1969 Western Judgment History and Application. January 7, 2011 Board of Public Utilities

Transcription

1 1969 Western Judgment History and Application January 7, 2011 Board of Public Utilities

2 Presentation Overview Overview of the Judgment Safe Yield Summary RPU Water Rights by Basin

3 Judgment Overview

4 Complaint Western Municipal Water District of Riverside County et al. v. East San Bernardino County Water District et al. Superior Court for County of Riverside Case No March 1, 1963 (a) Complaint. The complaint in this action was filed by certain parties exporting water from the area defined herein as the San Bernardino Basin Area for use within Western, and sought a general adjudication of water rights. [Judgment Page 4. Lines 3 through 6]

5 Change in Groundwater Storage

6 Litigation Sought general adjudication of water rights within the San Bernardino Basin Area Plaintiffs: Western Municipal Water District of Riverside County City of Riverside The Gage Canal Company Riverside Highland Water Company Agua Mansa Water Company and Meeks & Daley Water Company The Regents of the University of California, Riverside Defendant: San Bernardino Valley Municipal Water District

7 Litigation Dismissed Parties: All parties other that those named in the preceding Paragraph I are dismissed without prejudice. [Judgment Page 5 Lines 30 and 31] Litigated concurrent with Orange County lawsuit Orange County Water District v. City of Chino et al. Case Number Superior Court for the County of Orange Over 4,000 Parties to the lawsuit

8 Geographic Boundary of Judgment(s)

9 Settlement Western settlement used to facilitate Orange County settlement Stipulated Judgment entered April 17, 1969, coincident with the Orange County Judgment Western Municipal Water District represented all plaintiff parties San Bernardino Valley Municipal Water District represented non-plaintiff parties Both settlements effective Calendar Year beginning January 1, 1971

10 Summary of Settlement Court retained Jurisdiction Two-member Watermaster Committee administers provisions of the Judgment One member nominated by WMWD One member nominated by SBVMWD Judgment directed the Watermaster to make certain initial determinations and verifications Stream Diversions Groundwater Pumping Exports from the Basins

11 Court Required Determinations Total actual average annual extractions by nonplaintiffs for use within San Bernardino County The natural safe yield of the San Bernardino Basin Area during the five-year period ending with 1963 The annual adjusted right of each Exporter (Plaintiff) based upon the percentage of the natural safe yield The annual production by plaintiffs for comparison with adjusted rights

12 Court Required Determination (cont.) Annual discharge from the City of San Bernardino Water Quality Control Plant to the river as to quantity and quality Average annual extractions from the Colton Basin Area for use outside San Bernardino Valley Average annual extractions from the Riverside basin Area within San Bernardino County for use outside San Bernardino Valley The average static water levels within the Colton Basin and Riverside Basin within San Bernardino county

13 Court Required Determination (cont.) The average annual extractions from Riverside Basin Area in Riverside County which are tributary to the Riverside Narrows for use in Riverside County Annual extractions for use within Western from the San Bernardino Basin and the area downstream therefrom to the Riverside Narrows which have been exported for use outside the area tributary to the Riverside Narrows Annual extractions for use within San Bernardino County from the San Bernardino Basin Area and Colton Basin Area for use on lands which are not tributary to the Riverside Narrows

14 Court Required Determination (cont.) Reduction in return flow now contributing to base flows at Riverside Narrows which results from conversion of agriculture use in water within Western to domestic or other uses connected to sewage or waste disposal system, the effluent from which is not tributary to the rising water at Riverside Narrows

15 Safe Yield Summary

16 RPU Water Supply Basins Bunker Hill Colton Riverside North Riverside South Arlington (in-active)

17 Safe Yield Summary Safe Yield Overview and Export Rights: Basin San Bernardino Basin Area (Bunker Hill) Colton Basin Area Riverside North Basin Riverside South Basin Safe Yield* (Acre Feet) Allowed Export # (Acre Feet) 232,100 59,438 11,731 3,381 33,729 21,085 29,633 29,633 - * or Total verified extractions during base period - # for use within Riverside County

18 RPU Water Rights by Basin

19 RPU Water Rights Bunker Hill Base Rights in Bunker Hill Basin Based on 5 year rolling average i.e. right to extract five times the adjusted annual right in any five year period Cannot exceed adjusted right by more than 30% in any year Enjoined from extracting more than permitted by Judgment SBVMWD obligated to maintain safe yield

20 RPU Water Rights Bunker Hill RPU Adjusted Base Rights for Export from San Bernardino County Named Entity Annual export (AF) City of Riverside (including Gage Canal Co.) 49,542 Meeks and Daley Mutual Water Co. (as shareholder) 2,908 Riverside Highland Water Co. (as shareholder) 440 University of California Riverside (by agreement) 536 Total Export Rights by RPU 53,426 Total Export by all entities = 59,438 AFA

21 RPU Water Rights Colton Basin & Riverside North Basin Base Rights in Colton & Riverside North Basin Based on 5 year rolling average i.e. right to extract five times the adjusted annual right in any five year period 20% peaking allowance in any year Accumulation of export credits allowed (1992 amendment) Adjudication among Plaintiff parties not fixed WMWD obligated to replenish in excess of 20% peaking allowance SBVMWD obligated to maintain static water levels

22 RPU Water Rights Riverside South Basin Base Rights in Riverside South Basin (extractions tributary to Riverside Narrows) Established by 1969 Judgment Based on 5 year rolling average i.e. right to extract five times the adjusted annual right in any five year period 20% peaking allowance in any year Accumulation of export credits allowed (1992 amendment) Adjudication among Plaintiff parties not fixed WMWD obligated to replenish for over-extraction WMWD obligated to replenish for reduced return flow

23 Water Rights Summary Available Fixed Extraction and Export Rights: Basin San Bernardino Basin Area (Bunker Hill)* Colton Basin Area Riverside North Basin Riverside South Basin Total Fixed Water Extraction Rights Annual Extraction (Acre Feet) 53,426 2,728 11,351 16,880 84,385 * - Increases variably with New Conservation at Seven Oaks Dam

24 Recommendation That the Board of Public Utilities receive and file this report.