Central Basin Basin Third Amended Judgment: V

V. CONTINUING JURISDICTION OF THE COURT. 

The Court hereby reserves continuing jurisdiction and upon application of any interested party, or upon its own motion, may review and redetermine the following matters and any matters incident thereto: 

A. Its determination of the permissible level of extractions from Central Basin in relation to achieving a balanced basin and an economic utilization of Central Basin for groundwater storage, taking into account any then anticipated artificial replenishment of Central Basin by governmental agencies for the purpose of alleviating what would otherwise be annual overdrafts upon Central Basin and all other relevant factors. 

B. Whether in accordance with applicable law any party has lost all or any portion of his rights to extract groundwater from Central Basin and, if so, to ratably adjust the Allowed Pumping Allocations of the other parties and ratably thereto any remaining Allowed Pumping Allocation of such party. 

C. To remove any Watermaster or constituent body appointed from time to time and appoint a new Watermaster; and to review and revise the duties, powers and responsibilities of the Watermaster or its constituent bodies and to make such other and further provisions and orders of the Court that may be necessary or desirable for the adequate administration and enforcement of the Judgment. 

D. To revise the price to be paid by Exchangees and to Exchangors for Exchange Pool purchases and subscriptions. 

E. In case of emergency or necessity, to permit extractions from Central Basin for such periods as the Court may determine: (i) ratably in excess of the Allowed Pumping Allocations of the parties; or (ii) on a non-ratable basis by certain parties if either compensation or other equitable adjustment for the benefit of the other parties is provided. Such overextractions may be permitted not only for emergency and necessity arising within Central Basin area, but to assist the remainder of the areas within The Metropolitan Water District of Southern California in the event of temporary shortage or threatened temporary shortage of its imported water supply, or temporary inability to deliver the same throughout its area, but only if the court is reasonably satisfied that no party will be irreparably damaged thereby. Increased energy cost for pumping shall not be deemed irreparable damage. Provided, however, that the provisions of this subparagraph will apply only if the temporary shortage, threatened temporary shortage, or temporary inability to deliver was either not reasonably avoidable by the Metropolitan Water District, or if reasonably avoidable, good reason existed for not taking the steps necessary to avoid it.

F. To review actions of the Watermaster. 

G. To assist the remainder of the areas within The Metropolitan Water District of Southern California within the parameter set forth in subparagraph (e) above.

H. To provide for such other matters as are not contemplated by the Judgment and which might occur in the future, and which if not provided for would defeat any or all of the purposes of this Judgment to assure a balanced Central Basin subject to the requirements of Central Basin Area for water required for its needs, growth and development. 

The exercise of such continuing jurisdiction shall be after 30 days’ notice to the parties, with the exception of the exercise of such continuing jurisdiction in relation to subparagraphs E and G above, which may be ex parte, in which event the matter shall be forthwith reviewed either upon the Court’s own motion or the motion of any party upon which 30 days’ notice shall be so given. Within ten (10) days of obtaining any ex parte order, the party so obtaining the same shall mail notice thereof to the other parties. If any other party desires Court review thereof, the party obtaining the ex parte order shall bear the reasonable expenses of mailing notice of the proceedings, or may in lieu thereof undertake the mailing. Any contrary or modified decision upon such review shall not prejudice any party who relied on said ex parte order.