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HomeMy WebLinkAbout05/08/97 ~ .~..- -.. BOARD WATER Mark C. Salvaggio, Chair Patricia M. Smith, Vice-Chair Jacquie Sullivan CITY OF BAKERSFIELD SPECIAL WATER BOARD MEETING THURSDAY, MAY 8, 1997 - 4:30pm Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA AGENDA 1). CALL MEETING TO ORDER. 2). ROLL CALL. 3). APPROVAL OF MARCH 19, 1997 MINUTES 4). PUBLIC STATEMENTS. 5). TOUR OF RECHARGE FACILITY ~ CITY OF BAKERSFIELD "2800 ACRES" LOCATED 3 MILES WEST OF BUENA VISTA RI). ALONG KERN RIVER CHANNEL 6). DEFERRED BUSINESS A. KERN RIVER OPERATIONS B. SOUTHWESTERN WILLOW FLYCATCHER HABITAT DESIGNATION 7). NEW BUSINESS A. AGRICULTURAL WATER DIVISION 1997 SEASON WATER PRICE AND SAND SALE SCHEDULE. B. DOMESTIC WATER DIVISION SERVICE AREA SCHEDULE OF RATES AND SERVICE CHARGES FOR FY 1997-1998. 8). 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. 9). CLOSED SESSION ACTION 10). ADJOURNMENT Gene Bog~t, ~ ~R~ourccs Manager POSTED: May $. 1997 1000 BUENA VISTA ROAD ,, BAKERSFIELD, CALIFORNIA 93311 * (805) 326-3715 MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, March 19, 1997, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardmember Salvaggio at 4:36pm. 2. Present: Mark Salvaggio, Chair Patricia M. Smith Jacquie Sullivan (seated at 4:40pm) 3. Boardmember Salvaggio made a motion to approve the minutes of the Regular Meeting held January 15, 1997. Motion carried. 4. There were no public statements. 5. There was no correspondence. 6. Deferred Business 6A. Hydrographic Supervisor Steve Lafond gave an update on Kern River operations. The precipitation so far for the 1996-97 water year has been above normal, which should allow a river flow through Bakersfield for at least nine months in 1997. Currently Lake Isabella is just less than 350,000 acre- feet and projected to be near the 550,000 acre-feet this summer. All basic contracts and obligations of the City will be fulfilled and we should have a full Tmxtun Lake operation this year with the City meeting its goals under the water recreation and recharge programs. 6B. Mr. Core gave background information regarding the Metropolitan Bakersfield Water Supply Report and stated the report was in draft form. A meeting would be held April 3, 1997 with the project participants to get a more detailed explanation of the report's content. Mr. Core introduced Mr. Harry Starkey, Manager of Bookman-Edmonston Engineering, the engineering faro selected for this project to give a brief update. Mr. Starkey stated his firm is in the process of presenting four alternatives for consideration at the workshop. One alternative is selected as preferable and an implementation plan will be built around it. The major features in each alternative are a northeast plant, an expanded KCWA plant and a series of trunk lines networking the entire system to allow the movement of treated surface water and produced ground water. The plan also involves expanding water service areas as well as upgrading the technology to distribute the water in the most efficient method and meet quality standards. Alternatives for the financial participation are needed to make sure one area is not subsidizing another. More information should be available by the next Water Board meeting. 6C. The Lake Isabella, Southwestern Willow Flycatcher Habitat and Area Conservation Plan was presented to the Board for information by Mr. Core. This plan will allow operations of Isabella reservoir to continue as historically without constraint. The original SWWF habitat was designated around the Lake Isabella shoreline. There are negotiations in progress to purchase out of reservoir private property as a solution to provide a habitat for endangered species. The Watermaster legal counsel is working with the Corps of Engineers and the Fish and Wildlife Service on this out of reservoir solution, and expect resolution by October 1997. 7. New Business 7A. The Kern River Parkway Grant - Proposition 204 funding was brought before the Board by Mr. Bogart. Proposition 204 has $27,000,000 available for parkway projects in California. Most of the money has already been spoken for in the governor's proposed budget, but in the last two weeks we have had meetings with state Senator Costa, in an effort to obtain a portion of this money to purchase privately owned property within the Kern River Parkway. There are four parcels totaling 50 acres which are of the highest priority to acquire. The cost of acquiring these four parcels is estimated to be $1,000,000. It was recommended by Boardmember Salvaggio that a resolution be sent from the full City Council to Senator Costa. A motion was made by Boardmember Salvaggio to this effect. Motion carried. 7B. The 1997 Water Campaigns were brought before the Board by Mr. Core. 1. The Water Association of Kern County sponsors an annual "Water Awareness Campaign' each year which focuses on local water issues. This campaign consists of a series of television and radio public service announcements, and newspaper ads through the summer months urging water conservation at the local level. The contribution normally is $750, $375 from the Domestic fund and $375 from the Ag Water fund. 2. The annual "Fun Run/Walk for Water" is a well attended event which will be held Saturday, May 10th. The City has been involved in this event for the past several years and supports it both f'mancially and with inkind services. Other water users/purveyors in Bakersfield also contribute toward this program. The City contributes $500 annually from the Domestic Water fund. 3. The "Water Watchers Series" provides a two week televised run during the weather segment of Channel 17 news. The total budget for this campaign is $20,000 of which Channel 17 donates $10,000 for their services, the remaining $10,000 is donated by other local water users. This service provides a lot of exposure for water awareness and conservation. In the past the City has contributed $1,000 toward this campaign. 4. We have received a letter requesting support from a new organization titled "Central California Life Safety Coalition." The Coalition has been working in the south valley area with public service announcements on water safety and in school education programs. Other local water interests are involved financially and with inkind services. Staff will monitor this program for its effect in the Bakersfield area to decide a future amount of contribution, at this time staff recommends a donation of $250. To summarize, all four of these events total $2,500. Domestic Water funds are budgeted for water conservation efforts necessary under the Urban Water Management Plan Act with the State of California and these efforts help satisfy the requirements. Staff requests the Board to approve the above expenditures as they occur. Boardmember Smith made a motion for approval. Motion carried. 7C. The City of Bakersfield draft Water Supply/Balance Report was brought before the Board by Mr. 2 Core for information. Four years ago the State Legislature passed AB 3030 requiring all water purveying entities to have a water plan describing past water supply issues and a future water plan. Staff has reviewed the past 20 year period of water supply source in Bakersfield and consumption amounts. The report is in preliminary stages, but the numbers appear good for a balanced water supply on an average annual basis. Staff should have a more refined draft available within the next two-four months along with a technical document showing actual tables and graphs. 7D. A vacancy on the advisory committee of the Improvement District//4 of the Kern County Water Agency was brought to the Board by Mr. Bogart. The closing of applications to fill the vacancy was March 15~ with Dave Wright of Texaco and Bob Lewis, former Manager of California Water Service Company of Bakersfield applying for the position. The Advisory Committee consists of purveyors and operators, who at times have been asked to make political decisions. Mr. Tom Clark, General Manager of the Kern County Water Agency, is restructuring the committee with the purpose being an operating committee that will make recommendations to the Agency Board. Boardmember Salvaggio asked which applicant would best meet the needs of the City. Of the applicants who applied for the position staff felt Bob Lewis was the more knowledgeable with Bakersfield water operations, the history of water service in the area and the history of the ID4 project. No action taken, for Board information. 8. Closed Session. 8A. 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; City of Bakersfield; Kern Island Water Company - Tulare Superior Court Case NO. 96-172919. Meeting adjourned to Closes Session at 5:23pm. The meeting reconvened at 5:42pm. 9. No action taken, update given on existing litigation. 10. The meeting adjourned at 5:42pm. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board ISABELLA RESERVOIR DAILY OPERATIONS REPORT (All readings are for date of report (MONDAY) as of (XX)l, except as noted.., cf~ in italics) Date of Report: May 5, 1997 ISABELLA RESERVOIR 1 2590.35 Lake Elevation (ft.) 407256 Storage +3023 Change 3121 Inflow to Isabella 2 568075 Storage Capacity 72% % of Capacity 214415 Normal Storage 190% % of Normal Storage For this Date 3 9749 Average Lake Area (Acres) 25263 Inflow (Month) 12472 Outflow (Month) 4 2974 North Fork Mean 2993 North Fork @ 0700 Hours 742413 Accumulative Inflow (96-97 WY) 5 1510 Mean Outflow 587 Borel Canal 923 Main Dam Outlet 604896 Accum. Outflow (WY) 6 1521 Outflow @ 0700 582 Borel Canal @ 0700 Hours 939 Main Dam Outlet @ 0700 Hours Hours 7 87 Lake Evap. (cfs) 0.31 Inches Evap. for 24 Hours 770 Lake Evap. (Month to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 10 11.36 Seasonal Precip. Isabella 9.35 Normal for 121% Isabella Precip. this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 45.80 Seasonal Precip. Pascoe 33.28 Normal for 138% Pascoe Precip. this Date % of Normal 13 36.8 Upper Tyndall Creek 19.4 Pascoe 0.3 Wet Meadow 14 79 Isabella Maximum Temperature 15 55 Isabella Minimum Temperature 88 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 3143 Natural Flow (cfs) 25390 Natural Flow (Month to Date) 169506 1997 April-July Runoff 17 2250 Mean Flow 140% Natural Flow 1698 Median Flow 185% Natural Flow For this Date in % of Mean For this Date in % of Median 18 9352 Max. on Record 353 Min. on Record 782257 Accum. Natural Flow (Water Year) For this Date For this Date KERN RIVER FACTS & FIGURES: On this date in 1996, Isabella Reservoir storage gained 4,135 acre-feet, pushing total storage to 484, 747 acre-feet as of midnight May 5th. Never in the history of Isabella Produced by City of Bakersfield operations had storage reached such a lofty mark so early in the season. During May Deparffnent of Water Rasources 1996, every maximum daily storage record was broken until the 31st day of the month. (aos) 326-3715 KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 1996-1997 WATER YEAR 1000G 600,000 9500-- 19,794 - -550,000 9000_ (2~o~.9~ Ft.) 8500:- Current -500,000 Isabella Storage ¢n~.3. Ft.) 8000 - -- 7500 _ _: Average ct Isabella Storage Z 6500 - (.,1 6000:- w ooo ~ 5500 U.I - j,,,,, (LS78.S3 Ft.) ooo (.,1 4000 :~ 3500: ° 3000 2500 - --"-- 2000, i~! ~,~~ vv~' ~"~ . Regulated flow 000 l if0 IIIIII II fill fill II fl III lflll Il II fill II II Il I llill Ill II II I Iii fill fl U Il fl Ililll IIIIII tiff II Il lift Illll II Iflll Illll fl fill fl II II Ii III I Ira Il fl llll IIIIII II Ifil trill II fill fll fl I U Ifil IIII II II II11 lift II II II Il Ilfll II mil Ill II fl II II il Ii II II lill im ii ii fill II fill II UII fill i II lift fl IIII fl lift fill fl I lift fill Il mill I!111 Iff fill IIIli II El Jill II II fill I I fl # ifil ifll l Oct-96 Nov-96 Dec-96 Jan-97 Feb-97 Mar-67 Apr-97 May-97 Jun-97 Jul-97 Aug-97 Sep-97 CITY OF BAKERSFIELD ° DEPARTMENT OF WA TER RESOURCES CITY OF BAKERSFIELD · DEPARTMENT OF WATER RESOURCES THE LAW OFFICES OF Young. Wooldridge - -- 1800 30th SI. reel. Fourth Floor · Bakersfield. CA 93301-$298 A PARTNERSHIP COMPOSED OF PROFESSIONAL CORPORATIONS Telephone 805-127.9661 · Facsimile 805.327.0720 Scott K. Kuncy. PC A. Cameron Pauldcn PARTNER 1927.1984 April 17, 1997 Mr. Chuck Williams Kern River Watermaster P. O. Box 81435 Bakersfield, CA 93380-1435 RE: DESIGNATION OF CRITICAL HABITAT FOR SOUTHWF~TERN WILLOW FLYCATCFI'ER/ISABELLA RESERVOIR Dear Mr. Williams: Enclosed is a copy of a judgment rendered by the Federal District Court, Arizona, with regard to the designation of critical habitat for the southwestern willow flycatcher. The Southwest Center for Biological Diversity was successful in convincing the court that the Service is required to complete its determination of what areas should be considered as critical habitat in light of their earlier proposed rule. You recall that the Service had proposed that the entire Isabella Dam and Reservoir area as well as several upstream miles of the South Fork of the Kern River be included in the designation. This determination had been deferred and then suspended with the now expired ESA moratorium. The court has now ordered that the Service "shall have 120 days in which to designate the critical habitat of the flycatcher in accordance with his statutory duty". The 120-day deadline will expire on July 12. 1997 absent further court extension. In the prior hearings and comments periods, we provided extensive comments to the Service with regard to critical habitat designation (See, letter and enclosures dated November 24, 1993, April 25, 1995). We are also in the course of preparing further comments with additional enclosures. We expect that our comments will be three-fold: 1) Incorporating by reference the prior comments and exhibits; 2) Renewing the request and citing additional authority that the Service is required to complete the economic analysis of the impact of critical habitat designation and further to consult with the local agencies to gain additional information; 3) Providing supplemental information to further bolster our contention that Isabella Reservoir is not properly considered critical habitat and that the Secretary should conclude that all of the reservoir area, and perhaps the balance of the Kern River Valley vicinity, is not appropriate for designation. As this process is reconvened, you should keep in mind certain aspects of the Endangered Species Act regarding critical habitat designaQon: Mr. Chuck Williams Kern River Watermaster April 17, 1997 Page 2 · Section 1532(b)(2) of the ESA requires that the Service base its recommended designation of critical habitat on "the best scientific data available and after taking into consideration the economic impact, and any other relevant impact" of the proposed designation. 16 U.S.C. 1533Co)(2), 50 CFR 424.12(a). · ESA instructs that the Secretary "may exclude from critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying such area as pan of the critical habitat, unless he determines, based on the best scientific and commerdal data available, that the failure to designate such area as critical habitat will result in the extinction of the species concerned." 16 U.S.C. 1533(b)(2). · In the recent Supreme Court case of Bennett v. Spear, 1997 U.S. Lexis 1921, page 10, the Court stated that "the terms of Section 1533(b)(2) are pllgnly those of obligation .. rather than discretion: 'The Secretary shall designate critical habitat, and make revisions thereto.., on the basis of the best scientific data available and after taking into consideration the economic impact, and any other relevant impact, of specifying any particular area as critical habitat." (Emphasis as provided by Supreme Court). · Later in the opinion the Court explains that "[t]he obvious purpose of the requirement that each agency 'use the best scientific and commercial data available' is to ensure that the ESA not be implemented haphazardly, on the basis of speculation or surmi~. While this no doubt serves to advance the ESA's overall goal of species preservation, we think it readily apparent that another objective (if not indeed the primary one) is to avoid needless economic dislocations produced by agency officials zealously but unintelligently pursuing their environmental objectives." Beneath v. Spear, 1997 U.S. Lexis 1921, page 12. The just completed section 7 consultation regarding long-term operation of Isabella Reservoir should not be affected as the biological opinion was developed with full consideration of the proposed critical habitat/designation. Please contact me at your earliest convenience should you have any questions. Very truly yours, SCOTt K. KUNEY SKK:cy Enclosure E:~SKK~C'RTHABT. DRF 4117/97 3:22 PM AGRICULTURAL WATER ENTERPRISE 1997 WATER PRICE AND SAND SALE SCHEDULE The following recommended water prices reflect the current, above normal water supply conditions occurring throughout the San Joaquin Valley. Of the ten (10) water price categories shown below, items 1 and 2 are established by existing contracts. The water rates for items 3 through 10 are dependent upon supply and would become effective May 1, 1997. These water rates would remain in effect until conditions warranted changes or adjustments to these prices. For information and reference, the 1995 and 1996 schedule for surface water rates are shown for comparison (price per acre-foot). Actual 1995 Actual 1996 Effective May 1, 1997 (199% of Normal (128% of Normal (125% of Normal ~ of Water Water Year) Water Year) Water Year} 1) Basic Contract Water .......... $20.00 $20.00 $20.00 2) City 'Borrow/Pa)back" Contract Water ..................... $20.47 $21.05 $21.65 *3) Miscellaneous Kern River Water sold for Domestic use .......... $32.00 $32.00 $32.00 *4) Miscellaneous Kern River Water sold for surface irrigation ................................. $22.00 $22.00 $22.00 *$) Miscellaneous Water that would otherwise be used for groundwater banking ..... $11.71 $12.05 $12.39 *6) City non-Kern River Water sales (oilfield discharge, etc.) ......................................... $20.80 $20.80 $20.80 7) 2800 Acre 'banked" groundwater sold for surface irrigation (downstream of 2800 Acres) ...................... $52.00 $52.00 $52.00 8) 2800 Acre "banked' groundwater sold for surface irrigation (upstream of 2800 Acres) ...................... $57.00 $57.00 $57.00 9) 2800 Acre "banked" groundwater sold for Domestic use (upstream of 2800 Acres) ....... $62.00 $62.00 $62.00 10) Kern River Canal & Irrigating Co .......................... $19.15 $19.15 $19.15 * To encourage maximum use within the Kern River groundwater basin, water prices in categories numbered 3, 4, 5 and 6 are reduced 50% during periods of mandatory flood control release and/or encroachment into the flood control storage space at Isabella Reservoir. For annual and/or temporary pumping agreements from canal and river facilities, and for sand sales from City-owned river channel properties, the following rates would remain in effect until conditions warranted changes: ITEM PRICE 1) Temporary Pumping Agreements .................................. $ 50.00 per day 2) Annual Pumping Agreements 5 Truck units or less ......................................................... $400.00 (minimum charge) 6 Truck units or more ...................................................... $600.00 (or greater proportionately, depending upon volume) 3) Sand Removal Sales .......................................................... $ 0.50 per cubic yard (plus sales tax when applicable) City of Bakersfield Domestic Water Division Ashe, Fairhaven, and Riverlakes Ranch Service Areas Schedule of Rates General Metered Service 'RateS.Effective Oct.:'1, 1996' Within Fairhaven & City Limits Unincorp- orated Areas Quantity Rates: IFirst 300,000 cu. ff./month $0.47 $0.60 (per 100 cu. ff./month) All over 300,000 cu. ff./month $0.42 $0.55 (per 100 cu. ff./month) M0nthlY..Se~iCe Charge:. :~ ':.'. : ' ' '.'. 5/8" x 3/4" Service $6.90 $9.07 1" Service $10.51 $13.86 1 - 1/2" Service $16.03 $20.98 2" Service $21.83 $28.63 3" Service $40.33 $52.87 4" Service $58.63 $76.53 6" Service $105.37 $137.00 8" Service $161.97 $210.26 10" Service $223.26 $288.80 Monthly Private Fire Protection Service Charge: 1 - 1/2" Connection $6.30 $8.15 2" Connection $8.40 $10.90 3" Connection $12.60 $16.35 4" Connection $16.80 $21.80 6" Connection $25.20 $32.45 8" Connection $33.60 $43.60 10" Connection $42.00 $54.25 12" Connection $50.40 $65.15 Monthly service charge is a readiness-to-serve charge which is applied to all services and any quantity of water used is an additional charge computed at the quantity rate. Conditions of service remain the same. P:\123- DATA~ClATECIYP3.WK3 ' ITEM 8),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 No. 96-172919.