HomeMy WebLinkAbout10/14/04City of Bakersfield
Water Board
Meeting of
October 14. 2004
Water Resources
File Packet
A K E R S F I E L D
WATER BOARD
Mark C. Salvaggio, Chair
David Couch, Vice Chair
Harold Hanson
CITY OF BAKERSFIELD
WATER BOARD - SPECIAL MEETING
Thursday, October 14, 2004 - 4:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
1. CALL MEETING TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the June 16, 2004 regular meeting for approval - For Board Review and
Action
4. PUBLIC STATEMENTS
5. KERN RIVER LEVEE DISTRICT
No Report
6. REPORTS
A. Kern River Operations Report
7. OLD BUSINESS
A. Update on Request to Kern County Water Agency for Treated Water to Serve
Northwest Bakersfield - For Board Information
B. Agreement No. 92-250 with California Water Service Company for Operating City
Domestic Water System - For Board Review and Action
WATER BOARD AGENDA PAGE 2
OCTOBER 14, 2004
8. NEW BUSINESS
A. Amendment No. 1 to Agreement No. 01-140 with Califomia Water Service Company
for Extraction, Exchange & Delivery of Banked Groundwater- For Board Review and
Action
B. Sale of Banked Groundwater with Kern Water Bank Authority- For Board Review
and Action
C. Contribution to Kem County Water Agency Groundwater Mediation process - For
Board Review and Action
9. MISCELLANEOUS
A. City Council Referral ID: Ref000924 Concerning Water Quality Update on Califomia
Water Service Company Wells - For Board Information
B. Contribution to City Recreation & Parks Department Aquatic Safety program - For
Board Review and Action
10. WATER BOARD STATEMENTS
11. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to
Government Code Section 54956.9(A) North Kern Water Storage District vs. Kem
Delta Water District, et al, Tulare County Superior Court Case No. 96-172919
12. ADJOURNMENT
Florn Core
Water Resources Manager
POSTED: October 11, 2004
S:\WI~ MINUTES 2004\WBAGENDAOCT 1404.doc
Water Board Meeting October 14, 2004
3. MINUTES
A. Minutes of the June 16, 2004 regular meeting for approval - For Board Review'and
Action
MINUTES OF THE REGULAR MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, June 16, 2004 - 4:30 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
1. CALL MEETING TO ORDER
The meeting was called to order by Vice Chairman Couch at 4:50 p.m.
2. ROLL CALL
Present: Vice Chairman Couch, Member Hanson
Absent: Chairman Salvaggio
3. MINUTES
A. Minutes of the April 21,2004 Regular Meeting for approval.
Motion by Hanson to approve the minutes. Absent Salvaggio. APPROVED
4. PUBLIC STATEMENTS
None.
5. KERN RIVER LEVEE DISTRICT
A. Encroachment Permit for Kern Health Systems located at 9700 Stockdale Highway.
Flom Core, Water Resources Manager, stated Kern Health Systems installed
covered parking within the easement without permission. They have filed for an
encroachment permit to keep the structure. The City will not be responsible for any
damage to the structure. The permit with conditions was approved. No action taken.
6. REPORTS
A. Kern River Operations Report
Steve Lafond, Hydrographic Supervisor gave a brief update.
7. OLD BUSINESS
A. Update on request to Kern County Water Agency for treated Water to serve
Northwest Bakersfield.
Florn Core, Water Resources Manager, gave a brief update, stated once financing is
complete construction will commence at the beginning of We year. No action taken.
Bakersfield, California, June 16, 2004 - Page 2
7. OLD BUSINESS
B. Domestic Water Service Mainline Extension Agreement Refund Re-Assignments.
Motion by Couch to approve. Absent Salvaggio. APPROVED
8. NEW BUSINESS
A. Participation in Electrical Demand Reduction Program for "2800 Acres" Wells.
Motion by Hanson to approve. Absent Salvagio. APPROVED
9. MISCELLANEOUS '
A. Change of Scheduled Water Board Meeting of August 18, 2004.
Motion by Couch to cancel the Water Board Meeting of August 18, 2004 and
schedule a special meeting on August 25, 2004. Absent Salvaggio.
APPROVED
10. WATER BOARD STATEMENTS
None.
Motion by Couch to recess to Closed Session at 5:25 p.m.
11. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to
Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern
Delta Water District, et al, Tulare County Superior Court Case No. 96-172919.
Motion by Couch to adjourn from Closed Session at 6:10 p.m.
Vice Chairman Couch announced no action was taken in Closed Session.
12. ADJOURNMENT
Motion by Couch to adjourn the meeting at 6:12 p.m.
David Couch -Vice Chairman
City of Bakersfield Water Board
Bobbie Zaragoza, Secretary
City of Bakersfield Water Board
Water Board Meeting October 14, 2004
5. KERN RIVER LEVEE DISTRICT
No Report
Water Board Meeting October 14, 2004
6. REPORTS
A. Kern River Operations Report
KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE
2003 - 2004 WATER YEAR
3000 600,000
~2608.25 Ft.)
2750 ............................................................................................................................................... 550,000
2603.91 Ft.)
2500 ....................................................................................................... 500,000
2599.38 Ft.)
2250 450,000
Normal 2594,62 Ft.)~:~
2000 ................................... Isabella Storage 400,000
2589.60 Ft.)l~.
- ,~ 2578.53 Ft.)~
Natural Flow __ ~r~~[
~25o .................................. ~ .... ; ~ ~ ........
1000 ................................... ........... ? ' ~- 2565.18 200,000 Ft.)~
~o ~; ,4 ..... · .... ~so,ooo
w . oo,ooo
5OO
:~::~. ~ ~. ~ ~'~ ,' . 2003-2004 :; ~, V~ 2~.63Ft.)
~ ~ ~'- ~/ ~ Isabella Storage
250 --~ 50,000
~'~' ~.~,~ ~ ~ 2531.65FL)
Regulated Flow ' ~'~,
Oct-03 Nov-03 Dec-03 Jan-04 Feb-~ Mar-~ Apr-04 May-~ Jun-~ Jul~ Aug-04 Sep-04
1~7~
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
2003 - 2004 WATER YEAR
40.0 , ,
35.0
I 19~-199z I /
I122% A-J I
30.0
, , Average
o ',100% of April 1 Average
~ 20.0 ,' ,' ,,
o 2001-2002 ' ', '
o 1999-2000
~ 46% A-J 12003-2004 65% A-J
'"" 48% A'J
~ 15.o
2002-2003
70% A-J
10.0
1998-1999 ,, 2000-2001
54% A-J I 53% A-J
5.0 ,
November December Januar~ ffebruar~ March April
CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT
Water Board Meeting October 14, 2004
7. OLD BUSINESS
A. Update on Request to Kern County Water Agency for Treated Water to Serve
Northwest Bakersfield - For Board Information
(Draft: 9-10-04 PM)
EXTENDED AND EXPANDED
CONTRACT BETWEEN KERN COUNTY WATER AGENCY
AND [NAME OF CONTRACTING ENTITY]
FOR A WATER SUPPLY
This agreement made this __ day of November, 2004, is by and between the
Kern County Water Agency, established by chapter 1003 of the 1961 Statutes of the State
of California, hereinafter referred to as the "Agency" and [NAME OF CONTRACTING
ENTITY], a [TYPE OF ENTITY] duly organized and existing under and by virtue of the
laws of the State of California, hereinafter referred to as "Purveyor":
WITNESSETH:
WHEREAS, the Agency and the State of California entered into an agreement
entitled "Water Supply Contract Between the State of California Department of Water
Resources and Kern County Water Agency" dated November 15, 1963, whereby the
State of California has and will furnish a water supply to the Agency; and
WHEREAS, the Agency has obtained an annual State Water Project Table A
Supply of 82,400 acre-feet per year, which is within the yield authorized for
Improvement District No. 4, which it will allocate to the Urban Bakersfield Area; and
WHEREAS, by Resolution No. 17-71 adopted December 21, 1971, as amended,
the Agency formed Improvement District No. 4 of the Kern County Water Agency to
undertake the financing, construction, operation and maintenance of works to provide a
supplemental water supply for the Urban Bakersfield Area; and
WHEREAS, the lands and inhabitants of the Purveyor, all of which are located in
said Improvement District No. 4, are in need of surface water for beneficial uses; and
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WHEREAS, the Agency has sold water to certain distribution agencies, and ~
desires to continue to sell water to distribution agencies as a method of achieving the I
purposes of Improvement District No. 4; and
WHEREAS, in order to continue to meet the increasing demands of the
distribution agencies within Improvement District No.4, the Agency plans to expand its
treated water supply to meet those increased demands by expanding its facilities as
illustrated on attached Exhibit A, under terms and conditions which shall be fair and
equitable to all such water distributors and the inhabitants of Improvement District No. 4;
and
WHEREAS, Purveyor desires to contract with the Agency for a water supply for
the benefit of the lands and inhabitants served by the Purveyor within the confines of
Agency Improvement District No. 4 and for which the Purveyor will make payments to
the Agency upon the terms and conditions hereinafter set forth;
NOW THEREFORE, IT IS HEREBY MUTUALLY AGREED by the parties
hereto as follows:
Article 1. Defmitions.
When used in this contract the following terms shall have the meanings
hereinafter set forth:
(a) "Agency Act" shall mean the Kern County Water Agency. Act, being
Chapter 1003 of the 1961 Statutes of the State of California, as amended.
(b) "Annual entitlement" shall mean the amounts of treated water, in acre-feet, to
be made available to each Customer each year as shown on Exhibit B. The maximum
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instantaneous flow capacities to be provided for each Customer in the transmission
facilities are also shown on Exhibit B.
(c) "Capital Costs" shall mean all costs incurred by the Agency which are
.../ D~let'Ed: properly
~h__a[_ g_e~b_!_e~,. ~.a_c. _c_o. _r_d_a~..c..e...w.!~ ge~_nerally accepted accounting practices, for construction
.~_ ~.~!_s~_'_m.g p_f_ _equ~ipm_. _ent' for.the,proj eot facilities, including the .costs of surveys ...... '" -fie,eted: the
engineering studies, exploratory work, designs, preparation of construction plans,,·
.......... Deleted: and
specifications, acquisitions, acquisition of lands, easementsdights-of-way, relocation ~ De~ted: ana
" ' (Deleted:
work, and essential legal, administrative and financial work in connection therewith.
(d) "Capital Facilities Charge" shall mean that charge to Purveyor and other
Customers which repays the Expanded Capital Costs, including the interest on financing
of such costs, and other capital costs.
(e) "Capital Facilities Fund" shall mean a restricted fund to receive payments of
Capital Facilities Charges and to disburse payments to service the debt incurred for the
Expanded Capital Costs.
(f) "Cross Valley Canal" shall mean the concrete lined canal approximately 17
miles in length extending from the California Aqueduct near Tupman easterly to the
Arvin-Edison Canal, together with the turnout from the California Aqueduct, the
pumping plants necessary to lift water through a static head of approximately 84 feet and
such road crossings, utility relocations, fences and other facilities necessary for its
construction and operation.
(g) "Customers'"shall mean each of the following water distributors that contract
to buy treated water from the project including: North of the River Municipal Water
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District, East Niles Community Services District, California Water Service Company,
and the City of Bakersfield.
(h) "Expanded Capital Costs" shall mean that subset of Capital Costs which are
due to the Expansion Project, exclusive of Cross Valley Canal and Extension expansion
capital costs.
(i) "Expansion Project" shall mean the project to be undertaken by the Agency to
increase treated water capacity and delivery capability more particularly described in
Article 5 (b), and illustrated on attached Exhibit A.
(j) "Extension" shall mean the lined and unlined canal reaches beginning at the
eastern terminus of the Cross Valley Canal at [INSERT PRECISE STATION FOR
BEGINNING] and extending easterly approximately 4.5 miles to a point near the Henry
C. Gamett Water Purification Plant, which point is __ feet upstream from the Cawelo
Water District's Pump Station "A", together with a pumping plant necessary to lift water
through a static head of approximately 30 feet and such road crossings, utility relocations,
fences and other facilities necessary for its construction and operation.
(k) "Improvement District No. 4" shall mean Improvement District No. 4 of the
Kern County Water Agency created by Resolution No. 17-71 of the Board of Directors of
the Kern County Water Agency adopted December 21, 1971, as amended.
(1) "ID4 Enterprise Fund" is that fund created within the Agency for accounting
of revenues and expenses of the Improvement District No. 4 enterprise, excluding
restricted accounts for the payment of the Expanded Capital Costs.
(m) "Master Contract" shall mean that contract between the Agency and the
State of California entitled "Water Supply Contract Between the State of California
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Department of Water Resources and the Kern County Water Agency" dated November
15, 1963, as amended to date and any revisions or amendments hereafter made.
(n) "New Customer" shall mean the City of Bakersfield.
(o) "Operating Costs" shall mean all necessary costs, other than pumping costs,
for the operation, maintenance, repair, replacement and administration of thep!~ojec~ .....
facilities, including Expansion Project facilities.
(p) "Original Customers" shall mean Customers other than the City of
Bakersfield.
(q) "Original Entitlement" is that portion of the Annual Entitlement which
Customers held by pre-existing contract.
(r) "Original Project" shall mean the project previously undertaken by the
Agency for the benefit of Improvement District No. 4 and others as described in said
Resolution No. 17-71, including the features more particularly described in Article 5 (a)
hereof.
(s) "New Entitlement" is that portion of the Annual Entitlement which Customers
have acquired thzough the Expansion Project.
(t) "Pumping Costs" shall mean all necessary energy and standby costs incurred
by the Agency for pumping water.
(u) "State Project Water" shall mean water made available to the Agency from
the California Aqueduct, a portion of the State Water Resources Development system.
(v) "Year" shall mean the 12-month period from July 1 of any year to June 30 of
the following year.
5of32 5
Article 2. Term.
This contract shall become effective when all Customers have executed this
agreement with the Agency and, except as provided for in Article 15(d), shall remain in
effect through January 1, 2035, or the repayment period of any bonds or similar
instruments issued for financing of the Expansion Project; provided, however, that if the
construction of the Expansion Project is not commenced by December 31, 2005 Purveyor
or Agency may terminate this contract by giving the other party written notice of its
election to do so by January 31, 2006. Purveyor shall remain liable however for all
unavoidable Capital Costs incurred and responsible for that portion of the Capital
Facilities Charge attributable to those Capital Costs; provided that the Agency shall
endeavor to fred a customer willing to contract for the capacity and water supply upon
the terms and conditions stated herein, and Purveyor shall be relieved of responsibility
once such replacement contract is executed by the new customer. ,.Th_._i~_c. pn.tra_gt_ ...............
supercedes the contract of [INSERT DATE OF ORIGINAL CONTRACTi__b__e__t~___e_e_n
Aganey and Purveyor.
Article 3. Option for Continued Service.
After the expiration of the term of this contract, Purveyor shall be entitled to
continued service under the following conditions unless otherwise agreed to:
(a) Service of water in annual amounts equal to the Purveyor's total Annual
Entitlement.
(b) Service of water under the same physical conditions of service, including
time, place, amount and rate of delivery, as are provided hereunder.
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(c) Service of water at prices to be mutually agreed upon.
Other terms and conditions of the continued service shall be reasonable and
equitable and shall be mutually agreed upon. In the event that said terms and conditions
provide for euntinued service for a limited number of years only, the Purveyor shall have
the same option to receive continued service as here provided,until the expiration0f that
and each succeeding period of continued service.
A~icle 4. Relationship to Master Contract.
This Contract is subject to the obligations and limitations imposed by the Master
Contract and is intended to be in conformance and harmony with it. The Master Contract
is hereby incorporated herein by this reference in all respects as though set fo~h in full at
this point. The Purveyor hereby expressly agrees to the provisions of the Master Contract
imposing obligations and limitations upon it and further expressly agrees that nothing in
this contract shall be deemed to require the Agency to perform any obligation in conflict
with the Master Contract.
The Agency agrees it will not, without the prior approval of the Purveyor, consent
to any amendments to the Master Contract which would increase the price of water to the
Purveyor under this contract or substantially adversely affect the Agency's ability to
deliver the water provided for herein.
Article 5. Integration of Original Proieet and Expansion Proiect
(a) The following are the components of the Original Project:
(1) Cross Valley'Canal Reach 1 which begins with a turnout on the California
Aqueduct near Tupman and extend northeasterly for approximately 5 miles to a turnout
constructed near the NW 1/4 of the SW 1/4 of Section 2, T30S, R25E. This reach
7of32 7
includes two pumping plants and a major crossing under Interstate Highway 5 and is
designed and constructed to have a minimum instantaneous flow capacity of 922 cubic
,.,{ Form~: Highlight
feet per second with a scheduled expansion not related to this contract to ~.cubic ....... ,-'"
feet per second.
(2) Cross Valley Canal Reach 2 which begins at the terminus of Reach 1 and
extend easterly approximately 9 miles to a point east of Pumping Plant No. 5 [INSERT
SPECIFIC LOCATION OF POINT]. This reach includes three pumping plants and five
pipe siphons under the Sunset Railway, two gas pipelines, Stockdale Highway and Jerry
Slough, and is designed and constructed to have a minimum instantaneous flow capacity
of 843 cubic fbet per second with a scheduled expansion not related to this contract to
XXXX cubic feet per second.
(3) Cross Valley Canal Reach 3 which begins at the terminus of Reach 2 and
extends approximately 2 ~ miles to the terminus of the Cross Valley Canal located near
the southern terminus of the Friant-Kern Canal. This reach includes one pumping plant is
designed and constructed to have a minimum instantaneous flow capacity of 812xx cubic
feet per second with a scheduled expansion not related to this contract to ~_~__u__b!_c- ....... ........{ Formatted: Highlight
feet persecond.
(4) Cross Valley Canal Extension which has a minimum instantaneous flow
capacity of 306 cubic feet per second. It includes a pumping plant and pipe siphons
under the Friant-Kern and Arvin-Edison Canals, the Southern Pacific and Santa Fe
railroads, State Highway 99 and other roads, and turnouts into the Kern River and
Calloway Canal. The Extension ends near the Henry C. Gamett Water Purification Plant
__ feet upstream of Cawelo Water District's Pump Station "A."
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(5) The original water treatment plant with sufficient capacity to provide for the
treatment to commonly accepted standards of potability of at least 25,000 acre-feet of
water annually from the Extension.
(6) The North pipeline and associated pumping plants and delivery structures for
the conveyance and delivery of water as described in Exhibit A attached hereto and
incorporated herein by reference.
(7) The East pipeline and associated pumping plants and delivery structures for
the conveyance and delivery of water as described in said Exhibit A.
(8) Facilities for spreading and percolating water for recharging the underground
in Improvement District No. 4, including three river turnouts and one Calloway Canal
turnout.
(9) The Agency share of Pioneer Project facilities and rights as shown and
described on attached Exhibit A.
(10) The Agency share of Kern Water Bank Authority facilities and rights as
shown and described on attached Exhibit A.
(b) The following are the components of the Expansion Project:
(1) Expansion of the Henry C. Gamett Water Purification Plant from a
maximum instantaneous flow capacity of 38 MGD to __ MGD. Such expansion shall
-'f Comment: Why don't the original
..," ! customers pay for modifications and
also incorporate modifications and repairS, tO original facilities (costs to be prorated ..... . | repairs of the ~eatment facilities. All of
| ID~ paid for the original facilities not
amongst original customers) to ensure continued reliability and operation. [DESCRIBE L just these customers service areas.
EXPANSION OF TREP~TMENT PLANT WITH OTHER IMPROVEMENTS]
(2) Construction of a Northwest Pump station and Pipeline designed to
convey up to 22.5 MGD,tp_~e___N_ p__r~__.w, ep~ pprt_i9!~.0f the Distrigt ........................ ..'"
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(3) Expansion of the East Pipeline which will include [DESCRIBE FULLY]
(4) Expansion of the North Pipeline which will include [DESCRIBE FULLY]
(5) A portion of the capacity available to Improvement District No. 4 from
expansion of 'the Cross Valley Canal as allocated by the Agency.
(c) The facilities described in subdivisions (a) and (b) of this Article are
intended to operate as an integrated project except as specifically set forth herein in other
Articles. When reference is made herein to costs or revenues that are not specifically
identified as belonging to the Original Project or Expansion Project, then the reference
shall be presumed to be to the integrated composite of the two.
Article 6. Allocation of Capital and Operating Costs of Project Feature~
(a) The Cross Valley Canal reaches and extension are joint use facilities financed
in respective part by the following Cross Valley Canal participants, including
Improvement District No. 4, as identified for each reach and the extension with the
Improvement .District No. 4 share of such costs specified in [INSERT TITLE OF
CONTRACT] or its successor agreement: [describe participants in each reach]
(1) Reach 1: Improvement District No. 4, Arvin-Edison Water Storage
District (Arvin-Edison), Cawelo Water District (Cawelo), Rag Gulch
Water District (Rag Gulch), Rosedale-Rio Bravo Water Storage Distric~
(Rosedale) and Kem-Tulare Water District (Kem-Tulare), and the and the
Fresno-Tulare Group, which consists of the Hills Valley Irrigation
District, Th-Valley Irrigation District, Pixley Irrigation District, Lower-
Tule River Irrigation District, County of Tulare, and the County of Fresno.
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(2) Reach 2, etc. - [describe participants in each with a subdivision for each
reach and the extension]
(b)The Improvement District No. 4 share of the capital, operating and other
costs of the Cross Valley Canal facilities specified in subdivision (a) of this Article shall
be paid from the ID4 Enterprise Fund.
(c) The formula for the sharing of capital costs for the Expansion Project,
,,, ( Comment: Is this available? J
exclusive of CVC and Extension expansion costs, is shown on attached iExhibit Dl .... ,, '~'
Expanded Capital Costs, other than those paid directly by Improvement District No. 4 for
its reserved capacity, shall be f'manced and the Customers, including Purveyor, shall bear
responsibility for their share, by payment of a Capital Facilities Charge which shall be
accounted for in the Capital Facilities Fund designated for payment of the Expanded
Capital Costs. Capital costs allocated to Improvement District No. 4 for Cross Valley
Canal and Extension facilities, including but not limited to costs related to Improvement
District No. 4's share of the expansion of Cross Valley Canal facilities to 1,400 cfs of
capacity, are to be paid for out of the ID4 Enterprise Fund described herein.
(d) The capital costs, operating, and other costs of the Improvement District
No. 4 share of Pioneer Project (as set forth in the [INSERT NAME AND DATE OF
PIONEER PROJECT AGREEMENT]) and Kern Water Bank Authority participation (as
set forth in [INSERT NAME AND DATE OF KERN WATER BANK AGREEMENT])
are to be paid for out of the ID4 Enterprise Fund described herein.
(e) Using revenues realized from the sale of banked water to the
Environmental Water Account, Improvement District No.4 will pay those costs incurred
11of32 11
by the district in developing the Expansion Project.. [SPECIFY EXACTLY WHAT ID4
IS PAYING FOR AND WHAT THE AMOUNT IS].
(f) Charges for capital costs of delivery structures, and operating and other
costs of conveyance are set forth in Article 9.
(g) Charges for the cost of water, including treatment costs, are set forth in
Article 15.
Article 7. Completion of Expansion Project.
Water and distribution conveyance capacity are currently available to Original
Customers from the Original Project. The first year in which additional water will be
made available to New and Original Customers, is presently estimated to be 2005:
Subject to the availability of funds, the Agency shall make all reasonable efforts
consistent with sound fiscal policies, reasonable construction schedules, and proper
operating procedures to complete the Expansion Project in such a manner and in such a
time that water from the Expansion Project will be available to Purveyor in 2005. To the
extent practicable, the Agency shall notify the Purveyor of any change in this estimate.
Article 8. Contract Entitlement.
(a) Each year after the Expansion Project is completed, the Agency shall make
available for delivery to the Purveyor the Purveyor's Annual Entitlement to water as
shown on Exhibit B as described by the terms and conditions of this agreement. During
the year in which the Expansion Project is completed the Agency shall make available for
delivery to the Purveyor that percentage of New Entitlement of the Purveyor that is equal
to the percentage of the year remaining after the date of completion in addition to the
Original Entitlement
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(b) Each Year of this contract through the Year of completion of the Expansion
Project, the Agency shall make available for delivery to the Purveyor, the Purveyors'
Original Entitlement to water. During the year following the year in which the
Expansion Project is completed, and each year thereafter for the term of this agreement,
the Agency shall make available, for delivery, to the Purveyor, the Purveyors' New
Entitlement as defined by the terms and conditions of this agreement.
Article 9. Delivery Structures, Conveyance Facilities, Measuring Devices and
Cost Thereof.
(a) Capital Costs of Delivery Structures
All water to be furnished pursuant to this contract will be delivered to the
Purveyor through pipelines from the treatment plant at turnouts to be constructed with
funds provided by the Pu~eyor at the time of initial construction, or by long-term
f'mancing for which Purveyor shall have responsibility for repayment. Funds used by the
Purveyor for construction of pipelines and turnouts to accommodate the Expansion
Project may be debt proceeds of an appropriate type such as revenue bond or certificates
of participation. The turnouts to be constructed with Purveyor funds shall include the T_,
/, { D~leted: and paid for by needed
the gate valve and any other facilities requested,for._delivery of the Purveyor's_. _wa~er_fr0..m..
Improvement District No. 4 facilities. If the Purveyor desires to change its point or
points of delivery or install additional points of delivery, it may do so either by furnishing
all funds to cover any Agency expenses involved, or by undertaking the construction at
its own expense; provided, the Purveyor shall not undertake any such construction until it
first obtained Agency approval of the plans and specifications for such work. Upon
13of32 13
receipt of a request for such a change in place of delivery or installation of additional
places and the deposit of the required funds, the Agency shall diligently proceed to make
such a change or installation. Upon completion of the construction of any delivery
structures, tile Agency shall refund any monies deposited by the District not expended for
such construction.
(b) .Capital Costs of Conveyance Facilities
The Purveyor has requested that the [IDENTIFY DISTRIBUTION FACILITY]
pipeline described in Exhibit A hereof be constructed with capacity for the purveyor of
~ cubic feet per second requiring a diameter of [INSERT DIAMETER] inches, the
size being based on Purveyor's estimates of required capacity. Purveyor shall be
responsible for its proportionate share of capital costs of the pipeline (prorated according
to Purveyor's capacity stated herein in relation to total design capacity of__ cubic feet
per second) regardless of whether the capacity therein is actually required for delivery of
Purveyor's water. Capacity shall bc for nsc within ID#4 and or the areas within the
Sphere of Influence of the City of Bakersfield..
(c) Operatin~ Costs of Conveyance Facilities
The annual operating costs, other than pumping costs, of each pipeline, pumping
plant and delivery structure used in delivering water from the treatment plant to the
Purveyor shall be borne by the Purveyor and any other customers taking water through
such conveyance facilities in proportion to the annual quantities of water delivered to
each customer through each such facility. On or before June 1 of each year the Agency
shall notify the Purveyor in writing of the estimated amount of operating costs it must
pay for the next succeeding year for each conveyance facility to be used by it. The
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Purveyor shall pay one-fourth of such estimated costs on or before each of the following
dates during the succeeding year: July 1, October 1, January 1, and April 1. At the end of
each year each Customer's share of operating costs for that year shall be recalculated as
soon as possible by substituting the actual costs incurred by the Agency and the actual
quantities of water delivered to each Customer. Any adjustments in the Purveyor's
payments required to reflect this recalculation shall be made in the District's next
quarterly operating cost payment due after the recalculation.
(d) Pumping Costs for Delivering Water
The monthly and annual pumping costs for each pumping plant used in delivering
water from the treatment plant shall be borne by the Purveyor and any other customers
taking water through the pumping plant in proportion to the quantifies of water delivered
to each Customer through the pumping plant during the month and the year, as the case
may be. As soon as possible after the close of each month the Agency shall notify the
Purveyor in writing of the amount of pumping costs it must pay for the preceding month.
The Purveyor shall pay this amount within..th, irt¥~ays after receiving such statement of ......
charges from the Agency.
(e) Recalculation and Adiustment of Pumping Costs
As soon as possible after the end of each year the pumping costs for each
pumping plant shall be recalculated by dividing the actual pumping costs incurred by the
Agency for that year for all water delivered through that pumping plant by the actual
quantities of water delivered through the pumping plant and multiplying the resulting
acre-foot rate by the total quantity of water delivered during the year through that
pumping plant to each customer. Any adjustments in the Purveyor's payments required
15of32 15
to reflect this recalculation shall be made in the Purveyor's fa:st monthly pumping cost
payment due after the recalculation.
(f) Measuring Devices
All water furnished pursuant to this contract shall be measured by the Agency at
mutually agreed upon points with equipment satisfactory to the Agency and the Purveyor.
All such equipment shall be installed and maintained by the Agency. Meters shall .............
conform to AWWA standards for meter design and accuracy and shall be equipped with a
digital readout, which records flow in Million Gallons per Day (MGD) and totals in MG.
The Agency shall pay for the installation and maintenance of such equipment from the
ID4 Enterprise Fund. All determinations relative to the measuring of water shall be made
by the Agency, and upon request by the Purveyor, the accuracy of such measurements
shall be investigated by the Agency. Any errors appearing thereon will be adjusted. The
Purveyor may inspect such measuring equipment for the purpose of determining the
accuracy thereof.
Article 10. Delivery Schedules.
The amounts, times, and rates of delivery of water to the District during any year
shall be in accordance with a water delivery schedule determined in the following
manner:
(a) On or before August 1 of each Year, the Purveyor shall submit in writing to
the Agency a preliminary water delivery schedule indicating the amounts of water, in
acre-feet, desired by the District during each month of the succeeding six Years.
(b) Upon receipt of a preliminary schedule, the Agency shall review it and after
consulting with the Purveyor, shall make such modifications as are necessary to ensure
16of32 16
that the amounts, times, and rotes of delivery to the Purveyor will be consistent with the
available supply of water from the treatment facilities, considering each Customer's
annual entitlement and capacity, and the then current delivery schedules of all other
,., ( Oe,eted: d
Customers. On or before December 31, of each year, the Agency shall determine, and
furnish to the Purveyor a water delivery schedule for the next succeeding year which
shall show the amounts of water to be delivered to the Purveyor during each month of
that year.
(c) A water delivery schedule may be amended by the Agency upon the
Purveyor's written request. Proposed amendments shall be submitted by the Purveyor
within sixty days before the desired change is to become effective, and it shall be subject
to review and modification by the Agency in like manner as the schedule itself.
(d) In no event shall the Agency be obligated to deliver water to the Purveyor in
any month in excess of the Purveyor's demand for that month as set forth in the approved
delivery schedule, or twelve and one-half percent (12.5%) of its annual entitlement,
whichever is the lesser.
(e) In no event shall the Agency be obligated to deliver water to the Purveyor in
excess of Purveyor's capacities identified in Exhibit B.
(f) If, after expansion of the treatment and distribution facilities the Agency
determines there is excess capacity and the Purveyors request such capacity, the Agency
may allocate any excess capacity to the Purveyors based upon their percentage of the then
contracted capacity throtlgh the treatment plant.
Article 11. Responsibilities for Delivery and Distribution of Water.
17of32 17
Neither the Agency nor its officer, agents, or employees shall be liable for the
control, carriage, handling, use, disposal, or distribution of water supplied to the Purveyor
pursuant to this contract after such water has passed the points of delivery established in
accordance with Axticle 9; nor for claim of damages of any nature whatsoever including
but not limited to property damage, personal injury, or death, arising out of or connected
with the control, carriage, handling, use, disposal, or distribution of such water beyond
said delivery structures; and the Purveyor shall indemnify and hold harmless the Agency
and its officers, agents, and employees, from any such damages or claims of damages.
Article 12. Water Shortage.
(a) At times there may occur a shortage during any year in the quantity of water
available for delivery to the Purveyor by the Agency pursuant to this contract. However,
if the Agency can prevent or diminish a shortage in treated water by temporarily halting
or curtailing its spreading of water for recharging the underground in Improvement
District No. 4, it shall do so. The amount of spreading water curtailed would be prorated
as a treated supply amongst those customers that utilize groundwater supplies within
ID#4.
No liability shall accrue against the Agency or any of its officer, agents, or
employees for any damage, direct or indirect, arising from a shortage on account of
drought, or unavoidable causes. In any year in which such a shortage may occur for any
cause so that the total quantity of water available to the Agency for distribution to the
! Com~t: What if we have our own
source of water how might this be
Purveyor and other Customers taking water from the treatment facilities is less than the //,
Deleted: first among the Original
total of all quantities contracted for by the Purveyor and other Customers, the Agency //
Customers in proportion to their Original
Project'annual entitlemcnt~ as set forth in
"" (Exhibit B)and second among the
'shall apportion the available treated wate:based, on those customers demonstratin~ water :? customers, in proportion to their
............................................................................ , Expanded Project nnnunl cntitlcmonts ns
',,,, . set f(~'th in (Exhibit B).
· Deleted:
lgof32
conservation practices and or a lower per capita water usc as set forth in (Exhibit B), The
Agency shall give the Purveyor written notice as far in advance as possible of any such
reduction in delivery to it. During periods of shortage the Purveyor may bring its ow~
outside surface water supply to usc in its service area..:.
Article 13. Curtailment of Deliver'/for Maintenance Purposes,.
The State of California or the Agency may temporarily discontinue or reduce the
amount of water to be furnished the Purveyor for the purposes of maintaining, repairing,
replacing, investigating or inspecting any of the facilities necessary for furnishing of
water to the District. Insofar as it is feasible, the Agency will give the Purveyor due
notice in advance of any such temporary discontinuance or reductions, except in the case
of emergency, in which ease no notice need be given. In the event of such
discontinuance or reduction, the Agency will upon resumption of service, deliver, as
nearly as may be feasible after consultation with the Purveyor, and to the extent water is
furnished to it by the State of California, or other sources, the quantity of water which
would have been furnished to the Purveyor '_,ip_._th_e..a. bsen_ce of such_ di.sc°n~ti-nu0nce--°r .........
reduction. The Agency shall attempt to schedule its routine maintenance on project
facilities so that whenever possible any such discontinuance or reductions in delivery will
occur during periods of reduced demand.
Article 14. Water Ouality
(a) The Agency shall use all reasonable efforts to ensure that all water
delivered by the Agency,from the treatment plant into the Distribution Pipeline(s)
described in Exhibit A hereof shall meet all applicable Federal, State of California and
Kern County minimum water quality requirements for water for domestic use.
19
19of32
(b) In the future the Purveyor may use the_distribution pipelines to deliver;
water from its wells, as well as for delivering water from the treatment plant. Any
request by the Purveyor for the use of the distribution pipeline for conveyance of water,
other than that originating from the Henry C. Garnett Water Treatment Plant, shall be
made by providing written notice ninety days prior to the requested date of use. The
Agency reserves the right to approve or deny any request receive~Provided that_ M!_C0_S_tS___.
and risks associated with, or arising from, the delivery of such water shall be bom by
Purveyor in accord with a supplementary written agreement between Agency and
Purveyor.
(c) When the Purveyor puts water from any source other than the treatment
plant in the distribution pipeline, the Agency will be absolved of responsibility for the
quality and quantity of any water delivered to the Purveyor after it leaves the treatment
plant. However, when the Purveyor ceases to put water from another source in the
distribution pipeline, the Agency will resume responsibility for the quality and quantity
of water delivered to the District through the distribution pipeline when and if the
conditions set forth in subdivisions (1) and (2) are met: (1) Purveyor advances sufficient
funds to the Agency to cover the cost of inspection and testing and (2) such inspection
and testing shows to the satisfaction of the Agency that other waters are either no longer
co-mingled in the distribution pipeline with the water supply from the treatment plant or
if co-mingled, the combined waters meet all applicable requirements.
(d) Such assumption of responsibility shall become effective only if and when
the Agency notifies the Purveyor in writing that the results of such inspection and testing
were satisfactory to Federal, State and local water quality regulations ................................
20of32
20
(e) During any period(s) between the time the Purveyor commences to
introduce water into the distribution pipeline and the time the Agency resumes
responsibility for the quality of water in that pipeline, neither the Agency nor its officers,
agents, or employees shall be liable for the quality or quantity of water supplied to the
Purveyor through the distribution pipeline, nor for claim of damages of any nature
whatsoever arising out of or connected in any way with the quality or quantity of such
water, and the Purveyor shall indemnify and hold harmless the Agency, its officers,
agents, and employees from any such damages or claims of damages.
Article 15. Cost of Water.
The hnveyor, and all other Customers, shall pay the following charges to be
determined and set annually by the Agency.
(a) Charges for Water Delivered
The charge for each acre-foot of water delivered to the Company, and all other
Customers, shall be equivalent to the highest groundwater charge levied in Improvement
District No. 4 for that year in accordance with the Agency's Resolution No. 17-71, as
amended, plus [INSERT AGREED AMOUNT], (hereinafter collectively the "Water
Treatment Charge"). The Water Treatment Charge shall be accounted for utilizing a
separate Agency fund identified as the ID4 Enterprise Fund.
(b) Charges for Failure to Take Annual Entitlements.
The Purveyor, and all other Customers, shall pay the rate per acre-foot provided
for in Article 8, paragraph (a) times either the water delivered to them (exclusive of the
dry year supply of Article __) or their annual entitlement, whichever is greater.
21of32 21
If the Purveyor, or any other Customer, fails to take its annual entitlement, the
Customer failing to take its annual entitlement shall pay the Water Treatment Charge,for .....
that year for each acre-foot of annual entitlement not taken by it.
(c) Credit for Annual Entitlement Not Taken
[INSERT AGENCY ATTEMPTS TO SELL AND CREDITS IF SOLD]
(d) Surcharges
If the Agency has levied, or attempted to levy, a $30 per acre-foot groundwater
charge for non-agricultural uses in Improvement District No. 4, and the proceeds from
this and the other charges provided for in this article are estimated by the Agency to be
insufficient to meet the estimated expenses for Improvement District No. 4 for that year,
the Agency shall charge the, Purveyor, and all other Customers, a surcharge:_ The_total ........ .-"
amount of the surcharges to the Purveyor and all other Customers shall be sufficient to
eliminate the estimated deficit. The amount of the Purveyor's and each Customer's
surcharge shall be determined by the Agency by dividing the estimated deficit by the
current year contracted annual entitlement for all Customers and multiplying the result by
the Purveyor's or the other Customer's Annual Entitlement for that year.
To the extent it may legally do so without an election, the Agency will raise funds
to eliminate the deficit in future years by levying an ad valorem tax in Improvement
District no. 4. If the Agency is legally prevented from raising that amount by ad valorem
taxes without an election, it shall develop a financial plan considering future long-term
revenues and costs of Improvement District No. 4 and establishing an annual surcharge
on the Treated Water Charge paid by Purveyors to provide sufficient funding. Such
charge shall be billable to and payable-by Purveyor in the same manner as the Treated
22of32 22
Water Charge. If no mutually satisfactory way to raise the amount can be agreed upon,
either the Agency or the Purveyor may terminate this contract upon six months written
notice, provided that Purveyor shall continue to be responsible for its Capital Facilities
Charge, its share of the debt service on any financing obtained for implementation of the
Expansion Project.
Article 16. Time of Payment.
(a) Payment of Charges for Annual Entitlement On or before June 1 of each
year, the Agency shall notify the Purveyor of its estimated charges for annual entitlement
water for the ensuing year. These estimates shall be prepared by the Agency on the basis
of the delivery schedules provided for in Article 10, the Agency's estimates of the
revenues and expenses for Improvement District No. 4 and the Agency's estimates of any
credits due as provided for in Article 15 and shall provide for both the payments to be
made for water to be delivered and for that portion of the annual entitlement not
requested for delivery. The Purveyor shall pay sixty percent (60%) of these charges on or
before July 1 of each year and the remainder on or before January 1 of the year. If the
Expansion Project is completed after bills have been issued, a supplementary bill Shall be
issued by the Agency, and is payable by District under the same terms as an annual bill,
for estimated charges for the proportion of additional entitlement provided by the
Expansion Project before the year covered by the next regular annual billing.
(b) Payment of Charges for Deliveries in Excess of Annual Entitlement
On or before the tenth day of each month the Agency shall send the Purveyor a
statement of charges for all water delivered to the Purveyor during the preceding month
23of32 23
in excess of the Purveyor's annual entitlement for that year. The Purveyor shall pay such
statements within jhirty days after they are received. . ......................... .-"
(c) Payment of Capital Facilities Charges. On or before June 1 of each year the
Agency shall send the Purveyor a statement of Capital Facilities Charges for all costs of
capital facilities, and payment of principal and interest due on financing for capital
facilities which shall be due during the ensuing year as allocated pursuant to Article VI.
Purveyor's mid each other Customer's yearly charge shall be increased by one-fifth for
each of the frrst five years to establish the Capital Facilities Reserve to be maintained in
the Capital Facilities Fund. The Capital Facilities Reserve shall be used to make the last
debt service payment if it has not been previously utilized to prevent a default on
financing payments. The Purveyor shall pay sixty percent (60%) of these charges on or
before July 1 of each Year and the remainder on or before January 1 of the Year.
Article 17. Recalculation and Adjustment of Cost of Water.
At the end of each year, the charges for water for that year required by Article 15
shall be recalculated by the Agency by substituting as soon as possible actual figures for
the estimates made pursuant to Article 16. Any adjustments in the Purveyor's payments
required to reflect these recalculations shall be made in the Purveyors first semiannual
payment due after the recalculations.
Article 18. Default.
(a) The Purveyor shall cause to be levied and collected all necessary fees and
charges and will use all the authority and resources of the Purveyor to meet its
obligations hereunder, to make in full all payments to be made pursuant to this contract
on or before the date such payments become due and to meet its other obligations under
24of32 24
this contract. In the event of any default by the Purveyor in the payment of any money
required to be paid to the Agency hereunder, the Agency in its discretion may suspend
delivery of water during the period when the Purveyor is delinquent in its payments or
obligation due to the Agency under the terms of this contract; provided that during any
such period of delinquency or suspension the Purveyor shall remain obligated to make all
payments required under this contract. Action taken pursuant to this article shall not
deprive the Agency of or limit any remedy provided by this contract or by law for the
recovery of money due or which may become due under this contract.
(b) In the event of default continuing 60 days beyond written notice to Purveyor
to the address specified herein, the Agency may, without abandoning any other remedy
provided by this agreement or California law, transfer Purveyor's entitlement, capacity,
other rights, and obligations hereunder to any other Customer, and if no other Customer
accepts an offer of such transfer within 30 days of mailing then Agency may transfer
such entitlement, capacity, rights and obligations to any water distributor in Kern County.
In the event of such transfer, all £mancial obligations of Purveyor under this agreement
shall continue except to the extent they are offset by amounts received from the
transferee.
Article 19. Obligation to Make Payments
(a) .Character of Obligation
The obligation of the Purveyor arising out of or pursuant or incidental to this
contract including, without limiting the generality of the foregoing, the obligations of the
Purveyor to pay to the Agency the sums becoming due the Agency for water furnished
hereunder, including but not limited to the Capital Facilities Charge, shall constitute a
25of32 25
general obligation of the Purveyor and the Purveyor shall use all the powers nad
resources available to it under the law to collect the funds necessary for and to pay its
obligations to the Agency under this contract. The Purveyor as a whole is obligated to
pay to the Agency the payments becoming due under this contract, notwithstanding any
individual default by its water users, constituents or other in the payment to the Purveyor
of tolls, or other charges levied by the Purveyor.
(b) R_efusal of Water Does Not Affect Obligation
Except as provided in Article 15 (b) the,Purveyor's failure or. refusal.to accept ........
delivery of water to which it is entitled under this contract shall in no way relieve the
Purveyor of its obligation to make payments to the Agency as provided for herein.
Article 20 Improvement District No. 4 Boundary Expansion
(a) Each of the Customers shall be responsible for ensuring all water
delivered pursuant to this Contract shall remain within the boundaries of ID4~ .................. ./" t by the Agency
(b) Customers requesting additional treated water supplies to meet demands
in areas outside Improvement District No.4's boundaries may request a boundary
expansion,if the requesting Customer provides a proportional amount of additional new
· · ' ' 4 /'~ the zone of benefit boundiu), may not
non-Improvement D~stnct No.4 SWP surface water supply to Improvement D~stnct No. :,~.. / need to b~ expa~ied.
If, however, the Customer is unable to secure a new surface supply for the expansion, the
Customer may request that Improvement District No.4 purchase additional SWP
entitlement at the current market cost, if available, provided that Customer shall be
.. . . .-" / charged to a Zone of Benefit.
responsible for the full cost of such entitlement,, The. Customer.requesung a__o0un.aa~Y. _ ........ ~' '
expansion will assist Improvement District No. 4 with any administrative proceedings,
environmental compliance, or any other approvals or processes that may be necessary to
26of32 26
comply with a boundary expansion. All costs incurred complying with, or attempting to
comply with, the request for a boundary expansion shall be paid for by the requesting
Customer. The Agency does not guarantee the success of any boundary expansion
efforts, or the success of implementation of a zone of benefit levy, and the parties
acknowledge that pursuit of an expansion of Improvement District No.4's service and
supply are subject to the discretion of the Kern County Water Agency's Board.
Article 21. Penalty for Late Pawnent.
Upon each charge to be paid by the Purveyor to the Agency pursuant to this
contract which shall remain unpaid after the same shall have become due and payable,
interest shall accrue at the rate of one-half (1/2) of one (1) percent per month of the
amount of such delinquent payment from and after the date when the same becomes due
until paid, and the Purveyor hereby agrees to pay such interest.
Article 22..Remedies Not Exclusive.
The use by either party of any remedy specified herein for the enforcement of this
contract is not exclusive and shall not deprive the party using such remedy of, or limit the
application of, any other remedy provided by law.
Article 23. Amendments.
This contract may be amended at any time by mutual agreement of the parties,
except insofar as any proposed amendments may adversely affect other customers or be
in any way contrary to applicable law or inconsistent with the provisions of the Master
Contract. The Agency shall make available to the District at all times during the normal
hours of business at the Agency offices for the District's inspection copies of all contracts
now or hereafter executed by the Agency with all other Customers and the participants
27of32 27
referred to in Article 6 and of any amendments thereto. The Agency agrees that each
contract for the supply of treated water now or hereafter executed with all other
Customers in Improvement District No. 4 shall contain provisions substantially similar to
those therein set forth and shall not contain any provisions of a material nature more
favorable to may other Customer than the provisions herein applicable to the Purveyor.
Article: 24. Opinions and Determinations.
Where the terms of this contract provide for action to be based upon opinion,
judgment, approval, review or determination of either party hereto, such terms are not
intended to be and shall never be construed as permitting such opinion, judgment,
approval, review or determination to be arbitrary, capricious, or unreasonable.
Article 25. Waiver of Rights.
Any waiver at any time by either party hereto of its rights with respect to a default
or any other matter arising in connection with this contract, shall not be deemed to be a
waiver with respect to any other default or matter.
Article 26. Notices.
All notices that are required to either expressly or by implication to be given by
either party to the other under this contract shall be signed for the Agency and for the
Purveyor by such officers as they may, from time to time, authorize in writing to so act.
All such notices shall be deemed to have been given and delivered if delivered personally
or if enclosed in a properly addressed envelope and deposited in a United States Post
Office for delivery by registered or certified mail. Unless and until formally notified
otherwise, all notices shall be addressed to the parties at their addresses as shown on the
signature page of this contract.
28of32 28
Article 27. Assignment.
The provisions of this contract shall apply to and bind the successors and assigns
of the respective parties, but no assignment or transfer of this contract, or any part hereof
or interest herein, shall be valid until and unless approved by the Agency. The Agency
shall not approve any such assignment or transfer to any person or entity that is not a
Customer unless and until the proposed assignment or transfer has been fu'st offered to
and refused in writing by all Customers. The offer of any such assignment or transfer
shall be on the same basis to all Customers and if more than one Customer desires to
accept the offer, the contract or portion thereof to be assignment shall be prorated among
them in proportion to the flow capacities provided for each of them in the facilities
involved in the assignment or transfer. Notwithstanding any other provisions of this
article to the contrary, the Agency's approval shall not be required for an assignment by
the Purveyor of all or part of this contract to a public agency with the power to eminent
domain, if such public agency expressly assumes all or part of the obligation of this
contract. If such public agency assumes only a portion of the obligations of the Purveyor
under this contract, the Purveyor shall remain obligated for the remainder of such
obligations.
Article 28. Inspection of Books and Record.q.
The proper officers or agents of the Purveyor shall have full and free access at all
reasonable times to the account books and official records of the Agency insofar as the
same pertain to the manors and things provided for in this contract, with the right at any
time during officer hours to make copies thereof, and the proper representatives of the
29of32 29
Agency shall have similar fights in respect to the account books and records of the
Purveyor.
Article 30. Areas Served by the Purveyor .- ...... { Formatl:ed: Bullets and Num~ring }
(C) _ Water delivered to the Purveyor pursuant to this contract shall not
be sold or otherwise disposed of by the Purveyor for use outside the boundaries of
· [ ¢o1~¢m of thc Ag¢ll¢
Improvement District No. 4,unless a non-ID#4 surface water source is 5Upp!ied with .,.,... Deleted: without theprior written
CEQA complianc% ...................................................................................... "
Article 31. Changes in the Purveyor's Service Area.
The Purveyor will furnish the Agency with maps showing their entire water
distribution,service area, Throughout the term of this contract, the Purveyory~il! properly~_..::~--[distl'ibutionDeleted: or areas of its watersystem.
notify the Agency of any changes, either by inclusion or exclusion, and in said service
area or areas.
Article 32. Sale of Water to Others.
The Agency shall not sell any water from the treatment plant provided for in this
contract to other than the Customers unless and until it has fu'st offered to sell such water
to the Customers at the prices provided for herein. If the Customers do not elect to take
all the water available from the treatment plant, the unused water may be sold to others at
not less than the prices provided for herein; provided, that such sale shall not interfere
with the ability of the Agency to make deliveries to the Purveyor and other Customers;
and further provided, that such sales shall be made only to others who will use the water
within Improvement District No. 4 except as provided for in Article 20.
30of32 30
Article 33. Advisory Committee.
.....( Deleted: eight
An advisory Committee shall be created which shall consist ofv~F~c.n members.. ...... .,-
One member shall be recommended by each of the Customers and appointed by the
~Omll~. The City of Bakersfield
_._ comprises approximamly 90°,/, of ID~4.
Agency,,two membe~ shall be recommended byiThf. C ity of Bakersfield and appointed ~_:,,'"'" ~D~ was formed to brins a supplemental
by the Agency, and,one member; shall be recommended and appointed by the Agency: ......., ,:, water supp*y to Urt~n Bak~s*~e]d. The
citizens (City) of Bakersfield should have
· '~i~,,,, ~ rcprascntation on the advisory committee.
Each member shall serve at the pleasure of the party responsible for his or her
'"' I~!~let~l.. Oildale Mutual Water
', ,, Company
appointment and alternates may be appointed who may serve in the absence of a member. '",
The Advisory Committee shall be charged with the responsibility of making
recommendations to the Agency on such things as plans and specifications for project
facilities, construction and operating budgets, operating criteria and use of the project
facilities. Voting on the Advisory Committee is on the basis of one person, one vote. To
the extent reasonably possible the Advisory Committee shall be informed of the details of
such matters in a timely manner and, except in emergencies, the Agency will seek and
consider the advice of the Advisory Committee on all such matters, f/0u[ membersof_the~.,,,
Advisory Committee shall be considered a quorum for the committee acting in its
advisory capacity. Final decisions concerning the project shall be made by the Agency.
A Member of the Urban Bakersfield Advisory Committee shall be elected by the
Urban Bakersfield Advisory Committee, and appointed by the Agency Board, to sit on
the Cross Valley Canal Advisory Committee to represent the Interests of Improvement
District No.4 on the Cross Valley Canal.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the
date first above written.
31of32 31
KERN COUNTY WATER AGENCY [INSERT PURVEYOR]
By By
President President
ATTEST:
Secretary Secretary
Kern County Water Agency INSERT PURVEYOR NAME AND
3200 Rio Mirada Drive ADDRESS
Bakersfield, California 93308
32of32 32
Water Board Meeting October 14, 2004
7. OLD BUSINESS
B. Agreement No. 92-250 with California Water Service Company for Operating City
Domestic Water System - For Board Review and Action
CALIFORNIA WATER SERVICE COMPANY BAKERSFIELD DISTRICT
3725 SOUTH H STREET · BAKERSFIELD, CA 93304.6538
(661) 396.24.00 ,, FAX (661) 396-2411
June 30, 2004
Mr. Flora Core
CEy ~ Bake~eld
1~ Buena ~aa Road
Bake~eld, CA 93311
Re: A~omaic mn~al ~ ag~me~ 92-250 for throe (3) yearn
Dear Flom:
California Water Service Company wishes to inform you that we'd like to extend our agreement
for 3 more years per Section 17. Term, of the agreement, by and between the City of Bakersfield
and California Water Service Company wherein it states, "The Initial term of this Agreement shall
be for three years commencing Januar~ 1, 1993, provided, however, that such term shall be
renewed for successive three year periods each, unless either party hereto shall notify the other
at least 180 days (180) prior to the term of this agreement."
We continue to be wholly committed to providing the City of Bakersfield with excellent operations
and maintenance sewices, and highly value our long standing relationship and mutual
cooperation. It is our strong desire to continue this relationship.
Thanks in advance for your attention to this. Please feel free to contact me at 396-2421x1015 if I
can be of further assistance.
Sincerely,
District Manager
Bakersfield Distdct
Cc: Dick Nye
Bill Harper
Rudy Valles
DISTI'ICT OItFl¢lil ANTELOPE VALLEY · BAKERSFIELD * BAYSHORE · SEAR GULCH * CHICO · DIXON * EAST LOS ANGELES · KERN RIVER VALLEY · KING CITY ·
LIVERMOEE · [OS ALTOS * MARYSVILLE · OROVI[LE · RANCHO DOMINGUEZ · REDWOOD VALLEY · SALINAS · SELMA · STOCKTON · VISALIA · WESTLAKE · WILLOWS
Water Board Meeting October 14, 2004
8. NEW BUSINESS
A. Amendment No. 1 to Agreement No. 01-140 with California Water Service Company
for Extraction, Exchange & Delivery of Banked Groundwater- For Board Review and
Action
AGREEMENT NO.
WATER BOARD AGREEMENT NO. 01-08 W.B.
AMENDMENT NO. I TO AGREEMENT NO. 01-140
THE EXTRACTION, EXCHANGE & DELIVERY OF BANKED GROUNDWATER
AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT NO. 01-140 is made and entered
into on , by and between the CITY OF BAKERSFIELD, a
Charter city and municipal corporation, ("CITY" herein) and CALIFORNIA WATER
SERVICE COMPANY, a California public utility water corporation, ("CAL WATER"
herein).
RECITALS
WHEREAS, on June 13, 2001, CITY and CAL WATER entered into Agreement
No. 01-140 concerning an exchange of Kern River water for stored groundwater to allow
delivery to CAL WATER's Kernville system; and
WHEREAS, CAL WATER has projected the annual water demand for its
Kemville system to exceed the 500 acre-feet as specified in Agreement No. 01-140; and
WHEREAS, CAL WATER and CITY desire to amend Agreement No. 01-140 to
increase the quantity of water available for exchange.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CAL
WATER mutually agree to amend Agreement No. 01-140 as follows:
1. Section 3. QUANTITY, is hereby amended to read as follows:
1. QUANTITY. CITY agrees to deliver to CAL
WATER an amount, not to exceed one thousand (1,000)
acre-feet per year, of City's Kern River water supply, as set
forth in this Agreement, for use by CAL WATER for
operation of its Kernville system, with a delivery schedule
compatible with CITY Kern River operations and CAL
WATER needs for the Kernville system.
2. Except as amended above, all terms and conditions of
Agreement No. 01-140 shall continue in full force and effect.
IN wrrNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to
Agreement No. 99-73 to be executed, the day and year first-above written.
"CITY ..... CAL WATER"
CITY OF BAKERSFIELD CALIFORNIA WATER SERVICE
COMPANY
By: By:
HARVEY L. HALL
Mayor
Title: President
APPROVED AS TO FORM
VIRGINIA GENNARO
City Attorney By:
Title: Corporate Secretary
By:
ALAN D, DANIEL
Deputy City Attorney
APROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
By:
FLORN CORE
Water Resources Manager
COUNTERSIGNED:
By:
GREGORY J. KLIMKO
Finance Director ;.,
S:~2004CONTRACTS\CWSCOBAmend lto01-140
9/3/2004
2
WATER BOARD AGREEMENT NO. 01-22 W.B.
ACREEMEWr O. 0 I" ! 4 0
AGREEMENT FOR
EXTRACTION, EXCHANGE & DELIVERY
OF BANKED GROUNDWATER
THIS AGREEMENT is made and entered into on JUN 13 2001 ,2001,byandbetweenthe
CITY OF BAKERSFIELD, a charter City and municipal corporation, ("CITY"), and CALIFORNIA WATER
SERVICE COMPANY, a California public utility water corporation, ("CAL WATER").
RECITALS
WHEREAS, CAL WATER has heretofore entered into a water supply agreement, commonly referred
to as the "Detachment and Water Sale Agreement" with CITY and Olcese Water District dated June 30, 1999,
incorporated by reference herein, pursuant to which CAL WATER purchased ~ acre-feet of water previously
banked by Olces¢ Water District in the CITY's 2800 Acre Recharge Facility; and
WHEREAS, CAL WATER is desirous of utilizing a portion of the banked water supply it currently has
stored in the CITY's 2800 Acre facility to meet the demands of its Kcrnville Domestic Water System ("Kernville.
system"); and
WHEREAS, the diversion point proposed by CAL WATER from Kern River to service the Kernville
system is located approximately forty (40) miles northeast of the current boundaries of CITY; and
WHEREAS, CITY is owner of certain Kern River water rights, canals and properties associated with
Ol:~n,ation of Kern River and owns irrigation storage space in Isabella Reservoir; and
· WHEREAS, CITY is willing to utilize portions of ils Kern River waler and storage rights in order to
facilitate an exchange of water supplies whereby CAL WATER may utilize its 2800 Acre banked water for
delivery to its Kernville system.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CAL WATER agree as'
follows:
1. TERM. The term of this Agreement shall commence upon the date of execution and terminate
on Dcc~lber 31, 2022. This Agreement will automatically renew for an additional term of twenty (20) years
unless eith~ party provides written notice within one hundred eighty ( l g0) days of termination date.
2. EXCHANGE FEE. CAL WATER shall pay to CITY an exchange fcc in the amount of fifty- ..
five dollars ($$5.00)¥er acre-foot of water, or fraction thereof, delivered to CAL WATER by CITY from the Kern
River pursuant to this Agreement.
3. U N_Q.U.A.~.L~_. CITY agrees to deliver to GAL WATER an amount, not to exceed five hundred
(500) acre-feet per year, of CITY's Kern River water supply, as set forth in this Agreement, for use by CAL
WATEK for operation of its Kernville system, with a delivery schedule compatible with CITY Kern River
operations and CAL WATER needs for the Kernville system.
4. ~. CITY makes no claims or assurances as to the quality of the raw water to be
received by CAL-~ATER. CAL WATER understands the water specified for delivery under this Agreement, as
supplied from Kern River, is UNTREATED AND NOT FIT FOR HUMAN CONSUMPTION AS
Vp.,F.,~.~. CAL WATER shall be solely responsible to take said water and i~at it to bring the water into
conformity with all Federal, State, and County domestic water requirements prior to any domestic use. CITY is
onsible for the uality of water in any way or at any time, and CAL WATER's failure to properly treat the.
· n,~°t,~Pe irma way the rCle~ '"Y fCITY Acce tsnce ofwaterbyCALWATERshall constitute waiver ot
................ ,--- nslbfl~t o . · P
any CITY liability of water quality.
5. MISCELLANEOUS WATER. CITY may, from time to time, have a miscellaneous quantity
of Kern River water above and beyond the water necessary to meet pre-existing obligations of CITY and which
can be made available to CAL WATER for service to its Kernville system. Subject to mutual agreement of the
parties hereto, such miscellaneous Kern River water, if and when available to CITY, shall be delivered to CAL
WATER in lieu of exchange water to be recovered from CAL WATER's 2800 Acre groundwater storage. CAL
WATER shall pay to CITY the amount of fifty-five dollars ($55.00) per acre-foot of miscellaneous water, or
fraction thereof, delivered to CAL WATER by CITY from the Kern River under terms ofthis Agreernent. During
periods of miscellaneous water delivery, no exchange fee or groundwater extraction will apply.
6. PRICE ADJUSTMENT. Charges specified in Paragraph 2 and Paragraph $ herein are subject
to annual adjustment on the basis of the January 1999 Producer Price Index lot"All Commodities" published by
the Bureau of Labor Statistics of the U.S. Department of Labor, which Price Index stood at 123.2. Adjustmemz
will be made in January of each year.
7. PAYMENTS. CITY shall invoice CAL WATER monthly for water delivered hereunder and
shall be due and payable by CAL WATER within thirty (30) days receipt of CITY invoice.
8. 2800 ACRE EXTRACTION. Except as othen~is¢ provided for hereunder, water extracted
by CAL WATER from its 2800 Acre groundwater storage for use at its Kernville system shall be equal to the
amount of CITY water delivered to CAL WATER under terms of this Agreement. Said extraction will be
accomplished by transfer from CAL WATER 2800 Acre groundwater storage to CITY 2800 Acre groundwater
storage and will be reflected on December 31 ~ of each year throughout the term of this Agreement.
9. 2800 ACRE STORAGE. CAL WATER shall maintain a positive balance in its 2800 Acre
groundwater storage account at all times. CITY agrees to sell to CAL WATER sufficient quantities of water as
it may become available to CITY in order to replenish CAL WATER's 2800 Acre groundwater Storage account.
so long as CITY and CAL WATER agree to the time, duration and cost of such flow.
10~ DELIVERY OF WATER. CITY shall make available to CAL WATER a Kern River water
supply in exchange for an equal mount of CAL WATER's 2800 Acre banked groundwater to CITY. The place
of delivery of the CITY water shall be at the Kern River near Kemville, California, in Section 15, Twn. 25S, Rge.
33E, M.D.B. & M. CAL WATER may construct a turnout and pipeline facility with the approval of the
appropriate government agency as required by law from the Kern River to CAL WATER's proposed new
trealment plant in Kemville for the purpose of water delivery. Such turnout and pipeline construction shall be done
to the satisfaction and with the approval of the City of Bakersfield, Water Resources Director. CAL WATER shall
bear all costs and expenses of all turnout and pipeline construction and all costs and expenses related to the
maintenance and upkeep of said facilities during the term of this Agreement or any extension thereof. Upon
termination of this Agreement, the turnout and pipeline shall be removed upon request of the CITY, and ali costs
and expenses of removing the facilities shall be borne by CAL WATER.
11. USE OF WATER. CAL WATER shall only utilize water received under this Agreement for
operation of its Kemville system unless otherwise mutually agreed upon by both CAL WATER and CITY. CAL
WATER shall not cause any unlawful pollution or contamination of the Kern River by relurn flows or other water
uses, or be negligent,or wasteful in the use of water on GAL WATER's Kernville system.
12. RIPARIAN WATER. CAL WATER agrees that it will not assert or make claim to, and take
no action with respect to any application to the State of California Water Resources Control Board for riparian
water rights of any nature whatsoever associated with operation of its Kernville system.
13. WATER METERS. It shall be the obligation of CAL WATER to provide, maintain, calibrate
and pay for all water meters or measuring devices, in accordance with industry standards as set by the American
Water Works Association, and as approved by CITY, necessary to measure the quantifies of water diverted by
CAL WATER from the Kern River under the terms of this Agreement. CAL WATER shall monthly provide to
CITY reports detailing the amount of water used by CAL WATER. Such report shall be in a format as determined
and approved by the City of Bakersfi¢id's Water R~ources Director.
14. ~. Neither the CITY nor any of its officers, agents, or employees shall be liable for
the control, carriage, handling, use, disposal, or distribution of water received by CAL WATER.
15. INDEM.~ITY. CAL WATER shall ind~,anify, defend, and hold harmless CITY, its officers,
agents and employees against any and all claims, losses or damages to the extent caused by the negligence or
misconduct of CAL WATER in the diversion and use of water from the Kern River by CAL WATER pursuant
to this Agreement. CITY shall indemnify, defend and hold harmless CAL WATER, its officers, agents and
employees against any and all claims, losses or damages to the extent caused by the negligence or misconduct of
CITY in connection with the diversion or use of water from the Kern River by CAL WATER pursuant to this
Agreement.
16. ASSIGNMENT. This Agreement shall not be assigned by any party, or any party substituted,
without prior written consent of ali the parties. Transfer of any right or rights under this Agreement without the
express written consent of CITY shall allow CITY to terminate this Agreement and any such transfer is hereby
deemed a material breach.
17. ~tOTICES. All notices relative to this Agreement shall be given in writing and shall be
personally served or sent by certified mail and be effective upon actual personal service or depositing in the United
States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
City Hall
1501 Tmxtun Avenue
Bakersfield, California, 93301
CAI, WATER: CALIFORNIA WATER SERVICE COMPANY
1720 North First Street
San Jose, California, 95112-4598
Attention: President
i 8.' ACCOUNTING RECORDS. Thc partics 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 parties office during the term of this Agreement and said records shall be made
available to each parties representative upon proper request.
19. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit
of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal
representatives, successor~ and assigns.
20. COMPLIANCE WITH ALL LAWS, CAL WATER shall, at CAL WATER's sole cost,
comply with all of thc requirements of Municipal, State, and Federal authorities now in force, or which may
hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or
growing out of this Agreement all Municipal ordinances and Statc and Federal statutes, rules or regulations, and
l~rmitting requirements now in force or which may hereafter be in force.
2 I. ~. This Agreement is effective upon execution. It is the product of negotiation
and all partie.~ are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code
shall not apply to the interpretation of this Agreement.
22. I~ERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between
thc parties and supersedes all other oral or written representations. Its terms are intended by the parties as a final
expression of their agreement with respect to such terms as are included hercin and may not be contradicted by
evidence of any prior agreement or contemporaneous oral argument. 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 and signed by all the parties.
23. GOVERNING LAW. The laws of the State of California will govern the validity of this
Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be
brought in Kern County, California.
Page -3-
24. PRE-JUDGEMENT INTEREST. In the event of a default by any party to this Agreement,
the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the
breach.
25. NON-INTEREST. No officer or employee of the CITY shall h01d interest in this Agreement
(California Government Code section 1090).
26. ~ME. Time is of the essence in this Agreement.
27. INDEPENDENT CONTRACTOR. CAL WATER shall not become or be deemed a partner
or joint venturer with CITY or associated in any relationship by reason of the provisions of this Agreemenl other
than sp~ified her~n. CAL WATER shall not, for any purpose, be considered an agent, officer or employee of
CITY in regard to this Agreement.
28. N..O WAIVER OF DEFAULT. The failure of any party to enforce against another party any
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. .
IN WITNESS WHEREOF, the partie~ hereto have caused this Agreement to be executed, the day and
year first-above written.
"CITY" "CAL WATER"
Title:
APPROVED AS TO COUNT:
WATER ~SO~CES DEP~T~NT
B~
GEN~ ff~~ Title: AssisZan~ Secretary
Wat~ ~u~ M~ag~
~PROVED AS TO FO~: ]~
B~T J. ~TGEN
Ci~ Auom~
COUNTERSIGNED:
Page -4- . c~ ~'~'~'~ ';:, ~
Water Board Meeting October 14, 2004
8. NEW BUSINESS continued
B. Sale of Banked Groundwater with Kern Water Bank Authority- For Board Review
and Action
B A K E R S F I E L D
WATER RESOURCES DEPARTMENT
Florn Core · Water Resources Manager
September 30, 2004
William D. Phillimore, Executive Vice President
Westside Mutual Water Company, L.L.C.
P.O. Box 80607
Bakersfield, CA 93380-0607
Dear Mr. Phillimore:
The Westside Mutual Water Company, L.L.C. (Westside Mutual) has expressed the
desire to purchase from the City of Bakersfield (City) and the City is willing to sell to Westside
Mutual, a portion of its imported groundwater currently stored in the "2800 Acre" water banking
facility. This letter shall serve as an agreement for Westside Mutual to purchase banked
groundwater from the City subject to the mutual understandings of the terms and conditions
herein set forth:
1) The City has stored floodwaters imported via the Friant-Kem Canal, fi'om various
out-of-county streams, as well as quantities from the California State Water
Project. The banking of these waters was accomplished through spreading and
underground storage in the City's "2800 Acres".
2) The City agrees to sell to Westside Mutual, 5,500 acre-feet of City's Friant-Kern
water supply spread and banked by City during February and March of 1986, and
171 acre-feet of City's State Water Project supply spread and banked by City
during .August of 1983.
3) Westside Mutual agrees to purchase from City a total of 5,671 acre-feet of such
imported stored groundwater, as set forth above, at a price of $64.70 per acre-foot
in the ground.
4) Upon execution of this agreement, the City will transfer title of the purchased
water net in the ground to Westside Mutual and will not impose losses. City shall
establish a "2800 Acre" groundwater storage account on behalf of Westside
Mutual equal to the amount of the purchased water transfer. City agrees that
Westside Mutual can recover the purchased water fi'om its "2800 Acre" storage
account using wells to which Westside Mutual has access from either the Kern
Water Bank, Pioneer Property or the "2800 Acres". Westside Mutual
acknowledges that use of City-owned "2800 Acre" wells for recovery of this
purchased groundwater will require separate agreement with City prior to any
such use and shall be subject to the existing priorities of City, Buena Vista Water
Storage District and the Kern County Water Agency.
5) City shall invoice Westside Mutual for the purchased water and will be due and
payable to City by Westside Mutual within 45 days receipt of City invoice.
6) Westside Mutual agrees that the water described in this agreement shall not be
used in any manner or form to satisfy demands or water balance for urban or
municipal and industrial uses anywhere outside the incorporated boundaries of the
City of Bakersfield.
7) The City has completed CEQA requirements for a spreading and banking
program in the "2800 Acres", however, should the sale or transfer of the imported
banked groundwater, as described in this agreement, be challenged within 4 (four)
years of purchase date and such challenge is successful, City will refund proceeds
from the original sale to Westside Mutual. Refund will be equal to the amount of
water not extracted and/or used by Westside Mutual during the four year period.
If the City/Westside Mutual sale or transfer is challenged, the parties agree to
jointly defend the sale and transfer of the imported banked water.
8) The term of this agreement shall commence upon the date of execution and
terminate on December 31, 2014. Imported stored groundwater purchased by
Westside Mutual hereunder held in "2800 Acre" storage as of the date of
termination, if any, shall be automatically transferred fi.om "2800 Acres" storage
to the Kern Water Bank account of Westside Mutual.
If you agree with these points of understanding, please indicate by signing and dating
below and returning an attached original for our files.
CITY OF BAKERSFIELD WESTSIDE MUTUAL WATER
COMPANY, L.L.C.
By: By: ~
FLORN CORE, Manager WILLIAM D. PHILLIMORE
Water Resources Department Executive Vice President
Date: Date:
Page 2
Water Board Meeting October 14, 2004
8. NEW BUSINESS continued
C. Contribution to Kern County Water Agency Groundwater Mediation process - For
Board Review and Action
AGENCY/KCPlan
WATDIST/Genl
Directors:
Fred L. Starrh
Division 1
Terry Rogers September 28, 2004
Vice President
Division 2
Peter Frick
Division 3 Water District Managers
Michael Radon (Distribution List attached)
Division 4
Gentlemen,
Adrienne J. Mathews
Division 5
As you are aware, at our groundwater mediation meetings we have been
Lawrence P. Gallagher discussing the sharing of costs for Joe Scalmanini's continued technical work in
Division 6
support of the mediation effort. The Steering Committee recommended that the
Gene A. Lundquist water districts each contribute $I,000 to assist with Mr. Scalmanini's costs
President during the remainder of 2004, and an additional $1,000 in early 2005. The
Division 7 Agency's Board has taken action to match the districts' contributions.
Thomas N. Clark The water districts recommended that the Agency send an invoice to the districts
General Manager for the initial $1,000. The invoice is attached to this letter. Please make the check
John E Stovall out to Kern County Water Agency. We would appreciate it if you would indicate
General Counsel on the check that the funds are to support the groundwater technical work.
Thank you for your prompt attention to this matter. If you have any questions,
feel free to contact Lloyd Fryer.
Thomas N. Clark
General Manager
661/634-1400
Mailing Address
P.O. Box 58
Bakersfield, CA 93302-0058
Street Address
3200 Rio Mirada Dr.
Bakersfield, CA 93308
(Distribution List)
Arvin-Edison WSD
Belridge WSD ~
Berrenda Mesa WD
Buena Vista WSD
Cawelo WD
City of Bakersfield
Delano-Earlimart ID
Henry Miller WD
Improvement Dist. #4
Kern Delta WD
Kem-Tulare WD
Lost Hills WD
North Kern WSD '
Rag Gulch'WD
Rosedale-Rio Bravo WSD
Semitropic WSD
Shafter-Wasco ID
So. San Joaquin MUD
Tehachapi-Cummings CWD
Tejon-Castac WD
West Kern WD
Wheeler Ridge-Maricopa WSD
Water Board Meeting October 14, 2004
9. MISCELLANEOUS
A. City Council Referral iD: Ref000924 Concerning Water Quality Update on California
Water Service Company Wells - For Board Information
Page 1 of 1
Referra Display
] ID: IRefOO0024
Requester: I?.~EP2S.~ .............. ~ Ward: I~ ~ Refeffal Created:
q. Compl~t,on Dat~: 1012012004 ~ ~eefin~: ~012~12004
...........................................................
Initial Refill Infomation
Sho~ Description:
WATER QUALI~ UPDATE
Long Description:
~'~aEFERmL TO WA~E~ BOARD***
WATER SERVICE COMPANY WELLS AT THE NEXT WATER BOARD MEETING. ~ Attachment A
Attachment B
k~ad: ~ ~i~nod 1o: Ro~pons~
~ / Water & Water ~ard
m (~) I I
Reassigned To: Response?
/~R~'(~)1 ......................................... J ~ I
Optional Citizen Contact Infomatio~
Name: Name:
I I
Address: Address:
Phone: Phone:
I'~ ~ I
http://ew~rk/eseripts/eweb.d~~/ef~~derf~rm~~ntents?F~~derID=~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 127&Lat... 10/4/2004
Water Board Meeting October 14, 2004
9. MISCELLANEOUS continued
B. Contribution to City Recreation & Parks Department Aquatic Safety program - For
Board Review and Action
IS YOUR CHILD SAFE?
WHAT YOU NEED DROWNINGS OCCUR AT ALL AGES...
_..?n KNOW-~. ~.~ --~. ~.AeReAePe INFANTS - AGES 0 -1 OLDER CHILDREN- Al;ES 5-15
hlformhtion Obtained From:
Thc bath is thc most common site of drowning From a~¢ $ to 15 years, children become mom
.~ffs~s ,~.~oc~,~t~ ~,,c. Aquatic Safety Awareness Program for this age chi]& ' mobile and adventurous, and spend more time
wwwdellis, com outside of the home environment.
U.S. Coast Guard
www. uscg. mil/bq/g-m/mse4/pfdcbild, htm TODDL~.RS - A6~$ 1-~ Only 13% of the drownings that occur to chil-
dren within this age range happen within the
F.A.I.P. The most common location for pre-schooler home environment.
www. aquaticisforg/prevention.htm drowning is the home. 56% of all toddler
¢.D.C. drownings occur within the home. Drowning sites for this age group include pools
other than home pools (13%), rivers (23%), surf
www. cdc.gov/ncipc/factsheets/drown, htm AQUATICSAFETY In the Bath Tub... beaches (8.5%), other salt water sites (26.5%)
The bath tub remains quite a common site of
Kidsafe Week 1999-Child Drowning and other fresh water sites (16%).
www. kidsafe, org INF0 RMA?I.,n N drowning for all toddlers aged 0-5, however it
becomes less likely as they get older.
Drowning Statistics
www. blakesplace, org At a Home Pool or Spa...
Around 41% of all under 5 drownings occur in ~_ ~h
home pools. Home Pool drowings are particu-
larly common among toddlers aged 1-3.
0 ~
At other Domestic Sites... o°O ~~~ ~t~
Past infancy, a toddler is at risk from water
around the home, in buckets, paddling pools
· ~ c~o~A~.~to and other containers.
~- Recreation
.:..n,.~....-,..,l &Par/cs ~ ~ ¢~om~smo
~'~'~'~°~"~'~ Recreation The toddler becomes less at risk from age 4
For More Infromation on A.S.A.P.: w,~, Resources Department &Parks upwards.
City of Bakersfield 4101 Truxtun Ave., Bakersfield, CA 93309 The other common sites of drowning for pre-
Department of Recreation & Parks Phone: (661) 326-FUNN schoolers include rivers (11%), streams and
(661) 326-FUNN Fax: (661) 852-2140 creeks (9%), pools other than home pools (5%),
www. ci. bakersfield, ca. us www.ci.bakersfield.ca.us various salt water sites (8%) and other fresh
water sites (11%).
YOU CAN PREVENT ACCIDENTS!
HELPING FAMILIES... WHAT PARENTS NEED TO KNOW SUPERVISE AROUND WATER... AT YOUR POOL 0R SPA...
An excitin9 program is being imple- Ta~k to your children Install a phone near the poo~ or spa
mented by the City of Bakersfield Recreation Talk to your children about unsafe water areas TOO of~:erx peaple say, If you receive a call, it is easier to supervise the
& parks and Water Departmentsl called the around'your house and neighborhood. This wi (:/l.ly ~ f:rlr a l~Cxlx:l." pool area with a phone fight there. If there is an
Aquatic Safety Awareness Program would include what the child should do in an _,~ll~r ~l.Lqt; a ~ ~ ~ ;al l 'it; emergency, there will not be a long delay
obtaining the phone from another part of the
(A.S.A.P.). emergency. ~ for a o__~ ld *co ~! house.
lhe ~oal of the proflram is to protect the Have your child wear a Red Cross Certified life
community's oreatest asset, youth. The jacket in and around rivers and lakes. DO not allow children to be alone'
Recreation and Parks Department and the near any water source. Install pool perimeter fencin§
Water Department are partners in the effort to This includes lakes, pools, bathtubs, buckets This is a very simple and quick fence that goes
reduce the drowning incidents in Kern and toilets. NEVER allow children near rivers around the outside of the pool, which will slow
County. ~ or canals, down young children at least long enough that
a short lapse in parental supervision or other
ASAP focuses on teaching children Youth floatation devises are not supervision will not be fatal.
about.water safety, aquatic awareness, and
aquatic-related injury prevention, babysitters
Arm floaters, inflatable rings, rafts, are not for Watch your house doors
Please take time to look over the infor- water safety. Even life jackets are not
mation provided. It may one day help prevent babysitters. An adult should always be present Most injuries occur when the child goes out of
the house without the knowledge of a parent or
a water related injury or drowning in your own when a child is in the water.
home. Your family should learn to swim adult. This often happens because a door is left
Enroll yourself and/or your children aged 4 open or is opened. Some house alarms are
If you have any questions, comments or and older in simming classes. The City of Keep smart children away from buck- useful in this area, because they will sound
when a door has been opened.
concerns about water safety or the Aquatic Bakersfield and other local agencies conduct ets containing Liquid
Safety Awareness Program, please call 326- swimming lessons for youth and adults at a
As with any water source buckets are extremely lViourtt Lifesaving devices near the
FUNN! very low cost during the year. dangerous, especially for curious toddlers. 5-
gallon industrial containers are a particular pool. or spa
( ' - ": leach your children these 5 water danger. Be sure to empty buckets when house- These are devises such as a life ring, pole,
~'~ "i/ ~, ~ safeBj rules: hold chores are done. rescue robe and rope.
~E~ ~ ~.::;~ _~_ ~_~,~ 1. Swim with a buddy in a supervised area.
~. ~ ' ~-?'~ 2. Be cool, follow the rule. Learn Infant and Adult CPR Keep pool water clear
..... ~~~ 3. Look before you leap. Learn CPR (cardio-pulmonary resusitation). In some accidents, pool water is so cloudy
~_'~- 4. Reach or throw, don't go. This is particularely important for pool owners the drowning victim is not readily seen, so they
...... 5. Don't just pack it, wear your jacket, and individuals who regularly participate in are not rescued in time.
water recreation.
Water Board Meeting October 14, 2004
11. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation. Closed Session Pursuant to
Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern
Delta Water District, et al, Tulare County Superior Court Case No. 96-172919
Sponsorship
ASAP
Aquatic Safety Awareness Program
We Create a Quality Community Through
People, Parks and Programs
DEPARTMENT OF RECREATION & PARKS
The City of Bakersfield, Department of Recreation and Parks strives daily to
create a quality community through people, parks and programs. The department
manages 43 parks, three community centers, 8 swimming pools, a spraypark and
various programs, events and classes for youth and adults.
One of our largest and most successful programs is aquatics. This program has
expanded to year round programming with lap swimming, pool parties, water polo,
spring swim lessons and aqua fitness. Summer programming also includes swim
lessons, swim team, diving and water polo camps and recreation swim to name a few.
More than 60,000 adults and children attended recreation swim this past summer. In
addition to teaching swim lessons, part of our year round programming includes
teaching the public the importance of being safe in and around water. This year we
would like to again expand this education program by taking aquatic safety to the
schools through the aquatic safety awareness program (ASAP).
ASAP PROGRAM
In 2001 alone, 859 children under the age of 15 died as a result of unintentional
drowning. In Kern County, this past summer, 8 people died in swimming pools.
Drowning is the second largest leading cause of unintentional injury related death
among children 1 through 14. Drowning is also a silent killer which can occur in a
matter of seconds.
The good news is that drowning incidents are preventable through education.
ASAP provides education and information to youth and their parents about water safety.
The mission of the program is to reduce the local drowning rates and encourage safe
family participation in aquatic recreation through education.
This program is directed towards children in kindergarten and the first grade.
The educational objective is to teach the five basic rules of aquatic safety. Trained
lifeguard professionals from the department of Recreation and Parks will deliver the one
hour course to elementary school classes.
The department is seeking corporate partners to assist in subsidizing this
important initiative for our community. Most people are not aware that drowning is such
a serious problem locally and the ASAP program sends the message that "we care and
we can make a difference" in our community.
SPONSORSHIP OPPORTUNITIES.
The following information outlines the benefits of these sponsorship levels:
SUPPORTING SPONSOR: $2,500
Benefits of this sponsorship:
* Recognition on all media releases as a supporting sponsor
* Name on all printed materials distributed to students, schools and parents
* Name listed as supporting sponsor in Recreation and Parks brochure, distributed to
over 55,000 residents
CONCLUSION
As a sponsor of the ASAP program, you will have the opportunity to demonstrate
to the Kern County community that you are a concerned corporate citizen. The
Department of Recreation and Parks believes that anything we can do to preserve one
of the community's most precious assets, youth, is a worthwhile effort. Please join us in
actively striving to reduce drowning incidents in Kern County ASAP.
City of Bakersfield
Department of Recreation and Parks
By STEVE E. SWENSON ?':: ~::' ::' :' ::i' ::i~.~ ~:: The father, Brandon Parsley, 30, an
Californian staff writer i executive chef at a retirement center,
e.malt: .~el~k~ald.c~m :~: ~:~,i: :':'::~:', explained what happened. He said he
Kern County has experienced an hadtakenhisglassesoffandturnedhis
i':~.~:.? .... attention to his youngest child while
unusually high number of swimming .:.:,~:?N~:~ Andrew played behind ~ The boy
pool drownings this year, the Kern ~::~::~ was wearing inflatable "water wings.'
County coro-
ner's staff report- In a matter of one to two minutes, he
ed Tuesday. turned around and saw the floalJes on
There have the side of the pooL "I then saw him on
been eight pool the bottom of the pool," he said.
drownings this His 9-year-old daughter helped her
year, five of them sister out of the pool as the father dove
involving chil- down about six feet and scooped up his
dren ages 5 and son. His elder daughter summoned her
under, i,::~ mother, Mary Lee, and both mother and
That com- ~ndrzw father performed CPR on their son.
pares with just "We never got a breath," he said.
one swimming pool drowning in each source: K~r. Co.nty co~o.er T.E C^U~O.N~. "It's absolutely heartbreaking tx)
of the past two years, three in 2001 and everyone who knows him," Parsley
four in 2000, the coroner's staff said. Robert Parsley drowned in a pool said, choking onhis words.
The latest Wagedy happened Mon- where he had Seen swinuning with his "His biggest dream was to start,
day evening, when 5-year-old Andrew father and two sisters, ages 3 and 9. l~ease tom to DROWNINGS! B4
B4 THE BAKERSfiELD CALIFORNIAN L(
DROWNINGS: year's incidents include three adult deaths
Con~nued from B1
kindergarten. He did flint yesterday Swimming pool safety
(Monday). We were i~ the pool cele-
brating what agood day he had. Pool safeguards
"He was a big, smiling, happy child. · install a fence or ot~er ~arrier, suct~ as a wall, around
the pool. The fence or barrier should t~e at least
He wanted to become a fireman like ~our feet high. It should have no foot- or
his grandfather. He loved to sing the hand-holds that could help a young child
Bible song at Pm~ama Baptkst Church." to climb it. Vertical fence slats should
be less than 4 inches apart to prevent
It looked like Andrew, who could a child from squeezing through. Fence
not swim, t~)ok offhis floaties, Parsley gates should I~e self*closing and
said. The incident happened in a pool self-latching.
at a relative's home in the 1800 block of · Install door alarms that produce an audit~le sound when door is unexpectedly
Frm~k Court. opened.
· Power safety covers over the pool may be used as an alternative to cloor
The boy's death is part of what alarms.
Supervish~g Deputy Coroner John Van · Steps arid ladders for above-ground pools should be secured and locked
Rcnsselaercalled"mtabnomtallylarge or removed when the pool is not in use.
ntm~ber of drow~fings for people of all Rules for pools
ages iii swimming pools." * Instruct baby sitters at)out potential pool hazards to young children.
He said there is no reason for rite · Never leave a child unsupervised near a pool.
high mmtber thisyear. · If a child is missing, check the pool first.
"Each one is a case of its own with · Do not allow a young child in the pool without an adult.
its own individual set of circum- · Do not use flotation devices as a substitute for supervision.
stances," Van Rensselaer said. · Never prop open the gate to a pool barrier.
q~/pic'a, lly, coroner's staff respond to · Keep rescue equipment I~y the pool.
· Remove toys from in and around the pool when it is not in use.
one or two swimming pool drownings · Learn
per year, he said.
'q~hey are all sad," he said, "especial- so,x~: o.s.
ly the children."
Thks year's incidents included fl~ree
adult deaths, all in their 30s. Two of theywemdoingy',crdworkandfellintoa 32, bumped iris head as he was swim-
them were wearing leaf blowers when Ridgecrest pool. 'rite boy went tlwough nth~g alone in a Bakersfield pool. He
they fell into pools, fourfencestlqathadbeenopenedtogivc was fotmd floating fit the pool hours
A breakdown' of each pool drown- his family access to the property, later by his roommate.
lng this year includes: June 21 -- Chloe Rose Border, 2, fell Aug. 6 -- Joel Hidalgo, 34 fell into a
Jan. 8 -- Daniel Resendiz, 30, was intoapoolinRosedalewhcnhermoth- Bakersfield pool while using a leaf
wearia~g a leaf blower when he appar- er went inside thc house to tzse the blower m~tl dro~qmd before he was
enfly fell in a pool in Bakersfield and bathroonc spotted by a co-worker.
drowneck He had a medical history of June 22 -- Haleema Boukflfir, 3, fell Aug. 11 -- Adrian Elijah Jimenez, 2,
seizures and it is possible he had one into a Delmto pool while her mother wandered oulside a~td through a nor-
before falling in the pool. thought she was asleep. 2q~c mother mallyclosedgatcataBakcrsfieldpool
~'Iay 31 -- De~ Wilson, 3, of Las was feeding another child at rite time. where hc (h'o~acd while Iris family
Vegas, w~mden4 away fi*om lfis family as July 25 -- Wilson Chtm-Tmg T~mg, was h~side thc home talkh~g.