HomeMy WebLinkAbout27- Water Department CITY OF SAN BERK RDINO - REQUEST ( R COUNCIL ACTION
From: Bernard C. Kersey, General ManagerSubject: Purchase and Sale Agreement between
West San Bernardino County Water
Dept: Water Department District and the City of San
Bernardino as related to "Water
Date: February 15, 1995 Rights" .
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution.
Si nature
Contact person: Bernard C. Kersey Phone: 384-5091
Supporting data attached: Yes Ward: NA
FUNDING REQUIREMENTS: Amount: NA
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
a 7
�s-ozez Agenda Item No. -0.
CITY OF SAN BERN! -IDINO - REQUEST Fr -1 COUNCIL ACTION
STAFF REPORT
The City of San Bernardino and West San Bernardino County Water
District (WSBCWD) are two (2) of a number of parties to a certain
1961 Stipulated Judgment in the matter of Lytle Creek Water and
Improvement Company vs. Fontana Ranchos Water Company et al. , San
Bernardino County Superior Court Case No. 81264. The City of San
Bernardino is successor-in-interest to a well with a stipulated
pumping right of 290.00 acre feet (AF) per year in the Rialto
Basin. The total stipulated pumping rights of all existing parties
is 15,290 AF/year. We have approximately 2% of the total base
production right ("Water Right") , as one of the parties to the
Judgment. The Judgment sets forth the minimum water elevations that
must be maintained in the basin. If water levels are above the
minimum level, there are no limitations on pumping. It is only
when the water table goes below the elevation that pumping rights
are enforced.
There are no facilities for transportation of water from the Rialto
Basin to our service area. WSBCWD owns and operates facilities and
other resources which could be utilized to produce and extract
groundwater from the Rialto Basin.
A Purchase and Sale Agreement has been developed which will allow
the sale of any and all rights of San Bernardino in and under the
Judgment by the recording of a Grant Deed. WSBCWD has agreed to
pay to the City $290. 00 as the purchase price for the Water Right.
The Purchase and Sale Agreement will be presented to the Board of
Directors of WSBCWD at their meeting scheduled for February 16,
1995. It is anticipated that the Agreement will be approved. The
Board of Water Commissioners, at their regular meeting held on
February 7, . 1995, unanimously voted to approve the Purchase and
Sale Agreement and authorized staff to submit the Agreement to the
Mayor and Common Council for approval.
It is recommended that the Purchase and Sale Agreement between West
San Bernardino County Water District and the City of San Bernardino
be approved, including the recordation of the Grant Deed and other
appropriate documents as described in the Agreement.
15-0264