The particular bodies specified below are, jointly, hereby appointed Watermaster, for an indefinite term, but subject to removal by the Court, to administer this Judgment. Such bodies, which together shall constitute the “Watermaster,” shall have restricted powers, duties and responsibilities as specified herein, it being the court’s intention that particular constituent bodies of Watermaster have only limited and specified powers over certain aspects of the administration of this Judgment. The Outgoing Watermaster will exercise reasonable diligence in the complete transition of Watermaster duties and responsibilities within a reasonable time following entry of this order, and to make available to the new Watermaster all records concerning Watermaster activities. The chair of the Central Basin Water Rights Panel (defined below) shall thereafter represent the Watermaster before the Court.
Plaintiff Water Replenishment District of Southern California (“WRD”) is appointed the Administrative Body of the Central Basin Watermaster (“Administrative Body”). In order to assist the Court in the administration of the provisions of this Judgment and to keep the Water Rights Panel and the Court fully advised in the premises, the Administrative Body shall have the following duties, powers and responsibilities:
(1) To Require Reports, Information and Records.
In consultation with the Water Rights Panel, the Administrative Body shall require the parties to furnish such reports, information and records as may be reasonably necessary to determine compliance or lack of compliance by any party with the provisions of this Judgment.
(2) Storage Projects.
The Administrative Body shall exercise such powers as may be specifically granted to it under this Judgment with regard to Stored Water.
(3) Annual Report.
The Administrative Body shall prepare, on or before the 15th day of the fourth month following the end of the preceding Administrative Year, an annual report for the consideration of the Water Rights Panel. The Chair of the Water Rights Panel shall submit to the Court either (1) the annual report prepared by the Administrative Body, following the adoption by the Water Rights Panel, or (2) an annual report separately prepared and adopted by the Water Rights Panel. The annual report prepared by the Administrative Body shall be limited to the following, unless otherwise required by the Court:
(a) Groundwater extractions
(b) Storage Accounts maintained by each party
(c) Status of the Regional Disadvantaged Community Incentive Program, if approved by the Court
(d) Exchange Pool operation
(e) Use of Imported Water
(f) Violations of this Judgment and corrective action taken by bodies of Watermaster having jurisdiction as provided in this Judgment
(g) Change of ownership of Total Water Rights
(h) Watermaster administration costs
(i) Water spread or imported into the Basin
(j) Water Augmentation Projects
(k) Whether the Administrative Body has become aware of the development of a Material Physical Harm, or imminent threat of the development of a Material Physical Harm, as required pursuant to Section IV(B) of this Judgment
(l) Other matters as agreed with the Water Rights Panel
(m) Recommendations, if any.
In consultation with the Water Rights Panel, the Administrative Body shall provide reasonable notice to all parties of all material actions or determinations by Watermaster or any constituent body thereof, and as otherwise provided by this Third Amended Judgment.
(4) Annual Budget and Appeal Procedure in Relation Thereto.
By April 1 of each Administrative Year, the Administrative Body shall prepare a proposed administrative budget for the subsequent year stating the anticipated expense for performing the administrative functions specified in this Judgment (the “Administrative Budget”). The Administrative Body shall mail a copy of the proposed Administrative Budget to each of the Parties at least 60 days before the beginning of each Administrative Year. The Administrative Budget mailed to the Parties shall provide sufficient detail in the Administrative Budget to demonstrate a separation in accounting between the Administrative Budget and WRD’s Replenishment Assessment and operating budget. For the first Administrative Year of operation under this Third Amended Judgment, if the Administrative Body is unable to meet the above time requirement, the Administrative Body shall mail said copies as soon as possible. The first year the Administrative Budget is prepared, the amount of that budget shall not exceed an amount equal to fifty percent (50%) of the 2012-2013 charge for Watermaster service for the Central Basin collected from Parties by the California Department of Water Resources. At all times, the Administrative Body shall maintain a separation in accounting between the Administrative Budget and WRD’s Replenishment Assessment and operating budget. All increases in future budgets for the Administrative Body above the amount set forth above shall be subject to approval by the Water Rights Panel following a public meeting to be held prior to the beginning of the Administrative Year, provided that the approved budget shall not be less than the amount of the first-year budget for the Administrative Body, except upon further order of the Court. Any administrative function by WRD already paid for by the Replenishment Assessment shall not be added as an expense in the Administrative Budget. Similarly, any expense paid for by the Administrative Budget shall not be added to WRD’s operating budget, or otherwise added to the calculation of the Replenishment Assessment. While WRD may approve the proposed Administrative Budget at the same meeting in which WRD adopts its annual Replenishment Assessment or annual budget, the Administrative Body’s budget shall be separate and distinct from the Replenishment Assessment imposed pursuant to Water Code §60317 and WRD’s operating budget.
If approval by the Water Rights Panel is required pursuant to the foregoing, the Water Rights Panel shall act upon the proposed budget within 15 calendar days after the public meeting. If the Water Rights Panel does not approve the budget prior to such deadline, the matter may be appealed to the Court within sixty (60) days. If any Party hereto has any objection to the Administrative Budget, it shall present the same in writing to Watermaster within 15 days after the date of mailing of said tentative budget by the Administrative Body. The Parties shall make the payments otherwise required of them to the Administrative Body even though an appeal of such budget may be pending. Upon any revision by the Court, the Administrative Body shall either remit to the Parties their pro rata portions of any reduction in the budget, or shall credit their accounts with respect to their budget assessments for the next ensuing Administrative Year, as the Court shall direct.
The amount of the Administrative Budget to be assessed to each party shall be determined as follows: If that portion of the final budget to be assessed to the Parties is equal to or less than $20.00 per party then the cost shall be equally apportioned among the Parties. If that portion of the final budget to be assessed to Parties is greater than $20.00 per party then each Party shall be assessed a minimum of $20.00. The amount of revenue expected to be received through the foregoing minimum assessments shall be deducted from that portion of the final budget to be assessed to the Parties and the balance shall be assessed to the Parties having Allowed Pumping Allocation, such balance being divided among them proportionately in accordance with their respective Allowed Pumping Allocation.
Payment of the assessment provided for herein, subject to adjustment by the Court as provided, shall be made by each such party prior to beginning of the Administrative Year to which the assessment relates, or within 40 days after the mailing of the tentative budget, whichever is later. If such payment by any Party is not made on or before said date, the Administrative Body shall add a penalty of 5% thereof to such party’s statement. Payment required of any Party hereunder may be enforced by execution issued out of the Court, or as may be provided by order hereinafter made by the Court, or by other proceedings by the Watermaster or by any Party on the Watermaster’s behalf.
Any money unexpended at the end of any Administrative Year shall be applied to the budget of the next succeeding Administrative Year. The Administrative Body shall maintain no reserves.
Notwithstanding the above, no part of the budget of the Administrative Body shall be assessed to WRD or to any Party who has not extracted water from Central Basin for a period of two successive Administrative Years prior to the Administrative Year in which the tentative budget should be mailed by the Administrative Body under the provisions of this subparagraph (4).
(5) Rules.
The Administrative Body may adopt, and amend from time to time, rules consistent with this Judgment as may be reasonably necessary to carry out duties under the provisions of this Judgment within its particular area of responsibility. The Body shall adopt its first set of rules and procedures within three (3) months following entry of this Third Amended Judgment. The rules shall be effective on such date after the mailing thereof to the Parties as is specified by the Body, but not sooner than thirty (30) days after such mailing.
The Central Basin Water Rights Panel of the Central Basin Watermaster (“Water Rights Panel”) shall consist of seven (7) members, each of which is a Party. The term of each member of the Panel, with the exception of the seat held by the Small Water Producers Group, as provided herein, shall be limited to four years. The Court will make the initial appointments to the Central Basin Water Rights Panel upon motion by Parties consistent with the categories set forth below at or about the time of entry of this Third Amended Judgment, and shall establish a procedure for the staggered terms of such members. Thereafter, elections of members of the Panel shall be held as provided herein. One (1) such member of the Water Rights Panel shall be elected by vote of the Small Water Producers Group conducted in accordance with its own procedures, provided such Group, as of the date of the election, consists of at least five (5) members who are Water Purveyors. One (1) such member of the Water Rights Panel shall be elected by vote of Parties with Allowed Pumping Allocation of less than 5,000 acre-feet who are not members of the Small Water Producers Group or, if the Small Water Producers Group does not then qualify following a continuous six-month period of non-qualification as provided herein, then two (2) such members shall be so selected. One (1) such member of the Water Rights Panel shall be elected by vote of Parties with Allowed Pumping Allocation of at least 5,000 acre-feet but less than 10,000 acre-feet. Three (3) such members of the Water Rights Panel shall be elected by vote of Parties with Allowed Pumping Allocation of 10,000 acre-feet or greater. One (1) such member of the Water Rights Panel shall be elected by a vote of all holders of Allowed Pumping Allocations, with each such holder being entitled to one vote, such member to be elected by a plurality of the votes cast, following a nomination procedure to be established in the Water Rights Panel’s rules. In the event of a tie, the seventh member shall be determined as may be provided in the Water Rights Panel’s rules, or otherwise by the court. Except as otherwise provided in this Section, each such rights holder shall have the right to cast a total number of votes equal to the number of acre-feet of its Allowed Pumping Allocation (rounded to the next highest whole number). With the exception of voting for the seventh member, Parties shall be entitled to vote only for candidates within the category(ies) that represent that Party’s Allowed Pumping Allocation. For example, parties who are members of the Small Water Producers Group are entitled to vote only for the Small Water Producer Group member and the seventh member of the Water Rights Panel, and so on. Parties are not permitted to split votes. The results of such election shall be reported to the Court for confirmation of each member’s appointment to the Water Rights Panel of Watermaster. The elected members of the Water Rights Panel shall be those candidates receiving the highest vote total in their respective categories. The Water Rights Panel shall hold its first meeting within thirty (30) days of the date this Third Amended Judgment becomes final. The Water Rights Panel shall develop rules for its operation consistent with this Judgment. The Water Rights Panel shall take action, including the election of its Chair, by majority vote of its members. Election of the Chair shall occur every two years, with no Party serving as Chair for consecutive terms. Members of the Water Rights Panel shall serve without compensation. All references to Annual Pumping Allocation, as used herein, are as determined by the last published Watermaster report.
(1) The Water Rights Panel shall have the following duties and responsibilities:
(a) Enforcement of Adjudicated Rights. As against the other bodies of Watermaster, the Water Rights Panel shall have exclusive authority to move the Court to take such action as may be necessary to enforce the terms of the Judgment with regard to the extraction of Allowed Pumping Allocation and the maintenance of adjudicated groundwater extraction rights as provided in this Judgment.
(b) Requirement of Measuring Devices. The Water Rights Panel shall require all parties owning or operating any facilities for the extraction of groundwater from Central Basin to install and maintain at all times in good working order at such party’s own expense, appropriate measuring devices at such times and as often as may be reasonable under the circumstances and to calibrate or test such devices.
(c) Inspections by Watermaster. The Water Rights Panel may make inspections of groundwater production facilities, including aquifer storage and recovery facilities, and measuring devices at such times and as often as may be reasonable under the circumstances and to calibrate or test such devices.
(d) Reports. Annually, the Water Rights Panel, in cooperation with the Administrative Body, shall report to the Court, concerning any or all of the following:
(i) Groundwater extractions
(ii) Exchange Pool operation
(iii) Status of the Regional Disadvantaged Community Incentive Program, if approved by the Court
(iv) Violations of this Judgment and corrective action taken or sought
(v) Change of ownership of Total Water Rights
(vi) Assessments made by the Water Rights Panel and any costs incurred
(vii) Whether the Water Rights Panel has become aware of the development of a Material Physical Harm, or imminent threat of the development of a Material Physical Harm, as required pursuant to Section IV(B) of this Judgment
(viii) Recommendations, if any.
As provided in Section II.A(3), the Water Rights Panel may adopt the annual report prepared by the Administrative Body, and submit the same to the Court, or the Water Rights Panel may prepare, adopt and submit to the Court a separate report. The Chair of the Water Rights Panel shall be responsible for reporting to the Court concerning adjudicated water rights issues in the Basin.
(2) Assessment.
The Water Rights Panel shall assess holders of water rights within the Central Basin an annual amount not to exceed $1.00 per acre foot of Allowed Pumping Allocation, by majority vote of the members of the Water Rights Panel. The body may assess a higher amount, subject to being overruled by Majority Protest. The assessment is intended to cover any costs associated with reporting responsibilities, any Judgment enforcement action, and the review of storage projects as a component of the “Storage Panel” as provided below. It is anticipated that this body will rely on the Administrative Body’s staff for the functions related to the Administrative Body’s responsibilities, but the Water Rights Panel may engage its own staff if required in its reasonable judgment. Assessments will constitute a lien on the water right assessed, enforceable as provided in this Judgment.
(3) Rules.
The Water Rights Panel may adopt and amend from time to time, at an open meeting of that Panel, rules consistent with this Judgment as may be reasonably necessary to carry out duties under the provisions of this Judgment within its particular area of responsibility. The Panel shall adopt its first set of rules and procedures within three (3) months following entry of this Third Amended Judgment. The rules shall be effective on such date after the mailing thereof to the Parties as is specified by the Panel, but not sooner than thirty (30) days after such mailing.
The Storage Panel of the Central Basin Watermaster (“Storage Panel”) shall be a bicameral body consisting of (i) the Water Rights Panel and (ii) the Board of Directors of WRD. Action by the Storage Panel shall require separate action by a majority of each of its constituent bodies. The Storage Panel shall have the duties and responsibilities specified with regard to the Provisions for the Storage and Extraction of Stored Groundwater as set forth in Part IV and the other provisions of this Judgment.
Where practicable, the three bodies constituting the Central Basin Watermaster should not duplicate the collection of data relative to conditions of the Central Basin which is then being collected by one or more governmental agencies, but where necessary each such body may collect supplemental data. Where it appears more economical to do so, the Watermaster and its constituent bodies are directed to use such facilities of other governmental agencies as are available to it under either no cost or cost agreements with respect to the receipt of reports, billings to parties, mailings to parties, and similar matters.
Appeals concerning the budget proposed by the Administrative Body shall be governed by Section II(A)(4) of this Judgment. Appeals concerning decisions by the Storage Panel shall be governed by Section IV(P) of this Judgment. With respect to all other objections by a Party to any action or decision by the Watermaster, such objections will be governed by this Section II(E). Any party interested therein who objects to any rule, determination, order or finding made by the Watermaster or any constituent body thereof, may object thereto in writing delivered to the Administrative Body within 30 days after the date the Watermaster, or any constituent body thereof, mails written notice of the making of such rule, determination, order or finding. Within 30 days after such delivery the Watermaster, or the affected constituent body thereof, shall consider said objection and shall amend or affirm his rule, determination, order or finding and shall give notice thereof to all parties. Any such party may file with the Court within 60 days from the date of said notice any objection to such rule, determination, order or finding of the Watermaster, or any constituent body thereof, and bring the same on for hearing before the Court at such time as the Court may direct, after first having served said objection upon all other parties. The Court may affirm, modify, amend or overrule any such rule, determination, order or finding of the Watermaster or its affected constituent body. Any objection under this paragraph shall not stay the rule, determination, order or finding of the Watermaster. However, the Court, by ex parte order, may provide for a stay thereof on application of any interested party on or after the date that any such party delivers to the Watermaster any written objection.
Failure of the Watermaster to perform any duty, power or responsibility set forth in this Judgment within the time limitation herein set forth shall not deprive the Watermaster or its applicable constituent body of authority to subsequently discharge such duty, power or responsibility, except to the extent that any such failure by the Watermaster may have rendered some otherwise required act by a party impossible.
WRD shall not acquire Central Basin water rights, nor lease Central Basin water or water rights to or from any Party or third party. However, the foregoing shall (i) not be interpreted to restrict WRD’s ability or authority to acquire water from any source for purposes of Artificial or Natural Replenishment or for water quality activities, and (ii) not restrict WRD’s authority under California Water Code Section 60000 et seq. to develop reclaimed, recycled or remediated water for groundwater replenishment activities.
The Water Rights Panel, acting through the General Manager of WRD, shall develop a Regional Disadvantaged Communities Incentive Program, pursuant to which a portion of the Community Storage Pool is reserved for the benefit of Disadvantaged Communities within the Central Basin. Nothing in this Judgment, nor the establishment of such a program, shall diminish the rights otherwise granted to Parties under this Judgment, including but not limited to the right to place water in storage in the Community Storage Pool. The Water Rights Panel shall meet within thirty (30) days of its formation to identify and consider potential third-party independent consultants who may be retained to design the program, including those recommended by the General Manager of WRD. The Water Rights Panel shall select a consultant within thirty (30) days thereafter. In the event the General Manager of WRD objects to the selected consultant, in writing, then the Water Rights Panel and the General Manager of WRD shall exchange a list of no more than two (2) consultants each for further consideration. If the Water Rights Panel and the General Manager of WRD are unable to agree to a consultant within an additional thirty (30) days, then the Chair of the Water Rights Panel shall file a request with the Court for an order appointing a consultant. Upon selection of a third-party independent consultant, whether through the Water Rights Panel process or the court process identified herein, the consultant shall design a detailed program and deliver it to the Water Rights Panel within ninety (90) days of the consultant’s retention.
All costs associated with design of the program shall be paid for out of the Water Rights Panel’s assessment, as provided in Section II.B(2). The Water Rights Panel shall present the program to the Court for its review and approval within one year of entry of this Third Amended Judgment. If approved by the Court, the Water Rights Panel, acting through the General Manager of WRD, shall be responsible for administration of the Regional Disadvantaged Communities Incentive Program, including insuring that any funds generated through the program benefit Disadvantaged Communities. Any Storage Project established pursuant to this Program shall have priority to use up to 23,000 acre feet of Available Storage within the Community Storage Pool, as further provided in Section IV.E(2). Watermaster shall report to the Court concerning such program as a part of its annual report.
| There are no leases for this FY. |
| There are no leases for this FY. |
| Type | Amount |
|---|
| Account | Amount |
|---|---|
| Total Put Into Storage | 0.00 |
| Total Individual Storage | 0.00 |
| Total Community Storage | 0.00 |
| Total Storage | 0.00 |
| There are no sales in this FY. |
| Storage Accounts for | Amount |
|---|---|
| Total Put Into Storage | 0.00 |
| Total Individual Storage | 0.00 |
| Total Community Storage | 0.00 |
| Total Storage | 0.00 |
| Production | Amount |
|---|---|
| Total Production | 0.00 |
| Storage Withdraws | -0.00 |
| Net Production (Used to calculate next year's OYC) | 0.00 |
