Onyx Project Coordination Agreement
ONYX PROJECT COORDINATION AGREEMENT
Rosedale Rio Bravo Water Storage District (“Rosedale”), and City of Bakersfield, Kern Delta Water District and North Kern Water Storage District (each individually an “Agency” or collectively, the “Agencies”) enter into this Onyx Project Coordination Agreement (“Agreement”) as of ________________, 2025 based on the facts set forth in the Recitals. The signatories to this Agreement may be referred to herein individually as a “Party” or collectively as the “Parties.”
RECITALS
a. Rosedale acquired property (“Onyx Ranch”) along the South Fork Kern River and is implementing the Onyx Project, which involves changing the points of diversion and place of use for the South Fork Kern River water rights associated with parcels owned by Rosedale in the South Fork Valley area by conveying, wheeling, or exchanging water that is available for use on Onyx Ranch to the Rosedale service area on the valley floor (“Onyx Project”). The Onyx Project is designed to be implemented so that it will not c ause injury to any downstream water users , Kern River facilities or operations.
b. Rosedale certified an Environmental Impact Report (EIR) for the Onyx Ranch South Fork Valley Water Project State Clearinghouse #2018021061 on January 12, 2021.
c. The purpose of this Agreement is to establish coordinated procedures and guidelines related to operation of the Onyx Project as water moves from the South Fork Valley, through Isabella Dam and Reservoir, and to the valley floor.
In exchange for the mutual consideration and promises herein, the Parties agree as follows:
AGREEMENT
1. Recitals. The recitals set forth above are incorporated herein.
2. No Admission or Waiver. This Agreement and any provisions, actions, or inactions associated with performance of this Agreement shall not operate as a waiver or admission by any P arty of a claim or defense related to the Onyx Project, including but not limited to challenges under CEQA, any claim of South Fork Kern River water rights, or any other legal theory related to the implementation of the Onyx Project.
3. Party Representatives. This Agreement requires good, timely communication between the Parties. The Parties shall send all communications required by this Agreement by electronic mail to the Party Representatives listed on Exhibit A. A Party may change its Party Representative by providing both email and written notice to all other Parties.
Onyx Project Coordination Agreement
4. Term. This Agreement shall remain in effect until and unless terminated by all of the Parties to the Agreement. Any of the Agencies may withdraw from this Agreement by providing written notice of its decision to withdraw to the other Parties. The Agreement shall remain in effect following the withdrawal of one or more of the Agencies , unless Rosedale or all of the other Agencies withdraw from the Agreement, in which case the Agreement shall terminate on the day that is thirty (30) days after the date Rosedale provides its notice or the date of the notice of the last of the Agencies to withdraw from the Agreement. Notice to withdraw or terminate shall be sent via email and via U.S. Mail to all Party Representatives and their legal counsel listed on Exhibit A. The Parties agree that Section 2 (No Admission or Waiver), Section 8 (No Injury), Section 9 (Indemnification), and Section 10 (Release) of this Agreement shall survive the termination of this Agreement and the performance by the Parties of their respective obligations under this Agreement.
5. Project Operations.
4.1 Determination of the Onyx Project Water Amount.
4.1.1 During Onyx Project operations, Rosedale will determine in coordination with the Agencies the amount of Onyx Project Water that may move on a daily basis, from the South Fork to the valley floor using the method set forth on Exhibit B (including the Exhibits referenced in Exhibit B).
4.2 Watermaster Accounting.
4.2.1 The Kern River Watermaster (Watermaster), through coordination with the City of Bakersfield’s Hydrographic Unit staff , will be the official record keeper of Onyx Project Water.
4.2.2 The Watermaster will account for Project Water as shown on Exhibit G, or in whatever other form that the Watermaster may hereafter determine necessary.
4.2.3 Rosedale and the Agencies will coordinate the scheduling of any transfer of Onyx Project Water by either (1) transfer and/or exchange with one of the Agencies, or (2) subject to coordination with the Kern County Water Agency or other Pioneer Project Participant(s), as necessary, delivery for credit to a Pioneer Project account pursuant to Agreement No. 96- 356 Pioneer Project Joint Operating Agreement and/or the Pioneer Project Participation Agreement, consistent with current practices for scheduling diversion of water pursuant to said Agreements.
Onyx Project Coordination Agreement
4.3 Operational Parameters. The Parties agree to the following operational parameters regarding the computation and movement of Onyx Project Water:
4.3.1 If there is a Precipitation Event (rainfall in an amount that causes other irrigators in the South Fork Valley to forego surface water deliveries), Rosedale will not claim any Onyx Project Water for the duration of the time that other irrigators are not taking surface water deliveries.
4.3.2 Rosedale will not move Onyx Project Water into Isabella Reservoir on days when there is less than 10 cfs of water measured at the USGS Onyx gage.
4.3.3 Rosedale will not move Onyx Project Water into Isabella Reservoir on days that there is not visible flow in the South Fork Kern River at Patterson Lane and/or Sierra Highway.
4.3.4 Rosedale will not move Onyx Project Water into Isabella Reservoir when unused capacity is not available in Isabella Reservoir , the Kern River channel or other related operations facilities that are necessary to accommodate the movement of Onyx Project Water.
4.3.5 Rosedale will not move Onyx Project Water when the Net Redirected Flow (per Step 5, of Exhibit B) has accumulated a total amount of 14,000 A/F in a calendar year.
4.3.6 For any period of time that the Operational Parameters set forth in this section 4.3 will prevent Rosedale from moving Onyx Project Water that is otherwise available to Rosedale from the South Fork, the Onyx Project shall be deemed “off ”, and Rosedale may revert to use of the water consistent with pre-project conditions.
4.4 Disputes Regarding the Determination of Onyx Project Water.
4.4.1 Any Party to this Agreement has the right to call for a meeting at any time to discuss operational and record keeping concerns. A Party with a concern should request the meeting within forty-eight (48) hours of the day in which the concern arose.
4.4.2 The Parties will meet within three (3) business days, or as soon as practical, thereafter to discuss the concern. The Watermaster shall set the meeting, which shall include , at a minimum, Rosedale, the Watermaster, and the Party who raised the concern; all of the Agencies shall be invited to attend.
The Parties will endeavor to resolve the concerns at that meeting.
4.4.3 Any Party who has an unresolved dispute after the meeting process described above, may bring a civil action to resolve the matter, and pursue all available remedies in law and equity.
Onyx Project Coordination Agreement
6. Fair Compensation: Each year t he Agencies, as parties to this Agreement , shall calculate, and Rosedale shall pay, “fair compensation” for reasonable charges incurred by the Agencies as a result of this Agreement and the actual costs to convey, transfer or exchange the Onyx Project Water pursuant to this Agreement, which may include components to recover capital, operation, maintenance, record keeping and reporting, replacement costs, and any increased costs from any necessitated purchase of supplemental power . The amount of “fair compensation” shall also include reasonable credits for any offsetting benefits for the use of the conveyance system. Notwithstanding the foregoing, the ”fair compensation” charged to Rosedale shall not exceed the normal and customary charges by the Agencies to each other, if any, for the use of the facilities and services that are incurred or performed to accommodate operations under this Agreement. The Agencies shall not charge Rosedale for any amount in addition to the “fair compensation” to comply with Water Code sections 1810-1815.
7. Onyx Project Site Visits. A ny Party can visit the Onyx Project site to visualize Project operations and verify conditions. Site visits that require access to private property shall be requested via email at least two (2) business days in advance. Each P arty shall bear its own costs of sending staff for a site visit.
8. No Injury. Rosedale agrees that the Onyx Project, and this Agreement, will not cause or result in injury to any legal user of Isabella Reservoir storage or Kern River water and will not unreasonably affect fish, wildlife, recreation or other instream beneficial uses, and Rosedale will take appropriate measures to avoid injury to any such persons or entities. Without limiting the generality of the foregoing, Rosedale agrees that it will only move Onyx Project water pursuant to this Agreement at times when all of the Agencies have determined, in their sole and complete discretion, that the following conditions are satisfied: (i) One or more of the Agencies participating with Rosedale has storage space available in Isabella Reservoir pursuant to existing agreements; (ii) the movement of Onyx Project water will generate additional Kern River water in the requested amount from the South Fork entering Isabella Reservoir and flowing downstream of Isabella Dam and into the Kern River channel; and (iii) the movement of Onyx Project water is consistent with all existing agreements of the P arties affecting the use of Kern River water or available banking facilities , and the City’s existing operations and procedures for the use of the Kern River channel. The Parties agree to an “Interim Operations Report Period” of five (5) years. During the Interim Operations Report Period, by the end of the first week of October each year, Rosedale will prepare and deliver to the Agencies and the Watermaster , an Annual Report detailing Rosedale’s operation of the Onyx Project hereunder; the Annual Report shall include an evaluation of whether the methodology specified in Exhibit B (including the Exhibits referenced in Exhibit B) of this Agreement requires reasonable revision(s) to insure the “No injury” requirements are being satisfied. Rosedale will thereafter provide periodic reports as a majority of the Parties agree.
Onyx Project Coordination Agreement
9. Indemnification. Rosedale agrees to defend, indemnify and hold harmless, the Watermaster and each of the Agencies executing this Agreement, and their respective officers, directors, councilmembers, agents, servants, and employees, against any and all liability, claims, actions, causes of action or demands of others whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Rosedale or Rosedale’s directors, officers, employees or agents, in connection with this Agreement and the Onyx Project pursuant to the terms and provisions of this Agreement, whether or not caused in part by a party indemnified hereunder.
10. Release; Waiver: Except for the obligations and rights set forth in this Agreement, each Party hereby releases and discharges each of the other Parties, the Watermaster and their respective officers, members, representatives, officials, affiliates, directors, employees, agents, and successors and assigns, from any and all costs, expenses, or damages arising out of, or in connection with prior operations of the Onyx Project or in the prior litigation between the parties alleging (i) violations of CEQA by Rosedale in its approval of the Onyx Project (Santa Clara County Superior Court Case No. 23CV413574 and related cases) (“CEQA Litigation”) (ii) Declaratory and Injunctive Relief (Santa Clara C ounty Superior Court Case No. 23CV413563). Rosedale hereby waives any claims for costs, attorneys’ fees or any other form of renumeration arising or recoverable from the Agencies or any additional Party to this Agreement).
11. Board Approval. The Parties have discussed this Agreement with their respective Boards (or Council) and counsel and understand its terms and implications. Each Board or Council has either approved this Agreement or authorized its approval by the applicable signatory below.
12. Execution. This Agreement may be signed in counterparts by one or more of the P arties and those counterparts, when taken together, shall have the same force and effect as if a single, original document had been signed by all Parties. For the purpose of executing this Agreement, an electronic, facsimile, or other copy of a signature shall have the same force and effect as the original.
[SIGNATURES ON FOLLOWING PAGE]
Onyx Project Coordination Agreement
ROSEDALE-RIO BRAVO WATER STORAGE CITY OF BAKERSFIELD
DISTRICT
By: ___________________________________ By: _________________________________ Name (Print): ___________________________ Name (Print): _________________________ Title: __________________________________ Title: ________________________________ Date: __________________________________ Date: ________________________________
KERN DELTA WATER DISTRICT NORTH KERN WATER STORAGE
DISTRICT
By: ___________________________________ By: _________________________________ Name (Print): ___________________________ Name (Print): _________________________ Title: __________________________________ Title: ________________________________ Date: __________________________________ Date: ________________________________
Onyx Project Coordination Agreement
Exhibit A
PARTIES & PARTY REPRESENTATIVES
CITY OF BAKERSFIELD
Contact Name: Kris Budak
Email: [email protected]
Phone: 661-326-3715
Mailing Address: 1000 Buena Vista Road
Bakersfield, CA 93311
Counsel Name: Colin Pearce
Email: [email protected]
Phone: 415 957 3015
Mailing Address: One Market Plaza, Suite 2200
San Francisco, CA 94105
NORTH KERN WATER STORAGE
DISTRICT
Contact Name: David Hampton
Email: [email protected]
Phone: 661-393-2696
Mailing Address: PO Box 81435
Bakersfield, CA 93380
Counsel Name: Alan Doud
Email: [email protected]
Phone: 661-327-9661
Mailing Address: 10800 Stockdale Hwy, Ste 202
Bakersfield, CA 93311
KERN DELTA WATER DISTRICT
Contact Name: Steven Teglia
Email: [email protected]
Phone: 661-834-4656
Mailing Address: 501 Taft Highway
Bakersfield, CA 93307
Counsel Name: Richard Iger
Email: [email protected]
Phone: 661-834-4656
Mailing Address: 501 Taft Highway
Bakersfield, CA 93307
ROSEDALE RIO-BRAVO WATER
STORAGE DISTRICT
Contact Name: Dan Bartel
Email: [email protected]
Phone: 661-589-6045
Mailing Address: 849 Allen Road
Bakersfield, CA 93314
Counsel Name: Jennifer Spaletta
Email: [email protected]
Phone: 916-319-4652
Mailing Address: 500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Onyx Project Coordination Agreement
Exhibit B
Step 1: Determine if precipitation has precluded irrigation by others in South Fork Valley. If not, proceed to Step 2.
Step 2: Reference flow at the South Fork USGS Onyx Gage (SF Kern R NR Onyx Ca -11189500) from https://waterdata.usgs.gov/monitoring-location/11189500 . If USGS Onyx Gage flow is equal to or greater than 10 cfs, proceed to Step 3.
Step 3: Determine Total Flow of South Fork by adding system accretions to the USGS Onyx Gage flow.
RRBWSD will manually stream gage the South Fork at a measurable section near Doyle Ranch Road to calculate accretions weekly, conditions permitting. RRBWSD will use the c alculated accretions to determine Total Flow, which is used to determine allocations of South Fork flow to South Fork right holders , until RRBWSD collects the next set of measurements and revises the accretion calculations. In calculating accretions, RRBWSD will account for any flows diverted at the Smith, Landers and Nicoll ditches which are located in between the USGS Gage and the Doyle Ranch Road measurement location.
Step 4: Determine Available Flow to Project by using the Allocation Table attached as Exhibit C or the Historic Irrigation Demand t able attached as Exhibit D . The Available Flow to the Project is the lesser of the two methods. Note that when the Allocation Table is controlling, the Available Flow may be adjusted upward or downward to account for diversions by the other South Fork right holders being higher or lower than their allocated amounts in the table.
Step 5: Determine Net Redirected Flow 1 for the Project by deducting RRBWSD surface and/or groundwater irrigation deliveries from the Available Flow for the Project.
Step 6: Weekly, using Spreadsheet entitled “2023-01-13 No Injury Factor with low flow cut off.xls” 2, attached as Exhibit E, RRBWSD will update the “ Adjusted % of Redirected into Isabella ” expected to reach Isabella Reservoir given the current California Department of Water Resources Bulletin 120 April -Jul Kern River Forecast (from
https://cdec.water.ca.gov/snow/bulletin120/index.html), the Model Generated percentage, and the Forecast Uncertainty Safety Factor. The No -Injury Factor for the week will be equal to 100 minus the Adjusted % of Redirected Flow from the Exhibit E spreadsheet.
Step 7: Apply the Adjusted % of Redirected into Isabella to the Net Redirected Flow to get the amount of RRBWSD Project Water flowing in the South Fork Kern River where the South Fork Kern River enters Isabella Reservoir.
1 RRBWSD has agreed to cap the Net Redirected Flow at 14,000 A/F per calendar year. 2 % of Redirected Flow curve and resulting equation will be adjusted annually with model updates per Exhibit F.
Onyx Project Coordination Agreement
Exhibit C
[1] [2] [3] [4] [5] [6]
Onyx Project Coordination Agreement
Exhibit D
HISTORIC IRRIGATION DEMAND IN CFS
January
19 February
23 March
35 April
37 May
43 June
43 July
43 August
31 September
26 October
26 November
21 December
21
Onyx Project Coordination Agreement
Exhibit E
Onyx Project Coordination Agreement
Exhibit F
Onyx Project Coordination Agreement
Exhibit G – Sample Watermaster Accounting Sheets
Onyx Project Coordination Agreement