HomeMy WebLinkAbout03/16/94 WATER BOARD ~- ~ ~ ~'~--
Mark Saivaggio, Chair
Conni Brunni, Vice-Chair
Randy Rowles
MEETING NOTICE OF THE
WATER BOARD
OF THE CITY OF BAKERSFIELD ~'
WEDNESDAY, MARCH 16, 1994 AT 4:30P.M.
WATER RESOURCES CONFERENCE ROOM
1000 BUENA VISTA ROAD, BAKERSFIELD, CA
AGENDA
1). CALL MEETING TO ORDER.
2). ROLL CALL - BOARD MEMBERS.
3). APPROVE MINUTES OF WATER BOARD MEETING HELD JANUARY 19, 1994.
4). PVSHc STATEMENTS.
5). DEemeD BUSINESS.
A. NORTHEAST WATER SUPPLY REPORT - UPDATE AND IMPLEMENTATION OF NEXT
PHASE.
6). ~ BUSINESS.
A. PROPOSED 5.YEAR AGREEMENT WITH OLCESE WATER DISTRICT TO PROVIDE
MISCELLANEOUS WATER FOR USE IN OLCESE DISTRICT.
B. PROPOSED CoNTRAcT AGREEMENT WITH ~KE~.~RN DELTA WATER DISTRIcT
CONCERNING OPERATION OF JOINTLY OWNED CARRIER CANAL EAST OF MANOR
STm~ET (BICYCLe, PA~). ~
C. K~Pa~ covlvrv WATER AGENCY O~PROVEMENT ms~acrr m 4 ~,M~DMENT TO
FORMATION RESOLUTION TO INCREASE TREATED WATER PRICE AND PUMP
TAXES WITHIN ID N· 4 BOUNDARIES.
D. DOMESTIC WATER MAINLINE EXTENSION.CONTRACTS.
E. CAPITAL IMPROVEMENT PROJEC'I~ . TRUXTUN LAKE PIPELINE RETURN &
CO~E ROAn WATER ~SMISSlO~ ~ EX~SIOS.
WATER AWARENESS rao~z~i "rw Rrm/WAL~ rO~ WATER". m~RN cocrm'v
WATER AaE~CY wrm crrY co.sPo~soR.
7). Anjo~ME~?.
1000 BUENA VISTA ROAD , BAKERSFIELD, CALIFORNIA 93311 * (805) 326-371'5
WATER BOARD - CITY OF BAKERSFIELD
WEDNF_3DAY, JANUARY 19, 1994
4:30P.M.
The meeting was called to order by Boardmember Salvaggio at 4:35p.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
November 17, 1993. Motion carried.
There were no public statements.
The agreement with Buena Vista Water Storage District to allow exchange of Kern River
water for 2800 Acre well water, was brought before the Board by Gene Bogart. The agreement is
initially for five-years, but may lead to a permanent arrangement to allow City access to Buena
Vista's Kern River water for use within the City. Boardmember Brunni had a concern regarding
2800 Acre groundwater extraction due to endangered species. Mr. Bogart explained that if this
happened that an instantaneous exchange would be arranged, that is acceptable to both parties.
Motion was made by Boardmember Salvaggio to approve this agreement. Motion carried.
~ Bulletin 160-93, the California Water Plan Update was presented before the Board by Florn
· Core. The Bulletin 160-93 is a document designed to set the tone for water development and use
in California to the year 2020. Mr. Core attended the State Water Resources Control Board hearing
in Visalia on January 14, 1994, and presented testimony on the draft Bulletin 160-93. One of the
Bulletin's major points was that demand for agricultural water will decrease by about 2 million acre
feet by 2020 due to a reduction of 400,000 crop acres and increased agricultural irrigation efficiency.
Boardmember Brunni asked how the 400,000 crop acres will go out of production. Staff answered
that, according to the Bulletin, it would be a combination .of urbanization and water costs.
Boardmember Brunni stated that since farming is a major portion of our economy, the plan is taking
200,000 of land with virtually no compensation and that is a problem.· Boardmember Brunni also
stated that groundwater overdrafting is environmentally unsound and is not sustainable. Mr. Core
has written a letter which translates the testimony that he gave for the record at the hearing. Motion
by Boardmember Brunni to approve the letter for signature and transmittal with recommended
additions. Motion carried.
Mr. Core presented before the Board the letter from State Senator Phil Wyman concerning
upcoming hearings on the Sacramento Delta water qUality standards. Mr. Core suggested City staff'
monitor the hearings and provide appropriate responses at the hearings if and when necessary.
Boardmember Brunni questioned whether staff should attend these hearings and testify. Mr. Scott
Slater, City consulting attorney, suggested a letter be sent requesting the City be provided with all
documents generated by the hearings. Motion was made by Boardmember Brunni for staff to send
a letter requesting information. Motion carried.
A letter agreement between Kern County Water Agency and City for spreading and banking
of imported water in the Kern River channel was brought before the Board by Mr. Bogart. This
agreement will allow the delivery and banking of water further east, upstream of the 2800 Acres, in
the metropolitan area of Bakersfield. 'The extraction of the bankedwater will remain in and around
the 2800 Acres. This action will effectively enlarge the 2800 Acres because the Cross Valley Canal.
is at capacity for direct delivery to the spreading works. City staff recommends approval of this
agreement. Motion was made by Boardmember Salvaggio to approve the agreement. Motion
carried.
The Northeast Water Supply project was presented to give an update and to discuss the next
phase of. the report. Mr. Bogart introduced Morris Taylor of Ricks, Taylor & Associates and Joe
Gillick of Kennedy/Jenks Consultants. Mr. Taylor reported there had been few comments on the
first phase report. The second phase report will entail finding the best location for a water
treatment plant, storage, and distribution facilities required to provide water to the participating
districts. The report would define the project, facilities, sizing and estimate construction costs for
various alternatives. The estimated cost to complete this second phase study is $60,000. Staff is
recommending this phase of the study be cost shared by the City, Olcese Water District and Kern
County Water Agency ID#4 for one-half and the other half by the potential benefiting water
purveyors, those being North of the River, Oildale Mutual, Vaughn Mutual, East Niles Community
Services District, California Water Service and City Domestic Water. Boardmember Brunni asked
if the project is completed, would it become part of the City's water system. Mr. Core said that has
not been determined. BOardmember Brunni said there is a benefit to other entities for spreading
and banking capabilities the City has and asked staff and the consulting engineer if these costs will
be included when estimating benefits. Mr. Bogart responded that the Citywill determine among the
participants and agree on a proposal at the end of the report. Boardmember Rowles requested to
see identifiable work items and to hear the response from other purveyors, to make sure the City's
interest is first and foremost in this process. Mr. Core said that staff will report the financial end
of financing this phase of the study at the next Board meeting. Mr. Bogart said that a City Water
Board financial commitment is not needed at this time and will be presented to the Board 'at the
next scheduled meeting. For Board information. No action taken.
For information, Mr. Core presented three Mainline Extension Contracts, one with The
DeWalt Group, Inc~ in the amount of $64,774.74 and two with Tract 5445 Partners in the amount
of $61,792.14. All will be paid over a 40 year period at $3,164.18 per year. For Board information.
No action taken.
The Board discussed the meeting schedule for 1994 and the meeting dates are March 16th;
May llth; July 6th; September 14th and November 9th. All meeting times will be at 4:30p.m. with
the exception of November 9th, which will be held at 4:00p.m. Motion to approve these dates was
made by Boardmember Brunni. Motion carried.
There were no Board comments.
Staff comments were that early indications of Kern River run-off are the amount of water
available to the City will be similar to FY 1991/1992, which was 38% of normal. Water content in
the watershed is well below normal for this time of year, and if the current weather patterns continue
it is possible to have the driest year on record.
2
Motion to adjourn made by Boardmember Brunni at 5:42p.m. Motion carried.
Mark Salvaggio, Chairmarf'r'v
City of Bakersfield Water Board
"' tl~
Sharon Robison, Secretary
City of Bakersfield Water Board
REVISED DISCUSSION DRAFT -- PROPOSED SCOPE OF WORK
Facilities Plan & Feasibility Investigation
Northeast Water Treatment Plant
The purpose of this phase of work is to define a new treated surface water supply system for
northeast Bakersfield so that financial planning, environmental review, and definitive design
can be successfully completed.
The proposed service area is approximately 40 square miles. It includes all of the East Niles
Community Services District and Olcese Water District and the portion of Kern County Water
Agency's Improvement District No. 4 east of Oswell Street. It also includes the land between
Olcese and ID4 that will be served by the Northeast Sewer Assessment District. Areas
outside the 40-square-mile direct service area may benefit from the proposed facilities by
"freeing up" existing treatment capacity for service to other areas.
The requirements for water from a new source in the proposed northeast Bakersfield service
area are conservatively estimated to range from 15 mgd (23 cfs) in the year 2000 to 61 mgd
(94 cfs) by 2033. A major additional benefit of the northeast Bakersfield 'system will be its
ability to replace well water supplies in many areas with Kern River water when river water is
available, thus preserving ground water for times of need.
The 'following scope of work will test the physical and financial feasibility 'of building one or
more new domestic water treatment plants to serve northeast Bakersfield. We will prepare a
depiction of the proposed system and cost estimates for the recommended facilities. Costs
for the proposed system will be compared to other alternatives on the bases of cost (capital,
operations, maintenance, power, and replacement) and other potential benefits. The test for
financial feasibility will be reasonableness of cost as compared to other methods to provide a
new water supply. After financial feasibility is tested, we will address environmental
feasibility and prepare a schedule for development of the recommended project.
The information contained in the report of this investigation will become the basis for financial
planning for the project and detailed design, if the sponsors wish to continue to develop this
project.
TASK 1. PREPARE CONCEPTUAL DESIGN OF TREATMENT, PIPING, AND STORAGE
SYSTEMS.
Purpose: This task will reduce the potentially large number of alternative projects to a
manageable list of alternatives.
Issues: Issues that should be addressed during performance of this task include those listed
below. We will seek advice from project sponsors and their technical advisors to list
additional pertinent issues that need to be addressed.
· Location for Kern River diversion or diversions.
®' Location for treatment plant or plants, untreated water storage, transmission
pipelines, and treated water storage.
Page 1
REVISED DISCUSSION DRAFT
· Definition of ancillary project purposes such as facilitation of Kern River water
exchanges.
· Optimization of long-term energy costs.
· Consideration of phasing construction to match anticipated water demand increases
over time.
Approach: We will review past reports and analyze candidate projects qualitatively with the
project sponsors and select a "short list" of potential projects for more detailed evaluation.
We will prepare "issues lists" and discuss them with project sponsors and review siting-related
issues with sponsors in the field.
Schedule: We are ready to begin this task immediately upon authorization of this scope of
work. We expect this task to take approximately 60 days. We are allowing an additional 30
days for review and revision.
Work Product: The work product will be large, to-scale plans of alternative facilities
accompanied by appropriate discussion text and evaluation matrices. Project understanding
may be enhanced by preparation of "bubble" diagrams that will serve to explain the
relationship between water supply points and quantities to water demands in the summer and
winter seasons.
Discussion: The project team will prepare to-scale plans and schematics of two alternative
regional water supply systems. The first alternate will consist of using a single surface water
treatment plant with the Kern River as a source. The second alternate will consist of using
multiple water treatment plants on the river, including the existing Olcese Water -Treatment
Plant. In both alternatives, water supplies may be supplemented in the interim by temporary
service from the East Niles, ID4, and the California Water Service Company. We will
recommend the more favorable alternative for further consideration based on the cost analysis
and the ability of the proposed systems to meet supply criteria.
TASK 2. PREPARE PROGRAM-LEVEL COST ESTIMATE.
Purpose: Preparation of this cost estimate will permit potential sponsors of this project to
· evaluate costs as compared to costs for alternate projects and to evaluate potential benefits.
Issues: The primary issue will obtaining a valid cost estimate for the proposed project. The
cost estimate must reflect EPA-driven changes in requirements for surface water treatment.
Approach: The project team will draw upon a number of assets to prepare a detailed cost
estimate for review by project sponsors. We will use the following sources of information in
preparation of that cost estimate:
· Discussions with area contractors to determine their perspective on cost trends and
issues.
· Recent experiences of the project team with water facilities design and construction.
· Experience of the project sponsors with construction and operating costs in the
Southern San Joaquin Valley.
Page 2
REVISED DISCUSSION DRAFT
· Knowledge of the potential impacts of EPA and California proposals to require higher
treatment standards.
Schedule: Work on the cost estimate will be concurrent with work on task one. We expect
that the cost estimate will be available several weeks after completion of the review of the
conceptual design by project sponsors.
Work Product: The project cost estimate will be prepared in detailed spreadsheet format and
as a summary document.
Discussion: We will prepare program-level 'cost estimates in sufficient detail to permit review
and discussion of the economic merits of the alternatives described above. These estimates
will include consideration of probable costs for capital construction; purchase of land and
easements; operating costs including power, maintenance costs; and recommendations for
replacement reserves.
TASK 3. ESTIMATE AND EXPLAIN SYSTEM BENEFITS, BENEFICIARIES, AND OPERATING
CONSTRAINTS.
Purpose: Each of the project sponsors will have to make decisions about funding this project
based on relative economics, potential benefits, and other criteria. This task will identify both
quantifiable benefits and non-tangible benefits that might accrue to area water entities. This
task will also explain some of the operating constraints which might tend to limit benefits .to
some participants.
Issues: This project can have numerous, significant benefits to water entities operating in
northeast Bakersfield. Additionally, it will have the potential to benefit all of the urban area by
"freeing .up" capacity in the Garnett Plant and by reducing ground water use. Many of the
benefits of this Project are not quantifiable, yet must be clearly identified for potential project
participants and for the general public who will ultimately pay for this project.
Approach: Our approach will be to prepare lists of benefits for each entity which seems to
benefit from the proposed project as well as preparing a list for the ground water basin as a
whole. These "benefits lists" will be drafted early in the process of preparing this report.
They will be reviewed with the benefitted agency; revised t° reflect comments; and included
in the draft and final reports.
Schedule: Work on the "benefits lists" will begin after Task 1 has progressed sufficiently that
project is identified. We expect that the draft "benefits lists" will be available several weeks
after completion of the review of the conceptual design by project sponsors.
Work ProduCt: The work product will be lists of potential benefits which might accrue to each
of the water entities affected by the project and to the ground water basin as a whole.
Discussion: For each of the alternative systems developed in Task 1, above, we will develop,
discuss, and list potential benefits and conStraints. We may supplement these benefits lists
Page 3
REVISED DISCUSSION DRAFT
with a matrix type of presentation to assist in evaluation of potential benefits by project
participants and the public.
TASK 4. PREPARE DEVELOPMENT SCHEDULE.
Purpose: It is necessary to have a reasonable development schedule to plan for the many
administrative, technical, environmental, legal, and construction tasks that must be completed
to develop the proposed northeast Bakersfield water supply system.
Issues: Each of the elements necessary to develop this project must be shown and
coordinated with project sponsors in order for the project to develop in an orderly manner.
Approach: We will prepare a detailed project schedule for review by project sponsors and
redraft it as required. The schedule will be "tied" to the cost estimate developed in Task 2,
above.
Schedule: Work on the project schedule will begin after Task 1 has progressed sufficiently
that a project is identified. We expect that the draft project schedule will be available several
weeks after completion of the review of the conceptual design by project sponsors.
Work Product: The project schedule will be prepared in two formats (1) as a list of events.and
(2) as a graphic linear calendar.
Discussion: We will prepare implementation schedules for development of the selected
alternatives. The schedules will be prepared in electronic file format so that they can be
updated and revised as necessary. The schedules will show major administrative, technical,
environmental, legal, and construction milestones for the recommended project.
TASK 5.' DESCRIBE PROBABLE REQUIREMENTS FOR ENVIRONMENTAL DOCUMENTATION.
Purpose: Potential environmental constraints must be recognized early in the development of
a project. Early recognition of environmental constraints can avoid, significant project delays
and mitigation costs.
Issues: Most of the areas that will be impacted by the proposed project are areas which have
been addressed by general and specific plans, For these areas, environmental documentation
and mitigation measures should be straight forward. We will be alert to areas impacted by
proposed projects that might have special biological or cultural significance. These areas
might require special environmental investigation, documentation, and mitigation measures for
either construction or operational'impacts.
In general, we expect that construction of pipelines and treated water storage tanks will have
minimal environmental impact. The treatment plant site and the untreated water storage
reservoir both will occupy several acres of land and may have the potential for significant
environmental impacts.
Page 4
REVISED DISCUSSION DRAFT
Approach: The project team will review information available to City and County Planning
Departments for potentially significant environmental issues relating to the general areas in
which facilities might be sited. We will recommend a general approach to environmental
investigations and documentation thereof to minimize risk of significant impact to the
environment.
Schedule: This work will be done concurrently with preparation of the draft report.
Work Product: The technical report will contain a chapter which assesses environmental risk
associated with project construction and operation and recommends an approach to properly
assessing and minimizing that risk.
Discussion: Subject to technical contribution andreview by staff representing the City,
KCWA, and Olcese, we will prepare a plan for environmental review and compliance
documentation.
TASK 6. PREPARE DRAFT TECHNICAL REPORT AND REVIEW WITH THOSE AFFECTED BY
THE PROJECT.
Purpose: The draft technical report will define the recommended northeast Bakersfield water
supply project for discussion with project sponsors.
Work Product: The work product will consist of 20 Copies of the draft report circulated to
interested parties and two meetings. The meetings will consist of presentation and discussion
of the information in the draft report and response to questions.
Approach: It is critically important to the success of this project to review the contents of the
Facilities Plan and Feasibility Investigation with all of those that might be affected by the
proposed project. Review of the draft report will alert the project team to important issues
that'must be addressed by the ~final report.
Schedule: The draft report will be'prepared within 60 days of the completion of the
conceptual design.
Discussion: Using the information developed in the previous tasks and reviewed by the parties
to this study, we will prepare a draft technical report. The draft technical report will contain
sufficient information so that interested water profe, ssionals can review the methodology and
conclusions of the study team; yet the report will not contain unnecessary bulk. This report
will be circulated for review, its content will be presented orally to several groups. Copies of
any written comments on the draft report will be included as an appendix to the final report.
TASK 7. PREPARE FINAL TECHNICAL REPORT AND PREPARE REPORT SUMMARY FOR
REVIEW BY THE GENERAL PUBLIC.
Purpose: The final technical report will define the northeast Bakersfield water supply project
sufficiently to permit project sponsors to begin financial planning, environmental
documentation, final site selection, and detailed design.
Page 5
REVISED DISCUSSION DRAFT
Approach: The final technical report will be developed cooperatively with the project sponsors
in the manner described in detail, above.
Schedule: The final reportwill be completed in approximately 30 days after project sponsors
complete their review of the draft report.
Work PrOduct: The work product will consist of 50 Copies of the final report circulated to
interested parties and two formal presentations, the presentations will consist of a formal,
structured discussion of the information in the final report, and response to questions. The
final report will contain written comments received during review of the draft report.
In addition to the technical report, we will prepare a non-technical report summary (100
copies) for presentation to audiences that might not benefit from a rigorous, technical
presentation.
Discussion: Based on the review comments received, we will revise the draft technical report.
We will prepare the final report, distribute it, and present the technical findings. The
'presentations will include the use of presentation aids that will show how the report data was
developed and assist in explanation of the recommendations and conclusions. ·
Page 6
NORTHEAST WATER SUPPLY REPORT
Water Resources staff and the project study engineers met with interested parties on
February 1, 1994 to review the First Phase of the study, discuss the scope of Phase Two and consider
financial participation of benefited water purveyors in the proposed Phase Two study.
The parties agreed to the scope and concept of the proposed Phase Two, as described in the
"Revised Discussion Draft". Benefited participants agreed to funding of the $60,000 Phase Two
study, contingent upon each partidpants board approval.
All participants at this time have received approval of the expenditure based upon the
following split:
Olcese Water District $10,000
Kern County Water Agency 10,000
Oildale Mutual Water Co. 5,000
Vaughn Mutual Water Co. 5,000
East Niles CSD 5,000
California Water Service 5,000
North of River Municipal WD 5,000
City of Bakersfield 1 O, 000
Ashe Water (City Domestic) 5~000
Total $60,000
DRAFT'3.02.94 .~
AGREEMENT NO.
WATER SUPPLY AGREEMENT
THIS AGREEMENT, dated , 1994, is between the CITY OF
BAKERSFIELD, a municipal corporation ("CITY"), and OLCESE WATER DISTRICT, a
California Water District ("OLCESE").
RECITALS
WHEREAS:
(a) CITY is a chartered city organized and existing' under and by virtue of the
Constitution and laws of the State of California and is situated in the County of
Kern. CITY is the successor in interest to the Kern County Canal and Water
Company; and
(b) OLCESE is a California Water District duly organized and existing under and by
virtue of the laws of the State of California. OLCESE enters into this agreement
freely in order to secure a dependable, reasonably priced raw water supply to treat
said water for domestic, irrigation, and incidental agricultural purposes on OLCESE
lands; and
(c) OLCESE wishes to purchase water from the CITY to be delivered from the Kern
River for use on OLCESE lands; and
(d) CITY has entered intoCertain agreements with OLCESE, 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") and said agreements are incorporated herein by
reference as though fully set forth; and
(e) OLCESE has entered into a certain agreement with Buena Vista Water Storage
District dated March 19, 1981, which agreement has been amended by separate
documents dated May 8, 1981 ("Buena Vista/Olcese Exchange") and said agreement
is incorporated herein by reference as though fully set forth; and
(f) CITY has certain rights to the waters of the Kern River, and CITY has determined
that under existing conditions and for an interim period of time certain portions of
said waters may be available for OLCESE's purchase and use; and
(g) OLCESE recognizes this Agreement will become the precedent to further long-term
association with CITY and the use of portions of CITY Kern River water to meet
the demands for water service within the existing boundaries of OLCESE.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
OLCESE mutually agree as follows:
1. SALE OF WATER. CITY agrees to sell to OLCESE raw untreated water
from the Kern River, for use within the existing boundaries of OLCESE, under the terms
and conditions set forth herein. CITY and OLCESE agree this contract may be recorded
in the Kern County Recorder's Office.
2. TERM. The initial term of this Agreement shall be for five years from the
date of execution, unless terminated by mutual agreement or as otherwise provided herein.
3. PRICE. OLCESE agrees to pay twenty-six dollars ($26.00) per acre-foot of
water, delivered to OLCESE for OLCESE's use. This stated price is set by action of the
City Council and shall be changed from time to time as warranted by water supply
conditions.
4. RENEWAL. This Agreement will automatically renew upon expiration of the
initial term unless either party notifies the other of its election to terminate the Agreement
within 30 days of renewal date. The automatic renewal shall be subject to changes in the
price of water, the length of term, the uses of the water by OLCESE, and the availability
of water.
5. PAYMENTS. Payments required by this Agreement which are due to CITY
shall be payable monthly upon demand by CITY, such demand will normally be made by
invoice to OLCESE, and no oversight by CITY in making such demand shall relieve
OLCESE from making all payments due to CITY.
6. QUANTITY. CITY agrees to sell to OLCESE an amount, not to exceed five
thousand (5,000) acre-feet per year, of CITY's non-utility Kern River water, or CITY water
developed from CITY's operation of its 2,800 Acre Recharge Facility, during the term of
this Agreement for domestic, irrigation and incidental agricultural purposes on OLCESE
lands, subject to the terms of this Agreement; provided, however, CITY does not represent
or guarantee the quantity stated above will be available on each and every year of this
Agreement or in any year.
7. 13-YEAR WATER REQUIREMENT. Nothing contained in this Agreement
· shall serve to alter or affect the procedure for determining the quantity of water in CITY's
2,800 Acre Recharge Facility OLCESE has banked each year in excess of its needs available
for use outside of CITY and outside of OLCESE as set forth in the Basic Spreading
Agreements.
8. SUPPLEMENTAL SOURCE OF SUPPLY. The water which is the subject of
this Agreement shall be provided to OLCESE by CITY upon mutual agreement of the
parties and is intended to supplement or be used as an alternative source to water supplies
generated by OLCESE under the operation of the Buena Vista/Olcese Exchange.
9. CONSOLIDATION OF OPERATIONS. OLCESE and CITY acknowledge
that provisions of certain existing CITY water delivery contracts (as set forth in Paragraph
21 herein) that terminate in the year 2012, will enhance the feasibility to permanently divert
a portion of CITY Kern River water to meet the demands for water service to the areas of
OLCESE that are within the incorporated boundaries of CITY. As consideration towards
the establishment of a permanent, stable and economic water supply to OLCESE, OLCESE
and CITY agree to explore, investigate and negotiate' the merging or consolidation of
OLCESE system and operations into CITY's.
10. WATER QUALITY. CITY does not represent or guarantee the quality of the
raw Water which is the subject of this Agreement. OLCESE understands the water specified
for delivery under this Agreement, as supplied from the Kern River, is UNTREATED AND
NOT FIT FOR HUMAN CONSUMPTION AS DELIVERED. OLCESE shall be solely
responsible to take said water and treat it to bring the water into COnformity with all
Federal, State, and County domestic wafer requirements prior to any domestic use. CITY
is not responsible for the quality of water in any way or at anytime, and OLCESE's failure
to properly treat the water is in no way the responsibility of the CITY. Acceptance of water
by OLCESE shall constitute waiver of any CITY liability of water quality.
11. DELIVERY OF WATER. The place of delivery of the water shall be a
mutually agreeable location on the Kern River. OLCESE may construct diversion facilities
with the approval of the State of California Reclamation Board from the Kern River to
OLCESE's lands as needed for the purpose of water delivery. Any construction in the
designated floodway of the Kern River must have State Reclamation Board approval. Such
diversion facility construction shall be done to the satisfaction and approval of the CITY
and its Director of Water Resources. OLCESE shall bear all costs and expenses of all
diversion facility construction, maintenance, repairs and replacement of the. diversion facility
during the term of this Agreement.
12. RIGHT OF ACCESS. .CITY or its duly authorized agents shall at all
reasonable times have the right of ingressto and egress from OLCESE's lands, including
OLCESE's easements and right-of-ways, for any purpose connected with the delivery or
taking of CITY Kern River water by OLCESE. CITY may use this right for all purposes
related to this Agreement.
13. SUSPENSION OF DELIVERIES. Whenever maintenance of CITY's system,
in the opinion of the Director of Water Resources of CITY, shall require suspension of
delivery of water at any point or points, such delivery shall be suspended without liability
on the part 'of CITY; provided that, except in cases of emergency as determined by the
Director of Water Resources, reasonable notice of such suspension of service shall be given
in advance of such suspension. Further, suspension of delivery may occur without notice
and without liability to the CITY whenever CITY is unable to obtain sufficient amounts of
water to supply previously existing contract demands.
14. USE OF WATER. OLCESE 'shall utilize the water received under this
Agreement subject to the following conditions:
(a) The water shall be used within the boundaries of OLCESE for irrigation,
spreading, stock water, incidental agricultural purposes, and OLCESE may use the water
for domestic purposes at OLCESE's own risk, and with OLCESE's knowledge that the
water supplied is UNTREATED AND NOT FIT FOR HUMAN CONSUMPTION without
proper treatment.
(b) OLCESE shall not sell, transfer, substitute, or exchange any water received
'under this Agreement unless it has given prior written notice to and received the 'prior
written consent of CITY to any such proposed transfer, sale, substitution, or exchange.
(c) OLCESE shall not cause any unlawful pollution or contamination of the Kern
River by return flows or other water use.
(d) OLCESE shall not be negligent or wasteful in the use of water on OLCESE's
lands and CITY may discontinue service if deemed, in CITY's judgment, that the water
obtained under this Agreement is wasted or used in a manner inconsistent with the intent
of this Agreement.
15. WATER METERS. It shall be the obligation of OLCESE to provide, maintain
and pay for all CITY approved water meter or measuring devices necessary to measure and
verify the quantities of water received by OLCESE from CITY under the terms of this
Agreement. CITY is not required to bear the costs of any construction or maintenance of
measuring facilities. OLCESE shall monthly provide to CITY reports detailing the amount
and purpose of water used by OLCESE on its lands. Such report shall be in a format as
determined and approved, by CITY Director of Water Resources.
16. SALE OR TRANSFER OF ASSETS. To meet the mutual goals of providing
a stable, long-range water supply to serve the OLCESE area, OLCESE shall notify CITY
of OLCESE's intention to sell or transfer the water conveyance, treatment and distribution
facilities constructed by OLCESE. To further reinforce these long-range goals, OLCESE
shall grant CITY first right of refusal to acquire Said facilities through out the term of this
Agreement. Transfer of any right or rights under this Agreement without CITY consent
shall allow CITY to terminate this Agreement.
17. WATER RIGHTS. OLCESE agrees that nothing contained in this Agreement
shall affect or change the existing Kern River water rights or Lake Isabella water storage
rights of CITY; and OLCESE explicitly agrees that its receipt of water is subject to all
existing contracts and agreements set forth in this Agreement.
Without limiting the foregoing, OLCESE, and for its successors and assigns,
agrees never to assert or claim that its receipt or use of waters of the Kern River pursuant
to this Agreement shall create, constitute or establish a right to the use of such water as
against CITY at any time or in any manner or for any purpose except pursuant to and in
accordance with this Agreement.' ff any such claim be made, it shall be void ab initio, ff
at any time during the term of this Agreement OLCESE should endeavor to. establish or
claim to have established any right to any such water as against CITY, then CITY may
terminate the supply of water to OLCESE hereunder by written notice to OLCESE.
OLCESE and CITY hereby agree during the time this Agreement is in effect that
all rights or claims of rights in and to the use of Kern River water CITY may now have or
which it may hereafter acquire are subject to all those agreements, documents, and decrees
to which its predecessors in interest were parties, the same as if the CITY itself had
executed such agreements or documents or it had been a party bound by said deCree and
to the same extent as if the CITM had itself administered or otherwise interpreted such
matters; to the so-called Shaw Decree to the same extent as if it had been a party defendant
in said litigation; and to all agreements executed by North Kern acting for itself and for
other First Point interests the same as if the CITY had expressly requested North Kern to
so act for the benefit of its predecessors and to the same extent as if the CITY itself had
administered and interpreted said matters in the place and stead of its predecessors-in-
interest.
18. 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
received by OLCESE.
19. INDEMNITY. OLCESE 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 OLCESE,
OLCESE'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.
20. DUPLICATE EXECUTION. This Agreement is entered into and executed
in duplicate, either copy of which may be 'considered and used as 'the original for all
purposes.
21. PRIOR RIGHTS AND OBLIGATIONS. The rights of CITY in and to the
water of the Kern River and the obligations agreed to herein are subject to the existing
rights and obligations flowing from all prior executed agreements and documents relating
to such rights including, but not limited to, the following:'
(a) Miller-Haggin Agreement, dated July 28, 1888;
(b) Farmers Canal Co., et al. v. J.R. Simmons, et al. (Findings and Decree,
Judge Lucien Shaw), dated August 6, 1900;
(c) Agreement to supply water to Hart Park, dated March 17, 1934;
(d) Agreement with North Kern Water Storage District for Use of Water
Rights, dated January 1, 1952;
(e) .Agreement with North Kern Water Storage District of Sale' of Canals
and Other Assets for Transportation of Water, dated January 1, 1952;
(f) Agreement Amending Miller-Haggin Agreement, dated September 14,
1955;
(g) Agreement to Transport Rosedale-Rio Bravo Water, dated November
2, 1960;
(h) Kern River Water Service Agreement with Rosedale Rio Bravo Water
Storage District, dated August 31, 1961;
(i) Kern River Water Rights and Storage Agreement by and among Buena
Vista Water Storage District, North Kern Water Storage District, Tulare Lake Basin Water
Storage District, and Hacienda Water Storage District, dated December 31, .1962;
O) Agreement for Establishment and Maintenance of Minimum
Recreation Pool of 30,000 Acre Feet in Isabella Reservoir, dated November 8, 1963;
(k) 1964 Amendment to the Miller-Haggin Agreement dated January 1,
1964;
(l) Storage Agreement among First Point Entities, dated March 3, 1964;
(m) Ming Lake Temporary Service Agreement, dated June 9, 1964;
(n) Contract among the United States of America and North Kern Water
Storage District, Buena Vista' Water Storage District, Tulare Lake Basin Water Storage
District, and Hacienda Water District, dated October 23, 1964;
(o) Contract among Cawelo Water District, Kern River Canal & Irrigating
Co. and North Kern Water Storage District, dated December 21, 1972;
(p) Agreement among the State of California, Kern County Water Agency,
and the Kern River Interests for Diversion of Flood Waters through the Kern River-
California Aqueduct Intertie, dated October 16, 1975;
(q) Agreement-by and between City of Bakersfield, City of Bakersfield
Water Facilities Corporation, Tenneco West, Inc., Kern Island Water Company, and Kern
River Canal and Irrigating Company, dated April 12, 1976;
(r) Agreement for the Sale of Kern River Water and canals by and
between City of Bakersfield and North Kern Water Storage District, dated May 27, 1976;
(s) Agreement for the sale of Kern River Water by and between City of
Bakersfield and Cawelo Water District, dated May 28, 1976;
(t) Agreement for the Sale of Kern River Water by and between City of
Bakersfield and Kern-Tulare Water District, dated May 28, 1976;
(u) Agreement for the sale of Kern River Water by and between City of
Bakersfield and Rag Gulch Water District, date May 28,~ 1976;
(v) Agreement Amending the Kern River Water Service Agreement, dated
August 31, 1961, to Provide for the Long-Term Sale and Delivery of Kern River Water by
and between City of Bakersfield and Rosedale-Rio Bravo Water Storage District, dated
June 6, 1976;
(w) Agreement for the sale of Kern River Water Rights and Canals by and
between City of Bakersfield and Kern Delta Water District, dated June 15, 1976;
(x) Agreement by and between City of Bakersfield and Tenneco West, Inc.
and Tenneco Realty Development Corporation, dated May 2, 1977;
(y) Future sales, transfers or assignments of anypart or all of the rights
referred to in any of the agreements and documents identified in this paragraph.
22. WAIVER OF DEFAULT. The failure of any party to enforce against another
a provision of this Agreement shall not constitute a waiver of that party's right to enforce
such a provision at a later time, and shall not serve to vary the terms of this Agreement.
23. HEADINGS. All paragraph or section captions are for reference only and
shall not be considered in construing this Agreement.
_7
· 24. FORUM. Any lawsuit between or among the parties involving the
interpretation or enforcement of this Agreement shall be instituted and maintained in Kern
County, California.
25. TIME. Time is of the essence in this Agreement.
26. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be sent by certified or registered mail and be effective upon depositing in the United
States Mail. The parties shall be addressed as follows, or at any other address designated
by written notice and provided in the manner herein specified:
TO CITY: City of Bakersfield
Department of Water Resources
1000 Buena Vista Road
Bakersfield, CA 93311
ATTENTION: Director of Water Resources
TO OLCESE: Olcese Water District
Post Office Box 651
Bakersfield, CA 93302
ATTENTION: District Manager
27. ASSIGNMENT. This Agreement shall not be assigned by any party, or any
party substituted, without prior written consent of all the parties.
28. BINDING EFFECT. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors and assigns.
29. 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 in a writing approved by the City Council and signed
by all the parties.
30. NEGATION OF PARTNERSHIP. Neither CITY or OLCESE 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.
31. COMPLIANCE WITH ALL LAWS. OLCESE shall, at OLCESE's sole cost,
· comply with all of the requirements of Municipal, State, and Federal authorities now in
force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully
observe in all activities relating to or growing out of this Agreement all Municipal
8
ordinances and State and Federal statutes, rules or regulations now in force or which may
hereafter be in force.
32. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation and therefore shall not be construed against any~party. '
33. INTEREST. OLCESE shall pay CITY interest at the legal rate on all
expenses or costs reasonably incurred by CITY in the enforcement of the indemnity
provisions of this Agreement, and of any sums CITY may pay as a result of claims,
demands, cost, or judgments with respect to the subject matter of this Agreement, from the
date such sums are actually paid.
34. PRE-JUDGMENT INTEREST. In the event of a default by any party to this
Agreement, the non-defaulting party shall be allowed to recover interest on all damages at
the legal rate from the date of the breach.
35.. SURVIVAL OF REPRESENTATIONS. All representations, warranties and
covenants of OLCESE set forth herein shall survive the termination of this Agreement.
IN WITNESS WHEREOF,. the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
CITY OF BAKERSFIELD
By
BOB PRICE
Mayor
APPROVED AS TO FORM:
ALAN D. DANIEL
Assistant City Attorney
By
COUNTERSIGNED:
By
GREGORY J. KLIMKO
Finance Director
"OLCESE"
OLCESE WATER DISTRICT
By
Title
lO
COMMON USE AGREEMENT BETWEEN' ~~/~~~~
KERN DELTA WATER DISTRICT AND
THE CITY OF BAKERSFIELD
THIS AGREEMENT is made by and between KERN DELTA WATER
DISTRICT, a California water district, organized and existing under
the provisions of Division 13, Sections 34,000 et. seq., of the
California Water Code, hereinafter referred to as "Kern Delta", and
the CITY OF BAKERSFIELD, a Charter City, ~organized and existing
under and by virtue of the Constitution and laws of the State of
California, hereinafter referred to as "City" and will become
effective january 1, 1994.
RECITALS
THAT WHEREAS:
'A. That portion of the Carrier Canal and underlying right-
of-way, extending from Rocky Point to the Eastside Canal back-up
weir at four weirs, exclusive of the Rocky Point and Eastside Canal
weir structures (hereinafter referred to as "Carrier Canal"), is
jointly owned by Kern Delta and City as tenants in common, with
Kern Delta having a forty-nine percent (49%) undivided interest in
said Carrier Canal and the City having a fifty-one percent (51%)
undivided interest in said Carrier Canal as evidenced by Agreement
No. 76-70, "Agreement for the Sale of Kern River Water rights and
Canals by and Between City of Bakersfield and Kern Delta Water
D~strict," dated June 15, 1976;
B. The operation and maintenance expenses of the
aforementioned reach of the Carrier Canal are presently shared
between Kern Delta and City with Kern Delta .paYing 49% of said
expenses and City paying the remaining 51% of said expenses;
C. City has constructed the Kern River Bike Path Extension,
hereinafter referred to as "Bike Path," over and upon the ex~sting
Carrier Canal from Manor Street to a point on the Carrier Canal
approximately 9,600 lineal feet to the East;
D. Kern Delta consents to said construction and City's
utilization of said right-of-way for construction, operation and
maintenance of said Bike Path, upon the terms and conditions herein
set forth.
NOW, THEREFORE, incorporating the foregoing recitals herein,
Kern Delta and City hereby agree as follows:
1. City agrees, at its own expense, to design, construct,
operate and maintain the Bike Path and, to the extent the Carrier
Canal is disturbed, to substantially restore it to its original
condition.
2. City agrees to pay all costs associated with the
Planning, construction, operation, maintenance and.repair of said
Bike Path. City agrees to construct, operate, maintain and repair
the Bike Path in a manner which will not unreasonably interfere
with Kern Delta's required use of the Carrier Canal for water
distribution. Kern Delta agrees to use its best efforts and to
cooperate in assisting City with its construction work by advance
planning and scheduling of its Carrier Canal use requirements.
City may provide other means, subject to approval by Kern Delta,
for the purpose of continuing Kern Delta's distribution of water
2
during the period of operation, maintenance and repair of Said Bike
Path. It is agreed that City shall own the Bike Path facilities
constructed pursuant hereto; however, the nature and utility of
Kern Delta's right-of-way and easement shall not be unreasonably
diminished or.restricted by construction of the Bike Path.
3. City shall pay the reasonable cost of restoration and
repair of any portion of the Carrier Canal that is substantially
disturbed as a result of the design, construction, operation,
maintenance or repair of the Bike Path.
OPERATIONAL EXPENSES
4~ City agrees to pay all costs and expenses generally
associated with City's operation of the Carrier Canal.
5. City agrees to pay all costs associated, either directly
or indirectly, with the construction and operation of said Bike
Path. For purposes of this Agreement, construction and operation
of the Bike Path shall include, but not be limited to, planning,
preparation of the Carrier Canal for construction of the Bike Path,
actual construction of the Bike Path, maintenance, repair and all
costs associated with the deterioration and/or damage to the
Carrier Canal as a result of said Bike Path or use thereof.
MAINTENANCE EXPENSES
6. Kern Delta agrees to be responsible, for all general
maintenance costs associated with City's operation of the Carrier
Canal. For purposes of this Agreement, general maintenance shall
include sloping of banks, weed abatement, maintenance of right-of-
way and general upkeep of the Carrier Canal.
7. Kern Delta agrees to pay all costs associated with the
routine repair and maintenance of the Reclamation weir, Waste'gate
3
and head gate, and all other water control facilities now or which
may hereafter be located within the Carrier Canal.
SPECIAL MAINTENANCE
8. ~ Kern Delta agrees to pay forty-nine percent (49%) and
City agrees to pay fifty-one percent (51%) of all costs associated
with special maintenance of the Carrier Canal. No special
maintenance costs shall be incurred until City and Kern Delta agree
in writing to incur such expenses. For purposes of this Agreement,
special maintenance shall include the following:
(a) Fencing shall include the repair and replacement of
any existing fencing along the Carrier Canal.
(b) Structures shall include major repairs and
replacement of all or any portion of the Reclamation weir,
Waste gate or head gate, all located within the Carrier Canal.
(c) Dredging/Shelf Work shall include dredging and shelf
work within the Carrier Canal resulting from the accumulation
of sand within the'Carrier Canal from the normal and required
use of the Carrier Canal as a water transportation facility.
Dredging and shelf work shall not include work required as a
result of sand deposited in the Carrier Canal from the
operation and maintenance of the Bike Path.
(d) Acts of God shall include any repair or maintenance
of the Carrier Canal caused by an act of God, which shall
include but not be limited to, fire, flood, earthquake,
mudslide, temperature extremes, wind or other unforeseen
circumstances.
(e) Intentional or Negligent Acts of Third Parties shall
include all acts of third parties that cause damage to the
4
Carrier Canal.
9. The costs associated with the application of approved
aquatic herbicides will be paid proportionately by Kern Delta and
City based upon hydrographic records of the flow of water in the
Carrier Canal for the three months preceding the month of
application. With proper notice to the other party, suCh approved
aquatic herbicides will be applied at a time which is mutually
agreeable to both Kern Delta and City.
MISCELLANEOUS
10. Kern Delta and City will jointly work together to control
dust emanating from the Carrier Canal.
11. Kern Delta hereby agrees to use reasonable efforts to
maintain the Carrier Canal in a manner which is consistent with the
historical aesthetics of the Carrier Canal, and will allow the
continued uninterrupted operation of the Carrier Canal.
12. Kern Delta and City hereby agree this Agreement shall in
no way affect, alter ~or modify Kern Delta's or City's capacity in
the Carrier Canal.
13. City shall obtain the approval of Kern Delta for any and
all maintenance work on the Carrier Canal which the City desires to
complete at its own cost. Such aPproval shall not be unreasonably
withheld.
14. It is further understood and agreed that City, and not
Kern Delta, its officers, agents or employees, is responsible and
liable for any defective, harmful or negligent work done by any
person, entity or organization pursuant to the construction of the
Bike Path.
15. The term of this Agreement shall commence on the date
first set forth above and shall terminate upon either party giving
notice to the other of abandonment of its utilization of said
Carrier Canal for the purposes herein contemplated.
16. All notices or other communications herein provided to be
given or which may be given by either party to the other shall be
deemed to have been fully given when made in writing and deposited
with the United States Postal Service, registered °r certified,
postage prepaid and addressed as follows:
' Notice to the City shall be made to:
City Council
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, Ca 93301
Notice to Kern Delta shall be made to:
KERN DELTA WATER DISTRICT
501 ~Taft Highway
Bakersfield, CA 93382
Attn: Gilbert H. Castle, Jr., General Manager
· Notice shall also be deemed received when served upon the City
Clerk or Kern Delta's general manager, personally.
17. The failure of any party to enforce against another a
provision of this Agreement shall not constitute a waiver of that
party's right to enforce such a provision at a later time, and
shall not serve to vary the terms of this Agreement.
18. Any lawsuit pertaining to. any matter arising under, or
growing out of, this contract shall be instituted and maintained in
Kern County, California.
'19. This contract shall not be assigned by any party, or any
party substituted, without prior written consent of all the
6
parties. Any assignment in~violation of this Agreement shall be
void.
20. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the contract
and their heirs, administrators, executors, personal
representatives, successors ~nd assigns.
21. This contract sets forth the entire Agreement between the
parties and supersedes all other oraI or written representations.
This contract may be modified only in a writing approved by the
City Council and signed by all the parties.
22. Each individual executing this Agreement represents and
warrants they are duly authorized to execute and deliver this
Agreement on behalf of the corporation or organization, if any,
named herein and that this Agreement is binding upon said
corporation or organization in accordance with its terms.
23. This Agreement is effective upon execution. It is the
product of negotiation and therefore shall not be.construed against
any party.
24. City and Kern Delta shall maintain accurate accounting
records and other written documentation pertaining to the costs
.incurred in performance of this Agreement. Such records and
documentation shall be kept at City and Kern Delta's offices during
the period of this Agreement, and shall be made available to City
or Kern Delta representatives upon request at any time upon
reasonable notice during regular business hours.
25. Joint Limitation on Liabilities and Indemnification.
(a) Neither party shall be liable to the other party for
any. loss, damage, liability, claim or cause of action for
7
damage to or destruction of property or for injury to or death
of persons arising solely from any act or omission of the
other party's officers, agents and employees.
(b) City and Kern Delta agree to indemnify and hold each
other harmless from any and all claims, demands, liabilities,
losses or causes of action which arise by virtue of its own
acts or omissions (either directly or through, or by its.
agents, officers, or employees) to such extent and in such
part as the respective parties are found by reason of law to'
have proximately caused the injury or damage.
(c) The party against whom any claim arising from any
subject matter of this agreement is filed shall give prompt
notice of the filing of the claim to the other party.
26. City shall not become or be deemed a partner or joint
venturer with Kern Delta or associate in any relationship with Kern
Delta by reason of the provision of this Agreement. Kern Delta and
its employees shall not for any purpose be considered agents,
officers or employees of City, nor shall City or its employees be
considered for any purpose agents, officers, or employees of Kern
Delta.
~o0o
8
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed, the day and year first-above written.
"CITY"
CITY OF BAKERSFIELD
BOB PRICE, Mayor
APPROVED AS TO FORM:
JUDY K.'SKOUSEN
Acting City Attorney
By
· ALAN DALE DANIEL
Assistant City Attorney
COUNTERSIGNED:
By
GENE BOGART
Water and Sanitation Manager
By
GREGORY J. KLIMKO
Finance Director
"KERN DELTA"
KERN DELTA WATER DISTRICT
By.
Title
ADD:gp
BZKEPATH\CANAL.AGR
12/27/'93
BEFORE THE BOARD OF DIRE~OR$
OF TH~
KERN COUNTY WATER AGENCY .
In ~e Matter of
IlVrENTION TO INCREASE THE MAXJMUM GROUND
WATER CHARGE WITHIN nVIPRO~ DISTRICT
NUMBER 4 TO ALLOW CoN'rtNUED DISTRICt. OPERATIONS
I, Para Hyles, Secretary of the Board of Directors of thc K~rn County Water Agency,
of the County of Kern, Stat~ of California, do hereby certify 'that the following resolution
proposed by Director. and seconded by Director was duly passed and
adopted by said Board of Directors at an official m~ling this day of lanuary, 1994 by the
following vote, to wit:
AYES:
NOS:
ABSENT:
Secretary of the Board of Directors
of the Kern County Water Agency
-RF~OLUTION 3-9,~
WI-I~AS, Sections 1~,.3 to 1,LI7 of the Kern County Water Agency Act (Chapter
1003, Statutes of 1961 of the State of California, as amended ("Agency Act")), provide for the
formation of improvement districts of the Agency to undervalue projects of special benefit to such
improvement districts;
WI:IF_ .~R.F.~S, heretofore Re~olution 17-71 of the Board of Directors of the Kern County
Water Agency established an Improvement District No. 4 t~ enable the financing, eonsu-uetion,
operation and maintenance of worlz to provide a supplemental supply of water to the urban
Bakersfield area, and other purposes;
W'I~REA$, the prov!.sion of :, ground water charge in Resolution 17-71 was limited to
$20 per acre-foot of water pumped within the boundaries of such district was intended 'to be an
essential portion of the financing of the purpos~ and improvements of the district;
WHEREAS, Resolution 17-71 did not allow for adjustment due to inflation of the money
supply, inflation of a magnitude unforeseeable at the time of its passage has occurred, and
accordingly there is insufficient revenue to continue district operations including importing
adequate supplies of water for Improvement District No. ,~ unless additional revenue is made
av.aj).a, ble for district operation and importation of such water supplies; and
WI-IEREAS, the continued adequate financing of the operation and importation of water
to the urban Bakersfield area within existing Improvement District.No. 4 will be a special benefit
to the residents and landowners of Improvement District No. 4 within the Agency since without
such increase the improvement district would face financial, insolvency and cessation of
operations;
WHEREAS, the maximum ground water charge needed to sustain the operation of the
district and importation of water supplies is $40 per acre-foot; and
WHEREAS, the Agency and the ID4 treated water contractors have reached agreement
that the treated water contract rate from the treatment plant should be $38 above the highest
ground water charge levied during each year;
NOW TI4~.n~:.~:OR.E, BE IT RESOLVED by the Board of Directors of the Kern County
Water Agency that:
1. This Board finds that all of the foregoing recitals ate true and correct;
2. This Board intends to raise the maximum ground water charge to be made within
Improvement Dis~ct No. 4 out of the necessity of providing adequate revenue to continue the
operation of the improvements and importation of wa~er to Improvement District-No. 4.
3. The prpposed increased charge to be made consists of ~n amount sufficient to
sustain the operation and the importation of an annual supply of 77,000 acre-feet of water by
Improvement District No. 4 as set forth in Resolution 17-71, a copy of which is attached aa
Exhibit A and incorporated herein by reference.
4. The Board estimates that the cost of the funds to be recovered through the ground
water charge may be up to $5,000,000 per year.
5. The funds are intended to be raised by the imposition of a ground water .pumping
charge as provided for in Sections 14.20 through 14.37, inclusive, of the Agency Act and the
proposed maximum groundwater charge will be $~0. This ground water charge will supercede
the existing ground water charge levied within Improvement District N°. 4., provided that,, it
shall not suPercede the existing limitation if for any reason this amended ground water charge
limitation for Improvement District No. g is invalidated or impaired by a court of valid
jurisdiction, and the existing ground water charge and Limitation shall remain in force and effect
in such event.
6. A hearing will be held by the board on the proposed increase in the ground water
charge limitation. The hearing is to be held on March 24, 1994 at 4:00 p.m. in the Board Room
of the Kern County Water Agency, 3200 Rio Mirada, Bakersfield, California, at which any
interested person may appear for the purpose of providing comment or testimony. Pursuant to
the provisions of Agency Act section 14,7 written protests against the proposed increase by
landowners within the improvement district signed by a majority i~ number of the holders of title
to taxabIe property within the proPOsed improvement district and who are also the holders of title
to not less than 51 percent of the area thereof fried with the Board shall cause the Board to
terminate the proceedings.
7. The Secretary of the Board ia instructed to publish notice pursuant to the
provisions of Section 14.5 of the Agency act.
DOMESTIC WATER ENTERPRISE
MAINLINE EXTENSION ASSIGNMENT
Water Board Meeting - City of Bakersfield
Wednesday, March 16, 1994
TRACT or ORIGINAL REFUND
OWNER PARCEL MAP COST OF COST
Nerguizian McKenney TR 4612 $73,880.05 $1,847.00
TOTAL ......... $1,847.00
KERN COUNTY
WATER AGENCY
February 7, 1994
Directors:
Dear Potential Sponsor, ·
Fred L Starrh
Division I AS part of this May's Water Awareness Month, the Kern County Water Agency, in
conjunction with th~/1994 California Water Awareness Campaign, is coordinating an
Terry Rogers
Division 2 inforl'n~l "Fun Run/Walk for Water." This year's theme is "USE WATER WISELY---
IT'S A WAY OF LWE." The Fun Run will be held on the bike path along the banks
Peter Frick
President of the Kern River in Bakersfield. This event is.free (no entry fee), and is open to all
Division 3 ages and non-motorized modes of conveyance (motorized wheelchairs are accepted).
Michael Radon All participants who finish the course will receive a free commemorative T-shirt (one
Division 4 size fits all), a free soda and snacks. The first 50 finishers will also receive a
Adrienne I. Mathewscommemorative sports bottle. The course begins on the bike path near the parking
Division 5 area at "Truxtun Lake." There will be one finish at Beach Park (approximately 2
Henry C. Gamett miles), and one where the bike path ends at Manor Street (approximately 4 miles).
Division 6 There will be checkpoints along the course where participation will be verified. All
W. T. Balch preparation and event-day coordination will be performed by volunteers,
Division 7
We would like to extend to you the opportunity to co-sponsor this event, which
Thomas N. Clark would provide the free T-shins and other items for participants. The suggested
General Manager contribution is $500.00 per sponsor. All sponsors will have their company/agency
John F. Stovall name printed on the high-quality commemorative T-shin, will be featured in all
General Counsel
advertisements and promotions, and will be part of the educational display at the start
of the event. Also; if your employees wish to volunteer assistance in putting on this
event, they will be quite welcome. All volunteers will receive a free T-shirt. We
anticipate participation of less than one thousand persons, with a total cost of
approximately $5000.00 to put on the event. Should an overage of monies be
collected from sponsors, the funds will be held in an account for next year's Water
Awareness Campaign. If enough public interest is generated in this Fun Run/"Walk
for Water", it will occur annually
Please consider sponsoring this first-time-ever "Walk for Water." Bakersfield and
Kern County are fortunate to have the Kern River as a natural water resource, and the
bike path lends itself to such an event. Our Water Education staff will be contacting
you in the near future, as T-shirts will be ordered by March 9, 1994.
Sincerely,
Thomas N. Clark
Mailing Address: General Manager ..
Bakersfield, CA 93302-0058
Phone: 805/634-1400
GITY OF BAKERSFIELD
Fax: 805/634-1428 WATER RESOURCES