The URL can be used to link to this page

Home My WebLink About06/01/83 ~.- ; -F ... " r " <> -- --. AGENDA ------ , WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JUNE 1, 1983 12:00 P.M, - NOON Call meeting to order. Roil call - Board Members: Barton, Chairman; Payne, Ratty, Ke1mar, Oberho1zer 1. Approve minutes of special meeting held April 21, 1983. 2. Correspondence: a) Cawe10 W.D. letter to City Council dated April 25, 1983. This letter was referred to Water Board by Council action on May 4, 1983. FOR BOARD ACTION. 3. Authorize Director of Water Resources to execute Mainline Extension Agreements. FOR BOARD ACTION. 4. Authorize Director of Water Resources to execute Amendment to all Mainline Extension Agreements entered into between City and Developers after June 11, 1982. FOR BOARD ACTION. 5. Mainline Extension Agreements for various tracts in Ashe Water System. FOR BOARD INFORMATION. 6. Public comments to the Board. 7. Staff cormnents. 8. Board comments. 9. Adj ournmen t . ~o_'--'--'---' -_._-~,:....--- ._~,--.._-_.- "-----"---"-'---------'-' -.--......:-.:..--,.---.---.-----.--- ---.---._- '-"'-----'.'--"--0--'----'-- _.. -. """ ..::-i~ I .. 'ò'" c:> " M I NUT E S ------- SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD THURSDAY, APRIL 21,1983 12:00 P.M. - NOON The meeting was called to order by Chairman Barton in the Department of Water Conference Room. The secretary called the roll as follows: Present: Barton (Chairman), Payne, Ratty, Kelmar, Oberholzer. Absent: None. The minutes from the meeting of March 2,1983, were approved as presented. The letter from Henry Garnett, President of Kern County Water Agency to James J. Barton dated March 30,1983 and the response letter from Paul Dow, Director of Water Re- sources dated April 12,1983 were accepted and placed on file. The Agricultural Water Enterprise "1983-84 Operations and Capital Outlay Budget". Mr. Kelmar suggested there should be a proviso attached to the Budget, that funds proposed for expenditure on Public Work's projects in the Capital Outlay Budget not be expended until City's Budget is finally adopted. Dr. Ratty made the motion that the Budget be accepted with the suggested proviso and recommended to the City Council. The motion passed. The Agricultural Water Enterprise "1983-84 Water Price and Sand Sale Schedule" Budget. Mr. Kelmar brought up the question that with all the water this year, what impact would this have_as far as reduction in the sales of mis- cellaneous water? Mr. Dow replied that the figure is a pretty good figure for this year, but next year's figure is based on an estimated 85% of average year. Mr. Kelmar made a motion for approval of this Budget by the Board and that it be recommended to the City Council. The motion passed. The 1983-84 Domestic Water Enterprise Operations and Capital Outlay Budget. Mr. Kelmar raised the question of the pump tax being reduced and what impact it would have on our budget. Mr. Core replied that they would know after the Water Agency has it's meeting on April 28th. If the pump tax is reduced it would have an impact on the Budget and that there would be a method of refunding the money. Mr. Payne made a motion to adopt the proposed Budget and submit it to City Council. The motion passed. r. [- _:- I I;::!; '- - - - --- - -- - -- " '\ . The Board recessed to the Closed Session. I Board I í i °0'",1 ~ '(2 ~4 CaroMagan, S r~ City of Bakersfield Water Board , I I ,.t I , ~ -2- .-- ----' .t..-.. !' "- í ~ ~ ,:7:' -r-, /i"-" ',,--,',' ~ .. , ' Cawelo Water District 305 (;r("r \'.-'~;!(!'" Sa'J:r:gõ ::'l;;¡d,ng C \\ C':'",,\[1 p"""GC-': i415,13:",St~e": JOf-'NL JONES [;'>:',C"'..'anage'- -' '"ORI.~Ar'J é)..;v;:: \:'C~ "";$.jp',: Bakè,S'Il'i,:i. C3!,7'J~n;éi 9:;.301 STE?HEN \""":'~L. ¡'e&!. .'.;:ty. ~~: :::\'i.A.L~S~~"'P:;.".. Te!e:),:N;('(305\325-?G31"."~ ';"'; ;,., R.~~S,:~~"~E~',="S'f\{'e' " .! :.G:\;u~'-' , .. 'P.:.eLL M~KJ;:1~:3n1 Treas. Õ'<'-.1",'::.r,.:; ßl-':"C;";\'¡ELL April 25, 1983 -- r~ ¡; ; -: 1>-- : ~ ;--~{ -: ., ~ r- City Council ~;~ City of Bakersfield : - ~ 0 1501 Truxtun Avenue ~~ Bakersfield, CA 93301 ~.. (.-: . . Gentlemen: Re: Agreement No. 76-t2 for Sale of Kern River Water' At its regular monthly meeting held on April 21, 1983, the Board of Directors of Cawelo Water District discussed the District's agree- ment with your City above referenced in the context of the disagree- ment between your City and Kern-Tulare Water District, another of the four long-term contractors, as to the meaning of those contracts which were the basis of your City's acquisition of its Kern River water rights. The members of our Board and its staff have reviewed the recent correspondence between Kern-Tulare and representatives of your City, as well as the contracts themselves and the documentation leading thereto, and it is our conclusion that Kern-Tulare's interpretation of the contract language is correct and that of the representatives of your City is incorrect. . This is to place your City upon notice therefore that this District will insist upon its right to purchase the water from Kern-Tulare which it proposes to sell to this District. In addition to the reasoning advanced by Kern-Tulare on its inter- pretation., please be advised that in any event this District believes that the attempted refusal of your City to "permit" the proposed Kern-Tulare sale is a violation of ARTICLE VII, Section 7.l(b) pro- viding in effect that your City will not unreasonably withhold approval for a long-term contractor to sell water for use other than within its boundaries. This District and Kern-Tulare are adjacent to each other and outside the trough of the basin and therefore are not mea~ surably benefited by spreading along the River and so must make maxi- mum use of the Kern River water available to them in order to shut off irrigation wells. It is apparent from ARTICLE VII that these four long-term firm water contractors were treated as one with respect to the use of this 70,000 acre feet of firm water annually, and we believe the City's -~, ~..~ J {- ,~ . 4 ^ ~ ' City Council April 25, 1983 Page 2 interpretation 'is in violation of the true intent of the agreements, if not their express language. As to the latter we would be inter- ested to hear your explanation of the purpose, intent and meaning of this sentence of the agreements: "District shall not sell such water to or exchange the same with any other person or entity without prior written : approval of City." í It is the position of Cawelo Water District that we have the right to purchase Kern River water from Kern-Tulare Water District for use upon our lands without the prior written approval of City. ¡ , I, We request the opportunity to appear before your City Council on i this matter, should your City persist in its attempt to prevent i Cawelo Water District from so purchasing Kern-Tulare water this ! year as requested by Kern-Tulare. i V~y tru~y ¥~urs, \ ( , h " 1:/ Ii .. ~~/! ,!/r¡ "I) f""i! "-1'1 ,,-,\.-r_-- :t, 'l,.,', \ ,\-.,,-, ""-,-.,,(,,./ lÁ..' ,", -, -- D. M. CAMP , I . President of the Board of Directors I cc: Kern-Tulare Water District North Kern Water Storage District : Rag Gulch Water District I Stephen E. Wall, Esq. ~ ~ ~ r [ I i. I I I 1 i j ! ! ¡ \ , " ';' ., < AGREEMENT NO. W. B. .. ./ ~ , . , ;. (AMENDMENT TO W.B.) I THIS AGREEMENT made this day of , 1983, by and between , hereinafter referred to as II ", and the City of Bakersfield, hereinafter re- ferred to as. "Ci ty". WITNESSETH WHEREAS the City of Bakersfield acquired the Ashe Water System by Agreement No. 76-36 dated December 22, 1976; and WHEREAS the Agreement specifies the Ashe Water System will provide water service on the same basis and subject to rules and regulations as though the water system remained a public utility subject to rules of California Public Uti lities Commission, as relates to the mainline ex- tension provisions of Rule 15; and WHEREAS by Decision 82-01-62 the California Public Utilities Commission implemented on June 11, 1982 a modified Rule 15 to be applicable to all subsequent mainline extension agreements; and WHEREAS to comply with Agreement No. 76-36 and C.P.U.C. Decision 82-01-62, the following amendment is necessary. NOW, THEREFORE, it is agreed as follows: Agreement No. W. B. entered into between the Ci ty and , dated , is hereby amended ab initio by substituting the attached Exhibit "A" . (revised Mainline Extension Rule) for the Exh i bit "A" attached to Agreement No. W. B. It is further agreed that to the extent that the attached Exhibit "A" is inconsistent with any provision of Agreement No. W.B., then the attached Exhibit "A" sha1J prevail and sha11 govern the relationship of the parties. APPLICANT/CONTRACT HOLDER PAUL DOW Director of Water Resources City of Bakersfield ( ./ ! I ,,' '" / 1 ,", ,C< I . ,- . '. , . ;. I WATER BOARD MEETING OF JUNE 1, 1983 MAINLINE EXTENSION AGREEMENTS Agreement Nwnber Developer Tract Map No. Refund Amount of Services Tenneco Realty Dev. Corp. 4494 $ 104,576.82 82 Tenneco Realty Dev. Corp. 4550 9,579.40 22 1. , Tenneco Realty Dev. Corp. 4482 106,356.97 195 TOTAL $ 220,513.19 299 i O~\.~ }/IÞ- 't.\O~ 'I ,; ~fO~ L fO~ ~