HomeMy WebLinkAbout1995-165
1 RESOLUTION NO. 95-165
2 RESOLUTION OF THE CITY OF SAN BERNARDINO TO ENTER INTO A STIPULATION
FOR AMENDMENT AND AMENDMENT TO JUDGMENT AND DECREE WITH THE CITY OF
3 RIVERSIDE TO MODIFY PUMPING RIGHTS WITHIN SPECIFIED AREAS OF THE
BUNKER HILL GROUNDWATER BASIN AS ESTABLISHED BY THE 1922 JUDGMENT NO.
4 13754.
5 WHEREAS, in 1922, Judgment was entered in the case of City of San
6 Bernardino vs. city of Riverside, San Bernardino Superior Court Case
7 No. 13754, which appropriated the urban water pumping rights of the
8 parties;
9 WHEREAS, the Board of Water Commissioners of the City of San
10 Bernardino Municipal Water Department (Department) request that the
11 Mayor and Common Council of the city of San Bernardino (San
12 Bernardino) enter into a stipulation for Amendment and Amendment to
13 Judgment and Decree with the Mayor and Common Council of the city of
14 Riverside (Riverside) to modify water pumping rights in specified
15 water pumping areas as established by the 1922 Judgment to enable the
16 Department to construct, operate, and maintain water wells and
17 treatment equipment to distribute treated groundwater from United
18 States Environmental Protection Agency (USEPA) and State of California
19 (CALEPA-DTSC) funded wellhead treatment groundwater contamination
20 remediation facilities; and
21 WHEREAS, the USEPA and CALEPA-DTSC has selected a location for
22 five
(5)
1400 gallons per minute leading edge groundwater
23 contamination cleanup barrier water wells to halt further migration
24 of contaminated groundwater towards Department's and Riverside's
25 existing domestic water wells; and
26 WHEREAS, the Department's water production is limited by the 1922
27 Judgment to 2700 gallons per minute of groundwater production in the
28 area of the 1922 Judgment selected by the USEPA and CALEPA-DTSC as the
1
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RESOLUTION OF THE CITY OF SAN BERNARDINO TO ENTER INTO A STIPULATION
FOR AMENDMENT AND AMENDMENT TO JUDGMENT AND DECREE WITH THE CITY OF
1 RIVERSIDE TO MODIFY PUMPING RIGHTS WITHIN SPECIFIED AREAS OF THE
BUNKER HILL GROUNDWATER BASIN AS ESTABLISHED BY THE 1922 JUDGMENT NO.
2 13754.
3 optimum location for the Newmark Operable Unit groundwater
4 contamination cleanup barrier wells; and
5 WHEREAS, Riverside (Defendants) has agreed to enter into a
6 stipulation for Amendment and Amendment to Judgment and Decree with
7 San Bernardino (Plaintiff) to expand the area of the Judgment referred
8 to as the Antil Region to enable the Department to construct the
9 required barrier wells as depicted in Attachment 1 of stipulation for
10 Amendment and Amendment to Judgment and Decree; and
11 WHEREAS, Riverside has agreed to increase San Bernardino's
12 current water pumping right of 2700 gallons per minute as allowed
13 under the 1922 Judgment to 7000 gallons per minute; and
14 WHEREAS, in return the Board of Water commissioners of the city
15 of San Bernardino has agreed that it would be in the interest of the
16 City of San Bernardino to allow Riverside to drill water wells and
17 produce an amount of groundwater equal to the increase in water
18 production granted to San Bernardino in excess of 2700 gallons per
19 minute (4300 gallons per minute) from an area of the Bunker Hill
20 groundwater basin depicted as Parcel B as shown on Attachment 1 of
21 StipUlation for Amendment and Amendment to Judgment and Decree where
22 water production was previously restricted to Riverside by the 1922
23 Judgment; and
24 WHEREAS, San Bernardino and Riverside recognize that both parties
25 must expend significant capital to install, operate, maintain, repair,
26 and replace pumping, boosting, treatment, and transmission facilities
27 as allowed by both parties within this Amendment to Judgment; and
28 WHEREAS, the Board of Water Commissioners of the city of San
2
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RESOLUTION OF THE CITY OF SAN BERNARDINO TO ENTER INTO A STIPULATION
FOR AMENDMENT AND AMENDMENT TO JUDGMENT AND DECREE WITH THE CITY OF
1 RIVERSIDE TO MODIFY PUMPING RIGHTS WITHIN SPECIFIED AREAS OF THE
BUNKER HILL GROUNDWATER BASIN AS ESTABLISHED BY THE 1922 JUDGMENT NO.
2 13754.
3 Bernardino Municipal Water Department at their regular meeting held
4 on May 2, 1995 passed by unanimous vote a resolution recommending that
5 the Mayor and Common Council approve the stipulation for Amendment and
6 Amendment to Judgment and Decree.
7 WHEREAS, it is understood by San Bernardino and Riverside that
8 this Amendment to Judgment and Decree will remain in effect until
9 modified by both parties through subsequent amendments to the 1922
10 Judgment.
11 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
12 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
13 SECTION ONE: The Mayor is hereby authorized and directed to
of said City the stipulation for Amendment and
14 execute on behalf
15 IIIII
16 IIIII
17 11111
18 IIIII
19 11111
20 11111
21 11111
22 IIIII
23 11111
24 11111
25 11111
26 11111
27 IIIII
28 11111
3
/: , _I.' .-
: ~ JI .
RESOLUTION OF THE CITY OF SAN BERNARDINO TO ENTER INTO A STIPULATION
FOR AMENDMENT AND AMENDMENT TO JUDGMENT AND DECREE WITH THE CITY OF
1 RIVERSIDE TO MODIFY PUMPING RIGHTS WITHIN SPECIFIED AREAS OF THE
BUNKER HILL GROUNDWATER BASIN AS ESTABLISHED BY THE 1922 JUDGMENT NO.
2 13754.
3 Amendment to Judgment and Decree, a copy of which is attached hereto
4 and incorporated herein, as Exhibit "A".
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted
6 by the Mayor and Common Council of the city of San Bernardino at an
8
May
meeting thereof, held on the 22nd
, 1995, by the following vote, to-wit:
day of
7
adjourned regular
9 COUNCIL MEMBERS: ~
10 NEGRETE X
11 CURLIN X
12 HERNANDEZ X
-
13 OBERHELMAN X
14 DEVLIN ---1L
15 POPE-LUDLAM ----1L
16 MILLER
17
18
19
NAYES
ABSTAIN
ABSENT
X
Q~~
~ Rachel Clark, City Clerk
20 The foregoing resolution is hereby approved this Ytjf6 day of
21
May
, 1995.
~~;)jfi4ir1
, Tom l.nor, Mayor
City of San Bernardino
22
23
24 APPROVED AS TO FORM
AND LEGAL CONTENT
25
26 JAMES F. PENMAN
city Attorney
27
28 BY:
t-.(l~
4
95-165
cc:
evin Mayer
ill Bryden
J es Dye
K ke Lowe
9 5-95
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SUPERIOR COURT OF THE STA~r~WEaALj[fFdMl'~4, ~~~~.,.
COUNTY OF SAN BERNARDINO ~ ~n fl' ~ ~
'95 OCT 3rs.~ ~.J ~4-~""
CITY OF SAN BERNARDINO, ) NO. 13 5 ' {}Jb. ~~
a Municipal Corporation, l ~
Plaintiff, ) STIPULATION FOR DMENT
) AND AMENDMENT TO AND
) DECREE ~
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)
)
)
)
)
)
vs.
2
3
4
5
6
7
8
CITY OF RIVERSIDE, a Municipal
Corporation, RIVERSIDE WATER
COMPANY, a corporation,
AUG 2 2 1995
Defendants.
CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPT.
10
11 WHEREAS, on November 16, 1922, the above-entitled Court made and
12 entered ,a Judgment and Decree in the above-entitled action pursuant
13 to a written agreement of the parties; and
14 WHEREAS, the city of Riverside has succeeded to the interest of
15 the Riverside Water Company under the above-referenced Decree and can
16 act on its behalf; and
17 WHEREAS, the parties desire to modify said Judgment and Decree
18 to revise the boundaries of the Antil Region as described in paragraph
19 2 of the Judgment; and
20 WHEREAS, it is also the desire of the parties to increase the
21 plaintiff'S right to take, divert, and use water from the Antil Region
22 as set forth in Paragraph 3 of the Judgment and Decree to enable the
23 plaintiff to participate with the united States Environmental
24 Protection Agency (USEPA) Superfund groundwater cleanup project which
25 will, when implemented, remove groundwater contaminants from within
26 the Bunker Hill groundwater basin and halt the continued southerly
27 migration of contaminants through the groundwater; and
28 WHEREAS, the USEPA has selected a location for five (5) 1,400
45-/f'S"'"
.
r.
1 gallons per minute leading edge groundwater contamination remediation
2 barrier water wells to halt further migration of contaminated
3 groundwater towards plaintiff I s and defendants' existing domestic
4 water wells; and
5 WHEREAS, plaintiff's water production is limited by the 1922
6 Judgment (Paragraph 3(a) subject to the provisions of paragraph 7 and
7 notwithstanding the provisions of paragraph 8) to 2,700 gallons per
8 minute of groundwater production in the area of the 1922 Judgment
9 selected by the USEPA as the optimum location for the groundwater
10 barrier wells; and
11 WHEREAS, defendants have agreed to expand the area of the
12 Judgment referred to as the Antil Region (paragraph 2) to enable
13 plaintiff to construct and operate the required barrier wells as
14 depicted in Attachment 1 attached hereto and incorporated herein by
15 reference; and
16 WHEREAS, defendants have agreed to increase plaintiff's current
17 Antil Region water pumping right of 2,700 gallons per minute as
18 allowed under the 1922 Judgment to 7,000 gallons per minute;
19 WHEREAS, plaintiff has agreed to allow defendants to drill water
20 wells and produce an amount of groundwater equal to 4,300 gallons per
21 minute from an area of the Bunker Hill groundwater basin described
22 within paragraph 3 (d) of Judgment and Decree and depicted as Parcel
23 B on Attachment 1 where water production by Defendants was previously
24 enjoined to defendants under paragraphs 8 and 12 of Judgment and
25 Decree No. 13754;
26 WHEREAS, plaintiff and defendants recognize that the parties must
27 expend significant capital to install, operate, maintain, repair, and
28 replace pumping, boosting, treatment, and transmission facilities as
2
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1 allowed by both parties within the Amendment to Judgment.
2 NOW, THEREFORE, IT IS STIPULATED AND AGREED BY THE PARTIES THAT
3 THE COURT MAY AMEND SAID JUDGMENT AND DECREE AS FOLLOWS:
4 1. That paragraph 2 of the Judgment and Decree shall be amended
5 entirely as follows:
6 "2. For all purposes hereof, the Antil Region is defined
7 as that portion of the San Bernardino Artesian Basin
8 bounded on the north by Baseline Street; on the east by
9 Sterling street; on the south by the line of Cardiff Street
10 extended; and on the west by Sierra Way (formerly "A"
11 Street) of the city of San Bernardino; and that portion
12 beginning on the centerline of Sierra Way and Baseline
13 Street, said point being the true point of beginning of the
14 herein described parcel; thence westerly on Baseline Street
15 to the centerline of "D" street; thence southerly along "D"
16 Street to the centerline of 10th street; thence easterly
17 along lOth Street to the centerline of Sierra Way; thence
18 northerly on Sierra Way to the true point of beginning."
19 2. That paragraph 3 (a) of said Judgment and Decree shall be
20 amended entirely as follows:
21 "The city of San Bernardino Plaintiff herein is the owner
22 of the right to extract and use water from the Antil Region
23 in amounts not to exceed 7,000 gallons per minute for the
24 purposes of groundwater cleanup to effectively remove
25 groundwater contaminants from the area of the Bunker Hill
26 groundwater basin affected by the Newmark groundwater
27 contamination plume and for municipal purposes thereafter.
28 Plaintiff shall maximize use of the five (5) leading edge
3
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1 groundwater contamination remediation barrier wells prior
2 to use of any other water wells within the Antil Region."
3 3. That paragraph 4 of the Judgment and Decree, which in part
4 describes Defendants' pumping rights, shall be amended to add thereto
5 subparagraph 4(c) to read as follows:
6 "4(c). Defendants shall be allowed to take and divert and
7 use an amount of water from the area described within
8 paragraph 3 (c) southerly of the centerline of Highland
9 Avenue as it exists as of January 1995, not to exceed 4,300
10 gallons per minute."
11 4. That paragraph 8 of the Judgment and Decree shall be amended
12 entirely as follows:
13 "The Plaintiff herein shall not develop, take or divert any
14 water by means of wells, now or hereafter bored in or upon
15 land situated in that portion of the municipal limits of
16 the city of San Bernardino lying east of "D" street, in
17 said city, as said limits are on the date hereof
18 constituted; except as in paragraph 3 hereof provided.
19 Except as otherwise permitted by paragraph 4 above, the
20 Defendants herein shall not develop, take or divert any
21 water by means of wells now bored, or hereafter bored, on
22 any lands within the municipal limits of the said City of
23 San Bernardino, as said limits are at the date hereof
24 constituted; provided that said Defendants, and each of
25 them, subject to all limitations and restrictions herein
26 contained, shall have the right to bore wells in and upon
27 lands situated within said municipal limits as now
28 constituted, owned by them respectively, or in or to which
4
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1 they owned the right to take or develop water thereon by
2 means of wells at the date of the commencement of this
3 action, as such title or right now appears of record, to
4 take and divert the same for their respective uses and
5 purposes; provided further that the Defendant Riverside
6 Water Company shall have the right for a period of two
7 years from and after date hereof, but not at any time
8 thereafter, to take and divert water from what is known as
9 the Walkinshaw wells bored upon land situated within the
10 municipal limits of the city, to the extent that it may be
11 necessary to take water from such wells to maintain the
12 supply to which it shall at the time be entitled, after
13 having first taken the water available from all its other
14 wells as hereinbefore provided."
15 5. That in all other respects, the said Judgment shall continue
16 in full force and effect, and shall not be modified or amended in any
17 1111/ 11111
18 II/II 11111
19 11111 11111
20 11111 IIIII
21 IIIII IIIII
22 1111/ 11111
23 IIIII 11111
24 11111 11111
25 11111 II/II
26 11111 11111
27 1111/ 11111
28 11111 11111
5
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1 respect whatsoever except as herein expressly set forth.
2
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Mayor, c~ty of R~ve s~de
JUN 2 1 1995
DATED:
3
4
5 ATTEST:
6
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Karen
DATED:
7
8 AND CONTENT:
9 Stanly T. Yamamoto
city Attorney
10
11
By: f?o~'/1/r( 12 xf(']4M<'
Robert A. Sams
Assistant City Attorney
city of Riverside
~f]l-{~/W\.
May , c~ty 0 an Bernardino
DATED:
DATED:
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12
13
)21 (l~} ;IV: /9? ~
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14
15
16 ATTEST:
17
~
c~t Clerk,
dino
~
C1ty of San Bernar-
DATED:
18
19 APPROVED AS TO FORM AND CONTENT:
20
James F. Penman
City Attor:ley
By: ~~~~v?~
~ane C. Roth
Deputy City Attorney
City of San Bernardino
21
s- ~c:z 'I ~7 ~
DATED:
22
23
24
25 ORDER
26 The Judgment herein is hereby amended to conform to the terms of the
27 foregoing stipulation.
28
AUG 0 3 1995
Date
JOHN P. WABE
Judge of Superior Court
6
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