Charles W. Binder WATERMASTER SANTA MARGARITA RIVER WATERSHED CIVIL NO. 51-CV-1247-GPC-RBB

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Transcription:

Charles W. Binder WATERMASTER SANTA MARGARITA RIVER WATERSHED CIVIL NO. 51-CV-1247-GPC-RBB

Federal case started in 1951 when United States filed suit against Fallbrook Public Utility District and other parties to quiet title to the water rights for Camp Pendleton Referred to as Fallbrook Case Adjudication covers entire Santa Margarita River Watershed including Murrieta-Temecula area 1966 Modified Final Judgment and Decree Court established Watermaster and Steering Committee CWRMA and other orders related to Murrieta-Temecula Groundwater Basin incorporated into Decree

Fallbrook Public Utility District, 1989 Rancho California Water District, 1989 United States (Camp Pendleton and other federal interests), 1989 Eastern Municipal Water District, 1992 Metropolitan Water District of S. California, 1994 Pechanga Band of Luiseño Mission Indians, 1996 Western Municipal Water District, 2007

Meet on a quarterly basis to receive status reports on Watermaster activities Review expenditures and fund the annual budget for the Watermaster Office Provide data and information requested by Watermaster Other tasks determined by the Court

Administer and enforce Modified Final Judgment and Decree and subsequent orders Assist the Court as requested Collect water use data from all Substantial Users in Watershed Submit annual report to the Court Operate gaging stations and monitoring wells under agreement with U.S. Geological Survey Administer MOU s for Lake Skinner and Diamond Valley Lake

Incorporates 44 Interlocutory Judgments for specific issues or sub-basins throughout the Watershed Incorporates 1940 Stipulated Judgment in prior state case in Rancho Santa Margarita v. Vail Company Has been amended to incorporate subsequent agreements, MOUs, and orders

IJ-30: Describes non-indian water rights subject to Court jurisdiction IJ-30A: Describes land and water rights not subject to Court jurisdiction IJ-35 and IJ-35A: Vail Company IJ-41: Recognizes federal reserved water rights for Pechanga Reservation

SWRCB Permit No. 7032 for Vail Lake (amended in 2009) RCWD Agency Agreements for Landowners CWRMA signed in 2002 2006 Wolf Valley Groundwater Management Agreement 1975 MOU for Lake Skinner (amended in 2005 for FPUD change in Point of Diversion) 1995 MOU for Diamond Valley Lake

Certain groundwater and all surface water subject to Court jurisdiction Within jurisdiction if water contributes to flow of Santa Margarita River and it s tributaries Younger Alluvium riparian water right Older Alluvium overlying groundwater right Did not quantify water rights Retained continuing jurisdiction

Identifies parcels and then-current landowners not within Court jurisdiction Lands overlie Basement Complex Groundwater in Basement Complex determined by Court to not contribute to flows of the Santa Margarita River

SWRCB and Watermaster both have jurisdiction for administration and reporting Appropriative storage right up to 40,000 AFY Storage season November thru April Releases for groundwater recharge Re-diversion by recovery from 12 production wells Permit allows for municipal, irrigation, and recreation uses Place of use within entire service area of RCWD

Agreement between RCWD and Camp Pendleton signed in 2002 Physical solution to resolve water rights dispute between those two parties Dispute surrounded 1940 Stipulated Judgment and1966 Decree in Fallbrook Case Allows parties to manage water resources within essential provisions of the two judgments CWRMA governs as long as it is in effect Either party can terminate with 2 years written notice

Stipulation and Order filed in Fallbrook Case on August 20, 2002 Court can make further orders under continuing jurisdiction Court cannot modify terms of CWRMA or 1940 Stipulated Judgment CWRMA is administered by Watermaster Watermaster prepares separate annual report on CWRMA to submit to the Court

RCWD guarantees certain flows at Gorge Flow requirements vary by month and hydrologic year type: min 3 cfs and max 11.5 cfs Make-Up Water provided by RCWD primarily from imported water discharged to river at Gorge Maximum Make-Up Water is 4,000 AFY RCWD must pump groundwater on Safe Yield basis Establishes emergency supplies for Camp Pendleton including 5,000 AF groundwater storage

RCWD and Camp Pendleton to cooperate on groundwater monitoring program Parties to cooperate on separate monitoring program to assess impacts of CWRMA on water supply, water quality, and riparian habitat on Camp Pendleton Parties to maintain groundwater model Establishes Technical Advisory Committee RCWD, Camp Pendleton, USGS and Watermaster

1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 Annual Streamflow (acre-feet) Annual Streamflow for Santa Margarita River near Temecula (USGS Gaging Station No. 11044000) 1989 through 2013 140,000 120,000 100,000 2003 first full year for CWRMA 80,000 60,000 40,000 20,000 0 Water Year Natural Flows RCWD Augmentation Releases

RCWD is primary groundwater pumper and importer of water for Basin Camp Pendleton rights established by CWRMA Additional existing groundwater pumpers: Other Substantial Users WMWD Murrieta Division Pechanga Band Others with imported supplies: WMWD Murrieta Division Eastern MWD retail service area Elsinore Valley MWD portion of service area in Watershed

1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 Total Production (acre-feet) Total Production Rancho California Water District 1967 through 2013 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Water Year Groundwater Imported Supplies

1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 Total Production (acre-feet) Groundwater Production Murrieta-Temecula Groundwater Basin 1967 through 2013 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Water Year RCWD Other Substantial Users WMWD-Murrieta Division Pechanga

Other Parties Expected to Increase Groundwater Pumping Increased Coordination of Groundwater Management Pechanga Settlement Agreement is Forthcoming TAC to Conduct Groundwater Model Runs Requested by Watermaster Quantification of Safe Yield (in future) Quantification and Apportionment of Pumping Allocations (in future)

1882 Pechanga Reservation established 1882 O Neill purchased 200,000 acre Rancho Santa Margarita 1883 Towns of Temecula and Murrieta established 1904 Walter Vail buys 87,500 acre ranch 1924 Rancho Santa Margarita sued Vail Company 1940 Stipulated Judgment entered in Rancho Santa Margarita v. Vail Company 1942 U.S. condemned Rancho Santa Margarita to establish Camp Pendleton 1948 Vail Dam completed and Permit 7032 issued

1951 U.S. filed complaint in U.S. District Court to quiet title to water rights in Fallbrook Case 1966 Modified Final Judgment and Decree 1966 Rancho California Water District formed 1968 MOU between FPUD and Camp Pendleton 1968 Santa Rosa Ranches Water District formed 1975 MOU for Lake Skinner added to Decree 1977 RCWD consolidation 1989 Court appoints Watermaster and establishes Steering Committee 1989 RCWD and Camp Pendleton begin negotiations for water resources management agreement

1995 MOU for Diamond Valley Lake added to Decree 2002 CWRMA signed by parties on March 26, 2002 2002 CWRMA added to decree on August 20, 2002 2003 First full year of operation of CWRMA 2005 Lake Skinner MOU amended for FPUD change in point of diversion 2006 Wolf Valley Groundwater Management Agreement 2009 Permit 7032 amended to reflect current operations 2009 RCWD and Pechanga Band agree to Settlement Conceptual Agreement Current Pechanga Settlement pending