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HomeMy WebLinkAbout06/21/99 WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Irma Carson CITY OF BA~RSFIELD SPECIAL WATER BOA~ MEETING MONDAY, J~E 21, 1999 - 4:30pm Water Resources Building Conference Room I000 Buena Vista Road, Bakersfield, CA AGENDA 1). CALL MEETING TO ORDER 2). ROLL CALL 3). APPROVAL OF APRIL 21, 1999 MEETING MINUTES 4). PUBLIC STATEMENTS 5). KERN RIVER OPERATIONS REPORT 6). OLD BUSINESS A. KERN RIVER PARKWAY WATER SUPPLY MANAGEMENT AGREEMENT - Status report 7). NEW BUSINESS A. CONSOLIDATION OF KERN RIVER LEVEE DISTRICT - For Board Review and Recommendation to City Council B. OPERATIONS AND MAINTENANCE PLAN for SOUTH LEVEE UPGRADE of THE KERN RIVER - Resolution for Board Review and Recommendation to City Council C. SALE OF CALIFORNIA STATE WATER ENTITLEMENT 1.) FROM BELRIDGE WSD TO PALMDALE WD; 2.) LOST HILLS WD TO ALAMEDA COUNTY FC&CD - RIGHT OF FIRST REFUSAL - For Board Action to Authorize Water Resources Manager to Sign 8). WATER BOARDMEMBER COMMENTS 9). CLOSED SESSION A. CONFERENCE WlTH 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. B. INITIATION OF LITIGATION PURSUANT TO SUBDIVISION (C) OF SECTION 54956.9 OF THE GOVERNMENT CODE. 10). CLOSED SESSION ACTION I I). TOUR OF NEW KERN RIVER LEVEE and SPREADING AREA (30 minutes) 12). ADJOURNMENT Gene Bogal W~ter ~esoXtarces Manager POSTED: June 16, 1999 S:WBAGJN21 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Held Wednesday, April 2 I, 1999, Water Resources Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311. 1. The meeting was called to order by Boardchair Salvaggio at 4:31 pm. 2. Present: Mark Salvaggio, Chair David Couch, Vice Chair Irma Carson (arrived at 5:45pm, attended the tour only) 3. Boardmember Couch made a motion to approve the minutes of the Regular Water Board meeting held February 17, 1999. Motion carded. 4. No public statements. 5. Tour of Kern River Parkway was tabled until all Boardmembers could be present. 6. An update on the current Kern River operations was given by Mr. Lafond. The late winter storms during the month of April, has increased the snow pack in the Southern Sierra region, but the Kern River forecast is at 65% of normal. With a lean run off in the forecast, the peak storage level at Lake Isabella has been estimated at 335,000 to 340,000 acre feet. The Lake Isabella Reservoir storage capacity has been set temporally at 347,580 acre feet due to an injunction regarding the Flycatcher. The state water supplies are 100% of normal allocations. For Board information, no action required. 7. No old business. 8A. Agricultural Water Division 1999 water Price schedule was addressed by Mr. Bogart. The 1999 water year rates will remain unchanged at $22.00 per acre foot rate for miscellaneous water sales. This price falls in line with the last two years, to encourage use of surface water. For Board information, no action required. 8B. Domestic Water Division water rate schedule was addressed by Mr. Hauptman. The proposed rate adjustment will be the first since October 1996. We are proposing to have a $0.56 increase per month on the average domestic water bill, effective October 1999, which is a 2.7% increase. This is due to higher costs of labor, operations, and maintenance. This rate increase would only relate to the City's domestic water service area noted on the map. California Water Service Co., East Niles Community Services Dist., and some areas in the City that are serviced by Vaughn Mutual Water are not part of the regulatory decision that the City makes. We are covering about 35% of the City of Bakersfield. Mr. Couch questioned the criteria for ag and domestic water rate increases. Mr. Core summarizes, that the agricultural water prices is supply, demand, and market. The domestic rates are based on actual cost of operations. Mr. Salvaggio moves for recommendation to the City Council. Motion carded. 8C. The Detachment and Water Sale Agreement between the City, Califomia Water Service Co. And Olcese Water District was presented to the board by Mr. Bogart. This agreement would require that lands in the City, that will receive water service from California Water Service Co. are to be detached from Olcese Water District, This is to insure that city residents are protected from future liabilities that Olcese may incur and eliminate future assessments or maintenance districts that may be levied by Olcese Water District. These detached areas will have water service by California Water Service Co., with water supplied from the City Kern River entitlement. Mr. Couch motions to support. Motion carded. 9. Water Boardmember comments, none at this time. 10. Closed session. Adjourned to Closed Session at 5:00pm. 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 5:30 pm. 11. Board gave direction to staff. The Boardmembers and staff left at 5:32pm to tour the Kern River Parkway. 12. The meeting adjourned at 7:09pm. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board S:\WBM 1NUTES ! 999\WBMin4-21 KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX May 1, 1999 40.0 35.0 .................... 1994-1995 199% A-J 30.0 ..... , .... [ 1997-1998 ! [ 239% A-J 1995-1996 126% A-J ' 25.0 ........................ ~ ............... , 100% of April 1 Average , 20.0 ..................................... ~- ........... Average 15.0 1998-1999 __[ 1993-1994 41% A-J 0.0 I November December January February Mamh Apdl Snowpack Accumulation Season CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (WEDNESDAY) as of 0001, except as noted.., cfs in italics) Date of Report: June 16, 1999 ISABELLA RESERVOIR 1 2582.30 Lake Elevation (ft.) 332413 Storage (AcFt) -353 Change (AcFt) 1435 Inflowto Isabella (cfs) 2 347580 Temporary Storage 96% % of Temporary 306372 Normal Storage 108% % of Normal Storage Capacity Capacity For this Date 3 8821 Average Lake Area (Acres) 36629 Inflow(Month) 28756 Outflow(Month) 4 1355 North Fork Mean 1186 North Fork @ 0600 Hours 384374 Accumulative Inflow (98-99 WY) 5 1493 Mean Outflow 580 Borel Canal 913 Main Dam Outlet 395441 Accum. Outflow(WY) 6 1539 Outflow@ 0600 575 Borel Canal @ 0600 Hours 964 Main Dam Outlet @ 0600 Hours Hours 7 120 Lake Evap. (cfs) 0.45 Inches Evap. for24 Hours 2955 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 9.32 Seasonal Precip. Isabella 9.63 Normal for 97% isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 11 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.30 Inches of Precipitation at Pascoe for Month 12 27.60 Seasonal Precip. Pascoe 34.40 Normal for 80% Pascoe Precip. this Date % of Normal 13 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 14 93 Isabella Maximum Temperature 15 61 Isabella Minimum Temperature 87 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 1449 Natural Flow (cfs) 37078 Natural Flow (Month to Date) 188120 1999 Apr-Jul Runoff (To Date- AcFt) 17 2475 Mean Flow 59% Natural Flow 2097 Median Flow 69% Natural Flow For this Date in % of Mean For this Date in % of Median 18 10258 Max. on Record 180 Min. on Record 404254 Accum. Natural Flow (Water Year) For this Date For this Date 19 1537 First Point Flow 29205 First Point (Month to Date) 414168 Accum. First Point (Water Year) - KERN RIVER FACTS & FIGURES: B A K E R $ F I E ~D On this date in 1924, the mean natural flow of Kern River at First Point was 179.82 cubic feet per second, the lowest amount of discharge for any June 16th on record. The minimum instantaneous river flow for Produced by City of Bakersfield June 1924 was 144.94 cfs. Total Kern River natural flow for June of 1924 was 14,069 acre-feet, the lowest Water Resources volume of June runoff ever measured and only 10% of the long-term average flow for June of 142, 080 acre-feet. (661) 326-3715 KERN RIVER PARKWAY WATER SUPPLY MANAGEMENT AGREEMENT - Status Report BERNARD C. BARMANN, SR. OFFICE OF THE DEPUTIES COUNTY COUNSEL COUNTY COUNSEL TO~ CLOW JOHN R, IRBY STEPHEN D. SCHUETT COUNTY OF KERN PATRICIA J. RANDOLPH ASSISTANT COUNTY COUNSEL ARTHUR H. CURRAN Ill Administrative Center KIRK B. PERKINS MARTIN R. LEE CHIEF DEPUTIES 1115 Truxtun Avenue, Fourth Floor MARGO RAISON -.,.~,~.~,~r~'"r~fi"~'~, California 93301 STEVEN L. SANDERS CHARLES F. COLLINS HOLLY N. GALLAGHER Voice: (661) 868-3800 JAMES H. THEBEAU BRUCE DIVELBISS JOHN U. GALLAGHER Fax: (661) 868-3809 susAN M. GILL MARK L. NATIONS TTY Relay: 1-800-735-2929 KELLEY D. SCOTT LYNDA TAYLOR ROBERT D. WOODS PAUL E. BLACKHURST DANIEL R. MAHER JENNIFER L. THURSTON May 4, 1999 Gene Bogart Water Resources Manager City of Bakersfield 1000 Buena Vista Road Bakersfield, CA 93311 Re: Proposed Consolidation of the Kern River Levee District Dear Mr. Bogart: At its regular meeting of April 26, 1999, the Board of Trustees of the Kern River Levee District voted to approve in concept the consolidation of the District with the City of Bakersfield. While this concept was proposed by the City in 1994 and ultimately rejected by the Board of Trustees, the Board believes consolidation at this time would be in the best interests of the public and the two agencies. If the City is still interested in pursuing the consolidation, we are prepared to work with you in preparing the necessary resolutions and obtaining formal Board approval of this matter. If the City is no longer interested in consolidation, the Board will be considering dissolution of the District. Please let me know if you need anything further. Very truly yours, Bernard C. Barmann, Sr. County Counsel Stephen D. Schuett Assistant County Counsel [~ I'~ © I'~ ~] ~ ~ ~) SDS:gm #353~ MAY 0 6 1999 2000.22 CITY OF BAKERSFIELD cc: Wanda Anagnostopoulos, District Manager WATER RESOURCES CALIFORNIA WATER RESOURCES DEPARTMENT ;c.. ~(~ . _ .~? GENE BOGART, Manager FLORN CORE. Water Resources Director PATRICK E. HAUPTMAN. Superintendent 326-3006 STEVE LAFOND, Forecasting and Records 326-3007 MAURICE RANDALL, Business Manager 326-3704 KERN RIVER DISPATCHER 326-3716 May 10, 1999 Mr. Stephen D. Schuett Assistant County Counsel, Special Districts County of Kern 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Re: PROPOSED CONSOLIDATION OF KERN RIVER LEVEE DISTRICT We are in receipt of your May 5, 1999 letter as Special District Counsel for the Kern River Levee District. We agree the consolidation of the District's responsibilities into the City's operation of the Kern River would be cost effective and reduce another layer of government in the administration of the Kern River Levee system in metropolitan Bakersfield. As a result of your letter, we have scheduled this matter before the next meeting of the City of Bakersfield Water Board on June 23, 1999 at 4:30 p.m. With a favorable recommendation from the Water Board, we will proceed with your staff in the preparation of the necessary documentation to complete the consolidation. If you have any questions regarding the physical transfer or disposition of files, documents, etc., please feel free to contact myself or our Director, Florn Core at 326-3715 to discuss these items. Again, thank you for your participation in this matter. GEN~ BOGA~RT Water ResourCes Manager GB:sr cc: Alan Tandy, City Manager Bart Thiltgen, City Attorney Raul Rojas, Public Works Director Wanda Anagnostopoulos, District Manager, Kern Levee District 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (805) 326-3715 RESOLUTION N° A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING A MAINTENANCE AND OPERATION PLAN FOR THE KERN RIVER SOUTH LEVEE. WHEREAS, in exchange for riparian Kern River property, the City of Bakersfield agreed to construct, operate, and maintain an earthen levee on the south bank of the Kern River from the Kern River/Stockdale Highway bridge to a point approximately one mile southwesterly; and WHEREAS, the Federal Emergency Management Agency (FEMA) requires an adopted maintenance and operation plan for the Kern River South Levee from the community Chief Executive Officer (Mayor); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Pursuant to Section 12 of the City Charter, the "South Levee Upgrade for the Kern River Operations and Maintenance Plan" is hereby established and attached hereto and marked "Exhibit .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, DEMOND, MACGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN:COUNCILMEMBER ABSENT:COUNCILMEMBER CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield APPROVED By. BOB PRICE Mayor APPROVED AS TO FORM: BART J. THILTGEN City Attorney By. ALAN D. DANIEL Assistant City Attorney CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT OPERATIONS AND MAINTENANCE PLAN for the KERN RIVER SOUTH LEVEE WEST OF BUENA VISTA ROAD PURPOSE: In exchange for certain riparian properties on the Kern River, the City of Bakersfield entered into an agreement with Tom Carosella Properties and Coleman Homes, Inc. which required the City of Bakersfield to construct an earthen levee on the south bank of the Kern River from the vicinity of the Stockdale Highway/Kern River bridge to a point approximately one mile southwesterly. This levee will permit Coleman Homes, Inc. to build residential and commercial development on the vacant lands to the south. The Federal Emergency Management Agency (FEMA) requires the responsible agency, the City of Bakersfield, to have an officially adopted maintenance and operation plan for the levee. A) OPERATION PLAN: This project is located on a reach of the Kern River extending 5000 feet west of the Stockdale Highway Bridge. The City now has jurisdiction and maintenance obligations over the first westerly 1800 feet measured downstream from the Stockdale Highway Bridge. During most years, the Kern River is dry in this area, since the water is diverted for irrigation. The City has an existing agreement with the State of California Department of Water Resources to maintain the elevation of the bed of the River from the 1800-foot point downstream of the Stockdale Highway Bridge upstream to the Manor Street Bridge. This agreement will be extended to cover the additional channel invert maintenance to a point 5000 feet below the Stockdale Highway Bridge. In addition to the City complement of labor and heavy equipment, a standby heavy equipment contractor is retained on an annual contract with a 24-hour notice clause to assist in this work. The contract with the Contractor will be extended to cover the additional 3200 feet and will be utilized to make any major levee repairs. CLOSURE DEVICES: No closure devices exist or are proposed in the project area. FUTURE INTERNAL DRAINAGE SYSTEMS: The future internal drainage systems will be established in accordance with the regulation of the City of Bakersfield. These gravity facilities, maintained by the City of Bakersfield, will be designed with streets and drainage lines carrying storm waters to excavated sumps to receive the storm waters. The sumps are designed for receiving storms of 100-year frequency. AUTOMATIC FLOOD WARNING SYSTEMS: No automatic flood warning system exists or is proposed. B) JURISDICTION AND RESPONSIBLE PERSONNEL: The maintenance and repair of this levee facility is the responsibility of the City of Bakersfield, Kern County, State of California. The personnel responsible who have the authority to order emergency work are as follows: Patrick E. Hauptman, Water Superintendent, City of Bakersfield (66'1) 326o37'15 Florn Core, Water Resources Department Director, City of Bakersfield (66'1) 326-37'15 Gene Bogart, Water Resources Manager, City of Bakersfield (66'1) 326-37'15 C) INSPECTIONS: The inspector shall keep a written Icg of the inspection activities and reports. The levee shall be routinely patrolled at least annually, after severe storms, when the channel has been carrying water flow in excess of 500 cubic feet per second, grass fires and for seismic events greater than M~,5. During these examinations, erosion, vegetative cover, the 18-inch ductile iron drinking water pipeline cross.!,-,g' shall be carefully examined for signs of distress. The pipeline is located approximatc::¢ 30 feet downstream from the Stockdale Highway Bridge. D) MAINTENANCE: LEVEE REPAIR; Rills, sloughing or erosion of the slopes of the levee shall be immediately repaired and be filled with suitable material and thoroughly compacted to 100% of dry density as defined by ASTM D698 (Modified Proctor). After a seismic event of Mw5 or more, any sand boils or other damage shall be immediately repaired since the site may be subject to soil liquefaction. The standby Contractor shall be prepared to furnish equipment and materials for immediate major repairs should heavy damage occur. For the most severe circumstance, high river conditions, severe seismic event, the Contractor shall have available a Caterpillar 235 excavator, a Caterpillar 966 Loader, a self-propelled vibratory roller and a motor grader available within 24 hours. Particular attention shall be to the 18-inch ductile pipe crossing and any damage shall have immediate attention. VEGETATIVE WORK AND REPAIR: A well-established sod cover over the levee will be maintained to prevent erosion rills and sloughing and to withstand design velocities. The vegetative material on the levee shall be carefully preserved, fertilized and re- seeded or re-sodded as needed. Occasional spraying of brush growth with herbicides may be required to maintain the sod cover. The work shall be performed in accordance with CALTRANS STANDARD SPECIFICATIONS JULY 1992 DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA, Section 20 and the slopes shall be hydro seeded with the following mixture: GRASSES: Hordeum 15%, Leymus 15%,Vulpia 10%, Poa 5%, Necella c 20%, Necella p. 15%, Elymus 15%, Lugumes Trifolium ¼ lbs, Lotus 1/3 lbs/1000 SF, SHRUBS Attriplex 1. Atriplex p. Baccaris, Nicotine, each applied at ½ lbs/1000 SF. HYDROSEED APPLICATION The hydro seed slurry shall contair',.'~he seed as specified above, mulch and water in the following amounts per acre: Long grain wood fiber mulch 800 lbs., seed as specified. GRASSES, 86 lbs., LEGUMES, II lbs., SHRUBS 22 lbs., water 300 gals/min. Fertilizer, if needed shall be 16-20-0 or equal. RIPRAP: Should riprap be found necessary to protect portions of levee from erosion, the following treatment will be utilized: from CALTRANS STANDARD SPECIFICATIONS JULY 1992 DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA, and may consist of non-concreted concrete debris without rebar or facing class rock. A footing trench will be constructed at the toe of the slope and method B Placement utilized in accordance with Section 72.503. RODENT CONTROL: When burrowing rodent damage is observed rodent control measures will be taken. Excavation and repair will be immediately performed. 2 KEK COUNTY © n ¥ WATER AGENCY APR 0 ? 1999 CITY OF BAKERSFIELD WatDiWOenera! Directors: WATER RESOURCES WaU)ie~EI~WS]~ April 6, 1999 Fred L. Starrh SENT CERTIFIED MAIL Division 1 RETURN RECEIPT REQUESTED Terry Rogers Division Z Kern County Water Districts (distribution list attached) Peter Frick Division 3 Subject: Right of First Refusal regarding proposed permanent sale of 4,000 Michael Radon acre-feet of Belfidge Water Storage District State Water Project Vice President entitlement to Palmdale Water District. Division 4 Adrienne J. Mathews Division 5 Belfidge Water Storage District (District), a member unit of the Kern County Water HenryC. Gamett Agency (Agency), has entered into an agreement to permanently sell 4,000 acre-feet of President the District's State Water Project (SWP) entitlement to Palmdale Water District. The Division 6 price of the entitlement is a one-time charge of $1,000 per acre-foot, plus future SWP Gene A. Lundquist costs. A copy of said agr~ment is enclosed. Divisio,~ 7 Pursuant to the Monterey Amendment to the SWP contracts, up to 130,000 acre-feet Thomas N. Clark Of SVq~ entitlement can be made available for sale on a permanent basis by the SWP General Manager Agricultural Contractors provided, however, that local interests be given a 90 day John F. Stovall right of first refusal option to purchase at the price offered. This 4,000 acre-foot sale GeneralCounsel will be considered as part of the 130,000 acre-feet, unless it is purchased by a local interest. Please note that the Agency's approval of this sale will not occur until at%r it is determined whether the buyer will be a local interest or Palmdale Water District. In addition, please note that specific terms and conditions for implementing interim use of Transferred Entitlement, referred to in Sections 4.02 and 4.04, have not yet been approved by the State or the Agency. If your district wishes to exercise this option it must notify the Agency and Belfidge Water Storage District by certified letter on or before 5:00 p.m. Tuesday, July 6, 1999 that it will purchase the Belfidge WSD SWP entitlement under the same terms, conditions and price as agreed to by Paimdale Water District. If your district does not wish to exercise the option, please help us expedite this process by filling out, signing and dating the attached form and return it as soon as possible using the cnclosed envelope. MailingAddress: P.O. Box 58 Bakersfield, CA 93302-0058 Phone: 805/634-1400 Fax: 805/634-1428 If you have questions or require further information, please contact Gary Bucher 805/634-1418 of my staffor me. Sincerely, General Manager Enclosures RIGHT OF FIRST REFUSAL DISTRIBUTION LIST Antelope Valley-East Kern Water Agency A~in Community Services District Arvin-Edison Water Storage District Belridge Water Storage District Berrenda Mesa Water District 13uena Vista Water Storage District 13uttonwillow Community Water District Casa Loma Water Company Cawelo Water District City of 13akersfield - Depa~ent of Water Resources City of California City City of Delano City o£ Shafter City of Wasco Delano-Earlimart Irrigation District Frazier Park Public Utility District Greenfield Community Water District Henry Miller Water District Improvement District No. 4 California Water Service Company East Niles Community Services District North of the River Municipal Water District Oildale Mutual Water Company Indian Wells Valley Water District Kern Delta Water District Kern River Valley Water District Kern-Tulare Water District Larnont Public Utility District Lebec County Water Company Lost Hills Sanitary District Lost Hills Water District McFarland Mutual Water Company North Kern Water Storage District Olcese Water District Plainview Public Utility District Rag GUlch Water District Rancho Verdugo Water Company Rand Community Services Rosedale Rio Bravo Water Storage District Semitropic Water Storage District Shafter-Wasco Irrigation District Southern San Joaquin Mutual Water District Tehachapi Cummings Water District Tejon-Castac Water District Vaughn Water Company West Kern Water Storage District Wheeler Ridge Maricopa Water Storage District LOCAL RIGHT OF FIRST REFUSAL NOTICE OF REJECTION The ., hereby rejects the option to purchase 4,000 acre-feet of (Name of organization) Belridge Water Storage District SWP entitlement at the price and terms provided for in the agreement entitled, "SECOND AGREEMENT FOR PERMANENT TRANSFER OF ENTITLEMENT TO STATE WATER PROJECT WATER AND CAPACITY IN THE CALIFORNIA AQUEDUCT". By: Date: KERN COUNTY WATER AGENCY WatDist/Geaeral Directors: WatDist/LHWD 'May 26, 1999 Fred L. Starrh SENT CERTIFIED MAIL Division 1 RETURN RECEIPT REQUESTED Terry Rogers Division 2 Kern County Water Districts (distribution list attached) Peter Frick Division 3 Subject: Right of First Refusal regarding proposed permanent sale of up to Michael Radon 15,000 acre-feet of Lost Hills Water District State Water Project Vice President entitlement to Alameda County Flood Control and Conservation Division 4 District, Zone 7. Adrienne J. Mathews Division 5 HenryC. Garnett Lost Hills Water District (Distfic0, a member unit of the Kern County Water Agency President (Agency), has entered into an agreement to permanently sell up to 15,000 acre-feet of Division 6 the District's State Water Project (SWP) entitlement to Alameda County Flood Gene A. Lundquist Control and Conservation District, Zone 7 (Alameda). The price of the entitlement is Division 7 a one-time charge orS1,000 per acre-foot, plus future SWP costs. Acopy of said agreement is enclosed. Thomas N. Clark General Manager Pursuant to the Monterey Amendment to the SWP contracts, up to 130,000 acre-feet John F. Stovall of SWP entitlement can be made available for sale on a permanent basis by the SWP General Counsel Agricultural Contractors provided, however, that local interests be given a 90 day right of first refusal option to purchase at the price offered. This 15,000 acre-foot sale will be considered as part of the 130,000 acre-feet, unless it is purchased by a local interest. Please note that the Agency's approval of this sale will not occur until after it is determined whether the buyer will be a local interest or Alameda. In addition, please note that specific terms and conditions for implementing interim use of Transferred Entitlement, referred to in Sections 4.02 and 4.04, have not yet been approved by the State or the Agency. If your district wishes to exercise this option it must notify the Agency and Lost Hills Water District by certified letter on or before 5:00 p.m. Wednesday, August 26, 1999 that it will purchase the Lost Hills Water District SWP entitlement under the same terms, conditions and price as agreed to by Alameda. If your district does not wish to exercise the option, please help us expedite this process by filling out, signing and dating the attached form and return it as soon as possible using the enclosed envelope. MailingAddress: P.O. Box 58 Bakersfield, CA 93302-0058 Phone: 805/634-1400 Fax: 805/634-1428 If you have questions or require further information, please contact Gary Bucher 805/634-1418 of my staffor me. Sincerely, General Manager Enclosures LOCAL RIGHT OF FIRST REFUSAL NOTICE OF REJECTION The ., hereby rejects the option to purchase up to 15,000 acm-feet of (Name of organization) of Lost Hills Water District SWP entitlement at the price and terms provided for in the agreement entitled, "AGREEMENT FOR PERMANENT TRANSFER OF ENTITLEMENT TO STATE WATER PROJECT WATER AND CAPACITY IN THE CALIFORNIA AQUEDUCT", dated April 22, 1999. By: Date: ITEM 9).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. ITEM 9).B. INITIATION OF LITIGATION PURSUANT TO SUBDIVISION (C) OF SECTION 54956.9 OF THE GOVERNMENT CODE. TOUR OF NEW KERN RIVER LEVEE AND SPREADING AREA (30 minutes)