There exists within the Basin a substantial amount of available space which has not been optimally utilized for basin management and for storage of native and imported waters. The Court finds and determines that (i) there is 330,000 acre feet of Available Dewatered Space in the Basin; (ii) use of this Available Dewatered Space will increase reasonable and beneficial use of the Basin by permitting the more efficient procurement and management of Replenishment Water, conjunctive use, and for direct and in-lieu recharge, thereby increasing the prudent storage and recovery of Stored Water for later use by parties to this Judgment, conservation of water and reliability of the water supply available to all Parties; and (iii) use of the Available Dewatered Space pursuant to the terms and conditions of this Judgment will not result in Material Physical Harm.
It is essential that the use of the Available Dewatered Space be undertaken for the greatest public benefit pursuant to uniform, certain, and transparent regulation that encourages the conservation of water and reliability of the water supply, avoids Material Physical Harm, and promotes the reasonable and beneficial use of water. Accordingly, in the event Watermaster becomes aware of the development of a Material Physical Harm, or imminent threat of the development of a Material Physical Harm, relating to the use of the Available Dewatered Space, Watermaster shall, within thirty (30) days thereafter, notice a hearing before the Court and concurrently file a report with the Court, served on all parties, which shall explain the relevant facts then known to Watermaster relating to the Material Physical Harm, or imminent threat thereof, including without limitation, the location of the occurrence, the source or cause, existing and potential physical impacts or consequences of the identified or threatened material Physical Harm, and any recommendations to remediate the identified or threatened Material Physical Harm.
To fairly balance the needs of the divergent interests of parties having water rights in the Basin, on the one hand, and the replenishment functions of WRD on the other hand, and in consideration of the shared desire and public purpose of removing impediments to the voluntary conservation, storage, exchange and transfer of water, all of the Available Dewatered Space is hereby adjudicated and apportioned into complimentary classifications of Stored Water and a Basin Operating Reserve as set forth in this Part IV. The apportionment contemplates flexible administration of storage capacity where use is apportioned among competing needs, while allowing all Available Dewatered Space to be used from time to time on a “space available” basis, subject to the priorities specified in this Judgment, and as further defined in Section IV(I) of this Judgment. The Court further finds and determines that, of the Available Dewatered Space, there is 220,000 acre-feet of storage capacity in the Central Basin which is presently available (“Adjudicated Storage Capacity”). The use of Adjudicated Storage Capacity as provided in this Judgment will not adversely affect the efficient operation of the Basin or the recharge of water necessary for the production of the parties’ respective Allowed Pumping Allocations. The apportionment of Adjudicated Storage Capacity as provided herein will allow for flexible administration of groundwater storage within the Basin. The Adjudicated Storage Capacity is hereby assigned to Individual Storage Allocations and Community Storage as provided herein, provided however that if all space in a particular classification is fully occupied then, on a “space available” basis, to available space within the other classifications of Adjudicated Storage Capacity and, only then, to available space within Basin Operating Reserve.
The Court further finds and determines that, out of the Available Dewatered Space, there is 110,000 acre feet that should be set aside for use by WRD as a Basin Operating Reserve, provided in Section IV(L), and subject to temporary occupancy by Stored Water as permitted hereunder.
No storage of water shall occur in the Basin except in conformity with this Judgment.
Each Party having an adjudicated groundwater extraction right hereunder shall have a priority right to store water in an Individual Storage Account, through conversion of Carryover to Stored Water as provided herein, or by any means authorized by this Judgment, up to a maximum of 50% of such party’s Allowed Pumping Allocation. The cumulative quantity of Adjudicated Storage Capacity subject to individual storage allocation is 108,750 acre-feet. In recognition of prior importation of water which was introduced into the Basin as Stored Water, and which has not yet been extracted, the Court finds and determines that, as of the date of this Order, the following Parties have occupied a portion of their respective Individual Storage Allocations and have all associated rights therein, as follows:
City of Long Beach: 13,076.8 acre-feet
City of Lakewood: 500 acre-feet
City of Downey: 500 acre-feet
City of Cerritos 500 acre-feet
In addition to Individual Storage Allocation, a Party that has fully occupied its Individual Storage allocation may, on a first in time, first in right basis (subject to the limits expressed below) place water into storage in the “Community Storage Pool.” The cumulative quantity of Adjudicated Storage Capacity allocated to Community Storage shall be 111,250 acre-feet. So long as there is available capacity in the Community Storage Pool, any Party may store water in the Community Storage Pool through conversion of Carryover to Stored Water as provided herein, or by any other means authorized by this Judgment, provided such Party has first fully occupied that party’s available Individual Storage Allocation.
(1) Parties to this Judgment which, as of January 1, 2013, held Allowed Pumping Allocation of not greater than 5,000 acre-feet shall have a first priority right to occupy, in the aggregate, up to 10,000 acre-feet of storage space within the Central Basin Community Storage Pool, on the basis of first in time, first in right.
(2) Water stored pursuant to the Regional Disadvantaged Communities Incentive Program shall have a second priority right to occupy up to 23,000 acre-feet within the Community Storage Pool, on such terms as shall be determined by the Court.
(3) Any further storage in excess of the maximum quantity of Community Storage will be on a “space-available” interim basis. From time to time, and on a “space-available” basis, the total quantity of water available for storage is permitted to exceed Adjudicated Storage Capacity for the Community Storage Pool on an interim basis. This interim storage may occur if storage capacity exists as a result of unused Adjudicated Storage Capacity within other classifications, or available space exists in the Basin Operating Reserve. Such interim storage, however, is subject to priority rights to such Dewatered Space as provided in this Judgment. A party that seeks to convert the water temporarily held in interim storage to a more firm right, may contract for the use of another party’s Individual Storage Allocation, or may add such water to the Community Storage Pool once space therein becomes available.
(4) After a party occupies available storage capacity within the Community Storage Pool and then withdraws water from the Community Storage Pool, the storing party will be allowed a period of twenty-four (24) months to refill the evacuated storage before the capacity will be determined excess and available for use by other parties. Once the Basin’s Community Storage Pool has been filled for the first time, a party may exercise its twenty-four (24) month refill priority only once, and then only provided there is then capacity available to permit that party to refill the vacated space. Except to the extent Community Storage space may be subject to such priority right to re-fill, all space therein shall be occupied on a first in time, first in right basis.
(5) A party that has occupied storage in the Community Storage Pool for ten (10) consecutive years shall be deemed to extract its Stored Water first in subsequent years (notwithstanding the order of water production set forth in Section I(B)(3)) until its entire Community Storage account has been extracted, but thereafter may again make use of Community Storage on the same terms available to other parties on a first in time, first in right, space-available basis.
(6) Any quantity of water held in the Community Storage Pool for a term greater than ten (10) consecutive years shall be assessed an annual water loss equal to 5% of the lowest quantity of water held within the party’s Community Storage Pool account at any time during the immediately preceding ten-year period. The lowest quantity means the smallest amount of water held by the Party in the Community Storage Pool during any of the preceding ten (10) years, with a new loss calculation being undertaken every year. Water subject to the loss assessment will be deemed dedicated to the Basin Operating Reserve in furtherance of the physical solution without compensation. Water lost to the Basin shall constitute water replenished into the Central Basin for the benefit of all parties
Irrespective of the category of storage utilized, each party to this Judgment may not cumulatively have in storage at any time Stored Water totaling more than two hundred percent (200%) of that party’s Allowed Pumping Allocation. Subject to the foregoing, the right to produce Stored Water may be freely transferred to another party to this Judgment, or as otherwise permitted herein.
The Court finds and declares that the extraction of Stored Water as permitted hereunder does not constitute “production of groundwater” within the meaning of Water Code Section 60317 and that no Replenishment Assessment shall be levied on the extraction of Stored Water. WRD has stipulated to the same. This determination reflects the practical application of certain provisions of this Judgment concerning storage of water, including, without limitation, understanding the following: (1) payment of the Replenishment Assessment is required upon the conversion of Carryover Water into storage, and; (2) developed water introduced into the Basin for storage by or on behalf of a Party through spreading or injection need not be replenished by WRD and should not be subject to the Replenishment Assessment.
The Administrative Body shall (i) prescribe forms and procedures for the orderly reporting of Stored Water, (ii) maintain records of all water stored in the Basin, and (iii) undertake monitoring and modeling of Stored Water as may be reasonably required. As to any Storage Projects that will require review and approval by the Storage Panel, the Administrative Body shall provide appropriate applications, and shall work with project applicants to complete the application documents for presentation to the Storage Panel. The Administrative Body shall be responsible for conducting any groundwater modeling necessary to evaluate a proposed Storage Project. The proponent of a proposed project will bear all costs associated with the review of the application for approval of the project and all costs associated with its implementation. Nothing in this Judgment shall alter the applicant(s) duty to comply with CEQA or to meet other legal requirements as to any proposed Storage Project. Within thirty (30) days after final submission of the storage application documents, the Administrative Body shall provide notice of the storage application (either by electronic mail or U.S. postal mail), together with a copy of the application documents, to all parties possessing an Allowed Pumping Allocation, and to any other person requesting notice thereof. Following notice, any necessary hearings before the Storage Panel shall be conducted as provided in Section IV(O) of this Judgment.
To balance the need to protect priority uses of storage and to encourage the full utilization of Adjudicated Storage Capacity and Basin Operating Reserve where it can be accommodated without interference with priority uses, and except as otherwise provided in this Judgment, no water held in any authorized storage account will be deemed lost from that storage account unless the cumulative quantity of water held as Stored Water plus the quantity of water held within the Basin Operating Reserve exceeds 330,000 acre-feet. Where all Adjudicated Storage Capacity and Basin Operating Reserve has been occupied, the first Stored Water to be deemed lost shall be the last water stored as Community Storage. Upon receipt of a bona fide request by another use entitled to priority hereunder, Watermaster shall issue a notice requiring the other parties to evacuate their Stored Water. Any Stored Water that is not evacuated shall be deemed dedicated to the Basin Operating Reserve in furtherance of the physical solution without compensation and accounted for accordingly.
Anything in this Judgment to the contrary notwithstanding, no party shall extract greater than 140% of the sum of (i) the party’s Allowed Pumping Allocation and (ii) the party’s leased water, except upon prior approval by the Water Rights Panel. For this purpose, a party’s total extraction right for a particular year shall include that party’s Allowed Pumping Allocation and any contractual right through lease or other means to utilize the adjudicated rights of another party. Where such proposed extraction would occur within the Central Basin Pressure Area as defined by Watermaster consistent with historical records, the Water Rights Panel shall submit such request for review by the Board of WRD. The Water Rights Panel shall not approve any request for over extraction within the Pressure Area without a written finding by the Board of WRD that such over-extraction will not cause Material Physical Harm. The role of the Board of WRD in this process shall not be read to expand or restrict WRD’s statutory authority. Consideration shall be on an expedited basis.
(1) This Court also maintains continuing jurisdiction over the West Coast Basin, which bounds the Central Basin to the west.
(2) Certain Water Purveyors are parties to both this Amended Judgment and the judgment governing the West Coast Basin and serve communities overlying both the Central Basin and the West Coast Basin.
(3) Certain Water Purveyors may exceed their Allowed Pumping Allocation in any Administrative Year, subject to all of the following conditions:
(a) The Water Purveyor is one of the following eligible Parties:
(i) City of Los Angeles
(ii) Golden State Water Company
(iii) California Water Service Company.
(b) Increased extractions pursuant to this Section shall not exceed 5,000 acre-feet per Water Purveyor for the particular Administrative Year.
(c) Increased extractions pursuant to this Section shall not exceed the Water Purveyor’s unused “Adjudicated Rights” in the West Coast Basin.
(d) Increased extractions pursuant to this Section shall not result in Material Physical Harm.
(4) Notwithstanding the foregoing, nothing herein permits extraction of water within the Central Basin in excess of 140% of Allowed Pumping Allocation for the particular Administrative Year, except as otherwise permitted under this Judgment.
(5) Replenishment of any water extracted from the Central Basin pursuant to this Section shall occur exclusively in the Central Basin.
(6) The benefits of this Section are made available only to the certain Water Purveyors that serve communities overlying the Central Basin and communities overlying the West Basin, in recognition of the management of water resources by those Water Purveyors to serve such overlying communities. It is not made, nor is it related to, a determination of an underflow between the basins, a cost or benefit allocation, or any other factor relating to the allocation of the Replenishment Assessment.
The Central Basin Municipal Water District (“CBMWD”) shall take such action as may be necessary to reduce its Allowed Pumping Allocation to five (5) acre-feet or fewer by December 31, 2018, and has agreed, by stipulation, not to acquire any additional Central Basin water rights. Upon application by CBMWD, the Storage Panel may, after making each of the findings required in this subsection, approve storage of water by CBMWD within the Community Storage Pool subject to the stated conditions. The Storage Panel may only authorize such storage after finding each of the following to be true as of the date of such approval:
(1) CBMWD (a) then owns five (5) acre-feet or fewer of Allowed Pumping Allocation, and (b) has not produced water utilizing any extraction rights it holds within the Basin but has only engaged in the sale or leasing of those rights to others.
(2) There is available space for Storage within the Community Storage
(3) CBMWD has identified a source of imported water that may be brought into the Basin and stored underground.
(4) The water identified for storage (a) is unlikely to be acquired by other parties through surface delivery for use within the Basin, and (b) was offered to WRD to purchase for replenishment purposes at the same price that CBMWD otherwise sells imported water to WRD and WRD declined to purchase said water, within a reasonable period of time.
(5) There will be no Material Physical Harm associated with the introduction of the water into storage, or its extraction, in the manner approved by the Storage Panel.
The condition expressed in Section IV(L)(1)(a) above shall not be operative until January 1, 2019, or upon reduction of CBMWD’s Allowed Pumping Allocation to five (5) acre-feet or fewer, whichever first occurs. CBMWD may not extract the Stored Water, and may instead only transfer that Stored Water to a party having extraction rights, or to WRD for replenishment purposes only. Such Stored Water not so transferred within three (3) years following its storage may be purchased by WRD, at its option, for replenishment purposes only, at a price not exceeding the actual cost incurred by CBMWD in importing and storing the water in the first instance, plus a reasonable administrative charge for overhead not exceeding five percent (5%) of the price paid by CBMWD for the water with no other fees or markups imposed by CBMWD. Except as otherwise permitted in this Section, any such Stored Water held by CBMWD for a term greater than three (3) years shall be assessed an annual water loss equal to 10% of the amount of such Stored Water at the end of each year. Water subject to the loss assessment will be deemed dedicated to the Basin Operating Reserve in furtherance of the physical solution without further compensation. The Storage Panel shall grant CBMWD one or more extensions of such term, not exceeding total extensions of three (3) additional years, following public hearing, if the Storage Panel determines that the Stored Water has been actively marketed by CBMWD for transfer to Parties on reasonable terms in the previous year. The Storage Panel may impose such additional reasonable conditions as it determines to be appropriate. Any review by the Storage Panel hereunder shall only occur at a public hearing held following at least 15 days’ (but not more than 30 days’) mailed notice to all Parties to this Judgment, at which hearing an opportunity for public comment shall be afforded in advance of any such decision. However, the Storage Panel may consider an application on shorter notice under exigent circumstances, including the potential loss of the water proposed to be stored if action is not taken sooner. CBMWD shall have the right to appeal any action or inaction by the Storage Panel to this court. The storage and extraction of Stored Water hereunder shall otherwise be subject to all other provisions of this Judgment. The court finds and declares that this subsection constitutes a “court order issued by a court having jurisdiction over the adjudication of groundwater extraction rights within the groundwater basin where storage is sought” within the meaning of Water Code §71610(b)(2)(B). Nothing in this provision impedes CBMWD’s ability to store water pursuant to a contract with an adjudicated groundwater extraction rights holder as permitted by Water Code § 71610(b)(2)(A) and otherwise in accordance with this Judgment.
It is in the public interest and in furtherance of the physical solution for WRD to prudently exercise its statutory discretion to purchase, spread, and inject Replenishment Water, to provide for in-lieu replenishment, and otherwise to fulfill its replenishment function within the Basin as provided in Water Code Section 60000 et. seq. Hydrologic, regulatory and economic conditions now prevailing within the State require that WRD be authorized to exercise reasonable discretion and have flexibility in the accomplishment of its replenishment function. Accordingly, WRD may pre-purchase or defer the purchase of Replenishment Water, and may otherwise purchase and manage available sources of Replenishment Water under the most favorable climatic and economic conditions as it may determine reasonable and prudent under the circumstances. It is the intent of the parties to preserve space for such replenishment activities, including capture of natural inflows during wet years, recapture of water when possible, and artificial replenishment when water is available at discounted rate, for the benefit of the Basin and the parties to the Judgment. The Basin Operating Reserve is intended to allow WRD to meet its replenishment needs to make APA available for extraction by all water rights holders. Accordingly, WRD shall have a priority right to occupy up to 110,000 acre-feet of the Available Dewatered Space as the “Basin Operating Reserve” for the acquisition and replenishment of water, or to ensure space remains available in the Basin to capture natural inflows during wet years for the benefit of the parties to the Judgment, to offset over-production. The priority right is not intended to allow WRD to sell or lease stored water, storage, or water rights. To the extent WRD does not require the use of all of such Basin Operating Reserve, that portion of the Basin Operating Reserve that is not then being used shall be available to other Parties to store water on a temporary and space available basis. No Party may use any portion of the Basin Operating Reserve for space available storage unless that Party has already maximized its allowed Storage pursuant to its Individual Storage Allocation and all available Community Storage is already in use. WRD’s failure to use any portion of its Basin Operating Reserve shall not cause forfeiture or create a limitation of its right to make use of the designated space in the future. WRD’s first priority right to this category of space shall be absolute. To the extent that there is a conflict between WRD and a third party regarding the availability of and desire to use any portion of the space available for replenishment up to the maximum limits set forth in this section, the interests of WRD will prevail. If a party other than WRD is using the Basin Operating Reserve space on a “space available” basis and a conflict develops between WRD and the storing party, the storing party will, upon notice from WRD, evacuate the Stored Water within ninety (90) days thereafter. In such event, temporary occupancy within the Basin Operating Reserve shall be first in time, first in right, and the last Party to store water shall be required to evacuate first until adequate space shall be made available within the Basin Operating Reserve to meet WRD’s needs. The storing party or parties assume all risks of waste, spill and loss regardless of the hardship. Stored Water that is not evacuated following WRD’s notice of intent to occupy the Basin Operating Reserve will be deemed dedicated to the Basin Operating Reserve in furtherance of the physical solution without compensation and accounted for accordingly. Nothing herein shall permit WRD to limit or encumber, by contract or otherwise, its right to use the Basin Operating Reserve for Replenishment purposes for any reason, or to make space therein available to any person by any means. Notwithstanding the foregoing, to the extent excess space is available, water evacuated from the Basin Operating Reserve as provided in this Section shall be deemed added to available space within the Individual Storage Allocations and Community Storage Pool, subject to the priority rights otherwise provided in this Judgment.
The parties, in coordination with WRD, may undertake projects that add to the long-term reliable yield of the Basin. Innovations and improvements in practices that increase the conservation and maximization of the reasonable and beneficial use of water should be promoted. To the extent that Parties to the Judgment, in coordination with WRD, implement a project that provides additional long-term reliable water supply to the Central Basin, the annual extraction rights in the Central Basin will be increased commensurately in an amount to be determined by the Storage Panel to reflect the actual yield enhancement associated with the project. Augmented supplies of water resulting from such a project may be extracted or stored as permitted in this Judgment in the same manner as other water. Participation in any Water Rights Augmentation Project shall be voluntary. A party may elect to treat a proposed project as a Water Augmentation Project (for the purpose of seeking an increase in that party’s Allowed Pumping Allocation) or may elect to treat such a project as a Storage Project under the other provisions of this Judgment. The terms of participation in any Water Augmentation Project will be at the full discretion of the participating parties. All Water Augmentation Projects will be approved by the Storage Panel.
(1) Participating Parties.
Parties who propose a Water Augmentation Project (“Project Leads”) may do so in their absolute discretion, upon such terms as they may determine. All other parties to this Judgment will be offered an opportunity to participate in the Water Augmentation Project on condition that they share proportionally in common costs and benefits, and assume the obligation to bear exclusively the cost of any improvements that are required to accommodate their individual or particular needs. Notice shall be provided which generally describes the project and the opportunity to participate with sufficient time for deliberation and action by any of these parties who could potentially participate. Disputes over the adequacy of notice shall be referred to the Storage Panel, and then to the Court under its continuing jurisdiction. Parties who elect to participate (“Project Participants”) may do so provided they agree to offer customary written and legally binding assurances that they will bear their proportionate costs attributable to the Water Rights Augmentation Project, or provide other valuable consideration deemed sufficient by the Project Leads and the Project Participants.
(2) Determination of Additional Extraction Rights.
The amount of additional groundwater extraction as a result of a Water Augmentation project will be determined by the Storage Panel, subject to review by the Court. The determination will be based upon substantial evidence which supports the finding that the Water Augmentation project will increase the long term sustainable yield of the respective Basin by an amount at least equal to the proposed increase in extraction rights.
(3) Increase in Extraction Rights.
A party that elects to participate and pays that party’s full pro-rata share of costs associated with any Water Augmentation Project and/or reaches an agreement with other participants based upon other valuable consideration acceptable to the Project Leads and Project Participants, will receive a commensurate increase in extraction rights. Non-participating parties will not receive an increase or a decrease in extraction rights. Any party that elects not to participate will not be required to pay any of the costs attributable to the particular Water Augmentation Project, whether directly or indirectly as a component of the WRD Replenishment Assessment.
(4) Nominal Fluctuations.
Because water made available for Water Rights Augmentation will be produced annually, fluctuations in groundwater levels will be temporary, nominal and managed within the Basin Operating Reserve.
(5) Availability of New Water.
The amount of additional groundwater extraction established as a result of a Water Augmentation Project shall be equal to the quantity of new water in the Basin that is attributable to that Water Augmentation Project. No extraction shall occur and no extraction right shall be established until new water has been actually introduced into the Basin as a result of the Project. Any approval for a Water Augmentation Project shall include provisions (a) requiring regular monitoring to determine the actual amount of such new water made available, (b) requiring make-up water or equivalent payment therefor to the extent that actual water supply augmentation does not meet projections, and (c) adjusting extraction rights attributable to the Water Augmentation Project to match the actual water created. The right to extract augmented water from the Basin resulting from a party’s participation in a Water Augmentation Project shall be accounted for separately and shall not be added to a party’s Allowed Pumping Allocation. No Replenishment Assessment shall be levied against the extraction of augmented water.
Notwithstanding the foregoing, WRD will not obtain any water rights or extraction rights under this Judgment by virtue of its participation in a Water Augmentation Project. If WRD participates in a Water Rights Augmentation Project through funding or other investments, its allocation of new water from the project shall be used to offset its replenishment responsibilities.
It shall not be necessary for Watermaster, or any constituent body thereof, to review or approve any of the following before the affected Party may proceed: (i) exercise of adjudicated water rights consistent with this Judgment, except for extraction above 140% of a Party’s extraction right as set out in Section IV(J) of this Judgment; (ii) replenishment of the Basin with Replenishment Water by WRD consistent with Water Code Section 60000 et seq., including replenishment of water produced by water rights holders through the exercise of adjudicated water rights; (iii) WRD’s operations within the Basin Operating Reserve; (iv) Carryover Conversion or other means of the filling of the Individual Storage Accounts and the Community Storage Pool, as provided in this Judgment, as long as existing water production, spreading, or injection facilities are used; and (v) individual transfers of the right to produce Stored Water as permitted in Section IV(F). All other Storage Projects and all Water Augmentation Projects shall be subject to review and approval as provided herein, including (i) material variances to substantive criteria governing projects exempt from the review and approval process, (ii) modifications to previously approved Storage Projects and agreements, (iii) a party’s proposal for Carryover Conversion in quantities greater than the express apportionment of Adjudicated Storage Capacity on a non-priority, space-available, interim basis, and (iv) Storage, by means other than Carryover Conversion, when new production, spreading, or injection facilities are proposed to be utilized.
The following procedures shall be followed by Watermaster where Watermaster review of storage or extraction of Stored Water is required or permitted under this Judgment:
(1) No later than thirty (30) days after notice has been issued for the storage application, the matter shall be set for hearings before the Storage Panel. A staff report shall be submitted by WRD staff in conjunction with the completed storage application documents and the Water Rights Panel may prepare an independent staff report, if it elects to do so.
(2) The Board of WRD and the Water Rights Panel (sitting jointly as the Storage Panel) shall conduct a joint hearing concerning the storage application.
(3) All Watermaster meetings shall be conducted in the manner prescribed by the applicable Rules and Regulations. The Rules shall provide that all meetings of Watermaster shall be open to water rights holders and that reasonable notice shall be given of all meetings.
(4) The Board of WRD and the Water Rights Panel shall each adopt written findings explaining its decision on the proposed Storage Project, although if both entities reach the same decision on the Storage Project, they shall work together to adopt a uniform set of findings.
(5) Unless both the Board of WRD and the Water Rights Panel approve the Storage Project, the Storage Project application shall be deemed denied (a “Project Denial”). If both the Board of WRD and the Water Rights Panel approve the Storage Project, the Storage Project shall be deemed approved (a “Project Approval”).
(1) The applicant may seek the Storage Panel’s reconsideration of a Project Denial. However, there shall be no process for mandatory reconsideration or mediation of a Project Approval or a Project Denial either before the Administrative Body, or before the Water Rights Panel.
(2) Any Party may file an appeal from a Project Approval or Project Denial with this Court, as further described in Section II(F).
(3) In order to (a) promote the full presentation of all relevant evidence before the Storage Panel in connection with its consideration of any proposed Storage Project, (b) achieve an expeditious resolution of any appeal to the Court, and (c) accord the appropriate amount of deference to the expertise of the Storage Panel, the appeal before the Court shall be based solely on the administrative record, subject only to the limited exception in California Code of Civil Procedure section 1094.5(e).
(4) If both the WRD Board and the Water Rights Panel each vote to deny or approve a proposed Storage Project, it shall be an action by the Storage Panel and that decision shall be accorded by the Court deference according to the substantial evidence test. If one of the reviewing bodies votes to approve the proposed Storage Project and the other reviewing body votes to deny the proposed storage project, then the Court’s review shall be de novo, although still restricted to the administrative record. In the case of any de novo Trial Court review, the findings made by the respective Watermaster bodies shall not be accorded any weight independent of the evidence supporting them.
To balance the need to protect priority uses of storage and to encourage the full utilization of Available Dewatered Space within the Adjudicated Storage Capacity and the Basin Operating Reserve, any Party may make interim, temporary use of then currently unused Available Dewatered Space within any category of Adjudicated Storage Capacity, and then if all Adjudicated Storage Capacity is being fully used for Stored Water within the Basin Operating Reserve (“Space-Available Storage”), subject to the following criteria:
(1) Any Party may engage in Space-Available Storage without prior approval from Watermaster provided that the storing Party or Parties shall assume all risks of waste, spill, and loss regardless of the hardship. Whenever the Storage Panel determines that a Party is making use of excess Available Dewatered Space for Space-Available Storage, the Storage Panel shall issue written notice to the Party informing them of the risk of spill and loss.
(2) Whenever the Available Dewatered Space is needed to accommodate the priority use within a respective category of Adjudicated Storage Capacity, or WRD seeks to make use of its priority right to the Basin Operating Reserve to fulfill its replenishment function, the Storage Panel shall issue a notice to evacuate the respective category of Adjudicated Storage Capacity or Basin Operating Reserve, as applicable, within the time-periods set forth within this Amended Judgment. To the extent the Stored Water is not timely evacuated such Stored Water will be placed into any other excess Available Dewatered Space, first within the Adjudicated Storage Capacity, if available, and then if all Adjudicated Storage Capacity is being fully used for Stored Water within the Basin Operating Reserve. If no excess Available Dewatered Space is available within the Basin Operating Reserve, then the Stored Water shall be deemed spilled and will be deemed dedicated to the Basin Operating Reserve in furtherance of the physical solution without compensation and accounted for accordingly. A Party that seeks to convert the Stored Water temporarily held in interim storage as Space-Available Storage to a more firm right, may in its discretion, contract for the use of another Party’s Individual Storage Allocation, or may add such water to the Community Storage Pool once space therein becomes available.
(3) No Stored Water will be deemed abandoned unless the cumulative quantity of water held as Stored Water plus the quantity of water held in the Basin Operating Reserve exceeds 330,000 (three hundred and thirty thousand) acre-feet in the Central Basin.
|There are no leases for this FY.|
|There are no leases for this FY.|
|Total Put Into Storage||0.00|
|Total Individual Storage||0.00|
|Total Community 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|
|Net Production (Used to calculate next year's OYC)||0.00|