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HomeMy WebLinkAboutAgenda Report - December 21, 1988 (76)tiA WORKSCITY OF LODI PUBLIC DEPARTMENT TO: City Council FROM : City 1141anager MEETING DATE: Eecember 21; 1988 F IL COMNIUNICATION AGENDA TITLE: Approve Policy Allowing City Staff to Plan Future Water Well Locations Within the "Defined Area" of the Lodi -East Bay Municipal Utility District Decree RECOMMENDED ACTION: That the City Council approve a policy allowing City staff to plan future water well locations within the "defined area" of the Lodi Decree. BACKGROUND INFORMATION: As part of their work on the Water Master Plan, the City's water consultant, Psonzas and Associates, has recommended that some future wells be drilled within the "defined area" of the "Lodi Decree" (see attached letter and map). Since this is not in accordance with the City's past practices, staff wishes to have the City Council approve this concept in order to proceed with the Master Plan. The City has not drilled additional wells in this area because of past interpretations of the "Lodi Decree". The "Lodi Decree" is the final judgement in a lawsuit between the City of Lodi and the East Bay Municipal Utility District in the 1930s. The Decree essentially established that the Mokelumne River is the main source of recharge for the Lodi area groundwater and that East Bay Municipal Utility District may have some future obligation to maintain groundwater levels. As part of the Master Plan work, Psomas retained a water rights attorney, Ms. Virginia Cahill, of the firm of McDonough, Holland, and Allen, to review the Cecree with respect to the question of future well siting. Ms. Cahill stated, "The judgement clearly permits the City to redrill old wells or to drill new wells within the defined area". The "defined area" is an area from which the City has a right to 3,600 acre feet of groundwater on an annual basis. The Decree places an obligation on East Bay Municipal Utility District to furnish some water to the City or to meet a certain release schedule only under a very limited set of circumstances. These circumstances are described in the attached summary. Drilling additional welis in the defined area enables the City to best utilize our rights. It does not give up or make any rights available to someone e 1 s e. APPROVED: naqer CWELL2/TXTW.02M FILE N0. December 13, 1988 -.-•••••+^!.M�,vwr�w.wwws4xmwiewW.wauwu.vur urw,ww,nrww.Y.an..WYbdx:rirFr4wrw'w'wur............,............._....._,+w�.ruuax.w+'h!'C#'rlreRL4v'.iG�.Y:O'Y:W.a+u."w+'.^.w..w"s.•gprSY+hK..+•••..�.7.•.....••_•.•.••..•_�•.+�., •..•.•.�.»..w.w.w."aw�,M+ry . Count it Communi cation December 21, 1988 Page 2 Psomas and staff agree that it is unlikely the City will ever reap any direct benefit from the Decree. The Decree certainly was important at the time. However, to continue to design and operate the City's water system on 50 year old assumptions /iis not realistic. Ian 1 ack Ronsko bi Works Director JLR/RCP/mt Attachments cc: Psomas and Associates Virginia Cahill George Barber Woodbridge Irrigation District Northern San Joaquin Water Control District CWELL2iTXTW.02�t December 8, 1988 October 1, 1988 PS®MiAS J I',.v,,.,..luI ASMx ove-- 1acr.ill ent,. Mr. Richard Pri-,na ii.n..r.ara City of Lodi Call Box 3006 Lodi, California 9524: Subject: East Bay MUD "Lodi Decree" - Well Placement (LOD0105 304) As part of our Water System Master Plan effort, we have evaluated the current `Lodi Decree" as it impacts the developnent of the City's water distribution system and in particular the well placement. As part of this evaluation, Pcomas has obtained legal council from the firm of McDonough, Holland and Allen - Ms. Virginia Cahill of McDonough, Holland and Allen, reviewed the 1933 Judgment and the subsequent 1938 Judgment which is commonly called the "Lodi Decree," nade an analysis, and reported her findings in a letter dated June 1, 1988. The overall affect of the Decree was to preserve specific water rights for the City of Lodi based on groundwater conditions and Mokelumne River flows. However, it also limited the ability of the City to draw water from within a major portion of the central portion of Lod.. In its early years of implementation, the Decree offered a significant amount of protection for the city of Lodi; however, since that time the safeguards of the Decree have Seen severely diluted. Summarized below are several of the important factors concerning Lodi 's groundwater supply situation that have changed the importance of the preserved water rights in the "Lodi Decree". 1. The water table has not dropped as projected in the 1930's, even though it is lowering. 2. There is a more significant difference in the groundwater table elevation at different locations throughout the City, as much as 50 foot difference from the northeast toward the southwest. Nan:..: w .nn .. 17f tri i�rna���vr... �.. ��: wry rr�•�. �. Page 2 Mr. Richard Prima October 1, 1988 (110D0105 304) 3. The water quality has not zignificantly degraded as the water table has dropped. 4. The development of the Casanche Reservoir has preserved significant flows in the Mokelumne R:'.ver which supersede the minimums established by the original judgments. 5. The water table conditions in Lodi are significantly affected by water drawn frum the sane groundwater basin, principally the Stockton area. b. The water consumption in the city of Lodi is now significantly greater than that quantity being protected by t h e Decree. 7. Water quality issues now included trace quantities of toxics, such as DBPC's, in addition to the more historic concerns over salt water intrusion through the Delta. It is now evident that the amount of water Supply protection afforded by the "Lodi Decree" is not significant in relationship to the restrictions that it places on the efficient placement of water supply wells within the community. The Water Master Plan will be recommending that the City's distribution system development and well placement be predicated on efficient hydraulic operations, energy savings, placement of wells for best water quality and well yields, and not on compliance with the liµitation of supply from within the "defined area" as delineated in the "Lodi Decree". The City staff recently prepared a document entitled, "Summary of City of Lodi vs. EBMUD Judgment & Decree as it Pertains to City Groundwater'. This summary does a good job of simplifying the major conditions of the complex "Decree". It points out the unlikely set of circumstances that would afford the City a benefit, assuming complete compliance by the City of "Decree" requirements. .. ,. •an,+� ", 'y.�0..�%x r./r,:.•:a . E,.+.......,w.� udktlefi.>.9#YS�N.+'� Page 3 Mr. Richard Prima October 1, 1988 (LOD0105 304) 11!;:161"W/ :: This brie -Fly summarizes the results of our evalulation and findings .regarding the EBMUD "Lodi Decree". Our recommendation is a significant departure frcm past City "policy" which we feel was appropriate before, but not under the current physical situation of Lodi's groundwater supply conditions. If an additional meeting is required to more thoroughly discuss or explain the conclusions reached in our analysis, we would be glad to attend. In the meantime, call if you have any gsestions. Sincerely, PSOMAS AND ASSOCIATES Harold L. Welborn, P.E. Vice President HW. jer:H1.69 cc: Virginia Cahill, McDonough, Holland and Allen Summary of City+of Lodi vs. EBMUD Judgement & G�?cree as it Pertains to City Groundwster City has "prior right" to 3,600 ac. ft annually (6 MGD maxinunT! dai ly flow) from "defined area" AND ERMUD has no obl igaticn to City UNTI L Static groundwater in "defined area" falls below sea level as n;?asured in first 10 days of January for 2 consecutive years, AND City is unable to obtain the "prior right" amounts "...of a quality and potability comparable with that characterizing said water supply at the present time..." 1101M by ERMIT LeveZ -ILS ? ft. Lowest .it 5 aeZZe, in "de;"ined ne can Produce the annual. anount (17,600 ac. ; ). "h-ee are lie e:_ -'e F•rcauce E "Qua andpotability" not defined. EBMUD shall supply the difference between the "prior right" amounts and the amounts obtainable from City a EBMUD shall release water into the wells in the "defined area" continuing Mokelumne River per schedule until static water level is above contained in decree sea level for 1 year - T TNT FCC EBMUD can show that fall in static water level is due to operations of other parties junior in right to EBMUO THEN EBMUD has no obligation. SUMMARY4/TXTW.02M With :'aTanche Reservoir and its other obZigations, EBMUD meets the release schedules contained in the Decree OtFO VCI { OF- L.OQ1 PUBLIC WORKS DEPARTMENT WELL LOCATION N T 1 WELL NO. "CENTRAL RAL AREA pox, � `J STANC HY POWER 1938 -DEc�.EE" CHLORINATOR ` WELL LOCATION A CITY COUNCIL JAMES vv PINKERTON jr Mavor JOHN R (Ranovi SNIDER 1+avor Pro Tempore DAVID :M, HINCH,MAN EVELYu M. OLSON FRED *.i RECD CITY OF LODI CITY HALL, 221 WEST P:NE STREET CALL BOX 3006 LODI. CALIFORNIA 952.11.1910 (209) 334-5633 TELEC�011 K :204) 313-o-,95 December 14, 1988 THOMAS A PETERSON City :Manager ALICE M. REIMCHE City Clerk EtOH McNATT ( City Attorney SUBJECT: Policy Allowing City Staff to Plan Future Water We 11 Locations within the "Gefined Area" of the Lodi -East Bay Municipal Utility District Decree Enclosed i s a ccpy of background information on an item that wi 11 be discussed at the City Council meeting on Wednesday, December 21, 1988, at 7:30 p.m. ?he meeting will be held in the City Council Chamber, 2nd Floor, City Hall, 221 West Pine Street. You are welcome to attend. If you wish to comment on this item at the meeting, please contact Alice Reimche, City Clerk, at (209) 333-6702. if you have any questions about the item, please call Richard Prima or m at (209) 333-6706. �L Jack L. Ronsko Pu'ei c Works Director JLR/mt Enclosure cc: City Clerk ..-....,.:f .........:.. .. ..... 1... .. 5. .": �..-, u._'...M.r. i.ha;.�.....y .<.n,.A1...t:.,.G ':.+icn.�.�,ar. 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