State of the Management Area
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SECTION 5 PROJECTED WATER DEMANDS
AND FUTURE PLAN PHASES
5.1 PROJECTED LAND USE CONDITIONS
This Section presents a brief description of the projected land use conditions in the Management Area. Figure 5.1 shows the general land use categories at build-out.
Area UWMPs echo the projected urban growth indicated in the build-out land use:
EMWD UWMP – EMWD service area population, including areas outside the Management Area, projected to increase from 494,000 in 2005 to 830,000 in 2025. (EMWD, 2005a)
LHMWD UWMP – LHMWD service area population projected to increase from 39,100 in 2005 to 49,500 in 2025. (LHMWD, 2005)
Hemet UWMP:
City of Hemet population projected to increase from 78,600 in 2005 to 154,000 in 2025; and
City of Hemet water system service area population projected to increase from 20,200 in 2005 to 22,300 in 2025. (Hemet, 2006)
San Jacinto UWMP:
City of San Jacinto population projected to increase from 34,100 in 2005 to 63,600 in 2025; and
City of San Jacinto water system service area population projected to increase from 13,200 in 2005 to 24,000 in 2025. (San Jacinto, 2005) The total land use acreage for each category is estimated and presented in Table 5.1.
Based on Tables 5.1 and 4.3, the urban area is projected to increase from 28% in the 1998 survey to 65% at build out. This increase is due to a combination of conversion of agricultural land and undeveloped land to urban uses. These future conversions have significant implications on the total projected water demand in the Management Area, as well as impacts on the precipitation, runoff, and recharge conditions. This concept is further discussed in the following sections. 95 Hemet/San Jacinto Groundwater Management Area
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!
!
San Jacinto River
Diamond Valley Lake
Hemet
San Jacinto
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Legend
Land Use*
Urban
Irrigated Agriculture
Native Vegitation
Water
! Cities
Major Roads
Management Area
October 2007
Hemet / San Jacinto Water Management Plan
2025 Projected Ultimate Land Use
Figure 5.1
01 0.5
Miles
±
*Urban includes: Commercial, Residential, Industrial,
Homes/Trailer Parks, Public Infrastructure, and Public Institutions.
Irrigated Agriculture includes: Dairy/Livestock,
Irrigated Cropland, Orchards & Vineyards, and Recreation.
Native Vegetation includes: Non-irrigated Cropland,
Open Space, Other Agriculture/Ranches, and Vacant
Source: EMWD
14.B.
Projected Water Demands and Future Plan Phases
Table 5.1 Generalized Projected Acreage in the Management Area Land Use Total Acreage Percent
Urban 37,100 65%
Irrigated Cropland 8,100 14%
Non-Irrigated Cropland 4,500 8%
Water 3,600 6%
Unmapped* 4,000 7%
Total 57,300 100%
*Unmapped areas are outside EMWD’s service area and were not included in the EMWD ultimate land use dataset.
Source: EMWD ultimate land use (1998), based on city general plans
5.2 PROJECTED WATER DEMANDS
Projected water demands are based on information contained in 2005 UWMP, the Hemet/San Jacinto Water Management Area 2004 Annual Report (EMWD, 2005b), and Basin Assessment Report Technical Memorandum No. 1 (WRIME, 2003a). The projected water demands of each of the stakeholders and of the Management Area as a whole are described below.
5.2.1 EMWD
Projected retail water demand for the portion of EMWD’s service area within the Management Area is based on the Hemet/San Jacinto Water Management Area 2004 Annual Report. Projected total demand is shown together with recent historical demand in Figure 5.2. Estimates of projected demand are also presented in the EMWD’s 2005 UWMP, but these values are for the entire EMWD service area; the UWMP system-wide projections show a similar rate of increase in water demand of approximately 50% from 2005 to 2020. 97 Hemet/San Jacinto Groundwater Management Area
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Projected Water Demands and Future Plan Phases
0 5,000
10,000
15,000
20,000
25,000
1984198619881990199219941996199820002002200420062008201020122014201620182020 Year
Demand (AFY)
Historical Data Projected Data
Figure 5.2 EMWD Historical and Projected Demand
5.2.2 LHMWD
Projected water demand is based on Lake Hemet Municipal Water District 2005 Urban Water Management Plan (LHMWD, 2005). Projected total demand is shown together with recent historical demand on Figure 5.3.
0 5,000
10,000
15,000
20,000
25,000
1984198619881990199219941996199820002002200420062008201020122014201620182020 Year
Demand (AFY)
Historical Data Projected Data
Figure 5.3 LHMWD Historical and Projected Demand
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Projected Water Demands and Future Plan Phases
5.2.3 CITY OF HEMET WATER SERVICE AREA
Projected water demand in the City of Hemet’s water service area is based on City of Hemet 2005 Urban Water Management Plan (Hemet, 2006). Projected demand is shown together with recent historical demand on Figure 5.4.
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
1984198619881990199219941996199820002002200420062008201020122014201620182020 Year
Demand (AFY)
Historical Data Projected Data
Figure 5.4 City of Hemet Water Service Area Historical and Projected Demand
5.2.4 CITY OF SAN JACINTO
Projected water demand in the City of San Jacinto’s water service area is based on City of San Jacinto 2005 Urban Water Management Plan (San Jacinto, 2005). Projected demand is shown together with recent historical demand on Figure 5.5.
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Projected Water Demands and Future Plan Phases
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
1984198619881990199219941996199820002002200420062008201020122014201620182020 Year
Demand (AFY)
Historical Data Projected Data
Figure 5.5 City of San Jacinto Water Service Area Historical and Projected Demand
5.2.5 SOBOBA TRIBE
Projected water demand for the Soboba Tribe is taken from the Settlement Agreement, assuming that the Settlement Agreement is implemented in 2008. Projected total demand is shown together with recent historical demand on Figure 5.6. 0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
1984198619881990199219941996199820002002200420062008201020122014201620182020 Year
Demand (AFY)
Historical Data Projected Data
Figure 5.6 Soboba Tribe Historical and Projected Demand 100 Hemet/San Jacinto Groundwater Management Area
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Projected Water Demands and Future Plan Phases
5.2.6 PRIVATE WATER PRODUCERS
Projected water demand for the Private Water Producers is a refinement of estimates presented in the Operational Yield Study (WRIME, 2003d) based on updated information on current and future development and their impact on water demand. Figure 5.7 shows the assumed future agricultural water use by local producers together with recent historical demand. 0 5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
1984198619881990199219941996199820002002200420062008201020122014201620182020 Year
Demand (AFY)
Historical Data Projected Data
Figure 5.7 Private Water Producers Historical and Projected Demand
5.2.7 MANAGEMENT AREA
Projected and historical water demand for the Management Area as a whole presented in Figure 5.8 as the sum of the demand for the individual entities presented in the previous subsections.
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Projected Water Demands and Future Plan Phases
50,000
55,000
60,000
65,000
70,000
75,000
80,000
1984198619881990199219941996199820002002200420062008201020122014201620182020 Year
Demand (AFY)
Historical Data Projected Data
Figure 5.8 Management Area Historical and Projected Demand
5.3 FUTURE PLAN PHASES
The Integrated Recharge and Recovery Project is considered to be the core of the Physical Solution. The project is designed and implemented in two Phases. Phase I is described in Section 3 of this Plan. While Phase II facilities are described at the conceptual level, and the EIR is certified, there are additional projects that have been considered by the TC and will need to be evaluated for possible design and implementation. Following is a discussion of Phase II of the IRRP, along with other potential projects.
5.3.1 SAN JACINTO RIVER INTEGRATED RECHARGE AND RECOVERY PROJECT, PHASE II Phase II of the project consists of construction of the remaining portions of the San Jacinto Integrated Recharge and Recovery Project. The information presented here is based on previously published documents adjusted based on the latest knowledge at the time of publication from ongoing negotiations with regulators. Phase II will provide up to 110 cfs of recharge water capacity and will cost approximately $50 million*. A schematic of Phase II is shown in Figure 5.9. Major activities during Phase II are:
1. Construction of Recharge Basins - This activity includes construction of nine additional recharge ponds within the San Jacinto River bed in three clusters of
* Number has been updated since the publication of the IRRP Feasibility Report. 102 Hemet/San Jacinto Groundwater Management Area
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Warren Pump Station
Commonwealth Pump Station
HEMET
SAN JACINTO
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SAN JACINTO RIVER
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±
01 0.5
Miles
Legend
Pump StationPhase I PipelinePhase II PipelinePhase I PondsPhase II PondsExisting PipelinePhase I Well FieldPhase II Well Field Hemet / San Jacinto
Water Management
Plan
Schematic of Integrated
Recharge Recovery
Program - Phases I and II
Figure 5.9
Source: EMWD
14.B.
Projected Water Demands and Future Plan Phases
three basins each, covering approximately 35 acres. Combined Phases I and II will have 15 basins covering approximately 70 acres*.
2. Construction of Pipelines - This includes design and construction of a 7.7 mile water supply pipeline from the EM-14 turnout to the proposed recharge basins.
Included is increasing the capacity of the EM-14 turnout structure from 40 cfs to 110 cfs; replacing 200 feet of 48-inch-diamater pipeline with 63-inch-diamater pipeline; constructing 15,800 feet of new 54-inch-diamater pipeline paralleling the existing 39-inch-diamater pipeline; and constructing 24,800 feet of new 57-inch-diameter pipeline paralleling the existing 33-inch-diamater pipeline.
3. Pump Station Upgrades – Upgraded or new pump stations would be built to increase capacity at the Warren Road and Commonwealth pump stations.
4. Drilling of Extraction Wells - This includes construction and testing of up to five additional extraction wells designed and operated identically to those constructed in Phase I. The construction of these new wells will result in a total of up to eight Phase I and II extraction wells.
5. Design and Construction of Monitoring Wells – Up to three additional monitoring wells will be constructed, bringing the total number of Phase I and II monitoring wells to up to six wells.
Only Phase I has been designed in detail and funding sources are being secured.
5.3.2 POTENTIAL CONJUNCTIVE USE PROJECTS
Conjunctive use is the coordinated operation of surface water storage and use, groundwater storage and use, and conveyance facilities to meet water management needs. This recognizes that there is a hydrologic connection between the surface water resource and the groundwater resource (DWR, 2006). In the Management Area, conjunctive use helps utilize available subsurface storage along with seasonally available water (imports and local surface water) or recycled water. Methods currently being considered include direct recharge and in-lieu recharge.
As part of the basin planning process, the TC identified and selected seven potential direct recharge sites and two potential in-lieu recharge projects for further evaluation and prioritization out of a pool of 15 direct recharge sites and two in-lieu projects initially considered. Further information is provided in Hemet/San Jacinto Basin Assessment – Basin Assessment Report/Integrated Water Management Plan, Technical Memorandum No. 2, Analysis of Impacts of Conjunctive Use Projects (WRIME, 2003c).
The recharge sites were selected based on screening criteria that included:
* Number has been updated since the publication of the IRRP Feasibility Report. 104 Hemet/San Jacinto Groundwater Management Area
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General site characteristics (size, recharge needs, ownership, etc.), Hydrogeologic suitability,
Sub-basin interaction,
Engineering suitability,
Land use suitability, and
Environmental impacts.
The seven potential direct-recharge sites and two in-lieu projects are shown on Figure 5.10. In general, the direct recharge sites would utilize imported water, surface water, or recycled water to recharge the groundwater through surface spreading; the in-lieu projects (Upper Pressure InLieu Project and Hemet-Simpson CU Area) were designed to reduce the amount of groundwater production by delivering imported water, from either the Colorado River or the State Water Project, to be used in conjunction and coordination with local groundwater.
A preliminary description of the recharge sites is presented based on information from City of Hemet, City of San Jacinto, LHMWD, and EMWD, along with a brief review of available reports. Table 5.2 summarizes the findings for the nine potential projects. All findings are tentative planning-level data and should not be used in any intensive analysis without further research.
The identification of the potential sites allows for the concentration of future work on these sites. The future work includes:
Evaluation of the general site conditions;
Evaluation of water supply availability and reliability; Preparation of an environmental checklist; and
Evaluation of the effectiveness of the projects in meeting the goals and objectives of the Management Area.
A more detailed description of each site is provided below.
5.3.3 DIRECT RECHARGE PROJECTS
Direct recharge projects involve utilizing available imported, surface, or recycled water in a constructed basin for percolation to groundwater. Successful projects require a site with high permeability to allow for water to quickly percolate to groundwater; compatible nearby land uses; an available and accessible water supply; and the ability to either recapture the water or allow the water to raise groundwater levels. The Plan supports the use of direct recharge of water of suitable quality.
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!
!
San Jacinto River
Diamond Valley Lake
Salt Creekbetween
Lyon Avenue
and State Street
Little Valley
Bautista Flood
Control Ponds
Fairview
Cienega
Bautista Creek
along Florida
Avenue
Buena Vista
Flood Control
Basin
Hemet Simpson
Conjunctive
Use Project
Recycled Water
In-Lieu Project
Lake Skinner
Hemet
San Jacinto
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Legend
Preferred Conjunctive Use Locations
! Cities
Major Watercourses
Lakes and Reservoirs
Major Roads
Management Area
October 2007
Hemet / San Jacinto Water Management Plan
Location of Nine Preferred Projects
Figure 5.10
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Table 5.2 Summary of Selected Conjunctive Use Site Conditions Site Project
Type Water Source
Annual
Water
Availability
Soils
Infiltration
Rate
Approximate
Depth to
Water
(ft)
Potential
Constraints
Buena Vista
Flood Control
Basin
Recharge Runoff, recycled,
or imported 600 AF n/a 200 – 250 Groundwater quality
Cienega Recharge River diversion n/a High 210 - 240 Kangaroo Rat, water rights
Fairview Recharge River diversion n/a High 210 - 240 Kangaroo Rat, water rights
Bautista Creek
along Florida
Avenue
Recharge
Irrigation water,
Bautista Creek,
imported
n/a Moderate n/a n/a
Salt Creek
between Lyon
Avenue and State
Street
Recharge Salt Creek
diversion/runoff 1,000 AF Moderate 200 - 250 n/a
Little Valley Recharge Runoff, LHMWD
flume, imported n/a High and variable 85
Potential
archeological
sites, shallow
bedrock
Bautista Flood
Control Ponds Recharge Surface runoff/ river diversion n/a n/a 180 - 210 No proponent Upper Pressure
In-lieu Project In-lieu Imported (Colorado River) n/a n/a Must gain
agreements
between many
parties
Hemet-Simpson
Conjunctive Use
Project
In-lieu
Imported
(Colorado River
and State Water
Project)
n/a n/a
Must gain
agreements
between many
parties
5.3.3.1 Buena Vista Flood Control Basin
The existing Buena Vista flood control basin has been identified as a potential recharge project site. Buena Vista basin, located at the end of Buena Vista Street north of Esplanade Avenue, is located in the Upper Pressure Management Zone and is owned and operated by RCFC&WCD. 107 Hemet/San Jacinto Groundwater Management Area
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Projected Water Demands and Future Plan Phases
The site would initially use storm water for recharge purposes. Recharge water would be conveyed to the site from the 2,700-acre drainage area by existing drainage facilities that are owned by RCFC&WCD. It is estimated that approximately 600 AF of water could be delivered to the basin via runoff, with a first flush volume of approximately 20 AF. Surface water quality is good, with some elevated levels of oil and grease, suspended residues, and iron, based on sampling on March 6, 1992 (Singh, 1992). The basin can be enlarged through excavation to provide an additional 36 AF of storage volume, approximately equal to the average storm event runoff.
There is an existing EMWD raw water pipeline that runs nearby along Oakwood Street. This pipeline could potentially be used to supply the project with recycled or imported water (if supplies were to be available) in the future, although it would require the construction of an approximately 4,000-foot pipeline to connect to the basin.
The following items should be considered before moving forward with this project:
Availability of the site for use and coordination with flood control needs; Surface water quality;
Water infiltration potential;
Deep percolation potential;
Availability of imported water to augment surface runoff; Subsurface conditions; and
The clogging potential of surface soils with local runoff.
5.3.3.2 Cienega and Fairview
The Cienega and Fairview sites are adjacent, thus conditions are essentially the same and described together. Preference between the two sites would be based on political, engineering, environmental, and operational factors.
The Cienega and Fairview sites are located in the Canyon Management Zone. Fairview was first used in the early 1990s by LHMWD. LHMWD cut basins near the riverbed and placed a diversion dam in the river. Water was diverted into the basins during the rainy season, typically the 1st quarter of the year. Future use of Fairview, potentially by LHMWD and/or EMWD, would likely involve an expansion of the basin area. Water would be supplied from the river during periods of increased flow, typically January through March. Imported water could also be used if water becomes available and the infrastructure could be built. Infiltration rates are considered high based on monitoring well responses during LHMWD’s use, a study by EMWD at the Cienega blowoff pond, and the prevalence of coarse-sand riverbed deposits. 108 Hemet/San Jacinto Groundwater Management Area
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Projected Water Demands and Future Plan Phases
Potential problems for development of the project include San Bernardino Kangaroo Rat habitat, water rights, and limited available underground storage.
5.3.3.3 Bautista Creek along Florida Avenue
Bautista along Florida is located along the boundary between Upper Pressure and Canyon Management Zones. There is an existing recharge site located along the west side of Bautista Creek. The creek was placed in a concrete channel in the 1970s and 1980s, reducing recharge to the aquifer system. The current recharge facility was installed in the 1960s and consists of 3 ponds located along the creek. The three ponds cover approximately 15–20 acres. Future use of the site could include increasing the pond area through expansion to the north and increasing the supply of water to the ponds. Water for the existing project is provided by a turnout that captures agricultural runoff of acceptable quality from Bautista Creek. In general, creek water is not diverted into the ponds. Currently, approximately 200-300 AFY is recharged. Future recharge activities could take advantage of the nearby imported (State Project Water) raw water line on Cedar Avenue. Percolation rates at the site are considered reasonable based on field observations of surface sediments.
5.3.3.4 Salt Creek between Lyon Avenue and State Street Two potential sites are identified along Salt Creek for a recharge project. One site, State Street Basin, is at the State Street crossing of Salt Creek; a second site, Lyon Basin, is downstream of State Street, near Lyon Avenue. Both sites are located in Hemet South Management Zone.
Lyon Basin is the preferred location and is planned to be approximately 40 acres in size and approximately 5 feet deep, resulting in a maximum storage volume of 200 AF. The volume of the State Street Basin would likely be similar to that of the Lyon Basin. Both sites would initially use storm runoff for recharge purposes. Recharge water to both sites would be conveyed to the site via Salt Creek. It is estimated that five storm events per year could each fill the Lyon Basin, resulting in delivery of approximately 1000 AF/year for recharge. Anticipated future development of the watershed will likely increase the amount of available runoff. The State Street site would likely have slightly lower volumes due to its upstream location. Due to limited upstream development, water quality is anticipated to be good.
Potential problems for development of the project include water rights, relatively shallow depth to water and relatively shallow depth to bedrock that may limit the amount and rates of recharge at the sites.
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5.3.3.5 Little Valley
Little Valley is located in Hemet South Management Zone. Previously in a pilot project, water was supplied over 2 or 3 years via a LHMWD flume to the area. Water for the recharge basin would be provided by local surface runoff, the LHMWD flume, or from imported water.
Infiltration testing in the past has shown rates between 0.6 and 1.4 ft/day in the central part of the valley and 2.0 and 4.6 ft/day in the eastern part of the valley (Rees, 1994).
The following items should be considered before moving forward with this project:
Potential environmental constraints including possible archeological sites; and Shallow depth to bedrock may limit the amount and rate of recharge at the site.
5.3.3.6 Bautista Flood Control Ponds
The Bautista Flood Control Ponds are located in the Upper Pressure Management Zone, very close to the boundary with the Hemet South Management Zone.
The existing ponds are owned and operated by RCFC&WCD and are comprised of a debris dam that creates the 49-acre pond. Future use of the site, apart from continued flood control, would likely be for water harvesting.
5.3.4 IN-LIEU PROJECTS
In-lieu recharge projects involve reducing the usage of groundwater and substituting it with available imported, surface, or recycled water. Successful projects require water users whose needs coincide with the availability and quality of the alternate water supply. The Plan supports the use of quality direct recharge projects.
5.3.4.1 Raw Water In-Lieu Projects
Imported raw water is available from MWD and provides opportunities for in-lieu recharge projects for agricultural users or landscape irrigation. Raw water is available from the State Water Project via EM-14 and from the Colorado River Aqueduct via EM-1. Proximity to these connections is an important factor for keeping costs low for in-lieu projects. One hurdle for such projects is that the period when there is the most availability of raw water, winter, coincides with the period of lowest demand for most agricultural users. Another hurdle is the need for blending the raw water with higher quality groundwater supplies to meet the needs of some of the more sensitive users, such as dairies.
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5.3.4.2 Recycled Water In-Lieu Projects
Recycled water is a reliable source of water year round and offers an opportunity for in-lieu use.
Public perception generally limits the usage of recycled water to agricultural and landscape irrigation uses. The nearest source of recycled water is the San Jacinto Valley Regional Water Reclamation Facility. Proximity to this source is an important factor for keeping costs low for in-lieu projects.
One project already in the planning stages would deliver between 3,500 and 8,000 AFY of recycled water to Rancho Casa Loma and the Scott Brothers Dairy, both located roughly between Ramona Expressway and Gilman Springs Road and between Sanderson Avenue and Bridge Street in the northwestern-most portion of the Upper Pressure and Hemet North Management Zones. The delivered recycled water would coincide with an equivalent reduction in groundwater pumping by both Rancho Casa Loma and Scott Brothers Dairy. Details of the project include construction of approximately 13,000 linear feet of 24-inch pipeline, and acquisition of property in fee title and easement. Project costs would be split between the Public Agencies based on the pro-rata share of proposed production rights. Agreements with Rancho Casa Loma and the Scott Brothers Dairy would set limits on groundwater production and provide for payment of a portion of the O&M costs.
5.3.4.3 Hemet-Simpson Conjunctive Use Project
Currently MWD delivers treated water from Colorado River and State Water Project to its wholesale customers using the Skinner Water Treatment Plant. Although the Skinner plant is at full capacity, during wet years there appears to be excess water available from the plant for other potential wholesale customers.
The Simpson pump station is currently capable of pumping water to both the west and east.
The treated water available from the Skinner plant would be used by customers such as the City of Hemet in lieu of groundwater pumping. The Simpson pump station has a capacity of approximately 14.5 cfs.
The following issues and constraints should be evaluated for this project:
Quantity and timing of water available from the Skinner Plant; Quality of Skinner Plant water in relation to the groundwater quality used by customers such as City of Hemet, and any blending issues; Use of chlorinated water from Skinner Plant versus well water that does not contain chlorine;
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Projected Water Demands and Future Plan Phases
Transmission pipeline from Skinner line to the Simpson pump station and from Simpson pump station to local distribution system;
Connections to the local distribution system and their impacts on the distribution system pressure zones; and
Cost of MWD water and the cost distribution of such delivery.
5.3.4.4 Hemet Water Filtration Plant
Availability of treated imported water for distribution, in-lieu of groundwater production, has become a significant source for reducing stress on the groundwater system. One of the limiting factors in the substitution of imported water for groundwater is the ability to treat the imported water, which requires more treatment than groundwater. To allow for increased use of imported water, EMWD is building the 10 mgd (11,000 AFY) Hemet Water Filtration Plant near the intersection of Commonwealth Avenue and Kirby Street in Hemet. The plant will utilize State Water Project supplies.
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SECTION 6 GROUNDWATER RIGHTS
The purpose of this Section is to document the background and settings in establishing the groundwater production rights for each Public Agency. The Base Production Rights and the method for determining Adjusted Production Rights have been established in a collaborative manner among the agencies, and have been the basis for the distribution of costs in a number of occasions during the development of the Plan.
6.1 PUBLIC AGENCIES BASE PRODUCTION RIGHTS
6.1.1 GENERAL
Together, the Public Agencies agreed upon some basic principles as a basis for allocating Base Production Rights. The base period for documenting actual pumping was determined to be calendar years 1995 through 1999. Figure 6.1 shows the average annual groundwater production by each Public Agency for 1995 – 1999. It was also recognized that, as a result of various operational activities of the Public Agencies, several adjustments would need to be made to the raw pumping data for 1995-1999. It was ultimately agreed to finalize all appropriate adjustments and to make one comprehensive adjustment to each Public Agency’s raw 1995-1999 recorded pumping.
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
EMWD LHMWD Hemet San Jacinto
Entity
Average Production (AFY)
Avg Production
Figure 6.1 Average Annual Groundwater Production, 1995 - 1999 113 Hemet/San Jacinto Groundwater Management Area
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Groundwater Rights
The operational activities that impacted groundwater resources, and therefore were used to make appropriate adjustments to raw 1995-1999 pumping data, include:
Recharge Activities;
MWD San Jacinto Tunnel Seepage;
Fruitvale Entitlement Water Sold by EMWD to LHMWD, City of Hemet and City of San Jacinto;
River Diversions;
Conveyance Water Deliveries; and
Other Considerations.
The Fruitvale Entitlement allocation amount was determined to be a total of 597 acre-feet for LHMWD, and Cities of Hemet and San Jacinto. The Tunnel Seepage allocation amount was determined to be 1,800 AFY, and the river diversions were determined to be 3,635 AFY for proration to the four agencies. The Public Agencies have, therefore, been assigned the pro-rata shares of Base Production Rights as shown in Table 6.1:
Table 6.1 Base Production Rights
Public Agency Base Production Rights
(AFY)
Base Production Rights
(Percent)
EMWD 10,869 33.7%
LHMWD 11,063 34.2%
City of Hemet 6,320 19.6%
City of San Jacinto 4,031 12.5%
Total 32,283 100 %
The details of the Public Agencies Base Production Right, with their corresponding adjustments, are described below:
6.1.2 EMWD BASE PRODUCTION RIGHTS
For EMWD, the 1995-1999 actual average annual pumping was determined to be 15,166 AFY.
After consideration of all appropriate adjustments, it was determined that EMWD’s Base Production Right would include a deduction of 2,497 acre-feet for conveyance water and an additional net deduction of 1,800 acre-feet for other operational activities, including tunnel seepage, export, and Fruitvale Entitlement water sales. Therefore, EMWD’s Base Production Right was set at 10,869 AFY.
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Groundwater Rights
6.1.3 LHMWD BASE PRODUCTION RIGHTS
For LHMWD, the 1995-1999 actual average annual pumping was determined to be 11,063 AFY.
There were no net adjustments for LHMWD as their credit for the Fruitvale entitlement water purchase tunnel seepage was deemed to be equivalent to their surface water diversion. Thus, the Base Production Right for LHMWD is set to 11,063 AFY.
6.1.4 CITY OF HEMET BASE PRODUCTION RIGHTS
For the City of Hemet, the 1995-1999 actual average annual pumping was determined to be 5,420 AFY. After consideration of all appropriate adjustments, it was agreed that the City of Hemet’s Base Production Right would include an additional 900 AFY pumping right to account for Fruitvale Entitlement water purchase tunnel seepage credit, and surface diversion water.
Therefore, the City of Hemet’s Base Production Right was set at 6,320 AFY.
6.1.5 CITY OF SAN JACINTO BASE PRODUCTION RIGHTS
For the City of San Jacinto, the 1995-1999 actual average annual pumping was determined to be 2,631 AFY. However, review of the city’s historic pumping showed the 1995-1999 base period was not as representative as other historic pumping periods. Therefore, it was agreed for the City of San Jacinto to receive an additional 500 AFY of pumping rights. In addition, after consideration of all other appropriate adjustments, it was determined that San Jacinto’s Base Production Right would include an additional 900 AFY pumping right to account for Fruitvale Entitlement water purchase tunnel seepage credit and surface diversion water. Therefore, the City of San Jacinto’s Base Production Right was set at 4,031 AFY.
6.2 PRIVATE WATER PRODUCER’S PRODUCTION RIGHTS
6.2.1 GENERAL
Development of the Hemet-San Jacinto Water Management Plan recognizes the rights of the overlying pumpers to pump and beneficially use needed groundwater. The overlying pumpers within the management area include Private Water Producers (and the Soboba Band of Luiseño Indians, discussed later). In recognition of the Private Water Producers’ overlying rights, the management plan does not adversely impact or affect these rights and uses that are consistent with historical uses.
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The Plan provides for the Private Water Producers to be Non-participants, Class A Participants, or Class B Participants. For Non-participants, the private producer(s) may elect to not participate and/or not acknowledge the Plan’s existence. Non-participants are free to continue their past practices of pumping groundwater for beneficial uses according to state law. Nonparticipants are also excluded from future participation in the Plan. Class A and Class B Participants are described below.
6.2.2 CLASS A PRODUCTION RIGHTS
Class A Participants in the Plan have agreed to cooperate with the administrative and pumping accounting portions of the Plan. While historic pumping and beneficial uses may continue, the Class A Participants’ pumping facilities are subject to metering, testing, and water level and water quality sampling at no cost to the owner. This information is valuable for successful implementation of the Plan. Class A participants are eligible to convert to Class B Participant status during the first three years of formal Plan implementation (Entry of the Judgment), with the payment of all past assessments (without interest) that would have been incurred as a Class B Participant.
6.2.3 CLASS B PRODUCTION RIGHTS
Class B Participants become participants to the Plan and have their water rights determined.
The annual Base Production Right shall be determined based upon the average annual production from 1995 to 1999, less any amount of water that had been used on land that was developed for non-agricultural purposes after 1999, which is the Participant’s Base Production Right. The Class B Participant shall pay Replenishment Water Assessments for pumping in excess of the individual Base Production Right. Class B Participants are not subject to Administrative Assessments, and until conversion to a Public Agency, not subject to reduction in Safe Yield. Class B Participants may sell or lease unused groundwater to the Watermaster or one of the Public Agencies, under terms and conditions approved by the Watermaster. Upon conversion of a Class B Participant’s land from agricultural to a use that requires water service from a Public Agency, the Public Agency shall credit, to the extent legally permissible, the Class B Participant’s Base Production Right, adjusted pursuant to certain reductions, against any requirement then in effect for any water supply assessment requirements, or against any fees associated with water supply that the Public Agency may then have in effect. The Public Agency serving the converted land shall receive a credit added to its Base Production Right as set forth in the Judgment. Class B Participants to the Plan have also agreed to participate in the groundwater monitoring and pumping accounting portion of the Plan, at no cost to the owner. 116 Hemet/San Jacinto Groundwater Management Area
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6.3 SOBOBA TRIBE WATER RIGHTS
Section 8 of this document provides a detailed description of the Soboba Indian Tribe water rights.
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SECTION 7 SURFACE WATER RIGHTS
This Section provides a description of the surface water rights and licenses held by LHMWD and EMWD. The contents of this Section are provided for general information and documentation of the surface water rights only; such rights are not affected by the Stipulated Judgment or this Plan.
7.1 LHMWD’S DIVERSION RIGHTS
LHMWD holds pre-1914 rights to divert and store water in Lake Hemet, and to divert water from Strawberry Creek, and from the North and South Forks of the San Jacinto River (See Figure 7.1). These rights have been acquired as the successor-in-interest to rights established by the Fairview Land and Water Company, the Lake Hemet Company, the Lake Hemet Water Company, the Florida Water Company, Charles Thomas, H. M. Johnston, E. L. Mayberry, W. F.
Whittier, William B. and Mary Webster, and others.
7.1.1 LAKE HEMET
Construction of Lake Hemet Dam began in 1889 and was completed in 1895. The reservoir is located in Township 6S, Range 3E, Sections 7 and 8. Water rights for the diversion and storage of water are based on actual use and upon at least these Notices of Appropriation filed on November 18, 1884 in Book 1 of Water Claims, page 38; on January 19, 1885 in Book 1 of Water Claims, page 47; on December 23, 1885 in Book 1 of Water Claims, page 115; on April 7, 1886 in Book 1 of Water Claims, page 134; and on October 18, 1890 in Book 2 of Water Claims, page 61.
The reservoir impounds water from Hurkey Creek and the South Fork of the San Joaquin River, and has a capacity of 12,775 acre-feet. Releases from the reservoir are discharged into the South Fork of the San Jacinto River.
7.1.2 SOUTH FORK OF THE SAN JACINTO RIVER
This diversion site is located about a quarter of a mile upstream of the river’s confluence with Strawberry Creek. A wooden diversion dam was originally constructed in 1888, but later replaced with a concrete diversion dam, taking water through a tunnel on the right bank of the stream into a 30-inch pipeline. Water rights are based on actual use and upon at least these Notices of Appropriation filed on June 6, 1885 in Book 1 of Water Claims, page 61; on August 11, 1886 in Book 1 of Water Claims, page 160; and on the Judgment entered 119 Hemet/San Jacinto Groundwater Management Area
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#
#
#
%
#
Grant
Avenue
Diversion
Lake Hemet
Diversion
Strawberry
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South Fork
Diversion
North Fork
Diversion
·243 |}þ
·|}þ74
Legend
% EMWD Diversion Location*
# LHMWD Diversion Location**
Major Watercourses
Lakes and Reservoirs
Major Roads
Management Area
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Location of Surface Water Diversions
Figure 7.1
01 0.5
Miles
±
*Source: EMWD
**Source: LHMWD
Indian
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San Jacinto
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South Fork San
Jacinto River
Strawberry
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Bautista
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November 24, 1894 in the case of Florida Water Company v. Mary Webster, et al., No. 169, Riverside Superior Court.
7.1.3 NORTH FORK OF THE SAN JACINTO RIVER
This diversion site is now located on the North Fork of the San Jacinto River near the “Falls” in Section 17, T5S, R2E. The original facilities consisted of a small rock dam and a 10-inch sheet iron pipe constructed in about 1887. Current facilities, constructed in 1969-1970, consist of a concrete diversion dam, concrete intake and control structure, and 24-inch steel pipeline. Water rights are based on actual use and upon at least these Notices of Appropriation filed on September 14, 1886 in Book 1 of Water Claims, page 173; on May 19, 1897 in Book 1 of Water Claims, page 159; and on the Judgment described above.
7.1.4 STRAWBERRY CREEK
LHMWD’s diversion site on Strawberry Creek is located in Section 28, T5S, R2E, about 1,300 feet upstream of its confluence with the South Fork of the San Jacinto River. Original construction of a concrete diversion dam and flume, carrying the water over the South Fork and into the main water line, occurred in about 1905. Current facilities consist of a concrete diversion dam, intake structure, and 28-inch pipeline. Water rights are based upon actual use and at least on these Notices of Appropriation filed on January 27, 1885 in Book 1 of Water Claims, page 49; on August 11, 1886 in Book 1 of Water Claims, page 160; and on deeds recorded July 24, 1885 in Book 51, page 145; on August 25, 1886 in Book 64, page 223; on February 21, 1887 in Book 73, page 235; on April 21, 1887 in Book 79, page 264; on April 27, 1887 in Book 79, page 266; and on the Judgment described above.
7.2 EMWD’S DIVERSION RIGHTS
EMWD holds a license to divert water from the San Jacinto River (see Appendix G). EMWD currently does not divert surface water for direct use, but recharges the water, when available, into the aquifer to augment groundwater supplies. Thus, the diversion is not directly part of EMWD’s water supply. However, it plays an indirect role in groundwater resources.
Information on these diversions is presented here.
EMWD’s recharge of surface water from the San Jacinto River to the Canyon Management Zone takes place at EMWD’s Grant Avenue Ponds in the Valle Vista area (See Figure 7.1). An application for a permit to appropriate water from the San Jacinto River and Indian Creek, Application 924, was filed on February 14, 1918 by the Citizens Water Company. Permit 468 121 Hemet/San Jacinto Groundwater Management Area
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was subsequently approved on August 15, 1918. On November 23, 1920, the filing was assigned to the FMWC as the successor-in-interest to the Citizens Water Company. Upon its 1971 acquisition of the FMWC, EMWD became the successor-in-interest to the filing.
Based on Application 924 and Permit 468, the State Water Resources Control Board issued License No. 10667 for the Diversion and Use of Water to EMWD on June 8, 1976. This license, still held by EMWD, allows for the diversion, underground storage by spreading, and subsequent extraction and beneficial use of 5,760 AFY of San Jacinto River water to be collected from November 1 of each year to June 30 of the succeeding year at a rate of 41 cfs. Additionally, the rate of diversion may be increased to a maximum of 100 cfs provided that the total quantity in any 30-day period does not exceed 2,442 AF.
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SECTION 8 SOBOBA TRIBE SETTLEMENT REQUIREMENTS
8.1 ORIGINAL SOBOBA CLAIM
In 1995 the Soboba Tribe filed claims against EMWD and LHMWD for an alleged infringement of their water rights, and for damages in the sum of $70 million related to the alleged historical interference with the Tribe’s rights and the unauthorized use of its water. EMWD and LHMWD denied any such interference or wrongful use of Tribal water, but agreed to negotiations to determine the water rights of the Tribe.
8.1.1 EARLY NEGOTIATIONS
Negotiations with the Tribe began in 1995 and in time involved the active participation of the United States.
8.1.2 UNITED STATES SETTLEMENT PROPOSAL
In 1998, the United States proposed a settlement whereby the Tribal Water Right would be determined to be 9,000 AFY, and the Federal government would provide a supply of 7,500AFY.
Subsequently this proposal proved not to be feasible.
8.1.3 TRIBAL CLAIM AGAINST MWD
In 2000 the MWD was brought into the dispute when the Tribe filed suit against MWD in the U.S. District Court in Los Angeles, Case No. 00-04208 (GAF) (MANx) (“Los Angeles case”). The complaint alleged that the MWD tunnel drilled through Mt. San Jacinto in the 1930’s had dried up springs on the Reservation and otherwise interfered with the Tribe’s water supply.
8.1.4 MWD’S CROSS COMPLAINT
MWD brought EMWD into the Los Angeles action based upon an indemnity agreement signed by EMWD when the District was annexed to MWD, and in return for seepage water that continued to flow into the San Jacinto tunnel.
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8.1.5 FINAL NEGOTIATIONS
After lengthy negotiations among the Tribe, United States, EMWD, LHMWD and MWD, the parties reached an Agreement in 2004, subject to approval of Congress.
8.1.6 STATUS OF CONGRESSIONAL APPROVAL
The Agreement has not yet been approved by Congress, and it expires if such approval is not obtained by December 31, 2007.
8.2 FRAMEWORK OF THE SETTLEMENT AGREEMENT
The Agreement determines the water rights of the Tribe, and settles all claims among the parties, including those made in the Los Angeles case. The Agreement will be incorporated into a Stipulated Judgment in the Los Angeles case, and made subject to the continuing jurisdiction of the Court.
8.3 TRIBAL WATER RIGHT
Under the Agreement, the Tribe has a prior and paramount right, superior to all others, to pump 9,000 acre-feet annually from the Canyon Sub-basin and the Intake portion of the Upper Pressure Sub-basin for any use on the Reservation, and on lands now owned or hereafter acquired by the Tribe contiguous to the Reservation or within the above-mentioned Sub-basins.
The Tribe’s right is subject to an agreement to limit its pumping according to a yearly schedule, with a maximum of 4,100 AFY, for 50 years after the effective date of the Agreement.
8.4 PAYMENTS TO THE TRIBE
The United States agrees to pay $11 million to the Tribe, and EMWD and LHMWD are obligated to pay $17 million to the Tribe.
8.5 FUNDS RECEIVED BY THE LOCAL AGENCIES
The United States agrees to contribute to EMWD, on behalf of the participants in this Water Management Plan, the sum of $10 million for construction and operation of recharge facilities to accommodate deliveries of Imported Water.
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8.6 IMPORTED WATER
MWD agrees to provide an average supply of 7,500 AFY of Imported Water to recharge the Canyon Management Zone and Intake portion of the Upper Pressure Management Zone, at untreated replenishment rates, until 2035, and to negotiate in good faith for an extension of the supply for a total of 50 years after the effective date of the Agreement.
8.6.1 MWD STORAGE RIGHT
The local agencies are obligated to provide groundwater recharge facilities to accommodate a flow rate of 42 cfs and to store up to 40,000 acre feet of Imported Water.
8.6.2 USE OF MWD SUPPLY
The supply of Imported Water provided by MWD is to supply water for the Tribe, and to reduce overdraft. Water not used by the Tribe is available for use by the participants in the Water Management Plan, pursuant to the terms hereof.
8.7 WATER QUALITY REQUIREMENTS
The Agreement provides that all water recharged shall conform to all applicable State water quality regulations and recharge in the Canyon Sub-basin and shall not exceed Federal or State primary or secondary drinking water quality standards (except for turbidity, color or coliform bacteria), nor 0.3 mg/l boron, or 0.05 mg/l lithium.
8.8 PROPERTY TRANSACTIONS
EMWD shall convey to the Tribe approximately 106 acres of land at Domenigoni Parkway and Highway 79. MWD shall convey to the Tribe approximately 21.7 acres of land. LHMWD shall make available for environmental mitigation purposes approximately 12 acres in the San Jacinto River bed. The Tribe shall make available up to 98 acres of land for habitat preservation and/or environmental mitigation in connection with the recharge facilities.
8.9 APPROVAL OF WATER MANAGEMENT PLAN
The Agreement provides that EMWD and LHMWD, with the cooperation of other groundwater producers, shall develop and implement a Water Management Plan for the Canyon 125 Hemet/San Jacinto Groundwater Management Area
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Management Zone and Intake portion of the Upper Pressure Management Zone that will address the current overdraft, and recognize and take into account the Tribal Water Right. This Plan is intended to meet such requirements of the Agreement, and is subject to the approval of the Soboba Tribe and the United States. No implementation or subsequent modification of this Plan shall threaten or adversely affect the rights of the Tribe under the Agreement, and the Tribe and the United States shall have the right under the continuing jurisdiction of the Court in the Los Angeles case to litigate any such issue.
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SECTION 9 INSTITUTIONAL PLAN
9.1 PURPOSE
The purpose of the Watermaster is to implement the Water Management Plan (The Plan) as embodied in the Stipulated Judgment (JUDGMENT) in Eastern Municipal Water District v.
Lake Hemet Municipal Water District, et al.; said implementation may be by Watermaster actions alone, actions undertaken through or in conjunction with one or more Public Agency Members or through a Joint Powers Authority (JPA) composed of some or all of its Public Agency Members.
9.2 WATERMASTER
9.2.1 COMPOSITION
The Watermaster Governing Board will consist of one (1) elected official representing each of the Public Agencies, namely, EMWD, LHMWD, and the Cities of Hemet and San Jacinto (collectively, Public Agencies), and one (1) representative selected by the Class A and Class B private groundwater producers (Private Water Producers).
9.2.2 TERMS OF OFFICE
Each member of the Watermaster shall serve until replaced by the Public Agency or Private Water Producers that made the original appointment.
9.2.3 REMOVAL AND REPLACEMENT
Any Watermaster member may be removed and replaced by the same procedure used in his or her appointment.
9.2.4 VOTING
Each member of the Watermaster shall have one (1) vote. All actions by the Watermaster shall require three (3) affirmative votes, except actions in the following matters that shall require four (4) affirmative votes:
Any change sought in the form of governance;
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Any change in voting requirements;
Establishing, levying, increasing or decreasing all assessment amounts; Determining the extent of overdraft and quantifying safe yield; Determining Adjusted Production Rights;
Decisions regarding the financing of supplemental water or facilities, other than any financing provisions included in the Judgment;
Decisions regarding ownership of facilities, other than ownership of the Phase I facilities (described in Section 3.2.2.1), which facilities shall be owned by EMWD, subject to a right of use by those parties participating in the financing thereof; Policies for the management of the Management Area;
Any decision that involves a substantial commitment by the Watermaster, including any contracts for conserved water;
Retaining the services of legal counsel or Advisor; and Adoption or amendment of an annual budget.
9.3 RULES AND REGULATIONS
The Watermaster may make such rules and regulations as may be necessary for the implementation of the Water Management Plan and Judgment, and for its own operations and procedures, subject to Court approval.
9.4 MEETINGS
The meetings of the Watermaster and standing committees will be subject to those provisions of the California Government Code known as the Brown Act (also popularly known as the Open Meeting Laws).
9.5 WATERMASTER ORGANIZATION
In carrying out its development and implementation responsibilities, the Watermaster may hire full-time or part-time personnel, such as managers, engineers, attorneys, hydrologists, geologists, accountants, operators, secretaries, clerical or others; may retain outside consultants on a full-time, part-time, or as-needed basis; and may contract with other agencies to perform some or all of the development and implementation tasks.
The Watermaster shall retain the services of an independent attorney or law firm to act as the Watermaster’s legal counsel.
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The Watermaster shall retain the services of a qualified independent individual or engineering firm with appropriate experience in hydrology to serve as Advisor to the Watermaster. The Advisor shall assist the Watermaster in the performance of the Watermaster’s responsibilities as follows:
Provide advice to the Watermaster on all matters within the authority and jurisdiction of the Watermaster;
Provide recommendations for action to the Watermaster on all matters within the authority and jurisdiction of the Watermaster;
Evaluate proposals for projects and/or recommendations for action received from members of the Watermaster regarding matters within the authority and jurisdiction of the Watermaster;
Propose and/or evaluate contracts and other agreements to be entered into by the Watermaster necessary to the performance of its responsibilities; To administer all contracts and agreements entered into by the Watermaster; Assist the Watermaster in evaluating and analyzing data, the collection of which is required under the Judgment and/or Water Management Plan; Coordinate the evaluation and analyses of data, proposals, projects, and recommendations by the TC with members of the Watermaster and other consultants of the Watermaster;
Serve as the Chairman of the TC; and
Perform such other services, and take such actions, as may be approved by the Watermaster, that are necessary to implement and execute the directions and policies of the Watermaster.
The Watermaster retains the authority to assign or contract the performance of any task or function necessary to consider or perform any matter within the authority and jurisdiction of the Watermaster to any member of the Watermaster, the TC, or any other independent engineering firm or qualified individual. Such assignment or contract shall be coordinated and administered by the Advisor.
As used herein, the term independent means that the Consultant’s or Advisor’s representation of the Watermaster does not create any actual or potential conflict of interest between the Consultant or Advisor and any other member entity under applicable California statute, regulation, or court decision, or under the common law. Nothing in this definition shall prohibit the Watermaster and affected entity, after appropriate vote, from waiving such conflict in writing.
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9.6 GENERAL DUTIES
The general duties of the Watermaster in order to implement the Judgment fall into three categories, as follows:
9.6.1 POLICY
The Watermaster is responsible for the administration of the Judgment and for the development of policies necessary to carry out the implementation of the Water Management Plan, and for additions and modifications thereof.
9.6.2 WATER MANAGEMENT PLAN IMPLEMENTATION
The Watermaster shall implement a water management plan; its responsibilities in that regard include the following:
Calculating and making determinations regarding the following: (i) safe yield of the Management Area; (ii) each member’s share of safe yield; (iii) necessary reductions in each member’s Base Production Right to ensure production ultimately equals safe yield; (iv) unused storage capacity which may be used for put and take operations of recycled or imported water; and (v) whether replenishment of exported water is accomplished with an appropriate amount of similar or better quality water.
Approving projects to be undertaken by the Watermaster in collaboration with member entities as proposed by members of the Watermaster or by the Advisor. Providing for the recharge of the Management Area. This includes:
(i) implementing a replenishment program for the Management Area; (ii) acquisition of supplemental water supplies (imported, recycled, and Soboba Tribe water); and (iii) providing for the construction and operation of all necessary facilities (including surface and sub-surface percolation and injection facilities).
Determining the amount of, and levying, billing, and collecting the administrative and replenishment assessments.
Budgeting and appropriating funds collected by or on behalf of the Watermaster and paying, or authorizing the payment of, costs and expenses of the Watermaster consistent with the Judgment and Water Management Plan. Initiating and performing such planning and study activities as may be necessary to implement the Judgment and Water Management Plan, including, but not limited to, preparation of a Watermaster’s Annual Report. 130 Hemet/San Jacinto Groundwater Management Area
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Initiating necessary conservation and drought management measures, and developing water conservation agreements with the Private Water Producers and/or Soboba Tribe for local conservation measures.
Identifying and participating in the in-lieu replenishment projects. Performing all other tasks and taking all other actions as may be necessary to carry out the purpose and intent of the Judgment and the Plan.
9.6.3 TECHNICAL OVERSIGHT
9.6.3.1 Technical Committee Composition
The Stipulated Judgment provides for the operation of a TC, consisting of representatives named in a written designation by EMWD, LHMWD, the Cities of Hemet and San Jacinto, and the Private Water Producers (as one entity). The representative(s) of an entity may be changed by that entity by written notice of the change to the Watermaster.
9.6.3.2 Technical Committee Purpose
The TC will provide such technical assistance as the Watermaster may request and should make recommendations to the Advisor and to the Watermaster on all matters requiring four votes for Watermaster action as outlined in the Voting section above, and on such other matters as requested by the Watermaster. The TC members shall also keep their respective City Councils and Boards of Directors of the Public Agency parties and the Private Water Producers fully informed about the implementation of the Plan.
9.6.3.3 Technical Committee Chairperson
The Advisor will act as the TC’s Chairperson and fulfill all the necessary administrative functions required on behalf of the TC.
9.6.3.4 Technical Committee Costs
Costs incurred by individual TC members are the responsibility of the entity appointing that member, and Watermaster funds cannot be used to cover the costs and expenses incurred as a result of the TC activities and functions.
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9.7 WATERMASTER INTERACTION WITH EMWD
9.7.1 CONTRACT FOR SERVICES
The Watermaster will contract with EMWD to provide the following services:
Collection and maintenance of all production, water level, water quality, and other technical data necessary under or required by the Water Management Plan and the transmittal of such data to the Watermaster, its Advisor, and the TC as directed by the Watermaster; the foregoing shall not restrict the Watermaster from entering into other agreements with other members of the Watermaster and/or private firms and individuals for the collection of data. Obtaining imported water from MWD or other sources as requested by the Watermaster for replenishment or direct delivery; the foregoing shall not restrict the Watermaster’s ability to enter into other agreements with other members of the Watermaster and/or private firms and individuals for the purchase and delivery of imported and/or supplemental water.
Construct and operate the Phase I facilities (existing EMWD facilities, expansions thereof, and newly constructed facilities) in a manner consistent with the Water Management Plan.
Perform the accounting functions necessary under the Judgment, i.e., the levy, billing, and collection of all assessments provided for under the Judgment; the payment of costs and expenses of the Watermaster; and related and required accounting and related functions. All funds collected shall be held in a segregated account. All expenses and disbursements shall be separately accounted for. The foregoing shall not restrict the Watermaster from entering into other agreements with other members of the Watermaster and/or private firms and individuals to perform some or all of the accounting functions.
9.7.2 FINANCIAL RESPONSIBILITIES
EMWD will establish restricted accounts and hold all funds collected on behalf of the Watermaster separate from other EMWD funds. All expenditures, encumbrances, and use of funds from these accounts are subject to Watermaster authorization and will be limited to activities related to the Plan. EMWD will transmit periodic reports regarding its financial activities to the Advisor, including annual reporting summarizing the preceding fiscal year financial activities for the approval of the Advisor and the Watermaster. 132 Hemet/San Jacinto Groundwater Management Area
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SECTION 10 FINANCIAL PLAN
10.1 ANNUAL BUDGET
The Advisor shall prepare an Annual Budget for review, approval, and adoption by the Watermaster. This Budget shall identify each Public Agency member’s financial obligations and assessments and a description of budgeted expenditures, including:
Replenishment water purchase;
Operation and maintenance;
Data collection and evaluation;
Plan implementation administration;
Project planning and reporting;
Billing and assessment collection;
Capital facilities financial obligations; and
Preparation of an Annual Audit.
10.2 OWNERSHIP OF FACILITIES
Each Public Agency will continue to own its existing capital facilities for water management.
However, in some situations, it may be necessary and/or convenient to form a JPA to finance and build specific capital facilities. Responsibility for the cost of any existing and future capital facilities of the Management Plan should be apportioned among the Public Agencies based on relative benefit to be derived by each Public Agency.
10.2.1 EXISTING FACILITIES
The existing groundwater recharge facilities in the Management Area are owned by EMWD.
The Phase I project which is an upgrade of the existing recharge facilities is defined in Section 3.2.2 of this document, and EMWD will own these upgraded facilities. However, the use of the upgraded facilities and the benefits of the low-cost MWD water deliveries through this system will be shared by all agencies based on the level of construction funding contributions for the Phase I facilities and level of participation in the Soboba Settlement financing.
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10.2.2 FUTURE PROJECTS
Any of the participating Public Agencies may propose water supply projects to the Watermaster for inclusion in the Plan. Such proposals, after evaluation by the Advisor and the TC, shall be presented to the Watermaster for approval or rejection. If the Watermaster chooses to reject the proposal, the proposing Public Agency may implement the rejected project as long as it does not significantly impact the implementation of the Plan and/or interfere with ongoing groundwater production by the Public Agencies.
10.2.3 USE OF MEMBER AGENCY ASSETS
It is the intent of the Member Agencies that their respective facilities shall be used in a manner that facilitates the implementation of the Plan, on terms that are equitable to all parties and consistent with each agency’s obligations to its customer base.
10.3 ASSESSMENTS
Public agencies participating in the Plan are subject to two different assessments:
Administrative Assessment; and
Replenishment Assessment.
The purpose and use of these assessment funds are described in the following two sections:
10.3.1 ADMINISTRATIVE ASSESSMENTS
Administrative Assessments will be levied on each acre-foot pumped by each Public Agency up to the agency’s Adjusted Production Right. These assessments can be used to pay costs associated with:
Advisor’s activities and his/her administrative expenses; Billing and assessment collection costs;
Data collection and evaluation projects;
Plan implementation administration, including monitoring plan, and associated salaries and overhead; and
Project planning and reporting expenses.
Initially, the Administrative Assessment shall be Fifty Dollars ($50.00) per AF, subject to adjustment by the Watermaster.
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At the discretion of the Watermaster, any excess funds not used for the above expenditures at the end of the fiscal year can be used to purchase, deliver, and recharge the groundwater within the Management Area. These recharge waters are above and beyond groundwater replenishment waters purchased using the replenishment assessments, and should not be credited to individual Public Agencies as part of their required replenishment obligations. This shall not prohibit the development of a program or plan to provide credits for water purchased above and beyond that needed to satisfy a party’s replenishment obligation.
Subject to the Watermaster’s approval, funds may also be used to acquire and deliver water for direct use in lieu of pumping.
10.3.2 REPLENISHMENT ASSESSMENTS
Replenishment Assessments will be levied on each acre-foot of water pumped in excess of each Public Agency's or Class B Participant’s Adjusted Production Right. Replenishment Assessments will be in amounts equal to the cost of importing or acquiring supplemental water to recharge the Management Area. The component costs will include the cost of the water (including conveyance, transportation and energy costs, operations and maintenance costs, a reserve for replacement and other administrative costs). These assessments will be levied on a per AF of water in excess of each respective member’s adjusted Base Production Right. The revenue received for the replacement component shall be placed in a separate reserve fund to be used to fund the replacement cost of the existing system. New and/or expanded facilities will be financed from other resources.
10.3.3 COLLECTIONS AND ACCOUNTS
All the collected assessments and accounts associated with the Plan will be administered by the EMWD and are subject to the policies set by the Watermaster. All payments made to the Watermaster shall be maintained in a separate restricted account established by EMWD, and all accounts shall be subject to annual independent financial audits.
All revenues and assessments shall be used exclusively to acquire supplemental water for the recharge of the management Area and for the facilities and operational and administrative expenses associated with the Plan.
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10.4 PHASE I FACILITIES CONSTRUCTION AND SOBOBA
SETTLEMENT FINANCING
10.4.1 EMWD CONSTRUCTION COST
The initial facilities, Phase I, shall consist of existing EMWD facilities and expansion and additions to be constructed by EMWD at a cost currently estimated at $16.12 million less public grants totaling $5.0 million, for a net cost of $11.12 million. EMWD shall finance the construction of these facilities through a bond issue or cash payment or by combination thereof.
Each Public Agency shall be responsible for pro-rata repayment of the bonds through EMWD or reimbursement to EMWD (to the extent EMWD pays cash for said construction) based on that Agency's Base Production Right allocation percentage, i.e., 34.2% for LHMWD, 33.7% for EMWD, 19.6% for the City of Hemet, and 12.5% for the City of San Jacinto.
10.4.2 PAYMENTS TO SOBOBA TRIBE
In addition to the financing of the construction of Phase I facilities referred to in Section 10.4.1 above, the Soboba Settlement requires the payment of an additional $17 million to the Soboba Tribe in return for the right to use low cost MWD water delivered for the benefit of the Tribe but which the Tribe does not use and other unused Tribal water. The $17 million will be financed in the same manner as the construction of the initial Phase I facilities, i.e., by bond issue or cash payment by EMWD or a combination thereof. The $17 million obligation will be partially offset by a $10 million contribution by the United States toward the costs of constructing the Phase I facilities. Each Public Agency shall be responsible for pro-rata repayment of the bonds through EMWD or reimbursement to EMWD (for cash payment) based on that Agency's Base Production Right allocation percentage, as set out in Subparagraph (a) above.
10.4.2.1 Water Cost
The payment described above to the Soboba Tribe for the right to use low-cost MWD water delivered for the benefit of the Tribe but not used by the Tribe does not include the price of the water itself, which must be paid to MWD. Each Public Agency shall contractually agree with EMWD to pay its share of MWD’s price for such water that it acquires for use to EMWD to enable EMWD to pay MWD.
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Financial Plan
10.4.3 EMWD OBLIGATION
Agreements between EMWD and each other Public Agency setting forth that Agency's financial commitment as required under Sections 10.4.1 and 10.4.2 (citation) above will be required as a condition precedent to EMWD's obligation to finance the facilities construction and the payment to the Tribe so as to establish a dedicated source of revenue for bond repayment or reimbursement, as appropriate. Said agreements shall also provide that, in return for said financial commitment, the Public Agency shall be entitled to: (1) share in the capacity of the Phase I facilities (those in existence and those to be constructed) and (2) share in the rights to the MWD water not used by the Tribe and other unused Tribal water, in each case based on the Agency's Base Production Right allocation percentage, as set out in Subparagraph (a) above.
Each agreement with EMWD shall provide for the Agency’s method of pro-rata repayment of bonds or reimbursement to EMWD, provided, however, that no Agency will be required to do so by cash payment without its consent.
10.4.4 RIGHT TO TRANSFER ENTITLEMENT TO USE FACILITIES AND/OR ENTITLEMENT TO
SHARE IN RIGHTS TO WATER NOT USED BY TRIBE
Each Public Agency shall have the right to sell, lease or otherwise transfer the rights and obligations it holds to use the Phase I facilities described in Section 10.4.1 above and/or to share in the rights to the MWD water not used by the Tribe or other water not used by the Tribe described in Sections 10.4.2 and 10.4.3 above, provided that the transferee thereof shall be bound by said obligations. The foregoing notwithstanding, the Watermaster shall have the right of first refusal regarding any such transfer proposed by a Public Agency.
10.5 FUTURE CAPITAL FACILITIES
Future facilities may be required to meet the growth needs of the Management Area, which may require that a JPA or other financing conduit be formed. In either case, each Public Agency’s contribution toward the cost of acquiring the added facilities shall be established by the Watermaster at the time such facilities will be needed. The use of such facilities shall be at the discretion of the Watermaster and be dedicated to replenishment activities. The foregoing shall not affect the right of a Public Agency to undertake a water supply project pursuant to Section 10.4.2 above.
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SECTION 11 IMPLEMENTATION PLAN
The five-member Watermaster Governing Board (Watermaster) will be composed of one elected official each from the City of Hemet, City of San Jacinto, LHMWD, and EMWD (Public Agencies) and one representative elected by the private groundwater producers (Private Water Producers). Each member of the Watermaster will have one vote and will serve until replaced by the entity (Public Agencies or the Private Water Producers) making the original appointment.
The Watermaster is responsible for administering and enforcing the provisions of the Stipulated Judgment and any subsequent instructions or orders of the Court. The implementation of the Management Plan, along with any additions or modifications as may from time to time be appropriate, and all financial matters relating to Management Plan Activities are the responsibility of the Watermaster.
This section describes how the Watermaster is expected to implement different elements of the Physical Solution outlined in the Stipulated Judgment. Information provided in this section should be used for planning purposes and is not intended to set or change any conditions imposed by the Stipulated Judgment. The timelines provided in this section should be used as guidelines and are not meant to imply any obligation to be met by the Watermaster. The Watermaster is expected to use the information provided in this section during the early years after its formation and refine, revise, or redefine the information, as it deems appropriate.
11.1 ORGANIZATION
The Watermaster will receive assistance and support from legal counsel, an Advisor, a Technical Committee (TC), and Eastern Municipal Water District (EMWD). The duties and responsibilities of each entity are outlined in subsequent sections. Figure 11.1 demonstrates the relationships between the Watermaster and its supporting entities.
Within one month of the Stipulated Judgment approval, the Private Pumpers identified as Class A and B participants are expected to develop a procedure for electing their representative. The elected officials from the Agencies and the Private Pumpers serving as the Watermaster should be identified within the first two months of Stipulated Judgment approval, and the Watermaster should conduct its first meeting at a mutually acceptable location within one month after that. 139 Hemet/San Jacinto Groundwater Management Area
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EMWD
TECHNICAL
ADVISORY
COMMITEE
ADVISOR
WATERMASTER BOARD LEGAL
COUNSEL
Management
Evaluation
Recmmendations
Purchase water from MWD
Deliver water to recharge basins
Operation and maintain facilities and systems
Other activities related to physical operations
Data / sample collection
Lab analysis and data compilation
Meter reading / billing / collection / accounting
RECHARGE OPERATIONS ADMINISTRATION AND MONITORING
Figure 11.1 Relationships between Entities
Within three months of the Watermaster’s first meeting, the Watermaster will retain the services of an independent attorney or legal firm (Legal Counsel) to provide assistance with legal matters and to provide ongoing advice and recommendations in legal areas appropriate to the Watermaster carrying out its duties
Also within three months of the Watermaster’s first meeting, the Watermaster will contract with either an independent engineering firm or a qualified individual (Advisor) experienced in hydrology to evaluate and analyze the data collected by EMWD and any conclusions based on that data, and to make recommendations to the Watermaster. The Advisor will provide general coordination between the Watermaster, the Technical Committee, and EMWD with respect to their respective functions, and will also perform such executive functions as the Watermaster may direct. The Watermaster may refer any matter it chooses to any person it may select for assistance in carrying out its duties under the Judgment.
The TC will consist of managerial and technical representatives of the Agencies and Private Water Producers. The Advisor will serve as the TC chairman. The TC will provide technical assistance at the request of the Watermaster. The TC will make recommendations to the Advisor and to the Watermaster on all matters requiring four votes for Watermaster action, which are:
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Any change in the form of governance;
Any change in voting requirements;
Retaining the services of legal counsel and Advisor;
Establishing, levying, increasing or decreasing all assessment amounts; Adopting or amending the annual budget;
Determining the extent of overdraft and quantifying safe yield; Determining Adjusted Production Rights;
Decisions regarding the financing of Supplemental Water or facilities; Decisions regarding ownership of facilities, other than ownership of the Phase I facilities, which will be owned by EMWD, subject to a right of use by those parties participating in the Phase I financing;
Management policies for the Management Area; and
Any decision that involves a substantial commitment by the Watermaster, including any contracts for conserved water.
In addition, the TC will receive all Monitoring Program and associated data from EMWD for review and evaluation. The TC members are anticipated to keep the City Councils, Agency Boards of Directors, and participating Private Pumpers informed about the Watermaster activities and the Water Management Plan’s status.
Within six months of Stipulated Judgment approval, the Watermaster will prepare and adopt Rules and Regulations for its own operation as well as for the operation of the Water Management Plan and Judgment. A dispute resolution process will be included in the Rules and Regulations.
11.2 MONITORING PROGRAM IMPLEMENTATION
The Monitoring Program was initiated with the execution of the September 2003 Agreement to Develop a Groundwater Monitoring Program in the Hemet/San Jacinto Management Area between the Cities of Hemet and San Jacinto, EMWD, and LHMWD. Its purpose was to measure and monitor groundwater levels to assist in the accurate evaluation of conditions of overdraft and the evaluation of the operational safe yield in the Management Area. In addition to water levels, the program included water quality and production monitoring. The agreement for 2005 added surface water monitoring of San Jacinto River flows in conjunction with the U.S.
Geological Survey. Funded equitably among the agencies, the Monitoring Program has been managed by EMWD. The monitoring locations currently are sampled annually for quality and are measured semi-annual for water levels. The locations are presented in Figure 11.2. These 141 Hemet/San Jacinto Groundwater Management Area
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Implementation Plan
locations may be updated based on the recommendations in the annual monitoring program as discussed later in this Section.
To protect groundwater supplies, an Inactive Well Capping/Sealing Program is included in the Monitoring Programs. Under this program, an inactive well or open casing will be capped/sealed at no charge to the well owner. These wells may still be used for water level and, in some cases, water quality monitoring. Priority is given to those wells that are potentially dangerous open holes (16-18" casings) or those located in areas where flooding resulting from precipitation might carry manure, fertilizers, or other contaminants into the well.
Any Agency or well owner can provide the Watermaster or Monitoring Program personnel with the location of an unused well or open casing for consideration for the Inactive Well Capping/Sealing Program.
Under a contract with the Watermaster, EMWD will lead the Monitoring Program effort. Prior to January 1st of any given year, EMWD staff will present a proposed Monitoring Program to the Advisor. The program is anticipated to include:
1. Estimated number of wells to be monitored for groundwater levels;
2. Estimated number of wells to be sampled for water quality;
3. Number of meters to be read monthly or installed or repaired;
4. Estimated number of inactive wells to be capped;
5. Any changes or variation from the previous year’s activities; and
6. Estimated budget to include cost for the field activities and development of the annual report.
The Advisor will review, revise, approve or reject the proposed monitoring program and initiate the annual monitoring program before the end of January of each year. The annual Monitoring Program budget must be approved by the Watermaster before the end of February of each year. The Monitoring Program is run on a calendar year basis and each annual report and associated budget will reflect such a calendar year time period. 142 Hemet/San Jacinto Groundwater Management Area
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%
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San Jacinto River
Diamond Valley Lake
Lake Skinner
Hemet
San Jacinto
·|}þ79
·243 |}þ
·|}þ74
·|}þ79
SWG_11070020
SWG_11070150
SWG_11069500
Legend
% Stream Gages*
Groundwater Monitoring Sites Type*
$ Water Quality Only
$ Water Level Only
$ Quality and Level
! Cities
Major Watercourses
Lakes and Reservoirs
Major Roads
Management Area
October 2007
Hemet / San Jacinto Water Management Plan
Stream Gages and Groundwater Monitoring Sites
Figure 11.2
01 0.5
Miles
±
*Source: EMWD
14.B.
Implementation Plan
Data to be considered for collection and inclusion in the Hemet/San Jacinto Water Management Area Annual Reports to assess the status of the basins and to monitor the responses for future management activities may include, but is not limited to:
Groundwater level monitoring results;
Groundwater quality monitoring results;
Groundwater production;
Surface water flow monitoring results;
Surface water quality;
Surface water diversions;
Imported water;
Hydrologic data (rainfall and evaporation);
Recycled water production;
Recycled water sales/use;
Conveyance water;
Water conservation measures;
Population growth and development; and
Land use and crop mix.
EMWD will submit the Annual Hemet/San Jacinto Water Management Area Report resulting from the Monitoring Program to the Advisor for review within four months after completion of each calendar year’s monitoring program. The Advisor will then provide the Watermaster with recommendations on how best to operate the Management Area as well as provide a proposed determination of Administrative and Replenishment Assessments for each agency based on previous year’s activities. Within the first six years, the Watermaster, with input from its Advisor and the TC, will make a determination of the safe yield of the Management Area.
Thereafter, the safe yield shall be reviewed and modified, if necessary, upon the recommendation of the TC or as the Watermaster may determine.
The Watermaster will use information provided in the Annual Hemet/San Jacinto Water Management Area Report and Advisor’s recommendations to decide on how to meet the goals for the upcoming year(s).
11.3 MANAGEMENT PLANNING TOOLS
In the future, the Watermaster may want to develop or use databases and other numerical models as planning tools. EMWD maintains a RWRD. Data from the Groundwater and Surface 144 Hemet/San Jacinto Groundwater Management Area
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14.B.
Implementation Plan
Water Monitoring Programs, as well as other water and groundwater-related data, are stored in this database. These data form the basis of the Hemet/San Jacinto Water Management Area Annual Reports and can be made available to the Advisor.
EMWD’s groundwater flow/transport numerical model can also be made available to assist the Advisor and the Watermaster in evaluating different water resources management alternatives for future projects, for planning purposes, for analysis as in the Regional Water Quality Control Board permitting process, and for determining safe yield. The model is capable of calculating the water budget, exhibiting trends, evaluating regulatory constraints, and can be used as a planning tool. It is recommended that the model be updated every three to five years at the discretion of the Watermaster.
To use EMWD’s RWRD and groundwater flow/transport numerical model, the Watermaster is anticipated to enter into a contract with EMWD to cover the Watermaster related cost of software upgrades, necessary hardware, and resources required for maintenance of these tools.
11.4 FINANCIAL ADMINISTRATION
The Watermaster is responsible for the levying, billing, and collection of all assessments provided for under the Judgment, for the payment of all costs and expenses of the Watermaster, and for the performance of accounting and related functions required in connection with performing the Watermaster’s duties. The Agencies’ groundwater production will be subject to Administrative and Replenishment Assessments. Class B participants are only subject to Replenishment Assessments.
The Watermaster will determine the amount of the Administrative Assessments. For the first year of implementation these assessments are set at $50 per acre-foot. The amount of the Replenishment Assessments will equal the cost of providing a like quantity of supplemental water to recharge the Management Area. The cost of providing a like quantity of water will include the costs of water, operations and maintenance costs of the replenishment system; capital recovery, and other administrative costs as defined in the Stipulated Judgment. An Administrative Assessment will be levied on each acre foot pumped by an Agency up to its adjusted base production right excluding any adjustments as outlined in the Stipulated Judgment.
In order to obtain operating funds for the Watermaster, the Agencies will advance payment of their share of the Administrative Assessments. These payments are anticipated to be paid within the first quarter of each year. Replenishment Assessments due will be determined on the basis of production during the prior calendar year, and are expected to be paid within the first 145 Hemet/San Jacinto Groundwater Management Area
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Implementation Plan
quarter of the year following the prior calendar year’s production. Replenishment Assessments will be collected prior to actual recharge by the Watermaster.
In addition, the Agencies will be required to make payments as required under other obligations with EMWD, such as, Phase 1 Facilities and Construction Cost and Use, and delivery and use of recycled water agreements.
Starting with the second year, the Watermaster’s invoices should reflect the balance of the Administrative and Replenishment Assessment payments from the previous year as a credit or debit on the invoices.
Within three months of Stipulated Judgment approval, the Watermaster is anticipated to contract with EMWD to perform the Watermaster’s accounting functions including billing, collection, and accounting. EMWD will maintain a restricted account for such activities as the operation of the Monitoring Programs and purchase of replenishment water. In addition, EMWD will invoice the Watermaster for its share of imported water costs. EMWD’s restricted accounts will be included in the Watermaster’s year-end audits to be conducted in accordance with accepted accounting principles.
Funding for the monitoring program, development and use of the management planning tools, and the financial management of the accounts are anticipated to come from Administrative Assessments.
All funds collected by EMWD must be held in a segregated account and all expenses and disbursements must be separately accounted for.
11.5 STIPULATED JUDGMENT ADMINISTRATION
The Watermaster shall prepare, file with the Court, and distribute to relevant parties a Watermaster Annual Report including a summary of all activities during the preceding calendar year, an audited statement of all accounts and financial activities of the Watermaster, and a summary of extractions and replenishments as well as all other pertinent information.
The Watermaster will provide the Court updated estimates of the groundwater budget, safe yield, and overdraft as required.
During the development of the Water Management Plan, a number of Agreements and MOUs were initiated among and between the Agencies. Within three months of the Stipulated Judgment approval, the Watermaster will review and re-issue the Agreements and MOUs in the name of the Watermaster if necessary and appropriate. The current MOUs are presented in Appendix H.
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Upon Settlement Agreement implementation, the Watermaster will recognize the Tribal Water Rights, as set forth in the Stipulated Judgment and the applicable provisions of the Soboba Tribe Settlement Agreement.
11.6 FACILITIES AND PROJECTS
Each Agency shall continue to own its existing capital facilities for water management.
However, capital facilities may be jointly constructed and owned by the Management Plan.
Joint financing of such facilities may be funded by regional capital fees, loans and grants, municipal bonds, and contributions for storage by The Metropolitan Water District of Southern California or other third parties. Responsibility for the costs of any existing and future capital facility of the Management Plan should be apportioned among the Agencies based on the relative benefit to be derived by each Agency. Any Agency may propose a project to be included in the Management Plan to increase Management Area water supply. Such proposals, after evaluation by the Watermaster, shall be included or rejected. If the Watermaster chooses to reject a proposal, the proposing Agency may implement the rejected project as long as it does not significantly impact the implementation of the Management Plan and/or interfere with the ongoing production by the Agencies. The maintenance and upgrading of facilities currently owned by any Agency, and used to further the goals of the Management Plan, will be considered by the Watermaster for funding.
The Agencies have been evaluating and developing a number of programs to mitigate overdraft. The stakeholders agreed that the primary project, the core of the Physical Solution, is the IRRP. This project involves the artificial recharge of imported water into the basin along the San Jacinto River. An agreement that documents the ownership, financing, and operation of the facilities for Phase I of the IRRP is anticipated to be executed after completion of the California Environmental Quality Act (CEQA) process.
The Recycled Water In-Lieu Program identifies large agricultural pumpers in the Management Area that can use recycled water as their source of supply instead of producing groundwater.
Providing recycled water to these producers will reduce the stress on groundwater resources and will reduce the community’s long-term need for imported replenishment water.
The Watermaster, with assistance from the Advisor, TC, and EMWD, will develop recycled water strategies. The operational feasibility of these strategies will be assessed and determined by the Advisor and EMWD. The Advisor will recommend economically feasible projects to the Watermaster for implementation. It is anticipated that EMWD, as the sole recycled water provider in the Management Area will, own, operate and administer facilities required for these projects.
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11.7 SPECIAL PROJECTS AND STUDIES
It will be necessary to conduct technical or other investigations such as hydrogeologic investigations, GIS analyses, field investigations, numerical modeling, or feasibility studies.
The Watermaster may act individually or participate with other entities to conduct such investigations or to collect data necessary to accomplish the main goals of the Management Plan. In addition, any Agency may propose investigations or studies that are appropriate to the goals of the Management Plan. Such proposals, after review by the Advisor and evaluation by the Watermaster, shall either be accepted or rejected. If the Watermaster rejects a study, the proposing Agency may still implement the investigation or study so long as it does not significantly impact the implementation of the Management Plan or interfere with the ongoing activities by the Agencies.
11.8 CONSERVATION PROGRAMS
Each agency maintains its own individual Conservation Program. Additional conservation measures can be designed and implemented using Best Management Practices by the agencies and/or implemented by the agricultural producers and dairy water users. The Watermaster has the discretion to expand its involvement in local conservation programs and if appropriate, lead any collaborative conservation program amongst the agencies.
11.9 WELL CONSTRUCTION, ABANDONMENT, AND DESTRUCTION
Riverside County regulates the construction, reconstruction, abandonment, and destruction of community water supply wells, individual domestic wells, and agricultural wells. Through the offices of the Department of Environmental Health, the County is responsible for issuing permits for well drilling or abandonment.
Section 10 of the Ordinance No. 682.3 states, “Standards for the construction, reconstruction, abandonment, or destruction of wells shall be the standards recommended in the Bulletins of the California Department of Water Resources as follows: Bulletin NO 74-81 Chapter II Water Wells, and Bulletin NO 74-90 (Supplement to Bulletin 74-81) and as these Bulletins may be amended by the State of California from time to time.”
To oversee management of the groundwater resources in the area, the Watermaster is expected to coordinate with the County of Riverside, and track new developments in the area. This will help the Watermaster to identify critical groundwater monitoring wells that are located in areas to be developed. A plan for proper abandonment and/or destruction, and replacement of the well as a monitoring well, if appropriate, will then be set in motion. 148 Hemet/San Jacinto Groundwater Management Area
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If the well is critical in providing data for the Management Area Monitoring Program, the Watermaster will work with the appropriate jurisdictional agency and the well owner to save the well for monitoring or to replace it with a new monitoring well in an area adjacent to a retention basin, park, green belt, or other community area in the vicinity of the original well location.
The Advisor, with the concurrence of the Watermaster, will arrange meetings with the Agencies to discuss and review future construction of any facilities that may be of value or interest to the Management Plan area. The Watermaster will work with the project proponent with regard to enhancing and or modifying the facilities to maximize the benefit to the Management Plan effort.
11.10 PUBLIC PARTICIPATION
The process by which interested and affected individuals, organizations, agencies and government entities are consulted and included in decision making, has been the driving force in the development of the Water Management Plan. Stakeholders in the Hemet/San Jacinto basins have recognized for several years that their groundwater basins are in a state of overdraft. The Soboba Water rights Proposal presented in February of 1995 provided the impetus for the examination of the overdraft problem. The topic of discussion of a public meeting held on December 13, 2000 was the state of the Hemet/San Jacinto groundwater basins.
EMWD sponsored community discussions in early 2001 entitled: “Groundwater Management:
Avoiding Political Pitfalls”, “State of the Hemet/San Jacinto Basins”, and “Cooperate to Selfgovern”. The Principles for Water Management were drafted as the basis for a starting point to develop solutions, both for the Soboba proposal and for the overdrafted basin. The Principles were circulated to the general public in February 2001.
In June, 2001, EMWD, LHMWD, City of Hemet and City of San Jacinto signed a conjunctive management Memorandum of Understanding (MOU) with DWR. Two committees were organized to work cooperatively to address the issues. The policy committee, comprised of elected officials and staff members of the four agencies, plus local private pumpers, and a technical advisory committee with representatives from the four agencies, the private pumpers and a neutral consultant provide by DWR. The policy committee meetings are open to the public and are frequently attended by agricultural pumpers, local business owners, local residents, and tribal members, attorneys and technical consultants of the Soboba Band of Luiseño Indians.
Water Outreach Public Information Programs hosted by EMWD have been held at a local restaurant in Hemet in October 2001 and August 2002 to discuss the progress of the Groundwater and Technical Committees in the development of a Water Management Plan. 149 Hemet/San Jacinto Groundwater Management Area
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The Watermaster will continue this process of public involvement and community outreach during Management Plan implementation. Meetings of the Watermaster will be public meetings and will, therefore, be subject to the Brown Act.
11.11 GROUNDWATER MANAGEMENT PLAN COMPONENTS AND
CONSISTENCY WITH THE CALIFORNIA WATER CODE
Groundwater management is the planned and coordinated local effort of sustaining the groundwater basin to meet future water supply needs. With the passage of AB 3030 in 1992, local water agencies were provided a systematic way of formulating groundwater management plans (California Water Code, Sections 10750 et seq.). AB 3030 also encourages coordination between local entities through joint-power authorities or MOUs. SB 1938, passed in 2002, further emphasized the need for groundwater management in California. SB 1938 requires AB 3030 groundwater management plans to contain specific plan components to receive state funding for water projects.
The Water Management Plan includes the seven mandatory components that are required to be eligible for the award of certain funds administered by DWR for the construction of groundwater projects or groundwater quality projects. The Plan also addresses the 12 specific technical issues identified in the California Water Code along with the seven recommended components identified in DWR Bulletin 118 (DWR 2003). Appendix I lists the required and recommended components and identifies the specific location within this Plan where the information can be found.
11.12 SCHEDULE
The Plan Implementation Schedule is shown in Table 11.1.
Phase I of the Integrated Recharge and Recovery Program is scheduled to be constructed in two phases, Phase A and Phase B. The schedule for activities related to these phases is shown in Table 11.2.
14.B.
Implementation Plan
Table 11.1 Plan Implementation Schedule
Task
No. Description Time Required
Estimated
Completion
1 Retain Services of Legal Counsel 3 Mos.
2 Retain Services of Advisor 3 Mos.
3 Review and Re-issue Existing Agreements and MOUs
in the Name of the Watermaster if Appropriate and/or
Necessary
3 Mos.
4. Watermaster Enter into Contract(s) with EMWD to:
a) Manage/administer the Groundwater and Surface
Water Monitoring Programs and prepare the
Hemet/San Jacinto Water Management Plan Annual
Report containing Monitoring Program results and
related information;
b) Compile all data and maintain the Regional Water
Resources Database;
c) Operate, maintain, and update the Groundwater
Model.
d) Provide Accounting Functions.
e) Manage Recharge Facilities and any Other Field
Operations.
3 Mos.
Within 6 mos.
of Stipulated
Judgment
Approval
(S.J.A.)
6 First Watermaster Annual Report to the Court 3 Mos.
Within
14 mos. of
S.J.A.
7 Develop and Adopt Rules and Regulations 3 Mos. Within 6 mos. of S.J.A.
8 Administrative Assessment Payment
1st Quarter
of Each
Year
On-going
9 Replenishment Assessment Payment
1st Quarter
of Each
Year
Following
the Actual
Production
On-going
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Table 11.2 Phase I Project Construction
Task
No. Description Time Required
Estimated
Completion
PHASE A
1 Environmental Process (EIR) --- Completed
2 Land Acquisition
3 Grant Approval, Advertising, Award 7 Mos.
4 Extraction Well Drilling 17 Mos.
5 Extraction Well Pump & Chlorination Equipping 12 Mos. 6 Pump Station Modifications 12 Mos.
Within 6 mos. of
Settlement
Agreement
Approval
(S.A.A.)
PHASE B
1 NEPA/Permitting Process --- Before S.A.A.
2 Extraction Well Drilling 6 Mos.
3 Extraction Well Pump & Chlorination Equipping 19 Mos. 4 Recharge Basins 5 Mos.
5 Pipelines 5 Mos.
6 Monitoring Wells 6 Mos.
Within 12 mos.
of S.A.A.
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14.B.
SECTION 12 REFERENCES
Boen, Doyle; Bunts, J.H.; Currie, Robert J. 1971. Study of Reutilization of Wastewater Recycled through Groundwater, Vols.1 & 2, USEPA Office of Research and Monitoring.
DWR. 2006. California Irrigation Management Information System (DWR CIMIS). Online.
Accessed February 17, 2006.
http://wwwcimis.water.ca.gov/cimis/monthlyEToReport.do.
DWR. 2000. Groundwater Basins shapefile. http://casil-mirror1.ceres.ca.gov/casil/ gis.ca.gov/teale/grdwatba/
DWR. 1978. Water Resources Evaluation of the San Jacinto Area. April.
DWR. 1969. Investigation of Ground Water Conditions in the San Jacinto River Valley. July.
EMWD. 2005a. Urban Water Management Plan 2005. December.
EMWD. 2005b. Hemet/San Jacinto Water Management Area 2004 Annual Report. June.
EMWD. 2005c. Regional Water Resources Database.
EMWD. 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005d. West San Jacinto Groundwater Basin Management Plan, Annual Report of the Status of the Groundwater Subbasins. Eastern Municipal Water District. Report produced annually each year for the proceeding year from 1996-2004. Most recent report for 2004 published 2005.
Engineering Resources of Southern California. 2005. Preliminary Design Report for the San Jacinto Agricultural In-Lieu Water Supply Project. January.
Hemet, City of. 2006. Urban Water Management Plan 2005. February.
LHMWD. 2005. Urban Water Management Plan 2005. November.
Lofgren, Ben. 1976. Land Subsidence & Aquifer System Compaction, Journal Research USGS.
Lofgren & Rubin. 1975. Radiocarbon Dates Indicate Rates of Graben Downfaulting, Journal Research USGS.
Metropolitan Water District of Southern California (MWD). 1991. Eastside Reservoir Project Final Environmental Impact Report, October.
Morton, D. M. 1995. Subsidence and Ground Fissuring in the San Jacinto Basin, Southern California.
In K. R. Prince, D. L. Galloway and S. A. Leake (eds.), U.S. Geological Survey Subsidence Interest Group Conference, Edwards Air Force Base, Antelope Valley, California 153 Hemet/San Jacinto Groundwater Management Area
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References
November 18-19, 1992: Abstracts and Summary: U.S. Geological Survey Open-File Report OF 94-532, p. 29-31.
Psomas. 2003. Hemet-San Jacinto Recharge and Recovery Program- Feasibility Study. June.
Rees, Terry F. 1994. letter sent to LeAnne Hamilton of EMWD. October 31.
San Jacinto, City of. 2005. Urban Water Management Plan 2005. December.
Santa Ana Regional Water Quality Control Board (RWQCB). 1995. Water Quality Control Plan, Santa Ana River Basin (8). Adopted March 11, 1994, and as amended (Resolution No. R8- 2004-001, January 2004).
Singh, Gurinder Jit. 1992. EMWD San Jacinto Water Harvesting Project Feasibility Study. July.
State Water Resources Board (SWRB). 1955. Bulletin No. 15 Santa Ana River Investigation, Appendix B Geology of San Jacinto and Elsinore Basins. June 1955.
TechLink Environmental. 2002a. Regional Groundwater Model for the San Jacinto Watershed.
December.
TechLink. 2002b. Hemet-San Jacinto Integrated Recharge and Recovery Program- Feasibility Study Groundwater Flow Model. December.
TetraTech. 2004. Groundwater Infiltration Predictions Using Surface Water Model Output for the San Jacinto Watershed. March.
TetraTech. 2003. Lake Elsinore and Canyon Lake Nutrient Source Assessment. January.
United States Department of Agriculture, Soil Conservation Service. 1971. Soil Survey: Western Riverside Area California. November.
Wildermuth Environmental, Inc. 2000. TIN/TDS – Phase 2A of the Santa Ana Watershed, Development of Groundwater Management Zones, Estimation of Historic and Current TDS and Nitrogen Concentrations in Groundwater, Final Technical Memorandum. July.
WRIME. 2003a. Basin Assessment Report and Integrated Water Management Plan, TM 1, Assessment of Historical and Projected Land and Water Use Data. June.
WRIME. 2003b. Basin Assessment Study, Executive Summary. May.
WRIME. 2003c. Basin Assessment Report and Integrated Water Management Plan, TM 2, Identification and Description of Potential Conjunctive Use Projects. May.
WRIME. 2003d. Operation Yield Study, Hemet/San Jacinto Groundwater Management Area.
January.
154 Hemet/San Jacinto Groundwater Management Area
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References
WRIME. 2004. Draft Technical Memorandum No. 3 (TM3) - Analysis of Impacts of Conjunctive Use Projects. January.
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References
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156 Hemet/San Jacinto Groundwater Management Area
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14.B.
APPENDIX A SETTLEMENT AGREEMENT
Hemet/San Jacinto Groundwater Management Area
Water Management Plan
14.B.
SOBOBA BAND OF LUISEÑO INDIANS
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into by the Soboba Band of Luiseño Indians on behalf of itself and its members (collectively, the “Soboba Tribe”); the United States of America solely in its capacity as trustee for the Soboba Tribe (the “United States”); the Eastern Municipal Water District (“EMWD”); the Lake Hemet Municipal Water District (“LHMWD”); and The Metropolitan Water District of Southern California ( “MWD”).
ARTICLE 1- RECITALS
1.1 The Soboba Tribe has made claims against EMWD and LHMWD (collectively, the “Local Districts”) for alleged infringement of its water rights in the San Jacinto River (“River”) and the Canyon Sub-basin and the Intake portion of the Upper Pressure Sub-basin associated therewith (collectively “Basin”) in Riverside County, California, and for damages related to historical interference with the Soboba Tribe’s rights and the unauthorized use of its water. Specifically, the Soboba Tribe alleges that the Local Districts, through their longstanding diversion of waters from the River and pumping of Groundwater from the Basin, have interfered with the Soboba Tribe’s water resources and its rights to the beneficial use and enjoyment of the Reservation.
1.2 The Soboba Tribe also has filed a lawsuit against MWD styled Soboba Band of Luiseño Indians v. Metropolitan Water District of Southern California, United States District Court Case No. 00-04208 GAF (MANx) (the “Action”). The Action alleges that MWD, by the construction and operation of the San Jacinto Tunnel (the “Tunnel”), has interfered with the Soboba Tribe’s water resources and its rights to the beneficial use and enjoyment of the Reservation.
1.3 The Parties have agreed to settle the Soboba Tribe’s claims on the terms set forth in this Settlement Agreement.
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2 1.4 MWD also contends that it has legal indemnification claims and other rights against EMWD for the Action arising out of MWD Board Resolution 3940 (EMWD’s Terms of Annexation into MWD). In 1951, EMWD was created and annexed into MWD for the purposes of resolving claims that MWD’s construction and operation of the Tunnel interfered with local water rights in the Basin and to obtain a supplemental supply of water for the area. The Terms of Annexation required EMWD to resolve potentially conflicting rights to the Tunnel seepage water and that MWD annually credit EMWD for the entire amount of Tunnel seepage, which MWD has done every year since 1951. In exchange for the benefits of being annexed into the MWD service area and the return of the Tunnel seepage water to EMWD, EMWD was required to defend and indemnify Metropolitan from certain claims seeking recovery for loss or injury as a consequence of the Tunnel seepage, specifically including claims brought by the Tribe. In response to the Tribe’s Action, MWD tendered the defense and indemnity of the Tribe’s claims to EMWD, which EMWD declined on the grounds that the Action allegedly exceeded the scope of its obligations under the Terms of Annexation. MWD subsequently filed a third party action against EMWD seeking to enforce the defense and indemnity provisions contained in the Terms of Annexation. EMWD and MWD dispute each other’s contentions.
1.5 EMWD and MWD have agreed as part of this settlement to resolve their dispute over the scope of EMWD’s defense and indemnity obligations to MWD reflected in the EMWD’s Terms of Annexation.
NOW, THEREFORE, in consideration of the promises and agreements hereinafter set forth, the Parties agree as follows:
ARTICLE 2 - DEFINITIONS
This Settlement Agreement employs abbreviated terms that have the meanings below. To the extent that the definitions below conflict with those terms defined in other sections of the Settlement Agreement, the definitions in Article 2 shall prevail.
2.1 “Act” unless otherwise indicated, shall mean the Soboba Settlement Act approving this Settlement Agreement, attached as Exhibit A.
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3 2.2 “Action” means the Soboba Tribe’s lawsuit against MWD styled Soboba Band of Luiseño Indians v. Metropolitan Water District of Southern California, United States District Court Case No. 00-04208 GAF (MANx) and includes MWD’s third party claim against EMWD.
2.3 “AFA” means acre-foot of water per annum.
2.4 “Basin” means collectively the Canyon Sub-basin and the Intake portion of the Upper Pressure Sub-basin as depicted on Exhibit B (map) and described in Exhibit C.
2.5 “Best Efforts” means that the Districts will take all commercially reasonable actions to fulfill the referenced contractual obligation.
2.6 “Canyon Sub-basin” means the groundwater basin as depicted on Exhibit B (map) and described in Exhibit C.
2.7 “Court” shall mean the Federal District Court for the Central District of California, Central Division, which has exercised jurisdiction over the Action.
2.8 “Decree Court” means the court with jurisdiction over the judgment and decree entered in accordance with this Settlement Agreement.
2.9 “Districts” means EMWD, LHMWD, and MWD.
2.10 “Effective Date” means the date on which the Secretary causes to be published in the Federal Register a statement of findings that the conditions in Section
3.1 have been fulfilled.
2.11 “EMWD” means the Eastern Municipal Water District.
2.12 “Groundwater” for the purposes of this Settlement Agreement means all water beneath the surface of the earth.
2.13 “Imported Water” means water sold by MWD to EMWD pursuant to Section 4.4 and is not intended to have the same meaning as the term “Imported Water” is used in MWD’s Administrative Code.
2.14 “Intake Sub-basin” means the portion of the Upper Pressure groundwater Subbasin as depicted on Exhibit B (map) and described in Exhibit C.
2.15 “LHMWD” means the Lake Hemet Municipal Water District.
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4 2.16 “Local Districts” means EMWD and LHMWD.
2.17 “MWD” means The Metropolitan Water District of Southern California.
2.18 “Party” is the singular form of “Parties,” which means the entities represented by the signatories to this Settlement Agreement.
2.19 “Recharge Facilities” means those facilities to be constructed by the Local Districts pursuant to Section 4.4.G of this Settlement Agreement for the purpose of recharging the Imported Water into the Basin.
2.20 “Reservation” means the Soboba Indian Reservation as depicted on Exhibit D (map), comprising approximately 5,935 acres, as established by Executive Order on June 19, 1883; thereafter expanded by Executive Orders on January 29, 1887, and December 29, 1891, the purchase of 709.65 acres known at “Tract 8” in 1911, the issuance of a trust patent for 68.9 acres in 1913, and the transfer of 880 acres pursuant to the Southern California Indian Land Transfer Act, Pub. L. No. 100-581, 102 Stat. 2946 (1988); and, thereafter modified by Executive Orders of March 22, 1886, and January 29, 1887, and the issuance of a fee patent for 32.84 acres in 1900. It does not include the 950 acres northwest of and contiguous to the Reservation known as the “Jones Ranch,” purchased by the Soboba Tribe in fee on July 21, 2001, and placed into trust on January 13, 2003, nor the 278.49 acres southeast of and contiguous to the Reservation known as the “Greater Horseshoe,” purchased by the Soboba Tribe in fee in five separate transactions in June and December 2001 and December 2004; nor the 478 acres north of and contiguous to the Reservation known as “Kwiili,” purchased by the Soboba Tribe in fee on April 4, 2004.
2.21 “River” means the surface flow of the San Jacinto River and its tributaries from its origins in the San Jacinto Mountains into and across the Basin as shown on Exhibit B (map).
2.22 “Secretary” means the Secretary of the Interior or her designee.
2.23 “Settlement Agreement” means this document including all exhibits, which are incorporated by reference.
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5 2.24 “Soboba Tribe” means the Soboba Band of Luiseño Indians, a body politic and federally recognized Indian tribe, and its individual members.
2.25 “Surface Water” means all surface water flows of the River.
2.26 “Terms of Annexation” means Metropolitan Resolution No. 3940 which sets forth the terms of EMWD’s annexation to MWD.
2.27 “Tribal Water Right” means the Soboba Tribe’s rights to water set forth in Section 4.1.
2.28 “Tunnel” means that portion of the Colorado River Aqueduct known as the San Jacinto Tunnel.
2.29 “United States,” unless otherwise indicated, means the United States of America solely in its capacity as trustee on behalf of the Soboba Tribe or its members.
2.30 “Untreated Replenishment Water” means untreated water sold pursuant to the Replenishment Service program as defined by MWD’s Administrative Code at sections 4104, 4114 and 4514.
2.31 “Upper Pressure Sub-basin” means the groundwater basin as depicted on Exhibit B (map).
2.32 “WMP” means the Water Management Plan that will be developed by EMWD, LHMWD, the City of Hemet, the City of San Jacinto and other Basin users, pursuant to Section
4.8.A of this Settlement Agreement, to manage the Canyon Sub-basin, the Upper Pressure Subbasin downstream to Bridge Street, and the Hemet Basins. The principles of the Water Management Plan are attached as Exhibit E. The area covered by the Water Management Plan is depicted on Exhibit F (map) and described in Exhibit G.
ARTICLE 3 – CONDITIONS PRECEDENT AND ENFORCEMENT
3.1 This Settlement Agreement shall become enforceable, and the releases and waivers of Article 5 effective, as of the date the Secretary causes to be published in the Federal Register a statement of findings that the following conditions have been fulfilled:
A. the Act has been enacted;
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6 B. to the extent that the Settlement Agreement conflicts with the Act, the Settlement Agreement has been revised to conform with the Act;
C. the Settlement Agreement, as so revised, and the Waivers and Releases have been executed by the Parties and the Secretary;
D. warranty deeds for the property to be conveyed in fee to the Soboba Tribe pursuant to Section 4.6 have been placed in escrow with instructions that they shall be delivered to the Soboba Tribe by close of business on the first business day following the date that all of the conditions in this paragraph have been fulfilled;
E. the Soboba Tribe and the United States have approved the WMP; F. the Judgment and Decree attached to the Settlement Agreement as Exhibit H have been approved by the United States District Court, Eastern Division of the Central District of California, and that judgment and decree have become final and nonappealable; and G. the Congress of the United States has appropriated the funds and the funds have been deposited in the appropriate accounts pursuant to Sections 4.5 and 4.7.
3.2 Other than to take all necessary steps to cause the events described in this Article to occur, no Party shall be required to perform any of the obligations, or be entitled to any of the benefits, under this Settlement Agreement before all conditions precedent have been fulfilled.
After the fulfillment of all conditions precedent, the Parties shall be bound by all provisions of this Settlement Agreement.
3.3 If all of the conditions listed in Section 3.1 have not been fulfilled by December 31, 2007, this Settlement Agreement shall be null and void, and any consideration, together with any income earned thereon, shall be returned to the depositing entity.
ARTICLE 4 - TRIBAL WATER RIGHTS
4.1 Water Rights. The Parties ratify, confirm, declare to be valid and agree not to object to or dispute or challenge in any judicial or administrative proceedings the rights of the Soboba Tribe and the United States solely in its capacity as trustee for the Soboba Tribe, to the water rights set forth in this Section. In so doing, the Parties acknowledge that these rights are
14.B.
7 the result of bargained for and exchanged concessions, as a result of which the Local Districts have agreed to supply water to the Soboba Tribe if it is unable, except for mechanical failure of its wells, pumps or water facilities, to produce the water to which it is entitled under this Article.
Therefore, the Soboba Tribe shall have the following water rights which shall be held in trust by the United States for the benefit of the Soboba Tribe:
A. The prior and paramount right, superior to all others, to pump 9,000 AFA from the Basin for any use on the Reservation and lands now owned or hereafter acquired by the Soboba Tribe contiguous to the Reservation or within the Basin.
B. The Soboba Tribe’s right to pump a total of 9,000 AFA from the Basin is without regard to whether the water was naturally or artificially recharged.
C. In the event the Soboba Tribe is unable, except for mechanical failure of its wells, pumps or water facilities, to produce from its existing wells or equivalent replacements up to 3,000 AFA production from the Canyon Sub-basin and the remainder of its Tribal Water Right from the Intake Sub-basin, subject to Section 4.3.A, the Local Districts shall deliver any shortage to the Soboba Tribe. Any shortage shall be delivered at such locations as the Soboba Tribe and the Local Districts may agree, or if there is no agreement, at the wellheads where the shortage occurred. Such water may be supplied from Local District wells in either the Canyon or Intake Sub-basins, or from other sources. For any water delivered pursuant to this paragraph, the Soboba Tribe shall pay an acre-foot charge equal to its then current cost of production, and any avoided cost of treatment, from the wells where the shortage occurred, assuming pumping lifts equal to the Soboba Tribe ’s averages in the respective Sub-basins over the preceding ten years.
4.2 Water Quality. Recharged water placed in the Canyon Sub-basin by Local Districts and/or the WMP and any replacement water delivered to the Soboba Tribe pursuant to Section 4.3.C shall conform to all applicable State water quality regulations and, without prior written approval from the Soboba Tribe, shall neither exceed (1) any Federal or State of California primary or secondary drinking water standards (except with respect to recharged water, turbidity, color, or coliform bacteria) nor (2) 0.3 milligrams per liter (mg/l) boron or 0.05
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8 mg/l lithium. Recharged water placed in the Intake Sub-basin by EMWD, LHMWD, and/or the WMP shall conform to all applicable State water quality regulations. Nothing in this paragraph shall affect the water quality obligations assumed by Metropolitan for Imported Water set forth in Section 4.4.
4.3 Soboba Tribe’s Water Use. Beginning on the Effective Date, the Soboba Tribe’s right to pump groundwater in the exercise of its Tribal Water Right shall be subject to the following provisions:
A. The Soboba Tribe agrees to limit its exercise of the Tribal Water Right to 4,100 AFA for a period of fifty (50) years commencing with the Effective Date, according to the schedule set forth in Exhibit I to this Settlement Agreement. Should the Soboba Tribe during that period identify a need for water in addition to the Schedule set forth in Exhibit J, the Soboba Tribe shall have the right to purchase water from the WMP at the rate then being charged to the WMP’s municipal producers.
B. Any use of the Tribal Water Right by an individual member of the Soboba Tribe shall be satisfied out of the water resources provided to the Soboba Tribe in this Settlement Agreement.
C. In addition to the limitation in Section 4.3.A, the Soboba Tribe may enter into contracts and options to lease, contracts and options to exchange, or contracts and options to forbear the use of the Tribal Water Right or postpone undertaking new or expanded water uses, provided that any such contract or option for a term greater than five years shall require the approval of the Secretary. Any such water thereby made available to others shall only be used by participants in, or other users within the area of, the WMP. No contract shall be for a term exceeding one hundred (100) years, nor shall any contract provide for permanent alienation of any portion of the Tribal Water Right.
4.4 Purchase of Imported Water [see definition of Imported Water in Section 2.13 of this Settlement Agreement]. In order to provide water to the Soboba Tribe and to reduce the overdraft of the Basin, EMWD and MWD agree to enter into a contract pursuant to which MWD
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9 will sell and EMWD on behalf of the WMP will purchase the Imported Water under the following terms:
A. Price. The Imported Water will be sold by MWD to EMWD at the then prevailing service rate charged by MWD for Untreated Replenishment Water, which rate is reflected in MWD’s Administrative Code at section 4401(a)(2). As of the date this Settlement Agreement is signed by MWD, the service rate for such water is $233 per acre foot. Changes in the rates charged for Imported Water shall be effective the same date that the new rates for Untreated Replenishment Water become applicable to MWD’s member agencies. Should MWD ever discontinue the delivery of Untreated Replenishment Water, the service rate for water supplied pursuant to this contract shall initially be determined by taking the last published service rate for Untreated Replenishment Water and charged to EMWD under this contract. Thereafter, the rate for Imported Water would continue to be adjusted on the same percentage basis as MWD’s service rate for the non-interruptible untreated water deliveries to its member agencies, which adjustments shall become effective on the same date that the new service rates become applicable to MWD’s member agencies.
B. Use. For purposes of the Imported Water only, MWD releases EMWD from all covenants that now, or may in the future, require that water purchased at the service rate for Untreated Replenishment Water be left in the ground or otherwise not used for any period of time.
C. Duration. The contract shall commence upon the Effective Date and will expire on December 31, 2035. EMWD and MWD agree to negotiate in good faith a possible extension of this water sale contract for an additional period which, when added to the original term expiring on December 31, 2035, would provide for a total term of 50 years. In determining whether or not to extend the term of this contract for this additional period, MWD will consider the current status of its replenishment water program, the status of MWD’s State Water Project contract, the implementation of this Settlement Agreement, and any other information that MWD deems relevant to the possible extension of the water sale contract. Nothing in this paragraph
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10 shall be construed to require MWD to extend the water sale contact.
D. Water Quality. Water sold by MWD pursuant to this contract shall be of a quality that is consistent with MWD’s operational and water quality goals. MWD agrees to make Best Efforts to meet water quality objectives set by the Santa Ana Regional Water Quality Control Board for recharged water being put into the Basin. MWD takes no risks associated with any discrepancy between the water quality obligations assumed by MWD pursuant to this paragraph and water quality standards applicable to recharged water set by the Santa Ana Regional Water Quality Control Board or other regulatory body.
E. Deliveries. Deliveries under this contract shall not begin until the Effective Date.
Once deliveries are commenced, MWD shall use Best Efforts to deliver 7,500 AFA for the duration of the contract based upon 15-year averages. Annual deliveries shall be calculated on a January 1 to December 31 calendar year and shall be pro rated for any portion of a year during which the contract is in force. MWD reserves the right to deliver water at any time of the year.
MWD shall give EMWD advance notice of Imported Water deliveries as provided for in MWD’s then current Administrative Code and implementing guidelines for replenishment water deliveries, which presently is reflected in section 4514(c) of MWD’s Administrative Code.
F. Point of Delivery. Deliveries shall be made by MWD to EMWD at the connection known as EM-14 or, upon mutual agreement of MWD and EMWD, at one or more additional existing or future connections. The Parties acknowledge that the suspension or termination of deliveries to EM-14 may, at any time, as determined by MWD’s Chief Executive Officer, be required to meet MWD’s operational needs. If deliveries to this location are suspended or terminated, then EMWD and MWD agree to negotiate in good faith to identify an alternative delivery point or points and, if MWD and EMWD are unable to reach agreement, the dispute shall be resolved by the Decree Court.
G. Recharge Facilities. The Local Districts, through the WMP, shall construct, operate, and maintain facilities for artificial Groundwater recharge and banking of the Imported Water. Said facilities shall be sufficient to accommodate a flow rate of 42 cubic feet per second
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11 and to store up to 40,000 acre feet of Imported Water in the Basin. MWD shall have a paramount right to use capacity in the Recharge Facilities sufficient to accommodate a flow rate of 42 cubic feet per second and a paramount right to store up to 40,000 acre feet of Imported Water to meet its obligations under this Settlement Agreement, provided that MWD’s sole remedy if the required storage capacity is not made available is to reduce its obligation by the amount of water that it was prepared but unable to deliver due to the lack of storage capacity. MWD’s obligations under this Section 4.4 shall not arise until the Recharge Facilities are capable of meeting the capacity and storage requirements set forth in this paragraph.
H. Postponed Deliveries. EMWD shall have the right to postpone deliveries during periods when the Recharge Facilities are not capable of meeting the capacity and storage requirements set forth in Section 4.4.G, provided that each of the following four conditions are met: (i) the inability to meet capacity and storage requirements is the result of events beyond the control of the Local Districts and/or the WMP; (ii) the inability to meet capacity and storage requirements is not the result of negligence on the part of the Local Districts and/or the WMP; (iii) the inability to meet capacity and storage requirements is not the result of water quality limitations that are more restrictive than those established pursuant to Section 4.4.D, and (iv) that the Local Districts use Best Efforts to make necessary repairs and/or take other actions necessary to make the Recharge Facilities fully operational.
(1) If the conditions for postponed deliveries are met as required herein, MWD shall make up such deferred deliveries at a later time, to the extent that MWD has Untreated Replenishment Water available.
(2) If the conditions for postponed deliveries are not met as required herein, then MWD’s obligation to deliver water shall be reduced by the amount of water that MWD was prepared to deliver, subject to the 42 cubic feet per second maximum flow rate, and the existence of unused storage capacity up to the 40,000 acre-foot maximum.
I. Pre-Deliveries. MWD shall have complete discretion concerning use of the 40,000 acre feet of storage capacity for the pre-delivery of Imported Water, including the right
14.B.
12 not to use such capacity. As such, MWD makes no commitments to pre-deliver any amount of Imported Water.
4.5 Funding for Infrastructure. In accordance with the Act, the United States shall establish in the Treasury of the United States a fund in the amount of $10,000,000, managed by the Secretary of the Interior, which may be drawn upon by EMWD to pay or reimburse costs associated with constructing, operating, and maintaining that portion of the Recharge Facilities necessary to accommodate deliveries of the Imported Water.
4.6 Land Transfer.
A. EMWD Property. In settlement of the Action, EMWD shall place into escrow a warranty deed conveying to the Soboba Tribe in fee all of the property presently owned by EMWD at Domenigoni Parkway and Highway 79, consisting of approximately 106 acres which is described and illustrated in Exhibit J to this Settlement Agreement. The escrow instructions shall provide that the warranty deed shall be delivered to the Soboba Tribe by close of business on the first business day following the Effective Date.
B. MWD Property. In settlement of the Action, MWD shall place into escrow a warranty deed conveying to the Soboba Tribe in fee property presently owned by MWD at Domenigoni Parkway and Patterson Avenue, consisting of approximately 21.7 acres which is described and illustrated in Exhibit K to this Settlement Agreement. The escrow instructions shall provide that the warranty deed shall be delivered to the Soboba Tribe by close of business on the first business day following the Effective Date.
C. The Secretary shall accept into trust for the benefit of the Tribe the lands conveyed to the Tribe pursuant to this Section.
D. Use of Property. Management and development by the Soboba Tribe of the lands transferred by this paragraph shall comply with all applicable Federal law. Any regulation by the Soboba Tribe of the environment on, under or above such lands that impacts MWD’s operations, including but not limited to its operations related to Diamond Valley Reservoir, shall be consistent with, and no more stringent than, comparable regulation by the United States and the
14.B.
13 State of California.
4.7 Development Funds.
A. Local Districts. No later than 120 days after the Effective Date and before any funds are released to the Local Districts under Section 4.5, the Local Districts shall pay to the Soboba Tribe the sum of $17,000,000 plus interest at the average daily prime rate (as reported by the Wall Street Journal) plus two and one-quarter percent (2.25%) per annum from the Effective Date until paid. These funds are determined to be non-trust funds and shall be managed by the Soboba Tribe in its sole discretion. The United States shall have no responsibility with respect to the funds provided to the Soboba Tribe pursuant to this paragraph.
B. United States. In accordance with the Act, the United States shall establish in the Treasury of the United States a trust fund in the amount of $11,000,000, managed by the Secretary of the Interior in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) and this Settlement Agreement. There shall be no expenditures from the trust fund until the conditions in Section 3.1 are fulfilled. (1) Investment of the Fund. The Secretary shall invest amounts in this fund in accordance with the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 161), the first section of the Act of June 24, 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a), and this paragraph. (2) Fund Uses. This fund may be drawn upon by the Soboba Tribe with the approval of the Secretary to pay or reimburse costs associated with constructing, operating, and maintaining water and sewage infrastructure or other water-related development projects.
4.8 Other Terms.
A. The Local Districts, with the cooperation of other Groundwater producers in the Basin, shall develop and implement a WMP for the Basin that will address the current Basin overdraft, and recognize and take into account the Tribal Water Right. The WMP shall not be final or deemed effective for the purposes of this Settlement until it is approved by the Soboba Tribe and the United States. No implementation or subsequent modification of the WMP shall threaten or adversely affect the rights of the Soboba Tribe hereunder, and the Soboba Tribe and
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14 the United States reserve the right under the continuing jurisdiction of the Decree Court to litigate any such issue.
B. EMWD will credit to the Soboba Tribe the sum of $1,000,000 to be deducted from the cost of water and sewage financial participation fees (connection fees) and similar fees charged by EMWD for any property owned by the Soboba Tribe within EMWD’s then existing service area for which service is sought pursuant to an agreement for service between the Soboba Tribe and EMWD. The Soboba Tribe and EMWD agree to negotiate in good faith concerning any future agreement for service which shall be funded in whole or in part by the credit established pursuant to this paragraph.
C. LHMWD will make available for habitat preservation and/or environmental mitigation purposes property it owns in the San Jacinto River bed, consisting of approximately 12 acres which is described and illustrated in Exhibit L to this Settlement Agreement. This property shall be used for habitat preservation and/or environmental mitigation to assist in meeting the requirements of applicable Federal and State environmental laws relating to the Recharge Facilities.
D. In consideration for the benefits received under this Settlement Agreement, the Soboba Tribe shall make available, without transfer of title, up to 98 acres of land for habitat preservation and/or environmental mitigation to assist in meeting the requirements of applicable Federal and State environmental laws relating to the Recharge Facilities. The area from which the Soboba Tribe, in consultation with the United States Fish and Wildlife Service, will select the land to be used for these purposes is described and illustrated in Exhibit M of this Settlement Agreement.
E. The Soboba Tribe agrees to provide the Local Districts with all information reasonably available to the Soboba Tribe that the Local Districts and the Soboba Tribe agree is required to implement this Settlement Agreement and the WMP.
F. MWD shall not be joined in any legal proceeding to enforce the Tribal Water Right described in Sections 4.1 through 4.3 or which concerns the duties and obligations
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15 reflected at Section 4.8, paragraphs A through E, unless said proceeding relates to MWD’s failure to perform its obligations to deliver water set forth in Section 4.4.
ARTICLE 5 - RELEASES AND WAIVERS
5.1 Soboba Tribe
A. The Soboba Tribe, on behalf of itself and its members, and the United States solely in its capacity as trustee for the Tribe releases EMWD, LHMWD, and MWD for:
(1) All past, present and future claims to Surface and Groundwater rights for the Reservation, from time immemorial through the Effective Date and anytime thereafter; (2) All past, present and future claims for injury of any kind, whether to person, property, or other right or interest, arising from, or in any way related to, interference with Surface and Groundwater rights and resources of the Reservation, including, but not limited to, all claims for injury to the Soboba Tribe’s use and enjoyment of the Reservation, economic development, religion, language, social structure and culture, and injury to the natural resources of the Reservation, from time immemorial through the Effective Date; (3) All past, present and future claims for injury of any kind, whether to person, property, or other right or interest, arising from, or in any way related to, continuing interference with Surface and Groundwater rights and resources of the Reservation, including the full scope of claims defined in Section 5.1.A(2), to the extent that such continuing interference began prior to the Effective Date, from time immemorial through the Effective Date and anytime thereafter; (4) All past, present and future claims for injury of any kind, whether to person, property, or other right or interest, arising from, or in any way related to, seepage of water into the Tunnel, including the full scope of claims defined in Section 5.1.A(2), from time immemorial through the Effective Date and anytime thereafter.
B. The Soboba Tribe, on behalf of itself and its members, releases the United States for:
(1) All claims described in Section 5.1.A(1)-(4);
(2) All past, present and future claims for failure to acquire or develop water rights
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16 and resources of the Reservation from time immemorial through the Effective Date and anytime thereafter;
(3) All past, present and future claims for failure to protect water rights and resources of the Reservation from time immemorial through the Effective Date, and any past, present and future claims for any continuing failure to protect water rights and resources of the Reservation, from time immemorial through the Effective Date and, to the extent that such continuing failure to protect began before the Effective Date, anytime thereafter; (4) All past, present and future claims arising from the failure of any non-federal Party to fulfill the terms of this Settlement Agreement at anytime. (5) All past, present, and future claims arising out of the negotiation of this Settlement Agreement or the negotiation and enactment of the Act, or any specific terms or provisions thereof, including but not limited to the Soboba Tribe’s consent to limit the number of participant parties to this Settlement Agreement.
C. The Soboba Tribe, on behalf of itself and its members, expressly preserves as against all Parties all rights and remedies relating to:
(1) The enforcement of this Settlement Agreement;
(2) The infringement of any water rights arising under Federal or State law which may be appurtenant to property, other than the Reservation, that is now owned or hereafter acquired by the Soboba Tribe, excepting claims identified in Section 5.1.A(4), which relate to Tunnel seepage, and any challenge to approved portions of the WMP.
D. The Soboba Tribe agrees to defend, indemnify, and hold harmless EMWD, LHMWD, MWD, and the United States for any claim seeking damages or other form of relief based upon the rights released by the Soboba Tribe in Section 5.1.A and B, and all of their respective subparts.
5.2 EMWD
A. EMWD shall release LHMWD, MWD, the Soboba Tribe, and the United States from:
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17 (1) All past and present claims arising from or in any way related to the claims released by the Soboba Tribe and the United States solely in its capacity as trustee for the Soboba Tribe in Section 5.1, A and B, and all of their respective subparts; and (2) All past and present claims arising from, or in any way related to, interference with EMWD’s Surface and Groundwater rights under Federal or State law from time immemorial through the Effective Date, including, but not limited to, all rights originally belonging to EMWD’s predecessors and/or otherwise acquired by EMWD prior to the Effective Date .
B. Notwithstanding the dispute between EMWD and MWD over the scope of EMWD’s defense and indemnity obligations reflected in Section 8 of Resolution 3940 (the Terms of Annexation) or the language of Section 8, EMWD shall defend and indemnify MWD against all demands, claims, suits, or other administrative or legal proceedings arising from, or in anyway connected to, the infiltration of water into the Tunnel. This obligation shall apply irrespective of when the claim arose or the alleged infringement, harm, or injury occurred.
C. EMWD expressly preserves all rights and remedies relating to:
(1) As against all Parties, the enforcement of this Settlement Agreement; (2) As against all Parties, the infringement of any water rights arising under State law acquired in the future by EMWD; and
(3) As against MWD, the Terms of Annexation, except as expressly agreed to in Section 5.2.B.
5.3 LHMWD
A. LHMWD shall release EMWD, MWD, the Soboba Tribe, and the United States from:
(1) All past and present claims arising from or in any way related to the claims released by the Soboba Tribe and the United States solely in its capacity as trustee for the Soboba Tribe in Section 5.1.A and B, and all of their respective subparts; and (2) All past and present claims arising from, or in any way related to, interference
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18 with LHMWD’s Surface and Groundwater rights under Federal or State law from time immemorial through Effective Date.
B. LHMWD expressly preserves all rights and remedies relating to:
(1) As against all Parties, the enforcement of th is Settlement Agreement; and (2) As against all Parties, the infringement of any water rights arising under State law acquired in the future by LHMWD.
5.4 MWD
A. MWD shall release EMWD, LHMWD, the Soboba Tribe, and the United States from:
(1) All past and present claims arising from or in any way related to the claims released by the Soboba Tribe and the United States solely in its capacity as trustee for the Soboba Tribe in Section 5.1.A and B, and all of their respective subparts; and (2) All past and present claims arising from, or in any way related to, interference with MWD’s Surface and Groundwater rights under Federal or State law from time immemorial through the Effective Date .
B. MWD expressly preserves all rights and remedies relating to:
(1) As against all Parties, the enforcement of this Settlement Agreement; (2) As against all Parties, the infringement of any water rights arising under State law acquired in the future by MWD; and
(3) As against EMWD, the Terms of Annexation, except as expressly agreed to in Section 5.2.B.
5.5 All Parties Release of Unknown Claims.
A. Each Party acknowledges and agrees that certain of the releases reflected in Sections 5.1 through 5.5 apply to all claims whether known or unknown to the releasing Party.
B. Each Party certifies that it has read the following provisions of California Civil Code Section 1542:
“A general release does not extend to claims which the creditor does not know or suspect
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19 to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
C. Each Party waives the application of California Civil Code Section 1542. In doing so, each Party acknowledges that it is consciously releasing claims that may exist as of the date of this release but which it does not know exist, and which, if known, would materially affect its decision to execute this Settlement Agreement, regardless of whether the Parties’ lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
5.6 Waiver of Sovereign Immunity. If any Party to this Settlement Agreement brings an action or other proceeding in any court of the United States relating only and directly to the interpretation or enforcement of the Act or the Settlement Agreement and names the United States or the Soboba Tribe as a party, the United States, the Tribe, or both, may be joined in any such action, and any claim by the United States or the Tribe to sovereign immunity from the action is waived, other than with respect to claims for monetary awards, for the limited and sole purpose of such interpretation or enforcement.
ARTICLE 6- ADMINISTRATION AND OTHER CONSIDERATIONS
6.1 Disclaimer. Nothing in this Settlement Agreement shall be construed as establishing any standard to be used for the quantification of Federal reserved rights, aboriginal claims, or any other Indian claims to water or lands in any judicial or administrative forum or proceeding. Nothing in this Settlement Agreement shall be construed to quantify or otherwise affect the water rights, claims or entitlements to water of any California tribe, band or community other than the Soboba Tribe.
6.2 Evidentiary Effect of Negotiations. This Settlement Agreement has been arrived at in the process of good faith negotiation for the purpose of resolving legal disputes, including pending litigation, and all Parties agree that no conduct, statements, offers, or compromises made in the course thereof shall be construed as admissions against interest or be used in any legal forum or proceeding other than one for approval, confirmation, interpretation, or enforcement of this Settlement Agreement.
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20 6.3 Authorship. The Parties agree that this Settlement Agreement reflects the joint drafting efforts of all Parties. In the event that any dispute, disagreement, or controversy arises regarding this Settlement Agreement, the Parties shall be considered joint authors and no provision shall be interpreted against any Party because of authorship.
6.4 Authorization to Execute. Each Party represents and warrants that she or he is authorized to execute this Settlement Agreement on behalf of the respective Parties to this Settlement Agreement and does so freely and voluntarily.
6.5 Effect of Execution by the Districts. Execution of this Settlement Agreement by the Districts signifies that provisions of this Settlement Agreement affecting the Districts have been approved by their respective Boards of Directors, and these agencies assume the obligations of and are entitled to the benefits of this Settlement Agreement.
6.6 No Inducements. Each Party acknowledges and represents that in executing this Settlement Agreement it has not relied upon any inducements, promises, or representations made by the other Parties which are not reflected in this Settlement Agreement.
6.7 Advice of Counsel. Each Party warrants and represents that, in executing this Settlement Agreement, it has relied upon legal advice from counsel of its choice; that the terms of this Settlement Agreement have been read and its consequences have been completely explained to it by counsel; and that it fully understands the terms of this Settlement Agreement.
6.8 Contingent on Appropriation of Funds. The expenditure or advance of any money or the performance of any obligation by the United States under this Settlement Agreement is contingent upon appropriation of funds therefor. If funds are not appropriated, the United States shall accrue no liability.
6.9 Officials Not to Benefit. No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this Settlement Agreement or to any benefit that may arise from this Settlement Agreement. This restriction shall not be construed to extend to this Settlement Agreement if made with a corporation or company for its general benefit.
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21 6.10 Counterparts. This Settlement Agreement may be signed in counterparts by one or more of the Parties, and those counterparts, when taken together, shall have the same force and effect as if a single, original document had been signed by all the Parties.
6.11 Jurisdiction. The Decree Court retains jurisdiction over the Judgment and Decree and the Settlement Agreement.
6.12 Governing Law. This Settlement Agreement shall be construed in accordance with Federal laws and where appropriate the laws of the State of California.
6.13 Successors and Assigns. This Settlement Agreement and the attached waivers and agreements shall, unless otherwise indicated, be binding on and inure to the benefit of the Parties, and their respective successors and assigns.
6.14 Integration. This Settlement Agreement incorporates all the exhibits and sets forth the entire agreement of the Parties with respect to the subject matter hereof, with the exception that EMWD and MWD have resolved certain rights and obligations by way of a Partial Settlement Agreement dated November 14, 2001 which shall remain binding on those two Parties only. This Settlement Agreement may be amended only by written agreement executed by the Parties.
ARTICLE 7- NOTICE AND SIGNATURES
7.1 Notices. Any notice or other communication given under this Settlement Agreement must be in writing and delivered by overnight courier service or certified mail, return receipt requested, postage prepaid and properly addressed to the Parties at the addresses listed below (or to any other or further addresses the Parties may subsequently designate by notice in this manner). All these notices and communication shall be effective when delivery to the required recipient is completed in accordance with this paragraph:
To the Soboba Tribe: Chairperson
Soboba Band of Luiseño Indians
P.O. Box 487
San Jacinto, CA 92581
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22 To the United States of America: Asst. Secretary for Indian Affairs U.S. Department of the Interior
1849 C St. NW 4104 MIB
Washington, DC 20240-0001
Chief, U.S. Dept. of Justice
Indian Resources Section
P.O. Box 44378
L’Enfant Plaza Station Washington, DC 20026-4378
cc: Regional Director
Bureau of Indian Affairs
Pacific Region
2800 Cottage Way
Sacramento, CA 95825
To EMWD: General Manager
Eastern Municipal Water District
P.O. Box 8300
Perris, CA 92572-8300
To LHMWD: General Manager
Lake Hemet Municipal Water District
2480 East Florida Avenue
P.O. Box 5039
Hemet, CA 92544
To MWD: Chief Executive Officer
Metropolitan Water District of Southern California
P.O. Box 54153
Los Angeles, California 90054-0153
General Counsel
Metropolitan Water District of Southern California
P.O. Box 54153
Los Angeles, California 90054-0153
IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement on the day and year written below.
Date: ___________ By:
Robert J. Salgado Sr., Chairman
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23 THE UNITED STATES OF AMERICA
Date: ___________ By:
DISTRICT
Date: ___________ By:
DISTRICT
Date: ___________ By:
Joseph D. Van Sickle, President
SOUTHERN CALIFORNIA
Date ___________ By:
nager
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24 EXHIBITS TO SETTLEMENT AGREEMENT
A.Settlement Soboba Act
B. Map of the Basin and San Jacinto River
C. Description of the Basin
D. Map of the Soboba Reservation
EWater Principles for Management
F. Map of the Water Management Plan Area
G. Description of the Water Management Plan Area
H. Judgment Decree and
I. Soboba Tribe ’s Water Development Schedule
J. Description of EMWD Property
K. Description of MWD Property
L. Description of LHMWD Property
M. Map of Potential Soboba Reservation Lands for Habitat Preservation and/or Environmental Mitigation
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Exhibit A – Soboba Settlement Act
SEC. 1. SHORT TITLE.
This Act may be cited as the ‘Soboba Band of Luiseño Indians Settlement Act’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.– The Congress finds the following–
(1) The Soboba Band of Luiseño Indians is a federally-recognized Indian tribe whose Reservation of approximately 6,000 acres, extending east and north from the banks of San Jacinto River in Riverside County, California, was created by an Executive Order of June 19, 1883, and enlarged and modified by subsequent Executive Orders, purchases, and an Act of Congress.
(2) The Tribe’s water rights have not been quantified, and the Tribe has longstanding unresolved claims for interferences with the water resources of its Reservation, which the Tribe maintains have rendered much of the Tribe’s Reservation useless for habitation, livestock, or agriculture. On April 20, 2000, the Tribe filed a lawsuit against The Metropolitan Water District of Southern California for interference with the Tribe’s water resources and damages to its Reservation allegedly caused by Metropolitan’s construction and operation of the San Jacinto Tunnel, which is part of the Colorado River Aqueduct. The lawsuit, styled Soboba Band of Luiseño Indians v. Metropolitan Water District of Southern California, No. 00-04208 GAF (MANx), is pending in the United States District Court for the Central District of California.
(3) The Tribe also has made claims against Eastern Municipal Water District and Lake Hemet Municipal Water District, located adjacent to the Reservation, seeking to secure its water rights and damages arising from alleged past interference with the Tribe’s water resources.
(4) Recognizing that the final resolution of its water rights and claims through litigation will take many years and entail great expense to all parties, continue to limit the Tribe's access to water with economic, social, and cultural consequences to the Tribe, prolong uncertainty as to the availability of water supplies, and seriously impair the long-term economic planning and development of all parties, the Tribe and non-Indian entities have sought to settle their water-related disputes and reduce the burdens of litigation.
(5) After negotiations, which included participation by representatives of the Tribe, the United States, The Metropolitan Water District of Southern California, Eastern Municipal Water District, and Lake Hemet Municipal Water District, the parties have entered into a Settlement Agreement to determine the Tribe’s water rights, resolve all of its claims for interference with the water resources of, and damages to, its Reservation, and provide for the construction of water projects to facilitate the exercise of the Tribe's rights.
(6) Pursuant to the Settlement Agreement, Eastern Municipal Water District and Lake Hemet Municipal Water District acknowledge and assure the Tribe’s prior and paramount right, superior to all others, to pump 9,000 acre-feet of water annually from the San Jacinto River basin. To provide water to the Tribe and to
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reduce the overdraft of the basin, the two water districts and The Metropolitan Water District of Southern California will contract to import and recharge supplemental water supplies into the basin. The water districts also will make substantial additional contributions to the settlement, including the conveyance of certain replacement lands and economic development funds to the Tribe, to carry out the Settlement Agreement's provisions.
(7) It is appropriate that the United States participate in the implementation of the Settlement Agreement, and contribute funds to enable the Tribe to use its water entitlement in developing its Reservation, and to assist the neighboring nonIndian entities in the construction, operation, and maintenance of the facilities required to recharge the imported water.
(b) PURPOSES.– The purposes of this Act are–
(1) to approve, ratify, and confirm the Settlement Agreement entered into by the Tribe and non-Indians entities;
(2) to authorize and direct the Secretary of the Interior to execute and perform the Settlement Agreement and related waivers;
(3) to authorize the actions, agreements, and appropriations as provided in the Settlement Agreement and this Act.
SEC. 3. DEFINITIONS.
In this Act–
(1) RESTORATION FUND.– The term ‘Restoration Fund’ means the San Jacinto Basin Restoration Fund established by section 6 of this Act. (2) DEVELOPMENT FUND.– The term ‘Development Fund’ means the Soboba Band of Luiseño Indians Water Development Fund established by section 7 of this Act.
(3) RESERVATION.– The term ‘Reservation’ means the Soboba Indian Reservation created by an Executive Order dated June 19, 1883, and enlarged and modified by subsequent Executive Orders, purchases, and an Act of Congress, excluding the 950 acres northwest of and contiguous to the Reservation known as the “Jones Ranch,” purchased by the Soboba Tribe in fee on July 21, 2001, and placed into trust on January 13, 2003, the 129.19 acres southeast of and contiguous to the Reservation known as the “Horseshoe Properties,” purchased by the Soboba Tribe in fee in four separate transactions in June and December 2001, and the 478 acres north of and contiguous to the Reservation known as “Kwiili,” purchased by the Soboba Tribe in fee on April 4, 2004.
(4) SECRETARY.– The term ‘Secretary’ means the Secretary of the Interior or her designee.
(5) SETTLEMENT AGREEMENT.– The term ‘Settlement Agreement’ means that agreement dated __________, 2004, together with all exhibits thereto. The parties to the Settlement Agreement are the Soboba Band of Luiseño Indians and its members, the United States on behalf of the Tribe and its members, The 2
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Metropolitan Water District of Southern California, Eastern Municipal Water District, and Lake Hemet Municipal Water District.
(6) TRIBE, SOBOBA TRIBE, or SOBOBA BAND OF LUISEÑO INDIANS.– The terms ‘Tribe’, ‘Soboba Tribe’, or ‘Soboba Band of Luiseño Indians’ means the body politic and federally recognized Indian tribe, and its members. (7) WATER MANAGEMENT PLAN.– The term ‘Water Management Plan’ means the plan, approved by the Soboba Tribe and the Secretary, developed pursuant to Section 4.8, paragraph A of the Settlement Agreement to resolve the overdraft of the San Jacinto basin.
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT; AUTHORIZATION. (a) IN GENERAL.– The United States hereby approves, ratifies, and confirms the Settlement Agreement, except to the extent it conflicts with the provisions of this Act, and consents to be made a party to the pending action described in section 2, paragraph (a)(2) of this Act for the purpose of entering the judgment and decree attached to the Settlement Agreement as Exhibit H.
(b) AUTHORIZATION.– The Secretary is authorized and directed to execute, and take such other actions as are necessary to implement, the Settlement Agreement and any amendments approved by the parties necessary to make the Settlement Agreement consistent with this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) RESTORATION FUND.– There is authorized to be appropriated to the San Jacinto Basin Restoration Fund established in section 6 of this Act the amount of $10,000,000 to pay or reimburse costs associated with constructing, operating, and maintaining the portion of the basin recharge project, described in Section 4.5 of the Settlement Agreement, necessary to accommodate deliveries of the supplemental imported water under Section 4.4 of the Settlement Agreement.
(b) DEVELOPMENT FUND.– There is authorized to be appropriated to the Soboba Band of Luiseño Indians Water Development Fund established in section 7 of this Act the amount of $11,000,000 to pay or reimburse costs associated with constructing, operating, and maintaining water and sewage infrastructure, and other water-related development projects.
SEC. 6. RESTORATION FUND.
(a) ESTABLISHMENT.– There shall be established within the Treasury of the United States a non-interest bearing account to be known as the ‘San Jacinto Basin Restoration Fund’, consisting of the amounts authorized to be appropriated in section 5, paragraph (a) of this Act.
(b) ADMINISTRATION.– The Restoration Fund shall be administered by the Secretary for the purposes set forth in paragraph (d) of this section. 3
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(c) AVAILABILITY.– The funds authorized to be appropriated pursuant to section 5, paragraph (a) of this Act shall be available for expenditure or withdrawal only after the requirements set forth in section 9(e) of this Act and paragraph (d) of this section have been met.
(d) EXPENDITURES AND WITHDRAWALS.–
(1) EXPENDITURE PLAN.–
(A)IN GENERAL.– Eastern Municipal Water District, on behalf of the Water Management Plan, shall submit to the Secretary for approval an expenditure plan for use of the Restoration Fund.
(B)REQUIREMENTS.– The expenditure plan shall require that any funds be expended or reimbursed in accordance with the purposes described in section 5, paragraph (a) of this Act.
(C)APPROVAL.– The Secretary shall approve the expenditure plan if it is reasonable and not inconsistent with this Act.
(2) WITHDRAWALS.– On approval by the Secretary of the expenditure plan described in this section, Eastern Municipal Water District, on behalf of the Water Management Plan, may withdraw monies from the Restoration Fund as provided in the plan.
(3) ENFORCEMENT.– The Secretary may take judicial or administrative action to enforce the provisions of any expenditure plan to ensure that monies withdrawn from the Restoration Fund under the plan are used in accordance with this Act. (4) LIABILITY.– If Eastern Municipal Water District, on behalf of the Water Management Plan, exercises the right to withdraw monies from the Restoration Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the monies withdrawn. (5) ANNUAL REPORT.– Eastern Municipal Water District shall submit to the Tribe and the Secretary an annual report that describes all expenditures from the Restoration Fund during the year covered by the report.
SEC. 7. DEVELOPMENT FUND.
(a) ESTABLISHMENT.– There shall be established within the Treasury of the United States an interest bearing account to be known as the ‘Soboba Band of Luiseño Indians Water Development Fund’, to be managed and invested by the Secretary, consisting of the amounts authorized to be appropriated in section 5, paragraph (b) of this Act. (b) MANAGEMENT.– The Secretary shall manage the Development Fund, make investments, and make monies available for distribution consistent with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) (referred to in this section as the ‘Trust Fund Reform Act’), this Act, and the Settlement Agreement. (c) INVESTMENT.– The Secretary shall invest amounts in the Development Fund in accordance with–
(1) the Act of April 1, 1880 (21 Stat. 70, ch. 41, 25 U.S.C. 161); 4
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(2) the first section of the Act of June 24, 1938 (52 Stat. 1037, ch. 648, 25 U.S.C. 162a); and
(3) paragraph (b) of this section.
(d) AVAILABILITY.– The funds authorized to be appropriated pursuant to section 5, paragraph (b) of this Act shall be available for expenditure or withdrawal only after the requirements set forth in section 9(e) of this Act and paragraph (e) below have been met. (e) EXPENDITURES AND WITHDRAWALS.–
(1) TRIBAL MANAGEMENT PLAN.–
(A)IN GENERAL.– The Tribe may withdraw all or part of the Development Fund on approval by the Secretary of a tribal management plan as described in the Trust Fund Reform Act.
(B)REQUIREMENTS.– In addition to the requirements under the Trust Fund Reform Act, the tribal management plan shall require that any funds be expended or reimbursed in accordance with the purposes described in section 5, paragraph (b) of this Act.
(2) ENFORCEMENT.– The Secretary may take judicial or administrative action to enforce the provisions of any tribal management plan to ensure that monies withdrawn from the Development Fund under the plan are used in accordance with this Act.
(3) LIABILITY.– If the Tribe exercises the right to withdraw monies from the Development Fund, neither the Secretary nor the Secretary of the Treasury shall retain any liability for the expenditure or investment of the monies withdrawn. (4) ANNUAL REPORT.– The Tribe shall submit to the Secretary an annual report that describes all expenditures from the Development Fund during the year covered by the report.
(5) NO PER CAPITA DISTRIBUTIONS.– No part of the Development Fund shall be distributed on a per capita basis to members of the Tribe.
SEC. 8. WAIVERS AND RELEASES.
(a) TRIBE AND UNITED STATES AUTHORIZATION.– The Tribe, on behalf of itself and its members, and the Secretary, on behalf of the United States in its capacity as trustee for the Tribe and its members, are authorized, as part of the performance of their obligations under the Settlement Agreement, to execute a waiver and release for claims under Federal, State, or other law against The Metropolitan Water District of Southern California, Eastern Municipal Water District and Lake Hemet Municipal Water District, for any and all–
(1) past, present, and future claims to surface and groundwater rights for the Reservation from time immemorial through the effective date described in section 10 of this Act and anytime thereafter;
(2) past, present, and future claims for injury of any kind, whether to person, property, or other right or interest, arising from, or in any way related to, 5
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interference with surface and groundwater rights and resources of the Reservation, including, but not limited to, all claims for injury to the Tribe’s use and enjoyment of the Reservation, economic development, religion, language, social structure and culture, and injury to the natural resources of the Reservation, from time immemorial through the effective date described in section 10 of this Act;
(3) past, present, and future claims for injury of any kind, whether to person, property, or other right or interest, arising from, or in any way related to, continuing interference with surface and groundwater rights and resources of the Reservation, including the full scope of claims defined in Section 5.1, paragraph A(2) of the Settlement Agreement, to the extent that such continuing interference began prior to the effective date described in section 10 of this Act, from time immemorial through the effective date described in section 10 of this Act and anytime thereafter; and
(4) past, present, and future claims for injury of any kind, whether to person, property, or other right or interest, arising from, or in any way related to, seepage of water into the San Jacinto Tunnel, including the full scope of claims defined in Section 5.1, paragraph A(2) of the Settlement Agreement, from time immemorial through the effective date described in section 10 of this Act and anytime thereafter.
(b) TRIBAL WAIVERS AGAINST THE UNITED STATES.– The Tribe is authorized, as part of the performance of its obligations under the Settlement Agreement, to execute a waiver and release for claims against the United States (acting in its capacity as trustee for the Tribe or its members, or otherwise acting on behalf of the Tribe or its members), including any agencies, officials, or employees thereof, for any and all– (1) claims described in paragraph (a) of this section;
(2) past, present, and future claims for failure to acquire or develop water rights and resources of the Reservation from time immemorial through the effective date described in section 10 of this Act and anytime thereafter; (3) past, present, and future claims for failure to protect water rights and resources of the Reservation from time immemorial through the effective date described in section 10 of this Act, and any past, present, and future claims for any continuing failure to protect water rights and resources of the Reservation, from time immemorial through the effective date described in section 10 of this Act and, to the extent that such continuing failure to protect began before the effective date described in section 10 of this Act, anytime thereafter; (4) past, present, and future claims arising from the failure of any non-federal Party to fulfill the terms of the Settlement Agreement at anytime; and (5) past, present, and future claims arising out of the negotiation of the Settlement Agreement or the negotiation and enactment of this Act, or any specific terms or provisions thereof, including, but not limited to, the Tribe’s consent to limit the number of participant parties to the Settlement Agreement. 6
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SEC. 9. MISCELLANEOUS PROVISIONS.
(a) WAIVER OF SOVEREIGN IMMUNITY.– If any party to the Settlement Agreement brings an action or other proceeding in any court of the United States relating only and directly to the interpretation or enforcement of this Act or the Settlement Agreement and names the United States or the Soboba Tribe as a party– (1) the United States, the Tribe, or both, may be joined in any such action; and (2) any claim by the United States or the Tribe to sovereign immunity from the action is waived, other than with respect to claims for monetary awards, for the limited and sole purpose of such interpretation or enforcement. (b) TRIBAL USE OF WATER.–
(1) IN GENERAL.– With respect to water rights made available under the Settlement Agreement–
(A)the Tribe may use water made available to it under the Settlement Agreement for any use it deems advisable on the Reservation and on any other lands it owns or may acquire, in fee or in trust, contiguous to the Reservation or within the area of the groundwater basin described in Section 2.4 of the Settlement Agreement;
(B)such water rights shall be held in trust by the United States in perpetuity, and shall not be subject to forfeiture or abandonment; and (C)State law shall not apply to the Tribe’s use of water made available to it under the Settlement Agreement.
(2) LIMITATION.–
(A)IN GENERAL.– Except as provided in paragraph (B) below, the Tribe shall not sell or lease water made available to it under the Settlement Agreement.
(B) EXCEPTION.– The Tribe may enter into contracts and options to lease, contracts and options to exchange, or contracts and options to forbear the use of water made available to it under the Settlement Agreement or postpone undertaking new or expanded water uses, provided that any such contract or option for a term greater than five years shall require the approval of the Secretary. Any such water thereby made available to others shall only be used by participants in, or other users within the area of, the Water Management Plan described in Section 2.32 of the Settlement Agreement. No contract shall be for a term exceeding one hundred years, nor shall any contract provide for permanent alienation of any portion of the water rights made available under the Settlement Agreement.
(c) ACCEPTANCE OF LAND INTO TRUST.– The Secretary shall accept into trust for the benefit of the Tribe the lands conveyed to the Tribe pursuant to Section 4.6 of the Settlement Agreement, which conveyed lands shall be considered for all purposes as if 7
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they were so acquired into trust status in 1937, except as to valid rights existing at the time of acquisition pursuant to this Act.
(d) HABITAT CONSERVATION.– The United States, in its capacity as trustee for the Tribe, and the Tribe in its own right shall make available, including, if necessary, by conveyance of a permanent easement to the United States Fish and Wildlife Service or other agency of the United States, up to 98 acres of Reservation land for habitat conservation related to the portion of the basin recharge project necessary to accommodate deliveries of the supplemental imported water described in Section 4.4 of the Settlement Agreement.
(e) AVAILABILITY OF APPROPRIATIONS.– The funds authorized to be appropriated under section 5 of this Act shall not be available for expenditure or withdrawal until the requirements of section 10(a) of this Act have been met and the waivers and releases set out in section 8 of this Act become effective.
(f) RETENTION OF RIGHTS.–
(1) In the event the waivers and releases set out in section 8 of this Act do not become effective pursuant to section 10(a) of this Act, the Soboba Tribe and the United States shall retain the right to assert all rights and claims enumerated in section 8, and any claims or defenses of the parties to the Settlement Agreement shall also be retained.
(2) The parties expressly reserve all rights not specifically granted, recognized, waived, or released by the Settlement Agreement or this Act. (g) PRECEDENT.– Nothing in this Act shall be construed or interpreted as a precedent for the quantification or litigation of federal reserved water rights or the interpretation or administration of future water settlement Acts.
(h) OTHER INDIAN TRIBES.– Nothing in the Settlement Agreement or this Act shall be construed in any way to quantify or otherwise adversely affect the water rights, claims, or entitlements to water of any Indian tribe, band, or community, other than the Soboba Tribe.
(i) ENVIRONMENTAL COMPLIANCE.–
(1) Signing by the Secretary of the Settlement Agreement does not constitute major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) The Secretary shall comply with all aspects of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable environmental laws, in implementing the terms of the Settlement Agreement and this Act.
SEC. 10.EFFECTIVE DATE.
(a) IN GENERAL.– The waiver and release authorizations contained in subsections (b) and (c) of section 8 of this Act shall become effective as of the date the Secretary causes to be published in the Federal Register a statement of findings that– (1) this Act has been enacted;
8
14.B.
(2) to the extent that the Settlement Agreement conflicts with this Act, the Settlement Agreement has been revised to conform with the Act; (3) the Settlement Agreement, revised as necessary, and the waivers and releases described in Article 5 of the Settlement Agreement and section 8 of this Act have been executed by the parties and the Secretary; (4) warranty deeds for the property to be conveyed to the Tribe described in section 4.6 of the Settlement Agreement have been placed in escrow; (5) the Tribe and the Secretary have approved the Water Management Plan; (6) the judgment and decree attached to the Settlement Agreement as Exhibit H has been approved by the United States District Court, Eastern Division of the Central District of California, and that judgment and decree have become final and nonappealable; and
(7) the payment of the funds authorized by section 5 of this Act have been appropriated and deposited into the Restoration Fund and the Development Fund.
(b) DEADLINE FOR EFFECTIVE DATE.– If the conditions precedent required under paragraph (a) of this section have not been fulfilled by December 31, 2007, the Settlement Agreement and this Act shall not thereafter be effective and shall be null and void. Any funds and the interest accrued thereon appropriated pursuant to section 5 shall revert to the general fund of the United States Treasury on October 1, 2008. 9
14.B.
DIAMOND VALLEY LAKE
LAKE HEMET
SOUTH FORK
SAN JACINTO RIVER
SAN JACINTO RIVER
NORTH FORK
HERKEY
CREEK
STRAWBERRY CREEK
DRY CREEK
RAMONA EXPWY
HWY 79
HWY 74
79 HWY
STATE ST.
DOMENIGONI PKWY
HWY 74
BRIDGE STREET
SANDERSON AV
2 1
11 12
3 2 1 6 5 4
7 8
9 10 11 12
14 13
24 6 5
7 8
3 2 1 6 5 4
7 8
9 10 11 12
13 18 17 16 15 14
19 20 21 22 23 24
29 28 27 26 25 30
31 32 33 34 35 36
1 3 2 6 5 4
7 8 9 10 11 12
18 17 16 15 14 13
19 20 21 22 23 24
29 28 27 26 25 30
31 32 33 34 35 36
2 1
11 12
14 13
23 24
26 25
35 36
2 1
11 12
13 14
23 24
26 25
35 36
6 5 4
7 8 9 10 11 12
17 16 15 14 13
18 19 20 21 23 24
29 28 27 26 25 30
31 32 33 34 35
18 19
20 21 22
30 29 28 27
31 32 33 34
31 32 35 36 33
22 36
18 17 16
21 19 20
30 29 28
22 36
CANYON
SUBBASIN
INTAKE
SUBBASIN
UPPER PRESSURE
NOTE:
UPPER PRESSURE INCLUDES
INTAKE SUBBASIN
NORTH
1”=12,500’
02-25-2004
T.5S. R.1W.
T.4S. R.1W.
T.5S. R.2W.
T.4S. R.2W.
Exhibit B
Map of the Basin and the San Jacinto River
0 9,500’ 19,000’
14.B.
Exhibit C – Description of the Basin
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
Legal Description for Canyon Sub-basin
Beginning at a point lying North 03-03-37 East, a distance of 8693.42 feet from the north one quarter corner of Section 7, Township 5 South, Range 1 East, S.B.B. & M.:
Thence South 33-29-10 East, a distance of 1188.9727
Thence South 20-26-50 East, a distance of 500.9370
Thence South 27-28-23 East, a distance of 428.6517
Thence South 31-35-33 East, a distance of 630.8741
Thence South 21-07-46 East, a distance of 910.5965
Thence South 18-48-47 East, a distance of 1015.1730
Thence South 24-22-09 East, a distance of 638.3066
Thence South 14-50-24 East, a distance of 1778.9616
Thence South 09-47-36 East, a distance of 1132.4407
Thence South 10-53-51 East, a distance of 909.1444
Thence South 21-23-19 East, a distance of 960.3948
Thence South 16-05-57 East, a distance of 627.4825
Thence South 17-13-52 East, a distance of 1029.1928
Thence South 26-09-14 East, a distance of 249.2721
Thence South 46-45-44 East, a distance of 1246.0249
Thence South 45-42-20 East, a distance of 804.0414
Thence South 53-45-51 East, a distance of 494.8303
Thence South 41-51-15 East, a distance of 662.8068
Thence South 37-57-12 East, a distance of 682.2970
Thence South 44-35-54 East, a distance of 598.8896
Thence South 31-20-45 East, a distance of 1101.0137
Thence South 37-47-48 East, a distance of 1333.2990
Thence South 55-04-55 East, a distance of 865.4271
Thence South 61-29-59 East, a distance of 379.0620
Thence South 66-22-49 East, a distance of 339.4363
Thence South 42-07-01 East, a distance of 362.8961
Thence South 59-20-26 East, a distance of 310.8241
Thence North 44-35-20 West, a distance of 271.0057
Thence North 27-14-21 West, a distance of 679.4763
Thence North 09-26-25 West, a distance of 669.1250
Thence North 15-50-43 West, a distance of 716.4738
Thence North 22-47-41 West, a distance of 436.5304
Thence North 20-37-42 West, a distance of 399.1550
Thence North 05-56-49 West, a distance of 259.3960
Thence North 12-05-28 West, a distance of 264.3646
Thence North 14-27-19 East, a distance of 118.1782
Thence North 50-21-25 East, a distance of 158.1102
Thence North 65-13-15 East, a distance of 328.2188
Thence North 82-49-41 East, a distance of 264.3181
Thence South 84-49-29 East, a distance of 420.5895
Thence South 77-19-12 East, a distance of 411.1524
Thence South 62-03-23 East, a distance of 453.0744
Thence South 53-30-14 East, a distance of 237.5929
Thence South 57-59-51 East, a distance of 266.6488
Thence South 66-45-48 East, a distance of 360.0835
Thence South 74-02-50 East, a distance of 326.3171
Thence South 70-08-39 East, a distance of 314.8424
Thence South 63-01-30 East, a distance of 234.3736
Thence South 35-38-22 East, a distance of 237.4798
14.B.
Exhibit C – Description of the Basin
57 Thence South 42-04-07 East, a distance of 284.3200
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
111
112
Thence South 48-59-46 East, a distance of 322.1632
Thence South 55-05-28 East, a distance of 338.9985
Thence South 76-41-52 East, a distance of 627.2030
Thence South 80-50-12 East, a distance of 689.1699
Thence South 68-34-43 East, a distance of 243.1736
Thence South 51-17-14 East, a distance of 422.9187
Thence South 23-13-07 East, a distance of 305.0162
Thence South 17-07-37 East, a distance of 348.0598
Thence South 20-36-34 East, a distance of 243.2560
Thence South 77-20-44 East, a distance of 411.1112
Thence North 88-22-32 East, a distance of 489.4467
Thence South 89-35-23 East, a distance of 209.5054
Thence South 77-48-51 East, a distance of 428.1470
Thence South 46-33-41 East, a distance of 358.4156
Thence South 54-02-09 East, a distance of 300.5375
Thence North 76-21-42 East, a distance of 288.1242
Thence North 17-30-54 East, a distance of 237.5765
Thence North 16-48-48 East, a distance of 309.4149
Thence North 34-06-01 East, a distance of 125.9718
Thence North 84-56-56 East, a distance of 368.4308
Thence South 89-35-24 East, a distance of 227.1308
Thence South 79-15-43 East, a distance of 390.4622
Thence South 89-35-24 East, a distance of 751.1442
Thence North 68-02-21 East, a distance of 321.0451
Thence North 76-24-34 East, a distance of 144.1615
Thence North 82-57-46 East, a distance of 405.0514
Thence North 77-54-02 East, a distance of 322.0287
Thence South 66-25-23 East, a distance of 265.9506
Thence South 68-58-41 East, a distance of 149.3127
Thence North 54-52-10 East, a distance of 300.6385
Thence North 29-27-12 East, a distance of 179.7287
Thence North 56-43-55 East, a distance of 251.9098
Thence South 81-28-20 East, a distance of 370.4709
Thence South 78-57-07 East, a distance of 284.3959
Thence South 67-47-29 East, a distance of 470.2621
Thence South 83-24-48 East, a distance of 650.0405
Thence South 87-51-03 East, a distance of 576.6556
Thence North 81-40-49 East, a distance of 229.7933
Thence South 89-34-59 East, a distance of 524.0139
Thence South 80-08-29 East, a distance of 424.8993
Thence South 68-58-59 East, a distance of 149.1738
Thence South 85-18-12 East, a distance of 700.7279
Thence North 69-21-28 East, a distance of 243.2410
Thence North 83-18-13 East, a distance of 140.9616
Thence North 87-02-55 East, a distance of 297.3945
Thence South 84-24-08 East, a distance of 385.7145
Thence South 73-38-13 East, a distance of 381.5806
Thence South 60-46-31 East, a distance of 398.7573
Thence South 44-33-51 East, a distance of 197.5537
Thence South 44-36-26 East, a distance of 148.2746
Thence South 80-51-20 East, a distance of 229.6689
Thence South 77-41-23 East, a distance of 339.1733
Thence South 80-08-20 East, a distance of 106.1940
Thence South 74-17-21 East, a distance of 199.1918
Thence South 63-03-57 East, a distance of 156.1926
14.B.
Exhibit C – Description of the Basin
113 Thence South 89-35-24 East, a distance of 139.7536
114
115
116
117
118
119
120
121
122
123
124
125
126
127
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133
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146
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148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
Thence North 69-52-16 East, a distance of 149.1074
Thence South 74-22-05 East, a distance of 199.2446
Thence South 54-02-09 East, a distance of 150.2688
Thence South 57-32-02 East, a distance of 164.7486
Thence South 80-08-39 East, a distance of 212.5112
Thence South 81-28-20 East, a distance of 246.9807
Thence South 57-34-32 East, a distance of 164.8208
Thence South 59-51-45 East, a distance of 281.7053
Thence South 49-18-45 East, a distance of 297.3849
Thence South 53-35-18 East, a distance of 237.6448
Thence South 41-33-00 East, a distance of 235.0086
Thence South 49-00-08 East, a distance of 483.1160
Thence South 55-49-43 East, a distance of 125.8518
Thence South 44-35-25 East, a distance of 123.5701
Thence South 44-36-30 East, a distance of 271.6237
Thence South 44-36-10 East, a distance of 197.5973
Thence South 31-11-39 East, a distance of 266.6825
Thence South 29-50-24 East, a distance of 242.6743
Thence South 26-09-18 East, a distance of 273.3663
Thence South 28-55-20 East, a distance of 320.7559
Thence South 44-37-15 East, a distance of 247.0063
Thence South 39-21-54 East, a distance of 136.3797
Thence South 39-30-43 East, a distance of 1115.9357
Thence South 56-57-13 East, a distance of 518.5041
Thence South 32-18-58 East, a distance of 290.6424
Thence South 54-36-52 East, a distance of 213.2716
Thence South 47-36-34 East, a distance of 234.9146
Thence South 44-35-24 East, a distance of 172.8920
Thence South 35-05-29 East, a distance of 150.2478
Thence South 59-20-24 East, a distance of 242.6739
Thence South 59-19-30 East, a distance of 242.5664
Thence South 89-35-24 East, a distance of 139.7536
Thence South 89-35-24 East, a distance of 139.7536
Thence South 89-35-23 East, a distance of 52.3763
Thence North 67-16-06 East, a distance of 132.9522
Thence North 00-24-32 East, a distance of 52.5643
Thence North 33-16-47 West, a distance of 62.8730
Thence North 58-37-01 West, a distance of 203.6710
Thence North 47-58-30 West, a distance of 210.3380
Thence North 50-17-39 West, a distance of 248.1038
Thence North 41-34-22 West, a distance of 235.0915
Thence North 35-34-47 West, a distance of 237.6102
Thence North 52-44-11 West, a distance of 261.9812
Thence North 49-21-11 West, a distance of 297.5341
Thence North 49-21-20 West, a distance of 297.3572
Thence North 44-34-50 West, a distance of 271.7576
Thence North 38-15-35 West, a distance of 335.4983
Thence North 27-27-57 West, a distance of 336.0671
Thence North 50-30-00 West, a distance of 360.1165
Thence North 21-23-39 West, a distance of 470.1461
Thence North 10-11-56 West, a distance of 284.4954
Thence North 07-44-11 West, a distance of 246.9982
Thence North 19-33-17 West, a distance of 204.2826
Thence North 41-52-09 West, a distance of 259.7636
Thence North 63-00-09 West, a distance of 429.5609
14.B.
Exhibit C – Description of the Basin
169 Thence North 43-07-25 West, a distance of 481.8419
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
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195
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205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
Thence North 42-44-17 West, a distance of 382.9316
Thence North 28-24-46 West, a distance of 398.7864
Thence North 28-23-07 West, a distance of 398.6130
Thence North 38-46-12 West, a distance of 608.4346
Thence North 72-21-04 West, a distance of 530.2057
Thence North 77-53-41 West, a distance of 517.3797
Thence North 84-31-51 West, a distance of 596.0885
Thence North 68-33-48 West, a distance of 486.5318
Thence North 67-12-28 West, a distance of 642.2768
Thence North 76-42-02 West, a distance of 627.0671
Thence North 60-32-28 West, a distance of 899.1237
Thence North 75-54-13 West, a distance of 665.1543
Thence North 66-23-19 West, a distance of 665.0515
Thence North 80-51-29 West, a distance of 459.4613
Thence North 74-27-13 West, a distance of 669.4943
Thence North 63-02-06 West, a distance of 312.4704
Thence North 73-53-13 West, a distance of 580.5569
Thence North 76-51-43 West, a distance of 555.1563
Thence North 72-03-23 West, a distance of 347.9228
Thence North 71-08-13 West, a distance of 497.2030
Thence North 69-01-58 West, a distance of 746.1565
Thence North 46-26-06 West, a distance of 382.9739
Thence North 55-28-34 West, a distance of 654.0611
Thence North 65-37-13 West, a distance of 516.0126
Thence North 73-38-41 West, a distance of 508.7107
Thence North 70-36-46 West, a distance of 591.0123
Thence North 69-01-55 West, a distance of 447.6429
Thence North 64-48-32 West, a distance of 1750.7575
Thence North 68-24-13 West, a distance of 917.8053
Thence North 68-02-33 West, a distance of 1427.2827
Thence North 64-07-22 West, a distance of 1625.0677
Thence North 43-46-42 West, a distance of 876.7911
Thence North 47-49-40 West, a distance of 655.7561
Thence North 61-41-57 West, a distance of 335.8997
Thence North 51-42-49 West, a distance of 199.2231
Thence North 48-40-34 West, a distance of 346.7099
Thence North 47-34-33 West, a distance of 235.0408
Thence North 36-26-36 West, a distance of 174.6548
Thence North 09-53-20 East, a distance of 106.2668
Thence South 78-41-19 East, a distance of 462.3561
Thence South 74-50-24 East, a distance of 343.1933
Thence South 79-53-51 East, a distance of 726.5141
Thence South 82-28-31 East, a distance of 422.3874
Thence North 74-29-44 East, a distance of 254.3821
Thence North 67-11-37 East, a distance of 399.0744
Thence North 60-41-37 East, a distance of 281.6756
Thence North 79-05-27 East, a distance of 445.1700
Thence North 00-26-51 East, a distance of 192.0059
Thence North 31-36-58 West, a distance of 164.7668
Thence North 80-07-13 West, a distance of 637.4534
Thence North 79-17-00 West, a distance of 585.8427
Thence North 83-52-06 West, a distance of 702.1421
Thence North 81-40-22 West, a distance of 634.8176
Thence North 71-46-52 West, a distance of 513.7552
Thence North 78-48-11 West, a distance of 746.7136
14.B.
Exhibit C – Description of the Basin
225 Thence North 70-26-56 West, a distance of 905.9868
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
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260
261
262
263
264
265
266
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270
271
272
273
274
275
276
277
278
279
280
Thence North 65-52-49 West, a distance of 2823.3710
Thence North 52-03-27 West, a distance of 1519.7285
Thence North 36-15-37 West, a distance of 1023.5333
Thence North 28-50-12 West, a distance of 1501.3573
Thence North 03-16-40 East, a distance of 699.5825
Thence North 40-00-38 East, a distance of 657.5376
Thence North 55-55-24 East, a distance of 339.1029
Thence North 56-42-53 East, a distance of 377.8643
Thence North 26-59-25 East, a distance of 312.6105
Thence North 71-58-47 East, a distance of 497.0045
Thence North 80-06-42 East, a distance of 585.9547
Thence South 87-23-25 East, a distance of 454.3462
Thence North 42-41-35 East, a distance of 519.3043
Thence North 65-30-29 East, a distance of 539.2736
Thence North 85-13-27 East, a distance of 192.9198
Thence South 77-48-22 East, a distance of 428.1601
Thence South 79-18-05 East, a distance of 195.2692
Thence North 69-51-14 East, a distance of 298.5136
Thence North 28-19-28 East, a distance of 335.9044
Thence North 31-22-11 East, a distance of 305.6825
Thence North 56-01-15 East, a distance of 402.0238
Thence North 82-39-26 East, a distance of 387.8052
Thence North 78-08-24 East, a distance of 411.1519
Thence North 60-22-03 East, a distance of 383.3919
Thence North 59-26-14 East, a distance of 203.6705
Thence North 05-12-58 East, a distance of 210.3711
Thence North 54-35-53 West, a distance of 426.4772
Thence North 11-40-50 West, a distance of 250.0533
Thence North 49-48-05 East, a distance of 161.0345
Thence North 48-23-44 East, a distance of 235.0392
Thence North 00-24-37 East, a distance of 174.5675
Thence North 23-13-24 West, a distance of 304.9592
Thence North 70-45-15 East, a distance of 259.7676
Thence South 78-49-18 East, a distance of 373.3326
Thence South 72-19-46 East, a distance of 530.4007
Thence North 68-01-44 East, a distance of 321.0687
Thence North 61-21-05 East, a distance of 179.8988
Thence North 15-39-15 East, a distance of 199.2007
Thence North 00-24-37 East, a distance of 174.5675
Thence North 09-52-20 West, a distance of 195.3932
Thence North 38-41-05 West, a distance of 359.9806
Thence North 38-15-35 West, a distance of 335.4983
Thence North 24-47-03 West, a distance of 328.3020
Thence North 18-01-30 West, a distance of 220.9698
Thence North 00-27-21 East, a distance of 157.1300
Thence North 24-36-33 West, a distance of 289.0680
Thence North 26-08-49 West, a distance of 195.4380
Thence North 37-10-21 West, a distance of 286.5286
Thence North 71-10-31 West, a distance of 276.0141
Thence North 89-35-24 West, a distance of 366.7594
Thence North 47-18-37 West, a distance of 259.8516
Thence North 02-26-15 West, a distance of 349.7545
Thence North 02-27-48 West, a distance of 125.0526
Thence North 02-27-50 West, a distance of 78.5106
Thence North 02-27-01 West, a distance of 146.1957
14.B.
Exhibit C – Description of the Basin
281 Thence North 05-17-26 West, a distance of 351.1208
282
283
284
285
286
287
288
289
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291
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321
322
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328
329
330
331
332
333
334
335
336
Thence North 29-50-24 West, a distance of 242.6743
Thence North 87-54-29 West, a distance of 594.1460
Thence South 25-25-45 West, a distance of 289.0690
Thence South 07-33-35 West, a distance of 54.1577
Thence South 07-31-36 West, a distance of 368.3617
Thence South 15-40-43 West, a distance of 398.2550
Thence South 21-34-12 West, a distance of 580.7325
Thence South 17-07-05 West, a distance of 546.9813
Thence South 18-03-11 West, a distance of 403.3575
Thence South 25-37-23 West, a distance of 328.0751
Thence South 34-42-09 West, a distance of 465.0331
Thence South 25-01-48 West, a distance of 461.1868
Thence South 54-23-57 West, a distance of 475.1916
Thence South 69-37-52 West, a distance of 541.7496
Thence North 73-56-54 West, a distance of 453.4280
Thence North 48-34-43 West, a distance of 532.4290
Thence North 28-23-07 West, a distance of 398.6121
Thence North 54-35-53 West, a distance of 426.4777
Thence North 16-41-42 West, a distance of 237.5764
Thence North 12-06-59 West, a distance of 322.1772
Thence North 33-16-47 West, a distance of 251.7194
Thence North 60-46-31 West, a distance of 398.7569
Thence North 40-31-06 West, a distance of 346.7031
Thence North 29-18-46 West, a distance of 281.6207
Thence North 31-34-49 West, a distance of 329.6291
Thence North 65-37-55 West, a distance of 344.1602
Thence North 33-16-48 West, a distance of 314.8173
Thence North 40-10-53 West, a distance of 160.9938
Thence South 48-09-08 West, a distance of 259.5913
Thence South 05-10-56 West, a distance of 210.3598
Thence South 01-52-06 East, a distance of 437.1073
Thence South 17-14-28 East, a distance of 403.1796
Thence South 16-17-52 East, a distance of 546.9801
Thence South 17-24-29 East, a distance of 513.9131
Thence South 44-35-54 East, a distance of 296.2405
Thence South 40-10-11 East, a distance of 322.2593
Thence South 35-07-29 East, a distance of 300.4644
Thence South 31-25-13 East, a distance of 596.0948
Thence South 27-28-50 East, a distance of 335.9003
Thence South 04-21-44 East, a distance of 210.3594
Thence South 42-01-35 West, a distance of 210.4263
Thence South 45-23-50 West, a distance of 197.5089
Thence South 52-08-16 West, a distance of 422.9006
Thence South 45-24-36 West, a distance of 469.3541
Thence South 70-25-56 West, a distance of 408.8638
Thence South 66-59-15 West, a distance of 571.0711
Thence South 33-18-10 West, a distance of 353.7851
Thence South 37-17-32 West, a distance of 349.2845
Thence South 49-29-46 West, a distance of 346.7099
Thence South 65-13-51 West, a distance of 328.1924
Thence South 55-43-12 West, a distance of 276.0820
Thence South 59-26-46 West, a distance of 407.4482
Thence South 55-41-57 West, a distance of 385.3996
Thence South 74-49-34 West, a distance of 746.6568
Thence South 88-29-17 West, a distance of 502.1748
14.B.
Exhibit C – Description of the Basin
337 Thence North 70-28-56 West, a distance of 460.1936
338
339
340
341
342
343
344
345
346
Thence North 69-36-20 West, a distance of 783.2207
Thence North 43-33-28 West, a distance of 939.4676
Thence South 90-00-00 East, a distance of 0.0000
to the point of beginning.
Perimeter: 140686.1563
Area: 191218952.8402 4389.7831 acres
14.B.
Exhibit C – Description of the Basin
(Continued)
1 Legal Description for Intake Sub-basin
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 Beginning at a point lying North 03-03-37 East, a distance of 8693.42 feet from the north one quarter corner of Section 7, Township 5 South, Range 1 East, S.B.B. & M.:
Thence North 43-33-19 West, a distance of 1036.0201
Thence North 40-54-46 West, a distance of 2583.7541
Thence North 31-11-35 West, a distance of 1531.8376
Thence North 29-04-17 West, a distance of 883.9252
Thence North 09-00-43 East, a distance of 1454.7700
Thence North 54-11-24 West, a distance of 779.7834
Thence North 87-31-53 West, a distance of 469.5258
Thence South 14-02-10 West, a distance of 1192.3299
Thence South 19-44-49 West, a distance of 1658.1895
Thence South 20-33-22 West, a distance of 1709.5454
Thence South 30-34-45 West, a distance of 1022.5993
Thence South 37-11-05 West, a distance of 1456.6566
Thence South 37-20-58 West, a distance of 1912.8988
Thence South 36-19-37 West, a distance of 1688.8119
Thence South 47-17-26 West, a distance of 1415.9609
Thence South 51-20-25 West, a distance of 1024.9459
Thence South 62-35-33 West, a distance of 1217.0825
Thence South 67-50-01 West, a distance of 1166.6981
Thence South 53-21-57 West, a distance of 2545.3471
Thence South 51-32-23 East, a distance of 1521.6193
Thence South 52-06-41 East, a distance of 3640.2127
Thence South 54-16-42 East, a distance of 2832.0686
Thence South 54-45-45 East, a distance of 8093.9477
Thence South 66-45-32 East, a distance of 1985.2225
Thence South 63-00-45 East, a distance of 1076.6119
Thence South 57-44-44 East, a distance of 10768.6202
Thence South 52-42-56 East, a distance of 2888.8756
Thence South 55-53-51 East, a distance of 6249.5878
Thence South 52-42-56 East, a distance of 2888.8756
Thence South 53-45-11 East, a distance of 2138.0014
Thence South 64-43-22 East, a distance of 2206.1030
Thence North 46-42-44 West, a distance of 156.7825
Thence North 44-35-15 West, a distance of 405.2711
Thence North 46-18-48 West, a distance of 669.1426
Thence North 37-52-35 West, a distance of 693.8574
Thence North 34-17-42 West, a distance of 906.2395
Thence North 33-57-07 West, a distance of 659.8059
Thence North 44-35-16 West, a distance of 608.0830
Thence North 46-47-40 West, a distance of 1054.3274
Thence North 48-19-10 West, a distance of 1868.4824
Thence North 56-06-31 West, a distance of 2130.4779
Thence North 66-07-44 West, a distance of 1655.6256
Thence North 58-12-53 West, a distance of 1376.2780
Thence North 41-24-29 West, a distance of 730.8163
Thence North 41-13-30 West, a distance of 345.0212
Thence North 26-08-55 West, a distance of 384.6138
Thence North 13-37-46 West, a distance of 354.3535
Thence North 41-34-35 West, a distance of 385.5755
Thence North 42-50-20 West, a distance of 669.1777
14.B.
Exhibit C – Description of the Basin
(Continued)
57 Thence North 50-29-55 West, a distance of 1181.6210
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
86 87
88 89
90 91
92 93
94 95
96 97
98 99
100
101
Thence North 31-24-48 West, a distance of 978.2580
Thence North 26-09-14 West, a distance of 704.9949
Thence North 08-33-23 West, a distance of 551.1343
Thence North 10-42-42 East, a distance of 640.9180
Thence North 35-06-54 East, a distance of 453.0875
Thence North 45-23-44 East, a distance of 243.3389
Thence North 52-32-18 East, a distance of 326.7674
Thence North 00-25-00 East, a distance of 171.8795
Thence North 34-34-34 West, a distance of 349.7803
Thence North 44-35-13 West, a distance of 337.0774
Thence North 59-20-26 West, a distance of 310.8241
Thence North 42-07-01 West, a distance of 362.8961
Thence North 66-22-49 West, a distance of 339.4363
Thence North 61-29-59 West, a distance of 379.0620
Thence North 55-04-55 West, a distance of 865.4271
Thence North 37-47-48 West, a distance of 1333.2990
Thence North 31-20-45 West, a distance of 1101.0137
Thence North 44-35-54 West, a distance of 598.8896
Thence North 37-57-12 West, a distance of 682.2970
Thence North 41-51-15 West, a distance of 662.8068
Thence North 53-45-51 West, a distance of 494.8303
Thence North 45-42-20 West, a distance of 804.0414
Thence North 46-45-44 West, a distance of 1246.0249
Thence North 26-09-14 West, a distance of 249.2721
Thence North 17-13-52 West, a distance of 1029.1928
Thence North 16-05-57 West, a distance of 627.4825
Thence North 21-23-19 West, a distance of 960.3948
Thence North 10-53-51 West, a distance of 909.1444
Thence North 09-47-36 West, a distance of 1132.4407
Thence North 14-50-24 West, a distance of 1778.9616
Thence North 24-22-09 West, a distance of 638.3066
Thence North 18-48-47 West, a distance of 1015.1730
Thence North 21-07-46 West, a distance of 910.5965
Thence North 31-35-33 West, a distance of 630.8741
Thence North 27-28-23 West, a distance of 428.6517
Thence North 20-26-50 West, a distance of 500.9370
Thence North 33-29-10 West, a distance of 1188.9727
Thence South 90-00-00 East, a distance of 0.0000
to the point of beginning.
Perimeter: 115214.4657
Area: 308717524.7511 7087.1792 acres
14.B.
3 2
4 5
29 31 32 33
34 10
28 6
20 28
21 MOUNTAIN AVE
SOBOBA RD
FAIRVIEW AVE
N SOBOBA ST
E SHAVER ST
CEDAR AVE
RAMONA EXWY
E ESPLANADE AVE E MAIN ST
01 Miles
Exhibit D - Map of the Soboba Reservation
T.5.S R.1.E
T.4.S R.1.E
14.B.
Exhibit E – Principles for Water Management
PRINCIPLES FOR WATER MANAGEMENT
1. Water Management Plan. These Principles, approved by the appropriate authority of each party, are intended to form the basis from which the parties will develop a Water Management Plan (“Management Plan”) for the area described in Section 2. The Management Plan is being developed to ensure an adequate and reliable source of future water supply.
The Management Plan is also intended to facilitate and accommodate a settlement of the claims of the Soboba Band of Luiseno Indians (“Soboba Tribe”).
2. Management Area. The area included in the Management Plan consists of the Canyon Sub-basin and the San Jacinto Upper Pressure Subbasin, downstream to Bridge Street, and the Hemet Basins (“Management Area”). The Management Area is shown upon the attached map.
3. Pumpers within the Management Area. The primary pumpers within the Management Area are: Eastern Municipal Water District (“Eastern”), Lake Hemet Municipal Water District (“Lake Hemet”), City of San Jacinto (“San Jacinto”), and City of Hemet (“Hemet”) (individually RVLIT\GT\654952.1 -1-
14.B.
Exhibit E – Principles for Water Management
“Public Agency,” collectively “Public Agencies”); the Soboba Tribe (not a Management Plan participant); and approximately 62 individual agricultural and other private pumpers who pump more than 25 acre-feet per year (“Private Pumpers”).
4. Goals. The parties agree that the Management Plan shall incorporate and serve to implement the following goals:
A. Allowing for Future Urban Growth. The parties
acknowledge that the Management Area will continue to experience residential, commercial, and industrial growth and development, and that existing water production and service systems will need to be expanded to meet this growth. It is estimated that at least 15,000 afy incremental water supply capacity over the existing base production rights of the Public Agencies must be dedicated to adequately serve this growth. The Management Plan should serve and provide a clear planning process so that each affected Public Agency will be able to meet these projected growth needs.
RVLIT\GT\654952.1 -2-
14.B.
Exhibit E – Principles for Water Management
B. Water Quality Protection. Implementation of the
Management Plan should protect and/or enhance Management Area water quality. However, implementation of certain elements of the Management Plan may cause limited localized water quality degradation. If such degradation impedes the then current beneficial use of any Public Agency in the Management Area, the Watermaster described in Section 22 (“Watermaster”) shall implement appropriate mitigation measures to ensure water supply to the affected Public Agency and bear the associated costs.
The standards for local water quality degradation shall be defined in the Management Plan.
C. Cost-Effective Management. The Management Plan
should serve to support the pursuit of cost-effective water supply and water treatment by the Public Agencies, both individually and collectively.
D. Overdraft. The groundwater levels within the
Management Area have generally been declining for a number of years, and the Management Area is presently in a condition of overdraft. It is recognized that the Management Plan will, within a reasonable period, eliminate groundwater overdraft and enhance operational yield by RVLIT\GT\654952.1 -3-
14.B.
Exhibit E – Principles for Water Management
implementing a combination of available water resources management elements. These elements include: reduction in native groundwater production; enhanced recharge with native, imported and/or recycled water; development of supplemental supplies such as imported and recycled water; and water conservation programs.
E. Monitoring. The Watermaster shall implement a
monitoring program to ensure the Management Plan activities follow best management and engineering principles to protect Management Area water resources.
5. Public Agencies Base Production Rights.
A. The base production rights of Eastern, Lake Hemet and Hemet in the first year of the Management Plan shall be based upon their average production for calendar years 1995-1999. This period was chosen to reflect these Public Agencies’ recent pumping, and shall determine their base production rights.
RVLIT\GT\654952.1 -4-
14.B.
Exhibit E – Principles for Water Management
B. The base production right of San Jacinto in the first year of the Management Plan, shall be based upon its average production for calendar years 1995-1999, plus 500 afy. The 500 afy is added because San Jacinto’s recent production does not reflect its historic production because of water purchases and other factors.
C. Pursuant to Section 21 below, for the life of the
Management Plan, Hemet and San Jacinto shall each add an additional 900 afy to their base production rights. The additional 900 afy shall not be subject to reduction by the Watermaster as provided in Section 5.D and shall not be subject to any Administrative or Replenishment Assessments as provided in Section 6, or other fee or charge imposed under the Management Plan.
D. It is the goal of the Management Plan to adjust base production rights over time to a level consistent with the Watermaster’s calculation of the Public Agencies' share of safe yield for the Management Area. Based on current information, it appears that the total reduction in base production rights will need to be approximately 35%. The ultimate reduction will be based on periodic demand, hydrology, recharge and RVLIT\GT\654952.1 -5-
14.B.
Exhibit E – Principles for Water Management
availability of imported water. In order to implement this reduction in a phased manner, each Public Agency's base production rights shall be subject to adjustment as follows:
(1) A 10% reduction from the base production rights
in the first year of the Management Plan; and
(2) Until base production rights are consistent with the Public Agencies’ share of safe yield, Watermaster shall determine the reductions in base production rights in each subsequent year of the Management Plan, to achieve this goal within 6 years of approval of the Management Plan. Each reduction shall not be more than 10% of the base production right of the prior year.
(3) Pursuant to Section 7(A)(2)(b), upon conversion of
a Class B Participant's land from agricultural to a use that requires water service from a Public Agency, the Public Agency shall receive an increase in its base production rights equal to the adjusted base production right of the Class B Participant.
RVLIT\GT\654952.1 -6-
14.B.
Exhibit E – Principles for Water Management
6. Public Agency Production Assessments. The Public Agency production will be subject to the following assessments:
A. An Administrative Assessment on each acre-foot pumped by a Public Agency up to its adjusted base production right. The parties contemplate that the Administrative Assessment will be $50.00 per acre-foot of water pumped in the first year of the Management Plan, and that such amount will thereafter be set by the Watermaster.
B. A Replenishment Assessment on each acre-foot pumped
by a Public Agency in excess of its adjusted base production right equal to the cost of providing a like quantity of supplemental water to recharge the Management Area, including recharge losses. Pumping by a Public Agency in excess of its adjusted base production right in order to meet increasing demands is expected and permissible, provided that such excess extractions shall be subject to the Replenishment Assessment. The costs of providing a like quantity of supplemental water shall include the costs of water, O&M costs of the replenishment system, capital recovery and other administrative costs. Currently, the total of these cost items is estimated to be in the range RVLIT\GT\654952.1 -7-
14.B.
Exhibit E – Principles for Water Management
of $300 to $400 per acre-feet; the actual amount will reflect the costs at the time incurred.
7. Private Pumpers Water Rights. The Public Agencies recognize the overlying water rights of the Private Pumpers, and do not intend to take or adversely impact these rights without an agreement with the owner of such rights. The Management Plan will lay out alternatives for the retention, protection, or transfer of such rights, leaving selection of the alternative to the individual overlying water rights owner. A Private Pumper can elect not to participate in the Management Plan and not to formally acknowledge its existence. Such Pumpers shall be referred to herein as “Non-Participants”; such Pumpers shall continue to exercise whatever water rights they may hold under California law unaffected by the Management Plan. There is no intent to affect water use that is consistent with the historical use of the Private Pumpers. However, other pumpers under the Management Plan do not waive their rights to challenge new or expanded water rights. NonParticipants will not have the option of joining the program at a later date.
The alternatives available to participants are as follows:
RVLIT\GT\654952.1 -8-
14.B.
Exhibit E – Principles for Water Management
A. (1) Class A Participation. A Private Pumper can elect to sign a written agreement acknowledging the existence of the Management Plan. Such Pumper shall be a Class A Participant and shall be entitled to vote for and/or be elected to serve as the Private Pumper representative on the Management Plan’s governing board or body described in Paragraph 22 below, but shall not otherwise be required to participate in the Management Plan implementation. A Class A Participant may, without any financial assessment by the Watermaster, pump from his/her/its property within the Management Area the amount of water that can be put to reasonable and beneficial use on the Pumper’s land as may be authorized under California law. Class A Participants shall have the right to convert to Class B Participation during a grace period that shall end three (3) years after the effective date of the Management Plan, as approved by a judgment of the Superior Court for Riverside County, upon payment of the total assessments the Pumper would have paid had the Pumper elected to be a member of Class B from the outset, plus interest.
(2) Class B Participation. A Private Pumper can
become a Class B Participant by electing to limit annual pumping to the Pumper’s average annual production during the calendar years 1995 through RVLIT\GT\654952.1 -9-
14.B.
Exhibit E – Principles for Water Management
1999 and to pay replenishment assessments on amounts in excess of that average annual production. A Class B Participant shall enjoy the following benefits of Plan Participation:
a. Vote for and/or be elected to serve as the
Private Pumper’s representative on the Management Plan’s Governing Board;
b. Upon conversion of Pumper’s land from
agricultural use to a use that requires water service from a participating Public Agency, Public Agency shall credit to the extent legally permissible, Pumper or Pumper’s successor-in-interest’s adjusted production right, using the formula in Section 5 towards satisfaction of any requirement then in effect for water supply assessment requirements. Furthermore, Pumper or Pumper’s successor-in-interest shall be given a credit for Pumper’s adjusted production right using the formula in Section 5 towards any fees associated with water supply that the Public Agency may then have in effect. The Public Agency serving the converted land shall receive a credit to its production right as set forth in Section 5.
RVLIT\GT\654952.1 -10-
14.B.
Exhibit E – Principles for Water Management
c. To the extent the Pumper’s land is not
covered under Section 7(A)(2)(b), Pumper will be eligible to enter into a contract with the Management Plan, or a participating Public Agency, to sell for a defined period of time some portion of Pumper’s adjusted production right, under terms and conditions mutually agreed upon by the Pumper and the Management Plan. Criteria used in consideration of such contract shall include:
(i) Management Plan’s need to acquire
additional water supplies to address Basin overdraft and recovery; (ii) Submission of a water conservation
plan, including use of in lieu water, by Pumper that will reasonably guarantee conservation of water that would otherwise be produced from the Basin;
(iii) Public policy considerations of local
government jurisdictions, including economic and land use impacts of proposed water conservation plan.
RVLIT\GT\654952.1 -11-
14.B.
Exhibit E – Principles for Water Management
B. In-Lieu Water Use. In the event a Private Pumper (or successor) receives recycled and/or imported water from a Public Agency to serve an overlying use in place of groundwater, or otherwise engages in an in-lieu program, the overlying water right of the Private Pumper (or successor) shall not be diminished by the receipt and use of such recycled and/or imported water or by engaging in an in-lieu program.
C. Well Monitoring. To become a Class A or B Participant, a Private Pumper shall authorize the metering of the Pumper’s well(s) and the collection of groundwater level and quality data, and the reading thereof by Management Plan personnel. The metering and reading shall be at no cost to the Pumper, and the Pumper shall receive copies of the reports and information obtained upon request.
D. Future Production Participation. Any new Pumper after the effective date of the Management Plan, as approved by a judgment of the Superior Court for Riverside County, can only participate as a Class A Participant as described in Section 7A(1).
RVLIT\GT\654952.1 -12-
14.B.
Exhibit E – Principles for Water Management
E. Replacement Wells. The redrilling of existing wells and the drilling of new wells to replace existing wells will not be considered new private production.
8. Capital Facilities. Each Public Agency shall continue to own its existing capital facilities for water management. However, capital facilities may be jointly constructed and owned by the Management Plan.
Joint financing of such facilities may be funded by regional capital fees, loans and grants, contributions for storage by The Metropolitan Water District of Southern California (“Metropolitan”) or other third-parties, and municipal bonds. Responsibility for the costs of any existing and future capital facility of the Management Plan should be apportioned among the Public Agencies based on relative benefit to be derived by each Public Agency. Any of the participating Public Agencies may propose projects to be included in the Management Plan to increase Management Area water supply. Such proposals, after evaluation by the Watermaster, shall be included or rejected. If the Watermaster chooses to reject the proposal, the proposing Public Agency may implement the rejected project as long as it does not significantly impact the implementation of the Management Plan and/or interfere with the ongoing production by the Public Agencies.
RVLIT\GT\654952.1 -13-
14.B.
Exhibit E – Principles for Water Management
9. Soboba Tribe’s Water Rights. The Soboba Tribe’s water rights shall be determined as part of a settlement among the Soboba Tribe, the United States, Eastern, Lake Hemet and Metropolitan. Major points of the proposed settlement are:
A. The Soboba Tribe shall have a senior, prior right in the Canyon and San Jacinto Upper Pressure Sub-basins of 9000 afy, but its use shall be limited to a maximum of 4100 afy during the first 50 years after the effective date of the settlement.
B. The Soboba Tribe shall have the right to purchase
replenishment water for use pursuant to the Principles of Settlement at the Management Plan replenishment rate.
C. The Soboba settlement provides that, among other things, Metropolitan will use its best efforts to deliver sufficient water to yield a 15- year average of 7,500 afy to the Management Plan until 2035 at its longterm interruptible rate (currently $233/af).
RVLIT\GT\654952.1 -14-
14.B.
Exhibit E – Principles for Water Management
D. Subject to full funding of the settlement by the United States, the Management Plan shall pay the Soboba Tribe $10 million.
E. The Management Plan will also pay the Soboba Tribe $7 million. A Public Agency's payment of its share of this amount is optional, but in order to obtain the benefits of the low-cost Metropolitan water delivered pursuant to the settlement, a Public Agency shall pay its share of this amount.
F. The Management Plan will receive $10 million for
capital improvements from the United States, and all unused Soboba Tribe water based on the Public Agency's participation in the payment in Section 9(E) above.
10. Implementation of These Principles. These Interim Principles for Water Management shall be used by the parties as a basis for the preparation of the Management Plan, and a stipulated judgment in a water rights adjudication. As explained below, the Management Plan shall be administered by the Watermaster. The Watermaster will be under the continuing jurisdiction of the Court.
RVLIT\GT\654952.1 -15-
14.B.
Exhibit E – Principles for Water Management
11. Assessment Program. The assessment program contemplated by the Management Plan shall be administered by the Watermaster subject to the governance provisions herein. All payments shall be made to the Watermaster and shall be maintained in a separate restricted fund. All assessments shall be used exclusively to acquire imported, recycled or Metropolitan water for the recharge of the Management Area, and for the facilities and operational and administrative expenses associated with the assessment and recharge programs. Subject to Management Plan approval, assessments may also be used by affected parties to acquire and deliver water for direct use by the parties, in lieu of pumping.
12. Replenishment Program. The replenishment program
contemplated by the Management Plan shall also be administered by the Watermaster. The program shall include: the acquisition of supplemental water supplies (including imported, recycled and Soboba Tribe water); the expenditure of assessments; the recharge of the Management Area; and the construction and operation of all necessary facilities, including but not limited to, development of surface and sub-surface percolation and injection facilities. Priority for replenishment will be based on an equitable RVLIT\GT\654952.1 -16-
14.B.
Exhibit E – Principles for Water Management
apportionment of available replenishment water among the sub-basins after full consideration of: the Public Agency's participation in the payment in Section 9(E) above; the Management Area conditions; water demands; the availability of storage capacity to accommodate the recharge of natural flows; the availability of appropriate conveyance facilities; and the availability of replenishment or imported water. The Watermaster is encouraged to take advantage of surplus imported water that occasionally may be available at low cost, and to use available assessment funds to bank such recharge against future pumping in excess of adjusted production rights.
13. Rights to Groundwater. Groundwater in the Management Area may occur from: natural recharge; spreading operations of natural flows; replenishment with imported, recycled or Metropolitan water acquired with assessment funds; or in-lieu recharge programs financed with assessment funds. All such groundwater shall be available to support the pumping of the parties as allowed herein, and shall not be the property of any individual party, subject to the provisions of Section 14.
RVLIT\GT\654952.1 -17-
14.B.
Exhibit E – Principles for Water Management
14. Storage Rights. The parties recognize that unused storage capacity exists in the Management Area, and the Management Plan contemplates that this capacity will be managed conjunctively with available imported and recycled water supplies. Subject to availability of the Management Plan fund for assessments and unused storage capacity as determined by Watermaster, the Management Area will be recharged and water stored therein when such supplies are available, and drawn upon by the Public Agencies in dry years when such supplemental water supplies may not be available. In addition, unused storage capacity as determined by Watermaster may be used for “put and take” operations of recycled or imported water that is paid for by any party to the Management Plan provided that:
A. Such operations do not interfere with the rights of any other pumper, or with the use of the storage capacity for recharge and storage under the Management Plan;
B. Water available for recharge is purchased first, as
needed, for the Management Plan;
RVLIT\GT\654952.1 -18-
14.B.
Exhibit E – Principles for Water Management
C. Later recovery of stored water shall exclude losses; and D. Such recovered water may be used anywhere within the service area of the party.
Any conjunctive use programs for the benefit of territory outside of the Management Area shall be subject to the governance provisions herein. Any storage, conjunctive use programs by third parties or in-lieu recharge programs financed with assessment funds shall be subject to the governance provisions herein.
15. Spreading Operations. The Public Agencies shall
independently or jointly operate their respective facilities to maximize the existing spreading and recharge operations of natural flow in the Management Area.
16. Recharge Water Quality. Consistent with Section 4(E) above all water used to replenish any sub-basin in the Management Area shall meet the Regional Water Quality Control Board requirements, and may be used in any sub-basin where such requirements are met.
RVLIT\GT\654952.1 -19-
14.B.
Exhibit E – Principles for Water Management
17. Recharge Losses. The accounting for storage recharge of the Management Area shall not include any water that escapes therefrom and migrates downstream beyond the Management Area. Losses will be calculated based upon best engineering principles.
18. Recycled Water. The use of recycled water can be of substantial benefit in providing additional water in the Management Area.
Each Public Agency may implement a recycled water program, including the ownership, operation and construction of all necessary facilities, and the application for and administration of any loan or grant applications. The Management Plan will support loan or grant applications, and the Public Agencies will work to integrate recycled water into the Management Plan to the extent economically feasible while meeting regulatory standards.
Subject to existing recycled water contracts, the Management Plan will have a first right of refusal to purchase excess recycled water for recharge.
Priority shall be given to Management Area recharge for the use of recycled water which originates therefrom.
19. Export. The Public Agencies may export water outside the Management Area, on a temporary basis, upon approval by the Watermaster.
RVLIT\GT\654952.1 -20-
14.B.
Exhibit E – Principles for Water Management
However, any water exported shall be replenished with an appropriate amount of similar or better quality water as determined by Watermaster.
Also, water exports by the Public Agencies shall not interfere with the Management Plan or any other Public Agency's operations. The Management Plan will set forth the specific criteria for the export of water, including, but not limited to, conjunctive use programs.
20. Credits. Recharge credits documented before the Management Plan shall be calculated pursuant to the Management Plan. Future recharge credits shall be established by replenishment of water or by not exercising the full, adjusted base production right, and shall be calculated pursuant to the Management Plan.
21. Tunnel Seepage, Stream Diversions, Fruitvale To resolve Eastern’s use of Tunnel seepage, Lake Hemet’s stream diversions and Eastern’s use of Fruitvale water, 900 afy shall be added to Hemet’s adjusted base production and 900 afy shall be added to San Jacinto’s adjusted base production right as discussed in Section 5 above. This is intended to provide Hemet and San Jacinto a fair share of water from these disputed issues.
RVLIT\GT\654952.1 -21-
14.B.
Exhibit E – Principles for Water Management
22. Governance. The Management Plan will be administered by a Watermaster as follows:
A. The governing board of the Watermaster shall consist of one elected official from each of the Public Agencies and one Private Pumper representative selected by the Private Pumpers who participate in the Management Plan. Each member shall have one vote.
B. The Watermaster’s duties shall include: determining safe yield; determining replenishment needs; determining annual adjusted base production rights; purchasing and selling imported and recycled water; constructing future capital facilities; establishing assessment rates; initiating necessary conservation and drought management measures; and implementing other responsibilities identified in the Management Plan documents.
Dated: ______, 2004. EASTERN MUNICIPAL WATER
DISTRICT
By: ___________________________
RVLIT\GT\654952.1 -22-
14.B.
Exhibit E – Principles for Water Management
Dated: ______, 2004. LAKE HEMET MUNICIPAL WATER
DISTRICT
By: ___________________________
Dated: ______, 2004. CITY OF HEMET
By: ___________________________
Dated: ______, 2004. CITY OF SAN JACINTO
By: ___________________________
RVLIT\GT\654952.1 -23-
14.B.
DIAMOND VALLEY LAKE
RAMONA EXPWY
HWY 79
HWY 74
79 HWY
STATE ST.
DOMENIGONI PKWY
HWY 74
2 1
11 12
3 2 1 6 5 4
7 8
9 10 11 12
6 5
7 8
3 2 1 6 5 4
7 8
9 10 11 12
13 18 17 16 15 14
19 20 21 22 23 24
29 28 27 26 25 30
31 32 33 34 35 36
1 3 2 6 5 4
7 8 910 11 12
18 17 16 15 14 13
19 20 21 22 23 24
29 28 27 26 25 30
31 32 33 34 35 36
2 1
11 12
14 13
23 24
26 25
35 36
2 1
11 12
13 14
23 24
26 25
35 36
6 5 4
7 8 9 10 11 12
17 16 15 14 13
18 19 20 21 23 24
29 28 27 26 25 30
31 32 33 34 35
18 19
20 21 22
30 29 28 27
31 32 33 34
31 32 35 36 33
22 36
18 17
19 20
30 29
CANYON
SUBBASIN
INTAKE
SUBBASIN
UPPER PRESSURE
HEMET NORTH
SUBBASIN
HEMET SOUTH
SUBBASIN
NOTE:
UPPER PRESSURE INCLUDES
INTAKE SUBBASIN
NORTH
1”=9,000’
06-02-2004
T.5S. R.1W.
T.4S. R.1W.
T.5S. R.2W.
T.4S. R.2W.
Exhibit F
Map of the Water Management Plan Area
0 9,000’ 18,000’
14.B.
Exhibit G – Description of the Water Management Plan Area Water Management Plan Area
Beginning at the North quarter Corner of Section 2, Township 4 South, Range 2 West, S.B.B.& M.:
Thence South 55-09-46 West, a distance of 3086.02
to the True Point of Beginning;
Thence South 01-57-57 West, a distance of 3159.1491
Thence South 00-29-02 West, a distance of 429.3273
Thence South 00-14-26 West, a distance of 1908.6588
Thence South 01-46-37 West, a distance of 1567.6119
Thence North 55-21-31 East, a distance of 446.8379
Thence North 26-23-15 East, a distance of 631.4127
Thence South 87-18-21 East, a distance of 191.4616
Thence South 87-17-52 East, a distance of 446.7468
Thence South 70-03-12 East, a distance of 419.5431
Thence South 48-59-17 East, a distance of 352.6834
Thence South 49-46-27 East, a distance of 298.9505
Thence South 38-14-56 East, a distance of 408.2682
Thence South 43-41-06 East, a distance of 568.0886
Thence South 33-24-04 East, a distance of 907.5881
Thence South 39-40-04 East, a distance of 681.4619
Thence South 44-35-36 East, a distance of 523.0954
Thence South 40-05-37 East, a distance of 805.0741
Thence South 37-55-01 East, a distance of 359.8351
Thence South 35-20-31 East, a distance of 531.5890
Thence South 22-00-05 East, a distance of 405.3986
Thence South 17-22-41 East, a distance of 504.7266
Thence South 25-17-32 East, a distance of 595.1082
Thence South 32-14-23 East, a distance of 575.2528
Thence South 38-11-56 East, a distance of 414.9866
Thence South 21-26-59 East, a distance of 691.8554
Thence South 22-44-15 East, a distance of 524.2415
Thence South 20-38-45 East, a distance of 573.2541
Thence South 32-15-39 East, a distance of 191.7948
Thence South 88-14-08 East, a distance of 156.3241
Thence South 46-34-05 East, a distance of 439.2778
Thence South 12-36-58 East, a distance of 409.7686
Thence South 18-19-44 East, a distance of 426.9082
Thence South 16-24-51 East, a distance of 572.8471
Thence South 22-07-10 East, a distance of 731.9991
Thence South 22-31-31 East, a distance of 720.1255
Thence South 22-41-43 East, a distance of 1039.9629
Thence South 38-30-56 East, a distance of 426.1504
Thence South 37-08-43 East, a distance of 350.8795
Thence South 35-21-27 East, a distance of 265.6921
Thence South 00-21-06 West, a distance of 692.3260
Thence South 09-53-35 East, a distance of 427.7983
Thence South 14-00-56 East, a distance of 460.9092
Thence South 00-49-47 East, a distance of 353.9741
Thence South 39-14-44 West, a distance of 334.1122
Thence North 88-16-13 West, a distance of 312.6425
Thence North 88-15-40 West, a distance of 327.5258
14.B.
Exhibit G – Description of the Water Management Plan Area Thence South 65-20-48 West, a distance of 211.1187
Thence South 51-19-16 West, a distance of 262.9182
Thence North 81-25-48 West, a distance of 270.5204
Thence North 00-23-36 East, a distance of 254.9440
Thence North 14-20-10 West, a distance of 196.8810
Thence North 69-38-37 West, a distance of 331.8501
Thence North 88-16-15 West, a distance of 312.7674
Thence South 45-39-54 West, a distance of 220.8974
Thence South 00-40-33 West, a distance of 158.9491
Thence South 08-40-14 West, a distance of 373.9607
Thence South 18-56-44 West, a distance of 166.3231
Thence South 13-04-14 East, a distance of 219.4350
Thence South 88-17-54 East, a distance of 208.3419
Thence South 52-36-50 East, a distance of 454.9685
Thence South 57-10-41 East, a distance of 307.7555
Thence South 10-23-15 East, a distance of 271.0676
Thence South 47-38-04 East, a distance of 488.4199
Thence South 38-59-11 East, a distance of 489.7587
Thence South 43-18-04 East, a distance of 225.0918
Thence South 36-19-43 East, a distance of 1211.7791
Thence South 00-40-32 West, a distance of 159.0111
Thence South 15-40-02 East, a distance of 555.4493
Thence South 32-13-48 East, a distance of 383.6829
Thence South 34-03-33 East, a distance of 457.3251
Thence South 06-55-29 West, a distance of 478.9941
Thence South 11-48-53 West, a distance of 538.4695
Thence South 04-00-47 East, a distance of 639.4428
Thence South 57-16-59 West, a distance of 374.5463
Thence South 59-59-38 West, a distance of 302.6944
Thence South 45-44-02 West, a distance of 220.8122
Thence South 40-23-23 West, a distance of 407.4181
Thence South 27-02-10 West, a distance of 234.5719
Thence South 18-54-48 West, a distance of 499.3999
Thence South 18-54-28 West, a distance of 332.9008
Thence South 08-40-29 West, a distance of 373.7759
Thence South 11-49-45 West, a distance of 538.4344
Thence South 00-40-31 West, a distance of 318.1471
Thence South 00-39-43 West, a distance of 530.0974
Thence South 30-14-06 West, a distance of 422.2534
Thence South 31-26-41 West, a distance of 305.2671
Thence South 77-24-27 West, a distance of 214.1513
Thence North 25-17-38 West, a distance of 238.1444
Thence South 35-31-17 West, a distance of 637.9021
Thence South 39-15-19 West, a distance of 169.0961
Thence South 39-13-20 West, a distance of 165.0641
Thence South 39-14-20 West, a distance of 668.3212
Thence South 30-15-45 West, a distance of 422.1539
Thence South 06-16-29 West, a distance of 531.8110
Thence South 18-55-03 West, a distance of 166.5596
Thence South 21-01-01 West, a distance of 449.2623
Thence South 27-03-08 West, a distance of 351.8017
Thence South 31-28-15 West, a distance of 305.2794
Thence South 45-41-33 West, a distance of 515.4747
Thence South 77-23-51 West, a distance of 642.2232
Thence South 85-54-45 West, a distance of 522.5793
Thence North 82-59-20 West, a distance of 576.5611
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 64-53-25 West, a distance of 400.6090
Thence North 66-16-35 West, a distance of 566.0858
Thence North 38-59-11 West, a distance of 489.7595
Thence North 32-14-03 West, a distance of 383.4039
Thence North 20-39-20 West, a distance of 286.6781
Thence North 43-18-43 West, a distance of 225.0460
Thence South 18-53-52 West, a distance of 166.3412
Thence North 88-17-24 West, a distance of 416.8106
Thence South 04-55-55 East, a distance of 533.6007
Thence South 51-18-38 East, a distance of 264.5584
Thence South 16-03-15 East, a distance of 723.6602
Thence South 34-10-30 West, a distance of 188.4831
Thence South 37-27-05 West, a distance of 261.0635
Thence South 06-18-55 East, a distance of 428.4127
Thence South 00-40-32 West, a distance of 371.0878
Thence South 66-17-12 East, a distance of 283.1573
Thence South 54-26-34 East, a distance of 380.8999
Thence South 18-53-51 West, a distance of 499.4190
Thence South 32-15-38 East, a distance of 191.7957
Thence South 14-32-01 West, a distance of 434.8520
Thence South 17-11-06 West, a distance of 549.9921
Thence South 31-27-03 West, a distance of 305.2142
Thence South 60-02-12 West, a distance of 302.7087
Thence South 60-45-52 West, a distance of 721.1047
Thence South 83-27-27 West, a distance of 367.5184
Thence South 57-14-27 West, a distance of 374.5758
Thence South 20-39-20 East, a distance of 286.6781
Thence South 88-16-51 East, a distance of 312.5156
Thence South 25-17-24 East, a distance of 476.0654
Thence South 57-08-56 East, a distance of 307.8569
Thence North 50-10-17 East, a distance of 479.5142
Thence North 29-05-00 East, a distance of 656.5286
Thence South 34-02-30 East, a distance of 457.5323
Thence South 17-22-42 East, a distance of 168.2415
Thence South 00-40-33 West, a distance of 158.9491
Thence South 60-02-12 West, a distance of 302.7087
Thence South 00-40-31 West, a distance of 371.2758
Thence South 67-32-00 East, a distance of 448.9489
Thence South 64-52-57 East, a distance of 400.4958
Thence North 71-51-49 East, a distance of 481.6809
Thence South 89-35-03 East, a distance of 344.3841
Thence South 46-25-17 East, a distance of 279.7030
Thence South 03-10-14 East, a distance of 409.0632
Thence South 23-51-22 West, a distance of 416.9340
Thence South 03-24-06 East, a distance of 383.4255
Thence South 66-09-28 East, a distance of 498.9547
Thence North 61-17-01 East, a distance of 418.4674
Thence North 62-31-22 East, a distance of 424.9349
Thence South 60-02-46 East, a distance of 439.7373
Thence South 24-58-10 East, a distance of 414.5596
Thence South 33-07-02 East, a distance of 260.1327
Thence South 34-34-28 East, a distance of 318.9559
Thence South 18-21-02 East, a distance of 308.8960
Thence South 13-34-41 West, a distance of 413.1727
Thence South 42-19-37 West, a distance of 343.9836
Thence South 63-55-07 West, a distance of 198.5981
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 85-31-13 West, a distance of 366.4946
Thence North 76-58-32 West, a distance of 406.8413
Thence North 72-11-08 West, a distance of 279.2651
Thence South 48-26-06 West, a distance of 204.3228
Thence South 34-26-55 West, a distance of 484.3828
Thence South 07-01-37 West, a distance of 389.2991
Thence South 05-32-54 East, a distance of 480.9402
Thence South 47-03-44 East, a distance of 682.8003
Thence South 21-46-09 East, a distance of 371.7621
Thence South 02-53-33 East, a distance of 483.0534
Thence South 14-20-24 West, a distance of 531.9487
Thence South 35-28-25 West, a distance of 663.8471
Thence South 52-23-59 West, a distance of 364.7668
Thence South 08-13-01 East, a distance of 698.7991
Thence South 67-31-20 East, a distance of 449.3910
Thence South 25-24-05 East, a distance of 238.0781
Thence South 22-14-37 West, a distance of 282.6599
Thence South 22-16-19 West, a distance of 282.6499
Thence South 26-41-31 East, a distance of 328.3674
Thence South 08-00-01 East, a distance of 374.5201
Thence South 00-14-32 West, a distance of 295.8146
Thence South 22-50-30 East, a distance of 524.2347
Thence South 32-19-47 East, a distance of 135.8012
Thence South 74-41-41 East, a distance of 495.5765
Thence North 87-48-16 East, a distance of 230.0439
Thence South 62-02-24 East, a distance of 271.0081
Thence South 27-01-09 East, a distance of 158.7654
Thence South 00-25-08 West, a distance of 188.1300
Thence South 47-28-36 West, a distance of 306.8174
Thence South 67-08-04 West, a distance of 1017.9951
Thence South 88-16-15 West, a distance of 559.2547
Thence North 38-00-54 West, a distance of 199.5152
Thence North 01-24-06 West, a distance of 209.4997
Thence North 29-50-03 West, a distance of 268.0941
Thence North 58-00-46 West, a distance of 880.2816
Thence North 18-49-54 East, a distance of 131.2772
Thence North 41-46-48 East, a distance of 881.2088
Thence North 53-22-34 East, a distance of 244.5273
Thence North 12-17-03 East, a distance of 196.8192
Thence North 32-10-09 West, a distance of 185.4739
Thence North 63-33-01 West, a distance of 250.0488
Thence North 87-33-20 West, a distance of 561.2607
Thence North 66-33-29 West, a distance of 616.6454
Thence North 08-43-43 East, a distance of 216.6340
Thence North 67-39-56 East, a distance of 702.4460
Thence North 35-11-58 East, a distance of 228.9973
Thence North 05-39-39 West, a distance of 221.7695
Thence North 52-37-23 West, a distance of 454.7550
Thence North 70-59-03 West, a distance of 713.5651
Thence North 88-13-32 West, a distance of 260.3749
Thence North 81-50-24 West, a distance of 472.9131
Thence North 46-37-10 West, a distance of 638.0651
Thence North 43-16-43 West, a distance of 300.1255
Thence North 38-12-54 West, a distance of 414.8389
Thence North 17-22-30 West, a distance of 336.5442
Thence North 15-44-09 East, a distance of 601.0252
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 17-21-42 West, a distance of 673.1694
Thence North 20-38-46 West, a distance of 573.2531
Thence North 18-52-30 West, a distance of 622.8685
Thence South 60-02-48 West, a distance of 302.6778
Thence North 69-38-36 West, a distance of 331.8504
Thence South 60-02-48 West, a distance of 302.6778
Thence North 43-18-30 West, a distance of 675.1831
Thence North 32-14-42 West, a distance of 383.5238
Thence North 57-09-25 West, a distance of 615.5074
Thence South 80-11-19 West, a distance of 529.6212
Thence South 86-26-44 West, a distance of 574.6054
Thence North 35-20-05 West, a distance of 531.4653
Thence North 00-38-55 East, a distance of 265.0170
Thence North 67-31-12 West, a distance of 448.8571
Thence South 88-18-10 West, a distance of 886.2638
Thence South 60-46-39 West, a distance of 721.0129
Thence South 45-41-01 West, a distance of 589.1057
Thence South 14-55-27 East, a distance of 387.3153
Thence South 00-40-32 West, a distance of 371.0888
Thence South 13-04-27 East, a distance of 438.7482
Thence South 21-26-38 East, a distance of 692.0304
Thence South 46-37-24 East, a distance of 638.0219
Thence South 47-03-19 East, a distance of 563.1754
Thence South 14-56-23 East, a distance of 387.4074
Thence South 23-12-42 East, a distance of 643.1882
Thence South 28-23-55 East, a distance of 428.9302
Thence South 14-56-32 East, a distance of 387.3475
Thence South 08-36-11 East, a distance of 323.3886
Thence South 04-55-55 East, a distance of 533.6007
Thence South 13-03-12 East, a distance of 205.8819
Thence South 09-36-40 East, a distance of 902.1630
Thence South 33-16-14 East, a distance of 321.9605
Thence South 36-27-41 West, a distance of 173.5290
Thence South 58-28-58 West, a distance of 639.1622
Thence South 01-42-32 East, a distance of 8216.1537
Thence North 78-59-47 East, a distance of 87.1013
Thence South 88-12-52 East, a distance of 469.3529
Thence South 74-02-23 East, a distance of 432.5486
Thence South 69-39-25 East, a distance of 664.8422
Thence South 88-10-48 East, a distance of 208.6052
Thence South 69-38-45 East, a distance of 498.6348
Thence South 82-26-13 East, a distance of 525.1939
Thence North 80-15-12 East, a distance of 265.0761
Thence South 69-37-59 East, a distance of 332.4062
Thence North 80-15-12 East, a distance of 265.0761
Thence North 61-21-31 East, a distance of 418.1679
Thence North 78-16-23 East, a distance of 907.4410
Thence South 79-58-51 East, a distance of 370.0179
Thence North 82-08-20 East, a distance of 316.2216
Thence North 55-40-58 East, a distance of 239.1251
Thence North 32-41-32 East, a distance of 260.8180
Thence North 87-54-28 East, a distance of 267.0530
Thence South 74-39-09 East, a distance of 360.3507
Thence South 81-59-59 East, a distance of 351.1678
Thence South 85-51-12 East, a distance of 535.0256
Thence North 74-27-22 East, a distance of 253.5225
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 68-04-45 East, a distance of 405.9771
Thence North 72-57-30 East, a distance of 164.2103
Thence North 68-40-29 East, a distance of 674.5618
Thence South 88-12-52 East, a distance of 469.3529
Thence North 84-02-19 East, a distance of 787.1317
Thence North 57-20-59 East, a distance of 187.2075
Thence North 72-57-06 East, a distance of 328.3010
Thence North 89-27-22 East, a distance of 1303.8087
Thence North 69-30-36 East, a distance of 279.4284
Thence North 55-24-17 East, a distance of 446.5897
Thence North 77-27-37 East, a distance of 428.3428
Thence North 57-20-59 East, a distance of 187.2075
Thence North 68-40-15 East, a distance of 674.4450
Thence North 54-02-04 East, a distance of 259.7702
Thence North 61-32-05 West, a distance of 236.0350
Thence North 11-48-13 East, a distance of 268.8725
Thence North 74-44-23 East, a distance of 542.1152
Thence North 79-01-23 East, a distance of 478.8868
Thence North 72-58-07 East, a distance of 328.4024
Thence North 39-15-47 East, a distance of 333.7907
Thence North 18-52-51 East, a distance of 332.5833
Thence North 77-29-05 East, a distance of 428.3020
Thence South 64-07-57 East, a distance of 518.8621
Thence South 88-12-19 East, a distance of 365.1791
Thence North 57-18-33 East, a distance of 748.5774
Thence North 30-13-53 East, a distance of 421.8035
Thence North 50-13-44 East, a distance of 479.1141
Thence North 27-01-48 East, a distance of 351.2419
Thence North 69-48-55 East, a distance of 347.5974
Thence North 73-52-54 East, a distance of 276.2335
Thence North 64-10-01 East, a distance of 564.5414
Thence North 48-25-39 East, a distance of 770.2680
Thence North 02-42-04 West, a distance of 363.4037
Thence North 07-15-13 East, a distance of 494.0156
Thence South 82-00-37 East, a distance of 544.5357
Thence North 23-34-36 East, a distance of 248.7655
Thence North 08-21-28 West, a distance of 257.9899
Thence North 12-57-56 West, a distance of 211.7095
Thence North 39-05-14 East, a distance of 188.3414
Thence South 59-36-44 East, a distance of 294.3064
Thence South 29-40-15 East, a distance of 384.3301
Thence North 77-27-50 East, a distance of 214.2324
Thence South 37-11-16 East, a distance of 340.4048
Thence South 29-37-50 East, a distance of 310.4751
Thence North 63-11-55 East, a distance of 298.2940
Thence North 54-27-48 East, a distance of 484.6434
Thence North 53-19-04 East, a distance of 504.0777
Thence North 70-16-43 East, a distance of 313.3817
Thence North 68-19-13 East, a distance of 338.7091
Thence South 79-55-46 East, a distance of 321.3256
Thence South 88-11-10 East, a distance of 260.6306
Thence South 88-14-05 East, a distance of 365.1733
Thence South 61-32-01 East, a distance of 235.8955
Thence South 69-37-59 East, a distance of 332.4058
Thence South 71-22-52 East, a distance of 548.3222
Thence South 13-09-09 East, a distance of 219.1868
14.B.
Exhibit G – Description of the Water Management Plan Area Thence South 22-05-36 East, a distance of 405.4599
Thence South 35-25-24 East, a distance of 265.9093
Thence South 61-31-13 East, a distance of 235.9251
Thence North 09-57-27 East, a distance of 320.9599
Thence North 12-08-01 West, a distance of 709.4744
Thence North 05-00-10 West, a distance of 533.2184
Thence North 31-28-03 East, a distance of 304.8291
Thence North 62-04-26 East, a distance of 534.2079
Thence North 76-04-08 East, a distance of 380.0540
Thence North 50-36-14 East, a distance of 898.3854
Thence South 60-30-43 East, a distance of 295.9651
Thence South 09-03-18 East, a distance of 874.4608
Thence South 42-03-39 West, a distance of 1049.7552
Thence South 33-04-47 East, a distance of 305.9692
Thence South 00-25-20 West, a distance of 424.0115
Thence South 08-41-25 West, a distance of 175.3885
Thence South 18-57-27 West, a distance of 88.8830
Thence South 00-37-56 West, a distance of 158.5727
Thence South 02-24-11 West, a distance of 420.3696
Thence South 10-51-56 West, a distance of 218.1612
Thence South 23-17-39 West, a distance of 1081.6711
Thence South 22-14-55 West, a distance of 282.6016
Thence South 09-56-34 West, a distance of 642.1445
Thence South 00-36-30 West, a distance of 423.7739
Thence South 05-36-43 East, a distance of 480.6166
Thence South 34-07-27 East, a distance of 457.6755
Thence South 43-22-35 East, a distance of 525.6352
Thence South 43-21-59 East, a distance of 468.2066
Thence South 86-51-47 East, a distance of 194.1659
Thence North 13-02-05 West, a distance of 207.2779
Thence North 31-29-15 East, a distance of 304.8943
Thence South 28-28-33 East, a distance of 429.1724
Thence South 00-37-56 West, a distance of 101.9432
Thence South 00-34-18 West, a distance of 162.8831
Thence South 79-04-14 West, a distance of 215.9165
Thence South 16-16-25 East, a distance of 365.7800
Thence South 29-40-24 East, a distance of 310.3196
Thence South 00-36-30 West, a distance of 211.8869
Thence South 11-46-39 West, a distance of 268.8469
Thence South 34-06-24 East, a distance of 457.6575
Thence South 32-18-47 East, a distance of 383.7376
Thence South 05-00-57 East, a distance of 533.2921
Thence South 18-52-51 West, a distance of 332.5833
Thence South 34-14-57 West, a distance of 564.8157
Thence South 62-30-45 West, a distance of 350.7168
Thence South 27-53-02 East, a distance of 1292.0070
Thence South 26-38-27 East, a distance of 844.3959
Thence South 35-16-45 East, a distance of 1398.9888
Thence South 43-11-11 East, a distance of 1392.1514
Thence South 42-14-40 East, a distance of 491.7866
Thence North 45-24-07 East, a distance of 151.1478
Thence South 77-29-31 East, a distance of 410.3647
Thence South 18-02-51 East, a distance of 181.1631
Thence South 39-21-33 East, a distance of 223.9113
Thence South 33-18-20 East, a distance of 206.6998
Thence South 00-25-39 West, a distance of 167.5677
14.B.
Exhibit G – Description of the Water Management Plan Area Thence South 54-42-30 East, a distance of 111.6424
Thence South 50-39-25 East, a distance of 838.8686
Thence North 11-47-14 West, a distance of 130.9483
Thence North 07-43-40 West, a distance of 202.6535
Thence North 00-24-22 East, a distance of 229.3178
Thence North 00-25-00 East, a distance of 171.8795
Thence North 37-17-40 East, a distance of 143.3793
Thence South 83-52-17 East, a distance of 288.0212
Thence South 35-07-26 East, a distance of 246.5899
Thence South 57-35-35 East, a distance of 270.2065
Thence South 66-24-50 East, a distance of 218.3676
Thence South 84-22-46 East, a distance of 316.5217
Thence South 67-45-17 East, a distance of 154.3641
Thence South 60-13-50 East, a distance of 526.0466
Thence South 30-34-27 East, a distance of 334.2156
Thence South 20-07-23 East, a distance of 244.8868
Thence South 21-23-16 East, a distance of 463.0777
Thence South 26-09-54 East, a distance of 192.1947
Thence South 37-28-06 East, a distance of 326.7182
Thence South 31-11-18 East, a distance of 437.6249
Thence South 36-28-24 East, a distance of 429.8103
Thence South 32-03-48 East, a distance of 373.6888
Thence South 38-14-10 East, a distance of 366.9793
Thence South 26-09-29 East, a distance of 448.5666
Thence South 26-08-48 East, a distance of 256.4284
Thence South 28-11-19 East, a distance of 359.0890
Thence South 27-53-11 East, a distance of 423.0643
Thence South 28-12-22 East, a distance of 359.1480
Thence South 32-03-30 East, a distance of 373.7422
Thence South 44-37-29 East, a distance of 80.9655
Thence North 18-52-20 East, a distance of 181.2433
Thence North 00-24-01 East, a distance of 143.1905
Thence North 14-50-58 West, a distance of 326.7890
Thence North 05-18-17 West, a distance of 287.9834
Thence North 00-24-59 East, a distance of 258.0698
Thence North 53-33-00 East, a distance of 143.2788
Thence North 84-41-51 East, a distance of 288.1079
Thence South 51-43-06 East, a distance of 326.7620
Thence South 44-34-21 East, a distance of 527.0298
Thence South 31-11-28 East, a distance of 437.3463
Thence South 33-58-56 East, a distance of 659.7382
Thence South 38-14-14 East, a distance of 550.5564
Thence South 63-00-06 East, a distance of 384.5311
Thence South 38-59-18 East, a distance of 1038.4843
Thence South 15-17-56 East, a distance of 952.6996
Thence South 55-56-23 East, a distance of 206.5605
Thence South 55-53-00 East, a distance of 516.8216
Thence South 38-53-16 East, a distance of 407.1779
Thence South 16-56-09 East, a distance of 1441.3852
Thence South 07-11-08 East, a distance of 433.7182
Thence South 21-02-16 East, a distance of 862.1560
Thence South 27-40-23 East, a distance of 487.1621
Thence South 26-09-29 East, a distance of 448.5666
Thence South 45-22-28 West, a distance of 81.1422
Thence South 06-42-29 East, a distance of 231.1453
Thence South 20-08-17 East, a distance of 244.7103
14.B.
Exhibit G – Description of the Water Management Plan Area Thence South 09-04-03 East, a distance of 174.4926
Thence South 09-02-24 East, a distance of 174.2271
Thence South 07-43-40 East, a distance of 202.6525
Thence South 00-24-00 West, a distance of 286.5700
Thence South 14-49-32 East, a distance of 326.8170
Thence South 00-24-00 West, a distance of 286.5070
Thence South 21-21-44 East, a distance of 154.4223
Thence South 13-37-15 East, a distance of 236.2051
Thence South 13-38-35 East, a distance of 236.3570
Thence South 15-31-50 East, a distance of 208.6814
Thence South 22-46-58 East, a distance of 218.2129
Thence South 22-46-35 East, a distance of 218.2700
Thence South 55-52-57 East, a distance of 206.7006
Thence South 78-16-53 East, a distance of 146.1716
Thence North 79-05-28 East, a distance of 292.2816
Thence North 74-28-54 East, a distance of 208.6048
Thence North 82-16-12 East, a distance of 202.5910
Thence South 89-35-39 East, a distance of 229.3808
Thence South 80-06-19 East, a distance of 174.2164
Thence North 22-12-54 East, a distance of 154.3976
Thence North 26-07-54 West, a distance of 192.1396
Thence North 36-27-45 West, a distance of 286.6826
Thence North 41-34-35 West, a distance of 385.5748
Thence North 26-08-54 West, a distance of 384.3343
Thence North 13-37-11 West, a distance of 354.5964
Thence North 24-22-44 West, a distance of 410.3376
Thence North 18-00-48 West, a distance of 362.5852
Thence North 12-07-44 West, a distance of 264.1464
Thence North 05-55-46 West, a distance of 519.0893
Thence North 00-24-59 East, a distance of 429.9494
Thence North 02-18-24 West, a distance of 602.4882
Thence North 02-04-24 West, a distance of 659.9320
Thence North 02-05-06 West, a distance of 659.6867
Thence North 25-08-41 West, a distance of 730.7479
Thence North 42-06-19 West, a distance of 466.4456
Thence North 19-15-13 West, a distance of 426.0813
Thence North 02-57-04 West, a distance of 488.0222
Thence North 00-24-41 East, a distance of 487.3876
Thence North 00-25-30 East, a distance of 286.5709
Thence North 19-34-09 West, a distance of 335.5043
Thence North 34-05-50 West, a distance of 556.3259
Thence North 22-12-56 West, a distance of 745.1916
Thence North 23-12-25 West, a distance of 500.5652
Thence North 06-43-37 West, a distance of 462.0560
Thence North 10-53-48 West, a distance of 292.2697
Thence North 00-25-22 East, a distance of 372.6971
Thence North 00-24-28 East, a distance of 544.3888
Thence North 00-24-21 East, a distance of 458.6995
Thence North 13-37-02 West, a distance of 472.5327
Thence North 16-18-14 West, a distance of 299.2196
Thence North 06-09-17 East, a distance of 287.9729
Thence North 63-49-21 East, a distance of 256.2870
Thence North 63-49-04 East, a distance of 192.3620
Thence South 89-35-15 East, a distance of 286.5074
Thence South 72-52-12 East, a distance of 299.4071
Thence South 36-27-54 East, a distance of 286.4572
14.B.
Exhibit G – Description of the Water Management Plan Area Thence South 63-00-19 East, a distance of 320.4094
Thence South 87-05-43 East, a distance of 659.8478
Thence South 87-18-26 East, a distance of 717.0418
Thence North 78-19-20 East, a distance of 410.3691
Thence North 86-20-49 East, a distance of 402.1922
Thence North 75-28-47 East, a distance of 444.9628
Thence North 68-35-42 East, a distance of 463.0656
Thence South 89-35-15 East, a distance of 573.1398
Thence North 74-30-26 East, a distance of 208.7087
Thence North 67-12-39 East, a distance of 218.1548
Thence North 40-38-39 East, a distance of 488.2085
Thence North 56-43-24 East, a distance of 309.9471
Thence North 82-49-48 East, a distance of 433.6411
Thence South 64-49-28 East, a distance of 410.3555
Thence South 79-35-09 East, a distance of 494.7756
Thence South 51-42-35 East, a distance of 326.8004
Thence South 67-19-51 East, a distance of 681.2553
Thence South 53-53-05 East, a distance of 1129.4102
Thence South 36-27-09 East, a distance of 573.2902
Thence South 69-38-11 East, a distance of 335.3323
Thence North 82-19-37 East, a distance of 202.6898
Thence North 75-09-58 East, a distance of 326.6362
Thence South 86-44-29 East, a distance of 573.9280
Thence South 44-35-15 East, a distance of 405.2711
Thence South 54-53-15 East, a distance of 453.2260
Thence South 26-08-48 East, a distance of 256.4275
Thence South 70-17-49 East, a distance of 607.3060
Thence South 72-29-09 East, a distance of 389.8210
Thence South 57-07-23 East, a distance of 373.7322
Thence South 78-17-20 East, a distance of 292.2079
Thence North 60-38-50 East, a distance of 231.0356
Thence North 63-52-05 East, a distance of 192.2792
Thence North 63-50-06 East, a distance of 256.2596
Thence North 33-14-52 West, a distance of 103.2813
Thence North 73-39-56 West, a distance of 208.6728
Thence North 83-14-16 West, a distance of 259.5556
Thence North 83-52-07 West, a distance of 287.8969
Thence North 38-15-29 West, a distance of 183.7039
Thence North 31-36-33 West, a distance of 270.2132
Thence North 06-40-38 West, a distance of 231.1308
Thence North 31-21-38 East, a distance of 167.1723
Thence North 36-29-06 West, a distance of 286.5315
Thence North 52-43-48 West, a distance of 143.2535
Thence North 12-07-13 West, a distance of 264.3292
Thence North 00-26-14 East, a distance of 229.3817
Thence North 49-48-32 East, a distance of 264.1064
Thence North 63-50-04 East, a distance of 64.2044
Thence North 81-00-14 East, a distance of 174.2687
Thence North 37-17-40 East, a distance of 143.3793
Thence North 11-41-40 East, a distance of 146.1588
Thence North 00-22-29 East, a distance of 114.6895
Thence North 44-33-45 West, a distance of 162.1090
Thence North 54-04-38 West, a distance of 246.5087
Thence North 74-39-06 West, a distance of 444.8663
Thence North 55-53-48 West, a distance of 206.6659
Thence North 81-26-16 West, a distance of 202.7599
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 89-35-15 West, a distance of 286.5074
Thence South 60-39-45 West, a distance of 231.1446
Thence South 75-28-47 West, a distance of 444.9625
Thence South 84-04-11 West, a distance of 259.5139
Thence North 74-39-14 West, a distance of 889.8532
Thence North 37-28-30 West, a distance of 326.6682
Thence North 60-56-43 West, a distance of 359.0601
Thence North 51-42-35 West, a distance of 326.8004
Thence North 74-40-45 West, a distance of 444.9374
Thence North 78-16-36 West, a distance of 584.4413
Thence North 59-50-38 West, a distance of 462.3204
Thence North 41-12-16 West, a distance of 345.1619
Thence North 36-28-24 West, a distance of 429.8103
Thence North 44-33-45 West, a distance of 324.2179
Thence North 78-17-37 West, a distance of 292.3305
Thence North 82-27-35 West, a distance of 230.9974
Thence North 85-45-59 West, a distance of 430.9259
Thence North 74-51-11 West, a distance of 563.0613
Thence South 86-51-26 West, a distance of 459.4410
Thence South 66-26-36 West, a distance of 282.2731
Thence North 87-12-58 West, a distance of 688.4375
Thence North 66-44-39 West, a distance of 590.7479
Thence North 71-08-45 West, a distance of 815.7709
Thence North 61-17-05 West, a distance of 423.1666
Thence North 75-34-27 West, a distance of 472.6522
Thence North 86-00-24 West, a distance of 459.4906
Thence North 54-52-19 West, a distance of 453.1594
Thence North 77-03-58 West, a distance of 792.7378
Thence North 64-34-10 West, a distance of 474.3353
Thence North 69-21-42 West, a distance of 580.3709
Thence North 65-57-27 West, a distance of 500.4138
Thence North 48-24-23 West, a distance of 914.0925
Thence North 48-58-47 West, a distance of 528.5110
Thence North 26-09-15 West, a distance of 576.8086
Thence North 28-38-22 West, a distance of 294.9630
Thence North 05-55-05 West, a distance of 259.4447
Thence North 39-03-22 East, a distance of 183.5086
Thence North 08-32-50 East, a distance of 202.6892
Thence North 18-02-29 West, a distance of 181.2221
Thence North 44-34-49 West, a distance of 283.6904
Thence North 16-56-18 West, a distance of 480.5332
Thence North 26-57-57 East, a distance of 63.9531
Thence North 26-59-06 East, a distance of 320.3812
Thence North 00-24-56 East, a distance of 86.1903
Thence North 13-36-07 West, a distance of 117.9965
Thence North 55-53-15 West, a distance of 103.4197
Thence North 80-07-57 West, a distance of 348.6579
Thence South 83-19-15 West, a distance of 231.0682
Thence South 71-56-46 West, a distance of 181.3012
Thence North 89-35-15 West, a distance of 286.5074
Thence North 65-37-31 West, a distance of 282.2862
Thence North 21-24-19 West, a distance of 154.4679
Thence North 00-25-00 East, a distance of 257.8188
Thence North 50-35-45 East, a distance of 223.8940
Thence North 72-00-09 East, a distance of 362.4866
Thence North 77-51-49 East, a distance of 264.2818
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 51-44-27 East, a distance of 367.0951
Thence North 54-54-11 East, a distance of 246.4308
Thence North 56-41-40 East, a distance of 310.0497
Thence North 62-07-05 East, a distance of 423.2595
Thence North 06-43-28 East, a distance of 259.4095
Thence North 21-22-37 West, a distance of 617.2803
Thence North 23-33-48 West, a distance of 282.3551
Thence North 89-33-45 West, a distance of 114.6283
Thence North 89-35-22 West, a distance of 401.2603
Thence South 69-51-30 West, a distance of 244.8490
Thence South 60-09-01 West, a distance of 398.0591
Thence South 54-23-11 West, a distance of 389.9315
Thence South 54-22-33 West, a distance of 389.8293
Thence South 61-48-41 West, a distance of 359.0890
Thence South 84-03-32 West, a distance of 259.6446
Thence North 89-35-15 West, a distance of 286.5074
Thence North 57-07-23 West, a distance of 373.7322
Thence North 00-24-59 East, a distance of 258.0698
Thence North 30-40-48 East, a distance of 398.0960
Thence North 00-23-59 East, a distance of 143.3785
Thence North 18-00-35 West, a distance of 90.5622
Thence North 40-11-02 West, a distance of 264.2419
Thence North 65-07-41 West, a distance of 346.2386
Thence North 83-15-30 West, a distance of 519.0892
Thence North 44-35-39 West, a distance of 324.3934
Thence North 60-59-24 West, a distance of 359.0481
Thence North 30-30-56 West, a distance of 167.1519
Thence North 18-02-29 West, a distance of 362.4451
Thence North 00-25-00 East, a distance of 171.9425
Thence North 53-32-05 East, a distance of 286.7694
Thence North 79-07-22 East, a distance of 292.1233
Thence South 89-35-23 East, a distance of 200.6301
Thence South 84-48-57 East, a distance of 345.1619
Thence South 50-18-17 East, a distance of 407.2701
Thence South 44-36-07 East, a distance of 324.3485
Thence South 47-35-44 East, a distance of 385.4597
Thence South 47-57-26 East, a distance of 345.2181
Thence South 50-18-41 East, a distance of 407.2305
Thence South 65-07-08 East, a distance of 346.2647
Thence South 85-11-02 East, a distance of 373.6944
Thence South 89-35-12 East, a distance of 372.6347
Thence North 70-25-25 East, a distance of 335.3866
Thence North 67-14-11 East, a distance of 218.3853
Thence North 32-23-49 East, a distance of 270.3989
Thence North 00-24-59 East, a distance of 344.0091
Thence North 06-44-46 West, a distance of 230.9107
Thence North 37-17-40 East, a distance of 286.7579
Thence North 00-23-34 East, a distance of 200.5677
Thence North 00-23-58 East, a distance of 143.4405
Thence North 54-03-04 West, a distance of 493.0265
Thence North 79-16-58 West, a distance of 640.9295
Thence North 85-45-54 West, a distance of 430.8012
Thence North 74-20-13 West, a distance of 653.5178
Thence North 71-09-25 West, a distance of 543.7674
Thence North 53-33-23 West, a distance of 779.7344
Thence North 26-08-55 West, a distance of 768.9482
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 21-24-02 West, a distance of 617.3128
Thence North 04-14-31 East, a distance of 430.9305
Thence North 42-24-18 East, a distance of 385.5473
Thence North 41-00-36 East, a distance of 264.2145
Thence North 30-08-41 East, a distance of 230.9893
Thence North 07-43-31 West, a distance of 202.7149
Thence North 40-45-25 West, a distance of 304.6257
Thence North 70-17-49 West, a distance of 607.3060
Thence North 55-54-46 West, a distance of 310.0155
Thence North 26-09-10 West, a distance of 256.3718
Thence North 00-27-01 East, a distance of 143.1924
Thence North 14-27-19 East, a distance of 118.1782
Thence North 00-23-59 East, a distance of 143.3785
Thence North 54-03-37 West, a distance of 246.4075
Thence North 81-58-34 West, a distance of 433.8727
Thence North 77-04-54 West, a distance of 264.1866
Thence North 37-26-54 West, a distance of 326.8667
Thence North 00-25-42 East, a distance of 200.6306
Thence North 00-24-14 East, a distance of 372.5092
Thence North 15-40-06 East, a distance of 326.7674
Thence North 16-21-03 East, a distance of 208.6903
Thence North 35-24-20 East, a distance of 349.7396
Thence North 63-50-04 East, a distance of 64.2044
Thence North 63-50-50 East, a distance of 256.3718
Thence North 56-43-24 East, a distance of 309.9471
Thence North 53-33-00 East, a distance of 286.5577
Thence North 76-22-18 East, a distance of 945.3672
Thence North 52-15-15 East, a distance of 510.2846
Thence North 66-11-52 East, a distance of 628.5904
Thence North 74-26-54 East, a distance of 625.9155
Thence North 58-25-38 East, a distance of 270.2542
Thence South 85-01-19 East, a distance of 718.8363
Thence South 63-01-36 East, a distance of 384.4457
Thence South 66-20-26 East, a distance of 218.3532
Thence South 69-03-13 East, a distance of 244.9364
Thence North 83-16-16 East, a distance of 230.9660
Thence North 53-34-47 East, a distance of 143.3794
Thence South 84-23-40 East, a distance of 949.5407
Thence South 56-51-35 East, a distance of 476.9601
Thence South 58-35-04 East, a distance of 167.2702
Thence North 84-03-22 East, a distance of 519.0406
Thence North 56-46-52 East, a distance of 103.2473
Thence North 58-23-45 East, a distance of 270.4916
Thence North 71-54-54 East, a distance of 90.6009
Thence South 89-35-01 East, a distance of 172.0045
Thence South 74-03-10 East, a distance of 535.4830
Thence South 44-34-13 East, a distance of 324.1737
Thence South 33-18-20 East, a distance of 310.0497
Thence South 20-36-19 East, a distance of 399.2270
Thence South 47-58-49 East, a distance of 345.0929
Thence South 53-33-09 East, a distance of 389.8856
Thence South 76-35-51 East, a distance of 764.7010
Thence South 81-44-01 East, a distance of 838.9669
Thence South 77-41-35 East, a distance of 556.5393
Thence South 84-08-48 East, a distance of 1209.1792
Thence South 87-06-12 East, a distance of 1319.5612
14.B.
Exhibit G – Description of the Water Management Plan Area Thence North 82-17-20 East, a distance of 607.8717
Thence South 89-35-38 East, a distance of 458.6365
Thence North 68-02-09 East, a distance of 526.8664
Thence North 76-22-18 East, a distance of 472.6836
Thence North 76-23-14 East, a distance of 590.8480
Thence South 89-35-37 East, a distance of 114.5029
Thence North 56-42-13 East, a distance of 103.4884
Thence North 63-53-06 East, a distance of 128.0747
Thence North 45-25-36 East, a distance of 243.2076
Thence North 29-27-11 East, a distance of 295.1445
Thence North 41-00-36 East, a distance of 264.2145
Thence South 89-35-37 East, a distance of 114.6279
Thence North 82-16-29 East, a distance of 202.7149
Thence South 89-35-00 East, a distance of 257.8818
Thence South 83-52-26 East, a distance of 288.1455
Thence South 52-40-48 East, a distance of 143.1916
Thence South 30-33-09 East, a distance of 167.2154
Thence South 09-52-16 West, a distance of 174.2679
Thence South 30-08-41 West, a distance of 230.9893
Thence South 22-12-22 West, a distance of 154.4560
Thence South 00-26-15 West, a distance of 229.1317
Thence South 00-23-59 West, a distance of 143.3785
Thence South 26-09-10 East, a distance of 384.5573
Thence South 30-33-01 East, a distance of 334.2063
Thence South 47-04-25 East, a distance of 466.5541
Thence South 59-51-47 East, a distance of 462.0867
Thence South 66-04-10 East, a distance of 718.7888
Thence South 60-34-06 East, a distance of 295.0830
Thence South 36-26-24 East, a distance of 429.9371
Thence South 38-16-32 East, a distance of 183.4302
Thence South 50-55-44 East, a distance of 367.0959
Thence South 80-07-32 East, a distance of 522.9976
Thence South 83-14-16 East, a distance of 259.5556
Thence South 89-35-00 East, a distance of 343.8841
Thence North 59-26-40 East, a distance of 167.0758
Thence North 60-38-50 East, a distance of 231.0356
Thence North 66-27-54 East, a distance of 282.3629
Thence North 63-51-05 East, a distance of 192.3069
Thence South 89-35-22 East, a distance of 200.5051
Thence South 44-36-00 East, a distance of 202.5910
Thence South 18-01-23 East, a distance of 181.4008
Thence South 13-38-22 East, a distance of 236.4173
Thence South 03-58-18 East, a distance of 373.5851
Thence South 10-53-48 East, a distance of 292.2697
Thence South 22-46-58 East, a distance of 218.2120
Thence South 31-34-53 East, a distance of 270.4261
Thence South 39-24-51 East, a distance of 223.8461
Thence North 76-20-46 East, a distance of 118.0872
Thence North 68-37-46 East, a distance of 154.3636
Thence North 18-52-43 East, a distance of 181.1847
Thence North 26-57-53 East, a distance of 256.3714
Thence North 18-50-39 East, a distance of 362.6232
Thence North 36-25-57 East, a distance of 389.8114
Thence North 45-25-49 East, a distance of 364.7890
Thence North 58-48-12 East, a distance of 437.5179
Thence North 73-54-12 East, a distance of 807.0133
14.B.
Exhibit G – Description of the Water Management Plan Area Thence South 89-35-13 East, a distance of 372.6347
Thence South 70-07-37 East, a distance of 516.6417
Thence South 57-26-00 East, a distance of 1184.7900
Thence South 42-06-12 East, a distance of 933.1152
Thence South 68-33-43 East, a distance of 399.1137
Thence South 44-35-55 East, a distance of 283.7774
Thence South 68-32-12 East, a distance of 399.1825
Thence South 71-10-13 East, a distance of 453.1256
Thence South 86-24-01 East, a distance of 516.6443
Thence South 63-00-36 East, a distance of 256.2886
Thence South 47-57-26 East, a distance of 345.2181
Thence South 61-08-28 East, a distance of 782.1325
Thence South 53-20-23 East, a distance of 533.2286
Thence South 58-37-21 East, a distance of 835.5739
Thence South 44-35-29 East, a distance of 526.8518
Thence South 68-43-27 East, a distance of 644.0187
Thence South 60-46-50 East, a distance of 654.2487
Thence South 56-28-54 East, a distance of 786.8458
Thence South 34-42-45 East, a distance of 946.2958
Thence South 31-35-39 East, a distance of 1081.5570
Thence South 24-47-42 East, a distance of 1076.9010
Thence South 09-02-24 East, a distance of 174.2261
Thence South 10-53-23 East, a distance of 292.4543
Thence South 29-50-59 East, a distance of 398.0591
Thence South 54-01-30 East, a distance of 246.5173
Thence South 55-54-06 East, a distance of 206.8047
Thence South 39-23-59 East, a distance of 223.7180
Thence South 35-07-27 East, a distance of 246.5891
Thence South 49-48-18 East, a distance of 223.7016
Thence South 71-06-40 East, a distance of 272.0239
Thence South 82-30-21 East, a distance of 230.9730
Thence South 89-35-39 East, a distance of 114.6279
Thence South 78-15-28 East, a distance of 146.1842
Thence South 63-02-06 East, a distance of 192.2788
Thence South 62-57-36 East, a distance of 128.1311
Thence North 00-22-28 East, a distance of 57.3762
Thence North 30-32-53 West, a distance of 166.9909
Thence North 36-27-13 West, a distance of 430.0114
Thence North 55-53-59 West, a distance of 309.9120
Thence North 29-50-11 West, a distance of 398.2213
Thence North 16-42-00 West, a distance of 389.7520
Thence North 03-40-13 West, a distance of 402.2620
Thence North 34-06-00 East, a distance of 310.1378
Thence South 89-35-37 East, a distance of 114.6279
Thence South 89-35-00 East, a distance of 257.8818
Thence South 33-18-20 East, a distance of 103.3499
Thence South 50-17-04 East, a distance of 407.3895
Thence South 83-51-32 East, a distance of 288.0279
Thence South 63-02-07 East, a distance of 192.2783
Thence South 58-09-42 East, a distance of 604.5925
Thence South 59-00-31 East, a distance of 732.2881
Thence North 85-12-37 East, a distance of 316.6057
Thence South 89-35-00 East, a distance of 343.8841
Thence South 79-34-59 East, a distance of 494.6526
Thence North 51-42-18 West, a distance of 326.6633
Thence North 53-35-56 West, a distance of 82.4656