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Home My WebLink About08/30/78 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, AUGUST 30, 1978 4:00 P.M. Call meeting to order Roll Call - Board Members: Rogers, Chairman; Barton, Ratty, Bergen, Hoagland 1. Approve minutes of regular meeting of August 23, 1978. 2. Scheduled Public Statements 3. Presentation of Domestic Water Rates Review by consultants and staff. - BOARD TO DETEP~INE ACTION. 4. Letter to North Kern Water Storage District regarding use of the Calloway Canal. - BOARD TO APPROVE AND AUTHORIZE CHAIRMAN TO SIGN. - 5. Staff Comments Board Comments 7. Adjournment MINUTES WATER BOARD - CITY OF~ BAKERSFIELD WEDNESDAY, AUGUST 23, 1978 4:00 P.M. The meeting was called to order bY Chairman Rogers in the City Hall Caucus Room. The secretary called the roll as follows: Present:Rogers, Barton, Ratty (arrived at 4:10 P.M.) Bergen Hoagland Absent:~ None Staff Present: Chafin, Combs, Hostmyer, Howard, Needham, Stetson The minutes for the adjourned regular meeting of August 7, 1978, were ~pproved as presented. Staff Comments Mr. Needham at this time informed the board that the Department of Water would like the board to approve the advertising to hire a Domestic Water Superintendent to under fill the position of Assistant Water Manager. Mr. Bergen made a motion that the board approve the advertising for the position. The motion was passed. Chairman Rogers declared a brief recess at 4:05 P.M. and the board reconVened at 4:10 P.M. to discuss Domestic Water Rates. At this time a ~considerable discussion followed by board and staff regarding Domestic Water Rates. Mr. Bergen commented that the gross plant value of Ashe Water was deemed to be 3.07 million dollars for the purpose of determining the annual pay- ment of operating the system for California Water Service. This does not represent the actual value of the utility, and due to the fact that in all analysis for acquistion of the Tenneco water rights and facilities no net revenues above cost of oper- ation were anticipated from Ashe, therefore, I make a motion that the analysis used by consultants to determine rates be modified to reflect the above facts. The motion was passed. Mr. Barton commented that if the expenses for capital improve- ments could be extended over a longer period or be reduced it would reflect a lower rate requirement. The staff commented that recommended expenditures for capital~improvements were minimal. Discussion followed on application of Rule 15 and effects on capital improvements. Mr. Barton made a motion that the staff meet with representatives of Stockdale Develop- ment Corporation to consider application of the special facilities agreement of Rule 15 so that capital expenditures by the City with- in the Ashe System are minimized. There being no further business to come before the board, Chair- man Rogers adjourned the meeting at 5:30 P.M. Donald A. Rogers, Chairman City of Bakersfield Water Board Linda Hostmyer, Secretary '~ City of Bakersfield Water Board August 28, 1978 Board of Directors North Kern Water Storage District P. O. Box,l195 Bakersfield, California 93302 Re: Possible Delivery of Kern River Water to Kern County Water Agency Gentlemen: It has come to our attention~that your District may be considering a possible sale or exchange of Kern River water to or with the 'Kern County ~ater Agency. We would like to take this opportunity to remind you of two very important provisions of the July 9, 1952 Agreement for Use of Water Rights under which your District exercises its rights to divert and use Kern River water. "6. Purpose of Use by District. Any and all waters which shall be diverted by the. District from the Kern River pursuant to this agreement may be used for the purpose of irrigation, stock watering and underground water replenishment and for no other purpose or pur- Poses whatsoever." "7. Place of Use by District. Any and all waters diverted by the District from the Kern River here- under may be used~within the present boundaries of the District, but not elsewhere." Since the companies that entere~ the agreement to allow your District to use Kern River water retained and ~eserved to themselves ~and their ~successors in interest the right to use the Kern River water not 1501 TRUXTUN AVENUE · BAKERSFIELD, CAL. IFORNIA 93301 · (805) 861-2715 Board of Directors ~ North Kern Water Storage District August 28, 1978 Page Two diverted by your District in accordance with'the provisions of the 1952 Agreement and'since the City of Bakersfield is the successor in interest of those retained and reserved rights, the City will not look with favor upon any attempts of your District to allow such Kern River water to'be used, directly or indirectly, outside of the 1952 boundaries of your District or to allow such Kern River water to be used for any purpose within the 1952 boundaries of your District other than those specified in the 1952 Agreement. By this letter you are put on notice that any use of Kern River. water under the said 1952 Agreement which deviates from the express terms of that agreement will be considered as an infringement on the rights and property of the City of Bakersfield. Sincerely, Donald A. Rogers, Chairman City of Bakersfield ~'~ater Board DAR:lh APPROVED AS TO FORM: City Attorney TETSON ENGINEERS INC, CIVIL AND CONSULTING ENGINEERS 3104 East Garvey Avenue 550 Kearny Street - Suite 650 West Covina, CaLifornia 91791 San Francisco, California 94108 (213) 967-6202 August 18 · 1978 (415) 7814297 RSPUY TO: San". Francisco Mr. John Chafin~ Manager Water Department City of Bakersfield 1515 Oak Street Bakersfield, CA 93301 Dear John: As we discussed, I have drafted, the attached letter to be sent to' North Kern Water Storage District if and when you and the Water Board deem it advisable. As I understand it, North Kern is apparently con- sidering an exchange agreement whereby North Kern would deliver Kern River water to the Kern County Water Agency in exchange for State Project water which the Agency would deliver to North Kern. This would be a violation of the July 9, 1952 Agreement' for Use of Water Rights. Since the City is the successor in interest to the canal companies which entered that agreement with North Kern, it is in the best interest of the City to see that North Kern lives up to the provisions of that agreement. It is my view that an exchange as outlined above would violate paragraph 6, Purpose of Use by District, and paragraph 7, Place of Use by District, of the agreement. Sincerely, Thomas M. Stetson TMS:jk Enclosure ~/.~ cc: Mr. Harold Bergen Mr. Kenneth Hoagland AUG a 1 .~iii~ oF W^TE~ Board of Directors North Kern Water Storage District Bakersfield, CA Re: Possible Delivery of .Kern River Water'to Kern County Water Agency Gentlemen: It has come to our attention that your District may be considering a possible sale or exchange of Kern River water to or with the Kern County Water Agency. We would like to take this opportunity to remind you of two very important provisions of the July 9, 1952 Agreement for Use of Water Rights under which your District exercises its rights, to divert and use Kern River water. "6. Purpose of Use by District. Any and all waters which shall be diverted by the District from the Kern River pursuant to this agreement may be used for the purpose of irrigation, stock watering and underground water replenishment and for no other purpose or pur- poses whatsoever." ,,7. Place of Use by District. Any.and all waters diverted by the District from the Kern River hereunder may be used within the present boundaries of the District, but not elsewhere." Since the companies that entered the agreement to allow your District to use Kern River water retained and reserved to themselves and their successors in interest the right to use the Kern River water not diverted by your District in accordance with the provisions of the 1952 Agreement and since the City of Bakersfield is the successor in interest of those retained and reserved rights, the City will not look with favor upon any attempts of your District to allow such Kern River water to be used, directly or indirectly, outside of the 1952 boundaries of your District or to allow such Kern River to be used for any purpose within the 1952 boundaries of your District other, than those specified in the 1952 Agreement. By this letter you are put on notice that any use of Kern River water under the said 1952 Agreement which deviates from the express terms of that agreement will be considered as an in- fringement on the rights and property of the City of Bakersfield. Sincerely, Bakersfield Water Board /