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HomeMy WebLinkAbout11/19/96 '~' C'l T Y O F ,'..;'.";' .-' "~ CALl FORNIA WATER BOARD ' Mark Salvaggio, Chair Randy Rowles, Vice-Chair .... Patricin M. Smith CITY OF BAKERSFIELD SPECIAL WATER BOARD MEETING TUESDAY, NOVEMBER 19, 1996 - 4:30PM Water Resources Building Conference Room 1000 Buena Vista Rd., Bakersfield, CA AGENDA 1). CALL MEETING TO ORDER. 2). ROLL CALL. 3). APPROVE MINUTES OF WATER BOARD MEETING HELD SEPTEMBER 18, 1996. 4). PUBLIC STATEMENTS. 5). DEFERRED BUSINESS A. KERN RIVER OPERATIONS UPDATE. B. IMPROVEMENT DISTRICT Na. 4 OF KERN COUNTY WATER AGENCY OVERHEAD/ADMINISTRATIVE COST ALLOCATION RESOLUTION. C. REPORT OF RESULTS OF 1996 SOUTHWESTERN WILLOW FLYCATCHER ISABELLMSOUTH FORK OF KERN RIVER PROGRAM. 6). NEW BUSINESS A. Draft PIONEER PROJECT AGREEMENT and STATEMENT OF POLICY to RECHARGE WATER IN KERN RIVER PARKWAY DURING RECREATION SEASON. 7). CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) KERN DELTA WATER DISTRICT vs. NORTH KERN WATER STORAGE DISTRICT,et al., TULARE COUNTY SUPERIOR COURT CASE N-~. 96-172919. 8). CLOSED SESSION ACTION. 9). ADJOURNMENT. POSTED: November 15~ 1996 S:WBNOV96 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 * (805) 326-3715 MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, September 18, 1996, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardmember Salvaggio at 4:34pm. 2. Present: Mark Salvaggio, Chair Patricia M. Smith Absent: Randy Rowles, Vice-Chair 3. Boardmember Salvaggio made a motion to approve the minutes of the Special Water Board Meeting held July 30, 1996. Motion carried. 4. There were no public statements. 5. Correspondence. SA. A communication from the Kern County Water Agency regarding the "Principles to Guide the CALFED Process" was presented to the Board by Mr. Core. CALFED is a group of state and federal agencies responsible for the environmental protection of the San Francisco Bay - Sacramento River Delta System water supply. CALFED is charged with planning, selecting, and implementing a long-term solution. The Kern County Water Agency is involved in this program on behalf of local State water users. The program was set up in three phases. Phase One is completed, it was to develop a mission statement with guiding principles and also to bring forth three design alternative solutions. Phase Two is an environmental review with three alternative solutions, this has begun and should be completed in 1998. Phase Three would be to implement, in early 1999, the environmental concerns. Staff brought this item to the Board for information only, no action required or taken by the Board. 6. Deferred Business. 6A. Hydrographic Supervisor Steve Lafond gave an update on the Kern River operations. In mid-January the forecast was for another dry year, but there was a significant turn-around and we now expect approximately 1,000,000 acre-feet of runoff in the Kern River by September 30t~, which is the end of this current water year. Lake Isabella has nearly 550,000 in the reservoir and 245,000 acre-feet is the allowable carryover. We are about two weeks ahead of the withdrawal schedule and this should put the City in a position to operate the reservoir and its resources to the maximum. 6B. The 2800 Acres Recharge Facility 1995 Hydrographic Report was presented to the Board by Hydrographic Supervisor Steve Lafond. The pictorial history in the report is a new feature and gives a 20 year history of the operation as it relates to the depth of the water in our facility. There has been almost a full recovery from the affects of the six year drought period that reduced these water levels in the 2800 Acres from 50 to 175 feet, a 125 foot drop. The bench mark was reached on April 12~ this year when the 1,000,000~ acre-foot of water was delivered into the 2800 Acres. 7. New Business. 7A. The renewal of storm drain agreements with Kern Delta Water District and County of Kern to allow for continued disposal of urban storm drainage water into Kern Island and Stine canals was brought before the Board. The Eastside Canal storm drainage agreement was renewed with the parties in the fall of 1994 and these agreements are patterned after that. The agreements will allow for more points of discharge into the canals and the City and the County to compensate Kern Delta for the costs incurred in receiving and disposing of the storm water. The fees are comparable to the costs assessed in 1970. The cost for the Kern Island discharge is split 65% to City, and County 35%; the Stine Canal is City 80%, and County 20%. City Attorney Skousen expressed concern on wording of jointly and severely liability for payments. City staff recommends approval to Council of both the Kern Island and Stine Canal agreements subject to final review by the City Attorney's Office as to acceptable language on liability of payments. Boardmember Smith made a motion for approval. Motion carried. 8. Closed Session. 8A. Conference with legal counsel - existing litigation. Closed session pursuant to Government Code Section 54956.9(a) in the case of Kern Delta Water District vs. North Kern Water Storage District; City of Bakersfield; Kern Island Water Company - Tulare Superior Court Case No. 96-172919. The meeting adjourned to Closed Session at 4:55pm. The meeting reconvened from Closed Session at 5:50pm. 9. Closed Session action. Boardmember Salvaggio reported the Board had considered points of discussion on the matter at hand and would make recommendations to City Council for proceeding. 10. Meeting adjourned at 5:50pm. Mark Salvaggio, CHAIR City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board S :'WBM/NLrFES/9-18- 96 2 KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 1996 CALENDAR YEAR 10000~ 600,000 - 9500~ - 9000 _- ~ ~-) 8500 -E00,000 8000 - 7500 7000 Average _ j - I~abella Storage ~ -400,000 6500 - 5500 45OO 3000 2000 ~'~k ~ ReguIIItm:l flow - Jan-96 Feb-96 Msr-96 AIX-96 May-96 Jun-96 Jul-96 Aug.96 Sep-96 Oct-96 Nov-96 Dec-96 CITY OF BAKERSFIELD · DEPARTMENT OF WA TER RESOURCES KERN RIVER BASIN SNOW SENSOR FORECAST MODEL Readings of Water Content DATE: 07-Nov 1996 are in Inches ..... Previous Year April-July Runoff -, 128 % of Average SNOW SENSOR SITE Upper Tyndall Crabtree ChagooDa Wet Tunnel Casa Beach Weighted Creek Meadow Plateau Pascoe Meadow Guard VieJa Meadow Average Elevation (feet) 11.450 10.700 10.300 9,150 8.950 8,950 8,400 7,650 -- Actual Water Content This Date 1.8 0.7 1.2 2.0 0.9 0.6 0.7 0.3 1.0 Normal Water Content This Date 0,8 0.6 0.7 0.8 0.9 0,5 0.8 0.4 0.7 % of Normal Water Contont This Date 213qk 11'?~ 176o4 256~ 95°4 12604 8704 6804 14204 April 1 Average Water Content 27.7 19.8 21.8 24.9 30.3 15.6 20.9 11.0 21.6 % of April I Average Water Content ~ 404 6~ 8~ 304 404 304 304 504 1) 3-Gage Pr___~ ~ion Index For this Date - 3.48 inches 3-Gage Precipitation Index Normal For this Date - 4.01 InChM 3-~ I~l~ion Index in 04 of Non~M - Percentage Into ~wl:)ack Accumulatiofl 2) Estimated AIXII.-July Runoff into Isabella RMewoir - 39g,655 acre-feEt 3) E~tlmated AIx#-July Runoff in 04 of Average - 8704 1) 3-Gage i~ecipitatton Index - October I to date cumulative rainfall totals for Glennville..Pascoe & isabella Dam 2) Assume~ median enowpack accumulation subsequent to date of estimate 3) April-July average Inflow to Isal~ella Reservoir - 461.000 acre-feet ISABELLA RESERVOIR DALLY OPERATIONS REPORT ~ readings are for date of repo,l (THURSDAY) as of 0OO1, except as noted... ~ in italics) Date of Report: November 7, 1996 ISABELLA RESERVOIR 2572.91 Lake Elevation (ft.) 255096 Storage -459 Change ~25 Inflow to Isabella 568075 Storage Capacity 45% % of Capacity 149321 Normal Storage 171% % of Normal Storage For lhis Date 7641 Average Lake Area (Acres) 3243 Inflow (Month) 3755 Outflow (Month) 268 North Fork Mean 260 North Fork @ O7OO Hours 18326 Accumulativelnflow(96-97VVY) 437 Mean Outflow 432 Borel Canal 5 Main Darn OuUet 46857 ACCum. Outflow (WY) 462 Outflow @ 0700 457 Borsl Canal @ 0700 Hours ,5 Main Dam Out~et @ 0700 Hours Hours 19 Lake Evap. (cfs) 0.06 Inches Evap. for 24 Hours 404 Lake Evap. (Month to Date) 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours Normal for Isabella Precip. 10 0.66 Seasonal Precip. Isabella 0.53 this Date 125% % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours Normal for Pascoe Precip. 12 1.60 Seasonal Precip. Pascoe 2.14 this Date 75% % of Normal 13 1.8 Upper Tyndall Creek 2.0 Pascoe 0.9 Wet Meadow 14 58 Isabella Maximum Temperature 15 34 Isabella Minimum Temperature 50 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 281 Natural Flow (cfs) 3436 Natural Flow (Month to Date) 599331 1996 April-July Runoff 17 287 Mean Flow 98% Natural Flow 255 Median Flow 110% Natural Flow For this Date in % of Mean For this Date in % of Median 18 754 Max. on Record 127 Min. on Record 19448 Accum. Natural Flow (VVater Year) For this Date For this Date KERN RIVER FACTS & FIGURES: The Rio Bravo Hydroelectric Plant commenced operations in 1989. The diversion structure is a gravity-concrete overflow structure with an ogee type crest. The power canal is located about 18 mi/es east of Bakersfield and extends 7,600 feet from the diversion sffucture at the Kern ~ by C, dy of Bakersffetd River to the penstock intake structure above the Powerhouse. The canal is an above ground, Oepar~ne~ of Water ~mee reinforced concrete structure 27 feet wide with vertical wails 12 to 15 feet high. The two penstocks (ao5) 326-37~ 5 are each 10 feet in diameter. The power plant has a capacity of 1,600 cfs and is equiped with two vertical type turbine generator units with a production capabilih/ of 7 megawatts each. ,,, KERN RIVER BASIN SNOWPACK ACCUMULATION ~... EIGHT SENSOR INDEX November 19, 1996 30.(~ ? - 1994-1995 ~ : J .......... .... " - 199% A-J ~ " - _ 100% of April 1 Average -~- ~ ............... j. / ..... -....._.~, : , co 20.0- / ~ - / o _ ...- verage ~ 1995-1996 128% A-J ~ / ~ ...... ,..,:---~.~ / .......... .: '~..... ............... 10.0- ".... .~ / : '-.., ~ · 1993-1994 5.0- - ~ '" J '"' ,,..::.. ..... --. ...... -,~ =.-.:~ ..... '...,, November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD · WA TER RESOURCES KERN RIVER BASIN SNOW SENSOR FORECAST MODEL Readings of Water Content DATE: 19-Nov 1996 are in Inches ..... Previous Year April-July Runoff = 128 % of Average SNOW SENSOR SITE Upper Tyndall Crabtree Chagoopa Wet Tunnel Casa Beach Weighted Creek Meadow Plateau Pascoe Meadow Guard Vieja Meadow Average Elevation (feet) 11,450 10,700 10,300 9,150 8,950 8,950 8,400 7,650 -- Actual Water Content This Date 4.5 2.9 4.3 3.4 3.9 2.3 3.7 2.0 3.4 Normal Water Content This Date 2.5 1.7 2.0 2.3 2.8 1.4 2.5 1.3 2.1 % of Norm al Water Content This Date 1829/0 166% 216o,6 148% 141% 166% 148% 151% 166~ April 1 Average Water Content 27.7 19.8 21.8 24.9 30.3 15.6 20.9 11.0 21.6 % of April I Average Water Content 16% 15% 20~ 14% 13% 15% 18% 18% 169/o 1) 3-Gage Precipitation Index For this Date = 9.53 inches 3-Gage Precipitation Index Normal For this Date -- 6.63 inches 3-Gage Precipitation Index in % of Normal = 144% Percentage Into Snowpack Accumulation Season = 10~ 2) Estimated April-July Runoff into Isabella Reservoir = 467,425 acre-feet 3) Estimated April-July Runoff in % of Average = 101% 1) 3-Gage precipitation index = October 1 to date cumulative rainfall totals for Glennville, Pascoe & Isabella Dam 2) Assumes median snowpack accumulation subsequent to date of estimate 3) April-July average inflow to Isabella Reservoir -- 461,000 acre-feet CITY OF BAKERSFIELD WATER BOARD SUBJECT: IMPROVEMENT DISTRICT bia. 4 OF KERN COUNTY WATER AGENCY OVERHEAD/ADMINISTRATIVE COST ALLOCATION RESOLUTION. Background: The Kern County Water Agency overhead and administrative charges to thc Improvement District Na. 4 (ID#4, the urban Bakersfield area) operations fund has bccn an on-going issue but has now reached an understanding between thc KCWA and the participants in ID#4. Prior to 1993, the KCWA was charging administrative and overhead expenses to the ID#4 operations fund on the order of $500,000 to $700,000 annually. This brought questions by the participants and in November 1993, an independent auditor was hired who performed an examination of KCWA accounting procedures for the ID#4 overhead allocation. Initial contacts with KCWA were made on remedies for reducing the charges beginning in 1994, but KCWA requested that thc issue be tabled until thc re-negotiations of thc State Water Project contracts (so called Monterey agreements) wcrc concluded. The participants reluctantly agreed. Eventually, an interim report was generated by thc auditor and participants in February 1995 and forwarded to KCWA. The report was used as a guide in implementing a cost accounting procedure that would limit overhead charges to actual documented KCWA stafftimc spent on ID#4 issues and operations. The annual costs will be about $340,000. There had bccn a verbal agreement between KCWA and representatives of thc participants as to when thc new accounting formulas would bc implemented, however with thc slippage of time, thc start of thc new procedure did not occur as planned in thc 1995-1996 KCWA budget. Thc participants requested a payback of the excess charges for that budget year, in the amount of $360,000. The participants and the KCWA manager discussed methods of payment and through authorization by the KCWA Board thc means for payback will bc through credits in this years and future years budgets. Other provisions for late payments arc outlined in thc memorandum that is inclosed in thc Water Board packet. Recommended Water Board Action: Information item to the Board. No action required. KEP I COUNTY WATER AGENCY M£MOI NNDUM TO: Urban Bakersfield Committee BC Urban Agenda Item No. 1 FROM: Tom Clark / Jim Beck .................... DATE: October 24, 1996 SUBJECT: Resolution of Outstanding Overhead Issues On Tuesday, October 1, 1996 discussions were held between Tom Clark and several members of the Urban Bakersfield Advisory Committee regarding the resolution of outstanding ID4 overhead allocation issues. For a period oftin~, the~ ha~ b~en some question regarding the implementation date for thc overhead allocation procedure for ID4 and potential reconcilliation of payments from the ID4 enterprise fund to the Agency. At that meeting it was agreed that as part of the settlement of this issue, that future overhead allocations assigned to ID4 would be reduced by $60,000 per year for 6 years. The total reduction for the period would be $360,000, which is the amount of the overage identified by the purveyors. The Agency would have the option to forgo the application of the $60,000 credit in any given year, however interest would be applied to the delayed amount. In order to begin implementation of this agreement, the remaining overhead allocations assigned to ID4 for the rest of fiscal year 1996-97 w/Il be reduced by $60,000. Subsequmt application ofth~ credit will be reflected in the annual budget for IIM. Should the Agency elect to forgo application of the credit, interest on the amount deferred will begin accruing at the time of the deferment and would continue until application of tl~ foregone credit is effected. The interest rate to be applied in such an instanc~ will be the Local Agency Investment Fund (LAIF) rate and would be applied annually. This proposal was pr~ented to the UBAC at their October 7, 1996 meeting. At that time the committee recommended that the agreement be exeeuted as describ~L RECOMMENDED MOTION Authorize the reduction of the overhead allocation for Improvement District No. 4 by $60,000 per year for a period of six years, under the terms presented in the memo to the Urban Bakersfield Committ~ on October 24, 1996. CITY OF BAKERSFIELD WATER BOARD SUBJECT: REPORT OF RESULTS OF 1996 SOUTHWESTERN WILLOW FLYCATCHER ISABELLA/SOUTH FORK OF KERN RIVER PROGRAM. Background: This item is thc ongoing program involving thc endangered species listing of thc Southwestern Willow Flycatcher. The habitat designation around Lake Isabella has been suspended pending review by the United States Fish & Wildlife Sevdcc. Part of the suspension hinges upon the results of this study and thc brown headed cowbird eradication program. The USFWS has lifted any restrictions or threats of restrictions on Isabella operations over this winter. Thc carryover for Kern River waters will be allowed to level at 245,000 acre-feet, 75,000 acre-feet above thc '"oook allowable". We (thc Kern River interests) have not heard on thc Garamcndi Report on thc final determination of the disposition of Isabella Reservoir as a critical habitat for thc SWWF. Thc included Abstract and Recommendations papers spell out that although the parasitism rate has decreased and thc SWWF nest success has increased in thc SWWF habitat area, the total number of SWWF pairs has leveled off to about 34 pairs. The leveling off seems to be due to the lower numbers of pairs returning from wintering grounds or flyway stopovers. This is good information for the operation of the reservoir. Habitat management augmented by recent reservoir surface restrictions on water craft in the south fork area of the lake have contributed to the success of this program. The 1996 cowbird plan was financed by the Corps of Engineers and the CA Dept. of Fish & Game. The previous 3 years have had Kern River Interests financial participation. It is anticipated that the program will continue w/th the existing funding provisions and not require contributions from the Kern River Interests. If a change in this practice is required, staff will return to the Board for authorization for the City's share of this activity. Recommended Water Board Action: Information item to the Board. No action required. S:SWWFg~ STATE OF CALIFORNIA THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME WILDLIFE MAMAGEMENT DIVISION BIRD AND MAMMAL CONSERVATION PROGRAM A BROWN-itEAI~EI~ COWBIRD CONTROL PROGRAM AND MONITO~N~ FOR THE SOUTHW~TE~ WILLOW FLYCATCHE~ SOUTH FORK KE~ ~ER, CALIFO~IA, 1996. M~ J. ~tfield~/~d ~isten M. Enos~/ We examined the effects of cowbird trapping on the reproductive success of the endangered Southwestern Willow Flycatcher (£mpidonax traillii extin, us). After trapping cowbirds for four years, the parasitism rate decreased from an average of 63.5% (4 years prior to cowbird trapping) to only 14.4% (4 years of cowbird trapping) in the trap area. As a result, flycatcher nest success in the trap area increased to :54.3% (averaged over the three trap years); an improvement over the 26% nest success average prior to cowbird control. More importantly, the number of young fledged per year has increased from an average of 24 per year (1.01 young/pair) prior to cowbird control efforts, to 41 per year ~1.95 young/pair) with cowbird control. ' The decline in numbers of Willow Flycatchers from 1989 to 1992 was reversed and the population stabilized at 34 pairs from 1993 to 1995 after trapping began in 1993. Despite increased flycatcher reproductive success, however, we have not seen an increase in the number of Willow Flycatchers in the study area. We are concerned about this lack of increase because it indicates that there may be other factors besides cowbird parasitism that are depressing numbers of adult Willow Flycatchers in this population. We believe that problems (e.g. habitat loss and/or pesticide use) on the Willow Flycatcher's wintering grounds and/or migratory stopover sites may be limiting population growth. It is also possible that chance events (e.g. increased mortality during migration due to storms) have kept the population from increasing. "Kem River Research Center, P.O. Box 990, Weldon, CA 93283 , MANAGEMENT RECOMMENDATIONS For Southwestern Willow Flycatchers in California !. In areas where Willow Flycatchers are known to nest or may nest, create or improve riparian habitat by reducing or removing spring-summer cattle grazing in the riparian zone. 2. Evaluate whether Brown-headed Cowbird parasitism is a factor in limiting the population of' Willow Flycatchers. This can be done by finding and monitoring Willow Flycatcher nests within a particular site, recording nest parasitism and nest success. · ' 3. If cowbird parasitism is preventing, the Willow Flycatcher population from being self; sustaining in particular areas, start a cowbird trapping program: a. The traps should be placed in areas where Willow Flycatchers are nesting and in nearby cowbird feeding areas. b. Bait the traps using live wi.ng-.clipped cowbirds (two of each sex or two males and three females), and wild birdseed or millet (Some cowbird trappers say that millet attracts fewer non-target birds, but it costs twice as much as wild birdseed). c. The traps should be checked daily to minimize losses of non-target species. In addition, in hot areas (when temperatures exceed 90"F), the traps should be checked in the morning to reduce losses of birds to heat stress. 4. Monitor the Willow Flycatcher and Brown-headed Cowbird populations to evaluate the success of the trapping program. (Using methods similar to the ones used in this study.) 5. Find and monitor numbers of individuals at some of the wintering sites of.the Southwestern Willow Flycatchers. Also, study the wintering ecology of the gouthwestern Willow Flycatcher on at least one of these sites. This latter study should include individual marking of birds to determine movement patterns. 6. Find and monitor possible migratory stopover sites of Southwestern Willow Flycatchers in California, Arizona, New Mexico and Mexico. CITY OF DEPARTMENT Olr WATER O~ ~T, ~ ~ DI~A~ ~!6 October 30, 1996 ....... Thomas N. Clark, General Manager Kern County. Water Agency P.O. Box 58 Bakersfield, CA 93302-0058 RE: Pioneer Project .[oi~ Operating Agreement Dear Tom, Attached please find the October 30, 1996 finalized draft of the P~oneer Project/oint Operating,4greement. This document incorporates the comments addressed at the October 2Pt and 23'a meetings with Agency staff and Pioneer Project Participants. This Agreement represents a major effort by all Paflies to reach concurrence on a number of water issues of major importance to our community. As written, this document provides for the coordinated operation of the banking and recovery projects located on the Kern River Fan well into the foreseeable future. In order to meet the Agency's approval schedule outlined in your CEQA Compliance memorandum dated October 24, 1996, we look forward to finalization of the 'StdtmU, Ar O! Po/fey" between the KCWA Board of Directors and City Water Board regarding the establishment of a water recreation and summer recharge program for the Kern River Parkway. Sincerely~ Wate¥ Resources Manager cc: Mark Salvaggio, Water Board Chairman Alan Tandy, City Manager Alan Daniel, Asst. City Attorney ~000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 ESTABLISHMENT ora WATER RECREATION AND RECHARGE PROGRAM for tM KERN RIVER PARKWAY (Manor Street to Stoekdale Highway) WHEREAS, the Kern River Parkway was adopted in 1988 as a comprehensive plan to provide for flood control, groundwater recharge, recreation and preservation of natural resources in the Kern River corridor that enhances the quality of life for all citizens; and WHEREAS, the City of Bakersfield and its predecessors have historically utilized the Kern River Channel for the seepage and percolation of Kern River water as part of its annual operation of Kern River; and WHEREAS, the Kern County Water Agency has, since inception of the Improvement District No. 4 project, spread imported water on behalf of the citizens located within Improvement District No. 4; and WHEREAS, the Member Unit Water Districts in Kern County have expressed the desire to spread and bank water in the Kern River Parkway; and WHEREAS, the Pioneer Project Joint Operating Agreement provides a major incentive and the opportunity to expand spreading and banking operations to include the Kern River Parkway; and WHEREAS, these principles are consistent with the goals and policies of the adopted Kern River Parkway Plan and Kern River Plan Element of the 2010 General Plan. NOW THEREFORE, in consideration of the foregoing principles, the City of Bakersfield and the Kern County Water Agency shall direct their respective staffs to proceed with a water management program designed to restore the visibility of water in the Kern River Parkway during the recreation season through the coordination of water resources and facilities available to both parties. CITY OF BAKERSFIELD KERN COUNTY WATER AGENCY 10/30/96 CITY OF BAKERSFIELD CALIFORNIA CITY ATTORNEY'S OFFICE FAX NO. (805) 325-9162 TELECOPIER MESSAGE DATE: October 30, 1996 PLEASE ROUTE AS SOON AS POSSIBLE TO: NAME: GENE BOGART, WATER RESOURCES MANAGER COMPANY/ORGANIZATION: WATER RESOURCES DEPARTMENT FAX NO. SENDING MESSAGE TO: (805) 326-3098 FROM: NAME: ALAN D. DANIEL, Assistant City Attorney NUMBER OF PAGES (INCLUDING COVER SHEET): 17 SPECIAL INSTRUCTIONS: Pursuant to your request, attached is a copy of the revised Pioneer Project Joint Operating Agreement for your approval. THIS MESSAGE IS INTI~_~ DE) FOR THE USE OF THE INDIVII)UALOR ENTFTY TO WHICH IT IS _ADDRESSED ANn MAY_CONTAIN INFO_RM_ATION THAT IS PRMLEGED AND CONFIDFNTIA[. IF YOU ARE NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR OEMVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS BELOW VIA THE U.S. POSTAL SERVICE. THANK YOU. 1501 TRUXTUN AVENUE · BAKERSFIELD, CA 93301 (805) 326-3721 .-' AGREEMENT NO. PIONEER PROJECT JOINT OPERATING AGREEMENT THIS AGREEMENT is made and entered into on ,1996, by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, referred to herein as "CITY," and KERN COUNTY WATER AGENCY, a special act public entity, referred to herein as "AGENCY." RECITALS A. CITY owns certain contiguous parcels of real property situated within and along the natural channel of the Kern River located west of CITY between Buena Vista Road and Interstate "5", consisting of approximately 2,800 acres, which is commonly referred to as the '"2800 Acres" ("2800 Acres" herein), and more fully shown on Exhibit "A" attached hereto and incorporated herein by reference; and B. CITY, since 1976, has operated a water spreading and recovery project on the 2800 Acres ('City Project' herein), the primary use of which is for the spreading, percol~on, storage, banking and recovery of CITY owned Kern River water for use by its citizens and residents to meet the demands and services required of those citizens and residents, including, but not limited to, drinking water;, and C. CITY has heretofore entered into contracts with Olcese Water District, Buena Vista Water Storage District ('Buena Vista' herein), and AGENCY, for use of the 2800 Acres, which provide for the spreading, percolation, storage, banking and recovery of various waters (including Kern River water, Friant-Kem and State Water Project water) owned by said contractors; and D. AGENCY owns certain non-contiguous parcels of real property situated adjacent to the 2800 Acres, consisting of approximately 2,253 act'es, which is commonly referred to as the "Pioneer Property," and which is more fully shown on Exhibit attached hereto and incorporated herein by reference; and E. AGENCY plans to develop and manage a water spreading and recovery operatior~ on the Pioneer Property, as well as other locations on the Kern River alluvial fan, and establish a Project ("Pioneer Project" herein), the primary use of which is for spreading, percolation, storage, banking and recovery of Kern River and other water owned by the AGENCY and certain member units ('Pioneer Project Participants' herein) which, as of this date, include Buena Vista, Henry Miller Water District, Kern Delta Water District, Rosedale-Rio Bravo Water Storage District, Wheeler Ridge-Maricopa Water t(,emC, o~ ~ t'~ &re r A (Je r~-"y A~ ee me~t ~.~o,s,~.A,~.~.o.s~,(~EE. ~ -- Page 1 of 16 Pages -- .-' Stora0e District, Tejon-Castac Water Distr~ Semitropic Water Storage District, Losl Hills Water District, Belridge Water Storage District, Berrenda Mesa Water District and Improvement Oistrict No. 4 of the AGENCY ('ID4" herein); and F. CITY and AGENCY acknowledge that the operation of their projects may have an impact or influence on lite project of the other for which reason both parties desire, by this Agreement, to determine and provide certain reciprocal operating criteria which will avoid, to the greatest extent practicable, future conflicts; and G. AGENCY has entered into an agreement with the Pioneer Project Participants concerning the operation of the Pioneer Project entitled 'Pioneer Project Participation Agreement,' a copy of which is attaChed hereto as Exhibit "D," and incorporated herein by this reference; and H. AGENCY has executed a 'Transfer and Exchange Agreement" with the Kem Water Bank Authority (Exhibit "E"), Exhibit 3 (Declaration of Covenants, Conditions and Restrictions) of which IXovides for, among other things, the AGENCY and its Member Units to use the capacity of the Kern Water Bank that is determined to be surplus by the Board of the Kern Water Bank Authority, and it is on that basis that the Kern Water Bank is included in the Project Area described below. The Kern Water Bank Authority has entered into a Memor~ of Understanding with Adjoining Entities regarding the operation and monitoring of the Kern Water Bank; and I. CITY completed an Environmental Impact Report for the 2800 Acres in 1983, and has operated the City Project under this Environmental Impact Report since that time; and J. CITY and AGENCY believe it is to the mutual benefit of both parties that incentives be developed to increase recharge in the Kern River Channel to improve water management and the urban environment of the metropolitan Bakersfield area. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and AGENCY agree as follows: a. CITY executes this Agreement as the owner and operator of the 2800 Acres (City Project) and other CITY-owned facilities required under the operation of this Agreement. b. AGENCY executes this Agreement on behalf of itself and on behalf of each of the Pioneer Project Participants identified in Recital E above, each of whom have consented in writing to be bound by the terms and provisions of this Agreement as Ker~-_,ou nty~'V ater ~,ge r~:yAgr e,emecff ~A~O~$,,,,A~.,~O~,~E~. ~.3 -- Page 2 of 16 Pages -- .- il affects the Pioneer Project only. For purposes of this Agreement, the term "AGENCY' shall mean the Kern County Water Agency and the'Project Participants (identified in Recital E above), unless otherwise specified. 2. NO ALTERATION. Nothing in this Agrccment shall change or supersede any previous agreement between any party hereto, unless specifically set forth herein. 3. PROJECT AREA. The Project Area shall be defined as the 2800 Acres, Ihe Kern River Channel easterly from the 28(X) Acres extending to the Rocky Point Weir, the Pioneer Property (including portions of the existing James and Pioneer Canal systems) and Kern Water Bank. The recharge areas of said facilities are located as shown on the map attached hereto as Exhibit "B,' which is incoqx)~ated herein by this reference. Unless otherwisa stated, the combined area of the 2800 Acres, the Kern River Channel easterly from the 2800 Acres extending to the Rocky Point Weir, the Pioneer Property (including portions of the existing James and Pioneer Canal systems) and the Kern Water Bank shall be referred to as the "Project Area" for purposes of this Agreement. 4. RELATIONSHIP TO ENVIRONMENTAL STUDIES. This Agreement shall become a part of any Environmental Impact Report, Negative Declaration, or other environmental document prepared by the AGENCY for the Pioneer Project. New urban developments in unincorporated areas of the County utilizing the AGENCY's resewed capacity in the Pioneer Project will require additional environmental review for such developments before implementation. S. USE OF FACILITIES. a. Kern River Canal. For purposes of this Agreement, the CITY owns and controls the Kern River Canal and structures appurtenant thereto, including headgates diverting water therefrom, and has the right to operate said facilities at CITY's sole discretion subject only to existing rights of third parties arising by law or contract. Subject to lhe rights of CITY and the rights of any other entity under the 1964 Amendment to the Miller-Haggin Agreement, or other CITY contracts, AGENCY may use the River Canal for transportation of water to be diverted into the Pioneer Property or Kern Water Bank. AGENCY acknowl~s that any AGENCY request for delivery downstream of the terminus of the River Canal must be coordinated and verified with Buena Vista. b. Pioneer Canal. For the purposes of this Agreement, the CITY owns and/or controls the Pioneer Canal from and including the headgate westerly to the Stockdale Highway bridge overcrossing subject only to existing rights of third parties arising by law or contract, and CITY shall continue to operate said portion of Pioneer Canal subject to available capacity as determined by CITY. AGENCY may make arrangements to use the Pioneer Canal, which includes reaches downstream from the Cross Valley Canal, for recharge, banking, and for transportation of AGENCY water to be diverted into the Pioneer Property or Kern Water Bank. K~,ounty~'l te r Agen<:yAg r e~t ~*O0~,wA~.~.S~,E. ~.3o.~.~ ,-~ -- Page 3 of 16 Pages -- c. ~. The CITY owns and controls the 2800 Acres (City Project). The CITY and AGENCY have heretofore entered into an agreement providing for AGENCY use of the 2800 Acres under certain terms and conditions, to wit: Agreemenl No. 84-232 dated October 17, 1984. Said agreement will expire on July 1, 2012, subject to an option to extend f~ an additional pedod of twenty (20) years. A copy of said Agreement No. 84-232 is atta~ hereto as Exhibit "F" and incorporated herein by this reference. This Agreement neither replaces nor amends Agreement No. 84-232 but merely supplements the same. In the event of any conflict between this Agreernenl and Agreement No. 84-232, Agreement 84-232 shall govern. AGENCY acknowledges thai any AGENCY request for conveyance of water past Second Point of Measurement in the Kern River Channel, located in the northwest quarter (NW 114) of Section 24, Township 30 South, Range 25 East, M.D.B. & M., must be coordinated with Buena Vista. (1) The CITY shall permit AGENCY to utilize the 2800 Acres for transportation of AGENCY water to the Pioneer Property and the Kern Water Bank subject to available capacity as determined by CITY with the following provisions: (a) AGENCY water supply spread or recharged in the 2800 Acres as a result of transportation of AGENCY water via the 2800 Acres will be recorded as spread in the Pioneer Property, the 2800 Acres and/or the Kern Water Bank as determined by the AGENCY. (b) CITY charges to AGENCY for water spread under this provision will consist of the Operations and Maintenance fee and Facilities Improvement Component of the Spreading Fee as set forth in Agreement No. 84-232, for the Pioneer Project and Kern Water Bank accounts. (2) CITY shall permit AGENCY access to the 2800 Acres for lite purpose of construction of turnout facilities at AGENCY expense which may divert from the 2800 Acres onto the Pioneer Property and the Kern Water Bank. Any plato for such construction shall be delivered to CITY by AGENCY in writing prior to the date of commer~cement of said construction. CITY shall have final approval of any plans or specifications. Upon completion of construction to the satisfaction of CITY, AGENCY will convey any such structure or turnout to CITY and CiTY shall thereafter own, operate and maintain the installed facilities. For the term of this Agreement, AGENCY shall have first priority to use any facilities constructed by it pursuant to this paragraph and shall pay operation and maintenance charges only (i.e., AGENCY shall not be required to pay a capital component or replacement charge). ,AO=~S'~,*'~"'-'~"S'P'O~E~" ~'~ '- Page 4 of 16 Pages -- ... d. Kern River Channel. For the purposes of this Agreement, the CITY controls the operation of a major portion of the Kern River Channel downstream of Rocky Point Weir, extending to the Interstate "5" crossing of the Kern River Channel subject to the rights of third parties arising by law or contract. Use of said portion of the Kern River Channel by AGENCY shall be governed by the following: (1) AGENCY may deliver water into the Kern River Channel at points eastedy of 2800 Acres for spreading and banking purposes; however, AGENCY shall be responsible for determining the accounting for such water, including designation of Ixoject accounts and related recharge losses. CITY shall have access to such accounting records.. (2) Use of the Kern River Channel by AGENCY for spreading and banking purposes shall not diminish or interfere with ongoing AGENCY/ID4 spreading operations, and for the purpose of this Agreement, the ID4 spreading operation shall not be considered banked within the ID4 boundaries, unless othenvise agreed to between the CITY and the Kern County Water Agency on behalf of ID4. Also, deferral of ID4 spreading operations to allow for banking by another entity shall not be deemed to diminish or interfere with ID4 spreading operations as long as the deferred quantities am eventually spread in ID4. (3) To encourage use of the Kern River Channel upstream of the 2800 Acres at times the Kern River Channel would othe~se be dry, CITY may, by mutual agreement with AGENCY, request delivery of AGENCY water into the Kern River Channel at points easterly of the 2800 Acres that, absent such request, would otherwise be spread by AGENCY in the 2800 Acres, Pioneer Property or Kern Water Bank. CITY shall reimburse AGENCY for the actual cost increase, if any, necessary to deliver AGENCY water into the Kern River Channel as set forth herein. (4) The Statement of Principles for the Establishment of a Water Recreation and Recharge Program for the Kern River Parkway adopted by the Water Board for the CITY and Kern County Water Agency on is included herein by reference as though fully set forth. KemC, ounty~Nate~ Ag~x:yA g reeme nt C*~S'WA~""G"S~'ONEE" ~ "Page 5 of 16 Pages -- ,! .' e. Q.Qltr. iltig~. CITY may operate the Kern River Canal, the Pioneer Canal at its point of diversion from the Kern River Channel, the 2800 Acres and Ihe Kern River Channel for lhe benefit of the AGENCY, subject to available capacity as detem~ined by CITY and the rights of Ihird parties arising out of law or contract, and with the following understandings: (1) The cost to AGENCY for use of CITY facilities shall be as described in certair~ pre-existing agreements which are incorporated by reference herein, as follows: (a) For use of the Kern River Canal - 1964 Amendment to the Miller-Haggin Agreement dated January 1, 1964; and (b) For use of the 2800 Acres to transport AGENCY water - Agreement No. 84-232 dated October 17, 1984; and (c) For use of the Kern River Channel to bank in the 2800 Acres - Agreement No. 84-232 dated October 17, 1984; provided, however, the operation and maintenance fee and Facility Improvement Component of the Spreading Fee shall not apply to water spread in the Kern River Channel easterly of the 28(X) Acres; and (d) For use of the Kern River Channel to bank for the Piorccr Project and Kern Water Bank accounts, no fee shall apply; and (e) For use of the Pioneer Canal - Agreement No. 93-158 dated August 25, 1993 (a copy of which is attached hereto as Exhibit "G," and incorporated herein by this reference). f. Waiver of Charaes. CITY may waive any or all of the aforemeniiormd charges to the extent that AGENCY has spread water, after giving advance written notice to the CITY, for overdraft correction rather than storage for later sale, assignment or extraction. g. Payment of Charges. All charges herein are due and payable by AGENCY to CITY forty-five (45) days after the mailing of the notice that such charges are due to CITY. No oversight by CITY in making such demand shall relieve AGENCY from such payments. ~*~)$,~*~E.,*OR~,O. EE. ~.~ -- Page 6 of 16 Pages -- Oc~ot~r 30 1996 6. PRIORITY FOR USE. AGENCY hereby grants to CITY a first right of refusal to use any and all unused recharge and recovery capacity of the Pioneer Project after the AGENCY and Kern County Water Agency Member Units. CITY's right shall, at all times, be subject to the first priority rights of AGENCY and Kern County Water Agency Member Units and shall further be subject to the payment of all fees and compliance with all rules, regulations, restrictions and limitations applicable to such use by AGENCY and its Member Units. 7. WATER QUALITY ASSURANCES. a. Quality Enhancement. CITY and AGENCY agree to operate their respective projects in such manner so as to maintain-and, when possible, enhance lyre quality of groundwater in the basin underlying the Project Area. To this end, each party agrees to make a good faith effort to meet the following objectives: (1) If supplies of acceptable recharge water exceed recharge capacity, all other things being equal, recharge priority should · be given to the purest or best quality water. (2) Each project should be operated with the objective that the average concentration of total dissolved salts in the recover~l water will exceed the average concentration of total dissolved salts in the recharged water. The average shall be calculated for a given project from the date of filing notice of determination to proceed with such project under the California Environmental Quality Act. (3) To maintain or improve groundwater quality, recovery operations should extract poorer quality groundwater where practicable. Blending may be used to increase extraction of lesser quality groundwater unless doing ~o will exacerbate problems by generating unfavorable movement of lesser quality groundwater. (4) All parties to this Agreement shOuld attempt to control the migration of poor quality groundwater. Problem areas may be dealt with by limiting or terminating extractions that tend to draw lesser quality groundwater toward or into the useable groundwater areas, by increasing extractions in areas that might generate a beneficial gradient, by increasing recharge within the useable groundwater area to promote favorable groundwater gradient, and the like. KernC.o~ nt'~ ~t e ~ ~,genc y Ag r eeme,n! ~^oo,$,,~A~.~,~.s~,o-EE, ~ -- Page 7 of 16 Pages -- .. (5) Recharge should not occur in, on or near contaminated areas, ~ should water be spread in, on or near an adjoining area if the effect will be to mound water near enough to the contaminated area that the contaminates will be picked up and carried into the uncontaminated groundwater supply. (6) W'dhin the Project Area, the parties may recharge Kern River and other high quality waters as high on lite Kern River Fan as possible and may recharge State Water Project water as far to the wast as possible, through reciprocal use of facilities if necessary, in order to enhance water quality in the upper Kern River Fan area. b. Hydraulic Gradient. In addition to the foregoing, the parties agree to use best efforts in operating their respective projects to maintain a hydraulic gradient which slopes away from the Kern River Channel within the Project Area. Such efforts may include, but are not limited to, prioritizing recharge along the Kern River Channel within the Project Area, limiting operation of recovery wells within the Project Area, and active monitoring of water levels. 8. OPERATING CRITERIA. a. Recharoe Priority. In order to preserve the historical high quality groundwater supplies underling the Kern River Channel, it shall be the goal of the parties to this Agreement to maintain a positive hydraulic gradient sloping away from the existing mound underlying the Kern River Channel. In recognition of this goal, AGENCY agrees that, at those times when water is not otherwise being recharged in the 2800 Acres CITY may call for up to twenty percent (20%) of water scheduled by AGENCY for spreading and/or banking purposes on the Pioneer Property to be spread in the 2800 Acres. Said recharge delivery will be monitored, reviewed and coordinated on a daily basis by CITY and AGENCY contact person. Water spread by AGENCY under this provision may be conveyed from North Pioneer to the 2800 Acres by gravity through a turnout to be constructed by the CITY. Water recharged in the 2800 Acres under this provision shall be credited to the accounts of the Pioneer Project Participants and not subject to CITY fees. CITY shall reimburse AGENCY for the actual cost increase, if any, necessary to deliver AGENCY water as set forth herein. b. Use of Easement. The CITY and AGENCY have entered into a permanent agreement providing for an easement across CITY-owned property, to wit: Agreement No. 93-158 dated August 25, 1993. CITY hereby consents to the assignment of said agreement as necessary to enable the AGENCY to use said easement in connection with its operation of the Pioneer Project if necessary. Ke,'~COu n~f~/ate, Age nc yAg tee me~! IA~O~S,.WA~.~EE. ~ -- Page 8 of 16 Pages -- .. c. ]~;;~;a~ll{y.Z~. The AGENCY has developed a recovery plan for the Project Area that will afford maximum recovery capability within the Project Area while minimizing adverse impacts to others within the Project Area or other areas a(rlacant thereto. A copy of the map showing the recovery area is attached hereto as Exhibit 'C," and incorporated herein by reference. ed'ach Adverse Imoact Avoidance/Mitioation. With Monitoring Committee oversight, project should'be operated so a~ to prevent, eliminate or mitigate significant adverse impacts. Mitigation measures to ~ significant adverse impacts from occurring include, but are not limited to, the following: (1) Limit recovery from wells situated on Pioneer Property to water previously spread and banked on the Pioneer Property (including portions of the existing James and Pioneer Canal systems), the Berrenda Mesa properly, the Kern Water Bank, lhe 2800 Acres and/or the Kern River Channel easterly of the 2800 Acres; (2) In any given year, the recovery from the Pionccr Project shall not exceed the total quantity of AGENCY water previously spread and/or banked less that amount of water previously recovered on the Pioneer Property (including portions of the existing James and Pioneer Canal systems), the Berrenda Mesa property, the 2800 Acres, the Kern River Channel easterly of the 2800 Acres, and any water recharged on the Kern Water Bank via the Pioneer Property. (3) Expand the recovery area to include areas located westerly of the Pioneer Property; (4) Maintain a positive bank account balance at all times; (5) Provide buffer areas between recovery wells and neigtlxxing overlying users; (6) Limit the monthly, seasonal and/or annual recovery rate; (7) Provide sufficient recovery wells to allow rotation of recovery wells or the use of alternate wells; (8) Adjust pumping rates or terminate pumping to reduce impacts, if necessary; .- (9) Impose time restrictions betwc,,~n recharge and extraction to allow for percolation of water to the aquifer; and (10) Provide recharge of water that would not otherwise recharge the Project Area. e. Compensation for Adverse Im.oacts. Mitigation measures lhat ~ for unavoidable adverse impacts include, but are not limited to, the following; (1) With the consent of the affected overlying user, lower the pump bowls or deepen wells as necessary to restore groundwater extraction capability to such overlying user, (2) With the consent of the affected overlying user, provide alternative water supplies to such overlying user;, and (3) With the consent of the overlying user, provide financial' compensation to such overlying user. f. ~tlJ_~;la.C,J]~. New wells shall be placed no closer than one-third (1/3) mile from any existing wells located off the Pioneer Property;, g. Additional CITY Wells. AGENCY acknowledges that CITY has heretofore planned to construct three (3) wells in 1]~ 2800 Acres to be situated in Sections 9, 10 and 16 of Township 30 South, Range 26 East, M.D.B. & M., and AGENCY agrees to provide well spacing of at least one-third (1/3) mile from said planned wells. h. Losses. Losses will be applicable to all water spread under this Agreement and at a minimum shall be assessed as follows: (1) Surface recharge losses shall be fixed and assessed at a rate of six percent (6%) of water diverted for recharge. (2) An additional five percent (5%) loss shall be assessed against any water diverted to the Project Area for banking by, for or on behalf of any out-of-County person, entity or organization and/or against any banked water sold or transferred to any out-of-County person, entity or organization. (3) Effective the date of this Agreement and except as other~se limited by prior agreement, losses assessed under this ,'~'~ represent amounts of water that are non-bankable and non-recoverable by CITY or AGENCY. i. Definitions _A~)_ licable to Fees ~ Cha _r~es. To provide for uniformity with respect to fees and charges under this Agreement, it is agreed as follows: (1) Operations and maintenance fees and facility improvement fees shall be charged against total diversions into the facility (i.e., the amount of water diverted before losses). (2) Spreading fees shall be charged against net water recharge. Net recharge shall be understood to be the total amount of water spread, less losses. (3) Recovery or extraction fees shall be charged against total water recovered. j. Fdant-Kem Canal Flood Flows. The parties agree that the first IXiority of Friant-Kem flood flows that spill into the Kern River Channel shall be to establish and maintain a continuous (uninterrupted) stream channel from the terminus of the Friant.Kern Canal to the Kern River Intertie. Said continuous stream flow shall be dedicated to overdraft correction of the groundwater basin. k. Delivery_ Point of AGENCY Water. Except as provided in the 1964 Amendment to the Miller-Haggin Agreement, the delivery point for all Kern River water pertaining to operation of this Agreement owned or acquired by AGENCY shall be at the diversion point of the Beardsley Canal from the Kern River or, at the option of AGENCY, at other points of delivef~/downstream on the Kern River so long as AGENCY accepts all losses and costs associated with transportation of such water between the Beardsley Canal point of delivery and lite other delivery point requested by AGENCY. AGENCY will be permitted to take delivery of all or portions of its Kern River water through the CmTier Canal during periods when CITY determines that sufficient CITY capacity is available and CITY and AGENCY agree to the time, place, duration and cost of such deliveries. 9. COORDINATION AND RECORD KEEPING. a. Coordination. The AGENCY is responsible for the day-to-day operation of the Pioneer Project. The AGENCY will designate a contact person to coordinate AGENCY activities with the CITY. Water deliveries to the Project Area via the Kern River Channel or via any CITY-owned facility shall be regulated through CITY operation and shall be scheduled forty-eight (48) hours in advance through the CITY Page 11 of 16 Pages -- b. ~]~It..gLC~l~. 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. 14. EFFECTIVE DATE. This Agreement is effective the day and year first above written regardless of the date of actual execution. 18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally delivered or sent by certified or registered mail, in which latter case service will be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice given in the manner herein provided: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 Buena Vista Road Bakersfield, CALIF.ORNIA 93311 AGENCY: KERN COUNTY WATER AGENCY P.O. Box 58 Bakersfield, CALIFORNIA 93302-0058 t~. FORUM. Any lawsuit per'raining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 17. ~,~.J.C,t~,J~. This Agreement shall not be assigned by CITY or AGENCY, without the prior written consent of the other. 1~. BINDING EFFECT. The rights and obligation of this Agreement shall inure to the benefit of, and be binding upon, the parties to the agreement and their hairs, administrators, executors, personal representative, successors and assigns. lg. CORPORATE AUTHORITY. Each party executing this Agreement represents and warrants that it is duly authorized to execute and deliver this Agreement on behalf of the organization named herein and that this Agreement is binding upon said organization in accordance with its terms. 20. WANER 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. ~.~s,wA~.~.G.s~o.~E. ~ Page 13 of 16 Pages -- PIONEER PROJECT JOINT OPERATING AGREEMENT LIST OF EXHIBITS AND ATTACHMENTS Exhibit 'A' - 2800 Acre Recharge Facility and Pioneer Property Exhibit'B' - Project Area Recharge Map Exhibit 'C' - Project Area Recovery Map Exhibit 'D' - Pioneer Project Participation Agreement Exhibit 'E' -- Exhibit 3: 'Declaration of Covenants, Conditions and Restrictions' of the 'Transfer and Exchange Agreement' between the Kern County Water Agency and the Kern Water Bank Authority. Exhibit 'F' - CITY/AGENCY Agreement No. 84-232 Exhibit 'G' - CITY/AGENCY Agreement No. 93-158 O..,.-(^OO~S'W*~"~'~"S~'O~EE",~ ,.~ 0.~ -- Page 16 of 16 Pages -- ITEM 7).A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) KF. RN DELTA WATER DISTRICT vs. NORTH KERN WATER STORAGE DISTRICT, et al., TULARE COUNTY SUPERIOR COURT CASE N°. 96-172919.