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HomeMy WebLinkAboutCC Res 1722 1968-10-07 I I I . . I.. -r. RESOLUTION NUMBER /7.;( ~ A RESOLUTION OF THE CITY ,COUNCIL OF THE CITY OF SEAL :BEACH, CALIFORNIA, A CHARTER CITY, APPROVING THE PROPOSED SETTLE~ MENT OF THE ORANGE COUNTY WATER DISTRICT VS. CITY OF CHINO WATER RIGHTS LITIGATION AND AUTHORIZING THE EXECUTION OF A STIPULATION RElATING TO THE DISMISSAL OF CROSS-DEFENDANTS. WHEREAS, in October, 1963, the Orange County Water District commenced a lawsuit in the Superior Court of Orange County against all upstream parties who produce water from the Santa Ana River system above Prado Dam, entitled "Orange County Water District v. City of Chino, et al." Case NO. 117628; and WHEREAS, several of the parties named as defendants in the above- entitled lawsuit filed cross-complaints against water users in Orange County, including the City of Seal Beach; and WHEREAS, a settlement of said action without trial by way of stipula~ tion which provides for dismissal of certain cross~defendants is to the best interests of this City; NCIol, THEREFORE, :BE IT RESOLVED AS FOLLCIolS: Section 1. The City of Seal Beach does hereby approve the settlement in the case of "Orange County Water District vs. City of Chino, et al" as set forth in the settlement documents titled "Judgment," Stipulation for Judgment," 1:!Stipulation and Order re Dismissal of Certain Defendants," and "Stipulation re Dismissal of Certain Cross Defendants." Section 2. The City Manager is hereby authorized to execute the Stipulation re Dismissal of Certain Cross Defendants on behalf of this City. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach, California, at a meeting thereof held on the 7th day of October, 1968, by the following vote: AYES: councilme~~,;;"~d/A"-r NOES: Councilmen ~ ABSENT: Councilmen ~h';, ~~....., "~.a~",,"J . ATTEST: ~A-./~;JJ cuJ~ Cle;rk _ , , . ~ "...-:....-.~ ' ........ ...~. . .&. , , .. ~ ::: ~ " ... , , , ~ ~ I I .......... . . ," . Resolution Number ...... -, (3) Good quality water is worth more than poor quality water and therefore the amount of base flow received by Orange County during any year shall be subject to adjustment either upward or downward depending on the quality of the water at Prado. (4) So long as Orange County receives the water to which it is entitled under the judgment and there is compliance with all of its provisions, the upstream water users will be allowed to divert, pump and use the surface and ground water supplies originat- ing in the upper area without restriction from the court or inter- ference from us, ,and to construct and operate flood control and water conservation facilities in their area without objection from Orange County. The proposed settlement is the result of lengthy negotiations between the parties. Those representing Orange County in these negotiations are firmly convinced that the proposed settlement achieves the desired result of protecti~g the water supplies of Orange County, which was sought when suit was filed. Under the terms of the proposed settlement, Orange County will receive its rightful share of the water in the Santa Ana River system. The proposed settlement will be accomplished by a judgment setting forth the terms which will be signed pursuant to a stipul~- tion of the four major districts. As provided in that stipulation, all other defendants and cross-defendants will be dismissed from the law suit. However, several major water agencies and water users in Orang~ County will be asked to sign a separate stipulation as a consideration for their dismissal, indicating their acceptance and support of the settlement. - I I Resolution Number -,;....; . . PROPOSED SETTLEMENT OF SANTA ANA RIVER HATER RIGHTS ADJUDICATION SUIT .a... .... In October of 1963 the Orange County Water District, on behalf of water users in Orange County, filed suit against all upstream water users to protect Orange County's share of the natural supply of the Santa Ana River system from diminution by increased production upstream. The physical and legal complexi- ties of the case are unprecedented. In excess of 4,000 individual parties have been served and the water supply and water rights of the entire Santa Ana River stream system, extending over 2,000 square miles and into four counties, have been brought into issue. It is apparent that the lawsuit should be settled rather than fought in court. A proposed settlement between the four major water districts of the River System based upon an inter-basin allo- cation of obligations and rights has been worked out. The settle- ment provides for the following: (1) The upstream areas will be required to deliver to Orange County an average annual supply of 42,000 a.f. of base flow at Prado and a minimum supply in any year of at least 34,000 a.f. This means in even the driest of years, Orange County will, receive not less than 34,000 a.f. of base flow. (2) In addition to the base flow, Orange County shall have the right to all storm flow reaching Prado Reservoir. The up- stream areas will support Orange County in the re-regulation of Prado Dam so as to conserve these storms flows which will amount to additional water on an average of 20,000 to 30,000 a.f. per year.