HomeMy WebLinkAboutMinutes - November 21, 1928296 A
City Hall, City of Lodi
.a:. S
November, Novecer 2lst.,1928
i
Pursuant to adjournment taken from the regular meet -
of November 19th.,1928 the City Council of the City of
Lodi met in adjourned regular session at 7.45 o'clock ?.M.,
Councilren Hale, Roach . .attuck and Spooner {resent, Council-
man'7eihe appeared at 8.10 o'clock and took his seat.
After wrolmrged discussion and emplanation of the
present situation by City Attorney Glenn ?est, the following
resolution. was introduced: -
SCLtT' 1 Ci N0. 563.
hereas, this City and the surrounding country is
menaced by ar.impairment of its subterranean ;iter supplies
caused by activities on the upper raters of the Lo eft i e
River;
And whereas, it is urgent that some definite action
be taken at this time in order to ascertain the best methods
for protection of these valuable rights;
Be it Resolved by the City Council of the City of
Lodi that the Citir attorney of this City be directed, author-
ized and empowered to make such investigations as may be
necessary and retain additional special legal councias he
may need in order to determine the steps to be taken;
Be it Resolved also, that the pay of the City
Attorney for such special work be, and the same is hereby
increased to the z of 7250.00 monthly for a period of three
months from the date hereof.
The above Resolution No. 563 was thereupon introduced
on motion and finally passed and adopted by the following vote: -
AYES: Councilmen, :'eine, .Shattuck, Hale, Roach and
Mayor Spooner.
NOES: Councilmen, None.
*T .
:L.3..;::� . (Cunci men, None.
The budsiness of the evening being acccm•olished, the
City Council adjourned until the day and hour of their next
regular meeting.
A".test :-
The foreg_ng minutes read and
approved -sit_ out correction at
a rejrt- meetin t• C t_.•
cam:• -'fir r,- n:�:i:1:j of �•�� �J^J
C::uncil held December 3; 192?.
_,)ti w
.171111%2T• oY TOC 2
December 3, 1995.
F . BLAOELY, Cit
?ederal o:^er Commission,
^orect Service,
?errs; Building,
San Francisco,V Califor:.�_.
Sirs:
In-purzaance of t e ; ny ir_:;_uiries made to the members
Of the Ccu_*:cil of the C-:ty of Lodi as to :rhea protection_ has beer.
,
azs,_r,.e _ that its present municival water super, s
s oe,, to t'r_C't;; „-v
now pumped from percolating -maters, will not be jeopardized by
the con! -ruction and operation of the -a.rdee Dam anal the rerr-pitted
divers' On of water t're_ eby from the "okelum e River. to the East
Bay District, nor by the -provision for civersion from the '-'_okel-
umne =fiver north-,-ard into the Jackson Creek .watershed, as stir-
ulatee, in -,,our izsued License for _over Project 11:o. 557; the
Council has deemed the tire opportune to rake inquiry for infor-
mation which will be helpful in determining what steps, if any,
Should be taken by the prior vested rights along the said river
1.;cking towsrd the -preservation of the source oi? the present
percolating waters c�Ich, it is feared, may be affected by the
prorosed obstructed and altered flow, of the ::okelur .e River re-
sultin- frog the completion and oreration of the said -ardee
Dam.`
-.herefore, at the order of the Council, the Clerk has
been directed to respectfully re ueet information pertaining to
the aueries as recited in the attached mem=oranda.
Signed
J. ^ 3lake17
City Clerk of the City of Lodi.
Dated: L1ov. 9. 1928
'R.yRAL _o Y_.R Cc'=SSI01T
FIP3T
In accordance with paragraph four of the preamble of the
License for Project ;o. 567, has the City of Lodi, as a ::unici-
nality, lost its status before the Federal Folder Commission as
a potential objector to the said Project, eit'r_er As a +vhole or
in part, through not having flied -with the Cc=ission an official
- lest prior to the execution of the said License on the 24th
day of June, 1926?
SE C Q=TD
By the terms of Article 10 in"the said License, does the
Corrission reserve untz- _,self the right to hold the Licensee
resp nsible and liable for damage done to the property of others
t--
r -ugh the cor_struction and operation of the Pardee Dam:', and
is so by �fnat .procedure may the Licensee be obliged to ccnpersate
for such damage?
THIRD
Is 12ticle 16 of the License to be interpreted to mean that
the Commission construes all of the flow of the "okelurne River
at the Lice_see :ardee Dan, "in excess of anounts carried t'hrough
ills a.ueduct" to be "surplus Waters" and that as such they m^"77
insofar as the ?ederal =oyer Commission is corcerred, be diverted
northward into the Jackson. Creek Watershed, and thereby completely
seouestr_ted from the ves ,ed rights southward and downstream from
t e -ardee Dam.
FOURTH
Referring to Article 17 of the License, does not the munici-
pal permit Zo. 2459, as issued to the wast B=.y i:umicipal Utility
?q,5
'District by the State Division of vrater 'Rights, recite that the
point of natural flow diversion and of diversion to storage shall
be at the Pardee Dam, and if so by what authority has the said
errittee and Licensee any jurisdiction over the retention and
release by others of water impounded above and upstream from the
Pardee Dam, provided such water is returned.to the stream above
the said Dam?
FI^TH
Referring to article 24 of the License, wherein the uoerer
capacity of the proposed power development is taker. as 9,300
horsepower, is this amount determined by the diversion and use of
the 375 cubic feet per second as has been granted by the Division
of Water Rights to the East Bag '_unioi_al i:tility District under
power permit %o. 2529?
SIXTH
In accordance with Article VIZ of the said power permit ro.
2529, mould the Federal Power Commission give its approval to
the abandonment of such a power development should the Division
of Nater Rights allocate the said diversion to an agricultural or
municipal applicant for diversion through the Jackson Cree'_k: Spill-
way, even though the power plant of the permittee should have
been installed and in operation?
ST'TH
Under the conditions recited in Irticle 28 :,f the License,
has the Licensee the right to sell its power output, in whole or
in part, to a purchaser irrespective of the geographical location
of the proposed point of usage?
BIGHT;?
Is the Pederal -ower Commission authorized and empowered to
issue and maintain a Project License for. a municipal and domestic
diversion whereby a complete sequestration of water is made from
a stream, and where such a project does not incorporate and main-
tain a power develoy.,ment?
ITIMH
Dods the Federal Power Commission, to its License of roject
No. 567, undertake by the conditions recited in Irticle 18, to
assure the prior vested rights, downstream from the Pardee Dam,
the continued, unobstructed and unaltered use and right to use,
of the percolating waters as now originate in and are available
from the _.okelumne River?
T'217TH
Can you make any suggestions which mould be of assistance to
the Council in their analysis of the problem of protection of
vested rights along the 'Lokelumne River?
Department of Public Works,
Division of Water Rights,
401 Public Works 3uildirg,
Sacrarento, California.
sire:
In pursuance of the many inquiries maee to the members
of the Council of the City of Lodi as to what protection has been
2q9
Assured to the Cites- that its present r^unicipal water supzly, as now
pu=med from percolating maters, will not be jeopardized by the
construction and operation of the Pardee Dan and the permitted di-
version of zuter thereby from the :Iokelurne River to the East Pay
District, nor by the provision for diversion from the :-'okelu=e
River northward into the Jackson Creek Watershed, as stipulated in
your issued permits ''•umbers 2459 and 2529; the Council has deemed.
the time opportune to make inquiry for infor^ation which mill be
helpful in determining :that steps, if any, should be taken b;; the
prior vested rights along the said river looking toward the preser-
vaticn of the source of the present percolating waters which, it
is feared, may be affected by the Lr;mosed obstructed and altered
floes of the W'okelur ne River resulting from the com;letion and
operation of the said Pardee Dan.
Therefore at the order of the Council, the Clerk has beer.
directed to resreo:fully request inforr^ation :ertaining to the
cueri s as recited in the attached nerrcranda.
Dated: Nov. 9. 1928
Signed '
J. F. Bla.kelZ
City Cleric of the City of Lodi
DIVISIOT OF W.Y=TER RIGHTS.
FIRST
In accordance with drticle II of permit No. 2459 issued to the
East Bay ysunicipal Utility District, may the State Division of
T
rater Rights at and time subsequent to the issuance of the permit,
investigate the recuiremer_ts of the vested users of percolating
—ters from the underground Basin of the 1'okelurne River and if
such an investigation so warrants, revise dovrnwa.rd the amount of
diversion by the permitte•z, even though the permittee shall have
then completed its r'roject in anticir?tior_ of ultimately diverting
the entire quantity of 310 cubic feet per second as designated in
said hermit?
SECOMD
Referring to Article % of permit I;o. 2459: If, subsequent to
the completion of the Pardee Dern the present water supply source
of the Cit^ of Lodi is altered or diminished, what procedure would
be necessary to determine whether or not such a condition was the
direct result of the construction and operation of the said Pardee
Dan? 7—hat presentation would the City of Lodi have to make to the
Division of Nater 3iehts to justify their investigation in accor-
dance with Article If, should it be then the opinion and conclusion
of the City that such an altered and diminished condition was the
direct result of the cons tr.:ction of the said Dan?
T HI?D
If, in accordance with Article II of permit No. 2459 such an
investigation_ pas deemed in order by the Division., subsequent to
such a presc_tation by the City of Lodi, and was so ordered to be
made and thereafter there should be a revision do -inward of the
present allotment of rater to the permittee, could such a revision
be enforced? Eas the Division of Water Rights the authority and
po,:er to cancel the permit in its entirety for the non -fulfillment,
by the permittee, of any of the conditions of the said permit?
'CURTH
With reference to Article % of permit No. 2459, has perr^jttee
any written agreement with the Division of Water Rights binding
said permittee to make such studies and investigations, and if so
is such an agreement a public record? If such studies and invest-
igations -are' 'being made, have the findings to date been filed with
the Division of 'stater Rights, and
Council of Lodi to request of the
ings be provided by the permittee
CCUncil?
if not is it in order for the City
Division that a copy of such find -
and transmitted to the said
PIFTH
If such an investigation was so ordered, what agency would
mane such an investigation and what probable period of time would
be required to complete the same and "determine with reasonable
certainty the effect of the diversion and storage" as is proposed
under permit No. 2459? By whorl would the expense of such an in-
vestigation be borne and what body would Bete= -I e finally where
the responsibility would rest for any such alteration or diminu-
ation in the water supply of the City of Lodi?
SIXTH
If in accordance with Article IX of permit 2o. 2459 there
should be an application for a diversion_ into the Jackson Creek
Watershed, through the as.O of the Pardee Dan and the Jackson Creek
Spillway, by what means would the Division of hater Rights deter-
mine the amount of water which "would then be classified as "excess"
water, if any, that would be available for such an applicant, as
against a southward diversion and the requirements of the vested
users of percolating waters of the-okelumne Ricer, domstream
from the Pardee Dam?
SEMI=
Referring to Article VI of permit No. 2459, what uses and
purposes are contemplated by the Division of water Rights in the
recited limitation of diversion for "municipal purposes", and have
such determinations been made by the Court?
EIGHTH
In reference to Article VIII of permit bo. 2459, does the
Division of :tater Rights contemplate regulation of the permittee
diversions "to satisfy -all requirer,_erts" as applying to only prior
applications in accordance with the .tater Commission Act, or does
such a regulating condition encompass prior vested rights?
rIrTH
Does Article VII of permit zio. 2529, issued to the East Bay
Municipal Utility District for power purr,oses anticipate that
should an agricultural application with a proposed diversion through
the Jackson Creek Spill -my be made, and for a portion or all of the
recited 375 cubic feet per second, that the Division of Water
Rights could and would se perrait such a changed diversion of the
same water after the present per ittee had carstructed the necessary
power plant to make use of the said preser•t permitted diversion?
TEN TF
Again referring to Article VII of permit Lo. 2529 and Article
VI of permit No. 2459, should there be a further application by the
East Bay Zunicipal Utility District for a diversion in addition to
that stipulated in their present permit Do. 2459, or applications
by any of the various unicipalities in the vicinity of the present
route of the Utility District pipe line, whereby the proposed method
of diversion and delivery would be through a joint use of the said
pipe lire, would the Division so pe mit such municipal diversions
of a portion or all of the 375 cubic feet per second as recited in
permit P7o. 2529?
EIZVENTH
If in accordance with the Pacific GAe and Electric Company
applications numbers 5161, 5240 and 6032 and permit Lo. 2100, the
said company civert to storage the quantities of natural flow as
therein designated "subject to vested rights", and such storage is
subsequently returnedto the bed of the =okelumne River at Electra,
301
would such returned waters be subject to appropriation for diver -
Sion to either the ?ast Bad District or_through the Jackson Creek
Spill:,ay, in accordance with Section 17 of the Water Commission
Act, together .nth the Crinion and Decision of the Division of
Water Rights in the ratter of application iio. 3648?
T7-_- IF TR
Are the agricultural applicaV ons !lumbers 2409 and 2410 of
- Stephen Kieffer, filed with the Division of .pater Rights prior
to the sceuisition by the East Bay :.unicipal Utility District of
the proposed Pardee Rcservoir Site, still pending and if so, .chat
action is being taken by the applicant as indicating diligence that
it will divert t'Lerecited.quantities of the present natural flow
of the okelurnne River through the Jackson Creek Spills:ay?
THIRTR rTH
Under and in accordance with the conditions of the fore -going
mentioned applications and permits, does the Division of Water
Rights undertake to assure the vested rights, downstream from the
Pardee Dam, the continued, unobstructed and unaltered use and right
to the use of the percolating graters as now originate in and are
available from the .vokelumne River, or is such an assurance a
matter for deUrmination by the Courts, subsequent to the initiat-
ing of litigation by the present proprietors of such vested rights?
MUM=ITH
Can you make any suggestions which Would be of assistance to
the Council in their analysis of the problem of protection of
vested rights along the %:okelumne River?
East Bay 2_unicipal Utility District,
Ray Building, 1924 Broad -,.-a7,
Oakland, California.
Sirs: -
In pursuance of the many inquiries made to the members
of the Council of the City of Lodi as to what protection has been
assts ed to the city that its present--unicipal water supply, as
now pumped from percolating raters, will not be jeopardized after
the completion and operation of the several prorosed major dams
along the :::okelurne River and the resulting aggregate diversions
thereby from natural flow., to storage of the greater portion of the
annual run-off of the stream; the Council has deemed the time
opportune to rake inquiry for information which will be helpful in
determining what steps, if any, should now be taken by the prior
vested rights along the said ?diver looking toraard the preservation
of the source of the present percolating waters which, it is
feared, may be affected by the proposed obstructed anO altered flow
of the 'Zlokelurne River resulting from the completion and operation
of the said Dams.
Therefore, at the order of the Council, the Clerk has
been directed to respectfully request information pertaining to
�._.. the queries as recited in the attached memoranda.
Si fined
Dated: rovember 9, 192E
J. R. Blakely
LTi�yZrlerx of the Cit? or Lodi
EAST BAY =, ICIPIL UTILITY DISTRICT.
FIRST
If in accordance with your permit Bo. 2459, wherein you are
permitted to crake a certain divers= on from natural flow and an ad-
ditional diversion to storage, which will result in a definite
secuestration of water from the L'okelumne River, as authorized by
the Division of Water Rights; "subject to vested r`_ghts", you com-
plete and operate the .2ardee Dam, what assurance have such vested
rights, downstrea= from the said Dari, of the continued present use
and right to use of the nos, unobstructed and unaltered percolating
waters as originate in and are available fro= the said River?
SaC C:'D
If in accordar_ce with your perrit Lo. 2529, wherein you are
permitted to make a certain diversion to storage, you proceed with
the installation of a power plant to make use of such a diversion,
and subsequently the said diversion is allocated to an agricult-
ural or municipal applicant, as provided in Article VII of the said
permit, have yon any alternate but to abandon the use of the said
power plant? Could and would you resist such a changed diversion
and thereby prevent a further diminution of floor to vested rights
below the Pardee Dam?
THIRD
Is there any truth in the persistent rumor that your organ-
ization is cooperating with and encouraging other Nunicipalities,
adjacent to and in the vicinity of your present District, to join
with you in a plan whereby such other I-lunicipalities may partici-
pate in the use of .nater from the 1-okelumne River? Article VI
of your per* -it No. 2459 specifically provides that no rater shall
be diverted for use in other than the present East Bay Utility
District, therefore if the rumor is true do you contemplate apply-
ing for an additional diversion for the present East Bay Yunicipal
Utility District, or is it =oposed that such applications will be
made direct by the individual :.unicipalities which may seek the
use of water from the :_"okelumne River but to be delivered to them
through your pipe lines?
F CU..T
What firm assurances are you prepared to give to prior vested
rights, do �mstream from the 1ardef Dam, that such rights will not
be jeopardized and eventually totally lost by :and through your
proposed regulat'.on, at and above the Pardee Dam, of the present
natural and unobstructed flow of the 'wokelu=e River?
FIFTH
Can you make any suggestions which `could be of assistance to
the Council in their analysis of the probler of protection of vest-
ed rights along the :-'okelunne River?
Pacific Gas and Dlectric Company,
245 Market Street,
San Francisco, California.
Sirs: -
in pursuance of the many- Inquiries made to the rerbers of
the Council of the City of Lodi as to what protection has been
assured to the city that its present 1'unicipal Nater supply, as
now pumr.ed from percolating waters, will not be jeopardized aftAr
the comwletion and operation of the several proposed major dams
along the Lokelumne River and the resulting aggregate diversions
302
thereby from natural f=our to storage of the greater portion of
the annual run-off of the stream; the Council has deemed the
tine opportune to make ira;:iry for infor--tion ^: ich will be help-
ful in deter`ining what steps, if any, should now be taken by the
prior vested rights along the said River look'nS tc=d the
preservatior. cf the source of t'r_e present percolating waters
which, it is feared, may be affected by the yropoeed obstructed
and altered flow of the : okelumne River resulting from the cor•-
pltion and operation of the said Dans.
Therefore, at the order of the Council, the Clerk has
been directed to respectfully request informat'_on pertaining to
the queries as recited in the attached memoranda.
Signed:
J. F. Blakely
City Clerk of the City of Lodi.
Dated: Hover_:ber 9, 1926
2ACIFIC GAS _1_7D =CTRIC COMMI
FIRST
If in accordance with your applications Lumbers 5161, 5240
and 5032, as now pending before the Division of Cater Ri�r_ts, to-
gether with your permit Eo. 2100, as issued by the said Division,
you complete the :.:okelunne 2roject as now proposed and return
such temporarily stored diversions to t.^e bed of the ::okelurme
River at or below _Electra, would, in your opini :r., such returned
;eaters be subject to appropriation for use elsewhere than in the
Lokelumne Ri-:ex Sasin, in accordance with Section 17 of the rater
Cormission Act?
SEC 01M
If such returned raters :could be subject to appropriation,
as indicated in the Opinion and Decision of the Division of Water
Rights in the ratter of application 2:0. 3646, what assurance
have the vested rights, dovrr_stream from Electra, that they vi 11
not be deprived of and totally lose such rights to the use of
such craters through a further appropriation and subse-uent di-
version aeras from the :.:okelurae river Basin?
THIRD
Does your agreement with the Tinship Estate dated December
31st, 1924, commit you to deliver to the said :state the same
ar."- identical water as referred to in ,our permit Yo. 2100 and
application: iio. 5240, to the exclusion of any other appropriator,
and if so is "such point" of delivery proposed to be above or
below the high flow line of the said River?
F OU 2TH
In the matter of your present permit No. 2100 as issued by
the Division of '.','ester Rights, wherein you are permitted to make
a certain diversion to storage "subject to vested rights", to-
gether with your pending applications, what firm assurances are
you prepared to give to such prior vested rights that they v411
not be jeopardized and partially lost through your proposed
acts on tr_e wokelunre :liver?
FIFTH
Can you make any suggestions which would be of assistance
to the Council in their analysis of the problem of protection of
vested rights along the ::okelunaa River?
304
Colorado =ower Corpany,
1201 Crocker :first Lat. bark building,
San Yr:.ncisc,-, California.
Sirs: -
in pursuance of the decision cf the Council of the City
of Lodi to determine uzon a procedure looking toy:mrd the protec-
tion and preservation of the present-unicipal water supply of the
city which, it is feared, may be affected by the construction of
the many proposed dans along the zokelumne ?fiver; the Council has
deemed the time opportune to seek such information as will be
helpful in arriving at a conclusion as to what should be done to
insure such protection.
Having actively in mind the official presentation rade
to the Council by your PresiBent, Mr. Lloyd Thayer, sore months
ago, wherein he sought the cooperation of the Council in the'.making
of a Light and .ower Survey of the territory irmediately contiguous
tb the City of Lodi, lo3king toward the formation of a Utility
District and the delivery thereto of the pourer output of your pro-
posed plant; the Council believes that a more detailed understanding
of your position relative to your proposed use of Y:okelumne =aver
water in the generating of electric energy may be helpful in an
analysis of the many diversions as are nor, contemplated by various
applicants and permittees of r cord with the State Livision of
Water Nights, and have therefore directed the Clerk to res•c-•otfully
reouest information pertaining to the queries as reci'ed in the
attached memoranda.
Signed
J. F. 3lakeAM--
City Clerk of the City of Lodi
Dated: Lovember 9, 1928
COLO?!D0 - 0" EH C0 3i'.°i
r'I rtST
Is your power project predicated upon an aprropriative or
upon a riparian right?
SEECCrD
If the basis of your proposed poser development is upon a
riparian right, what amount of natural floe of the i:okplurne 'rover
do you propose to make economic, reasonable and beneficial use of?
THI _RD
Does your present plan of power development contemplate the
use of any of the :raters proposed to be diverted to storage and
subsequently released by the various applicants ane permittees
now of record vrith the Livision of dater Eights?
FOURTH
Do you propose to develop head by the construction of a dam
and the creation of a reservoir, or by means of by-paesirg your
fee ;:roperty with a conduit?
Fi PTH
If you propose the construction of a dam, do you contemplate
aryregulation of the streaW within the reservoir thus created?
SIgTH
Will your construction and operation program, jeopardize, in
any way, the vested rights to the use of the natural flow of the
r".o'_celuTne Hives do stream from
.your proposed development?
305
mat will be the effect upon your project if the various
applicants and .er=ittees of record pith the Division of "rater
Rights are permitted to c:mrlete their proposed develor=ent on
the ::okelumne River?
ZI (417- T E
Have you taker_ any legal action or do you propose to do so,
against ar_y of said ap-licants anc permittees as above recited?
Y111Tn
If such legal action has been taken, would it be in order for
the Council to request copies of such documents as ma be of
public 'record?
T i+TH
Can you Hake any sug?estions which would be of assistance to
the Council in their analysis of the problem of protection of
vested rights along the 1..okelumne River?
:x. J. W. Preston, Jr.
350 cost Street,
San Francisco, California.
Dear Sir: -
In pursuance of the many inquiries made to the members of
the Council of the City of Lodi as to what protection has been
assured to the city that its present uricipal :tater supp17, as
now pumped from percolating :n ters, will not be jeopardized after
the cor-pletion and oyer -,.tion of the several proposed rajor Dams
along the :.:okelu=e river an- the resulting aggregate diversions
thereby from natural flow to storage of the greeter portion of the
annual run. -off of the stream; the Council has deemed the time
opportune to make inauir; pro information which will be helpful in
determining ..hat steps, in spy, should now be taken b-- the prior
vested rights along the said River looking toAard the preservation
of the source of the present percolating waters which, it is
feared, ray be affected by the proposed obstructed and altered
flow of the _.:okelumne River resulting from the completion.- and
operation of the said Dass.
Therefore, at the order of tae Council, the Clerk has
been directed to res-pectfilMy request information pert-.ining to
the ot:eries as recited in the attached memoranda.
Si gred
J. F. Blakely
City Clerk of the City of Lodi
Dated: PTovember 9, 1928
3. -- YRESTC , JR.
RIRST
If with reference to ;;our agricultural applications Piumbers
1964 and 2099, now pending before the Division of ?later Rights,
you atter---t to complete your project as set forth therein, could
the last Bay :Iunicipal utility District, or any other Bcunicipal
Dis riot, divest you of all or any portion of such applied for
30f;
water in accordance with Section 20 of the mater Cornission lct?
SEE CC
If you should not be successful in the disposition, through sale
of :ter for irrigation use, of such Nater as you propose to store,
regulate and divert in and from the -_ehrton Reservoir, could you
under your present applications assign to a Grantee and there-
after divert such water at or above the Pardee Dam of t e East
Bay Municipal utility District and away from the okelumne river
Basin?
Under your pending applications i:unbers 1964 and 2099, wherein
you propose to divert from natural flow to storage at and into the
Balt Springs Reservoir certain definite quantities of water is such
proposed diverted and stored water intended and contemplated to
be the same and identical water as is proposed to be diverted to
storage by the Facific Gas and Electric Company under their permit
number 2100 and application number 5240 as issued and pending
before the Division of :dater Rights?
FOURTH
Does the Winship Estate (grantor) agreement with the Pacific
Gas and Electric Company (grantee) dated December 31, 1924, com-
mit the grantee to deliver to the grantor all of the water pro-
posed to be used by the Pacific Gas and Electric Company through
the plectra Power plant when enlarged or only the quantity as
recited in the permits and applications as hereinbefore referred to?
FIFTH
Again referring to the agreement as above mention, in "such
point" of delivery of water by grantee to grantor, proposed to be
above or below the high flow line of the _--okelumne River, and does
the grantee undertake to guarantee to the grantor the delivery
of such water "subject to all reasonable losses occas4oned by the
grantee's use thereof" at any such point belo,?:, and downstream
from Electra as may be designated by the grantee but subject to
the approval of the grantor?
SIXTH
Assuming that your applications 110. 1964 and ho, 2099 will
be confirmed and the Division of Water nights will subsequently
issue permits thereupon, what protection provision do you conter-
plate for the preservation of the prior vested rights lying
downstream from the proposed aehrton ileservoin
iSiJ= E
Can you make any suggestions which would be of assistance
to the Council in their analysis of the problem ofr_aotection
of vested rights along the r-okelumne giver'e
z=. Stephen E. iiieffer,
57 cost Street,
ban N�,rancisco, ua'-ifornia.
1)ear Sir: -
In pursuance of the many inquiries made to the members
of the council of the City of Lodi as to what protection has been
assured to the city that its present Lmnielpal Nater supply, as
60'r
now peed from percolating raters, will not be jeo-cardized after
the completion and operation of the several proposed major dams
along the :_okelumne :iver and the resulting aggregate diversions
therdy from natural floe to storage of the greater portion of the
annual run-off of the stream; the Council has deemed the time
opportune to make inquiry for information which will be helpful
in determining what steps, if any, should now be taken by the
prior vested rights along the said ;,iver looking toward the pre-
servation of the source of the present percolating waters which,
it is feared, may be affected by the proposed obstructed and
altered flow of the Wokelumne diver resulting from the completion
and operation of the said 1iams.
Therefore, at the order of the Council, the Clerk has
been directed to respectfully request information pertaining to the
queries as recited in tie attached memoranda.
Signed:
J. r. Blakely
City Clerk of the City of t,o�Tc i.
Dated: November 9. 1928
STEP= 3. BIE r EE
FIRST
if in accordance with your ap;;lieations numbers 2409 and
2410, pending before the !iivision of Water ttights, you are sub-
sequently given permits to proceed with the development, what
protection provision do you contemplate for assuring to vested
rights, dou stream from the kardee and diversion dan, the contin-
ued use and right to the use of percolating waters as now origin-
ate in and .are available from the x1okelurm<e ;`iver below such
proposed diversion point?
S3COB D
Should you be subset uently given such permits to make such
proposed diversions, and there was at that time a greater demand
for such crater in a location, other than that referred to in the
said applications, would there by aaS restriction, aid if so bg
What bod-, prohibiting the diversions of the said nater to such
a changed location of usage?
T=TM
Should such agricultural diversions as indicated in the said
a:plicat'.cns subsequently be .ade, is it now contemplated to
generate electric energy- at the proposed Dry Creek dam. through
the release of such diverted and impounded water from the proposed
reservoir into a conduit which viould convey the said mater to the
point of agricultural use?
:OU3TE
�- If after completion of the proposed reservoir as indicated
► in your applications, an agricultural application were rade by
Sou proposing diversion through the Jackson Creek Spillway, of
the 375 cubic feet per second as allotted in power permit No.
2529 to the cast Bay Municipal Utility District, and in accordance
with the reservation attached thereto, would you be permitted
the usage of the said quantity of water for power development at
the Dry Creek power house if any there be?
308
- _ FIFTH
What proportion of the entire area proposed to be inundated
by means of the Jackson. Creek Spill—.y de you nom, control, and
when do you anticipate that the said area will be inundated?
SIXTH
Can you make any suggestions which would be of assistance to
the Council in their analysis of the problem of protection of –
vested rights along the "okelumne River?
ZOE