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HomeMy WebLinkAbout09/11/85 A G E N D A WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, SEPTEMBER 11, 1985 12:00 P.M. - NOON Call meeting to order. Roll call - Board Members: 'Moore, Chairman;~ Barton, Ratty. 1. Approve minutes of meeting held July 24, 1985. 2. Scheduled public'statements. 3. Correspondence. 4. Proposed "Pioneer Extension Canal Agreement" between Tenneco Realty Development and City of Bakersfield pro- viding for the re-location of the Pioneer Extension Canal (for future Stockdale Highway re-alignment) and con- struction of an emergency spillway in City's River Canal. FOR BOARD ACTION and RECOMMENDATION to CITY COUNCIL. 5. Proposed "Ditch Eradication and Pipeline Easement Agree- ment'' that would allow approximately 1,981 lineal feet of the Beardsley 1-4-0 lateral "open ditch" to be con- verted to 36" reinforced concrete pipeline at developers expense. FOR BOARD ACTION and RECOMMENDATION to CITY COUNCIL. 6. Mainline extension agreements for Tracts 4777 and 4772 located in southwest Bakersfield. FOR BOARD INFORMATION. 7. Proposed Metropolitan~ Water District program to import, bank and extract water in the James-Pioneer Improvement District. This item was continued from the July 24, 1985 Water Board Meeting. FOR BOARD DISCUSSION. 8. Association of California Water Agencies (A.C.W.A.) membership. This item was continued from the July 24, 1985 Water Board Meeting. FOR BOARD DISCUSSION. 9. Staff comments. 10. Board comments. 11. Adjournment. WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JULY 24, 1985 12:00 P.M. - NOON The meeting was called to order by Chairman Moore in the Community Services Department Conference Room. The secretary called the roll as follows: Present: Moore (Chairman), Barton, Ratty The Closed Session portion of the meeting was 'moved to the beginning of the agenda since Mr. Stanley Roden (consulting attorney) had to leave early. There were no public statements nor correspondence received. The Service Agreement between Tenneco Oil Company, North Kern Water Storage District and City of Bakersfield was presented before the Board by Mr. Bogart and'Mr. Daniel. Representing North Kern Water District were Mr. Williams, Mr. Hall, Mr. Phillips and Mr. Kuney. After discussion, a motion was made by Mr. Barton for approval of agreement, and to recommend approval by City Council. The motion passed. Mr. Bogart presented before the Board the propo'sed contract with Quad Consultants regarding the preparation of the E.I.R. for the "Kern River Channel Maintenance Program." Mr. Bogart stated there had been some environmentalist groups against the proposed maintenance program, which pointed out the need to educate and inform the public on the necessity for a channel maintenance program. After discussion, a motion for approval was made by Dr. Ratty. The motion passed. The letter from Mr. A1 Wheelan dated July 10, 1985 requesting California Water Company service for Tract 4738 and other property located north of Taft Highway and east of Stine Road was presented before the Board by Mr. Core. During discussion, comments were made with regards to clarification of the policy for use of Availability Fees. Representing the California Water Service Company was Mr. B. D. Lewis, who explained his company's present policy on water service and reiterated his concerns that there should be no conflict between the City and California Water Service Company over this service area. Dr. Ratty made a motion to have added flexibility to use Availr ability Fees as necessary to provide water to new service areas. The motion passed. Mr. Moore made a motion that ~City pursue providing water service to the area on ~he map bounded by Stine Road, Taft Highway, Freeway 99 and the Arvin-Edison Canal. The motion passed. Mr. Barton made a motion that the Association of California Water Agencies membership discussion be deferred until the next Water Board meeting. The motion passed. Mr. Moore made a motion that the reconnaissance report by Bookman-Edmonston Engineers on possible Metropolitan Water DiStrict program to import, bank and extract water in the James- Pioneer Improvement District be deferred~ until the next Water Board meeting. The motion passed. Mr. Dow and Mr. Bogart commented regarding the time and day of Water Board meetings. No action was taken. There were no Board comments. The meeting adjourned at l'.45p.m. Sharon Robison, Secretary City of Bakersfield Water Board M £M 0 RAN D U M S e ~.e..m_ _b.e_z.._4.~....-'.1..9..8..S. ............... - -TO- Paul Dow, Community Services Manager FROM Gene Bogart, Director of Water Resources SUBJECT PIONEER EXTENSION CANAL AGREEMENT The Pioneer Extension Canal is a sandy, earth-lined canal running from south of Stockdale Highway to the northwest junction of the Kern River Levee just east of Stockdale Highway Bridge. The current operation and maintenance of the Pioneer Extension Canal is the City's responsibility. The canal diverts water from the City's River Canal to the River Channel; from there to the Pioneer Canal, the Rosedale Channel and the City's 2800 acres. The City currently operates and maintains approximately 2500 lineal feet of this canal for City water deliveries. Based upon current costs, the Pioneer Extension Canal operation and maintenance costs average $14,200 per year. This includes sand removal by dragline, sloping and weed control costs. When residential housing locates within 1/4 mile o'f the existing canal, City ordinances will require the entire "open ditch" of the Pioneer Extension Canal to be fenced - at an estimated cost of $28,000. To summarize this project, the proposed canal re-location would result in.an annual Water Resources Division savings of $14,200 per year, as well as a capital cost savings of $28,000 when the City is required to fence this canal. Ail liability of the existing "open ditch" located next to Stockdale Highway would be eliminated since the water from the River Canal would be carried underground through new reinforced concrete pipelines constructed and paid for by Tenneco Realty Development Corporation. CB: sr PIONEER EXTENSION CANAL AGREEMENT THIS SPECIAL FACILITIES, DITCH ERADICATION and PIPELINE EASEMENT AGREEMENT, made and entered into this day of , 1985, by and between the City of Bakersfield, a municipal corporation ("City"), and Tenneco Realty Development Corporation, a Delaware Corporation ("Tenneco Realty"). RECITALS WHEREAS, City is the owner and operator of the Pioneer Extension Canal, including the easements and right-of-way there- for, located in the northwest quarter of Section 6, Township 30 South, Range 27 East, M.D.B.&M., Kern County, California, whiCh existing alignment is delineated on the map attached to and made a part of this Agreement as Exhibit A; and WHEREAS, Tenneco Realty is the owner of the remainder of said Section 6 lying southerly and adjacent to the Pioneer Extension Canal easements and right-of-way; and WHEREAS, Tenneco Realty desires to relocate the Pioneer Extension Canal from the existing location and substitute for the open canal reinforced concrete pipelines and appurtenant struc- tures of equal capacity to provide for more efficient urban devel- opment of the adjacent properties, including realignment of Stockdale Highway in said Section 6; and WHEREAS, City desires to upgrade and construct an emer- gency spillway in the City's River Canal in said Section 6 in order to protect surrounding lands from potential flooding; and WHEREAS, Construction of the Pioneer Extension Project and River Canal Spillway is limited to only those short periods of time in certain years when the River Canal is dry; therefore, time is of the essence for these projects. AGREEMENT 1. DESCRIPTION OF WORK: Tenneco Realty shall provide all materials and labor for, and shall be responsible for the car- rying out and completion of the following construction projects: (1) The relocation of the Pioneer Extension Canal and appurtenant structures to a new alignment delineated as "Proposed Conduit" in Exhibit A, according to plans and specifica- tions approved by the City; (2) The construction of the River Canal Spillway, as delineated in Exhibit A, according to plans and specifications approved by the City. The River Canal Spillway, and the headgate structures for the relocation of the Pioneer Extension Canal shall both be con- structed during the same time period due to the necessity of removing water from the River Canal and the Pioneer Extension Canal at the same time. After the completion of the headgate and spillway, the remainder of the project shall be constructed. The Pioneer Canal Extension shall not be relocated until the "Proposed Conduit" is completed and ready for use so City water operations will not be interfered with. The location of the work to be done under this Agreement is shown on attached Exhibit A, and will be further described in plans and specifications which will be pre- pared for this project and such plans and specifications are incorporated by reference as though fully set forth herein, and shall be binding on the parties to this Agreement. All work shall be done as set forth in this contract, the attached exhibits, and the plans and specifications. 2. COMPENSATION: (A) Pioneer Extension Canal Project: Tenneco Realty shall pay all costs and expenses, without limitation, for -2- the engineering and construction of the new Pioneer Extension Canal Project including, without limitation, the eradication of the present alignment of the Pioneer Extension Canal and the con- struction of the "Proposed Conduit" as set forth in Exhibit A and the plans and specifications associated with relocating the Pioneer Extension Canal. (B) River Canal Spillway: City shall reimburse Tenneco Realty for actual cost of construction and engineering expenses only, for the River Canal Spillway as delineated in Exhibit A and the plans and specifications associated with said River Canal Spillway; however, the reimbursement for the actual cost of construction of the River Canal Spillway shall not exceed SIXTY-FIVE THOUSAND DOLLARS ($65,000). 3. APPROVAL OF PLANS: Tenneco Realty shall provide City with a complete set, or sets, of construction plans and specifi- cations and a complete set of "as-built" plans for both the River Canal Emergency Spillway, and the Pioneer Extension Canal reloca- tion projects. City's approval of all plans and specifications shall be necessary prior to any construction on the Pioneer Extension Canal relocation or the River Canal Emergency Spillway. All copies of plans and specifications provided by Tenneco Realty shall be at Tenneco Realty's sole expense. 4. MATERIALS AND EQUIPMENT: All materials and equip- ment shown or specified on the plans or in the specifications, or required to complete the project, shall be provided and securely installed and placed by Tenneco Realty. Provision and installa- tion of materials and equipment shall include everything required for satisfactory performance, regardless of omission of specific reference on plans or specifications. Industry standard building prac~tices will be followed to achieve this result. Workmanship will be completed in accordance with City approved plans and spec- ifications before acceptance by City. -3- 5. GUARANTEE AGAINST DEFECTS: Tenneco Realty hereby guarantees all features of the work of the improvements for a period of one (1) year following the acceptance of the work, against defective work or labor done, or defective materials fur- nished, in the performance of this Agreement; and Tenneco Realty agrees to correct, repair or replace promptly when demanded by the City all such defective work or labor done, or defective materials furnished, as may be discovered within such one-year period. 6. CONSTRUCTION SCHEDULE: Upon City approval of the plans and specifications for the construction of the Pioneer Canal Extension relocation, the proposed conduit associated with said Canal relocation, and the River Canal Spillway, Tenneco Realty shall be entitled to commence construction at such times as they deem appropriate provided that such work shall be done only at a time or times that will not interfere with the flow or distribu- tion of water moving down the Pioneer Extension Canal or River Canal. Tenneco Realty shall notify the City prior to starting such work and immediately upon completion of construction as set forth in this Agreement. The headgates for the "Proposed Conduit" and spillway for the River Canal shall be Constructed first, fol- lowed by the remainder of the project. No relocation of the Pioneer Extension Canal shall occur until the "Proposed Conduit" is completed and ready for use so City water operations will not be interfered with. 7. QUITCLAIM DEEDS: Upon completion and acceptance by the City of all work performed by Tenneco Realty under this Agreement, Tenneco Realty shall grant at no cost to the City a pipeline easement for a total width of sixty (60) feet for the new location of the Pioneer Extension Canal conduit in accordance with the "Proposed Conduit" as set forth on Exhibit A. City will then quitclaim at no cost to Tenneco Realty the former Pioneer Extension Canal alignment from its interconnection with the River -4- Canal to the southerly crossing of the Kern River levee, as shown in Exhibit A. 8. TIME OF PAYMENT: City shall reimburse Tenneco Realty the actual cost of construction for the River Canal Spillway after the completion of construction and acceptance by the City within forty-five (45) days from the receipt of an invoice from Tenneco Realty. Said invoice shall detail the actual construction cost incurred. 9. RIGHT OF INSPECTION: City shall have the right to enter upon the project site at all reasonable times to inspect the project and Tenneco Realty's operations thereon. 10. INDEPENDENT CONTRACTOR STATUS: City shall not become or be deemed the partner or joint venturer with Tenneco Realty or associate in any relationship with Tenneco Realty other than that of an independent contractor, and Tenneco Realty by rea- son of the provisions of this Agreement shall only be deemed an independent contractor of the City. 11. INSURANCE: Tenneco Realty shall procure and main- tain in force during the term of this Agreement, at their sole cost and expense, public liability insurance adequate to protect against liability for damage claims through public use of or aris- ing out of accidents occurring in or around the project, in a min- imum amount of ONE MILLION DOLLARS ($1,000,000) combined single limit. 'Such insurance policies shall provide coverage for City's contingent liability on such claims or losses. Tenneco Realty shall add City and City's councilmen, officers, and agents as additional insureds on all insurance policies required by this Agreement. Tenneco Realty agrees to maintain and keep in force all workers' compensation insurance required under the laws of the State of California, and such other insurance as may be necessary to protect City against any other liability to person or property arising by operation of law, whether such law is now in force or adopted subsequent to the execution of this Agreement. -5- 12. INDEMNITY: Tenneco Realty shall indemnify, defend, and hold harmless the City, its officers, and agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them or any of them for injury or death of persons or damage to property arising out of, connected with, or caused by Tenneco Realty, Tenneco Realty's employees, agents or independently contracted individuals or companies in the performance of the terms and provisions of this Agreement. 13. WAIVER OF DEFAULT: The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provi- sion at a later time, and shall not serve to vary the terms of this Agreement. 14. FORUM: Any lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in Kern County, California. 15. TIME: Time is of the essence in this Agreement. 16. HEADINGS: All paragraph or section captions are for reference only, and shall not be considered in construing this Agreement. 17. NOTICES: All notices relative to this Agreement shall be given in writing and shall be sent by certified or regis- tered mail and be effective upon posting in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: City: City of Bakersfield Community Services Department 1501 Truxtun Avenue Bakersfield, CA 93301 Tenneco Realty: Tenneco Realty Development Corp. P. O. Box 9380 Bakersfield, CA 93389 18. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. -6- 19. BINDING EFFECT: This Agreement shall inure to the benefit of and be binding on the successors in interest and assigns of the parties. 20. 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 costs and other nonreimbur- sable litigation expenses, such as expert witness fees and inves- tigation expenses. 21. MERGER AND MODIFICATION: This contract sets forth the entire agreement between the parties, and supersedes all other oral or written provisions. This contract may be modified or ter- minated only in a writing signed by all the parties. 22. CORPORATE AUTHORITY: Each individual executing this Agreement represents and warrants that they are duly authOrized to execute and deliver this Agreement in behalf of the corporation and that this Agreement is binding upon said corporation in accor- dance with its terms. -7- IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in (2) original counterparts, as of the date and year first above written. TENNECO REALTY DEVELOPMENT CORP. By Vice President and by Assistant Secretary CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this day of , 19 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield ADD:kda A-TEN1 --8-- IX. E ~ N RIYER ' -: ~ ~ ' ' ~ EXISTING ~ T , ,~ ~_ ~ PROPOSED ~ = - NEW PIONEER EXTENSION o, o ~.OT 250.64' . HEADGATE RIVER ~ 14~0 W I ;84'01'07"W BB.~' (S~'49"W ~.08') · ~1~ ~ NEW RIVER CI,NAL ~ ~ C~u ~ ' ; SPILLWAY (PROPC,SED) ::~?/.?;L~?::?:~?~?~ EXISTING PIONEER EXTENSION CANAL (TO BE ABANDONED) ~O~OS~D ~I~ELINE OONDglT ...... E X H I BIT "A" (tO Bi CONSTRUCTED) ¢-~_K~cording Kequested by: and when recorded mail to: City of Bakersfield Department of Water 4101Truxtun Avenue Bakersfield, CA 93301 AGREEMENT NO. DITCH ERADICATION AGREEMENT AND PIPELINE EASEMENT THIS AGREEMENT, dated , between Harold C. Carter and Arleta Carter hereinafter called "First Party" whether one or more, and Kern River Canal and Irrigation Company, owned in full by the City of Bakersfield, hereinafter called "Second Party", WI TN ESS ETH THAT: WHEREAS, Second Party is the owner and operator of the Beardsley Canal Lateral, also known as lateral 1-4-0, now existing as an open ditch, and is the owner of a right of way and easement therefor over and across that certain real property owned by First Party in the County of Kern, State of California, particularly des- cribed as follows: SEE "EXHIBIT A" WHEREAS, First Party desires to fill in and eradicate said open ditch and to substitute therefor a concrete pipeline, of the type and inside diameter hereinafter specified, in and along said easement and right of way, as hereafter provided; and WHEREAS, Second Party is willing to consent to such substitution upon the terms and conditions hereinafter set forth; NOW THEREFORE, it is agreed as follows: 1. First Party does hereby grant to Second Party the exclusive and permanent right of way and easement to maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow and conduct water through a buried pipeline or pipelines over, along and in those certain strips of land in the County of Kern, State of California, more particularly described as follows: SEE "EXHIBIT B" together with all rights convenient and incidental thereto, including the right of ingress to and egress from said strip of land over and across real property of First Party, and First Party covenants and agrees that no building or other structure shall be constructed, and no trees, vines, or shrubs shall be planted upon said right of way and easement. 2. First Party agrees, at its own expense, to procure an Easement Guarantee Policy of title insurance in the amount of $2,000.00 from (a Title Insurance Company) or other title insurance company acceptable to Second Party, insuring that the right of way and easement herein granted is vested in Second Party free and clear of all liens and encumbrances excepting only those matters waived in writing if any, by Second Party. 3. First Party agrees to construct and install along the center-line of said right of way and easement thirty-six and' eighteen inch inside diameter rubber gasket reinforced concrete (CLIII) irrigation pipeline. Said pipeline shall be of the quality and on the grade and in the manner to be designated and approved in writing by Second Party's engineer. Said construction and installation work shall be done at a time that will not interfere with the flow or distribution of water through the present ditch as required by Second Party. 4. First Party shall contract for or otherwise have, see above described pipelines, installed and shall pay the entire cost of laying, constructing and installing said pipeline or pipelines, inlets, outlets, and other structures re- quired by Second Party, including costs of all labor and materials incurred or used in connection with the installation, trenching, backfilling, leveling and testing the same, and the cost of all engineering, professional and other necessary services furnished by the Second Party or others in connection therewith. First Party shall provide to Second Party a performance bond equal in value to the engi- neer's estimate of the total cost of the project, in the event that the First Party shall not pay the entire costs thereof and complete said work as provided in this agreement, and if the installation of the pipeline (s) is to be contracted for, a payment bond equal in value to one-half of such estimate. Prior to any work being done to install the pipeline (s), First Party shall present Second Party with a certificate evidencing Workers' Compensation Insurance coverage for any contractor involved in the project. 5. First Party agrees to commence the construction and installation of said pipeline or pipelines and structures within 3 months. 6. First Party agrees that, upon completion of construction and installation of said pipeline or pipelines, inlets, outlets and other structures, and acceptance of same by Second Panty, the same shall become and remain the property of Second Party and First Party shall have no right, title or interest therein, and Second Party shall be in the sole and absolute control of the manner, method and time of conducting and discharging water through said pipeline or pipelines and facili- ties; and the nature and extent of Second Party's right of way and easement shall be in no manner diminished or restricted by the construction of said pipeline by First Party. 7. First Party agrees to keep and maintain said pipeline or pipelines, and the inlets, outlets and other structures thereon, in good operating condition and repair for a period of one year after the completion of construction and acceptance thereof by Second Party, and to pay all costs of such repairs and maintenance and of any replacement of any part thereof required to maintain said pipeline or pipe- m STATE OF CALIFORNIA _ .~-a COUNTY OF Kern SS. :1 On September 5, 1985 _before me, WTC WORLDTITLE COMPANY the undersigned, a Notary Public in and for said County and State _0eLSOt~ally appeared. FOR NOTARY SEAL OR STAMP 'PI~ROLD C. CARTER and -o ARLETA CARTER ~ (or proved to me on the basis of satisfactory evidence)to be the ~ ~ ALY(:E S, HOUSER ~, ~ person S whose name ~ ~P subscribed to the within ~a ,~~ mTAR~ PUgLIC. ~IFORNIA ~' instrument and acknowledged that ~hey executed the ~ ~ ~NO FILED IN ~ . -~. ~ Signature ...... - WTC 06? lines and structures in good operating condition. First Party agrees that, in. the event it fails, neglects or refuses to repair, maintain or replace promptly upon demand, any part of said pipeline, or the structures connected therewith, during said period of one year, Second Party shall have the right, but shall not be required, to make any such repairs or replacements, and First Party does hereby agree to repay Second Party the cost of any such repairs or replacements made by Second Party within 30 days of mailing by Second Party of an invoice therefore, with interest at 12% per annum from the date such cost is incurred to the date of repayment if payment made is received by Second Party within such 30 day period. 8. First Party agrees to indemnify and hold Second Party free and harmless of and from any and all claims and liabilities arising out of or in connection with the construction, maintenance and repair of said pipeline or pipelines, and any other thing or matter done or required herein to be done by First Party. 9. Upon full performance of this agreement by First Party, and the acceptance of said pipeline or pipelines and other structures by Second Party, Second Party agrees to quit claim to First Party that portion of its present open ditch and right of way therefor which will be replaced by said pipeline or pipelines and the right of way and easement herein granted. 10. First Party agrees to pay to Second Party reasonable attorney's fees, trial preparation expense, and court costs in any successful action brought by Second Party to enforce any of the terms, covenants and conditions of this agreement. ll. Second Party agrees to quit claim all prior easements of record. 12. This agreement shall apply to and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties thereto. IN WITNESS WHEREOF, the parties hereto have cause this instrument to be exe- cuted in duplication as of the day and year first above written. (Legal Landowner). ( L~ ~a~'h c~wn e r ) (Legal Landowner) APPROVED AS TO FORM: First Party KERN RIVER CANAL & IRRIGATING COMPANY City Attorney BY: Chairman, City of Bakersfield Water Board Second Party EXHIBIT "A" LOTS 5, 6 AND 7 OF THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SECTION 9, T.29S., R.27E., M.D.M., KERN COUNTY, CALIFORNIA. EXHIBIT "B" PARCEL l: (36" CLIIIREINFORCED CONCRETE PIPE) THE SOUTH 15.00 FEET OF THE NORTH 70.00 FEET OF LOTS 5, 6, AND 7 OF THE SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SECTION 9, T.29S., R.27E., M.D.M., KERN COUNTY, CALIFORNIA. PARCEL 2: (~8" CL III REINFORCED CONCRETE PIPE) THE SOUTH 20.00 FEET OF THE EAST 471.92 FEET AND THE SOUTH ~0.00 FEET OF THE WEST 125.00 FEET OF THE EAST 596.92 FEET OF LOT 5 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SECTION 9, T.29S., R.27E., M.D.M., KERN COUNTY, CALIFORNIA. DOMESTIC WATER ENTERPRISE MAINLINE EXTENSION REFUND AGREEHENTS WATER BOARD MEETING OF SEPTEHBER 11, 198S TRACT or AGREEMENT WATER DEVELOPER PARCEL MAP REFUND AMOUNT BOARD NUMBER Tenneco Realty Dev. Corp. TR 4777 $ 16,333.73 (Est.) T'enneco Realty Dev. Corp. TR 4772 50,362.48 (Est.) TOTAL $ 66,696.21 ' ' Optimization Steering Committee , Kern County Water Districts 'Advisory Committee TO: Optimization Steering Committee AU8 t ~)~5 CITYOFBAKERSFIELD FROM: Jerry L. Cappello, Chairman Co,"m'flunlt¥$e~esDeparlm~nt DATE': July 29, 1985 SUBJECT: REQUESTS FOR OOMMENTS AND EXPRESSIONS OF INTEREST IN GROUND WATER BANKING PROGRAM As you are aware., the MWD 'report on the Ground Water Banking program has been received and a copy of this should have been transmitted to all Steering Committee members by now. The subcommittee which has been dealing with this matter met the morning of July 26. At that time the report, as well as other matters relating to the proposal were thoroughly discussed. In addition, attention was Given to where we should go next in connection with this matter. Attached is a memorandum to me from Arnold Rummelsburg. This memorandum summarizes the findings of the report, comments on the significance of the report, and suggests a course of action. At the July 26 subcommittee meeting it was agreed that the next step is to obtain the comments and opinions of each of the districts in writing and such written comments are hereby requested. These comments should address the issues set forth in the last part of the attached memorandum (Items*! through*5) together with any other items the district feels is significant. It is requested that these written comments be submitted to Post Office Box 9429, Bakersfield, GA, to my attention by August 19. After that I will appoint a small committee to summarize them. This summary, together with the full text of the comments received will then be compiled and transmitted to all Optimiza- tion Steering Gommittee members, prior to ca/ling a meeting of the full.committee. Your .cooperation in this matter is appreciated. JLC:llh REMEMBER - YOUR WRITTEN RESPONSE IS REQUESTED BY AUGUST 19, 1985 WHEELER RIDGE - MARICOPA WATER STORAGE DISTRICT MEMORANDUM TO: Jerry Cappello FROM: Arnold S. Rummelsburg DATE: July 23, 1985 SUBJECT: Ground Water Program By letter dated July 10, 1985 Myron Holbert of M,W.D. transmitted the summary report of the findings of the Reconnaissance Investigation of a Ground Water Recharge & Recovery Program in Kern County prepared for Metropolitan. This was presented for our review prior to future dis- cussions with them. This report listed 39 principal findings which are briefly discussed as follows: Items 1-3 These findings are background items pointing out that there is potential for recharge and recovery programs in several areas of the County and state that this investigation is largely limited to the James-Pioneer area. Items 4-8 These describe the James-Pioneer area, state that a recharge and recovery program is physically feasible using S.W.P. water available to M.W.D., points out that the studies analyzed storage capacities up to 1.2 million acre feet, utilized a capa- city of 0.8 million acre feet for purposes of economic analysis, and set forth the assumptions as to hydrology and construction of S.W.P. facilities. Items 9-11 These state that a program could be developed either using the Cross Valley Canal oF a new canal, identify the maximum delivery rate at 40,000 acre feet per month, and indicate the need for an area of 3,500 acres for percolation. Items 12-15 These findings state that during the "Critical Period" 30,000 acre feet per month recovery would be needed requiring 91 wells, and describes the spacing & depth of the wells. Items 16-20 These sections discuss ground water levels and movement, recognize the current operations of various agencies and point out the need to develop a site-specific ground water model in future studies. Items 21-22 These describe (1) the Crpss Valley Canal and its possible utilization and (2) a new conveyance facility. Items 23-25 These sections-set forth the capital and annual costs of the program utilizing a new canal and point out that a cost analys~s has not been made considering use of the Cross Valley Canal, Items 26-29 These sections discuss reduced availability of water for recharge over time, possible extraction of 800,000 acre feet during a repetition of the 1929-1934 drought (133,000 acre feet/yr max) and subsequent annual yield of 32,000 acre feet/yr. Items 30-31 These sections set forth an estimated unit cost of from $167 to $210 per acre foot and briefly describe the criteria upon which these costs were developed. Item 32 This section indicates that the quality of the ground water in James-Pioneer and that of the S.W.Po supplies are about the same. Items 33-35 These sections state that Kern County interests could participate in and/or benefit from the program as follows: a) With existing supplies or with additional water which might be acquired. This might utilize all of extra Cross Valley capa- city requiring construction of the proposed new canal. b) Through higher ground water levels and greater potential for exchanges & banking. Item 36 This item points out that with the availability of addition- al water by Kern County the entire program could be expanded (to include additional yield for Kern County interests). Items 37-39 Those items point out that additional dry year yield could be developed through in-lieu delivery programs and water exchanges with several local entities and these could be maximized by construc- tion of additional conveyance and distribution facilities. The suggestion has been made that the report is "strictly Metropolitan" without considering the benefits for Kern County. It must be recognized that the study was made for Metropolitan,(and paid for by them), but even so sets forth several areas by which Kern County interests could both participate and benefit. The primary significance of the report is that it provides an outline of what might be accomplished and the order of magnitude of that accomplishment. It was not intended to be a "negotiation document" or to identify "who gets how much of what" nor was it intended to present a complete plan of develop- men t. After a complete review of the report the following items should be addressed. ~ 1. Is the general concept of a recharge and recovery program accept- able if reasonable conditions can be developed? * 2. If so, do Kern County interests want to participate as partners in the program sharing both the dry year yield and the obligations'! * 3. What is the scope of Kern County interests? a) Should it include banking of S.W.P. water only? C.V.P. water? Kern River water? Can these items be separated? b) Should the program include in-lieu recharge as well as per- colation? What areas should this include - James-Pioneer? Semitropic? Rosedale? Kern Delta? Others? c) Is the concept of extraction of stored water for transport out of the County in dry years acceptable or should the program be limited to exchanges? d) Each entity that is interested in participating should identify what they wish to accomplish. ~e; Districts like Wheeler Ridge would be interested in banking - much like Metropolitan, while Districts like Semitropic would be more interested in additional water in more normal years. ~e magnitude of these desired accom- plishments should be identified. * 4. If the above items can be satisfactorily determined a.more detailed investigation jointly between Metropolitan and Kern County interests would be in order. * 5. If the program is to proceed the institutional considerations 'muat be addressed. At least one Kern County District has formally stated that. any program must be under the auspices of a Joint Powers Authority which includes all of the affected entities, while another has s~ggested that the entire matter be handled by the Kern County Water Agency as far as the County interests are concerned. A concensus must be devel6ped on this point. COMMUNITY SERVICES DEPARTMENT GENE BOGA.T, Director of Water Resources F LO.N CORE. Assistant Director of Water .e.ources ,.M LE DOUX. Rec,eation S,,pe,inte,,dent. 326-3701 August 26, ~985 Optimization Steering Cmmittee Post Office Box 9429 Bakersfield, CA 93389-9429 Gent lemen: This letter is in response to your committee's request for comments and expression of interest in the proposed groundwater banking program currently being considered with Metropolitan Water District. 1.) The concept of a recharge and recovery program involving entities outside Kern County is acceptable provided reasonable conditions can be developed to protect Kern County users and reduce potential conflicts with existing local water projects. 2.) Participation as partners in the program should, be considered on a district by district ass'essment as to needs, costs and benefits. The City of Bakersfield would probably not be a direct participant at this time since we are now concentrating our efforts toward developing the banking and recharge facilities in the 2800 acre project. 3.) The scope of Kern County's interests Should include banking of State Water Project water, surplus Friant-Kern supplies and possibly Kern River water. The Kern River supplies would have to address water rights issues and existing contractual obligations, as well as availability. In stnnmary, the program of banking, extraction and transport out of Kern County should in all cases provide adequate protections to insure that there will always be a positive benefit to the groundwater supply in Kern County. This is especially true during those lean water years when major groundwater ex- tractions are taking place. August 28, 198S Optimization Steering Committee Page 2 We appreciate the opportunity to resPond to your inquiries regarding the proposed bletropolitan Groundwater program in Kern CoUnty. Sincerely, PAUL OOiq Con~nunity Services Manager Gene Bogart Director of Hater Resources GB:sr cc: Water Board: Rollie ~loore, Chairman Jmnes J. Barton Dr. Don Ratty O M =MOP. AN DUM July 15, 1985 -' TO City of Bakersfield Water Board FROM Florn Core, Assistant Water Resources Director SU~ECT ASSOCIATION OF CALIFORNIA WATER AGENCIES MEMBERSHIP At the request of the Water Board at its regular meeting of May 22, 1985, Water Resources staff contacted the Associa- tion of California Water Agencies [A.C.W.A.) concerning the City obtaining membership to the organization. Staff received the letter of introduction that explains what A.C.W.A. is and does, along with various items and publications that A.C.W.A.. publishes, copies of which are '~' attached to this memo. The A.C.W.A. dues formula for 198.5 is based on the 0perations and Maintenance (0 & M) :expenditures of the City Water Resources Division for the fiscal year 1982-83. The member- · ship costs for the City-~covering the remainder of calendar year 1985 would be._$1,4§0-~' or one-half the present annual rate, plus a one time .ass~SSm-~'nt for the purchase of A.C.W.A. head- quarters in the. amount of $4,136. The annual dues would be adjusted based on the reported 0 & M exoenditures.