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CITY OF SAN BERF. iRDINO - REQUEST L )R COUNCIL ACTION
Bernard C. Kersey RESOLUTION AND STIPULATION FOR AMENDMENT
From: General Manager Subject: AND AMENDMENT TO JUDGMENT AND DECREE WIT]
THE CITY OF RIVERSIDE TO MODIFY PUMPING
Dept: Water Department RIGHTS WITHIN SPECIFIED AREAS OF THE
BUNKER HILL GROUNDWATER BASIN - 1922
Date: May 3, 1995 JUDGMENT NO. 13754
Synopsis of Previous Council action:
1922 Judgment was amended by mutual agreement of both parties (City of San Bernardino
Plaintiff and City of Riverside Defendants) in 1949 and 1953.
Recommended motion:
Adopt Resolution
i
Signatur
Contact person: Joseph F. Stejskal Phone: 384-5292
Supporting data attached: YeS Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No./3f
CITY OF SAN BERN. IDINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
A large area of groundwater within the southwestern portion of the
Bunker Hill groundwater basin beneath the City of San Bernardino
has become contaminated with volatile organic contaminants. The
United States Environmental Protection Agency (USEPA) has placed
the contaminated areas known as the Newmark and Muscoy Operable
Units on the USEPA's Superfund Groundwater Contamination
Remediation Project Cleanup List. As a result of USEPA studies, it
has been determined that to halt the further southerly migration of
groundwater contaminants, five leading edge groundwater contamina-
tion barrier extraction wells must be constructed perpendicular to
the movement of the plume in the vicinity of 11th Street between
"D" Street and Waterman Avenue.
The leading edge barrier wells will be constructed and equipped to
produce 1400 gallons per minute each. It is also the intention of
the USEPA to utilize portions of San Bernardino's State-funded
groundwater extraction wells, wellhead treatment equipment, and San
Bernardino's existing boosting and transmission capacity to pump,
treat, and distribute treated water for domestic use.
All capital construction costs including operations, maintenance,
and administrative costs for wellhead treatment facilities will be
the responsibility of the USEPA for a period of ten years after
start-up and State of California Department of Toxic Substances
Control (CALEPA-DTSC) for the eleventh through the thirtieth year--
possibly longer. When legal action is eventually taken against the
suspected party responsible for the groundwater contamination
(United States Army - Camp Ono) and is successful, the USEPA and
CALEPA-DTSC will be relieved of their Superfund obligation and the
USEPA, CALEPA-DTSC, and the Water Department will be reimbursed for
all groundwater contamination expenses incurred.
In 1922 , the Superior Court of California, County of San
Bernardino, made and entered into a Decree and Judgment which
established water rights and pumping restrictions within certain
designated areas of the Bunker Hill basin affecting the cities of
San Bernardino and Riverside and the Riverside Water Company.
(City of Riverside has subsequently succeeded to the interest of
the Riverside Water Company) .
The proposed groundwater contamination barrier wells will produce
7000 gallons per minute or 4300 gallons per minute in excess of San
Bernardino's current pumping right of 2700 gallons per minute
within the restricted areas of the 1922 Judgment.
San Bernardino and Riverside recognized the importance of halting
the migration of the groundwater contaminants to prevent further
loss of the cities of San Bernardino and Riverside's downgradient
0264
CITY OF SAN BERN. RDINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
domestic water wells. Both parties agree that it is in our
collective best interest to enable San Bernardino to increase its
pumping right to 7000 gallons per minute within the modified area
of the Antil Region, shown as Parcel A on Attachment 1 of the
Stipulation for Amendment and Amendment to Judgment and Decree to
accommodate the USEPA and CALEPA-DTSC groundwater contamination
remediation barrier wells.
In return, San Bernardino agrees to allow the City of Riverside to
divert and use 4300 gallons per minute of water from a portion of
the area restricted from Riverside under the 1922 Judgment shown
now as Parcel B on Attachment 1 (the amount of water that will be
produced by San Bernardino from within the modified Antil Region in
excess of our current 2700 gallon per minute right) .
Subsequent to court approval of this Amendment to Judgment, San
Bernardino will, through a Three Party Agreement and a Construction
and Operations Agreement between the USEPA, CALEPA-DTSC, and the
San Bernardino Municipal Water Department, construct, operate,
maintain, administer, and receive ownership of the USEPA/CALEPA-
DTSC funded pump and treat groundwater contamination remediation
facilities at the leading edges of and from within the Muscoy and
Newmark plumes. The project will take approximately three years to
construct and will treat approximately 25, 000 acre-feet of San
Bernardino's current annual domestic water demand of 42 , 000 acre-
feet per year.
Both parties of this Stipulation for Amendment and Amendment to
Judgment and Decree must expend significant capital to install,
operate, maintain, repair, and replace pumping, boosting, and
transmission facilities; therefore, both parties understand and
agree that the Amendment to Judgment would remain in effect until
modified by both parties to allow proper planning and use of
capital facilities with certainty.
On May 2, 1995 the Board of Water Commissioners, by unanimous vote,
adopted Resolution No. 485 recommending that the Mayor and Common
Council approve said Stipulation for Amendment to Judgment.
RECOMMENDATION:
It is recommended that the Mayor and Common Council adopt the
attached Resolution authorizing the Mayor to enter into a Stipula-
tion for Amendment and Amendment to Judgment and Decree with the
City of Riverside to modify pumping rights within specified areas
of the Bunker Hill groundwater basin - 1922 Judgment No.
13754 .
1
1
5-0264
1 RESOLUTION NO.
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
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
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
14 execute on behalf of said City the Stipulation for Amendment and
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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 a
7 meeting thereof, held on the day of
8 1995, by the following vote, to-wit:
9 COUNCIL MEMBERS: AYES NAYES ABSTAIN ABSENT
10 NEGRETE
11 CURLIN
12 HERNANDEZ
13 OBERHELMAN
14 DEVLIN
15 POPE-LUDLAM
16 MILLER
17
18
19 Rachel Clark, City Clerk
20 The foregoing resolution is hereby approved this day of
21 1995.
22
23 Tom Minor, Mayor
City of San Bernardino
24 APPROVED AS TO FORM
AND LEGAL CONTENT
25
26 JAMES F. PENMAN
City Attorney
27
28 BY:
4
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
2
3 CITY OF SAN BERNARDINO, ) NO. 13754
a Municipal Corporation, )
4 )
Plaintiff, ) STIPULATION FOR AMENDMENT
5 ) AND AMENDMENT TO JUDGMENT AND
DECREE
6 )
VS. )
7 )
CITY OF RIVERSIDE, a Municipal )
8 Corporation, RIVERSIDE WATER )
COMPANY, a corporation, )
9 )
10
Defendants. )
)
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
1
1 gallons per minute leading edge groundwater contamination remediation
2 barrier water wells to halt further migration of contaminated
3 groundwater towards plaintiff'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
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:
6 112 . 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 10th 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
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
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
18
19
20
21
22
23
24
25
26
27
28
5
1 respect whatsoever except as herein expressly set forth.
2
3 DATED:
Mayor, City of Riverside
4
5 ATTEST:
6
City Clerk, City of Riverside DATED:
7
8 APPROVED AS TO FORM AND CONTENT:
9 Stanly T. Yamamoto
City Attorney
10
11 By: DATED:
Robert A. Sams
12 Assistant City Attorney
City of Riverside
13
14 DATED:
Mayor, City of San Bernardino
15
16 ATTEST:
17 DATED:
City Clerk, City of San Bernar-
18 dino
19 APPROVED AS TO FORM AND CONTENT:
20 James F. Penman
City Attorney
21
22 By: DATED:
lane C. Roth
23 Deputy City Attorney
City of San Bernardino
24
25 ORDER
26 The Judgment herein is hereby amended to conform to the terms of the
27 foregoing Stipulation.
28
Date Judge of Superior Court
6
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C
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
2
3 CITY OF SAN BERNARDINO, ) NO. 13754
a Municipal Corporation, )
4 )
Plaintiff, ) STIPULATION FOR AMENDMENT
5 ) AND AMENDMENT TO JUDGMENT AND
DECREE
6 )
VS. )
7 )
CITY OF RIVERSIDE, a Municipal )
8 Corporation, RIVERSIDE WATER )
COMPANY, a corporation, )
9 )
Defendants. )
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
1
EXHIBIT "A"
1 gallons per minute leading edge groundwater contamination remediation
2 barrier water wells to halt further migration of contaminated
3 groundwater towards plaintiff '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
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:
6 112 . 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 10th 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
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
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
18
19
20
21
22
23
24
25
26
27
28
5
1 respect whatsoever except as herein expressly set forth.
2
3 DATED:
Mayor, City of Riverside
4
5 ATTEST:
6
City Clerk, City of Riverside DATED:
7
8 APPROVED AS TO FORM AND CONTENT:
9 Stanly T. Yamamoto
City Attorney
10
11 By: DATED:
Robert A. Sams
12 Assistant City Attorney
City of Riverside
13
14 DATED:
Mayor, City of San Bernardino
15
16 ATTEST:
17 DATED:
City Clerk, City of San Bernar-
18 dino
19 APPROVED AS TO FORM AND CONTENT:
20 James F. Penman
City Attorney
21
22 By: DATED:
1a a C. Roth
23 Deputy City Attorney
City of San Bernardino
24
25 ORDER
26 The Judgment herein is hereby amended to conform to the terms of the
27 foregoing Stipulation.
28
Date Judge of Superior Court
6
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