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HomeMy WebLinkAbout01/20/83 - ~.-~ , AGE N D A ~ I ------ \ ~ ~ SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD THURSDAY, JANUARY 20, 1983 4:00 P,M. Call meeting to order .....,.' Roll Call - Board Members: Barton, Chairman; Payne, Ratty, Kelmar, ,.'" Oberholzer 1. Approve minutes of regular meeting on November 24, 1982. 2. Scheduled Public Statements 3. Co r respondence 4. Appointment of Delegate and Alternate as City representatives to Improvement District No.4 advisory committee of the Kern County Water Agency. - FOR BOARD ACTION. 5. Appointment of Delegate and Alternate as City representatives to Cross-Valley Canal advisory committee of the Kern County Water Agency. - FOR BOARD ACTION. 6. Proposed Buena Vista and James Canal relocation agreement between City of Bakersfield, North Kern W.S.D., Kern Delta W.D., Tenneco- West, Inc., and Tenneco Realty Development Corp. - FOR BOARD ACTION. 7. City of Bakersfield/California Regional Water Quality Control Board contract for groundwater quality investigation of City's 2800 Acre recharge area; Sixth Quarterly Report. - FOR BOARD I NFORMATI ON. 8. Mainl ine Extension Agreements for various new tracts and parcel maps within the Ashe Water System. - FOR BOARD ACCEPTANCE OF EXECUTED AGREEMENTS. 9. Review of Ashe ~ater Rate $chedule - Proposed recommendation to City Cou nc i 1 that the 10% rate increase adopted in July of 1982 become effective on March I, ] 983. - FOR BOARD ACTION. 10. Proposed letter agreement to Rosedale Rio Bravo W.S.D. clarifying the language in Agreement 76-80 pertaining to the use and sale of Miscellaneous Quantity Water. - FOR BOARD ACTION. 11. Executive Session - water matters concerning potential litigation. 12. Staff Comments 13. Board Comments 14. Adjournment / , ~ / ;¡ ì '~ ~ ~! ~ ~! ~ ~ WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, NOVEMBER 24,1982 12:00 NOON The meeting wàs called to order by Chairman Barton in the , Department of Water Conference Room. I.. The secretary called the roll as follows: Present: Barton (Chairman), Payne, Rat1DYr Kelmar Absent: Oberholzer T~e minutes from the meeting of October 27, 1982, were approved) as presented. Weather Modification Agreement for City particiDation in the 1982-83 cloud seeding operation on the Kern'River watershed was presented to the board. After discussion, it was determined that the City should participate in the Weather Modification program through April 30, 1983. At that time the City would re-evaluate its water supply condition before extending its participation beyond April of 1983. Mr. Ratty made a motion that the Weather Modification Agreement be approved and the Chairman authorized to sign. The motion was passed. Ditch Eradication Agreement and Pipeline Easement from Cecil R. Hall to City of Bakersfield to convert the 1-1-0 Ditch from open ditch to pipeline (between State Road and Highway 99) was brought before the board. After discussion, Mr. Ratty made a motion that the board recommend City Council approve. The motion was passed. At this time the board was asked for authorization to retain services of Burnham Enersen to joint¡y represent City and other Kern River interests in matters before State Water Resources Control Board. Mr. Chafin explained what was involved in retaining Mr. Enersen, after discussion, Mr. Ratty made amotion that the board approve the Agreement. The motion was passed. Staff Comments At this time the board was brought up-to-date on the City of Bakersfield's 2800 Acre Spreading Facility with a memorandum from Mr. Steve Lafond, City Hydrographer. There being no further business to come before the board, Chairman Barton adjourned the meeting at 12:19 P.M. Board -.......' L ---------------'" . -,---.----.-.--------- ,---- --,- -, ----- --- -,----, , ¡ ..;. -^- ~fr ,,1) ~~ ~. -, ,> Geôrgew. Nickel, Jr. .¡- ~ ' 6200 Lake Ming Road ~' Star Route 4, Box 801 Bakersfleld, CA 93306 Telephone 805/872-5050 January 20, 1983 Water Board City of Bakersfield 1501 Truxtun Avenue - Bakersfield, California 93301 , Gentlemen: I I I am disappointed that there is nothing on the Agenda of your meeting I today to discuss and give direction to your staff and legal counsel on the proposed further importation of surplus Friant-Kern Canal water to the City's 2800 acre spreading area by the Agency or other entities. This is a matter immediately .before you that should, in the publ ic . interest, get prompt attention. Moreover, I can factually report that your staff is well informed and should be able to give you a meaningful report on this subject. I can also report that your legal counsel, Stan Hatch, has been ~ept up to date by me and others. Because of my very substantial interest in the Rio Bravo Anne,xation to -- the City of Bakersfield, I have grear inte~esr to see that the City's rights for both spreading and recovery of water in the City's spreading area are fully protected. Moreover, as you know, I have made available to the Olcese Water District for use on City of Bakersfield lands within the Olcese Water District the Lower River Water Rights on the Kern River of La Hacienda,' Inc. Much of this water has already been spread in the City's 2800 acre spreading area for future recovery to serve the City lands within the Olcese Water District. For the benefit of those City lands, I want to protect in every way poss!bl~ the right to recover and utilize that spread water. I am sure that the same thing can be said regarding the City's rights to recover Kern River water acquired by the City from Tenneco, substantial quantities of which have been spread in the City's spreading area.' It is my opinion that these rights that all of us want to protect for the City of Bakersfield can best be protected by entering into an understanding with the Kern County Water Agency as soon as possible. We are fortunate this year in having a surplus water supply on the Friant-Kern Canal. As you know, some of such water is presently being taken by the Agency and spread on the Berrenda Mesa Water District land along the Kern River just. upstream from the City's 2800 acre spreading area. The Agency announced plan is not only to spread and percolate this water, but to subsequently recover it by installation of wells that will more than likely discharg~ 1 into the Cross Valley Canal. The Agency is also looking forward to spreading , surplus Friant-Kern Canal water in the City's 2800 acre spreading area when there is spreading capacity in excess of the needs of the City's I 5' ~- ¡ . - ;- ~~ ,> requirements including theCity's contractual program with both the Olcese Water District and the Buena Vista Water Storage District. Since the proposed Agency program will be bringing more imported water into Kern County to benefit the underground, I believe that the City Water Board members will agree with me that cooperation with the Agency is desirable ánd in the public interest provided ,that rights of the City, Olcese and Buena Vista are protected and underwritten' by the Agency. If approached in a timely manner, I believe that the Agency will enter into such a contract and stipulation. What this will then amount to is that if there should be later some successful legal challenge to the right of water recovery, the City, Olcese and Buena Vista will be made whole by the Agency giving up whatever the courts might declare to be non-recoverable. This should not be a difficult contract and stipulation' for the Agency to enter into as one of the basic reasons and concepts for formation of the Agency was to bring. in water to replinish the Kern River underground. At the Agency meeting on January 11th, I read and presented to the Agency Board a draft of letter agreement designed to fully cover this overall subject. A copy of my letter is attached for any of you who have not had an opportunity to read it. At 7:00 a.m. tomorrow, January 21st, there is to be a meeting between, representatives of the Agency and representatives of the Kern River Interests, including, of course, the City of Bàkersfield. This meeting will deal with several subjects. The most important in my opinion will be the program to handle and subsequently recover surplus Friant-Kern Canal water that may be introduced into the City's spreading area. I would like to suggest and -"'-- recommend that the City staff people present should take a very firm stand on the water recovery program as I have attempted to outline it above. I think the City is fortunate in having some very capable people on the staff of the City Water Board. I am sure that if the Water Board chooses to have them take the position that I recommend, they will do a good job in accomplishing that. Please do consider taking such action at your meeting today. ~ere 1 y,/,: 52 l ,'~ j 1 , ,(.if.. \ / fA. 'Geo 'e ¥:Niékel.~ GWN :r j p 4- C' \ ÃJ ( . '¡I '-- I ~ - i < '"George W. Nickel, Jr. ! "~ I 6200 Lake Ming Road I Star Route 4. Box 801 Bakersfield CA 93306 Telephone 805/872-5050 ,- January 12, 1983 Stanley C. Hatch \ Hatch and Parent A Professional Corporation 21 East Carrillo Street Santa Barbara, CA 93102 Dear Stan: To keep you up to date on our efforts with the Kern County Water Agency, I am enclosing a copy of my expanded suggestions for an agreement to be negotiate~ with the Agency by the City, 'Buena Vista, Olcese and Hacienda. As noted on the enclosed draft of letter agreement, I read this a~reement at the Special Agency meeting on the afternoon of January 11th and, of course, left a copy there for further"consideration of the Agency staff and Board. Both Paul Dow and Gene Bogart were present at the meeting and concurred in my making the presentation. It is, of course, an effort here to solidify the position of the City, Buena Vista and Olcese-Hacienda to recover, or have the opportunity to recover, all spread water. If there is going to be a challenge on what water can be recovered, I think that the ,Agency and its --- Member Units can and should support-our recovery position in order to get - ' a recovery position of their own, which might be something less than what they spread and percolate, but still a potentially very workable arrangement fo.r :them. - --- y""-- I believe that you will agree that the City and Olcese have the s,ame: basic common objective of firming up the future water supply for the" Ci~y of Bakersfield. As you know, the water supply of Olcese is basically dedicated to lands within the City of Bakersfield. I am also enclosing a copy of the Minutes of the Kern River Watermaster meeting at the City Water Department on January 7, 1983. Action is scheduled to be taken on these Minutes at the Watermaster meeting now scheduled at 4:00 p.m. on January 13th. Since I feel that our interests in this overall.water program are now mutual interests, I look forward with pleasure to working with you to achieve the objectives set forth in the communication. that I read at the Agency meeting on January 11th. . S i nc,..ere 1 y, / / " ~:--y::V .' "George W. Nickel, Jr. GWN : r j p c- Paul Dow, Manager-City Water Department John Chafin Gene Bogart Curly Barton Gene McMurtrey \ Tom Clark Scott Brooke n.......... "-""Ant""...._- , r. /' SUGGESTIONS FOR A LET~, I iJ{ AGREEMENT TO BE EXECUTED ON T~~~NE HAND BY THE CITY OF BAKERSFIELD, THE BUENA VISTA WATER STORAGE DISTRICT, THE OLCESE WATER D'ISTRICT AND LA HACIENDA, INC. AND ON THE OTHER HAND BY THE KERN "'" ' COUNTY WATER AGENCY ON BEHALF OF ITS IMPROVEMENT DISTRICT #4 AND ITS I 7 I MEMBER UNITS ~ Board of Directors W~ M""'Y\\\\\'ó) Kern County Water Agency P.O. Box 58 ~ l "'\~ (t Bakersfield, CA 93302 ~~~ Gentlemen: -tI\ ~ At the meeting you called on January 4th, at the Rodeway, your President Gene Lundquist and your Engineer-Manager Stu Pyle proposed that a real effort should be made in 1983 to bring a maximum amount of water in 1983 into the Kern County underground for replinshment storage and subsequent use in later short years. Several areas for underground recharge were briefly discussed; however, it is clear at the present time that the City's 2800 acre spreading area continues to be of maximum importance in spreading and storing water for subsequent use. This is to advise you that the City Water Department joins with you in believing that every effort should be made in 1983 to bring more water into Kern County for underground recharge. It is to be noted that the City 'cooperated fully with programs of this type in. 1982 when a substantial amount of Friant- Kern Canal water was introduced into the City's 2800 acre spreading a rea. It is also to be noted that the introduction of the surplus Friant-Kern Canal water was authorized by the City with the specific understanding that the program would not work adversely to the interests of Kern River Interests that the City has contractual agreements with on spreading and water recovery programs in the City's 2800 acre spreading -- --.... a rea. Namely, Buena Vista Water Storage District and Olcese Water - District and La Hacienda, Inc. To maximize introduction of surplus water into the City's spreading area in 1982, the cooperation of not only the City but its contracting entities, Buena Vista, Olcese and Hacienda, was also asked for the by the Agency and given. Such cooperation meant physically that Kern River water of Buena Vista, Olcese and Hacienda was detained in Isabella Reservoir for later spreading in the Cityls spreading area with the understanding that if subsequent weather and water conditions do not permit Buena Vista, Olcese and Hacienda to spread their water detained in Isabella Reservoir that they would be made whole by the Agency by having transferred to them as their spread water the amount of spread 'Friant-Kern Canal water that would balance the detained water in Isabella Reservoir that could notsubsequently be beneficially spread. We regret to state that the Agency did not fully live up to this understanding; consequently, this letter agreement is for the purpose of avoiding any misunderstandings and formally setting forth the conditions under which the City will permit Agency introduction of surplus Friant-Kern Canal water into the City's spreading area in 1983 and following years. 1. The City, Buena Vista, Olcese and Hacienda agree to fully cooperate with the Agency and"its Member Units in bringing into the City's spreading area for underground recharge water from the Friant- Kern Canal and California Aqueduct water through the Cross Valley Canal provided that such spreading of water in no way adversely effects the spreading rights and water recovery programs of the City, Buena Vista, -----.-, . '. ( (' (, - l' < , Olcese and Hacienda. Such rights will be more specifically spelled out in following paragraphs. 2. The City at all times has the first right to spread its Kern River entitlement. In addition, the City has contractual agreements with both Buena Vista and Olcese-Hacienda that set forth the spreading and water recovery rights of those entities. Copies of those agreements are attached and made a part of this letter agreement. The rights of the City and the rights spelled out for Buena Vista, Olcese-Hacienda will always be prior to any spreading or water recovery rights to be granted under this letter agreement to the Agency and its Member Units. 3. In order to maximize the introduction of Friant-Kern Canal water and surplus California Aqueduct water into the City's spreading area, the City, Buena Vista and Olcese-Hacienda will at times detain Kern River entitlement in Isabella Reservoir to permit spreading of Friant-Kern Canal and California Aqueduct water when it is available; however, this is done with the very specific understanding that if weather ~nd water conditions subsequently prevent the spreading of the detained Kern River water in Isabella Reservoir that the City, Buena Vista and Olces~-Hacienda wil), if they so request, be granted a like amount of the Friant-Kern Canal or California Aqueduct water spread by the Agency for its Member Units. Whenever this request is made by the City, Buena Vista or Olcese-Hacienda, the detained water in Isabella Reservoir that must be released to meet flood control criteria of the Army will be released for the Agency to make whatever benefic1al use it can make of the released waters. , -- - '--- 4. Regarding recovery of water spread in the City's spreading area, the first rights of recovery will always be those of the City, Buena Vista and Olcese-Hacienda. Such recovery will be made from the total water spread by the City, Buena Vista and Olcese-Hacienda and also from Friant-Kern Canal and California Aqueduct water spread by the Agency in any of its Member Units. The specific intent here is that if there should ever be any successful legal challenge to the amount of water that can be recovered from spreading operations in the City's 2800 acre spreading area, any reduction in the amount of spread water that is recoverable will be met by reducing the amount of water otherwise recoverable by the Agency and any of its Member Units. The City, Buena Vista and Olcese-Hacienda will have full 100% recoverable water in the amount of water previously spread by them. Thereafter,the City~ Buena Vista and Olcese-Hacienda agree that water spread by the Agency and any of its Member Units may be recoverable to the extent that there is no legal challenge and Court Order restricting the percentage of total spread water that may be recoverable. 5. To the extent that the Agency and some of its Member Units do have the right of water recovery under this program, the City will agree to wo~k wi~h the Agency on an overall well installation program, the details'of which will be spelled out in a separate agreement. In this letter agreement, it is stipulated that the amount of recoverable water that the Agency and some of its Member Units may have cannot, in any given calendar year, be more than 50% taken. -2- -- ,------ ---.-. \ ~ ! ( j \ I ., " ~.. 6. To accommodate the Agency and any of its participating Member Units, the City and Buena Vista will, to the extent not required at any particular time for City, Buena Vista or Olcese-Hacienda use, permit the Agency and its participating Member Units to utilize both the River Canal and the Alejandro Canal for regulation and trade programs on introduced well recovered water. The unit charge for the use of these facilities will be spelled out in a separate agreement. 7. The overa 11 intent of this letter agreement is to spell out a water conservation program that will be of general benefit to the Agency and its participating units, but without damage to the position and rights of the City, Buena Vista and Olcese-Hacienda. 8. As a part of this overall agreement it is recognized that the capacity and integrity of the Kern River Floodway established by the action of the State Reclamation Board must be maintained. It is further recognized that the responsibility of enforcement of the Rules and Regulations of the State Reclamation Board are the responsibility of the City of Bakersfield to the Tupman area and the responsibility of the Buena Vista Water Storage District through the Kern River Flood Channel down to Highway #46 and the responsibility of the Kern County Water Agency from Highway #46 down to the Kern/Kings County line. As part of this Agreement, it is specifically understood that after adoption of the Kern River Floodway by the State Reclamation Board, no new diversions '. ._" from the Kern River Floodway or obstructions therein are proper or permissible in absence of a permit from the City in the reach down to . Tupman; from Buena Vista down to Highway #46; and, from the Agency down to the Kings/Kern County line. In addition a further permit should be asked of and acted upon by the State Reclamation Board to indicate that its requirements on diversions and obstructions in the Kern River Floodway have been satisfied. 9. At this time, it is recognized that third party entities have made some improper diversions, obstructions and changes in the Kern River Floodway in the area under supervision of the Agency north of Highway #46. As part of this Agreement, the Agency agrees to site third party entities for the improper diversions, obstructions and changes in the Kern River Floodway through this reach. To better handle this problem area in the future, the Agency agrees to take steps to form an Improvement District in this area in order to have a proper maintenance and operations program set up to handle the 2500 cfs of flood flows in the Kern River Floodway that has been designated in this area by the State Reclamation Board. IN WITNESS WHEREOF, the referred to Kern River entities, namely the City of Bakersf1eld, the Buena Vista Water Storage District, the Olcese Water District and La Hacienda, Inc. set forth their signatures below .,', and the Kern County Water Agency, on behalf of itself and its Member Units other than the Buena Vista Water Storage District, sets forth its signature below. -3- r , ;.. < - < ( ( " , i " . KERN COUNTY WATER AGENCY By: ./ CITY OF BAKERSFIELD BUENA VISTA WATER STORAGE DISTRICT . By: By: OLCESE WATER DISTRICT LA HACIENDA, INC. By: ' By: :") , I -4- ._~ ~ , . -- .' ~O""~""-A .~ ". I -;0 ." MEMORANDUM January 14, 1983 ---------------- ---- -- -- ---- ---- -- ------- --------- - TO PAUL DOW DIRECTOR OF WATER RESOURCES F R ~--;~~~~-~~;;-~G R ~;U l ~U RAl AN ~-~OME S T ~~-~~~-~-;-~~~~~-;~--~------------------------ 0 --------- -- ------ -------------------- ---- -- --------- --- --- ----------- SUBJECT --- JAMES & liTTLE JAMES CANAL COSTS (RELOU~~Q!L§_t..VJt:!§.:?_--------------------------- The James Canal is an earthern lined canal owned 100% by the City of Bakersfield and the City is fully responsible for operations, maint- enance, and record keeping on this canal. The James Canal diverts water directly from the River Canal, just west of Cal State Bakers- field. The James Canal is the canal used to supply water for the Buena Vista Canal, (Kern Delta Water District), the little James Canal (James-Pioneer Improvement District of the North Kern Water Storage District) and approximately seven (7) booster pumps (owned by Tenneco West, Inc.) in the Bellvue Ranch area. Total City owned length is 6900 feet. The Little James Canal diverts from the James about 6800 feet south of the James Headgate and delivers water to two (2) boosters (TWI) and to the James-Pioneer Improvement District of North Kern for surface del iveries in that District. This canal is earthen lined, 100% owned by the City and City is fully responsible for operations, maintenance, and record keeping. City ownership is approximately 610O feet. Total length for both canals is approximately 13,000 feet. I The operations and maintenance costs for the James and little James Canals for 1979, 1980, and the first quarter of 1981: 1979 Total Operation and Maintenance Costs (Normal water year) = $ 19,086.81 1980 Total Operations and Maintenance Costs (Wet water Year) = 39,319.23 1981 First Quarter Operation and Maintenance Cost - Projected thru 1981 10,967,78 = 110,000.00 City operates and maintains these canals at 100% cost to the City, with little or no costs reimburseable from other entities. If the canal realignments and ownership transfers took place, the City would continue to operate the headgate and measuring structures, as we do with other canals, so manpower, materials and equipment would be needed to do this. These costs would be about one (1) hour per day for cana I tenders time plus vehicle, total yearly cost roughly $2,000.. '---~-- 'r ..! ,.'\: ',' .. 1 , .~ , SUBJECT: JAMES & liTTLE JAMES CANAL COSTS Water losses through seepage and evaporation run about 3 c.f.s. (6 acre-feet per day) for the James and about 3 c.f.s. (6 acre- feet per day) for the little James. At present rates, $20.00 per acre-foot for contract water and $25.00 per acre foot for miscellaneous water, this amounts to $240 - $300 per day in value of that lost water. During a six month run this totals to $43,200 - $54,000. In addition to the above savings the City would no longer pay property taxes on that portion of the little James Canal lying outside of City limits. This would save an additional $335.73 annually by .el imating these property taxes. ------. ---- " .. .... .. ;. - .' " .~ - . CANAL RELOCATION AGREEMENT THIS AGREEMENT, made and entered into this day of , , 1983, by and between TENNECO REALTY DEVELOPMENT CORPORATION, a Delaware corporation, hereinafter referr~d to as "Tenneco Realty", TENNECO WEST, INC., a Delaware corporation, here- inafter referred to as "Tenneco West", the CITY OF BAKERSFIELD, a California municipal corporation, hereinafter referred to as the "City", the NORTH KERN WATER STORAGE DISTRICT, a California water storage district, organized and existing under and by virtue of the California Water Storage District Law, acting for and on behalf of the James-Pioneer Improvement District, hereinafter referred to as "North Kern", and KERN DELTA WATER DISTRICT, a Cali fornia water district, hereinafter referred to as "Kern De I t a" , WITNESSETH THAT: WHEREAS, Tenneco Real ty is the owner of certain lands in Sect ions 5, '6, 7 and 8, Township 30 South, Range 27 East, M.D.M., Kern County, California, delineated in red on the map attached hereto and made a part hereof as Exhibit A~ and WHEREAS, Tenneco West is the owner of the remainder of said Sections 6 & 7 and also certain lands in Sections 1 and 12, Township 30 South, Range 26 East, M.D.M., Kern County, California, lying southerly of the River Canal right of way; and WHEREAS, the City and Kern Delta are the owners and operators of the canals and easements therefor, shown in their approximate location by delineation in green on said Exhibit A; and WHEREAS, North Kern is the owner and operator of the canal and easement therefor, shown in its approximate location by delineation in blue on said Exhibit A; and WHEREAS, Tenneco Realty desires to relocate said canals from their existing locations to the alignments shown in brown on said Exhibit A to provide for more efficient urban development of the adjacent properties; and --'"'-. NOW, THEREFORE, the parties do hereby mutually agree as follows: 1. Tenneco West, the City, North Kern and Kern Delta each agree as to its respective interest aforesaid, that Tenneco Realty shall have the right, subject to the terms and conditions hereinafter set forth, to relocate the said canals to an alignment in the approximate location of each as delineated in brown on said Exhibit A. 2. Tenneco Realty agrees: 2.1 that all costs and expenses required to be paid for engineering and construction of the new alignment of said canals, as well as the costs to eradicate the present alignment thereof, shall be paid by Tenneco Realty. 2.2 to provide each of the part ies wi th a complete .set or sets, as may be required, of construction plans and specifications. 3. The parties agree, each as to their respective interests in the lands affected by this Agreement: ..-"---- , "" ~. -. " I ~- .. . -'"' I' . '. -, .J ' ! '. ~ 3.1 that within thirty (30) days following receipt of said plans and specifications to acknowledge, in writing to Tenneco Realty, approval thereof or stating what specific objections or corrections must be made thereto. Approval thereof shall not be unreasonably withheld. 3.2 Except as provided in the Plans titled "Buena Vista Canal Relocation" dated April 1, 1981, Tenneco Realty shall not be required to provide facilities 1n the new alignments in excess of those currently existin~ in their respective locations. If any modif~cations are requested or required by any party which are deemed to be in excess of the facilities currently used, then in such event, the party requesting such modification or addition, shall pay to Tenneco Realty all costs therefor, including cos ts associated wi th engineering and preparat ion of plans and specifi- cations therefore; or, the party requesting modification may have the work performed by itself or another contractor other than Tenneco Realty, but in such event the work shall be coordinated with Tenneco Realty and Tenneco Realty shall cooporate with said party in the coordination \ and accom-' plishment of the modification. ¡ ¡ 3.3 Upon approval of said plans and specifications, Tenneco Realty shall be entitled to commence construction and such relocation~ provided that such work shall be done at a time or times that will not interfere with the flow or distribution of water. \ \ I 3.4 Upon completion of relocation of said canals to the alignments proposed by this Agreement, each )arty shall execute the necessary documentation to eliminate the easements for the present alignments. Concurrently therewith (1) Tenneco Realty and Tenneco West, collectively, shall convey to the City, an easement for that portion of the relocated Buena Vista Canal from its int~rconnection with the River Canal, southerly and easterly from Engineer's Station No. 0+58.21 to Engineers Station No. 1+00.00, as shown on Exhibit Ai and (2) Tenneco Realty and Tenneco West, collectively, shall convey to Kern Delta, an easement for that portion of the relocated Buena Vista Canal, easterly and southerly from said En- gineer's Station No. 1+00.00 to the southerly terminus thereof at or near the corner common to Sections 7, 8, 17 and 18, Township 30 South, Range 27 East, M.D.M.; and (3) Tenneco West shall convey to North Kern, an easement for the relocated portion of the James Canal as delineated on Exhibit A southerly from its headgate connection with the River Canal. In addition, North Kern and Kern Delta hereby agree that, except for the easement area of the Buena Vista Canal conveyed to the City, the City shall not have nor thereafter acquire any interest in or responsibility for the ope rat ion and ma intenance of said canals, southerly from their respect ive turnout connections with the River Canal. North Kern and Kern Delta shall have no claim of ownership or rights in the River Canal and struc- tures therein other than as set forth in existing agreements4 and understanding. 3.5 That the relocation and modification of the facilities herein contemplated, shall never be construed as modi fying any of the part ies rights to water suppl iesfrom whatever source. Provided, however J that should the carrying capacity of said canal( s) be increased pursuant to Article 3.2 hereof, such action shall not modify any existing rights to diversion of water from the Kern River. -2- ,-' . \} --" - ~ . . , ." . I - I IN WITNESS WHEREOF. the parties have caused this Agreement to be executed in five (5) original counterparts. as of the day and year first above written. CITY OF BAKERSFIELD TENNECO REALTY DEVELOPMENT CORPORATION By - By ~1~~ .)t¡~ . ¿¡ Vice President and by - and byk.:!£ ?/. 4f~ . Ass1stant Secretary "City" "Tenneco Realty" NORTH KERN WATERßTOR~~~ISTRICT TENNECO WEST, INC. d ¿--, j . . / /: . " - / /. .' . ' ( . BY %-Uc v, ' "Q¿ c~, By 7J?- -l/C ~ ,)o~ , z/Vice President and by (lh'1Æ?t//' ».::4.?1 .-/ and by ~ 71 ~"5~'~ I . ASS1stant Secretary "North Kern" "Tenneco West" By -- and by "Ke rn De 1 t a" -3- I . " \ I 1 " i ¡L-.JU'lll"~I'1 ~"II jjl L. II I,' 'Ill,-¡-)! , Ir":-"""'-'JJ~~~,l::.;!,'~l1..J,[L'_J,L'_.JL__ '!l--....1l_..J1_,_~"-'"'_7':="' I.=.JI' I;~~ t;.- L,._JL JL, ,...JI,,'\. \..:,.,1 .,- I: , -)-' 'rl I -.JUt 01 'L" -~',. 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"4' SIXTH QUARTER PROGRESS REPORT City of Bakersfield- California Regional Water Quality-Control Board Groundwater Quality Improvement Project Standard Agreement No. 0-142-158-0 NOVEMBER 16, 1982 I I I I "- ,.'--,,-, ., ., --- - --"'._-,-'--------'" '-~,-<~~. ~- "" I !:,;: "" " SIXTH QUARTER "" ,.¡ . PROGRESS REPORT "CITY OF BAKERSFIELD GROUNm.qATER QUALITY H1PROVEMENT PROJECT" The new observation (monitoring wells installed in the "2800 Acres" (project site) have been continuously monitored by City staff for any change in water surface elevations. The steady recharge efforts of the last eight months have shown an expected rise in water elevations on the project site. Monitoring of water quality of the Kern River water that is being used for recharge is continuing to further define the effects of this quality water on the groundwater in the area. Geologic cross-sections of the study area using data gathering during the drilling and construction of the ~roject have been completed are available for review and will be included in the study report. It appears that a major aquitard does exist beneath the project site along with a series of thinner, minor aquitards closer to the ground surface. Well measurements from wells around the study area indicate a separation of aquifers, a "free" water 20ne ðhd a confined zone. The water quality differences appear to be minor. The compilation 0-£ data on water quality of various spreading waters from all sources shows a marked difference in total salt loads. The initial study shows salt loads up to ten times more concentrated in California Aqueduct water over --- -. I - I " ¡ 10 Friant-Kern water. Final figures will be available (available " .-. ¡ sometime in January of 1983) for the two year period January 1981 - December 1982, also at that time a complete water well measurement program in and around the study area will be completed. This data will then be used to generate depth to water and water surface elevation maps for comparison to initial study maps from January 1981. Quarterly reports on progress of the pr~ject have been brought before the City of Bakersfield Water Board, which is a public meeting. Questions and comments are brought up at that time. Preliminary plans for construction of a diversion weir and headworks for the control and distribution of water through the project site have been received for review by City staff. Project money is not being used for these costs, but the plans and construction are an integral part of the operation and main- tenance of the groundwater recharge site for beneficial use. -,--- --..----- -- -- ,------~,~ . -- --- = i .. I ' MAINLINE EXTENSION AGREEMENTS Agreement Agreement Number Water Tract or Refund Refund of Board Deve lope r Parcel Map Estimate Actual Services Numbe r Tenneco TR 4482 $135,043.53 $106,356.97 195 Tenneco TR 4550' 10,615.72 9,579.40 23 . Casa Linda 11]c. TR 3827 . . ) This agreement Unit A . 26,987.00 55 82-01 re-assigned to: . "Neptune Investment Corp.11 , '- which re-assigns agreement to: "Ralph H. Masure" . ~ w~~ ~ r ¡- --.;" -...., ". .4 .. 2ii",-=-"","-- I . ", ROSE DALE. RID BRAVO \ I WATER STORAGE DISTRICT \~ [ýl 2623 "F" St.. Sui,. L . P.O. Box 887 . Bakersfield. California 93302 . 326-i787 ,~< ~ tC IE !! :\i 'c It fEB 1 {) 1983 . I t ut ØMI'.~ltL. .EPARTMJ:Nr 01= WATt February 10, 1983 Mr. James J. Barton, Chairman City of Bakersfield Water Board 4101 Truxtun Avenue Bakersfield, California 93301 RE: Roseda1e-Rio Bravo Water Storage District Miscellaneous Quantity Water Enclosed is an executed copy of your letter accepted by Roseda1e-Rio Bravo Water Storage District clarifying the intention of the parties regarding the meaning of certain language in Agreement 76-80, the 1976 amendment to the Kern River Water Service Agreement dated August 31,1961. Very truly yours, ~.;?~ Paul I. Enns' President of the Board PIE/jm cc: Paul Dow Thomas M. Stetson Stanley C. Hatch, Esq. Art Litt1eworth, Esq. William Palmer, Esq. Richard Oberholzer, Esq. '< ",- ~ ,~.:~ ~ city OF .~~~ Û f&¿;;!p:; :",' ~, it<" / ,-<:: . ~ ~;;;"n~/"" ~/S í' ¡,,- </ ;:::---..- =---=.- "C; '1BAll{1ErRSJFilJEìLlIJ) CAL IF 0 ~BÞ!'S .~ ~, c. .. ~ ~ ~- ; < r~Xt§Q DEPARTMENT OF WATER '~ - ~ It<< t (C IE, II ,~ It, I' fEB 1 Ú 1983 . I 1 ~t 0MN:J<:)f1~ --.. -, .EP~ rv: WATt I Mr. Paul Enns President Rosedale-Rio Bravo Water Storage District P.o. Box 867 Bakersfield, CA 93302 . RE: Rosedale-Rio Bravo Water Storage District Miscellaneous Quantity Water Dear Mr. Enns: The purpose of this letter is to clarify the intention of the parties regarding the meaning of certain language in Agreement 76-80, the 1976 amendment to the Kern River Water Service Agree- ment dated August 31,1961. For the past several months, your District and the City, through our managers, engineers and legal counsel, have been involved in a dispute regarding the meaning and intent of the 1976 amendment, which provides for the sale of "Miscellaneous Quantity Water" to your District. To avoid further disagreement and the expense of having this language interpreted by a court, our consultants have \ met and have agreed to the following clarification of the 1976 amendment, with which we also agree: 1) Under Section l(i) (9), as amended, of the August 31, 1961 Agreement, the price of Miscellaneous Quantity Water deli- vered to the District during the months of March through September, shall be at the basic $6.00 per acre foot escalated price, unless such deliveries have been made at the unsolicited and express re- quest of the District. If an unsolicited request by Rosedale for delivery of Miscellaneous Quantity Water during March through Sep- tember is received by the City and such water is in fact delivered during that period, the price, as stated in the Contract, shall be a "reasonable rates under then-existing conditions, but in no event less than 3.5 times the basic $6.00 per acre foot price" escalated. 326-3715 ..0. TAUXTUN AVENUE . BAKERSFIELD, CALIFORNIA 83301 . (.05)~W'" -----' .. ---~---' , I" ..~-.,~ i' r;. . \ I . , ; Mr. Paul Enns . ,. ¡ Rosedale-Rio Bravo -2- 2) It is understood that the City has no obligation to deliver Miscellaneous Quantity Water to your District during the months of March through September, or at any other specified time, even if Rosedale requests it, and even though Miscellaneous Quan- tity Water may be calculated to be occurring and otherwise avail- able on a particular day, or during a particular week or month. Under the Contract, the City has specified discretion over when it will deliver Miscellaneous Quantity Water to your District, and it may do so by delivering it in advance or by deferring de- liveries to later years, so long as it delivers the District's one-third share of Miscellaneous Quantity Water as provided in , the Agreement. By this letter we are not intending to change any of the provisions of the amended'Agreement, or to relieve the City from using its "best efforts. as stated in Section l(i) (3). 3) Water available to the City during periods of manda- tory flood control release shall not be treated as Miscellaneous Quantity Water under the Agreement, and any water taken by your District during periods of mandatory flood control release will not be treated as water delivered under the Agreement. All records maintained by the City or the District shall reflect this interpre- tation of the Agreement. Please execute the enclosed copy of this letter for our files. We wish to thank you for your ongoing cooperation. Very truly yours, J:::-. ~:~ Chairman City of Bakersfield Water ,Board JJB:sb \ cc: Paul Dow Thomas M. Stetson Stanley C. Hatch, Esq. Art Littleworth, Esq. William Palmer, Esq. Richard Oberho1zer, Esq. Enclosure ACCEPTED AND AGREED TO: . By ~~. PAUL ENNS, Pres1dent Rosedale-Rio Bravo Water Storage District Dated: ~' 9 /9'P3 , ~ .;tJ ~ i ¡, ,'. , . . . '. ¡ LAW OFFICES HATCH AND PARENT STAN LEY C. HATCH A PROFESSIONAL CORPORATION TELEPHONE GERALD B, PARENT 21 EAST CARRILLO STREET (80S) 963-1971 S, TI MOTHY BUYNAK, JR. SANTA BARBARA, CALIFORNIA 93101 MAILING ADDRESS SUSAN F, PETROVICH POST OFFICE DRAWER 720 PETER N, BROWN SANTA BARBARA, CALIFORNIA 93102 MARK A, LESTER 10 January 1983 THOMAS D, WISE it« ~ C I§. II \\1 ;~ i I jAN 121983 ,.It -.Jr øKt-.tK~rll:t... Hr. Paul Dow -.EPMDAGM' Q.'Ç WAy¡. Manager, Water Department City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA 93301 RE: Rosedale-Rio Bravo Water Storage District Miscellaneous Quantity Water Dear Paul: Enclosed find the letter which we discussed at our meeting last week in Santa Barbara designed to settle the disagreement between the City and Rosedale-Rio Bravo Water Storage District relating to their right to Miscellaneous Quantity Water under their Water Service Agreement. It has been modified to accomodate the concerns expressed by Rosedale-Rio Bravo's attorneys, Mr. Palmer and Mr. Littleworth, which were reviewed with you and Messrs. Stetson and Chafin. If you find it consistent with your understanding of our position, please have the Water Board authorize Mr. Barton to execute the document. Once it has been signed, please date it and mail copies as shown in the letter. When the document has been signed by Rosedale, please send a copy to our office for our files. If you have any questions, please let me know. SCH:sb Enclosure - - ------,-,---- ~ .."., ¡,"" /J...~ CITY OF .,/,;~' .~'<'~ ~ . . r A ;'-/;;;.f."<'~/-~ ~~ ~. IB3A~JE~SFIT1EILITJ) CALIFORNIA ~Á ~, ~ ~~'()' =- DEPARTMENT OF WATER r ~~ ' ~ r~"' .~ , ,:L :::', ',,-~~ - -- ~",,:::?,:=,,~ Mr~ Paul Enns President Rosedale-Rio Bravo Water Storage District P.o. Box 867 Bakersfield, CA 93302 RE: Rosedale-Rio Bravo Water Storage District Miscellaneous Quantity Water Dear Mr. Enns: The purpose of this letter is to clarify the intention of the parties regarding the meaning of certain language in Agreement 76-80, the 1976 amendment to the Kern River Water Service Agree- ment dated August 31, 1961. For the past several months, your District and the City, through our managers, engineers and legal counsel, have been involved in a dispute regarding the meaning and intent of the 1976 amendment, which provides for the sale of "Miscellaneous Quantity Water" to your District. To avoid further disagreement and the expense of having this language interpreted by a court, our consultants have met and have agreed to the following clarification of the 1976 amendment, with which we also agree: 1) Under Section l(i) (9), as amended, of the August 31, 1961 Agreement, the price of Miscellaneous Quantity Water deli- vered to the District during the months of March through September, shall be at the basic $6.00 per acre foot escalated price, unless such deliveries have been made at the unsolicited and express re- quest of the District. If an unsolicited request by Rosedale for delivery of Miscellaneous Quantity Water during March through Sep- tember is received by the City and such water is in fact delivered ~ during that period, the price, as stated in the Contract, shall be a "reasonable rates under then-existing conditions, but in no event less than 3.5 times the basic $6.00 per acre foot price" escalated. 326-3715 1 5 0 1 T R U X TUN A V E N U E . 8 A K E R 5 FIE L D, C A L I FOR N I A 9 3 3 0 1 . ( 8 0 5 ) 4í4.,.ìJ.t(-f(f<s ----,----- .' ._,""..--.;~ ... .' . Óo Ÿ.' '..' Mr. Paul Enns Rosedale-Rio Bravo -2- ,-- 2) It is understood that the City has no obligation to deliver Miscellaneous Quantity Water to your District during the months of March through September, or at any other specified time, even if Rosedale requests it, and even though Miscellaneous Quan- tity Water may be calculated to be occurring and otherwise avail- able on a particular day, or during a particular week or month. Under the Contract, the City has specified discretion over when it will deliver Miscellaneous Quantity Water to your District, and it may do so by delivering it in advance or by deferring de- liveries to later years, so long as it delivers the District's one-third share of 11iscellaneous Quantity Water as provided in . the Agreement. By this letter we are not intending to change any of the provisions of the amended Agreement, or to relieve the City from using its "best efforts" as stated in Section I (i) (3) . 3) Water available to the City during periods of manda- tory flood control release shall not be treated as Miscellaneous Quantity Water under the Agreement, and any water taken by your District during periods of mandatory flood control release will not be treated as water delivered under the Agreement. All records maintained by the City or the District shall reflect this interpre- tation of the Agreement. Please execute the enclosed copy of this letter for our files. We wish to thank you for your ongoing cooperation. Very truly yours, JAMES J. BARTON Chairman City of Bakersfield Hater Board JJB:sb cc: Paul Dow Thomas M. Stetson Stanley C. Hatch, Esq. Art Littleworth, Esq. William Palmer, Esq. Richard Oberholzer, Esq. Enclosure ACCEPTED AND AGREED TO: By PAUL ENNS, President Rosedale-Rio Bravo Water Storage District Dated: