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HomeMy WebLinkAbout01/10/79 AGENDA WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JANUARY 10, 1979 4:00 P.M. Call meeting to order Roll Call - Board Members: Ratty, Vice-Chairman, B~rton, Bergen, Hoagland 1. Approve minutes of regular board meeting of December 6, 1978. 2. City of Bakersfield's response to letter of December 11, 1978 from Paul Enns, Rosedale-Rio Bravo Water Storage District re- garding Proposal to Store and Pump Hacienda Water. - BOARD TO APPROVE AND AUTHORIZE VICE-CHAIRMAN TO SIGN. 3. Letter Agreement dated November 22, 1978 between Rag Gulch Water District and Tenneco West requesting City Water Board approval for sale of Kern Tulare/Rag Gulch 1977 Kern River water deficiency.- BOARD TO APPROVE AND AUTHORIZE VICE-CHAIP~4AN TO SIGN. 4. Letter Agreement dated December 22, 1978 between Rag Gulch Water District and Tenneco West requesting City Water Board approval for sale of Rag Gulch 1978 Kern River contract water to Tenneco West, with letter of stipula~t-ion, at_ta~ch~&l~ - BOARD TO APPROVE AND AUTHORIZE VICE-CHAIRMAN TO SIGN. 5. Lette~ 'from Kern Delta Water District regarding sale of Power Flow Storage Water. - FOR DISCUSSION. 6. Staff Comments 7. Board Con-uLLents 8. Adjournment M I N U T E S '~ ~'~ WEDNESDAY, DECEMBER 6, 1978 4:00 P.M. The meeting was called to order at 4:00 P.M. by Vice-Ch&lrman Ratty in the City Hall Caucus Room. The secretary called the roll as follows: Present: Ratty, Barton, Bergen, Hoagland Absent: None Staff Present: Chafin, Hansen, Hostmyer The minutes from the meeting of November 8, 1978, were approved as presented. A position paper from the City of Bakersfield Water Board in response to a questionnaire from the Kern County Water Districts Advisory Committee was recommended to the board for approval. After discussion, upon a moti6n by Mr. Barton, which was passed the board approved the response to the questionnaire from the Advisory Committee as amended and modified. At this time it was suggested that the position paper be forward- ed to the City Council for their information. There being no further business to come before the board, Vice- Chairman Ratty adjourned the meeting at 4:40 P.M. Donald K. Ratty, Vice-C,~irman City of Bakersfield Wa~r Board Hostmy~r/ SecreCY0 City of Bakersfield Water Board · WATER STOR'AGE D'ISTRICT, ~ : . ,CI,.IY..CLERi/ 'December 11, 1978. , City Council City of Bakersfield City Hall Bakersfield, California Ref Proposal to Store and Pump Hacienda Water Gentlemen: '~ It is our understanding from recent'conversations with various members'of, your staff that the City is presently percolating, in the City's 2800 acre spreading basin west of Bakersfield, water identified .ms "Hacienda" water from lower Kern..River interest. In 1977 the City executed a memorandum of understanding with Mr. George Nickel on behalf of Olcese Water District. At the time the memorandum was presented to your Council, you were told, according to your minutes of May 2, 1977, that a formal agreement'would be forthcoming. To' Rosedale's.knowledge, nothing further has been accomplished in regard to formalizing the agreement.- Based on the above', certain questions are raised: 1. What, if' any, action by the City has been taken to implement and formalize the memorandum of understanding? 2.' What, if any,. study of the environmental affects of the' proposal have been, or will be, made prior to formalization of the agreement. Rosedale, because of its proximity to the City's spreading grounds, is very interested in the City's proposed use of the ground water basin, and thus believe it to be in the best interest of all, that a full study of the proposal set forth' in the memorandum of understanding referred to above be made prior to its formalization. We are hopeful that the City will agree that such a study is appropriate and will take the lead in conducting the'same. December 11, 1978 Page Two -~ We will look forward to hearing from you in regard to this. Very truly yours, RIO BRAVO-ROSEDALE 'WATER STORAGE DISTRICT PAUL I. ENNS DEPARTMENT OF WATER lanuar~ 8, 1~7~ Roseda[e-Rto Bravo Wate~ Storage D[strtct [4[5 - [8th Street, ROom 302 ~a~e~s~e[d, CA, 9330[- Attention: Mr. Paul I. Enns Gentlemen: Your letter of December 11, 1978 has been referred to this Water .. Board for response. Frankly, we do not understand your lack of knowledge relating to the water spreading activities at the City of Bakersfield Water · Spreading Facility, the 2,800 acres along the Kern River between Renfro Road and Interstate Highway 5. The water presently being spread is not identified as "Hacienda" water, as you mention in your letter. It is state Project water being spread by the Kern County Water Agency "...to replenish the water table of Kern County.. ," under the terms of an agreement ~vith the City dated October 2, 1978. Apparently you do not understand that this is a benefit to your district as well as other areas of Kern County. The water spread by the Lower River.interests, the so-called "Hacienda" water, was completed by November 4, 1.978, by which'time they had spread · about 24,300 acre-feet duri~g the '1978 season. Between November 5 and November 30, '1978, Buena Vista %Nater Storage District spread about 6,050 acre-feet at the City's Water Spreading Facility under a temporary agreement dated November 3, 1978. Mr. Enns has known, or should have known, for some time that the memorandum of understanding With Mr. George Nickel, on behalf of Olcese Water District, had evolved into a long-term agreement for spreading and recovery of water at the City's Water Spreading Facility on November 9, 1977. This has been discussed openly with Mr. Enns and other interested persons on numerous occasions by the City's staff and consulting engineer at meetings of the so-called Kern River Fan Group and at other meetings among Mr. Enns, the City's staff and consulting engineer and others on at least two other occasions--one of which meetings was in the City Manager's office on September 12, 1978. 1501 TRUXTUN AVENUE · BAKERSFIELD, CALIFORNIA 93301 · (805) 861-2715 Ro~edale-Rio Bravo Water Storage District Attn: Paul I. Enns 1/8/79 page 2 In the City of Bakersfield Position Paper with respect to water Management in Kern River Fan Area, dated April 15, 1978, the long-term agreement with Olcese,Water District was specifically mentioned. That paper was given to Mr. Enns and others at a Fan Group meeting in April of 1978. Amemorandum dated ~une 29, 1978, prepared by the City's consulting engineer, Thomas M i Stetson, to which was attached a Draft of Water Management Plan for Kern River Fan Area, also m~ntions the Olcese Water District agreement with the City for spreading and recovering water at the City's Water Spreading Facility. That document was also given to Mr..Enns and others at a Fan Group meeting on Iune 30, 1978. The answers to your' specific questions are as follows: 1. The memorandum of understanding was implemented and formalized at a public meeting of this Board by, as mentioned above, a formal agreement dated November 9, 1977, Agreement No. 77-07 W.B., and amended at a public meeting of this Board by Agreement No. 78-19. W.B., dated June 27, 1978. 2. An environmental assessment was made and a negative declaration filed under date of October 20, 1977. We appreciate your interest in the City's water spreading activity, but we are at a loss to understand why you are raising these questions at this time in view of the fact that Mr. Enns has attended numerous meetings over the past year and a half where the City's water spreading activities have been openly discussed.. There can be no question that you have been aware that the water spreading facilities ha{ze been in operation throughout most of calendar year 1978 conserving within Kern County tens of thousands 'of acre-feet of water which would otherwise have been lost to this area: We hope this satisfactorily answers the questions raised in your letter of December 11, 1978. Very truly yours, Donald K. Ratty, Vice-Chairman City of Bakersfield Water Board Rosedale-Rio Bravo Water Storage District Attn: Paul I. Enns 1/8/79' .page 3 ~'. cc: Donald. M~"Hart ~. Clarence E. Medders Vernon D. Strong J. M. "Chris" Christensen Donald K. Rat%y Michael E. Sceales James J. Barton John Jelmini, Jr. Roy Fast Edward J~ Haag Wes Selvidge ~' C. H. Williams Gilbert Castle Bob Bellue ~ Harold Russell, ~ Carlo Wilcox Gary Gamble Stan Barnes George ,Nickel Bill Balch Mel Jans Hugh Williams Bill Moore Tom Ashlock, Manager -' .. Rag Gulch' Water District Great Western Savings Building 1415 - 18th. Street, Room 314 ', Bakersfield, California' 93301 Dear Mr. Ashlock: This letter is in response to your request to sell 1979 Rag Gulch Water District/City of Bakersfield Kern River Contract water to. Tenneco West, Inc. In addition to this you have requested that 4,749 acre feet of undelivered 1977 Kern River wate~ be assigned to Tenneco West in 1979. Since a similar assignment of Kern River contract water was allowed Kern-Tulare water District in 1977 and 1978, the Water Board will honor your Rag Gulch Water District re- quest for 1979. However, With the powers provided under section 4.6 of Article IV of the City of Bakersfield/Rag Gulch Water District Kern River contract, the Water Board would be reluctant to allow future long- term assignments. This was not the intent of the original contract. For future planning you 'should realize that Contract assignments must be held to a minimum. To maintain the integrity of the original Kern River contract any future requests for assignements to others will be striCtly scrutinized by the Water Board. Sincerely, .. "~ Donald K. Ratty, Vice-Chairman City of Bakersfield Water Board DKR:lh · 1501 TRUXTUN AVENUE · BAKERSFIELD, CALIFORN IA 93301 · (805) 861-2715 ~.~ ': RAG GULCH WATER DISTRICT C~reat Western Savings Building 1415 Eighteenth Street, Room 314 Bakersfield, California 93301 Telephone: (805) 325-9031 (805) 327-3132 BOARD. OF DIRECTORS THOMAS' E. ASHLOCK AL HOLLOWAY, PRESIDENT Manager VINCENT J. ZANINOVICH, VIcE.PRESIDENT MAT'rPANDO[., SECRETARY A. CAMERON PAULDEN0 OGDEN M. KIESEL, TREASURER Atlorney MILAN CARATAN January 3, 1979 City of Bakersfield Department of Water 1501 Truxtun Avenue Bakersfield, CA 93301 Attn: John Chafin Dear Mr. ~Chafin: Enclosed herewith is a copy of a letter agreement dated December 22, 1978 between the Rag Gulch Water District and Tenneco West for sale 'of Up'to 3,000 acre-feet of Rag Gulch Water District's 1979 Kern River water supply under the Rag Gulch/City of Bakersfield Kern River water sale contract. In accordance with the terms of the District's contract with the City of Bakersfield approval of this sale is required by the City of Bakers- field and therefore, such approval is hereby requested. Very truly yours, Thomas E. Ashlock District Manager TEA: cl xc: Mr. Melvin Jans ~' ~,' · ~' RAG GULCH WATER DISTRICT '~" Great Western S~vings Building 1415 Eighteenth Street, Room 314 Bakersfield, Callfor~nia 93301 Telephone: (805)}325-9031 ~ (805) !327-3132 BOARD-OF DIRECTORS TH0~I~I~S E. ASHLOCK AL HOLLOWAY, PRESIDENT Manag'er VINCENT J. ZANINOVICH. VIcE.PRESIDENT. A. CAMERON PAULDE~I, I~IATT PANDOL, SECRETARY AIIorn~y OGDEN M. KIESEL. TREAEURER MILAN CARATAN :~,: De~ember' ~22, 1978 ' Mr. Melvin Jans Vice President Tenneco West P. O. Box 9380 Bakersfield, CA 93309 Dear Mr. Jans: This letter is to confirm our general understanding that Rag Gulch Water District will agree to sell to Tenneco West up to 3,000 acre-feet of the District's 1979 City of Bakersfield, Kern River water supply. Rag Gulch will sell. said water under the following terms. 1. Rag Gulch has until March l0 to cancel all or part of the sale and retain the water for its use to exchange for Friant- Kern water that will be used within the Rag Gulch Water District. Rag Gulch will attempt to obtain other Bureau of Reclamation water in place of this 3,000 acre-feet of Kern River water. 2. Cawelo Water District has requested Rag Gulch to' exchange tHi~ Kern River water for a like amount of Cawelo State water. Rag Gulch is willing to do this if the-exchange does not appreciably hurt Tenneco o~ Rag Gulch. Therefore, to allow for this possibility Rag Gulch retains the option to convert this Kern River water to State wate~ and deliver,in lieu of Kern River water~ State water in the Cross Valley Canal west of the Arvin-Edison turnout. Rag Gulch further agrees that if Tenneco can show that this conversion would adversely affect the water's value to any great extent to Tenneco Rag Gulch will waive this option. 3. Sale price of this water shall be $20.OO/AF delivered under the terms of Rag Gulch's City of Bakersfield contract. 4. Tenneco agrees to take delivery of said water and pay Rag Gulch for the water once Rag Gulch has failed to excercise its option in paragraph no. ~. Mr. Melvin Jans Tsnnec0,, West ~e~ember 22, 1978 Page Two 5. Final saleis ~ubject to the City of Bakersfield's approval and'subject to all terms And conditions of the Rag Gulch/ City of Bakersfield Kern River contract. Payment for said water shall be 25% of'the total sale price made to Rag Gulch on March 25, June 2~; September 25, and December 25, 1979. ~ ~: If the amount of water under contract to Tenneco after 'March 10, 1979 fails to appear within the City's 1979 water supply then Rag Gulch further agrees that Tenneco shall own the right to the 1979 payback 'water Tenneco has paid for under the terms for payback water in the City of Bakersfield/Rag Gulch contract. If this letter agreement is satisfactory to Tenneco and Tenneco wishes to make this sale agreement please sign one copy and return it to the Rag Gulch Water District office. APPROVED BY TENNECO WEST: APPROVED FOR RAG GULCH WATER DISTRICT: District ~anager DATED: December 28, 1978 TEA: cl APPROVED AS TO FORM: '' ACCEPTED BY: CITY OF BAKERSFIELD CITY ATTORNEy~ BY Vice-Chairman - Water Board ~,' RAG GULCH WATER DISTRICT Great Western Savings Building 1415 Eighteenth Street, Room 314 Bakersfield, California 93301 Telephone: (805) 325-9031 (805) 327-3132 BOARD, OF DIRECTORS THOMAS E. ASHLOCK AL HOLLOWAY, PRESIDENT Manager VINCENT J. ZANINOVICH, VICE-PRESIDENT , A. CAMERON PAULDEN, MATT PANDOL, SECRETARY - OGDEN M. KIESEL, TREASURER Aflorney MILAN_CARATAN January 2, t979 City of Bakersfield Department of Water 1501Truxtun Avenue Bakersfield, CA 93301 Attn: John Chafin Dear Mr. Chafin: Enclosed herewith is a copy of a letter agreement dated November 22, 1978, between the Rag Gulch Water District and Tenneco West, covering the sale of 4,749 acre-feet of Kern River payback water under the City of Bakersfield Kern River Water sales contract. In accordance with the Dis%rict's contract with the City of Bakers£ield~ approval of a sale of the subject contract water is required if the sale is to parties other than the original contractors. Such approval is hereby requested. Very truly yours~ Thomas E~ District Manager TEA: cl xc: Mr. Melvin Jans '" ~ RAG GULCH WATER DISTRICT : Great Western Savings Building 1415 Eighteenth Street, Room 314 Bakersfield, California 93301 Telephone: (805) 325-9031 (805) ~27-3132 BOARD OF DIRECTORS ! THOteLA$ E. ASHLOCK0 · ~ Manager AL HOLLOWAY, President i I VINCENT J. ZANINOVICH, Vice-Presldenl ~ GENE McMURTREY, MATT PANDOL, Secretary November 22, 1978 A.orney OGDEN M. I(IESEL ~ NORMAN D. MclNTIRE, Treasurer · Mr. Melvin Jans Vice President Tenneco West o P.O. Box 9380 Bakersfield, CA 93309 Dear Mr. Jans: This letter is to confirm the sale of the following amounts of Kern River water to Tenneco West from the Rag Gulch Water District. ~ 2,001 acre-feet Listed as payback water under the City of Bakersfield, Rag Gulch Water District 2,748 acre-feet Listed as payback water under the :~p:l City of Bakersfield, Kern-Tulare ,i Water District and subsequently sol~ to Rag Gulch Water District g,749 acre-feet of Kern River water Terms of the sale are as follows. Sale price is to be $20.00 per acre-foot payable to the Rag Gulch Water District by December 28, 1978. Sale of this water will not be final until approva~ by the City of Bakersfield has been obtained. Delivery of this water will be in accordance with terms and conditions . of the Rag Gulch Water District and the Kern-Tulare Water District contracts for payback water.~ intended to serve as firm offer of sale for the subject This letter is water. If Tenneco wishes to accept this offer under these terms please sign one copy of this letter and retu~ it to the Rag ~lch Water District. Rag Gulch will then proceed to request the necessary City approval. ACCEPTED BY TENNECO WEST: Very truly_~o__urs, .......... ~ Thomas-E. Ashlock ~ - ..... District Manag~ ..... . .... TEA: cl ;, DIRE~CTORS i McMURTREY AND ETCHEVERRY STANLEY~E. WILLlS, ~RE$1D~[N~ ATTORNEYS AT LAW fRANK G^RO.~£. V,CE'6. ES,D... KERN DELTA WATER DISTRICT "' HOWARD R. FRICK. SECRI-~TARY BOYLE ENGINEERING MELVIN DESTEFANI. COMBINED OFFICER P.O. BOX 15.~ CONSULTING ENGINEERS STANLEY ANTONGIOVANNI DEL KERN STATION STANLEY M. BARNES BAKERSFIELD. CALIFORNIA 93307 ROBERT F. BOON PHILIP J. CERRO TELEPHONE (80~) 834-4653 HALE COSTERISAN GILBERT CASTLE. JR., MANAGER ~ GENE McMURTREY. ASST. SECY. January 5, 1979 '. City of Bakersfield Water Board 1501 Truxtun Avenue Bakersfield, CA 93301 Gentlemen: *Kindly refer to the attached copies of an exchange of correspondence between Kern Delta Water District and North Kern Water Storage District dated August 18 and August 28, 1978 regarding the disposition, outside of the service area boundaries of Kern Delta of power flow accumulations Kern Delta purchased from Southern California Edison Company which is currently stored in Isabella Reservoir. Kern Delta Water District has an opportunity to sell its remaining supplies of power flow storage, about 3000 acre feet, to. Arvin Edison Water Storage District during the month of January 1979 only and hereby respectfully requests that your honorable body reconsider its position as indicated by that certain letter dated April 4, 1978, addressed to Kern Delta Water District Board President Stanley E. Willis by the then City of Bakersfield Water Board Chairman Donald A. Rogers. Your cooperation is earnestly solicited in order that this District b~ afforded an opportunity to salvage a small portion of the approximate $200,000 unrei~ursed loss it suffered in the 1977-78 power flo~_program. ~Very tru~~s, ~ilb~e~-H ~Cas~le - ~ General Manager Kern Delta Water Diet t GHC/lc *Enclosures cc North Kern Water Storage District Arvin Edison Water Storage District JAN 9 1979 CITy OF BAKERSFIELD DEPARTMENT OF r~,~,~,~ G&~ONC. V,~...c.,~... KERN DELTA WATER DISTRICT MELVIN O£STEIrAN]. CO~,~NrD ~Ak[RSFIELD. CALIFORNIA 9330? ROBERT F BOON PHILIP J CIrRRO ADMINISIR&IION OFFICE I BO~ ) B~4-4 19~ ' · HALE COS'I ERISAN O P[ I~ A"I' I ONe, GILBERT CASTLE, JR., H&NAGER GENE McMURTR£Y, ASST. SECy. August 18, 1978 Honor.~ble Board of Directors North Kern Water Storage District P.O. Box 1195 Bakersfield, CA 93302 Re: Kern Delta Power Flow Storage Gentlemen: This ~s in response to your letter of June 15, 1978. As we. have indicated previously, the Kern Delta Water District does desire to alleviate, the financial strain placed upon it by the unique circumstances which occurred during its first year' of operation. We plan to do so, in part, by making the most economically beneficial use of our power flow storage water during the calendar year 1978. While'we believe we have the right to use such water as we s~e fit, we are not unaware of the opposition to this position which has been expressed by North Kern Water Storage District and others. It is not our desire to precipitate a confrontation between our respective Districts. Accordingly, we propose that Kern Delta's sale or use of power flow storage outside the historical service'area of the Kern Island Wa~er Company during the calendar year 1978 shall be accomplished without prejudice to the rights of-any party and-,shall not be claimed by any ~r~Y as a' precedent precluding objectio~ {o future transactions ~ a similar nature. In addition, we propose the immediate commencement of negotiations for a complete and final solutio~ to whatever differences of opinion exist regardln9 .the nature and extent of our respective Kern River water rights. In this regard a committee of the Kern Delta Board has been appo£pted and stands . ready and willing to ~eet with you at your earliest convenience. JAN' 9 1979 CITY 'OF BAKER$1=IELD OEPARTMI~NT OF WATI:f~ pace 2 Very truly yours,', stanley E. willis Presi.dent Kern Delta W. ater DistriCt SEW/lc ' cc: Gene McMurtrey C.H. Williams Buena Vista Water Storage District City of Bakersfield Kern County Water Agency EXHIBIT "G" ; ' ~., , NORTH KERN WATER STORAGE DISTRICT .-- BOX 1195 I BAKERSFIELD, CALIFORNIA 93302 ... (805) 325-31 ! 6 ,. August 2.8,-1,978 Honorable Board o'f Directors Kern Delta Water District Post Office Box 155 Del Kern Station'' Bakersfield, California 93307 ., Attention: Stanley E. Willis President Re: Kern Delta Power Flow Storage Gentlemen: We have read and considered your letter of Augus, t 18, 1978 setting forth a proposal to accommodate Kern Delta's sale or ~. use of power flow storage outside the historical service area of the Kern Island Water Company during the calendar year 1978. This is to advise you that North Kern Water Storage District has no objection to your proposal upon the conditions set forth in your letter. We note your suggestion regarding the immediate commencement of negotiations for a complete and final solution to whatever differences of opinion exist regarding the nature and extent of the respective Kern River water rightst We will respond to your suggestion in the near future. Your letter will be.presented to the Board of Directors at. its Adjourned Meeting to be held August 31, 1978. Very truly yours, Lee Froman President ch -cc: Gene McMurtrey : C. H. Williams Buena Vista Water Storage District ~-'"~ gCg~'~1~ '~-~" City of Bakersfield Kern County Water Agency A. c. 'auZden JAN 9 1979 CITY OF BAKERSFIELD Exhibit "E" DEPARTmeNT OF WATI~ ~_ .~,~ .... ETSON ENGINEERS INC, I ClVIL AND CONSULTING ENGINEERS 3104 East Garvey Avenue 550 Kearny Street- Suite 650 West Covina, California 91791 January 2, 19 7 9 San Francisco, California 94108 (213) 967-6202 (415) 781-4297 West Covina Mr. John Chafin, Manager City of Bakersfield Water Department 1501 Truxtun Avenue Bakersfield, CA 93301 Dear John: Attached is a draft of a response to the letter of December 11, 1978 which Paul Enns addressed to the City Council. It needs some blanks filled in, of course, but we ought to be able to finalize it on Friday, January 5, 1979. In connection with the environmental assessment, you may wish to have Ken Hoagland's office review Public Resources Code Section 21167(a), which, I am informed, provides that any proceeding to attack, review, set aside, void or annul would have to be started within 180 days of the decision to carry out or approve the project. Sincerely, Thomas M. Stetson TMS:jk Enclosure cc: Harold Bergen Stanley Hatch !Ho~A~; M. 'S~£TSON 781230--tms DRAFT OF LETTER Rosedale-Rio Bravo Water Storage District 1415 Eighteenth Street Room 302 Bakersfield, CA 93301 Attn: Mr. Paul I. Enns Gentlemen: Your letter of December 11, 1978 has been referred to this Water Board for response. Frankly, we do not understand your lack of knowledge relating to the water spreading activities at the City of Bakersfield Water Spreading Facility, the 2,800 acres along the Kern River between Renfro Road and Interstate Highway 5. The water presently being spread is not identified as "Hacienda" water, as you mention in your letter. It is State Project water being spread by the Kern County Water Agency "...to replenish the water table of Kern County..," under the terms of an agreement with the City dated October 2, 1978. Apparently you do not understand that this is a benefit to your district as well as other areas of Kern County. The water spread by the Lower River interests, the so- called "Hacienda" water, was completed by November~.~, 1978, by which time they had spread about 0~_,~ ~ ~.~acre-~eet during the season Between November~-,and r .~ , 1978, 1978 Buena Vista Water Storage District spread about . ~-~ acre-feet at the City's Water Spreading Facility under a temporary agreement dated November .~ 1978. · Page two ~ 'T~'I;'I(;'MAS' M. STETSON Mr. Enns has known, or should have know~ for some time· that the memorandum of understanding with Mr. George Nickel, on behalf of Olcese Water District, had evolved into a long-term agreement for spreading and recovery of water at the City's Water Spreading Facility on November 9, 1977. This has been discussed openly with Mr. Enns and other interested persons on numerous occasions by the City's staff and consulting engineer at meetings of the so-called Kern River Fan Group ~.. ' ~- ~-" ' .... ~~o~- - , ~~ and at other meetings among Mr. Enns, the City's staff and consulting engineer and others on at least two other occasions--one of which meetings was in the City Manager's office on September 12, 1978. In the City of Bakersfield Position Paper with respect to Water Management in Kern River Fan Area, dated APril 15, 1978, the long-term agreement with Olcese Water District was specifically mentioned· That paper was given to Mr. Enns and others at a Fan ~roup meeting in April of 1978. A memorandum dated June 29, 1978, prepared by the City's consulting engineer, Thomas M. Stetson, to which was attached a Draft of Water Management Plan for Kern River Fan Area, also mentions the Olcese Water District agreement with the City for spreading and recovering water at the City's Water Spreading Facility. That document was also given to Mr. Enns and others at a Fan~roup meeting on June 30, 1978. The answers to your specific questions are as follows: 1. The memorandum of understanding was implemented and formalized at a public meeting of this Board by, as mentioned above, a formal agreement dated November 9, 1977, Page three .~,~'- THOMA~ M. STETSON Agreement No. 77-07 W.B., and amended at a public meeting of this Board by Agreement No. 78-12 W.B., dated June 27, 1978. 2. An environmental assessment was made and a negative declaration filed under date of ~~- ;~, 1977 We appreciate your interest in the City's water spreading activity, but we are at a loss to understand why you are raising these questions at this time in view of the fact that Mr. Enns has attended numerous meetings over the past year and a half where the City's water spreading activities have been openly discussed. There can be no question that you have been aware that the water spreading facilities have been in operation throughout most of calendar year 1978 conserving within Kern County tens of thousands of acre-feet of water which wOuld otherwise have been lost to this area. a. nd-taken--the-~le-a8~in-enhancing-~t-he~water~supp-l~ie~o'f--Ke'rn~-~-R~t=y~