CUMMINGS BASIN ADJUDICATION your basin your water your future - - PowerPoint PPT Presentation

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CUMMINGS BASIN ADJUDICATION your basin your water your future - - PowerPoint PPT Presentation

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CUMMINGS BASIN ADJUDICATION your basin your water your future STAKEHOLDERS UPDATE MEETING SEPTEMBER 27, 2019 Meeting procedure Sign-in sheet and information sheet Refreshments and Rest Rooms Contact information is important

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SLIDE 1

CUMMINGS BASIN ADJUDICATION

your basin ە your water ە your future

STAKEHOLDERS UPDATE MEETING SEPTEMBER 27, 2019

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SLIDE 2

Meeting procedure

  • Sign-in sheet and information sheet
  • Contact information is important
  • Handouts
  • Evacuation Procedures
  • Two exits with lighted signage
  • Assembly point is out front gate near Notice

Board

  • Refreshments and Rest Rooms
  • Anticipated meeting length = 2 hours
  • WELCOME QUESTIONS AT ANY TIME!
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SLIDE 3

Introductions

  • Board of Directors – TCCWD
  • Legal Counsel – TCCWD
  • Staff – TCCWD
  • Phone Participants
  • Please email contact information to cadams@tccwd.com
  • Remote Meeting access available at remotemeeting.com
  • Participants Present
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SLIDE 4

TCCWD Purpose, Mission and Vision

Purpose

  • Import State Water Project

Water

  • Manage Groundwater

Basins

  • Operate Flood Control

Facilities

Mission Statement

“Tehachapi-Cummings County Water District will ensure the most reliable, cost effective water supply for our customers through the importation of State Water Project water and management of groundwater basins. We will operate and maintain certain flood control structures to protect our customer’s safety and property. “

Vision Statement

“Tehachapi-Cummings County Water District will strive for continuous improvement in meeting our customer’s needs, both now and in the future. We will explore all avenues to ensure adequate water supplies and manage

  • ur groundwater basins to ensure

sufficient protection for extraction quantity and quality.”

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SLIDE 5

TCCWD History

  • Voted into existence by taxpayers in

1965

  • Facilities dedicated in 1971
  • 266,000 acres (415 sq. Mi)
  • 40,000 residents
  • 3 adjudicated groundwater basins within

district (Tehachapi, Brite, Cummings)

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SLIDE 6

Cummings Basin Adjudication History

  • May 1966 – Citizen’s Advisory

Committee recommended filing adjudications for all three basins

  • October 1966 – TCCWD filed

adjudication actions for all three basins

  • March 1972 – Cummings Basin Judgment

filed by Court

  • Set prescribed, base water rights
  • Determined NSY of 4,090 AFY
  • Prohibited diversions of groundwater outside
  • f Cummings Basin
  • Appointed TCCWD as Watermaster
  • State of California appealed judgment
  • July 1975 – Appellate Court ruled on appeal
  • Rescinded prescribed rights
  • Stated all rights correlative
  • Remanded case to trial court
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SLIDE 7

Cummings Basin Adjudication History (continued)

  • October 1976 – Trial court held hearings on

motions filed by TCCWD and State

  • January 1977 – Further hearings scheduled, then

taken off calendar and never rescheduled

  • Case has lain dormant since then
  • 2003 - TCCWD consultant, Fugro West Inc.,

completes Groundwater Model Study for Cummings Basin

  • Studied 21 year period from 1981-2001
  • Fugro determined NSY should be 3,444 AFY
  • 2015 – Fugro prepared updated model
  • Studied 33 year period from 1981-2013
  • Fugro determined NSY to be 2,990 AFY
  • August 2015 to Present – TCCWD works to amend

adjudication to protect basin

  • Held numerous meetings with stakeholders to

identify and resolve issues

  • Prepared numerous drafts of amended judgment

based on comments provided

  • Today’s Meeting
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SLIDE 8

Cummings Basin Information

  • Three sources of water in Cummings

basin

  • Native groundwater (NSY)
  • Imported surface water (SWP)
  • Recycled water from CCI (DTR)
  • Adjudication concerns native

groundwater only

  • Other sources excluded
  • Natural Safe Yield defined
  • Maximum quantity of native groundwater

which may be extracted from the basin without any net change in groundwater storage

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SLIDE 9

Cummings Basin Boundaries

  • Watershed limits
  • Alluvium (water bearing

soils limits

  • Adjudication limits
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SLIDE 10

Aquifer – Depth to Bedrock

  • Depth to Bedrock
  • <100’ at perimeter
  • >500’ at center
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SLIDE 11

Key Well Locations

  • Well 20 M1- Northeast
  • Well 30 K1 – North Central
  • Well 36 M2 – Central
  • Well 35 N1 - Southwest
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SLIDE 12

Well 20 M1 - Northeast

3700 3720 3740 3760 3780 3800 3820 3840 3860 3880 05/05/68 11/01/69 06/05/71 11/05/72 06/01/74 11/05/75 05/01/77 10/01/78 06/01/80 11/01/81 08/01/83 05/05/85 10/01/86 07/01/91 11/12/92 04/07/94 04/28/95 11/15/96 06/12/98 10/11/99 05/28/01 10/02/02 05/26/04 10/25/05 05/29/07 11/21/08 05/10/10 10/12/11 04/22/13 10/06/14 04/06/16 10/05/17

Elevation of Water Level in Feet Date of Reading Hydrograph of Well 32S/32E-20M1 Ground Surface Elevation 3885.5 ft.

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SLIDE 13

Well 30 K1 – North Central

3730 3750 3770 3790 3810 3830 3850 04/01/66 10/15/68 10/01/70 11/30/72 10/15/74 10/10/76 10/05/78 10/15/80 10/15/82 10/15/84 10/15/86 10/15/88 10/15/90 10/15/92 10/15/94 12/05/96 10/15/98 11/16/00 10/16/02 10/27/04 10/18/06 12/02/08 10/04/10 10/10/12 10/06/14 10/05/16 10/04/18

Elevation of Water Level in Feet Date of Reading (lost readings Oct. 1982-1996) Hydrograph of Well 32S/32E-30K1 (CCI) Ground Surface Elevation 3856.5 ft.

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SLIDE 14

Well 36 M2 – Central

3680 3700 3720 3740 3760 3780 3800 10/01/69 10/01/71 10/01/73 10/01/75 10/05/77 10/15/79 10/15/81 10/15/83 10/01/85 11/05/87 08/20/89 09/01/91 10/14/93 12/04/95 10/15/97 10/17/99 10/16/01 10/21/03 10/21/05 11/27/07 12/03/09 10/12/11 09/26/13 10/02/15 10/05/17

Elevation of Water Level in Feet Date of Reading Hydrograph of Well 32S/31E-36M2 Ground Surface Elevation 3817.1 ft.

3680 3700 3720 3740 3760 3780 3800 10/05/68 10/15/70 11/30/72 10/01/74 10/05/76 10/01/78 11/10/80 11/01/82 10/10/84 10/15/86 10/20/88 09/30/90 10/15/92 10/14/94 11/19/96 10/14/98 10/27/00 09/25/02 10/04/04 10/18/06 11/17/08 10/04/10 10/10/12 10/06/14 10/05/16 10/04/18

Elevation of Water Level in Feet Date of Reading Hydrograph of Well 32S/31E-36M2 Ground Surface Elevation 3817.1 ft.

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SLIDE 15

Well 35 N1 – Southwest

3680 3700 3720 3740 3760 3780 3800 10/01/69 10/01/71 10/01/73 10/01/75 10/05/77 10/15/79 10/15/81 10/15/83 10/01/85 11/05/87 08/20/89 09/01/91 10/14/93 12/04/95 10/15/97 10/17/99 10/16/01 10/21/03 10/21/05 11/27/07 12/03/09 10/12/11 09/26/13 10/02/15 10/05/17

Elevation of Water Level in Feet Date of Reading Hydrograph of Well 32S/31E-36M2 Ground Surface Elevation 3817.1 ft.

3650 3670 3690 3710 3730 3750 3770 3790 12/15/1966 10/5/1968 10/15/1970 11/15/1972 10/1/1974 10/1/1976 6/1/1978 10/15/1980 11/15/1982 9/5/1984 10/5/1986 11/1/1988 9/1/1990 10/15/1992 10/14/1994 11/8/1996 10/14/1998 10/27/2000 9/25/2002 10/5/2004 10/17/2006 11/6/2008 10/4/2010 10/10/2012 10/6/2014 10/5/2016 10/4/2018 Elevation of Water Level in Feet Date of Reading

Hydrograph of State Well 32S/31E-35N1 Ground Surface Elevation 3791.6 ft. (Spill Elevation is 3760 ft.)

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SLIDE 16

Natural Safe Yield of Cummings Basin

  • TSCD (1969)

4,156 AFY

  • Dr. Mann (1971)

3,560 AFY

  • Judgment (1972)

4,090 AFY

  • Fugro (2004)

3,444 AFY

  • Fugro (2015)

2,990 AFY* * Data included through 2013 – does not include severe drought years 2014 & 2015 and wet years

  • f 2017 & 2019
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SLIDE 17

Overlying Pumpers – 2018 Agricultural Pumpers

  • Cal Organic Farms (Grimmway)

1,993 AF

  • Bornt and Sons

262 AF

  • Ha/Chung Orchards

42 AF

  • Triassic Legacy Vineyard

6 AF

  • SunSelect Produce (one half of total replaced with recharge by TCCWD)

460 AF

  • Millennium Pacific

10 AF

  • Cummings Valley School

14 AF

  • Total

2,789 AF

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SLIDE 18

Overlying Pumpers – 2018 Municipal/Domestic Pumpers

  • California Correctional Institution

565 AF

  • Stallion Springs CSD

180 AF

  • Other Domestic Pumpers (Estimate)

176 AF

  • Fairview Ranches (Estimate)

42 AF

  • Bear Valley CSD

2 AF

  • Total

965 AF

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SLIDE 19

Overlying Pumpers – 2018 Total All Pumpers

  • Agricultural

2,789 AF

  • CCI

565 AF

  • Municipal

182 AF

  • Domestic

218 AF

  • Total

3,754 AF

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SLIDE 20

Conjunctive Use Pumpers – 2018

  • CCI

224 AF

  • Bear Valley CSD

643 AF

  • Stallion Springs CSD

180 AF

  • Total

1,047 AF

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SLIDE 21

Banked Water Agreement Recharge – 2018

  • Bear Valley CSD

250 AF (303 AF in 2019)

  • Stallion Springs CSD

0 AF (186 AF in 2019)

  • Total

250 AF (489 AF in 2019) Note: TCCWD has a program in place to allow agricultural pumpers to enter into voluntary banking agreements to ensure they have an adequate supply. To date, no customers have taken advantage of this program.

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SLIDE 22

Legal Considerations

  • Appeals Court Decision
  • No basis for prescription
  • Individual prescriptive rights not assigned
  • Rights to native groundwater are overlying and correlative
  • Adjudicated Native Safe Yield held at 4,090 AFY
  • Remanded back to trial court where it remains today
  • Existing Judgment Status
  • Post-remand not completed in trial court
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SLIDE 23

Current Status

  • Safe yield set at 4,090 AFY
  • Unsustainable
  • Has led to declining groundwater levels in basin
  • Results in increased pumping cost
  • Watermaster role
  • Obligated by the court to manage the basin
  • Limited authority to manage the basin
  • Judgment needs to be amended
  • Currently basin is about half full
  • Continued overpumping will lead to eventual depletion of the basin
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SLIDE 24

Blueprint for a Solution

  • Stakeholder-driven
  • Cooperative: not adversarial
  • Based on good science
  • Maximize freedom for water users by being adaptable
  • Protect/preserve basin for all water users for the future
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SLIDE 25

Implementing a Fair Solution

  • Court limits pumping to native safe yield
  • Allocate native safe yield fairly
  • Allow pumping in excess of native safe yield and charge to replace the water
  • Replace the excess pumping in the basin by recharging imported SWP water
  • Expand groundwater banking to non-municipal users
  • Meter all wells
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SLIDE 26

Allocate Natural Safe Yield (2,990 AFY)

Based on 2018 data

M&I/Domestic

  • CCI

565 AF

  • Municipal

182 AF

  • Domestic

176 AF

  • Mutual Water Co

42 AF

  • Total

965 AF (32% of Total) Agriculture

  • All

2,025 AF (68% of Total – Ag would be cut 27% from existing use)

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SLIDE 27

Allocate Municipal/Domestic

  • CCI gets historic/contract amount of 565 AFY
  • Other M&I/Domestic allocation based on lot size. Commercial based on use and

square footage of improvements.

  • M&I/Domestic allocations are fixed because they are based on built

improvements

  • Rights of non-pumpers preserved through buildout of existing developments
  • Allocations may be adjusted every 8 years based on model update and current

standards

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SLIDE 28

Allocate Agricultural

  • Remainder of NSY after CCI and M&I/Domestic
  • Provisions made for greenhouses (full year use)
  • Allocations based on net, planted acreage (to be verified by TCCWD)
  • Will vary from year to year based on customer’s reporting of acreage to be planted
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SLIDE 29

Pumping in Excess of Allocation

  • Deemed to be a use of imported SWP water
  • Pumper charged water rate for banked water plus penalty
  • TCCWD will spread imported water to recharge the basin – as available
  • Pumpers may bank imported water for their exclusive use (through agreement

with District) to avoid penalty and ensure supply – as available

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SLIDE 30

Management Provisions in Amended Judgment

  • Authorizes conjunctive use program (recharge, recovery and export of imported SWP

water

  • Authorizes groundwater banking programs
  • Requires private wells to be metered by January 1, 2025 to accurately monitor pumping
  • Provides continuing jurisdiction of the court (right of party to appeal to court if

aggrieved)

  • Property owners rights are preserved
  • Authorizes collection of assessments to cover Watermaster costs
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SLIDE 31

Next Steps

  • Attempt to engage all pumpers/parties to the adjudication
  • Clarify any outstanding issues for property owners/parties
  • Strive for consensus on amended judgment (Stipulation signature)
  • Petition court to amend judgment
  • Goal is to file motion with court by end of 2019
  • Implementation goal is 2021
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SLIDE 32

Questions?

Tom Neisler General Manager Tehachapi-Cummings County Water District 22901 Banducci Road Tehachapi, CA 93561 (661) 822-5504 Email: tneisler@tccwd.com