3 31,907.50 797.69 2340 Niles Street Bakersfield, CA 93306 TOTAL ............ $126,567.10 $3,164.18 CITY OF BAKERSFIELD WATER BOARD PROPOSED MEETING DATES FOR 1994 The Water Board, at its November 17, 1993 meeting, set the day and time for regular meetings to Wednesdays at 4:30p.m. to be held at the Water Resources Conference Room, 1000 Buena Vista Road. Below is a list of tentative regular meeting dates for 1994 to be presented and considered for adoption at the Water Board on January 19, 1994: January 19th March 16th May llth July 6th or 27th September 14th or 21st November 9th or 23rd ~- ~ SCHEDULED MEETINGS ,' ,~, JANUARY 1994 THROUGH DECEMBER 1994 · BAKERSFIELD CITY COUNCIL [----] REGULAR MEETING (7:00 PM) * BUDGET HEARINGS (5:15 PM) WORKSHOP/CLOSED SESSION (5:15 PM) 'O BUDGET MEETING8 MONDAYS AT NOON WEDNESDAYS AT 5:00 PM JANUARY FEBRUARY MARCH $ M T W TH F S S M T W TH F $ $ M T W TI~ F S 1 1 2 $ 4 $ 12 4 $ 9 10 11 ~ 13 14 15 13 14 15 16 17 18 19 12 14 15 15 17 18 19 16 17 18 19 20 21 22 20 21 221---~ 24 25 2~ 20 21 221-~'I 24 25 ' 26 23 24 25r--~ 27 28 29 27 28 27 28 29 ~0 31 ~0 31 APRIL MAY JUNE $ M T W TH F $ $ M T W TH F S S M T--~ TH F $ 1 2 1 2 31 4j 5 6 7 3 4 A s 4 s l el7 ' 9 ' 9 10 11 12 13 14 5 (6~ 7 Se 9' 10 I1 10 11 12 15 14 15 16 15 16 17 19 20 21 12 14 16 17 15 24 25 26 27 28 29 30 29 30 31 26 281__~ 30 JULY AUGUST SEFTEMBER S M T W TH F S S M T W TH F S S M T W TH F S 1 2 1 2 3 4 S 6 1 2 31 OCTOBER NOVEMBER DECEMBER S M T W TH F $ $ M T W TH F S S M. T W TH F S 2 $ 4 5 6 7 8 6 7 8 9 10 · 11 12 4 5 61--'~ 8 ~ 10 9 10 11 ~ 13 14 15 13 14 151 16I 17 18 19 11 12 13 15 16 17 16 17 181191 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 Adopted by Resolution No. 180-93 by the City Council on 11/10/93