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HomeMy WebLinkAbout10/10/84 r -; . ' Î.. '> AGENDA ------ WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, OCTOBER 10, 1984 12:00 P.M. - NOON . . Call meeting to order. Roll call - Board Members: Barton, Chairman; Moore, Ratty. 1. Approve minutes of regular meeting held September 5, 1984. 2. Scheduled public statements. 3. Correspondence. 4. Long-term "Spreading and Extraction Agreement" between Kern County Water Agency and City of Bakersfield that provides the terms and conditions for Agency use of City's 2800-acre recharge facilities. FOR BOARD. ACTION. 5. Letter Agreement between Kern County Water Agency and City of Bakersfield for water spread by the Agency under the April 19, 1981 "Interim Spreading Agreement." This agree- ment brings water spread by the Agency in 1981 into con- formance with the terms of the long-term "Spreading and Extraction Agreement. II FOR BOARD ACTION. 6. Request by Michael R. Rector for hourly rate increase. Mr. Rector is the consulting Geologist for the City's Agricultural, Domestic, Wastewater and Public Works Departments. FOR BOARD ACTION. 7. Request by Kern County Water Agency (Optimization Committee) for City financial participation ($250.00) to investigate the potential for importing additiona1C.V.P. (Federal) water to Kern County. FOR BOARD ACTION. 8. Mainline Extension Agreement for Tract No. 4465. FOR BOARD INFOFMATION. 9. Closed Session - Water matters regarding potential litigation. --1 10. Staff comments. 11. Board comments. 12. Adj ournment. ì ~- .'" "- .. .. ".,-'-- -, , -- '- -,~.. -' ¡; .' ,,~ , WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, SEPTEMBER 5, 1984 .. 12:00 P.M. - NOON The meeting was called to order by Chairman Barton in, -- the Department of Water Resources Conference Room. The secretary called the roll as follows: Present: Barton (Chairman), Moore Absent: Ratty The minutes from the meeting of July 25, 1984 were approved as presented. There were no public statements nor correspondence received. The Water Board reviewed the 28 items of concern to the Kern River Plan. Each item was discussed separately; and Board members added their opinions regarding the changes. There was a motion by Mr. Moore to delete the last sentence listed under 'S', item 8on page 4 of the policy concerns. The motion passed. The Kern River Plan will now be forwarded to the Intergovernmental Relations Committee for their input before going to the Board of Supervisors and City Council. Mr. Core presented for the Board's information seven "--", ' (7) Mainline Extension Agreements with Tenneco Realty \ Development Corporation within the Ashe water system. There were no staff or board comments. The meeting adjourned at 2:12p.m. ~~~ a es J. Bon, C airman lty of Ba ersfield Water Board ~ Koke- S aron Robison, Secretary City of Bakersfield Water Board r ¡- -- --- I'OIlN "'~.A, r . \ .. ~EMORÂNDUM \ _October .1.L._198,4. . TO - George Caravalho, City Manager - FROM Paul Dow, Director, Department of Water Resources .~ .A SUBJECT SPREADING & EXTRACTION AGREEMENT WITH KERN CQUNTX~W~~ER AGENCY .. SUMMARY SPREADING AND EXTRACTION AGREEMENT CITY 0 F BAKERS FIE LD 2800-ACRE RECHARGE FACILITY Kern County Water Agency and City of Bakersfield staff have recently completed negotiations regarding Agency use for spreading and extracting water in City's 2800-acre recharge area. This agreement, which is being recommended for adoption by the respective governing boards, was adopted by the Agency Board of Directors on September 27, 1984. The agreement provides that the Agency may use the City's 2800-acre Groundwater Recharge Facility to spread imported State Project water for banking or general over-draft correction. The Agency's right to use the 2800-acre facility for spreading is subject to prior rights of the City, Olcese Water District and Buena Vista W.S.D., which have existing spreading agreements with the City. . The Agency shall pay the following fees to the City for use of the 2800-acre facility: ~."' FEE AMOUNT (1) Operations & Maintenance $.50/AF escalated from (for all water spread) January 1984 Price Index-- $.50/AF in 1984 (2) Facilities Improvement Not to exceed 50% of Component (for all water Spreading Component-- spread) $2.37/AF in 1984 .... (3) Spreading Component $3.00/AF escalated from (banked water only) July, 1977 Price Index-- $4.74/AF in 1984 The Annual O&M and Faci lities Improvement Component fees are due at the time water is spread. The spreading component on banked water may be deferred up to 15 years from the time of spreading; if payment has not been made by such time, half the water will be dedicated to the City and half to the public for general groundwater improvement. The Agency has the right to construct and install wells, pumps and pipelines at the 2800-acre facility for extraction of banked water. Extract ion of water by the Agency will be limited to the net amount of water placed in groundwater storage by the Age ncy. The Agency has first priority to use of the extraction facilities constructed by the Agency. The term of the agreement runs to July 1,2012. However, if the City is still usi ng the 2800 acres as a water recharge area, the Agency has the right to renew the agreement for an additional 20 years. GB:sr j ~-- ; - . Tõ)JEtC~~V1gro ." ¡ , KERN COUNTY WATER AGENCY ~ J1¿I 3200 Rio Mirada Drive OCT 0 2 m4 "i' 'r Bak,ersfield, California 93302-0058 C ',~ ITY OF BAKERSFieLD OEPARTMIiNT W WAT¡¡R ~:::SOURCES Directors" Telephone" (605) 393-6200 Fred L Starrh DivISiOn 1 Stuart T" Pyle J Elliott Fox Division 2 Engineer-Manager John L Willis Division 3 George E. Ribble Michael Radon DIvIsion 4 Assistant Engineer-Manager President Robert E McCarthy DIvISion 5 Lois Buchenberger Henry C. Garnett DivIsion 6 Secretary Gene A Lundquist DIvision 7 Address mail to: P.O. Box 58 October 2, 1984 23.3.1 8.2 James J. Barton, Chairman City of Bakersfield Water Board 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Barton: I am p'leased to send you two copies of the Spreading and Extraction Agreement executed by Michael Radon, Agency Board President, on September 28th following approval of the Agreement at our Board meeting on that date. A separate letter agreement of the same date is being sent to you concerning an amendment of the April 19, 1981 Interim Agreement under which Agency water was banked in 1981 in the City Spreading Area. ' This long-term Spreading and Extraction Agreement culminates several years of negotiations between Agency and City staff and legal counsel. We particularly appreciated the professionalism and spirit of cooperation shown by the City in the last year of these negotiations, as exemplified by the following City staff participating in these negotiations: Paul Dow, Director of Water ~ Resources, Gene Bogart, Assistant Director of Water Resources, and Florn Core, Agricultural and Domestic' Water Manager. Please execute and return one copy of the Agreement to the under- signed. Sincerely, ~ ;;. ¡þ- Engineer-Manager Ene. lbl I .~ ---~------ uu- -, u -- = - I. . . .. .- - ,," , 1'" . . "< 'i' \ SPREADING AND EXTRACTION AGREEMENT THIS AGREEMENT, is made and entered into this day of , 19-----, by and between the City of Bakersfield, , " . a Mun i c i pa 1 Corpor at i on (II C i tyll ), and the Kern County Water Agency, a political subdivision of the State of California (IIAgencyll). FACTS UPON WHICH THIS AGREEMENT IS BASED: 1. The City owns approximately 2,800 acres of land over- lying the Kern County GroundWater Basin (II City Spreading Areall) which lands are set forth on a map entitled Exhibit IIAII, attached to, and incorporated by reference in, this Agreement. 2. The City has entered into Agreement No. 77-07 W.B. dated November 9, 1977, which Agreement has been amended as set forth in Agreement No. 78-12 W.B. dated June 27, 1978 and Agreement No. 81-76, dated April 15, 1981.All of these Agree- ments are jointly referred to in this Agreement as the IIBasic Spreading Agreements.1I 3. From time to time, the City has spreading capacity excess to its own need~ on the City Spreading Area, and excess to requirements of others under the Bas ic Spreading Agreements (II Excess Spreading Capacityll). 4. Agency wishes to enter into an Agreement with the City to utilize the City Spreading Area for spreading of State Project Water, or, subject to City's consent, based on -1- " it ----- -- -~------ - , . .. ; ;¡" . .. < i' '" : considerations of wate~ quality, which consent shall not unreasonably be withheld, any other imported water or Kern River water purchased or exchanged for imported water, all of which is collectively referred to in this Agreement as "Water.~ 5. The City is willing to permit the use of City's Excess Spreading Capacity by Agency and other interested users ("Participating Enti~ies"), subject to appropriate financial \ conditions and arrangements. IT IS THEREFORE AGREED BETWEEN THE PARTIES AS FOLLOWS: ART! CLE 1. USE OF LAND AND FACILITIES The Agency shall have the right under City direction, supervision and control, to enter onto the City Spreading Area for the purpose of constructing temporary water spreading facilities, including diversion structures and measuring de- vices. All such facilities and improvements shall be constructed at the sole expense of the Agency and shall be and remain the property of the City. The Agency shall have the right under City operation to use City's Excess Spreading Capacity to spread water owned by Agency on the City Spreading Area suþject to all the limitations expressed in this Agreement. : ARTICLE II. ANNUAL OPERATION AND MAINTENANCE COSTS (a) The Agency shall pay to the City $.50 per acre I foot for all water spread subsequent to the date of this Agree- ,1 ~ ment on behalf of Agency, which cost shall reimburse City for ", -2- oj .. , . Õ'. T 'j" administration, operat1,ons, maintenance and record-keeping expenses applicable ,to such spreading. This cost component shall be subject to escalation on the basis of the January 1984 'Price Index "All Commodities" classifications for the Wholesale Price Indexes for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Adjustments to the fee will be made prior to February 15th of each year, or as soon thereafter as is possible based on the January Index for the current year. Fees payable during a calendar year shall be based on the January Index for that year. (b) Spreading requests for all Participating Entities shall be estimated annually prior to March 1. Bills based on estimates shall be sent by the City to each Participating Entity as costs are incurred. Adjustments shall be made annually, if necessary, as of February 15 based on actual participation for the preceding calendar year. Requests may be modified during the year subject to availability of capacity and prior City approval. (c) The Agency may, subject to the City's consent, approval and supervision, in lieu of payments pursuant to ~ paragraph (a) of Article II of this Agreement, contribute labor, material, equipment or other services necessary or required to operate or maintain the spreading facilities. ARTICLE III. SPREADING FEE (a) In addition to the payments required pursuant to Article II of this Agreement, the Agency shall pay to the City -3- ¡.Í . . . . "i i' for each acre foot of water, spread subsequent to the date of this Agreement, a fee consisting of the fo110wing components: ) ¡ 1. A Spreading Component of $3.00 per acre foot, \ escalated from July 1977 as provided in subparagraph 3 hereafter; provided, that this component shall not apply to water which the Agency has spread, after giving advance written notice to the City, for general overdraft correction rather than storage for later sale, assignment or extraction. The City shall notify , ' the Agency prior to February 15th each year of the spreading component to be in effect during the current calendar year. 2. A Facilities Improvement Component, to be deter- mined annually by City, not to exceed fifty percent (50%) of the Spreading Cómponent set forth in subparagraph 1 of this para- graph (a) of Article III. The Facilities Improvement Component ¡ shall be payable on all water spread. If no Spreading Component is applicable, the Facilities Improvement Component shall be fifty percent (50%) of what the Spreading Component would have been had it been applicable. 3. Both components of the fee provided for in th i s paragraph (a) are subject to escalation on the bas1s of the b- July 1977 Price Index "All Commodities" classifications for the Wholesale Price Indexes for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Adjusbnents to the fee ' will be made prior to February 15th of each year, or as soon thereafter as is possible based on the January Index for the , current year. Fees payable during a calendar year shall be based on the January Index for that year. -4- . \, 0' ~ . " . > j' \ (b) All chatges and fees payable pursuant to this Agreement are due and payable by the Agency to the City within thirty (30) days after mailing of notice by the City. (c) The City shall hold the Facilities Improvement Component paid by the Agency in trust and expend such funds only for spreading facility improvements in the City Spreading Area, pursuant to the City's general plan for such improvements. The City may advance funds for such improvements and be reim- bur sed from such trust funds as received for all permanent spreading facilities constructed after January 1,1984. (d) At any time that funds collected under the Facilities Improvement Component, including interest, if any, earned on those "funds, remain unexpended for a period of five (5) years from date of receipt of such funds, the fee for such component shall be suspended until such funds have been expended. The calculation of "funds expended" will be based upon first funds collected equal first funds expended. Any unexpended funds, including interest, if any, earned on those funds, remaining on June 30,2012, shall be refunded to the contributors of such funds in proportion to the contributions made by ~uch contributors which have not been expended. (e) The Agency may, subject to the City's consent, approval and supervision, in lieu of payments pursuant to . subparagraph 2 of paragraph (a) of this Article III, -5- " I ;¥. ----------- . '. . , ~' :i' , contribute labor, mate~ial, equipment, services or other resources necessary or required to construct facility im- provements. The value of such resources shall be credited to Agency payments under Article III(a)2. (f) The City's determination as to whether in kind contributions of labor, material, equipment and other services shall be attributed to operation and maintenance or facility improvements shall be final. (g) In lieu of payment of the Spreading Component provided for in subparagraph 1 of paragraph (a) of this Article III, at the time of spreading, one of the following shall occur: 1. Payment may be made by the Agency to City within fifteen (15) years of the time the water is spread; pro- vided that within this ti~e period, payment must be made at the time of extraction or assignment of the water to a Member Unit; or 2. If payment has not been made by the Agency within fifteen (15) years of the time the water is spread; then (A) One-half (1/2) of the water shall become the property of the City in lieu of receipt of the Spreading Component and Agency hereby assigns all of its right, title and : interest to such water to City; and (B) One-half (1/2) of the water shall be deemed dedicated to the public for general improvement of ground water basin levels and Agency hereby waives any further right to extract such water. ,- 3. All Spreading Component payments if delayed shall -6- ' ,~i ~-- ---- ". "' . , be subject t6 the esca1~tion provided for in subparagraph 3 of paragraph (a) of this Article III, adjusted to the time such Spreading Component becomes due and payable. No action by the Agency to delay the payment of the Spreading Component shall in any way affect the obligation of Agency to pay the Facilities Improvement Component provided for 1n subparagraph 2 of paragraph (a) of this Article III at the time of spreading. ARTICLE IV. TERM Thls Agreement shall be for a term beginning on the date of its execution and ending on July 1, 2012. Provided that if at the expiration of said term the City should elect to continue to use the lands described in Exhibit "A" for a "water spreading area", ~ then and in that event only, Agency shall have the right and option to renew this Agreement under the same terms and conditions contained herein for a period of twenty years or until such time as the City shall elect to dispose of said lands or to use them for some other City purpose, whichever occurs first. Provided further, that the Agency's rights under any renewal of this Agreement shall not impair or limit the City's reserved rights as defined in Article V(a), and should the City agree to the extension of the Basic Spreading '1;\ Agreements, the priority between the Agency's rights and the rights of 01cese Water District and Buena Vista Water Storage District dur- ing the renewal period shall be subject to determination by the City. ARTICLE V. GENERAL CONDITIONS (a) All rights created in this Agreement shall be " subject to the City's reserved rights to spread, percolate, extract, transfer, exchange, or convey City water in or from the '7 d - _un ~ ~--~ ------ , " . . :. 'õ' City Spreading Area (th~ City's "Reserved Rights"). This Agreement shall not be interpreted to limit in any manner the City's Reserved Rights. Agency agrees not to contest the Reserved Rights of City. The City, pursuant to its Reserved Rights, shall continue to have the first priority for use of the City Spreading Area and facilities located thereon, for spreading and extraction of City water except as otherwise explicitly agreed to in paragraph (a) of Article VII of this Agreement. (b) All rights created in this Agreement shall also be subjeèt to those rights granted to the Olcese Water District and the Buena Vista Water Storage District, under and pursuant to the Basic Spreading Agreements, and any extensions of the Basic Spreading Agreements consistent with the terms of Article IV. (c) Whenever Kern River native water is available for spreading by any participating entity, it will be given priority for spreading over any non-Kern River water to be spread by the Agency. (d) The Agency's priority to spread under this Agreement shall follow the prior rights set forth jn para- $ grap~s (a), (b), and (c) of this Article V. (e) It is understood that the Agency does not intend ,) to use or permit its successors or assigns to use water spread and extracted under this Agreement outside the boundaries of the Agency and that its policy in this respect is in harmony with the policy of the City. -8- '" Ú - ~-- ----~----~ - ------- - ----- - .' - , ' . . " '. (f) If any ~ern River water, other than Kern River water simultaneously and equally exchanged for imported water, is spread and extracted pursuant to this Agreement it shall not be used by the Agency, its successors or assigns, on any land not overlying the Kern County Ground Water Basin without the prior approval of the City. (g) The Spreading Component of the fee charged herein is based on anticipated irrigation use and light commercial, industrial, municipal and domestic uses. It is therefore agreed that if Agency sells or assigns any water stored pursuant to this Agreement it shall provid~ that, if the water is used for any other use, including oil field or other heavy industrial uses, directly or indirectly by exchange or otherwise, such use shall require the prior consent of the City which shall be granted upon the payment of a revised spreading fee to the City commensurate with the value of the storage to the ultimate user, as determined by the City. This paragraph shall not apply to any water sold or delivered to a Member Unit of the Agency in satisfaction of that Member Unit's "Table 1 Entitlement'l as set forth in that Member jþ Unit's contract with Agency for State Project Water. (h) This Agreement shall be subject to the terms and conditions of the City contracts with North Kern Water Storage District (No. 76-89); Cawelo Water District (No. 76-62); Kern-Tulare Water District (No. 76-61); Rag Gulch -9- ; '.' .1 , " , ; " "~ Water District (No. 76~63); and Rosedale-Rio Bravo Water Storage District (No. 76-80) to the extent any provision of this Agreement is inconsistent with the terms of those contracts. (i) This Agreement shall be subject to any federal, state or local regulations or local restrictions limiting in any way the performance by the City or Agency of the terms of this Agreement. The City shall function as the "Lead Agency" for purposes of preparation and processing of documents to com- .ply with California Environmental Quality Act requirements, sub- ject to coordination with and financial participation by Agency. (j) The Agency shall indemnify, defend (upon written request of the City), and hold harmless the City, its officers, employees, and agents from any and all loss, damage, liability, claims, or'causes of action of every nature whatsoever from damage to or destruction of, or interference with the use of ownership of property or for personal injury including that incurred by City.s officers, employees, and agents arising out of, caused, Or resulting from the Agency's actions during use of the City's land for the purpose herein authorized; provided, however, that the Agency shall have ño such obligation with res- pect to such of the foregoing as are caused by the sole active negligence or willful misconduct of the City, its officers, . . employees and agents. (k) If a material breach of the terms and conditions f of this Agreement is communicated in writing to Agency, and ,) -10- " , ;1 ¡ , ' :. Agency fails to cure slid breach within a period of thirty (30) days after receipt of said notice9 City may at its option and in its sole discretion declare this Agreement terminated. (1) It is anticipated that water spread under this Agreement will either be sold9 assigned or extraèted by the Agency. The Agency agrees to provide the CitY9 by April 1 of each year9 with an annual report specifying therein the amount of water stored pursuant to this Agreement which has been sold9 assigned or extracted during the preceding calendar year. (m) The City shall be responsible for9 and shall maintain records of all spreading on the City's spreading area and extraction, sale or assignment of all such water. The Agency shall have access to such records. (n) Any notice, billings or correspondence required herein may be given by mail, postage prepaid, directed as follows: AGENCY: Kern County Water Agency 3200 Rio Mirada Drive Post Office Box 58 Bakersfield, CA 93302 CITY: Bakersfield Water Board 4101 Truxtun Avenue . Bakersfield, CA 93301 (0) If either party is compelled to resort. to litiga- tion for performance of conditions of this contract, including any payment due, the prevailing party shall be entitled to court I -11- I J ~ f ~ . , I . ~ : \ costs and reasonable attorneys' fees. (p) This Agreement may not be transferred or assigned, either voluntarily or involuntarily by Agency to any other party without the prior written consent of City. This provision shall not apply to the sale or assignment of rights to water stored as ^ , contemplated by this Agreement. (q) The Agency and City agree to equally participate in the defense of any challenge, claim or legal action which may be brought forward as a result of the Agency and the City entering into this Spreading and Extraction Agreement. ARTICLE VI. EXTRACTION FACILITIES (a) The'Agency shall have the right, under City direction, supervision and control, to enter onto the City Spreading Area for the purpose of constructing and installing wells, pumps and pipelines for the extraction of water ("Extraction Facilities"). All Extraction Facilities shall be constructed at the sole expense of Agency. (b) Agency shall furnish a schedule and plan for all Extraction Facilities construction and use to the City within sixty (60) days after execution of this Agreement and periodi- cally thereafter at City's request. Such plans shall be coordinated with all other planned use of the City's Spreading Area and Extraction Facilities and shall be subject to ' ~ augmentation and approval by the City, prior to construction, which approval shall not be unreasonably withheld. Periodically, . but no less often than annually, City shall provide Agency with I . j -12- I ~--- t; ;" ¡ . a schedule of use of all such Extraction Facilities. " . (c) Agency ~hall have the right under City operation to extract, from wells constructed pursuant to this Agreement, water previously spread by Agency on the City Spreading Area, or spread by City or other users in the City Spreading Area and sold or assigned 'to Agency, subject to all the limitations ; expressed elsewhere in this Agreement, and expressly including the following: (1) Extraction by the Agency, its successors or assigns, of the water spread under this Agreement shall be limited to the net amount of water placed in ground water, storage by the Agency or by the City or other users and sold or assigned to Agency. The "net amount of water placed in ground water storage" shall be understood to be the gross amount of water spread in the City Spreading Area, less normal~ natural and/or unavoidable surface losses. The Agency will keep a positive ba- lance in its account at all times. The City acknowledges the right of the Agency to recover said water. (2) The Agency agrees that it will not claim credit for normal, natural and/or unavoidable losses and will not claim credit under this Agreement for percolation of water in the City Spreading Area which would have occurred under pre-existing conditions and is therefore not supple- mental ground water recharge. , (3) The Agency and its successors or assigns shall take precautions when extracting water spread under this Agreement to avoid unreasonable adverse effect on the rights of other ground water users. 'è (4) The Agency will co~vey all Extraction ,I -13- . ',' - ----- -- - - -- --~ --__un ------- -- ---- i~ . Facilities (except pumps, motors, engines and appurtenant elec- ,. .. . . trical or other equipm~nt) to the City upon completion of con- struction and the City wi 11 thereafter operate and maintain the Extraction Facilities. Any construction guarantees for any Extraction Facilities will be assigned to City. (5) Any pumps, motors, engines and appurtenant ' electrical or other equipment installed by Agency shall remain the property of Agency, but shall be leased to City, without cost, for the duration of this Agreement for use in operating the Extraction Facilities. Such pumps, motors, engines and appurtenant equipment may be relocated or removed by Agency, subject to City's written advance consent, which shall not be withheld unless removal or relocation would result in loss of any preplanned use by City or any other entity as contemplated by paragraph (b) of Article VI and paragraph (a) of Article VII of this Agreement. (6) Agency shall provide measuring devices for the Extraction Facilities used to extract water from the City Spreading Area and City shall maintain records of such extrac- tion. Agency shall have access to such records. Such devices shall remain the property of the Agency, but shall be leased to City, without cost, for the duration of this Agreement for use in connection with the Extraction Facilities. ARTICLE VII. OPERATION AND USE OF EXTRACTION FACILITIES ' . (a) Agency will retain a first priority for use of any Extraction Facilities constructed by Agency for recovery of spread water. Subject to the priority rights of Agency, City may use, or permit any other entity contracting wit... City '.: to use, the Extract ion Facilities constructed or installed by ,~ " -",- I ------- -- ---- ( ¡ .' .. ' .' . , :.. Agency, subject to app~.oval of such entity ~y the Agency and the payment by such other entity (not including City) to Agency of a reasonable and equitable charge for the use of the Extrac- tion Facilities to defray a prorate portion of their amortized costs of construction or acquisition as determined by the Agency. í ~ Such amortized costs shall be payable monthly upon demand by the Agency. (b) The annual operation and maintenance costs ("O&M Costs") of the Extraction Facilities shall be shared by the City, , the Agency and any other entity utilizing such facilities propor- tionally based on the amount of water extracted by each during the calendar year. Such annual costs shall include administration. The O&M costs shall be estimated by ~he City and shall be payable monthly to the City upon demand. No oversight by the City in making such demand shall relieve the Agency from such payments. O&M Costs accounts shall be adjusted annually by the City based on actual use. (c) Agency shall arrange for the energy utilized to operate the Extraction Facilities, and-the City shall authorize any utility easements, licenses, or right-of-way permits neces- ~ sary for that purpose. The Agency shall be responsible for pay- ment of all energy costs associated with operation of the Extrac- tion Facilities, provided that the City or other entity utilizing, such facilities shall pay such energy costs, including a prorate " " portion of any standby electrical charges, as are determined by the Agency to be associated with use of the facilities. Such energy costs shall be payable monthly upon demand by the Agency. ,; , ~ -15- __n__- ~ .' ., . " . j ,,' ">' I ARTICLE VII I';' USE OF RIVER CANAL (a) Subject to the rights of the City and the rights of any other entity under the 1964 Amendment of the Miller-Haggin Agreement, or prior City contracts, Agency may use the River Canal for transportation of water pumped from the City Spreading , Area. (b) Use of the River Canal by the Agency shall be scheduled through the City, shall be arranged so that it will not interfere with other uses of the River Canal by the City or by any other entity with prior rights, and will be subject to the usual transportation costs provided for in paragraph 5(h) of the 1964 Amendment of the Miller-Haggin Agreement. (c) Subject to other prior contractual commitments, the City agrees to permit the use of any City conveyance facilities on the City spreading area, other than the River Canal, for the purposes of transporting Agency water to the extent of any excess capacity available in such facilities from time to time. If such facilities are used, a reasonable charge for such use will be determined by City and paid by Agency. EXECUTED this day of , 19_. : ",., '"' ,: I J -16- Î -------- - ~ ., ;;:, ; ,~ " . '" . (,' <:. \ KERN COUNTY WATER AGENCY 'I By ~J J~ J) ü: had ¡t!o1Ø\ President ¡ ,I CITY OF BAKERSFIELD By Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney , Assistant C,ty Manager-Flnance ... '" ~ -17- " I j . . . j\. ';" ,. T.30S. ~-I ) 2 ~ " :"r~~.....""".:7"" . ' . ¡"..' i : . : . , . : ~....... ~ ~ ~ '\ '>:::. ,/ ...n...l~./... ~7 ~ I ,,¡: 'i" CITY of BAKERSFIELD DEPT. of WATER RESOURCES 2800 ACRE SPREADING AND EXTRACTION AREA EX~,~~IT ::1 I ~. " .- ""I'. --"""" ",". '" ""\' ) , . . - . c ~ KERN COUNTY WATER AGENCY /,"" 1 ....~ 3200 Rio Mirada Drive I ";~" ~' '., Bak~rsfield, California 93302-0058 Directors: Telephone: (805) 393-6200 Fred L Starrh D,vision' Stuart T, Pyle J" Elliott Fox Division 2 Engineer-Manager John L Willis Division 3 George E. Ribble Michael Radon DiviSion 4 Assistant Engineer-Manager President Robert E McCarthy DiviSion 5 Lois Buchenberger Henry C. Garnett DiviSion 6 Secretary Gene A" Lundquist Division 7 Address mall to: p"O, Box 58 September 27,1984 23.3.1 Mr. James J. Barton, Chairman 8.2 City of Bakersfield Water Board 1501 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Barton: This will confirm that our execution of the Spreading and Extraction . Agreement was made subject to the following amendments to the April 19, 1981 "Interim Agreement covering water banked in 1981 by the Agency in the City's 2,800-Acre Spreading Area: 1. For the 15,100 AF spread for the Agency on behalf of Wheeler Ridge WSD and Berrenda Mesa WSD, for which a spreading fee was elected and paid under the Interim Agreement, no other fees or charges shall be collected by the City except as they may relate to O&M costs for use of the Extraction Facilities as provided in Article VII(b) of the Spreading and Extraction Agreement. 2. For the 29,812 AF of water spread for the Agency on behalf of all its Member Units, for which an extraction fee was elected under the Interim Agreement, the provisions of Article III (g) of the Spreading and Extraction Agreement shall apply. No other fees or charges shall be collected by the City with respect to this water, except as they may relate to O&M costs for use of the Extraction Facilities as provided in Article VII(b) of the Spreading and Extrac- 'I tion Agreement. " I 3. The Agency shall have the right to extract the water spread . under the Interim Agreement from the City Spreading Area, . subject to the terms and conditions provided in Article VI, VII, and VIII of the Spreading and Extraction Agreement. 4. It is understood that the City's Environmental Impact Report on the 2,800-Acre Ground Water Recharge Facility, certified on August 24, 1983, covers the extraction of any water spread under the Interim Agreement. J ----- ~! ò . :ji g. f"- :-4"' Page Two . ~ \ We would appreciate the City's signifying its agreement to the fore- going , by having the attached copy of this letter signed and dated as set forth below, and returned to us together with the executed copy of the Spreading and Extraction Agreement. Sincerely, :J j J{;cAod ~~^ Michael Radon President AGREED AND APPROVED: CITY OF BAKERSFIELD By Mayor. Date ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager-Finance ., Î . .' - .1 141518th Street, Suite 108 MICHAEL R. RECTOR, INC. "~ater Resources Consultant Bakersfield. Ca 93301 Geology and Hydrology \ ~ IE C ~ R ~I JE JD: 805/322-8206 Agricultural Drainage Water Use Evaluation AUG 2 8æ4 Groundwater Quality Water Supply CITY OF 6P.K'=.RSf-:ELD OEPAlUMfHT Of ...,;.";; ~ .::.;:)):;~~; August 27, 1984 City of Bakersfield Department of Water Resources 1501 TruxtunAvenue Bakersfield, CA 93301 Attention: Mr. Paul Dow, Director ~ Dear Mr. Dow: Re: Professional Services Contract lr¡ð - 2 J tJðJ Since August 13, 1980, I have been working under a contract that stipulated payments at an hourly rate of $50.00 per houri with a monthly guarantee of $800.90 for a minimum of 16 hours monthly. During that four-year period, I have increased my hourly rate to $65.00 for 'other clients. I therefore fee 1 that some upward adjustment should be made in our contract payments. It is my suggestion that the hourly rate be increased from $50.00 to $60.00 with a monthly guarantee of $960.00 for a minimum of 16 hours. That increase approximates a 20% increase for the four-y.ear period and is still $5.00 per hour less than my current rate for non-retainer clients. My feeling'S that a letter from your office, approving this change, could be considered an amendment to the August l3~ 1980 contract. If you have a better idea, please advise me of the proposed alternative. Yours truly, ~~~ Michael R. Rector MRR/jh Encl. ò J :.~." ,,"", '~ , , ( CONTRACT FOR PROFESSIONAL SERVICES . ) : ?he Agreement, entered into this day of 1984, by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter referred to as "City" and MICHAEL R. RECTOR a pro- fessional Water Resources Consultant, certified as a Registered Geologist to practice in the State of California, hereinafter re- ferred to as "Consultant". RECITALS: Whereas, "Ci.ty" has acquired in excess of 2800 acres of land for the purpose of groundwater recharge and has developed surface facilities to increase the efficiency of the recharge operation. and Whereas, "City" plans. to continue evaluation of sub-surface geologic and hydrologic conditions beneath the recharge area; and Whereas, "Consultant" is recognized as an experienced professional in the geologic, hydrologic and water resources field, and qualified to interpret geologicfhydrologicdata and is acquainted with the various State and Federal Agencies involved in funding, developing, monitoring and evaluating various water resources projects; and Whereas, "City" staff has recommended that "Consultant" be hired, on an hourly basis, to aid staff in various geologic and water resources programs. Now, THEREFORE, it is mutually agreed between the parties as follows: 1. W~~~~ SCOPE: The general scope of the work to be performed by ~Consultant~ shall consist of providing the highest quality geologic and_hydrologic technical services, as requested by "City", in funding, developing, monitoring, and evaluating various "City" water and geologic resource programs. 2. COHPENSATION: "City" shall pay "Consultant" at the hourly rate of sixty-five dollars ($65.00), for services performed under this contract. "City" agrees to reimb\jrse "Consultant" for all actual and necessary expenses directly related to services performed under this contract, including reasonable transportation, travel, subsistence, photocopy costs and long distance telephone charges. Travel expenses by personal automobile shall be paid at the rate of thirty cents ($.30) per mile. Travel expenses shall be paid upon itemized billing filed with "City". 3. PAYMENT: "Consultant" shall submit each month to "City", an itemized statement of work and services performed on an hourly basis, and an itemized statement of actual and necessary expenses incurred; and this amount will be charged to "City" pursuant to the terms of this agreement. "City will promptly notify "Consultant" of any disputed amounts and arrange a meeting to discuss and resolve any such disputes". 4. INDEPENDENT CONTRACTOR: "Consultant" shall at all times render the services providea-for herein as an independent contractor and shall not for any purpose be considered an employee of "City". "Consultant" may provide services for other clients during the term of' this agreement but will expedite work activities for mutual satisfaction of all parties. "Consultant" maintains and works out of his own office located at 1415 - 18th Street, Suite 708, Bakersfield, CA 93301, uses his own equipment and supplies whenever possible, drives his own vehicle, I ",- -~ - "" ,;0- ,"'., . 'I . '. f . obtains and pays for all his own insurance, pays all taxes and fees related to his business himself, obtains and pays for all necessary licenses himself, works at times òf his .. own choosing, has sole authority and control over persons ,employed by his business, and operates in all ways possible as an independent contractor. 5. TERM OF AGREEMENT: This agreement may be terminated by either party by thirty (30) days written notice of temination. Other- wise this agreement will renew itself from year to year unless either party notifies the other in writing prior to September 1 of each year. This agreement may be modified only by written instrument, signed by all parties. 6. NOTICES: All notices relative to this contract shall be in writing and sent by United States Mail, postage prepaid, addressed to the party intended at his address set forth below, or at any other address as that party may designate by notice to the other; . Michael R. Rettor 1415 - 18th Street, Suite 708 Bakersfield, CA 93301 City of Bakersfield 1501 Truxtun Avenue' Bakersfield, CA 93301 7. ATTORNEY'S FEES: In any action to enforce the terms of this agreement the prevailing party shall be entitled to recover its attorney's fees and court cpsts and other non-reimburseable litigation expenses, such as expert witness fees and investi- gation expenses. 8. ASSIGNMENT: "Consultant" shall not assign any of his rights or obligations under this contract without the prior written consent of the "City". Any voluntary assignment, or assigmnent . by operation of law, of any rights or obligations of "Consultant" shall be deemed a default under this contract. The parties have executed this agreement on the day and year first above written. City of Bakersfield Water Board BY: James J. Barton, Chairman APPROVED AS TO FORM: Richard Oberholzer, City Attorney Consultant BY: Michael R. Rector, Water Resources Consultant 2 I ,-",."."~"-,- ,.":_,q;",-,~",c-,-":,--:,:'~---- ~- ~-- ~~:;'~~~"'--'- --- "~-------- ----- -- ---~-- . J ,. .. Optimization Steering Cornmittee ~ . " ¡- . Kern County Water Districts Ad\'¡sory Committee P.O. Box 58 IÆ lECEHVIEjD) Bakers fi e 1 d, CA 93302 August 23, 1984 ~ Sf P 4 &34 OTY OF 8AK~RSflfLD DEPAlfJMfNT Of WAra t::5OU~~ City of Bakersfield Department of Water Resources 4101 Truxtun Avenue ' Bakersfield, California 93301 Gentlemen: The Optimization Steering Committee met August 7,1984 and agreed to proceed with engineering services directed toward procuring CVP water supplies as described' in the August, 1984 Status Report. The Committee also agreed to request the districts' participation in the Optimization Committee to share in providing $24,000 to cover the consultant for this effort. The Kern County Water Agency share of this request is $8,000. An invoice is en- closed for your share using the same percentage distribution among districts as for the original project. We hope you agree that this is an important activity and will join in returning the questionnaire and assisting in the funding. Sincerely, 4L-TJ~ Stuart T. Pyl e Engineer~Manager encls. wep - - --- -- m - ---- - > . '. Optimization Steering Cornmittee . " . Kern C~.unty Water Districts Advisory Committee P . O. Box 58 Bakersfield, CA 93302 . S TAT E MEN T DATE August 23, 1984 . TO: City of Bakersfield Departme.nt of Water Resources 4101 Truxtun Avenue Bakersfield, California 93301 PRO-RATA SHARE OF INITIAL PARTICIPATION IN PROGRAM OF OPTIMIZATION STEERING COMMITTEE TO OBTAIN CVP WATER FOR KERN COUNTY. $ 250.00 , NOTE: PLEASE SEND CHECK TO: KERN COUNTY WATER AGENCY 3200 RIO MIRADA DRIVE P.O. BOX 58 BAKERSFI ELD, CA 93302 - - j -- __n --- ~ - ----------------~ -~~-~ ----- ----- :¡: . ~ Cornmittee 9 Optimization Steering . '" ." . Kern çounty Water Districts AdYisory Committee P.O. Box 58 Bakersfield, CA 93302 ; STATUS REPORT August ;Z.3 ,1984 The purpose of this report is to inform your district of recent actions of the Executive Committee toward initiating water contracting discussions with the Bureau of Reclamation for CVP water for Kern County. This action is in res- ponse to the recommendat ions of the Opt imizat i on Report that the water agencies in Kern County request a contract from the Bureau of Reclamation for a supplemental water supply from the CVP. At a meeting of the Executive Committee in Bakersfield on May 14,1984, Regional Director David Houston was briefed on the Optimization Report and acti- vities within the County to further manage our water supplies. The need for a supplemental water supply was discussed and at Mr. Houston's requ~st a briefing was subsequently given to the Planning Staff of the Bureau in Sacramento. Prior to that, however, the Kern County Water Agency, in a letter of June 1982, had requested a water supply contract from the Bureau. There are several items, as will be subsequently discussed, which are responsible for the time interval between this 1984 request and the present activities. . The Bureau has not contracted for CVP water (except in the New Melones service area) since former Secretary of Interior Andrus imposed a moratorium on water contracting in January, 1979. As a prelude to lifting the moratorium, the Bureau has negotiated a SWP-CVP coordinated operating agreement with the Depart- ment of Water Resources which spells out the basis for quantifying the amount of uncontracted GVP water available in the Delta. This has been defined as approxi- .. mately one-million acre-feet. ' Another major action the Bureau has taken that is necessary to a lift- ing of the water contracting moratorium is the development of a revised GVP water rate policy. Hearings have been held and comments are now being received on a revised water rate policy which is expected to be finalized late this fall. You , = (. ;J - - -- u - '" . . . . : are aware that the present policy of the Bureau is under heavy criticism because " . of the considerable shortfall\,in revenue to the U.S. Treasury. In recent meetings, Regional Director Houston has indicated that the water contracting moratorium should be lifted in the near future and that the Bureau will commence contract discussions. He has encouraged Kern County interests to participate in the water contracting process. A number of questions need to be addressed in developing a water con- tracting program. These questions include, but are not limited to: 1. Should the program be underwritten by certain districts or the Agency as a whole? 2. How much water should be sought? 3. What will be the cost of water? 4. Will SWP and CVP water costs be melded? 5. What are the limitations and ramifications of the Reclamation Reform Act of 1982: a. 00 all landowners within the Agency auto- matically become subject to its provisions? b. What is th~ effect on multi-district land ownership? c. How does full-cost pricing apply? d. Are there sufficient qualifying agricultural lands within the Agency to meet requirements? 6. If the Agency moves forward on a separate CVP contract, does this effect its relationship on the Mid-Valley Water Authority? 7. What additional conveyance facilities will be required to accept anq utilize CVP water and how will they be fin anced? The Optimization Executive Committee met on August 7 and included these items in its discussion. It was the opinion of the Committee that while these and many other questions and issues need to be address~d, water contracting dis- cussions should commence and we should deal with these questions as a part of the water contracting discussions. - j -- - H--~_- --------~ . . '. . .., . I' The Executive Committee, at its meeting on August 7, agreed to proceed I . ~ith this program. It was th~ consensus of the Committee that the Kern County '. I Water Agency, with the advice ~nd active participation of the Optimization Com- mittee, should undertake the appropriate action as outlined in the Optimization Report to develop a contractual arrangement for the benefit of all the water agencies in the County. It is anticipated that assistance to the Agency and Committee will be provided by John Teerink and Attorneys Edward Tiedemann and Cameron Paulden. These consultants have been involved in the engineering and legal aspects of the CVP and SWP, as well as water resources management issues in Kern County for many years. The Department of Water Resources has expressed its interest in con- tracting for a supply of CVP water in the Delta for use in the SWP. The purpose of such a contract would be to supply a portion of the entitlement yield of the project. The Executive Committee not only supports this concept, but also recommends the KCWA proceed to acquire a separate CVP contract to meet the County's.supplemental water requirement and provide the management flexibility that such a contract would provide. r Further meetings with the Bureau of Reclamation people are being sched- uled. Concurrently, it will be necessary to determine the amount of water that should be contracted for, and items regarding scheduling. To accomplish this, you are asked to fill out and return the enclosed questionnaire by September 28, 1984. In responding to this questionnaire, please consider Table 8 of the Opti- mization Report, a copy of which is attached, which sets forth the estimated average annual deficiency (or surplus) for the various districts. - It is not now known what the cos~ will be to carryon these negotia- tions or when they could be concluded, but it is the opinion of the Committee that a budget of about $24,000 will be sufficient to the end, of the calendar year. It is suggested that the KCWA fund one-third with two-thirds being funded by the districts, and the Executive Committee is suggesting your district underwrite its pro-rata share of the two-thirds portion as set forth on the attached statement. It is recognized that some of the districts represented by the members of the Optimization Steering Committee will wish to participate in the activities des- cribed herein and some may not. Your response to the enclosed questionnaire and statement will be a measure of your interest in such participation. ~I ------ -~ _u- n -- . ~~ " . t '. 1.'1 -- I . . < ". . " . ¡ . I , , , I I ' i:. .. Table 8 \ Estimated .-\ \"Crage .-\nm al DeficÍt~nc}' in Areas Within the ¡ San Joaquin Valley Portion of Kern County - 1980 Conditions ; (Q u:lntities in 1.000 acre-feet) , - . ; , I I - I Net Subtotal Net Total I 1.01::11 Surplus (+) Ground Water Surplu'i'» .Water (2) Import(.) or Innow (+) or . or Suppl~"(t) l'se or E'porl( -) Deficiency (-) Outflow (-) Deficiency ( ) An'in-Edison(J) 212 227 -I -16 +32 +16 Buena Vista 136 112 - +24 -13 +11 Cawelo 101 113 - -12 +18 +6 Delano-Earlimart 22 19 - + 3 -6 -3 Henry ;\Iiller 46 5.t - -8 +3 -S ID #~ 112 6.t -9 +39 -46 -7 Kern Delta 186 280 +10 -84 - -84 North Kern 189 1.t3 - +46 -83 -37 James-Pioneer 86 89 -/4 -17 -55 -72 Rosedale Ranch 7 29 - -22 + 15 - 7 Rag Gulch 8 7 - +1 - +1 Rosedale-Rio Bra\"o 71 85 - -14 +9 .5 Semitropic 9 39 - -30 +4 -26 Buttonwillow 89 146 - -57 +43 -14 ,Pond-Poso 86 159 -3 -76 +65 -II Shaffer Wasco 66.82 - -16 +1 -15 So. San Joaquin 128 128 - 0 -12 -12 Wheeler RidgeD) 25-t 282 - -28 +15 -1.1 North of Roscdalc 2 25 - -23 +10 -13 West of Buena Vista - 4 - -4 - -4 Subtotal 1.810 2,087 -17 -294 0 -294 Belridge 148 15-t - -6 - -6 Berrenda ;\Iesa 140 146 - -6 - -6 Kern- Tulare 20 50 - -30 - I -JO Lost trills 142 173 - -31 - .31 OIcese 3 3 - 0 - 0 Tehachapi-Cummingo¡ 4 4 - 0 - 0 Tcjon-Castac - - - - - - 1" We..t Kern"" 0, 17 +-14 -3 - -3 " ; Subtotal 457 547 >14 -76 - .76 Tot;¡1 2.267 2.634 -3 -370 0 .3;0 L --" 'I (I) Includes Surface Water. \11~ceflaneous Surface Inl1ùw. and Effedi\e Precipitation. ' (:!) Includes A~rlcultural. \lunic.pal, and InJustrial L'ses and \Iisccllaneous Losses, (3) O\erlap area of :\r\in-Edison and Wheeler-Ridge included in Whçder'-Rldge onl~'. (4) O\erlap area of W~st Kern and Wheeler-Ridge induoeo in Wheeler-Ridge only. ~ , , ! ¡' jl :1 i - 43 .!: . .. .:-: '.. :, <. --~------- - -- -_.~----- . , . . ~ . ' ¡ . ,"' . ô ," . ~ OPTIMIZATION STEERING COMMITTEE QUÈSTIONNAIRE RE CVP WATER August , 1984 DISTRICT The purpose of this questionnaire is to provide guidance to those who are working on the proposal to obtain CVP water for Kern County. The answers will of necessity be preliminary, and should be based on the assumption that the legal and political questions associated with delivery of Federal water (RRA, etc.) can be resolved. Therefore, this will not represent a commitment for water, and will merely be used as a guide. \~ We are a Kern County Water Agency State Project Member Unit and r=J Are interested in CVP water only as necessary to offset anticipated deficiencies in SWP yield. [] Are interested in acre-feet per year of CVP water in addition to that necessary to offset anticipated deficiencies in - SWP yield. r=J Are not interested in offsetting anticipated deficiencies in SWP yield, but are interested in acre-feet per year addi- tional water. I:1 Are not interested in any CVP water. r=J We are not a Kern County Water Agency State Pròject Member Unit and r=l Are interested in acre-feet per year of CVP water. [:] Are not interested in any CVP water. :1 r=J We could use CVP water to be made available through the Mid-Valley Water Author ity. r:J Are interested in acre-feet per year of CVP Mid-Valley Water. For those who wish to obtain CVP water, please respond to the following questions: 1. Would you want this water every year or only in certain years? (Explain) - "I I n__- ¡; " . t, ;; J I ..; " , ó ~ w .. '>' Would you require this water on an irrigation schedule, or could you take ' ,"!'-- 2. . this only on certain months? (Explain) . \ 3. Would the additional water be used for direct application or for ground water recharge? (Describe) ") .1 4. Would use of additional water be dependent on exchange or banking arrange- ments with other Districts? (Describe) 5. Describe the extent to which additional conveyance facilities would be re- quired in order to utilize CVP water. Please send response to Kern County Water Agency by . Date: Signed District By :,:; "'I PLEASE RETURN QUESTIONNAIRE TO: I I .' Kern County Water Agency P.O. Box 58 . Bakersfield, CA 93302 "< .. .. ". ..'1 "' ,. .',., :'5 .;<, - :~I ... '- I ¡. ~ . ~ :¿ " '.... ~ DOMESTIC WATER ENTERPRISE' MAINLINE\EXTENSION REFUND AGREEMENT WATER BOARD'MEETING OF OCTOBER 10, 1984 TRACT OR AGREEMENT WATER DEVELOPER PARCEL MAP REFUND AMOUNT BOARD NUMBER Tenneco Realty Dev. Corp. TR.4465 $ 12,089.77 , . f¡. ~~I