HomeMy WebLinkAboutMinutes - September 16, 1932September 16, 1932.
Pursuant to adjournment taken 3epte:nber 12, 1932, the City
Council met at 8 o'clock 2.:.:., Councilmen Clark, :;eagle, Spooner
and ,.eine present, 11a or Steele absent.
On .motion of Councilman Clark, eagle second, Councilman
Spooner ::as chosen Layor pro -tem and opened the meeting.
Robert Li. Searls of Council for the City in the East Say
and Pacific Gas Company case appeared at 9.10 o'clock 2.3..%, and
outlined the City's case as it would be presented, stating that
the offer in equity contained in Resolution No. 622 adopted
October 20, 1930 should be withdrawn and another offer substit-
uted therefore. This meeting the pleasure of the City Council,
r Searls was authorized to make the following offer as embodied
in Resolution No. 659
3 ESOLUTIOI+ No. 669
=S, the case of City of Lodi, plaintiff ^s East Bay
l nicipal Utility District and Pacific Gas & Electric Company,
defendants, will come to trial in the Superior Court of San Joaqt::n
Count; at Stockton on September 19, 1932;
WHEREAS, prior hereto, viz, on the 20th day of October,
1930, this City did make an offer to allow these same defendants
the rights to operate their respective plants under limitations
thought to sa'e other riparian owners and appropriators from
serious injury or damage, which offer was rejected by both of
said defendants;
NM, TEERE?ORE, this City Council hereby withdraws its
offer aforesaid and hereby directs that all and any offers cont-
ained in its Resolution No. 622, adopted October 20, 1930 be,
and the same are herebyueclared null, void and of no effect
and not to be considered the action now pending;
In liew of the offer or offers contained in .he said Ros-
elution No. 622, and as further evidence of its disposition to
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COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL - - CITY Of LODI
have a just and equitable division of the waters of the 1_1okel-
u-=ne Fiver made at this time, this City Council now tenders
the following offer to do equity with the sincere hope that
it may lead to a settlement of the matters at issue without
harm to sither of said defendants and will protect and insure J—
this City from any further invasion of its rights to the
domestic water supply of its inhabitants :
0223R BY TUU CI -.-I 3: LODI TO DO E UITY.
in view of the fact that the East Bay ilanicipal Utility
District and Pacific Gas and Electric Company have constructed
extensive works on the :.'_okelumne River notwithstanding the pen-
dency of this action, and are devoting waters of the iioke lune
River to the respective uses of the 2ublic served by the Pacif-
ic las and Electric Company and the inhabitants of the East Bay
liunicipal Utility District; the City of Lodi makes the following
offer to do equity in the present case:
First. Upon acceptance of the conditions hereinafter
expressed and embodient of the same in the form of a judgement
and decree, the City of Lodi will consent that the Pacific Gas
and Electric Company a.opropriate, store and utilize the waters
of the Porth Fork of the 1:okelumne River and its tributaries
involved in the power projects -of said corporation covered by
'"later Division permits numbered 2100, 2101, 2102, 3188, 3189,
3190, 3303 and 3452 to the extent authorized by said permits,
except as herein modified.
Second: :he Pacific Gas and Electric Company shall mein
tain the sc edule of water releases provided for in the judge-
ment of the Superior Court of Calaveras County in case number -
1591, in which Colorado :ower Company, predecessor in interest
of City of Lodi, is plaintiff and Pacific gas and Electric
Company is defendant, and the water released from the tailrace
of the Electra plant in conformity with the said schedule shall
be adjudicated to be a part of the flow of the Mokelumne River
subject to the same riparian rights, appropriative rights, and
overlying landowners' rights as would characterize such water
in its unregulated condition.
Third. The City of Lodi will consent to the operation
of the project of the East Bay Linicipal Utility District to
the extent covered by Water Division permits numbered 2459,
2529, 3587 and 3607, involving a diversion into storage of
217,000 acre feet of water per annum for municipal purposes,
a direct progressive diversion of 310 secmnd feet of water from
the Mokelum_ne River at Pardee Dam to the East Bay cities for
domestic and municipal uses, and a diversion into storage of
317,000 acre feet of seater per annum, and a direct diversion
of 750 second feet of natural flow for generation of Bower at
Pardee Power -House, such'storage and diversions by the East
Bay Municipal Utility District to be subject to the mandatory
releases hereinafter specified.
Fourth. Pacific Gas and Electric Company and East Bay
::ur_icipai ?,'t7itg District shall jointly contribute to the cost
of construction of 40,000 acre feet of reservoir capacity at
the 11ehrtor_ Reservoir site on the i okelumne 'River. To that end
Pacific Gas and Electric Company will convey without charge
lands it now owns in said site to a Trustee to be designated
by the Court and the East Say 1;unicipal Utility District will
acouire `.he aiditional lands and easements necessary for the
construction and operation of five collapsible da:as, as here-
inafter described, and convey or cause the same to be conveyed
to said Trustee.
Fifth. Pacific gas and .Electric Company and East Bay
'.:=icipal Utility :)_,strict will construct or cause to be con-
structed, or will provide for .be construction in the channel
of t_^_? ._�o__alumre River between :;codbrid;^e Dam and 11herton Res-
ervoir site at points to be a?proved by the engineers of the
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COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL - - CITY OF LODI
(minutes o' Sept. 16,1932 -continued)
City of :.odi., of file collabsible dads, which, together With
_ said "a rton Reserwoir, will be operated and ^:.Qintained by the
rUstee for the purpose of ponding said stream and maintaining
a head of :eater V--icl will flush its c-annel and result in
_ percolation into the soil underlying the City of Lodi to an
amount of :rater equivalent to that :a ice: zould so percolate
under natural conditions.
Sixth. The East Bay .._unicipal District will release, and
shall— Judo went and decree herein be required to release
into `^e :.!o k-,larn.^e River at and below lard -3e Dam sufficient
':'later t0 :{3er _f lied the series of n3nds to be created by said
collapsible dems, and in _idition thereto, to release between
!to -ember first of each year and �_ay first of the follaring year'
at and below 'ardee Dam, 40,000 acre feet of water for storage
i__n said I erton Reservoir and subsequent use by said Trustee
in flus_^_111,? the channel of the :1oselumne River so as to maintain
normal rate of -ercolation into the adjacent soil; provided
t' -at the total amount of water required to be released in any
year for such purposes shall not exceed 140,000 acre feet, nor
shall credits for releases to fill said ponds, exclusive of
_ :erton Reservoir, be given at a sreater rate than 20,000 acre
feet per month.
Seventh. "'he division of the cost of said storage dam at
'_ehrton and of said collapsible dams for ponding purposes,
between the defendants cast Bay Lunicipal Utility District. -and
Pacific Sas and Electric Conpany shall be determined by the
_ Court and provision shall be c+ade by decree for deposit with
the "rustee designated by the Court of 00661,600.00 to be in -
j v=stad in bonds yeilding 4i return; the fund so created and
interest to be used by said =rustee as needed, to pay for the
cost of constructing said i.iehrton Reservoirand five collapsible
dams over a period of forty years and for the continued oper-
ation, maintenance and replacement of said dams.
Eizhth. Said judgement and decree shall provide that if
the de— endants, East Bay _11u icipal Utility District and Pacific
Gas and Electric Company, fail to make any of said minimum
:dater releases required or to contribute the porportionate part
allocated to them respectively by the Court, of said cost, then,
and in such event, the defendant or defendants failing to comply
with such terms shall stand enjoined -from further interference
with the percolation of the waters of the `okelumne River into
and underileath the lands of the City of Lodi in which the w&lls
serving its municipal water su9ply are driven.
I�ir_th. -the Court shall retain jurisdiction of this case
for the purpose of appointing and designating a Trastee and
reM071n_1 or substituting Trustees, as the occasion may require,
to carry out the provisions of said decree hereinbefore enumer-
ated, and in t'r-e event that any dispute arises between the .
parties in the administration of .financing of said plan,'.the
Court shall reserve jurisdi0tion to determine such controversy
upon hearing and notice if and when the same arises.
- - - 0 - - - - - - - -
f--raaoin? Resolution No. 059 was thereupon adopted by
the f0110,Tin5-70te .
WYE'S: Oouncilmen, ,'ieihe, Keagle, Clark, Spooner
:t0E3: Courcilmen, Bone.
.L.33 !; : Councilman, Steele.
-o further business aoge pin" the Council adjourned on
mot -ion of CO;lnC112?:a�1 �:.eihe.
V i ty Olerk