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RiversideCA.gov
THE 1969 JUDGMENT & RIVERSIDE’S WATER RIGHTSCity Council MeetingDecember 3, 2024City Attorney’s Office & Public Utilities RiversideCA.gov2
1. The community of Riverside started diverting flows from the Santa Ana River in 1871. In 1886, Gage Canal Co. began bringing water from Bunker Hill through the Gage Canal.2. As the Community and Watershed flourished in the 1900s, water security and water development became increasingly important.3. 1945, Start of a 20-year drought4. 1951, Orange County Water District (OCWD) filed suit against San Bernardino, Riverside, Redlands & Colton claiming they were responsible for surface flow declines5. 1957, court sided with OCWD & after appeal process in 1961, the court ordered limits on water use.EVENTS LEADING TO THE 1969 JUDGMENT1 2 11/21/2024
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1. 1963, Western Municipal Water District (Western) on behalf of the Riverside entities filed suit against San Bernardino entities seeking an adjudication of water rights within the SBBA(San Bernardino Basin Area) as a result of increasing withdrawals in the basin.2. 1963, OCWD filed a complaint seeking an adjudication of water rights against water users in the area tributary to Prado Dam.3. By 1968, 13 cross-complaints were filed extending the adjudication to the area downstream of Prado and including 4,000 parties throughout the watershed.a. Western represented Riverside entities, OCWD represented Orange County entities, San Bernardino Valley District(Valley) represented San Bernardino entities & Inland Empire Utilities Authority (IEUA) represented Chino Basin entities4. April 17, 1969, Settlement reached in both the Western-San Bernardino suit and the Orange County suit.EVENTS LEADING TO THE 1969 JUDGMENT RiversideCA.gov4
1. City Council presentations/workshops:a. Generally, 10 minutes or lessb. Employee Recognition, 5 minutes or lessc. External presenters, max of 10 slides & 10 minutes or less2. Board & Committee - concise without a time expectationDISCUSSION SUBTITLE 3 4
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1. Implemented by a 5-member Watermastera. 2 members from OCWD, 1 member from IEUA, 1 member from Western & 1 member from San Bernardino Valley District2. OCWD is entitled to base flow obligations plus all stormflows reaching Prado Dam.3. Base flow obligations are adjusted according to quality (TDS).4. Upper Districts1are enjoined from exporting water from Lower Area2.5. OCWD is enjoined from restraining pumping, exporting, or causing water to flow from upper areas to lower areas. 1. Chino Basin Municipal Water District, Western Municipal Water District, San Bernardino Valley Municipal Water District2. Downstream from PradoORANGE COUNTY JUDGMENT RiversideCA.gov6
1. Obligations reduced if credits available2. Riverside holds a 1968 agreement with Western to commit municipal effluent “wastewater”RIVER BASE FLOW OBLIGATIONS Surface Water Entity Obligation MinimumValley District 15,250 12,420Valley - SBMWD 16,000Valley - Colton 2,450IEUA & WMWD 42,000 34,000IEUA 16,875WMWD - Riverside 15,250 12,420WMWD - Corona 1,625 1,330At Riverside NarrowsSupplemental Agreements At PradoSupplemental AgreementsNumbers are in acre feet per year (afy) 5 6
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1. Determined how surface and groundwater resources in the SBBA would be divided and how the San Bernardino and Riverside entities would comply with their respective Santa Ana River flow obligations under the Orange County Judgment2. Riverside Entities (Plaintiffs) – Represented by Westerna. City of Riverside, Gage Canal, Agua Mansa Water Co, Meeks & Daley Water Co, Riverside Highland Water Co, UC Riverside3. San Bernardino Entities (Non-Plaintiffs) – Represented by San Bernardino Valley Districta. East Valley Water District, West Valley Water District, San Bernardino, Redlands, Colton, Loma Linda, Rialto, Bear Valley Mutual Water Co, Fontana Union Water Co & other overlying water producers WESTERN-SAN BERNARDINO JUDGEMENT RiversideCA.gov8
1. Implemented the physical solution in the Orange County Judgment; determined rights to extract water from SBBA; and established replenishment obligations for areas above Riverside Narrows2. Separated into four “basins” – SBBA, Rialto-Colton, Riverside North and Riverside Southa. Extractions and replenishment obligations vary based on basin3. Base Period Pumping 1959-1963, was used in SBBA, Rialto-Colton, Riverside N. & Riverside S. to establish pumping foundation for Judgment4. Safe Yield established for SBBA in 1971 using hydrology records from 1934 – 1960a. Base period production proportionately reduced to match Safe Yield –Annual Adjusted Rights5. Uses 5-year rolling periods to compare actual pumping volumes to Annual Adjusted Rights and extractionsa. Example: Annual right = 10, or 50 over 5 years Actual: 9,11,10,10,10 = 50WESTERN-SAN BERNARDINO JUDGEMENT7 8 11/21/2024
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1. Annual adjusted right 64,862 afy / 27.95%**a. Riverside 52,199 afy / 22.49% (49,542 afyexport) b. Riverside owns shares in M&D, RHWCo(3,348 afy)c. UCR Agreement (536 afy)2. 30% annual variance allowance3. Enjoined from extracting more than permitted4. New Conservationa. Respective percentage of new conservation water if party contributes proportionate share of costsSAN BERNARDINO BASIN AREA (ART. V & VI)1. Annual right 167,238 afy / 72.05%a. Use within San Bernardino County2. Valley District must replenish with imported water for any extractions greater than permitted3. Accumulates credits from underproduction or excess deliveries4. Receives credit from return flowsPlaintiffs/Western Non-Plaintiffs/Valley District* Numbers represent adjusted rights and do not include New Conservation from Seven Oaks Dam** Percent of Safe Yield RiversideCA.gov10
1. Base period 3,349 afya. Riverside 2,433 afy (2,418 export)b. Riverside owns shares in M&D, 310 afy2. 20% annual variance allowance3. No injunction from higher extractions, replenishment obligations instead4. Western must replenish if extractions exceed base period or annual variance allowance5. Accumulate credits that can be used for replenishment obligationRIALTO-COLTON BASIN (ART. VIII)1. Unlimited extractions provided water level is maintained at key wellsa. Base period 8,235 afy2. Procedures established if levels falla. Include replenishment obligationsb. Transferring extractions between Riverside N.Plaintiffs/Western Non-Plaintiffs/Valley District9 10 11/21/2024
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1. Regulated same as Rialto-Colton Basina. No injunction on extractions, but replenishment obligations established2. Plaintiff Base period 24,120 afya. Riverside 11,656 afy (export 10,902)3. Non-Plaintiff Base period 9,609afyRIVERSIDE NORTH (ART. VIII) RiversideCA.gov12
1. Base period 29,633afy1. Riverside 16,880afy2. 20% annual variance allowance3. No injunction from higher extractions, replenishment obligations instead4. Western must replenish if extractions exceed base period or annual variance allowance5. Accumulate credits that can be used for replenishment obligationRIVERSIDE SOUTH (ART. IX)11 12 11/21/2024
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1. The Rialto-Colton Basin & Riverside Basin can be regulated on a safe yield basis if neededa. Base rights will be determined based on average annual extractions for five-year period ending with 19632. Court retained jurisdiction for key items, such as:a. Review of the hydrologic condition of any/all basins to determine from time to time the natural safe yield of the SBBAb. May proportionally change the adjusted rights and replenishment obligations of each party.c. May review the credit allowed for return flow in the SBBAWESTERN-SAN BERNARDINO JUDGMENT RiversideCA.gov14
1. Court appointed a Watermaster to administer and enforce the Judgmenta. Considered to be an officer of the Court2. Two-person committeea. Western and San Bernardino Valley District each nominate one personb. Subject to Court approval3. Watermaster required to issue annual reportsa. Annual Report of the Western-San Bernardino Watermaster issued every Augusthttps://www.wmwd.com/204/Watermaster-ReportsENFORCEMENT - WATERMASTER13 14 11/21/2024
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1. General rules of interpretation apply to the Judgmenta. Primary goal is to carry out the intention of the partiesb. First review the text of the judgment itself2. Surplus groundwater in the Riverside South Subbasin may be beneficially used by appropriators and overlying landowners3. Government rights cannot be lost to prescriptive usersGENERAL LEGAL PRINCIPLES RiversideCA.gov16
Envision Riverside 2025 Strategic Plan Priority#4 Environmental StewardshipGoal 4.2 – Sustainably manage local water resources to maximize reliability and advance water reuse to ensure safe, reliable and affordable water to our communityCross-Cutting Threads STRATEGIC PLAN ALIGNMENT15
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That the City Council receive an update on the 1969 Judgment and Riverside’s water rights.That the City Council consider waiving the attorney client/work product privilege for the Memoranda dated November 19, 2024, and September 6, 2023.RECOMMENDATIONS17