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HomeMy WebLinkAbout39- Water /- J 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 �—} HIHON w �z a SfIMaAd JAIP ISIS ° � U aUU � a � i i i i i W Q Q z m H � w CW7 • NN miiil ¢ ° Ll C A A 0 w W. CL. ::I x H w x H o U) afIN AV rIVltiHSJVk ABM VZIH2[IS • W iSSHsS Q W H a E C> U i o �+ H � a O Raster Kymmyr [-4 �--� z 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 x.Lxou w �z a anNaAV DNrl Ia,LS ° w a � C11 U W U CQ 4. 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