|
The above-titled matter duly and regularly came on for trial in Department 73 of the above-entitled Court (having been transferred thereto from Department 75 by order of the presiding Judge), before the Honorable Edmund M. Moor, specially assigned Judge, on May 17, 1965, at 10:00 a.m. Plaintiff was represented by its attorneys BEWLEY, KNOOP, LASSLEBEN & WHELAN, MARTIN E. WHELAN, JR., and EDWIN H. VAIL, JR., and cross-complainant was represented by its attorney JOHN S. TODD. Various defendants and cross-defendants were also represented at the trial. Evidence both oral and documentary was introduced. The trial continued from day to day on May 17, 18, 19, 20, 21 and 24, 1965, at which time it was continued by order of Court for further trial on August 25, 1965, at 10:00 a.m. in Department 73 of the above-entitled Court; whereupon, having then been transferred to Department 74, trial was resumed in Department 74 on August 25, 1965, and then continued to August 27, 1965 at 10:00 a.m. in the same Department. On the latter date, trial was concluded and the matter submitted. Findings of fact and conclusions of law have heretofore been signed and filed. Pursuant to the reserved and continuing jurisdiction of the court under the judgment herein, certain amendments to said judgment and temporary orders have heretofore been made and entered. Continuing jurisdiction of the court for this action is currently assigned to HON. FLORENCE T. PICKARD. Motion of Plaintiff herein for further amendments to the judgment, notice thereof and of the hearing thereon having been duly and regularly given to all parties, came on for hearing in Department 38 of the above-entitled court on May 6, 1991 at 8:45 a.m. before said HONORABLE PICKARD. Plaintiff was represented by its attorneys LAGERLOF, SENECAL, DRESCHER & SWIFT, by William F. Kruse. Various defendants were represented by counsel of record appearing on the Clerk's records. Hearing thereon was concluded on that date. The within "Second Amended Judgment" incorporates amendments and orders heretofore made to the extent presently operable and amendments pursuant to said last mentioned motion. To the extent this Amended Judgment is a restatement of the judgment as heretofore amended, it is for convenience in incorporating all matters in one document, is not a readjudication of such matters, and is not intended to reopen any such matters. As used hereinafter the word "judgment" shall include the original judgment as amended to date. In connection with the following judgment, the following terms, words, phrases and clauses are used by the Court with the following meanings: "Administrative Year" means the water year until operation under the judgment is converted to a fiscal year pursuant to Paragraph 4, Part I, p. 53 hereof, whereupon it shall mean a fiscal year, including the initial 'short fiscal year' therein provided. "Allowed Pumping Allocation" is that quantity in acre feet which the Court adjudges to be the maximum quantity which a party should be allowed to extract annually from Central Basin as set forth in Part I hereof, which constitutes 80% of such party's Total Water Right. "Allowed Pumping Allocation for a particular Administrative year" and "Allowed Pumping Allocation in the following Administrative year" and similar clauses, mean the Allowed Pumping Allocation as increased in a particular Administrative year by any authorized carryovers pursuant to Part III, Subpart A of this judgment and as reduced by reason of any over-extractions in a previous Administrative year. "Artificial Replenishment" is the replenishment of Central Basin achieved through the spreading of imported or reclaimed water for percolation thereof into Central Basin by a governmental agency. "Base Water Right" is the highest continuous extractions of water by a party from Central Basin for a beneficial use in any period of five consecutive years after the commencement of overdraft in Central Basin and prior to the commencement of this action, as to which there has been no cessation of use by that party during any subsequent period of five consecutive years. As employed in the above definition, the words "extractions of water by a party" and "cessation of use by that party" include such extractions and cessations by any predecessor or predecessors in interest. "Calendar Year" is the twelve month period commencing January 1 of each year and ending December 31 of each year. "Central Basin" is the underground water basin or reservoir underlying Central Basin Area, the exterior boundaries of which Central Basin are the same as the exterior boundaries of Central Basin Area. "Central Basin Area" is the territory described in Appendix "1" to this judgment, and is a segment of the territory comprising Plaintiff District. "Declared water emergency" shall mean a period commencing with the adoption of a resolution of the Board of Directors of the Central and West Basin Water Replenishment District declaring that conditions within the Central Basin relating to natural and imported supplies of water are such that, without implementation of the water emergency provisions of this Judgment, the water resources of the Central Basin risk degradation. In making such declaration, the Board of Directors shall consider any information and requests provided by water producers, purveyors, and other affected entities and may, for that purpose, hold a public hearing in advance of such declaration. A Declared Water Emergency shall extend for one (1) year following such resolution, unless sooner ended by similar resolution. "Extraction", "extractions", "extracting", "extracted", and other variations of the same noun and verb, mean pumping, taking, diverting or withdrawing ground water by any manner or means whatsoever from Central Basin. "Fiscal Year" is the twelve (12) month period July 1 through June 30 following. "Imported Water" means water brought into Central Basin Area from a non-tributary source by a party and any predecessors in interest, either through purchase directly from The Metropolitan Water District of Southern California or by direct purchase from a member agency thereof, and additionally as to the Department of Water and Power of the City of Los Angeles, water brought into Central Basin Area by that party by means of the Owens River Aqueduct. "Imported Water Use Credit" is the annual amount, computed on a calendar year basis, of imported water which any party and any predecessors in interest, who have timely made the required filings under Water Code Section 1005.1, have imported into Central Basin Area in any calendar year and subsequent to July 9, 1951, for beneficial use therein, but not exceeding the amount by which that party and any predecessors in interest reduces his or their extractions of ground water from Central Basin in that calendar year from the level of his or their extractions in the preceding calendar year, or in any prior calendar year not earlier than the calendar year 1950, whichever is the greater. "Natural Replenishment" means and includes all processes other than "Artificial Replenishment" by which water may become a part of the ground water supply of Central Basin. "Natural Safe Yield" is the maximum quantity of ground water, not in excess of the long term average annual quantity of Natural Replenishment, which may be extracted annually from Central Basin without eventual depletion thereof or without otherwise causing eventual permanent damage to Central Basin as a source of ground water for beneficial use, said maximum quantity being determined without reference to Artificial Replenishment. "Overdraft", is that condition of a ground water basin resulting from extractions in any given annual period or periods in excess of the long-term average annual quantity of Natural Replenishment, or in excess of that quantity which may be extracted annually without otherwise causing eventual permanent damage to the basin. "Party" means a party to this action. Whenever the term "party" is used in connection with a quantitative water right, or any quantitative right, privilege or obligation, or in connection with the assessment for the budget of the Watermaster, it shall be deemed to refer collectively to those parties to whom are attributed a Total Water Right in Part I of this judgment. "Person" or "persons" include individuals, partnerships, associations, governmental agencies and corporations, and any and all types of entities. "Total Water Right" is the quantity arrived at in the same manner as in the computation of "Base Water Right", but including as if extracted in any particular year the Imported Water Use Credit, if any, to which a particular party may be entitled. "Water" includes only non-saline water, which is that having less than 1,000 parts of chlorides to 1,000,000 parts of water. "Water Year" is the 12-month period commencing October 1 of each year and ending September 30th of the following year. In those instances where any of the above-defined words, terms, phrases or clauses are utilized in the definition of any of the other above-defined words, terms, phrases and clauses, such use is with the same meaning as is above set forth. NOW THEREFORE, IT IS ORDERED, DECLARED, ADJUDGED AND DECREED WITH RESPECT TO THE ACTION AND CROSS-ACTION AS FOLLOWS: |
| Table of Contents Next Section |
|
Copyright © 1998. California Department of Water Resources. All rights reserved. |