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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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:
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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
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c
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BASE LINE RD
p
Q
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E 14TH IT
t <
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Eo4rwlLMV0
ii
z
y
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--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
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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
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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
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12
on
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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
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2
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Item Y —820
1
2
3
4
5
6
7
8
9
10
11
12
c >"
aPoa
m_13
Uo8,6zW 4
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ga,
00 °' 16
og ma
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18
19
20
21
22
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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
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Z yb
13
�oeNC�N14
eLLf
�o:@ S
14. . 15
0o b=V 16
t Nk
17
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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
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Item Y —822
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B
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x ib
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8q1 omn13
cm
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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
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Item Y —823
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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:
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❑a „� (b) Annual or Year -- A fiscal year, July 1 through
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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.
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(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.
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(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
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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.
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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
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�¢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
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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
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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
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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
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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;
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(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
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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
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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
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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
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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
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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.
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(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
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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
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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_
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member of such Pool or Advisory Committee and to each active
VIngod
914
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party at least 24 hours before the time of each such meeting
0
°s=ggke-j"
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in the case of personal delivery, and 96 hours in the case of
gn mZ^
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mail. The calling notice shall specify the time and place of
NQ
�
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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
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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
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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
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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
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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
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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
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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`
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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
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201
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25
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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-
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Item Y -851
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5.
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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
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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
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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
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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
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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
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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
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0
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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
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YF ��
ag 13
e
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< 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
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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
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u 14
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15
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or mzr16
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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_
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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�
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00 ^nz`16
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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°
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m C1 b O N
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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
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B
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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
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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
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o 'p 12
Y� an
�A gym_ 13
�Oj,�uzN14
oo�k�LLi
5d="=3;16
c0 mzn16
❑, o;
17
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221
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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
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7
8
9
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z uo
o s f•
Y N 13
m<° ❑mn
yuy �igb xa 14
LLOJNu0N
k�
el5
t
°. M 16
❑; m;
171
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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
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7
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UNoNF[�pN14'
6Ojiiom
°o :<q15
ja° °-
o mzV
o0l6; e;
0-
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1s
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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
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3
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8
9
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231
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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
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8
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u >n
Cg ¢am
�og��gH1g
od�fon�
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0o mzv16
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� N �
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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
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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
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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
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F'll
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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
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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
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B
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EXHIBIT "H"
—78-
8
0
Item Y —901
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O pn
a
¢�
ENOOmzm 14
s
t�1NU04
aoazuQ15
oo mZn16
a m>
< N �
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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
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Q
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8
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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
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(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