Agenda packet — Upland City Council, July 27, 2026 (part 5 of 7)

Submittal Table 2-2: Plan Identification
Select One Type of Plan Name of Regional Alliance or RUWMP (Drop Down List)
❑ Individual UWMP
If Water Supplier is also a member of a SB X7-7
Regional Alliance, select name from the drop-down.
❑ Regional Urban Water Management Plan (RUWMP)
AIf Supplier selected RUWMP, select name from the
drop-down.

NOTES:

Page 561 of 1000 ends

Submittal Table 2-3: Supplier Identification
Type of Supplier(select one or both)
❑ Supplier is a wholesale supplier
Supplier is a retail supplier
Fiscal or Calendar Year(select one)
❑ UWMP Tables are in calendar years
UWMP Tables are in fiscal years
If using fiscal years provide month and date that the fiscal year begins (mm/dd)
7/1
Units of measure used in UWMP
- -ct from the drop down list).

Unit AF
DWR NOTES:

Units of measure (AF, CCF, MG) must remain consistent
throughout the UWMP as reported in Submittal Table 2-3.

NOTES:

Page 562 of 1000 ends

Submittal Table 2-4 Retail: Water Supplier Information Exchange Water Code Section 10631(h)
The retail Supplier has informed the following wholesale supplier(s) of projected water use.

Wholesale Water Supplier Name
Add additional rows as needed
Inland Empire Utilites Agency
Water Facilities Authority
Monte Vista Water District
San Antonio Water Company
NOTES:

Page 563 of 1000 ends

Submittal Table 3-1 Retail: Population - Current and Projected Water Code Section 10631(a)
Population . 2030 2035 2040 2045 2050(opt) Served 81,580 82,562 83,543 85,077 86,610 88,143
NOTES:

Page 564 of 1000 ends

Submittal Table 4-1 Retail: Total Uses for Potable and Non-Potable Water — Actual Water Code Section 10631(d)(1)
Use Type 2025 Actual Water Use
Drop down list Additional Description Potable or Non- May select each use multiple times (as needed) Potable These are the only use types that will be Volume (AF) (OPTIONAL)
recognized by the WUEdata online submittal tool Drop down list Add additional rows as needed
Single Family Potable 11,686
Commercial Potable 2,337
Landscape Potable 2,530
Other (optional) Potable 614
Distribution System Water Loss Potable 793
Subtotal Potable 17,960
Subtotal Non-Potable 0
Total 17,960
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.This table identifies the unit of measure selected in Submittal Table 2-3.

NOTES:

Page 565 of 1000 ends

Submittal Table 4-2 Retail: Total Uses for Potable, and Non-Potable Water — Projected Water Code Section 10631(d)(1)
Projected Water Use
Use Type
(Report To the Extent that Records are Available)
Additional Description •
Drop down list
May select each use multiple times (as needed) Potable or Non-Potable These are the only Use Types that will be recognized by (OPTIONAL) 2030(AF) 2035 (AF) 2040(AF) 2045 (AF) 2050 opt(AF) the WUEdata online submittal tool Drop down list Add additional rows as needed.

Single Family Potable 12,038 10,793 9,548 9,720 9,866 •
Single Family Potable 2,498 2,240 1,981 2,017 2,047 Landscape Potable 2,530 2,269 2,007 2,043 2,074 •
Distribution System Water Loss Potable 722 647 572 583 592 •
Other (optional) Recycled Water Non-Potable Subtotal Potable 17,788 15,949 14,108 14,363 14,579 Subtotal Non-Potable 0 0 0 0 0
Total 17,788 15,949 14,108 14,363 14,579
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.This table identifies the unit of measure selected in Submittal Table 2-3.

NOTES: Recycled water was not included in this table in the UWMP; projected recycled water demands are presented in Section 6.4.2. For consistency with DWR's autofill of normal year demand in Table 7-2, recycled water has been incorporated here.

Page 566 of 1000 ends

Submittal Table 4-3 Retail: Inclusion in Water Use Projections Water Code Section 10631 (a), 10631 (d)(4)(A), and 10631 (d)(4)(B) Are Future Water Savings Included in Projections? Yes Drop down list(y/n)
If"Yes" to above, state the section or page number, in the cell to the right, where citations of the codes, ordinances, or otherwise are utilized in demand projections are Section 4.3/
found.

4.2.5 Optional Suppliers may complete Optional Submittal Table 4-4 R to quantify the expected savings.

Are Lower Income Residential Demands Included In Projections? Yes Drop down list(y/n)
Optional If the method for accounting Lower Income Residential Demands has been included, provide page number where this accounting can be found.

DWR NOTES: Additional guidance is provided in Appendix K.

NOTES:

Page 567 of 1000 ends

Submittal Table 4-5 Retail: Water Loss Audit Reporting
Water Code Section 10631(d)(3)(A)
Public Water System ID# Reported Submitted to DWR Water in Table 2-1 R Reporting Period Loss Audit Program (yes/no) Report submittal status for all five years for each Public Water System as available.

Add rows as needed
2020 No
2021 No
CA3610050 2022 No
2023 No
2024 No
DWR NOTES: Suppliers will provide a link to the WUEdata submittals of their Water Loss Audit Reports.

NOTES: 2020 AWWA: Targeting submission 2026
2021 AWWA:Targeting submission 2026
2022 AWWA: Targeting submission 2026
2023 AWWA: Targeting submission 2026
2024 AWWA:Targeting submission 2026

Page 568 of 1000 ends

Submittal Table 4-6 Retail: Progress Towards 2028 Water Loss Standard Water Code Section 10631(d)(3)(C)
Real Water Loss Apparent Water Loss
Public Water Did the Water Board State Water Board Standard Most Recent AWWA Water Loss Audit State Water Board Standard lost Recent AWWA Water Loss Audi System ID# Calculate a Water Loss
Reported in Standard for this Public Number of Units Volume of Total Real Water 2028 ApparentVolume of Total Apparent
Submittal Table 2 1 Water System? (y/n) 2028 Real Water Loss Units for Real Real Loss Units for Apparent Loss Y I (Connections or Miles Loss Per Unit Water Loss Number of Water Loss Per R If no, Supplier will not Standard per Unit per Water Loss (from AWWA Apparent Water (from AWWA Water pp corresponding with per Day Standard per Unit Connections Unit per Day this row. day Drop down list Water Loss Audit) Loss Loss Audit) complete
units selected) (AF) per Day (AF) Add additional rows as needed.

Gallons per Gallons per
Service Service
CA3610050 Yes 26.9 20,826 540.908 23.2 24.9 20,826 821.894 35.2 Connection per Connection per
Day (GPSCD) Day (GPSCD)
Water Board's Calculated Water Loss Standards
DWR NOTES: Units of measure (AF, CCF, MG) for Water Loss MUST remain consistent with units reported in Submittal Table 2-3. The units reported in Submittal Table 2-3 are used in this table's calculations.

NOTES:

Page 569 of 1000 ends

Submittal Table 5-1 Retail: SB X7-7 2020 Target Progress Water Code Section 10608.40
❑ Check the box if the Supplier was not an Urban Water Supplier during or before the 2020 UWMP reporting cycle. Proceed to the next table. - Only for suppliers that did not
meet the Target in 2020
Was Supplier
Regional Did Supplier See DWR NOTES below.

Alliance Target Achieve
part of a merger Actual 2020
or consolidation or Individual 2020 Target GPCD Targeted Actual 2025 Did Supplier since 2020? Target? Reduction for GPCD meet the 2020 Drop down list 2020? (From SB X7-7 Target in Compliance Form) 2025?
Individual
No 220 210 Yes NA
Target
DWR NOTES:

Suppliers calculating a 2025 GPCD will need to complete and submit SB X 7-7 Compliance Tables to verify the use of SB X7-7 Methodologies.

Suppliers that were part of a merger or consolidation since 2020 see Chapter 5 and Appendix P for guidance.

NOTES:

Page 570 of 1000 ends

Submittal Table 6-1 Retail: Groundwater Volume Pumped
Water Code Section 10631(4) and 10631(4)(c)
Check the box if the Supplier does not pump groundwater.

Proceed to the next table.

Check the box if all or part of the groundwater described below is desalinated. (OPTIONAL) Groundwater Type Potable or
Drop Down List Non-Potable Location or Basin Name 2021 (AF) 2022 (AF) 2023 (AF) 2024(AF) 2025 (AF) May use each category (OPTIONAL)
multiple times Drop down list
Add additional rows as needed
Alluvial Basin Potable Chino Basin 2,846 1,873 1,267 1,643 2,220 Alluvial Basin Potable Cucamonga Basin 2,356 2,643 2,413 1,913 2,386 Alluvial Basin Potable Six Basins 2,959 2,082 2,141 2,394 3,589 Total 8,161 6,598 5,821 5,950 8,195
DWR NOTES:

Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.This table identifies the unit of measure selected in Submittal Table 2-3.

NOTES

Page 571 of 1000 ends

Submittal Table 6-2 Retail: Wastewater Collected Within Service Area Water Code Section 10633(a)
Check the box if there is no wastewater collection system.

Proceed to the next table.

Percentage of 2025 service area served by wastewater collection system (OPTIONAL)
Percentage of 2025 service area population served by wastewater collection system (OPTIONAL)
Wastewater Collection Recipient of Collected Wastewater Wastewater Volume of Name of Wastewater Is WWTP Located Volume Metered Treatment Plant
Name of Wastewater Wastewater Collected Within UWMP or Estimated? (WWTP) and Place ID
Collection Agency • from UWMP Service Area? OPTIONAL Number
DropDown List Area 2025 (AF) Drop Down List
Drop down list
Add additional rows as needed
IEUA Carbon Canyon
City of Upland Estimated 5,235 WWRF, Place ID No 259184
Total Wastewater Received from UWMP
Service Area in 2025: 5,235
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.This table identifies the unit of measure selected in Submittal Table 2-3.

Additional Guidance: See Appendix M, Section M.21 for detailed guidance on this table.

NOTES:The row above described Carbon Canyon and RP-1 facilities.

Page 572 of 1000 ends

Submittal Table 6-3 Retail: Wastewater Treatment and Outcomes Within UWMP Service Area Water Code Section 10633(b)
Check the box if no wastewater is treated or disposed of within the UWMP service area.

III
Proceed to the next table.
2025 Outcomes of Treated Wastewater
Does This Plant 2025 Volume of
Treat Wastewater Effluent Discharge that is Wastewater Water Recycled Within Water Recycled Outside of Required Discharge for Delivered to Another Entity for Additional Wastewater Treatment Received from Total 2025 not a Permitted Recycled Generated UWMP Service Area UWMP Service Area Instream Flow Treatment Plant Name and Place ID UWMP Service Volume of (enter data as applicable) (enter data as applicable) Water Use enter data as applicable) (enter data as a Number Outside the Area Water pp ) (enter data as applicable) ( pp ) applicable) DropUWMP Service
down list (As Reported in Treated (AF)
Area? Submittal Table
(OPTIONAL) 6-2 R) (AF)
Drop down list Treatment Level Volume Treatment Level Volume Treatment Level Volume Treatment Level Volume Treatment Level Volume Name of other Drop down list (AF) Drop down list (AF) Drop down list (AF) I Drop down list (AF) Drop down list (AF) entity Add additional rows as needed
IEUA Carbon Canyon
Yes 5,235 5,235 647 - 4,588 0 0 N/A WWRF, Place ID 259184
Total 5,235 5,235 647 0 4,588 0 0 DWR NOTES:

Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.This table identifies the unit of measure selected in Submittal Table 2-3.

IPR: Indirect Potable Reuse would have the treatment level of its end use requirement in the Level of Treatment drop-down.

Additional Guidance:See Appendix M, Section M.21 for detailed guidance on this table.

NOTES:The row above described Carbon Canyon and RP-1 facilities.

Page 573 of 1000 ends

Submittal Table 6-4 Retail: Recycled Water Direct Beneficial Uses Within Service Area Water Code Section 10633 (c),(d),(e)
Check box if recycled water is not used and is not planned for use within the service area of the supplier.The supplier will only complete the column on "Potential Recycled Water El Use" and submit an accompanying narrative on the feasibility of that potential recycled water use.

Name(s) of Facility/ies Producing (Treating)the Recycled Water(OPTIONAL) : IEUA Name of Supplier Operating the Recycled Water Distribution System (OPTIONAL) : City of Chino Hills Volume of Supplemental Water Added in 2025 (OPTIONAL) :

Source of 2025 Supplemental Water (OPTIONAL) :

Potential Recycled Water Use
Potable or Non-Potable
Use Type (after treatment if treated) Additional Information Drop down list (OPTIONAL) (as needed) 2025 (AF) 2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) 2050 (AF) Narrative page number Drop down list Volume (OPTIONAL) Add additional rows as needed
Landscape irrigation (exc golf
Non-Potable Irrigation 647 570 580 590 590 590 590 courses)
Subtotal Potable - - - - - - - Subtotal Non-Potable 647 570 580 590 590 590 590 Total 647 570 580 590 590 590 590 0 DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3. This table identifies the unit of measure selected in Submittal Table 2-3.

Additional Guidance: See Appendix M, Section M.21 for detailed guidance on this table.

Potential recycled water use: a description of the feasibility of these uses must be included in the narrative.

Multiple Producers: If you have multiple recycled water producers, submit a separate table for each.

NOTES:

Page 574 of 1000 ends

Submittal Table 6-5 Retail: 2020 UWMP Recycled Water Use Projection Compared to 2025 Actual
Water Code Section 10633(e)
heck the box if recycled water was not used in 2025 nor previously I rojected for use in 2020.

Proceed to the next table.

Use Type 2020 Projection 2025 Actual
Drop Down list for 2025 (AF) Use (AF)
Add additional rows as needed
Landscape irrigation (exc golf courses) 703 647
Total 703 647
DWR NOTES:

Units of measure(AF,CCF,MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.This table identifies the unit of measure reported in Submittal Table 2-3 Additional Guidance:See Appendix M,Section M.21 for detailed guidance on this table.

NOTES:

Page 575 of 1000 ends

Submittal Table 6-6 Retail: Methods to Encourage Future Recycled Water Use Water Code Section 10633(f)
Check the box if the Supplier does not plan to expand recycled water use in the future. Supplier will not complete the table below but will provide narrative explanation.

Provide page location of narrative in the UWMP
Planned Implementation Expected Increase in Recycled Name of Action Description Year Water Use (AF) Add additional rows as needed
Total (AF) 0
Unit Conversion to AF 0
DWR NOTES:

Units of measure (AF, CCF, MG) MUST remain consistent with units reported in Submittal Table 2-3.This table identifies the unit of measure selected in Submittal Table 2-3.

The unit conversion to Acre Feet addresses the Water Code's requirement that this value be provided in acre-feet.

NOTES:

Page 576 of 1000 ends

Submittal Table 6-7 Retail: Expected Future Water Supply Projects or Programs Water Code Section 10631(f)
Check the box if there are no expected future water supply projects or programs that provide a quantifiable increase to the agency's water supply.

Proceed to the next table.
❑ Check the box if some or all of the supplier's future water supply projects or programs are not compatible with this table and are described in a narrative format.

Provide page location of narrative in the UWMP
Joint Project with other suppliers?
Expected
Potable or Non-Potable Increase in
Planned Planned for Use in
Name of Future Projects or Additional Description (after treatment if treated) Water Supply Programs Drop Down (as needed) (OPTIONAL) Implementation Year Type to Supplier List If Yes, Supplier Name Year Drop Down List (yes/no) Drop Down list (This may be a range) (AF)
Add additional rows as needed
DWR NOTES:

Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.This table identifies the unit of measure reported in Submittal Table 2-3.

NOTES:

Page 577 of 1000 ends

Submittal Table 6-8 Retail: Water Supplies — Actual
Water Code Section 10631(b)
Water Supply 2025
Drop down list Potable or Non- Total
May use each category multiple Additional Description Potable Entitlement times.These are the only water (as needed) (after treatment if Actual Volume (OPTIONAL) supply categories that will be treated) (AF) See 'DWR recognized by the WUEdata online (OPTIONAL) Notes' below submittal tool Drop Down list (AF)
Add additional rows as needed
Groundwater (not desalinated) Chino Basin Potable 2,220 Groundwater (not desalinated) Cucamonga Basin Potable 2,386 Groundwater (not desalinated) Six Basins Potable 3,589 Surface water(not desalinated) San Antonio Creek Potable 1,902 Purchased or Imported Water Water Facilities Authority Potable 2,783 Purchased or Imported Water San Antonio Water Potable 5,080 Company
Inland Empire Utilities
Recycled Water Non-Potable 647
Agency
Subtotal Potable 17,960 I
Subtotal Non-Potable 647
Total 18,607
DWR NOTES:

Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-

3.This table identifies the unit of measure selected in Submittal Table 2-3.

Total Entitlement: e.g. Water Right, Groundwater Allocation, Contracted Amount.

NOTES:

Page 578 of 1000 ends

J _
Drop down list Additional Potable or Non-Potable 2030 2035 2040 2045 2050 (opt) May use each category multiple Detail on (after treatment if treated) times.These are the only water (OPTIONAL) Total Entitlement Total Entitlement Total Entitlement Total Entitlement Total Entitlement WaterSupply
Reasonably Reasonably Reasonably Reasonably Reasonably supply categories that will be Drop Down list (OPTIONAL) (OPTIONAL) (OPTIONAL) (OPTIONAL) (OPTIONAL) recognized bythe WUEdata online Available Available Available Available Available See 'DWR Notes' See 'DWR Notes' See 'DWR Notes' See 'DWR Notes' See 'DWR Notes' submittal tool Volume (AF) Volume (AF) Volume (AF) Volume (AF) Volume (AF) below (AF) below (AF) below (AF) below (AF) below (AF) Add additional rows as needed
Groundwater(not
desalinated) Chino Basin Potable 5,743 5,743 5,743 5,743 5,743 Groundwater(not Cucamonga
desalinated) Basin Potable 683 683 683 683 683 Groundwater(not
Six Basins Potable 4,122 4,122 4,122 4,122 4,122 desalinated)
Surface water(not San Antonio Potable 2,040 2,040 2,040 2,040 2,040 desalinated) Creek
Water
Purchased or Imported Water Facilities Potable 4,481 4,481 4,481 4,481 4,481 Authority
•
San Antonio
Purchased or Imported Water Water Potable 6,857 6,857 6,857 6,857 6,857 Company
•
Inland
Empire
Recycled Water Non-Potable 570 580 590 590 590 Utilities
Agency
1 Subtotal Potable 23,926 0 23,926 0 23,926 0 23,926 0 23,926 0 Subtotal Non-Potable 570 0 580 0 590 0 590 0 590 0 Total 24,496 0 24,506 0 24,516 0 24,516 0 24,516 0 DWR NOTES:

Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

Total Entitlement: e.g. Water Right, Groundwater Allocation, Contracted Amount.

NOTES:

Page 579 of 1000 ends

Optional Submittal Table 0-1B: Recommended Energy Reporting - SINGLE DELIVERY

PRODUCT - TOTAL UTILITY APPROACH
Water Delivery Product Only for Water Delivery Products Under the drop down list Retail Urban Water Supplier's Operational Control (If delivering more than one type of product Potable recommend using Table 0-1C) Deliveries
Start Date of Reporting Period 1/1/2020
Sum of All Water
End Date of Reporting Period 12/31/2020 Non-Consequential Management
Is upstream embedded energy in the values No Hydropower Processes
reported?
Total Utility
Units of Measure for Water AF See DWR NOTES Hydropower Net Utility Volume of Water Entering Process 18,930 18,930 Energy Consumed (kWh) 12,717,578 12,717,578
Energy Intensity(kWh/vol. converted to MG) 2,062 - 2,062 DWR NOTES:

Total Utility:The volume of water entered in the "Total Utility" column should equal the volume of water entering the distribution system (excluding recycled water); in most cases,this is the total volume calculated in UWMP Table 4-1: 2025 Actual Total Uses for Potable and Non-Potable Water. Note if recycled water is included in your Submittal Table 4-1, you must exclude it from your volume in this table.

Quantity of Self-Generated Renewable Energy
0 kWh
Data Quality (Estimate, Metered Data, Combination of Estimates and Metered Data) Metered Data
Data Quality Narrative:

Energy data provided by SCE, February 2021
Narrative:

Energy consumed is for the conveyance, storage, distribution, and treatment of local surface and groundwater, and storage and distribution of imported water.

NOTES:

Page 580 of 1000 ends

Optional Submittal Table 7-1 Retail: Basis of Water Year Data (Reliability Assessment) Available Supplies if
Year Type Repeats
Base Year Check the box if quantification of available If not using a calendar supplies is not compatible with this table year,type in the last and is provided elsewhere in the UWMP.

Year Type year of the fiscal, Location: [insert location from UWMP] water year,or range
of years,for example,
wateryear2024-2025, Quantification of available supplies is provided in use 2025
this table as either volume only, percent only, or
both.

Volume Available (AF) of Average Supply
Average Year 2012-2025 18,807 100%
Single-Dry Year 2014 22,195 118%
Consecutive Dry Years 1st Year 2012 22,605 120% Consecutive Dry Years 2nd Year 2013 22,510 120% Consecutive Dry Years 3rd Year 2014 22,195 118% Consecutive Dry Years 4th Year 2015 19,824 105% Consecutive Dry Years 5th Year 2016 15,787 84% DWR NOTES: Supplier may use multiple versions of Submittal Table 7-1 R if different water sources have different base years and the supplier chooses to report the base years for each water source separately. If a Supplier uses multiple versions of Submittal Table 7-1 R, in the "Note"section of each submittal table,state that multiple versions of Submittal Table 7-1 R are being used and identify the particular water source that is being reported in each submittal table.

Units of measure(AF,CCF,MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

This table reports the units of measure reported in Submittal Table 2-3.

NOTES:

Page 581 of 1000 ends

Submittal Table 7-2 Retail: Normal Year Supply and Use Comparison Water Code Section 10635 (a)
2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) 2050(AF) Supply totals
(autofill from Submittal Table 6- 23,926 23,926 23,926 23,926 23,926 9 R)
Use totals
(autofill from Submittal Table 4- 17,788 15,949 14,109 14,363 14,578 2 R)
Surplus/(shortfall) 6,138 7,977 9,817 9,563 9,348 OPTIONAL Planned WSCP Actions
WSCP-supply augmentation
benefit
WSCP- use reduction savings
benefit
Revised Surplus/(shortfall)
DWR NOTES: Units of measure(AF,CCF,MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES:

Page 582 of 1000 ends

Submittal Table 7-3 Retail: Single Dry Year Supply and Use Comparison Water Code Section 10635(a)
2030(AF) 2035 (AF) 2040(AF) 2045 (AF) 2050(AF)
Supply totals 20,992 18,821 16,651 16,950 17,204 Use totals 20,992 18,821 16,651 16,950 17,204 Surplus/(shortfall) 0 0 0 0 0
OPTIONAL Planned WSCP Actions
WSCP-supply
augmentation benefit
WSCP- use reduction
savings benefit
Revised Surplus/(shortfall)
DWR NOTES: Units of measure(AF,CCF,MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES

Page 583 of 1000 ends

Submittal Table 7-4 Retail: Multiple Dry Years Supply and Use Comparison Water Code Section 10635(a)
2030 (AF) 2035 (AF) 2040 (AF) 2045 (AF) 2050(AF)
Supply totals 21,380 19,169 16,958 17,263 17,522 Use totals 21,380 19,169 16,958 17,263 17,522 Surplus/(shortfall) 0 0 0 0 0 First year OPTIONAL Planned WSCP Actions
WSCP-supply augmentation benefit
WSCP- use reduction savings benefit
Revised Surplus/(shortfall)
Supply totals 21,290 19,089 16,887 17,191 17,449 Use totals 21,290 19,089 16,887 17,191 17,449 Surplus/(shortfall) 0 0 0 0 0 Second year OPTIONAL WSCP Actions
WSCP-supply augmentation benefit
WSCP- use reduction savings benefit
Revised Surplus/(shortfall)
Supply totals 20,992 18,821 16,651 16,950 17,204 Use totals 20,992 18,821 16,651 16,950 17,204 Surplus/(shortfall) 0 0 0 0 0 Third year OPTIONAL Planned WSCP Actions
WSCP-supply augmentation benefit
WSCP- use reduction savings benefit
Revised Surplus/(shortfall)
Supply totals 18,750 16,811 14,872 15,139 15,367 Use totals 18,750 16,811 14,872 15,139 15,367 Surplus/(shortfall) 0 0 0 0 0 Fourth year OPTIONAL Planned WSCP Actions
WSCP-supply augmentation benefit
WSCP- use reduction savings benefit
Revised Surplus/(shortfall)
Supply totals 14,931 13,387 11,843 12,056 12,237 Use totals 14,931 13,387 11,843 12,056 12,237 Surplus/(shortfall) 0 0 0 0 0 Fifth year OPTIONAL Planned WSCP Actions
WSCP-supply augmentation benefit
WSCP- use reduction savings benefit
Revised Surplus/(shortfall)
DWR NOTES: Units of measure(AF,CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES:

Page 584 of 1000 ends

Submittal Table 7-5 Retail: Five-Year Drought Risk Assessment Water Code Section 10635(b)(3)
2026 Etiii
Total Water Use (AF) 21,545
Total Supplies (AF) 21,545
Surplus/Shortfall w/o WSCP Action 0
OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) WSCP-supply augmentation benefit (AF)
WSCP- use reduction savings benefit (AF)
Revised Surplus/(shortfall)
2027
Total Water Use (AF) 21,414
Total Supplies (AF) 21,414
Surplus/Shortfall w/o WSCP Action 0
OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) WSCP-supply augmentation benefit (AF)
WSCP- use reduction savings benefit (AF)
Revised Surplus/(shortfall)
2028
Total Water Use (AF) 21,073
Total Supplies (AF) 21,073
Surplus/Shortfall w/o WSCP Action 0
I
OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) A
WSCP-supply augmentation benefit (AF)
WSCP- use reduction savings benefit (AF)
Revised Surplus/(shortfall)
.1 l�
Total Water Use (AF) 18,786
Total Supplies (AF) 18,786
Surplus/Shortfall w/o WSCP Action 0
I
OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) A
WSCP-supply augmentation benefit (AF)
WSCP- use reduction savings benefit (AF)
Revised Surplus/(shortfall)
20 Total Water Use (AF) 14,931
Total Supplies (AF) 14,931
Surplus/Shortfall w/o WSCP Action 0

Page 585 of 1000 ends

OPTIONAL Planned WSCP Actions (use reduction and supply augmentation) WSCP-supply augmentation benefit (AF)
WSCP- use reduction savings benefit (AF)
Revised Surplus/(shortfall)
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES:

Page 586 of 1000 ends

Submittal Table 8-1: Cross-reference for Standard vs
Supplier Shortage Levels
Water Code Section 10632(a)(3)(B)
Check the box if the Supplier uses the Standard
❑ six levels of water shortage.

Proceed to the next table.

Standard Suppliers
Percent Shortage Percent
Shortage Shortage
Range Shortage Range
Levels Levels
1 Upto10% 1 Upto10%
2 Up to 20% 2 15-30%
3 Up to 30% 2 15-30%
4 Up to 40% 3 35-50%
5 Up to 50% 3 35-50%
6 >50% 4 >50%
NOTES:

Page 587 of 1000 ends

Submittal Table 8-2 Retail: Supply Augmentation and Other Actions Water Code Section 10632(a)(4)(A),(C) and (E)
No Is the Supplier completing this table using the standard six levels? (yes/no) How much is this going to reduce the
Supply Augmentation Methods and shortage gap?
Shortage Other Actions by Water Supplier Additional Explanation or Reference Level Drop down list Volume or Shortage Gap (OPTIONAL) These are the only categories that will be
accepted by the WUEdata online submittal tool Percentage Reduction Value Drop down (May be a range) (AF)
Add additional rows as needed
1 Other Actions (describe) Percentage up to 10% Operational plan: change in allocation of existing supplies
2 Other Actions (describe) Percentage up to 20% Operational plan: change in allocation of existing supplies
3 Other Actions (describe) Percentage up to 30% Operational plan: change in allocation of existing supplies
4 Other Actions (describe) Percentage up to 40% Operational plan: change in allocation of existing supplies
5 Other Actions (describe) Percentage up to 50% Operational plan: change in allocation of existing supplies
6 Other Actions (describe) Volume up to 4,582 AFY Additional purchases will reduce shortage gap DWR NOTES: Units of measure(AF,CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES: Due to the varied portfolio of supplies available under different operating conditions,the City does not anticipate a shortage of supply until level 6.

Page 588 of 1000 ends

Submittal Table 8-3 Retail: Demand Reduction Actions
Water Code Section 10632(a)(4)(B),(D), and (E)
No Is the Supplier completing this table using the standard six levels? (yes/no) Demand Reduction Actions How much is this going to reduce the shortage Penalty, Charge, or Drop down list Other
Shortage gap? Additional Explanation or Reference These are the only categories that will be
Level (OPTIONAL) Enforcement? accepted by the WUEdata online submittal tool. al Ill Eric Qap For Retail Suppliers Only Select those that apply. Volume or Percentage Reduction Value Drop Down List
Drop down
Add additional rows as needed
1 Percentage Permanent measures Yes 2 Percentage Same as Level 1 plus further outreach/restrictions to achieve 20%savings Yes Landscape- Limit landscape irrigation to
2 Percentage up to 20% Even or odd days depending on address Yes specific days
Other- Prohibit vehicle washing except at
2 Percentage up to 2% Only on designated outdoor water use days and between sundown and noon,with hand held hose with shutoff Yes facilities using recycled or recirculating water nozzle only Other water feature or swimming pool
2 Percentage up to 5% Pool filling only on designated outdoor water use days Yes restriction
Water Features- Restrict water use for
2 Percentage up to 5% Yes decorative water features, such as fountains
Landscape- Prohibit certain types of
2 Percentage up to 5% Irrigation of golf course fairways prohibited unless using recycled water Yes landscape irrigation
2 Other Percentage up to 1% Restrict use of fire hydrants only for emergency and health and safety activites and use for land development Yes 3 Percentage Same as Level 2 plus further outreach/restrictions to achieve 30%savings Yes 4 Percentage Same as Level 3 plus further outreach/restrictions to achieve 30%savings Yes Landscape- Limit landscape irrigation to
4 Percentage up to 25% Limited to Tuesday abd Saturday or Wednesday and Sunday depending on address Yes specific days
Landscape- Limit landscape irrigation to
4 Percentage up to 25% No irrigation between 6am and 1 hour before sundown Yes specific times
5 Percentage Same as Level 4 plus further outreach/restrictions to achieve 50%savings Yes 6 _ Percentage Same as Level 5 plus further outreach/restrictions to achieve more than 50%savings Yes -
Landscape- Limit landscape irrigation to
6 Percentage 50%or greater Limites to 1 day only on Saturday or Sunday depending on address Yes specific days
Other- Prohibit vehicle washing except at
6 Percentage up to 5% Washing vehicles and equipment is prohibited Yes facilities using recycled or recirculating water
DWR NOTES: Units of measure (AF, CCF, MG) must remain consistent throughout the UWMP as reported in Submittal Table 2-3.

NOTES: Each level includes restrictions from the tool box drawer of the previous level.

Page 589 of 1000 ends

Submittal Table 10-1 Retail: Notification to Cities and Counties Water Code Section 10621(b) and 10642
Notice of Public
City Name 60 Day Notice Hearing
Drop Down(yes/no)
Drop Down(yes/no)
Add additional rows as needed
City of Chino Hills Yes Yes
City of Chino Yes Yes
City of Ontario Yes Yes
County Name 60 Day Notice Notice of Public
Drop Down List Drop Down(yes/no) Hearing
Drop Down(yes/no)
Add additional rows as needed
San Bernardino County Yes Yes
NOTES:

Page 590 of 1000 ends

City of Upland DWR Checklist
Appendix B DWR Checklist
2025 Urban Water Management Plan — Public Draft Page 519bof 1000

Water Code Relevant 2025 UWMP Order 2025 Guidebook Location Section Summary as Applies to UWMP Subject Submittal Location Table
A plan shall describe and evaluate sources of supply, reasonable and practical efficient uses, reclamation and demand Section 1 , 1 Chapter 1 10615 management activities. Introduction and overview n/a Section 1.2 Each plan shall include a simple description of the Supplier's plan including water availability, future requirements, a 1 Chapter 1 10630.5 strategy for meeting needs, and other pertinent information. Additionally, a Supplier may also choose to include a simple Plan preparation n/a Section 1.2 description at the beginning of each chapter.

2.1 Section 2.1 10620(b) Every person that becomes a Supplier shall adopt UWMP within one year after it has become a Supplier. Plan preparation n/a Sections 1.1

2.5 Section 2.5 10644 Supplier shall report the Public Water Systems number, volume of delivered water, and number of connections that are Plan preparation 2-1 Section 2.1 included in this UWMP.

2.5 Section 2.5 10644 Supplier shall report if this UWMP is an individual UWMP and whether the Supplier belongs to a regional UWMP or regional Plan preparation 2-2 Section 2.2 alliance.

2.5 Section 2.5 10644 Supplier shall report whether the data is in fiscal or calendar years and the units of measure used for reporting water Plan preparation 2-3 Section 2.2 volumes.

Provide supporting documentation that the Supplier has encourages active involvement of diverse social, cultural, and

2.4 Section 2.4 10642 economic elements of the population within the service area prior to and during the preparation of the plan and Plan preparation n/a Section 2.3 contingency plan.

2.4 Section 2.4.2 10620(d)(3) Coordinate the preparation of its plan with other appropriate agencies in the area, including other Suppliers that share a Plan preparation n/a Section 2.3 common source, water management agencies, and relevant public agencies, to the extent practicable.

2.4 Section 2.4.1 10631(h) Retail Suppliers will include documentation that they have provided their Wholesale Supplier(s)-if any-with water use Plan preparation 2-4 R Section 2.3/ projections from that source. 2.3.1

2.4 Section 2.4.1 10631(h) Wholesale Suppliers will provide their Suppliers with identification and quantification of the existing and planned sources Plan preparation 2-4 W N/A of water available from the Wholesale Supplier to the Supplier during various water year types. 3 Chapter 3.0 10631(a) Describe the Supplier service area. System description n/a Section 3.1/ 3.2

3.3 Section 3.3 10631(a) Describe the climate of the Supplier's service area. System description n/a Section 3.3

3.4 Section 3.4.1 10631(a) Provide the current and projected service area populations for 2030, 2035, 2040, 2045 and optionally 2050. System description 3-1 Section 3.4

3.4 Section 3.4.2 10631(a) Describe other social, economic, and demographic factors affecting the Supplier's water management planning. System description n/a Section 3.4 Describe the land uses within the service area... include the current and projected land uses within the existing or System description and

3.5 Section 3.5 10631(a) anticipated service area affecting the Supplier's water management planning. Describe the land uses within the service baselines n/a Section 3.5 area.

4.2 Sections 4.2.3 and 4.2.4 10631(d)(1) Quantify past, current, and projected water use, identifying the uses among water use sectors. System water use 4-1 and 4-2 Section 4.2

4.3 Section 4.3.1 10631(d)(3)(A) Report the distribution system water loss for each of the five years preceding the plan update. System water use 4-5 Section 4.2.3 _ 4.3 Section 4.3.2 10631(d)(3)(C) Retail Suppliers shall provide data to show the distribution loss standards were met. System water use 4-6 _ Section 4.2.3

4.2 Section 4.2.5.4 10631.1(a) Include projected water use needed for lower income housing projected in the service area of the Supplier. System water use 4-3 Section 4.3

4.2 Section 4.2.5.3 10631(d)(4)(A) In projected water use, include estimates of water savings from adopted codes, plans, and other policies or laws. System water use 4-3 Section 4.3

4.2 Section 4.2.5.3 10631(d)(4)(B) Provide citations of codes, standards, ordinances, or plans used to make water use projections. System water use 4-3 Section 4.2.5 / Section 4.3
To the extent that a Supplier reports the information described in subparagraph (A), an urban water Supplier shall...

4.2 Section 4.2.5.3 10631(d)(4)(B)(ii) Indicate the extent that the water use projections consider savings from codes, standards, ordinances, or transportation System water use 4-3 Section 4.3 and land use plans. Water use projections that do not account for these water savings shall be noted of that fact.

4.2 Section 4.2.5.6 10635(b) Demands under climate change considerations must be included as part of the drought risk assessment. System water use n/a Section 4.4

5.1 Section 5.1 10608.36 Wholesale Suppliers shall include an assessment of present and proposed future measures, programs, and policies to help Baselines and targets n/a N/A their Retail Suppliers achieve targeted water use reductions.

Retail Suppliers shall report on their compliance in meeting their water use targets. Reporting requirements will vary depending on whether the Supplier:
- Was considered an urban retail water supplier in 2020,

5.2 Section 5.2 10608.4 - Met its 2020 target in 2020, or Baselines and targets 5-1 Section 5.1 - Was part of a merger or consolidation since 2020.

Chapter 5 Subsections 5.2.1, 5.2.2, and 5.2.3 address each of these situations.

Page 592 of 1000 ends

Water Code I Relevant 2025 UWMP Order 2025 Guidebook Location Section Summary as Applies to UWMP Subject Submittal Location Table

6.1 Section 6.1 10631(b)(2) 'When multiple sources of water supply are identified, describe the management of each supply in relationship to other System supplies n/a Section 6.1 identified supplies.

Provide a discussion of anticipated supply availability under a normal, single drylasting years,ear and a drou ht five as Sections 6.1,

6.1 Sections 6.1 and 6.2 10631(b)(1) well as more frequent and severe periods of drought, including changes in supply due to climate change.

System supplies n/a 6.9, 6.10 and

7.2.3 Indicate whether groundwater is an existing or planned source of water available to the Supplier. If groundwater is Water supplies and recycled

6.2 Section 6.2.2 10631(b)(4)(C) identified as an existing or planned source of water... (include) a detailed description and analysis of the location, amount 6-1 Section 6.1 and sufficiency of groundwater pumped by the Supplier for the past five years. water

6.2 Section 6.2.2 10631(b)(4)(A) Indicate whether a groundwater sustainability plan or groundwater management plan has been adopted by the Supplier or System supplies n/a Section 6.1 if there is any other specific authorization for groundwater management. Include a copy of the plan or authorization.

6.2 Section 6.2.2 10631(b)(4)(B) 'Describe the groundwater basin. System supplies n/a Section 6.1 Indicate if the basin has been adjudicated and include a copy of the court order or decree and a description of the amount

6.2 Section 6.2.2 10631(b)(4)(B) of water the Supplier has the legal right to pump. System supplies n/a Section 6.1

6.2 Section 6.2.2 10631(b)(4)(B) For unadjudicated basins... (include) information as to whether DWR has identified the basin as a high- or medium-priority Water supplies and recycled n/a N/A basin in the most current official departmental bulletin... _ water

6.2 Section 6.2.2 10631(b)(4)(B) For unadjudicated basins... describe efforts by the Supplier to coordinate with sustainability or groundwater agencies to Water supplies and recycled n/a N/A achieve sustainable groundwater conditions. water

6.2 Section 6.2.2. 10631(b)(4)(C) If groundwater is identified as an existing or planned source of water... (include) a detailed description and analysis of the System supplies n/a Section 6.1 location, amount and sufficiency of groundwater pumped by the Supplier for the past five years.

6.2 Section 6.2.2 10631(b)(4)(D) Provide a detailed description and analysis of the amount and location of groundwater that is projected to be pumped. System supplies 6-9 Section 6.9

6.1 Section 6.1 10631(b) Identify and quantify the existing and planned sources of water available for 2025, 2030, 2035, 2040, 2045 and optionally System supplies 6-8 and 6-9 Section 6.9 2050.

6.2 Section 6.2.7 10631(c) Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis. System supplies n/a Section 6.5 !Describe the wastewater collection and treatment systems in the Supplier's service area with quantified amount of System supplies (recycled

6.2 Section 6.2.5 10633(a) 6-2 Section 6.2 collection and treatment and the disposal methods. water) Describe the quantity of treated wastewater that meets recycled water standards, is being discharged, and is otherwise System supplies (recycled

6.2 Section 6.2.5 10633(b) 6-3 Section 6.2 _ available for use in a recycled water project. - - _water)

6.2 Section 6.2.5 10633(c) Describe the recycled water currently being used in the Supplier's service area. System supplies (recycled 6-4 Section 6.2 / water) 6.2.2

6.2 Section 6.2.5 10633(d) Describe and quantify the potential uses of recycled water and provide a determination of the technical and economic System supplies (recycled 6-4 Section 6.2 / feasibility of those uses. water) 6.2.2

6.2 Section 6.2.5 10633(e) Describe the projected use of recycled water within the Supplier's service area at the end of 5, 10, 15, and 20 years, and System supplies (recycled 6-4 and 6-5 Section 6.2 / describe the actual use of recycled water in comparison to uses previously projected. water) 6.2.2

6.2 Section 6.2.5 10633(f) Describe the actions that may be taken to encourage the use of recycled water and the projected results of these actions System supplies (recycled 6-6 Section 6.2 / in terms of acre-feet of recycled water used per year. - - water) _ 6.2.2

6.2 Section 6.2.5 10633(g) Provide a plan for optimizing the use of recycled water in the Supplier's service area. System supplies (recycled n/a Section 6.2 / water) 6.2.2

6.2 Section 6.2.6 10631(g) I Describe desalinated water project opportunities for long-term supply. System supplies 6-7 Section 6.4

6.2 Section 6.2.10 10631(f) Describe the expected future water supply projects and programs that may be undertaken by the water Supplier to System supplies 6-7 Section 6.7/6.8 address water supply reliability in average, single-dry, and for a period of drought lasting five consecutive water years.

6.3 Section 6.3 and Appendix 10631.2(a) The UWMP must include energy information, as stated in the code, that a Supplier can readily obtain. System suppliers, energy O lA, O-1B, O- Section 6.11 0 intensity 1C, and 0-2 Provide information on the quality of existing sources of water available to the Supplier and the manner in which water Water supply reliability

7.1 Section 7.1 10634 n/a Section 7.2.1 quality affects water management strategies and supply reliability. assessment Service Reliability Assessment: Assess the water supply reliability during normal, dry, and a drought lasting five Water supply reliability 7-2 7-3 and 7

7.2 Section 7.2 10635(a) consecutive water years by comparing the total water supply sources available to the Supplier with the total projected assessment 4 Section 7.2.3 _ water use over the next 20 years.

7.2 Section 7.2.3 10620(f) Describe water management tools and options to maximize resources and minimize the need to import water from other Water supply reliability n/a Section 7.2.4 regions. assessment

7.3 Section 7.3 10635(b) Provide a drought risk assessment as part of information considered in developing the demand management measures Water supply reliability n/a Section 7.3 and water supply projects. assessment

Page 593 of 1000 ends

Water Code Relevant 2025 UWMP Order 2025 Guidebook Location Section Summary as Applies to UWMP Subject Submittal Location Table

7.3 Section 7.3 10635(b)(1) Ilnclude a description of the data, methodology, and basis for one or more supply shortage conditions that are necessary Water supply reliability n/a Section 7.3.1 to conduct a drought risk assessment for a drought period that lasts five consecutive years. assessment

7.3 Section 7.3 10635(b)(2) Include a determination of the reliability of each source of supply under a variety of water shortage conditions. Water supply reliability n/a Section 7.2 assessment

7.3 Section 7.3 10635(b)(3) Include a comparison of the total water supply sources available to the Supplier with the total projected water use for the Water supply reliability 7-5 Section 7.3 drought period. assessment
'Include considerations of the historical drought hydrology, plausible changes on projected supplies and demands under Water supply reliability Sections 7.2.1

7.3 Section 7.3 10635(b)(4) climate change conditions, anticipated regulatory changes, and other locally applicable criteria. assessment n/a and 6.9 8 Chapter 8 10632(a) Provide a water shortage contingency plan (WSCP) with specified elements below. Water shortage contingency n/a Section 8 planning
8 Chapter 8 10632 a 1 Provide an analysis of water supply reliability (from Guidebook Chapter in the WSCP. Water shortage contingency n/a Section 8.3 P O( ) I Y PP Yp 7) planning

8.2 Section 8.2 10632(a)(2)(A) Provide the written decision-making process and other methods that the Supplier will use each year to determine its water Water shortage contingency n/a Section 8.4 reliability. planning

8.2 Section 8.2 10632(a)(2)(B) Provide data and methodology to evaluate the Supplier's water reliability for the current year and one dry year pursuant Water shortage contingency n/a Section 8.4.2 to factors in the code. planning
Define six standard water shortage levels of 10%, 20%, 30%, 40%, 50% shortage, and greater than 50% shortage.

8.3 Section 8.3 10632(a)(3)(A) These levels shall be based on supply conditions, including percent reductions in supply, changes in groundwater levels, Water shortage contingency n/a Section 8.5 changes in surface elevation, or other conditions. The shortage levels shall also apply to a catastrophic interruption of planning supply.

8.3 Section 8.3 10632(a)(3)(B) Suppliers with an existing WSCP that uses different water shortage levels must cross reference their categories with the Water shortage contingency 8-1 Section 8.5 six standard categories. planning

8.4 Section 8.4 10632(a)(4)(A) Suppliers with WSCPs that align with the defined shortage levels must specify locally appropriate supply augmentation Water shortage contingency 8-2 Section 8.6 actions. planning

8.4 Section 8.4 10632(a)(4)(B) Specify locally appropriate demand reduction actions to adequately respond to shortages. Water shortage contingency 8-3 Section 8.6 / planning 8.6.1

8.4 Section 8.4 10632(a)(4)(C) Specify locally appropriate operational changes. Water shortage contingency 8-2 Section 8.6.3 planning

8.4 Section 8.4 10632(a)(4)(D) Specify additional mandatory prohibitions against specific water use practices that are in addition to State-mandated Water shortage contingency Table 8-3 Section 8.6.4 prohibitions are appropriate to local conditions. planning

8.4 Section 8.4 10632 a 4 E Estimate the extent to which thegapbetween supplies and demand will be reduced byimplementation of the action. Water shortage contingency ( )( )( ) pp p 8-2 and 8-3 Section 8.6.5 _ _ planning
Water shortage contingency

8.4 Section 8.4.6 10632.5 The UWMP shall include a seismic risk assessment and mitigation plan. plan n/a Section 8.6.6

8.5 Section 8.5 10632(a)(5)(A) Suppliers must describe that they will inform customers, the public and others regarding any current or predicted water Water shortage contingency n/a Section 8.6.7 shortages. planning

8.5 Section 8.5 10632(a)(5)(B), Suppliers must describe that they will inform customers, the public and others regarding any shortage response actions Water shortage contingency n/a Section 8.7 10632(a)(5)(C) 'triggered or anticipated to be triggered and other relevant communications. planning

8.6 Section 8.6 10632(a)(6) Retail Supplier must describe how it will ensure compliance with and enforce provisions of the WSCP. Water shortage contingency n/a Section 8.8 planning

8.7 Section 8.7 10632(a)(7)(A) Describe the legal authority that empowers the Supplier to enforce shortage response actions. Water shortage contingency n/a Section 8.9 planning

8.7 Section 8.7 10632(a)(7)(B) Provide a statement that the Supplier will declare a water shortage emergency per Water Code Chapter 3. Water Water shortage contingency n/a Section 8.9 Shortage Emergencies. planning

8.7 Section 8.7 10632(a)(7)(C) Provide a statement that the Supplier will coordinate with any city or county within which it provides water for the Water shortage contingency n/a Section 8.9 possible proclamation of a local emergency. planning

8.8 Section 8.8 10632(a)(8)(A) Describe the potential revenue reductions and expense increases associated with activated shortage response actions. Water shortage contingency n/a Section 8.10 _ planning

8.8 Section 8.8 10632(a)(8)(B) Provide a description of mitigation actions needed to address revenue reductions and expense increases associated with Water shortage contingency n/a Section 8.10 'activated shortage response actions. planning

8.8 Section 8.8 10632(a)(8)(C) Retail Suppliers must describe the cost of compliance with Water Code Chapter 3.3, Excessive Residential Water Use Water shortage contingency n/a Section 8.10 During Drought. planning

8.9 Section 8.9 10632(a)(9) Retail Suppliers must describe the monitoring and reporting requirements and procedures that ensure appropriate data Water shortage contingency n/a Section 8.11 are collected, tracked, and analyzed for purposes of monitoring customer compliance. planning Describe reevaluation and improvement procedures for monitoring and evaluation the WSCP to ensure risk tolerance is Water shortage contingency

8.10 Section 8.10 10632(a)(10) adequate and appropriate water shortage mitigation strategies are implemented. planning n/a Section 8.12

Page 594 of 1000 ends

Water Code Relevant 2025 UWMP Order 2025 Guidebook Location Section Summary as Applies to UWMP Subject Submittal Location Table

8.11 Section 8.11 10632(b) Analyze and define water features that are artificially supplied with water, including ponds, lakes, waterfalls, and Water shortage contingency n/a Section 8.13 fountains, separately from swimming pools and spas. planning

8.12 Section 8.12 10632(c) Make available the WSCP to customers and any city or county where it provides water within 30 days after adoption of the Water shortage contingency n/a Section 8.14 plan. planning
Retail Suppliers shall provide a description of the nature and extent of each demand management measure implemented Demand management

9.1 Sections 9.1 10631(e)(1) over the past five years. The description will address specific measures listed in code. measures n/a Section 9.2

9.2 Sections 9.2 10631(e)(2) Wholesale Suppliers shall describe specific demand management measures listed in code, their distribution system asset Demand management n/a N/A management program, and Supplier assistance program. _measures 10 Chapter 10 10608.26(a) Retail Suppliers shall conduct a public hearing to discuss adoption, implementation, and economic impact of water use Plan adoption, submittal, and n/a Section 10.1 targets (recommended to discuss compliance). implementation

10.2 Section 10.2.1 10621(b) Notify, at least 60 days prior to the public hearing, any city or county within which the Supplier provides water that the Plan adoption, submittal, and 10-1 Section 10.1 Supplier will be reviewing the UWMP and considering amendments or changes to the plan. implementation

10.4 Section 10.4 10621(f) Each urban water Supplier shall update and submit its 2025 plan to DWR by July 1, 202 6. Plan adoption, submittal, and n/a Section 10.2 implementation

10.2 Sections 10.2.2, 10.3, and 10642 Provide supporting documentation that the Supplier made the UWMP and WSCP available for public inspection, published Plan adoption, submittal, and n/a Section 10.1 _ 10.5 notice of the public hearing, and held a public hearing about the UWMP and WSCP. implementation

10.2 Section 10.2.2 10642 The Supplier is to provide the time and place of the hearing to any city or county within which the Supplier provides Plan adoption, submittal, and 10-1 Section 10.1 water. implementation

10.3 Section 10.3.2 10642 Provide supporting documentation that the UWMP and WSCP has been adopted as prepared or modified. Plan adoption, submittal, and n/a Section 10.2 implementation
Plan adoption, submittal, and

10.4 Section 10.4 10644(a) Provide supporting documentation that the Supplier has submitted their UWMP to the California State Library. implementation n/a Section 10.2

10.4 Section 10.4 10644(a)(1) Provide supporting documentation that the Supplier has submitted their UWMP to any city or county within which the Plan adoption, submittal, and n/a Section 10.3 Supplier provides water no later than 30 days after adoption. implementation

10.4 Sections 10.4.1 and 10644(a)(2) The UWMP, or amendments to the UWMP, submitted to DWR shall be submitted electronically. Plan adoption, submittal, and n/a Section 10.2

10.4.2 implementation

10.7 Section 10.7.2 10644(b) If revised, submit a copy of the WSCP to DWR within 30 days of adoption. Plan adoption, submittal, and n/a Section 10.4 implementation

10.5 Section 10.5 10645(a) Provide supporting documentation that, not later than 30 days after filing a copy of its UWMP with DWR, the Supplier has Plan adoption, submittal, and n/a Section 10.3 or will make the plan available for public review during normal business hours. implementation

10.5 Section 10.5 10645(b) Provide supporting documentation that, not later than 30 days after filing a copy of its WSCP with DWR, the Supplier has Plan adoption, submittal, and n/a Section 10.3 or will make the plan available for public review during normal business hours. implementation

10.6 Section 10.6 10621(c) - If Supplier is regulated by the Public Utilities Commission, include its plan and contingency plan as part of its general rate Plan adoption, submittal, and n/a N/A case filings. implementation

Page 595 of 1000 ends

City of Upland Public Hearing Notices
Appendix C Public Hearing Notices
2025 Urban Water Management Plan — Public Draft Page 519tof 1000

Column

INTERIM AD DRAFT
This is the proof of your ad scheduled to run in Daily Bulletin-SB on the dates indicated below. If changes are needed, please contact us prior to deadline at (909) 987-6397.

Notice ID: DuW5232Ep2sjjc0yb6Tk J Proof Updated:Jun.29,2026 at 01:55pm PDT Notice Name: CC-NPH UWMP and WSCP plans
See Proof on Next Page
This is not an invoice. Below is an estimated price,and it is subject to change.You will receive an invoice with the final price upon invoice creation by the publisher.

FILER FILING FOR
Keri Johnson Daily Bulletin-SB
[email protected]
(909)931-4120
Columns Wide: 3 Ad Class: Legals
Total Column Inches: 16.04
Number of Lines: 55
07/13/2026:City Notices 393.39
07/20/2026:City Notices 393.39
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Subtotal $836.78
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Total $836.78
CC - NPH UWMP and wcapggitibsi O "Ie f 2

NOTICE OF PUBLIC HEARING
2025 URBAN WATER MANAGEMENT PLAN AND

WATER SHORTAGE CONTINGENCY PLAN
NOTICE IS HEREBY GIVEN that the City Council
of the City of Upland will hold a public hearing
on Monday, July 27, 2026, at 6:00 p.m., or as soon
thereafter as the case may be heard,in the Council
Chambers of the Upland City Hall, 460 N. Euclid
Avenue, Upland, CA 91786 to consider and receive
comments and consider adoption of a Draft 2025
Urban Water Management Plan (UWMP) and
Draft Water Shortage Contingency Plan (WSCP).

In compliance with California Water Code(§10610-
10657 and § 10608 et seq.), the UWMP and WSCP
are requested to contain detailed evaluations of the
wafer supplies necessary to reliably meet demand
over at least a 20-year period in both normal and
dry years. Public Input from diverse social,
cultural and economic elements of the population
is encouraged and will be considered during the
finalization of the 2025 UWMP. All interested
persons are invited to attend this public hearing and
will be afforded the opportunity to present both oral
and written statements,arguments,and beliefs.

A copy of the Draft UWMP and Draft WSCP is
available for public review attheCityCierk'sOffice,
Upland City Hall, located at 460 N. Euclid Avenue,
Upland,CA 91786,and Upland Public Works Office,
located at 1370 North Benson Avenue, Upland, CA
91786, during normal business hours, 8:00 a.m. to
6:00 p.m.,Monday through Thursday.An electronic
copy is also available on the City website at https://
uplandca.gov/public_works/water/index.phP
If you have any questions regarding the City's
2025 UWMP or WSCP, please contact Michelle
Madriz at (909) 291-2935 or mmadriz@upiandca.
gov . Written comments may be submitted to the
City Clerk's Office prior to the public hearing at
[email protected] or mailed to City
of Upland-City Clerk's Office,460 N. Euclid Ave.,
Upland,CA 91786.

It is the intention of the City of Upland to comply
with the Americans with Disabilities Act (ADA).

If you require special assistance beyond what
is normally provided, the City will attempt to
accommodate you in every reasonable manner.

Please contact the City Clerk's Office at 909-931-
4120 at least 48 hours prior to the meeting to inform
us of your particular needs.

Keri Johnson
Upland City Clerk
Publish: July 13&20,2026
Inland Valley Daily Bulletin-SB
Published:7/13,7/20/26
CC NPH UWMP and W�ag2l8 o "I7)UUf 2

City of Upland Adoption Resolution
Appendix D Adoption Resolution
2025 Urban Water Management Plan — Public Draft Page 519®of 1000

Placeholder page. Document to be inserted after adoption.

Page 600 of 1000 ends

City of Upland 60 Day Notifications
Appendix E 60 Day Notifications
2025 Urban Water Management Plan — Public Draft Page 6pEof 1000

ti`�4or1.,ITN City of Upland
�y d I ublic Works Dcparunenl/Utilities Division 1370 N. Benson Ave.
�►• Upland,CA 91786
-g o�LrFO R
May 26, 2026
Todd Corbin
General Manager
Chino Basin Watermaster
9641 San Bernardino Rd.

Rancho Cucamonga, CA 91730
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27T", 2026.

Dear Mr. Corbin,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act.An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing,thereby encouraging public involvement and agency coordination.This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

A copy of Upland's draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at Upland's City Hall and online at www.Upland_CA.govlweter- services. Upland will subsequently hold a noticed public hearing on the 2025 UWMP and WSCP, anticipated to occur as follows:

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Location:460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at [email protected] or by phone at(909) 291-2935.

Sincerely,
Damien R.Arrula
Assistant City Manager
1 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, U ,la 9 ANci

4 or IIpt�� City of Upland
4�
C.) d Public Works Department/Utilities Division � �,� '- 1370 N.Benson Ave.

Upland,CA 91786
01ttF01%�S
May 26, 2026
Hye Jih Lee, P. E.

Director of Public Works
City of Chino
13220 Central Ave.

Chino, CA 91710
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27T", 2026.

Dear Mr. Lee,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP)and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing,thereby encouraging public involvement and agency coordination. This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

A copy of Upland's draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at Upland's City Hall and online at www.UplandCA.gov/water- services. Upland will subsequently hold a noticed public hearing on the 2025 UWMP and WSCP, anticipated to occur as follows:

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Location: 460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at mmadriz@u_plandca.gov_or by phone at(909) 291-2935.

Sincerely,
l
amien .Arrula
Assistant City Manager
1 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, UIfdgjrg,&It g0- 13e0

°F trpt City of Upland
O ;b Public Works Department/I'Liliuies Division 1370 N. Benson Ave.

C ' Upland,CA 9L786
May 26, 2026
Daniel Bobadilla, P. E.

Director of Public Works/City Engineer
City of Chino Hills
14000 City Center Dr.

Chino Hills, CA 91709
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27T", 2026.

Dear Mr. Bobadilla,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing, thereby encouraging public involvement and agency coordination. This Letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

A copy of Upland's draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at Upland's City Hall and online at www.UplandCAov/water- services. Upland will subsequently hold a noticed public hearing on the 2025 UWMP and WSCP, anticipated to occur as follows:

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Sincerely,
. Arru la
Assistant City Manager
UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, Up ,6 9 j,0

yti..°�' U.i City of Upland
i,b
Oa..� ['uborks Department l`filities Division 137() N. Rcr€s�>u Au..,_;' ;;.�►� l..>lancl. CA 91%Hi) .gLxPoft.�ti
May 26, 2026
Amanda Coker, P.E.

Deputy Director of Engineering
Cucamonga Valley Water District
10440 Ashford St.

Rancho Cucamonga, CA 91730
Delivered via Email:[email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27'", 2026.

Dear Mrs. Coker,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing, thereby encouraging public involvement and agency coordination. This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

A copy of Upland's draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at Upland's City Hall and online at www.UplandCA.gov_/water- services. Upland will subsequently hold a noticed public hearing on the 2025 UWMP and WSCP, anticipated to occur as follows:

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Location: 460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at [email protected] or by phone at(909)291-2935.

Sincerely,
t
Damien R.Arrula
Assistant City Manager
i
UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, 141§00c045 go.m60

�o>� IIP4 City of Upland
V d Public Works Departinent/Utilities Division «. 1370 N.Benson Ave.
. t' �r• Upland. CA 9E786
May 26, 2026
Michael Hurley
Director of Planning and Resources
Inland Empire Utilities Agency
6075 Kimball Ave.

Chino, CA 91708
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27', 2026.

Dear Mr. Hurley,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act.An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing, thereby encouraging public involvement and agency coordination. This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

New Reschedule Date: Monday, July 27, 2026
Time: 6:00 p.m.

Location: 460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at mmadriz@up_lan_dcagov or by phone at(909) 291-2935.

Sincerely,
I
amien .Arru
Assistant City Manager
7 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, U %171N0

AU�Ly Caity of Upland
(OF
dpublic 11 orks Dcpuii ncnt l.'tilitic,, Uivi;.nn
. .. I;l7U N. l3enso» .Llc.
g i+ I pl Un(l.CA 917R(i
C44'/FOR'SI.

May 26, 2026
Justin Scott-Coe
General Manager
Monte Vista Water District
10575 Central Ave.

Montclair, CA 91763
Delivered via Email:[email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27r", 2026.

Dear Mr. Scott-Coe,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act.An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at Least sixty (60) days prior to holding a public hearing, thereby encouraging public involvement and agency coordination.This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

A copy of Upland's draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at Upland's City Hall and online at www.UplandCA.gov/wat_er- services. Upland will subsequently hold a noticed public hearing on the 2025 UWMP and WSCP, anticipated to occur as follows:

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Location: 460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at mmadriz uplandca.gov or by phone at(909) 291-2935.

Sincerely,
1 Damien R. Arrula
Assistant City Manager
1 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, Up -0, ;It)

G45A1 City of Upland
Public Works Deparrment/Utilities Division
".. 1370 N. Benson Ave,
I.
ie• Upland, CA 91786
'��rFoa�s
May 26, 2026
Scott Burton
Utilities General Manager
Ontario Municipal Utilities Company
1425 S. Bon View Ave.

Ontario, CA 91761
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27T", 2026.

Dear Mr. Burton,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing, thereby encouraging public involvement and agency coordination.This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

A copy of Upland's draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at Upland's City Hall and online at www.UplandCA.gov/wa_ter- services. Upland will subsequently hold a noticed public hearing on the 2025 UWMP and WSCP, anticipated to occur as follows:

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Sincerely,
rru la
Assistant City Manager
1 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, UgkS, g%pbeo

h��°,��.�� City of Upland
p �d Public Works Del7artrnent/I.i tilities Division 1370 N. Benson Ave.
' ;. ,. =:.w' Upland,CA 91786
r'
f\ ''''''''
�Lx�oR.��
May 26, 2026
Noel Castillo
Public Works Director
County of San Bernardino
385 N.Arrowhead Ave.

San Bernardino, CA 92415
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27T", 2026.

Dear Mr. Castillo,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP)and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act.An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing, thereby encouraging public involvement and agency coordination. This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Location: 460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at [email protected] or by phone at(909)291-2935.

Sincerely,
l
Damien R.Arrula
Assistant City Manager
1 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, U -, 7I%$0

4ti4 OF Upz City of Upland
O ,,. • d Public Works Department/Utilities Division 1370 N. Benson Ave.

RY' ` `�,+ Upland, CA 91786
May 26, 2026
Brian Lee
General Manager
San Antonio Water Company
139 N. Euclid Ave.

Upland, CA 91786
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27T', 2026.

Dear Mr. Lee,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act. An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at least sixty (60) days prior to holding a public hearing,thereby encouraging public involvement and agency coordination. This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

New Reschedule Date: Monday, July27, 2026
Time: 6:00 p.m.

Location: 460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at [email protected] or by phone at(909) 291-2935.

Sincerely,
I
Damien R.Arrula
Assistant City Manager
1 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, UR:4144,6AUAW)

��4.° uptl, City of Upland
O :,‘4
d Public. Works Department./ Utilities Division l'' 137O N. T3ensnn Ave.
i �.. r' Upland,CA 9178ti
4LIF00
May 26, 2026
Van M. Jew
General Manager
Water Facilities Authority
1775 N. Benson Ave.

Upland, CA 91786
Delivered via Email: [email protected]
CITY OF UPLAND NOTICE OF PREPARATION OF THE 2025 URBAN WATER

MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN
RESCHEDULING OF THE PUBLIC HEARING MEETING TO MONDAY, JULY 27T", 2026.

Dear Mr.Jew,
The City of Upland is in the process of preparing and updating its 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP) in compliance with the Urban Water Management Planning Act.An update of Upland's UWMP is required every(5)years.

Water Code section 10621(b) requires an urban water supplier updating its UWMP and WSCP to notify cities and counties within its service area of the update at Least sixty (60) days prior to holding a public hearing,thereby encouraging public involvement and agency coordination.This letter serves as Upland's notice that it is preparing and updating its 2025 UWMP and WSCP.

A copy of Upland's draft 2025 UWMP and WSCP will be available for review prior to the public hearing and adoption meeting at Upland's City Hall and online at www.UpLandCA.gov/water- s_ervices_. Upland will subsequently hold a noticed public hearing on the 2025 UWMP and WSCP, anticipated to occur as follows on the rescheduled date:

New Reschedule Date: Monday,July 27, 2026
Time: 6:00 p.m.

Location: 460 N. Euclid Ave. Upland, CA 91786
Upland invites you to submit comments regarding its UMWP and WSCP. If you have any questions or input regarding these documents, please contact Michelle Madriz via email at mmadriz@up_landca.gov or by phone at(909)291-2935.

Sincerely,
{
amien R.Arrula
Assistant City Manager
1 UplandCA.gov • (909) 931-4100 • City of Upland, 460 N. Euclid Avenue, UgdagO,Ec $pj 60

City of Upland Judgements
Appendix F Judgements
Chino Basin, Cucamonga Basin, and Six Basin Judgements 2025 Urban Water Management Plan — Public Draft Page 6fl of 1000

The Chino Basin 1978 Judgement can be found .

Page 613 of 1000 ends

1 SCOTT S. SLATER, ESQ. (State Bar No. 117317)
ROBERT J. SAPERSTEIN, ESQ. (State Bar No. 166051)
2 HATCH AND PARENT, PC
21 East Carrillo Street
3 Santa Barbara, CA 93101
Telephone: (805) 963-7000
4 Attorneys for Plaintiff, E® jJ
5 Special Counsel for Southern California Water Company 'GELES SUPERIOR 6 DEC 1 8 1998
7 ,�
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10 11 SOUTHERN CALIFORNIA WATER COMPANY ) CASE NO. KC o 2 9152 )
1 Plaintiff ) Assigned for All
) Purposes to Judge
13 vs. . ) William 0 . McVittie
)
14 CITY OF LA VERNE, CITY OF CLAREMONT, ) Department 0 CITY OF POMONA, CITY OF UPLAND, )
15 POMONA COLLEGE, POMONA VALLEY ) (Complaint Filed, September 28, PROTECTIVE ASSOCIATION, SAN ANTONIO ) 1998)
16 WATER COMPANY, SIMPSON PAPER )
COMPANY, THREE VALLEYS MUNICIPAL )
17 WATER DISTRICT, WEST END ) JUDGMENT
CONSOLIDATED WATER COMPANY, and )
18 DOES 1 through 1,000, Inclusive, )
)
19 Respondents and Defendants. )
)
20 21
77 23
24 25 THE DOCUMENT TO WHICH THIS CERTIFICATE IS
ATTACHED IS A FILL,iFRE,AND CORRECT COPY

OF THE ORIGINAL ON FILE AND OF RECORD IN
MY OFFICE.

DEC 1 8 1998
27 ATTEST
28 JOHN A. Cl..ARKE
HATCH AND PARENT Executive OfficeriCIerk of the 21 EAST CARRILLO STREE. Superior Cott,Calif urty

SANTA BARBARA,CA
93101-2782 144876.1:6774.54 LC'S Anyelos Page 614 of 1000 ev_ ,Deputy

MORALES

1 TABLE OF CONTENTS
2 PAGE
3 PRELIMINARY FINDINGS 1
A. Complaint 1
4 B. Answers and Cross-Complaints 2 C. Jurisdiction 2
5 D. Parties 2
E. Settlement Negotiations 4
6 1. Importance of Groundwater 4

2. Coordinated Study 4
7 3. Overdraft . 4
a. Native Safe Yield 4
8 b. Safe Yield 5
c. Groundwater Production 5
9 F. Stipulation 5
10 JUDGMENT 6
11 I. INTRODUCTION 6
A. Definitions 6
12 1. Base Annual Production Right 6

2. Carryover Rights 6
13 3. Effective Date 6

4. Fiscal Year 6
14 5. Four Basins or Four Basins Area 6

6. Groundwater 6
15 6. Imported Water 6

8. In Lieu Procedures 6
16 9. Minimal Producers 6

10. Native Groundwater 6
17 11. Native Safe Yield 7

12. Native Water 7
18 13. Non-party. 7

13. Operating Plan 7
19 14. Operating Safe Yield 7

15. Overdraft 7
20 16. Party or Parties 7

17. Physical Solution 8
21 18. Producer 8

19. Production 8
22 20. Replacement Water 8

21. Replacement Water Assessment
23 22. Replenishment 8

23. Replenishment Water 8
24 24. Return Flows

25. Safe Yield 8
25 26. Six Basins or Six Basins Area 8

27. Spreading 8
26 28. Storage and Recovery 9

29. Storage and Recovery Agreement 9
27 30. Transfer
31 Two Basins or Two Basins Area 9
28 32. Water Shortage Emergency 9

HATCH AND PARENT
21 EAST CARRILLO STREE'
SANTA 8AR ARA.CA
93101-2782 1 Page 615 of 1000

1 33. Watermaster 10
34 Year 10
2 B. Exhibits 10
3 Exhibit A: Six Basin Map 10
Exhibit B: Description of the Six Basins Area 10 4 Exhibit C: Memorandum of Agreement (Re. PVPA Operations) 10 Exhibit D: Base Annual Production of Parties 10 5 Exhibit E. Description of Spreading Activities 11 Exhibit F: City of Pomona Storage and Recovery Agreement 11 6 Exhibit G: Initial Operating Plan 11 7 II. FINDINGS AND HYDROLOGIC CONDITIONS 11 A. Safe Yield 11
8 B. Overdraft and Prescriptive Circumstances 11

1. Adversity 11
9 2. Continuity 11

3. Notice 11
10 C. High Groundwater Levels 12
11 D. Water Quality Problems 12
12 III. DECLARATION OF RIGHTS AND RESPONSIBILITIES 12 13 A. General Provisions

1. Surface Water Rights 12
14 2. Loss of Priorities 13

3. Limitations on Export 13
15 4. No Abandonment of Rights 14

5. Pre-Existing Rights 14
16 6. Physical Solution 14

7. Portability Between the Two Basins and Four Basins Areas 14 17 B. Rights of the Parties to Produce Groundwater from the Four Basins 15 18 1. Declaration of Rights 15

2. Carryover Rights 15
19 3. Transferability of Rights 15

4. Portability of Rights Among the Four Basins 16 20 a. No Substantial Injury 16
b. Advance Written Notice to Watermaster 16
21 c. Prior Watermaster Approval 16
d. New Facility Defined 16
22 e. Procedure for Resolution of Disputes 17

5. Rights to Unused Groundwater Storage Capacity 17
23 6. Priorities for Use of Groundwater Storage Capacity 17

7. Loss of Stored and Carry-Over Water 17
24 8. Consideration of Groundwater Levels 18
25 C. The Parties' Rights to Groundwater and Storage in the Two Basins 18

1. Declaration of Rights 18
26 2. Storage and Recovery 18

3. Transferability of Rights 19
27 D. Rights and Responsibilities of PVPA 19 28 1. Spreading Operations 19

HATCH AND PARENT
21 EAST CARRILLO STREE-

SANTA BARBARA,CA
93101-2782 ii Page 616 of 1000

1 2. Waiver of Claims against PVPA 19
2 E. Non-Parties 19

1. Minimal Producers 19
3 2. Parties' Rights Versus Non-Parties Reserved 20 4 IV. REMEDIES 20
A. Injunctions
20 5 1. Injunction Against Unauthorized Production 20

2. Injunction Against Unauthorized Storage 20
6 3. Injunction Against Unauthorized Replenishment 20 7 B. Continuing Jurisdiction 20

1. Jurisdiction Reserved 20
8 2. Intervention After Judgment 20
9 C. Reservation of Other Remedies 21

1. Claims By and Against Non-parties 21
10 2. Claims Between Parties Unrelated to the Judgment 21

3. Groundwater Levels 21
11 V. WATERMASTER 21
12 A. Composition, Voting and Compensation 21 B. Nomination and Appointment Process 22
13 C. Succession
22 1. Partial Succession 23
14 2. Non-Party Successor 23

3. Party Successor 23
15 D. Powers and Duties 23
E. Organization and Meetings 24
16 F. Limits on Assessments 25
17 VI. PHYSICAL SOLUTION FOR THE SIX BASINS AREA 24 A. General Purposes and Objectives 24
18 1. Physical Solution is Consistent With the Public Interest 25

2. Balance of Equities 25
19 3. Flexibility 25
20 B. Guidelines for Operation of Four Basins Area 25

1. Replenishment 25
21 2. Storage and Recovery 26

3. Operating Safe Yield 26
22 4. Production 26

5. Replacement Water 26
23 a. Obligation to Provide Replacement Water 27 b. In Lieu Procedures 27
24 c. Replacement Water Assessment 27

6. Development, Maintenance and Implementation of the Operating Plan . 27 25 7. Initial Operating Plan 28

8. Annual Review of the Operating Plan 28
26 9. Replenishment 28

10. Storage and Recovery Pursuant to Storage and Recovery Agreements 29 27 11. Special Projects 30

12. Temporary Surplus Groundwater 30
28 HATCH AND PARENT
21 EAST CARRILLO STREE-
SANTA BARBARA.CA
93101-2782 ill Page 617 of 1000

1 C. GUIDELINES FOR OPERATION OF THE TWO BASINS AREA 30

1. Replenishment 30
2 2. Storage and Recovery 31

3. Production 31
3 VII. ASSESSMENTS 31
4 A. Ground Rules 31
5 1. Authorization 31

2. Assessment Spread 31
6 3. Administrative Assessment 32

4. Replacement Water Assessments 32
7 VIII. DISPUTE RESOLUTION 32
8 A. Entity for Resolution of Dispute 32
9 B. Determination Regarding Substantial Injury 32 C. Notice and Hearing 33
10 IX. ADDITIONAL PROVISIONS 33
11 A. Procedure 33
12 1. Designation of Address for Notice and Service 33

2. Service of Documents 34
13 3. Recordation of Notice 34

4. Judgment Binding on Successors 34
14 5. Costs 34

6. Review Procedures 34
15 a. Effective Date of Watermaster Action 34 b. Notice of Motion 35
16 c. Time for Motion 35
d. De Novo Nature of Proceeding 35
17 e. Payment of Assessments 35
•
18 B. Entry of Judgment- 35
19 CODES
20 California Constitution
Article X, § 2 1, 2, 5, 8
21 California Open Meetings Law (Brown Act) 24 22 Government Code
23 § 54950 24
24 Public Utilities Code
§ 1001 2
25 § 2701 2
26 Water Code
§ 2529 33
27 § 4999 5, 11, 12
28 HATCH AND PARENT
21 EAST CARRILLO STREE'

SANTA BARBARA,CA
93101-2782 iv Page 618 of 1000

1 PRELIMINARY FINDINGS
2 A. Complaint.
3 The Southern California Water Company("SCWC"), (or "Plaintiff'), and the City of La Verne 4 ("La Verne"), City of Claremont ("Claremont"), City of Pomona ("Pomona"), City of Upland 5 ("Upland"), Pomona College ("Pomona College"), Pomona Valley Protective Association ("PVPA"), 6 San Antonio Water Company("San Antonio"), Simpson Paper Company ("Simpson"), Three Valleys 7 Municipal Water District ("TVMWD"), West End Consolidated Water Company ("West End"), 8 collectively (Defendants) either:
9 i. account for essentially all of the current production of groundwater from or the 10 replenishment to the Canyon Basin, the Upper Claremont Heights Basin, the 11 Lower Claremont Heights Basin, the Pomona Basin, the Live Oak Basin and 12 the Ganesha Basin ("Six Basins Area"), located in Los Angeles and San 13 Bernardino Counties, and described in Exhibits "A,"and "B" attached hereto, 14 and further defined in Judgment Section I(A) below; or 15 ii. are public agencies with an interest in the efficient and responsible 16 management of groundwater resources within the Six Basins. 17 On or about September 28, 1998 the Plaintiff filed a complaint against Defendants and Does 1 18 through 1,000 requesting a declaration of their individual and collective rights to groundwater and 19 a mandatory and prohibitory injunction requiring the reasonable use and equitable management of 20 groundwater within the Six Basins pursuant to Article X, Section 2 of the California Constitution. 21 The pleadings further allege that the Plaintiff and Defendants collectively claim substantially all 22 rights of groundwater use, replenishment and storage within the Six Basins Area, that the available 23 Safe Yield(as defined in Judgment Section I(A), below) is being exceeded and that the groundwater 24 supply to the Six Basins Area is inadequate to meet the current and long term demands of Plaintiff 25 and Defendants without the imposition of a physical solution. Plaintiff requests a determination of 26 all groundwater rights, including replenishment and storage rights, of whatever nature within the 27 boundaries of the Six Basins and request the imposition of an equitable physical solution. 28 HATCH AND PARENT
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•
1 B. Answers and Cross-Complaints. On or before November 13, 1998, Plaintiff and 2 Defendants filed a stipulation for entry of judgment. 3 C. Jurisdiction. This Court has jurisdiction to enter judgment declaring and adjudicating 4 the Plaintiffs and Defendants' ("the Parties") rights to the reasonable and beneficial use of 5 groundwater by the Parties in the Six Basins Area pursuant to Article X, Section 2 of the California 6 Constitution and to impose a complete physical solution. All pre-existing rights to groundwater 7 within the Basin held or claimed by any Party (as defined in Section I(A) of the Judgment below) are 8 hereby settled and defined as the production allocations and the other rights and obligations set forth 9 under this judgment ("Judgment"). The respective allocations for each Party are expressly set forth 10 in Exhibit "D."
11 D. Parties.
12 1. SCWC is an investor-owned public utility incorporated under the laws of the 13 State of California. (See Public Utilities Code Section 1001 et seq. and 2701 et seq.) SCWC produces 14 groundwater from the Six Basins and delivers it for use on land within its certificated service area 15 that predominantly overlies some portion of the Six Basins, and otherwise is within the Counties of 16 Los Angeles and San Bernardino.
17 2. Pomona is a charter city situated in the County of Los Angeles. Pomona 18 produces groundwater from the Six Basins and delivers it for use on land within its incorporated 19 boundaries, on land lying outside its incorporated boundaries within the County of Los Angeles and 20 on City owned lands that predominantly overlie some portion of the Six Basins. Pomona owns and 21 controls land in the Six Basins Area upon which it has historically diverted, for direct use and 22 spreading, surface water from San Antonio Creek and Evey Canyon. 23 3. La Verne is a general law city situated in the County of Los Angeles. La Verne 24 produces groundwater from the Six Basins and delivers it for use on land within its incorporated 25 boundaries, on land lying outside its incorporated boundaries within the County of Los Angeles and 26 on City owned lands that predominantly overlie some portion of the Six Basins. 27 28

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1 4. Upland is a general law city situated in the County of San Bernardino. Upland 2 produces groundwater from the Six Basins and delivers it for use on land within its incorporated 3 boundaries some portion of which overlie the Six Basins. It possesses a majority of the shares of 4 stock in San Antonio and West End.
5 5. San Antonio is a mutual water corporation incorporated under the laws of the 6 State of California, with its principal place of business in San Bernardino County. San Antonio 7 produces groundwater from the Six Basins and delivers it for use by its shareholders. 8 6. West End is a mutual water corporation, incorporated under the laws of the 9 State of California, with its principal place of business in San Bernardino County. West End 10 produces groundwater from the Six Basins and delivers it for use by its shareholders. 11 7. Claremont is a general law city situated in the County of Los Angeles. 12 Claremont's incorporated boundaries and City owned lands overlie a portion of the Six Basins. The 13 City has executed an agreement with SCWC with respect to its groundwater rights. 14 8. Pomona College is a California corporation, with a principal place of business 15 in the County of Los Angeles. Pomona College owns land and groundwater production facilities that

16. overlie the Six Basins Area and it has executed operating leases with SCWC regarding these 17 facilities. Pomona College has executed an agreement with SCWC with respect to its groundwater 18 rights.
19 9. Simpson is a Washington corporation, which is doing business in the State of 20 California and the County of Los Angeles. Simpson produces groundwater from the Six Basins for 21 its own use and also purchases water service from Pomona. 22 10. PVPA is a California corporation, operating on a non-profit basis for the mutual 23 benefit of its members with its principal place of business in the County of Los Angeles. 24 Shareholders of PVPA include Pomona, Pomona College, San Antonio, SCWC, Simpson, Upland 25 and West End. PVPA owns the primary spreading grounds and recharge facilities for the Six Basins 26 and owns other lands which also overlie the Six Basins. PVPA has undertaken ongoing studies and 27 evaluation of groundwater conditions in the Six Basins Area. 28 HATCH AND PARENT
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1 11. TVMVVD is a California Municipal Water District formed pursuant to the 2 provisions of the municipal water district act and with the power to acquire, control, distribute, store, 3 and spread water for beneficial purposes within its boundaries. 4 E. Settlement Negotiations.
5 1. Importance of Groundwater. Groundwater is an important water supply 6 source for businesses, individuals and public agencies that overlie or extract groundwater from the 7 Six Basins. The Parties have a mutual and collective interest in the efficient and reasonable use of 8 groundwater and the coordinated management of water resources to ensure the prudent use of the 9 resource. The Parties have a further collective interest in furthering the efficient and reasonable use 10 of groundwater and the coordinated and comprehensive management of water resources to ensure that 11 the common resource may be sustained and enhanced. 12 2. Coordinated Study. PVPA has conducted and continues to conduct technical 13 studies of the Six Basins and has developed groundwater models of the Six Basins. To achieve the 14 goals of coordinated basin management and to ensure and promote the sustainable and enhanced use 15 of the groundwater resources of the Six Basins, the Parties joined in a collaborative process, reviewed 16 prior groundwater production reports and hydrologic studies, other historical data and engaged in new 17 technical studies to supplement the previous work of PVPA. Substantial engineering, hydrologic and 18 geologic data not previously known have been collected and jointly analyzed and verified by the 19 Parties. Included therein are estimates of production and reported production from the Six Basins 20 and further refinement of PVPA's groundwater models. The results of these efforts provide the 21 technical foundation for this Judgment.
22 3. Overdraft.
23 a. Native Safe Yield. The Native Safe Yield (as defined in Judgment, 24 Section I(A), below) of the Six Basins Area has historically been augmented generally by the 25 spreading activities conducted by PVPA, Pomona and La Verne and from return flows from water 26 imported to the Six Basins Area through TVMWD. There is no precise estimate of the Native Safe 27 Yield; however, without augmentation comprised of the substantial spreading operations conducted 28 HATCH AND PARENT
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1 by PVPA and others, and the return flows from imported water, the amount of groundwater 2 comprising the Native Safe Yield is substantially less than the Safe Yield which is allocated to the 3 parties pursuant to this Judgment.
4 b. Safe Yield. Safe Yield (as defined in Judgment, Section I(A), below) 5 for all groundwater supplies within the Six Basins, including the benefits of historic augmentation 6 is nineteen thousand three hundred (19,300) acre feet per year. 7 c. Groundwater Production. Reports filed with the State of California 8 pursuant to Water Code Section 4999 et seq., production records reported to PVPA by its members, 9 and independent verification by the Parties all demonstrate that the cumulative groundwater 10 production of the Parties from the Six Basins Area annually has been greater than twenty thousand 11 (20,000)acre feet in each of the five years immediately preceding the filing of this action. Therefore, 12 groundwater production has exceeded the available Safe Yield and a fortiori the Native Safe Yield 13 in each of the last five years.
14 F. Stipulation. The Parties, whose production from the Six Basins cumulatively comprise 15 essentially all of the groundwater production in the Six Basins Area, which have engaged in long- 16 standing groundwater replenishment activities or otherwise have an interest in the efficient and 17 coordinated management of groundwater, have stipulated to the entry of this Judgment. Each of the 18 Parties stipulate that this Judgment is a physical solution (as defined in Judgment, Section I(A), 19 below) which provides due consideration to the environment, the respective groundwater rights of 20 the Parties, and that this Judgment will not cause substantial material injury to any Party under these 21 circumstances of a lengthy period of overdraft and the competing claims to groundwater. The Parties 22 further stipulate that the Judgment is a fair and equitable allocation of water in accordance with the 23 provisions of Article X, Section 2 of the California Constitution. 24 //
25 //
26 //
27 //
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1 JUDGMENT
2 IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
3 I. INTRODUCTION
4 A. Definitions.
5 1. "Base Annual Production Right" means the average annual production , in acre-feet, 6 for each Party for the twelve year period beginning on January 1 of 1985 and ending on 7 December 31 of 1996 as set forth in Exhibit "D". 8 2. "Carryover Rights" means the maximum percentage of a Party's annual allocation 9 of Operating Safe Yield production of which may be deferred until the following Year free 10 of any Replacement Water Assessment.
11 3. "Effective Date" means January 1, 1999.
12 4. "Four Basins or Four Basins Area" means the following groundwater basins and 13 the area overlying them: Canyon, Upper Claremont Heights, Lower Claremont Heights and 14 Pomona as shown on Exhibit "A" and further described in Exhibit "B". 15 5. "Groundwater" means all water beneath the ground surface and contained 16 within any one of the Six Basins except as provided in Article IIIA Section 1. 17 6. "Imported Water" means water that is not naturally tributary to the Six Basins Area 18 and which is delivered to the Six Basins Area.
19 7. "In Lieu Procedures" means a method of either providing Replacement Water or 20 water to be stored under a Storage and Recovery Agreement whereby a Party receives direct 21 deliveries of Imported Water or water other than Replenishment Water in exchange for 22 foregoing the production of an equivalent amount of such Party's share of the Operating Safe 23 Yield.
24 8. "Minimal Producers" means any producer whose production is less than 25 acre 25 feet each Year.
26 9. "Native Groundwater" means groundwater within the Six Basins Area that 27 originates from the deep percolation of rainfall, natural stream flow or subsurface inflow, and 28 21 HEAASTCCH BABPORA,TCNRE E'
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1 expressly excluding groundwater which originates from (a) the Parties' replenishment 2 activities and (b) return flows from both imported water and the Parties' replenishment 3 activities, and water described in Article IIIA Section 1. 4 10. "Native Safe Yield" means the amount of Native Groundwater, in acre feet, that can 5 be extracted from the Six Basins Area on an annual basis without causing an undesirable 6 result. Expressed as a formula: Native Safe Annual Yield = Annually Available Groundwater 7 - (Replenishment Water + return flows from Imported Water and Replenishment Water). 8 11. "Native Water" means water which is naturally tributary to the Six Basins Area. 9 12. "Non-party" means any person or entity which is not a party to this Judgment. 10 13. "Operating Plan" means the plan, developed by Watermaster (as defined in 11 Judgment, Article V below) for the Four Basins Area, by which the purpose and objectives 12 of the Physical Solution will be implemented and realized. 13 14. "Operating Safe Yield" means the amount of groundwater, in acre feet, which the 14 Watermaster shall determine can be produced from the Four Basins Area by the Parties during 15 any single year, free of any replacement obligation under the Physical Solution herein. 16 Because of the benefits created by coordinated management of groundwater provided by the 17 Physical Solution, the Operating Safe Yield set by Watermaster may exceed the Safe Yield 18 that would otherwise be available for production by the Parties. The Two Basins Area is 19 excluded from the Operating Safe Yield allocated pursuant to this Judgment with its annual 20 Safe Yield being equivalent to the amount of groundwater La Verne may reasonably produce 21 from the Two Basins Area on an annual basis without causing substantial injury to any other 22 Party.
23 15. "Overdraft" means a condition wherein the total annual production from a 24 groundwater basin exceeds the Safe Yield.
25 16. "Party or Parties" means any person(s) or entity(ies) named in this action, who 26 has/have intervened in this case or has/have become subject to this Judgment through 27 succession, stipulation, transfer, default, trial or otherwise. 28 HATCH AND PARENT
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1 17. "Physical Solution" means the efficient and equitable coordinated management of 2 groundwater within the Six Basins Area to maximize the reasonable and beneficial use of 3 groundwater resources in a manner that is consistent with the public interest, Article X, 4 Section 2 of the California Constitution, and with due regard for the environment. 5 18. "Producer" means a person, firm, association, organization, joint venture, partner- 6 ship, business, trust, corporation or public entity who, or which, produces or has a right to 7 produce groundwater from the Six Basins Area.
8 19. "Production" means the process of pumping groundwater; also, the gross amount 9 of groundwater pumped.
10 20. "Replacement Water" means imported water or water other than Replenishment 11 Water supplied through in-lieu procedures that is acquired by the Watermaster or provided 12 by a Party to replace production by such Party in excess of the amount of its share of the 13 Operating Safe Yield, Carry-Over Rights and Storage and Recovery rights authorized by 14 Watermaster.
15 21. "Replacement Water Assessment" means an assessment levied by Watermaster 16 pursuant to Article XII A, Section 4 of this Judgment. 17 22. "Replenishment" means a program to spread or inject Replenishment Water into 18 the Six Basins Area. A description of the current replenishment programs is attached hereto 19 as Exhibit "E."
20 23. "Replenishment Water" means native water which augments the Native Safe Yield 21 and thereby comprises a portion of the Operating Safe Yield pursuant to a historical 22 replenishment program as described in Article VIB, Section 9 and Exhibit E. 23 24. "Return Flows" means water which percolates, infiltrates or seeps into the Six 24 Basins after having been previously applied to some end use by one of the Parties or any user 25 of water.
26 25. "Safe Yield" means the amount of groundwater, including Replenishment and return 27 flows from Imported Water, that can be reasonably produced from the combined Two Basins 28 HATCH AND PARENT
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1 and the Four Basins Areas on an annual basis without causing an undesirable result, including 2 but not limited to land subsidence, water quality degradation, and harm from high 3 groundwater levels, i.e. 19,300 acre feet per year. 4 26. "Six Basins or Six Basins Area" means the Four Basins Area plus the Two Basins 5 Area, as shown on Exhibit "A" and further described in Exhibit "B." 6 27. "Spreading" means a method of groundwater recharge whereby water is placed in 7 permeable impoundments and allowed to percolate into a basin. 8 28. "Storage and Recovery" means a program administered under an agreement 9 between the Watermaster and a Party to store water either directly by sinking, spreading or 10 injecting or by in-lieu procedures, into the Four Basins, and subsequently recovering such 11 water without regard to the limitations imposed by the Party's Base Annual Production Right. 12 29. "Storage and Recovery Agreement" means an agreement between Watermaster and 13 a Party for Storage and Recovery of water by such Party. An acceptable pre-approved 14 Storage and Recovery Agreement between Watermaster and Pomona is listed on Exhibit "F." 15 30. "Transfer" means temporary or permanent assignment, sale, contract or lease of any 16 Party's Base Annual Production Right and its associated percentage of the Safe Yield, Carry- 17 Over Rights or rights to recover water stored under a Storage and Recover Agreement to any 18 other Party or a person that becomes a Party. A lease shall not be considered a "permanent 19 transfer" unless both the Lessee and Lessor jointly agree to such characterization. 20 31. "Two Basins or Two Basins Area" means the Live Oak and Ganesha Basins and 21 the areas overlying them, as shown on Exhibit "A" and further described in Exhibit "B." 22 32. "Water Shortage Emergency" means the substantial impairment, which cannot be 23 promptly mitigated, of the ability of the Parties to provide sufficient water for human 24 consumption, sanitation and fire protection because of: (a) a sudden occurrence such as 25 storm, flood, fire, unexpected equipment outage; or (b) an extended period of drought. 26 33. "Watermaster" means the committee with the powers and duties defined in Article 27 V of this Judgment.
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1 34. "Year" means a calendar year.
2 B. Exhibits. Each exhibit is expressly incorporated herein and made part of this 3 Judgment.
4 Exhibit A: Six Basin Map
5 Exhibit B: General Description of the Six Basins Area 6 Exhibit C: Memorandum of Agreement between Watermaster and PVPA 7 Exhibit D: Base Annual Production Rights of Parties 8 Exhibit E: Description of Replenishment Programs 9 Exhibit F: City of Pomona Storage and Recovery Agreement 10 Exhibit G: Initial Operating Plan
11 II. FINDINGS AND HYDROLOGIC CONDITIONS
12 A. Safe Yield. Prior to the imposition of this Physical Solution, the Safe Yield of the Six 13 Basins is historically found to be 19,300 acre feet per year. 14 B. Overdraft and Prescriptive Circumstances. For a period in excess of five 15 consecutive Years prior to the filing of the complaint herein, the Native Safe Yield and the Safe Yield 16 have been exceeded by the aggregate Production therefrom and the Six Basins have been in a 17 continuous state of Overdraft. The court finds that the Production constituting such Overdraft has 18 been open, notorious, continuous, adverse, hostile, and under claim of right. The court further finds 19 that the groundwater Production has exceeded the Native Safe Yield and the Safe Yield in each of 20 the last five years and thus all the required elements necessary to establish prescription have been 21 satisfied.
22 1. Adversity. The Native Safe Yield of the Six Basins Area has been continuously 23 exceeded for decades. It is only through the ongoing Replenishment undertaken by PVPA, Pomona 24 and La Verne coupled with the availability of and return flows from Imported Water that a further 25 decline in water levels has been averted. An unmanaged downward decline in water levels is known 26 to have severe adverse impacts on the rights of groundwater producers and groundwater quality, to 27 cause land subsidence and to cause increased pump-lifts. Moreover, the Court finds that presently 28 HATCH AND PARENT
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1 estimated Safe Yield of 19,300 acre feet, with the full benefit of the Replenishment carried on by the 2 Parties has been exceeded and if Production is not managed pursuant to this Physical Solution, severe 3 adverse impacts will result.
4 2. Continuity. The Native Safe Yield has been continuously exceeded for at least two 5 decades. For each of the last five Years the Safe Yield has been exceeded. The Court finds that 6 cumulative total Production from the Six Basins Area for the Years 1993 through 1997 is as follows 7 1993 21,020 acre feet
8 1994 20,313 acre feet
9 1995 22,959 acre feet
10 1996 23,584 acre feet
11 1997 21,902 acre feet
12 3. Notice. Each of the Parties with a Base Annual Production Right, or their agents, have 13 filed groundwater production reports with the State Department of Water Resources pursuant to 14 Water Code Section 4999. These reports are public records and are available for inspection by any 15 member of the public. SCWC is an investor-owned public utility subject to regulation by the 16 California Public Utilities Commission (PUC). Its records, reports and filings with the PUC regularly 17 include information regarding the wells used and groundwater produced from the Six Basins Area. 18 The PUC has held publicly noticed rate hearings which have been attended by the public and 19 representatives from Claremont. Pomona, La Verne and Upland are all public entities and their 20 groundwater production information are public records and open to public inspection upon reasonable 21 notice. PVPA has frequently published reports which indicate the nature of its Replenishment and 22 the volume of groundwater produced in the Six Basins Area. At least two settlement agreements 23 have been entered between certain Parties on matters related to the adverse impacts of increased 24 groundwater production. Both of these agreements were approved by a public entity and are public 25 records. Moreover, the negotiations leading up to the entry of this Judgment were open to all persons 26 claiming the right to produce groundwater by virtue of their owning overlying land or having 27 corporate boundaries overlying the Six Basins Area. Regular meetings concerning these negotiations 28 HATCH AND PARENT
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1 have been held at the headquarters of TVMWD, a public agency, and were personally attended by 2 representatives from each of the Parties. These meetings have taken place at regular intervals for 3 more than twelve consecutive months and the contents of this Judgment and the status of groundwater 4 conditions in the Six Basins Area has remained readily available. Accordingly, the Court finds that 5 all persons claiming the right to produce had actual notice, constructive notice or could have easily 6 determined upon reasonable diligence that the Six Basins Area was in Overdraft and of each Party's 7 claim to groundwater. The circumstances of such Overdraft and water use are such that each of the 8 Parties either: (i) had actual knowledge of such circumstances; or (ii) should have discovered such 9 circumstances upon the exercise of reasonable diligence or (iii) received constructive notice of the 10 adverse nature of such aggregate production through the public record filings with the State of 11 California pursuant to Water Code Section 4999 and through the various reports published by the 12 Parties.
13 C. High Groundwater Levels. There are cienegas and springs in the Four Basins Area 14 and there is a potential for groundwater to rise to the surface regardless of the replenishment, 15 replacement or storage operations of the Watermaster and carried out by the Parties. Periodically, 16 though not in the past twelve years, high groundwater levels have constituted an important causative 17 factor, in creating damage in the Four Basins Area. 18 D. Water Quality Problems. Some of the Six Basins have experienced problems of high 19 concentrations of nitrates and volatile organic compounds (VOC's) in groundwater. Potential sources 20 of the nitrate are historical agricultural practices and individual wastewater disposal systems, most 21 of which have been abandoned. The Two Basins Area and some of the Four Basins Area have been 22 adversely impacted by high concentrations of nitrates and VOC's and may also require remediation. 23 III. DECLARATION OF RIGHTS AND RESPONSIBILITIES 24 A. General Provisions.
25 1. Surface Water Rights. Pomona and San Antonio have prior and paramount pre- 26 1914 water rights, superior to the rights of any other party, to the surface water and supporting 27 28

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I subsurface flows historically and presently diverted therefrom in San Antonio and Evey Canyon, 2 except as provided in Article VIE Section 9 and as referenced in Article ILIA Section 1 d. 3 a. Historically, Pomona and San Antonio have diverted, and presently are 4 diverting, surface waters and supporting subsurface flows from San Antonio Canyon. 5 b. Historically, Pomona has diverted, and presently is diverting, surface water 6 and supporting subsurface flows from Evey Canyon.
7 c. Pomona and San Antonio are under no obligation to spread such waters. 8 d. Surface waters and supporting subsurface flows diverted in San Antonio and 9 Evey Canyons at existing diversion locations are excluded from (i) the operation of this Judgment 10 and (ii) the determination of Operating Safe Yield, except to the extent of the portion of such waters 11 which are spread by Pomona at its Pedley Treatment Plant, which portion is governed by the 12 provisions of Article VIB, Section 9.
13 e. The diversion and the use of surface waters and supporting subsurface flows 14 shall not be subject to this Judgment.
15 f. The above-referenced surface waters and supporting subsurface flows shall 16 not be subject to allocation among the Parties pursuant to this Judgment. 17 g. Surface waters and supporting subsurface flows may be used by Pomona and

18. San Antonio to satisfy Replacement Water obligations as provided in Article VIB, Section 5. 19 2. Loss of Priorities. By reason of the long continued overdraft in the Six Basins, and 20 in light of the complexity of determining appropriative priorities and the need for conserving and 21 making maximum beneficial use of the water resources of the State, each and all of the Parties listed 22 in Exhibit "D" are estopped and barred from asserting special priorities or preferences inter se to 23 groundwater except as expressly provided herein. All the Parties' rights to groundwater are 24 accordingly deemed and considered to be of equal priority unless otherwise expressly stated herein. 25 3. Limitations on Export. Other than the limitation on Pomona's use of 109 acre feet 26 as further described in Exhibit "D", any Party's share of the Operating Safe Yield, including 27 Carryover Rights and Transfers, may be produced and exported for use outside the Six Basins Area. 28 HATCH AND PARENT
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1 However, groundwater stored and recovered pursuant to a Storage and Recovery Agreement may be 2 produced and exported only in accordance with the terms and conditions of the Storage and Recovery 3 Agreement.
4 4. No Abandonment of Rights. It is in the interest of reasonable beneficial use of the 5 Six Basins Area and its water supply, that no Party be encouraged to take and use more water in any 6 Year than is actually required. Failure to produce all of the water to which a Party is entitled 7 hereunder shall, in and of itself, not be deemed to be, or constitute an abandonment of such Party's 8 right, in whole or in part.
9 5. Pre-Existing Rights. This Judgment controls each Party's rights to the Production, 10 Replenishment, Storage and Recovery of groundwater and expressly supersedes other rights, claims 11 or defenses arising from agreement, operation of law, prior use or a prior judgment to the extent that 12 they are inconsistent with this Judgment. However, nothing in this Judgment shall alter or affect any 13 rights or remedies that any Party may have under any contract or agreement with any other Party on 14 matters which are not inconsistent with or are unrelated to the provisions of this Judgment or as 15 provided in Article IVC herein.
16 6. Physical Solution. This Judgment represents a total and complete Physical Solution 17 for the Six Basins Area and all basins included therein. Although prior hydrologic and physical 18 conditions limited the Safe Yield to 19,300 acre feet per year, through the coordinated and equitable 19 management of the Four Basins and Two Basins Areas provided under this Judgment, an Operating 20 Safe Yield, Operating Plan and Base Annual Production Rights shall be independently established 21 for the Four Basins Area. However, La Verne shall be entitled to produce groundwater from the Two 22 Basins Area in addition to its equitable share of the Four Basins Operating Safe Yield, as provided 23 in accordance with the terms of this Judgment.
24 7. Portability Between the Two Basins and Four Basins Areas. A Party's right to 25 produce, store or recover groundwater accruing under this Judgment in the Four Basins Area may not 26 be transferred, exchanged or exercised in the Two Basins Area. A Party's right to produce, store or 27 28
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1 recover groundwater accruing under this Judgment in the Two Basins Area may not be transferred, 2 exchanged or exercised in the Four Basins Area.
3 B. Rights of the Parties to Produce Groundwater from the Four Basins. 4 1. Declaration of Rights. The Parties listed in Exhibit "D" are the owners of 5 appropriative rights, including rights by prescription, and exercised and unexercised overlying rights 6 of equal priority, and each Party shall be entitled to produce groundwater under the Physical Solution 7 and to share in the Operating Safe Yield of the Four Basins according to the percentages set forth in 8 Exhibit "D" as Base Annual Production Rights in a manner consistent with the provisions of this 9 Judgment.
10 2. Carryover Rights. Any Party that produces less than its share of the Operating Safe 11 Yield in any Year shall have the right to carry the unproduced portion forward to be produced in the 12 following year subject to the following limitations: (a) the first water produced in any Year shall be 13 deemed to be an exercise of any Carryover Right; (b) a Party's Carryover Right cannot exceed 25 14 (twenty-five) per cent of such Party's share of the current Operating Safe Yield for the prior Year; 15 and (c) Carryover Rights may be lost in the event replenishment is discontinued or curtailed as 16 provided below in Article IIIB, Section 7.
17 3. Transferability of Rights. Subject to the limitations set forth in his Judgment, a Base n
18 Annual Production Right and its associated percentage of the Operating Safe Yield, as well as any 19 Carryover Rights and water stored under a Storage and Recovery Agreement, may be transferred, in 20 whole or in part, among existing Parties or to any other person that becomes a Party on either a 21 temporary or permanent basis provided that no Party is substantially injured by the Transfer. Pro- 22 duction pursuant to any such Transfer shall be subject to the limitations on carryover and portability 23 set forth in Article IIIB, Section 4. Any such Transfer shall become effective upon being recorded 24 with Watermaster. Watermaster shall revise Exhibit "D" annually, to reflect any permanent 25 Transfers. The permanent Transfer of any Party's full Base Annual Production Right shall require 26 Watermaster approval. Upon Watermaster approval the permanent Transfer of a Party's full Base 27 Annual Production Right may require an adjustment in the Party representatives to the Watermaster 28 HATCH AND PARENT
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1 and the number of votes of the Party's representatives as provided in Article V. Notwithstanding the 2 provision of this Article IIIB, Section 3, Pomona shall not be entitled to Transfer 109 acre feet of its 3 Base Annual Production Right and its associated percentage of Operating Safe Yield. 4 4. Portability of Rights Among the Four Basins. Any Party with a Base Annual 5 Production Right, shall have the right to produce its share of the Operating Safe Yield of the Four 6 Basins, including any Carryover Rights or Transfers, from any or all of the Four Basins, subject to 7 the following conditions.
8 a. No Substantial Injury. Any groundwater production from a "new" location 9 shall not cause substantial injury to another Party. 10 b. Advance Written Notice to Watermaster. Any Party that intends to 11 undertake any of the following actions shall provide thirty (30) days' advance written notice to the 12 Watermaster: (i) acquire, construct or operate a "new" groundwater production facility in any one 13 of the Four Basins in which it is then producing groundwater; (ii) change the point of extraction from

14. an existing groundwater production facility to a "new" groundwater production facility where the old 15 and the new groundwater production facilities are both within the Canyon or Upper Claremont 16 Heights or Lower Claremont Heights Basins; (iii) change the point of extraction from an existing 17 groundwater production facility on one side of the Indian Hill Fault to a "new" facility on the other 18 side of the Indian Hill Fault.
19 c. Prior Watermaster Approval. Any Party that changes the point of extraction 20 from an existing groundwater production facility on one side of the Indian Hill Fault to a "new" 21 facility located on the other side of the Indian Hill Fault and increases the cumulative rate of annual 22 extraction therefrom by more than 2,000 acre feet per year shall be required to obtain the prior written 23 approval of the Watermaster.
24 d. New Facility Defined. "New" as used in this Section 4 means either (i) an 25 increase or enlargement in the pre-existing design capacity of a groundwater production facility or 26 (ii) a movement in the location of a groundwater extraction facility by more than three hundred (300) 27 feet or from one legal parcel to another legal parcel. 28 HATCH AND PARENT
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1 e. Procedure for Resolution of Disputes. The Watermaster shall make all 2 necessary determinations and resolve all disputes arising under this Article IIIB, Section 4 in 3 accordance with the provisions of Article VIII.
4 5. Rights to Unused Groundwater Storage Capacity. From time to time there may 5 exist in the Four Basins, unused storage capacity. Parties holding Base Annual Production Rights 6 pursuant to this Judgment and TVMWD for the sole purpose of storing Imported Water, shall have 7 the exclusive rights to use such storage capacity, and subject to the complete discretion of the 8 Watermaster, may sink, spread or inject water into the Four Basins Area pursuant to a Storage and 9 Recovery Agreement.
10 6. Priorities for Use of Groundwater Storage Capacity. In directing spreading and 11 controlling the use of groundwater storage capacity, the Watermaster shall give first priority to 12 Replenishment Water; second priority to Carryover Rights; third priority to Storage and Recovery 13 of water which is naturally tributary to the Six Basins Area; fourth priority to Storage and Recovery 14 of Imported Water, and fifth priority to Storage and Recovery of other water. 15 7. Loss of Stored and Carryover Water. After providing notice and opportunity to be 16 heard to any affected Party pursuant to Article IXA, if the Watermaster reasonably determines that 17 Replenishment had to be terminated or curtailed in any year, or that Replenishment Water was 18 rejected because of insufficient storage capacity, some or all of a Party's unproduced Carryover 19 Rights or Storage and Recovery rights may be deemed lost. The amount of water subject to loss shall 20 be equal to that quantity of Replenishment Water which was curtailed or rejected solely because of 21 insufficient storage capacity in the Four Basins.
22 The burden of a determination by Watermaster that rejected recharge has occurred and that 23 there shall be a loss of stored and Carryover water, shall be shared proportionately by each Party to 24 the extent the quantity of water held by each Party at the time of the loss bears to the total quantity 25 of water within each of the classification. Any losses shall be charged first to the storage of other 26 water, then to the storage of Imported Water, then to the storage of Native Water, then to Carryover 27 Water as expressly set forth below.
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1 a. Highest priority shall be given to Replenishment Water. 2 b. Second priority against loss shall be given to Carryover Water. 3 c. Third priority against loss shall be given to storage of Native Water. 4 d. Fourth priority against loss shall be given to storage of Imported Water. 5 e. Fifth priority against loss shall be given to storage of other water. 6 8. Consideration of Groundwater Levels. Watermaster shall make every reasonable 7 effort to establish water operations limits so that the spreading of Replenishment or Replacement 8 water, groundwater storage pursuant to a Storage and Recovery Agreement, or the determination of 9 Operating Safe Yield shall not cause high groundwater levels that result in material damage to 10 overlying property (not including sand and gravel excavations or operations) or cause groundwater 11 to surface above the undisturbed natural terrain.
12 C. The Parties' Rights to Groundwater and Storage in the Two Basins. 13 1. Declaration of Rights. In recognition of the remediation efforts that are likely to be 14 necessary to maximize groundwater production from the Two Basins; because of the detected high 15 nitrate concentrations and in recognition that La Verne is uniquely situated to remedy these water 16 quality conditions and exploit future opportunities; because of the minimal hydrologic 17 communication between the Four Basins and Two Basins, and in furtherance of a complete and total 18 physical solution for the Six Basins Area, La Verne shall have the right to produce as much 19 groundwater as it may reasonably withdraw from the Two Basins Area on an annual basis so long 20 as it does not substantially injure the rights of any other Party. 21 2. Storage and Recovery. La Verne has the sole right to use available storage capacity 22 in the Two Basins in its complete discretion for the Storage and Recovery of groundwater so long 23 as it does not cause substantial injury to any other Party. La Verne shall not be required to obtain a 24 Storage and Recovery Agreement from the Watermaster for Storage and Recovery programs carried 25 out within the Two Basins Area provided that (i) such production or use of storage capacity shall not 26 cause substantial injury to any other Party and (ii) La Verne provides 60 (sixty) days' advance written 27 notice to Watermaster before initiating such a Storage and Recovery program. 28 HATCH AND PARENT
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1 3. Transferability of Rights. Subject to the limitations set forth in Article III A, 2 Section 7, La Verne's right to produce groundwater from the Two Basins Area may be transferred, 3 in whole or in part, among existing Parties or to any other person that becomes a Party, on either a 4 temporary or permanent basis provided that no Party is substantially injured by the Transfer. The 5 permanent Transfer of the right to produce groundwater from the Two Basins Area shall not be 6 effective until approved by Watermaster.
7 D. Rights and Responsibilities of PVPA.
8 1. Spreading Operations. PVPA and the other Parties have negotiated a Supplemental 9 Memorandum of Agreement, attached hereto as Exhibit "C". This Supplemental Memorandum of 10 Agreement and all modifications or amendments thereto shall include a provision for Watermaster's 11 indemnity of PVPA for all Replenishment activities undertaken by PVPA at the direction of the 12 Watermaster. Within sixty(60) days of entry of this Judgment, Watermaster and PVPA shall execute 13 the Agreement. Upon execution, the Agreement shall become part of the Physical Solution. PVPA 14 shall not be required to execute a Storage and Recovery Agreement with Watermaster for its 15 Replenishment activities carried out under the direction of the Watermaster. The Spreading 16 operations conducted by PVPA may result in incidental Replenishment to the Two Basins Area and 17 none of the Parties have a right to object thereto. This Replenishment is authorized under the 18 Judgment.
19 2. Waiver of Claims Against PVPA . The Parties expressly waive any and all claims 20 against PVPA arising from facts, conditions or occurrences in existence before the Effective Date and 21 arising from PVPA's spreading operations including but not limited to water quality degradation, 22 subsurface infiltration, high groundwater or groundwater Overdraft within the Six Basins Area. 23 E. Non-parties.
24 1. Minimal Producers. Minimal producers are not bound or affected by this Judgment. 25 No person may produce twenty-five acre feet or more in any Year without becoming a Party. 26 27
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1 2. Parties' Rights Versus Non-parties Reserved. The Parties expressly reserve all 2 rights, without limitation, concerning any and all claims raised by persons not a Party to this 3 Judgment as provided in Article IV C Section 1.
4 IV. REMEDIES
5 A. Injunctions.
6 1. Injunction Against Unauthorized Production. Each and every Party, its officers, 7 agents, employees, successors and assigns is enjoined and restrained from producing water from the 8 Six Basins except as authorized herein.
9 2. Injunction Against Unauthorized Storage. Each and every Party, its officers, 10 agents, employees, successors and assigns is enjoined and restrained from storing water in the Six 11 Basin Area except as authorized herein.
12 3. Injunction Against Unauthorized Replenishment. Each and every Party, its 13 officers, agents, employees, successors and assigns is enjoined and restrained from replenishing water 14 in the Six Basin Area except as authorized herein. 15 B. Continuing Jurisdiction
16 1. Jurisdiction Reserved. Full jurisdiction, power and authority are retained by and 17 reserved to the Court upon the application of any Party, by a motion noticed in accordance with the 18 review procedures of Article XIA, Section 6 hereof, to make such further or supplemental order or 19 directions as may be necessary or appropriate for interpretation, enforcement or implementation of 20 this Judgment, and to modify, amend or amplify any of the provisions of this Judgment or to add to 21 the provisions thereof consistent with the rights herein decreed; provided that nothing in this 22 paragraph shall authorize a reduction of the Base Annual Production Right of any Party except 23 pursuant to a Transfer.
24 2. Intervention After Judgment. Any Non-party who proposes to produce 25 Groundwater from the Six Basins Area in an amount equal to or greater than 25 acre feet per Year, 26 may seek to become a Party to this Judgment through (a) a stipulation for intervention entered into 27 with Watermaster or (b) any Party or Watermaster filing a complaint against the Non-party requesting 28 HATCH AND PARENT
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1 that the Non-party be joined in and bound by this Judgment. Watermaster may execute said Stipu- 2 lation on behalf of the other Parties herein, but such stipulation shall not preclude a Party from 3 opposing such intervention at the time of the Court hearing thereon. A stipulation for intervention 4 must thereupon be filed with the Court, which will consider an order confirming said intervention 5 following thirty (30) days' notice to the Parties. Thereafter, if approved by the Court, such intervenor 6 shall be a Party bound by this Judgment and entitled to the rights and privileges accorded under the 7 Physical Solution herein, including a Base Annual Production Right in an amount equal to its average 8 annual production in the twelve-year period beginning on January 1, of 1985 and ending on 9 December 31, 1996, or any Base Annual Production Right it may obtain by a transfer. 10 C. Reservation of Other Remedies.
11 1. Claims By and Against Non-parties. Nothing in this Judgment shall expand or 12 restrict the rights, remedies or defenses available to any Party in raising or defending against claims 13 made by any Non-party. Any Party shall have the right to initiate an action against any Non-party 14 to enforce or compel compliance with the provisions of this Judgment. 15 2. Claims Between Parties on Matters Unrelated to the Judgment. Nothing in this 16 Judgment shall either expand or restrict the rights or remedies of the Parties concerning subject 17 matter which is unrelated to the quantity and quality of groundwater allocated and equitably managed 18 pursuant to this Judgment other than as provided in Article IIIA, Section 1. 19 3. Groundwater Levels. Except as expressly provided herein, nothing in this Judgment 20 shall either expand or restrict the rights or remedies at law that any Party may have against any other 21 Party for money damages to real or personal property resulting from high groundwater or defenses 22 thereto for events or occurrences after the Effective Date. 23 V. WATERMASTER
24 A. Composition. Voting and Compensation. The Watermaster shall be a committee 25 composed of one representative of each of the following Parties, and each representative shall have 26 the authority to cast the indicated number of votes on any question before the committee:
27 City of La Verne 5 votes
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1 City of Pomona 5 votes
2 City of Upland 5 votes
3 Southern California Water Company 5 votes
4 City of Claremont 2 votes
5 TVMWD 2 votes
6 PVPA 2 votes
7 Simpson Paper 1 vote
8 Pomona College . 1 vote
9 San Antonio 1 vote
10 Committee representatives having the combined authority to cast twenty votes shall constitute a 11 quorum for the transaction of affairs of Watermaster and seventeen affirmative votes shall be required 12 to constitute action by Watermaster. Representatives shall be compensated for their services by their 13 respective appointing authorities. Representatives may be reimbursed by Watermaster for out of 14 pocket expenses incurred on authorized Watermaster business. 15 B. Nomination and Appointment Process. Each of the Parties named in Article VA, 16 above, shall within thirty (30) days of entry of this Judgment submit to the Court its nominees for its 17 representative member of the Watermaster Committee and one alternate and the Court shall in the 18 ordinary course confirm the same by an appropriate order of appointment. Once appointed 19 representatives and their alternates shall normally serve until a replacement is designated by the Party 20 or until removed by the Court. If a representative or alternate is no longer willing or able to serve 21 for any reason the Party represented by such member or alternate shall promptly submit a 22 replacement for the member or their alternate. There shall be no need for replacement representative 23 members or alternates to be approved by the Court. In its annual report to the Court, Watermaster 24 shall update the list of its representative members and alternates. 25 C. Succession. For the purpose of determining whether a permanent Transfer of a Base 26 Annual Production Right shall affect whether a Party shall have a Representative on the Watermaster 27 Committee and the number of votes held by the representative, the following guidelines shall apply:
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1 1. Partial Succession. The permanent Transfer of less than any Party's full Base 2 Annual Production Right shall be considered a "partial" succession. A partial succession shall not 3 create any new or additional voting rights in the successor Party or require any modifications to the 4 rules and procedures under this Article V. The full Base Annual Production Right of any Party shall 5 be equal to the entire quantity of the Base Annual Production Right for that Party set forth in Exhibit 6 D on the Effective Date.
7 2. Non-Party Successor. A permanent Transfer of the full Base Annual 8 Production Right of any Party to a Non-Party shall automatically include the authority to cast the 9 number of votes held by the Party. In addition, the Non-Party shall succeed to all other rights and 10 responsibilities of their predecessor Party under this Judgment. 11 3. Party Successor. A permanent Transfer of the full Base Annual Production 12 Right between Parties shall automatically include the authority to cast a number of votes equal to the 13 greater of: (a) the number of votes indicated for the acquiring Party on the Effective Date or (b) the 14 number of votes indicated for the Party whose Base Annual Production Right has been acquired at 15 the time the Transfer is approved by the Watermaster. The number of votes equal to the lesser of 3(a) 16 or 3(b) shall be extinguished. The acquisition of one Party's full Base Annual Production Right by 17 another Party shall not cause a change in the number of votes required to constitute a quorum or to 18 take an action under this Article. However, in the event more than two votes are eliminated, any 19 Party or the Watermaster upon its own motion, may petition the Court to revise the required number 20 of votes to constitute a quorum or to take action under this Judgment. 21 D. Powers and Duties. Subject to the continuing supervision and control of the Court 22 and the limitations set forth in this Judgment, Watermaster shall have and may exercise the following 23 express powers, and shall perform the following duties, together with any specific powers, authority 24 and duties granted or imposed elsewhere in this Judgment or hereafter ordered or authorized by the 25 Court in the exercise of its continuing jurisdiction:
26 1. Developing, Maintaining and Implementing the Operating Plan. 27 2. Adopting Rules, Regulations, Procedures, Criteria and Time Schedules. 28 HATCH AND PARENT

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1 3. Acquiring or Investing in Facilities or Facility Improvements. 2 4. Acquiring or Investing in Monitoring Facilities. 3 5. Inspecting and Testing Measuring Devices.
4 6. Levying Assessments
5 7. Requiring the Acquisition of and Recharge of Replacement Water. 6 8. Contracting for Necessary Services. (Including the execution of agreements regarding 7 spreading and groundwater modeling.)
8 9. Employing Agents, Experts and Legal Counsel provided that Watermaster shall not 9 contract with or otherwise engage a Party with a Base Annual Production Right to 10 perform directly or indirectly, administrative services. However, this limitation shall 11 not apply to spreading services under Exhibit C, and meter reading. 12 10. Adopting an annual budget for monitoring and reporting legal and administrative 13 costs.
14 11. Managing Watermaster Funds.
15 12. Cooperating with Federal, State and Local Agencies. 16 13. Entering and Administering Storage and Recovery Agreements. 17 14. Maintaining a Notice List.
18 15. Reporting Annually to the Court.
19 16. Engaging in Dispute Resolution.
20 17. Prosecuting litigation against Non-parties in furtherance of the Judgment. 21 18. Limiting groundwater production to Operating Safe Yield during a Water Shortage 22 Emergency.
23 E. Organization and Meetings. At its first meeting in each Year Watermaster shall elect 24 a chair, vice chair, secretary and treasurer and such other officers as may be appropriate. Watermaster 25 shall hold regular meetings at places and times specified in its rules and regulations, and may hold 26 such special meetings as may be required. Watermaster shall provide notices of all regular and special 27 meetings to all parties and any person requesting notice in writing. Any meeting may be adjourned 28 HATCH AND PARENT
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1 to a time and place specified in the order of adjournment. Meetings shall be conducted to the extent 2 practicable in accordance with the provisions of the California Open Meetings Law ("Brown Act") 3 California Government Code Section 54950, et seq as it may be amended from time to time. 4 F. Limits on Assessments. Watermaster shall not have the authority to levy assessments 5 beyond those specifically described herein.
6 VI. PHYSICAL SOLUTION FOR THE SIX BASINS AREA
7 A. General Purposes and Objectives.
8 1. Physical Solution is Consistent With the Public Interest. The Physical Solution 9 is- consistent with each Party's full enjoyment and the reasonable exercise of its respective water 10 rights will not materially injure the interests of any Parties and will promote coordinated groundwater 11 management with due regard for the environment and it is therefore consistent with the public interest 12 and the reasonable and beneficial use of water.
13 2. Balance of Equities. This Physical Solution constitutes a legal and practical means 14 for balancing the needs of the Parties for a reliable water supply, providing an appropriate incentive 15 for remediation of poor water quality conditions, managing the available groundwater storage 16 capacity to protect against loss of available groundwater and against damage from high groundwater 17 levels with due regard for the environment .
18 3. Flexibility. It is essential that this Physical Solution provides maximum flexibility 19 so that the Watermaster and the Court may be free to adapt and accommodate future changed 20 conditions or new institutional or technological considerations. To that end the Court's retained 21 jurisdiction may be utilized to augment or adjust the Physical Solution without adjustment to a Party's 22 Base Annual Production Right.
23 B. Guidelines for Operation of Four Basins Area. 24 All production, replenishment, replacement, and Storage and Recovery of water in the Four 25 Basins Area must be conducted pursuant to the Operating Plan adopted by Watermaster in accordance 26 with the principles and procedures contained in this Judgment. The following general pattern of 27 operations is contemplated:
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1 1. Replenishment. Groundwater will be replenished pursuant to Exhibit "E" or under 2 any other replenishment program or activity to the extent water which is naturally tributary to the Six 3 Basin Area, is available for that purpose and can safely be spread. 4 2. Storage and Recovery. Other Native Water, imported water or other water may be 5 stored and recovered pursuant to Storage and Recovery Agreements. 6 3. Operating Safe Yield. Watermaster will annually, not later than September 15, 7 establish the Operating Safe Yield for the Four Basins for the following Year, taking into 8 consideration the amount of water in storage and the need to control water table elevations. 9 Watermaster shall review the condition of the Four Basins at least quarterly during the Year and may 10 make any appropriate adjustments of the Operating Safe Yield. 11 4. Production. In any Year, each Party will be free to produce its share of the Operating 12 Safe Yield, including any Carryover Rights or Transfers, plus any water authorized to be recovered 13 pursuant to a Storage and Recovery Agreement. Except upon Transfer, no change shall be made to 14 any Party's Base Annual Production Rights.
15 5. Replacement Water. Notwithstanding any limitation contained in this Judgment, a 16 Party may produce and export water from the Four Basins in excess of its Base Annual Production 17 Right and its share of the Operating Safe Yield, plus unused Carryover rights and recoverable 18 groundwater pursuant to an approved Storage and Recovery Agreement, subject to the requirement 19 to provide Replacement Water in the manner set forth herein. 20 a. Obligation to Provide Replacement Water. To the extent a Party's 21 production in the Four Basins or in any basin exceeds that Party's share of the Operating Safe Yield, 22 plus unused Carryover rights and recoverable groundwater pursuant to an approved Storage and 23 Recovery Agreement, the Party shall arrange for delivery of Replacement Water in an amount equal 24 to the Party's excess production by any of the following: (i) acquiring Replacement Water directly 25 from TVMWD except Upland which may also acquire Replacement Water from the Inland Empire 26 Utilities Agency ("the Empire"); (ii) arranging for delivery of a Native water supply other than 27 Replenishment Water; or (iii) paying a Replacement Water Assessment to Watermaster for the 28 HATCH AND PARENT
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1 purpose of acquiring Replacement Water directly from TVMWD except as to Upland for which 2 Watermaster may acquire replacement water from the Empire. 3 b. In Lieu Procedures. Replacement Water may be supplied through In-Lieu 4 Procedures, spreading or other method at a place, time and manner, acceptable to Watermaster, for 5 a price and upon terms to be determined by TVMWD except as to Upland for which the price and 6 terms may be determined by the Empire.
7 c. Replacement Water Assessment. Watermaster will use Replacement Water 8 Assessment proceeds to acquire Replacement Water from TVMWD, or as to Upland, the Empire. 9 6. Development, Maintenance and Implementation of the Operating Plan. Water- 10 master is directed to maintain and implement the Operating Plan such that Production, Replenishment 11 and Storage and Recovery of water are consistent with and implement the purpose and objectives of 12 the Physical Solution herein. The Operating Plan shall include rules, regulations, procedures, criteria 13 and time schedules, as appropriate, for at least the following elements:
14 a. Establishing and adjusting the Operating Safe Yield. 15 b. Replenishment.
16 c. Execution of supplemental agreements with PVPA regarding spreading 17 grounds and the funding thereof.
18 d. Acquisition and delivery of Replacement Water.
19 e. Standard terms and conditions of Storage Agreements. 20 f. Replenishment, replacement and storage limits needed to protect against high 21 groundwater levels.
22 g. Remediation of water quality problems.
23 h. Monitoring systems and protocols, including such for groundwater levels. 24 i. Monitoring, reporting and verification programs. 25 j. Transfers.
26 k. Annual budgets.
27 1. Financial management.
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1 m. Reporting to the Court.
2 n. Levying Assessments.
3 7. Initial Operating Plan. Within six months of the effective date of this Judgment 4 Watermaster shall submit to the Court for approval an initial Operating Plan. An outline of the Initial 5 Operating Plan is attached as Exhibit "G."
6 8. Annual Review of the Operating Plan. Watermaster shall review the Operating Plan 7 at least annually and, subsequent to each such review, submit to the Court for its approval any 8 proposed amendments or revisions.
9 9. Replenishment. PVPA and Pomona historically augmented the Native Safe Yield 10 within the Four Basins Area through replenishment programs or activities. For many years these 11 replenishment programs or activities have resulted in the spreading and percolation of native waters 12 originating in the San Antonio Canyon and Evey Canyon. To the extent such waters have been 13 historically spread, they comprise a portion of the Safe Yield and Operating Safe Yield subject to 14 management under this Physical Solution.
15 a. All Replenishment shall be at the direction of the Watermaster. 16 b. At the direction and sole discretion of the Watermaster PVPA shall, pursuant 17 to the Memorandum of Agreement set forth in Exhibit "C" or any subsequent 18 amendments thereto, continue to spread such native waters as it receives. 19 c. Unless it is acting for the benefit of another Party pursuant to a Storage and 20 Recovery Agreement approved by the Watermaster, except for Replacement Water, 21 all water PVPA spreads, sinks or injects shall be considered Replenishment and shall 22 comprise a portion of the Operating Safe Yield.
23 d. Although Pomona has no continuing obligation to spread or replenish, all 24 waters spread in excess of its "historical replenishment" shall not be considered 25 Replenishment and a part of the Operating Safe Yield of the Four Basins Area. The 26 "historical replenishment" of Pomona shall be equal to a twelve (12) year annual 27 average for the twelve (12) years immediately preceding the filing of the complaint 28 HATCH AND PARENT
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1 (1985-1996), which is determined to be one-hundred and thirty) acre feet. All water 2 Pomona spreads, sinks or injects, or causes to be spread, sunk or injected (collectively 3 augmentation) in excess of the historical replenishment shall not be considered a 4 portion of the Operating Safe Yield, and shall not be allocated among the Parties 5 pursuant to their Base Annual Production Rights. Pomona shall be entitled to produce 6 such excess quantity in addition to its Base Annual Production Right under a pre- 7 approved Storage and Recovery Agreement as provided in Article VIA, Section 10 8 in a form substantially similar to Exhibit F hereto, which is ordered to be executed by 9 Watermaster and Pomona within sixty (60) days from the Effective Date. 10 Measurement of Pomona's rights to recover water under any Storage and Recovery 11 Agreement shall be administered as follows:
12 i. Pomona shall be entitled to recover the amount by which its 13 augmentation of water over the twelve (12) year period ending with 14 the current year exceeds 1,560 acre feet.
15 ii. If less than twelve (12) years have elapsed since the effective date of 16 this Judgment, Pomona shall have the right to recover the amount by 17 which the total number of acre feet of groundwater augmented by 18 Pomona exceeds one hundred thirty (130) acre feet times the number 19 of years elapsed.
20 iii. The amount in excess of Pomona's historical replenishment may be 21 recovered by Pomona as provided in the Storage and Recovery 22 Agreement.
23 10. Storage and Recovery Pursuant to Storage and Recovery Agreements. 24 Watermaster may enter a Storage and Recovery Agreement with any Party holding a Base Annual 25 Production Right or TVMWD so long as the Storage and Recovery of groundwater will not cause an 26 unreasonably high groundwater table and physical damage. A Storage and Recovery Agreement 27 shall contain uniform terms and conditions as set forth in the Operating Plan and may also contain 28 HATCH AND PARENT
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1 special terms and conditions as deemed appropriate by Watermaster. Water that may be stored 2 pursuant to a Storage Agreement includes any water other than Replenishment Water including 3 augmentation in excess of historical replenishment as expressly set forth under Article VIB, Section 4 9.
5 11. Special Projects. Any Party may propose for Watermaster approval, special projects 6 including projects for controlling water levels or for remediation of water quality problems. Any such 7 proposal shall be accompanied by an analysis that identifies the benefits of the project as well as any 8 potential adverse impacts on any Party and any proposed mitigation measures. After notice to all 9 Parties, if any Party files a written objection to the proposed project, Watermaster shall hold a hearing 10 to determine whether the objections to the proposed project can be resolved. If there are no 11 objections or if objections are resolved to the satisfaction of the Parties or if Watermaster determines 12 that the objections are without merit, then Watermaster shall approve the proposed project. 13 Groundwater produced under authorization as a Special Project shall not be eligible for the accrual 14 of Carryover Rights unless authorized by Watermaster. 15 12. Temporary Surplus Groundwater. From time to time it may be in the best interest 16 of the Parties, for the control of high groundwater, water quality remediation or other reasons, to• 17 produce groundwater over and above the then declared Operating Safe Yield. Therefore, from time 18 to time, the Watermaster may declare a Temporary Surplus of groundwater to be available for 19 production. The Parties' rights to the Temporary Surplus shall be in the same percentages as the Base 20 Annual Production Right bears to the Operating Safe Yield. A Party's rights to temporary surplus 21 shall not be eligible for the accrual of Carryover Rights set forth in Article IIIB, Section 2. 22 C. Guidelines for Operation of the Two Basins Area. All Production, Replenishment 23 and Storage and Recovery rights for groundwater in the Two Basins Area are reserved to La Verne. 24 However, La Verne's Production, Replenishment and Storage and Recovery of groundwater must not 25 substantially injure other Parties.
26 1. Replenishment. La Verne shall have sole and complete discretion in the operation 27 of Replenishment programs in the Two Basins Area provided that no other Party is substantially 28 HATCH AND PARENT
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1 injured by the program. La Verne shall provide written notice to Watermaster sixty (60) days in 2 advance of any Replenishment program being undertaken. 3 2. Storage and Recovery. La Verne shall have sole and complete discretion in the 4 operation of a Storage and Recovery program in the Two Basins Area provided that no other Party 5 is substantially injured by the program. La Verne shall provide written notice to Watermaster sixty 6 (60) days in advance of any Storage and Recovery program being undertaken. La Verne shall 7 annually report the quantity of groundwater stored pursuant to a Storage and Recovery Program in 8 the Two Basins Area.
9 3. Production. La Verne shall have sole and complete discretion to produce 10 groundwater from the Two Basins Area provided that no other Party is substantially injured by such 11 production. La Verne shall report its groundwater production to the Watermaster on a monthly basis. 12 VU. ASSESSMENTS
13 A. Ground Rules
14 1. Authorization. Subject to the continuing supervision of the Court and the limitations 15 set forth in the Judgment, Watermaster is authorized to levy assessments to fund Replacement Water 16 acquisition costs, administrative costs and other costs determined by Watermaster to be necessary for 17 the implementation of the physical solution.
18 2. Assessment Spread. Excluding Replacement Water Assessments, all assessments 19 levied by the Watermaster shall be spread such that Claremont, Pomona College and TVMWD 20 (collectively, the "Minor Parties") shall each individually be assessed three and one half(3.5) percent 21 of the total assessment , and eighty-nine and one half(89.5) percent of the total assessment is spread 22 among La Verne, Pomona, Upland, San Antonio, West End, and SCWC (collectively, the 23 "Major Parties") in proportion to their then-current holdings of Base Annual Production Rights, 24 provided that for assessments other than for Replacement Water or administration (a) the total amount 25 spread among Minor Parties shall not exceed sixty-thousand $60,000, escalated, in any year without 26 their unanimous consent and (b) the total amount spread among the Major Parties in any year shall 27 not exceed ten dollars (S 10.00), escalated, per acre foot of their Base Annual Production Rights 28 HATCH AND PARENT
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1 without their unanimous consent. "Escalated" shall mean an annual adjustment in the specified dollar 2 value based upon the Consumer Price Index for Southern California in the immediately preceding 3 Year. No escalation adjustment shall be made until the Judgment has been in effect for twelve 4 consecutive calendar months. PVPA shall not have any obligation to pay any assessments. 5 3. Administrative Assessment. Watermaster is authorized to levy an annual assessment 6 that is sufficient to fund the costs of administering the Judgment. The administrative assessment shall 7 not exceed the cost of Watermaster's administrative budget and shall be due and payable according 8 to a schedule established by Watermaster. The administrative assessment for the first Year following pvAt AP
9 entry of Judgment shall be $8.00 and shall be due and payable on January 15, 1999. Late payment 10 shall bear an interest penalty to be established annually by Watermaster. (eoco04 �� 11 4. Replacement Water Assessments. To the extent Watermaster must acquire and 12 recharge the groundwater with Replacement Water pursuant to the terms of this Judgment, in order 13 to fund the costs thereof, Watermaster is authorized to levy Replacement Water Assessments. 14 Replacement Water Assessments levied against any Party shall be sufficient to pay the costs to 15 replace such Party's production in excess of the sum of such Party's share of the Operating Safe Yield, 16 any Carryover Right or Transfers and any storage recovery, Production of Temporary Surplus or. 17 pursuant to Special Project authorization, during the prior Year, minus any Replacement Water 18 provided to Watermaster by the Party. Any Replacement Water Assessment shall be paid within 19 sixty (60) days from the date of the written invoice from Watermaster. 20 Vffi. DISPUTE RESOLUTION
21 A. Entity for Resolution of Dispute. All disputes arising under this Judgment initially 22 shall be submitted to Watermaster for resolution in accordance with the provisions of this Article. 23 B. Determination RegardinE Substantial Injury. Any Party having a right to be 24 protected against "substantial injury" caused by any other Party; the right to proceed so long as not 25 causing substantial injury to another party; or any other claim, right or remedy against any other • 26 Party arising under the provisions of this Judgment may file a written request with the Watermaster 27 to hold a hearing.
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1 C. Notice and Hearing. Upon receipt of the written request, Watermaster shall provide 2 written notice to each Party which generally describes the nature of the dispute. Thereafter, 3 Watermaster shall cause an item to be placed on the agenda for the next regularly scheduled meeting 4 of the Watermaster or if requested by the moving Party, call a special meeting for the purpose of 5 providing a full hearing of the dispute and providing the interested Parties with notice and 6 opportunity to be heard. No later than 30 days following the conclusion of the hearing(s) 7 Watermaster shall issue a written decision which is dispositive of the dispute and which is supported 8 by written findings. Any Party may seek review of an adverse decision of the Watermaster in 9 accordance with the provisions of Article IX.
10 IX. ADDITIONAL PROVISIONS
11 A. Procedure
12 1. Designation of Address for Notice and Service. Each Party shall designate the name I 13 and address to be used for purposes of all subsequent notices and service herein, either by its 14 endorsement on the Stipulation for Judgment or by a separate designation to be filed within thirty 15 (30) days after Judgment has been entered. Said designation may be changed from time to time by 16 filing a written notice of such change with Watermaster. Any Party desiring to be relieved of 17 receiving notices of Watermaster activity may file a waiver of notice on a form to be provided by 18 Watermaster. Watermaster shall maintain at all times a current list of Parties to whom notices are 19 to be sent and their address for purposes of service. Watermaster shall also maintain a full current 20 list of names and addresses of all Parties or their successors, as filed herein. Copies of such lists shall 21 be available to any person. If no designation is made, a Party's designee shall be deemed to be, in 22 order of priority: (i) the Party's attorney of record; (ii) if the Party does not have an attorney of 23 record, the Party itself at the address on the Watermaster list. 24 2. Service of Documents. Delivery to or service upon any Party by Watermaster, by any 25 other Party, or by the Court, of any document required to be served upon or delivered to a Party under 26 or pursuant to this Judgment shall be deemed made if made by deposit thereof(or by copy thereof) 27 28

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1 in the mail, first class postage prepaid, addressed to the designee of the Party and at the address 2 shown in the latest designation filed by that Party. 3 3. Recordation of Notice. Within sixty (60) days following entry of this Judgment, 4 Watermaster shall record in the office of the County Recorder of the Los Angeles and San Bernardino 5 Counties a notice substantially complying with the notice content requirements set forth in Section 6 2529 of the California Water Code as it exists on the Effective Date. 7 4. Judgment Binding on Successors. Subject to specific provisions hereinbefore 8 contained, this Judgment and all provisions thereof are applicable to and binding upon and inure to 9 the benefit of not only the Parties to this action, but also to their respective heirs, executors, 10 administrators, successors, assigns, lessees, licensees and to the agents, employees and attorneys in 11 fact of any such Persons.
12 5. Costs. No Party stipulating to this Judgment shall recover any costs or attorneys fees 13 in this proceeding from another stipulating Party. In any future proceedings, the costs of notice or 14 service, shall be levied in accordance with the provisions of Article XIA, Section 6. 15 6. Review Procedures. Any action, decision, rule or procedure of Watermaster pursuant 16 to this Judgment shall be subject to review by the Court on its own motion or on timely motion by 17 any Party, as follows:
18 a. Effective Date of Watermaster Action. Any order, decision or action of 19 Watermaster pursuant to this Judgment on noticed specific agenda items shall be deemed to have 20 occurred on the date of the order, decision or action. 21 b. Notice of Motion. Any Party may, by a regularly noticed motion, petition the 22 Court for review of Watermaster's action or decision pursuant to this Judgment. The motion shall 23 be deemed to be filed when a copy, conformed as filed with the Court, has been delivered to 24 Watermaster together with the service fee established by Watermaster sufficient to cover the cost to 25 photocopy and mail the motion to each Party. Watermaster shall prepare copies and mail a copy of 26 the motion to each Party or its designee according to the official service list which shall be 27 maintained by Watermaster according to Article XIA, Section 1, a Party's obligation to serve notice 28 HATCH AND PARENT
21 EAST CARRILLO STREE'
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1 of a motion upon the Parties is deemed to be satisfied by filing the motion as provided herein. Unless 2 ordered by the Court, any such petition shall not operate to stay the effect of any Watermaster action 3 or decision which is challenged.
4 c. Time for Motion. A motion to review any Watermaster action or decision 5 shall be filed within ninety (90) days after such Watermaster action or decision, except that motions 6 to review Watermaster Assessments hereunder shall be filed within thirty (30) days of mailing of 7 notice of the Assessment.
8 d. De Novo Nature of Proceeding. Upon filing of a petition to review 9 Watermaster action, the Watermaster shall notify the Parties of a date when the Court will take 10 evidence and hear argument. The Court's review shall be de novo and the Watermaster decision or 11 action shall have no evidentiary weight in such proceeding. 12 e. Payment of Assessments. Payment of Assessments levied by Watermaster 13 hereunder shall be made when due, notwithstanding any motion for review of Watermaster action, 14 decision, rules or procedures, including review of Watermaster Assessments. 15 16 B. Entry of Judgment. The Clerk shall enter this Judgment. 17 18 DEC 181998
Dated: 1998.
19 J d e of the uperior Court
20 WILL J. DICYITII
21 22
23 24
25 26
27 28

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Sin' OF UPLAND DELLS CM OF POMO WELL., sc w.Co. WELL., W.E.C.W.C. WELL., CRY OF LAAME WELLS c LEGEND WELL AND NUMBER WELL AND NUMBER IBJ 2 WELL AND NUMBER WELL AND NUMBER WELL AND NUMBER STATE ID/ CITY ID/ STATE ID X CITY ID A STATE ID/ COMPANY ID/ STATE ID/ COMPANY ID/ STATE ID N COMPANY ID$ STATE ID fi CITY ID/ .441 (DESTROYED) AAMOSA/2 GARLOCK#, 2c. CANYON RI. -(DESTROYED; CARTWRIGHT THOMPSON CREEK WATERSHED BOUNDARY 24, .1_441A 10 963 BER ELEY 9R1 GREEN 1D2,., LEMON HEGKL p4 .,.. UNCOLN 24E01 UPLAND WELL#2 17K2 P-7 4M1 BERNARD 913 HARRISON/, 2D1 ML VIEW#1 05D2 MALONE 2(INACTIVE) LIVE OAK WATERSHED BOUNDARY 12M01 UPLAND WELL#3(INACTIVE) 17P5 P-B 3401 BOULDER 9L2 HARRISON/2 2D2 ML VIEW/2(DESTROYED) 07F2 MILLS TRACT 25K03 UPLAND WELL�5 BH2 P-9 4C3 CAMPBELL 330 INDI N HILL#3 2F1 ML NEW/4 17A OLD BODY SAN ANTONIO WATERSHED BOUNDARY BN01 UPLAND WELL p7 9D1 P-13 3501 COLLEGE WELL 34R1 MARLBORO 12P1 WEST END WELL/t(INACTIVE) 08A2 LAVERNE HEIGHTS 1 FAULT LIVE 11R1 UPLAND WELL/8(INACTIVE) 4LT P-20 1GNI DEL MONTE/1 3G2 MILLS f1 2B7 WEST END WELL/3 OBA7 LANDiNE HEIGHTS 2 17E01 UPLAND WELL/9 17P3 P-32 1ON3 DEL MONTE/2 35E1 MIRAMAR(3 2B2 WEST END WELL/4 05D3 LAVERNE HEIGHTS 3 LEGAL BOUNDARY OF ADJACENT BASIN 3M3 UPLAND WELL#11 (DESTROYED) 20C1 P-33 1IXJ15 DEL MONTE/3 34H1 MIRAMAR#5 25M1 UPLAND-FOOTHILL/1 (DESTROYED) 07GI BUTTERBAUGH 1 (DLeRN1t:U) 3MI UPLAND WELL#12(DESTROYED) 8F1 P-37 10N18 DEL MONTE i4 28ET PADUA�1 25L1,2 UPLAND-FOOTHILL/3

GEOLOGIC FEATURE
29P01 UPLAND WELLWELL p15(NAME)
3F4 T-2 92R7 DREHER
DURWARD WELL 34A1 POMELLA�1
ALLUVIUM BOUNDARY 29EM UPLAND WELL p18 uT T-T 1081 FNR OAKS 34A2 POMELLA/4 3' UPLAND WELL p17 9E2 FORD�1 33P POMERDS MAIN SAN GABPoEL BASIN WATERSHED BOUNDARY S e W w �.S CO. M Q 9E5 RICHARDS 180 PREPARED BY:

MAIN SAN GABRIEL BASIN gam F.1' 2000' S.A.W.K SELLS WELLS EIDC BASINS AREA 8_, GROUNDWATER RECHARGE FACILITY WELL AND NUMBER WELL AND NUMBER 18402 WELL AND NUMBER POMONA COLLEGE 1 STATE ID' COMPANY ID f STATE ID/ COMPANY ID} STATE ID} COMPANY ID I WELL AND NUMBER FIIMAL BOUNDARYMAP INACTIVE) 10A WELL 5 UPLAND WELL y3 SATE C IVI TE C 5(INACTIVE) 20A WELL 1 2F1 ML VIEW/4 STATE ID/ COMPANY ID/ 28 20C1 WELL 2A 35E1 MIRAMAR/3 3501 COLLEGE WELL No.1 —/27(INACTIVE) 20C2 WELL 28 3501 COLLEGE WELL No.1 1OF1 COLLEGE WELL No.2 DESIGN: JM/MR CHECKED: WDB SCALE: 1' 2000' SAWC WELL#28(INACTIVE) 25C WELL 3 3F3 T-3
(828)357-0588 hie' DRAWN: PWH J.N. 97108 SHEET I OF

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EXHIBIT B

DESCRIPTION OF SIX BASINS AREA
The Six Basins Area lies between the San Jose Hills on the south, the Chino Basin on the east, the San Gabriel Mountains on the north and the Main San Gabriel Basin on the west. The boundaries of the Main San Gabriel Basin are set forth in the Judgment in the case of the Upper San Gabriel Valley Municipal Water District vs. City of Alhambra, et al., Superior Court of the State of California, Los Angeles County, Case No. 924128, and the boundaries of the Chino Basin are set forth in the Judgment in the case of Chino Basin Municipal Water District vs. City of Chino, et al, Superior Court for the State of California, San Bernardino County, Case No. 164327. The Area consists of six interconnected groundwater basins. Each basin consists of all alluvium or other water-bearing formations lying beneath the surface of the basin. The approximate boundaries of the surface of each basin are shown on EXHIBIT A and are described generally as follows:

Canyon Basin. The surface of the Canyon Basin is bounded on the south and east by the surface trace of the Sierra Madre/Cucamonga Fault and on the north and west by the surface trace of the bedrock/alluvium interface between(a) the point of intersection in Township 1 North, Range 8 West, Section 31, SBB&M, of the Sierra Madre/Cucamonga Fault with easterly boundary,of the Main San Gabriel Basin and (b) the point of intersection in Township 1 North, Range 8 West, Section 20, SBB&M, of the Sierra Madre/Cucamonga Fault with the San Gabriel Mountains. The northernmost extent of the bedrock/alluvium interface is assumed to be at the southern boundary of Township 1 North, Range 8 West, Section 13, SBB&M in San Antonio Canyon.

Upper Claremont Heights Basin. The surface of the Upper Claremont Heights Basin is bounded on the south by the surface trace of the Indian Hill Fault, on the east by the westerly boundary of the Chino Basin, on the north by the surface trace of the Sierra Madre/Cucamonga Fault and on the west by the surface trace of the Claremont Heights Barrier.

Lower Claremont Heights Basin. The surface of the Lower Claremont Heights Basin is bounded on the south by the surface trace of the Indian Hill Fault, on the east by the surface trace of the Claremont Heights Barrier, on the north by the surface trace of the Sierra Madre/Cucamonga Fault on the west by the surface trace of the Thompson Wash Barrier.

Live Oak Basin. The surface of the Live Oak Basin is bounded on the south by the surface trace of the Indian Hill Fault, on the east by the surface trace of the Thompson Wash Barrier, on the north by the surface trace of the Sierra Madre/Cucamonga Fault and on the west by the easterly boundary of the Main San Gabriel Basin.

Ganesha Basin. The surface of the Ganesha Basin is bounded on the south and east by the surface of the San Antonio Fault, on the north surface trace of the Indian Hill Fault, and on the west by easterly boundary of the Main San Gabriel Basin and by the surface trace of the bedrock/alluvium interface between (a) the point of intersection in Township 1 South, Range 9 West, Section 11, SBB&M, of the easterly boundary of the Main San Gabriel Basin with the San Jose Hills and (b) 138293.1:6774.54 EXHIBIT B

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the point of intersection in Township 1 South, Range 9 West, Section 14, SBB&M, of the surface trace of the San Antonio Fault with the San Jose Hills.

Pomona Basin. The surface of the Pomona Basin is bounded on the south by the surface trace of the bedrock/alluvium boundary between (a) the intersection in Township 1 South, Range 9 West, Section 14, SBB&M, of the surface trace of the San Antonio Fault with the San Jose Hills and(b)the intersection in Township 1 South, Range 8 West, Section 19, SBB&M, of the boundary of the Chino Basin, on the north by the surface trace of the Indian Hill Fault on the west by the surface of the San Antonio Fault.
138293.1:6774.54 EXHIBIT B

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1 MEMORANDUM OF AGREEMENT
2 BETWEEN THE POMONA VALLEY PROTECTIVE ASSOCIATION 3 AND WATERMASTER OF THE SIX BASINS RELATING TO
4 WATER SPREADING AND RELATED ACTIVITIES
5 6 THE AGREEMENT, made, entered into, and executed as of this day of 7 1999, by and between the Pomona Valley Protective Association ("PVPA"), and Watermaster of the 8 Six Basins ("Watermaster"), relating to water spreading and related activities in connection with the 9 Canyon Basin, the Upper Claremont Height Basin, the Lower Claremont Heights Basin, the Live 10 Oak Basin, the Ganesha Basin and the Pomona Basin (collectively, the "Six Basins"). 11 RECITALS
12 WHEREAS, the rights to groundwater in connection with the Six Basins were adjudicated 13 by the court in an action entitled "Southern California Water Company v. City of La Verne, et al," 14 Case No. KCO29152 in the Superior Court of the State of California, County of Los Angeles, (the 15 "Judgment"), and
16 WHEREAS, the Judgment requires the Watermaster to determine annually an Operating Safe 17 Yield of the Six Basins and to develop an Operating Plan, which will include the monitoring and 18 direction of all production, replenishment, replacement and storage of groundwater in the Six 19 Basins; and
20 WHEREAS, PVPA, a California corporation, formed in 1910 by various water interests in 21 Pomona Valley, engages in water conservation activities for the benefit of its shareholders, which 22 include the City of Upland, Southern California Water Company, the City of Pomona, Simpson 23 Paper Co., Pomona College, the San Antonio Water Company, and the West End Water Company; 24 and
25 WHEREAS, PVPA owns certain real property in and around the Six Basins area primarily 26 consisting of two spreading grounds: the San Antonio Spreading Grounds and the Thompson Creek 27 Spreading Grounds together with appurtenant diversion and conveyance facilities (the "Spreading 28 Grounds" herein); and

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1 WHEREAS, in connection with its water conservation activities, PVPA has conducted 2 several technical studies of the Six Basins including the development of a numerical groundwater 3 model which assists in the prediction of the Six Basins' response to PVPA's spreading activities, and 4 is used to control the groundwater resources for the Six Basins and to mitigate high groundwater in 5 the Six Basins, and
6 WHEREAS, the parties to the Judgment have conducted additional studies including the 7 enhancement and refinement of the PVPA groundwater model. 8 NOW, THEREFORE, in consideration of mutual promises, agreements, and covenants of 9 Watermaster and PVPA collectively referred to herein as "the Parties" agree as follows:
10 I. DEFINITIONS
11 A. The Judgment defines certain important terms. Except as to the definitions provided 12 in this Agreement, the terms used in this Agreement which have been defined in the Judgment shall 13 have the meaning set forth in the Judgment and the definitions set forth in the Judgment are 14 incorporated herein by this reference
15 B. "Emergency" shall mean a sudden event which threatens life or property. 16 C. "Models" shall mean the spreadsheet and the basin wide models used by PVPA in 17 development of an Operating Plan and any subsequent version or improvement thereof. 18 D. "Parties" written with an upper case P, refer to the Watermaster and to PVPA. 19 Parties written with a lower case p, refer to the parties to the Judgment as defined therein. 20 II. SPREADING GROUNDS AND SPREADING OPERATIONS 21 A. Watermaster Direction and PVPA Reservation. PVPA shall use and operate the 22 Spreading Grounds primarily for the spreading of replenishment, replacement and storage water 23 under the direction of the Watermaster Plan. PVPA reserves the right to use the Spreading Grounds 24 for other lawful activities consistent with its water spreading activities so long as doing so does not 25 impair PVPA's ability to spread replenishment water in quantities substantially comparable to 26 historic quantities.
27 B. Impossibility and related defenses. PVPA shall not be liable, in breach or in default 28 of the Agreement if PVPA is unable, either temporarily or permanently, to perform its obligations

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1 under the Agreement for reasons beyond PVPA's reasonable control, including but not limited to, 2 acts of God, eminent domain, impossibility or impracticability of performance, interference of a 3 third party and natural disasters, including without limitation, floods, earthquakes, and fires. 4 C. PUPA Discretion. PVPA shall have discretion to make operational decisions in 5 discharging its obligation hereunder within the scope of Watermaster direction. 6 D. Common conditions of spreading. In addition to the direction of Watermaster PVPA 7 shall spread replenishment, replacement or storage waters subject to the following conditions. 8 1. Cessation of Spreading for Emergencies. PVPA reserves the right to cease 9 spreading at any time, without prior notice to Watermaster if, in the discretion of PVPA, such action 10 shall be warranted by, and in connection with, any emergency condition. PVPA will give 11 Watermaster immediate notice of any such cessation. 12 2. Water Quality. PVPA bears no responsibility for the quality of replenishment, 13 replacement or storage water or the impacts of spreading such water upon water quality of the Six 14 Basins.
15 3. High Groundwater. PVPA bears no responsibility for high groundwater due 16 to any spreading of replenishment, replacement or storage water. 17 4. Rejected water. PVPA bears no responsibility for Joss of replenishment, 18 replacement or storage water which is rejected or otherwise lost. 19 5. Measurement and Reporting. Watermaster shall provide adequate measuring 20 devices to measure the spreading of replenishment, replacement and storage waters and any such 21 water rejected or lost. PVPA will keep, maintain and furnish to Watermaster on a monthly basis, 22 records of the quantities of replenishment waters spread and rejected. 23 6. Record of Deliveries and Spreading. Watermaster shall keep, maintain and 24 furnish to PVPA records of the quantities and quality of replacement or storage waters delivered 25 within 30 days following delivery of such waters. PVPA shall keep, maintain, and furnish to 26 Watermaster the quantities of replacement and storage waters spread within 30 days .following 27 delivery of such water together with an estimate of the quantities of water bypassing the spreading 28 facilities, if any.

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1 7. Compensation. Subject to review by the court under its continuing 2 jurisdiction in Case No. KCO29152, Watermaster shall pay PVPA's actual, reasonable and necessary 3 costs incurred by PVPA in spreading replenishment, replacement and storage water. PVPA will 4 bill Watermaster such costs on a quarterly basis and such bill will include a reasonably detailed 5 accounting of such costs under generally accepted accounting principles (GAAP). Payment is due 6 upon billing. PVPA's costs may be subject to review or audit by an outside accounting firm selected 7 and paid by Watermaster (within thirty days following billing). Within thirty (30) days following 8 billing, Watermaster shall either contest the billing or accept said billing. 9 E. Replenishment water. In addition to the above, PVPA shall spread replenishment 10 water as it becomes available. PVPA has no control over the availability of replenishment waters 11 and is under no obligation to spread any specific quantity of replenishment water. 12 F. Replacement Water. In addition to the above, PVPA shall spread Replacement 13 Water on the Spreading Grounds under the following terms and conditions. Pursuant to the 14 Judgment, only qualified parties under the Judgment may store water in the Six Basins upon entry 15 into a Storage and Recovery Agreement with Watermaster. Upon request, PVPA shall spread 16 storage water under the following terms and conditions:
17 1. Terms of Delivery. Watermaster shall deliver and PVPA shall spread storage 18 water under the same terms and conditions as replacement waters. 19 2. Replacement Water Flows. PVPA will assist Watermaster in determining the 20 allowable daily rates and the duration of replacement water deliveries, based upon conditions 21 existing from time to time, including any unused capacity available at and in PVPA spreading 22 facilities.
23 3. Notice of New or Changed Replacement Water Flows. Watermaster, at least 24 seven(7) days prior to any anticipated delivery of replacement water, shall notify PVPA that water 25 will be available for transport and spreading and shall give PVPA at least forty-eight (48) hours 26 notice of any anticipated change in previously established flow rates of delivery for such water. 27 4. Spreading Grounds Limitations. PVPA may require changes in delivery flow 28 rates when, in PVPA's opinion, continued spreading (in whole or in part) cannot be carried out

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1 hereunder due to operational and/or maintenance problems, including, but not limited to, trespassing, 2 insect infestations, scarification, weed abatement, and/or construction in or at PVPA's conveyance 3 and spreading facilities. When it is reasonable to do so, PVPA will give Watermaster at least twenty- 4 four (24) hours' notice of any such changes.
5 III. OWNERSHIP AND IMPROVEMENTS OF SPREADING GROUNDS 6 A. No Dedication. Nothing in this Agreement shall be construed as a dedication of the 7 PVPA Spreading Grounds or its facilities to Watermaster, the other parties to the Judgment, or to 8 the public use or benefit. The spreading grounds and appurtenant facilities are, and remain, the sole 9 property of PVPA. PVPA may sell, lease, or otherwise dispose of portions of its spreading grounds 10 at its own discretion but not inconsistent with this Agreement. 11 B. Spreading Grounds Improvements. Nothing in this Agreement obligates or otherwise 12 requires PVPA to construct new or additional facilities in connection with its spreading operations. 13 PVPA may at its discretion construct new or additional facilities. Watermaster may propose 14 improvements to PVPA's spreading grounds and facilities at its own expense. 15 C. Condemnation. Watermaster agrees to and does waive and disclaim any interest in 16 any award or settlement which may be made in any proceeding in eminent domain concerning all 17 or part of the Spreading Grounds whether the taking be total or partial, or for easement purposes. 18 If the taking be such as to render the Spreading Grounds totally unfit and unsuitable for the above 19 use, then, pursuant to Paragraph II, PVPA is not in default or breach. 20 IV. GROUNDWATER MODEL
21 A. License for use. PVPA grants Watermaster a license to use its Spreadsheet Models 22 pursuant to the terms and conditions of this agreement for the development of an Operating Plan. 23 In developing the initial operating plan, Watermaster has used PVPA's Groundwater Models. In 24 developing subsequent operating plans or revising such plans, Watermaster shall use PVPA's 25 Groundwater Models and any subsequent version or improvement thereof, or other criteria at 26 Watermaster's discretion.
27 28
21 EAST HATCH
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1 1. Custody of the PVPA's Groundwater Models. Watermaster shall have 2 physical custody of a copy of the model. However, PVPA shall have the right to access the Models 3 for any purpose which is not inconsistent with the Judgment or the direction of the Watermaster. 4 2. Updates to Model.
5 6 Said license shall include, following consultation with PVPA, the right to make changes, • 7 modifications, improvements, updates, or refinements in or to PVPA's Groundwater Model at the 8 sole expense of Watermaster and without any contribution from PVPA. 9 B. Terms and Conditions. For daily operations, Watermaster shall be responsible for 10 keeping, maintaining and reporting on the data base necessary for use of PVPA's Groundwater 11 Models. Watermaster shall collect water level and quality data necessary, including key well levels 12 and rainfall data, to use the Groundwater Models to implement the Physical Solution. Watermaster 13 shall provide this data to PVPA by the fifteenth day of each month. PVPA shall provide 14 Watermaster readings of replenishment water spread, on a daily basis. PVPA then shall provide 15 Watermaster with a monthly report on available storage and water levels of monitoring wells. 16 1. Compensation. PVPA grants Watermaster this license at no cost other than• 17 the continuing costs which may be incurred by PVPA as a result of Watermaster operating the 18 Models.
19 2. No Warranty. PVPA makes no warranty and disclaims all warranties 20 regarding PVPA's Groundwater Model and its subsequent updates or improvements. 21 3. Field Conditions. PVPA shall report to Watermaster any field conditions that 22 may have an impact on Spreading Operations.
23 V. INDEMNIFICATION
24 A. Watermaster Obligations. To the extent which is allowed by law, Watermaster shall 25 indemnify and hold harmless, PVPA, its officers, directors, employees, agents, and representatives 26 against any and all claims, demands, costs, and/or liabilities due to, or arising from any act or 27 omission by PVPA, its officers, directors, employees, or agents arising from any activities not 28 connected with the spreading of water under the direction of Watermaster.

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1 VI. INSURANCE
2 A. Subject to the above, PVPA shall obtain and maintain during the term of this 3 Agreement the following insurance policies:
4 1. General Liability Insurance: PVPA shall maintain general liability insurance 5 for bodily injury, property damage, personal injury, errors and omissions, and if practicable, 6 flooding. The insurance shall be on an occurrence basis. The policy limits shall be at least 7 $1,000,000.
8 2. Property: PVPA shall obtain insurance to provide for replacement of real and 9 personal property owned by PVPA in the event of loss by fire, flood or vandalism. This insurance 10 shall be provided on an occurrence basis and the policy limits shall be at least $1,000,000. 11 VII. MISCELLANEOUS PROVISIONS
12 A. Effective Date. This Agreement shall not be effective until executed by the Parties 13 and approved by the court upon motion of Watermaster in said action in Case No. KCO29152. 14 B. Written Amendments. This Agreement may only be modified, amended, or 15 supplemented by a subsequent writing executed by each Party hereto and approved by the Court 16 with jurisdiction in Case No. KCO29152.
17 C. Choice of Law. This Agreement shall be governed by and interpreted under the laws 18 of the State of California.
19 D. Delivery of Notices. All notices permitted or required under this Agreement shall 20 be addressed to the representative Parties at the following address, or such other address as the 21 respective Parties may provide in writing for this purpose:
22 PVPA: President
23 Pomona Valley Protective Association
414 Yale Avenue, Suite H
24 Claremont, California 91711
25 Six Basins Watermaster As may be designated by Watermaster 26 27
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17,:70-7 'l.c-7-71

1 Such Notices shall be deemed made when personally delivered or, when mailed, forty-eight 2 (48) hours after deposit in the U.S. mail, first class postage pre-paid and addressed to the Party at 3 its applicable address.
4 E. Successors and Assigns. This Agreement is binding on and shall inure to the benefit 5 of the Parties, their respective successors in interest and assigns. 6 F. Assignment. No Party shall have the right to assign it rights or delegate any of its 7 obligations hereunder without the express written consent of the other Party. 8 G. Construction. Each Party and/or its respective counsel has taken part in the 9 negotiation, drafting, and preparation of this Agreement, and, therefore, any ambiguity or 10 uncertainty in this Agreement shall not be construed against any Party. To ensure that this 11 Agreement is not construed against any Party, the Parties expressly agree that any common law or 12 statutory provision providing that an ambiguous or uncertain term will be construed against the 13 drafter of an Agreement is waived and shall not apply to the construction of this Agreement. 14 H. Entire Agreement. This Agreement embodies the entire and final Agreement and 15 understanding of the Parties pertaining to the subject matter of this Agreement, and supersedes all 16 prior Agreements, understandings, negotiations, representations, and discussions pertaining to that 17 subject matter, whether verbal or written, of the Parties. The Parties acknowledge that there are no 18 representations, promises, warrantees, conditions, or obligations of any Party, or counsel (or any 19 Party), pertaining to that subject matter other than is contained in this Agreement, and that no Party 20 has executed this agreement in reliance on any representation, promise, warranty, condition, or 21 obligation, other than is contained in this Agreement. 22 I. Execution. The Parties to this Agreement acknowledge that they have executed this 23 Agreement voluntarily and without any duress or undue influence. The Parties further acknowledge 24 that they (1) have been represented by counsel of their own choice in connection with the 25 negotiation and execution of this Agreement, or have been advised to seek independent counsel of 26 their own choice prior to executing this agreement; (2) have read this Agreement in its entirety; and 27 (3) have entered into this Agreement of their own volition and not as a result of any representations 28 or advice by other Party or counsel for any other Party.

HATCH AND PARENT
SANTABARA RBAA CA Page 664 of 1000
93101-27B2 8 y
-O-
.C7Q"7 '.477.1 ti.1 i .hh;r r

1 J. Counter Parts. This Agreement may be executed in one or more counterparts, each 2 of which shall be deemed an original, but all of which together shall constitute one and the same 3 instrument. This agreement shall become effective and binding immediately upon its execution by 4 both Parties. This Agreement consists of nine (9) pages, including the signature page. 5 K. Termination. Upon motion made by either Party to this Agreement in accordance 6 with the procedures set forth in Article IX, Section A of the Judgment and approval of the Court, 7 this Agreement shall be terminated.
8 9 DATED: WATERMASTER
10 11
12 By:
13 14 DATED: POMONA VALLEY PROTECTIVE ASSOCIATION 15 ,
16 17 By:
18 19
20 21
22 23
24 25
26 27
28 HATCH AND PARENT
1 EAST CARR2 STREE' Page 665 of 1000

SANTA BARBARA,CA
93101-2782 _(�_ g
1 f,774 C

EXHIBIT D
BASE ANNUAL GROUNDWATER PRODUCTION IN EACH BASIN, 1985- 1996 AND TOTAL BASE ANNUAL GROUNDWATER PRODUCTION, 1985- 1996 FOR EACH PARTY, AND EACI1 PARTY'S PERCENTAGE OF 'HIE AGGREGATE OPERATING SAFE

YIELD FOR THE CANYON, UPPER CLAREMONT HEIGHTS, LOWER CLAREMONT HEIGHTS AND POMONA BASINS Party Base Annual Production, Acre Feet per Year Percentage of
Canyon Basin Upper Lower Pomona Total Aggregate Basin Claremont Claremont Basin Operating Heights Heights Safe Yield
Basin Basin
City of La Verne 0 0 0 1,492 1,492 7.731 City of Pomona* 0 1,234 961 1,128 3,323 17.218 Simpson Paper 0 0 0 691 691 3.580
Southern Cal. Water Co. 56 2,895 107 3,647 6,705 34.741 City of Claremont 0 267 0 268 535 2.772 Pomona College 0 357 0 0 357 1.850 City of Upland 408 1,434 0 0 1,842 9.544 West End Consolidated
Water Company 0 2,972 0 0 2,972 15.399 San Antonio Water
Company 0 1,383 0 0 1,383 7. 166 TOTAL 464 10,542 1,068 7,226 19,300 100.000% * Pomona shall have the right to produce an additional 109 acre feet of groundwater per year subject to the following:
11/19/98 15:16
137351.1.6774.54

Page 666 of 1000 ends

(a) Pomona shall provide at least 436 acre feet of recycled water to the property presently designated by the Los Angeles County Assessor as Assessor's Parcel Nos. 834-800-8001, 834-800-8002, 834-800-8009, 834-800-5013 and 834-800-6001 . (b) Pomona's additional production right shall be added to its Base Annual Production Right and shall be subject to all provisions of the Judgment relating to Base Annual Production Rights; provided however, such additional right shall not be subject to transfer or the water produced delivered for use outside the Pomona service area. (c) To the extent in any year Pomona provides less than 436 acre feet of recycled water to the above described property, the additional right of Pomona shall be reduced to an amount equal to one fourth (1/4) of the amount of recycled water provided.

However, no reduction shall occur to the extent the failure to deliver recycled water is the result of sudden occurrences such as storms, floods, fires, earthquakes, accidents or unexpected equipment outage) or acts or omissions of the Los Angeles County Sanitation District which impair the ability of Pomona to make recycled water deliveries. 1 1/19/9tg 15:16
137351 1:6774.54

Page 667 of 1000 ends

EXHIBIT E

DESCRIPTION OF REPLENISHMENT PROGRAMS
San Antonio Spreading Grounds
Owned and operated by the Pomona Valley Protective Association (PVPA), this private facility is comprised of 600 acres of spreading grounds on both the east and west sides of San Antonio channel. The grounds consist of ditches, check levees, gates, metering stations, shallow basins and deep basins. The primary source of water for this facility is from San Antonio Creek by way of controlled releases from San Antonio Dam which is owned and operated by the U.S. Army Corps of Engineers. Water is released from the dam directly into San Antonio Flood Control Channel.

Upon entering the channel, water is diverted into an underground basin where control gates allow regulated flow onto the spreading grounds. Additional sources of water include uncontrolled surface flows from adjacent properties in San Bernardino and Los Angeles Counties. The Corps coordinates its releases with PVPA. Four metering stations are used for flow measurements, and a series of ditches, check levees, gates and appurtenances allow the water to be directed into shallow and deep basins. Since 1896, PVPA has regularly spread water at its facility.

Thompson Creek Spreading Grounds
Owned and maintained by PVPA, this private facility is comprised of approximately 53 acres of spreading grounds south of Thompson Creek Dam and east of Thompson Creek. PVPA operates this facility with the cooperation of the Los Angeles County Flood Control District. The grounds consist of ditches, check levees, gates, shallow and deep basins. The sources of water for this facility are Cobal, Williams, Palmer, and Padua Creeks which are diverted to the grounds by PVPA with the cooperation of the Los Angeles County Department of Public Works through the Palmer Diversion. Surface runoff is diverted onto the grounds by way of Chicken Creek through a diversion located directly north of the grounds. PVPA's facility can also receive water from Thompson Creek Dam when the reservoir exceeds the elevation of 1625 feet above sea level. Since 1918, PVPA has spread water at this facility.

Pomona Spreading Grounds
Owned and operated by the City of Pomona, this facility is comprised of 8 acres of spreading grounds adjacent to the City's Pedley Water Treatment Plant. The City acquired this property in October 1926. The present deep basin configuration of the facility was completed in 1957. The source of water for this facility is San Antonio Creek water delivered through the Loop Merserve Canyon Water Company pipeline and Evey Canyon water. This facility also receives some local runoff. Water has been spread in this vicinity on and off since about 1897.

Live Oak Spreading Grounds
Owned and operated by the Los Angeles County Department of Public Works, this facility consists of approximately 5 acres of spreading grounds. Approximately 1.5 acres north of Baseline Road and

3.5 acres south of route 3.0 freeway extension. The source of water for this facility is controlled releases from Live Oak Dam and Live Oak Debris Basin. This facility was first used in the 1961-62 water year.

Page 668 of 1000 ends

137413.2.6774.54 EXHIBIT E

WATER STORAGE AND RECOVERY AGREEMENT
l. IDENTIFICATION
THIS AGREEMENT dated by and between the CITY OF POMONA, a chartered municipal corporation (Pomona), and the SIX BASINS WATERMASTER, a court appointed entity established by the Los Angeles County Superior Court (Watermaster), and is based upon the following recitals.

2. RECITALS

2.1 Water rights have been adjudicated in the Six Basins Area according to the Judgment in Los Angeles County Superior Court Case No. KC 029152, entitled Southern California Water Company v. the City of La Verne.

2.2 Said Judgment establishes the Watermaster as the court empowered entity responsible for managing the Six Basins Area. Under the provisions of Paragraph VI.B.10 of the Judgment, Watermaster is authorized to enter into Storage and Recovery Agreements with any party holding a base annual production right.

2.3 Pomona is a party holding a base annual production right. In addition, Pomona has historically replenished the Six Basins Area. While Pomona is under no obligation to replenish the Six Basins Area, to the extent that it does augment groundwater supplies in excess of its historical replenishment as provided in Paragraph VI.B.9 of the Judgment, Pomona is authorized to recover such water.

2.4 Spreading and injecting or otherwise recharging groundwater in the Six Basins Area is restricted according to Paragraph IV.B of the Judgment; however, pursuant to Paragraph VI.B.10, 137357.1:6774.54 EXHIBIT F

Page 669 of 1000 ends

Watermaster is authorized to enter into storage and recovery agreements for the utilization of groundwater storage capacity and for subsequent recovery use or credit by the storing entity.

2.5 Pomona and Water master desire to enter into an agreement for the storage and recovery of water.

3. AGREEMENTS
In consideration for the mutual promises and conditions contained herein and for other valuable consideration, the parties agree as follows:

3.1 Pomona may, subject to the conditions hereinafter set forth, spread and cause to be spread water which would be stored for Pomona's account. The amount of water stored and recovered shall be all amounts it has spread or caused to be spread in the Six Basins Area in excess of 130 acre feet annually as specifically provided in Paragraph VI.B.9 of the Judgment. Without limitation on accumulations, Pomona shall acquire and retain ownership of all such storage in excess of the historical replenishment of 130 acre feet per year until such water is produced by Pomona or transferred as a credit toward any Replacement Water obligation.

3.2 Pomona shall issue a report to Watermaster on a quarterly basis indicating the amount of water which Pomona has spread. The report shall be due the last day of the month next following the end of the relevant quarter.

3.3 Recovery of water by Pomona shall be accounted for as follows:

3.3.1 The first water Pomona produces in a calendar year shall be the carryover of unused rights in accordance with Paragraph III.B.2.

3.3.2 The next such water produced shall be Pomona's Base Annual Production Right.
137357.1 6774.54 EXFBIT F

Page 670 of 1000 ends

3.3.3 The next such water produced shall be water stored pursuant to this storage and Recovery Agreement.

3.4 This Agreement shall be effective upon court approval of the Judgment in the above-referenced case.

3.5 Any notices required hereunder may be given by mail postage prepaid and addressed as follows:

TO WATERMASTER:

TO CITY OF POMONA:

Henry Pepper, Director of Utilities
Public Works Department
City of Pomona
505 S. Garey Avenue
Pomona, CA 91769-0660
EXECUTED this day of , 1998, at , CA.

CITY OF POMONA
By:

WATERMASTER
By:
3 137357.1:6774.54 EXHIBIT F

Page 671 of 1000 ends

EXHIBIT G

INITIAL OPERATING PLAN

1. Replenishment. PVPA shall continue to replenish the basin as it has historically done.

PVPA shall curtail replenishment when the Index Water Level is at 1455 or higher, where the Index Water Level is the average of the water level elevations above Mean Sea Level for the following five Key Wells:

Upland-Foothill No. 3 (Owner: WECWC)
Mountain View No. 4 (Owner: WECWC)
Miramar No. 3 (Owner: SCWC)
College No. 1 (Owner: Pomona College)
Tunnel Well No. 3 (Owner: Pomona)
On the second Monday of each month owners of the Key Wells shall measure and report to Watermaster and to PVPA the water level elevations in the Key Wells. Water level elevations shall be measured using protocols specified by Watermaster.

2. Production Measurement and Reporting. Within 180 days following Entry of Judgment each producer shall have installed on all of its producing wells a calibrated device to measure production. Such devices shall conform to, and be regularly calibrated in accordance with, specifications developed by Watermaster. Each producer shall record the monthly production from each well in acre feet and shall report such monthly production for each well and the total for all wells for the month and for the year to date to Watermaster by not later than the third working day following the end of the month.

3. Operating Safe Yield. The initial Operating Safe Yield of the Four Basins is 24,000 acre feet per year.
137333.1:6774.54 EXHIBIT G

Page 672 of 1000 ends

1 PROOF OF SERVICE
•
2 I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 21 East Carrillo Street, Santa Barbara, California 93101-2782. On 3 December % , 1998, I served the within document:
4 NOTICE OF ENTRY OF JUDGMENT
5 6 by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m.
7 x by placing the document listed above in a sealed envelope with postage thereon 8 fully prepaid, in the United States mail at Santa Barbara, California as set forth below.
9 10 by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth below. 11 12 by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below.
13 SEE ATTACHED LIST
14 I am readily familiar with the firm's practice of collection and processing correspondence for 15 mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion 16 of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 17 18 x (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
19 Executed on December a'/ , 1998, at Santa Barbara, California. 20 21
GINA M. LANE
22 23
24 25
26 27
28 HATCH AND PARENT
EAST CARRILL``O STREET
SANT9 BA.2782 CA Page 673 of 1000
931 AREA 2
147283.1:9.22

1 Jess Senecal, Esq. Tom McPeters, Esq.

Lagerlof, Senecal, Bradley and Swift San Antonio Water Company 2 301 North Lake Ave., 10th Floor Home Savings of Am. Building, 2nd Floor Pasadena, CA 91101 4 West Redlands Blvd.
3 Redlands, CA 92378
4 Art Littleworth, Esq.

Best, Best & Krieger Jeanne Verville, Esq.
5 3750 University Ave. Simpson Paper Company
Riverside, CA 92502-1028 1301 Fifth Ave., Suite 2800 6 Seattle, Washington 98101-2613
7 Burt Gindler, Esq.

Morrison&Foerster
8 555 West Fifth St.

Los Angeles, CA 90013-1024
9 10 Steven Kennedy, Esq.

Three Valleys Mutual Water District
11 1839 Commercenter Way
Riverside, CA 92412
12 13 Robert Hawkins, Esq.

Law Offices of Robert C. Hawkins
14 110 Newport Center Drive, Suite 200
Newport Beach, CA 92660
15 16 James Markman, Esq.

Boyd Hill, Esq.
17 Markman, Arczynski, Hanson, Curley
& Slough
18 One Civic Center Circle
Brea, CA 92822-1059
19 20 Arthur Kidman, Esq.

McCormick, Kidman & Behrens
21 695 Town Center Drive, Suite 1400
Costa Mesa, CA 92626-1924
22 23 Jerome Craig, Esq.

Morrison& Foerster, LLP
24 555 West Fifth St., Suite 3500
Los Angeles, CA 90013
25 26 Keith Johnson
Allard, Shelton & O'Connor
27 319 Harvard Ave.

Claremont, CA 91711
28 HATCH AND PARENT
21 EAST CARRIED STREET
SANT 310Rg 82,CA Page 674 of 1000
147283.1:9.22

3,-7, r6ed 2"2), 1?7,c3
371,
1!I
Sa231i

WALKER, WRIGHT, TYLER S, WARD
210 West 7th Street, Suite 631
2 Los Angeles 14, California
TRinity 8936
1,1 Attorneys for Plaintiff
. I
E
h
IN THE SUPERIOR COURT CF THE STATE OF CALIF.7)4NIA
9 IN AND FOR THE COUNTY CF SAN BERNARDINO
10 -.1
121' SAN ANTONIO WATER COMPANY, a corporation,
13 ,1 Plaintiff,
.1c
= 141! -vs-
) No. 92645
115r. FOOTHILL IRR.LGATICN COMPANY, a corporation;
SUNSET WATER COMPANY, a corporation; ION.,10SA
10 WATER COMPANY, a corporation; and OLD SETTLERS 1' WATER COMPANY, a corporation; ALTA LOMA. MUTUAL DECR E. F.

WATER COMPANY, a corporation; AR3JSTRCNG
' SERIES, a corporation; BANYAN HEIGHTS WATER
.11' 1 COMPANY, a corporation; CARNELIAN WATER
11 COMPANY, a corporation; CITRUS WATER COMI1NY,
19i a; cot oration; CLCAMONGA DEVELOPMENT COMPANY,
a cciporation; CUCAMONGA WATER COMPANY, a
20 corporation; HEDGES WELL COMPANY, a corpor-
,, ation; HELLMAN WATER COMPANY, a corporation;
1 HER WATER COMPANY, a corporation;
JOYA MUTUAL WATER COMPANY, a corporation;
22 REX MUTUAL WATER COMPANY, a corporation;
f SAPPHIRE MUTUAL WATER COMPANY, a corporation;
23 1 CH-ARLES SNYDER; UPLAND WATER COMPANY, a
i] corporation; HENRY G. BODKIN and BANK OF
24 AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION,
as Executors of the last will of Giovanni Val,
I; deceased; WESTERN FRUIT MOWERS, a corporation;
HUCI-T. P. CRAWFORD; G. N. HAMILTON RANCH, a
2r" oartnership composed of Arthur 2ridge, Helen
j Rride, and Ccace W., Burt; JOHN DOE ONE to
THIRtY inclusive MAR ' ROE ONE to THIRTY-
incluzive JOHN DOE CO .PA '11 ONE to TUENTY
2j3 - •
inc.Luslye,
DE-Eendants.
30 II
31 -3 -
r; Page 675 of 1000

WHEREAS, there has been filed in the above entitled 2 1 action, a Stipulation for Judgment duly executed by and on the 5 part of each and all of the folloWing named parties to said actidn 4 1
tl/lho are collectively hereinafter referred to as the "stipulating 51 parties') , to wit
6d San Antonio Water Company, a corporation;
71 Foothill Irrigation Company, a corporation;
a ! Ioamosa Water Company, a corporation;
9 I Old Settlers Water Company, a corporation;
10 Sunset Water Company, a corporation;
11 Cucamonga Water Company, a corporation;
12 1 Alta Loma Mutual Water Company, a corporation;
13 III Armstrong Nurseries, a corporation;

5. 0
Banyan Heights Water Company, a corporation;
15 Carnelian Water Company, a corporation;
a . i16 IR Citrus Water Company, a corporation;
Ft 0
4 LA Hedges Well Company, a corporation;
4 la
Hellman Water Company, a corporation;
191
Hermosa Water Company, a corporation;
20 Joya Mutual Water Company, a corporation; • 21 Upland Water Company, a corporation;
22 Western Fruit Growers, a corporation;
Cucamonga Development Company, a corporation;
24 Sapphire Mutual Water Company, a corporation;
26 i
Charl4s Snyder;
25 Hugh P. Crawford;
27 Bank of America National Trust and Savings Association, 23 a nationaldhankIng atociation, and henry G.—Bodkin, as executors of the last Will of Giovanni VOi, deceood 30 1 G. N. Hamilton Ranch, a partnership composed of Arthur 31 I
Bridge, Helen Bridge, Grace W. Burt;
33

Page 676 of 1000 ends

|
||
1 `
i
�
�
I | and Rex �utuol Water Company, .
2 and, '
3 '�iHEDEAS, the Court has beazd and considered evidence on the 4 part of various of the stipulating parties,
5 NUN, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED A1\70 DECREED 0 by this Court that-
7 FIRST: As used hezeln, the terms listed below shall have 8 the zespective meanings next following them, viz: � 9 (a) "Cucamonga Basin" or *Basin" shall mean that ccz-talo IO | territory in the County of San Bernardino, State of Californiaj i|
11 ",Jhich is more particularly described upon Exhibit l, and shall 12 also include all percolating water and underground meter and water 13 sources underlying said territory/
(b) "Imported water" shall mean water derived from s o
' �U 15 stream flow in an area outside of any water shed draining into the u I6l Cur.arQonga Basin. Specifically, water derived from San Antonio � V " �
I7 C �/ Creek i "importedwater".
� Canyon and/or ee s �
�
° I8 |
i (o) "Irrigation sea�sonv shall mean that portion of each 19 year when irrigating is required by the users of tha water sold by 20 the Plaintiff-s and Defendants hereto, While this period varlcn 21 cnnsIdeoably from. year to ymar, the irrigating season generally 22 momenup» during any month in which the rainfall does not exceed 1 23 ' tvm inches, and the season generally texminates after the first 24 rainfall of two lnobey or more. The season usually appzoximatun 23 ' the period from May Ist to November lot.
|
'� n
�� Cprevdio8 neamoul in the balance m-f each year remaining 27 / after deducting the irrigation season fox such year, a�id is 23i usually approximately the period from November lst of one year to | '
29 iMiay lot of the succeeding year. /

3.0 | "Spread" with respect to water shall mpsu to conduct the. 31 same upon and sink the same into the gravels of Cucamonga Basin �

3.1 ducing a spreading season.
|
—3~
�
PGgeO77Of1O0O

'
`
`
l (d) »Aog-regate stipulated water' means the total m=nbe:z, � of acme feet of water set oppvyita the names of all stipuIatizg |�
�/ pazties in Exhibit 2,
(e) "Pro_rata� means, in each case, in the aarne pzopor- | � tinn as the acre feet listed opposite the name qt names of the 6 | party or respective parties in question bear to the aggregate V
' stipulated water; and the verb "pro-zate" means to divide and o share pro-rat= among the stipulating parties.
9U (t) "Allocated water" of any stipulating party oz parties |/ `
iO
/ in each case means the number of acre feet of water set out on lI
Exhibit 2 opposite the hqme or names of such party or parties, I� (g) "Ten preceding years" means the period of ten con- I3
secativ��-caleodar''year.s,which immediately'prec,edea or has precede 14 ip tbe:year or event mentioned.
�
�
~" l5i|
�o 1 (h) "Five-slxtbs of the water users" ubnlI mean stipu- z
l8
w . latiog parties having in the aggregate allocated water which is ! �ty l7 not less than five-sixths of the total allocated water of all _ =
@
I8
stipulating parties.
19 W An viuub" of water or a "mine-r's inchw of nmtam shall 308
mean a flow of water equal to -one-fiftieth (1/50tb) of a cubic �I
foot of water per second of time.
22U �
|i (j) Any party hereto the corporate name of which modo | 23 with nNatez Company" or "Mutual Water Company" will be hereinafter 84 '| �
referred to without such words. Thus "San Antonio" means herein 25 OSaoAutonio Water Company" and similarly with the other part�ea /
using said words 'Water Company" "Mutual Mutual Wa�er Company", �7 | (k) "Canyon pipeline" shall mean the pipeline (varying in' YG
size between approximately 32 inches in inside diameter and about 29 /
! IS inches) which extends Southerly from a point on the chaorel o� ' \
30 Cucamonga Czeeb at an elevation of approximately 23bO feet ahpve � sea levol (herein called "Northerly intake") to the ,round -,vairm Meatiz;ne6 belo-x.
-_-
O /
U | PGOeO70 of 1000

1 (1) "Round weir" shall mean that certain weir of Ioamosa 2 marked on the map Exhibit 3 as "Round Weir"and located near the top 3 of the bluff on the East side of Cucamonga Creek and just Northerly 4 from the Westerly prolongation of Almond Street, said weir being 5 the point from which (a) two ten-inch water lines marked on the map 6 Exhibit 3 as "Ioamosa 10 inch" lead Easterly to Ioamosa's '7Carnelian Street Reservoir (at about elevation 2030 feet above sea 3 level on the East side of Carnelian Street between Hillside Road an. • 9 Almond Street) ; (b) a six-inch water line marked on the map Exhibit 10 as "Hamilton 6 inch"leads Southeasterly to the Hamilton Ranch(which 11 lies South of Hillside Road,North of Banyan Street,East of Sapphire 12 Street and West of Carnelian Street),and, (c) an eight-inch water 13 line marked on the map Exhibit 3 as "Banyan 8 inch" runs Southerly 0 14 down Topaz Street to connect with the water system of Banyan Height . j 15 (,n) "Reservoir Weir" means the weir of Ioamosa located at a < x 16 the Carnelian Street Reservoir.
a�x
f� 17 (n)"Ioamosa Southerly Intake" shall mean a line extending z
18 West across the channel of Cucamonga Creek from the existing"Canyon 19 Weir" of Ioamosa marked on the map Exhibit 3 as. "Canyon Weir",which 20 weir is located in Cucamonga Canyon,is part of the Canyon pipeline, 21 and is situated about midway (or somewhat Northerly thereof)between 22 the round weir and the Northerly intake mentioned above. 23 (o) "Schulhof pipe-line" means that certain three-inch wate;- 24 pipe-line marked on the map Exhibit 3 as "Schulhof 3 inch" which 25 connects with the Canyon pipe-line Northerly of the round weir, and 25 which is mentioned in paragraph Second(h) of that certain decree 27 dated April 12, 1937, in action No. 29,799 (Schulhof v. Cucamonga 23 Development Company) in the above entitled Superior Court. 29 (p) The water to which Ioamosa is entitled as provided in 30 paragraph "Third" hereof is herein called "Ioamosa gravity water", 31 or "gravity water".

J2 (q) An overflow year"shall mean any calendar year for which --5-

Page 679 of 1000 ends

•
the water level determined as hereinafter provided in the index 2 iwell is at an elevation of 1345 feet or higher above sea level. 3 For the purposes of determination of elevation above sea 4 level the United States Geological Survey bench mark on Baseline 5 (also known as 16th Street) as it exists on the date this decree is 6 entered, on or near the north boundary of Section 4, Township 1 7 ' South, Range 7 west, and approximatelyyfour-fifths of a mile west of 8 Vineyard Avenue,shall be deemed to be at an elevation above sea 9 level of 1454 feet. The elevation of the water level in such index 10 well shall be determined by measuring the elevation of such water 11 in such well on October let of each year (Provided that if any such 12 day falls on a Sunday or a holiday, measurements shall be made on 13 the next business day). The index well shall be the well known z 14 as Shaft No. 9-A of the San Antonio Water Company located approx- 14 1<3 15 imately 154 feet Southerly of the Northwest corner of Lot 14 of T.,z.g 16 Red Hill subdivision and shown on the map Exhibit 5. Wells No. 11 17 of Cucamonga Water Company and 20 and 22 of the San Antonio Water s
K
18 Company shall not be pumped within three days before such date of 19 measurements, and the tunnel bulkhead adjacent to Red Hills Country 20 IClub will be kept closed for a like period before such date. If 21 Ifor any reason Shaft 9-A shall not be available for measurement, ?2 then the index well shall be Wells No. 11 of Cucamonga Water Company 23 or 20 or 22 of the San Antonio Water Company, in the order herein 24 listed. If for any reason none of said wells shall be available 25 for such measurement, the identity and location of the index well 26 may be determined by a written stipulation executed by five sixths 27 of the water users and filed in said action, or in default of 28 said stipulation by order of the said court.
29 Annexed to this Decree and hereby incorporated herein are the, 30 following Exhibits:
31 Exhibit 1: A description of the territory under which 32 lies the "Cucamonga Basin";
-6-

Page 680 of 1000 ends

`
l � Exhibit 2: A lint of the "allocated water" of each party � (Other than the stream flow mentioned in paragraph "Third") ; | /
3 ,1 Exhibit 3: A map of "Cucamonga Pipe Lines" ; 4 Exhibit 4-: A map of "Cucamonga Spreading Wor�su; 5 Exhibit 5: A map of "Well and Shaft Locations",; 6 ''and said exhibits are herein respectively referred to as "Ezb±bit l� 7 "Exhibit 2» "Exhibit 3n, "Exhibit 41' and "Exhibit 5". � /
8 | S2CO�}� Ibia paragraph deals with the right and quantity of ' 9 water San Antonio may annually bezeafter extract from the Cucamonga IO `|Dasin as reduced by its failure to previously annually spread therein II the minimum amount of water hereinafter set forth,or as increased by^ 18 its previously annually spreading more imported water therein than 13 said minimum, excepting, bowever,in both such situations the spread-I 11 ling of imported water during years in which such spread causes 21 ^� \
�~a I5 }tbe Basin to nverflnn resulting in uuob year cona��uting an orer�lo w� r
z �
� 16 year, as defined in Paragraph First, subdivision (q)thereof. �t� IY ( For the purpose of the computation iu this Paragraph Si�oond, w
�
° 18 i-"- shall be assumed that San Antonio has spread in each of t�ie teo { I9 .�yaazs previous to 1957, 2,000 acre feet of imported water. wu With respect to each calendar year after entry of this decroa 21 leach preceding ten year period shall be divided into oiocludedl« and ' 22 |"E cludedw years. "Excluded years" ore those calendar years whi l-i 25 are defined as overflow years in Paragraph First, subdivision (q) 24 h w*�au�, �lI o�b�r oaloodoz years are included yma�on. 85 If in the too preceding years Sao Antonio shall have spread &b '
less thao 2,000 acre feat of imported water in any of the incl"dad 27 'yeara, as modified by the assumption above set forth, the difference 28 b-atwoon (a) -The amount of imported water mbicb shall have been so 29 |spread in such included years, and (b) The quantity of 2.000 acre 38 Ifeet multiplied by the number of included yeazs' shall be knowo 3I a the "ten year deficit".
32 11 Any right of San Antonio to extract water £rom t1he Cucamong�1 -7-
Poge681of1UOU

1 iBasin in any calendar year after the entry of this decree shall be 2 reduced by the number of acre feet of water equal to the ten year 3 deficit divided by the number of included years, if any such deficit 4 shall have occurred, so that such right to extract water for such 5 year shall not exceed 6,500 acre feet less the ten year deficit 6 divided by the number of included years.
7 Correspondingly, with respect to each calendar year after 8 the entry of this decree, if in the ten preceding years San Antonio 9 shall have spread more than 2,000 acre feet of imported water in any 10 of the included years,as modified by the assumption above set forth, 11 the difference between (a) The amount of imported water which shall 12 have been so spread in such included years, and (b) The quantity of 13 2,000 acre feet multiplied by the number of included years, shall be m i 14 known as the "ten year surplus". •
y 3 1
e u 15 The right of San Antonio to extract water from the Cucamonga 4111
Two '
45 16 Basin in any calendar year after the entry of this decree, shall be rt
gK 17 increased by a number of acre feet of water equal to 95 percent of " 18 the ten year surplus divided by the number of included years, if any 19 such surplus shall•have occurred, so that there shall be added for 20 such year to San Antonio' s right to extract 6,500 acre feet of water 21 a number of acre feet of water equal to 95 percent of the ten year 22 surplus divided by the number of included years. Provided, however, 23 that in no case shall such increased extraction exceed 2,000 acre 24 feet of water for any one calendar year.
25 So long as the water level in the index well referred to in 26 paragraph First, subdivision (q) herein is at an elevation below 27 1345 feet above sea level, and in the event San Antonio has availabl1 28 in any one calendar year after the year 1956 more than 2,000 acre fet 29 of imported water, and desires to sell the same,it shall,before sellinc 30 such imported water to others not parties to this Decree, annually 31 offer to sell such imported water to the other stipulating parties e2 hereto for spreading in the Cucamonga Basin and at a price to be fix d -8-
1 Page 682 of 1000

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|'
l 'between the parties by negotiation, but in any event to be not 8 gr=atei than the price San Antonio can obtain from others not G |partleu of this Decree.
|
In the event San Antonio and the other stipulating paztizo 5 1hereta do not agree by October lst to the terms for the purcli-lase 6 of said imported water to be sold and spread during the neXt 7 succeeding spreading season, then San Antonio is thereafter free 8 to sell such imported viater to other -persons not parties hereto, 9 or at its option, it may spread such imported viater in the Cucamonga 10 Basin and by so spreading will receive the credit for water II Ispread as provided in this paragraph Seco�d. If the stipulating '
�I� and San Antoni.o agree to' the purchase from San Antonio l5 f any imyorted water, and such stipulating parties, other than 14 San Antonio, purchase said watez and the some in spread in the �"J 15 Cucamonga ucamonga Basin, then during such year no credit shall he �~
� I5 |L`iveo �v 5�n Antonio toward estimating its ten �oa� surplus \
� i
17 or deficit for the amount of water so purchased and opread, w � o
� o
10 THIRD: loamosa and Han, ilton Ranch, a partnership composed 19 '
of Arthur Bridge, Helen Bridge and Grace W, Burt, are the owners 20 11of the paramount right to take and divert throughout each year \|
%I � at or Northerly fxom the Ioamoaa Southerly intake all surface 22 and subsurface flow of Cucamonga Creek' not exceeding boviover 23 two hundred fifty (250) miner's inches of water, (meaou�ed at ' |
24 lae round weir and the intake to the Schulhof pipelioe) ' including \ 85 |ooy water which shall be supplied tv the Schulhof pipeline under � 28 tbo t2rms of said decree in action No. 29'799 or oLhezplise. The (
27 |zight to said flow of Cucamonga Creek up to 250 miner' s inchen �O per year is subject to an obligation of Hamilton Ranch and Iv2mosa ! || |
A9 �to deliver water into the Schulhof pipellne, and the belancc of 3� /ouid %vater is owned by Hamilton Ranch and Ioamosa in the fnllnixiog 31 '
pioportinns:
32 (a) Hamilton Ranch 128/l200ths thereof;
;
. -9-
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| /
U �
PGOeO83Of1O0O
_

}
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I (h) Ioomnaa l thereof, subject to the right Q oil Sapphire to the extent of one (I) inch from the meir box on Ioamosals pipeline located approximately I200 6wot East of the 4 'round weiz«.
5 The rights of Ioamosa to the Zoamoaa gravity water are 8 subject to the provisions hereof. Ioamosa may transport such ' gravity water to any location locations whether within without, 3 the basin, and use or deliver such water at any such location or 9 location, provided, however, if any of the Ioamosa gravity water is 10 Used or conducted outside the Basin in any year, then the quantity Tf II pater which Ioamosa shall be entitled to develop or extract from tbl 12 Basin by Paragraph Fuu ' b and Exhibit 2 'herein� during the next 15 succeeding year abaII be reduced by an amount equal to the guaot1�y 14 of Ioamosa gravity water so used or conducted outside the Basin .J ,^ 15 , during such year.
� |
� The stipulating parties hereto shall within sixty (60) days after the date of this judgment, at their proportionate expense,uno- w � �
" I8 strumt in a manner wblcb, uball have been approved by Sao Antonio

3.9 Water Company or by the above entitled Court a dividing weir loxate 20 {
where Ioamosa now maintains the "round me1zn. Such dividing ve-- . 2I
\ shall be no constructed that it will automatically limit to 249 |
22 iuobea the amount of water that will flow into -the above mentioned 23 four outgoing lines 47bst are now connected with the round weir and i4
are referred to in paragraph First (l) herein.
2�
Within sixty (60) days after the date of this judgment � p0 |
the stipulating parties hereto shall also uoustxuot in a manner 27 *blcb shall have been approved by San Antonio 'Rater Company or 28 by the above entitled Court a dividing mm1r at the said 39 Carnelian Street reservoir. The dividing weir at this point shall |
JO /
be so constructed as to permit Ioamosa to divert fifty inches of 31 such Ioamosa gravity water to domestic use.
-l0- ,

1 During each spreading season, the remaining amount of Ioamosa 2 , gravity water over and above fifty (50) inches, shall be either, 31 (a) Used for irrigation purposes over Cucamonga Basin; or, AI (b) Spread over Cucamonga Basin in the spreading grounds 5 i of Ioamosa or Banyan Heights Water Company; or
6 (c) Returned ,by Ioamosa to the channel of Cucamonga Creek. 7 During each spreading season all of the flow of Cucamonga 3 Creek in excess of such 250-inches after passing through the debris 9 I basins numbered Cl to C12 inclusive on Exhibit 4 shall be spread in 10 spreading grounds which now exist, or are now under construction,or 11 which are proposed, as shown on Exhibit 4,including the channel or 12 wash of Cucamonga Creek, and which overlie the Cucamonga Basin and 13 are North of Baseline Road. Whenever such spreading grounds a,rn .all_. u„± 14 overflowing, or would overflow,the waters which do or would so over- �� 15 flow may be spread in the "15th St.Spreading Grounds` as shown on w<a
,tint: 16 said map, and when the "15th St. Spreading Grounds"also do or would 17 i overflow, the waters which do or would so overflow the "15th St. m 18 Spreading Grounds" may be spread in what is known as the path Street 19 Spreading Grounds!', all as shown on Exhibit 4,even though all or pat 20 of such spreading •grounds do not overlie the Cucamonga Basin. 21 Such spreading shall be done at one or more locations in said 22 spreading grounds which shall be approved by San Antonio. 23 Such flow of Cucamonga Creek may be spread at other locations 24 1 than above provided, and outside the area above described upon the 25 y written consent of 5/6th of the water users, as defined in paragrapz 263 First subdivision (k) of this Decree.
277 If any costs are incurred in such spreading by any party 23 hereto,for which such party would not otherwise be reimbursed,such 29 .I costs shall be pro-rated between the parties hereto. 30 j FORTH: The rights of all stipulating parties to take water 31 from Cucamonga Basin, subject to the adjustments set forth in this 32 1 decree and to the provisions of paragraphs Second and Third above, --11-
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___- _ Page 685 of 1000

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�
i
I are hereby fixed at tho quantities set forth in Exhibit 2' Such 2P rights are correlative' and except as to quantity or as herein.

U
3 otbevwlse stated are equal. No stipulating party shall have any

4. right, tn export -water from the Cucamonga Basin or use water cxtract d / /
5 from the Cucamonga Basin at any place other than over the Cuc"moogai |
6 '}
� Basin except as provided in paragraph Third and as follows:
)
7 (a) The following stipulating parties, or any of them, � 1i may use water which they are entitled to extract from Cucamonga 9 � Basin in any location whatsoever, oamoly, San Ant8oio' Cucamonga, |
lU Uplao�, Old Settlers, and Sunset.
11 (b) Hermosa, Fbothill Irrigation. Company and Alta Loma ` �
U /
1-2 are entitled to export water from Cucamonga Basin only to the � I5 extent hereinafter set forth, and none o� said parties shall ever ' ` |
!
14 ' export from the Basin more water than said "Export quaotity"bereiu 15 �
listed for it, to wit:
� |
� I0 ' partv Export qyaoti+r
n HERK.OSA 343 Acre Feet
�
� I8 FOOTHILL IRRIGATION CUNIBA0Y 483 Acre Feet ISY
| &lTA LOMA bl Acre Feet
/
20 and if in any year water used outside the basin whicb has been ox- 2I | trauted or developed from the basin by any of said parties exceeds 22 / the "Export Quantity, above listed for such party, the quantity of 23 water which such party shall be entitled to develop or extract from 24 the basin in the ensuing year shall be reduced by an amount equal 25 i! to such excess.
�
�6i 117IF3H,; Within sixty (60) clays after the date of this |
�Y judgment, San Antonio sbalI, in the event it has not al-zeady dooe 85 so, install, at the following locations, Suitable recording and � }
/
� by means of which all spread �ater �asxing� , 30 il through such devices may be accurately measured and the quantity n of such water recorded. Said locations are as follows: | |
(l) On 23rd Street at the Northeast oorooz of Ontario -l2-

Page 686 of 1000 ends

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8S Such imyanuring and zecordiog devices shall be of such design and ' 7 conotzuction as may be agreed upon by and between San Antonio and 8111 Cucamonga, or, if they fail to agree,au may be designated by the 3 j Chief Engineer of the Sao Bernardino County Flood Control District, IO h above � t |
n� �y the a ve our ,
!
ll All imported water which is to be spread upon Cucamonga Basin! IV ' whether spread by San Antonio to earn its entitlement under pa�agraph lJ Second hereof, or is spread after the purchase thereof by the parti s U
I4 �� hereto other than San Ant nlo,nh ll be conducted through said reco - � . |
15 ing and measuring devices by San Antnnio'unleos otheroiae ayzzed in x |
* I011 nriting by thestipplating parties, including San Antonin,haviog s � '\
allocated water equal to at least five-sixths (5/6ths) of the pqgre ~ �
= I1� gate stipulated water, and no water not so conducted through such 19 devices and measured shall be counted as water spread under th� 'el3n [ of such paragraph Second' unless so agreed in.writing by such parties, 21 `
Said devices shall be designed and operated no that they }, 22 | ,
oontioyooslr rec-ozrtthe- omannt o-fnsster pa�sing- therethrough !:�etoee 23 \ the s-',*azt abd finish of each spreading sersnh- In ca�enf failure 24 � of measuring devices, average of the preceding and succeeding | |
25 } measurements shall be used. Such records shall be open to the insp�cl �
20 ion of all other stipulating parties on reasonable no-'ice. 27 ) Each stipulating party shall have the right to io:3peoL such 28 recrrding and meosu7ing devices at any tlme.and,ln the event tbst 29 the same shall ever be locked,oach of the stipulatiuq pa_rties shall :30 be fuccished by San Antonio with a key thereto so as to permit ln- | \
3I s9pctinn thereof. Further, San Antonio shall grant to the other Z2 ' stipulating parties bezeto, insofar as it can do so without t,-inq -l3-

Page 687 of 1000 ends

I
1 required to obtain the same from others, a non-exclusive right of 2 ingress and egress from the nearest public street to said recording 3 geasuring devices. The stipulating parties hereto shall pro-rate the 4 expense of the original installation of said recording measuring 5 devices, and San Antonio shall thereafter operate and maintain and 1 51bear the expense of operating and maintaining such devices. 1i• SIXTH: As between the stipulating parties only, no extraction d Hof water from Cucamonga Basin by any party in excess of the amount 9 herein provided to be taken by such party,shall be deemed adverse to 10 any other stipulating party, and each stipulating party hereby waive- 11 as against each other stipulating party the right to plead any statue 12 of limitations or lathes with respect to any extraction of water by 13 such party in excess of such amount.
a 5 14 SEVENTH: Except as provided in paragraph Second,if any stip- J,u 15 ulating party in any year shall fail to take or receive from the basin •
1 42
yIti5 16 or transport beyond the confines of the basin,the full quantity of gzp 17 water which such party is entitled hereunder to take or receive or Cl
' 18 transport beyond said cogfines,as the case may be,such failure shall 19 not entitle such party to take or receive or so transport from the 20 basin in any succeeding year any greater quantity of water than if in 21 each prior year such party had taken,received and so transported 22 from the basin all water which such party was entitled hereunder to -o 23 take, receive and transport,and,subj.ect to the provisions of Dara- 24 graph Fifteen, such failure shall not affect the rights of other 2S parties to the decree to take the stipulated amounts of water they a-e 25 entitled to receive by Exhibit 2 herein.
27 Likewise,except as provided in said paragraph Second, as 23 between the stipulating parties, no right adjudged hereunder of any 29 party to thereafter take water from the Basin or to thereafter trans- 30 port such water beyond the confines of the Basin shall be lost, 31 impaired or diminished by any failure to take or so transport from t`ie Z» ,Basin all or any of the water to which such party is entitled hereune:
33 unless and only to the entent that for a period of at least fifteen -14-

Page 688 of 1000 ends

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consecutive years such right shall not be exercised. 2 EIGHTH: Each stipulating party shall always maintain records 3 lof all extractions of water from the Basin by such party such that it 4 can be determined therefrom for each year what quantity of water was 5 taken from each well, or combination of wells,or other water source 6 within the Basin from which such party received water. 7 Upon written demand of any. other stipulating party,the party 8 keeping such records shall, within 30 days after receipt of such 9 demand, supply to the party making such demand or to the person 10 designated by such party in such demand a written statement of the li amount of water(in acre feet)so taken from each such well or combin- 12 ation of wells, or other source,for each year after 1957, with 13 respect to which no such statement has previously been supplied. . o 14 Within six months hereafter as to existing wells, or upon W a a
7_1�6 15 commencement of operation as to wells first hereafter operated,each u: -
2 16 such well or combination of wells shall be so equipped with measurin pox
avQ 17 devices at the expense of stipulating party who operates the same,as 18Ito show the quantity of water used or extracted,
19 Likewise, if any stipulating party hereafter transports water �0 beyond the confines of the Basin,such transporting party shall there- 21 after maintain such measuring box,meter,weir, or other measuring 22 device as will show readily and accurately the quantity of water at 23 the time being transported beyond the confines of the Basin.P,ieasure- 24 jments of the quantity of water being taken at each of said points 25 ;shall be made by such transporting party at least daily by weir or 26 weekly by meter throughout the entire period water is being taken atl 27 such point. A record of such measurements and hours of operation 28 'shall always be made and maintained by such party.In•case of failure 29 of measuring device, average of the preceding and succeeding measurer- 30 Irnents shall be used.
31 I Each stipulating party and any agent of any such party shall 32 tat all reasonable hours be entitled to inspect all such meters, boxe , -15-

Page 689 of 1000 ends

iiiwreirs and other measuring devices, and to inspect, chec'K, and copy any record of extractions and measurements and of all data and rom- ;5putations pertaining to the same in the possession or under the dAcontroi of any other stipulating party or parties. 511!
NINTH:., Every provision of this Judgment in favor of or Oiapplying to any party hereto shall also apply to and inure to the 7 ] benefit of, and also bind each and all of the heirs, legal represent- 3 1 atives, successors and assigns of such party.
91 TENTH: The maximum quantity of water which any stipulating 104arty shall be entitled to take from the Basin or transport beyond 111its confines shall not be increased or affected by the future 121ilacquisition by such party of additional lands, unless there shall be 13appurtenant to such lands rights to take water, which rights are 14 in this action adjudged to exist.
4 15
Nothing in this judgment contained shall prevent any stiput- ,
ating party from selling or otherwise disposing, or from purchasing 17 or otherwise acquiring, ,any rights to water or to transport the same 18 ,,which may be adjudged to belong to any party to this action;but any 19 such rights so acquired or so disposed shall remain subject to any 20 limitations or restrictions herein expressed. Any transfer of the 21 Lights of any party herein shall be in writing, and notice thereof 22 shall be given to San Antonio Water Company and Cucamonga Basin 23 1;Protective Association, a corporation, whose address is Cucamonga, 24 '1California, before the transfere4 may exercise such transferred rights 25 0 ELEVENTH The stipulating parties shall pro-rate the expense 2' i
!dncurred after the date of this Judgment in prosecuting this action 27to Judgment against any other parties to this action. 23 The stipulating parties will unite in opposing any new, 29iwrongful or unlawful taking of water from the Basin hereafter made 1 by any person or corporation other than a stipulating party or

31. toarties, and will prorate the expense of making such opposition, 32 Ilincluding any litigation or engineering expense, provided that; -16-

Page 690 of 1000 ends

1r
(a) The rem new takingll shall 'sot include any water devel- -
*.pment in the Basin hereafter made for the sole purpose of maintain- ,
31:11,7..9 but not increasing any quantity of water :low being taken from the Basin by the person who may hereafter ma such development, 5 (b) If any stipulating party does not join in prosecuting 61!any -future suit to prevent, enjoin or limit any such new, wrongful 7 or unlaul taking, such stipulating party not so joining shall boar 80ra-rate the expense of such suit (including attorneys fees and 9 Ilangineering expense) only if final judgment is rendered in such losuit preventing, enjoining or limiting such taking. 1111 . TNELFTH: Each stipulating party, and the agents and employees 121of each such party, is and are hereby perpetually enjoined and re- 13 !istrained from doing any act or thing in violation of any provision th' *
g 14 I 10 judgment, other than paragraph Eleventh hereof.

15.4 4 1,
THIRTEENTH: No stipulating party shall be entitled to ul • .
16 drecover court costs from any other stipulating party. i
1? FOURTEENTH: The above entitled action shall continua and may 16 be prosecuted and tried against all defendants therein, other than ,
11,the stipulating parties ; and the stipulating parties shall share 2C the expense of such prosecution pro-rata. The Court will retain 21 jurisdiction to enter modifications of this decree pursuant to 22 :stipulations provided for hereunder.
23i FIFTEENTH: In the event that through inadequacy of the 24 i.,Supply of water in the Cucamonga Basin, or by reason of adjudication 25 lin any subsequent action, the stipulating parties in the oggregata 26 'ishell, be unable to pump and extract from the Cucamonga Basin a 27 'quantity of water so great as the aggregate stipulated water as is 26 forth in Exhibit 2, the stipulating parties shall pre-rata tho laggragate quantity of water available in the Basin as long as such 30 linability shall continue,
51 . In,the event between October 1st of any year and June 15th ;32 illof the succeeding calendar year, five-sixths of the water users -17-
11

Page 691 of 1000 ends

fI
1 shall agree in writing by a stipulation filed in said action that 2 the supply of water in the Basin is inadequate to safely permit the 3 stipulating parties to pump in such ensuing year the aggregate 4 stipulated water and that the amount of water to be pumped by each 5 stipulating party shall for such succeeding calendar year be limited 6 Ito a specified percentage (uniform for all)of the allocated water, 7 then for such succeeding calendar year, each stipulating party is 8 hereby enjoined and restrained from pumping or extracting from the 9 Basin more than such percentage of allocated water of such party 10 (subject to the provisions of paragraphs Second and Third hereof) . 11 SIXTEENTH: The listing upon Exhibit 2 of any number of 12 acre feet for any party to this action other than a stipulating 13 party, shall not be deemed an admission by any stipulating party ra 14 that a non-stipulating party is entitled to any water whatsoever td
..13 15 from Cucamonga Basin, nor as to the quantity which such non- 16 stipulating party may take from said Basin, if any, but each such o:
gg 171figure for any non-stipulating party is listed as a matter of con- 1 , 18 venience and as a possible basis of compromise only. 19 SEVENTEENTH: This judgment supersedes and controls all 20 previous agreements and decrees between the stipulating parties,or 01 lany of them but only insofar as they are inconsistent herewith. 22 Done in open Court this 25 day of April ,19530 231
241
25 CARL B. HILLIARD
26 Judge
27 28
29 w
30 31
32 li -18-

Page 692 of 1000 ends

1 •
11 EXHIBIT 1
TERRITORY UNDER WHICH LIES THE "CUCAMCNGA BASIN'
3y
1 41 That certain territory in the County of San Bernardino, 5 State of California, which is situated to the South of the Sierra 6 Madre range of mountains and is bounded and described as follows, ' to wit:
3 . Beginning at the base of the hereinbefore men- 1 tioned Sierra Madre Mountains at a point situate 9 f 9000 feet due North of the Southwest corner of Lot 241, said lot being delineated on Map of
10 Ontario Colony Lands, recorded in the Office of the County Recorder of said County in Book 11
11 of Maps,at,page 6 thereof; thence running South 12 to said Southwest corner of said Lot 241; thence running in a general Southeasterly direction to
13 the Southeast corner of Lot 419, said lot being also delineated on said Map of said Ontario Colony
1� Lands; thence continuing in a general Southeasterly direction to a point situate thirteen hundred feet
�,}� North of the South line and thirteen hundred feet � 75 East of the West line of Section 4, Township 1 XI 1 South, Range 7 West, S. B. B. & M., thence running 4r4 16 1
in a general Easterly direction to a point situate
Nt 17 on the East line of said Section 4, eighteen hun- '•"�` dred feet North of the Southeast corner of said • t8 Section 4; thence running in a general Northeasterly direction to the Southeast corner of the Southwest
19 quarter of the Northeast quarter of Section 3, Township 1 South, Range 7 West, S. B. B. & M. , thence 20 running Northeasterly to a point situate on the North line of Section 2, Township 1 South, Range 7 West,
21 S. B. B. & M., fourteen hundred feet East of the West line of said Section 2; thence running in a general 22 Northeasterly direction to the base of said mountains, to a point where the division line between ranges
23 six and seven, S. B. B. & M. intersects the South base of said mountains; thence following the meander- ing line of the South base of said mountains, being curved northerly for canyons and southerly for ridges, 26 in a westerly direction to the place of beginning. 26 97
23 20
30 31
32 EXHIBIT 1
1 1

Page 693 of 1000 ends

111
1 , EXHIBIT 2

STIPULATED WATER
NAME ACRE FEET PER YEAR
San Antonio Water Company G' 6500
' Alta Loma Mutual Water Company `l • 600 - Armstrong Nurseries 200
Banyan Heights Water Company ,;-625
9 , carnelian Water Company .r'600
10 Citrus Water Company :450 ,.
1{ Cucamonga Water Company 6�00
12 Cucamonga Development Company (included under None Ioamosa)
Foothill Irrigation Company rK 4600
14 Hedges Well Company
v2 l' Hellman Water Company (included under Ioamosa) None p3 fl 16:° Hermosa Water Company
a 3 Iy loaamsa Water Company
1E
Joya Mutual_slater Company .3-90
10 Old Settlers Water Company uG,� „400
20 Rex Mutual 'Water Cgmpaany
91 Charles Snyder 6-4'14
22 Sunset Water Company � ` t-400
23 Upland Water Company 750
24 25 j1
Heirs and Devisees of Giovanni Vai,deceased -500
Hugh P. Crawford .120
26 1 'Western Fruit Growers . 120
27 Sapphire Mutual Water Company None
23 G. N. Hamilton Ranch, a partnership None
29 AGGREGATE STIPULATID WATER 22,721
31 1
32 EXHIBIT 2
/s �/ Page 694 of 1000

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1 WALKER, WRIGHT, TYLER & WARD
210 W. 7th Street, Suite 631
2 Los Angeles, 14, California,
TRinity 8936
3 Attorneys for Plaintiff
5 6
7 81 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN BERNARDINO
10 11 SAN ANTONIO WATER COMPANY, a corporation,
No.
12 Plaintiff,

STIPULATICN
13 vs..

I REGARDING
--
▪ lA
= a 11 FOOTHILL IRRIGATION COMPANY, a corporation; , SUNSET WATER. COMPANY, a corporation; IOAMOSA TRIAL AND 15 WATER COMPANY, a corporation; and OLD SETTLERS

19.44 WATER COMPANY, a corporation; ALTA LOMA MUTUAL JUDGMZNT --11
/ 16 WATER COMPANY, a corporation; ARMSTRONG
r NURSERIES, a corporation; BANYAN HEIGHTS WATER
1/ COMPANY, a corporation; CARNELIAN WATER
•JI
COMPANY, a corporation; CITRUS WATER COMPANY,
▪ la a corporation; CUCAMONGA DEVELOPMENT COMPANY; a corporation; CUCANONGA WATER COMPANY, a
19 corporation; HEDGES WELL COMPANY, a corpora-
20tion; HELLMAN WATER COMPANY, a corporation;
HERMOSA WATER COMPANY, a corporation;
21 JOYA MUTUAL WATER COMPANY, a corporation;
REX MUTUAL WATER COMPANY, a corporation;
SAPPHIRE MUTUAL WATER COMPANY, a corporation;
CHARLES SNYDER; UPLAND WATER COMPANY, a
23 corporation; HENRY G. BODKIN and BANK OF

AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION,
24 as Executors of the last will of Giovanni Vat, deceased; WESTERN FRUIT GROWERS, a corporation;
HUGH P. CRAWFORD; G. N. HAMILTON RANCH, a partner- 25 ship composed of Arthur Bridge, Helen Bridge, and Grace W. Burt; JOHN DOE ONE to THIRTY, inclusive, ) 25 MARY ROE ONE to THIRTY inclusive, JOHN DOE
COMPANY ONE TO TWENTY inclusive,
27 Defendants.
23 29
30 IT IS HEREBY STIPULATED AND AGREED by and betvieen plaintiff 31 San Antonio Water Company and the undersigned defendants (said 32 plaintiff and defendants being herein called "Stipulating parties' -1-

Page 695 of 1000 ends

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I I
1I that:
2I FIRST: Each of the undersigned defendants hereby appears in ail the above entitled action. The allegations of the complaint on II file in said action shall be deemed denied' by the undersigned 5I defendants, and they shall be and are deemed to have alleged in 6 ! said action that they own such rights to the waters of Cucamonga I '
7 Creek and of Cucamonga Basin (mentioned in said judgment) as may $ 1 be supported by any evidence which may be introduced at the trial. g �f of said action.
1011 SECOND: At any time after the filing of this stipulation 10 said action may be tried as between the stipulating parties. Said 121 trial may be held without notice if the undersigned counsel for the 13 I stipulating parties are present or represented at said trial, and i`l ; in such case notice of said trial is hereby waived.

U 15i1 THIRD: The stipulating parties consent that a Decree in the x.= H
;;ag 16 form which precedes and is attached to this stipulation may be G:ns
a%3 1?
n rendered and entered by the Court in said action, in the event lgll the Court finds such judgment proper under the evidence which shall 19 ! have been introduced.
20 ! FOURTH: The stipulating parties hereby waive the signing 21 or filing of any Findings of Fact in said action in the event a 22I! decree in said form is to be rendered.
23 Dated': Nover 5 , 195/
' SAN AN"TON IO WATER COMPANY
1sJ�C>g�L °Y f2 �fL Pre
26 ' AND 1�•‘<5U`-- Secretary
27 1! .
{ I
WA T WRICiiT 'ER / WA b
28i
29 ;� BY t
+; Attorneys for Plaintiff
30 I!
FOOTHILL IRRIGATION COMPANY •
31 % V a
BY4 li ; resident resident
07 D q ' 1' u 2cretary
-2-

Page 696 of 1000 ends

. • .. .
•
. .
1 IOAMOSA WATER COMPANY
2 BY sz___) --C-it (-Z....,-1...'"Lf,.. .,-,..7...\-\ President ANiA2 2f- .-",1,-•(/
3 -41_- _ef—Ser...r,--.4-ary
4 OLD SETTLERS WATER -.7.:-..)MPANY
5 ,
President
AND- ,..X.--,...4....4j)1, Lic.".4__ ....,..62e-t-Secretary a SUNSET WATER COMPANY
.,.., _.---2/ ' •
9 /--._....e., .4 f ........

BY/., L--..r.-7-z-c--e..-7-7,,-,?-e•-t-,_,-2-'- 2.-e s id ent ,---g,
10 AND F72-2,4--A-1..zz .,44-ckfl,.4,-xim Secretary .11

CLCA, GA WAT COMPANY
12 Y1 ' Lt President
i! AND 4; k, '
. . ...'i / cretary
..e. 1 14
n'•:,,g 1 .i /

ALTA LOMA MUTUAL WATER COMPANY
"il!-i •
=•5,?.. I
a..'g 16 1 BY -t-' fry- President
g i I ,,> <'. Ai Secret a ry
25 .

CARANELN WA
. 4 ,
BY , , dr . 2,ti•-,Lif 7Pres.I.,....enk.

4. i Alip (/' f 1 -....b4/ 4,1Sec.r.etary
29 1 CIT,' S WATER COf
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30 il By
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31 iiAND ..--' •,- pc.4 r- .,1 Secretary_ . 32 ii i / .3.
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Page 697 of 1000 ends

1 HEDGES WELL COMPANY, .
2 BY•/LL`T :'�y/�' J ( - President
3 AND•,/-.7z t,,•-•_2/• A.-_....„ -I • Secretary 4 ✓

HELLMAN WATER COMPANY
BY P ?-‘ Pr)ident
7 AND •�� cretary
3 HERMOSA WATER

COMPANY
—
9 BY�' `,:/ 4 ; �'"C--"President
_� �,� y
10 AND . Secretar
11 j
12 JOYA UAL WATER COMP ..
t
.113 BY President
1 14 AND ecretary
0 15 UPLAND WATER COMPANY
s ±1
4 1&
BY President
" 17
AND Secretary }
li 18 (// l
19 WESTERN UIT GROWERS
'
20 �;BY ae--j - -President
21 AND cretary
22 Cif ELO Yr COMPANY
23 �/ /`;
1 BY J 1`// . •,!•-"✓r President
21 I AND 4 ,,,,,..i{ 77,LZZ ecretary
25 1
25 SAPPHIRE MUTUAL WATER COMPANY
i
27 By /7S ,_t-,_.,.--Presiden�
23 AND ..Cc w1J� 71"4i...4..... ' Secretary 29 / °Ief/L6A0 Kte,/P-n7
30 ��'� rl QlJ/I ,�rrjS
(3=4 .,:„.--•
31 I / L�
//
Hugh P. Crawf d)
32 II
( Page 698 of 1000

•
•
•
HENRY G. BODKIN and
1 I BANK OF AMERICA NATIONAL TRUST AND
SAVINGS ASSOCIATION, •
2 As Executors of the Last Will of
Giovanni Vai, deceased;
3 /)
By
\ T/(Ar rF 15T 0 FIC �•-
i AND
5 (H ry G. Bodkin)
Si G. N. HAMILTON RANCH, a partnership,
BY 4/ -LGG61//
a (Arthur Bridge/
9 BY hFEcOc. . rkrctn�
(Hen Bride)
10 By G7�LU/J ._ f
11 • (Grad w. Burt)
Partners
12 13 cRE�X MUTUAL WATER COMPANY, !"
w ; 14 SY l �t�li�n President
}' ju 15 I X AND / 1, r / r Secretary .3a
Aga 16
°= Stu,. HELLYER
3 17 •
(�
BY 3
18 :Aftorneys for loamosa, Cucamonga,
C Banyan Heights, Joya Mutual, Rex Mutual,
19 and/Sapphire Water Companies, and for
,,
_ Hedges Well Company and Cucamonga
20 Development Company.
21 •
22 •
23 24
25 •
25 27
28 29
30 •
31 32 •
-5
II
•

Page 699 of 1000 ends

City of Upland Contingency Ordinance
Appendix G Contingency Ordinance
Contingency Ordinance and Ordinance 1786
2025 Urban Water Management Plan — Public Draft Page 10aof 1000

Upland Municipal Code
Chapter 13.16 WATER CONSERVATION

13.16.010 Generally
A. Declaration of Policy. It is declared that because of the water conditions prevailing in the city, the general welfare requires that the water resources available to the city,region and state be put to the maximum beneficial use,that the waste or unreasonable use of water be prevented,and that the conservation of water is to be encouraged at all times.

B. Authorization.

1. The city manager shall request the city council to declare that demand for water is anticipated to be in excess of supply,immediately after it appears that such a situation exists or is threatened, if the city council is in session. If the council is not in session,the city manager shall immediately cause a request for a special meeting of the city council to be delivered to each council person who can be located.

2. The city council shall have the power to declare the necessity to implement the applicable provisions of this chapter when in its opinion the demand for water consumption exceeds the city's available supply(allowing for a safe reserve), or threatens to do so,provided there are no immediate resources available to remedy the situation. Such declaration shall be made by public announcement and shall be published in a newspaper of general circulation and shall become effective immediately upon such publication.

C. Application. The provisions of this chapter shall apply to all persons, customers within the city, or property utilizing city water wherever situated.

D. Presumption. For purposes of this title, it shall be presumed that a person, corporation or association in whose name the water utility of the city is or was last billed or who is receiving the economic benefit of the water supply has knowingly made,caused,used or permitted the use of water received from the city for a purpose in a manner contrary to any provision of this title. (Ord. 1786 § 1,2005: prior code § 7730.0)

13.16.020 Penalties
A. Compliance—Guidelines.

1. No customer of the city or person who uses water within the city shall knowingly use, or permit the use of water in a manner contrary to any provision of this chapter, or in an amount in excess of that use permitted by the provisions of this title or that is reasonably necessary to satisfy the water usage need.

2. Unless otherwise provided, any person, firm or corporation violating any provision of this title as adopted by reference above,other than the provisions of Sections 13.20.010 through 13.20.040 of this code, shall be guilty of an infraction or misdemeanor as hereinafter specified at the city's discretion, and each day or portion thereof such violation is in existence shall be a new and separate offense.

B. Any person so convicted shall be:

Page 701 of 1000 ends

1. Guilty of an infraction offense and punished by a fine of not less than$25.00 but not exceeding$100.00 for a first violation during any calendar year or declared conservation stage, whichever time period is shorter in duration;

2. Guilty of an infraction offense and punished by a fine not less than$50.00 and not exceeding$200.00 for a second violation during any calendar year or declared conservation stage,whichever time period is shorter in duration;

3. On conviction of a third violation,guilty of a misdemeanor offense and shall be punished by a fine not less than$500.00 nor more than$1,000.00 during any calendar year or declared conservation stage,whichever time period is shorter in duration.

C. 1. Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor at the city's sole discretion. In addition to the above penalties, such convicted person, firm, corporation or other entity may,in the discretion of the court,be ordered to reimburse the city for all necessary costs incurred through investigation, discovery, analysis, inspection, abatement and other actual costs incurred by the city or its agents pertaining to the violation.

2. The court shall fix the amount of any such reimbursements upon submission of proof of such costs by the city.Payment of any penalty herein provided shall not relieve a person, firm or corporation, or other entity from the responsibility of correcting the condition resulting from the violation.

D. In addition to the above,the water utility director is empowered to enact other penalties and restrictive measures that are intended to abate the conductor circumstances comprising the violation, including but not limited to the following: placement of a flow restricting device upon the water service, locking off of water meter,removal of water meter, and shutting off of the service line valve. (Ord. 1812 § 1,2006;prior code § 7731.00)

13.16.030 Conservation program—Year-round stage.

A. The following activities are prohibited:

1. The washing of sidewalks,walkways, driveways,public and private parking areas and all other impervious hard surfaced areas by direct hosing when runoff water directly flows to a gutter or storm drain, except as may be necessary to properly dispose of flammable or other dangerous liquids or substances,wash away spills that present a trip and fall hazard, or to prevent or eliminate materials dangerous to the public health and safety;

2. Excessive or unreasonable runoff of water or unreasonable spray of the areas being watered. Every customer is deemed to have his or her water system under control at all times, to know the manner and extent of this water use and any runoff,and to employ available alternatives to apply irrigation water in a reasonably efficient manner;

3. Allowing,permitting or causing the escape of water through breaks or leaks within the customer's plumbing or private water distribution system for any substantial period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 72 hours after the customer discovers such a break or leak or receives notice from the city of a break or leak,is a reasonable time within which to correct such break or leak, or, at a minimum,to stop the flow of water from such break or leak;

Page 702 of 1000 ends

4. Outdoor irrigation of landscape by sprinklers during the hours of 10:00 a.m.to 6:00 p.m.

Citizens are encouraged to avoid the use of sprinklers on windy days. Irrigation by handheld hose,drip irrigation,hand-held bucket, or similar container or by use of a cleaning machine equipped to recycle any water used are permitted anytime. In no event shall any water so used be permitted to run off into adjacent property, streets,alleys or storm drains;

5. Washing of automobiles,trucks,trailers,boats,airplanes, and other types of equipment (mobile or otherwise)unless done with a hand-held bucket or hand-held hose equipped with a positive shutoff nozzle for quick rinses. The nozzle shall be removed when the hose is not in use to ensure the water supply is shutoff. However,this section does not apply to the washing of the above-listed vehicles or mobile equipment when conducted on the immediate premises of a commercial carwash;

6. All eating and drinking establishments of any kind including,but not limited to, any restaurant,hotel, café, cafeteria,bar or club,whether public or private, shall not provide drinking water to any person unless it is expressly requested.

B. Exceptions.None of these restrictions shall apply to the following:

1. The routine and necessary use of water, other than for landscape irrigation,by a governmental entity in pursuit of its governmental functions for the benefit of the public, such as construction projects and for the cleaning of streets to prevent debris and harmful substances from entering water systems via storm drains;

2. The necessary use of water for the routine maintenance and/or repair of water distribution facilities,residential and commercial plumbing and permanently installed landscaped irrigation systems. (Ord. 1786 § 1,2005: prior code § 7732.00)

13.16.040 Conservation program—Moderate shortage stage.

A. In the event the city council determines that the measures outlined in Section 13.16.030 fail to produce a sufficient reduction in demand so as to produce a sufficient supply,the use of water within the city shall be additionally restricted and the following provisions shall become effective upon a declaration by the city council and publication of same as follows:

2. Excessive or unreasonable runoff of water or unreasonable spray of the areas being watered is prohibited. Every customer is deemed to have his or her water system under control at all times,to know the manner and extent of this water use and any runoff, and to employ available alternatives to apply irrigation water in a reasonably efficient manner.

Page 703 of 1000 ends

Upland City CouncilJuly 27, 2026

Upland City Council
July 27, 2026