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HomeMy WebLinkAbout2016-04-13 - Agenda Packet Part 4 of 5 PC-HPCSTAFF REPORT Cucamonga Valley Water District Meeting Date: February 23, 2016 To: Board of Directors SUBJECT: Adopt Resolution 2016-2-6 Approving the Water Supply Assessment for Empire Lakes SUMMARY Purpose -- Approve of a Water Supply Assessment for Rancho Cucamonga Industrial Area Specific Plan (IASP) Sub -Area 18 (Empire Lakes). Recommendation - It is recommended that the Board of Directors adopt Resolution No.2016-2-6, a Resolution of the Board of Directors of the Cucamonga Valley Water District adopting the Water Supply Assessment for Rancho Cucamonga Industrial Area Specific Plan (IASP) Sub -Area 18 (Empire Lakes) Fiscal Impact — Previous Related Action -- Background There is no fiscal impact None SC Rancho Development Corp., an entity of Lewis Operating Corp, is in the process of redeveloping the Empire Lakes Golf Course located north of 4th Street, west of Milliken Avenue, east of Cleveland Avenue, and south of 8th Street and the BNSF/Metro-link rail line in the City of Rancho Cucamonga. The developer's plan is to redevelop the golf course to a mixed use project, which as proposed will be comprised of a combination of high density residential, commercial, and office uses in an "urban" setting. The Empire Lakes project site is approximately 160.4 acres and includes residential development for a maximum of 3,450 dwelling units. The Project also is proposed to include approximately 44 acres of landscaping, approximately 25,000 square feet for a transit area (which may potentially include convenience services such as day-care, caf6, and/or grocery EXHIBIT Y Item Y -759 February 23, 2016 Adopt Resolution 2016-2-6 Approving the Water Supply Assessment for Empire Lakes Paee 2 or 3 store) and 195,000 square feet of mixed use space (which may potentially include residential and/or commercial uses). Under Senate Bill 610, a Water Supply Assessment (WSA) is required for certain "projects" as defined in Water Code section 10912, including but not limited to a proposed residential development of more than 500 dwelling units. Among other things, a WSA evaluates whether the total projected water supplies available to the water supplier during normal, single -dry, and multiple -dry water years over the next 20-year projection are sufficient to meet the projected water demands of the proposed project, in addition to the water supplier's existing and planned future uses, including agricultural and manufacturing uses. Since the Empire Lakes project proposes to construct a maximum of 3,450 dwelling units, a WSA has been prepared to evaluate the water supply availability for the project. Discussion The WSA contains information and analyses from District's adopted 2010 Urban Water Management Plan (UWMP), the District's 2013 Water Supply Master Plan and other adopted UWMPs prepared by regional water agencies that provide water supplies within the Inland Empire. As noted above, the WSA also includes a description of the Project, water supply and demand projections and other relevant water resource information. The Empire Lakes Golf Course currently uses approximately 577 acre-feet per year (AFY) of recycled water and approximately 2.0 AFY of potable water. With the redevelopment of the site, it is estimated that the new irrigation/recycled water demand would drop to approximately 30 AFY and a total estimated potable water demand for the Project would increase to approximately 1,446 AFY. Staff has reviewed the WSA and concurs with its conclusion that the total projected water supplies available to the District during normal, single -dry, and multiple -dry water years over the next 20-year projection are sufficient to meet the projected water demands of the proposed Empire Lakes Project, in addition to the District's existing and planned future uses, including agricultural and manufacturing uses. Staff notes that the WSA has been prepared in accordance with the WSA statute (Water Code section 10910-10915) and not as a Written Verification under Government Code section 66473.7. As such, nothing in the WSA is intended to create a right or entitlement to water service or any specific level of water service, nor does the WSA impose, expand, or limit any duty concerning the obligation of the District to provide service to its existing customers or to any future potential customers. (See Water Code section 10914.) Nor does anything in the WSA prevent or otherwise interfere with the District's discretionary authority to declare a water shortage emergency in accordance with Water Code section 350 et seq. and to take any and all related actions authorized by law. The WSA is not a commitment to serve the proposed Project, but a review of the District's total projected water supplies based on information presently Item Y —760 February 23, 2016 Adopt Resolution 2016-2-6 Approving the Water Supply Assessment for Empire Lakes Page 3 or 3 available. The W SA and the analyses and conclusions therein are conditioned in part on the ability of MWD and IEUA to continue to supply imported water to meet the supplemental water needs of the region. Staff recommends that the Board of Directors adopt Resolution No. 2016-2-6, a Resolution of the Board of Directors of the Cucamonga Valley Water District adopting the Water Supply Assessment for Rancho Cucamonga Industrial Area Specific Plan (IASP) Sub -Area 18 (Empire Lakes). Respectfully submitted, i2J Bosler, P.E. ssistant General Manager/COO Prepared by, Bra en Yu, P.E. Planning and Development Manager Attachments: Resolution 2016-2-6 cc: Ap roved by: Martin E. Zvirbulis, P.E. General Manager/CEO WSA for Rancho Cucamonga Industrial Area Specific Plan Sub -Area 18 Item Y —761 RESOLUTION NO. 2016-2-6 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CUCAMONGA VALLEY WATER DISTRICT REGARDING THE ADOPTION OF A WATER SUPPLY ASSESSMENT FOR THE RANCHO CUCAMONGA INDUSTRIAL AREA SPECIFIC PLAN (IASP) SUB -AREA 18 (EMPIRE LAKES) WHEREAS, the Cucamonga Valley Water District (District) is a County Water District organized under Section 30000 et seq. of the California Water Code, wherein the District provides water supply and related services within its service area, which includes the City of Rancho Cucamonga, portions of the cities of Upland, Ontario and Fontana, and some unincorporated areas of San Bernardino County; and WHEREAS, the District is a "public water system" as defined by California Water Code section 10912(c) and Government Code section 66473.7(a)(3) and, accordingly, the District may receive requests from time to time to prepare a Water Supply Assessment pursuant to Water Code section 10910 et seq. (commonly referred to as SB 610) and/or a Written Verification pursuant to Government Code section 66473.7 (commonly referred to as SB 221) in connection with certain proposed development projects; and WHEREAS, the District received a request from the City of Rancho Cucamonga (City) for the District to adopt a Water Supply Assessment for the proposed Rancho Cucamonga Industrial Area Specific Plan (IASP) Sub -Area 18, Empire Lakes (the Project), where the City is the lead agency for the Project under the California Environmental Quality Act (CEQA) and the City is responsible for all land use decisions related to the Project; and WHEREAS, the Project is within the District's service area, and therefore the District would be the public water system to provide water service to the Project; and WHEREAS, pursuant to the City's request, a Water Supply Assessment has been prepared for the Project. NOW THEREFORE BE IT RESOLVED by the Board of Directors as follows: Section 1 Incorporation of Recitals. All of the foregoing Recitals are true and correct and the Board so finds and determines. The Recitals set forth above are incorporated herein and made an operative part of this Resolution. Section 2 Review and Approval of Water Supply Assessment. The Board has reviewed the Water Supply Assessment prepared for the aforementioned Project and, based on the requirements of Water Code section 10910 et seq., the Board hereby approves the Water Supply Assessment for the Project, a copy of which Water Supply Assessment is attached hereto as Attachment "A" and incorporated herein by reference. Section 3 CEOA. The Board finds in accordance with Water Code section 10910(g) and Water Code section 10911(b)-(c) that the Board's adoption of a Water Supply Assessment is not subject to review by the District under the California Environmental Quality Act. 04342.00002\24471968.1 -1- Item Y —762 RESOLUTION NO.2016-2-6 Section 4 Limitations of Water Supply Assessment. The Board finds in accordance with Water Code section 10914(a)-(b) and other applicable laws, rules, regulations, and policies that the Water Supply Assessment adopted herein for the above -reference Project does not create a right or entitlement to water service or any specific level of water service for the Project, the Project applicant, the City, or any other party or entity, and does not impose, expand, or limit any duty concerning the obligation of the District to provide certain service to its existing customers or to any future potential customers. PASSED AND ADOPTED this 23 day of February, 2016. ATTEST: Ca*p_ '_ -� 4GY_ Martin E. Zvirbulis Secretary 04342.00002124471968.1 -2- Item Y —763 FINAL Water Supply Assessment For The Industrial Area Specific Plan (IASP) Sub Area 18 (Empire Lakes) Specific Plan Amendment Project City of Rancho Cucamonga, California Prepared For SC Rancho Development Corp. October 16, 2015 PREPARED BY STETSON ENCINEERS INC. STETSON ENGINEERS INC. San Rafael and Covina, California Mesa, Arizona Denver, Colorado -I- Item Y —764 TABLE OF CONTENTS EXECUTIVESUMMARY.........................................................................................................................................4 1 INTRODUCTION..............................................................................................................................................6 1.1 CVWD WATER SERVICE ....................................................................................................................6 1.2 WATER SUPPLY PLANNING PROVISIONS.............................................................................................6 1.2.1 _ California Water Code (Sections 10910-10915).............................................................................. 8 1.2.2 Government Code 66473.7.............................................................................................................. 9 2 CVWD'SWATER DEMANDS .................................. ........ ...................................................... I ...... I ....... ....... 10 2.1 HISTORIC WATER DEMANDS..............................................................................................................10 2.2 PROJECTED WATER DEMANDS...........................................................................................................11 3 WATER SUPPLY SOURCES ..................................... ............... .................................. ................. ........... I ..... is 3.1 CHINOBASIN ..................................................................................................................................... 17 3.1.1 Chino Basin Reliability ...................................................................................................................21 3.2 CUCAMONGABASIN...........................................................................................................................22 3.2.1 Cucamonga Basin Reliability .........................................................................................................23 3.3 TUNNEL WATER SOURCES.................................................................................................................23 3.3.1 Reliability of Tunnel Water Sources...............................................................................................26 3.4 INLAND EMPIRE UTILITIES AGENCY...................................................................................................27 3.4.1 SWP Water Reliability ..................................... .................... _......................... . ............................ -35 3.4.2 Metropolitan Water District of Southern California......................................................................37 3.4.3 Recycled Water Reliability..............................................................................................................41 4 FUTURE SUPPLY...........................................................................................................................................42 -2- Item Y —765 LIST OF FIGURES Figure 1 CVWD Service Area Map Figure 2 Project Location Figure 3 CVWD Service Area within the Cucamonga and Chino Basins Figure 4 Recycled Water Users LIST OF APPENDICES Appendix A Chino Basin Judgement Appendix B Cucamonga Basin Judgement -3- Item Y —766 Executive Summary This Water Supply Assessment (WSA) evaluates the water supply availability for the "Rancho Cucamonga Industrial Area Specific Plan ([ASP) Sub -Area 18 (Empire Lakes) Specific Plan Amendment Project" (Project), also referred to as the Empire Lakes Specific Plan Project, pursuant to the requirements of the California Water Code and the Government Code. The WSA contains information from Cucamonga Valley Water District's (CVWD) adopted 2010 Urban Water Management Plan (UWMP), CVWD's 2013 Water Supply Master Plan (Master Plan) and other adopted UWMPs prepared by regional water agencies within the Inland Empire. The WSA also includes a description of the Project, water supply and demand projections and other relevant water resource information. The Project will be served water by CVWD. The anticipated completion of the Project is within the 20-year planning period addressed in CVWD's adopted 2010 UWMP. The estimated total potable water demand for the Project is approximately 1,446 acre- feet per year (AFY), and the estimated total non -potable water demand for the Project is approximately 30 AFY. The net increase in the Project's estimated potable and non - potable water demands have been added to future potable and non -potable water demands accounted for in CVWD's adopted 2010 UWMP and 2013 Master Plan over a 20 year period through 2035, as shown in Tables 14 through 19. The present and future water supplies available to CVWD to provide water service to the Project include imported water from the State Water Project (SWP) through the Inland Empire Utilities Agency (IEUA), groundwater from the Chino Basin and the Cucamonga Basin, local surface water from tunnel sources, and recycled water through the IEUA. The Chino Basin has enhanced reliability during drought and is CVWD's most reliable source of water supply. The Chino Basin Watermaster and its technical staff ensure long- term reliability of water supplies from the Chino Basin. The Watermaster, under the direct supervision of the San Bernardino County Superior Court, manages basin water supplies, -4- Item Y —767 arranges for local and supplemental groundwater recharge and implements and administers the Chino Basin physical solution as prescribed in the governing Superior Court groundwater pumping rights adjudication (the "Chino Basin Judgment"). The Chino Basin Watermaster's groundwater management responsibilities are closely coordinated with IEUA water management goals and implementation of strategies. IEUA's role as a _regional water wholesaler includes. delivery of supplemental untreated imported water from the Metropolitan Water District of Southern California (MWD) to water purveyors like CVWD, and to the Chino Basin Watermaster for groundwater recharge, exchange, groundwater banking, and conjunctive use programs, as well as delivery of recycled water. IEUA has also analyzed future water demands and water supplies within its service area, which includes most of CVWD's service area, and concluded sufficient water supplies will be available for the next twenty years, including during single and multiple dry years. This WSA analyzes and evaluates CVWD's historical water supplies, water rights, current UWMPs developed by CVWD, IEUA, and MWD, and the historical and future availability of SWP water. The analysis and evaluation presented in this WSA shows that CVWD's available water supplies will be sufficient to meet all of the water demands of the entire Project for the next twenty years through 2035, including during single and multiple dry years. -5- Item Y —768 I Introduction This WSA incorporates water supply and demand projections from CVWD's 2013 Water Supply Master Plan (2013 Master Plan), CVWD's adopted 2010 UWMP and other adopted UWMPs prepared by regional water agencies. According to the Rancho Cucamonga IASP Sub -Area 18 Specific Plan March 26, 2015 Draft Revision (Specific Plan), the Project site is located west of Milliken Avenue and is bounded by Fourth Street to the south, the Metrolink transit station to the north, and Cleveland Avenue to the west in the City of Rancho Cucamonga. The Project site is currently occupied by the Empire Lakes Golf Course. The Specific Plan allows mixed use development the site. The Project includes medium to high density residential, mixed use, open space, and transit oriented land uses. The Project is located within CVWD's service area (See Figures 1 and 2). CVWD has notified the Project developer that CVWD is ready, willing, and able to provide, and will provide, all water utility service to the Project. Project water demands and CVWD's long-term water supplies are discussed below. 1.1 CVWD Water Service. CVWD provides public utility water service within its service area which includes portions of the cities of Rancho Cucamonga, Upland, Ontario and Fontana, and unincorporated areas of San Bernardino County (See Figure 1). CVWD's service area is approximately 47 square miles. CVWD's 2013 Master Plan indicates CVWD currently provides water service to a population of approximately 190,000. 1.2 Water Supply Planning Provisions Population growth in the State of California has resulted in additional water demand on water systems. The State legislature has enacted laws to ensure the increased demands are adequately addressed and that a firm source of water supply is available prior to approval of certain new developments. The regulations include California Water Code Division 6, Part 2.10, Sections 10910-10915 (Water Supply Planning to Support Existing and Planned Future Use) and Government Code 66473.7, which are briefly described Ili Item Y —769 below. These provisions of the California Water Code and the Government Code seek to promote more collaborative planning between local water suppliers and cities and counties and require detailed information regarding water availability to be provided to city and county land use planners prior to approval of certain specified large land use development projects. This W .SA was prepared pursuant to -the requirements of the California Water Code and the Government Code for the approach, required information, and criteria confirming CVWD has sufficient water supplies to meet the projected demands of the Project, in addition to existing and planned future uses. The UWMP is a foundational document for compliance with the California Water Code and the Government Code. The provisions of the California Water Code and the Government Code repeatedly identify the UWMP as a planning document which can be used by a water supplier to meet the standards set forth in both statutes. The lead agency for the preparation of an Environmental Impact Report (EIR) for a proposed project, is required under California Environmental Quality Act (CEQA) guidelines Article 7 and Article 9, to consult with the water agency serving a proposed project and to include in the EIR information provided by the water agency. The lead agency must determine whether projected water supplies are sufficient to meet the demand of a project, in addition to existing and planned future water uses. CVWD's 2010 UWMP (June 2011), Metropolitan Water District of Southern California's 2010 Regional UWMP (November 2010), and Inland Empire Utility Agency's 2010 UWMP (June 2011), all prepared pursuant to California Water Code'Division 6, Part 2.55, Section 10608 (Sustainable Water Use and Demand Reduction) and California Water Code Division 6, Part 2.6, Sections 10608-10656 (Urban Water Management Planning), describe future water demands and future availability of the water supply sources used by CVWD and other retail water agencies operating within the Chino Basin and the Cucamonga Basin. These UWMP documents were used to prepare this WSA. -7- Item Y —770 1.2.1 California Water Code (Sections 10910-10915) California Water Code Division 6, Part 2.6, Section 10631, requires every urban water supplier to identify, as part of its UWMP, the existing and planned sources of water available to the supplier in five-year increments to 20 years. Existing law prohibits an urban water supplier which fails to prepare or submit its UWMP to the Department of Water Resources from receiving financial or drought assistance from the state until the plan is submitted. California Water Code Division 6, Part 2.10, Sections 10910-10915 requires a Water Supply Assessment to provide a description of all water supply projects and programs which may be undertaken to meet total projected water use over the next 20 years, included with the proposed project. The California Water Code requires a city or county which determines a project is subject to the California Environmental Quality Act to identify any public water system which may supply water for proposed developments and to request those public water systems to prepare a specific WSA, including for proposed residential projects of more than 500 dwelling units. If the water demands for the proposed developments have been accounted for in a recently adopted urban water management plan, the water supplier may incorporate information contained in that plan to satisfy certain requirements of a WSA. The California Water Code requires the assessment to include, along with other information, an identification of existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project and the quantities of water received in prior years pursuant to those entitlements, rights, and contracts. The California Water Code also requires the public water system, or the city or county, as applicable, to submit its plans for acquiring additional water supplies if that entity concludes water supplies are, or will be, insufficient. 91 Item Y —771 1.2.2 Government Code 66473.7 Government Code 66473.7 prohibits approval of a tentative map, or a parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwelling units, except as specified, including the design of the subdivision or the type of improvement, unless the legislative body of a city or county or the designated advisory agency provides written verification from the applicable public water system that a sufficient water supply is available or, in addition, a specified finding is made by the local agency that sufficient water supplies are, or will be, available prior to completion of the project. Sufficient water supply is the total water supply available during normal, single -dry, and multiple -dry years within a 20-year projection which will meet the projected demand of the Project, in addition to existing and planned future water uses. in Item Y —772 2 CVWD's Water Demands - 2.1 Historic Water Demands Table 1 provides CVWD's historical water demands. CVWD's total water demands have ranged from 41,795 AFY to 61,036 AFY, with an average demand of approximately 51,274 AFY. Table 1. CVWD's Historical Water Demands (AFY) Calendar Total Demand Year 19951 44,193 19961 41,795 1997 46,528 1998 41,864 1999 49,409 2000 50,717 2001 48,063 2002 52,409 2003 61,899 2004 54,826 2005 55.933 2006 57,976 2007 61,036 2008 57,496 2009 54,821 2010 48,001 2011 49,844 2012 52,180 2013 52,549 2014 53,937 Average 51,274 Source: CVWD (1) Fiscal Years 1994-95 and 1995-96 -10- Item Y -773 2.2 Proiected Water Demands Projected water demands for the Project include commercial (restaurant), recreational, residential and landscape irrigation demands. The Project is estimated to include approximately 25,000 square feet for a transit area (which may potentially include convenience services such as day-care, cafe, and/or grocery store) and 195,000 square feet of mixed -use space (which may potentially include residential and/or -commercial uses). The Project also includes several residential areas identified as: "Urban Neighborhood", a high density residential development (24 to 80 dwelling units (DU) per acre): "Core Living", a medium -high density residential development (18 to 35 DU per acre): and "Village Neighborhood", a medium density residential development (14 to 28 DU per acre) for a maximum of 3,450 DU. The Project will include approximately 44 acres of landscaping, as specified in the Mater Plan of Recycled Water for the Rancho Cucamonga. Industrial Area Specific Plan Sub -Area 18 Specific Plan Amendment (Recycled Water Master Plan). The total Project site is approximately 160.4 acres. The projected water demand for the transit area and mixed use space was conservatively estimated by multiplying the planned building floor area (25,000 square feet of transit area + 195,000 square feet of mixed use space) of the building space by a restaurant water use rate of 1,000 gallons per day (gpd) per 1,000 square feet (sf)1. The estimated water demand for the transit area and mixed use space is approximately 246 AFY (or 220,000 sf x 1,000 gpd per 1,000 sf x (0.00112 AFY / 1 gpd)). The exact nature of recreational facilities is unknown, therefore the projected water demand for the recreational areas was conservatively estimated by multiplying the full planning area (291,852 square feet)2 by a park water use rate of 100 gpd per 1,000 sf3. The estimated water demand for the recreational areas is approximately 33 AFY (or 291,852 sf x 100 gpd per 1,000 sf x (0.00112 AFY / 1 gpd)). I Water use factor provided in the Master Plan of Water for the Rancho Cucamonga Industrial Area Specific Plan Sub -Area 18 Speck Plan Amendment 2 Park/recreational area of 291,852 SF provided in the Water Master Plan dated February 2014. The Water Master Plan has since been updated and the park/recreational area has been revised to 283,140 SF (not Incorporated in this WSA), which would reduce the potable demand (beginning in 2025) by 1 AF. ' Water use factor provided in the Master Plan of Water for the Rancho Cucamonga Industrial Area Specific Plan Sub -Area 18 Speck Plan Amendment -11- Item Y —774 The projected residential water demand was estimated by multiplying the maximum number of DUs (3,450) by a single water use rate of 302 gpd per DU obtained from the Master Plan of Water for the Rancho Cucamonga Industrial Area Specific Plan Sub -Area 18 Specific Plan Amendment (Master Plan of Water). The residential water use rate was based on the unit water demand from CVWD's 2010 UWMP of 252 gallons per capita per dwelling unit, less 60 percent for outdoor irrigation (which is assumed to be met with recycled water), multiplied by 2.99 persons per dwelling unit (per the 2010 US Census) for a residential water use rate of 302 gallons per dwelling unit per day (252 gallons per capita per dwelling unit x 0.4 x 2.99 persons per dwelling unit). The estimated residential water demand is approximately 1,167 AFY (or 3,450 DU x 302 gpd per DU x (0.00112 AFY/ 1 gpd)). According to the Specific Plan, recycled water will be used for irrigation of common area landscaping including the landscaped areas around multifamily residential properties. In addition, residential areas will have 20 percent landscape coverage. The Project landscape irrigation water demand was estimated utilizing an irrigation factor of 603 gpd per acre, as provided in the Recycled Water Master Plan. The irrigation factor was estimated by the landscape architect for the Project, Urban Arena. The estimated irrigation water demand for the Project4s approximately 30 AFY (or 43.7 acres x 603 gpd per acre x (0.00112 AFY / 1 gpd)), which will be met with recycled water. The total estimated potable water demand for the Project is approximately 1,446 AFY and the total estimated recycled water demand for the Project is approximately 30 AFY. CVWD's 2010 UWMP includes current and projected future water demands for its service area up to calendar year 2035. According to information,provided by CVWD, the existing potable water use at the Project site (for the Empire Lakes Golf Course) for calendar year 2014 was approximately 2 AF and the existing recycled water use was, 577 AF. The Project will replace the existing potable water use (2 AFY) at the Project site (Empire Lakes Golf Course). In addition, it is assumed that a portion (30 AFY) of the existing recycled water usage at the Project site (for Empire Lakes) will offset the planned recycled -12- Item Y —775 water usage at the Project site. As a result, the Project will result in a net potable water demand increase of 1,444 AFY (or 1,446 AFY - 2 AFY), above the existing water demands at the Project site, and a net non -potable water demand decrease of 547 AFY (30 AFY — 577 AFY). Table 2 summarizes the projected water demands through 2035 for CVWD's service area including the demands from the Project. According to the current phasing plan, Project construction will begin in 2017 and will be completed by 2023. -13- Item Y —776 Table 2. Projected Water Use Demands for CVWD, Including Project (AFY) YEAR 2015 2020 2025 2030 2035 POTABLE WATER DEMANDS CVWD's Projected Potable Water Demandsl 56,200 54,700 56,300 58,100 59,900 Net Increase in Potable Water Demands 0 721 1,444 1,444 1,444 Additional Potable Water Demands (Proiectl3 Recreational` 0 16 33 33 33 Mixed Use 0 123. 246 246 246 Residential 0 584 1,167 1,167 1,167 Total Additional Potable Water Demands 0 723 1,446 1,446 1,446 Less Empire Lakes Potable Water Demands - (2) (2) (2) (2) Total CVWD Projected Potable Water Demands 56,200 55,421 57,744 59,544 61,344 NON -POTABLE WATER DEMANDS CVWD's Projected Non -Potable Water Demands 1,400 1,600 1,800 2,000 2,000 Net Increase in Non -Potable Water Demandse 0 (562) (547) (547) (547) Additional Non -Potable Water Demand (Protect)' Irrigation 0 15 30 30 30 Total Additional Recycled Water Demands 0 15 30 30 30 Less Empire Lakes Non -Potable Water Demands (577) (577) (577) (577) Total CVWD Projected Non -Potable Water 1,400 1,038 1,253 1,453 1,453 Demands 1) UWMP demands from Table 3-2 less non -potable demands. 2) Additional potable water demands from Project less existing Empire Lakes potable water demands. 3) Water demands Increased linearly based on construction beginning 2017 and ending 2023. 4) Park/recreational area of 291,852 SF provided in the Water Master Plan dated February 2014. The Water Master Plan has since been updated and the park/recreational area has been revised to 283,140 SF (not Incorporated in this WSA), which would reduce the potable demand (beginning in 2025) by 1 AF. 5) From 2013 Master Plan. 6) Additional non -potable water demands from Project less existing Empire Lakes non -potable water demands. Item Y -777 3 Water Sunnly Sources CVWD's 2010 UWMP provides information regarding its water supply sources. CVWD's potable water supply sources include groundwater from the Chino Basin and the Cucamonga Basin, surface water from three (3) tunnel sources, and imported water purchased from IEUA. In addition, CVWD has the ability to receive potable water during emergencies from the Fontana Water Company (two interconnections) and the City of Upland (one interconnection). CVWD currently operates 11 active groundwater wells in the Chino Basin. CVWD plans to continue operating these wells and will construct replacement wells as necessary to maintain water production capacities required to meet customer demands. CVWD frequently inspects each well and performs routine maintenance and rehabilitation to ensure each well is running efficiently and properly. According to the 2013 Master Plan, CVWD's total pumping capacity in the Chino Basin is approximately 25,100 gallons per minute (gpm). Based on a well operating factor of 75 percent (groundwater wells are operated 75 percent of the time), the total pumping capacity is approximately 30,400 AFY (or 25,100 gpm x 0.75 x 1.613 AFY per gpm). In addition, CVWD staff have indicated they are currently in the bidding process for construction of a new production well in the Chino Basin to increase production capacity. CVWD has 17 wells located in the Cucamonga Basin, eight of which are active. The remaining wells are not utilized due to high nitrate concentrations. According to CVWD staff and the 2013 Water Master Plan, the eight active wells have a production capacity of 9,546 gpm. Based on a well operating factor of 75 percent (groundwater wells are operated 75 percent of the time), the total pumping capacity for active wells is approximately 11,548 AFY (or 9,546 gpm x 0.75 x 1.613 AFY per gpm). CVWD has several canyon water sources ("tunnel" sources) including Cucamonga Canyon, Day/East Canyon, and Deer Canyon. Water supplies from tunnel sources are dependent on precipitation, therefore, according to the 2013 Master Plan, tunnel supplies -15- Item Y —778 were projected based on above average hydrologic conditions and below average hydrologic conditions. The Cucamonga Canyon water supply was assumed to be 1,000 AFY during years with above average hydrologic conditions and 500 AFY during years with below average hydrologic conditions. The Day/East Canyon water supply was assumed to be 3,400 AFY during years with above average hydrologic conditions and 1,700 AFY during years with below average hydrologic conditions. The Deer Canyon water supply was assumed to be 140 AFY during years with above average hydrologic conditions and 70 AFY during years with below average hydrologic.conditions. Projected total tunnel water supplies are 4,540 AFY (1,000 AFY + 3,400 AFY + 140 AFY) for years with above average hydrologic conditions and 2,270 AFY (500 AFY + 1,700 AFY + 70 AFY) for years with below average hydrologic conditions. Imported water purchased through IEUA, which is a Metropolitan Water District of Southern California (MWD) member agency, is currently CVWD's primary source of water supply. CVWD has connections through the IEUA with untreated State Water Project (SWP) water and Colorado River water, however Colorado River water is not utilized by CVWD due to water quality issues. CVWD may purchase as much untreated imported SWP water as it needs. Under normal conditions, CVWD has a Tier 1 allocation of imported water from MWD equal to the historical average of CVWD's total imported water purchased over a 10 year period. CVWD's current Tier 1 allocation is 28,369 AFY. Any water purchased by CVWD over the Tier 1 allocation is charged at a higher rate (Tier 2). CVWD's water system includes disinfection facilities and three treatment facilities to treat imported water from the SWP and water from the Cucamonga Canyon and Day/East Canyon tunnel sources (which are considered to be surface water). These treatment facilities allow CVWD to provide potable water which complies with all state and federal safe drinking water regulations. As shown in Table 2, CVWD's projected potable water demands in the year 2035, including Project water demands, are approximately 61,344 AF. CVWD's groundwater production capacity of approximately 41,950 AFY from the Chino and Cucamonga -16- Item Y —779 Basins, projected tunnel production of 4,540 AFY (assuming average hydrologic conditions) and projected imported water supply of 28,369 AFY provide a total projected potable water supply capacity of 74,859 AFY, which is sufficient to meet future projected potable water demands within its system, including demands from the Project. 3.1 Chino Basin The Chino Basin is CVWD's largest and most reliable groundwater source. CVWD's historical production from the Chino Basin averaged approximately 13,423 AFY, as shown in Table 3, which in most years accounts for 26 percent of CVWD's water supply The Chino Basin, in San Bernardino County, is the largest groundwater basin in the Upper Santa Ana River Watershed. The Chino Basin is bounded by the Rialto -Colton, Chino, San Jose, and Cucamonga faults, and by the Puente Hills and the San Gabriel Mountains. The total surface area of the basin is approximately 164,000 acres (240 square miles). CVWD's service area within the Chino Basin is shown in Figure 3. The Chino Basin currently has over five million AF of water in storage, with an additional unused storage capacity,, based on historical water levels in the basin, of about one million AF. Over the ten year period from fiscal year 2002-03 through 2011-124, total groundwater production from the basin has ranged from approximately 113,700 AFY to 181,700 AFY. A majority of production is pumped for municipal and industrial purposes and the remaining production is pumped by agricultural producers. The Chino Basin was adjudicated under the Chino Basin Judgment, entered on January 27, 1978 by the Superior Court for the County of San Bernardino (included as Appendix A). CVWD is a party to the Chino Basin Judgment and is classified as an appropriator. The Chino Basin Judgment established an average Safe Yield in the Chino Basin of 140,000 AFY (the Chino Basin Watermaster is currently in the process of recalculating the Safe Yield, however, it is assumed that if the Safe Yield is reduced the difference to < From Chino Basin Watermaster mbsite. Production is available from annual reports through fiscal year 2011-12. -17- Item Y —780 CVWD will be made up with unproduced agricultural rights). The Safe Yield is defined in the Chino Basin Judgment as "the long-term average annual quantity of ground water (excluding replenishment of stored water but including return flow to the Basin from use of replenishment or stored water) which can be produced from the Chino Basin under conditions of a particular year without causing an undesirable result." The 1978 Chino Basin Judgment's allocation of the Safe Yield of the Chino Basin includes three separate Pools: the "Overlying Agricultural Pool", the "Overlying Non -Agricultural Pool", and the "Appropriative Pool". CVWD's appropriative rights together with those of Etiwanda Water Company (acquired by CVWD in 1986) and Fontana Union (of which CVWD is a principal shareholder) amount to an 18.258 percent share of the Operating Safe Yield, or 10,011.190 AFY. Appropriators who are parties to the Chino Basin Judgment, such as CVWD, are authorized to produce groundwater in excess of their rights. Appropriators pay assessments for such production to the Chino Basin Watermaster. The assessments are used to replenish the basin through imported surface water recharge. The Chino Basin Watermaster purchases water to replenish the Chino Basin from MWD through IEUA. Additional supplemental sources of replenishment water come from recycled water and from increased recharge of local storm water. Reliability of water purchased from IEUA to replenish the Chino Basin is discussed in Section 3.4. In addition, the Chino Basin Watermaster reallocates the unused portion of the Chino Basin Safe Yield from the Overlying Agricultural Pool to the Appropriative Pool members as a supplement to the Appropriative Pool share of Operating Safe Yield rights in any year. These transfers are permanent if agricultural land has been converted to non- agricultural use, or temporary if agricultural pool extractions are less than their share of the safe yield. Watermaster historically reallocates a portion of the Agricultural Pool which was not used during the previous year, which is known as an "Early Agricultural Transfer." CVWD typically receives about 5,989 AFY of the Early Agricultural Transfer. Permanent transfers from the Agricultural Pool are known as "Land Use Conversions" CVWD currently has about 598 AFY of permanent "Land Use Conversion" rights. As agricultural so Item Y —781 production declines within the Chino Basin, Early Agricultural Transfer and Land Use Conversion rights will increase. The Chino Basin is managed under the Peace Agreement of the Optimum Basin Management Plan, which was reached in 2000 and establishes goals for operation of the Basin. The Peace Agreement was amended in 2007 through the Peace II Settlement, and now requires the Chino Basin Watermaster to recharge 6,500 AFY of supplemental water, regardless of existing replenishment obligations. The terms of the Peace II Settlement currently run through June 30, 2030. The Chino Basin Watermaster allocates a portion of the recharged water to Producers based on their share of the Operating Safe Yield. CVWD's share of the water recharged under the Peace II Settlement is 602.514 AFY, which is assumed to be available to June 30, 2030. In addition, the Peace II Settlement provides for water to be utilized for Chino Desalter Authority (CDA) replenishment. The CDA has two desalters and several wells in the Chino Basin which produce about 29,000 AFY and require replenishment to the Chino Basin. The CDA is not a party to the Chino Basin Judgement, therefore, through provisions of the Peace II Settlement, Chino Basin Producers must collectively meet the replenishment obligation for the CDA. According to the 2013 Master Plan, CVWD's replenishment obligation ranges from 3,000 AFY to 5,500 AFY through 2030. CVWD may be assessed monetarily by the Chino Basin Watermaster or may transfer water from its Chino Basin storage account to meet the replenishment obligation. In 2003, IEUA, Three Valleys Municipal Water District, Chino Basin Watermaster, and MWD developed a Dry -Year Yield Program to plan for dry year conditions. As a part of the Dry -Year Yield Program, MWD provided funds to Producers within the Chino Basin, including CVWD, to construct additional groundwater supply wells. In exchange, the participating Producers agreed to shift their water supply from imported water supplied by MWD to Chino Basin groundwater production when requested by MWD. According to the CVWD 2010 UWMP, CVWD constructed five groundwater supply wells in the Chino Basin under the Dry -Year Yield Program with a combined capacity of 15,720 AFY. MWD stored 100,000 AF in the Chino Basin to be utilized by the participating Producers when called -19- Item Y —782 upon by MWD. According to the Chino Basin Watermaster 33rd Annual Report, MWD had called upon all 100,000 AF stored in the Chino Basin under the Dry Year Yield Program as of April 30, 2011. Consequently, it is assumed there'will be no water in the Dry Year Yield Program when estimating future water supplies from the Chino Basin. In addition, groundwater production through the Dry Year Yield Program is categorized as imported water according to the CVWD 2010 UWMP, therefore historical groundwater supplies from the Chino Basin are not projected to be impacted. CVWD's total production rights include its Operating Safe Yield allocation (approximately 10,012 AFY), unproduced agricultural pool water rights allocation [Early Agricultural Transfer (5,989 AFY) and Land Use Conversions (598 AFY)], new yield allocation (storm water recharge, assumed to be 0 AFY), Peace II Settlement allocation (602.514 AFY through 2030), recycled water recharge allocation (4,200 AFY), and any purchases from other producers made during the year (assumed to be 0 AFY). CVWD's projected rights from the Chino Basin through 2030 total approximately 21,400 AFY (10,012 AFY + 5,989 AFY + 598 AFY + 603 AFY + 4,200 AFY). CVWD's projected rights from the Chino Basin after 2030 total approximately 20,800 AFY (10,012 AFY + 5,989 AFY + 598 AFY + 4,200 AFY). CVWD staff have indicated they intend to increase groundwater storage within the Chino Basin to be utilized during future single and multiple dry years. Consequently, CVWD staff have provided conservative Chino Basin supply estimates (Chino Basin rights which exceed conservative projected supplies will be utilized to maintain storage within the Chino Basin) of 18,036 AFY, 10,926 AFY, 11,862 AFY, 12,033 AFY, and 17,456 AFY for calendar years 2015, 2020, 2025, 2030, and 2035, respectively. These projected Chino Basin supplies will be used for the purposes of this WSA. As previously indicated, CVWD maintains a groundwater storage account within the Chino Basin pursuant to the Chino Basin Judgment. CVWD currently has approximately 62,000 AF of water in its storage account. CVWD plans to add approximately 34,000 AF of additional water (in addition to 2 percent storage losses and annual withdrawals to meet CDA replenishment obligations) into its storage account over the next 20 years for use during single and multiple dry years, if needed. -20- Item Y —783 3.1.1 Chino Basin Reliability As previously discussed, CVWD's average annual production from the Chino Basin from 1997 to 2014 was approximately 13,423 AFY and the capacity of CVWD's active production wells in the Chino Basin total approximately 30,400 AFY. During the most recent five years, CVWD's annual production ranged from approximately 13,626 AFY to 19,831 AFY. The Chino Basin Judgment authorizes CVWD to produce all the water it requires from the Chino Basin for beneficial use by CVWD's customers, subject to replenishment requirements, and more than ample water is present in the Chino Basin to allow CVWD to do so. CVWD will construct additional wells and associated infrastructure in the Chino Basin to match additional water supply with additional water demands from growth in the number of customers. CVWD active wells located in the Chino Basin have not been impacted by water quality issues, however CVWD has the necessary technical and financial resources available to allow CVWD to quickly respond to assure continuity and reliability of water service if any such water quality incidents occur. -21- Item Y —784 Table 3. CVWD's Groundwater Production (AFY) Calendar Year Chino Basin Cucamonga Basin Total Demand 19951 NA NA 20,463 19961 NA NA 22,351 1997 7,764.0 13,492.0 21,256 1998 6,101.0 9,764.0 14,865 1999 7,737.0 13,661.0 21,398 2000 6,196.0 10,642.0 16,837 2001 6,899.0 6,604.0 13,503 2002 10,580.0 6,719.0 17,299 2003 10,020.0 5,051.0 15,071 2004 12,582.0 6,714.0 19,296 2005 13,328.0 7,518.0 20,846 2006 16,814.0 6.497.0 23,311 2007 16,782.0 5,019.0 21,801 2008 19,232.0 4,450.0 23,682 2009 22,271.0 7,630.0 29,901 2010 19,831.0 3,848.0 23,679 2011 19,380.0 3,645.0 23,025 2012 15,041.0 6,028.0 21,069 2013 18,437.0 6,523.0 24,960 2014 13,626.0 10,724.0 24,350 Average 13,423 7,474 20,948 Source: cvbVD (1) Fiscal Years 1994-95 and 1995-96 3.2 Cucamonaa Basin The Cucamonga Basin is CVWD's second groundwater source. CVWD's historical production from the Cucamonga Basin averaged approximately 7,474 AFY, as shown in Table 3, which in most years accounts for about 15 percent of CVWD's total water supply. The Cucamonga Basin is bounded by the San Gabriel Mountains and the Cucamonga fault to the north and by the Red Hill fault to the west, south and east. (See Figure 1). The 1958 Cucamonga Basin Judgement adjudicated groundwater rights within the Cucamonga Basin to 24 stipulating parties, which today consist of CVWD, San Antonio Water Company (SAWC), and West End Consolidated Water Company (WEC). -22- Item Y —785 Pursuant to the Cucamonga Basin Judgment (included as Appendix B), CVWD has a right to produce 15,471 AFY (68.1 percent of total rights) from the Cucamonga Basin. In addition, CVWD has 3,620 AFY of diversion rights to Cucamonga Creek. CVWD's total production rights to the Cucamonga Basin are 19,071 AFY. There are currently discussions underway regarding revisions to the management of the Cucamonga Basin to update the Judgment and establish an Operating Safe Yield. According to the 2013 Master Plan, the proposed Operating Safe Yield may likely range from 14,000 AFY to 16,000 AFY, resulting in a total production right of approximately 10,500 AFY for CVWD (based on a 68.1 percent share of the proposed Operating Safe Yield). For the purposes of this WSA, a projected supply of 10,000 AFY from the Cucamonga Basin has been used for CVWD based on CVWD staff projections. 3.2.1 Cucamonga Basin Reliability CVWD's average annual production from the Cucamonga Basin from 1997 to 2014 was approximately 7,474 AFY. As discussed previously, the capacity of CVWD's active production wells in the Cucamonga Basin totals approximately 11,548 AFY. During the most recent five years, CVWD's annual production ranged from approximately 3,645 AFY to 10,724 AFY. Although CVWD has rights to produce additional groundwater from the Cucamonga Basin, CVWD has reduced its annual groundwater production in anticipation of a reduced Operating Safe Yield. Overall basin production currently is less than the estimated sustainable safe yield. Therefore, under current conditions, the Cucamonga Basin may be assumed to be a reliable source of supply. 3.3 Tunnel Water Sources Tunnel water sources provide about 10 percent of CVWD's water supply. During the last 20 years, CVWD's total production from tunnel water sources averaged approximately 4,878 AFY, as shown in Table 4. -23- Item Y —786 CVWD has several tunnel water sources which originate in the canyons of the San Gabriel Mountains. These tunnel water sources come from streams, springs and tunnels in the Cucamonga Canyon, Deer Canyon and Day/East Canyon of the San Gabriel Mountains. (CVWD also has water rights to three (3) additional tunnel water sources including Smith Canyon, Lytle Creek, and Golf Course Tunnel. These tunnel water sources are not currently utilized by CVWD due to age and distance of the facilities from CVWD's service area and will conservatively not be included in this WSA as projected water supply sources.) Cucamonga Canyon CVWD acquired the loamosa Water Company in the 1970s along with the loamosa Tunnel. CVWD's Cucamonga Canyon facilities are located in an unincorporated area of western San Bernardino County, north of the City of Rancho Cucamonga and include two diversion ponds and a 24-inch diameter 3,300 foot transmission pipeline which conveys the surface water from the Cucamonga Canyon to the Arthur H. Bridge Water Treatment Plant (ABWTP). CVWD has rights to 250 miner's inches of runoff in Cucamonga Creek, or approximately 3.24 million gallons per day (mgd). CVWD's Cucamonga Canyon transmission pipeline was destroyed after the Station Fire by subsequent flooding and water was not diverted between December 2003 and February 2007. Water supplies from tunnel sources are dependent on precipitation, therefore, according to the 2013 Master Plan, tunnel supplies were projected' based on above average hydrologic conditions and below average hydrologic conditions. The Cucamonga Canyon water supply was assumed to be 1,000 AFY during years with above average hydrologic conditions and 500 AFY during years with below average hydrologic conditions. Day/East Canyon CVWD acquired the Etiwanda Water Company in 1979 along with the surface water rights to the Day and East Canyons (2013 Master Plan). Day Canyon is located northwest of Etiwanda Avenue and East Canyon is located northeast of Etiwanda Avenue. CVWD's Day/East Canyon facilities include the Day Basin, East Basin, Smith Tunnel, "Bee" -24- Item Y —787 Tunnel, and transmission pipelines which convey surface water from the Day/East Canyons to either the Royer -Nesbit Water Treatment Plant (Royer -Nesbit WTP) or the Lloyd Michael Water Treatment Plant (Lloyd Michael WTP). CVWD's rights to the Day/East Canyon are appropriative and include all subsurface and surface flows through the canyon. According to the 2013 Master Plan, the Day/East Canyon water supply was assumed to be 3,400 AFY during years with above average hydrologic conditions and 1,700 AFY during years with below average hydrologic conditions. Deer Canyon CVWD acquired the Hermosa Water Company in 1970 along with the water rights to Deer Canyon. In 2002, CVWD sold a portion of its water rights and facilities in Deer Canyon to the Nestle Company. CVWD's Deer Canyon facilities are located north of Haven Avenue and currently include the Hermosa Tunnel and a 6-inch diameter 1,300 foot long transmission pipeline which conveys surface water from the Hermosa Tunnel to a reservoir for distribution. Water produced from the Hermosa Tunnel is considered to be groundwater and does not require treatment. CVWD's rights to Deer Canyon are appropriative and include all subsurface and surface flows through the canyon. According to the 2013 Master Plan, the Deer Canyon water supply was assumed to be 140 AFY during years with above average hydrologic conditions and 70 AFY during years with below average hydrologic conditions. Total Projected Tunnel Water Supplies Projected tunnel water supplies total 4,540 AFY (1,000 AFY + 3,400 AFY + 140 AFY) for years with above average hydrologic conditions and 2,270 AFY (500 AFY + 1,700 AFY + 70 AFY) for years with below average hydrologic conditions. -25- Item Y —788 3.3.1 Reliability of Tunnel Water Sources As previously discussed, CVWD's average annual production from tunnel water sources from 1995 to 2014 was approximately 4,678 AFY. During the most recent five years, CVWD's annual production ranged from approximately 1,825 AFY to 5,919 AFY (production of 1,825 AF was recorded during 2004 at which point the Cucamonga Canyon tunnel was out of service). For the purposes of this WSA, approximately 4,540 AFY of tunnel water (from Cucamonga Canyon, Deer Canyon, and Day/East Canyon) is assumed to be available during a normal year and approximately 2,270 AFY of tunnel water is assumed to be available during a dry year. Table 4. CVWD's Production from Tunnel Sources (AFY) Year Total Demand 1995 7,563 1996 7,080 1997 6,685 1998 9,580 1999 6,167 2000 4,420 2001 5,655 2002 2,475 2003 3,499 2004 1,892 2005 6,978 2006 5,347 2007 3,194 2008 5,263 2009 4,821 2010 3,954 2011 5,919 2012 2,838 2013 1,825 2014 2,422 Average 4,878 Source: CVWD -26- Item Y —789 3.4 Inland Empire Utilities Aaency IEUA, originally known as Chino Basin Municipal Water District, was formed by popular vote of its residents in June 1950, to become a member agency of MWD for the purpose of importing supplemental water to augment local stream and groundwater supplies. Since -its-formation- in 1950, IEUA has significantly expanded its services. These-... expanded services include production of recycled water, wholesaling of untreated imported water and recycled water supplies, sewage treatment, co -composting of manure and municipal biosolids, desalinization of groundwater supplies and disposal of non - reclaimable industrial wastewater and brine. IEUA does not provide treated MWD water to retail water purveyors in its service area. CVWD is located within IEUA's service area and treats imported water delivered on behalf of IEUA by MWD at two water treatment plants, (the Lloyd Michael WTP and Royer -Nesbit WTP). IEUA's water management goals and implementation strategies, such as its imported water distribution policy, groundwater banking, conjunctive use programs, and use of recycled water, enhances the reliability of water supplies utilized by CVWD. The following discussion of water sources, future water demands, and future water supplies in IEUA's service area illustrates sufficient water is available for CVWD and the other purveyors within IEUA's service area in the future. IEUA wholesales untreated water and provides industrial/municipal wastewater collection and treatment services, and other related services for the western portion of San Bernardino County. IEUA's service area is located in southwestern San Bernardino County. Its 242 square mile service area, which encompasses the Chino Groundwater Basin, consists of a relatively flat alluvial valley from east to west which slopes downward from north to south at a one to two percent grade. Water used in IEUA's service area comes from both local and imported sources. Local sources include local groundwater, surface water and, most recently, recycled water. IEUA purchases untreated imported water from MWD for wholesale redistribution to local retail water purveyors within its service area, including CVWD. The local retail water -27- Item Y —790 purveyors must first treat the imported MWD water before delivery to their potable water customers. According to IEUA's 2010 UWMP, total local groundwater production by CVWD and other local retail water agencies in IEUA's service area ranged from approximately 110,000 AFY to 146,000 AFY from 2000 to 2010. CVWD and a number of other retail water agencies in IEUA's service area which produce groundwater from the Chino Basin also obtain a portion of their water from local surface sources. The principal sources of surface water include Lytle Creek, San Antonio Canyon, Cucamonga Canyon, Day Creek, Deer Creek, and several smaller surface streams. According to IEUA's 2010 UWMP, production from all such local surface supplies ranged from approximately 8,900 AFY to 25,700 AFY from 2000 to 2010. CVWD has the capacity to receive up to 71 mgd of MWD imported SWP water from IEUA for treatment at CVWD's existing Royer -Nesbit WTP (11 mgd capacity) and Lloyd Michael WTP (60 mgd capacity). Historical MWD deliveries to IEUA's service area are shown in Table 5. Additional imported water supplies from IEUA are used for groundwater replenishment thereby augmenting the annual yield and production from the Chino Basin. IEUA also provides recycled water to its member agencies for direct non -potable use (irrigation) and indirect non -potable use (groundwater recharge). Water recycling involves treatment of wastewater to create a high quality, safe source of water for landscape irrigation, industrial uses, and groundwater recharge. Recycled water is a critical component of the Optimum Basin Management Plan developed by the Chino Basin Watermaster in 2000 to address water supply and quality issues in the Chino Basin. Recycled water has become an increasingly important source of renewable local water supply for the region. A map showing CVWD's current recycled water infrastructure is shown in Figure 4. According to CVWD's 2010 UWMP, approximately 2,800 AFY of recycled water supplies for direct use and 4,500 AFY of recycled water supplies for groundwater recharge will be available for CVWD use by 2035. According to CVWD's 2013 Master Plan, CVWD's recycled water demands for direct use are projected to be 2,000 AFY by 2035, resulting in a surplus of recycled water supplies. IRT-1 Item Y —791 The population within IEUA's service area is projected by the local retail water agencies (including CVWD) to collectively increase from approximately 919,800 people in 2015 to over 1,176,100 people by the year 2035 (Table 6). This represents an increase of approximately 327,000 people over a twenty-five year period, an average annual growth rate of approximately 1.3 percent. -29- Item Y —792 Table 5 MWD Historical Water Purchases by IEUA (AFY) InterruptiblelLocal Fiscal Year Full Service Agricultural Prolects Storager Total 1953-54 3,135.00 3,135.00 1954-55 4,820.50 4.820.50 1955-56 5.033.30 5.033.30 195657 5,983.60 6,983.60 1957-58 6,850.30 6,850.30 1958-59 4,363.70 41 4,404.70 1959-60 3,56SAO 83 3.651.10 1960-61 4,908.60 459 5,367.60 1961-62 6,416.40 796 7,212.40 1962-63 6.865.20 1,195.00 8.060.20 1963-64 14,598.70 1,579.00 16,17-7.70 1964-65 18,993.50 2.699.00 21,692.50 1965-66 13,422.20 2,154.00 15,576.20 1966-67 10,071.70 1.072.00 11,143.70 1967-68 10,883.80 1,681.()0 12.564.80 1968-69 8,565.20 134 8,699.20 1969-70 7,262.50 370 7.632.50 1970-71 8,583.80 462 9,045.80 1971-72 9,611.70 660 10,271.70 1972-73 8,692.60 634 9,226.60 1973-74 8,427.70 800 9,227.70 1974-75 8,841.00 933 9,774.00 1975-76 9.474.00 1,842.OD 11,316.00 1976-77 11,096.00 1,698.00 12,794.00 1977-78 20.357.00 924 21,281.00 1978-79 10.361.60 817.3 16,068.60 27.267.50 1979-80 11,196.00 69.4 7.841.40 10,677.60 29.784.40 1980-81 13.163.10 335.6 17.861.90 3,020.60 34,381.20 1981-82 7.837.40 588.1 25,914.60 2,453.70 36,793.80 1982-83 4,792.30 303.4 21,797.50 26,893.20 198M4 4,727.60 404.2 21.230.00 26,361.80 1984-85 8,201.00 558.6 21,001.60 29,761.20 1985-86 9.150.30 398.4 24,701.00 1,072.50 35,322.20 1986-87 11,673.60 368.7 18,393.20 - 3,522.60 33,958.10 1987-89 9,728.80 459 12,245.10 13,14220 35,575.10 1988-89 20,247.20 175.3 25,931.60 46,354.00 1989-90 15,773.00 117.8 26,156.50 26.616.50 68.663.80 199D.91 20,015.90 26.2 28,071.00 4,011.70 52.124.80 1991-92 31,924.50 152 75,976.10 108,052.60 1992-93 29,407.00 94.4 51.653.70 81,055.10 1993-94 28,897.10 28,046.90 56,944,00 1994-95 364967.80 8.5 1,579.50 38.555.80 1995-96 35,204.10 77.4 4.408.80 39.690.30 1996-97 44,728.20 118.8 5,058.70 49.905.70 1997-98 39,320.60 83.8 11,895.10 51.299.50 1998-99 41,607.80 68.1 100.30 8,414.10 50,190.30 1999-00 57,070.30 104.1 495.50 5,33P.10 63,002.00 2000-01 57,735.60 45.1 4,066.00 11,742.50 73,589.20 2001-02 64,996.00 44.0 5,664.30 9,006.30 79,710.90 2002-03 57,415.50 52.3 5,907.60 13,449.90 76,825.30 2003-04 64.024.70 49.3 9,771.00 7.582.00 81.427.00 2004-05 64,841.40 56.4 8,931.70 42,259.40 106,089.00 2005-06 50,607.80 90.4 11,943.20 36,227.80 98,869.20 2006-07 52,869.10 89.7 13,793.80 24.759.10 91.511.70 2007-OB 70,780.00 43.2 23,729.60 94.552.00 2008-09 81,615.90 3.0 27.687.00 109.305.90 2009-10' 65,539.60 22,181.0 87,720.60 2010-11' 51.134.40 22,986.00 9.650.60 83.771.00 2011-12' 51,551.80 23.969.00 24,915.60 100,436AO 2012-132 59,050.90 32,352.00 91,402.90 2013-14' 67.833.10 29,456.60 97,289.70 Source: IEUA 2010 Regional Urban Water Management Plan (June 2010). 1) Seasonal Storage Service Program and Cyclic Storage Account 2) Source: Metropolitan Water District of Soulhem Callfromla(hup:llw Awdh2o.com/mwdh2o/pagesleperallons/opsOl. tmi). Data Includes roll servke, agricultural, local project, and/arstorage program sales) Item Y -793 Table 6. Projected Population In IEUA's Service Area Year 2015 2020 2025 2030 2035 Population 919,771 981,651 1,041.521 1,108,234 1,176,066 Source: IEUA 2010 Regional Urban Water Management Plan (June 2011), Table 2-2 As a result of this projected regional population growth, water demand in IEUA's service area is expected to increase by approximately 15 percent over the twenty year period from 2015 to 2035. Table 7 presents the projected water demands for IEUA's service area. According to IEUA's 2010 UWMP, total annual water use is expected to increase from approximately 271,870 AF in 2015 to approximately 314,140 AF by the year 2035. Table 7. Projected Water Demands in IEUA's Service Area (AFY) Year 2016 2020 2025 2030 2035 Municipal and 228,006 229,803 240,969 251,877 268,233 Industrial Agricultural 15,000 7,000 7,000 5,000 5,000 Recycled Water 28,865 31,662 34,359 37,056 40,903 (Direct Reuse) Total Demand 271,671 268,465 282,328 293,933 314,136 Source: IEUA 2010 Regional Urban Water Management Plan (June 2011). Table 3-9 Projected water supplies within IEUA's service area include groundwater, surface water, recycled water, and untreated imported water purchased from MWD. Table 8 summarizes the available supplies and water demands under a normal year. -31- Item Y —794 Table 8. IEUA Future Water Demand/Supply Balance in Normal Years (AFY) Year 2015 2020 2025 2030 2035 Groundwater 180,078 174,217 182,581 188,480 200,842 Surface Water 28,490 28,490 28,490 28,490 28,490 Recycled Water 66,241 70,391 74,402 78,884 83,436 Water Imported Supply Water 80,556 81,641 82,725 83,809 85.978 Total Supply 355,365 354,739 368,198 379,663 398,746 Total Demand 271,871 268,465 282,328 293,933 314,136 Surplus 83,494 86,274 85,870 85,730 84,610 Source: IEUA 2010 Regional Urban Water Management Plan (June 2011), Table 11-3 1) Includes groundwater from Chino Basin, Cucamonga Basin and other adjacent basins. According to IEUA's 2010 UWMP, total production from the Chino Basin and adjacent groundwater basins is projected to increase from approximately 180,000 AFY in 2015 to approximately 201,000 AFY in 2035 for normal years. According to IEUA's 2010 UWMP, IEUA conservatively projected total production from surface water supplies within its service area at approximately 28,500 AFY through the year 2035 for normal years. Surface water flows are substantially greater in wet years and less during dry years. According to IEUA's 2010 UWMP, the direct use of recycled water within IEUA's service area in the year 2010 was approximately 17,300 AF. Recycled water use during normal years is expected to increase to approximately 83,400 AFY by 2035. The demand for untreated imported Colorado River and SWP water for the Chino Basin in normal years is projected to increase from approximately 80,600 AFY, in 2015, to approximately 86,000 AFY by the year 2035. CVWD supports and works closely with IEUA to implement a mix of water management strategies to meet the region's long-term needs. IEUA's water management goals are the following: -32- Item Y -795 . Implement an effective conservation program which will maximize efficient water use and reuse in IEUA's service area; • Continue development of a groundwater recovery program; • Increase the safe storage capacity of the Chino Basin to 150,000 AFY and implement a conjunctive use/groundwater management program which - .provides -dry year -water supplies for the service area (the increased safe storage capacity potential is 500,000 AFY). In 2008, IEUA completed a CEQA document for the proposed expansion of the program; • Achieve maximum use of all available storm water; • Achieve maximum reuse of all available recycled water; and • Minimize dependence on imported water supplies. The water demands and supplies for IEUA's service area were analyzed by IEUA to assess the region's ability to meet demands given a repeat of California's severe drought from 2007 to 2009. Table 9 and Table 10 present the supply -demand balance for single and multiple year drought scenarios for,calendar years 2015 and 2035. With the implementation of the local programs outlined above, the region is expected to meet 100 percent of its dry year demand. -33- Item Y —796 Table g. IEUA's 2015 Water Supply and Demand in Normal, Single Dry, and Multiple Dry Years (AFY) Normal Single Dry Multiple Dry Years Demand and Supply I Year Year Dry Year 1 Dry Yearn Dry Year 3 Groundwater 180,078 207,090 192,913 199,170 205,289 Imported Water 80,556 49,945 42,184 46,013 49,945 Water Surface Water 28,490 8,832 13,404 23,455 21,937 Supplies Recycled Water 66,241 66,241 49,547 60,788 72,865 Total Supply 355,365 332,108 298,048 329.426 350,036 Total Demand 271.871 271,871 260,588 266,230 271,871 Total Demand w/ Conservation 1 271,871 244,684 234,529 239,607 244,684 Surplus 83,494 87,423 63,519 89,820 105,352 Source: IEUA 2010 Regional Urban Water Management Plan (June 2011), Chapter 11 1) Assumes zero conservation during a normal year. Table 10. IEUA's 2035 Water Supply and Demand in Normal, Single Dry, and Multiple Dry Years (AFY) Demand and Supply Normal Single Dry Multiple Dry Years Year Year Dry Year 1 Dry Year 2 Dry Year 3 Groundwater 200,842 230,968 227,241 228,125 228,960 Water Imported Water 85,978 53,306 51,066 52,182 53,306 Surface Water 28,490 8,832 13,960 23,932 21,937 Supplies Recycled Water 83,436 83,436 81,615 86,652 91,779 Total Supply 398,746 376,542 373,882 390,891 395,982 Total Demand 314.136 314,136 306,055 310,095 314,136 Total Demand w/ Conservation 1 314,136 282.722 275,449 279,086 282,722 Surplus 84,610 93,820 98,433 111,805 113,261 Source: IEUA 2010 Regional Urban Water Management Plan (June 2011), Chapter 11 1) Assumes zero conservation during a normal year. -34- Item Y -797 3.4.1 SWP Water Reliability MWD contracts with the State of California, through the SWP, for the delivery of northern California water through the Califomia Aqueduct. The SWP is a water storage and delivery system maintained and operated by the California Department of Water Resources (DWR). The SWP is a statewide water conveyance system which diverts and stores water in Northern and Central California and conveys water (including through the Sacramento -San Joaquin Delta region) to 29 water agencies throughout the State. The SWP has delivered water since the 1960's through a network of aqueducts, pumping stations and powerplants. The San Francisco Bay -Sacramento River Delta area (Bay -Delta) is a part of the SWP water delivery system. The reliability of the Bay -Delta to deliver water may be impacted by potential risks associated with endangered species, earthquakes, levee failure, and climate change. In order to mitigate these potential risks, State and federal resources and environmental protection agencies and a broad range of stakeholders are involved in a multiyear planning process referred to as the CALFED process to develop programs to greatly improve the capacity and reliability of the SWP and the environmental conditions of the Bay -Delta. The Bay -Delta cooperating agencies approved a Record of Decision in August 2000 for a Programmatic Environmental Impact Report/Impact Statement for a multi -year improvement program. The improvement program includes projects.related to DWR's SWP conveyance capacity, water quality, and operation of the SWP. Those programs are undergoing thorough federal and state environmental review. The Bay Delta Conservation Plan (BDCP) grew out of the CALFED Bay -Delta Plan's Ecosystem Restoration Program Conservation Strategy. A draft BDCP was prepared through a collaboration of state, federal, and local water agencies, state and federal fish agencies, and a broad range of stakeholders. The BDCP identifies conservation strategies, water flow, and habitat restoration actions in California's Sacramento -San Joaquin Delta. The goal of the BDCP is to provide for both species/habitat protection and improved reliability of water supplies. The Public Draft BDCP and Public Draft -35- Item Y —798 Environmental Impact Report / Environmental Impact Statement (EIR/EIS) were released for formal public review and comment on December 13, 2013 through July 29, 2014. Comments to the EIR/EIS are currently being reviewed by DWR. On August 27, 2014, DWR and the other state and federal agencies leading the BDCP indicated a partially Recirculated Draft BDCP, EIR/EIS, and Implementing Agreement (IA) will be published in 2015. The agencies are currently reviewing the comments received through the public comment period. On April 30, 2015, State and Federal agencies proposed a new sub - alternative (Alternative 4A) which would replace Alternative 4 (the proposed BDCP) as the State's proposed project. Alternative 4A reflects the state's proposal to separate conveyance facility and habitat restoration measures. These efforts are a direct reflection of public comments. Alternative 4A will be evaluated in the Recirculated Draft BDCP, EIR/EIS that will be available for public review and comment in coming months. The public will also have opportunities to review the final documents prior to their adoption. The BDCP is intended to meet the standards of the Sacramento -San Joaquin Delta Reform Act of 2009, described below. In November 2009, following more than three (3) years of BDCP planning, the State of California enacted comprehensive legislation;, including the Sacramento -San Joaquin Delta Reform Act of 2009 (California Water Code Division 35) which provided for an independent state agency, the Delta Stewardship Council. Pursuant to that act, the Delta Stewardship Council developed a comprehensive management plan which provides more reliable water supply for California and protects and enhances the Delta ecosystem (through development and implementation of a Delta Plan): The Delta Stewardship Council adopted a final Delta Plan in May 2013 which is the comprehensive long-term management plan for the Delta to improve statewide water supply reliability and to protect the Delta. The Delta Stewardship Council also adopted a Programmatic Environmental Impact Report (PEIR) on the Delta Plan in May 2013. The PEIR evaluates the potential impact of the Delta Plan and identifies mitigation measures. In June 2013, a lawsuit was filed by the State Water Contractors and others seeking to overturn the Delta Stewardship Council's adoption of the Delta Plan, promulgation of -36- Item Y —799 related regulations, and certification of the above referenced PEIR. The litigation brought by State Water Contractors and others claims the Delta Stewardship Council exceeded its authority under the Sacramento -San Joaquin Delta Reform Act of 2009 and failed to analyze impacts under the California Environmental Quality Act, particularly foreseeable impacts of the Delta Plan on water supplies around the state. DWR's "State Water Project Draft Delivery Reliability Report 2015" (2015 Draft Report), dated April 2015, indicates the delivery reliability of SWP water is approximately 62 percent, on average, over the next 20 years. It should be noted the SWP allocation during calendar year 2014 was 5 percent, which is 6 percent lower than the estimated single dry year allocation of 11 percent as presented in the 2015 Draft Report. However, the 2015 SWP allocation is currently 20 percent. DWR's Reliability Report incorporates future impacts on water deliveries as a result of the future effects of climate change, anticipated changes in Sacramento River basin land uses and potential limited pumping of the SWP to protect salmon, smelt, and other species in the Sacramento -San Joaquin Delta and Central Valley areas, This includes operational restrictions placed on the SWP from biological opinions issued by the U.S. Fish and Wildlife Service (USFWS) in December 2008 and the National Marine Fisheries Service (NMFS) in June 2009 governing the SWP and Central Valley Project (a Federal water storage and conveyance facility) operations. Subsequently, a U.S. District Court Judge remanded the biological opinions to the USFWS and NMFS for further review and analysis. The long term impact of these issues cannot be fully quantified at this time. DWR plans to develop additional water supply facilities in order for the SWP to deliver contracted water beyond historical delivery quantities. 3.4.2 Metropolitan Water District of Southern California MWD provides imported water supplies to the Chino Basin for both replacement/recharge purposes and direct delivery. As previously discussed, imported water from MWD is provided through IEUA, which is entitled to deliver and sell water from MWD. Untreated imported water can be spread and stored in the Chino Basin for replacement/recharge -37- Item Y —800 and can be delivered directly to retail water utilities within IEUA's service area with available connections. MWD's 2010 Regional UWMP provides information regarding MWD's water supply reliability and the ability to meet all projected water demands. MWD has indicated in its report with the addition of all water supplies existing and planned, MWD would have the ability to meet all of its member agencies' projected supplemental demand for the next twenty years, even during a repeat of the worst drought scenario. MWD's 2010 UWMP considers DWR's "State Water Project Delivery Reliability Report 2009" (2009 Report), dated August 2010, which contains similar deliveries during future conditions as the 2015 Draft Report. MWD's 2010 UWMP concludes MWD will have sufficient water available for anticipated water demands in its service area, including IEUA's service area through the year 2035. In addition, since the delivery of replacement water can be shifted from dry years to wet years of water surplus, the available information shows adequate replacement water will be available through the year 2035. Because of critically dry conditions in 2007 affecting MWD's main water supply sources and Federal Court rulings protecting the Delta Smelt and other aquatic species in the Sacramento -San Joaquin River Delta, SWP water deliveries were reduced. As a result, MWD adopted a Water Supply Allocation Plan (WSAP), in February 2008 to allocate available water supplies to its member agencies. The WSAP established ten different shortage levels and a corresponding Allocation to each member agency. Although member agency water use is not restricted to the Allocation, additional charges would be assessed on water used above the total annual Allocation. The WSAP provides a reduced Allocation to a member agency for its Municipal and Industrial (M) retail demand. The WSAP considers historical local water production, full service treated water deliveries, agricultural deliveries and water conservation efforts when calculating each member agency's Allocation. -38- Item Y —801 In general,. the WSAP process calculates total historical member agency demand. The historical demand is then compared to member agency projected local supply for a specific Allocation year. The balance required from MWD, less an Allocation reduction factor, is the member agency's "Water Supply Allocation". When an MWD Member Agency (such as IELIA) reduces its local demand through conservation or other means, the Allocation increases. The increased Allocation can be used for Full Service -replenishment deliveries when an Allocation is in place On April 1, 2015, in response to historically dry conditions, California Governor Jerry Brown signed Executive Order B-29-15 (Governor's Executive Order). which requires a 25 percent reduction of urban potable water use throughout the State of California through February 28, 2016. In response to the EO, on April 14, 2015, MWD implemented the WSAP at Level 3 effective July 1, 2015 through June 20, 2016. CVWD's Tier 1 allocation for fiscal year 2015-16 is 27,000 AF, however imported water may be purchased above the Tier 1 allocation (at the Tier 2 rate), albeit at a higher rate to encourage water conservation. Tables 11, 12, and 13 show MWD's projected total water supplies and demands through year 2035 for average, single dry, and multiple dry years, respectively. MWD has sufficient water supplies to meet all of its member agencies projected supplemental demand for the next twenty years, even during multiple dry years. MWD's greatest water demands, which occur during a multiple dry year, will increase at a rate of approximately 0.2 percent per year from approximately 2,236,000 AFY, in 2015, to 2,399,000 AFY, in 2035. -39- Item Y —802 Table 11. MWD's Projected Average Year Water Suoolies and Demands (AF 2015 2020 2025 2030 2035 Supplies (Current Programs) 3,485,000 3,810,000 4,089,000 3,947,000 3,814,000 Demands 2,006,000 1,933,000 1,985,000 2,049,000 2,106,000 Surplus 1,479,000 1,877,000 2,104,000 1,898,000 1,708,000 Supplies (Proposed Programs) 588,006 689,000 1,051,000 1,051,000 1,051,000 Potential Surplus 2,067,000 2,666,000 3,155,000 2,949,000 2,759,000 Source: MWD's Regional UWMP, November 2010 Table 12. MWD's Proiected Sinale Dry Year Water Supplies and Demands (AF 2015 2020 2025 2030 2035 Supplies (Current Programs) 2,457,000 2,782,000 2,977,000 2,823,000 2,690,000 Demands 2,171,000 2,162,000 2,201,000 2,254,000 2,319,000 Surplus 286,000 620,000 776,000 569,000 371,000 Supplies (Proposed Programs) 762,000 862,000 1,036,000 1,036,000 1,036,000 Potential Surplus 1,048,000 1,482,000 1,812,000 1,605,000 1,407,000 Source: MWD's Regional UWMP, November 2010 Table 13. MIND'S Proiected Multiple Dry Year Water Supplies and Demands (AFY 2015 2020 2025 2030 2035 Supplies (Current Programs) 2,248,000 2,417,000 2,620,000 2,459,000 2,415,000 Demands 2,236,000 2,188,000 2,283,000 2,339,000 2,399,000 Surplus 12,000 229,000 237,000 120,000 16,000 Supplies (Proposed Programs) 404,000 553,000 733,000 755.000 755,000 Potential Surplus 416,000 782,000 970,000 875,000 771,000 Source: MWD's Regional UWMP, November2010 �� Item Y —803 3.4.3 Recycled Water Reliability As previously discussed, IEUA provides recycled water to its member agencies for direct non -potable use (irrigation) and indirect potable use (groundwater recharge). Water recycling involves treatment of wastewater to create a high quality, safe source of water for landscape irrigation, industrial uses, and groundwater recharge. Recycled water has become an incre_asingly_important_ source of reliable local water supply for the region, including CVWD which began utilizing recycled water to meet irrigation demands in 2008. According to IEUA's 2013-14 Recycled Water Annual Report, CVWD's recycled water demands for fiscal year 2013-14 were approximately 1,200 acre-feet, of which 502 acre- feet (577 acre-feet during calendar year 2014) were used at the Empire Lakes Golf Course for irrigation. A map showing CVWD's current recycled water infrastructure is shown in Figure 4. According to CVWD's 2010 UWMP, up to approximately 2,800 AFY of recycled water supplies are projected to be available for direct use by 2035. According to CVWD's 2013 Master Plan, CVWD's recycled water demands for direct use are projected to be 2,000 AFY by 2035. Therefore, CVWD's recycled water demands for direct use, including projected Project recycled water use of 30 AFY, are projected to be about 1,453 AFY (2,000 AFY — 577 AFY + 30 AFY).by 2035. As previously stated, an additional 4,500 AFY of recycled water supplies are projected for groundwater recharge purposes. -41- Item Y —804 4 Future Supply CVIAID's sources of water supply include untreated imported water purchased through the IEUA, groundwater rights to the Chino Basin and the Cucamonga Basin, tunnel water, and recycled water through the IEUA. Tables 14 through 19 show CVWD's projected water demands and sources of water supply, under future average, single dry, and multiple dry year scenarios, from 2015 to 2035. CVWD has historically met all of its water demands with imported water, groundwater production, tunnel water, and recycled water purchased through the IEUA. CVWD included a Water Shortage Contingency Plan in its 2010 UWMP which identifies actions that can be taken to respond to a catastrophic interruption of water supply. In addition, CVWD adopted in 1990 and revised in June 2009 Ordinance 48 titled "Water Supply Shortage Contingency Plan". According to CVWD's 2010 UWMP, the Plan includes mandatory water use restrictions that conserve water regardless of water supply availability. CVWD's future water demands can be supplied by imported water, groundwater from the Chino Basin and Cucamonga Basin, tunnel water, and recycled water. Any remaining future water demands can also be supplied from Chino Basin groundwater storage. CVWD will continue to implement future system improvements, including reservoirs, pipelines, treatment, and booster stations, on an as -needed basis. In order to install these additional potential system improvements, CVWD may need to satisfy the following requirements: - CEQA requirements - State Water Resources Control Board Division of Drinking Water requirements - City/County approval for construction projects The past four years (2012 through 2015) have comprised the most significant drought event over the past 20 years. From 2012 through 2014, CVWD's average total -42- Item Y —805 groundwater production was above supply projections. CVWD's average production from tunnel water supplies was approximately equal to the dry year tunnel water supply projection of 2,270 AFY. In addition, imported water purchased from IEUA by CVWD was, on average, approximately equal to the fiscal year 2015-16 water supply allocation of 27,000 AF. Current drought conditions have proved to be more severe than prior droughts (2007 to 2009) on which planning documents were based (including CVWD's 2010 UWMP, 20f 3 Water Master Plan, and the SWP 2015 Draft Delivery Reliability Report), however, the total water supplies available during the current drought (2012 through 2014) have been similar to projected drought supplies. Therefore, CVWD is able to meet water demands, even during continuing unprecedented drought conditions. CVWD has indicated they plan to meet water use reductions within their service area as mandated by the Governor's Executive Order (in effect through February 28, 2016) through implementation of a Drought Response Plan. The Drought Response Plan includes outreach and communication efforts to ensure CVWD customers understand the water use reduction requirements, as well as tools and resources including rebates, water consultations, landscape surveys, and water leak investigations to aid CVWD customers in conservation efforts. According to the Drought Response Plan, achievement of conservation goals (32 percent reduction in overall potable water usage) will be monitored on a monthly basis. In addition, on May 12, 2015, CVWD declared a Stage 6 Severe Water Emergency pursuant to CVWD's Water Supply Shortage Contingency Plan. A Stage 6 Severe Water Emergency enacts a 35 percent mandatory water use reduction and allows CVWD to specify requirements on the days, frequency and duration of outdoor water use by its customers. Tables 14 through 19 show CVWD's existing water supplies will provide sufficient water supply for CVWD to meet all present and future water supply requirements of the Project under all conditions for the next twenty years and through 2035. -43- Item Y —806 Table 14. CVWD's Future Water Supplies in Normal Years (AFY) Year 2015 2020 2025 2030 2035 Potable Water Supply and Demands Potable Demands' Water Net Project Demand Increasez Demands Total Net CVWD Projected Potable Water Demands Potable Chino Basin Cucamonga Basin Tunnel Water Water Imported Water from lEUA (Tier 1) Supplies Imported Water from IEUA (Tier 2)3 Recycled Water for Groundwater Recharge Total Potable Supplies 56,200 54,700 56,300 58,100 59,900 0 721 1,444 1.444 1.444 56,200 55,421 57,744 59,544 61,344 18,036 10,926 11,862 12,033 17,456 10,000 10,000 10,000 10,000 10,000 4,540 4,540 4,540 4,540 4,540 28,369 28,369 28.369 28.369 28,369 0 0 0 102 0 3,000 4,500 4,500 4,500 4,500 63,945 58:335 59,271 59,544 64,865 Potable Water Supply Surplus 7,745 2,914 1,527 0 3,521 Non -Potable Water Supply and Demands Non -Potable Demands^ Water Net Project Demand Increasez Demands Total Net CVWD Projected Non - Potable Water Demands Non -Potable Water Recycled Water (Direct Use)5 Supplies Total Non -Potable Supplies 1,400 1,600 1,800 2,000 2,000 0 (562) (547) (547) (547) 1,400 1,038 1,253 1.453 1,453 1,400 1,038 1.253 1,453 1,453 1,400 1,038 1,253 1,453 1,453 Non -Potable Water Supply Surplus 0 0 0 0 0 1) UWMP demands from Table 3-2 less non -potable demands. 2) Water demands Increased linearly based on construction beginning 2017 and ending 2023. 3) Tier 2 Imported Water supplies from IEUA are available to meet any additional water demands during a normal year. 4) From 2013 Master Plan 5) For the purposes of this WSA, recycled water supplies are equal to projected demands. Additional recycled water supplies from IEUA are projected to be available if needed. -44- Item Y -807 Table 16. Comparison of CVWD's 2015 Water Supply and Demand in Normal, Single Dry and Multiple Dry Years (AFY) Single Multiple Dry Years Demand and Supply Normal Dry Dry Dry Dry Year Year Year 1 Year 2 Year 3 Potable Water Supply and Demands Potable Demands' Water Net Project Demand Increase2 Demands Total Net CVWD Projected Potable Water Demands Potable Chino Basin Chino Basin Storage3 Cucamonga Basin Tunnel Water Water Imported Water from lEUA(Tier 1) Supplies Imported Water from lEUA(Tier 2r Recycled Water for Groundwater Recharge Total Potable Supplies 56.200 56.200 56,200 56,200 56,200 0 0 0 0 0 56,200 56,200 56,200 56,200 56,200 18,036 18,036 18,036 18,036 18,036 0 0 0 0 0 10,000 10,000 10,000 10,000 10,000 4,540 2;270 2,270 2,270 2,270 28,369 28,369 28,369 28,369 28,369 0 0 0 0 0 3,000 3,000 3.000 3,000 3,000 63,945 61,675 61,675 61,675 61,675 Potable Water Supply Surplus 7,745 5,475 5,475 5.475 5,475 Non -Potable Water Supply and Demands Non -Potable Demandsa 1,400 1,400 1,400 1,400 1,400 Water Net Project Demand Increase2 0 0 0 0 0 Demands Total Net CVWD Projected Non- 1,400 1,400 1,400 1,400 1,400 Potable Water Demands Non -Potable Water Recycled Water (Direct Use)a Supplies Total Non -Potable Supplies 1,400 1,400 1,400 1.400 1,400 1,400 1,400 1,400 1,400 1,400 Non -Potable Water Supply Surplus 0 0 0 0 0 1) UWMP demands from Table 3-2 less non -potable demands. 2) Water demands increased linearly based on construction beginning 2017 and ending 2023. 3) CVWD can produce additional water from the Chino Basin from its Chino Basin groundwater storage account. According to CVWD staff projections, between 62,000 AF and 96,000 AF of water supplies from Chino Basin groundwater storage are available for use during single and multiple dry years between 2015 and 2035, if needed. 4) Tier 2Imported Water supplies are available to meet any additional water demands during a normal year. 5) From 2013 Master Plan 6) For the purposes of this WSA, recycled water supplies are equal to projected demands. Additional recycled water supplies from IEUA are projected to be available If needed. -45- Item Y -808 Table 16. Comparison of CVWD's 2020 Water Supply and Demand in Normal, Single Dry and Multiple Dry Years (AFY) Single Multiple Dry Years Demand and Supply Normal Dry Dry Dry Dry Year Year Year 1 Year 2 Year 3 Potable Water Supply and Demands Potable Demands' 54,700 54,700 54,700 54,700 54,700 Water Net Project Demand Increasez 721 721 721 721 721 Demands Total Net CVWD Projected Potable Water Demands 55,421 55,421 55,421 55,421 55,421 Potable Chino Basin 10,926 10,926 10,926 10,926 10,926 Chino Basin Storage' 0 0 0 0 0 Cucamonga Basin 10,000 10,000 10,000 10,000 10,000 Tunnel Water 4,540 2,270 2,270 2,270 2,270 Water Imported Water from IEUA (Tier 1) Supplies Imported Water from IEUA (Tier 2)4 Recycled Water for Groundwater Recharge Total Potable Supplies 28,369 28,369 28,369 28,369 28.369 0 0 0 0 0 4,500 4,500 4,500 4,500 4,500 58,335 56,065 56,065 56,065 56,065 Potable Water Supply Surplus 2,914 644 644 644 644 Non -Potable Water Supply and Demands Non -Potable Demands' 1,600 1,600 1,600 1,600 1,600 Water Net Project Demand Increasez (562) (562) (562) (562) (562) Demands Total Net CVWD Projected Non - Potable Water Demands 1,038 1,038 1,038 1,038 1,036 Non -Potable Water Recycled Water (Direct Use)' Supplies Total Non -Potable Supplies 1,038 1,038 1,038 1,038 1,038 1,038 1,038 1,038 1,038 1,038 Non -Potable Water Supply Surplus 0 0 0 0 0 1) UW MP demands from Table 3-2 less non -potable demands. 2) Water demands increased linearly based on construction beginning 2017 and ending 2023. 3) CVWD can produce additional water from the Chino Basin from its Chino Basin groundwater storage account. According to CVWD staff projections, between 62,000 AF and 96,000 AF of water supplies from Chino Basin groundwater storage are available for use during single and multiple dry years between 2015 and 2035, if needed. 4) Tier 2 Imported Water supplies are available to meet any additional water demands during a normal year. 5) From 2013 Master Plan 6) For the purposes of this WSA, recycled water supplies are equal to projected demands. Additional recycled water supplies from IEUA are projected, to be available if needed. 10 Item Y -809 Table 17. Comparison of CVWD's 2025 Water Supply and Demand in Normal, Single Dry and Multiple Dry Years (AFY) Single Multiple Dry Years Demand and Supply Normal Dry Dry Dry Dry Year Year Year Year Year Potable Water Suoolv and Demands Potable Demands' Water Net Project Demand Increasez Demands Total Net CVWD Projected Potable Water Demands Potable Chino Basin Chino Basin Storage3 Cucamonga Basin Tunnel Water Water Imported Water from IEUA (Tier 1) Supplies Imported Water from IEUA (Tier 2)4 Recycled Water for Groundwater Recharge Total Potable Supplies 56,300 56,300 56,300-56,300 56,300 1,444 1,444 1,444 1,444 1,444 57,744 57,744 57,744 57,744 57,744 11,862 11,862 11,862 11,862 11,862 0 743 743 743 743 10,000 10,000 10,000 10,000 10,000 4,540 2,270 2,270 2,270 2,270 28,369 28,369 28,369 28,369 28,369 0 0 0 0 0 4,500 4,500 4,500 4,500 4,500 59,271 57,744 57,744 57,744 57,744 Potable Water Supply Surplus 1,527 0 0 0 0 Non -Potable Water SUDDiv and Demands Non -Potable Demands' Water Net Project Demand Increasez Demands Total Net CVWD Projected Non - Potable Water Demands Non -Potable Water Recycled Water (Direct Use)a Supplies Total Non -Potable Supplies 1,800 1,800 1,800 1,800 1,800 (547) (547) (547) (547) (547) 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 1,253 Non -Potable Water Supply Surplus 0 0 0 0 0 1) UWMP demands from Table 3-2 less non -potable demands. 2) Water demands increased linearly based on construction beginning 2017 and ending 2023 3) CVWD can produce additional water from the Chino Basin from Its Chino Basin groundwater storage account. According to CVWD staff projections, between 62,000 AF and 96,000 AF of water supplies from Chino Basin groundwater storage are available for use during single and multiple dry years between 2015 and 2035, if needed. 4) Tier 2 Imported Water supplies are available to meet any additional water demands during a normal year. 5) From 2013 Master Plan 6) For the purposes of this WSA, recycled water supplies are equal to projected demands. Additional recycled water supplies from IEUA are projected to be available if needed. -47- Item Y -810 Table 18. Comparison of CVWD's 2030 Water Supply and Demand in Normal, Single Dry and Multiple Dry Years (AFY) Demand and Supply Normal Year Single Dry Year Multiple Dry Year 1 Dry Years Dry Dry Year 2 Year 3, Potable Water Supply and Demands Potable Demands' 58,100 58,100 58,100 58,100 58,100 Water Net Project Demand Increasez 1,444 1,444 1,444 1,444 1,444 Demands Total Net CVWD Projected Potable 59,544 59,544 59,544 59,544 59,544 Water Demands Potable Chino Basin 12,033 12,033 12,033 12,033 12,033 Chino Basin Storage3 0 2,372 2,372 2,372 2,372 Cucamonga Basin 10,000 10,000 10,000 10,000 10,000 Tunnel Water 4,540 2,270 2,270 2,270 2,270 Water Imported Water,from IEUA (Tier 1) Supplies Imported Water from IEUA (Tier 2)a Recycled Water for Groundwater Recharge Total Potable Supplies 28,369 28,369 28,369 28,369 28,369 102 0 0 0 0 4,500 4,500 4,500 4,500 4,500 59,544 59,544 59,544 59,544 59,544 Potable Water Supply Surplus 0 0 0 0 0 Non -Potable Water Suooly and Demands Non -Potable Demands5 Water Net Project Demand Increasez Demands 'Total Net CVWD Projected Non - Potable Water Demands Non -Potable Water Recycled Water (Direct Use)a Supplies Total Non -Potable Supplies 2,000 2,000 2,000 2,000 2,000 (547) (547) (547) (547) (547) 1,453 1,453 1,453 1,453 1,453 1,453 1.453 1,453 1.453 1,453 1,453 1,453 1,453 1,453 1,453 Non -Potable Water Supply Surplus 0 0 0 0 0 1) UWMP demands from Table 3-2 less non -potable demands. 2) Water demands increased linearly based on construction beginning 2017 and ending 2023 3)'CVWD can produce additional water from the Chino Basin from its Chino Basin groundwater storage account. According to CVWD staff projections, between 62,000 AF and 96,000 AF of water supplies from Chino Basin groundwater storage are available for use during single and multiple dry years between 2015 and 2035, if needed. 4) Tier 2 Imported Water supplies are available to meet any additional water demands during a normal year. 5) From 2013 Master Plan 6) For the purposes of this WSA, recycled water supplies are equal to projected demands. Additional recycled water supplies from IEUA are projected to be available if needed. MR Item Y -811 Table 19. Comparison of CVWD's 2035 Water Supply and Demand in Normal, Single Dry and Multiple Dry Years (AFY) Single Multiple Dry Years Demand and Supply Normal Dry Dry Dry Dry Year Year Year 1 Year 2 Year 3 Potable Water Supply and Demands Potable Demands' 59,900 59,900 59,900 59,900 59,900 Water Net Project Demand Increasez Demands Total Net CVWD Projected Potable Water Demands Potable Chino Basin Chino Basin Storage3 Cucamonga Basin Tunnel Water Water Imported Water from IEUA (Tier 1) Supplies Imported Water from IEUA (Tier 2)4 Recycled Water for Groundwater Recharge Total Potable Supplies 1,444 1.4.44 1,444 1,444 1,444 61,344 61,344 61,344 61,344 61,344 17,456 17,456 17,456 17,456 17,456 0 0 0 0 0 10,000 10,000 10,000 10,000 10,000 4,540 2,270 2,270 2,270 2,270 28,369 28,369 28,369 28,369 28,369 0 0 0 0 0 4,500 4,500 4,500 4,500 4,500 64,865 62,595 62,595 62,595 62,595 Potable Water Supply Surplus 3,521 1,251 1,251 1,251 1,251 Non -Potable Water Supply and Demands Non -Potable Demands5 Water Demands Net Project Demand Increasez 2,000 2,000 2,000 2,000 2,000 (547) (547) (547) (547) (547) Total Net CVWD Projected Non- 1,453 1,453 1,453 1,453 1,453 Potable Water Demands Non -Potable Water Recycled Water (Direct Use)6 Supplies Total Non -Potable Supplies 1,453 1,453 1,453 1,453 1,453 1,453 1,453 1,453 1,453 1,453 Non -Potable Water Supply Surplus 0 0 0 0 0 1) UWMP demands from Table 3-2 less non -potable demands. 2) Water demands increased linearly based on construction beginning 2017 and ending 2023. 3) CVWO can produce additional water from the Chino Basin from Its Chino Basin groundwater storage account. According to CVWO staff projections, between 62,000 AF and 96,000 AF of water supplies from Chino Basin groundwater storage are available for use during single and multiple dry years between 2015 and 2036, if needed. 4) Tier 2 Imported Water supplies are available to meet any additional water demands during a normal year. 5) From 2013 Master Plan 6) For the purposes of this WSA, recycled water supplies are equal to projected demands. Additional recycled water supplies from IEUA are projected to be available if needed. 10 Item Y -812 J:\2563\Text\W SA_Empirelakes_Dratt_FINAL. Docx -50- Item Y —813 Upland Ontario sm 9ERi1ARJ w w Ja,w_N�'d YY dLI pi�(lae�l r (Grit d NntM9nuYpyn 9yyred MFMp) Fontana f f� Why ram? ru� uneawranmu � I r arx�rzuYc j - _ I —L-j .: CYNa Servla^ Brwndary ( Q (75 2%) Gay al Rancho C..rt a (25,117 Aclu) E w 9%) Rencho---noa 5 0 1 (5,996 Acres) (<I%) CRY of upland (PJ A es) I5%) Chy of no,ft. (1,630 A .) (1.9%) City of Ontario (632 Acres) Total SCrviM Mee - 3J,402 Aa' M 52 scU MIQS4 SOURCE: 2010 CVWD URBAN WATER MANAGEMENT PLAN, CDM p ti6lF 4'r;r. CVWD SERVICE AREA MAP STETSON ENGINEERS INC. N.T.S. ;,xesay.,.ea,ccnx� r crcn:-noxn-rn.. ^.:o n+o Item Y -814 I t lyr ft aag SOURCE: RANCHO CUCAMONGA ]ASP SUB -AREA 18 SPECIFIC PLAN PROJECT LOCATION STETSON ENGINEEn INC. N.T.S. V. Item Y —815 m 3 00 rn 44.1 r a- jjjj CUCAMONGA BASIN - CVWD SERVICE ax AREA 0 .:r 6.oyo W /�• ,jTC N r� r r^r Mid M( i r / PROJECT ' LOCATION r f UPII1161"m ]W LEGEND 0 PRODUC7ICN WELL SOURCE: 2010 CVWD URBAN WATER MANAGEMENT PLAN, CDM; CVWD 2013 WATER SUPPLY MASTER PLAN, WEI - CVWD SERVICE AREA WITHIN THE CHINO BASIN sTFrSo!AND THE CUCAMONGA BASIN --N9iY'-! N.T.S. m w (D { I W V • .lam - CVWD z - SERVICE AREA _ 1y1 HRXIME ftn AlNONO iT WILSLry 9u' e.YAN ST { 19iHu !� c I� } r BASE LINE RD p Q ��y�///fff w W ��1jJ71( E 14TH IT t < M I f / e Eo4rwlLMV0 ii z y 1 t S --R"-- PROJECT 9 LOCATION Z ..�., STH IT fLecent1 CVWD. Active Pipeline 1 ITI ,_I — IEUA. Ac IVe Piodine ACNE, Cuslomers s_Tusr N SOURCE: 2010 CVWD URBAN WATER MANAGEMENT PLAN, CDM 0 + RECYCLED WATER USERS MAP STETSON ENGINEER6 WC- - N.T.S. J IlS63Uqurfl.V l(iUM[ V� l:V W V IM1Y U%�9 MW.w'9 HONC c c m m a APPENDIX A CHINO BASIN JUDGMENT Item Y —818 tifiyV \ Jr I DONALD D. STARK yy \ A Professional Corporation yx C 2 Suite 201 Airport Plaza Jt 2061 Business Center Drive 3 Irvine, California 92715 Telephone: (714) 752-8971 A CLAYSON, ROTHROCK & MANN 5 601 South Main Street Corona, California 91720 6 Telephone: (714) 737-1910 7 Attorneys for Plaintiff 8 10 11 12 n a �b 13 �� am 8„ =N 14 �a�kmg� ;J9m`<aQ 15 gz mWv16 Igo �a ti r, 17 ;.:•10is •` , • � 19 20 o • 21 !� V �22 :o 23 • i26 en '27 a 28 FILED • W�oc San Aermrd 0 C T V 689 J SUPERIOR'COURT OF THE STATE OF CALIFORNIA FnR TAR nn(TNTY ni+ RAN RF.RNARDINO CHINO BASIN MUNICIPAL WATER DISTRICT, v. CITY OF CHINO, et al. Plaintiff, Defendants. kTUDGM5NT wvtov \�AU) No. 164327 Item Y -819 1 2 3 4 5 6 7 8 9 10 11 12 on emN _13 D � Dnu¢n14 LLCJ�pwLL� O L 7 n 15 ga�1pau? O o ; 2 og -m'> 16 � NK 17 18 19 20 21 22 23 24 25 26 27 28 JUDGMENT TABLE OF CONTENTS I. INTRODUCTION . . . . . . . . . . . . . . . . . . . 1. Pleadings, Parties and Jurisdiction 2. Stipulation for Judgment . . . . . . . . . 3. Trial; Findings and Conclusions . . . . . 4. Definitions . . . . . . . . . . . . . . . 5. Exhibits . . . . . . . . . . . . . . . . . II. DECLARATION OF RIGHTS . . . . . . . . . . . . . . A. HYDROLOGY . . . . . . . . . . . . . . . . . . 6. Safe Yield . . . . . . . . . . . . . . . . 7. Overdraft and Prescriptive Circumstances . B. WATER RIGHTS IN SAFE YIELD . . . . . . . . . . 8. Overlying Rights . . . . . . . . . . . . . 9. Appropriative Rights . . . . . . . . . . . 10. Rights of the State of California . . . . C. RIGHTS TO AVAILABLE GROUND WATER STORAGE CAPACITY 11. Available Ground Water Storage Capacity. 12. Utilization of Available Ground Water Capacity . . . . . . . . . . . . . . III. INJUNCTION . . . . . . . . . . . . . . . . . . . . 13. Injunction Against Unauthorized Production of Basin Water . . . . . . . . . . 14. Injunction Against Unauthorized Storage or Withdrawal of Stored Water . . . . . IV. CONTINUING JURISDICTION . . . . . . . . . . . . . 15. Continuing Jurisdiction . . . . . . . . . V. WATERMASTER . . . . . . . . . . . . . . . . . . . i. Page 1 1 2 2 2 5 6 6 6 6 6 6 7 8 8 0 10 10 10 12 Item Y —820 1 2 3 4 5 6 7 8 9 10 11 12 c >" aPoa m_13 Uo8,6zW 4 �9sm��;15 ga, 00 °' 16 og ma < N� 17 18 19 20 21 22 23 24 25 26 27 28 Page A. APPOINTMENT . . . . . . . . . . . . . . . . . 12 16. Watermaster Appointment . . . . . . . . . 12 B. POWERS AND DUTIES . . . . . . . . . . . . . . 12 17. Powers and Duties . . . . . . . . . 12 18. Rules and Regulations . . . . . . . . . . 12 19. Acquisition of Facilities . . . . . . . . 13 20. Employment of Experts and Agents . . . . 13 21. Measuring Devices . . . . . . . . . . . . 13 22. Assessments . . . . . . . . . . . . . . . 14 23. Investment of Funds . . . . . . . . . . . 14 24. Borrowing . . . . . . . . . . . . . . . . 14 25. Contracts . . . . . . . . . . . . . . . . 14 26. Cooperation With Other Agencies'. . . . . 14 27. Studies . . . . . . . . . . . . . . . . 14 28. Ground Water Storage Agreements . . . . . 15 29. Accounting for Stored Water . . . . . . . 15 30. Annual Administrative Budget. . . . . . . 15 31. Review Procedures . . . . . . . . . . . . 16 C. ADVISORY AND POOL COMMITTEES . . . . . . . . . 17 32. Authorization . . . . . . . . . . . . . . 17 33. Term and Vacancies . . . . . . . . . . . 18 34. Voting Power ... . . . . . . . . . . . . 18 35. Quorum . . . . . . . . . . . . . . . . . 18 36. 'Compensation . . . . . . . . . . . . . . 19 37. Organization . . . . . . . . . . . . . . 19 38. Powers and Functions . . . . . . . . . . 21 VI. PHYSICAL SOLUTION . . . . . . . . . . . . . . . . 23 ii. Item Y —821 1 2 3 A 5 6 7 8 9 10 11 12 Z yb 13 �oeNC�N14 eLLf �o:@ S 14. . 15 0o b=V 16 t Nk 17 18 19 20 21 22 23 24 25 26 27 28 A. GENERAL . . . . . . . . . . . . . . . . . . . . 39. Purpose and Objective . . . . . . . . . . 40. Need for Flexibility . . . . . . . . . . . 41. Watermaster Control . . . . . . . . . . . 42. General Pattern of Operations . . . . . . B. POOLING . . . . . . . . . . . . . . . . . . . . 43. Multiple Pools Established . . . . . . . . 44. Determination and Allocation of Rights to Safe Yield of Chino Basin . . . . . . 45. Annual Replenishment . . . . . . . . . . . 46. Initial Pooling PLans . . . . . . . . . . C. REPORTS AND ACCOUNTING . . . . . . . . . . . . 47. Production Reports . . . . . . . . . . . . 48. Watermaster Reports and Accounting . . . . D. REPLENISHMENT . . . . . . . . . . . . . . . . . 49. Sources of Supplemental Water . . . . . . 50. Methods of Replenishment . . . . . . . . . E. REVENUES . . . . . . . . . . . . . . . . . . .. 51. Production Assessment . . . . . . . . . . 52. Minimal Producers . . . . . . . . . . . . 53. Assessment Proceeds -- Purposes . . . . . 54. Administrative Expenses . . . . . . . . . 55. Assessments -- Procedure . . . . . . . . . 56. Accumulation of Replenishment Water Assessment Proceeds . . . . . . . . . 57. Effective Date . . . . . . . . . . . . . . VII. MISCELLANEOUS PROVISIONS . . . . . . . . . . . . . Page 23 23 23 23 24 24 24 25 25 26 26 26 26 27 27 28 28 28 28: 28 29 29 30 30 31 Item Y —822 1 2 3 4 5 6 7 B 9 10 11 12 x ib " 'sn 8q1 omn13 cm u�nsSa414 �N: 0�n ga�mm�l5 016 < °nE 17 18 19 20 21 22 23 24 25 26 27 28 58. Designation of Address for Notice and Service . . . . . . . . . . . . . . 59. Service of Documents . . . . . . . . . . 60. Intervention After Judgment . . . . . . . 51. Loss of Rights . . . . . . . . . . . . . 62. Scope of Judgment . . . . . . . . . . . . 63. Judgment Binding on Successors 64. Costs . . . . . . . . . . . . . . . . . . EXHIBIT "A" -- Location Map of Chino Basin . . . . . . . EXHIBIT "B" -- Hydrologic Map of Chino Basin . . . . . . EXHIBIT "C" -- Parties With Overlying Agricultural Rights EXHIBIT "D" -= Parties With Overlying Non -Agricultural Rights . . . . . . . . . . . ... . . EXHIBIT "E" -- Appropriative Rights . . . . . . . . . . EXHIBIT "F" -- Overlying Agricultural Pooling Plan . . . EXHIBIT "G" -- Overlying Non -Agricultural Pooling Plan . EXHIBIT "H" -- Appropriative Pooling Plan . . . . . . . EXHIBIT "I" -- Engineering Appendix . . . . . . . . . . EXHIBIT "J" -- Map of In Lieu Area No. 1 . . . . . . . . EXHIBIT "K" -- Legal Description of Chino Basin . . . . iv. Page 31 31 32 32 32 32 33 34 35 36 60 61 62 65 68 79 82 83 Item Y —823 1 2 3 4 5 6 7 8 a z � o ae oN ge -^13' UUl 14 k nn ° _� 15 00 'mz 16 ❑g n� N- 17 18 19 20 21 22 23 25 �I ail 271 28 DONALD D. STARK A Professional Corporation Suite 201 Airport Plaza 2061 Business Center Drive Irvine, California 92715 Telephone: (714) 752-8971 CLAYSON, ROTHROCK & MANN 601 South Main Street Corona, California 91720 Telephone: (714) 737-1910 Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO CHINO BASIN MUNICIPAL WATER ) DISTRICT, ) Plaintiff, ) No. 164327 V. ) JUDCMENT CITY OF CHINO, et al. ) Defendants. ) I. INTRODUCTION 1. Pleadings, Parties and Jurisdiction. The complaint here- in was filed on January 2, 1975, seeking an adjudication of water rights, injunctive relief and the imposition of a physical solu- tion. A first amended complaint was filed on July 16, 1976. The defaults of certain defendants have been entered, and certain other defendants dismissed. Other than defendants who have been dismissed or whose defaults have been entered, all defendants have appeared herein. By answers and order of this Court, the issues have been made those of a full inter se adjudication hetween the Item Y -824 I parties. This Court has jurisdiction of the subject matter of 2 this action and of the parties herein. 3 2. Stipulation For Judgment. Stipulation for entry of 4 judgment has been filed by and an behalf of a majority of the 5 parties, representing a majority of the quantitative rights herein 6 adjudicated. 7 3., Trial; Findings and Conclusions. Trial was commenced on 8 December 16, 1977, as to the non -stipulating parties, and findings 9 of fact and conclusions of law have been entered disposing of the 10 issues in the case. 11 4. Definitions. As used in this Judgment, the following 12 terms shall have the meanings herein set forth: o 'P YF °� xa gym- 13 (a) Active Parties. All parties other than those who QP Mtn OWD, z„ 14 have filed with Watermaster a written waiver of service of LLci�kmLLp �°_J; 15 notices, pursuant to Paragraph 58. z° Zzh16 ❑a „� (b) Annual or Year -- A fiscal year, July 1 through < N R -- 17 June 30, following, unless the context shall clearly indicate 18 a contrary meaning. 19 (c) Appropriative Right -- The annual production right 20 of a producer from the Chino Basin other than pursuant to an 21 overlying right. 22 (d) Basin Water -- Ground water within Chino Basin which 23 is part of the Safe Yield, Operating safe Yield, or replen- 24 ishment water in the Basin as a result of operations under th 25 Physical Solution decreed herein. Said term does not include 26 Stored Water. 27 (e) CBMWD -- Plaintiff Chino Basin Municipal Water 28 District. -2- Item Y -825 2 3 a 5 0 1s 19 20 21 22 23 24 25 26 27 28 (f) Chino Basin or Basin -- The ground water basin underlying the area shown as such on Exhibit "B" and within the boundaries described in Exhibit "K". (g) Chino Basin Watershed -- The surface drainage area tributary to and overlying Chino Basin. (h) Ground Water -- Water beneath the surface of the ground and within the zone of saturation, i.e., below the existing water table. (i) Ground Water Basin -- An area underlain by one or more permeable formations capable of furnishing substantial water storage. (j) Minimal Producer -- Any producer whose production does not exceed five acre-feet per year. (k) MWD -- The Metropolitan Water District of Southern California. (1) Operating Safe Yield -- The annual amount of ground water which watermaster shall determine, pursuant to criteria specified in Exhibit "I", can be produced from Chino Basin by the Appropriative Pool parties free of replenishment obliga- tion under the Physical Solution herein. (m) Overdraft -- A condition wherein the total annual production from the Basin exceeds the Safe Yield thereof. (n) overlying Right -- The appurtenant right of an own of lands overlying Chino Basin to produce water from the Bas for overlying beneficial use on such lands. (a) Person. Any individual, partnership, association, •corporation, governmental entity or agency, or other organ- ization. -3- 0 Item Y -826 I 2 3 d 5 6 7 8 9 10 18 19 20 21 22 23 24 25 26 27 28 (p) PVMWD -- Defendant Pomona Valley Municipal Water District. (q) Produce or Produced -- To pump or extract ground water from Chino Basin. (r) Producer -- Any person who produces water from Chino. Basin. (s) Production -- Annual quantity, stated in acre feet, of water produced. (t) Public Hearing -- A hearing after notice to all parties and to any other person legally entitled to notice. (u) Reclaimed Water -- Water which, as a result of processing of waste water, is suitable for a controlled use. (v) Replenishment Water -- Supplemental water used to recharge the Basin pursuant to the Physical Solution, either directly by percolating the water into the Basin or indirectly by delivering the water for use in lieu of production and use of safe vield or operating Safe Yield. (w) Responsible Party -- The owner, co-owner, lessee or other person designated by multiple parties interested in a well as the person responsible for purposes of filing reports hereunder. (x) Safe Yield -- The long-term average annual quantity of ground water (excluding replenishment or stored water but including return flow to the Basin from use of replenishment or stored water) which can be produced from the Basin under cultural conditions of a particular year without causing an undesirable result. (y) SBVMWD -- San Bernardino Valley Municipal Water -4- Item Y —827 l 2 3 4 5 6, 7 8 9 10 11 12 XF �� mW_ 13 UN op Zm n "aCpd14 od�KeLLh ;4�g=u; 15 goo ❑mi-16 < Np 17 18 19 201 21 22 23 24 25 26 27 28 District. (z) State Water -- Supplemental Water imported through the State Water Resources Development System, pursuant to Chapter 8, Division 6, Part 6 of the Water Code. (aa) Stored Water -- Supplemental water held in storage, as a result of direct spreading, in lieu delivery, or other- wise, for subsequent withdrawal and use pursuant to agreement with Watermaster. (bb) Supplemental Water -- Includes both water imported to Chino Basin from outside Chino Basin Watershed, and re- claimed water. (cc) WMWD -- Defendant Western Municipal Water District of Riverside County. 5. List of Exhibits. The following exhibits are attached to this Judgment and made a• part hereof: "A" -- "Location Map of Chino Basin" showing boundaries of Chino Basin Municipal Water District, and other geographic and political features. "B" -- "Hydrologic Map of Chino Basin" showing hydrologic features of Chino Basin. Pool. "C" -- Table Showing Parties in Overlying (Agricultural) "D" -- Table Showing Parties in Overlying (Non- agricultural Pool and Their Rights. "E" -- Table Showing Appropriators and Their Rights. "F" -- Overlying (Agricultural) Pool Pooling Plan. "G" -- Overlying (Non-agricultural) Pool Pooling Plan. "H" -- Appropriative Pool Pooling Plan. -5- Item Y —828 1 2 3 4 5 6 7 8 9 10 11 12 `� I3 UM8 WWZi NsNUdN 14 nG��mLLa S h ;4emz4,7 15 5Z n o m=v16 < Np 17 18 19 20 21 22 23 24 25 26 27 28 Engineering Appendix. Map of In Lieu Area No. 1. Legal Description of Chino Basin. II. DECLARATION OF. RIGHTS A. HYDROLOGY 6. Safe Yield, The Safe Yield of Chino Basin is 140,000 acre feet per year. 7. Overdraft and Prescriptive Circumstances. In each year for a period in excess of five years prior to filing of the First Amended Complaint herein, the Safe Yield of the Basin has been exceeded by the annual production therefrom, and Chino Basin is and has been for more than five years in a continuous state of over- draft. The production constituting said overdraft has been open, notorious, continuous, adverse, hostile and under claim of right. The circumstances of said overdraft have given notice to all parties of the adverse nature of such aggregate over -production. B. WATER RIGHTS IN SAFE YIELD 8. Overlying Rights. The parties listed in Exhibits "C" and "D" are the owners or in possession of lands which overlie Chino Basin. As such, said parties'have exercised overlying water rights in Chino Basin. All overlying rights owned or exercised by parties listed in Exhibits "C" and "D" have, in the aggregate, bee limited by prescription except to the extent such rights have been preserved by self-help by said parties. Aggregate preserved overlying rights in the Safe Yield for agricultural pool use, including the rights of the State of California, total 82,800 acre feet per year. Overlying rights for non-agricultural pool use Item Y -829 I total 7,366 acre feet per year and are individually decreed for 2 each affected party in Exhibit "D". No portion of the Safe Yield 3 of Chino Basin exists to satisfy unexercised overlying rights, and 4 such rights have all been lost by prescription. However, uses may 5 be made of Basin Water on overlying lands which have no preserved 6 overlying rights pursuant to the Physical Solution herein. All 7 overlying rights are appurtenant to the land and cannot be assigned 8 or conveyed separate or apart therefrom. 9 19. Appropriative Rights. The parties listed in Exhibit "E" 10 are the owners of appropriative rights, including rights by pres- 11 cription, in the unadjusted amounts therein set forth, and by 0 12 reason thereof are entitled under the Physical Solution to share in 0 d �¢e 13 the remaining Safe Yield, after satisfaction of overlying rights aoj"op 14, and rights of the State of -'California, and in the Operating Safe gQmm=,^ 15 Yield in Chino Basin, in the annual shares set forth in Exhibit 0 o "J � ` o; -,; 16 "E,". f N 17 (a) Loss of Priorities. By reason of the long continued 18 overdraft in Chino Basin, and in light of the complexity of 19 determiningappropriative priorities and the need for con- 20 serving and making maximum beneficial use of the water re- 21 sources of the State, each and all of the parties listed in 22 Exhibit "E" are estopped and barred from asserting special 23 priorities or preferences, inter se. All of said appropri- 24 ative rights are accordingly deemed and considered of equal 25 priority. 26 (b) Nature and Quantity. All rights listed in Exhibit 27 "E" are appropriative and prescriptive in nature. By reason 28 of the status of the parties, and the provisions of Section -7- Item Y -830 1 2 3 a 5 6 7 8 9 10 11 12 x ip 0 13 uNnp zm1¢ u rc 20J�eLLn ga�m9�;15 0, m°y16 z o; m> � N� 17 is 19 20 21 22 2311 24 11 25 2s 11 27 28 1007 of the Civil Code, said rights are immune from reduction or limitation by prescription. 10. Rights of the State of California. The State of California, by and through its Department of Corrections, Youth Authority and Department of Fish and Game, is a significant pro- ducer of ground water from and the State is the largest owner of land overlying Chino Basin. The precise nature and scope of the claims and rights of the state need not be, and are not, defined herein. The State, through said departments, has accepted the Physical Solution herein decreed, in the interests of implementing the mandate of Section 2 of Article X of the California Constitu- tion. For all purposes of this Judgment, all future production by the State or its departments or agencies for overlying use on State-owned lands shall be considered as agricultural pool use. C. RIGHTS TO AVAMABLE GROUND WATER STORAGE CAPACITY 11. Available Ground Water Storage Capacity. There exists in Chino Basin a substantial amount of available ground water storage capacity which is not utilized for storage or regulation of Basin Waters. Said reservoir capacity can appropriately be utilized for storage and conjunctive use of supplemental water with Basin Waters. It is essential that said reservoir capacity utilization for storage and conjunctive use of supplemental water be undertaken only under 'Aatermaster control and regulation, in order to protect) the integrity of both such Stored Water and Basin Water in storage and the Safe Yield of Chino Basin. 12. Utilization of Available Ground Water Capacity. Any person or public entity, whether a party to this action or not, ma; make reasonable beneficial use of the available ground water EF:19 Item Y —831 1 2 3, 4 5 6 7 8 9 10 11 12 i �m 0 YF °" 13 (o(''moozm 14 E�J'yoLL� °o�ka7� 15 Co °Zy 16 ag m, < N� 17 20 21 22 23 24 25 26 27 28 storage capacity of Chino Basin for storage of supplemental water; provided that no such use shall be made except pursuant to written agreement with Watermaster, as authorized by Paragraph 28. In the allocation of such storage capacity, the needs and requirements of lands overlying Chino Basin and the owners of rights in the Safe Yield or Operating Safe Yield of the Basin shall have priority and preference over storage for export. III. INJUNCTION 13. Injunction Against Unauthorized Production of Basin Water. Each party in each of the respective pools is enjoined, as follows: (a) Overlying (Agricultural) Pool. Each party in the Overlying (Agricultural) Pool, its officers, agents, employees successors and assigns, is and they each are ENJOINED AND RESTRAINED from producing ground water from Chino Basin in any year hereafter in excess of such party's correlative share of the aggregate of B2,B00 acre feet allocated to said Pool, except pursuant to the Physical Solution or a storage water agreement. (b) Overlying (Non -Agricultural) Pool. Each party in the overlying (Non-agricultural) Pool, its officers, agents, employees, successors and assigns, is and they each are ENJOINED AND RESTRAINED from producing ground water of Chino Basin in any year hereafter in excess of such party's decreed rights in the Safe Yield, except pursuant to the provisions o the Physical Solution or a storage water agreement. (c) Appropriative Pool. Each party in the -9- Item Y —832 1 2 3 4 5 8 7 8 91 10 11 18 191 M 21 22 23 24 25 26 271 Q] Appropriative Pool, its officers, agents, employees, success and assigns, is and they are each ENJOINED AND RESTRAINED fr producing ground water of Chino Basin in any year hereafter i excess of such party's decreed share of Operating Safe Yield, except pursuant to the provisions of the Physical Solution or a storage water agreement. 14. Injunction Against Unauthorized Storage or Withdrawal of Stored Water. Each party, its officers, agents, employees, successors and assigns is and they each are ENJOINED AND RESTRAI from storing supplemental water in Chino Basin for withdrawal, or causing withdrawal of, water stored by that party, except pursuant to the terms of a written agreement with Watermaster and in accordance with Watermaster regulations. Any supplemental water stored or recharged in the Basin, except pursuant to such a Water - master agreement, shall'be deemed abandoned and not classified as Stored Water. This paragraph has no application, as such, to supplemental water spread or provided in lieu by Watermaster pur- suant to the Physical Solution. IV. CONTINUING JURISDICTION 15. Continuing Jurisdiction. Full jurisdiction, power and authority are retained and reserved to the Court as to all matters contained in this judgment, except: (a) The redetermination of Safe Yield, as set forth in Paragraph 6, during the first ten (10) years of operation of the Physical Solution; (b) The allocation of Safe Yield as between the several pools as set forth in Paragraph 44 of the Physical Solution; -10- Item Y —833 1 2 3 4 5 6 7 8 9 10 11 12 �n =� n m ¢g Ern Ci u�m°p�zm14 Ou o l O H n b uJ g¢°-m""15. z ® n n 0`o miV 16 S N� 17 181 191 21 22 23 24 25 26 27 W1 (c) The determination of specific quantitative rights and shares in the declared Safe Yield or operating Safe Yield herein declared in Exhibits "D" and "E"; and (d) The amendment or modification of Paragraphs 7(a) a (b) of Exhibit "H", during the first ten (10) years of oper- ation of the Physical Solution, and thereafter only upon affirmative recommendation of at least 57% of the voting power (determined pursuant to the formula described in Paragraph 3 of Exhibit "H"), but not less than one-third of the members of the Appropriative Pool Committee representatives of parties who produce water within CBMWD or WMWD; after said tenth year the formula set forth in said Paragraph 7(a) and 7(b) of Exhibit "H" for payment of the costs of replenishment water may be changed to 100%, gross or net, or any percentage split thereof, but only in response to recommendation to the Court by affirmative vote of at least 67% of said voting power of the Appropriative Pool representatives of parties who produce ground water within CBP1[^1D or WMWD, but not less than one-third of their number. In such event, the Court shall act in con- formance with such recommendation unless there are compelling reasons to the contrary; and provided, further, that the fact that the allocation of Safe Yield or operating Safe Yield shares may be rendered moot by a recommended change -in the formula for replenishment assessments shall not be deemed to be such a "compelling reason." said continuing jurisdiction is provided for the purpose of en- abling the Court, upon application of any party, the Watermaster, the Advisory Committee or any Pool Committee, by motion and, upon -11- Item Y -834 31 6 6 7 a 9 '10 11, 19 19 20 21 22 23 24 25 26 27 28 at least 30 days' notice thereof, and after hearing thereon, to make such further or supplemental orders or directions as may be necessary or appropriate for interpretation, enforcement or carry- ing out of this Judgment, and to modify, amend or amplify any of the provisions of this Judgment. V. A. APPOINTMENT 16. Watermaster Appointment. CBMWD, acting by and through a majority of its board of directors, is hereby appointed Water - master, to administer and enforce the provisions of this Judgment and any subsequent instructions or orders of the Court hereunder. The term of appointment of Watermaster shall be for five (5) years. The Court will by subsequent' orders provide for successive terms or for a successor Watermaster. Watermaster may be changed at any time by subsequent order of the Court, on its own motion, or on the motion of any party after notice and hearing. Unless there are compelling reasons to the contrary, the Court shall act in con- formance with a motion requesting the Watermaster be changed if such motion is supported by a majority of the voting power of the Advisory Committee. B. POWERS AND DUTIES 17. Powers and Duties. Subject to the continuing supervisi and control of the Court, Watermaster shall have and may exercise the express powers, and shall perform the duties, as provided in this Judgment or hereafter ordered or authorized by the Court in the exercise of the Court's continuing jurisdiction. 18. Rules and Regulations. Upon recommendation by the -12- Item Y —835 1 2 3 4 5 6 7 8 91 10 11 12 e eo ON m_13 �aE_�5m u rAapM2914 u iG .+neLL� 15 g0 a?y16 6 Q s as 17 18 19 20 21i 22 23 24 25 261 271 28 Advisory Committee, Watermaster shall make and adopt, after public hearing, appropriate rules and regulations for conduct of Water - master affairs, including meeting schedules and procedures, and compensation of members of Watermaster at not to exceed $25 per member per meeting, or $300 per member per year, whichever is less, plus reasonable expenses related to activities within the Basin. Thereafter, Watermaster may amend said rules from time to time upon recommendation, or with approval of the Advisory Committee after hearing noticed to all active parties. A copy of said rules and regulations, and of any amendments thereof, shall be mailed to each active party. 19. Acquisition of Facilities. Watermaster may purchase, lease, acquire and hold all necessary facilities and equipment,-' provided, that it is not the intent of the Court that Watermaster acquire any interest in -real property or substantial capital assets. 20. Employment of Experts and Agents. Watermaster may employ or retain such administrative, engineering, geologic, accounting, legal or other specialized personnel and consultants as may be deemed appropriate in the carrying out of its powers and shall require appropriate bonds from all officers and employees handling Watermaster funds. Watermaster shall maintain records for purposes of allocation of costs of such services as well as of all other expenses of Watermaster administration as between the several) pools established by the Physical Solution. 21. Measuring Devices. Watermaster shall cause parties, pursuant to uniform rules, to install and maintain in good opera- ting condition, at the cost of each party, such necessary measuring -13- Item Y -836 1 2 3 d 5 6 7 0 a ZO Z1 12 2 �D YF pa 131 �b�yyQ� ah UNeo ZDla o7h 3,,o3:K^15 SZFm:�s 0 m�V 16 a; og 17 18 19 20 21 22 23 24 25 26 27 28 devices or meters as Watermaster may deem appropriate. Such measuring devices shall be inspected and tested as deemed necessary by Watermaster, and the cost thereof shall constitute an expense of Watermaster. 22. Assessments. Watermaster is empowered to levy and collect all assessments provided for in the pooling plans and Physical Solution. 23. Investment of Funds. Watermaster may hold and invest any and all Watermaster funds in investments authorized from time to time for public agencies of the State of California. 24. Borrowing. Watermaster may borrow from time to time amounts not exceeding the annual anticipated receipts of Water - master during such year. 25. Contracts. Watermaster may enter into contracts for the performance of any powers herein granted; provided, however, that- Watermaster may not contract with or purchase materials, supplies or services from CBMWD, except upon the prior recommendation and approval of the Advisory Committee and pursuant to written order of the Court. 26. Cooperation With Other Agencies. Subject to prior recommendation or approval of the Advisory Committee, Watermaster may act jointly or cooperate with agencies of the United States and the State of California or any political subdivisions, munici- palities or districts or any person to the end that the purpose of the Physical Solution may be fully and economically carried out. 27. Studies. Watermaster may, with concurrence of the Advisory Committee or affected Pool Committee and in accordance with Paragraph 54(b), undertake relevant studies of hydrologic -14- Item Y -837 1 2 3 4 5 6 7 8 9 10 11 12 z yo YF �� ®N¢'G=m 14 LL O J N 4 15 5 „ u 00 M U; 16 < N � 17 18 19 20 21 22 23 24 25 26 27 28 conditions, both quantitative and qualitative, and operating aspects of implementation of the management program for Chino Basin. 28. Ground Water Storage Agreements. Watermaster shall adopt, with the approval of the Advisory Committee, uniformly applicable rules and a standard form of agreement for storage of supplemental water, pursuant to criteria therefor set forth in Exhibit "I". Upon appropriate application by any person, Water - master shall enter into such a storage agreement; provided that all. such storage agreements shall first be approved by written order of the Court, and shall by their terms preclude operations which will have a substantial adverse impact on other producers. 29. Accounting for Stored Water. Watermaster shall calculate additions, extractions and losses and maintain an annual account of all Stored Water in Chino Basin, and any losses of water supplies or Safe Yield of Chino Basin resulting from such Stored Water. 30. Annual Administrative Budget. Watermaster shall submit to Advisory Committee an administrative budget and recommendation for each fiscal year on or before March 1. The Advisory Committee shall review and submit said budget and their recommendations to Watermaster on or before April 1, following. Watermaster shall hold a public hearing on said budget at its April quarterly meetin and adopt the annual administrative budget which shall include the administrative items for each pool committee. The administrative budget shall set forth budgeted items in sufficient detail as necessary to make a proper allocation of the expense among the several pools, together with Watermaster's proposed allocation. The budget shall contain such additional comparative information -15- Item Y —838 2 3 4 5 6 7 8 9 10 11 12 iti� om_13 <R °865'zm 14 �G Unuan o .K°1n gat"cu315 0`o mz`16, Oa m? t Np 17 18 19 20 21 22 23 24 !, 25 26 27 28 or explanation as the Advisory Committee may recommend from time to time. Expenditures within budgeted items may thereafter be made by Watermaster in the exercise of powers herein granted, as a matter of course. Any budget transfer in excess of 20% of a budget category during any budget year or modification of such administrative budget during any year shall be first submitted to the Advisory Committee for review and recommendation. 31. Review Procedures. All actions, decisions or rules of Watermaster shall be subject to review by the Court on its own motion or on timely motion by any party, the Watermaster (in the case of a mandated action), the Advisory Committee, or any Pool Committee, as follows: (a) Effective Date of Watermaster Action. Any action, decision or rule of Watermaster shall be deemed to have occurred or beem enacted on the date on which written notice thereof is mailed. Mailing of copies of approved Watermaster minutes to the active parties shall constitute such notice to all parties. (b) Noticed Motion. Any party, the Watermaster (as to any mandated action), the Advisory Committee, or any Pool committee may, by a regularly noticed motion, apply to the Court for review of any Watermaster's action, decision or rule. Notice of such motion shall be served personally or mailed to Watermaster and to all active parties. Unless otherwise ordered by the Court, such motion shall not operate to stay the effect 'of such Watermaster action, decision or rule. -16- Item Y —839 2 3 A 5 6 7 8 9 10 11 12 e pN Y'F x3 0_ 13i �Fg gt u 10a p'USm 14 V Y 6 <a%mm5s15 ,yC md� og z 16 0 "m> l N � 17 18 19 20 21 22 23 24 25 26 27 281 (c) Time for Motion. Notice of motion to review any Watermaster action, decision or rule shall be served and filed within ninety (90) days after such Watermaster action, de- cision or rule, except for budget actions, in which event said notice period shall be sixty (60) days. (d) De Novo Nature of Proceedings. Upon the filing of any such motion, the Court shall require the moving party to notify the active parties, the Watermaster, the Advisory Committee and each Pool Committee, of a date for taking evidence and argument, and on the date so designated shall review de novo the question at issue. Watermaster's findings or decision, if any, may be received in evidence at said hearing, but shall not constitute presumptive or prima facie proof of any fact in issue. (e) Decision.. The decision of the Court in such proc ing shall be an appealable supplemental order in this case. When the same is final, it shall be binding upon the Water - master and all parties. C. ADVISORY AND POOL COMMITTEES 32. Authorization. Watermaster is authorized and directed to cause committees of producer representatives to be organized to act as Pool Committees for each of the several pools created under the Physical Solution. Said Pool Committees shall, in turn, jointly form an Advisory Committee to assist Watermaster in per- formance of its functions under this judgment. Pool Committees shall be composed as specified in the respective pooling plans, and the Advisory Committee shall be composed of not to exceed ten (10) voting representatives from each pool, as designated by the -17- Item Y —840 1 2' 3 4 5 6 7 8 9 10 11 12 n go 6N u�u0d9m 14 aO,,Ne�m 3am`ug15 0 0a mzn7,5 O' Ow [ N6 17, 18 19 20 21 22 23 24 25 26 27 28 respective Pool Committee. WMWD, PVMWD and SSVMWD shall each be entitled to one non -voting representative on said Advisory Com- mittee. 33. Term and Vacancies. Members of any Pool Committee, shal serve for the term, and vacancies shall be filled, as specified in the respective pooling plan. Members of the Advisory Committee shall serve at the will of their respective Pool Committee. 34. Voting Power. The voting power on each Pool Committee shall be allocated as provided in the respective pooling plan. Tt voting power on the Advisory Committee shall be one hundred (100) votes allocated among the three pools in proportion to the total assessments paid to Watermaster during the preceding year; pro- vided, that the minimum voting power of each pool shall be (a) Overlying (Agricultural) Pool 20, (b) Overlying (Non-agricultural) Pool 5, and (c) Appropriative Pool 20. In the event any pool is reduced to its said minimum vote, the re- maining votes shall be allocated between the remaining pools on said basis of assessments paid to Watermaster by each such remain- ing pool during the preceding year. The method of exercise of each pool's voting power on the Advisory Committee shall be as determined by the respective pool committees. 35. Quorum. A majority of the voting power of the Advisory Committee or any Pool Committee shall constitute a quorum for the transaction of affairs of such Advisory or Pool Committee; pro- vided, that at least one representative of each Pool Committee shall be required to constitute a quorum of the Advisory Committee. No Pool Committee representative may purposely absent himself or aRE Item Y —841 1 2 3 5 6 7 8 9 10 11 12 a qe ON �a m 13 Qg En "yn5E*14 3o�m=�Q15 a¢o au_ �z� o= m=C ❑6 6—, 16' 15 17 18 19 201 21 22 23 24 25 26 27 28 herself, without good cause, from an Advisory Committee meeting to deprive it of a quorum. Action by affirmative vote of a majority of the entire voting power of any Pool Committee or the Advisory Committee shall constitute action by such committee. Any action or recommendation of a Pool Committee or the Advisory Committee shall be transmitted to Watermaster in writing, together with a report of any dissenting vote or opinion. 36. Compensation. Pool or Advisory Committee members may receive compensation, to be established by the respective pooling plan, but not to exceed twenty-five dollars ($25.00) for each meeting of such Pool or Advisory Committee attended, and provided that no member of a Pool or Advisory Committee shall receive compensation of more than three hundred (S300.00) dollars for service on any such committee during any one year. All such com- pensation shall be a part of Watermaster administrative expense. No member of any Pool or Advisory Committee shall be employed by Watermaster or compensated by Watermaster for professional or other services rendered to such Pool or Advisory Committee or to Water - master, other than the fee for attendance at meetings herein provided, plus reimbursement of reasonable expenses related to activities within the Basin. 37. Organization. (a) organizational Meeting. At its first meeting in each year, each Pool Committee and the Advisory Committee shall elect a chairperson and a vice chairperson from its membership. it shall also select a secretary, a treasurer and such assistant secretaries and treasurers as may be appropriate, any of whom may, but need not, be members of -19- Item Y -842 I such Pool or Advisory Committee. ' 2 (b) Regular Meetings. All Pool Committees and the 3 Advisory Committee shall hold regular meetings at a place and a time to be specified in the rules to be adopted by each Pool 5 and Advisory Committee. Notice of regular meetings of any 6 Pool or Advisory Committee, and of any change in time or 7 place thereof, shall be mailed to all active parties in said a pool or pools. 9 (c) Special Meetings. Special meetings of any Pool or 10 Advisory Committee may be called at any time by the Chair- 11 person or by any three (3) members of such Pool or Advisory 12 Committee by delivering notice personally or by mail to each o '= om_ 13 member of such Pool or Advisory Committee and to each active VIngod 914 4 party at least 24 hours before the time of each such meeting 0 °s=ggke-j" ;9=<; 15 in the case of personal delivery, and 96 hours in the case of gn mZ^ eg m_ 16 mail. The calling notice shall specify the time and place of NQ � 17 the special meeting and the business to be transacted. No 18 other business shall be considered at such meeting. 19 (d) Minutes. Minutes of all Pool Committee, Advisory 20 Committee and Watermaster meetings shall be kept at Water- 21 master's offices. Copies thereof shall be mailed or otherwise 22 furnished to all active parties in the pool or pools con- 23 cerned. Said copies of minutes shall constitute notice of an} 24 Pool or Advisory Committee action therein reported, and shall 25 be available for inspection by any party. 26 (e) Adjournments. Any meeting of any Pool or Advisory 27 Committee may be adjourned to a time and place specified in 28 the order of adjournment. Less than a quorum may so adjourn -20- Item Y -843 1 2 3 4 5 6 7 8 9 9r a� °v 13 ae •�� Bye y pZ�14 6 ORB gQo0-;15 16 �6 m? < N� 17 18 19 20 21 22 23 24 25 26 27 28 from time to time. A copy of the order or notice of adjourn- ment shall be conspicuously posted forthwith on or near the door of the place where the meeting was held. 38. Powers and Functions. The powers and functions of the respective Pool Committees and the Advisory Committee shall be as follows: (a) Pool Committees. Each Pool Committee shall have the power and responsibility for developing policy recommendations for administration of its particular pool, as created under the Physical Solution. All actions and recommendations of any Pool Committee which require Watermaster implementation shall first be noticed to the other two pools. If no objection is received in writing within thirty (30) days, such action or recommendation shall be transmitted directly to Watermaster for action. If any such objection is received, such action recommendation shall be reported to the Advisory Committee before being transmitted to Watermaster. (b) Advisory Committee. The Advisory Committee shall have the duty to study, and the power to recommend, review and act upon all discretionary determinations made or to be made hereunder by Watermaster. [1] Committee Initiative.' When any recommendation or advice of the Advisory Committee is received by Watermaster, action consistent therewith may be taken by Watermaster; provided, that any recommendation approved by 80 votes or more in the Advisory Committee shall constitute a mandate for action by Watermaster consisten therewith. If Watermaster is unwilling or unable to act -21- Item Y -844 1 2 31 4 5 6 71 8 9 10 11 12 z so on z r zm 14 EOEN�ue 39-n=;I;15 Jam Non 00 'miy16 < Np 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to recommendation or advice from the Advisory Committee (other than such mandatory recommendations), Watermaster shall hold a public hearing, which shall be followed by written findings and decision. Thereafter, Watermaster may act in accordance with said decision, whether consistent with or contrary to said Advisory Committee recommendation. Such action shall be subject to review by the Court, as in the case of all other Watermaster determinations. [21 Committee Review. In the event Watermaster proposes to take any discretionary action, other than approval or disapproval of a Pool Committee action or recommendation properly transmitted, or execute any agreement not theretofore within the scope of an Advisor Committee recommendation, notice of such intended action shall be served on the Advisory Committee and its member at least thirty (3o) days before the Watermaster meeting at which such action is finally authorized. (c) Review of Watermaster Actions. Watermaster (as to mandated action), the Advisory Committee or any Pool Committe shall be entitled to employ counsel and expert assistance in the event Watermaster or such Pool or Advisory Committee seek Court review of any Watermaster action or failure to act. Th cost of such counsel and expert assistance shall be Water - master expense to be allocated to the affected pool or pools. _22- Item Y —845 1 2 3 4 5 6 7 B 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 VI. PHYSICAL SOLUTION A. GENERAL 39. Purpose and Objective. Pursuant to the mandate of Section 2 of Article X of the California Constitution, the Court hereby adopts and orders the parties to comply with a Physical Solution. The purpose of these provisions is to establish a legal and practical means for making the maximum reasonable beneficial use of the waters of Chino Basin by providing the optimum economic, long-term, conjunctive utilization of surface waters, ground waters and supplemental water, to meet the requirements of water users having rights in or dependent upon Chino Basin. 40. Need for Flexibility. It is essential that this Physical Solution provide maximum flexibility and adaptability in order that Watermaster and the Court may be free to use existing and future technological, social, institutional and economic options, in order to maximize beneficial use of the waters of Chino Basin. To that end, the Court's retained jurisdiction will be utilized, where appropriate, to supplement the discretion herein granted to the Wastermaster. 41. Watermaster Control. Watermaster, with the advice of Advisory and Pool Committees, is granted discretionary powers in order to develop an optimum basin management program for Chino Basin, including both water quantity and quality considerations. Withdrawals and supplemental water replenishment of Basin Water, and the full utilization of the water resources of Chino Basin, must be subject to procedures established by and administered through Watermaster with the advice and assistance of the Advisory and Pool Committees composed of the affected producers. Both the -23- Item Y —846 1 2 3 a 5 6 7 8 9 10 11 12 = ^ 5 0 U iQ OU b m 4 'a 1 W 4 U H E p iCn g�emxg^15 09 mzy16 o; m; arc 17 18 19 20 21 22 23 24 25 26 27 28 quantity and quality of said water resources may thereby be pre- served and the beneficial utilization of the Basin maximized. 42. General Pattern of Operations. It is contemplated that the rights herein decreed will be divided into three (3) operating pools for purposes of Watermaster administration. A fundamental premise of the Physical Solution is that all water users dependent upon Chino Basin will be allowed to pump sufficient waters from the Basin .to meet their requirements. To the extent that pumping exceeds the share of the Safe Yield assigned to the Overlying Pools, or the Operating Safe Yield in the case of the Appropriative Pool, each pool will provide funds to enable Watermaster to replace such overproduction. The method of assessment in each pool shall be as set forth in the applicable pooling plan. B: POOLING 43. Multiple Pools -Established. There are hereby established three (3) pools for Watermaster administration of, and for the allocation of responsibility for, and payment of, costs of re- plenishment water and other aspects of this Physical Solution. (a) Overlying (Agricultural) Pool. The first pool shall consist of the State of California and all overlying producers) who produce water for other than industrial or commercial purposes. The initial members of the pool are listed in Exhibit "C". (b) Overlying (Non-agricultural) Pool. The second pool shall consist of overlying producers who produce water for industrial or commercial purposes. The initial members of this pool are listed in Exhibit "D". (c) Appropriative Pool. A third and separate pool shall -24- Item Y —847 1 2 3 4 5 6 7 8 9 10 11 12 x �o a� om_13 �6f �n eo3zzO 14 V 6 Ili, ❑ V N U f f. =ia15 zF 0Lj og m; 16 N¢ 17' 18i 19' 20 21 22 23 24 25 26 27 28 consist of owners of appropriative rights. The initial members of the pool are listed in Exhibit "E". Any party who changes the character of his use may, by sub- sequent order of the Court, be reassigned to the proper pool; but the allocation of Safe Yield under Paragraph 44 hereof shall not b changed. Any non-party producer or any person who may hereafter commence production of water from Chino Basin, and who may become party to this physical solution by intervention, shall be assigned to the proper pool by the order of the Court authorizing such intervention. 44. Determination and Allocation of Rights to Safe Yield of Chino Basin. The declared Safe.Yield of Chino Basin is hereby allocated as follows: Pool Overlying (Agricultural) Pool Overlying (Non-agricultural) Pool. Allocation 414,000 acre feet in any five (5) consecutive years. 7,366 acre feet per year. Appropriative Pool 49,834 acre feet per year. The foregoing acre foot allocations to the overlying pools fixed. Any subsequent change in the Safe Yield shall be debited credited to the Appropriative Pool. Basin Water available to the Appropriative Pool without replenishment obligation may vary from year to year as the Operating Safe Yield is determined by Water - master pursuant to the criteria set forth in Exhibit "I". 45. Annual Replenishment. Watermaster shall levy and collect assessments in each year, pursuant to the respective pooling plans, in amounts sufficient to purchase replenishment water to replace production by any pool during the preceding year which exceeds tha -25- Item Y -848 1 2 3 4 5 6 7 8 9 10 11 12 Z �P rc am_13 �F�S^m o;o,m0 14 °.tto U.a4 15 Sa - mgu- zS maC 16 13 2 °� % 0 0 i N� 17 18 19i 20 21 22 23 24 25 26 271 281 pool's allocated share of Safe Yield in the case of the overlying pools, or operating Safe Yield in the case of the Appropriative Pool. It is anticipated that supplemental water for replenishment of Chino Basin may be available at different rates to the various pools to meet their replenishment obligations. If such is the case, each pool will be assessed only that amount necessary for the cost of replenishment water to that pool, at the rate available to the pool, to meet its replenishment obligation. 46. Initial Pooling Plans. The initial pooling plans, which are hereby adopted, are set forth in Exhibits "F", "G" and "H", respectively. Unless and until modified by amendment of the judgment pursuant to,the Court's continuing jurisdiction, each such plan shall control operation of the subject pool, C. REPORTS AND ACCOUNTING 47. Production Reports. Each party or responsible party shall file periodically with Watermaster, pursuant to Watermaster rules, a report on a form to be prescribed by Watermaster showing the total production of such party during the preceding reportage period, and such additional information as Watermaster may requir including any information specified by the affected Pool Com- mittee. 48. Watermaster Reports and Accounting. Watermaster's annual report, which shall be filed on or before November 15 of each year and shall apply to the preceding year's operation, shall contain details as to operation of each of the pools and a certi- fied audit of all assessments and expenditures pursuant to this Physical Solution and a review of Watermaster activities. -26- Item Y -849 I D. REPLENISHMENT 2 49. Sources of Supplemental Water. Supplemental water may be 3 obtained by Watermaster from any available source. Watermaster d shall seek to obtain the best available quality of supplemental 5 water at the most reasonable cost for recharge in the Basin. To 6 the extent that costs of replenishment water may vary between 7 pools, each pool shall be liable only for the costs attributable to 8 its required replenishment. Available sources may include, but are 9 not limited to: 10 (a) Reclaimed Water. There exist a series of agreements 11 generally denominated the Regional Waste Water Agreements 12 between CBMWD and owners of the major municipal sewer systems m oN within the basin. Under those agreements, which are recog- ¢g o�NUon 14 nized hereby but shall be unaffected and unimpaired by this °azsen 16 judgment, substantial quantities of reclaimed water may be gaeme5, mz` o; mg 16 made available for replenishment purposes. There are addi- s n� 17 tional sources of reclaimed water which are, or may become, 18 available to Watermaster for said purposes. Maximum benefi- 19 cial use of reclaimed water shall be given high priority by 20 Watermaster. 21 (b) State Water. State water constitutes a major 22 available supply of supplemental water. In the case of State 23 Water, Watermaster purchases shall comply with the water 24 service provisions of the State's water service contracts. 25 More specifically, Watermaster shall purchase State Water from 26 MWD for replenishment of excess production within CBMWD, WMWD �7 and PVMWD, and from SBVMWD to replenish excess production 28 within SBVMWD's boundaries in Chino Basin, except to the -27- Item Y -850 I 7i 8 9 10 11 12 o sa =a om_13 ®�gd Z- m 14 6� p �N 15 Oo miv 16 cd m; � Np 17 1B 19 201 21 22 23 24 25 26 27 28 extent that MWD and SBVMWD give their consent as required by such State water service contracts. (c) ,Local Import. There exist facilities and methods for importation of surface and ground water supplies from adjacent basins and watersheds. (d) Colorado River Supplies. MWD has water supplies available from its Colorado River Aqueduct. 50. Methods of Replenishment. Watermaster may accomplish replenishment of overproduction from the Basin by any reasonable method, including: (a) Spreading and percolation or Injection of water in existing or new facilities, subject to the provisions of Paragraphs 19, 25 and 26 hereof. (b) In Lieu Procedures. Watermaster may make, or cause to be made, deliveries of water for direct surface use, in lieu of ground water production. E. REVENUES 51. Production Assessment. Production assessments, on what- ever basis, may be levied by Watermaster pursuant to the pooling plan adopted for the applicable pool. 52. Minimal Producers. Minimal Producers shall be exempted from payment of production assessments, upon filing of production reports as provided in Paragraph 47 of this Judgment, and payment of an annual five dollar ($5.00) administrative fee as specified b Watermaster rules. 53. Assessment Proceeds -- Purposes. Watermaster shall have the power to levy assessments against the parties (other than minimal pumpers) based upon production during the preceding period -28- I Item Y -851 1 2 3 4 5. 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25' 26 27 28 of assessable production, whether quarterly, semi-annually or annually, as may be determined most practical by Watermaster or the affected Pool Committee. 54. Administrative Expenses. The expenses of administration of this Physical Solution shall be categorized as either (a) gen- eral Watermaster administrative expense, or (b) special project expense. (a) General Watermaster Administrative Expense shall include office rental, general personnel expense, supplies a office equipment, and related incidental expense and general overhead. (b) Special Project Expense shall consist of special engineering, economic or other studies, litigation expense, meter testing or other major operating expenses. Each such project shall be assigned a Task Order number and shall be separately budgeted and accounted for. General Watermaster administrative expense shall be allocated and assessed against the respective pools based upon allocations made by the Watermaster, who shall make such allocations based upon generally accepted cost accounting methods. special Project Expense shall be allocated to a specific pool, or any portion there of, only upon the basis of prior express assent and finding of benefit by the Pool Committee, or pursuant to written order of the Court. 55. Assessments -- Procedure. Assessments herein provided for shall be levied and collected as follows: (a) Notice of Assessment. Watermaster shall give written notice of all applicable assessments to each party on -29- Item Y -852 1 2 3 4 5 6 7 8 9 10 11 o ,n 12 YF 5ua a ggzm LL eu..14 0 �n O 7 g¢�mmu`915 m Oo m?tit 016 ❑; � � Np 17 18 19 20 21 22 231 24 25 26 27 28 or before ninety (90) days after the end of the production period to which such assessment is applicable. (b) Payment. Each assessment shall be payable on or before thirty (30) days after notice, and shall be the ob- ligation of the party or successor owning the water productioi facility at the time written notice of assessment is given, unless prior arrangement for payment by others has been made in writing and filed with Watermaster. (c) Delinquency. Any delinquent assessment shall bear interest at 10% per annum (or such greater rate as shall equa: the average current cost of borrowed funds to the Watermaster) from the due date thereof. Such delinquent assessment and interest may be collected in a show -cause proceeding herein instituted by the Watermaster, in which case the Court may allow Watermaster its reasonable costs of collection, includ- ing attorney's fees. 56. Accumulation of Replenishment Water Assessment Proceeds. In order to minimize fluctuation in assessment and to give Water - master flexibility in purchase and spreading of replenishment water, Watermaster may make reasonable accumulations of replen- ishment water assessment proceeds. interest earned on such re- tained funds shall be added to the account of the pool from which the funds were collected and shall be applied only to the purchase of replenishment water. 57. Effective Date. The effective date for accounting and operation under this Physical Solution shall be July 1, 1977, and the first production assessments hereunder shall be due after July 1, 1978, Watermaster shall, however, require installation of -3'0- Item Y -853 1 2 3 4 5 6 7 8 9 10 11 12 z 'gin a ¢h 13 UmpNso�la p LL 15 goo nz 16 og "my t N R 17 18 19 20 21 22 23 24 25 26 27 28 meters or measuring devices and establish operating procedures immediately, and the costs of such Watermaster activity (not including the cost of such meters and measuring devices) may be recovered in the first administrative assessment in 1978. VII. MISCELLANEOUS PROVISIONS 58. Designation of Address for Notice and Service. Each party shall designate the name and address to be used for purposes of all subsequent notices and service herein, either by its en- dorsement on the Stipulation for Judgment or by a separate desig- nation to be filed within thirty (30) days after Judgment has been served. Said designation may be changed from time to time by filing a written notice of such change with the Watermaster. Any party desiring to be relieved of receiving notices of Watermaster or committee activity may file a waiver of notice on a form to be provided by Watermaster. Thereafter such party shall be removed from the Active Party list. Watermaster shall maintain at all times a current list of active parties and their addresses for purposes of service. Watermaster shall also maintain a full current list of names and addresses of all parties or their suc- cessors, as filed herein. Copies of such lists shall be available, without cost, to any party, the Advisory Committee or any Pool Committee upon written request therefor. 59. Service of Documents. Delivery to or service upon any party or active party by the Watermaster, by any other party, or by the Court, of any item required to be served upon or delivered to such party or active party under or pursuant to the Judgment shall be made personally or by deposit in the United States mail, first -31- Item Y —854 1 2 3 4 5 6 7 0 9 10 11 18 19 201 211 22 23 24 25 26 27 28 class, postage prepaid, addressed to the designee and at the address in the latest designation filed by such party or active party. 60. Intervention After Judgment. Any non-party assignee of the adjudicated appropriative rights of any appropriator, or any other person newly proposing to produce water from Chino Basin, m become a party to this judgment upon filing a petition in inter- vention. Said intervention must be confirmed by order of this Court. Such intervenor shall thereafter be a party bound by this judgment and entitled to the rights and privileges accorded under the Physical Solution herein, through the pool to which the Court shall assign such intervenor. 61. Loss of Rights. Loss, whether by abandonment, forfeiture or otherwise, of any right herein adjudicated shall be accomplished only (1) by a written election by the owner of the right filed with Watermaster, or (2) by order of the Court upon noticed motion and after hearing. 62. Scope of Judgment. Nothing in this Judgment shall be deemed to preclude or limit any party in the assertion against a neighboring party of any cause of action now existing or hereafter arising based upon injury, damage or depletion of water supply available to such party, proximately caused by nearby pumping whic'. constitutes an unreasonable interference with such complaining party's ability to extract ground water. 63. Judgment Binding on Successors. This Judgment and all provisions thereof are applicable to and binding upon not only the parties to this action, but also upon their respective heirs, executors, administrators, successors, assigns, lessees and -32- Item Y -855 11 2 3 4 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 licensees and upon the agents, employees and attorneys in fact of all such persons. 64. Costs. No party shall recover any costs in this pro- ceeding from any other party. Dated: JAN 27 19 sl -33- t• Judge Item Y -856 Item Y —857 3 00 00 ru u ur�ew� aartw tnwtut. w, E%N1911 e 0 STIPULaTING OVERLYING AGRICULTURAL PRODUCERS STATE OF CALIFORNIA Aphessetche, Xavier 2 COUNTY OF SAN BERNARDINO Arena Mutual Water. Assn. 3 Abacherli Dairy, Inc. Armstrong Nurseries,'Inc. 4 Abacherli, Frank Arretche, Frank 5 Abacherli, Shirley Arretche, Jean Pierre 6 Abbona, Anna Arvidson, Clarence F. 7 Abbona, James Arvidson, Florence 8 Abbona, Jim Ashley, George W. 9 Abbona, Mary Ashley, Pearl E. 10 Agliani, Amelia H. Atlas Farms .11 Agmin, Inc. Atlas Ornamental Iron Works, Inc. 12 Aguerre, Louis B. Aukeman, Carol z 0 as pew Qm_ 13 Ahmanson Trust Co. Aukeman, Lewis '? G•ohy 14 Akiyama, Shizuye Ayers, Kenneth C., aka LLOpJ Dlfl Sa 6w9Kv 15 Akiyama, Tomoo Kelley Ayers V o0 a� Z; ny 16 Akkerman, Dave Bachoc, Raymond < ry� 17 Albers, J. N. Baldwin, Edgar A. 1S Albers, Nellie Baldwin, Lester 19 Alewyn, Jake J. Banbury, Carolyn 20 Alewyn, Normalee Bangma Dairy 21 Alger, Mary D. Bangma, Arthur 22 Alger, Raymond, Bangma, Ida 23 Allen, Ben F. Bangma, Martin 24 Allen, Jane F. Bangma, Sam 25 Alta -Dena Dairy Barba, Anthony B. 26 Anderson Farms Barba, Frank 27 Sarah L. S. Barcellos, Joseph 28 �Anguiano, Anker, Gus Barnhill, Maurine W. EXHIBIT "C" -3'6- Item Y -859 I Barnhill, Paul Boersma, Angie 2 Bartel, Dale Boersma,, Berdina 3 Bartel{ Ursula Boersma, Frank 4 Bartel, Willard Boersma, Harry 5 Barthelemy, Henry Boersma, Paul 6 Barthelemy, Roland Boersma, Sam 7 Bassler, Donald V., M.D. Boersma, William L. 8 Bates, Lowell R. Bohlander & Holmes, Inc. 9 Bates, Mildred L. Bokma, Peter 10 Beahm, James W. Bollema, Jacob 11 Beahm', Joan 14. Boonstoo, Edward 12 Bekendam, Hank Bootsma, Jim z �3 G ON as m„ 13 Bekendam, Pete Barba•, Dolene �CRUIT 14 Bello, Eugene Barba, Dolores u G3 m NH�N 15 Bello, Olga Barba, Emily Soo mt , Od ma 16 Beltman, Evelyn Barba, George [ N 17 Beltman, Tony • Borba, John 18 Bergquist Properties, Inc. Barba, John & Sons 19 Bevacqua, Joel A. Barba, John Jr. 20 Bevacqua, Marie B. Barba, Joseph A. 21 Bidart, Bernard Botba, Karen E. 22 Bidart, Michael J. Barba, Karen M. 23 Binnell, Wesley Barba, Pete, Estate of 24 Black, Patricia E. Barba, Ricci 25 Black, Victor Barba, Steve 26 Bodger, John & Sons Co. Barba, Tom 27 Boer, Adrian Bordisso, Alleck 28 Boersma and Wind Dairy Borges, Angelica M. EXHIBIT "C" -37- Item Y -860 Z 2 3 d 5 6 7 9 10 11 12 z �m Y F oN 13 gg�3 big �?m �c�N��N14 0 °67"15 g¢ma�s� 2 mw� o € 6> 16 17 18 19 20 21 22 23 24 25 26 27 28 Borges, Bernadette Borges, John 0. Borges, Linda L. Borges, Manual Jr. Borges, Tony Bos, Aleid Bos, Gerrit Bos, John Bos, John Bos, Margaret Bos, Mary Bos, Mary Beth Bos, Tony Bosch, Henrietta Bosch, Peter T. Boschma, Betty Boschma, Frank Boschma, Greta Boschma, Henry 'Bosma, Dick Bosma, Florence G. Bosma, Gerrit Bosma, Jacob J. Bosma, Jeanette Thee Bosman, Frank Bosman, Nellie, Bosnyak, Goldie M. Bosnyak, Martin Bothof, Roger W. Bouma, Cornie Bouma, Emma Bouma, Henry P. Bouma, Martin, B'ouma, Peter'G. & Sons Dairy Bouma, Ted Bouman, Helen Bouman,,Sam Bower, Mabel E. Boys Republic Breedyk, Arie Breedyk, Jessie Brian Brothers Brian, Albert Briano, Albert Trustee for Briano, Albert Frank Briano, Lena Brink, Russell N. Brinkerhoff, Margaret Brinkerhoff, Robert L. Britschgi, Florence Britschgi, Magdalena Garetto Britschgi, Walter P. Brommer, Marvin Brookside Enterprizes, dba Brookside Vineyard Co. Brothers Three Dairy EXHIBIT "C" -38- Item Y —861 1I 2 3 4, 5 6 7 8 9 10 11 12 ;» n pN zr m 13 ®Noo pm 14 �O�uoLLn 16 ap mzV 16 o, m, 4 N � 17 18 19 20 21 22 23 25 26 27 28 Brown, Eugene Brun, Martha M. Brun, Peter Robert Buma, Duke Bums, Martha Bunse, Nancy Bunse, Ronnie L. Caballero, Bonnie L. Caballero, Richard F. Cable.Airport Inc. Cadlini, Donald Cadlini, Jesse R. Cadlini, Marie Edna Cambia, Anna Cambia, Charles, Estate of Cambia, William V. Cardoza, Florence Cardoza, olivi Cardoza, Tony Carnesi, Tom Carver, Robt M., Trustee Cauffman, John R. Chacon Bros. Chacon, Elvera P. Chacon, Joe M. Chacon, Robert M. Chacon, Virginia L. Chez, Joseph C. Chino Corona Investment Chino Water Co. Christensen, Leslie' Christensen, Richard G. Christian, Ada R. — Christidri;"Harold F.- Christy, Ella J. Christy, Ronald S. Cihigoyenetche, Jean Cihigoyenetche, Leona Cihigoyenetche, Martin Clarke, Arthur B. Clarke, Nancy L. Clarke, Phyllis J. Coelho, Isabel Coelho, Joe A..Jr. .Collins, Howard E. Collins, Judith F. Collinsworth, Ester L. Collinsworth, John E. Collinsworth, Shelby Cone Estate (05-2-00648/649) Consolidated Freightways Corp. of Delaware Corona Farms Co. Corra, Rose Costa, Dimas S. Costa, Laura EXHIBIT "C" -39- Item Y —862 1 ' 2 3 a 5 6' 7 8 9 10 11 12 za n ppsm i �NUMN 14 ��j¢IpLLn 15 ism"3`� ap �n � m=v16 n; c' < N� 17 18 19 20 21 22 23 24 25 26 27 28 Costa, Myrtle De Boer, L. H. Cos tamagna, Antonio De Boer, Sidney Costamagna, Joseph De Bos, Andrew Cousyn, Claus B. De Graaf, Anna Mae Cramer, Carole F. De Graaf, Gerrit Cramer, William R. De Groot, Dick Crossroads Auto Dismantlers, Inc. De Groot, Dorothy Crouse, Beatrice I. De Groot, Ernest Crouse, Roger De Groot, Henrietta Crowley, Juanita C. De Groot, Jake Crowley, Ralph De Groot, Pete Jr. Cucamonga Vintners De Haan, Bernadena D'Astici, Teresa De Haan, Henry Da Costa, Cecilia B. De Hoog, Adriana Da Costa, Joaquim F. De Hoog, Joe Daloisio, Norman De Hoog, Martin De Berard Bros. De Hoog, Martin L. De Berard, Arthur, Trustee De Hoog, Mitch De Berard, Charles De Hoog, Tryntje De Berard, Chas., Trustee De Jager, Cobi De Berard, Helen J. De Jager, Edward D. De Berard, Robert De Jong Brothers Dairy De Berard, Robert, Trustee De Jong, Cornelis De Die, Adrian De Jong, Cornelius De Die, Henry De Jong, Grace De Die, Margaret M. De Jong, Jake De Bie, Marvin De Jong, Lena De Boer, Fred De Leeuw, Alice EXHIBIT "C" -4o- Item Y —863 I 2 3 d 5 De Leeuw, De Soete, De Soete, De Vries, De Vries, -De Vries; Sam Agnes Andre Abraham Case Dick- Dirkse, Catherine Dirkse, Charles C. Dixon, Charles E. Dixon, Geraldine A. Doesberg, Hendrica Doesburg,— Theodorus-P. 6 7 De Vries, Evelyn Dolan, Marion 8 De Vries, Henry, Estate of Dolan, Michael H. 9 De Vries, Hermina Dominguez, Helen 10 De Vries, Jack H. Dominguez, Manual .11 De Vries, Jane Donkers, Henry A. 12 De Vries, Janice Donkers, Nellie G. o 9� a� am_13 De Vries, John Dotta Bros. L9h°�_Sem O"�o�zo 14 De Vries, � John J. Douma Brothers Dairy r UNUga 4 15 De Vries, Neil Douma, Betty A. S�OF, mu.. omi 16 De Vries, Ruth 'Douma, Fred A. oq m 17 De Vries, Theresa Douma, Hendrika 13 De Wit, Gladys Douma, Herman G. 19 De Wit, Peter S. Douma, Narleen J. 20 De Wyn, Evert Douma, Phillip M. 21 De Zoete, Hattie V. Dow Chemical Co. 22 De Zoete, Lea A. Dragt, Rheta 23 Decker, Hallie Dragt, William 24 Decker, Henry A. Driftwood Dairy Farm 25 Demmer, Ernest Droogh, Case 26 Di Carlo, Marie Duhalde, Marian 27 Di Carlo, Victor Duhalde, Lauren 28 Di Tommaso, Frank Duits, Henrietta EXHIBIT "C" -41- Item Y -864 1 2, 3 4 5 6 7 8 9 10 11 12 e �+o 4�^ 13 ern U Th 14 EaJngsm 00��� �15 gaemm5� 0o miV 16 ❑; a"a • np 17 18 19 20 21 22 23' 24 25 26 27 28 Duits, John Excelsior Farms F.D.I.C. Dunlap, Edna Kraemer, Fagundes, Frank M. Estate of Fagundes, Mary Durrington, Glen Fernandes, Joseph Jr. Durrington, William F. Fernandes, Velma C. Dusi, John, Sr. Ferraro, Ann Dykstra, Dick Ferreira, Frank J. Dykstra, John Ferreira, Joe C.'Jr. Dykstra, John & Sons Ferreira, Narcie Dykstra, Wilma Filippi, J. Vintage Co. Dyt, Cor Filippi, Joseph Dyt, Johanna Filippi, Joseph A. E and S Grape Growers Filippi, Mary E. Eaton, Thomas, Estate of Fitzgerald, John R. Echeverria, Juan Flameling Dairy Inc. Echeverria, Carlos Flamingo Dairy Echeverria, Pablo Foss, Douglas E. Eilers, E. Myrle Foss, Gerald R. Eilers, Henry W. Foss, Russel El Prado Golf Course Fred & John Troost No. 1 Inc. Ellsworth, Rex C. Fred & Maynard Troost No. 2 Inc. Engelsma, Jake Freitas, Beatriz Engelsma, Susan Freitas, Tony T. Escojeda, Henry Gakle, Louis L. Etiwanda Grape Products Co. Galleano Winery, Inc. Euclid Ave. Investment one Galleano, Bernard D. Euclid Ave. Investment Four Galleano, D. Euclid Ave. Three Investment Galleano, Mary M. EXHIBIT "C" -42- Item Y —865 1 2 3 4 5 6 7 8 9 10 11 12 2 �.O 0 Yr �� ggad 13 tiF GgG �'ae tNuNU9N <14 wo.k5"Em �Oz7� 15 gam n_ 016 �' oy < np 17 18 19 20 21 22 23 24 25 26 27 28 Garcia, Pete Gardner, Leland V. Gardner, Lola M. Garrett, Leonard E. Garrett, Patricia T. Gastelluberry, Catherine Gastelluberry, Jean Gilstrap, Glen E. Gilstrap, Marjorie J. Godinho, John Godinho, June Gonsalves, Evelyn Gonsalves, John Gorzeman, Geraldine Gorzeman, Henry A. Gorzeman, Joe Govea, Julia Goyenetche, Albert Grace, Caroline E. Grace, David J. Gravatt, Glenn W. Gravatt, Sally Mae Greydanus Dairy, Inc. Greydanus, Rena Griffin Development Co. Iiaagsma, Dave Haagsma, John Hansen, Mary D. EXHIBIT "C" -43- Hansen, _Ravmond F. Hanson, Ardeth W. Harada, James T. Harada, Violet A. Haringa, Earl and Sons Haringa, Herman Haringa, Rudy Haringa, William Harper, Cecilia de Mille Harrington, Winona Harrison, Jacqueline A. Hatanaka, Kenichi Heida, Annie Heida, Don Heida, Jim Heida, Sam Helms, Addison D. Helms, Irma A. Hermans, Alma I. Hermans, Harry Hettinga, Arthur Hettinga, Ida Hettinga, Judy Hettinga, Mary Hettinga, Wilbur Heublein, Inc., Grocery Products Group Hibma, Catherine M. 9 Item Y —866 1 2 3 4 5 6 7 8 9 10 11 12 z �n " pN a� m-13 E$5�„14 0 �n o ual5 J0� �x�16 o; m; . n� 17 18 19i 20 21 22 23 24 25 26 27 28 Hibma, Sidney Hicks, Kenneth I. Hicks, Minnie M. Higgins Brick Co. Highstreet, Alfred V. Highstreet, Evada V. Hilarides, Bertha as Trustee Hilarides, Frank Hilarides, John as Trustee Hindelang, Tillie Hindelang, William Hobbs, Bonnie C. Hobbs, Charles W. Hobbs, Hazel I. Hobbs, Orlo M. Hoekstra, Edward Hoekstra, George Hoekstra, Grace Hoekstra, Louie Hofer, Paul B. Hofer, Phillip F. Hofstra, Marie Hogeboom, Jo Ann M. Hogeboom, Maurice D. Hogg, David V. Hogg, Gene P. Hogg, Warren G. Iiohberg, Edith J. EXHIBIT "C" -44- Hohberg, Harold C. Hohberg, Harold W. Holder, Arthur B. Holder, Dorothy F. Holmes, A. Lee Holmes, Frances P. Hoogeboom, Gertrude Hoogeboom, Pete Hoogendam, John Hoogendam, Tena Houssels, J. K. Thoroughbred Farm Hunt Industries Idsinga, Ann Idsinga, William W. Imbach Ranch, Inc. Imbach, Kenneth E. Imbach, Leonard K. Imbach, Oscar X. Imbach, Ruth M. Indaburu, Jean Indaburu, Marceline Iseli, Kurt H. Ito, Kow J & B Dairy Inc. Jaques, Johnny C. Jr. Jaques, Mary_ Jaques, Mary Lou I Item Y -867 1 2 3 4 5 6 7 8 9 10 11 12i O Y^ YG pN �^13 "gH�pN14 LLO iryeun °og=aa 15 Qu mu h O `o m2v 16 13 of < Np 17', 18 191 20 21 22 23 24 25 26 27 28 Jay Em Bee Farms Johnson Bro's Egg Ranches, Inc Johnston, Ellwood W. Johnston, George F. Co. Johnston, Judith H. Jones, Leonard P. Jongsma & Sons Dairy Jongsma, Diana A. Jongsma, Dorothy Jongsma, George Jongsma, Harold ;Jongsma, Henry Jongsma, John Jongsma, Nadine Jongsma, Tillie Jordan, Marjorie G. Jordan, Troy O. Jorritsma, Dorothy Juliano, Albert Kamper, Cornelis 'Kamstra, Wilbert Kaplan, Lawrence J. Kasbergen, Martha Kasbergen, Neil Kazian, Angelen Estate of Kingsway Const. Corp. Klapps Market Kline, James K. EXHIBIT "C" -45- Knevelbaard, John Knudsen, Ejnar Knudsen, Karen M. Knudsen, Kenneth Knudson, Robert Knudson, Darlene Koel, Helen S. Koetsier, Gerard Koetsier, Gerrit J. Koetsier, Jake Koning, Fred W. Koning, Gloria Koning, J. W. Estate Koning, James A. Koning, Jane Koning, Jane C. Koning, Jennie Koning, John Koning, Victor A. Kooi Holstein Corporation Koolhaas, Kenneth E. Koolhaas, Simon Koolhaas, Sophie Grace Koopal, Grace Koopal, Silas Koopman, Eke Koopman, Gene T. Koopman, Henry G. Item Y —868 1 2 3 4 5 6 7 8 9 10 11 ;m 12 o YF cn am^13 14 Y.nJ LL0 g¢4u'oua15 0 og c miV16i 'm' e ry p 17 18 19 20 21 22 23 24 25 26 27 28' Koopman, Ted Koopman, Tena Koot, Nick Koster, Aart Koster, Frances Koster, Henry B. Koster, Nellie Kroes, Jake R. Kroeze, Bros Kroeze, Calvin E. Kroeze, John Kroeze, Wesley Kruckenberg, Naomi Kruckenberg, Perry L. D. S. Welfare Ranch Labrucherie, Mary Jane .Labrucherie, Raymond F. Lako, Samuel Landman Corp. Lanting, Broer Lanting, Myer Lass, Jack Lass, Sandra L. Lawrence, Cecelia, Estate of Lawrence, Joe H., Estate of Leal, Bradley W. Leal, John C. Leal, John Craig EXHIBIT "C." -46- Leck, Arthur A. Leck, Evelyn M. Lee, Harold E. Lee, Helen J. Lee, Henrietta C. Lee,.R. T. Construction Co. Lekkerkerk, Adriana Lekkerkerk, L. M. Lekkerkerker, Nellie Lekkerkerker, Walt Lewis Homes of California Livingston, Dorothy M. Livingston, Rex E. Lokey, Rosemary Kraemer Lopes, Candida A. Lopes, Antonio S. Lopez, Joe D. Lourenco, Carlos, Jr. Lourenco, Carmelina P. Lourenco, Jack C. Lourenco, Manual H. Lourenco, Mary Lourenco, Mary Luiten, Jack Luiz, John M. Luna, Christine I. Luna, Ruben T. Lusk, John D. and Son a California corporation I Item Y —869 1 2 3 a 5 6 7 8 9 10 11 _ }0 12 0 m� p�^13 �oEnG <N 14i 0 off: Km'�n g9amau=16 0. m ;Ze16 oa � < H 17 18 19 20 211 22 23 24 25 261 27 28 Lyon, Gregory E. Lyon, Paula E. M & W Co. $2 Madole, Betty M. Madole, Larry B. Marquez, Arthur Marquine, Jean Martin, Lelon 0. Martin, Leon 0. Martin, Maria D. Martin, Tony J. Martins, Frank Mathias, Antonio Mc Cune, Robert M. Mc Masters, Gertrude Mc Neill, J. A. Mc Neill, May F. f Mees, Leon Mello and Silva Dairy Mello and Sousa Dairy Mello, Emilia. I Mello, Enos C. .Mello, Mercedes Mendiondo, Catherine Mendiondo, Dominique Meth. Hosp. - Sacramento Metzger, R. S. Metzger, Winifred Mickel, Louise Miersma, Dorothy Meirsma, Harry C. Minaberry, Arnaud Minaberry, Marie Mistretta, Frank J. Macho and Plaa Inc. Mocha, Jean Mocha, Noeline Modica, Josephine Mantes, Elizabeth Mantes, Joe Moons, Beatrice Moons, Jack Moramarco, John A. Enterprises Moreno, Louis W. Moss, John R. Motion Pictures Associates, Inc. Moynier, Joe Murphy, Frances V. Murphy, ^ayrl L. Murphy, Naomi Nanne, Martin Estate of Nederend, Betty Nederend, Hans Norfolk, James Norfolk, Martha Notrica, Louis EXHIBIT "C" -47- Item Y -870 1 2 3 d 5 6 7 8 9 10 11 12 Y� 13 ig umg"M 14 ON ga°"m�e15 Oa mzy7C oa m; i N4 17 18 19 20' 21. 22 23 24 25 26 27 28 Nyberg, Lillian ".t. Ormonde, viva Nyenhuis, Annie Ortega, Adeline B. Nyenhuis, Jim Ortega, Bernard Dino Occidental Land Research Osterkamp, Joseph S. Okumura, Marion Osterkamp, Margaret A. Okumura, Yuiche P I E Water Co. Oldengarm, Effie Palmer, Eva E. Oldengarm, Egbert Palmer, Walter E. Oldengarm, Henry Parente, Luis S. Oliviera, Manuel L. Parente, Mary Borba Oliviera, Mary M. Parks, Jack B. Olson, Albert Parks, Laura M. Oltmans Construction Co. Patterson, Lawrence E. Estate Omlin, Anton Payne, Clyde H. Omlin, Elsie L. Payne, Margo Ontario Christian School Assn, Pearson, Athelia R. Cord, John Pearson, William C. Oostdam, Jacoba Pearson, William 0. Oostdam, Pete Pene, Robert Oosten, Agnes Perian, Miller Oosten, Anthonia Perian, One E. Oosten, Caroline Petrissans, Deanna Oosten, John Petrissans, George Oosten, Marinus Petrissans, Jean P. Oosten, Ralph Petrissans, Marie T. Orange County.Water District Pickering, Dora M. Ormonde, Manuel (Mrs. A. L. Pickering) Ormonde, Pete, Jr. Pierce, John EXHIBIT "C" -48- O Item Y —871 1 2 3 4 5 6 7 8 gl 10 11 12 z �o 0 YF �� ag 13 e UNEO�¢m14' o���'eLLn 3g2 z'el5' J<m 0o m%~16 na as < ry C 17 18 19 20 21 22 23 24 25 26 27 28 Pierce, Sadie Righetti, A. T. Pietszak, Sally Riley, George A. Pine, Joe Riley, Helen C. Pine, Virginia Robbins, Jack K. Pires, Frank Rocha, John M. Pires, Marie Rocha, Jose C. Plaa, Jeanne Rodrigues, John Plaa, Michel Rodrigues, Manuel Plantenga, Agnes Rodrigues, Manuel, Jr. Plantenga, George Rodrigues, Mary L. Poe, Arlo D. Rodriquez, Daniel Pomona Cemetery Assn. Rogers, Jack D. Porte, Cecelia, Estate of Rohrer, John A. Porte, Garritt, Estate of Rohrer, Theresa D. Portsmouth, Vera McCarty. Rohrs, Elizabeth H. Ramella, Mary M. Rossetti, 14. S. Ramirez, Concha Roukema, Angeline Rearick, Hildegard H. Roukema, Ed. Rearick, Richard R. Roukema, Nancy Reihalda, Clarence Roukema, Siebren Reitsma, Greta Ruderian, Max J. Reitsma, Louis Russell, Fred J. Rice, Bernice Rusticus, Ann Rice, Charlie E. Rusticus, Charles Richards, Karin Rynsburger, Arie (Mrs. Ronnie Richards) Rynsburger, Berdena, Trust Richards, Ronald L. Rynsburger, Joan Adele Ridder, Jennie Wassenaar Rynsburger, Thomas EXHIBIT "C" _49- Item Y —872 YI 2 3 d 5 6 7 8 9 10 11 12 e �o ON �` 13 a� =� SHOA 14 u Erijm:� t9eg a;15 u Sol m2V16 o; m � N- 17 18 19 20 21 22 23 24 25 26 27 28 S. P. Annex, Inc. Salisbury, Elinor J. Sanchez, Edmundo Sanchez, Margarita O. Santana, Joe Sr. Santana, Palmira Satragni, John B. Jr. Scaramella, George P. Schaafsma Bros. Schaafsma, Jennie Schaafsma, Peter Schaafsma, Tom Schaap, Andy Schaap, Ids Schaap, Maria Schacht, Sharon C. Schakel, Audrey Schakel, Fred Schmid, Olga Schmidt, Madeleine Schoneveld, Evert Schoneveld, Henrietta Schoneveld, John Schoneveld, John Allen Schug, Donald E. Schug, Shirley A. Schuh, Bernatta M. Schuh, Harold H. EXHIBIT "C" -so- Scott, Frances 11. Scott, Linda F. Scott, Stanley A. Scritsmier, Lester J. Serf, Charles A. Serl, Rosalie P. Shady Grove Dairy, inc. Shamel, Burt A. Shelby, Harold E. Shelby, John A. Shelby, Velma M. Shelton, Alice A. Sherwood, Robert A. Sherwood, Sheila J. Shue, Eva Shue, Gilbert Sieperda, Anne Sieperda, James Sigrist, Hans Sigrist, Rita Silveira, Arline L. Silveira, Frank Silveira, Jack Silveira, Jack P. Jr. Simas, Dolores Simas, Joe Singleton, Dean Singleton, Elsie R. Item Y —873 1 2 3 a 5 6i 7 8 9 10 11 12 I �b O ¢: o; 13 gmoo„zm14 o ¢au0, oiku&n 14 Uh15 0o mzv16 o; m; l N C 17 18 19 20 21 22 23 24 25 26 271 28 Sinnott, Jim Sinnott, Mildred B. Slegers, Dorothy Slegers, Hubert J. Slegers, Jake Slegers, Jim Slegers, Lenwood M. Slegers, Martha Slegers, Tesse J. Smith, "-dward S. Smith, Helen D. Smith, James E. Smith, Keith J. Smith, Lester W. Smith, Lois Maxine Smith, Marjorie W. Scares, Eva Sogioka, Mitsuyoshi Sogioka, Yoshimato Sousa, Sam Southern Pacific Land Co. Southfield, Eddie Souza, Frank M. Souza, Mary T. Spickerman, Alberta Spickerman, Florence Spickerman, Rudolph Spyksma, John EXHIBIT "C" -51- Staal, John Stahl, Zippora P. Stampfl, Berta Stampfl, William Stanley, Robert E. Stark, Everett Stellingwerf, Andrew Stellingwerf, Henry Stellingwerf, Jenette Stellingwerf, Shana Stellingwerf, Stan Stelzer, Mike C. Sterk, Henry Stiefel, Winifred Stiefel, Jack D. Stigall, Richard L. Stigall, vita Stockman's Inn Stouder, Charlotte A. Stouder, William C. Struikmans, Barbara Struikmans, Gertie Struikmans, Henry Jr. Struikmans, Henry Sr. Struikmans, Nellie Swager, Edward Swager, Gerben Swager, Johanna Item Y —874 1 2 3 4 5 fi 7 8 10 11 12 a '= 13 °m- �iFY 65m H14 ug15 30o m=C Q; m� 16 0 17 18, 19 20' 21 22 23 24 25 26 27 28 Swager, Marion Swierstra, Donald Swierstra, Fanny Sybrandy, Ida Sybrandy, Simon Sytsma, Albert Sytsma, Edith Sytsma, Jennie Sytsma, Louie Te Velde, Agnes Te Velde, Bav Te Velde, Bernard A. Te Velde, Bonnie Te Velde, Bonnie G. Te Velde, George Te Velde, George, Jr. Te Velde, Harm Te Velde, Harriet Te Velde, Henry J. Te Velde, Jay Te Velde, Johanna Te Velde, John H. Te Velde, Ralph A. Te Velde, Zwaantina, Trustee Ter Maaten, Case Ter Maaten, Cleone Ter Maaten, Steve Terpstra, Carol EXHIBIT "C" -52- Terpstra, Theodore G. Teune, Tony Teunissen, Bernard Teunissen, Jane Thomas, Ethel M. Thommen, Alice Thommen, Fritz Tillema, Allie Tillema, Harold Tillema, Klaas D. Timmons, William R. Tollerup, Barbara Tollerup, Harold Trapani, Louis A. Trimlett, Arlene R. Trimlett, George E. Tristant, Pierre Tuinhout, Ale Tuinhout, Harry Tuinhout, Hilda Tuls, Elizabeth Tuls, Jack S. Tuls, Jake Union oil Company of California United Dairyman's Co-op. Urquhart, James G. Usle, Cathryn Usle, Faustino Item Y —875 1 2 3 d 5 6 7 8 9 10 11 ,n 12 0 YF °n a3 13 8�g 9 Zk �mosd14 Vnwg 3acW3'<;15 goo mvl6 Oy mzy � N 0: 17 18 19 20 21 22 23 24 25 26 27 28 V & Y Properties Vaile, Beryl M. Valley Hay Co. Van Beek Dairy Inc. Van Canneyt Dairy Van Canneyt, Maurice Van Canneyt, Wilmer Van Dam, Bas Van Dam, Isabelle Van Dam, Nellie Van Den Berg, Gertrude Van Den Berg, Joyce Van Den Berg, Marinus Van Den Berg, Marvin Van Der Linden, Ardith Van Der Linden, John Van Der Linden, Stanley Van Der Veen, Kenneth Van Diest, Anna T. Van Diest, Cornelius Van Diest, Ernest Van Diest, Rena Van Dyk, Bart Van Dyk, Jeanette Van Foeken, Martha Van Foeken, William Van Hofwegan, Steve Van Hofwegen, Adrian A. EXHIBIT "C" -53- Van Hofwegen, Clara Van Hofwegen, Jessie Van Klaveren, A. Van Klaveren, Arie Van Klaveren, Wilhelmina Van Klaveren, William Van Leeuwen, Aria C. Van Leeuwen, Aria C. Van Leeuwen, Arlan Van Leeuwen, Clara G. Van Leeuwen, Cornelia L. Van Leeuwen, Harriet Van Leeuwen, Jack Van Leeuwen, John Van Leeuwen, Letie Van Leeuwen, Margie Van Leeuwen, Paul Van Leeuwen, William A.• Van Ravenswaay, Donald Van Ryn Dairy Van Fyn, Dick Van Surksum, Anthonetta Van Surksum, John Van Veen, John Van Vliet, Effie Van Vliet, Hendrika Van Vliet, Hugo Van Vliet, Klaas Item Y —876 1 2 3 4 5 6 7 8 9 10 11 12 x �n x: a 13 �6a sin No'pzm ld V 6 d °axk,q�^ gae"muv15 cs m16 o� 4 N� 17 18 19 20 21 22 23 24 25 26 27 28 Vande Witte, George Vander Lean, Katie Vanden Berge, Gertie Vander Laan, Martin Jr. Vanden Berge, Gertie Vander Laan, Tillie Vanden Berge, Jack Vander Leest, Anna Vanden Berge, Jake Vander Leest, Ann Vanden Brink, Stanley Vander Meer, Alice Vander Dussen, Agnes Vander Meer, Dick Vander Dussen, Cor Vander Poel, Hank Vander Dussen, Cornelius Vander Poel, Pete Vander Dussen, Edward Vander'Pol, Irene Vander Dussen, Geraldine Marie Vander Pol, Margie Vander Dussen, James Vander Pol, Marines Vander Dussen, John Vander Pol, William P. Vander Dussen, Nelvina Vander Schaaf, Earl Vander Dussen, Rene Vander Schaaf, Elizabeth Vander Dussen, Sybrand Jr. Vander Schaaf, Henrietta Vander Dussen, Sybrand Sr. Vander Schaaf, John Vander Dussen Trustees Vander Schaaf, Ted Vander Eyk, Case Jr. Vander Stelt, Catherine Vander Eyk, Case Sr. Vander Stelt, Clarence Vander'Feer, Peter Vander Tuig, Arlene Vander Feer, Rieka Vander Tuig, Sylvester Vander Lean, Ann Vander Veen, Joe A. Vander Lean, Ben Vandervlag, Robert Vander Lean, Bill Vander Zwan, Peter Vander Laan, Corrie Vanderford; Betty W. Vander Laan, Henry Vanderford, Claud R. Vander Laan, James Vanderham, Adrian EXHIBIT "C" -54- Item Y -877 1 2 3 4 5 6 7 8 9 10 111 >n 12 YF '^ a� 13 uNopm C m ®�e ZZ' u 14 kmn 15 gCm°mu3 or mzr16 O� Lj N� 17 18 19 20 21 22 23 24 25 26 27 28 Vanderham, Cornelius Vanderham, Cornelius P. Vanderham, Cory Vanderham, E. Jane Vanderham, Marian Vanderham, Martin Vanderham, Pete C. Vanderham, Wilma Vasquez, Eleanor Veenendaal, Evert Veenendaal, John H. Veiga, Dominick Sr. Verbree, Jack Verbree, Tillie Verger, Bert Verger, Betty Verhoeven, Leona Verhoeven, Martin Verhoeven, Wesley Vermeer, Dick Vermeer, Jantina Vernola Ranch Vernola, Anthonietta Vernola, Anthony Vernola, Frank Vernola, Mary Ann Vernola, Pat F. Vestal, Frances Lorraine Vestal, J. Howard Visser, Gerrit Visser, Grace Visser, Henry Visser, Jess Visser, Louie Visser, Neil Visser, Sam Visser, Stanley Visser, Tony D. Visser, Walter G. Von Der Ahe, Fredric'T. Von Euw, George Von Euw, Marjorie Von Lusk, a limited partnership Voortman, Anna P7arie Voortman, Edward Voortman, Edwin J. Voortman, Gertrude Dena Wagner, Richard H. Walker, Carole R. Walker, Donald E. Walker, Wallace W. Wardle, Donald M. Warner, Dillon B. Warner, Minnie Wassenaar, Peter W. Waters, Michael EXHIBIT "C" -55- Item Y —878 1 2 3 d 5 6 7 8 9 10 11 12 o �= YF N 13 d m W BN6 V 14 i�J?Ws¢p 15 am u_ goo m=n16 o; my < Np 17 18 19 201 211' 22' 23 24 25 26 27 28 Weeda, Adriana Weeds, Daniel Weeks, 0. L. Weeks, Verona E. Weidman, Maurice Weidman, Virginia Weiland, Adaline L. Weiland, Peter J. Wesselink, Jules West, Katharine R. West, Russel West, Sharon Ann Western Horse Property Westra, Alice Westra, Henry Westra, Hilda Westra, Jake J. Weststeyn, Freida Tleststeyn, Pete Whitehurst, Louis G. Whitehurst, Pearl L. Whitmore, David L. Whitmore, Mary A. Whitney, Adolph M. Wiersema, Harm Wiersema, Harry Wiersma, Ellen H. Wiersma, Gladys J. Wiersma, Jake Wiersma, Otto Wiersma, Pete Winchell, Verne H., Trustee Wind, Frank Wind, Fred Wind, Hilda Wind, Johanna Woo, Frank Woo, Sem Gee Wybenga, Clarence Wybenga, Gus Wybenga, Gus K. Wybenga, Sylvia Wynja, Andy Wynja, Iona F. Yellis, Mildred Yellis, Thomas E. Ykema-Harmsen Dairy Ykema, Floris Ykema, Harriet Yokley, Betty Jo Yokley, Darrell A. Zak, Zan Zivelonghi, George Zivelonghi, Margaret Zwaagstra, Jake Zwaagstra, Jessie M. Zwart, Case EXHIBIT "C" -56- Item Y -879 1 2 3 4 5 6 7 8, 9 10 11 12 c �n 1t an 13 LL"CH�4„14 O =97� 3J3�zap 15 Say °=In 00 ^nz`16 < N� 17 18 19 20 21 22 23 24 25' 26 27 28 NON -PRODUCER SPATER DISTRICTS Chino Basin Municipal Water District Chino Basin Water Conservation District Pomona valley Municipal Plater District Western Municipal Plater District of Riverside County EXHIBIT "C" -57- Item Y —880 1 2 3 d 5 6' 7 8 9 10 11 12 z io 0 aJ °� 13 a uU9N8 e�z m° Y. a NUSN 14 m C1 b O N o n °z 15 1a°m Oa mijbiC v16 og m� t N � 17 18 19 20 21 22 23 24 25 26 27 28 DEFAULTING OVERLYING AGRICULTURAL PRODUCERS Cheryl L. Bain Roy W. Lantis Warren Bain Sharon I. Lantis John M. Barcelona Frank Lorenz Letty Bassier Dagney H. MacDonald John Brazil Frank E. Martin John S. Brian Ruth C. Martin Lupe Briano Connie S. Mello Paul A. Briano Naldiro J. Mello Tillie Briano Felice Miller Arnie B. Carlson Ted Miller John Henry Fikse Masao Nerio Phyllis S. Fikse Tom K. Nerio Lewellyn Flory Toyo Nerio Mary I. Flory Yuriko Nerio L. H. Glazer Harold L. Rees Dorothy Goodman Alden G. Pose Sidney D. Goodman Claude Rouleau, Jr. Frank Grossi Patricia M. Rouleau Harada Brothers Schultz Enterprises Ellen Hettinga Albert Shaw Hein Hettinga Lila Shaw Dick Hofstra, Jr. Cathy M. Stewart Benjamin M. Hughey Marvin C. Stewart Frieda L. Hughey Betty Ann Stone C,uillaume Indart John B. Stone Ellwood B. Johnston, Trustee Vantoll Cattle Co., Inc. Perry Aruckenberg, Jr. Catherene Verburg EXHIBIT "C" -53- Item Y —881 1 2 3 d 5 61 7 8I 9 10 11 12 a z"- ON �a m_13 14 LOJ m�1! 3d!°y!5m�a Oa 0z 16 og "ag 17 18 19 20 21 22 28 24 25 26 27 28 Martin Verbury Donna Vincent Larry Vincent Cliff Wolfe & Associates Ada M. Woll Zarubica Co. EXHIBIT "C" -59- Item Y —882 i . 11 2 3� 4! 5 6 7 • 9 i 10' 11 12 i vn o r a N 13 rn_ OOVZ"14 15 "m16 _Z 6 O% N � 17 18 19 20 21 22 23 24 25 26 1 27 28 EXHIBIT "D" OVERLYING NON-AGRICULTURAL RIGHTS Partx Ameron Steel Producers, Inc. County of San Bernardino Conrock Company Raiser Steel Corporation Red Star Fertilizer Southern California Edison Co. M Loma Total overlying Non -Agricultural Rights (Acre Feet) 125 171 406 3,743 20 1,255 133 Share of Safe Yield (Acre Feet) - 97.858 133.870 317.844 2,930.274 15.657 982.499 104.121 Space Center, ira Southern Service CO., dba i Blue Seal Linen 24 18.789 Sunkist, orange Products Division 2,393 1,B73.402 Carlsberg Mobile Home Properties, Ltd.•173 593 464.240 Union Carbide Corporation 546 427.446 Quaker Chemical Co. 0 -- 0 Totals 9,409 7,366.000 r r EXHIBIT "D" —60— Item Y —883 EXHIBIT "Ed APPROPRIATIVE RIGHTS Share of Initial Share of Appropriative Operating Operating Party Ri ht Saf•-iFeld, Safe Safe • •• Acre Feet eel 0EET ercent City of Chino 6,271.7 3.670.067 6.693 City of Norco - 289.5 291.545 0.368 City of Ontario 16,337.4 11,373.816 20.742 City of Pomona 16,110.5 11,215.852 26.454 City of Upland 4,097.2 2,852.401 5.202 Cucamonga County Water District 4,431,0 3,084.786 5.626 Jurupa Community Ser- vices District 1,104.1 768.655 1.402 Monte Vista County Water District 5,958.7 4.148.344 7.565 •West San Bernardino County Water District 925.5 644.317 1.175 Etivianda Water Company 768.0 534.668 0.975 Felspar Gardens Mutual 68.3 47.549 0.087 • Water Company Fontana Union Water Co. 9,188.3 6,396.736 11.666 Harygold Mutual Water Co. 941.3 655.317 1.1% Hire Lorna Water Co. " 1,116.0 - -- 776.940 1.417 Monte Vista Irr.. Co. 972.1 676.759 1,234 Hutual Water Company of Glen Avon Heights 672.2 467,974 0.653 Park Water Company 235.1 164.369 0.300 Pomona Valley Water Co. 3,106.3 2.162.553 3.944 San Antonio Vater Co. 2,164.5 1,506.888 2.74B Santa Ana River Water 1,869.3 1,301,374 2.373 Company Southern California 1.774.5 1,235.376 2.253 Hater Company West End Consolidated Hater Company 1,,363.3 947.714 1.728 TOTAL 78,763.8 54,834.600 100.000 EXHIBIT "E" '-61- Item Y -884 is 19 20 211 22 23 24 25 26 27 28 EXHIBIT "F" OVERLYING (AGRICULTURAL) POOL POOLING PLAN 1. Membership in Pool. The State of California and all pro- ducers listed in Exhibit 'C" shall be the initial members of this pool, which shall include all producers of water for overlying uses other than industrial or commercial purposes. 2. Pool Meetings. The members of the pool shall meet annually, in person or by proxy, at a place and time to be desig- nated by Watermaster for purposes of electing members of the Pool Committee and conducting any other business of the pool. Special meetings of the membership of the pool may be called and held as provided in the rules of the pool. 3. Voting. All voting at meetings of pool members shall be on the basis of one vote for each.100 acre feet or any portion thereof of production from.Chino Basin during the preceding year, as shown by the records of Watermaster. 4. Pool Committee. The Pool Committee for this pool shall consist of not less than nine (9) representatives selected at large by members of the pool. The exact number of members of the Pool Committee in any year shall be as determined by majority vote' of the voting power of members of the.pool in attendance at the annual pool meeting. Each member of the Pool Committee shall have one vote and shall serve for a two-year term. The members first elected shall classify themselves by lot so that approximately one-half serve an initial one-year term. Vacancies during any term shall be filled by a majority of the remaining members of the Pool Committee. 5. Advisory Committee Representatives. The number of EXHIBIT "F" -62- Item Y —885 i j representatives of the Pool Committee on the Advisory Committee $I shall be as provided in the rules of the pool from time to time $! but not exceeding ten (10). The voting power of the pool on the 4; Advisory Committee shall be apportioned and exercised as deter- 5 mined from time to time by the Pool Committee. b� 6. Replenishment Obligation. The pool shall provide funds 7i for replenishment of any production by persons other than members 8 of the Overlying (Non-agricultural,) Pool or Appropriator Pool, -in 9 excess of the pool's share of Safe Yield. During the first five 10 (5) years of operations of the Physical Solution, reasonable 11 efforts shall be made by the Pool Committee to equalize annual 12 assessments. am 13, 7. Assessments. All assessments in this pool (whether for C Z4m J 94�aN7=I replenishment water cost or for pool administration or the allo- ;seQ^15 i �U, 1 cated share of Watermaster administration) shall be in an amount e La V EM b?161 uniformly applicable to all production in the pool during the S N K 17 preceding year or calendar quarter. Provided, however, that the 18 Agricultural Pool Committee, may recommend to the Court modifica- 19 tion of the method of assessing pool members, inter se, if the 20 same is necessary to attain legitimate basin management objecti'ves, 21 including water conservation and avoidance of undesirable socio- 22 economic consequences. Any such modification shall be initiated 231 and ratified by one of the following methods: 24I (a) Excess Production. In the event total pool 25 production exceeds 100,000 acres feet in any year, the Pool 26 Committee shall call and hold a meeting, after notice to all 27 pool members, to consider remedial modification of the 28 assessment formula. EXHIBIT "P" -63- Item Y -886 11 2! 3 41 5 6 7 8 9 10 11 12 0 YF en qMgy oFW_13 W F�m m o o u Z r 14 0Q��mLL� SZu 0. m=-xs n; e; 17 18 19 20 21 22 23 24 25 26 27 28 (b) Producer Petition. At any time after the fifth full year of operation under the Physical Solution, a peti- tion by ten percent (10%) of the voting power or membership of the Pool shall compel the holding of a noticed meeting to consider revision of said formula of assessment for re- plenishment water. In either event, a majority action of the voting power in attend- ance at such pool members` meeting shall be binding on the Pool Committee. 8. Rules. The Pool Committee shall adopt rules for con- ducting meetings and affairs of the committee and for adminis- tering its program and in amplification of the provisions, but not inconsistent with, this pooling plan. EXHIBIT "F" -64- Item Y -887 1 2 3 4 5 6 7 B 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "G" OVERLYING (NON-AGRICULTURAL) POOL POOLING PIM 1. Membership in Pool. The initial members of the pool, together with the decreed share of the Safe Yield of each, are listed in Exhibit "D". Said pool includes producers of water for overlying industrial or commercial (non-agricultural) purposes, or such producers within the Pool who may hereafter take water pur- suant to Paragraph 8 hereof. 2. Pool Committee. The Pool Committee for this pool shall consist of one representative designated by each member of the pool. Voting on the committee shall be on the basis of one vote for each member, unless a volume vote is demanded, in which case votes shall be allocated as follows: The volume voting power on the Pool Committee shall be 1,484 votes. Of these, 742 votes shall be allocated on the basis of one vote for each ten (10) acre feet or fraction thereof of decreed shares in Safe Yield. (See Exhibit "D".) The remaining 742 votes shall be allocated proportionally on the basis of assessments paid to Watermaster during the preceding year.* 3. Advisory Committee Representatives. At least three (3) members of the Pool Committee shall be designated by said committee to serve on the Advisory Committee. The exact number of such representatives at any time shall be as determined by the Pool Committee. The voting power of the pool shall be exercised in the *Or production assessments paid under Water Code Section 72140 et seq., as to years prior to the second year of operation under the Physical Solution hereunder. EXHIBIT "G" -65- a Item Y —888 I Advisory Committee as a unit, based upon the vote of a majority of 2 said representatives. 3 4. Replenishment Obligation. The pool shall provide funds d for replenishment of any production in excess of the pool's share 5of Safe Yield in the preceding year. 61 5. Assessment. Each member of this pool shall pay an assess- 1 7 ment equal to the cost of replenishment water times the number of 8 acre feet of production by such producer during the preceding year 9 in excess of (a) his decreed share of the Safe Yield, plus (b) any 10 carry-over credit under Paragraph 7 hereof. In addition, the cost 11 of the allocated share of Watermaster administration expense shall 12 be recovered on an equal assessment against each acre foot of e �o ae Qm- 13 production in the during pool p g such preceding fiscal ,year or calen- ® g-5ss Ud;n5o'v14 dar quarter; and in the case of Pool members who take substitute 0aIMh 5Z9g=a'h 15 ground water as set forth in Paragraph 8 hereof, such producer 0t mZ 0; m; 16 shall be liable for its share of administration assessment, as if 0 < Np 17 the water so taken were produced, up to the limit of its decreed 18 share of Safe Yield. 19 6. Assignment. Rights herein decreed are appurtenant to the 20 land and are only assignable with the land for overlying use 21 thereon; provided, however, that any appropriator who may, directly 22 or indirectly, undertake to provide water service to such overlying 23 lands may, by an appropriate agency agreement on a form approved by 24 Watermaster, exercise said overlying right to the extent, but only 25 to the extent necessary to provide water service to said overlying 26 lands. 27 7. Carry-over. Any member of the pool who produces less than 28 its assigned water share of Safe Yield may carry such unexercised EXHIBIT "G" -66- Item Y -889 1 2 3 4 5 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 11 right forward for exercise in subsequent years. The first water produced during any such subsequent year shall be deemed to be an exercise of such carry-over right. In the event the aggregate carry-over by any pool member exceeds its share of Safe Yield, such member shall, as a condition of preserving such surplus carry-over, execute a storage agreement with Watermaster. B. Substitute Supplies. To the extent that any Pool member, at the request of Watermaster and with the consent of the Advisory Committee, takes substitute surface water in lieu of producing ground water otherwise subject to production as an allocated share of Safe Yield, said party shall nonetheless remain a member of this Pool. 9. Rules. The Pool Committee shall adopt rules for adminis- tering its program and in amplification of the provisions, but not inconsistent with, this pooling plan. EXHIBIT "G" -67- Item Y -890 1 2 3 4 5 6 7 8 9 10 11 o 'p 12 Y� an �A gym_ 13 �Oj,�uzN14 oo�k�LLi 5d="=3;16 c0 mzn16 ❑, o; 17 18 19 20 21 221 23 24 25 26 27 28 EXHIBIT "H" APPROPRIATIVE POOL POOLING PLAN 1. Qualification for Pool. Any city, district or other public entity and public utility -- either regulated under Public Utilities Commission jurisdiction, or exempt therefrom as a non- profit mutual water company (other than those assigned to the Overlying [Agricultural] Pool) -- shall be a member of this pool. All initial members of the pool are listed in Exhibit "E", togethe with their respective appropriative rights and acre foot allocatio and percentage shares of the initial and subsequent Operating Safe Yield. 2. Pool Committee. The Pool Committee shall consist of one (1) representative appointed by each member of the Pool. 3. Voting. The total voting power on the Pool Committee shall be 1,000 votes. Of these, 500 votes shall be allocated in proportion to decreed percentage shares in Operating Safe Yield. The remaining 500 votes shall be allocated proportionally on the basis of assessments paid to Watermaster during the preceding year.* Routine business of the Pool Committee may be conducted on the basis of one vote per member, but upon demand of any member a weighted vote shall be taken. Affirmative action of the Committee shall require a majority of the voting power of members in attend- ance, provided that it includes concurrence by at least one-third of its total members. 4. Advisory Committee Representatives. Ten (10) members of *Or production assessments paid under Water Code Section 721 et seq., as to years prior to the second year of operation under the Physical Solution hereunder. EXHIBIT "H" -68- Item Y —891 1 the Pool Committee shall be designated to represent this pool on 2 the Advisory Committee. Each major appropriator, i.e., the owner 3 of an adjudicated appropriative right in excess of 3,001 acre feet, 4 shall be entitled to one representative. The remaining members 5 representing the Appropriative Pool on the Advisory Committee shall 6 be elected at large by the remaining members of the pool. The 7 voting power of the Appropriative Pool on the Advisory Committee 8 shall be apportioned between the major appropriator representatives 9 in proportion to their respective voting power in the Pool Com- 10 mittee. The remaining two representatives shall exercise equally 11 the voting power proportional to the Pool Committee voting power •12 of all remaining appropriators; provided, however, that if any Z �b 13 representative fails to attend an Advisory Committee meeting, the ¢o pah U ,6N z N 14 voting power of that representative shall be allocated among the ob 5¢Q�oo�=i^ 15 representatives of the Appropriator Pool in attendance in the same m 0mSU_ 2� wn i og m, 16 proportion as their own respective voting powers. s Np 17 5. Replenishment obligation. The pool shall provide funds 18 for purchase of replenishment water to replace any production by 19 the pool in excess of Operating Safe Yield during the preceding 20 year. 21 6. Administrative Assessment. costs of administration of 22 this pool and its share of general Watermaster expense shall be 23 recovered by a uniform assessment applicable to all production 24 during the preceding year. 25 7. Replenishment Assessment. The cost of replenishment water 26 required to replace production from Chino Basin in excess of 27 operating Safe Yield in the preceding year shall be allocated and 28 recovered as follows: EXHIBIT "H" -69- Item Y —892 2 3 a 5 6 7 8 9 10 11 12 z uo o s f• Y N 13 m<° ❑mn yuy �igb xa 14 LLOJNu0N k� el5 t °. M 16 ❑; m; 171 18 19 20 21 22 23 24 25 26 27 281' (a) For production, other than for increased export, within CBMWD or WMWD: (1) Gross Assessment. 15% of such replenishment water costs shall be recovered by a uniform assessment against all production of each appropriator producing in said area during the preceding year. (2) Net Assessment. The remaining 85% of said costs shall be recovered by a uniform assessment on each acre foot of production from said area by each such appropriator in excess of his allocated share of oper- ating Safe Yield during said preceding year. (b) For production which is exported for use outside Chino Basin in excess of maximum export in any year through 1976, such increased export production shall be assessed against the exporting appropriator in an amount sufficient to purchase replenishment water from CBMWD or WIM in the amount of such excess. (c) For production within SBVMWD or PVITWD: By an assessment on all production in excess of an appropriator's share of Operating Safe Yield in an amount sufficient to purchase replenishment water thr SBVMWD or NIWD in the amount of such excess. 8. Socio-Economic Impact Review. The parties have conducted certain preliminary socio-economic impact studies. Further and more detailed socio-economic impact studies of the assessment formula and its possible modification shall be undertaken for the Appropriator Pool by Watermaster no later than ten (10) _years from the effective date of this Physical Solution, or whenever total EXHIBIT "H" -70- Item Y -893 1 2 3 4 5 6 7 8 9 10 11 12 UNoNF[�pN14' 6Ojiiom °o :<q15 ja° °- o mzV o0l6; e; 0- 17 1s 19 20 21 22 23 24 25 26 27 28 11 production by this pool has increased by 30% or more over the decreed appropriative rights, whichever is first. 9. Facilities Equity Assessment. Watermaster may, upon recommendation of the Pool Committee, institute proceedings for levy and collection of a Facilities Equity Assessment for the purposes and in accordance with the procedures which follow: (a) Implementing Circumstances. There exist several sources of supplemental water available to Chino Basin, each of which has a differential cost and quantity available. The optimum management of -the entire Chino Basin water resource favors the maximum use of the lowest cost supplemental water to balance the supplies of the Basin, in accordance with the Physical Solution. The varying sources of supplemental water include importations from MWD and SBVNIWD, importation of surface and ground water supplies from other basins in the immediate vicinity of Chino Basin, and utilization of re- claimed water. In order to fully utilize any of such alter- nate sources of supply, it will be essential for particular appropriators having access to one or more of such supplies to have invested, or in the future to invest,directly or in- directly, substantial funds in facilities to obtain and deliver such water to an appropriate point of use. To the extent that the use of less expensive alternate sources of supplemental water can be maximized by the inducement of a Facilities Equity Assessment, as herein provided, it is to th long-term benefit of the entire basin that such assessment be authorized and levied by Watermaster.' (b) Study and Report. At the request of the Pool EXHIBIT "H" -71- Item Y —894 I 2 3 d 5 6 7 8 9 10 11 12 18 19 20 21 22 231 24 25 26 27 281 Committee, Watermaster shall undertake a survey study of the utilization of alternate supplemental supplies by members of the Appropriative Pool which would not otherwise be utilized and shall prepare a report setting forth the amount of such alternative supplies being currently utilized, the amount of such supplies which could be generated by activity within the pool, and the level of cost required to increase such uses and to optimize the total supplies available to the basin. Said report shall contain an analysis and recommendation for the levy of a necessary .Facilities Equity Assessment to accompli said purpose. (c) Hearing. If the said report by Watermaster contai a recommendation for imposition of a Facilities Equity Asses ment, and the Pool Committee so requests, Watermaster shall notice and hold a hearing not less than 60 days after dis- tribution of a copy of said report to each member of the pool, together with a notice of the hearing date. At such hearing, evidence shall be taken with regard to the necessity and propriety of the levy of a Facilities Equity Assessment and full findings and decision shall be issued by Watermaster. (d) Operation of Assessment. If Watermaster determines that it is appropriate that a Facilities Equity Assessment be levied in a particular year, the amount of additional supple- mental supplies which should be generated by such assessment shall be estimated. The cost of obtaining such supplies, taking into consideration the investment in necessary facilities shall then be determined and spread equitably the producers within the pool in a manner so that those EXHIBIT "H" -72- Item Y —895 1 2 3 4 5 6 7 8 9 10 11 12 u >n Cg ¢am �og��gH1g od�fon� 15 0o mzv16 ❑; u' � N � 17 18 19 20 21 22 23 24 25 25 27 28 producers not providing such additional lower cost supple- mental water, and to whom a financial benefit will result, bear a proportionate share of said costs, not exceeding said benefit; provided that any producer furnishing such supple- mental water shall not thereby have its average cost of water in such year reduced below such producer's average cost of pumping from the Basin. In so doing, Watermaster shall establish a percentage of the total production by each party which may be produced without imposition of a Facilities Equity Assessment. Any member of the pool producing more water than said percentage shall pay such Facilities Equity Assessment on any such excess production. Watermaster is authorized to transmit and pay the proceeds of such Facilities Equity ,Assessment to those producers who take less than their share of Basin water by reason of furnishing a higher per- centage of their requirements through use of supplemental water. 10. Unallocated Safe Yield Water. To the extent that, in five years, any portion of the share of Safe Yield allocated to the Overlying (Agricultural) Pool is not produced, such water shall be available for reallocation to members of the Appropriative Pool, as follows: (a) Priorities. Such allocation shall be made in the following sequence- (1) to supplement, in the particular year, water available from Operating Safe Yield to compensate for reduction in the Safe Yield by reason of recalculation thereof after the tenth year of operation hereunder. EXHIBIT "H" -73- Item Y -896 11 21 4 5 6 7 8 9 18 19 20 21 22 231 24 25 26 27 281 (2) pursuant to conversion claims as defined in Subparagraph (b) hereof. (3) as a supplement to Operating Safe Yield, without regard to reductions in Safe Yield. (b) Conversion Claims. The following procedures may be utilized by any appropriator: (1) Record of Land Use Conversion. Any appro- priator who undertakes, directly or indirectly, dur- ing any year, to permanently provide water service to lands which during the immediate preceding five (5) consecutive years was devoted to irrigated agriculture may report such change in land use or water service to Watermaster. Watermaster shall thereupon verify such change in water service and shall maintain a record and account for each appropriator of the total acreage involved and the average annual water use during said five-year period. (2) Establishment of Allocation Percentage. In any year in which unallocated Safe Yield water from the Overlying (Agricultural) Pool is available for such conversion claims, Watermaster shall establish allocable percentages for each appropriator based upon the total of such converted acreage recorded to each such appro- priator's account. (3) Allocation and Notice. Watermaster shall thereafter apply the allocated percentage to the total unallocated Safe Yield water available for special allocation to derive the amount thereof allocable to EXHIBIT "H" -74- Item Y —897 1 2 3 d_ 5i 6I, 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 each appropriator; provided that in no event shall the allocation to any appropriator as a result of such conversion claim exceed 50% of the average annual amount of water actually applied to the areas converted by such appropriator prior to such conversion. Any excess water by reason of such limitation on any appropriator's right shall be added to Operating Safe Yield. Notice of such special allocation shall be given to each appropriator and shall be treated for purposes of this Physical Solution as an addition to such appropriator's share of the operating Safe Yield for the particular year only. (4) Administrative Costs. Any costs of Water - master attributable to administration of such special allocations and conversion claims shall be assessed against appropriators participating in such reporting. 11. In Lieu Procedures. There are, or may develop, certain areas within Chino Basin where good management practices dictate that recharge of the basin be accomplished, to the extent prac- tical, by taking surface supplies of supplemental water in lieu of ground water otherwise subject to production as an allocated share of Operating Safe Yield. (a) Method of Operation. Any appropriator producing water within such designated in lieu area who is willing to abstain for any reason from producing any portion of such producer's share of operating Safe Yield in any year may offer such unpumped water to Watermaster. In such event, Watermaster shall purchase said water in place, in lieu of spreading replenishment water, which is otherwise required to EXHIBIT "H" -75- Item Y -898 I 21 4 5 6 7 8 F'll 101 18 19 20 21 22 23 24 251 26 27 28 make up for over production. The purchase price for in lieu water shall be the lesser of: (1) Watermaster's current cost of replenishment water, whether or not replenishment water is currently then obtainable, plus the cost of spreading; or (2) The cost of supplemental surface supplies to the appropriator, less a, said appropriator's average cost of ground water production, and b. the applicable production assessment were the water produced. Where supplemental surface supplies consist of MWD or SBVMWD supplies, the cost of treated, filtered State water from such source shall be deemed the cost of supplemental surface supplies to the appropriator for purposes of such calculation. In any given year in which payments may be made pursuant to a Facilities Equity Assessment, as to any given quantity of water the party will be entitled to payment under this section or pursuant to the Facilities Equity Assessment, as the party elects, but not under both. (b) Designation of In Lieu Areas. The first in lieu area is designated as the "In Lieu Area No. 1" and consists of an area wherein nitrate levels in the ground water gen- erally exceed 45 mg/l, and is shown on Exhibit "J" hereto. other in lieu areas may be designated by subsequent order of Watermaster upon recommendation or approval by Advisory Committee. Said in lieu areas may be enlarged, reduced or EXHIBIT "H" -76- Item Y —899 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 eliminated by subsequent orders; provided, however, that designation of In Lieu Areas shall be for a minimum fixed term sufficient to justify necessary capital investment. In Lieu Area No. 1 may be enlarged, reduced or eliminated in the same manner, except that any reduction of its original size or elimination thereof shall require the prior order of Court. 12. Carry-over. Any appropriator who produces less than his assigned share of Operating Safe Yield may carry such unexercised right forward for exercise in subsequent years. The first water produced during any such subsequent year shall be deemed to be an exercise of such carry-over right. In the event the aggregate carry-over by any appropriator exceeds its share of Operating Safe Yield, such appropriator shall, as a condition of preserving such surplus carry-over, execute a storage agreement with Watermaster. Such appropriator shall have the option to pay the gross assess- ment applicable to such carry-over in the year in which it accrued. 13. Assignment, Transfer and Lease. Appropriative rights, and corresponding shares of Operating Safe Yield, may be assigned or may be leased or licensed to another appropriator for exercise in a given year. Any transfer, lease or license shall be ineffec- tive until written notice thereof is furnished to and approved as to form by Watermaster, in compliance with applicable Watermaster rules. Watermaster shall not approve transfer, lease or license a right for exercise in an area or under conditions where such production would be contrary to sound basin management or detri- mental to the rights or operations of other producers. 14. Rules. The Pool Committee shall adopt rules for EXHIBIT "H" -77- Item Y -900 I administering its program and in amplification of the provisions, 2 but not inconsistent with, this pooling plan. 4 6 7 B 9 10 20 21 22 23 24 25 26 27 28 EXHIBIT "H" —78- 8 0 Item Y —901 1 2 3 4 5 6 7 8 9 10', 11 12 O pn a ¢� ENOOmzm 14 s t�1NU04 aoazuQ15 oo mZn16 a m> < N � 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "I" ENGINEERING APPENDIX 1. Basin Management Parameters. In the process of imple- menting the physical solution for Chino Basin, Watermaster shall consider the following parameters: (a) Pumping Patterns. Chino Basin is a common supply for all persons and agencies utilizing its waters. It is an objective in management of the Basin's waters that no pro- ducer be deprived of access to said waters by reason of unreasonable pumping patterns, nor by regional or localized recharge of replenishment water, insofar as such result may be practically avoided. (b) Water Quality. Maintenance and improvement of water quality is a prime consideration and function of management decisions by Watermaster. (c) Economic Considerations. Financial feasibility, ecnomic impact and the cost'and optimum utilization of the Basin's resources and the physical facilities of the parties are objectives and concerns equal in importance to water quantity and quality parameters. 2. Operating Safe Yield. Operating Safe Yield in any year shall consist of the Appropriative Pool's share of Safe Yield of the Basin, plus any controlled overdraft of the Basin which Watermaster may authorize. In adopting the operating Safe Yield for any year, Watermaster shall be limited as follows: , (a) Accumulated Overdraft. During the operation of this Judgment and Physical Solution, the overdraft accumu- lated from and after the effective date of the Physical EXHIBIT "I" -79- Item Y -902 1 2 3 Q 5 7 8 9 10 11 z ;n 12 0 or m_13 m4g fiQn u�oR 1_ 4 a 15 gQem3�v O o m 2 n 16 a; m; < Np 17 Solution and resulting from an excess of Operating safe Yield over Safe Yield shall not exceed 200,000 acre feet. (b) Quantitative Limits. In no event shall Operating Safe Yield in any year be less than the Appropriative Pool's share of Safe Yield, nor shall it exceed such share of Safe Yield by more than 10,000 acre feet. The initial Operating Safe Yield is hereby set at 54,834 acre feet per year. Operating Safe Yield shall not be changed upon less than five (5) years' notice by Watermaster. Nothing contained in this paragraph shall be deemed to authorize, directly or indirectly, any modification of the allocation of shares in Safe Yield to the overlying pools, as set forth in Paragraph 44 of the Judgment. 3. Ground Water Storage Agreements. Any agreements author- ized by Watermaster for storage of supplemental water in the available ground water storage capacity of Chino Basin shall include, but not be limited to: 18 (a) The quantities and term of the storage right. 19 (b) A statement of the priority or relation of said 20 right, as against overlying or Safe Yield uses, and other 21 storage rights. 22 (c) The procedure for establishing delivery rates, 23 schedules and procedures which may include 24 [1) spreading or injection, or 25 (2) in lieu deliveries of supplemental water for 25 direct use. 27 (d) The procedures for calculation of losses and annual 28 accounting for water in storage by Watermaster. EXHIBIT "I" -80- Item Y —903 1 2 3 4 5 a 18 19 20 21. 22 23 24 25 26 27 28 (e) The procedures for establishment and adminis- tration of withdrawal schedules, locations and methods. EXHIBIT "I" -81- Item Y -904 CHINO BASIN IN LIEU AREA NO. 1 EXHIBIT "J" -az- Item Y -905 LEGAL DESCRIPTION OF CHINO BASIN . Preamble All of the to-.,nships and ranges referred to in the following legal description are the San Bernardino Base and Meridian. Certain designated sections are implied as the System of Government Surveys may be extended where not established. Said sections are identified as follows: Section 20, T1N, R8W is extended across. Rancho Cucamonga; Section 36, T1N, RBW is extended across the City of Upland;.. Sections 2,' 3, and 4, T1S, R714.are extended across Rancho Cucamonga; Section 10, T1S, RBW is extended across the City of Claremont; . Sections 19, 20, 211 30, 31 and 32, T1S, R814 are extended across the City of Pomona;; Sections 4, 5, and 28, T2S, RSW are extended across Rancho Santa Ana Del Chino; Sections 15 and 16, T3S, R7W are extended across Rancho La Sierra; and Sections 17 and-20, T3S, R714'are extended across Rancho.E1 Rincon. Description Chino Basin is included within portions of the Counties of San Bernardino, Riverside and Los Angeles, State of California, bounded by a continuous line described as follows: BEGINNING at the Southwest corner of Lot 241 as shown on Nap of Ontario Colony. Lands, recorded in Nap Book 11, page G, Office of the County Recorder of San Bernardino County, said corner being the Point•of Beginning; 1. Thence Southeasterly to the Southeast corner BX111BIT "K" _n3_ Item Y —906 of Lot 419 of said Ontario Colony Lands; 2. Thence Southeasterly to a point 1300 feet North of the South line and 1300 feet East of the West line of Section 4, T1S, R7W; 3. Thence Easterly to a point on the East line of Section 4, 1800 feet North of the Southeast corner of said Section 4; 4. Thence Easterly to the Southeast corner of the Southwest quarter of the Northeast quarter of Section 3, T1S, R711; 5. Thence Northeasterly to a point on the North line of Section 2, TlS, R71.7, 1400 feet East of the Nest line of said Section 2; G. Thence Northeasterly to the Southwest corner of Section 18,'•T1N; RGW; - 7. Thence Northerly to the Northwest• corner of said Section 18; S. Thence Easterly to the Northeast corner of said Section 18, 9..,Thence Northerly to the Northwest corner of the Southwest quarter of Section 8, TIN, R6N; 10. Thence Easterly to the Northeast corner of said Southwest quarter of said Section 8; 11. Thence Southerly to the Southeast corner of said Southwest quarter of said Section 8; 12. Thence Easterly to the Northeast corner of Section 17, TIN, R61Q; 13, Thence Easterly, to the Northeast corner of Section 16, TIN, R6W; 14. Thence Southeasterly to the Northwest corner of the Southeast quarter of Section 15, TIN, R611; 15. Thence Easterly to the Northeast corner of said Southeast quarter of said Section 15; 16. Thence Southeasterly to the Northwest corner of the Northeast quarter of Section 23, TIN, R611; 17. Thence Southcasterly,to the Northwa st'corner EXHIBIT "N" Item Y -907 of Section 25, T1N, RGR;; 18. Thence Southeasterly to the Northwest corner of the Northeast quarter of Section 31, T1N, R5W; 19. Thence Southeasterly to the Northeast corner of the Northeast quarter of Section 5, T1S, R51•I; 20. Thence Southeasterly to the Southeast corner of Section 4, T1S, R511; 21. Thence Southeasterly to the Southeast corner of the Southwest quarter of Section 11, T1S, R5W; 22. Thence Southwesterly to the Southwest corner of Section 14, T1S, R5W; 23. Thence Southwest to the Southwest corner of Section 22, T1S, R5W; 24. Thence Southwesterly'to the Southwest corner of the Northeast quarter of Section•6, T2S, R5W; 25. Thence Southeasterly to the Northeast corner of Section 18 T2S, R5W; 26. Thence Southwesterly to the Southwest corner of the Southeast quarter of Section 13,.T2Sj R6W; 27. Thence Southwesterly to the Southwest corner of the Northeast quarter of Section 26, T2S, R6W; 28. Thence Westerly to the Southwest corner of the Northwest quarter of said Section 26; 29. Thence Northerly to the Northwest corner of said Section 26; 30. Thence Westerly to the Southwest corner of Section 21, T2S, RGw: 31. Thence Southerly to the Southeast corner of Section 29, T2S, R611; 32. Thence Westerly to the Southeast corner of Section 3D, T2S, R6W; 33. Thence Southwesterly to the Southwest corner of Section 36, T 2 S, R 7 W; 34. Thence Southwesterly to the Southeast-' corner RRIIII31T "K" -85- Item Y -908 of Section 3, T351 R7W; 35. Thence Southwesterly to the Southwest corner of the Northeast quarter of Section 10, T3S, R7W; 3G. Thence Southerly to the Northeast corner'of the Northwest quarter of Section 15, T3S, R714; 37. Thence Southwesterly to the Southeast corner of the Northeast quarter of Section 16, T3S, R7W; 38, Thence Southwesterly to the Southwest corner of said Section 16; 39. Thence Southwesterly to the Sbuthwest corner of the Northeast quarter of Section 20, T3S, R7W; 40. Thence Westerly to the Southwest corner of the Northwest quarter of said Section 20; 41. Thence Northerly to the Northwest corner of: Section 17, T3S,' R711; •42. Thence Westerly to the Southwest'corner of Section 7, T3S, R7W; 43. Thence Northerly to the Southwest corner of Section 6, T3S, R7W; 44. Thence Westerly to the Southwest corner of Section 1, T3S, R811; 45. Thence Northerly to the Southeast corner of Section 35, T2S, RBW; 46. Thence Northwesterly to the Northwest corner of said Section 35; 47. Thence Northerly to the Southeast corer of Lot 33, as shown on Map of Tract 3193, recorded in Map Book 43, pages 46 and 47, Office of the County Recorder of San Bernardino County;. 48. Thence Westerly to the Northwest corner of the Southwest quarter of Section 28, T2S, RBW; 49. Thence Northerly to the Southwest corner of Section 4, T2S, RGW, 50. Thence Iesterly to the Southwest corner of Section 5, T2S, RSW; );X[IIIIIT "fi" -86-' Item Y -909 51. Thence Northerly to the Southwest corner of Section 32, T1S, RUI; 52. Thence 47esterly to the Southwest corner of Section 31, T1S,• RB;•1; - 53. Thence Northerly to the Southwest corner of Section 30, T1S, RBW; 54. Thence Northeasterly to the Southwest corner of Section 20, T1S, R8W; 55. Thence Northerly to the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 20; 56. Thence Northwesterly to the Northeast corner of the Southeast quarter of the Southeast quarter of the Northwest quarter of Section 19, T1S, R8W; 57. Thence Easterly to the Northwest,corner of Section 21, T1S, R814; : 58. Thence Northeasterly to the Southeast corner of the Southwest quarter of the Southwest quarter of Section 10, T1S, RBW;• 59. Thence Northeasterly to the Southwest corner of Section 2, T1S, RM; 60. Thence Northeasterly to the Southeast corner of the Northwest quarter of the Northwest quarter of Section 1, T1S, RW, 61. Thence Northerly to the Northeast corner of the Northwest quarter of the Northeast quarter of Section 36, TlN, R8W; 62. Thence Northerly to the Southeast corner of Section 24, T1N, RBW; 63. Thence Northeasterly to the Southeast corner of the Northwest quarter of the Northwest quarter of Section 20, T1N, R7W; and G4. Thence Southerly to the Point of Beginning. EXHIBIT "K" -87- Item Y -910 Sections Included Said peri::=tcr description includes all or por- tions of the follo•aing Townships, Ranges and Sections of San Bernardino Base and ideridian: T111, R514 - Sections: 30, 31 and 32 TIh', R614 - Sections: 8, 14, 15, 16, 17, 18, 19, 20•, 21, 22, 23, 25, 26, 27, 2B, 29, 30, 31, 32, 33, 34, 35 and 36 TIN, R7W - Sections: 19, 20, 24, 25, 26, 29, 30, 31, 32, 35 and 36 _ TIN, RM - Sections: 25 and 36 TlS.,f' RSW - Sections: 4, 5, 6, 7, 8,• '9, 10, IIr' 14, ' 15, I6, 17, 1B, 19, 20, 21, 22, 28, 29, 30, 31 and 32. TIS, R6W - Sections: TIS, R7W - Sections: 1 through•36, inclusive 1 through 36, inclusive TIS, RSW - Sections: 1, 2, 10, 11, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36 T2S, R514 - Sections: 6, 7 and 18 T2S, R614 - Sections:. 1, 2, 3, 4, Sr 6, 7, B, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,. 23, 24, 2G, 29, 30 and 31 T2S, R711 - Sections: 1 through 36, inclusive T2S, ROW - Sections: 1, 2, 3, 4, 5, 9, 10, ll,.12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 35 and 36 T3S, 117W -.Sections: 2,•3, 4, 5, 6; 7, 8, 91 10, 15, 16, 17 and 20 VS, ROW - Section: EXHIBIT "K" -88- n Item Y -911 'ittenborrl 9z Item Y —912 APPENDIX B CUCAMONGA BASIN JUDGMENT Item Y —913 I :ia%-xded Anril 23,1? 9 4-95, :.fie_ 321, S ? r -rdino C:, is is �c_:.r-,'s.• VIALK-M, WRIGHT, TYLER & WARD 210 West 7th Street, Suite 631 Los Angeles 14, California 1'Rinity 8936 Attorneys for Plaintiff Iti THE SUPERIOR COURT OF TiiE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BMMkRDIN0 S.4i. AMMNIO WATER COMPANY, a corporation, Plaintiff, -vs- FOOTHILL IRRIGATICtN COMPANY, a corporation; SUNSET WATER COMPANY, a rorporation; IOAMGSA WATER COr`.PMIY, a corporation; and OLD SETTLERS WATER COMPA-NY, a corporation; ALTA LOMA MUIIJAL LINTER COMPANY, a corporation; AMISTRCNG Sv'ASM-(IES, a corporation; 0AUYAN H5ICHro— WATER COMPANY, a corporation; CARNELIAN WATER wnvna r, a G,jzpv1a 1. Vu- 1tn'w nn; V") - \1�[, a corporation; CUCA+VONGA DEVELOPMENT COMPANY, a corporation; CLCANOIGA WATER CMTANY, a corporation; HEDGES WELL COMPANY, a corpor- ation; HELLMAN WATER COMPANY, a corporation; HFEFMCSA VIATER COMPANY, a corporation; A :L-rJAL WKIM 00,%PA;dY, a corporation; HEX MUTUAL WATER COMPANY, a corporation; SAPPHIRE Mt1TUAL WATER COMPANY, a corporation; QLARLES SNYDER; UPLAND VIATER COMPAN1, a corporation; HENRY G. BODKIN and Ri*!K OF A?:•L".RICA NATIONAL TRUST P-M SAVIN�:m ASSOCIATION, as Executors of the last will of Giovanni Val, deceased; WESTERN FRUIT GROWERS, a corpora'.ton; HLKH P. CRAWFORD; G. N. HAMILTOM MI MCH, a oarL-ntrsh1p compoasd of Arthur Bridge` Helen bx-dre, and Grace W. Burt; MIN, DOE GME to THIRTY iCclusive, MARY RO- C'M to THIRTY znclusive, JOF'Rm DOE CO:d?w7f CMS to Ti1''o:7i; znrlusi�%e, Da. ,� dants., IM No. 926,45 D ECR_E2 I Item Y —914 I� i 'WHEREAS, there has been filed in the above entitiL�l 2 action, a Stipulation for Judgment duly executed by and on the 3 part nZ each and all of the ::oilowing named parties to said actidn d twho are collectively hereinafter referred to as the "stipulating 5 partiesa), to wit-, 81 San Antonio Water Company, a corporation; 7 Foothill Irrigation Company, a corporation; e, Ioanosa Water Company, a corporation; 9!1 Old Settlers Slater Company, a corporation; 1011 Sunset hater Company, a corporation; 11,1 Cucamonga Water Company, a corporation; i 12 I� Alta Loma Mutual 'Water Company, a corporation; 13Ii � Armstrong Nurseries, a corporation; ld] Banyan Heights Water Company, a corporation; 15 Carnelian Water Company, a corporation; lb• Citrus Slater Company, a coxporation;- 17 Hedges Well Company, a corporation; Ica Hellman Water Company, a corporation; 1a Hermosa Water Compatry, a corporation; 20 Joys Mutual Plater Company, a corporation; 21 Upland Water Company, a corporation; ?2 ! Western Fruit Growers, a corporation; 23 Cucamonga Development Company, a corporation; 1 24 Sapphire Mutual Water Company, a corporation; 1 2a ! Charles Snyder; 25I� Hugh P. Crawford; i 27 Bank of America National Trust and Savings Associstioa, °3 2� If a national banking association, and t'.anry G. 'Eod:cin, f ' , as execut cxs of the last Will of �i pvanni Val, •i ecess x:: `Y G. N. Hamilton Ranch, a partnership composed of Arthur 9l 1 .I Eridge, Helen Bridge, Grace W, Burt; 3, i� I Item Y —915 20 21', 22 23, 2:' 25 25 27 ?g 20 30 11 32 and Rex tdutual Water Company. and, 'WHEREAS, the Court has heard and considered evidence on the part of various of the stipulating parties, NMI, THEREFORE, IT IS HEREBY ORDERED, ADJ)IDGEO AT31 DECREED by this Court the,, FIRS!': As used herein, the terms listed below shall have the respective meanings next following them, viz: (a) "Cucamonga Basin" or sBasin" shall mean that certain territory in the County of San Bernardino, State of California; which is more paiticutlarly described upon Exhibit 1, and shall also include all percolating water and underground water and water sources underlying said -territory; (b) "Imported water" shall mean water derived fron a stream flow in an area outside of any water shed draining into the Cucamonga Basin. Specifically, water derived from San Antonio Canyon and/or Creek is "imported water", (c) "Irrigation. season" shall mean that portion of each year when irrigating is required by the users of the water sold by the Plaintiffs and Defendants hereto. Mile this period varies considerably from year to year, the irrigating season genarally commences during any month in which the rainfall does not exceed two inches, and the season generally terminates after the first rainfall of two inches or more. The season, usually approximates the period from May let to November 1st. ".Spreading season'° is the balance of each year remaining after deducting the irrigation season for such year, and is usually approximately the period from, Novem Ler ist of one year to May 15t of the succeeding year. "Spread" xith respect to ureter shall mean to conduct the same upon and sins: the same into the gravels of Cucamonga Basin during a spreading season. -3- Item Y —916 11 8� gd 10 11 12 20 ! 21 i 22 23 24 M (d) "Aggregate stipulated water means the total number of acre feet of water set opposite the names of all stipulating parties in Exhibit 2. (e) "Pre -ratan means, in each case, in the same propor- tion as the acre feet listed opposite the name of names of the party or respective parties in question hear to the aggregate stipulated water; and the verb "pro -rate" means to divide and share pro-rata among the stipulating parties. (f) "Allocated water" of any stipulating party or parties in each case means the number of acre feet of water set out on Exhibit 2 opposite the name or names of such party or parties. (g) "Ten preceding years" means the period of ten con- secutive-.aalendar'.years which immediately'pracedas or has preceded the:year 'or event mentioned. (h) "Five --sixths of the water users" shall mean stipu- lating parties having in the aggregate allocated water which is not less than five -sixths of the total allocated water of all stipulating parties. (i) An "inch" of water or a "miner's inch" of water shall mean a flow of water equal toone-fiftieth (1,/50th) of a cubic foot of water per second of time. (j) Any party hereto the corporate name of which ends IIy^.ith ?2later Company" or "tAutual Water Company4 will be hc-reinafter ' referred to without such words. Thus "San Antonio" means herein °San Antonio Slater Company" and similarly with the other pares �I using said words "Water Company" or "Mutual Wafer Company". � (k) "Canyon pipeline" shall mean the pipeline (varying in i size between approximately 32 inches in inside diameter and about i` 18 inches) which extends Southerly from a point an the chann21 of it i i Cucamonga Creek at an elevation of approximately 235G feet above i sea level (herein called "Northerly intake") to the "wound wain" ;I ment1=6d talow. -4 Item Y —917 5 e 7 S 91 20 21 22 2u 24 25 25 27 2d 29 30 31 32 (1) "Round weir" shall mean that certain weir of Ioamosa marked on the map Exhibit 3 as "Round Weir"and located near the top of the bluff on the East side of Cucamonga Creek and just Northerly from the Westerly prolongation of Almond Street, ssid weir being the point from which (a) two ten -inch water lines marked on the map Exhibit 3 as "Ioamosa 10 inch" lead Easterly to Ioamosafs Carnelian Street Reservoir (at about elevation 2030 feet above sea level on the East side of Carnelian Street between Hillside Road and Almond Straet);(b) a six-inch water line marked on the map Exhibit as "Hamilton 6 inch"leads Southeasterly to the Hamilton Ranch(which lies South of Hillside Road,North of Banyan Street,East of Sapphire Street and West of Carnelian Stregt),and,(c) an eight -inch water line marked on the map Exhibit 3 as "Banyan 8 inch" runs Southerly down Topaz Street to connect with the water system -of Banyan Heighti (m) 'Reservoir Reir" means the weir of Ioamosa located at the Carnelian Street Reservoir. (n)"Ioamosa Southerly Intaken shall mean a line extending Mast across the channel of Cucamonga Creek from the existing"Canyon Weir" of Ioamosa marked on the map Exhibit 3 as "Canyon weir",which weir- is located in Cucamonga Canyon,is part of the Canyon pipeline, and is situated about midway (or somewhat Northerly thereof)between the round weir and the Northerly intake mentioned above. (o) "Schulhof pipe -line" means that certain three-inch wale: pipe -line marked on the map Exhibit 3 as RSchulhof 3 inch" imich connects with the Canyon pipe -line Northerly of the round weir, and which is mentioned in paragraph Secand(h) of that certain decree dated April 12, 1937, in action No. 29,799 (Schulhof v. Cucamonga Development Company) in the above entitled Superior Court. (o) The water to which Ioamosa is entitled as provided in paragraph '"Third" hereof is herein called "Ioamosa gravity water', or "gravity water". (q) "An overflow year"shall mean any calendar year for which -5- Item Y -918 1Ithe hater level determined as hereinafter provided in 'the incieu 2 well is at an. elevation of 1345 feet or higher above sea level., u For the pUrposes of determination of elevation above sea 4 level the United States Geological Survey bench mark on Baseline 5 (also known as 16th Street) as it exists on the date this decree is S entered, on or near the north boundary of Section 4, Township 1 7 South, Range 7 west, and approximately Four -fifths of a mile west o: B Vineyard Avenue,shall be deemed to be at an elevation above sea 0 level of 1454 feet. The elevation of the water level in such index 10 well shall be determined by measuring the elevation of such water 11 in such well on October let of each year (Provided that if any such 12 day falls on a Sunday or a holiday, measurements shall be made an 13 the next business day). The index well shall be the well known 14 as Shaft No. 4-A of the San Antonio Water Company located approx- 15 imately 154 feet Southerly of the Northwest corner of Lot 14 of 13 Red Hill subdivision and shown on the map Exhibit 5. Valls No. 11 17 of Cucamonga Water Company and 20 and 22 of the San Antonio Water 16 Company shall not be pumped within three days before such date of 10 measurements, and the tunnel bulkhead adjacent to Red Hills Country Y0 1club will be kept closed for a like period before such date. If 21 for any reason Shaft g-A shall not be available fox measurement, 22 then the index well shall be Wells No. 11 of Cucamcnga Water Cancan 25 or 20 or 22 of the San Antonia Water Company, in the order herein 24 listed. Ii for any reason none of said wells shall be available 25 for such measurement, the identity and location of the index well 26 may be determined by a written stipulation executed by five -sixths 27 of the water users and filed in said action, or in default of 25 said stipulation by order of the said court. N0 Annexed to this Decree and hereby incorporated herein are tt 30 kfollowing Exhibits: 31'Exhibit 1: A description of the territory under which 32 lies the "Cucamonga Basin"; -6- Item Y —919 Exhibit 2: A list of the °allocated water" of each Party (Other than the stream flow mentioned in paragraph "Third"); Exhibit 3; A map of "Cucamonga Pipe Lines"; Exhibit 4: A man of "'Cucamonga Spreading works"; Exhibit 5: A map of "Well and Shaft Locations"; and said exhibits are herein, respectively referred to as "Exhibit 111, "Exhibit 211, "Exhibit 211, 'Exhibit 4" and "Exhibit 511. SECO"U: This paragraph deals with the right and quantity of water San Antonio may annually hereafter extract from the Cucamonga Basin as reduced by its failure to previously annually spread therei the minimum amount of water hereinafter set forth,or as increased by 121its previously annually spreading more imported water therein than 13 sand minimum, excepting, however,in both such situations the spread-i r 14 ing of imported water during years in which such spread causes iya 15 the Basin to overflow resulting in such year constituting an overflo ._ 15 year, as defined in Paragraph First, subdivision (q)tha re of. ao'=_ iK 17 'II` For the purpose of the computation in this Paragraph Second, 18 +�i ;; shall be assumed that San Antonio has spread in each of the ten 19 llj!yeass previous to 1957, 2,000 acre feet of imported water. 20 11 With respect to each calendar year after entry of this decree 211leach preceding ten year period shall be divided into "included" and 221I11Fxcluded" years. "Excludedyears" are those calendar years which 23lare defined as overflow years in Paragraph First, subdivision W 2'I1thereof. All other calendar years are "included years". 251) If in the ten preceding years San Antonio shall have spread 26 Illess than 2,000 acre feet of imported water in any of the included 27 llyegrs, as modified by the assumption above set forth, the difference 2g!Pntween (a) The amount of imported water �nhi.ch shall have been so is 29 h�`spread in such included years, and (b) The quantity of 2,000 acre 30 spread multiplied by the number of included years, shall to known 31 11.as the "ten year deficit". 32 Any right of San Antonio to extract .vater from the Cucameaya I -7 - , jl Item Y 920 I Basin in any calendar year after the entry of this decree shall be a .reduced by the number of acre feet of water equal to the tan year. 3, deficit divided by the number of included years, if any such doficit q shall hive occurred, so that such right to extract water for such 5 .year shall not exceed 69500 acre feet less the ten year deficit 5 divided by the number of included years. 7 Correspondingly, with respect to each calendar year after 8 the entry of this decree, if In the ten preceding years San Antonio 9 shall have spread more than 2, 000 acre feet of imported water in a ny 10 of the included years,as modified by the assumption above set forth, 11 the difference between (a) The amount of imported water which shall 12 have been so spread in such included years, and (b) The quantity of 13 2,000 acre feet multiplied by the number of included years, shall be rn 14 known as the "ten year surplus". .ai:3 18 ;he Fight of San Antonio to extract water from the Cucamonga y16 Basin in any calendar year after the entry of this decree, shall be 0 Q:6 17 increased by a number of acre feet of water equal to 95 percent of " 18 the ten year surplus divided by the number of included years, if any • 19 such surplus shall have occurred, so that there shall be added for 20 such year to San Antonio's right to extract 6,500 acre feet of water 21 a number of acre feet of water equal to 95 percent of the ten year 22 surplus divided by the number of included years. Provided, however, 25 that in no case shall such increased extraction exceed 2,000 acre 24 feet of water for any one calendar year. 25 So long as the water level in the index well referred to in 26 aragraah First; subdivision (q) herein is at an elevation below 27 1345 feet above sea level, and in the event San Antonio has available 28 in any one calendar year after the year 1956 more than 2,000 acre fet 29 'of imported water, and desires to sell the sama,it shall,before se 30 ssuch imported water to .others not parties to this Decree, annually 31 offer to sell such imported water to the other stipulating parties 32 thereto for spreading in the Cucamonga Basin and at a price to be f Item Y —921 I11between the parties by negotiation, but in any event to be not ?.jlgreater than the price San Antonio can obtain from others not u aarties of this Decree. $i In the event San Antonio and the other stipulating parties I 5 I(hareto do not agree by October 1st to the terms for the purchase 1 6 of said imported water to be sold and spread during the next 7 succeeding spreading season, then San Antonio is thereafter free 8 to sell such imported water to other parsons not parties hereto, 9 for at its option, it may spread such imported water in the Cucamonga 10 'Basin and by so spreading xill receive the credit for water 11 soreod as provided in this paragxaph Second. If the stipulating 12'1oarties and San Antonio agree to the purchase from San Antonio 13 lof any imported water, and such stipulating parties, other than 14 San Antonio, purchase said water and the same is spread in the ,0 u 15ucamonga C9asin, then during such year no credit shall be ao, 16 given to San Antonio toward estimating its ten year surplus r: ka 17 or deficit for the amount of water so purchased and spread. m , 18 THIRD; loamosa,and Hamilton Ranch, a partnership composed 191of Arthur Bridge, Helen Bridge and Grace V9, Burt, are the owners 90 of the paramount right to take and divert throughout each year 21IIlIat or Northerly from the Ioamosa Southerly intake all surface 22 and subsurface flow of Cucamonga Creek, not exceeding hoviever 1 23 ,bvo hundred fifty (250) miners inches of water, (measured at 24 ithe round weir and the intake to the Schulhof pipeline), including 25 any :eater which shall be supplied to the Schulhof pipeline under 26 �Ithe terms of said decree in action No. 29,799 or otherwise. The 27 i Aright to said flow of Cucamonga Creek up to 250 minar's inches I�per year is subject to an obligation of Hamilton Ranch and Ioamosa Ito deliver water into the Schulhof pipeline, and the balance of 3tl said water is owned by Hamilton Ranch and Ioamosa in the folio^,ving 31 I�proportinnss I, (a) Hamilton Ranch 128/1200ths thereof; -9- Item Y —922 l i! 3 6 3I 91 (b) loamosa 1072/1200+hs thereof, subject to the right of Sapphire to the extent of one (1) inch from the weir box on Ioamosa's pipeline located approximately 1200 feet Fast of the "round weir". The rights of loamosa to the loamosa gravity water are subject to the provisions hereof. Ioamosa may transport such gravity water to any location or locations whether within or withou' the basin, and use or deliver such water at any such location or .location, provided, however, if any of the Ioamosa gravity water is ased or conducted outside the Basin in any year, then the quantity pater which loamosa shall be entitled to develop or extract from th Basin by Paragraph Fourth and Exhibit 2 herein during the next succeeding year shall be reduced by an amount equal to the quantity of Ioamosa gravity water so used or conducted outside the Basin during such year. The stipulating parties hereto shall within sixty (60) days after the date of this judgment., at their propor-tionate expense,con struct in a manner which shall have been approved by San Antonio Water Company or by the above entitled Court a dividing weir locate where Ioamosa now maintains the "round weir". Such dividing weir shall be so constructed that it will automatically limit to 249 ! inches the amount of water that will flow into the above mentioned four outgoing lines i4hat are now connected with the round weir and I are referred to in paragraph First (1) herein. IWithin sixty (60) days after the date of this judgment the stipulating parties hereto shall also construct in a manner which shall have been approved by San. Antonio Water Company or by the above entitled Court a dividing weir at the said III Carnelian Street reservoir. The dividing weir at this point shay_ be so constructed as to permit Ioamosa to divert fifty inches of such loamosa gravity vaster to domestic use. -10- Item Y —923 12 13 14 15 16 17' 13 19 20 21 22 23 24 25 26 27 23 29 3o 3'1 32 During each Spreading season, the remaining amount of Ioamosa gravity water over and above fifty (50) inches, shalI..be-either: (a) Used for irrigation purposes over Cucamonga Basin; nx, (b) Spread over Cucamonga Basin in the spreading grounds of Ioamosa or Banyan Heights Water Company; or (c) Returned,by Ioamosa to the channel of Cucamonga Creek.. During each spreading season all of the flow of Cucamonga Creek in excess of such 250 inches after passing through the debris basins numbered C1 to C12 inclusive on Exhibit 4 shall be spread in spreading grounds which now exist, or axe now under construction,or which axe proposed, as shown an Exhibit 4,3ncluding the channel or wash of Cucamonga Creek, and which overlie the Cucamonga Basin and are North of Baseline Road. Whenever such spreading grounds ar-,.all overflowing, or would overflow,the waters which do or would so over flow may be spread in the 015th St.Spreading Grounds" as shown on said map, and when the "15th St. Spreading Grounds"also do or would overflow, the vlatems which do or would so overflow the "15th St. Spreading Grounds" may be spread in what is known as the "Sth Strea Spreading Grounds!', all as shown on Exhibit 4,even though all or pa of such spreading grounds do not overlie the Cucamonga Basin. Such spreading shall be done at one or more locations in said spreading grounds which shall be approved by San Antonio. Such flow of Cucamonga Greek may be spread at other locations than above provided, and outside the area above described upon the written consent of 5/6th of the water users, as defined .in paragrap First subdivision (k) of this Decree. If any costs are incurred ,in such spreading by any party hereto.for which such party would not otherwise be reimbursed, such costs shall be pro -rated between the parties hereto. EC .TH• The rights of all stipulating parties to take water from Cucamonga Basin, subject to the adjustments set fort!) in this decree and to the provisions of paragraphs Second and Third acovs, -11- Item Y —924 uR� u1. yr' fn o` 131 141 18 a 1q ial I w9 20 . 21' e^2 23 24 85 26 F1� 24 3C 31. ZP are hereby fixed at the quantities set forth in Exhibit 2. Such rights are correlative, and except as to quantity or as herein otherwise stated are equal. No stipulating party shall have any right to export water from the Cucamonga Basin or use water extract from the Cucamonga Basin at any place other than over the Cucamonga Basin except as provided in paragraph Third and as follows; (a) The following stipulating parties, or any of them, may use water which they are entitled to extract from Cucamonga Basin in any location whatsoever, namely, San Antonio, Cucamonga, Upland, Old Settlers, and Sunset. (b) Hermosa, Foothill Irrigation.Company and Alta Loma are entitled to export water fxorn Cucamonga Basin only to the extent hereinafter set forth, and none of said parties shall ever export from the Basin more water than said "Export quantity^herein listed for it, to wit; Party HERMOSA Export Quantity 343 Acre Feet FOOTHILL IRRIGATICtd COYIPANY 483 Acme Feet AM A LOMA 51 Acre Feet and if in any year water used outside the basin which has been ex- tracted or developed from the basin by any of said parties exceeds the "Export Quantity" above listed for such party, the quantity of water which such party shall be entitled to develop or extract fro the basin in the ensuing year shall be reduced by an amount equal to such excess. FIFTH: Within sixty (60) days after the date of this judgment, San Antonio shall, in the event it has not already done so, install, at the following locations, suitable recording and measuring devises, by means of which all spread water passing through such devices may,'.-.e accurately measured and the quantity of such seater recorded. Said locations are as follo;rs: (1) On 23rd Straet at the Northeast corner of Ontario -12- Item Y —925 101 1'1 12 13' 14 1.5 16 17 Colony Lot No. 170 (2) On 20th Street at the Northwest corner of Ontario Colony Lot No, 282; and (3) On the West line of Ontario Colony Lot No. 301, i 400 feet North of 19th Street. Such measuring and recording devices shall be of such design and construction as may be agreed upon by and between San Antonio and 'Cucamonga, or, if they fail to agree,as may be designated by the Chief engineer of the San Bernardino County Flood Control District, or by the above entitled Court. All imported water which is to be spread upon Cucamonga Basin' whather spread by San Antonio to earn its entitlement under paxagra}II Second hereof, or is spread after the purchase thereof by the parti hereto other than San Antonio,siiall be conducted through said recor� ing and measuring devices by San Antonio,urless otherwise agreed in writing by thestipulating parties, including San Antonio,having allocated water equal to at least five -sixths (5/6ths) of the aggre 18 i gate stipulated water, and no water not so conducted through such I 19 �j I devices and measured shall be counted as water spread under the terbs 20 of such paragraph Second, unless so agreed in.vaiting by such oarti- N1 I Said devices shall be. designed and operated so that they I 22 �� II ;,ontinucv slY recarch the amovrrt vF water passing therethrough bztLvee 25 jpp4 the start avd'finish of each spreading season. In case- of failure 84 II of measuring devices, average of the preceding and succeeding 25 i measurements shall be used. Such records shall be open to the insveci 25 II ion of all other stipulating parties on reasonable notice. V �I Each stipulating party shall have the right to inspect such i 28 iF recording and measuring devices at any time,and,in the event that 29 the same shall even he locked,each of the stipulating parties sha11i 30 �Ii be furnished by San Antonio with a key thereto so as to per:r.it in- 31 li spaction thereo:. Further, San Antonio shall grant to the other i i 32 j stipulating parties hereto, insofar as it can do so without bniaq ; ,(I -13- i I f� Item Y —926 1 required to obtain the same from others, a non-exclusive i-ight. of 2 ingress anti egress from the nearest public stieQt to said recording 3 ojeasuring devices. The stipulating parties hereto shall pxa-rate th 4 expense of the original installation of said recording measuring 5 devices, and San Antonio shall thereafter operate and maintain and 9 bear the expense of operating and maintaining such devices, 7 SIXTH: As between the Stipulating parties only, no extractic a of .water from Cucamonga t9asin by any party in excess of the amount 9 herein provided to be taker. by such party, shall be deemed adverse to 10 any other stipulating party, and each stipulating party hereby waive 11 as against each other stipulating party the right to plead any state 12 of limitations or lathes with respect to any extraction of water by 15 such party in excess of such amount. a 14 SWEDrIH: Except as provided in paragraph Second,if any stip- w- f915 ulating party in any year shall fail -to take or receive from the bat aJaa 15 or transport beyond the confines of the basin,the full quantity of 17 water which such party is entitled hereunder to take or receive or ' 19 transport beyond said cogfines,as the case may be,such failure sha1: 19.. not entitle such party to take or receive or so transport from the 20 basin in any succeeding year any greater quantity of water than if 21 aach prior year such party had taken,received and so transported 22 from the basin all water which such party was entitled hereunder to 25 take, receive and transpart,and, subject to the provisions of Para- 24 graph Fifteen, such failure shall not affect the rights of other .tS parties to the decree to take the stipulated amounts of water they ; 26 entitled to receive by Exhibit 2 herein. 27 Likewise,except as provided in said paragraph Second, as 2a between the stipulating parties, no right adjudged hereunder of any 29 party to thereafter take water from the Basin or to thereafter "ran 30 port such water beyond the confines of the Basin shall be last, 81 11inpairad or diminished by any failure to take or so transport, from :12 Basin all or any of the.water to which such party is entitled hereu 33 unless and only to the entent that for a period of at least Fifteen -14- Item Y —927 A 2) 3 4 5 6 7 0 9 consecutive years such right shall not be exercised. MGM- Each stipulating party shall .always maintain records of all extractions of water from the Basin by such party such that i can he determined therefrom for each year what quantity of water was taken from each wall, or combination of wells,or other water source within the Basin from which such party received water. Upon written demand of any other stipulating party.the party keeping such records shall, within 30 days after receipt of such demand, supply to the party making such domand or to the person designated by such party in such demand a written statement of the amount of water(in acre feet)so taken from each such well or combin- ation of wells, or other source,for each year after 1957, with 13 'respect to which no such statement has previously been supplied. 14 Within six months hereafter as to existing wells, or upon 15 commencement of operation as to wells first hereafter operated,each 16 such well or combination of wells shall be so equipped with measurin 17 devices at the expense of stipulating party who operates the same,as 18 to show the quantity of water used or extracted. l9 Likewise, if any stipulating party hereafter transports water 20 beyond the confines of the Basin,such transporting party shall there 21 after maintain such measuring box,meter,weir, or other measuring 22 device as will show readily and accurately the quantity of water at 23 the time -being transported beyond the confines of the Basin.6teasure- 24 ments of the quantity of water being taken at each of said points 25 shall be made by such transporting party at least daily by weir or 26 weekly by meter throughout the entire period water is being taken at 27 such point. A record of such measurements and hours of operation 28 shall always be made and maintained by such party.In•case of failure 29 of measuring device, average of the preceding and succeeding measurel- 'u0 meets shall be used. I 31 i Each stipulating party and any agent of any such party shell 3� lat all reasonable hours he entitled to inspect all such meters, boxl. i i Item Y —928 I II I j`weirs and other measuring devices, and to inspect, chock, and copy g�any record of extractions and measurements and of all data and snm- 31j11LItations pertaining to the same in the possession or under the 411con'trol of any other stipulating party or parties. g1 �Ir NTH: Every provision of this Judgment in favor of or 6applying to any party hereto shall also apply to and inure to they 7 1banefit of, and also bind each and all of the heirs, legal represents 9 :gat ivos, successors and assigns of such party. 91 TEPf . The maximum quantity of water which any stipulating h 10;party shall be entitled to take from the Basin or transport beyond 11 its confines shall not be increased or affected by the futur 12les gg�acquisition by such party of additional lands, unless there shall be 13!appurtenant to such Lands rights to take water, Mhich rights are c % ld in this action adjudged to exist, �e. Nothing in this judgment contained shall prevent any stipul- O a9 td gating party from selling or otherwise disposing, or from purchasing ak,'= �•; 175ox otherwise aequiring,..any rights to water or to transport the same 1811wh.i-h may he adjudged to belong to any party to this action;but any 19 such rights so acquire{ or so disposed shall remain subject to any 20:limitations or restrictions herein expressed. Any transfer of the 21lrights of any party herein shall be in writing, and notice thereof 22 shall be (( given to San Antonio Water Company and Cucamonga Basin 23 iprotective Association, a corporation, whose address is Cucamonga, 24161ifornia, beforo the transfereq may exercise such transferred righ nit 25It ELQ/EN'TH. The stipulating parties shall pro -rate the expense 25 Jlincurred after the date of this Judgment in prosecuting this action 27 I1tto Judgment against any other parties to this action. it 23J The stipulating parties will unite in opposing any navy, 29jvsongful or unlaiw� ul.taking of -water from the B-Asin. hereafter made 30i�by arty person o;: corporation other than a stipulating party or L parties, and will prorate the expense of making! such opposition., 32ili.ncLuding any litigation or engineering expense., provided that; I: -16- li n Item Y —929 r (a) The term "new taking" shall not include any v-,iter devel- 2isopment ii, the Basin hereafter made for the sole purpose of maintain - !I `in but not Increasing an quantity of water .iow being taken from 3 :i _..9 g Y Q Y 9 gtithe Basin by the person who nay hereafter make such development.. it y (b) If any .stipulating party does not: join in prosecuting 6'•any future suit to prevent, enjoin or limit any such new, tv;ongful I v iar unlawful taking, such stipulating party not so joining shall bear 8,:pro-rs'�a the expense of such suit (including attorney's fees and y;.�nglneering expense) only if final judgment is rendered in such 1p 1!suit preventing, enjoining or limiting such taking, r 11ITWELFTH: Each stipulating party, and the,agents and employees 12 Lf each such party, is and are hereby perpetually enjoined and re- i: strained from doing any act or thing in violation of any provision k A 14 ijif this judgnent, other than paragraph, Eleventh hereof. Yy3 16: 'IFIIRIEENIH: ND stipulating party shall be entitle, to s aEa 1611--ecover court costs from any other stipulating party. W. I �10 1?i� FOURTEEMM-, The above entitled action shall continue and may N 13Ibe prosecuted and tried against all defendants therein, other than 19 the stipulating parties; and the stipulating parties shall share I�the expense of such prosecution pro-rata. The Court will retain 21'1juxiadiction to enter modifications of this decree pursuant to 22:stioulatiors provided for hereunder. 23 FIFTEUrM In the event that through inadequacy of the it 2=supoly of water in the Cucamonga Basin, or by reason of adjudication 25111n any subsequent action, 'the stipulating parties in the aggregate (' 26.':shall be unable to pump and extract from the Cucamanga Basin a i 2'ljiquantity of rater so great as the aggregate st..ipulated water as is 28!!se= forth in Exhibit 27 the stipulating parties ,hall pro••rato the I I 29 :�aggr agate quantity of rater available in the Jasin a5 long -un such 30 jinabil.9ty shall continue., 31 it tn,the event between October 1st of any year and .iune 15rh 32 I. of the succeeding calendar year, five-sixths-sixthsof the water urerr, -]7- jl Item Y —930 1 shall agree in writing by a stipulation filed in said action that 2 the supply of water in the Basin is j.nadequate to safely permit the 3 stipulating parties to pump in such ensuing year the aggregate 4 stipulated water and that the amount of water to be pumped by each fi stipulating party .shall for such succeeding calendar year be limited o" to a specified percentage (uniform for all)of the allocated water, 7 then For such succeeding calendar year, each stipulating party is 8 hereby enjoined and restrained from pumping or extracting from the 9 Basin more than such percentage of allocated water of such party 10 (subject to the provisions of paragraphs Second and Third hereof). 11 ..SIXTEENTH:. The listing upon Exhibit 2 of any number of 12 acre feet for any party to this action other than a stipulating 13 party, shall not be deemed an admission by any stipulating party 3 14 that a non -stipulating party is entitled to any watea whatsoever }fig �a 15 from Cucamonga Basin, nor as to the, quantity which such non- a�s" 16 stipulating party may take from said Basin, if any, but. each such 17 figure for any non -stipulating party is listed as a matter of con - IS venience and as a possible basis of compromise only. 19 SEVENTEENTH: This judgment supersedes and controls all 20 previous agreements and decrees between the stipulating parties,or 21 Jany of them but only insofar as they are inconsistent herewith. 22 Done in open Court this L5—day of April ,1953. 23' 24 25 2E 27 22 29 30 31 32 CARL B. HILLIARD am Judge Item Y —931 3� 9 10 11 12 13 14 I5 la 17 18 19 20 21 22 23 24 25 215 27 23 29 30 31 v2 EXHIBIT 1 TERRITORY UNDER WHICH LISS THE "CU AMCdJGA BASIN" That certain territory in the County of San Berhardino, State of Califoxnia, which is situated to the South of the Sierra ldadre range of mountains and is bounded and described as follows, to wit: Beginning at the base of the hereinbefore men- tioned Sierra Madre Mountains at a point situate 9000 feet due North of the Southwest Corner of Lot 241, said lot being delineated on Map of Ortaria Colony Lands, recorded in the Office of the County Recorder of said County in Book 11 of Maps,at,page 6 thereof; thence running South tc said Southwest corner of said Lot 241; thence running in a general Southeasterly direction to the Southeast corner of Lot 419, said lot being also delineated on said Map of said Ontario Colony Lands; thence continuing in a general Southeasterly direction to a point situate thirteen hundred feet t4orth of the South line and thirteen hundred feet East of the West line of Section 4, Township 1 South, Range 7 'Nest, S. B. B. & M., thence running in a general Eaeterly direction to a point situate on the East line of said Section 4, eighteen hun- dred feet North of the Southeast corner of said Section 4; thence running in a general Northeasterly direction to the Southeast corner of the Southwest quarter of the Noutheast quarter of Section 3, Toamship 1 South, Range 7 West, S. B. B. & M., thence running Northeasterly to a point situate on the rforth line of Section 2, Township 1 South, Range 7 West, S. B. B. &-M., fourteen hundred feet East of the West line of said Section 2; thence running in a general Northeasterly direction to the base of said mountains, to a point where the division line between ranges six and seven, S. B. B. & M. intersects the South base of said mountains; thence following the meander- ing line of the 'South base of said mountains, being curved northerly for canyons and southerly for ridges, in a westerly direction to the place of beginning. ExKlalr 1 Item Y —932 a! a 3 gal ' S 7 P . 9 �10 11 r12 I3 a x� I so 17 n Y lQ i 1� as 21 22 r 23 2d 25 2u" 27 28 29 3o 31 JH MIBIT 2 STIPULATED WATER NAME ACRE FEET PER YEAR San Antonio ilater Company �'wO 6500 Alta Loma Mutual Water Company _-/ •600- Armstrorg Nurseries 200 =- Banyan Heights Watex'Company 625 Carnslian Watar Company ,.4-600 Citrus Water Company .450- Cucamonga Water Company 6.6500 Cucamonga Development Company (included under None Ioamosa) Foothill Irrigation Comphnny /i600 Hedges Wall Company --732 Hallman Water Company (included under IOamDea) None Hermosa Water Company ---600 Ioamosa Water Company, i920 Toya Mutual,V/ater Company •.390 Old Settlers Plater Company 40r —.400 Rex Mutual Water Cqmpapy —600 Charles Snyder i/114 Sunset Water Company �C•c- —400 Upland Water Company iS✓ 750 Heirs and Devisees of Giovanni Vai,deceased -500 Hugh P. Crawford 120 °Aestern Fruit Growers .. 120 Sapphire Mutual Water Company None G. D1. Hamilton Ranch, a partnership None AGGREGATE STIPULATED VIATER MISIT 2 30/ Item Y —933 13 19 20 21 22 23' 2=1 23 PS 27 s.3 29 30 '61 32 WALKER, WRIGHT, TYLER & 'BARD 210 14. 7th Street, Suite 631 Los Angeles, 14, California, TRinity 8936 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO SAN ANTONIO WATER COMPANY, a corporation, Plaintiff, V5. FOOTHILL IRRIGATION COMPANY, a corporation; SlPSE7 WATER COMPANY, a corporation; IOAP/.OSA WATER CO3IPANY, a corporation; and OLD SETTLERS WATER COMPANY, a corporation; ALTA LOMA MUZJAL WATER COMPANY, a corporation; AR,IMSTRONG NURSERIES, a corporation; BANYAN HEIGHTS WATER COVFPMiY, a corporation; CARNELIAN WATER COMPANY, a corporation; CITRUS WATER COMPANY, a corporation; C1CAMCNGA DOIELOP`ENT CO,ITANY; a corporation; CUCAMONGA WATER COMPANY, a corporation; HEDGES WELL COMPANY, a corpora- tion; HELLt.AN WATER COMPANY, a corporation; HERMOSA WATER COMPANY, a corporation; JOYA MUTUAL WATER CO?GPAAIY, a corporation; REY MUTUAL WATER COMPANY, a corporation; SAPPHIRE MUTUAL ;'DATER COMPANY, a corporation.; CHARLES SNYDER; UPLAND WATER COMPANY, a corporation• HENRY G. BCDKIN and BANK OF A'�>EAICA NATIONAL TRUST AND SAVINGS ASSOCIATILN, a, Executors of the last will of Giovanni alai, decaased; WESTERN FRUIT GRCPJERS, a corporation; HUGH P. CRA4tFORD; G. N. KAdMILTON RANCH, a partner- ship composed of Arthur Bridge, Helen Bridge, and Grace IN. Burt; JOHN DOE ONE to THIRTY, inclusive_, VARY ROE ONE to THIRTY inclusive, JOHN DOE COMPANY ONE TO VIENTY inclusive, Defendants. No. STIPiJi.4TTC.N REG.4R9'iNG TRIAL A,1tD IT SS HEREBY STIPULATED AND AGREED by and botv+een plaintiff San Antonio Water Company and the undersigned defendants {said i plaintiff and defendants being herein called "Stipulating partiea"; + -1- i I i Item Y —934 2I 31 4 5 B� 7 8I9 that': FIRST: Each of the undersigned defendants hereby appears £n the above entitled action. The allegations of the complaint on file in said action shall be deemed denied'by the undersigned defendants, and they shall be and are deemed to have alleged in said action that they own such rights to the waters of Cucamonga Creek and of Cucamonga Basin (mentioned in said judgment) as may be supported by any evidence which may be introduced at the trial of said action. 10 II SECOND: At any time after the filing of this stipulation 111 said action may be tried as between the stipulating parties. Said 12 I trial may be held without notice if the undersigned counsel forthe 13 II stipulating parties are present or represented at said trial, and 14 in such, case notice of said trial is hereby waived. 15 II THIRD: The stipulating parties consent that a Decree -in. the 16 ( form which precedes and is attached to this stipulation may be 17 i rendered and entered by the Court in said action, in the event 1s the Court finds such judgment proper under the evidence which shal 19 Zo II have been introduced. FCURTH• The stipulating parties hereby waive the signing 21II or filing of any Findings of Fact in said action in the event a N2 ii decree in said form is to be2,?tendered, 23 •1 natea; .�- '-/- A SeA i957. 24 SAN Ah770NTO 'RATER COMPANY 25..Ej�-�i-n� •=�i; eye ,/��1.��7l'.fypre s:.�s,; 25 :i AND l�`y-�L���c�i_/�s� Secretary l 27 11 /' 23 it i1AL d- WIGl Ri', '�•� AIA Q 29 Attorneys for Plaintiff- 3�u, -FOOTHILL IRRIGATION COMRW( f i.j By r"S✓YiiaLr4 : aLr2tZrV Item Y —935 at 10ANVISA WATER COMPANY BY ^ 1:cam,.. s Pras idea: OLD SETTLERS WATER BY�2 Pre:;id--Mt AND %��,•+d /l•(�a-s�a�•vl Secretary SUWET WATER COMPANY Fl`l i �"'>z^:�e-.�T,t'�,.r%4d7-!Pies i d e r t APlD !/YL-Lr� .%Jd:e,i,�1.•,.>,. Secretary CLC. GA PLAT• COMPANY Y // ' t.Presidert AND / ; .o'' cretary Gl// A/LLTA{LOOMA MUTUAL WATER CONLoANY BY Fcasident Secretary _ IRGNG .W/�Bf�I-ES��� �-�— k H`! //I;;••v✓�iN 1 Pxesident 5ecrecary BAI AN EZCi11S 1Y TER CCMPA7'ff 9`! t iden, �j.. n. /1. Secretary CARNELW 'NA'[E all Secretar;• Cdy �q 4lATER "(� -acre to ry i Item Y —936 2 a 4 5 6 7 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 2A 25 26 27 28 29 30 al a2 Y Y HMDgES WELL COMPANY. BY,� ..✓y °�" �•c.s.,L Pr"ldlnt AND lr�.•e. lam, _ .t ... Sec-retary n HELL AN WATER COMPANY BY . , .dad c�� Pre ident ANDQw Secretary HERMOSA WATER COMPANY ';;President ..K14'J'Secretary JOYA NAIJAL WATER COMPAW BY. zyzda President ANDS � ecretary UPi��� ". JER CO ANY BY-r�tPtesident AND Secretaxy G WESTERN 8 UIT CRONERS AND cretary CLc EVE/ GWdPANY President AM cretazy SAPPHIRE MUTUAL WATER COMPANY -a- i Item Y -937 11 2�3 4f aT 6 7 B 9 10 11 12 13 a w�. x.� 1.6 e"t2 17 19 20 21 22 23 24 25 26 27 2B 29 30 31 32 HENRY G. BODKIN and BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, As Executors of tha Last Will of Giovanni Val, dece_a ed; BY AND (Hpdry G. Bodkin) G. //N... ���1�HAAMyyILTON RANCH, �a ./partnership, BYE/LLr.U�i�� :�;Y� Co i Arthur Bridge BYfi-L,60.4.t• Id-yw (' Helm Brid e) , kCiracy W, Burt Partners REC ERJTUAL . WATER COMPANY wY n� '.'sident Secretary S H- HELLYER [['' BY ✓3 C>L,w, •toxneys for Ioamos a, Cucamonga, Banyan Heights, Joya Mutual, ReX Mutual, end/Sapphire Water Companies, and for ages Well Company and Cucamonga Development Company. -5- Item Y —938