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HomeMy WebLinkAbout01/21/98 Mark C. Salvaggio, Chair Patricia M. Smith, Vice-Chair Jacquie Sullivan CITY OF BAKERSFIELD WATER BOARD MEETING WEDNESDAY, JANUARY 21, 1998 Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA AGENDA 1). CALL MEETING TO ORDER. 2). ROLL CALL. 3). APPROVAL OF NOVEMBER 12, 1997 MINUTES. 4). SCHEDULED PUBLIC STATEMENTS. 5). KERN RIVER OPERATIONS REPORT. 6). DEFERRED BUSINESS A. NORTHEAST BAKERSFIELD BIKE PATH AND WATER FACILITIES PROJECT - Update. B. KERN RIVER PARKWAY FLOW PROGRAM - Draft agreement. C. WEED ERADICATION REPORT - 2800 Acres & Kern River Floodplain 7). NEW BUSINESS A. PARTICIPATION IN "WATER WALL" at CENTENNIAL PLAZA and ARENA SITE - Kern River Watermaster Group. B. WATER BOARD MEETING DATES FOR 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 No. 96-172919. 9). CLOSED SESSION ACTION 10). ADJOURNMENT ne B~ga~ Ge ources Manager POSTED: January_ 16. 1998 S:WBJA21 AG 1000 BUENA VISTA ROAD ,, BAKERSFIELD. CALIFORNIA 93311 · (905) 326-3715 MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, November 12, 1997, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardmember Salvaggio at 4:32pm. 2. Present: Mark Salvaggio, Chair Patricia M. Smith Jacquie Sullivan (seated at 4:37pm) 3. Boardmember Salvaggio made a motion to approve the minutes of the Special Meeting held July 15, 1997. Motion carried. 4. Mr. Bogart introduced Bill Cooper of the Kern River Parkway Committee to speak before the Board. The Parkway Committee is concemed about an exotic plant problem in the fiver that may eventually affect water operations of the City. Mr. Bogart requested that staffbe allowed to follow-up on the eradication of these plants. Mr. Bogart will get back to the Board with a memo regarding this situation. 5. Deferred business SA. Hydrographic Supervisor Steve Lafond gave an update on the Kern River operations, El Nifio and Kern River channel maintenance. a. The 1997 water year ended September 30, 1997, the Kern River produced in excess of 1.2 million acre-feet during the 1997 water year. The average water year yield on the Kern River is roughly 700,000. Lake Isabella currently is holding 258,000 acre-feet. Withdrawals of storage in the reservoir are to continue through the Thanksgiving holidays. Barring any unusual or unforseen activity in the watershed, we expect to be a 245,000 acre-feet for the winter carryover. b. Regarding the El Nifio, peak ocean temperatures are beginning to fall with the October IS' benchmark now shows that the warming trend has reversed. However, expert forecasters have predicated above normal rains for California this winter. The primary concerns of damage from El Nifio are the Los Angeles basin and the southern coastline of Califomia where extremely high tides will be occurring in late December and the month of January. c. During the past five weeks maintenance has been completed on sections of the Kern River channel through Bakersfield concentrating on the area above the Calloway River Weir; around the 99 Highway bridge; Coffee Road weir and the "2800 Acres." For Board information only, no action required. 1 5B. Mr. Core gave an update on current activities regarding the Southwestern Willow Flycatcher situation. A lawsuit has been filed by the Southwest Center for Biological Diversity against the United States Corps of Engineers and United States Fish and Wildlife Service indicating violations of the National Environmental Policy Act, Endangered Species Act, Federal Advisory Committee Act and Migratory Bird Treaty Act. A main issue is excess carryover allowed in Isabella Reservior that causes a portion of the South Fork Valley to be inundated at times, diminishing the Flycatcher's habitat. As restitution, the Southwest Center is asking the Corps of Engineers to abate operations affecting the habitat of the Flycatcher, mitigate the damages and loss of habitat along the shores of the lake and cease operating with an excess carryover capacity. The City has also received a copy of a letter stating the Southwest Center intends to file a lawsuit against the Kern River Watermaster on the carryover operation of Lake Isabella indicating the Watermaster is libel for damages to the habitat. The City has historically stayed within normal carryover limitations as established by flood control criteria of the Corps of Engineers. The City of Bakersfield has not been named in either action by the Southwest Center nor has any individual Kern River Interest. Two of the Interests, North Kern Water Storage District and Buena Vista Water Storage District, want to intervene in the lawsuit against the Corp of Engineers and Fish and Wildlife Service. Staff recommends that City not join on an intervention at this time. The Board indicated agreement that no financial participation by the City is warranted on these issues and concluded no formal action is necessary at this time. 6. New business 6A. Mr. Bogart presented to the Board Proposition 204, Kern River Parkway property funding status. Don Anderson from the City Property Management Division and Debby Townsend of the California Wildlife Conservation Board, toured the properties eligible for the grant monies. The properties will be appraised and prioritized for acquisition. The owners have previously been contacted and some may be interested on a willing seller basis. The negotiations will begin after the highest priority properties are appraised first. If the owner is an unwilling seller, we will go to the next priority property owner on the list and negotiate with them. It is unknown at this time how much acreage will be able to be purchased with the $500,000 funding. For Board information, no action required. 6B. The Domestic Water Division Ten Million Gallon Reservoir has been completed within budget and below estimates submitted to the state for our loan. There were change orders amounting to less than $20,000 on this $4,000,000 project. The reservoir is online and running. For Board information only, no action required. 6C. The status of the Kern River Parkway recreational flow program was brought before the Board by Mr. Core. In December 1996 there was a joint resolution between the Kern County Water Agency and the City of Bakersfield to proceed with the development of a water management program to maximize and increase flows in the Kern River Parkway during the recreation season, defined as the peak summer months. This is to be accomplished through the coordination of water resources and facilities available to both parties. An agreement is being drafted and should be available for the Board at the next meeting. For Board information only, no action required. 7. Closed Session. The meeting adjourned to Closed Session at 5:42pm. 2 7A. 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. The meeting reconvened at 5:45pm. 8.Received update, no action taken. 9.The meeting adjourned at 5:45pm. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board 3 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX January 15, 1998 35,0 1994-1995 199% A-J 30.0 25.0 ~100% of April 1 Average 20.0 Average ('~ 15.0 10.0 ~ 11997-1998 f1993_1994 L~1% A-J 5.0 0.0 I November December January February March April Snowpack Accumulation Season ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of OOOl, except as noted.., cfs in italics) Date of Report: January 15, 1998 ISABELLA RESERVOIR 1 2571.54 Lake Elevation (ft.) 244755 Storage -74 Change 642 Inflow to Isabella 2 568075 Storage Capacity 43% % of Capacity 149280 Normal Storage 164% % of Normal Storage For this Date 3 7460 Average Lake Area (Acres) 13938 Inflow (Month) 11391 Outflow (Month) 4 583 North Fork Mean 529 North Fork @ 0600 Hours 87627 Accumulative Inflow (97-98 WY) 5 676 Mean Outflow 0 Borel Canal 676 Main Dam Outlet 131351 Accum. Outflow (WY) 6 651 Outflow @ 0600 0 Borel Canal @ 0600 Hours 651 Main Dam Outlet @ 0600 Hours Hours 7 3 Lake Evap. (cfs) 0.01 Inches Evap. for 24 Hours 317 Lake Evap. (Month to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.07 Inches of Precipitation at Isabella for 24 Hours 1.40 Inches of Precipitation at Isabella for Month 10 5.30 Seasonal Precip. Isabella 4.27 Normal for 124% Isabella Precip. this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for,24 Hours 4.60 Inches of Precipitation at Pascoe for Month 12 16.20 Seasonal Precip. Pascoe 14.29 Normal for 113% Pascoe Precip. this Date % of Normal 13 16.6 Upper Tyndall Creek 17.1 Pascoe 14.3 Wet Meadow 14 57 Isabella Maximum Temperature 15 36 Isabella Minimum Temperature 81 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 693 Natural Flow (cfs) 15226 Natural Flow (Month to Date) 15226 1998 January-March Runoff 17 664 Mean Flow 104% Natural Flow 389 Median Flow 178% Natural Flow For this Date in % of Mean For this Date in % of Median 18 5702 Max. on Record 159 Min. on Record 88720 Accum. Natural Flow (Water Year) For this Date For this Date KERN RIVER FACTS & FIGURES: On th/s date/n 1980, .38' of precipitation was recorded at the Isabella Project, concluding a week-long period of stormy weather. All told, 6.47' of rain fell at the dam headquarters Produced by City of Bakers~eld dur/ng the period of January 9-15, 1980. For the month of January 1980, a total of 7. 71 ' of Water Resources precipitation was reported by the Corps, exceeded only by January of 1969 (record of 9.56'). (ao5) 326-37~ 5 KERN RIVER BASIN SNOW SENSOR FORECAST MODEL Readings of Water Content DATE: 15-Jan 1998 are in Inches ..... Previous Year April-July Runoff = 122 % 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 16.6 9.4 11.5 17.1 14.3 8.8 10.4 7.9 11.9 Normal Water Content This Date 14.7 10.5 11.6 13.2 16.1 8.3 12.4 6.5 11.7 % of Normal Water Content This Date 113% 89% 99% 129% 89% 106% 84% 122~ 103% 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 60% 47% 53% 69% 47% 56% 509/0 72% 56% 1) 3-Gage Precipitation Index For this Date -- 30.94 inches 3-Gage Precipitation Index Normal For this Date - 26.04 inches 3-Gage Precipitation Index in % of Normal -- 119% Percentage Into Snowpack Accumulation Season = 54% 2) Estimated April-July Runoff into Isabella Reservoir = 462,111 acre-feet 3) Estimated April-July Runoff in % of Average = 105% 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 = 442,000 acre-feet KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 1997-1998 WATER YEAR 0000__ 600,000 - (26oa.2s Ft.) 9500-- - : :550,000 9000_: - (2~o3.9~ Ft.) 8500--- :500,000 8000-- - (2599.3a Ft.) 7500-- :450,000 7000-- Average - (2594.62 Ft.) Isabella Storage :400,000 6500-- 6000-- Current ~ :350,000 Isabella Storage ~ -(2584.27 Ft.) 5000-- :300,000 4500--- ~ -(2578.53 Ft.) :2 o,ooo 4000~ - (2572.24 Ft.) 3500-: :200,000 3000--- -(2565.18 R) 2500: ~ ,- :150,000 - (2556.94 Ft.) 2000-- Regulated flow 1500_-: ~/ Natural Flow : 1(20s40;.?30r?) Oct-97 Nov-97 Dec-97 Jan-98 Feb-98 Mar-98 Apr-98 May-98 Jun-98 Jul-98 Aug-98 Sep,98 P~oPo$~D BtYEp,4.~ DRAFT 1/15/98 AGREEMENT NO. KERN RIVER PARKWAY WATER SUPPLY MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into on 1998, by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, referred to herein as "CITY," and KERN COUNTY WATER AGENCY, acting for and on behalf of IMPROVEMENT DISTRICT NO. 4, a special act public entity, referred to herein as "ID4." RECITALS A. CITY is owner of a substantial portion of Kern River water rights, canals and properties associated with operation of Kern River and is responsible for the transportation and delivery of Kern River water to points downstream in accordance to the Miller-Haggin Agreement dated July 28, 1888; and B. 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 Channel that enhances the quality of life for all citizens; and C. CITY utilizes the Kern River Channel throughout the Kern River Parkway to meet its obligation under the Miller-Haggin Agreement and is desirous of maintaining, at a minimum, historical quantities of recharge resulting from CITY utilization of the Kern River Channel; and D. CITY wishes to modify its use of Carrier Canal to the benefit of the Kern River Parkway through coordination with ID4 such that historical quantities of recharge of Kern River water are maintained; and E. ID4 has an annual entitlement of 82,946 acre-feet of water on the State Water Project CSWP" herein) and conducts an extensive groundwater recharge program and has historically utilized the Kern River Channel throughout the Kern River Parkway as a primary feature of its recharge program to replenish the aquifer that underlies the district; and F. ID4 and CITY have heretofore entered into a Water Exchange Agreement, commonly referred to as Truxtun Lake Agreement ("Truxtun Lake Agreement" herein), dated July 1, 1988, attached hereto and incorporated herein by reference; and G. ID4 has previously entered into cooperative Exchange Agreements with Kern- Tulare Water District and Rag Gulch Water District, dated August 8, 1988, attached hereto and incorporated herein by reference, pursuant to which ID4 takes delivery of Basic Contract water ("Basic Supply" herein) provided by CITY in conformance with the provisions contained therein; and H. CITY and the Kern County Water Agency have heretofore executed a Joint Resolution dated November 1996, for the Establishment of a Water Recreation and Recharge Program for the Kern River Parkway that directed their respective staffs to proceed with the development of a water management program designed to maximize and increase flows in the Kern River Parkway during the recreation season. This was to be accomplished through the coordination of water resources and facilities available to both parties; and I. ID4 and CITY have determined that a water management program that would facilitate the commitment of a portion of the water supply available to ID4 for peak recreation periods on the Kern River Parkway without significantly increasing the operating costs of district would be an appropriate mechanism to achieve the goals of the Joint Resolution; and J. ID4 has as a long-term objective for its water supply management program the development of a supply for the district that is independent of the SWP. It is anticipated that this will be accomplished through water management opportunities with water districts utilizing Kern River and Friant-Kern supplies and CITY agrees to cooperate with ID4 in development of such long-term exchange programs. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and ID4 agree as follows: 1. TERM. The initial term of this Agreement shall be for a period of five (5) years from the date of execution, unless terminated by mutual agreement or as otherwise provided herein. 2. RENEWAL. At the end of the five-year initial term period, this Agreement will automatically renew annually unless either party notifies the other of its election to terminate the Agreement within 30 days of renewal date. 3. KERN RIVER PARKWAY. a. Recharge Area. For purposes of this Agreement, the Kern River Parkway ("Parkway" herein) recharge area shall include the Kern River Channel from Rocky Point Weir (approximately 2.0 miles east of Manor Street) extending downstream to the western boundary of ID4 (approximately 1.0 miles west of Stockdale Highway Bridge), the Truxtun Lakes recharge area and the Carrier Canal. b. Recharge Capacity. For purposes of this Agreement, the Parkway 2 recharge capacity shall mean the maximum combined recharge capacity of the Kern River Channel between Rocky Point Weir and the western boundary of ID4, Truxtun Lakes and Carrier Canal. Based upon the historical period of 1979 through 1995, following are common daily recharge rates to be used by CITY and ID4 and in the development and coordination of Parkway recreational flow schedules (figures represent continuous flow operation): (1) Rocky Point Weir to Calloway River Weir; 15 cubic feet per second. (2) Calloway River Weir to River Canal Weir; 75 cubic feet per second. (3) River Canal Weir to Bellevue Weir area; 40 cubic feet per second. (4) Bellevue Weir area to western boundary of ID4; 15 cubic feet per second. (5) Truxtun Lakes recharge area; 10 cubic feet per second. (6) Carrier Canal; 15 cubic feet per second. c. Diversion Points. Major river weirs located within the Parkway recharge area include Rocky Point Weir, Calloway River Weir, River Canal Weir and Bellevue Weir area. Water deliveries into the Parkway can currently be accomplished by use of Rocky Point Weir on Kern River, Calloway culvert from Carrier Canal, Truxtun Lakes overflow, Pioneer extension (Pioneer Turnout), Cross Valley Canal River Turnouts #2, #3 and #4 and the Friant-Kern Canal. Points of diversion from the Kern River Channel within the Parkway are Calloway Canal, Calloway culvert to Carrier Canal, Kern River Canal, Rosedale Channel, Pioneer Canal and Berrenda Mesa Turnout. 4. RECREATION SEASON. For purposes of this Agreement, recreation season shall be defined as the period commencing May pt and extending through September 30t~ of each year. Peak recreational periods shall include Memorial Day, Independence Day and Labor Day. 5. WATER SUPPLY. a. ID4. In years when the allocation of entitlement on the SWP is fifty percent (50%) or greater, ID4 will provide the following water supply for the Parkway, which is more fully delineated on Exhibit "A," attached hereto and incorporated herein by reference: (1) A maximum of 8,000 acre-feet for recharge during periods of peak recreation on the Kern River, including Memorial Day, Independence Day, and Labor Day. The delivery schedule for these flows will be as mutually agreed upon by ID4 and CITY. (2) A minimum of fifty percent (50%) of the remaining ID4 supply for the year, excluding current delivery obligations mandated by previous agreement, which delivery obligations are more fully delineated on Exhibit "B", attached hereto and incorporated herein by reference. b. CITY. In years when Kern River April through July snowmelt runoff equals or exceeds seventy-five (75%) of the long-term average, CITY will reserve and dedicate a water supply for the Parkway, which is more fully delineated on Exhibit "C," attached hereto and incorporated herein by reference: (1) A minimum of 5,000 acre-feet for recharge in the Kern River Channel during the period of June 1st extending through August 31st. (2) A minimum of 6,000 acre-feet of recharge associated with CITY's operation of Carrier Canal. In addition to the foregoing, CITY shall commit and make available to the Parkway water management program the following waters whenever and to the extent such supplies are available to CITY: (1) A minimum of fifty (50%) of CITY water supply that CITY would, absent this Agreement, use for groundwater banking purposes, up to the maximum Parkway recharge capacity, whichever is the lesser, as calculated on a daily basis. (2) All waters accrued to CITY under Truxtun Lake Agreement c. Banking Operations. CITY will administer water banking, operations within the Parkway originating under the Pioneer Project Joint Operating Agreement dated December 31, 1996. d. Friant-Kern Floodwater. The priority for Friant-Kern floodwater entering the Kern River Channel below the terminus of the Friant-Kern Canal shall be in accordance with the Pioneer Project Joint Operating Agreement and the parties hereto further agree to dedicate Such recharge of Friant-Kern floodwater occurring within the Parkway between the point of Friant-Kern canal discharge to the Kern River Channel and the western boundary of the Parkway to the overall benefit of the current and future water users within ID4 and CITY. 6. WATER PLANNING. On or about March 1st of each year throughout the term of this Agreement, CITY and ID4 will exchange preliminary delivery schedules using best forecasts of their available water supply. CITY and ID4 will coordinate said water delivery schedules to reflect the terms of this Agreement. A final delivery schedule for Parkway recharge operations will be submitted by May 1s~ of each year for approval by the Kern County Water Agency Board of Directors and CITY Water Board. 7. PARKWAY OPERATIONS. a. Rocky Point Weir to Calloway River Weir. For purposes of this Agreement, whenever the sum of the flow diverted at the head of the Carrier Canal and the flow passing downstream of Rocky Point Weir equals or exceeds 750 cubic feet per second (normally between May and August), CITY will assume recharge losses occurring in the reach of Kern River Channel extending to the Calloway River Weir under its Miller-Haggin obligation, notwithstanding that ID4 Calloway Canal operations or other Kern River or canal uses below the Calloway River Weir may be subject to a proportionate share of such recharge losses as determined by CITY. It is the intent of the parties hereto to establish and maintain a continuous year-round stream channel on Kern River from Rocky Point Weir to the Calloway River Weir to the extent that water supplies are available for such uses. b. Calloway River Weir to River Canal Weir. For purposes of this Agreement, whenever the sum of the flow of Carrier Canal below the Farmers-Stine- Anderson Weir and the flow passing downstream of the Calloway River Weir equals or exceeds 750 cubic feet per second (normally between mid-June and mid-August), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the River Canal Weir under its Miller-Haggin obligation, notwithstanding that ID4 Kern River or canal uses below the River Canal Weir may be subject to a proportionate share of such recharge losses as determined by CITY. c. River Canal Weir to Bellevue Weir. For purposes of this Agreement, whenever the sum of the flow of the Kern River Canal at Stockdale Highway and the flow passing downstream of the River Canal Weir equals or exceeds 900 cubic feet per second after adjustments for FriantoKern inflow to Kern River Channel (when applicable), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the Bellevue Weir area under its Miller-Haggin obligation, notwithstanding that ID4 Kern River or canal uses below the Bellevue Weir area may be subject to a proportionate share of such recharge losses as determined by CITY. In the event that CITY water commingles with ID4 water as a result of CITY water deliveries occurring between River Canal Weir and Bellevue Weir, CITY will assume a minimum of five (5) cubic feet per second of recharge losses for each such day that CITY deliveries are made. 5 d. Bellevue Weir to ID4 western boundary. For purposes of this Agreement, whenever Second Point Group demand for Kern River water equals or exceeds 750 cubic feet per second (above normal years), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the ID4 western boundary (approximately one mile below the Stockdale Highway bridge crossing) under its Miller- Haggin obligation. e. Truxtun Lake. CITY and ID4 shall jointly coordinate and schedule deliveries of their respective available Parkway supplies to ensure the daily year-round operation of the Truxtun Lakes recharge area. In general, the priorities for water deliveries to the Truxtun Lakes recharge area would be as follows: (1) CITY Kern River water that would otherwise be used for basin overdraft correction. (2) Basic Supply not required to fulfill ID4 Treatment Plant demand and associated diversion losses. (3) ID4 Kern River water acquired through exchange for the purpose of groundwater replenishment operations of district. (4) ID4 Friant-Kern water acquired through exchange for the purpose of groundwater replenishment operations of district. (5) ID4 SWP water to be used for the purpose of groundwater replenishment operations of district. (6) ID4 SWP water owed to CITY under Truxtun Lake Agreement~ 8. ID4 WATER USE PRIORITY. It is recognized by the parties hereto, that nothing in this Kern River Parkway Water Supply Management Agreement shall diminish or impede the ability of ID4 to complete its contractual obligation to provide drinking water to the purveyors receiving water from the Henry C. Garnett Treatment Plant. 9. PRIORITY FOR COMMUNITY VISIBILITY. Whenever Parkway water supplies are limited (less than 50% allocation of ID4 entitlement on the SWP), the priority for points of delivery within the Parkway are as follows: (1) Truxtun Lakes recharge area. (2) Kern River Channel between Rocky Point Weir and Calloway River Weir. (3) Kern River Channel between Calloway River Weir and River 6 Canal Weir. (4) Kern River Channel between River Canal Weir and Bellevue Weir area. (5) Kern River Channel between Bellevue Weir area and ID4 western boundary. 10. TRUXTUN LAKE EXCHANGE DELIVERIES. CITY and ID4 agree that this Agreement neither replaces nor amends Truxtun Lake Agreement but merely supplements the same. Furthermore, in order to clarify the terms and conditions under which delivery of ID4 water owed CITY is to occur, the parties agree to the following: a. In years when ID4 is allocated less than fifty percent (50%) of its SWP entitlement, CITY shall have first call on up to fifty percent (50%) on any ID4 water not required for Treatment Plant use for operation of the Truxtun Lakes recharge area. b. In years when ID4 is allocated fifty percent (50%) or greater of its SWP entitlement, CITY may take delivery of ID4 water owed CITY under mutually scheduled times and rates in the event that water supplies developed under terms of this Agreement are not adequate to maintain continuous operation of the Truxtun Lakes recharge area. c. Any such deliveries under the above provisions shall be separate from ID4 Parkway water supplies set forth in Paragraph 5. of this Agreement and shall be deducted from any balance of water owed to CITY by ID4 and arising from operation of Truxtun Lake Agreement. 11. WATER QUALITY. In order to preserve the historical high quality groundwater supplies underlying the Kern River Channel, CITY and ID4 agree that, whenever possible, recharge within the Parkway will consist of Kern River water and other high quality waters in order to enhance and maintain the highest water quality underlying the Kern River Channel. 12. CITY COVENANT TO ID4. In consideration of ID4's commitment of a portion of its water supply to the Parkway water management program, CITY hereby covenants and agrees to provide to ID4 use of certain CITY water supply, storage and conveyance facilities as follows: a. Isabella Reservoir Storage. Throughout the term of this Agreement, ID4 will be permitted to store its Basic Supply or other Kern River water acquired by exchange with Kern River Interests for the purpose of regulation of ID4's water supplies in CITY Isabella Reservoir storage space whenever and to the extent that CITY determines that storage space is available for use by ID4 subject to the following provisions: 7 (1) ID4 water stored in CITY storage space under this Agreement shall bear its own evaporation loss as proportioned among the Isabella Reservoir storage entities by the Kern River Watermaster on a daily basis. (2) ID4 water held in CITY storage space shall be the first water released from CITY storage space in the event that CITY should be ordered by the U.S. Army Corps of Engineers to evacuate water stored in CITY storage space due to flood control or any other purpose. (3) The charge to ID4 for use of CITY Isabella Reservoir storage space shall be at the rate of $.025 per acre-foot storage days for each such month that ID4 storage occurs. (Acre-foot storage days are determined by the sum of midnight storage in acre-feet for each day of each month that such storage occurs). Said storage charge will be subject to adjustment on the basis of the January 1998 Price Index "All Commodities" classifications for the Wholesale Price Indexes for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Storage charges payable during a calendar year shall be based on the January Index for that year. (4) ID4 water stored in CITY storage space between December 1st and January 31st (winter carryover period) shall be limited to a maximum amount of 5,000 acre-feet. (5) Power Flow Storage. At the request of ID4, CITY will secure arrangements with Southern California Edison Company to permit ID4 to withhold, store and re-regulate portions of ID4's Basic Supply to which Southern California Edison Company has towage rights (power flow storage) in CITY's Isabella Reservoir storage space. All costs, liabilities and obligations of such arrangement will be the responsibility of ID4. h. Rosedale-Rio Bravo Water Storage District Exchange. Throughout the term of this Agreement, CITY shall grant to ID4 a first priority position for exchanges involving ID4 water supplies for CITY Kern River contract deliveries to the Rosedale-Rio Bravo Water Storage District diversion works from Kern River. It shall be the sole responsibility of ID4 to make the necessary arrangements with Rosedale-Rio Bravo Water Storage District for the exchange of such water supplies. Any monetary benefits realized by ID4 in implementation of an ID4/Rosedale-Rio Bravo Water Storage District exchange would remain with ID4. 8 c. Calloway Canal Agreement. Throughout the term of this Agreement, CITY agrees to waive its percentage share on all charges relating to ID4's use of Calloway Canal pursuant to Calloway Canal Agreement dated April 28, 1982 (a copy of which is attached hereto as Exhibit "D.") d. Carrier Canal. ID4 will be permitted to take delivery of all or portions of its acquired Kern River water through the Carrier Canal during periods when CITY determines that sufficient CITY capacity is available and CITY and ID4 agree to the time, place, duration and cost of such deliveries. For purposes of this Agreement, Carrier Canal shall include 3.3 miles of upper canal reach, extending from the Carrier Canal headgate at Rocky Point Weir downstream to the Farmers-Stine-Anderson Weir and 5.2 miles of lower canal reach extending from the Farmers-Stine-Anderson Weir downstream to the terminus of the Carrier Canal at the location of the Arvin-Edison Turnout Facility. 13. COORDINATION AND RECORD KEEPING. a. The CITY is responsible for the day-to-day operation of the Kern River Channel, Truxtun Lakes recharge area and Carrier Canal. ID4 will designate a contact person to coordinate ID4 activities with the CITY. b. The CITY will provide daily record keeping for all points of diversion to and from the Kern River Channel and CITY-owned canals. The ID4 contact person will provide such assistance and information as is necessary for CITY to meet its obligations hereunder. 14. NO CHANGE TO KERN RIVER RIGHTS. The Kern River Parkway Water Supply Management Agreement shall not change or affect rights to use Kern River water. Should any court of competent jurisdiction determine any use of Kern River water rights is affected by this Agreement, the parties shall meet and negotiate whatever modifications are necessary to re-establish those rights which have been affected or void any part, or all, of this Agreement necessary to re-establish said rights. The parties shall negotiate in good faith to maintain Kern River water fights whenever a modification or voiding of the terms of this Agreement becomes necessary. 15. BANKING COVENANT. Except as otherwise specified in this Agreement, the parties hereby covenant and agree that neither ID4 or CITY shall bank their respective supplies within the Parkway recharge area. 16. JOINT INDEMNITY LIMITATION ON LIABILITIES AND INDEMNIFICATION. a. No party shall be liable to any other party for any loss, damage, liability, claim or cause of action for 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, 9 agents or employees. b. CITY and ID4 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. 17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 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, CALIFORNIA 93311 AGENCY: KERN COUNTY WATER AGENCY IMPROVEMENT DISTRICT NO.4 P.O. Box 58 Bakersfield, CALIFORNIA 93302-0058 19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in Kern County, California. 20. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 21. 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 heirs, administrators, executors, personal representative, successors and assigns. 22. CORPORATE AUTHORITY. Each party executing this Agreement represents and warrants that he/she 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. 10 23. 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. 24. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council, the Kern County Water Agency Board of Directors, and signed by all the parties. 25. NEGATION OF PARTNERSHIP. No party shall become or be deemed a partner or joint venturer with any other party or associate in any such relationship with any other party by reason of the provisions of this Agreement. ID4 shall not for any purpose be considered an agent, officer or employee of CITY, and CITY shall not for any purpose be considered an agent, officer or employee of ID4. 26. ACCOUNTING RECORDS. All parties shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at each party's office during the term of this Agreement. Said records shall be made available to CITY or ID4 representatives upon request at any time during regular business hours. 27. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. "CITY" "ID4" By: By: BOB PRICE Mayor Title: By: Title: APPROVED AS TO CONTENT: APPROVED AS TO FORM: WATER RESOURCES DEPARTMENT By: By: GENE BOGART Attorney for ID4 Water Resources Manager APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By: ALAN D. DANIEL Assistant City Attorney COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director Sal: 1/15/98 12 ' Anmdo ~qax Fact Sheet http://ceres.ca.gov/ceres/SEC/Anmdo_facts.hUr donax Fact Sheet Greg getting a satellite fix on the Enemy Scientific name: Arundo donax Common names: Giant Reed, Wild Cane DesCription- Anmdo donax is a bamboo-like grass that prefers stream banks and other wet areas. It attains heights of 25 feet and once established tends to form large, continuous root masses. A single clump typically has htmdreds of stems that grow very close together and very rapidly-- several inches per day in the Spring and Summer. The plant reproduces vegetatively by spreading outward and from clumps broken off from an adult plant, which can happen in flood events. Both the stems and the underground parts called rhizomes have the ability to propagate. Arundo was imported from the Mediterranean by the early Spanish settlers. It was once useful to people for building materials and as a rapidly growing barrier. As many alien plants do, Anmdo has escaped cultivation and reproduced itself until it is now out of control. Why Arundo is undesirable- Because of the many detrimental effects of the spread of Anmdo, it is agreed by biologists and land management professionals to be one of the primary threats to the health of the streams and waterways of the Western United States. Because the plant did not evolve in California, the newcomer Arundo has no effective competitors in our California stream beds. The dense, high growing plant quickly chokes and kills everything in its path. The result is a sea of"Cane"- a single species, where there were once hundreds. Wildlife that depended on the alders, cottonwoods, bays, willows, annuals, and open space lose their habitats and food sources. In addition to these adverse effects, Anmdo consumes three times more water than native plants, is a fire hazard, and creates serious flood control problems. I of 2 1/16/98 7:55 AM http://ceres.ca.gov/ceres/SEC/album/Oct94.htm Sonoma Ecology Center Creek Resoration Project Photo Album October 1995, first attempts at Arundo biomass reduction Left: cutting down clump ~B' for the first time. Right: Clump 'B' in foreground, clump 'A' still looms in the background. Vegetation at right is red willow. 1 of 2 1/16/98 7:58 AM hap://ceres.ca.gov/ceres/SEC/album/¢lump.hm: ~Sonoma Ecolo.gy Center i~~ Creek Resoratlon Project Photo Album Views of the same area over time of eradication activitites Above: October 1995 cutting.' The creek is obscured from Arundo in the shot at left. Above: Same area. At left, first grow-back- about five feet in two months. At right, second grow-back, about the same rate. I 'Photo Album ~ndexJ SEC EI. ome.I I ofl 1/16/98 9:21 AM CITY OF BAKERSFIELD WATER BOARD PROPOSED MEETING SCHEDULE FOR CALENDAR 1998 The Water Board regular meetings are set for Wednesdays at 4:30pm, held at the Water Resources Building Conference Room, located at "One Thousand" Buena Vista Road, Bakersfield, CA, 93311. Below is listed the tentative regular scheduled meeting dates for 1998 to consider and at the January 21 st, 1998 meeting. January 21, 1998 March 18, 1998 May 13,1998 July 22, 1998 September 16, 1998 Tuesday, November 17, 1998 (Special Meeting due to holidays) If emergency business or action is required there will be Special Meetings called as needed. Notice of Cancellation of any scheduled meetings will be issued. S:WBSCHD98 SCHEDULED MEETINGS JANUARY 1998 THROUGH DECEMBER 1998 BAKERSFIELD CITY COUNCIL REGULAR MEETING (7:00 PM) BUDGET HEARINGS & DEPARTMENT PRESENTATION WORKSHOP-CLOSED SESSION (5:15 PM) O HEARINGS, 5/20/98, 6/10/98 @ 7:00 pm MONDAY'S BEGIN AT NOON HOLIDAYS - City Hall Closed WEDNESDAYS AT 5:15 PM A PROPOSED WATER BOARD MEETING DATES · JANUARY FEBRUARY MARCH S M T W TH F S S M T W TH F S S M T W TH F S ~ 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 12 13 14 8 9 10 12 13 14 18~;J~ 20~ 22 23 24 22 23 24 26 27 28 22 23 24 26 27 28 25 26 27l 281 29 30 31 29 30 31 APRIL MAY JUNE S M T W TH F S S M T W TH F S S M T W TH F S 1 2 3 4 1 2 (~1~ 2 3 4 5 6 12 13 14 15 16 17 18 10 11 14 15 16 14 15 16 17 18 19 20 19 20 21 1221 23 24 25 17 21 22 23 21 22 23 25 26 27 26 27 28 29 30 24 26 27 28 29 30 28 29 30 31 JULY AUGUST SEPTEMBER S M .T W TH F S S M T W TH F S S M T W TH F S 1 2~ 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 '~-~ 8 10 11 12 12 13 14L~ 16 17 18 9 10 111 121 13 14 15 13 14 17 18 19 19 20 21~ 23 24 25 16 17 18 19 26 21 22 ~ 21 24 25 26 26 27 28 29 ~ 31 23 24 25~2~ 27 28 29 27 28 29 ~ ~ 31 OCTOBER NOVEMBER DECEMBER 4 5 6~'~ 8 9 10 8 9 1~ 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 /17~ 181 19 20 21 13 14 15~ 1~ 18. 19 18 19 20~ ~ 23 24 ~ 23 24 25' ~='%~ 28 20 21 ~ 237~4~ 26 ADOPTED BY RESOLUTION NO. 183-97 ON NOVEMBER 19,1997 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 N-°. 96-172919.