Central Basin Basin Third Amended Judgment: VI

VI. GENERAL PROVISIONS. 

A. Judgment Constitutes Inter Se Adjudication. 

This Judgment constitutes an inter se adjudication of the respective rights of all parties, except as may be otherwise specifically indicated in the listing of the water rights of the parties of this Judgment, or in Appendix “2” hereof. All parties to this Judgment retain all rights not specifically determined herein, including any right, by common law or otherwise, to seek compensation for damages arising out of any act or omission of any person. This Judgment constitutes a “court order” within the meaning of Water Code Section 71610(B)(2)(b). 

B. Assignment, Transfer, Etc., of Rights. 

Subject to the other provision of this Judgment, and any rules and regulations of the Watermaster requiring reports relative thereto, nothing herein contained shall be deemed to prevent any party hereto from assigning, transferring, licensing or leasing all or any portion of such water rights as it may have with the same force and effect as would otherwise be permissible under applicable rules of law as exist from time to time. 

C. Service Upon and Delivery to Parties of Various Papers. 

Service of the Judgment on those parties who have executed that certain Stipulation and Agreement for Judgment or who have filed a notice of election to be bound by the Exchange Pool provisions shall be made by first class mail, postage prepaid, addressed to the designee and at the address designated for that purpose in the executed and filed Counterpart of the Stipulation and Agreement for Judgment or in the executed and filed “Notice of Election to be Bound by Exchange Pool Provisions,” as the case may be, or in any substitute designation filed with the Court. 

Each party who has not heretofore made such a designation shall, within 30 days after the Judgment shall have been served upon that party, file with the Court, with proof of service of a copy upon the Watermaster, a written designation of the person to whom and the address at which all future notices, determinations, requests, demands, objections, reports and other papers and processes to be served upon that party or delivered to that party are to be so served or delivered.

A later substitute designation filed and served in the same manner by any party shall be effective from the date of filing as to the then future notices, determinations, requests, demands, objections, reports and other papers and processes to be served upon or delivered to that party. 

Delivery to or service upon any party by the Watermaster, by any other party, or by the Court, or any item required to be served upon or delivered to a party under or pursuant to the Judgment may be by deposit in the mail, first class, postage prepaid, addressed to the designee and at the address in the latest designation filed by that party. 

D. Judgment Does Not Affect Rights, Powers, Etc., of Plaintiff District. 

Nothing herein constitutes a determination or adjudication which shall foreclose Plaintiff District from exercising such rights, powers, privileges and prerogatives as it may now have or may hereafter have by reason of provisions of law. 

E. Continuation of Order under Interim Agreement. 

The order of Court made pursuant to the “Stipulation and Interim Agreement and Petition for Order” shall remain in effect through the Administrative Year in which this Judgment shall become final (subject to the reserved jurisdiction of the Court). 

F. Effect of Extractions by Exchangees; Reductions in Extractions. 

With regard to Exchange Pool purchases, the first extractions by each Exchangee shall be deemed the extractions of the quantities of water which that party is entitled to extract pursuant to his allocation from the Exchange Pool for that Administrative Year.

Each Exchangee shall be deemed to have pumped his Exchange Pool request so allocated for and on behalf of each Exchangor in proportion to each Exchangor’s subscription to the Exchange Pool which is utilized to meet Exchange Pool requests. No Exchangor shall ever be deemed to have relinquished or lost any of its rights determined in this Judgment by reason of allocated subscriptions to the Exchange Pool. Each Exchangee shall be responsible as between Exchangors and that Exchangee, for any tax or assessment upon the production of groundwater levied for replenishment purposes by WRD or by any other governmental agency with respect to water extracted by such Exchangee by reason of Exchange Pool allocations and purchases. No Exchangor or Exchangee shall acquire any additional rights, with respect to any party to this action, to extract waters from Central Basin pursuant to Water Code Section 1005.1 by reason of the obligations pursuant to and the operation of the Exchange Pool. 

G. Judgment Binding on Successors, Etc. 

This Judgment and all provisions thereof are applicable to and binding upon not only the parties to this action, but as well to their respective heirs, executors, administrators, successors, assigns, lessees, licensees and to the agents, employees and attorneys in fact of any such persons. 

H. Costs. 

No party shall recover its costs herein as against any other party. 

I. Intervention of Successors in Interest and New Parties. 

Any person who is not a party (including but not limited to successors or parties who are bound by this Judgment) and who proposes to produce water from the Basin, store water in the Basin, or exercise water rights of a predecessor may seek to become a party to this Judgment through a Stipulation in Intervention entered into with the Plaintiff. Plaintiff may execute said Stipulation on behalf of the other parties herein, but such Stipulation shall not preclude a party from opposing such intervention at the time of the court hearing thereon. Said Stipulation for Intervention must thereupon be filed with the Court, which will consider an order confirming said intervention following thirty (30) days’ notice to the parties. Thereafter, if approved by the Court, such intervenor shall be a party bound by this Judgment and entitled to the rights and privileges accorded under the physical solution herein. 

J. Effect of this Amended Judgment on Orders Filed Herein.

This Third Amended Judgment shall not abrogate such rights of additional carryover of unused water rights as may otherwise exist pursuant to orders herein filed June 2, 1977 and September 29, 1977.