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Home My WebLink About03/15/06 City of Bakersfield Water Board ~eeting of March 15, 2006 Kern River in the Canyon Water Resources File Packet B A K E R S F I E L D WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, March 15, 2006 - 2:00 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 January 18, 2006 meeting for approval - For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Potential Projects for California Infrastructure Improvement Program - For Board Information 6. REPORTS A. Kern River Operations Report - For Board Information 7. OLD BUSINESS A. 2005 Urban Water Management Plan Comments - For Board Information B. Kern River Channel Recharge and Recreation Agreement (Kern River Parkway) with Kern County Water Agency - For Board Information C. Domestic Water Availability Fees per Municipal Code 14.04.120- For Board Review and Recommendation to City Council WATER BOARD AGENDA PAGE 2 MARCH 15, 2006 8. NEW BUSINESS A. City of Bakersfield Domestic Water Division Proposed 2006-07 Rate Schedule - For Board Information B. City of Bakersfield Agricultural Water Price and Sand Sale Schedule for 2006-07 - For Board Review and Action 9. MISCELLANEOUS A. Aquatic Algae Control System for Truxtun Lakes - For Board Information 10. WATER BOARD STATEMENTS 11. ADJOURNMENT Florn Core ~ Water Resources Manager POSTED: March 10, 2006 S:\WB MINUTES 2005\WBAGENDAMar1506.doc Water Board Meeting March 15, 2006 3. MINUTES A. Minutes of the January 18, 2006 meeting for approval - For Board Review and Action MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, January 18, 2006 - 2:00 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 Chairman Couch at 2:00 p.m. 21 ROLL CALL Present: Chairman Couch, Member Scrivner Absent: Vice-Chairman Hanson 3. MINUTES A. Minutes of the December 19, 2005 Special Meeting for approval. Motion by Scrivner to approve the minutes. APPROVED, HANSON ABSENT ,' 4. PUBLIC STATEMENTS A. Correspondence was received from Dennis Fox regarding Paramount's Ponds. RECEIVED AND PLACED ON FILE. 5. KERN RIVER LEVEE DISTRICT A. Governor's Strategic Growth Plan for Levees. Water Resources Manager Core, stated the Governor has revealed a strategic growth plan that has provisions to strengthen, repair and maintain levees throughout the state of California,.particularly in Sacramento-San Joaquin River Delta, however this Could be statewide. The City of Bakersfield, as the Kern River Levee District, will be reviewing the existing levee system to submit into this program, to either strengthen, increase, lengthen or otherwise increase the flood protection from our levee system through the City of Bakersfield. No action taken. Board Member Scrivner distributed an article from the San Franc/sco Chronicle newspaper regarding Republican law makers' support on relaxation of environmental review of levee and flood control projects. 6. REPORTS A. Kern River Operations Report - For Board Information Steve Lafond, Hydrographic Supervisor, gave a brief update. No Action Taken. Bakersfield, California, January 18, 2006 - Page 2 7. OLD BUSINESS A. Kern River Recharge and Recreation Water Management Agreement (Kern River Parkway) with Kern County Water Agency. Water Resources Manager Core stated staff has met with the Agency three times since December and a new draft was received yesterday. The water committed to river flows by both parties will remain the same. The final draft is targeted for Water Board review at the schedule March meeting. No action taken. B. Domestic Water Availability Fees per Municipal Code 14.04.120. Maurice Randall, Business Manager, stated this item was first brought before the Water Board at the August, 2005, meeting. Mr. Randall stated there is a need to increase the Availability Fee. Fees have not been adjusted since early 1980's. The current fee is $2,000 per acre. Based on increased cost for wells and other facilities, a study was completed and the new cost recommendation is $5,200 per acre. The fees will be phase in over a two year period. Each increase WOuld be $800.00, the first increase would be July 1, 2006; January 1, 2007; July 1, 2007; and the final January 2008. Upon reaching the $5,200 the fee would be adjusted annually using the Construction Cost Index. Staff is also updating the ordinance that has not been changed since 1983. Section A. refers to the monthly water rates; Section B. refers to Availability Fees and construction costs. The ordinance would be brought back to the Water Board each year with the new calculated fee. Staff requests direction from the Water Board to meet with the Building Industry Association and building community to update and communicate the proposed changes. Staff will bring this item back to the Water Board at the March meeting, with a recommendation to the City Council in March or April. Motion by Couch to direct staff to meet with the Building Industry Association to update and communicate the proposed changes; and at staff's discretion forward the ordinance to the City Council or refer it back to the Water Board. APPROVED, HANSON ABSENT. Chairman Couch requested staff contact Member Hanson and update him on this item. 8. NEW BUSINESS A. Independent Contractor's Agreement with Trans-West Security Services to Provide Security Patrol Services for City Water Facilities. Motion by Couch to approve Agreement No. 06-02WB with Trans-West Security Services. APPROVED, HANSON ABSENT Bakersfield, California, January 18, 2006 - Page 3 9. MISCELLANEOUS A. Proposed Water Board meeting calendar for 2006. Motion by Scrivner to approve the Water Board calendar for 2006. APPROVED, HANSON ABSENT. 10. WATER BOARD STATEMENTS Chairman Couch recognized Anne Mathews, who asked if the Kern County Water Agency and the City could work together and save money for security patrol. Water Resources Manager Core responded and stated the current security service also patrols for the Agency, which was working out well. Informal bids were received and a qualified group, at a lesser rate was accepted by the City. 11. CLOSED SESSION Chairman Couch recessed to Closed Session at 2:20 p.m. 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 Chairman Couch adjourned from Closed Session at 2:20 p.m. Chairman Couch announced there was no reportable action taken in Closed Session. 12. · ADJOURNMENT Chairman Couch adjourned the meeting at 2:34 p.m. David Couch, Chairman City of Bakersfield Water Board Bobble Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting March 15, 2006 5. KERN RIVER LEVEE DISTRICT A. Potential Projects for California Infrastructure Improvement Program - For Board Information I Florn C.,~re - Kern River Levee and Floodplain Page 1 I From: Florn Core To: Zack. Scrivner@asm.ca.gov Date: 3/2/2006 11:36:16 AM Subject: Kern River Levee and Floodplain Zack: As requested and suggested from the City Water Board meeting of January 18, 2006, the following is a list for Bakersfield's Kern River Levee and flood control system potential needs and funding from the Governor's Strategic Growth Plan proposals and other legislation. This list is from Water Resources staff review of the existing levee, flood control operations criteria and perusing several pieces of pending legislation concerning levee repairs, maintenance and flood plain studies. * Pending legislation, namely AB 802 (Wolk), will require city and county general plans to include an assessment of the risk to life and property from reasonably foreseeable flooding from a flooding event that has a one in two hundred chance of occurring in any given year. Simply stated it is a 200 year flood event. Our current flood plain studies on the Kern River through Bakersfield are based upon the 100 year event. This provision will require a complete revamp and study of the 200 year flood event of the Kern through Bakersfield. The study should delineate "no build zones", potential flooding areas and suggested criteria for setting floodplain limits. The cost for this is most likely in the range of $1,000,000 to $1,500,000. * A review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) through Bakersfield indicate there are short stretches of the Kern River levee system that may be susceptible to overtopping if there were any exceedance of the 100 year flood event. Remedial levee upgrades in these areas would require survey, design and construction work. We would also request that FEMA review and revise the FIRM plats to reflect the modifications. Estimated repair/upgrade work costs for raising portions of the levee are $3,000,000 to $5,000,000. However, if provisions of AB 802 take effect, costs for full re-inforcement to a 200 year capability could be as high as $60,000,000. * The Kern River Levee system is maintained by the City of Bakersfield Water Resources Department. Most ongoing maintenance is performed with existing departmental equipment and staff. Emergency repair needs are usually performed by construction contractors and City workers. An Emergency Flood Operations Center equipped with appropriate heavy equipment and supplies would give the City a higher level of readiness and assurances in limiting or containing flood damages. Estimate for minimum structure, equipment and supplies is $1,750,000. * The Kern River Channel Maintenance Plan was adopted in 1985. The plan was Master Plan for channel maintenance through phased river channel sand and soil removal, through the clearance of vegetation which could impede flood flows and appropriate operation of river flow diversion facilities. The plan needs to be reviewed and updated due to changes in environmental overview by federal and state jurisdictions, state-wide heightenened awareness of potential flooding and the importance of the river channel in carrying flood flows, enhancing water supplies (groundwater percolation), environmental habitat and the co-existance with the Kern River Levee system. Estimated costs for review and update $500,000. * A large portion of Bakersfield has relatively little topographic relief, necessitating neighborhood drainage basins, or sumps, that dot the City to control stormwater. In many cases, these basins perform double-duty in that the storm water is captured and allowed to seep into the groundwater basin, thus can become a useable water supply to our area. An expansion of the capture of stormwaters to the basins could have a twin benefit of reducing local flooding and being more efficient in collecting and retaining water supplies. The enlarging of the drainage basin system, the collection pipeline network, pumping plants and with the addition of passive treatment facilities to "scrub" the storm runoff prior to percolating into the groundwater aquifer would be a great benefit to Bakersfield. An additional bonus would be a potential lesser reliance on Delta water supplies. Initial studies and design costs of $750,000 and eventual construction costs could be in the $2,500,000 to $4,000,000 range. Florn Core - Kern River Levee and Floodplain ~ge 2 I Florn Core Water Resources Manager City of Bakersfield 1000 Buena Vista Road Bakersfield, CA 93311 (661) 326-3715 (661) 852-2127 (fax) CC: Alan Tandy; david.r.couCh@smithbarney, com; Mark Lambert; Stuart Patteson Water Board Meeting March 15, 2006 6. REPORTS A. Kern River Operations Report - For Board Information KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX March 8, 2006 40.0 ,, ,, ~ge7-~998 |I 242% A-J ' ............................... i_ C_ 30.0 - '-. 25.0 · Average o 100% of April 1 Average · 20.0 ............................ ' - ' .... o 12004-2005p_---~ ; /_ ~: 15.0 ............... I 1999'2000 I 65% A-d 10.0 ................. 1998-1999 54% A-J 0.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT ISABELLA RESERVOIR DAILY OPERATIONS REPORT (All readings are for date of report (WEDNESDAY) as of 0001, except as noted.., cfs in italics) Date of Report: March 8, 2006 ISABELLA RESERVOIR I 2573.37 Lake Elevation (ft.) 258623 Storage (AcFt) + 1537 Change (AcFt) 1078 Inflow to Isabella (cfs) 2 568075 Storage Capacity 46% % of Capacity 176438 Normal Storage 147% % of Normal Storage For this Date 3 7684 Average Lake Area (Acres) 15102 Inflow (Month AcFt) 4332 Outflow (Month AcFt) 4 927 North Fork Mean 845 North Fork @ 0600 Hours 175186 Accumulative Inflow (2006 Water Year) 5 301 Mean Outflow 284 Borel Canal 17 Main Dam Outlet 207697 Accum. Outflow (WY) 6 301 Outflow @ 0600 284 Borel Canal @ 0600 Hours 17 Main Dam Outlet @ 0600 Hours Hours 7 2 Lake Evap. (cfs) 0.01 Inches Evap. for 24 Hours 196 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 172 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.16 Inches of Precipitation at Isabella for 24 Hours 0.57 Inches of Precipitation at Isabella for Month 10 9.85 Seasonal Precip. Isabella 7.50 Normal for 131% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 0.70 Inches of Precipitation at Pascoe for 24 Hours 3.40 Inches of Precipitation at Pascoe for Month 12 23.70 Seasonal Precip. Pascoe 26.15 Normal for 91% Pascoe Precip. this Date % of Normal 13 22.8 Upper Tyndall Creek 25.5 Pascoe 26.7 Wet Meadow 14 48 Isabella Maximum Temperature 1.29 Isabella Max. Precip. on Record For this Date 1986 Year of Occurrence 15 40 Isabella Minimum Temperature 117 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 1141 Natural Flow (cfs) 15985 Natural Flow (Month to Date) 108392 2006 Jan-Mar Runoff 17 916 Mean Flow 125% Natural Flow 646 Median Flow 177% Natural Flow For this Date in % of Mean For this Date in % of Median 18 6204 Max. on Record 191 Min. on Record 187514 Accum. Natural Flow (Water Year) 19 1986 Year of Occurrence 1977 Year of Occurrence 20 364 First Point Flow 5215 First Point (Month to Date) 220050 Accum. First Point (Water Year) KERN RIVER FACTS & FIGURES: · athisdate in 1986 Isabella, California was deluged with 1.29" of precipitation. , eve the Isabella Reservoir, the Pascoe remote snow sensor site registered 4.5, 8 ~, K ~ , s ~ ] ~ ~ Iding an abrupt rise on Kern River North Fork to a peak instantaneous discharge of Produced by City of Bakersfield 8,830 cfs as of 5:00 p.m. of the 8th. Maximum flow of South Fork Kern River reached 1,06'7 Water Resources Department cfs near Onyx, contributing to an all-time record high mean flow for March 8th of 6,204 cfs. (661) 326-3715 KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2005 - 2006 WATER YEAR 2500 . '* .......... , ......... , 600,000 2608.25 Ft.) 550,000 2250 ......... ' ......................................................... - .................. 2603.91 Ft.) Isabella Storage 2000 ~. 500,000 2599~38 Ft.) 450,000 2594.62 1750 Ft,) 400,000 2589.60 Ft.)l~. 1500 350,000 1250 -- 300,000 ~578.~ Ft.)~,~, 1000 250,000 - - - 2572.24 Ft.) ~:_ v_ oo,ooo ............ ...... I --:' ...... ~'~ 750 , ,~: : ~ ........ ' .......... -' ...... ~ .......... ' ] ,,~ ~% . ~, ~ Normal I ~ ! I~ ~,,i~,,~ ~. ~/"~,~ .,Il · Isabella Storage 150,000 , - ----~ -__~'- · , ' 100,000 '_ 250 '--- .... '- - ~l;;;la-t;~-Flo;- .......... '-'2-- 25a~.~ Ftj Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Sep-06 ~20 (03/08/06 ~22~) Department of Water Resources California Cooperative Snow Surveys Mar 1, 2006 FORECAST OF UNIMPAIRED RUNOFF (in thousands of acre-feet) April-July Forecast April Percent 80% thru of Probability July Average Range NORTH COAST Trinity River at Lewiston Lake 720 109% Scott River near Fort Jones 200 100% SACRAMENTO RIVER Sacramento River above Shasta Lake 300 100% McCloud River above Shasta Lake 440 110% Pit River above Shasta Lake 1120 103% Total inflow to Shasta Lake 1960 106% 1430 - 2730 Sacramento River above Bend Bridge 2580 102% 1850 - 3790 Feather River at Oroville 1600 86% 1060 - 2560 Yuba River at Smartville 910 87% 570 - 1460 American River below Folsom Lake 1150 90% 710 - 1860 SAN JOAQUIN RIVER Cosumnes River at Michigan Bar 105 81% 55 - 205 Mokelumne River inflow to Pardee 490 105% 360 - 720 Stanislaus River below Goodwin Res. 780 109% 580 - 1100 Tuolumne River below La Grange 1310 106% 1030 - 1800 Merced River below Merced Falls 650 103% 530 - 950 San Joaquin River inflow to Millerton Lk 1270 101% 920 - 1780 TULARE LAKE Kings River below Pine Flat Res. 1210 98% 890 - 1670 Kaweah River below Terminus Res. 235 81% 155 - 380 Tule River below Lake Success 37 57% 19 - 79 Kern River inflow to Lake Isabella 370 79% 250 - 610' NORTH LAHONTAN Truckee River,Tahoe to Farad accretions 250 92% Lake Tahoe Rise, in feet 1.2 83% West Carson River at Woodfords 67 120% East Carson River near Gardnerville 225 118% West Walker River below Little Walker 200 130% East Walker River near Bridgeport 90 138% Water-Year Forecast and Monthly Distribution Oct Aug Water 80% thru Feb Mar Apr May Jun Jul & Year Probability Jan Sep Range Inflow to Shasta 3125 825 900 770 580 360 250 400 7210 6325 - 8495 Sacramento, Bend 5125 1335 1240 1050 730 470 330 525 10805 9575 - 12845 Feather, Oroville 2625 725 525 630 550 280 140 190 5665 4880 - 7055 Yuba, Smartville 1435 405 280 340 350 170 50 45 3075 2650 - 3825 American, Folsom 1515 475 340 380 480 240 50 25 3505 2920 - 4440 Cosumnes, Mich. Bar 208 60 60 55 35 13 2 2 435 355 - 595 Mokelumne, Pardee 280 85 75 130 210 130 20 10 940 780 - 1210 Stanislaus, Gdw. 445 135 110 220 300 200 60 20 1490 1270 - 1880 Tuolumne, LaGrange 530 150 170 300 490 410 110 30 2190 1870 - 2800 Merced, McClure 210 75 80 150 270 180 50 15 1030 890 - 1420 San Joaquin, Mil. 315 110 115 230 460 410 170 60 1870 1470 - 2460 Kings, Pine Flat 245 80 95 210 440 400 160 50 1680 1310 - 2200 Kaweah, Terminus 77 26 35 55 90 70 20 8 381 280 - 560 Tule, Success 32 7 15 15 14 6 2 2 93 65 - 155 Kern, Isabella 125 35 40 85 130 110 45 35 605 450 - 9001 Notes: 50 year averages are based on years 1951 to 2000. Unimpaired runoff represents the natural water production of a river basin, unaltered by upstream diversions, storage, or by export or import of water to or from other watersheds. Forecasted runoff assumes median conditions subsequent to the date of forecast. Runoff probability ranges are statistically derived from historical data. The 80% probability range is comprised of the 90% exceedence level value and the 10% exceedence level value. The actual runoff should fall within the stated limits eight times out of ten. Water Board Meeting March 15, 2006 7. OLD BUSINESS A. 2005 Urban Water Management Plan Comments - For Board Information .i GovLoc/COB December 22, 2005 Mr. Timothy P. Ruiz General Manager East Niles Community Services District P.O. Box 6038 Bakersfield, CA 93386 RE: Review of East Niles Community Services District's Draft Urban Water Management Plan, December.8, 2005 Dear Tim: · The Kern County Water Agency (Agency) is pleased to provide comments on East Niles Community Services District's (ENCSD) draft Urban Water Management Plan (UWMP). The Agency has provided comments on most of the UWMPs prepared by urban purveyors. The Agency's comments are designed to strengthen the UWMPs prepared by Kern County water suppliers. Generally, ENCSD's UWMP is very easy to follow, since it follows the order and formatting recommended by the State Department of Water Resources in its "Guidebook to Assist Water Suppliers in the Preparation of a 2005 Urban Water Management Plan," dated January 18, 2005. Under Section 2.02(b) "Water Sources - Groundwater Banking" reference is made to the Improvement District No. 4's (ID4) UWMP and the reliability statement demonstrating that ID4 is capable of delivering 100% of its total annual water supply under all single and multiple dry-year scenarios. While ID4 is capable of delivering its total annual water supply, ENCSD should acknowledge that Article 12B of the Treated Water Agreements require requires a separate agreement between ID4 and ENCSD to access the ID4 groundwater banking projects to prevent shortages. ID4 will be expediting the development of these agreements with interested parties in 2006. If you have any questions, feel free to call me or Eric Averett at 634-1400. Sincerely, James M. Beck General Manager xc: KCWA Board of Directors North of the River Municipal Water District Oildale Mutual Water Company California Water Service City of Bakersfield Kern Delta Water District County of Kern GovLoc/NOR ~ December 20, 2005 Mr. Bill Miller General Manager North oftbe River Municipal Water District 4000 Rio Del Notre St. Directors: Bakersfield, CA 93308 Fred L. Starrh Division 1 RE: Review of North of the River Municipal Water District's Draft Urban Terry Rogers Water Management Plan, December 20, 2005 Division 2 Peter Frick Dear Bill: Division 3 The Kern County Water Agency (Agency) is pleased to provide comments on Michael Radon North of the River Municipal Water District's (NOR) draft Urban Water President Division 4 Management Plan (UWMP). Our goal in offering these written comments is to work with NOR in obtaining a better understanding of the complicated water Adrienne J. Mathews supply system that we both deal with. The Agency has provided comments on Division 5 all of the UWMPs that have been prepared by urban purveyors who have been Lawrence P. Gallaghm' participating in our local groundwater mediation effort. The Agency's comments Division 6 are designed to strengthen the UWMPs prepared by Kern County water suppliers. Gene A. Lundquist Vice President Generally, NOR's UWMP is very easy to follow, since it follows the order and Division 7 formatting recommended by the State Department of Water Resources in its "Guidebook to Assist Water Suppliers in the Preparation of a 2005 Urban.Water James M. Beck Management Plan," dated JanuaE¢ 18, 2005. As a result, most of the Agency's General Manager comments are of a clean-up nature. Arodia T. Minabcrrigarai Gcncral Counsel General Table 3 ofNOR's UWMP lists minimum average temperatures twice. It appears the second listing should be labeled maximum average temperatures. Table 4 shows a current treated water supply of 15,000 aere-feet of water from Improvement District No. 4 (1134). The new treated water contract uses Exhibit D to identify the amounts of water available to each Purveyor through 2030. Table 4 should match the schedule as provided in Exhibit D of the Treated Water Agreement. On Page 5 reference is made lo the purchase of additional entitlement by ID4 from Wheeler Ridge-Maricopa Water Storage District. This entitlement was transferred to ID4 at no cost to ID4. NOR indicates that a 60% factor is used to determine the amount of water used in landscaping irrigation. This number is slightly lower than other comparable areas. We recommend a range of 65-75% for landscape irrigation (dependent upon lot sizes within NOR) with the 661/634-1400 remainder 25-35% interior use. Mailing Address RO. Box 5S Under Reliability of Supply, NOR references the ID4 UWMP and the reliability Bakersfield, CA 93302-0058 statement demonstrating that ID4 is capable of delivering 100% of its total Street Address 3200 Rio Mirada Dr. Bakersfield, CA 93308 Mr. Bill Miller Review of North of the River Municipal Water District Draft Urban Water Management Plan December 20, 2005 Page 2 annual water supply under all single and multiple dry-year scenarios. While ID4 is capable of delivering its total annual water supply, NOR should acknowledge that Article 12B of the Treated Water Agreements require a separate agreement between ID4 and NOR to access the 1D4 groundwater banking projects to prevent shortages. ID4 will be expediting the development of these agreements with interested parties in 2006. Table 12 shows unmetered accounts will be unchanged from 2000 to 2030. Assembly Bill 2572 (Kehoe) requires all water suppliers, by January 1, 2025, to install water meters on all connections in its service area. AB 2572 was chaptered on September 29, 2004. Meeting the requirements of AB 2572 will require NOR to develop a meter relxofit program. This should be factored into Table 12. Policy Under "Step 3 - Groundwater" the statement is made that ID4 is essentially in hydrologic balance; however, the larger groundwater basin within the San Joaquin Valley is not in hydrologic balance. Groundwater pumping rights are shown as accruing to the "Oildale sub-unit of the Southern San Joaquin Valley." ID4's water supplies have been allocated via the ~xeated water contracts. References to ID4's water supplies should be made in this context, rather than the context that ID4 represents a unique sub-unit of the San Joaquin Valley basin. If you have any questions, feel free to call me or Eric Averett at 634-1400. Sincerely, James M. Beck General Manager xc: KCWA Board of Directors Oildale Mutual Water Company County of Kern GovLoc/NOR December 20, 2005 Mr. Bill Miller General Manager North of the River Municipal Water District 4000 Rio Del Notre St. Directors: Bakersfield, CA 93308 Fred L. Starrh Division I RE: Review of North of the River Municipal Water District's Draft Urban Terry Rogers Water Management Plan, December 20, 2005 Division 2 Peter Frick Dear Bill: Division 3 Michael Radon The Kem County Water Agency (Agency) is submitting our comments to the President North of the River Municipal Water District's (NOR) draft Urban Water Division 4 Management Plan (UWMP). It is our understanding that our comments have been reviewed by NOR and through discussions with Agency staffhave been Adrienn~ J. Mathews found acceptable for inclusion into the final NOR UWMP. We anticipate that the Division 5 final NOR UWMP will reflect our mutual understanding of the Agency's Lawrence P. Gallagher comments, as submitted. Division 6 Gene A.l.undquist If you have any questions, feel free to call me or Eric Averett at 634-1400. Vice President Division 7 Sincerely, General Manager Amelia T. Minaberrigarai S General Counsel '/ General Manager xc: KCWA Board of Directors Oildale Mutual Water Company County of Kern 661/634-1400 · Mailing Address EO. Box 58 Bakersfield, CA 93302-0058 Street Address 3200 Rio Mirada Dr. Bakersfield, CA 93308 GovLo¢/OMWC December 28, 2005 Mr. Doug Nunneley General Manager Oildale Mutual Water Company P.O. Box 5638 Directors: Bakersfield, CA 93388 Fred I... Starrh Division I RE: Review of Oildale Mutual Water Company's Draft Urban Water Terry Rogers Management Plan Division 2 Peter Frick Dear Doug: Division 3 Michael Radon The Kern County Water Agency (Agency) is pleased to provide comments on President Oildale Mutual Water Company's (OMWC) draft Urban Water Management Division 4 Plan (UWMP). Our goal in offering these written comments is to work with OMWC in obtaining a better understanding of the complicated water supply Adrienne J. Mathews Division 5 system that we both deal with. The Agency has provided comments on all of the UWMPs that have been prepared by urban purveyors who have been [anvrence E Gallagher participating in our local groundwater mediation effort. The Ageucy's comments Division 6 are designed to strengthen the UWMF's prepared by Kern County water supp iers Gene A. Lundquist Vk'e President Tables 13 and 13a provide a water balance for the OMWC system service area as Diviskm 7 well as the southeast Shafler development. Wastewater return is accounted for in the water balauce as a supply for both of these service areas. At this time, no James M. Beck decisions have been.made on whether a gencrator can claim wastewater flows or General Managcr how much can be counted by the generator. Amelia T Minaberrit,,atai General Counsel Also, Table 13 includes a safe yield of 0.1 acre-feet per acre. While this is not an appreciable supply component and OMWC has acknowledged the current mediation efforts surrounding this issue, thc Agency questions whether safe yield can be counted as a depeudable water supply in an unbalanced basin. The Agency recommends that OMWC eliminate safe yield from its water balance calcnlations. If you have any questions, feel fi'ce to call me or Eric Averett at 634-1400. General Manager 661/634-1400 cc: KCWA Board of Directors Mailing Address North Kern WSD ~0. ~o~ 5~ City of Shafter Bakersfield. CA 93302-0058 North of thc River Municipal Water Dislrict Street Address 3200 Rio Mirada Dr. B=kersfield, CA 93308 WatDtst/Yaughn December 28, 2005 Mr. Michael Huhn General Manager Vaughn Water Company Directors: 10014 Glenn St Bakersfield, CA 93312-2763 Fred L. Starrh Division I RE: Review of Vaughn Water Company's Draft Urban Water Management 'l~rry Rogers Plan 2005 Division 2 Peter Frick Dear Michael: Division 3 Michael Radon The Kern County Water Agency (Agency) is pleased to provide comments ou President Vaughn Water Company's (Vaughn) Urban Water Management Plan (UWMP). DMsion 4 Our goal in offering these written comments is to work with Vaughn in obtaining Adrienne j. Mathews a better understanding of the complicated water supply system that we both deal Division 5 with. The Agency has provided comments on all of the UWMPs that have been prepared by urban purveyors who have been participating in our local I.awrcnce I~ Gallagher groundwater mediation effort. The Agency's comments are designed to Division 6 strengthen the UWMPs prepared by Kern County water suppliers. Gene A. Lundquist Vice Presldem Generally, Vaughn's U WMP is easy to understand, since it follows the order and Division 7 formatting recommended by the State Department of Water Resources.in its "Guidebook to Assist Water Suppliers in the Preparation ora 2005 Urban Water James M, Beck Management Plan," dated January 18, 2005. General Manager Amelia T Minaberrigarai Qt_h..er_De. mogr.aphic Factors: Vaughn describes water quality improvemeuts General (.;om~sel associated with wet years and spreading activities in the Kern River Channel. According to the Safe Drinking Water Act, this would indicate that Vaughn's wells are under the direct influence of surface waler and therefore require filtration as well as disinfectiou. Past DrouRht, Water Demand, and Conservation Information: Vaughn references normal or slightly above normal precipitation helping the groundwater table to recover. A much larger role was played by importation of State Water Project water and recharge activities associated with that source. The UWMP should recognize the direct recharge activities of surrounding water districts. Water Supply Sources: Groundwater/Surface Water: The UWMP requires each water supplier to identify the basin it pumps from and to state whether the basin is in overdraft. Additionally, the UWMP requires that water suppliers within an overdrafted basin "describe in detail 3,our plan to eliminate the overdraft condition.". Vaughn's UWMP does not provide this information. Additionally, 661/634-1400 when groundwater is the source, the UWMP should include information, of Mailing Address projected cones of depression, changes in direction of contaminants, projected I:O. Bo× 58 annual recharge, as well as other factors. The Agency was ur/able to find this Bakersfield, CA 933024)058 information contained within Vaughn's UWMP. Street Address 3200 Rio Mirada Dr. Bakersfteld, CA 93308 Mr. Michael Huhn Review of Vaughn Water Company Draft Urban Water Management Plan December 20, 2005 Page 2 of 3 Factors Resulting in Inconsistency of Supply: Vaughn identified arsenic as a potential constituent of concern. An analysis of the potential impacts from shutting in the two wells that exceed the existing 2006 Arsenic Maximum Contaminant Level (MCL) as well as potential impacts related to future groundwater production should be included. Vaughn references its use of sodium hypochlorite for public health protection against bacteria. Sodium hypochlorite is used to protect the public against pathogenic microorganisms such as bacteria, virus, as well as protozoa. Table 6 "Current and Plam~ed Water Supplies" shows water supplies from Improvement District No. 4 (ID4) and Rosedale-Rio Bravo Water Storage District (RRBWSD) equal to supplier- produced groundwater from 2005 through 2035. The derivation of these equal amounts of surface water and groundwater is not explained. Except for the treated water contracts, the water supply assets of ID4 have not been allocated to specific water purveyors. ID4 recently entered into contracts with purveyors to expand the Henry C. Garnett'Water Purification Plant and provide greater amounts of treated surface water. Vaughn's UWMP should acknowledge that the water supply from ID4 is not a specific amount. Table 8 "Vanghn Water Company Return Flow Calculation" uses a factor of 95 percent as the amount of interior water use that returns to groundwater. Page 6 of the Water Use Study assumes 95 percent of the water is lost to the groundwater basin. Table 5 of the Water Use Study likewise assumes 95 percent of interior water use is lost. These values need to be reconciled and appropriate tables updated. Additionally, Vaughn shows that 25% of the water used is for interior use with the remainder for exterior water use. A large portion of the existing Vaughn service area consists of large sized lots, which require substantially more exterior water use than the average residential lot. This information should be reflected in thc existing Vaughn water demand analysis as well as the projected water demands through 2025. Table 8 also assumes a total effective precipitation of 10 percent of rainfall. In earlier discussions with Vaughn and other water purveyors in Kern County, the Agency recommended using three percent of rainfall for effective precipitation. The Agency recognizes there is uncertainty in how much rainfall in an urban setting is actually effective. Table 9 "Vaughn Water Company Water Balance" conflicts with Table 6. Total demands and groundwater pumping range from 10,700 acre-feet in 2005 to 19,600 acm-feet in 2025. The water supplies available to Vaughn on Table 6 show twice this amount, even though the UWMP specifies that Vaughn's entire water supply is derived fi'om groundwater. The return flows from interior water nsc are mostly sewemd and treated by either the City of Bakersfield or the North of the River Sanitation District. These wastewater treatment plants are exports from Vaughn's service area, which is recognized in the UWMP. The amount of wastewater that can be counted by Vaughn is a policy matter that has not been decided. Vaughn's UWMP should reflect the uncertainty regarding accounting for wastewater generated within the service area that is exported to wastewater treatment plants outside the service area. Also, RRBWSD has stated that an agreement between it and Vaughn assigns all returns to groundwater to RRBWSD. This would eliminate Vaughn's ability to count wastewater. Mr. Michael Hahn Review of Vaughn Water Company Draft Urban Water Management Plan December 20, 2005 Page 3 of 3 If you have any questions, feel free to call me or Eric Avcrett at 634-1400. S~rely, ~ cc: KCWA Board of Directors Rosedale-Rio Bravo Water Storage Dis~'ict City of Bakersfield Coanty of Kern GovLoc/Shafier December 22, 2005 Mr. John Guinn City of Shafter 336 Pacific Ave Shafter, CA 93263 RE: Comments on City of Shafter Draft Urban Water Management Plan 2005 Dear Mr. Guinn, The Kem County Water Agency (Agency) is pleased to provide comments on the City of Shafter's (Shafter) draft Urban Water Management Plan (UWMP). The Agency has provided comments on most of the UWMPs prepared by urban purveyors. The Agency's comments are designed to strengthen the UWMPs prepared by Kern County water suppliers. Water Supply Hydrographs provided in the plan show that groundwater levels in the Shafter area have trended downward since 1987. This suggests that groundwater may not be a long-term reliable supply for Shafter, especially considering the fact that pumping is projected to increase roughly 10 times over the next 20 years. Also, references to groundwater banking storage exceeding 3.9 million acre-feet in 2000 are irrelevant to Shafter's groundwater conditions, since this water is legally owned by. the bankers. In order to provide a more accurate picture of the reliability of groundwater to Shafier, it would be useful to estimate groundwater levels without consideration of the 3.9 million acre-feet. Shafter's UWMP includes treated wastewater as a supply. The amount of wastewater that can be counted by ShaRer is a policy matter that has not been decided. Shafier's UWMP should reflect the uncertainty regarding accounting for wastewater, especially wastewater that is generated within the service area that is exported to wastewater treatment plants outside the service area. Demand Management Section 2.7 "Demand Management Measures" appears to the Agency to be weak. No discussion is provided on the costs and potential benefits of any demand management measures planned for implementation. Consequently, this section does not meet the requirements set forth in Water Code Section 10631. Also, the justification for delaying implementation of demand management measures to 2010 or 2015 is unexplained. Groundwater Mediation Table 10 "Net Groundwater Demand" uses factors that are inconsistent with the groundwater mediation discussions. One of the primary purposes of the urban groundwater mediation track is to come to agreement on a set of common Comments on City of Shafier Draft Urban Water Management Plan 2005 December 22, 2005 Page 2 assumptions for computing water balances for the UWMPs. The Agency recalls that safe yield groundwater pumping would not be considered in the UWMPs (Shafier includes safe yield of 8.5% of demand) and effective rainfall was agreed to as three percent of rainfall, rather than the flat 10% of demand shown in Shafier's plan. Considering the cumulative effect of the factors used by Shafter compared to the groundwater mediation discussions, shafter's net groundwater demands could be understated by roughly 30%. Thank you for the opportunity to provide comments on your Urban Water Management Plan 2005. If you have any questions, please contact Lloyd Fryer at (661) 634-1446. Sincerely, Curtis Creel. Assistant Water Resources Manager Xc: North Kern WSD Semitropic WSD Rosedale-Rio Bravo WSD Cawelo WD Shafter-Wasco ID GROUNDWATER ISSUES COMMITTEE 33141 E. LERDO HIGHWAY BAKERSFIELD, CA93308 ~ ~ (~ ~ ~ ~ ~ ~'HAR 1 4 ~00§ , Mm-ch 14, 2006 CITY OF BAKERSFIELD WATER RESOURCES City of Bakersfield Water Board Gentlemen: While we applaud the Water Board's decision to extend the comment period on their December, 2005 Urban Water Management Plan (Plan), we have concerns, both about the scope of the Plan and the way that the Board has directed staff to receive and respond to comments. While we acknowledge that the City of Bakersfield's Plan only deals with their direct connections, we question whether this is appropriate. A narrow interpretation of the legal requirements may lead to a Plan restricted to the City's direct connections, but we see an overwhelming need for the City to develop a comprehensive water plan which would address both the current situation, as well as indicate how the future needs are to be met for the whole urban Bakersfield area. The generation of such a plan is particularly important because examination of the other urban water contractor's Plans make it plain that many of them are relying on Improvement District No. 4 (ID4) of the Kern County Water Agencyto increase their water supplies, and we believe that ID4 may not be in a position to provide this additional water. We also do not understand how the City, or indeed the County, can consider updating their General Plans, as has been mentioned in the press, without knowing the source of water for future development. We further believe that any plan needs to be developed in an open manner and involve the other interested parties who share the water basin. The approach that the City Water Department has followed in developing their current Plan, publishing it without peer review and without ongoing consultation with others that share many of their sources of supply is inconsistent with the intentions of the Urban Water Management Planning Act and is ineffective. The same can be said for the report from the Water Board to the members of the City Council (Report No. 1-05) dated July 13, 2005. It is adequate and the basis for the conclusions need to be peer City of Bakersfield Water Board March 14, 2006 Page Two reviewed. Water supplies and underground water storage are extraordinarily complex and affected by the activities of all the water users in the basin. We therefore believe that the only practical way to work through all the potential issues and produce a comprehensive and valid Plan is to continuously consult with neighbors in a collaborative process. Perhaps the greatest asset that Kern County has is the groundwater basin that extends south from the County line down to the Mettler area on the center and east side of the San Joaquin Valley. For years this groundwater basin has supported the City of Bakersfield and much of the agriculture in Kern County. In the 1960's and early 1970's there was concern about the depletion of the basin. This led to the formation of the Kern County Water Agency and importing water via the California aqueduct. Bringing this additional water into the area has helped to alleviate the decline in the water table. More recently there has been additional concern that further steps are needed to preserv-e the integrity of the groundwater basin, as it is now being used to a much greater extent to bank water for later withdrawal, both for in-county and external use. In this instance, "integrity" covers both the long term balance of the basin and the quality of the ground~ater. There has recently been talk, in Sacramento, about regulating groundwater throughout the state. Kern County interests have been good stewards of the County's groundwater assets and there is a legitimate question whether interference from State government would improve the skuation. Given the above, many of the water districts overlying the groundwater basin came together about two years ago and agreed that, as a first step to ascertaining the heakh of the groundwater basin, they should make sure that all the overlying users were accounting for their inflows and uses on a consistent basis. A lack of clarity as to the actual state of the basin is making it difficult to know whether it is being managed correctly. ]~ne three signatories of this letter were asked to be joint Chairs of this group, which has made considerable progress. Areas of double counting by districts (i.e. two districts claiming the same water) have been discovered and agreement has been reached on a methodology for the various water users to account for their own balance. The next step will be to integra{e the results. City of Bakersfield Water Board March 14, 2006 Page Two We would like to see the City of Bakersfield join wholeheartedly in the effort. The staff of the Water Board has said, on a number of occasions, that the City has adequate water for their future growth, however, we are unable to determine the City's water supply situation based on the information provided. We believe it is time for this information to be "peer reviewed" by others, in particular those that share the groundwater basin. We further believe that the best method of proceeding is in an informal manner, with staff having the authority to discuss and share information in an open manner with other interested parties. The issues are so complex and inter- related that we believe a free exchange of information is necessary if all sides are going to be satisfied with the result. ~. Please do not hesitate to get in touch with any of us if you have any questions or anything is not clear. Sincerely, am D. Ph more Terry Chicca (661) 399-4456 (661) 342-5014 Howard R. Frick (661) 747-9365 cc: Honorable Mayor Members of the City Council Water Board Meeting March 15, 2006 7. OLD BUSINESS continued B. Kern River Channel Recharge and Recreation Agreement (Kern River Parkway) with Kern County Water Agency - For Board Information B A K E R S F I E L D MEMORANDUM March 9, 2006 TO: CITY OF BAKERSFIELD WATER BOARD FROM: FLORN CO~ER RESOURCES MANAGER SUBJECT: UPDATE ON PARKWAY WATER AGREEMENT City staff has been meeting with Kern County Water Agency (KCWA) staff to modify the Kern River Parkway Agreement and to extend beyond the July 2006 extinction date. The primary purpose of the existing agreement is for the KCWA and City to combine available water supplies, to recharge in the Kern River channel between' Memorial Day and Labor Day each year. The goal of the agreement extension talks was to maintain as much of the present agreement as possible, but incorporate changes that the KCWA has indicated they need to extend a program. Chanqes Proposed in New Aqreement Inclusion of Prop 13 wells to augment flows in the driest years. City option to fund pumping program. · KCWA adds the Cross Valley Canal losses to their "contributory" water available for Parkway. Previous agreement was not credited. Reduces water available for river or Parkway lakes. City adds lakes at the Park at River Walk to delivery area. · KCWA lowers priority of Parkway water to benefit KCWA treatment plant. · KCWA gains right to substitute its water for City ag deliveries to contractors, customers and irrigators. KCWA gains first right of refusal on sale of City water. · KCWA wants greater flexibility in use of Isabella storage. · KCWA gains more flexibility to City facilities for delivery of water. · KCWA is allowed to install three wells (1 is already in) on 40 acre recreational facility. A water management plan to be in place to control pumping. AGREEMENT NO. KERN RIVER CHANNEL RECHARGE AND RECREATION AGREEMENT THIS AGREEMENT is made and entered into on ,2006, by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, referred to herein as "CITY," and KERN COUNTY WATER AGENCY, acting for and on behalf of IMPROVEMENT DISTRICT NO. 4, a special act public entity, referred to herein as "ID4." RECITALS A. The Kern River Parkway was adopted in 1988 as a comprehensive plan to provide for flood control, groundwater recharge, recreation and preservation of natural resources in the Kern River Channel through Bakersfield ("Kern River Channel" herein) that enhances the quality of life for all citizens; and B. CITY is owner of a substantial portion of Kern River water rights, canals and properties associated with operation of Kern River and is responsible for the transportation and delivery of Kern River water to points downstream in accordance to the Miller-Haggin Agreement dated July 28, 1888; and C. CITY utilizes the Kern River Channel to meet its obligation under the Miller-Haggin Agreement and is desirous of maintaining, at a minimum, historical quhntities of recharge resulting from CITY utilization of the Kern River Channel; and D. CITY wishes to modify its use of Carrier Canal to the benefit of the Kern River Channel through coordination with ID4 such that historical quantities of recharge of Kern River water are improved; and E. ID4 has an annual entitlement of 82,946 acre-feet of water on the State Water Project ("SWP" herein) and conducts an extensive groundwater recharge program and has historically utilized the Kern River Channel as a primary feature of its recharge program to replenish the aquifer that underlies the district; and F. ID4 and CITY have heretofore entered into a Water Exchange Agreement, commonly referred to as Truxtun Lake Agreement ("Truxtun Lake Agreement" herein), dated July 1, 1988, attached hereto and incorporated herein by reference; and G. ID4 has previously entered into cooperative Exchange Agreements with Kern-Tulare Water District and Rag Gulch Water District, dated August 8, 1988, attached hereto and incorporated herein by reference, pursuant to which 1D4 takes delivery of Basic Contract water ("Basic Supply" herein) provided by CITY from Kern River in conformance with the provisions contained therein; and H. ID4 and CITY have determined a water management program that would facilitate the commitment of a portion of the water supplies and facilities available to ID4 and CITY for the Kern River Parkway without significantly increasing the operating costs of either entity; and 1. ID4 has as a long-term objective for its water supply management program the development ora supply for the district that is independent of the SWP. It is anticipated that this will be accomplished through water management opportunities with water districts utilizing Kern River and Friant-Kern supplies and CITY agrees to cooperate with ID4 in development of such long-term exchange programs; and J. ID4 and CITY entered into the Kern River Parkway Water Management Agreement (Agreement No. 99-307) on November 17, 1999 and continued the program through July 5, 2006 putting a total of acre-feet into the Kern River Recharge and Recreation Area; and K. ID4 and CITY have determined continuing a water management program committing a portion of the water supplies and facilities available to ID4 and CITY is in the best interest of both parties. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and ID4 agree as follows: 1. TERM AND RENEWAL. The initial term of this Agreement shall commence July 6, 2006 and terminate December 31,2011. At the end of the initial term period, this Agreement will automatically renew annually unless either party notifies the other of its election to terminate the Agreement within one hundred eighty (180) days of renewal date. CITY an~d 1D4 may terminate this Agreement for non-performance with sixty (60) days notice. 2. KERN RIVER RECHARGE AND RECREATION. a. Recharge Area. For purposes of this Agreement, the Kern River Recharge and RecreatiOn area ("Recharge and Recreation Area" herein) shall include the Kern River Channel from Rocky Point Weir (approximately 2.0 miles east of Manor Street) extending downstream to the western boundary of ID4 (approximately 1.0 mile west of Stockdale Highway Bridge), the Truxtun Lakes recharge area and The Lakes at the Park at River Walk ("Recharge and Recreation Lakes" herein), the Cross Valley Canal Extension ("CVC Extension" herein) and the Carrier Canal. b. Recharge Capacity. For purposes of this Agreement, Recharge and Recreation Area recharge capacity shall mean the combined recharge capacity of the Kern River Channel between Rocky Point Weir and the western boundary of ID4, the Recharge and Recreation Lakes, the CVC Extension and Carrier Canal. Based upon the historical period of 1979 through 1995, the following average daily recharge quantities will be used by CITY and ID4 as an operational tool to assist in the development and coordination of Recharge and Recreation Area recreational flow schedules (figures represent continuous flow operation): (1) Kern River Channel. Average daily recharge for the Kern River Channel between Rocky Point Weir and the western boundary of ID4 shall be 145 cubic feet per second ("cfs" herein), apportioned as follows: (a) Rocky Point Weir to Calloway River Weir; 15 cfs. (b) Calloway River Weir to River Canal Weir; 75 cfs. (c) River Canal Weir to Bellevue Weir; 40 cfs. (d) Bellevue Weir to western boundary of ID4; 15 cfs. (2) Recharge and Recreation Lakes. (a) Truxtun Lakes. Average daily recharge for the Truxtun Lakes recharge area shall be 5 cfs. (b) The Lakes at the Park at River Walk. Average daily recharge for the Lakes at the Park at River Walk recharge area shall be 5 cfs. (3) Carrier Canal. Average daily recharge for the Carrier Canal shall be 15 cfs. (4) CVC Extension. Average daily recharge for the CVC Extension shall be 15 cfs when the CVC Extension is in 'use for purposes of this Agreement. c. Recharge Rate. For operational purposes of this Agreement, the average daily recharge within the Recharge and Recreation Area, reflecting the sum of the recharge rates of the Kern River Channel between Rocky Point Weir and the western boundary of ID4, the Recharge and Recreation Lakes, the CVC Extension and Carrier Canal shall be 170 cfs when the CVC Extension is not in use for purposes of this Agreement and 185 cfs when the CVC Extension is in use for purposes of this Agreement. CITY and ID4 will make such adjustments as are necessary to Recharge and Recreation Area recreational flow schedules to reflect actual recharge conditions. d. Diversion Points. Major river weirs located within the Recharge and Recreation Area to be used as diversion points for recharge under this Agreement will be Rocky Point Weir, Calloway River Weir, River Canal Weir and Bellevue Weir. Water deliveries into the Recharge and Recreation Area can currently be accomplished through operation of Rocky Point Weir on Kern River, Calloway culvert from Carrier Canal, Truxtun Lakes, Pioneer Canal extension (Pioneer Turnout), Cross Valley Canal River Turnouts #2, #3 and #4 and the Friant-Kern Canal. Canals that divert water from the Kern River Channel within the Recharge and Recreation Area include Carrier Canal, Calloway Canal, Calloway culvert to Carrier Canal, Kern River Canal, Rosedale Channel, Pioneer Canal and Berrenda Mesa Turnout. 3. RECREATION SEASON. For purposes of this Agreement, recreation season shall be defined as the period commencing May 1st and extending through September 30th of each year. Peak recreational periods shall include Memorial Day, Independence Day and Labor Day. Unless and except as otherwise mutually agreed to by both CITY and ID4, Recharge and Recreation Area recharge operations during peak recreational periods will consist of, at a minimum, five (5) consecutive days of recreational flow to coincide with each of the three major holidays (example: continuous Recharge and Recreation Area recharge operations during the period of July 2nd through July 6th to coincide with Independence Day). 4. ID4 WATER USE PRIORITY. It is recognized by the parties hereto, that nothing in this Kern River Recharge and Recreation Water Management Agreement shall otherwise diminish or impede the ability of ID4 to provide annual deliveries of water to the Henry C. Garner Water Purification Plant, including all conveyance losses, in accordance with Exhibit D of the revised Treated Water Agreements and the ID4 Resolution of Formation. 5. WATER SUPPLY. a. ID4. ID4 will provide the following water supply for the Recharge and Recreation Area, which is more fully delineated on Exhibit "A", attaChed hereto and incorporated herein by reference: (1) Peak Recreation Periods. In years when the allocation of entitlement to ID4 on the SWP is fifty percent (50%) or greater, ID4 shall provide firm delivery of 7,500 acre-feet of its water supply after fulfillment of its water delivery Obligation to the Henry C. Garnett Water Purification Plant as determined by ID4 on an annual basis, for recharge during peak recreational periods on the Kern River. The delivery schedule for these flows will be as mutually agreed upon by ID4 and CITY. (2) Recreation Season Mutual Commitment. In years when the allocation of entitlement to ID4 on the SWP is seventy percent (70%) or greater, ID4 shall commit'5,000 acre-feet of its supply for recharge during the recreation season. The delivery of these recreation season flows will be coordinated with CITY to provide for maximum visibility and recreational activity within the Recharge and Recreation Area. (3) Optimum Recharge Goal. In addition to the above firm recharge commitments, it shall be the goal of ID4 to provide a minimum of fifty percent (50%) of the remaining ID4 supply for the year for recharge during the recreation season, excluding current water exchange obligations set forth in previous agreements, which water exchange obligations are more fully delineated on Exhibit "B", attached hereto and incorporated herein by reference. b. CITY. CITY will provide the following water supply for the Recharge and Recreation Area, which is more fully delineated on Exhibit "A", as follows: (1) Recreation Season Mutual Commitment. In years when Kern River April through July snowmelt runoff equals or exceeds seventy percent (70%) of the long-term average, CITY shall provide the following: (a) A minimum of 6,000 acre-feet for recharge in the Kern River Channel during the recreation season. (b) A minimum of 5,000 acre-feet for recharge in the Carrier Canal during the recreation season. (2) Optimum Recharge Goal. In addition to the above firm recharge commitments, it shall be the goal of CITY to maintain and preserve Kern River recharge quantities within the Recharge and Recreation Area resulting from CITY's utilization of the Kern River Channel and Carrier Canal during the recreation season after meeting Basic Contract obligations. Should any future structural modification of Carrier Canal impede or reduce CITY's ability to meet the recharge requirement specified in Paragraph 1 (b) above, any such balance of Carrier Canal recharge not met will be added to CITY's Kern River Channel recharge commitment. c. FLOW RESTORATION PROGRAM. In addition to the above mutually committed recharge supplies, ID4 and CITY will provide a water supply for the Recharge and Recreation Area, as follows: (1) City: City shall, at its sole option and discretion, provide funds for power costs to recover up to an equivalent 36,000 acrerfeet of groundwater annually for Recharge and Recreation. (2) 1D4: If CITY provides funding for the Flow Restoration Program, 1D4 shall provide funds for operation, maintenance and any conveyance costs for up to 36,000 acre-feet annually for Recharge and Recreation. (3) Source of Water. ID4 shall determine the source of its water provided annually for the Flow Restoration Program. (4) Scheduling. By December 31 of each year, CITY shall notify 'lD4 of the amount of funds available for the Flow Restoration Program for the following year. Ten days following the May allocation by the Department of Water Resources, 1D4 shall notify CITY the total amount of acre-feet available and price for the Flow Restoration Program. d. Banking Operations. CITY and ID4 will jointly administer water banking operations within the Recharge and Recreation Area in accordance with the Pioneer Project Joint Operating Agreement dated December 18, 1996. e. Friant-Kern Floodwater. The priority for Friant-Kern floodwater entering the Kern River Channel below the terminus of the Friant-Kern Canal'shall be in accordance with the Pioneer Project Joint Operating Agreement and the parties hereto further agree to dedicate such recharge of Friant-Kern floodwater occurring within the Recharge and Recreation Area between the point of Friant-Kern Canal discharge to the Kern River Channel and the western boundary of the Recharge and Recreation Area to the overall benefit of the current and future water users within CITY and ID4. 6. WATER PLANNING. On or about March 1st of each year throughout the term of this Agreement, CITY and ID4 will exchange preliminary deliyery schedules using best forecasts of their available water supply. CITY and ID4 will coordinate said water delivery schedules to reflect the terms of this Agreement. A final delivery schedule for Recharge and Recreation Area recharge operations will be submitted by May 1st of each year for approval by the CITY Water Board and the Kern County Water Agency Board of Directors. 7. RECHARGE AND RECREATION AREA OPERATIONS. a. Rocky Point Weir to Calloway River Weir. For purposes of this Agreement, whenever the sum of the flow diverted at the head of the Carrier Canal and the flow passing downstream of Rocky Point Weir equals or exceeds 750 cfs (normally between May and August), CITY will assume recharge losses occurring in the reach of Kern River Channel extending to the Calloway River Weir under its Miller-Haggin obligation, notwithstanding that ID4 Calloway Canal operations or other Kern River or canal uses below the Calloway River Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. It is the intent of the parties hereto to establish and maintain a continuous year-round stream channel on Kern River from Rocky Point Weir to the Calloway River Weir to the extent that water supplies are available for such uses. b. Callowa¥ River Weir to River Canal Weir. For purposes of this Agreement, whenever the sum of the flow of Carrier Canal below the Farmers-Stine-Anderson Weir and the flow passing downstream of the Calloway River Weir equals or exceeds 750 cfs (normally between mid-June and mid-August), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the River Canal Weir under its Miller-Haggin obligation, notwithstanding that ID4 Kern River or canal uses below the River Canal Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. c. River Canal Weir to Bellevue Weir. For purposes of this Agreement, whenever the sum of the Kern River flow in the Kern River Canal at Stockdale Highway and the Kern River flow passing downstream of the River Canal Weir equals or exceeds 900 cfs, CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the Bellevue Weir under its Miller-Haggin obligation, notwithstanding that ID4 Kern River or canal uses below the Bellevue Weir may be subject to a proportionate share of such recharge losses as measured and determined by CITY. In the event that CITY water commingles with ID4 water as a result of CITY water deliveries occurring between River Canal Weir and Bellevue Weir, CITY will 6 assume five (5) cfs of recharge losses or the actual recharge loss if less than 5 cfs, for each such day that CITY deliveries are made. d. Bellevue Weir to ID4 western boundary. For purposes of this Agreement, whenever Second Point Group demand for Kern River water at Second Point of Measurement equals or exceeds 750 cfs (above normal years), CITY shall assume recharge losses occurring in the reach of Kern River Channel extending to the ID4 western boundary under its Miller-Haggin obligation. e. Truxtun Lakes. CITY and ID4 shall jointly coordinate and schedule deliveries of their respective available Recharge and Recreation Area supplies to ensure the daily year-round operation of the Truxtun Lakes recharge area. In general, the priorities for water deliveries to the Truxtun Lakes recharge area are as follows: 1. CITY Kern River water that would otherwise be used for basin overdraft correction. 2. Basic Supply not required to fulfill Henry C. Garnett Water Purification Plant demand and associated diversion losses. 3. ID4 Kern River water acquired through exchange for the purpose of groundwater replenishment operations of district. 4. ID4 Friant-Kern water acquired through exchange for the purpose of groundwater replenishment operations of district. 5. ID4 SWP water to be used for the purpose of groundwater replenishment operations of district. 6. ID4 SWP water owed to CITY under Truxtun Lake Agreement. f. The Lakes at the Park at River Walk: City may schedule deliveries of available Recharge and Recreation Area supplies to ensure the daily year-round operation of The Lakes at the Park at River Walk; however, such operations shall not increase ID4's water supply commitment under Article 5(a). 8. RECREATIONAL FLOW PRIORITY. Whenever Recharge and Recreation Area water supplies are limited (less than 50% allocation of ID4 entitlement on the SWP), the priority for points of delivery within the Recharge and Recreation Area are as follows: 1. Recharge and Recreation Lakes. 2. Kern River Channel between Rocky Point Weir and Calloway River Weir. 3. Kern River Channel between Calloway River Weir and River Canal Weir. 4. Kern River Channel between River Canal Weir and Bellevue Weir. 5. Kern River Channel between Bellevue Weir and ID4 western boundary. 9. TRUXTUN LAKE EXCHANGE DELIVERIES. CITY and ID4 agree that this Agreement neither replaces nor amends Truxtun Lake Agreement but merely supplements the same. Furthermore, in order to clarify the terms and conditions under which delivery of ID4 water owed CITY is to occur, the parties agree to the following: a. In years when ID4 is allocated less than fifty percent (50%) of its SWP entitlement, CITY shall have first call on up to fifty percent (50%) on any ID4 water not required for Henry C. Garnett Water Purification Plant use, including conveyance losses, for operation of the Truxtun Lakes recharge area during the recreation season. b. In years when ID4 is allocated fifty percent (50%) or greater of its SWP · entitlement, CITY may take delivery of ID4 water owed CITY under mutually agreeable times and rates of flow in the event that water supplies developed under terms of this Agreement are not adequate to maintain continuous operation of the Truxtun Lakes recharge area. c. Any such deliveries under the above provisions shall be separate from ID4 Recharge and Recreation water supplies set forth in Paragraph 5 of this Agreement and shall be deducted from any balance of water owed to CITY by ID4 and arising from operation of Truxtun Lake Agreement. d. It is understood by the parties hereto that all water owed to CITY under the Truxtun Lake Agreement shall only be delivered to the Truxtun Lakes recharge area or other mutually agreeable recharge facility located within ID4. 10. WATER QUALITY. In order to preserve the historical high quality groundwater aquifer underlying the Recharge and Recreation Area, CITY and ID4 agree that, whenever possible, recharge within the Recharge and Recreation Area will'consist of Kern River water and other high quality waters in order to enhance and maintain the highest water quality underlying the Kern River Channel. 11. MUTUAL COMMITMENT. In consideration of CITY and ID4's mutual commitment to the Recharge and Recreation water management program, and to meet the goal of providing the highest quality Kern River water for use within the CITY and ID4, ID4 and CITY agree to the following: a. ID4 Exchanges. If and when, during the term of this Agreement, ID4 negotiates new contracts with third parties for exchange of ID4 SWP water supply, ID4's recharge commitment to the Recharge and Recreation Area as set forth herein shall be incorporated as a provision of the new contract. b. Right of Substitution Outside CITY and ID4 Boundaries. ID4 shall have a first priority position to substitute its water supplies for CITY Kern River water being delivered to areas outside CITY and ID4 boundaries, for use within ID4. (1) Said substitution right shall not alter or amend existing Exchange Agreements between ID4 and Kern-Tulare Water District and ID4 and Rag Gulch Water District. (2) ID4 shall be responsible to make such arrangements as are necessary with any third party, such as a Basic Contractor of CITY, for the substitution of its water supplies for CITY Kern River water. (3) The right of substitution shall not be used by ID4 for the purpose of selling, exchanging or transferring CITY Kern River water to others in competition with CITY. (4) ID4 shall realize any and all cost savings generated through the right of substitution. (5) Other than as specified in this Agreemer~t, if ID4 substitutes its water supplies for CITY Basic Contract deliveries to North Kern Water Storage District, Kern-Tulare Water District, Rag Gulch Water District or Cawelo Water District under this substitution provision such water shall be delivered by CITY to ID4 during the March through August period in conformance with delivery schedules as outlined in Exhibit "B" of the Basic Contracts. Any ID4 request for deviation from said delivery schedules will require prior written approval of CITY. (6) If and when, during the term of this Agreement, CITY negotiates new contracts with third parties for sale of CITY Kern River water to areas outside CITY and ID4 boundaries, ID4 right of substitution as set forth herein shall be incorporated as a provision of the new contract. (7) Upon completion of CITY Basic Contract obligations, CITY shall determine water needs and demands within the incorporated boundary of CITY. Such determined needs shall be given top priority to available quantities of CITY Kern River water. After satisfying the water needs and demands of CITY and any extension of Basic Contract deliveries to which CITY may be obligated, CITY shall notify ID4 of any CITY Kern River water which may become available for use by ID4 within its boundaries. (8) Notices pursuant to this paragraph shall be provided to the ID4 Manager or his designee by the CITY via electronic mail, telephone or facsimile and ID4 shall have one business day to respond. c. Right of Substitution Inside CITY and ID4 Boundaries. ID4 shall have a first priority position to substitute its water supplies for CITY Kern River water being delivered to recharge areas inside CITY and ID4 boundaries, for use within ID4. (1) Said substitution right shall not alter or amend existing Exchange Agreements between ID4 and Kern-Tulare Water District and ID4 and Rag Gulch Water District. (2) ID4 shall be responsible to make such arrangements as are necessary with any third party, such as a Basic Contractor of CITY, for the substitution of its water supplies for CITY Kern River water. (3) The right of substitution shall not be used by ID4 for the purpose of selling, exchanging or transferring CITY Kern River water to others in competition with CITY. (4) Any and all cost savings generated through the right of substitution within CITY and ID4 boundaries shall be dedicated to the Recharge and Recreation program. (5) Other than as specified in this Agreement, CITY Basic Contract water which may be utilized by ID4 under this substitution provision ~hall be delivered by CITY during the March through August period in conformance with delivery schedules as outlined in Exhibit "B" of the Basic Contracts. Any ID4 request for deviation from said delivery schedules will require prior written approval of CITY. (6) Upon completion of CITY Basic Contract obligations, CITY shall determine water needs and demands within the incorporated boundary of CITY. Such determined needs shall be given top priority to available quantities of CITY Kern River water. After satisfying the water needs and demands of CITY and any extension of Basic Contract deliveries to which CITY may be obligated, CITY shall notify 1D4 of any CITY Kern River water which may become available for use by 1D4 within its boundaries. (7) Notices pursuant to this paragraph shall be provided to the ID4 Manager or his designee by the CITY via electronic mail, telephone or facsimile and ID4 shall have one business day to respond. d. Surface and Groundwater Sales. ID4 shall have the first right of refusal to any CITY sales of surface and groundwater for delivery outside the CITY boundaries. During the 10 term of this Agreement, ID4's first right of refusal shall be incorporated into any sale contract negotiated by the CITY for a water sale to areas outside the CITY boundaries. Notices pursuant to this paragraph shall be provided to the ID4 Manager or his designee by the CITY via electronic mail, telephone or facsimile and ID4 shall have one business day to respond. e. Basic Supply Delivery Schedule. For purposes of this Agreement, CITY and ID4 agree to use the following monthly delivery schedules of Basic Supply for delivery to ID4 during the term of this Agreement (quantities in acre-feet): (1) Kern-Tulare Water District: Month Normal Delivery Maximum Delivery March 1,740 2 040 April 2,175 2 565 May 3,045 3 610 June 3,475 4 130 July 3,475 4 130 August 3,475 4 130 September 2,615 3,095 Total 20,000 23,700 (2) Rag Gulch Water District: Month Normal Delivery Maximum Delivery March 260 310 April 325 385 May 455 540 June 525 620 July 525 620 August 525 620 September 385 455 Total 3,000 3,550 (3) CITY will assume any Isabella Reservoir evaporation loss that may result from extension of the Basic Supply delivery schedule as set forth above. f. Isabella Reservoir Storage. Throughout the term of this Agreement, ID4 will be permitted to store Kern River water acquired from Kern River interests for the purpose of regulation of ID4's water supplies in CITY Isabella Reservoir storage space whenever and to the extent that CITY determines that storage space is available for use by ID4, and CITY and ID4 agree to the following: (1) ID4 water stored in CITY storage space hereunder shall bear its own I1' evaporation loss as proportioned among the Isabella Reservoir storage entities by the Kern River Watermaster on a daily basis. (2) ID4 water held in CITY storage space shall be the first water released from CITY storage space in the event CITY should be ordered by the U.S. Army Corps of Engineers to evacuate water stbred in CITY storage space due to flood control or any other purpose. (3) For any year during which ID4 makes use of CITY storage space, ID4 shall pay to CITY an annual storage charge to be calculated by the Kern River Watermaster in accordance with Paragraph 9 of the Kern.River Water Rights and Storage Agreement, dated December 31, 19621 (4) ID4 water stored in CITY storage space, if any, between December 1 st and January 31 st (winter carryover period) shall be limited to a maximum amount of 5,000 acre-feet. (5) Water stored by ID4 in City storage space shall only be used for the purpose of groundwater replenishment and direct irrigation demands of ID4. g. CITY Facilities. ID4 will be permitted to take delivery of all or portions of its acquired Kern River water, including Basic Supply, through any CITY facility during periods when cITY determines that sufficient CITY capacity is available and CITY and ID4 agree to the time, place, duration and cost of such deliveries. For purposes of this Agreement, Carrier Canal shall include 3.3 miles of upp6r canal reach, extending from the Carrier Canal headgate at Rocky Point Weir downstream to the Farmers-Stine-Anderson Weir and 5.2 miles of lower canal reach extending from the Farmers-Stine-Anderson Weir downstream to the terminus of the Carrier Canal at the present location of the Arvin-Edison Turnout Facility. h. Additional SWP Table A Supplies. ID4 shall use its best efforts to obtain additional SWP water, outside its allocation of SWP Table A water, for recharge dedicated to the Recharge and Recreation Period, after meeting its existing obligations as defined in Paragraph 4. 12. WELLS. a. ID4 shall locate three wells for use by ID4 on the forty acre parcel acquired from Castle & Cooke at the intersection of Stockdale Highway and Jewetta, provided that the cost thereof shall be paid by ID4 and the location of the wells shall be chosen by 1D4 with the approval of the CITY, such approval not to be unreasonably withheld. ID4 shall be responsible for the capital cost of the wells excepting any costs for aesthetic improvements beyond normal security needs. b. A water management plan shall be developed to control groundwater extractions as to not adversely affect the water levels or quality of wells that are used to supply 12 drinking water and fire protection to homeowners and customers of the City of Bakersfield water system. A study by a certified/registered hydrogeologist shall be used in assisting the determination of the size, depth and perforated interval of each well in conjunction with the management plan. 13. COORDINATION AND RECORD KEEPING. a. The CITY is responsible for the day-to-day operation of the Kern River Channel, the Recharge and Recreation Lakes recharge area and Carrier Canal. ID4 will designate a contact person to coordinate ID4 activities with the CITY. b. The CITY will provide daily record keeping for all points of diversion to and from the Kern River Channel and CITY-owned canals. The ID4 contact person will provide such assistance and information as is necessary for CITY to meet its obligations hereunder. 14. NO CHANGE TO KERN RIVER RIGHTS. This Agreement shall not change or affect rights to use Kern River water. Should any court of competent jurisdiction determine any use of Kern River water rights is affected by this Agreement, the parties shall meet and negotiate whatever modifications are necessary to re-establish those rights which have been affected or void any part, or all, of this Agreement necessary to re-establish said rights. The parties shall negotiate in good faith to maintain Kern River water rights whenever a modification or voiding of the terms of this Agreement becomes necessary. 15. BANKING COVENANT. Except as otherwise specified in this Agreement, the parties hereby covenant and agree that neither ID4 nor CITY shall bank their respective supplies within the Recharge and Recreation Area. 16. JOINT INDEMNITY LIMITATION ON LIABILITIES AND INDEMNIFICATION. a. No party shall be liable to any other party for any loss, damage, liability, claim o~ cause of action for damage to or destruction of property or for injury to or death of persons arising solely y from any act or omission of the other party's officers, agents or employees. b. CITY and ID4 agree to indemnify and hold each other harmless from any and all claims, demands, liabilities, losses or causes of action which arise by virtue of its own acts or omissions (either directly or through or by its agents, officers, or employees) to such extent and in such part as the respective parties are found by reason of law to have proximately caused the injury or damage. c. The party against whom any claim arising from any subject matter of this Agreement is filed shall give prompt notice of the filing of the claim to the other party. 17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 13 ! 8. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally delivered or sent by certified or registered mail, in which latter case service will be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice given in the manner herein provided: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 Buena Vista Road Bakersfield, California 93311 AGENCY: KERN COUNTY WATER AGENCY IMPROVEMENT DISTRICT No. 4 P.O. Box 58 Bakersfield, California 93302-0058 19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this' Agreement shall be instituted in Kern County, California. 20. ASSIGNMENT. This Agreement shall not be assigned by any party, or anyparty substituted, without prior written consent of all the parties. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. CORPORATE AUTHORITY. Each party executing this Agreement represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the organization named herein and that this Agreement is binding upon said organization in accordance with its terms. 23. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such' a provision at a later time, and shall not serve to vary the terms of this Agreement. 24. MERGER AND MODIFICATION. Ail prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any Prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic eVidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council, th.e Kern County Water Agency Board of Directors, and signed by all the parties. 14 25. NEGATION OF PARTNERSHIP. No party shall become or be deemed a partner or joint venturer with any other party or associate in any such relationship with any other party by reason of the provisions of this Agreement. ID4 shall not for any purpose be considered an agent, officer or employee of CITY and CITY shall not for any purpose be considered an agent, officer or employee of ID4. 26. ACCOUNTING RECORDS. All parties shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at each party's office during the term of this Agreement. Said records shall be made available to CITY or ID4 representatives upon request at any time during regular business hours. 27. EXHIBITS. In the event ora conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 28. OPINIONS & DETERMINATIONS. Where the terms of this Agreement 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. 15 Water Board Meeting March 15, 2006 7. OLD BUSINESS continued C. Domestic Water Availability Fees per Municipal Code 14.04.120- For Board Review and Recommendation to City Council RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD WATER BOARD RECOMNIEND~NG CITY COUNCIL HOLD THE REQUISITE PUBLIC HEARINGS TO RAISE WATER AVAILABILITY FEES AND ADOPT AN ORDINANCE AMENDING SECTION 14.04.120 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO WATER RATES AND FEES. WHEREAS, the population and the land area of the City of Bakersfield continues to grow; and WHEREAS, as a result 'of that growth, more and more residential and commercial development plans are being submitted to the City; and WHEREAS, the City is slated with the responsibility of ensuring that all proposed development will have a viable water supply or such development cannot Proceed; and WHEREAS, in order to ensure water supplies will be 'available for current and new users, the City must take all necessary steps to procure and capture water resources, including, but not limited to, acquiring real property for the drilling of water wells; and WHEREAS, the cost of procuring and maintaining the water supply is an expense which is funded from the various fees established for the use of such water supplies; and WHEREAS, the availability fee charged to ensure water will be available for new development (cost of funding new water well construction, purchase of land for recharge facilities, etc.) is currently $2,000.00 per acre and has not been increased since 1982; and WHEREAS, the cost of procuring such water sources has increased dramatically over the past twenty-plus years; and WHEREAS, while, pursuant to the calculations set forth in Exhibit "A", attached hereto, the new availability fee needs to be set at $5,200.00 per acre to offset these C:\Documents and Settings\mrandall\Desktop\feeincreasereso2.DOC Page 1 of 3 increased costs, in order to Soften the effect of more than doubling the fee, the increase should not take place all at once, but should be increased gradually over time; and WHEREAS, the proposed increase schedule is attached hereto as Exhibit "B" and incorporated herein by reference; and WHEREAS, over the years, there has been confusion as to the definition of the various water fees and how they are collected. NOW, THEREFORE, BE IT RESOLVED by the Water Board of the City of Bakersfield as follows: 1. The above recitals are true and correct; 2. The water board recommends that the City Council hold a public hearing with the requisite notices and after considering all of the evidence adopt a new water availability fee of $5,200.00 per acre based upon the calculations contained in Exhibit "A" and such fee be assessed pursuant to the schedule set forth in Exhibit "B"; 3. That the City Council adopt an ordinance amending Section 14.04.120 of the Bakersfield Municipal Code clarifying the definitions of the various rates and fees and how and when the availability fee shall be collected. C:\Documents and Settings\mrandall\Desktop\feeincreasereso2.DOC Page 2 of 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Water Board of the City of Bakersfield at a regular meeting thereof held on March 15, 2006, by the following vote: AYES: COUNCILMEMBER COUCH, HANSON, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER BOBBLE ZARAGOZA Secretary to the Water Board of the City of Bakersfield APPROVED DAVID COUCH Chairperson of the Water Board APPROVED as to form VIRGINIA GENNARO City Attorney By: JANICE SCANLAN Assistant City Attorney C:\Documents and Settings\mrandall\Desktop\feeincreasereso2.DOC Page 3 of 3 EXHIBIT A AVAILABILITY FEES COST PER ACRE FOR NEW FACILITIES WELLS - 4 PER SECTION 2@ $1,000,000 $2,000,000 2@ $750,000 1,500,000 TRANSMISSION LINES/OTHER FACILITIES - PER SECTION 920,000 TOTAL $4,420,000 % OF COST RELATED TO NEW DEVELOPMENT 0.75 $3,315,000 ACRES PER SECTION 640 $5,180 COST PER ACRE / ROUNDED $5,200 AVAILABILITY FEES COST PER ACRE FOR NEW FACILITIES Scheduled Increases: Dates Amount of Increase New Fee July 1,2006 $800 $2,800 January 1,2007 $800 $3,600 July 1,2007 $800 $4,400 Januaw1,2008 $800 $5,200 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14.04.120 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO WATER RATES AND CHARGESFEESo BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 14.04.120 is hereby amended to read as follows: 14,04.120 Rates and oharges fees. A. Effect!vt Rotes. ~onth~,v, rates and fees. The city, water board? w~th ~u~nt~ty un~ r~tes" ~a~ed ~ the ~ua~t~ ~f water used. A complete schedule of all ~ rates and ~nd fees authorized to be charged for water se~ice shall be kept in the city's local offices where they will be available for public inspection. B. Availability,P~*.~,~ .... ~,,~a ~,,~,~.~_~.~= The city water board, with concurrence of the city council, shall establish availability~,~,/-+~-a~"~,~/ fees ~ for water se~ice facilities required to enabOefor dsvs0cp~snt of all areas servsd bM the c~ty water syste~ except those described in Exhibit C-1 of the City Agreement No. 76-36. Suchwhlch fees ~ are hereby declared to be necessa~ to compensate the city for the expense incurred in furnishing source, storage, and water distribution facilities, and related capital project expenses, including but not limited to costs of acquisition and financing and necessa~ costs of operation, maintenance, replacement, improvement and extension of the water system. adopted b~ rssoOut~o~ of the c~t~ ccunc~ fo~ow~n~ a not,ced ~ub~c hearing. C. All applicants for~.~,~+~-a,~ ~ ...... ~..,~,; .... ~, se~ice where availability fees are to be paid~ shall s~ a d~es~c wa~er service c~rac~ a~d pay the required fee, or =~ .... '~- * ......... No final map allowing construction shall be given approval prior to payment of proper fees for water se~ice. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal ~ode and shall become ~ffective thi~y (3O) days from and after the date of its passage. -- Page 1 of 2 Pages - I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: By: HARVEY L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By:. JANICE SCANLAN Assistant City Attorney JS S:\COU NCIL\Ord s\05-06 Ords\14.04.120WaterRatesChargesAmd. Rdln2.doc - Page 2 of 2 Pages -- Water Board Meeting March 15, 2006 8. NEW BUSINESS A. City of Bakersfield Domestic Water Division Proposed 2006-07 Rate Schedule- For Board Information RESOLUTION NO. A RESOLUTION ESTABLISHING DOMESTIC WATER RATES FOR ASHE, FAIRHAVEN AND RIVERLAKES SERVICE AREAS. WHEREAS, Chapter 2.18 of the Bakersfield Municipal Code authorizes the City Council to establish fees and charges sufficient for the City to recover the costs of providing domestic water services; and WHEREAS, a public hearing before the City Council was advertised twice in the Bakersfield Californian, a newspaper of general circulation; and WHEREAS, a public hearing was held to determine whether the proposed fees and charges are discriminatory or excessive; and WHEREAS, the fees and charges set forth in Exhibit "A,' attached hereto and incorporated by reference, do not. exceed the reasonable estimated cost of providing the services for which the fees are charged. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. The foregoing recitals are incorporated herein by reference. 2. The fees and charges set forth in "Exhibit A," attached, hereto and incorporated herein as if fully set forth, are hereby adopted and shall become effective on October 1, 2006 and April 1, 2007. 3. The adoption of these fees and charges complies with Proposition 218. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCIL MEMBER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY By:, VIRGINIA GENNARO City Attorney S:\DOM ESTICWATERRATES2006\ResolutionDomRates2006.wpd -- 3/8/2006 2 EXHIBIT "A" City of Bakersfield Water Resources Depadment Domestic Water Division Ashe, Fairhaven and Riverlakes Ranch Service Areas Schedule of Rates General Metered Service Current Rates Proposed Rates Oct. 1, 2006 Proposed Rates April 1, 2007 Within Fairhaven & iWithin :Fairhaven & Within Fairhaven & City Limits Unincorp- City Limits Unincorp- City Limits Unincorp- orated Areas orated Areas orated Areas Quantity Rates: First 300,000 cu. ft./month $ 0.66 $ 0.86 $ 0.69 $ 0.90 $ 0.74 $ 0.96 (per 100 cu. ft./month) All over300,000 cu. ft./month $ 0.61 $ 0.79 $ 0.64 $ 0.83 $ 0.68 $ 0.89 (per 100 cu. ft./month) Monthly Readiness-To-Serve Charge: 5/8"x3/4" Service $ 8.90 $ 11.58 $ 9.55 $ 12.42 $ 9.55 $ 12.42 ReconnectionFees 1" Service $ 13.56 $ 17.63 $ 14.55 $ 18.92 $ 14.55 $ 18.92 Collect (~ Door $15.00i 1-1/2" Service $ 20.69 $ 26.89 $ 22.20 $ 28.86 $ 22.20 $ 28.86 Reconnection $25.00 2" Service $ 28.17 $ 36.62 $ 30.22 $ 39.29 $ 30.22 $ 39.29 :After Hours $65.00 3" Service $ 52.05 $ 67.66 $ 55.85 $ 72.60 $ 55.85 $ 72.60 Cage & Lock $30.00 4" Service $ 75.66 $ 98.35 $ 81.18 $ 105.53 $ 81.18 $ 105.53 NSF $10.00 6" Service $ 135.97 $ 176.76 $ 145.89 $ 189.66 $ 145.89 $ 189.66 8" Service $ 209.01 $ 271.72 $ 224.27 $ 291.55 $ 224.27 $ 291.55 10" Service $ 288.10 $ 374.53 $ 309;13 $ 401.87 $ 309.13 $ 401.87 Monthly Private Fire Protection Service Charge: 1-1/2" Connection $ 8.40 $ 10.92 $ 9.01 $ 11.72 $ 9.01 $ 11.72 2" Connection $ 11.20 $ 14.56 $ 12.02 $ 15.62 $ 12.02 $ 15.62 3" Connection $ 16.80 $ 21.84 $ 18.03 $ 23.43 $ 18.03 $ 23.43 4" Connection $ 22.40 $ 29.12 $ 24.03 $ 31.25 $ 24.03 $ 31.25 6" Connection $ 33.59 $ 43.66 $ 36.04 $ 46.85 $ 36.04 $ 46.85 8" Connection $ 44.79 $ 58.22 $ 48.06 $ 62.47 $ 48.06 $ 62.47 10" Connection $ 55.99 $ 72.78 $ 60.07 $ 78.10 $ 60.07 $ 78.10 12" Connection $67.19 $87.34 $ 72.09 $ 93.72 $ 72.09 $ 93.72 "Monthly Readiness-To-Serve Charge" is applied to all services and any quantity of water used is an additional charge computed at the quantity rate. Conditions of service remain the same. S:RATESHEET2006 WATER RATE COMPARISON Purveyors within Urban Bakersfield Area $45.00 [] 05/06 RATE INCREASE $5.78 [] 04/07 PROPOSED RATE INCREASE $1.40 $40.00 [] 10/06 PROPOSED RATE INCREASE $1.49 $37.92 [] AVERAGE MONTHLY WATER BILL ~ '~l®~~l~ $38.73 $35.00 $30.00 $30.27 $29.92 $30.86 $25.00 $27.38 $20.00 $~5.oo $~o.oo $5.oo $o.oo , , , , City of Bakersfield Vaughn Water Co. North of the River East Niles C.S.D. California Water Service NOTE: Average based on 28 CCF per month March 2006 NOTICE OF PUBLIC HEARING BEFORE THE COUNCIL OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a protest hearing accepting testimony will be held before the Council of the City of Bakersfield on Wednesday, June 7, 2006, 6:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber of City Hall, 1501 Truxtun Ave., Bakersfield, CA 93301. The purpose of the hearing is to receive and consider input regarding an increase in the monthly readiness-to-serve charge and the quantity rate for domestic water service from the City of Bakersfield. Pursuant to Chapters 14.04, 14.06 and 14.08 of Title 14 of the Bakersfield Municipal Code, the City of Bakersfield Domestic Water System provides residents and customers a pure, clean and wholesome water supply in quantities and under sufficient pressure for all ordinary and proper uses. Charges for water service are paid directly by property owners and/or occupants through bills rendered monthly. In compliance with Proposition 218, property owners and/or customers of the City of Bakersfield Domestic Water System are hereby informed of a proposed increase in the monthly readiness-to- serve charge and quantity rate on the monthly bill. Your water service is included in this action, and is identified in the accompanying bill enclosed in this mailing. The current readiness-to-serve charge for a typical residential customer is $8.90 per month. The monthly service charge is proposed to be $9.55 beginning October 1, 2006, which reflects an increase of $0.65 per month. The readiness-to-serve charge for larger services will be assessed by a service-size ratio relative to a typical residential customer. The quantity rate is currently $0.66 per hundred cubic feet unit. The proposed rate will increase by $0.03 to $0.69 per unit on October 1, 2006. The quantity charge is proposed to be increased by $0.05 to $0.74 per unit on April 1, 2007. No additional adjustment to the readiness-to-serve charge is proposed. A typical residential customer will see a total increase of $1.49 per month on October 1, 2006 and $1.40 on April 1, 2007. Due to new water supply programs, the cost of meeting water quality standards and the general inflation rate, expenditures have increased 6.5%. This increase is proposed to be effective October 1, 2006 and April 1, 2007. If you need additional information on the water services provided by the City or on the proposed service fee and quantity charge increase, please contact the Water Resources Department at (661)326-3715. WRITTEN PROTESTS may be filed with the City Clerk at any time prior to the conclusion of the hearing. If you challenge the action taken on this proposal in court, you may be limited to addressing only those issues raised at the public headng, or in wdtten correspondence delivered to the City Clerk of the City of Bakersfield prior tc~ the close of the hearing. If protests against the fee increase are. made by a majority of customers and/or property owners on the City of Bakersfield system, the City shall not charge the additional readiness-to-serve fee or quantity rate. Dated: March 15, 2006 PAMELA A. MCCARTHY, CM(~ City Clerk and Ex Officio ~ Clerk of the Council of the City of Bakersfield Please Conserve Water! Water Board Meeting March 15, 2006 8. NEW BUSINESS continued B. City of Bakersfield Agricultural Water Price and Sand Sale Schedule for 2006-07 - For Board Review and Action AGRICULTURAL WATER ENTERPRISE 2006 WATER PRICE AND SAND SALE SCHEDULE The following recommended water prices reflect the current near normal water supply conditions occurring throughout the San Joaquin Valley. Of the seven (7) water price categories shown below, items 1 through 4 are established by existing contracts. The water rates for items 5 and 6 are dependent upon local water supply. These water rates would remain in effect until conditions warranted changes or adjustments to these prices. For information and reference, the 2004 and 2005 schedule for surface water rates are shown for comparison (price per acre-foo0. Actual 2004 Actual 2005 Effective May 1, 2006 (48% of Normal (169% of Normal (85% of Normal Type of Water Water Year) Water Year) Water Year) 1) Basic Contract Water ................... $20.00 $20.00 $20.00 2) City "Borrow/Payback" Contract Water .......................... $23.87 $25.19 $27.48 *3) City Kern River and/or Banked Water sold for domestic, recreational or other uses .......... $63.86 $67.38 $73.48 4) Miscellaneous Kern River Water that would otherwise be used for groundwater banking ................................ $13.66 $14.42 $15.73 5) Miscellaneous Kern River Water sold for surface irrigation .......................... $28.00 $28.00 $28.00 6) City non-Kern River Water sales (oilfield discharge, etc.) ......................................... $22.40 $22.40 $22.40 7) Kern River Canal & Irrigating Co .......................... $21.66 $21.66 $21.66 *Plus power costs associated with operation of 2800 Acre water wells when applicable. Note: To encourage maximum use within the Kern River groundwater basin, water prices in categories numbered 4, 5 and 6 may be reduced 50% during periods of mandatory flood control release and/or encroachment into the flood control storage space at Isabella Reservoir. For annual and/or temporary pumping agreements from canal and river facilities, and for sand sales from City-owned river channel properties, the following rates would remain in effect until conditions warranted changes: ITEM PRICE 1) Temporary Pumping Agreements .................................. $ 50.00 per day 2) Annual Pumping Agreements 5 Truck units or less ...................................................... $400.00 (minimum charge) 6 Truck units or more .................................................... $600.00 (or greater proportionately, depending upon volume) 3) Sand Removal Sales ..................................................... $ 0.50 per cubic yard (plus sales tax when applicable) Water Board Meeting March 15, 2006 9. MISCELLANEOUS ~i,- A. Aquatic Algae Control System for Truxtun Lakes - For Board Information B A K E R S F I E L D MEMORANDUM March 9, 2006 TO: FLORN CORE, WATER RESOURCES MANAGER FROM: MARK LAMBERT, WATER RESOURCES SUPERINTENDENT SUBJECT: TREATMENT OPTIONS FOR ALGAE BLOOMS IN TRUXTUN LAKES Truxtun Lakes has continual algae blooms and weed growth during the warm weather season. In the past the lakes have been treated with a non-toxic chemical application that uses an elemental copper solution (Cutrine and or Agritech) to control this nuisance. These chemicals can be very costly. A possible alternative treatment is recirculation/aeration. Staff was asked to investigate a reservoidpond circulator available from the SolarBee Pump Systems, Inc. as a possible alternative to chemical treatment. As the name suggests this device is solar powered and would not require any additional operating costs. The effectiveness of this SolarBee product for the lakes appears very promising although some chemical application may still be required. Chemical reduction should be at least 50% and could over time be greatly reduced or possibly eliminated. A rental cost sharing approach was included in the proposal from SolarBee to help evaluate the equipment and chemical reduction. Below is a cost comparison using a 25 and 10 year life: 25 Year Life 10 Year Life Cost Annual Savings Cost Annual Savings Method of Treatment per Compared to per Compared to Year 100% Chemical Year 100% Chemical 100% Chemical Treatment $30,000 $30,000 SolarBee Purchase No Additional Chemical $3,700 $26,300 $9,250 $20,750 SolarBee Purchase with 50% Chemical Use $18,700 $11,300 $24,250 $5,750 SolarBee Rent/Option to Purchase No Additional Chemical $4,325 $25,675 $10,800 $19,200 SolarBee Rent/Option to Purchase with 50% Chemical Use $19,325 $10,675 $25,800 $4,200 Staff recommends renting the circulation pump from SolarBee to evaluate its effectiveness. S:~2006 MEMOS\TruxtunLakeAIgae.doc