HomeMy WebLinkAboutMinutes - March 16, 1999 SS218
CITY OF LODI
INFORMAL INFORMATIONAL MEETING
"SHIRTSLEEVE" SESSION
CARNEGIE FORUM
305 W. PINE STREET
TUESDAY, MARCH 16,1999
An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday,
March 16, 1999 commencing at 7:00 a.m.
ROLL CALL
Present: Council Members — Nakanishi and Land (Mayor)
Absent: Council Members — Hitchcock, Mann and Pennino
Also Present: City Manager Flynn, Deputy City Manager Keeler, Public Works Director Prima, City
Attorney Hays and City Clerk Reimche
Also present in the audience was a representative from the Lodi News Sentinel and The Record.
TOPIC(S)
1. Water Supply Update
ADJOURNMENT
No action was taken by the City Council. The meeting was adjourned at approximately 8:30 a.m.
ATTEST:
R..e
Alice M. ftei i�the
City Clerk
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COUNCILCITY OF LODI • •
4</FOAM
AGENDA TITLE: Water Supply Update
MEETING DATE: March 16, 1999 (Shirtsleeve Session)
PREPARED BY: Public Works Director
RECOMMENDED ACTION: None — Information only.
BACKGROUND INFORMATION: City staff and staff from other water agencies will be presenting an
overview of water issues in San Joaquin County along with some
specific items for future City Council action. The tentative
presentation outline and presenters are as follows:
Introduction Richard Prima_ Overview of main problem — groundwater depletion
Introduction of participants
San Joaquin Co. John Pulver Major County -wide issues
Organizations involved
Recent Board actions and policies
American River water rights filing
East SJ Parties Anthony Saracino Activities of ESJPWA
Overview of groundwater management
City of Lodi Richard Prima Amendment to ESJPWA Memorandum of Understanding
Water Supply Master Plan
Coordination with Wastewater Treatment Master Plan
Cost issues
Questions/Comments
z'j�
Richard C. Prima, J .
Public Works Director
Attachments
RCP/lm
cc: Water/Wastewater Superintendent
John Pulver, San Joaquin County Water Resources Coordinator
Anthony Saracino, ESJPWA Executive Director
Bob Johnson, Water Advisory Commission representative
Lodi District Chamber of Commerce
San Joaquin Council of Governments
Tony Goehring, Economic Development Coordinator
Rad Bartlam, Community Development Director
APPROVED:
H. Dixon Flynn -- City Manager
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1999 SAN JOAQUIN COUNTY WATER ISSUES
Institutional Issues
In San Joaquin County, there are 17 water districts, seven cities, 54 reclamation
districts, 26 county service areas dealing with water, and the County. To find uniform
positions among these entities still remains a significant challenge in dealing with
water issucs in San Joaquin County.
Groundwater Management
Groundwater management means a coordinated use of surface water and groundwater
to meet the public need. In addition to the institutional issues involved, there
is a lack of adequate scientific information regarding groundwater. Groundwater
management will include the tasks to identify the supplemental source of surface
water to offset the shortage of groundwater, particularly on the east side of the
County.
Proiect Financing
All aspects of developing an adequate water sapply will require significant
expenditures to achieve the resolve. Cost items include; additional studies and
analyses, environmental studies, public information and project financing.
State Nater Resources Control Deard Issues
The State Water Resources Control Board is currently in a process to obtain the
water supplies necessary to meet Delta water quality standards. The hearings affect
all watcr sources within the State. Considerable effort is being put forward to clisure
that not only County water supplies, but County water quality is protected.
C,NL>FFD
The CALFED is a coalition of State and Federal agencies that fire mandated by the
Secretary of the Interior and the {governor of California to "fix" the Delta.
Sianiticant funding, from bath State and Federal sources, has been made available to
implement projects which will restore the ecological health of the Delta. As much of
the Delta is within San Joaquin County, these efforts and issucs will have a large
impact on meeting lono term water needs for San Joaquin County.
we:.1c :vrn ass
COMMON ORGANIZATION'S AND
ISSUES RELATED'TO WATER RESOURCESIi'LOOD CONTROL ACTIVITIES
FEBRUARY 8, 1999
Advisory Walcr Commission (AWC) - A 19 -member Board -appointed Commission that represents
all water management entities, Cities, an at -large member, representative of Fish and Wild i.ilc
interests and a member of the Board of Supervisors.
San Joaquin County Staff Water and Flood Control. Coordinating Committee (COORD. COIN -1.) -
This is a meeting of the staff of agencies included in the Advisory Watcr Commission and other
interested parties. Its purpose is to identify issues of Coutttywide concern and, if necessary, bring
the issues to the Advisory `Vater Commission for recommendations on policy issues.
Board hater Committee (BWC) - A Board of Supervisors appointed Committee, including
two members of the Board of Supervisors, which meets to consider issues to be brought to the
Board and to obtain inforniation inn current water resourceslflood control issues.
East San Joaquin Parties !'Vater Authority (ESJI'WA) - An organization of seven San Joaquin
County governmental organizations in the northeastern part of the County. Their mission is to develop
a joint project with Fast Bay Municipal Utilities District and other water planning issues. The
governmental organizations are Woodbridge inigation District, forth Sart Joaquin Watcr Conservation
District, the City of Lodi, the City of Stockton, Stockton Fast Water District, Central Sail Joaquin
Water Conservation District and the San Joaquin County Flood Control and Water Conservation
District.
San .Ioaquin Area Flood Control Agency (SJAFCA) - A joint powers authority of the City of
Stockton, San Joaquin County and the Flood Control and Water Conservation District, It has a
four -member Board, consisting of two members of the Board of Supervisors and two members of the
Stockton City Council. Its purpose is to complete the construction of additional flood control facilities
in the Stockton i%4etropolitan Area.
Flood Control and Water Conservation District (FC&WCD) - The Countynkidc District formed
under State law which is led by the Board of Supervisors.
,%lokelumnc River Watcr and Power Authority (v1RWFA) - An Authority formed by San Joaquin
County and the Flood Control and Water Conservation District. 'Che Authority's mission is to develop
water -related projects on the Mokclumc River.
Flood Control Zone 9 - A zone of benefit formed through the Mrthority of the FC&WCD and
approved by the voters for the purpose of maintenance of flood control facilities within the Zone.
The lone covers a large arca in the central part of l astern San Joaquin County.
Flood Control Zone 10 - A gone of benefit for the purpose of maintenance and flood control in
Northeastern San Joaquin County. The District hws been formed under the authority of the Flood
Control and Water Conservation District.
Reclamation District No. 17 (RD 17) - RD 17 is responsible for levees pru(ectint the arca south of
Stockton along the San Joaquin liver. The area includes Weston Ranch, the County hospital and jail
facilities, and areas to the south. The County, under contract, provides levee maintenance services to
RD 17.
Water Investigation Zone 2 (NVIZ 2) - Water Investigation 'Lone 2 is a Countywide zone of the
Hood Control District. funds from the "Lone are used for water resources coordination, special studies
and investigation. 1 -he Zone expires on June 30, 2000.
County Water Policy -'Elie County Water Policy has provided the foundation of agreement anluno
the varied water interests within the County.
Water Implementation Plan - The Water Implementation Plan is an outline procedure that defines
tasks necessary to implement the County Water Policy.
CALFED - A consortium of five State agencies and five Federal agencies with management and
regulatory responsibility in the San Francisco Bay -Sacramento -San Joaquin Delta. CALI:FD was
established to develop a long-term solution to resolve problems affecting the Bay Delta.
Department of Water Resources (DWR) - The Department of Water Resources is the primary
State agency involved in Statewide water planning and the operation of the State Nater Project.
State Water Project (SWP) - The State Water Project is primarily the California aqueduct with
numerous other State storage and distribution facilities.
State Water Resources Control Board (State Board) - This Board is a quasi-judicial Board who has
authority for the allocation of water and the enforcement of water management issues.
Regional Nater Quality Control Board - There are nine Statewide Regional Boards who have the
responsibility to enforce regulations related to the maintenance of water quality in the waters within the
State of California. San Joaquin County is in the Central Valley region.
Corps of Engineers (COE) - The COL- is the primary f=ederal agency involved in the construction,
maintenance and provision of emergency services for flood control facilities. The COF is also
responsible for the enforcement of some Federal water quality regulations.
United States Bureau of Reclamation (USBR) -The USI1R is the primary Federal agency involvt!J
in conveying and providing water to the Central Valley Project customers.
Central Valley Project (CVP) - The CVP is the Federal water conveyance and storage facilities
designed to meet Federal watcr dcli%'cry Contract.
Federal I:;mcrgency Minaacment Agency (FEMA) - The FFMA is an agency responsible for setting
standards regarding flood protection and for administration and enforcement of the National blood
Insurance Program.
Federal Energy Regulatory Commission (FERC) - This Commission issues a license for hydraulic
facilities which generate power. As part of the license issuance, downstream flows are established.
Environmental Protection Agency (EPA) -'phis is the Federal agency which administers federal
law regarding water quality requirements. The EPA sets standards for all waterways within the
l;nited States.
California Department of l? tsh and Game - This is the State agency which has the responsibility to
protect fisheries within the water of the State of Calilbrnia. That responsibility is extended to include
flow and water quality requirements.
U.S. Fish and Wildlife Service - This is the Federal agency which is a counterpart of the California
Department of Fish and C,amc. -
San Luis and Dclta-Meudota Water Authority - An organization of eater customers of'the [mined
States Bureau of Rechunation that takes water from the San Luis and Dclta :Mendota Canal. The
San Joaquin County office is located at the Fedcral'I racy [lumping Piattt and the Water District in
San Joaquin County, and the City of Tracy is a part of this Authority.
National Marine Fisheries Service (NMrS) - A Fcdi:ral agency which deals with fishery issues.
Primarily responsible for the uccan fisheries.
DeltaKeeper - A private organization independently funded, which is dedicated to the tnaintenance of
water quality in the Delta.
State Recinmation Board - This iS OIC'State Board appointed by the governor,which generally acts
as the local sponsor of Federal projects and has regulatory authority over decisions made regarding
impacts on project chaimels.
N1okelumne River association -A non-political association c,l'interest and agencies which are
responsible for water matter rLlated to the Mokelunine River.
-3-
i ..
AB 3030
GROUND WATER MANAGEMENT
MANUAL
ELEMENTS OF A
GROUND WATER
MANAGEMENT PLAN
Produced by:
Ground Water Committee
Association of California Water Agencies
MARCH 1994
1
AB 3030
THE GROUND WATER MANAGEMENT ACT
GROUND WATER MANAGEMENT PLAN ELEMENTS
AB 3030, the Ground Water Management Act, authored by Caiifornia State Assemblyman
Jim Costa (D -Fresno) and signed into law in 1992, lists 12 components that may be included
in a ground water management plan. Each component would play some role in evaluating or
operating a ground water basin so that ground water can be managed to maximize the total
water supply while protecting ground water quality.
Department of Water Resources' Bulletin 118-80 (pg. 9) defines ground water basin
management as including planned use of the ground water basin yield, storage space,
transmission capability, and water in storage. Ground water basin management includes;
(1) protection of natural recharge and use of intentional recharge;
(2) planned variation in amount and location of pumping over time;
(3) use of ground water storage conjunctively with surface water from local
and imported sources; and,
(4) protection and planned maintenance of ground water quality.
The 12 components listed in Section 10753.7 of the Ground Water Management Act (AB
3030) form a basic list of data collection and operation of facilities that may be undertaken by
an agency operating under this act.
Data collection will provide information to evaluate the water resources in the basin within
the boundaries of the district. The construction of facilities will allow operation of the basin
to protect ground water quality and to maximize the water supply by means of recharge of
surface water and extraction of ground water at appropriate times and locations.
Specific comments about each of the 12 items listed in Section 10753.7 are included in the
discussion that follows. For specific information about any issue, contact the Association of
California Water Agencies, the California State Water Resources Control Board, the U.S.
Environmental Protection Agency, or the California Department of Water Resources. Names
and telephone numbers of appropriate experts are listed at the end of each discussion.
GROUNDWATER MANAGEMENT PLAN ELEMENTS
AS SET FORTH IN AB 3030
10753.7 A groundwater management plan may include components
relating to all of the following:
a) The control of saline water intrusion.
b) Identification and management of wellhead protection areas and recharge
areas.
c) Regulation of the migration of contaminated groundwater.
d) The administration of a well abandonment and well destruction program.
e) Mitigation of conditions of overdraft.
f) Replenishment of groundwater extracted by water producers.
g) Monitoring of groundwater levels and storage.
h) Facilitating conjunctive use operations.
i) Identification of well construction policies.
j) The construction and operation by the local agency of groundwater
contamination cleanup, recharge, storage, conservation, water recycling, and
extraction projects.
k) The development of relationships with state and federal regulatory agencies.
1) The review of land use plans and coordination with land use planning
agencies to assess activities which create a reasonable risk of groundwater
contamination.
3
SUMMARY OF SUPPLY OPTIONS
(Subcategories, i.e. "A1 ",are for categorization only and do not represent a ranking of any kind)
CATEGORY A - MORE FROM CONSERVATION
Al: Keep -up Successful Water Conservation Program
• Continue enforcement measures
A2: Expand Public Information Program
• More education for general public
• More education for agriculture
• More in -school education
• More education on:
=:> plants
sprinkler systems (including- timers)
xeriscape landscaping
• Focus on large users, i.e. restaurants
• Refer customers to others that demonstrate lower water use
A3: Expand Promotional Programs
• Offer free residential audits
=:> mandatory, if City thinks there are leaks or wastes
=!> voluntary, if owner requests it
• Offer rebates for residential upgrades to low flow toilets
c
• Offer commercial/industrial water audits
=> customers should pay for the program
• Develop financial support programs to allow public customers (parks, schools, etc.) to retrofit
facilities with water conserving hardware
A4: Expand Water Meter Program
• Options:
=--> institute a volunteer meter program (not a mandatory one)
meters for all uses
_ meters for luxury water users (i.e. pool owners)
=> meters on all remaining commercial facilities
meters for all new connections
add meters when -pipes are replaced for older homes or when service lines are replaced
add meters at time of sale for residential, commercial and industrial customers
• Water rates should be based on usage
have a base rate and a surcharge for flagrant water wasters
A5: Continually Evaluate Internal City Overations for Additional Conservation Potential
• Frequency of fire hydrant flushing
• Leak detection and repairs of City pipelines
Lodi Water Supply Workshop July 26, 1998
Summary of Supply Options I Summary2.doc
CATEGORY B - RECLAMATION / RECYCLING
BI: Consider Use of Graywater
• Evaluate onsite use for irrigation
Provide incentives for
=> providing graywater systems with new residential, commercial and industrial construction
=> retrofitting older homes and facilities with graywater systems
132• Consider Use of Reclaimed Municipal Wastewater
• Evaluate a dual water system for the City
• Evaluate sending treated wastewater back to town
• Evaluate constructing one or more water stripping plants (wastewater treatment plants) in town
• Irrigate parks, schools, golf courses, median strips
• Use for construction water
C
Definitions
Graywater: Wastewater from sinks, showers, dishwashers, clothes washers, etc. Graywater does not
include wastewater from garbage disposals, toilets or urinals.
Reclaimed (Recycled) Municipal Wastewater: Recycled water is the treated product of a municipal
wastewater treatment facility, which includes all treated domestic wastewater.
Lodi Water Supply Workshop July 26, 1998
Summary of Supply Options 2 Summary2.doc
CATEGORY C - LOCAL SUPPLY OPTIONS
Cl: Work With Agriculture to Reduce Groundwater Use
• Support irrigation district increase use of surface water to reduce pumping
• City and/or County should pay/provide incentives to farmers to look at alternatives to using
groundwater
• Purchase rights through a crop incentive program
• Develop a drip irrigation incentive for ag to promote surface water use
• Work with North San Joaquin Water Conservation District (NSJWCD) to promote ag users
converting to surface water since they are Northeast of City
• Financially support ag use of surface water
C2: Encourage Surface Water Use In General
• Promote infill and discourage urban sprawl
• City to insist on maintaining greenbelt between Stockton and Lodi, keep ag on surface water
• Save winter rain water and use for non -drinking purposes
• Prohibit the construction of lakes in new developments
C3: Consider Groundwater Recharge
• Use stormwater for recharge
• Use river flood flows for recharge
• Keep Lodi Lake full year-round for recharge
• Develop a recharge program
=:�- inject water in wells or percolate in basins
=* in City and surrounding area
• Recharge facilities around the City using Woodbridge Irrigation District (WED) water
C4: Make Effective Use of WID Water
• New Woodbridge Dam
• Use WID water for parks (Lodi Lake, Beckman Parks, Peterson Park and others that are located
within a reasonable distance from WID facilities)
• Take Mallard Lake (Lakeshore subdivision) off of groundwater and require them to use WID
water primarily
C5: Acquire New Water Rights
• Obtain new sure water rights
=> Look to further away places to make claims on water (mountain counties, irrigation districts,
delta, etc.) to accommodate the City's future needs
=> Look to nearbv irrigation districts to obtain water rights to accommodate the City's future
needs
• Aggressively pursue getting East Bay Municipal Utility District (EBMUD) pipeline water from
other areas
• Acquire water rights from WID as land is annexed
• Mini dams on the Mokelumne River
Lodi Water supply Work -shop July 26, 1998
Summ-y of Supply options 3 Summary1doc
CATEGORY D - BASIN -WIDE SUPPLY OPTIONS
DI: Work With Agriculture to Reduce Groundwater Use
• Work with NSJWCD
=:> District could store water underground
=> District has surplus water rights
Joint projects with irrigation districts
D2: Encourase Surface Water Use In General
• Toughen growth & water restrictions
e Construct holding basins or reservoirs to store available surface water
D3: Consider Groundwater Recharge
• All entities in the County should be going after water rights and evaluating recharge options
D4: Acquire New Water Rights -
• Mini dams on Mokelumne River for diversion use
D5: Become Part of Other Aeencies' Proiects
Support increasing size of Pardee and constructing Auburn Dam for storage
• Work with EBMUD or work independently to make better use of Mokelumne River flows
• Pursue American River water from EBMUD's planned pipeline for recharge
• Regional dual water system to make use of drinking water and treated wastewater
• Bring Delta water to the City
=> need a treatment plant and pipeline
• Build water fund for future water supply and treatment projects
Lodi Water Supply Workshop July 26, 1998
Summary of Supply Options 4 Summary1doc
Composition of City Demand
Industrial
Parks 4.7%
Commercial/
Institutional 12.9%
Multi -Family
;idential 14.5%
Single Family
Residential 57.8%
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City of Lodi, Public Works Department
City of Lodi's Water Conservation Program Benefits
(Condensed from a study reported to the Lodi City Council August 12, 1993.)
History
The City of Lodi's Water Conservation Ordinance and Program have been in effect since 1977. This is
one of the few conservation programs in the Valley that has remained continuously in effect.
School Education Program
The popular Water Science Educational Program was introduced to Lodi elementary schools in 1986.
This program supplements and advances Lodi's total effort to conserve water with science
demonstrations/presentations taught in public and private elementary classrooms with the objective of
teaching water awareness and water conservation techniques. 263 classes were given inl998.
Effectiveness of Program
To more accurately determine the reduced water usage, Lodi was compared to three area communities
which had only voluntary or inconsistently enforced water conservation regulations, and also had reliable
water use data going back to 1980 through 1993.
The averages of these three communities were used to determine a "background level" of water use
reductions due to drought publicity and minimal water conservation efforts. It should be kept in mind that
Lodi probably started at a lower water use rate in 1980 than the other three communities due to Lodi's
already existing water conservation efforts. The reductions in water use for the three area communities
were averaged then subtracted from Lodi's total water savings. This results in a net saving of 3.52 billion
gallons since 1980 or 293 million gallons per year.
Pumping Savings
The most direct conservation cost saving was in electrical costs. The 1992-93 electrical cost of pumping
water in Lodi was approximately $115 per million gallons. Therefore, from 1980 through 1992 electrical
cost savings alone totaled $404,856. Other cost savings (not quantified) include decreased maintenance,
repair, and replacement costs to wells, pumps, and motors. The cost of the entire Water Conservation
Program, adjusted to 1993 dollars from 1979-80 through 1991-92, totaled only $210,342.
Reduced Number of Wells Needed
A well costs up to $500,000 to explore, test, drill, develop, equip, and lay water mains to the distribution
system (this does not include treatment costs). The 1976 and 1990 water master plans had Lodi needing
approximately 26 wells with a population of 54,000. The City of Lodi has been meeting the water
demands in Lodi with a total of 24 wells (22 active and 2 standby) at a population of 55,000. Therefore, if
the City required the 26 wells as projected in the 1976 and 1990 water master plans there would be at
least two additional wells needed at this time. At today's cost, that would be up to $1,000,000 (without
any treatment). Abandoning water conservation efforts only delay these expenditures.
Wastewater Treatment Savinqs
Another significant benefit of the citizens of Lodi's water conservation efforts has been the reduction of
wastewater flows. These calculations show savings of nearly $240,000 from 1987 through 1992. More
significant is the effect on treatment plant capacity. Reduced wastewater flows may extend the life of the
most recent $10,000,000 expansion two to four years.
H:\FRB\WINWORD\FRANKIWATERCON\Con Ben S=99.doc
1999 SAN JOAQUIN COUNTY WATER ISSUES
Institutional Issues
In San Joaquin County, there are 17 water districts, seven cities, 54 reclamation
districts, 26 county service areas dealing with water, and the County. To find uniform
positions among these entities still remains a significant challenge in dealing with
water issues in San Joaquin County.
Groundwater Mana$cment
Groundwater management means a coordinated use of surface water and groundwater
to meet the public need. In addition to the institutional issues involved, there
is a lack of adequate scientific information regarding groundwater. Groundwater
management will include the tasks to identify the supplemental source of surface
water to offset the shortage of groundwater, particularly on the east side of the
County.
Proiect FinancinE
All aspects of developing an adequate water supply will require significant
expenditures to achieve the resolve. Cost items include; additional studies and
analyses, environmental studies, public information and project financing.
State Water Resources Control Board Issues
The State Water Resources Control Board is currently in a process to obtain the
water supplies necessary to meet Delta water quality standards. The hearings affect
all water sources within the State. Considerable effort is being put forward to ensure
that not only County water supplies, but County water quality is protected.
CALFFD
The CALFFD is a coalition of State and Fedcral agencies that arc mandated by the
Secretary of the Interior and the Governor of California to "fLK" the Delta.
Significant funding, from both State and Federal sources, has been made available to
implement projects which will restore the ecological health of the Oclta. As touch of
the Delta is within San Joaquin County, these efforts and issues will have a large
impact on meeting long term water needs for San Joaquin County.
ww_VC u-T'.l as
COMMON ORGAN I ZATIONIS AND
iSSUFS RYLATUYTO WATIER RESOURCESIFLOOD CON'. rROL ACTIVITIFS
FE BRUARY 8, 1999
Advisory WaferCommission (AWQ - A I -nwmbcr Board -appointed Commission that represents
I at-largr, nicinber, mprfsentakiv of Fish a d Wil i
all water managernew emilics, pities, 4� S 11 Wild I fic
interests and a 1"Cinber of the Board of Supervisors.
Sate ,loaquin County Suff Watcr and flood on ref Coordinating Comiuittee (COORD. COM) -
-Mis ii a mcetiiig of die staff of agencies imiuded in the Advisory Walcr Commission and offier
italea ted partics. Ttg purpose is to identify issues of Countywidc concera and, if necessary, bring
the issues to the Advisory Water Coninussion for recommendatloyls, on policy issues.
Hoard Water Comrnilftv (BWQ - A Board of Supervisors appointcd Committeel. including
two members of the Board of Supervisors, 1ii(J) meas to consider issues to bt brought to the
Beard and to obtain infom)afiop i m current water resources/flood Qontrol issum
East San JoaqiAia Parties NVatjQr Authority (ESJPWA) - An organization ofs-eve'll San Joaquin
County govtrnnicnt al organizations in the northeastern part of the Countye Theirmission iq to develop
ajoint project with Fast Bay Municipal Utilities District and odder water plaraiing issucs, The
govertuiientaf organizations are Woodbridge Irrigation District, North San Joaquin Water CorisQEvation
District, ibe City of Lodi, the City of Stockton, Stockton Past Water Distsict, Ctmral San Joaquin
Water Consenation District and the San Toaquin County Flood Control and Water Con5ervation
Dlsuim
San Jwllquin Area Flood Control Agency (SJAFCA) - A joinT powors auLl-lority of the City €3f
Stockton, San Joaqi)in Cowity and the Flood Control and Water Con,,ervatiorw District. It hasa
four-mcmber Board, ;,
' onsisting of two members oB
f the oad of Supervisors and two mcmbeys of Elie
Stockton City Cuun-61, Its 1)urpose is to complete thQ constniction of additiori-at flood control facilities
in the Stockton Mettopolitan Area.
Flood Control and Water Conservadou District (FC&WCD) - The Countywide Oistrict formed
order Slam law to ch is 1,:d by the Board Of SUJ)UViWTS,
Mokelurnric River Water and Powcr Authority (MRNYPA) - An Authority formed by Sana Joaquin
Cowity and the Flood Cmilrol acid Water Canscrvation District, The Authority's mission is to doveloP
water-reiatod projects on the XfQkclunw� River,
Flood Control Zone 9 - A zone of benefit formed through the authorityof the FC:`. WC and
approved by the voteni. for the purposc, of rnaimenance of (lood control facififies Nvillih, the 7taa1e.
Tho Ione covc-5 a large area in the central pan of Fastcra San Joaquin Counly.
Flood Control on 10 - A 4011C OfbeMfit for the purpose ofniaintrnance wid flood contrO in
Nonheaslern S411 Joaquin Counly. The Distr4;t. has been forrocd undcr the ;authority of the Flood
Control anj wats�r Conservation District,
ReiHamafion District No, 17 (RD 17) - RD 17 is VC13polUilb[C for levti�s plutWilig LhC w7Ci South of
Siockion along the laza Joaquin River. I'he area Includes Wt�stpn Ranch, the County Hospital and jail
facilities, and areas to the south, The County, ,eider contract, provides levet, maintenance services to
RD 17.
Water Investigation Zone 2 (WIZ 2) - Water Investigation 4onc 2 is Lt Cotwtywidc zone of 1130
Flood Control District, I'imds from the one ars used for waicr Testa irces coordination, special studies
and investigation. the Zone expir" on June 30, 200
County Water Policy �The Courtty Water Policy has provided the foundation of agreenicat among
Thtu vied waterin(erws within dle County.
Water Implemenfation P13n - The Water Niplementation Man is an outlinc procedure that defines
tasks aer-essary to implement the County Water Policy.
CALFED - A cunsortivm of five Statc agencies and fiveFcdaral agencies with mana9cment and
regulatory responsibility in the San Francisco Bay -Sacramento -San Joaquin Delta, CALFE'D was
I
established To develnp a long-term solution to msolve problems affwing the Bay Dclta.
Department of Water Regourco (DWR) - The Department of Water Rcsources is the primary
Statc agency involved in Statewido water play rng and the operation of the Stag W;itcr project
Slate Water Project (SWP) - The Stag Water Pr(�Jmt is priu-taffly air, California miucduct with
iiurnerous other Stau, strata and distribution rhoilitie's,
State, Water Resources Control Board (State Board) - This Board is a ql)asi-judicial'Bu and who 11,15
authority for the allocation of water incl the enforcement of water inxiagement issws.
Regional Water Ounlity Conti ol Board - There are nine Slatcwide Regional Boards %V110 have tile
re-sponsibi)jty to elaforce regulations related to flic of water quality in the wat.Qy-s witEn The
Statz OrCalifomia. San Joaquin Counly is in the Central Valley region,
Corps ofE agincers (COE) -The COC is the primuy FtdcTal agency involved in thQ 1ons-lruction,
gnaimenam:e alld pmvision of enicrgency ser-.,;ce& for flood control faelhtics. The COC is also
Y�,,spoxv6hle for dic �n)fbrcenient of sonic Frdcral water quality regulations,
United StatcN Bureau of RvOaivatiot (USDR) -Thtz USIAR, is the primary Federal',igency involved
iii convcying and providing watet, to dic Contra) VaflcY Project
centrill Valley Project (CVP) - The CVP is the Federal water conveyaoce and stomgc facilities
designcd to meet Fcdcral vvawr k1clivery colitract.
M
Vele a I-oncrge tcy Managment e ncyEMA.) - The FFMA is zmag.cncy resp.€ nsibJu for seffin
sw ndarcl.s regardiag flood protection mid for admitii:"tt-£alon and MforMlIeiit tit' he National Hood
Insi.trame Prsaga°ataa.
Federal Energy Regolmory Commission ;MI CA - This Commission issues a 11€aewse for hydraulic
1111ihtios whic:la genexatc power. As part of the hj` e se i',SLUITICi, i-iownstrelani Paws are csta lishe.d_
tf ir€a trt rtt l 'car .ei rrAgency (EPA) _ "llnis is tl Fcdvnd agency which adn)inisters Fcdcral
lase rcgarding water quality r .tduircmcttts. The EPA ., tr, standards for all vvawi°w ays within the
1_ trait sl ,lilies,
California Depiminient offish is and Fume - This is this Statc aage ncy which has the respc n'..;I ?idi ty to
protcrt fisheries Willi in the water of the SIaLe of'C tlifiorziia, That at respcynsibility is axten dca to include
flow and watcr cltt,tlity recl.wKmenta,
S- Fish and Wildlife Service - This is the Peroral -agc cy which is a uou tc.cpart ofthe Caiitbruia
Dcpgartment Of Fish, and Oan-10,
Sin Luis and Dclta.-Mendota Water Authority - An organization of water customers of the Lttniwd
slaleN Bureau ofReclamation that talcs water from the San Luis and Delta -Meadow Canal, Vic
San Joaquin County office is locawd at the F€ndoral Tracy Pumping Plant and the Watcz Dlstric;t its
Sari 'lo aqui nourityg'7tid tlaC City gid° Tracy is a part of tkai� Aastlmr!ty,
National Ktriinc Fisheries Service ( F ) - A Fedcral gciwy vv3 icb deals with tis-h€^ry issnaes_
Primarily responsible for the occau fisheries,
DehaKe per - A privatc orgaanizatioa itadepcndcntly tii€ de d„ whicit is dedicatcd to the maxtitemmecn of
,,vatcr quality in the Delm
St -ate la tictt .. €ci ®"£11i is tlnc Stme Board appointed by the governor, which gcn(�rally acts
€Jl loo a1 5tacsa sor OrF doral pr'sijmts and Inas regulaaLory authority over do r:isk)vs made, rcgm ming
itnlpaacta Oil project Cl1,3tnt165.
N-Tokulumne River Association - A anon -political association ol`isitmst and al"ertcirs which ars:
responsible for water 'niatt r rolawd to t1at: Mokelumne River.
w
yOF�
�', 00
MEMORANDUM
4<JFOR�
TO:
Honorable Mayor and
Lodi City Council Members
FROM:
Alice M. Reimche
City Clerk
DATE:
March 17, 1999
SUBJECT:
1932 'Water Fight'
This subject came up at the March 16, 1999 shirtsleeve session during the water supply update
discussion. I thought you might be interested in some basic information and a recap of this
incident.
AMR/JLT
cc: Public Works Director Prima
t
MEMORANDUM, City of Lodi, Public Works Department
TO: City Manager
FROM: Public Works Director
DATE: August 4, 1977
SUBJECT: 1932 "Water Fight"
At the reaular Council meeting of July 20, 1977, as part of the review of the "Water
System Analysis and Master Plan Reevaluation," it appeared that some members of the
City Council were not familiar with the 1932 water fight. The purpose of this memo is
to inform them of this lawsuit, since it is not discussed in detail in the Master Plan Re-
evaluation.
The attached "MEMORANDA ON JUDGMENT AND DECREE, CITY OF LODI VS. EAST
BAY MUNICIPAL UTILITY DISTRICT" is a summary of the final judgment and decree which
was rendered March 17, 1938 in San Joaquin County Superior Court. This is the "legal
restriction" referred to in the Water System Analysis and Master Plan Reevaluation, pooes
1-1 and 5-1.
i
Very briefly, the "water fight," as it is called, was a suit brought by the City of Lodi
I against E.B.M.U.D. and P.G.& E. in the early 1930's. The complaint was essentially
that E.B.M.U.D.'s and P.G.& E.'s actions regulating the flour of the Mokelumne River
were detrimental to the City's water supply. The original suit was heard in 1932 and a
judgment and decree made in 1933 in Lodi's favor_ It was cppeoled to the California
Supreme Court, which ordered the Superior Court to rehear the case. The attached sum-
mary is based on this second trial.
As pointed out in Chapter 5 of the Water Plan, the adequacy of the City's water supply
is a topic much beyond the scope of the Report. If the City Council desires additional
information of this water fight, it is felt that this topic should be set for a future shirt-
sleeve session, and should not be discussed in detail of the shirtsleeve session -of August
9, 1977, at which time Trotter, Yoder & Associates will be reviewing the "Wafer System
Analysis and Master Plan Reevaluation."
It is recommended that this information be forwarded to the City Council prior to the
next shirtsleeve session.
Jac L. Ronsko
Public Works Director
Attachment
�•ti:r:•: J.'. r.. .. .. ..illi ._ .. _ A' % _-,!-C' uJ
n•.r
n T�
J. 1 L J!` :J!
• •PAL ,l n T'^ C T
Late of jud�,:�ent ;",'arch l?, 193�. This cecr <<: 1'n;:� ti:�:f.; ct:e
City of Lodi has a vest -.ed right to appropriate it► m-aximum of
b,GQG,OC'G Zallon.,: per bay, and acre feet per rear from wells
located iiithin an area slightly over b sq. mmiles. This area is
shown in blue on the attached `lap. Tnese 36DO acre feet -per year
is e uivalent to ar'. : ver _ _ ::,f 3,`rwUans per. Clay.
This ri.,ht is supei'_or to t'.•. e I'i � .t;, J- LhF 1-1=:ci_ is _'us aiid
Electric Comoany and file -astll } "iunicipal
except as follolfc.
I. The Pacific, Gas and Electric Co; an has a Trio; "
ri.,:t
t0 take. cn(- G7vo r 75 cubic _rcvtpC=GCO:G 01 - from t'f1B
Port: ior!: of the i o'..eluMrze o °,:i;ic'z not to exceec} 30 cubic -
per :rCCO:11i;iav cc coil'vay-e.d and disi:r'ibuto`' •tier ,,unicip- Ll, do-zestic
and other fi•.—net i.cial -uses in tI-C- Citit.: of Jac' --, on, Slitter Creak,-
and
reak,and in tneir vicinities."
I=. To tare am d di vert from t:ae 1 or th Fork o f the I.:oke1umne. .
river 135 cubic feet per second--anc? to convey said water and
dis::har.�e -thy.: sa ys into the so-called ; etty rorebay Reservoir,
trio Sz._id ,,iter in +he o: zr,:tion of the said Electra
ro?•ier Plant, .
IIT. The rigi?tS to sl.ore .,-aTLer iri seve.1 reservo-Ji. aTt0
use in tP.e o.�ar� ion of this ::.loctra ?o7 -ter Plant:
-1-
I". The decrce pecif id's ;1„?i_ u:1 releases to th c^. avain ..:tan:ial
of tj:e 1-%okelu' ne- Fiver, suci''i minimu::t releases d.e7en'Can upon th0
:22it1 rc'l -arn-ivai run-ofi Of ti2e ztrean—
The iust BBaly ;it iii y, %= Strict shall not be required
to take any s, ecus for the protection of Lodits water Supply unless
an rd unci.',. the st :1. tiC .round Saar level in Lodi Ts -t•:.lIs -:i thin
the U sq. imile area fulls to a point below sea level.- `f1.1 -i > Static
z-oartd water level shell be �.c certc_red b de` ,,e .•
,L y �er-�lninb the u 2r�_oe
level in wells within the area. b maasuremert.._ made d1=44 -m- the
.first ten days of January of each year. �'.han the static level
dhotis belowsea level for t::0 successive J?Lluo.z'yrS, tit°3 res7on:a� bili`j
*asses t0 ,tS.t' aSt 71-, i.Urti: i;);7.1 li�ilit;� irtriC'i.icOr tj e ITtaiL�-
tenance of Lodi t s priority. Lodi shall maintain its and
g(7I:iG :2 it% :i.n `Ootid Oi:Arc% ti condit;'Lon; anOL if it ? 3 unable LO Pump
wttf�:icient water of good r;u lity Co develop tete rights z•yferre�
'Go above, the East st T)a,v i Unlcipal Util_t�� �.? strict Si13ls ;supply
its o:','n expeA se the differor:cea between th- ctnount produced b”
Lod -l's we11.5 within the disurict a -rid in the amount decreed to the.
City by the court.
If -the Fast t=ay '!un 4 cilal Utility District fails to COM -ply
r:Tith these provisions, the decree re ;wires tdha district: to -:release
water into t;2P='�okelumne 'river from its stora_e faCil1t16S. The
F -201_111t the district shall release varies with -'Che u'a•.n-nuaZ rti-n-0,11T
n
a ` "" G3:.t 1
Of tf:^. �iOf2i:t`1,�e hiV�i', .S S'E:uJa11e^�.0. at the t:Ok81U�r;v ei2l!
Station: or annual x•urorfs loss than 25u,C-0'J acre feet per year
t'cis rclease shall be not less than 117,0CJO acre feet;_ for annual
r:nJf equal LO Or �;re.atC'r aha: C"}.00 OGv acre feet the raleasa
s(,sll
be not; lc:i,. tt1cl t j J t, i c1CrY, i Oct 1) r f-.: r, in addition LO
-2-
these releases the mast 'ap ?.?.:nicipal Util_ty District shall also
release i!cid.itional flot;;s for flushing the �o'Lelu�^:ze c�ha n—ne , T�:ese
flushing; discrar�rres are not require:. if the E•ast Bay
Utili,.p istrict elects to s,zp;:)ly- the -„ter required to ;;i'iro the
City of Lo-dit.. vlater u.-,) to the ca.moun: specified in t• la
` lie- 0':11;??tion of the East ':ay municipal UtIl.ity to
supply Such :leiter deficiencies or to make such releases from,
stora�,e as specified in the decree s'^,'.'?l not arise if the d_strict
establishes to the sat' sfsction o i th- e courr. i'that any . fall of the
static water leve'l. in. iJl.a inti f l ,,. -,ells b -,1-0 -1-i Said C?_';vsr
point o: sea lek el i:. ca_sa:.. u -r than
said C'cfendant Soa\ C llunicin3l Utility 1'1str_ct. j tindLr r= .t.t.s
which are junior in priority to thoss of st;id. defend—'ant'.
The East Jay . unicipal Utilit�' riser- �t h -.as tt._le right. to take
froit its Pardea Da:a 310 cub-;: feet per secoliG or a-PrOX-
imately 2'-'0,00t7,,CC?') a.-all.on ? -z-!r fid f . This is ey"i v alc-_t . 0
J� �. 0' `` re f 3P.�, ��r f2.1; J. ! 5'J ;23S C? C 2'irl t
approxio,atel ,
to_ ' L':.. _ '
wt��= UZVYie�i� t.c• ^.i T.... .�c :,i:: t•:),i �•i• and the r'i_L '.cennZ dv.f
of July a total of 217,0J"/ acre feet o-`' ':ia%: _ I'.'?!' 1:ne .`Osie"Lun;Le
River.
-3-
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No. 22,415
JUDGMENT AND DECREE
In the Superior Court of the State of
California, in and for the County of
San Joaquin.
CITY OF LODI, a municipal car por-
atioa, Plaintiff, vs., EAST Bal. MU-
`ICIPA. , UTILITY DISTRICT, a pub-
lic corporation, PACIFIC GAS -UND
ELECTRIC COMPANY, a corporation,
et al., Defendants.
The above entitled cause havin:
been duly and regularly tried before
the Court sitting without a Jury. a
Jury having be=en waived, and tha
Court having heretofore duly made
and sil-ned its dectsiou herein, com-
prising findings of fact and conclu-
sions of law, wherein and whereby
judgment and decree were awarded to
the plaintiff ai hereinafter set forth.
' Sow, therefore, in accordance with
said findings and conclusions, IT IS
1 HEREBY ORDERED, ADJUDGED
i
AND DECREED:
FIRST: That plalnfiff, City of Lodi,
a municipal corporation, by virtue of
its own appropriation and by virtue
of its prescriptive use as against the
claims of the overlying land owners iu
7 the Mokelumne basin, has a legal vest•
! ed right to appropriate, pump and di-
vert the waters percolating through
the water -bearing strata which under-
li-s said Mokelumne basin in the
Coun-ty of Ssn Joaquin. State of Californi2.
which basin Is fed by the waters of
j the Mokelumne River, to the eaten;
of a maximum diversion of 6,000:000
gal4Dns per day, and 3,600 acre feet
i per year; that it Is plaintiff's right to
take and divsrt such water through
Weill situate within the limits of said
City of Lodi and owned, leased or op -
erased by said plaintiff: that such
right of the plaintiff is prior in time
and superior in right to any claim of
appropri=tion that the defendants, or
either of them, have to waters of the
Nfokel_mne River, save and except the
t right of the defendant Pacific Gas and
Electric Company as specified in par-
a.
ar•
.graph Second her_of: that subject to
i said priorities of defendant Pacific
Gas and Electric Company, as set
fortis in paragraph Second of this De-
cree, the title of plaintiff to the ap-
propriative right hereinabove adjudg-
ed to b'- vested in it is hereby quieted
against bath defendants herein; that
the defendants and each or them are
I hereby prohibited and enjoined from
interrupting the flow of the Mokelum-
ne River in such a manner or to such
an extent as will prevent or interfere
i with an average annual replenishment
and percolation into the Lodi zrea
in said 'Mokelumne basin equivalent
to that which would occur under nat-
ural conditions, and in order to pro-
vide such an average annual perrola.
tion into said basin from the waters
of the Mokelumne River as would oc-
cur under natural conditions. and. in
order to avoid such interference, said
defendants are severally required to
regulate and release the fI•ow of said
'%Iok=elumne River as hereinafter pro-
vided.
SECOND: That as against plaintiff,
defendant Pacific Gas and Electric
Company has vested rights to store,
divert. release, regulate and use the
waters of the North Fork of the 31oke-
lumne River and its tributaries as par-
ticularly set forth in sub -paragraph
(D) of .paragraph III of the addttionai_
defense In its amended and supple-
mental answer, and also in paragraph
V of tate said additional defense, but
limited and restricted as specifically
found in paragraph XVII of the afore-
said findings of fact, which vested
rights, as so limited and restricted.
are more particularly described as fol-
lows:
(1) The right to take and divert
from the North Fork of the Nfoke-
lumne River 55 cubic fest per sec-
ond of the water naturally flow-
ing in said river at all times of
the y-e:r, augmented when neces-
sary in periods of loco flocs- by the
waters impounded in the reser-
voirs hereinafter in this paragraph
Second mentioned; to convey and
distribute so much of said coater
as may reasonably be required
(but not exceeding 30 cubic feet
per second thereof as a maximum)
for municipal, domestic and other
beneficial uses in the Cities _ of
Jackson. Sutter Creek. and in
their VICinitie9; to discharge the
residue of said water into U3 ;aid
Tabeaud Forebay Reservoir. and
to use said residue in the opera-
tion of its Electra Power Plant.
(2) The right to take and divert
from the North Fork of the Ntoke-
lumne River 135 cubic feet per
second of the water naturzlty
flowing In said river at all times
of the year, augmented when nec-
essary in periods of low flow by
the waters impounded in the said
reservoirs in this paragraph Sec- -
oud mentioned, and to convey said
waters and discharge the satne in- _
to the so-called Petty Forebay
Reservoir, and to use said waters
in the operation .of the said Elec-
tra Power Plant.
(3) The right to store and im-
pound at all times of the year the
Waters of the North Fork of the
Mokelumne River and its tribu-
taries in the foliovdag reservoirs
to their full capacities, and to use
the water so. stored for aug=ent-
i^_g the flow of the said North
Fork of the said river; and to use
said water in the operation of the
said Electra Power Plant, and fcr
distribution and We in Jackson.
Sutter Creek, and vicinity. to the
extent and for the uses aforesaid.
The said reservoirs and their ca-
pacities are as follows:
a. Upper Blue Lake Reser-
voir of a storage capacity of
7700 acre feet of water:
b. Lower Blue Lake Reser-
voir of a storage capacity of
43.40 acre feet of water:
c. Twin Lakes Reservoir of a
storage capacity of 1340 acre
feet of water;
d. Meadow Lake Reservoir of
a storage capacity of 6110 acre
feet of water;
e. Bear River Reservoir of a
storage capacity of 6712 acre
feet of water;
f. Tabeaud Forebay Reservoir
of a storage capacity of 1153
acre feet of water: and
Petty Forebay Reservoir of
a storage capacity of 12 acre
feet of water.
(4) The right (under the so-
called Jackson and Volcano Ditch
rights) to divert from Tier
Creek, Mill Creek. Antelope Creek
and Panther Creek. tributaries of
the worth Fork of the said Moke-
lumne River, all the waters of said
creeks at all times during the year
to the extent of a maximum flow
of 30 second feet of water, and to
use the said water for the genera-
tion of electric power at and
above the so-called Electra Power
House. .
That the rights of tate said defend-
ant Pacific Gas and Electric Company.
in this paragraph SECOND adjudi-
cated, ars prior in time and superior
to the rights of the plaintiff and the
said rights of said def -adapt are here-
by quieted against the plaintiff.
THIRD: Defendant Pacific Gas and
Electric Company is the owner of cer-
tain permits granted by the Divisioa
of Nater Rights. Department of Puh-
tic Works, of the State of California,
described in paragraph VI of the ad-
ditional defense of said defend=nt's
amended and supplemental answer, and
all rights existing under and by virtue
thereof, to appropriate the waters of
the North Fork of the llokelumn-z
River and its tributaries for use in
the generation of electric power, ana
also is the owner of the license grant-
ed by the Federal Power Commis:4=
described in paragraph VII of said
additional defense of said answer. De-
fendant Pacific Gas and Electric Com-
pany has and shall have, subject to
the conditions expressed in this para-
graph and in paragraph Fourth here-
of, the right, and is hereby obligated
and required so long as it maintain:;
and -or uses the Salt Springs and -or
Lower Bear River and -or Deer Valley
Reservoirs. (a) to impound and store,
each year during periods of flood and
high flow, in said Salt Springs Re:,-
ervoir, and in said proposed Lower
Bear River and Deer Valley Reser-
voirs, if and when constructed, so
much of the flood and seasonal high
waters flowing in said North Fork of
the lrokelumne River and its tributar-
les as may be necessary to fill said
reservoirs to their capacity: (b) by
means of outlets, control gates and
other works already provided at said
Salt Springs Reservoir, and to be pro-
vided at said Lower Bear River and
Deer Valley Reservoirs. if and when
o3nstructed. to releasa, each year dur-
ing periods of low flow, the craters
impounded and stored therein: (c)
by means of so impounding and stor-
ing water in, and releasing water
fora[. said reservoirs, to regulate the
flow of water in said North Fork so
that such water may be economically
and efficiently used for the operation
of said defendant's existing and pro-
posed electric power plants located on
said North Fork at and above Electra:
(d) to divert and use, when desired
by said defendant for the generation
of electric power at its said existing
and proposed power plants, so much
of the water flowing in said North
Fork, including water released front
its said Salt Springs Reservoir, and
from Lower Bear River and Deer
Valley Reservoirs, it and when con-
structed, as may be required for the
economical and efficient operation of
said power plants; and (e) to return
and discharge each year into the main
channel of the Mokelumne River at or
Above Electra all water diverted by
it from said North Fork, including the
water stored in all its existing and
proposed reservoirs, except only the
water to be conveyed to Jackson, Sut-
ter Creek, and their vicinity in the ex-
ercise of the water rights described
hereinabuve in paragraph Second, anti
except the carry-over storage of 20,000
acre feet hereinafter mentioned.
FOURTH: In exercising the rights
described In the foregoing paragraph
Third and complying with the oblig-,
tion imposed upon it by said para-
graph Third, defendant Pacific Gas
and Electric Company and its succes-
sor; in interest shall have the right.
and are her --by obligated and required
to observe and comply with the follow-
ing conditions, viz.:
1. In every year in which pre-
cipitation of rain and snow shall
equal or exceed the normal
amount, as defined below, said de-
fendant (a) shall never diminish
the quantity of water which would
naturally flow in said North Fork
of the Jlokelumne River at the
diversion dam for the proposed
Electra Conduit to less than a
daily average of 500 cubic feet p_r
second, by impounding or divert-
ing to storage any water in said
Salt Springs Reservoir or in said
proposed Lower Bear River Reser-
voir or in said proposed Deer Val-
Ity- Reservoir; and (b) whenever
conditions of storage and run-off
p_rmit, shall release front otte or
more of any of its aforesaid exist-
ing and proposed reser5airs a suf-
ficient quantity of water to make
the daily average flow at the di-
vtrsion dam for said Electra Con-
duit equal to at least 300 cubic
feet per second whenever the
quantity of water which would
then naturally be flowing in said
North Fork at said Diversion Dart
sltfll be less than a daily average
of 500 cubic feet per second; pra-
vided, however, that such release
of water from storage shall not re-
duce the aggregate quantity of
water stored in all said defend -
art's existing and proposed reser-
voirs to less than:
1121,000 acre feet at the end 'of
June
91.000 acre feat at the end of
July
56.000 acre feet at the end of
iagtl3t
58,000 acre feet at the end of
September
40,000 acre feet at the end of
October
.",0.000 acre feet at the end of
November
20.000 acre feet at the end of
December
10,000 acre feet at the end of
Jarman
lit even year in which pre-
cipitation of rain and snow shall
be les3 than the normal amount.
as defined below.. said defendant
(a) shall approximate, so nearly
as practicable. the standards of
operation specified in clauses 1
(a) and 1 (b) above; (b) shalt
never diminish the quantity of
Rater which would naturally flow
in said `Orth Fork of the Make-
lumne River at the diversion dam
for said Electra Conduit to less
than a daily average of 000 cubic
feet per second during the months
of May. June and July nor to less
than 200 cubic feet per second in
any other month, by imp)uading
or diverting to storage any water
in said Salt Springs Reservoir or
in said proposed Lower Bear Riv-
er Reservoir or in said proposed
Deer Valley Reservoir: (c) shall
release from one or more of all
its aforesaid existing and propos-.
ed reservoirs a sufficient quantity
of water to make the dally aver-
age flow at the diversion dam for
said Electra Conduit equal to at
ltasc 300 cubic feet per second
during the months of June. July,
:august and September, and at
least 200 cubic feet per second in
all other months, provided that
conditions of run-off and storage
will permit, and provided further
that the quantity of Rater stored
in all said reservoirs shall not be
reduced to less than 10,000 acre
feet before the end of January.
3. Said defendant shall return
and discharge into the [Hain chan-
nel of the Mokelumne River at or
above Electra each year. subject
to the provisos in clauses 1 (b)
and 2 (c) above, all nater stored
and to be stored by it in said Salt
Springs Reservoir. and in said
proposed Lower Bear River and
Deer Valley reservoirs, if and
when constructed, and shall before
the end of each year return and
discharge into said Mokelumne
River alt other water diverted by
it from said North Fork of the
Mokelumne River, except only the
water which shall he conveyed to
the Cities of Jackson, Sutter
Creek and their vicinities for ben-
eficial use in the exercise of the
water rights described in para-
graph Second hereof, and except
the carry-over storage specified
in Subdivision (1) of this para- .
graph.
(9) The amount of precipitation
shall, for the purpose of this para-
graph. be deemed to be normal
when the average of accumulated
seasonal precipitation as measur-
ed at [Vest Point and in the vicin-
ity of said Blue lakes is not less
than the equivalent of I3 Inches
cf nater by the end of January;
incites of water by the end of
February; °S inches of water by
th? end of March. 29 inches of
water by the end of April; and 30
inches of water by the end of
May. For determining the amount
of precipitation at West Point the
precipitation records as reported
by the United States Weather Bu-
reau Station for that place may be
used, and if for any reason the
United States heather Bureau
should discontinue such measure-
ments. then said defendant shall
stake them each year. Said de-
fendant is hereby directed t.J
sieasure accurately the preciptca-
tion in the vicinity of Blue Lakes;
provided that if. after- sufficient
records have been obtained. it
shall 2ppear that the measured
precipitation at some other station
on the Mokelumne River water-
shed or an adjacent watershed, or
the average precipitation at more
than one station on the lloke-
lt:mne River watershed or an ad-
jac--nt watLrshed, bears a definite
relation to the average of the pre-
cipit2don at Nest Point and Blue
Lakes, theft the measured precil..
!cation at the aforesaid station or
stations Wray be substftated for
the measured precipitation at
West Point and Blue fakes as a
means for determining when a
season It to be deemed normal
or subnormal within the meaning
of this paragraph Fourth. The
plaintiff and defendant East Bay
District shall be furnished with
copies of all records of measure-
ments and estimates of precipita-
tion and runoff made by said de-
fendant as rapidly as they are
completed, and shalt have the
right to inspect the measuring ap-
paratus used. The obligations im-
pos=d upon defendant Pacific Gas
and Electric Company under para.
, aph Fourth of this decree are
conditions attached to its . right
and title and that of its succes-
sors in interest to maintain and -or
use the Salt Springs, Lower Bear
River and Deer Valley Reservoirs,
or any of them, under the water
diversion and storage permits ap.
pertaining thereto, and shall not
be a oantinuing obligation upon
said defendant and/or its succes-
sors in interest it it or they should
abandon the ownership and oyer.
ation of said three reservoirs in
the future, and a sale or transfer
of said reservoirs and water rights
pertaining to the same shall re-
lieve the vendor or transferor of
such obligation and impose it up-
on the Vendee or transferee as
the case may be.
FIFTH: That the defendant Fast
Bay Municipal utility District is here-
by ordered and directed to measure
the flow of the 11okelumne River. and
to release at and below its Pard"
dam into the Channel of said river,
the waters thereof In conformity with
the following primary schedules, viz.:
(1) It the runoff of the Mokelumne
River is less than 250.000 acre feat in
any one calendar year. as measured
at the measuring station of the United
States Geological Survey immediate[y
upstream from the Pardee reservoir,
presently known as Mokeluntne Hili
Gauging Station, quantities of Nater
shalt be released sufficient to mat:t-
tain an average daily rate of flow in
the different months of each calendar
year as follows:
DtiRING THE MO\THS OF:
January, 51) second feet;
February . ............ 50
\[arch . ................100 :
nett/, ....................
00
May 200
2-
June . .................... 251)
July, 1"
August . ................ _ 250
September , .......... 250
ctober. ................ 0
November, 100 "
December, 50 "
Provided that it the total runaf, so
measured shall be less than 120,000
acre feet Par year, the entire flow of
the river shall be released during said
year at rates of flow approximating
the foregoing as nearly, as may be.
(2) When such annual runoff, so
measured. is equal to or greater than
250.000 acre feet, but is less than 300,-
000 acre feet, then such releases shall
be maintained at the following aver-
age daily rates of flow, to -wit:
DURING THE MONTHS OF:
January . ................ 50 second feet:
February . ............ 50
March, ..... .._.100 "
200
May . ......................200
..
June . ....................250
July . ......................30i
August . ................30
P rr
Se tember....__.._._50
�
r „
ctobcr. .............. 200
November, 100 "
December. ..._..... 50
(3) When such annual runoff. so
measured, is equal to or greater than
300,000 acre feet. but is less than
350,000 acre feet, then such releases
shall be maintained at the toll -awing
average dally ratas of flow, to -wit:
DURING THE )NIO\THS OF:
January . ................100 second feet:
February . ............100 "
March . ................104
aprlL .................. _ 200
May,
June .300
....................
July ...............
..
Augast. .300
September, ...._..�00
October, 250 "
November. ........104
December, ..........100
(4) When such annual runoff, so
measured, is equal to or greater than
350,000 acre feet, but is less thar.
400,000 acre feet, then such releases
shall be maintained at the following
average drily rates of flow. to -wit:
DURING THE MONTHS OF:
January . ................140 second faet:
February . ............104
March .............. 100
April . ..................... _"00
May . ....................300
June . .................... 4 JU
July . ....................400
August,404
...............
September, ^00 "
CGJber .............. _.J 75
O
November , 100
December. ...........100 "
(5) When such annual runoff, so
measured, i, equal to or greater than
440.000 acre feet, but is less than
450.000 acre feet, then such releases
shall 'be .maintained at the following
averaga daily rates of flow. to -wit:
DURING THE MONTHS OF:
January, ... ............. 1001 second feet:
February, 1001 "
March. 100,-
.............._ —
June. ...500
. .................
July . ...................... 501)
August . ................500
Septemb:r, ..........400
October, 'SG. "
November. .......... 300 "
December, 100
ea suc 55555 ru o , so
measured. is equal to or greater than
450,000 acre feet, but is less than
500.000 acre feet, then such releases
shall be maintained at the following
average daily rates of flow, to -wit:
DURING THE 'MONTHS OF:
January . ..............100 second feet:
February,100
...........
March, 100 "
April ......... .......
',lay . ......................400 ..
June. 500
July, ......500
August. ...... _........50 0
September, ........500 "
October . .............350
November, 200 "
December. .. .....100 "
(i) When such annual runoff. so
measured. is equal to or greater that;
:,00,00+) acre feet, but is less than
G00,000 acre feet. then such releases
shall be maintained at the following
average daily rates of flow, to -wit:
DURING THE 31ONTHS OF.
January . ..............100 second feet:
I.,; b' ua ry'. 100
. . ............
. arch, ... -.......... .100
April, ..400
May. ......500
Juste.500
....................
July, ......500
=,t
August . ................ � )
September. ........500
October. 400
. ..............
November, "00'
December. .... 400.
(8) When such annual runoff, so
measured, is equal to or greater than
600,000 acre feat, but is less than
300,000 acre feet, then such releases
sh311 be maintained at the following
average rates of flow, to -wit:
DURING THE MONTHS OF:
Jan-tary, . .............. 400 second feet;
February,
Marc ................... 200
April . .................... 54i
)
June, ....500
Ju Iy. ........... _....... 500
August , ....500 .. ..
Septamber. ........500
October, 500 "
November. -400 "
December . ..........-300
(9) WI; -!n such annual runoff, so
measured. is equal to or greater than
800,000 acre feet, then such releases
shall be maintained at the following -
average daily rates. of flow. to -wit:
DURING THE ,MONTHS OF:
January . ................500 second feet:
February . ............5
00
March. 500
June . ........................ 500
July, ..500
August . ................5
September, ..........500
October ...............
November, ..........500
December . 500 "
All release schedules provided for
in Paragraphs (1) to (9) incl. shall;
be minimum schedules, provided, how-
ever, that if defendant East Bav Dis-
trict elects to exceed said schedules,
It shall not by so doing deplete its
reservoirs to such an e_(tent as to pr,3-
vent compliance with the schedule for
the calendar. y-ar in question.
(10) If the total annual runoff of
the Mokelumne River so measured in
any calendar year is equal to or great-
er than 450,001) acre feet, but is less
than 500,000 acre feet, and if there has
trot been discharged over the spillway
of and/or through said Pardee dant
within ten days prior to July 1st. suf-
ficient water to produce a flow In the
river at Lancha Plana Gauging Sta•
tion in excess of 2,000 second feet con.
tinuing for forty-eight hours. then the
re:euses shall be so increased as to
produce a flow of 2,000 second feet for
forty --eight hours. commencing on the
1st day of July: and it a like floc,
over the spillway of and/or through
said dam has not occurred within ten
days prior to august 1st. a like ad-
ditional releases shall be made com-
niencing oil August 1st.
(11) if th-- total annual runoff of
the Mokelunine River so measured in
any calendar year is equal to or grea. -
er than 500,000 acre feet• but is leas
than 600.000 acre feet. and it th-2rq
has not been discharged over the
spillway of and/or through said Par-
dee dint within fifteen days prior to
May 1st. sufficient water to produce a
tww in the river at Lancha Plana
Gaugiag Station in excess of 2.000 sec-
ond feet continuing for forty-eight
hours, then the release shall be so In-
creased as to produce a flow of 2.000
second feet for forty�eight hours com-
ntencing on the 1st day- of May: and
if a like flow over the spillway of
anti/or through said dans has not oc-
curred within ten days prior to July
_ 1st. a like additional release shall be
made. c:mmencing on July 1st: and
If a like flow over the spillway of
and/or through said dam has not oc-
curred within ten days prior to Aug-
tl`f 1St, a like additional release sfall-
be made commencing on August 1st.
(14) It the total annual runoff of
the Mokelumne Rives so measured in
any calendar year Is equal to or great-
er than 600,000 acre feet, and if thera
has not been discharged over the
spillway of and/or through said Par-
dee dant within fifteen days prior to
April 1st, sufficient water to producp
a flow at Lancha Plana Gauging Stz-
tkm in excess of 3.000 second feet cos-
tinuin; for forty-eight hours. then the
releases shalt be so increased as t.,)
produce a now of 2,000 second feet
for forty -right hours commencing on
the 1st day of April; and if a like flow
over the spillway of and/or through
said dam has not occurred within
fifteen days prior to May 1st, a Iike
additional release shall be made com-
menciae on May 1st; and if a like
flow over the epi(Lway of and/or
through said dam has not. occurred
within ten days prior to July 1st, a
like additional release shall be made
commencing on July 1st; and it a like
flow over the spillway of and/or
through said dam has not occurred
within ten days prior to august lit,
a like additional release shall be made
commencing august 1st.
(13) Defendant East Bay District
shall be released from the obligation
to make that portion of any of the
flushing. releases provided for in sub-
paragraphs (10), (11) and (12) of this
paragraph Fifth which is In excess of
the regular scheduled average daily
release herein provided for the dates
thereof if within thirty days prior to
the initial date provTdTfor each such
flushing release there shall have been
discharged over and/or through the
Pardee dam sufficient water to pro-
duce a flow in the river measured at
Lancha Plana Gauging Station of 2.000
second feet for a total of five contin-
uous days' duration. Furthermore. de-
fendant—Hca., say- District is permit-
ted at its option in any ,year to post-
pone the flushing release specified for
July 1st and August 1st, respectively.
until dates not later than July 15th
and august 15th. respectively.
(14) In order to coordinate pred!,:-
table stream flow in each year with
the actual stream flow as It develops
for that year. the releases cf water
required under paragraphs (1) to (13).
both inclusive. of paragraph Fifth of
this judgment. shall be accomplished
in the following manner, viz.:
a. The said defendant East Bay
District shat. release during the
months of January and February
of each year a minimtim of 50
second feet daily average f!ow.-
and during the month of March of
each year a minimum of 140 sec-
ond feet daily average flow, sub-
jaet to the following provisions:
1. If. at any time during the
months of January or February
the waters impounded from all In-
flow into the East Bay N-funicipal
Utility District's 31okelumne Riv-
er Reservoirs shall increase by
three thousand (3.000) acre feet
or more, and the total waters th?n
impounded in the aforesaid reser-
voirs shall be equal to or exceed
one. hundred and forty thousand
(140.000) acre feet, the rtinimunt
release schedule shall be increas-
ed to one hundred (140) cubic feet
per second daily average flow for,
the remainder of the aforesaid
months: providing that at no time
shall such increase in the mlui-
utum scheduled releases deplete
the quantity of water impounded
in the aforesaid reservoirs below
the quantity that may have been
impounded therein on January
first of such year, or in no lit -
stance to a quantity less than one
hundred and thirty-seven thou-
sand (137,000) acre feet.
E. If, at any time during the
months of January. February or
March the waters Impounded front
all inflow into the East Bay
Municipal utility District's Moke-
lumne River Reservoirs shall In-
crease by nine thousand (9.000)
acre feet or more, and the total
waters then impounded In the
aforesaid reservoirs shall be equal
to or exceed one hundred and
forty-six thousand (146,000) acre
feet, the minimum release sche-
dule shall be Increased to two
hundred (200) cubic fret per se-
oand daily average flow for the
remainder of the aforesaid
months: providing that at no time
shall such Increase in the mini-
ntum scheduled releases deplete
the quantity- of water impounded
in the aforesaid reservoirs below
the quantity that may have been
impounded therein on January
first of such year, or in no in-
tance to a quantity less than one
hundred and thirty-seven thousand
(137.000) acre feet.
3. If, at any time during the
months of January, February or
March the waters Impounded from
all Inflow Into the East Bay Muni-
cipal Utility District's Slokelumn?
River Reservoirs shallincre-iseby
twenty --seven thousand (27,000)
acre feet or more. and the total
waters then impounded in the
afor:said reservoirs shalt be equal
to or exceed one hundred and
si.%,,,*-fo::r thousand (154.000) acre
feet, the minimum release sched-
uled shall be increased to five
huff -'red (540) cubic feet per se-
cond daily average flow for the
rent in, er of the aforesaid
months: providing that at no time
shall such increase in the minimum
scheduled releases deplete the
quantity of water impounded lit
the aforesaid reservoirs below the
quantity that may have been im-
pounded therein on January first
of such year or In no instance t•D
a quantity less than one hundred
and thirty-seven thousand (137:
000) acre feet.
b. Using the same measuring
stations as required by paragraph
Fourth (4) hereof to be used by
the defattdant Pacific Gas and
Electric Company for the b,sic
measurements upon which its
schedule of releases is herein
made mandatory, and such data
obtained thereat as may be fur•
nished to it by said dafendanc
Pacific Gas and Electric Company
tinder the terms hereof, the de-
fendant East Bay District shall
determine and estimate as ac.
curately as is reasonably possible
through competent engineering re-
presentatives, from said data and
from measurements of the ac-
cumulated precipitation of rain
and snow- as measured at Wesc
Point and Electra and in the vt-
cinicy of Blue Lakes as reported
by the United States Weather Bu-
reau Station for such locality,
and front measurements by the
United States Geological Surrey
of tha flow- of the 3Iokelumue
River made at Mokelumne Hill
Guaging Station, or its equivalent
location, the probable total annual
runoff of said stre: m as e3ti: cit-
ed out the first day of April cf
each successive calender ye.r,
and again as estimated on the first
day of July of each cale«dar yaar.
furnishing copies of said estimates
and oiniputatious on which they
are based to plaintiff as ra�lll
as they are completed: provided,
that if after sufficient records
have been obtained of preri:31ta-
tion measurements at Blue Lakes
It should appear that the measur-
ed precipitation at some other sta-
tion on the Mokalumne River
watershed or an adjacent water-
shed, or the average precipitat:an
of more thaw one station on the
Mokelumne River watershed or
an adjac=nt watershed bean a de.
finite relation to the average of
the precipitation at West Point
and Blue 'Lakes, than the meas-
ured precipitation at such sta:i.jn
or stations may ba substituted b;
either or I:oth defendants at their
options for the measured precipi-
tation at West Point and Blue
Lakes as a means for determining
the respective obligations of the
said defendants hereunder.
e. The primary releases to be
niad3 by said defendant East B-iy
District during the months of
a.pril. �.Iay and Juni of each year
shall be in conformity with the
stream flow schedule found in
subparagraphs (1) t,:) (13) of
paragraph Fifth hereof to be ap-
propriate for a year having a
total annual runoff within raag:s
which include the estimates of
rutoff so made.
d. The flushing rel:ases here-
in required to be ziade each year
during the niotiths of April and
Mv.y, and, if at ail, shall be based
on the schedule found in sub -para-
graphs (10) to (13) of paragraph
Fifth hereof to be appropriate for
a year of annual stream flow with -
In ranges which include said esti-
mated total runoff prepared as
aforesaid on April first of each
calendar year. The said flush-
ing release to be made comnien-
cing on July first and August first.
if at all, shall be based on the
range of stream flow Including
the total annual stream flow as
re -estimated on July first of said
calendar year.
e. After July 1st of each calendar
year, the defendant East Bay Dis-
trict, having made on said data. a
corrected estimate of the total run•
off of the Mokelumne River for
such year as of said date, shall com-
pensate for the difference. if any,
b a.tween the releases required by
this judgment for the first halt
of a runoff year corresponding to
tine estimate made on July first
and the releases actually made In
conformity with said estimate of
April first, including scheduled
flushing releases, by subtracting
from or adding to the sehedule.of
releases appropriate for the run.
off year as determined by tine July
1st estimate, an amount of water
sufficient to ooripaasate for such
error in the earlier estimate: pro-
vided that such supplemental re -
teases or subtractions shall be di•
vided as evenly as is reasonably
possible over the number of days
in the months of July, august.
September and October of said
year; and provided further, that
the total average daily releases
required to be made in July. Au-
gust, September and October of
any year, including compensatory
additions, shall not exceed 500
second feet, nor shall compansa-
tory subtractions reduce any daily
scheduled releases during said
months below 450 second feet in
any year where the primary
schedule herein prescribed for
such year specifies a greater re-
lease than 450 s:cond feet as au
average daily flow. nor below
250 second feet in any year what-
ever.-
f.
hat-
ever:f. For the purpose of determining
compensating releases in any
given year as herein required, the
defendant East Bay District may
also ignor-2 runoff caused by rain.
fall occurring in Xovamber or De.
ceniber of such year if such Xo-
vrmber and December runoff
would require compensation is
stream flow releases beyond tl•e
amount estimatid on Ju!v ?st.
g. The measurements of o?rear•
flow- showing the total amount of
water flowing in the Mokelur.tne
River which is available for stor-
age, diversion and release by the
defendant East Bay District wa-
der the terms of this decree, shall
be made at the United States
Government gauging station near,
3lokelumno Hill: the measure-
ments of waters released from the
Pardee reservoir shall be made
at the united States Government
gauging station at Lancha Plana.
a short distance below the Pardee
dam. There is no substantial In-
crease in the flow of the Moke.
lumne River between Lancha
Plans Gauging Station and Clzm-
ents, and a more accurate record
of said releases can be kept at
said Lancha Plana Gauging Sta-
tion than at the Clements station,
and if for any reason either of said
measurement stations should be
abandoned by the United States
Government or the computation
of daily discharge therefrom be
discontinued. or it the measure-
mint- of precipitation at Electra.
Blue Lakes and West Point sta-
tions should for any reason be
discontinued, it is required that in
the operations of defendant East
Bay District it shall main:aia and
operate said stations at said points
or at such points as may be sub -
situated th--refor under ; e pro-
visions of paragraph b. of this
section of the Judrmen:. record
the measurements of precip(tatiou
and stream flow- shown thereat.
and shall make the eo=putatsons
of daily discharge, all in a manner
and with accuracy similzr to that
of the United States Government.
Said defendant shall furnish and
deliver to plaintiff copies of said
precipitation and stream flow
estimates and measurements for
each month and the data on which
they are based, within 30 days
from the closing day of that
month.
Sixth: That the defendants East
E;ag Municipal ].fluty- District and
Pacific Gas and Electric Company,
and each of them, their officers.
agents and employees, are hereby en-
joined from diverting or stcring the
waters of the Mokelumne Ricer. ex-
cept in substantial conforwity with
the terms of this decree.
Seventh: That subject to the prior-
itles of the plaintiff as he-ein found
and to the obligation to measure,
store and release water as hereinbe-
fore provided, defendant East Bay
Municipal Utility District ow•us and
Its title is hereby, quieted against
plaintiff as to the following water di.
version and storage rights, viz.:
(a) The right to diver; from
said stream at Pardee reservnir
trom January 1st to December 31st
of each year, 310 cubic feet per
second of the flow of the Moke-
lumne River. and to convey the
same away from said river for
municipal and domestic uses, and
the right to collect and store for
like purposes, in said Pardee res-
ervoir, from the 1st day of Octo-
ber to the loth day of July next
ensuing in each season, 217.000
acre feet of the waters of said
river: provided, however. that the
combined diversions from the
rater flowing In said stream and
from storage in said Pardee res-
ervoir shall not exceed the equi-
valent of 310 cubic feet -of water
per second, or approximately "_00.-
000.000 gallons per day.
(b) The right to divert from
the waters of the Mokelumae
River flowing in said stream from
January 1 to December 31 of each
year, 750 cubic feet of water per
second, for the purpose of develop -
Ing hydroelectric en?rgy In the
power house or power houses to-
cated at the base of said Pardee
dam, and the right to collect and
store iu said Pardee res!rvoir
from January 1 to December 31 •)f
each year. an additional ?17.000
acre feet of water for such power
rise: all water diverted and=_r such
appropriation to b± returned to
the Mokelumne River at the base
of the Pardee dam.
(c) The right to store 35.000
acre feet of the waters of said
Mokelumne River from Janunry-
1 to December 31 of each year in
a reservoir to be constructed and
known as the Middle Bar reser•
voir. located immediately above
said Pardee reservoir. and to di-
vert 750 cubic feet of water per
second from January i to Decem-
ber, 31 of each year, said water to
be used for the gere-nation of
power at a power house to be lo-
cated at the base of said Middle
Bar dam, and to be returned to
the Mokelumne River and/ur Par.
de: Reservoir at the tailrace Lf
said power house.
Eighth: That the Court hereby re-
serves the right and jurisdiction to
make such further orders as may be
necessary- to carry- out the terms of
this de -tree• and to cause the opera-
tions of the defendants or their suc-
cessors in interest to conform reason-
ably therewith.
Ninth: That plaintiff recover from
defendant East Bay Municipal Utility
District 5K,: and from Pacific G 4
and Electric Company 5419, of Its cost,
hereia incurred.
Done In open court this 14 day of
August. 1433.
BENJAMIN C. JONES.
Supe. -)or Jud.ze.
7.
MEMORANDUM OF4 DECISION AND ,has constructed the Pardee' dam an
- - BORDER FOR FINOINGS '''a reservoir. Below the dam it has -,:•_.r_.;
_ - built a poker house for the genera-
This',- actiori
enera•This'--action ; Erivolves claims to tion of electrical energy by the use
Frights in the maters of the 3lobelumne or nacos discharged through the -dam.
river, • a -stream which .has Its source Ttie discharge outlets through the
' near the summit of the Sierra Nevada ' dem and power house have a maxi -
mountains 'In
axi-mountains'in California. -and flows muss capacity of approximately'., 50 _
-westerly to a confluence with the San second feet. On the south side of the
-_Joaquin .and Sacramento rivers at a river at this point the East Bay •D!s
point near where these stream_ s join. tract has. constructed a -diverting tun-
- _ �,•'-r
along -.'the upper reaches 'of the nel to connect with its pipe lines l:ad•
_ giver the 'defendant Pacific Gas and in; to Oakland, which tuanel has a
Electric company has been operating max -mum diversion capacity of •350--
a system of hydro electric properties second feet. , over a period of time running back a Further to the nest, and near the
great many years. with the attendant town of Clements, the rive: debauches,:-'-
Impounding and diverting works b. from the foot hills and flows is a gen= _-
- which a portion of the flow of the era! westerly direction past the towns
stream has been impounded and di- of Leckeford, Lodi and Z400dbr1d,e:
versed and used in the generation of Its course from Clements is through •
electric power. _ bottom lands which are bounded b
P.' G. 1. E. CONSTRUCTION _ ter -_aces of slight elevation. These ;-7
More recently this defendant has terraces merge into the .surToun�in,'
- constructed Its Salt Spriggs rose oir plains at a point on the river opposite.
With its Empoundiag dam and dice t• Lodi. From Clements to � oodbrdge'
_ 'ing-canals; and has taken certain pre- the river chancel is approximately 1-00
liminary-•steps requisite to- the • con- feet wide at tue bottom and "200`feet`_''','.�f
_-.struction of additional reservoir fa• -wlde at the top. '.Through this po:pion
ciEities.on Bear Creek, and at its lows,
of its course it will carry's no of
s-Deer:Z'_all?y reservoir site.' -By means about 2000 second feet without o -e:
for itsdiverting Rork the defendant -flowing the adjacent bottom 'lands:� _`.
Pacific" Gas ':and Electric compaay_~:' WOOD8REOGE IRRIGATlO h:z�`;
conveys, and proposes to convey, a -
` A• Woodbridge a diversion dam has •--r
d
r
portioa''of the flow of the river to a been constructed by the �ioodbridge _,•
point-above'Electra where tbe'witer l-, igation District, and a portion of__Tr_;=
'e :dropped through penstocks .to t_'ee the water oC the ever is -diverted
f_'��power=house�aad released through the the south through an irrigation ditch*- i
=� hich supplies ater-to •a_. Cons id
_;__�-:�;•r•,.;tatlraee=intq'the=Hain channel__oL�tSe--wuw
-. _ - _ _., ,. _ _• �=_-;,:,
atream,r`The activities -i the defend --able -area = sonthiyesyer�IF ` of �Lood
Gas and:Eiectric'company=brdgeand Lodi.'West'ofFCoodbrd3e;—�;;;=,
sv_-;are confined -solely to.the•north._fork.-aa the '.river `rLhB^d21t3 `��,y
.the' Mokelumne river. lands Its Mall is ver..._slt w-�
Fes= .Below -the.Electra:power:house the-.4Dry,
_.north^fork'of the:stream_unites with' Creek flows in'a-general
;-;the muddle ,fork.and the -south fork to =rection -and-parallel •to'<the •-I,keinm _
-<form'the main body of the 3fokelumne . ne river.; Its course; '•howe -er,-is at an a*ati_
-river: = _: �, c _:' =- -.::�approxima_te;aievatlon,ot�4000: feet as,-s��_
SAY HOLDINGS ' ~�contrasted'..to:10,000-Leet�ot. theIfo-
t .a tpoint .-on the river -create:lp,.+eiumne -with _ a consequentscontribu
--„r
;-�fokelumae • Htll .and above �tioa tofits runoff ot-but'.little _ivater-
_ I.an ha lana h.Bay.• y
defendant'East �'ironi`-melting'=snoRs:�South''=o:the
-^rjY ��tunicipal TJtility
District. -here [na r `�f
eoSelumne'-is'. another =st-eam :caked �OQ =="
—:reLerred'tq_a� the a te$ap-District.-Bear _.Crefa,' R_hich has .its "source` az-..:-
W
z—.. •C
�'S �-•'--._? :cam-�� � �-- __ - -- - —`_ .T--•�-r y = - _ _ �"'t��
n- the foot hills and which also flows in.
an'area'from three to four miles wide
- a'general westerly direction. The -
and extending southwesterly from the
course of Bear Creek is relatively
river a much higher percentage of
short and its flows are limited to
water bearing material is encountered
storm freshets.
as is, evidenced by the logs of var-
CITES RESERVOIRS "" `ious
wells in that vicinity produced
- Above .the Pardee Reservoir is an-
by different land owners. The opin-
other reservoir known as the 3Iiddle
ions of the geologists are somewhat
-
Bar site with a storage capacity of
in conflict as to the existence of an
approximately 25,000 acre feet," and
alluvial cone in the area referred -to,
for the use of which the defendant
although they agree that the soil de.
East Bay District hay filed its appli-
posits are alluvial In character. In
cation with the Stats Water Division.
any event, the area to a considerable
Below the Pardee Dam and above
distance both north and south of the
Clements is a second reservoir site
ylokelumne, and westerly from Clem -
commonly known as the Mehrton site,
encs, and to a considerable depth, can -
ane which has a potential storage ca-
sists of alluvial deposits of varying
_-
pacity of several thousand acre feet.
degrees of porosity, and in which Is
Other than the application of the Ezst
found an abundant water supply.
Bay District to utilize the Middle Bar
WELLS MENTIONED
site. nothing of any consequence has
. The City of Lodi is situate on this
been done hi the development of
alluvial plain, which, as before stat -
either of those sites for storage.
ed, extends for a considerable dis-
The Mokelumne in its upper reaches
tante In all directions from Lodi, and
flow's generally in a deep and broad
across which the 'iokelumne river
canyon, eroded in the granldc forma*
flows. The City of Lodi has sunk
tions of the Surras, and runs thence
walls at a point about one and one-
across the newer volcanics and the
half miles sourhtrly from the Moke-
lone formation to a point about where
lumne river and extracts from the
it Is crossed by the range line be-
water bearing strata a considerable
tween Ranges 3 and 9 East. 3i_ D. til.,
quantity of water which it supplies
.where its grade diminishes percep•
to its inhabitants for domestic . and
_
tibly. At this point the toot hills also
household uses. These wells are sit -
begin to recede.
uate on parcels of land Domed by the
GEOLOGISTS DIFFER
City of Lodi and within its city Loa -
There is some difference . in the
its. The elevation of the surface of
geological opinion as to the manner
the ground at this point is about 50
In which the soil strata to the west of
feet above sea level, and the general
this point were laid down, but in the
surface of the underlying water table
main the geologists are agreed upon
is approximately 25 feet lower.
-.the' character of the soil structure,
The United States Department of
.
and that to a considerable depth It
the Interior through the United States
consists of depositions by stream
Geological Survey has made an ex-
= flows of varying degrees of porosity.
tensive study of the underground
'*
Dr. Tatman•s computation based upon
water situation in and about Lodi,
- -: the logs of wells of varying depth
and has incorporater In Water Supply
an average of loco of the soil
Paper 619 a vast mount of the data
strata as water bearing material. This
collected. . This bulletir_ has been in-
= = _a�erage includes Welts is the vicinity
troduced is evidence and is the basis_
-
=of Dry Creek and Bear Creek, and
of much of the expert testimony of-
:`wells locatedin • the - comparatively
fered.
ght tilehrton formation. .-. •'.,
- WATER DECREASES
_. Taking w-eIls'- in . the -immediate.'
• In the area under consideration by
- - -
vicinity of Lodi, and particularly in
--the engineers of the Geological Sur-
vey; which area extends from Bear sionaliy reaches a flood stage at other
Creek on the south to Dry Creek on
times In periods of exceedingly heavy
the north, the water table has been
rainfall, but such floods are infre-
steadily dropping since 1907. Of this
quest and occasional.
area there are in excess of 34,000
STORAGE CAPACITIES
acres is the immediate vicinity of
The works of the defendant Pacific
Lodi where the ground water is direct-
Gas and Electric Company on the
ly affected by percolation from the
north fork of the river provide a stor-
blokelumne River. (East Bay Ex-
age capacity of approximately 1S5,000
habit 102.) To the west of this area
acre feet. done of the water fir -
are the ]ands Irrigated from the
pounded and diverted by this defend -
Woodbridge canals.
ant is taken from the watershed of
There are about 70,000 acres in the
the 31okelumne, except a small
area lying between Dry Creek on the
amount which is supplied to- the
north and Bear Creek on the south.
cities of Jackson and Sutter Creek
In all about 2,000 wells tap the under-
under an old appropriation.. The
ground waters in this area and de-
Pardee Reservoir of the defendant
liver large quantities of water for do-
East Bay District has an approximate
mestic and irrigation uses on the sur-
storage capacity of 220,000 acre feet.
face of the land. Nearly all of these
The diversion tunnels of the East
wells are located in the area In and
Bay District, with a maximum capa-
around Lodi, which is hereinafter re-
city of 310 second feet cunstant flow.
(erred to as the Lodi area. The Fed-
are capable of diverting 200.000,000
eral Government maintains gauging
gallons of water daily, or 224,000 acre
stations on the river at Woodbridge.
feet annually. There is also an addi-
Clements and 3lokelumne Hill. Other
tional loss of 4.000 acre feet annually
stations are also maintained at other
by evaporation from the surface of
points on the river and in the water-
the reservoir. At the present time
shed for the purposes of measuring
the district is diverting approximately
the runoff of the river and the snow
$0,000,000 gallons of water per day,
and rain fall.
or about 90,000 acre feet per annum.
RUNOFF RECORDS
OAKLAND RESERVOIRS
Since the season of 1906-07 a record
The district has reserve storage
has been kept by the United States
facilities in the vicinity of Oakland
Geological Survey of the runoff of
with capacities sufficient to meet all
the `lokelumne River, in which year
of its present needs for a period of
the maximum seasonal runoff was
six months ^ :thout replenishment.
1,670.000 acre feet. In the -season of
Approximately 3,600 acre feet with a
1933.24 the runoff amounted to only
maximum rate of 22.4 second feet is
132,000 acre feet. Seasonal runoff Is
the annual draft of the City of Lodi
measured beginning October 1st and
from the underground strata. - Alto -
extending to September 30th of the
gether there is an annual draft o1
following year. The average seasonal
about 30.000 acre feet upon the under -
runoff Is approximately 300,000 acre
ground strata for irrigation and -do-_ -
feet. The runoff measured according
mestic uses in the Lodi area.
to the calendar year is somewhat
--
In the entire area between- Bear
higher than the seasonal runoff.
_
Creek and Dry Creek the annual
The maximum Slow of the river
draft on the underground supply
usually occurs in the late spring or
approximately 70,000 acre feet- The
early. summer when the melting
diverting canals of the Woodbridge
snows In the Sierras augment the
Irrigation District have a . maximum =.-
flow- of the stream. These annually
-capaclty of 250 second feet and the
recurring high flows constitute a part
district Is now diverting from 'the
of the normal flow. The river occa-
river about 6565,000 acre feet for use' .�
(3)
COURT POWERS BROAD
these circumstances it cannot be said
No matter. what may be the com-
that any portion of the right to
permits by the State Water Commis-
been admitted by the plaintiff, ex-
sloa.and the Federal Potter Commis-
cept as to the right to divert a 75 sec-
sion for the appropriation of certain
and foot flow of water outsida of t:ie
waters of the Mokelumne, and makes
watershed of the 5fokelumne to the
these permits the, basis of its claim
cities of Jackson and Sutter Creek,
of title.
although the right to so divert 30 sec•
It has been held iq the case of
and feet is conceded. -
i Yuba River Power Co. vs. Nevada
EARLY APPROPRIATION
Irrigation District, 207 Cal. 521, that
It has been stipulated, however, that
an action in equity in the nature of
the appropriation under which the 75
a suit to quiet title may be maintained
second foot flow is claimed was in -
by the holder of permits from the
itiated in early days, and actual diver- -
State Commission to determine ad-
sion made. upon lands which were
verse claims to the use of water by
then unoccupied and which belonged
other claimants. While the plea of
to the United States Government.
ownership and adverse claim is set
There is no claim that this right was
up by nay of answer, a court of
ever abandoned. The only point made
equity, nevertheless, takes jurisdic.
is that the place of use as to 45 sec -
Lion, and ]caving assumed jurisdiction
and feet of this appropriation has
of the subject matter and the parties
been changed from Jackson and Sut-
Will proceed, to the end of preventing
ter Creek, which are outside of the
a multiplicity of suits, to dispose of
Mokelumne watershed, to the Electra
all the equities and priorities exist-
Power House, which is within the
Ing between the parties.
watershed of the 3lokelumne. finder
COURT POWERS BROAD
these circumstances it cannot be said
No matter. what may be the com-
that any portion of the right to
plications or complexities, the powers
divert 75 cubic feet per second of the
of a court of equity are so broad as
water of the Mokelumne has been
to adequately meet the exigencies of
lost -
the case, and it may so mold its de-
- Smith vs. Hawkins, 110 Cal. 129.
tree, and may determine the ultimate
Rood vs. Etiwanda Water Co., 122
rights of the parties on either side
Cal. 152..
as between themselves or the oppo-
South Yuba Water Co. vs. Rosa, 80 -
site party and docree_ accordingly.
Cal. 333. _
Collier vs. Merced Irrigation Dist.,
With the exception of its original
213 Cal, 554.
appropriation of 75 second feet for ,
' Wenban-=•E§tate, Inc.,..vs. Hewlett,
`
diversion to Jackson - and Sutter
-_19.3_--Cal;.?b75.' - _ -
Creek, the defendant Pacific Gas and _
Califo_ rnhi - etc-, Co. vs. - Schiappa-
Electric Company contends that in
Pietra, 191 Cal. 732-T44. - - . ` " ' _
the operation of its entire system of ' • " _.=
Arthur vs. Graham, 64 Cala App.
works it is exercising only its rights _
60ii 612. '-i : ...
as a riparian owner - on the stream,
The . defendant ' Pacific Gas and
and that its operations are only_ in
Electric Company, after denying dam
the exercise -of riparian rights..
" - age to the plaintiff, has alleged its
-- = NOT RIPARIAN RIGHT
`-, ov ne_ rship for more than twenty years
- However, has been `repeatedly "_
-" -r;"of a system oi'reservoirs, ditches and
,'it
held in this stat?" that the' storage of
canals, tights 'of way and divers.par- w=ater -la one=season for -use
- = cels of riparian Nand, together with
other is not an act in pursuance o1 a
t.�,...4_.r•
rights- to: the =use of waters -of the-riparian.right,.but is an act. adversei-.-2'-r _,;4
north fork of the blokelumne River
to riparian owners below. " _ (Seneca::
and its -tributaries in the operation of
Consolidated Gold -fining Co. vs. The -
this older portion of -its system, which
Great - Western Power Co., "209 Cal.
ownership_ by the said defendant has -206.)
_The defendant Pacific Gas -
-•`7;
_.
=:.:`�:�: --- _- --_-_-
-_: _- r-.. --_•_ _'' __ 'moi
and Electric Company has, therefore,
As to the effect of such operations
In all of its operations been exercu-
upon riparian rights below, it may be
ink appropriate rights in the waters
noted that in actions to recover dam -
of the river. The rights to the use
ages for the invasion of such rights
of the Nvater which it has acquired
by reason of such -upper storage, rip -
in connection with the operation of its
avian owners in this State are lim-
;+
older system of works, together with
ited to the difference in the value
=
the 75 second foot appropriation or-
of the riparian lands under the na-
iginally made for diversion to Sut-
tural Clow of the stream, and the
ter Creek and Jackson, are, however,
value of the lands with the flow as
paramount to any right of the plain-
modified by the construction and oper-
tiff.
ation of the impounding and divert -
The defendant Pacific Gas and ELec-
ing works.
tric Company further alleges in its
Seneca A. G• 11. Co. vs. Great West -
answer an abandonment of a16 waters
err, Power Co., 209 Cal. 206-222.
returned t6 the main channel of the
Collier vs. Merced Irrigation Dist..
Mokelumne below its Electra power
213 Cal, 554.
house. This includes the water di-
CITES COLLIER CASE
verted through its older system of
This holding is based upon the
works as well as_ that held in its Salt
theory that while the riparian right
Springs reservoir. All of this water
Is a part and parcel of the land, it
_
so returned to the channel at Electra
Is nevertheless a_usufructary one in
has its origin in the stream. None
the flow of the stream, and that the
of it in the process of its' use is ever
resulting difference in availability of
carried out of the watershed of the
water for use is the damage.' As was
1Iokelumne. and the returned flow is
said in the Collier case, supra: "Any
in no way increased by any water
Injury short of a complete divestiture
brought -in from a source other than
of the right leaves a quantum in kind
the ltokelumne or its tributaries. The
in the proprietor thereof. If the in -
water which is returned at Electra
truder relinquished a part of the right
is exclusively water which has been
to the channel of the stream to that
impounded and diverted at higher
extent he restored the right to its
=
elevations on the stream.
rightful owner."
WATER DELAYED
Measured according to the amount
_
of damages recoderable, the loss sus -
It is the same water which would
tained by a lower riparian owner by
flow in the same channel under na-
the impo:inding and diversion above
tural conditions and in the same
on the stream is the difference fn
quantity and of the same quality. By
flow under natural conditions and the
_
the operations of the defendant it has
.flow as modified by the operations
merely been delayed in reaching any
above.
-
given point on the stream below. The
The factors contributing to the
precise question presented is as to
change in flow in this case are the
whether in the operation of impound-
Impounding and diversion of the
a , '
ing, diverting and returning to the
waters- Of these two factors the im-
natural channel waters of the stream
pounding contributes in the greatest _
an impairment of a right below has
degree to the change in the time
been effected to the extent of the full
when the water reaches any given .•.
amount of the Rater so diverted and
point on the stream below. Assume =-
- --
returned, or only to the extent of the
a situation on the stream where a .:
difference between the flow of the
dam, or a series of a -few dams have _
stream under natural conditions and
been constructed, and which are only
-
the flow as modified by the opera-
slightly closed so that the water will
;t
tions of the defendant.
flow past with only a slight retarda-'.
(6}
tion at each point of observation.
by "cutting across, so that water com-
Could it then be said that the flow
ing into the channel would reach a
Of the stream has been so changed as
given potat below in one half the
to make it foreign water?
time that it would under the former
Assume the number of dams to be
conditions, would such a change in
increased and the discharge capa-
time change the flow into foreign
r cities reduced until the flow of the
water?
` stream is regulated to an exactly
SEEPAGE NATURAL FLOW
even flow over a season of run off,
In other jurisdictions, notably in
would the resulting effect in the
Massachusetts, Rhode Island and
character of the water be any differ.
Colorado, it has been held that waters
ent? Assume the cumulative effect
which have been impounded or divert-
uf such dams to be exactly equal to
ed and later returned to the natural
that of the impounding works of the
channel form a part of the natural
Pacific G4s and Electric Company in
flow of the stream. Similarly, in Cal -
this case, and does the conclusion fol-
ifornla it has been held that seepage
low that the effect of the impound-
from a diverting ditch finding its way
ing is to change the water to foreign
back into the natural channel be -
water?
comes a part cf the natural flow of
CANAL DIVERSION
the stream. (Southern California In -
The effect of the diversion canals
vestment Company vs. Wilshire, et
upon the flow of the stream depends
at., 144 Cal. 65.)
largely upon the length of the canals
upon principle and authority it
between the points of diversion and
must be concluded that the waters
return, the grade, and the freedom of
of the Mokelumne stored by the de-
flow- therein. If a greater time is re-
fendant Pacific Gas and Electric
quired for the water to flow through
Company, and released into the chan-
the canals between the points of di-
net of the river, constitutes a part
version and return, the effect would
of the natural flow of the stream, and
be cumulative to the impounding. If
are subject to the rights of lower
less time is required, the effect would
riparian owners, appropriators and
be compensating..
others having vested rights in the
In the latter case it would require
waters thereof.
less time for the water to flow
LODI'S PRESCRIPTIVE RIGHT
through diverting canals than in the.
The City of Lodi operates its wells.
natural channel owing to a shortened
and disposes of the water from the
distance and a greater freedom of
same through its distributing system
flow due to lack of natural obstacles.
by virtue of a prescriptive right
The effect would be analogous to that
which it has acquired by adversely
obtained by removal of obstructions
extracting water sufficient for its re-
in the natural channel, or by straight-
quirements from the strata underly -
ening out the same. In either case
ing.the city and surrounding territory
the Nater would arrive at a point on
for many years. All the elements _
the stream below earlier in time than
essential to the establishment of a
it would arrive under natural condi-
prescriptive tide have been involved
tions. Also, it is entirely conceivable
in its use of these waters. (Silva
that such a modification in the
Ha-wm, 10 C31. App. 554-551.) _
natural flow of the stream would be
The title which Lodi holds to this
Injurious to lower riparian owners.
,right has its origin, in this. prescrip
If the natural channel of a river were.
Live use and not iu any appropriation
to be so altered by removal of all ab-
as it is ordinarily .understood.' ,As. • _
i structions, such as rocks, trees, over-
was said in San Bernardino vs. River-
hanging brush, drifts and the like,
side, 186 Cal. 7-13: "Appropriation -mow
and all bends and turns eliminated
... is but another form of prescrip-
c7)
tion." With reference to a prescrip-
tive title the lacy conclusively pre-
sumes an antecedent grant by an in-
dividual to the holder of such a pre-
scriptive title or right. (Smith vs.
Hawkins, 110 Cal. 124.146; Hildreth
vs. Montecito Creek W. Co., 139 Cal.
49.)
HOLDS GRANTEE POSITION
as the City of Lodi, by virtue of its
prescriptive right, occupies the po34-
tion of a grantee of all of the owners
of lands overlying the water bearing
strata of the Lodi area, any vested
right of any such lard owner in the
-.caters of the Mokewrane River pass-
ed to the City of Lodi according to its
appropriation. The rights of such
overlying land owners as between
themselves as defined in Hudson vs.
Daily, J56 Cal. 617.645, as follows:
"Tae general rule, as now estab-
lished by the decisions of this court,
undoubtedly is that where two or
more persons own different tracts of
land, underlain by porous tnaterial ex -
to and communicating with
them all, tvhich is saturated with
water moving with more or less free -
dont therein, each has a common aad
correlative right to the use of this
water upon his land. to the full ex-
tent of his ae-_ds if the common sup-
ply is sufficient. and to the extent of
a rea;onable share thereof if the sup-
ply- is so scant that the use by one
will affect the supply of the others.
(Katz v. Walkinshaw, 111 Cal_ 134,
144. 150 (?.m. St. Hep. 35, 70 PRC.
9j.', 74 Pac. 766); McClintock v. Hud-
son, 1.11 Cal. 4S1 (74 Pac. 3.49); Cohen
v. La Cenada, etc., Co., 114 Cal. 439
(76 Pac. 47); 'Montecito. etc.. Co. v.
Santa Barbara, 144 Cal. 5S5 (77 Pac.
1113): Purr v, 'Maclay, etc., Co., 154
Cal. 4:334 (93 Pac. 460); Bartoa v. R)v-
erside Rater Co., lbs Cal. 509 (101
Pac. 7903)."
APPROPRIATOR RIGHTS
Tae rtghts of two appropriators
from a basin are defined in San
Bernardino vs. River side, 1a6 Cal. 7,
v:hera two appropriators, exercising
prescriptive rights, were extracting
•:-ate.- from a basin in which basin
thsre existed a surplus of water, and
where neither appropriator in the ex-
ercise of its rights was in any nay
interfering with the use of water by
the other, and where there had been
no adjudication in the trial court of
any priorities In either of the parties
with respect to its water right, as fol-
lows:
"While the surplus continues, the
condition of the respective parties as
to their right to take water from the
basin for public use is substantially
the satr.e as that of several appro-
priators from a surface stream having
more than enough water for all. No
Injunction should issue against the
taking of water while the supply is
ample for all. But the respective
priorities of each water right should
be adjudged. so that if in the future
the supply falls below the quantity
necessary for all, he who has the
prior right may have his preferred
right protected."
It has thus been held that as be-
tween two appropriators he who has
the prior appropriative right in the
waters of an underground basin may
have that right protected as against
a subsequent appropriator when the
supply- of water in that basin falls be-
low t -!:e quantity- necessary for all.
CITES "INTRUDER" CASE
Furthermore. it has been held in
the case of Miller vs. Bay Cities
Water Co., 157 Cal. 456479, that one
who intrudes upon the stream or
other source supplying water to un-
dergruund strata occupies a' position
no different from that of an appro-
priator from such strata and is gov-
erned
overned by the law applying to the lat-
ter, the court stating:
"It would present an anomalous
condition of the law were it the rule
that while a riparian owner may pre-
vent an appropriator from diverting
to his injury the waters of the stream
for use beyond the watershed and one
owner of land overlying a common
stratum of percolating water may re-
straia another owner similarly sit -
(8)
_ uated_lrom making a like diversion,
the 'owner of lands whose underlying
stratum of water is directly and clear-
ly supplied by percolation from the
waters. of the stream. and who will be
greatly injured by a diversion is not
entitled. to prevent it. There is no
reason or any difference in the rule
between the classes and none should
exist. Such landowner has a right
to restrain a diversion . from the
stream or saturated plane or other
well-defined supply, by an appropria-
tor or any one else who seeks to
divert such stream or other supply-
ing waters from their natural perco-
lating flow, for use elsewhere than
upon lands to which, as waters of
the stream, they are riparian, or
which, as waters o1 an underground
stratum, may reasonably and usefully
be applied to the overlying land."
In such a case where there is no
surplus of water, . and the common
supply is not sufficient, and the an-
nual average replenishment to the
basin is not greater than the demand
for reasonable uses by the overlying
.land owners, an appropriator from the
'basin, whose rights have ripened, un-
doubtedly has the right to enjoin an
intruder into the basin, or upon the
source of supply, from extracting
-water therefrom for use on distant
lands, even though such appropriator
would have the right to take the full
measure of his appropriation as
against the owners of lands overlying
the basin to the extent of exhausting
all the water available. .
rights. Any further demands upon.:,.=--._ 11
the supply of underground water .
would tend to dimfaish the supply
available for overlying Iand owners
and appropriators alike and with �I
common and Immediate effect.
Such additional withdrawals from ,
the underground strata would cut in-
to the residual supply, and, if con-
tinued, would bring about a progres-
sive lowering of the water table until _
the underground supply would be j
completely exhausted. With the pro-
gressive lowering of the residual
waters appropriator. and overlying
land owner would be put to the com-
mon necessity of installing more pow- 4
erful pumps to raise his share of the
water to the surface. An appropria-
tor under such circumstances, with
an Immediate injury to his right, is
entitled to an immediate remedy,
along with the overlying land owner, =
to 'prevent an encroachment upon
the residual supply, and Is not obliged
to wait until the residual waters of
the basin have been so far depleted -I
that there no longer remains therein
a quantity sufficient to meet _ the = 1
amount of his appropriation. The in-
jury produced is common and alike =
to appropriator and overlying land . , -
owner, and each is entitled to the
same remedy. whicb, in the case of _
an overlying land owner, has been • ; _ •- -
held to be immediate relief. -
Katz vs. Walkinshaw. 141 Cal. 134. -
Burr vs. 'Maclay etc- Co., 154 Cal. ?.-
434.
RIGHT TO PERCOLATION r
APPROPRIATIONS ANALOGOUS
from an under- The right of the City of Lodi here, - -
�_.: :
Appropriationsr r.
- where the average annual replenish-'
ground basin of water are analogous ment through the underground strata
.lto appropriations from _a surface under natural conditions Is not.in ex- «': •_:
stream with sufficient water. for all cess of the requirements for reason-
only When the. average annual re- able uses and purposes. upon. the over-'.-,.,-.
plenisbment to the basin is in excess lying lands of the basin, is to have' i=
the legitimate demands upon the
the residual supply , is _thea. under-
-of - -
-.and the analogy -ceases when _ground strata maintained .a9 near_ as ;^� ;,•,`;.�..
- :the common-
mu
ommon supply or recharge be-- may be by the continued -percolation .ins
comes _insufficient to meet 'the de `of as much water -into the area from t . <_ --
. 44t
_ mands of the overlying land owners the 'Mokelumue River as would occur
and appropriators with -established under natural -conditions.
This right of the City of Lodi has
not been lost by laches, and neither
is the city estopped to assert Its
right against the East Bay District.
The permits obtained by the East Bay
District from the State Water Com-
mission and the Federal Power Com-
mission, were issued to it upon the
representation that sufficient water
would be released by the East Bay
District to meet the requirements of
all vested rights ou the stream below-.
The permits by their very terms make
all appropriations thereunder subject
to the vested rights of all persons
owning an interest in the waters of
the 31okelumne.
LODI RIGHTS RECOGNIZED
The City of Lodi was entitled to as-
sume that the defendant East Bay
District, notwithstanding what repre-
sentations may, have been made with
reference to problematical future
needs for the waters of the Moke-
lumae based on territorial expansion
and population growth, or the maxi-
mum capacity of its diverting works,
would let down enough water through
its Pardee Dam with its 7.0 second
foot discharge capacity, to meet the
requirements of Its right. almost
frons the re:y inception of the East
Bay District's undertakiag the extent
and character of the plaintiff's right
was disputed by It.
This controversy between the par-
ties was carried on at public hear-
ings and in more or less private meet-
ings between the representatives of
the district and the city. As soon as
It reasonably appeared to the plaintiff
that the differences between itself
and the East Bay District as to the
extent of its right could not be set-
tled between them this action was be-
gun. Where, as here, there has been
a dispute between the parties as to
the amount of water which should be
released to meet the requirements of
plaintiff's right, the defendant being
in a position to meet these require-
ments, it cannot be said that plaintiff
has been guilty of laches, or is
estopped by failing to file its com-
plaint until it became reasonably ap-
parent that the differences between
the parties could not be settled, and
that there would not be sufficient
water let down to meet the require-
ments of plaintiff's right.
The major portion of the evidence
in the case is directed to the amount
of water percolating from the Moke-
lumne River into the Lodi area, both
under natural conditions and under
the flow- of the stream as regulated
by the operations of the defendants.
The defendant Pacific Gas and Elec-
tric Company has set up in its an-
swer a schedule of operations and
releases to whlcb it agrees to be
bound by judgment, and which it
claims ;-ill not diminish the amount
of water which would normally per-
colate from the Mokelumne River in-
to the Lodi area under natural con-
dlUon4.
Similarly, the defendant East Bay
District. by a proferred stipulation
read lnto the record and filed in the
case during the progress of the trial,
has set up a schedule of operations
and releases which it claims will not
diminish the amount of percolation
into the area occurring under natural
conditions. The release proposed by
the Pacific Gas and Electric Company
is a constant flow- of 500 second feet
with provisions for a diminution
therein in seasons of fight rain fall
and river runoff. The East Bay Dis-
trict's stipulation provieest for a vary-
ing volume cf water to be discharged
through its dam, based upon various
stages of river runoff and flow-.
PRESUPPOSE PERCOLATION
Both of these stipulations presup-
pose, and it conclusively appears from
the evidence, that there is a lar.ge
amount of water percolating from the
river Into the Lodi area each year.
The engineering witnesses produced
b, the respective parties are in ac-
cord upon the fac! that the greatest
rate of percolation from the river oc-
curs when it is between the stages of
flow- of 400 second feet and 600 sec-
ond feet. And they also agree that
(10)
the higher the temperatures of she
water, the greater is the rate of per-
colation. Also, that the slope of the
water table away from the river is
greatest during the irrigation season
when the pumpit:g draft is at its high-
est and the draw down in the wells
the greatest.
In addition, Professor Etcheverry,
an eminent hydraulic engineer pro-
duced I)y the plaf, itfff. testified that
under a regulated flow of the stream
such as will occur under the releases
proposed by the Pacific Gas and Elec-
tric Company, there will be no de-
crease in the percolation into Che
area, but that the same will probably
be slightly increased. With the de-
feadant Pacific Gas and Electric Com-
pany, presumably acting with the re-
sults -of the studies of its engineering
staff before it, aid the principal en-
gineering witness for the plaintiff in
accord on ,.hi: fart, it may fairly' be
concluded that a flow of the stream
regulated by a constant discharge of
500 second feet at the Electra Power
House, with corresponding diminu-
tions in the flow according to seasons
of light runoff and rain fall, is neces-
sary to maintain a percolation into
the Lodl area such as would occur
under normal conditions of natural
flow.
EXPLAINS RUN-OFFS
The operations of the Pacific Gas
and Electric Company are confined
solely to the north fork of the river,
and in no way affect the high flows
originating in the south and middle
forks. In seasons w-hea the runoff.
measured below- the junction of the
north. south and middle forks, is one-
half of normal, the total amount of
water imp,mnaed by the Pacific Gas
and Electric Company is less than
ore -half of such ru^off. In such sea-
sons of comparatively light runoff
under the Pacific Gas and Electric
Company plan of operations, there
will occur in a large measure the
usual seasonal high flows in the late
spring and summer.
It is these high flows occurring
when the runoff of the river is down
to one-half of normal, or less, that
the operations of the East Bay Dis-
trict wipe out. It is these high flows
occurring late in the year, which the
East Bay District impounds, and
which by reason of their volume com-
bined With the extended lesser flows
in the summer and autumn resuting
from the Pacific Gas and Electric
Company releases that maintain a
quantity of percolation into the Lodi
area equivalent to that occurring un-
der natural conditions.
FLOW PRESSURE IMPORTANT
The pressure exerted by these high
flows is a considerable factor in de-
temiiaiug the amount of water per-
colating through the lands and grav-
els in the bed and banks of the
stream into the underground strata.
This pressure, or hydraulic head, was
considered a very important cause of
percolation in the case of Miller vs.
Bay Cities Water Co., supra. Also,
such flows have an important scour-
ing effect upon the channel.
Under the natural conditions exist-
ing before either defendant came up.
on the stream there was a point be-
yond which an increase fn the volume
of the flow became of less importance
in so far as such increase affected
Percolation. and also a point in time
beyond which a flow- of any conse-
quence would not occur. under ex-
isting conditions there is a point in
volume above which the amount of
water running to waste can in no
way be equitably balanced against
any resulting benefit by way of per-
colation. In order to make a more
complete utilization of the waters of
the river and r -educe unnecessary
waste and still maintain the approii-
mate natural amount of percolation
the high flows should be diminished,
and the time of the lesser flows ex-
tended. Even in the exceedingly dry
years under natural conditions there
would be a portion of the runoff con- .
tributing little to percolation-
(.11)
ercolation.
HIGH FLOWS CAUGHT
With the East Bay District operat-
ing on the stream all of the spring
and summer high flows are caught
and held up to a runoff of 400,000
acre fee t, its reservoir holding 220,000
acre feet .and those of the Pacific
Gas and Electric Company 135,000
acre feet, and all late high flows con-
siderably modified in all seasons of
runoff over 400,000 acre feet and up
to the average of 300,000 acre feet
runoff. With all of the high flows
eliminated when the runoff is 400,000
acre feet or less, and modified in
varying degre!s in all seasons of run-
off in excess of 400.000 acre feet, a
comparatively high and uniform rate
of oercoiatioa must be maintained to
approximate natural conditions when
a deficiency in one, or even two suc-
ceeding years, would be supplied by
the late spring and summer floods of
the following years.
Under the operations of the East
Bay District the effects of these com-
pensating years are nullified, and the
releases as proposed for the years
of light runrff are not sufficient to
maintain 'a percolation equivalent to
the natural supply of water into the
Lodi area. As pointed out, the oper.
tions or the ]lost Bay District allow
no room for recovery from the de-
ficiencies of the dry seasons, except
in the very xet years. To approxl-
mate natural conditions the average
annual percolation from the river into
the area, must be maintained at as
nearly a uniform rate as possible.
The amount of this percolation has
been variously testified to as from
something in excess of 10,000 acre
feet to something In excess of 30,000
acre feet. i careful analysis of the
evidence leads to the conclusion that
the latter figure is approximately
correct. The releases Droposed by
tae East Bay District will not pro-
vide any such amount of percolation
in the years of light runoff, and the
effect of the District's operations will
be to cause a progressive decline in
the crater table in the Lodi area to
the extent of something more than
one foot per year on the average.
STORAGE INCREASES RUNOFFS
Applying the Pacific Gas and Elec•
trio Company schedule of operations
to the recorded runoff of the river
by calendar years, whea the runoff
does not exceed 400,000 acre feet. an
Increase, on the average, is found
over what actually occurred under
natural conditions. The average run•
off of the three flows under 400,000
acre feet occurring under natural
conditions amounts to 234,997 acre
feet, crhile the average runoff under
Pacific Gas and Electric Company
regulations amounts to 463,344, or an
average increase of 10,000 acre feet.
Similarly. with the five runoffs oc-
curring between 400,000 acre feet and
340,000 acre feet, the average under
natural conditions is 424.400 acre feet,
and under the Pacific Gas and Elec-
tric Company regulation 447,470 acre
feet, or an average increase of 33,000
acre feet. Obviously, the increases
are brought about by the release of
waters from storage.
The East Bay District comes on the
stream with the natural flow aug-
mented to the extent of 10.000 acre
feet or the average when the runoff
under natural conditions would be
less than 440,000 acre feet, and aug-
mented to the extent of 23,000 acre
feet on the average when the runoff
under natural conditions would be be-
tween 400,000 acre feet and 300.000
acre feet. Taking the stream in -this
condition of augmented flow. and ap-
plying the East Bay releases to these
runoffs of Iess than 400,000 acre feet
the result is an average ruaoff of
S3,713 acre feet, or an average de-
crease of 164,231 under what would
have been the runoff without the
Pacific Gas and Electric Company Ott
the stream, and an average decrease
of 174.607 acre feet under the flocs
with the Pacific Gas and Electric
Company making its releases. Sim-
ilarly, with the five runoffs between
400,000 acre feet and 300,000 acre
feet, the average runoff under the op-
erations or the East Bay District is
227.464 acre feet. or an average de-
crease below natural conditions of
196,96 acre feet, and an average de-
crease in the flow as augmeated by
the Pacific Gas and Electric Com-
pany releases of 220,000 acre feet.
(Runoff figures from East Bay Ex-
hibit No. 19.)
PERCOLATION LOWER
If the percolation factor produced
by Mr. Bonner, called as a witness
for the East Bay District, is applied
to the various flow. of the river under
natural conditions, and under the
combined regulation of both defend-
ants, the result shows a percolation
Into the Lodi area below that which
would have occurred with neither de-
fendant on the stream, and the great-
est proportional decrease in the dry
years.
Much further discussion might be
had with reference to the testimony
of the many witnesses called, and
particularly with reference to the
views of the different experts per-
taining to the quantities of water
reaching the water table from the
rainfall on the surface of the area
and front other sources, but as these
matters have been carefully consid-
ered, such discussion of them here
would serve no useful purpose. Like-
wise any ext=nded comment on the
contention of counsel for the East
Bay- District that the City of Lodt
should change its mode of operations
to meet changed conditions is un-
necessary. The nature of the right
with which Lodi is casted and the
remedy available to it to prevent an
infringement of that right renders in-
applicable to the present situation the
authorities which counsel have cited
as being in support of their conten-
tions.
Judgment herein should be for the
plaintiff. and the decree to be pre-
pared should provide that the de-
fendant Pacific Gas and Electric Com-
pany maintain the schedule of oper-
adons and releases proposed in its
answer, and that the defendant East
Bay District release through its re-
tainlag dam or dams down stream
when the runoff of the lrokeiumne
River is Iess than 250,000 acre feet
Irk any one calendar year, measured
by the united States Geological Sur•
vey at the intake of defendant East
Bay District's storage works, which
at present is approximately the loca-
tion of the Mokelumne Hill Gauging
Station. or measured as stream flows
of the same magnitude are measured
by the United States Geological Sur-
vey if no station is maintained by it
at or near said intake, quantities of
water sufficient to maintain the fol-
lowing constant rates of flow in the
different months of each calendar
year:
Month Second Feet
January.._..._... . ..................................... 50
February.............................................. 50
March.... ............................ :_..__........_...100
April................................................ ..... 200
May_. ..........................................._........200
June.... .............................. ...................... 250
July_ ............................._....__................250
August..................................................250
September ......................................... ...250
October.................................... __........ .200
November .................................... --._.... 100
December.............................................. 50
Provided that when the total run-
off, so measured, is down to 120,000
acre feet or less the entire flow- of
the river sliail be released at rates of
flow approximating the foregoing.
250,000 SCHEDULE
When such annual runoff, so mea-
sured, is equal to, or greater tban,
90.000 acre feet, but is less than
300,000 acre feet, at the following
constant rates of flow:
Month Second Feet
January................................. _...... 50
February_ ....... ....................... _...._._.... 50
March............................................»......100
April._.............................. _......_.........200
May.......................................... ..---_.200
June................._ .........
July.................. .........
August ......... ...............
� __._..__.....300
September . ...............
October .... . .... ................ .v----...�.....200
November ............ .......
December ._..__......... 50
( 13 )
1NVhen such annual runoff, s0 mea-
sured, is equal to or greater than
300,000 acre feet, but is less than
350,000 acre feet, at the following
constant rates of flow:
Month Second Feet
January.................... _ ............................ 100
February..............................................100
March........... .............. _...................... ..100
April......................................................200
May................ _.... I ................ .... .... ........ 300
June........... .................................... _....... 300
July................................................... .... 300
August....................................................300
September .................. .................... .----- 300
October......__.. ................................._.....250
November............................................100
December........ ..................................... 100
When such annual runoff, so mea-
sured, is equal to or greater than
330.000 acre feet, but is less than
400,000 acre feet. at the following
constant rates of Lion:
Month_ Second Feet
January............... ...................................100
February..............................................100
March................................... ......... ._...._.100
April......................................................20C
May... .................................... ................ 300
June........................................................400
July................. ...................................... 400
August........................ .......................... 400
September .... ........................................ 300
October ......... ............ ........... .................. 250
November ........................... ................... 10C
December..............................................100
When such annual runoff, so mea-
sured, is equal to or greater than
400,000 acre feet, but is less than
450,000 acre feet. at the following con-
stant rates of flow.
Month Second Feet
January....... .._ ....................................100
February .... ....................... _ ..............100
March...................... ........................ .... 100
April.........._..__. .. ........................... .... 200
May............... .......................... ........... ..300
June............ ............. ...._......._...............500
July.......... . ............................................ 500
August........... ............. _..... . ..............500
September __....... ............ 400
October ......_.._... .............. _......... ......... 250
November ....... __ ...................................200
December ----- . ............. ........................ 100
4ti-ben such annual runoff, so mea-
sured, is equal to or greater than
450,000 acre feet, but is less than
500.000 acre feet. at the following
constant rates of flow:
Month Second Feet
January..._ .............................................100
February .................................. _.... _100
March............... ................................. __100
April.....................................................
May...................................... _... _........... 400
June....... ................................. _........ —.500
July..................................................... 500
August... ................................... _...... _..500
September........................................... 500
October ... ....................... .....................250
November ......:.................................. _... 200
December... ........ ............................. ..... 100
Provided that if there has not been
discharged over the spillway of its
refining dam within ten days prior to
June Ist, sufficient nater to produce
a flow in the river at Clements in ex-
cess of 2000 second feet continuing
for forty-eight hours, then the re-
lea=es shall be so increased as to pro-
duce a flow of 2000 second feet for
forty --eight hours, commencing on the
1st day of June: and It a like now
over the spillway of the retaining
dam has not occurred' within ten days
prior to July 1st, a like additional re-
lease shall be made commencing on
Jul; 1st.
When such annual runoff, so mea•
sured. is equal to or greater than
500.000 acre feet, but is less than
660.000 acre feet. at the following
constant rates of flow-:
Month Second Feet
January................................................_100
February........ ........................ ... .......... 100
March..... .... ...... .................._.........._...100
April....._... _ ........................................_.400
May............. ..._.................. ..... ......... :_.500
June._... ... __........................ ............... W
July- ........................ ._........ -... 500
August....... .................................... ...... _500
September ......... ............... __.............. 500
October........... ........ .............. ............... 400
November_...........................................300
December ... _.......... .......................... 00
Provided that if there has not been
discharged over the spillway of its
retaining dam within ten days prior
to Xa.v 1st, sufficient Rater to pro-
duce a flow in the river at Clements
in excess of 2000 second feet continu.
ing for forty-eight hours, then the re-
leases shall be so increased as to pro-
duce a flow- of 2000 second feet for
forty-eight hours commencing on the
1st day of May; and if a like flow
{14)
1-----—
' oler the spillway of the retaining acre feet at the following constant
dam has, not occurred within ten days rates. of floe =:
4 prior:to _J line.Ist,.a_like:addttional anth - :Second Feet` _ -
release_•shall be made commencing on _ - -
_ January .- ..... :.... _.::_ L� ...__......,._500
. June_lSt,, and 'if alike flow-oder the February "
--.......__�_�._..- ._�_ _500
r spillway of the retaining dam has not
March
..__.._.._._.._ _� 5�
occurred within tea days prior .to ; AP _ _
July ;lst, ril
a like' additional release
' y ' ^ -
shall.._be made commencing on July ` Ma
�--........._...__ ....__ Y_ -. _$
...500
June ._... ..�. 500
- - - July .. ._... 00
When such annual runoff, so mea -
f ALIgust ...._...__..__ ._.. - -------••--._—.500
sured, is equal to or greater - than=
September ........ :....... _......:........._........500 .
600,000 acre flet, but is less. than ,
i October ...............
80C,000 acre feet, at the following November ............
...--._...._.___...-----•--
-500 ' -
constant rates, of flow:. -December " ......... .....:..... .._ --•. .. ^_ _500
Month Second Feet provided that If there has not been
January. ..................... ....... —_::._.200 discharged over the .spillway of its
February200 '
....___.". """"""" _" retaining dam within ten days prior_
- .March ;._.:_._._.......... __..---•----._,.200 , _ .. _..
April •' S00 to'April 1st, sufficient water to pro -_-
iMay _.............................. _ _ ._ $00 duce a flow a; Clements in excess of
....... -•� 2000 second feet continuing for forty- -
June .._..._.._.. ...................:...._. --^
July _---------------------- ••--•-••-••••---••---500 eight hours, then the releases' shall
August ................. .... ................... -_ _ 500 be so increased as to produce a flow.
Se t_mber 500 _
October _. ............... __..__....__:..._.._.____50U of 2000 second feet for forty-eight
November ......................... :._____.._400:hours commencing on the 1st day.of
December ....... _................ -...... -300 April; and if a like flow over the
Provided that if there has not been spillway of the retaining dam has not
I discharged over the spillway of Its occurred within .ten days : prior .to
retaining dam within ten days prior May 1st, a like additional flow over.
to April 1st, sufficient water :to -pro- the spillway of the retaining dam has - --.
duc_ a flow at Clements is excess of not occurred within -ten days prior to
2000 second feet continuing for forty- June .Ist,.`a _.like . additional release' = :T
eight hours, then the'releases'shall shall be made commencing June 1st; =:
be so increased as -to produce 7a flow, 'and if a like flow over the spillway of -:7
of 2000 second. feet for :forty-eight the retaining dam has. not occurred._. -s
= hours commencing on-the'lstday:bf' within te¢ d3Fs prior tb_JulY--'IS
April;.and if _a _like ,flow: over thee additional releaseshall be made
spillway of.the retaining data has not - commencing July 1st.
occurred within ten days prior'to'- ay _ All of said relerses to be measured
lst,.a like additional release _shall be
at the location of the United States_•."
made commencing on 31ay 1st; and if •Geological Survey gauging -station at=
*a like flow over .the spillway of the .. Clements, as -.the
river ' runoff
retaining dam has not occurred with__ measured above the reservoir of -the
in :ten daps prior .t6. June1st, a like,. -defendant = East Bay District,
-'eacept
f additionalrelease shall be made'c_om= at .in the event of any use, _intercep--_-i
Kms_ VFW
-mencing on Tune ist;.'and.if,a like iion-or diversion of the waters: of the;h -_�-
flow over the spillway of the retain -_-river ocimirini :belowe-`Dres.a '=. _`
i� ing dam. has not .occurred within ten. - . _ - -
works of the said -defendant "in ;add1..
days prior to July 1st, a like addition--_tionto aap' now't stin
g.'other •than : ; �:.
al release -shall, be -made commencing suc_h..as.it•may.institufe, -the'said •ie= `-
_'.'
on July,l5t ' ;'= -.: _y ,leases =shall be `so ^measured abobeY -
- ,-' Whea such'-annual;flaw someasur-.=suchanterveain nse-inferce tfoaTor`--:.
_ lg D
'ed is equal to or greater than 800,000: diversion
_:�- Sz
M.
RELEASES PARAMOUNT _ -,• =
- , _SUPPLY ASSURED ;:•;, _:_
The decree should further provide
With the East Bay District operat-
-_
that the defendants are the owners
Ing at its maximum capacity,' aad
and holders of the permits issued to''diverting
224,000 acre feet, approxi-
mately one-half of its demands would 7
- them by the State and Federal gov
be met It now has reserve storage
ernments, and that -the right of each
-
facilities affording a six months' sup -
to the use of the waters of the Moke-
ply. It is to be assumed that as its
=
lumne River, over and above there-
requirements - increase Its reserve
leases which each is required to
storage facilities will be increased
proportionately. So, in the most criti-
i
make, is paramount to that of the
cal years operating at its maximum
-7
plaintiff; also that any releases of
capacity it will not -be without an ade-
water by either defendant in excess
quate supply of water.
of those which it is required to make
The provisions that the East Bay
'
will not enlarge the right of the plait:-
District provide from its storage alone
tiff, and any benefit resulting to the
the flush flows of 200,000 second feet
plaintiff by reason of any such re-
are equitable as they are to be made
_ .leases, or any use which the plaintiff
at .times when the constant flow re-
-
leases Df the Pacific Gas and Electric
may make thereof, shall be permis-
'not
Company are more than sufficient to
sive and adverse to. the right of
cover the 310 second foot maximum
either defendant.
diversion of the East Hay -District.
The releases provided are deemed
\either can Lod[ complain that they
adequate to supply a percolation into
are not provided for In seasons of
==' •`-.
the Lodi area as great as that oc-
comparatively light runolf as In such _
- •s
curring under natural conditions, to
seasons the summer releases are a
-
prevent unnecessary waste, and to
drain upon carry-over storage. _.
•
-•Z-
meet the legitimate demands of all
COUNSEL COMPLIMENTED.
the parties. With the flow of the
Counsel for all parties are to be
J•,_,ya
stream as in 1931, augmented to a
complimented upon th'e exhaustive "
4'
runoff of :10,450 acre feet by the
preparation and efficient presentation '
Pacific Gas and Electric Company re-
made of this -case, the. courtesies ex-
leases, which is the lowest known
hibited throughout• the trial 4vhich
=='::
- flown flow as regulated, occurring
made of it i most pleasant associa-
above the Pardee Dam, 90,000 acre
tion, and their sincere -endeavor to
-
- feet would be diverted by the East
reach a correct solution of the diffl- _
-i_'-
- Bay District, satisfying its present
cult problem of providing for the ia•y
"'needs to the full; 120,000 acre feet
habitants 'Of the City of iodt .ana
=.^
- would go downstream; of which 7,000
their -neighbors an artificial supply of
acre feet would be pumped from the
water as adequate as that -bestowed
--river by riparian owners; 65,000 acre
upon them bynature. M,
feet would be diverted by the Wood •
Counsel for plaintiff are directed to
_ - bridge Irrigation District; and 48,000
-
acre feet would be left for percolation
prepare and present such•findings.of
- . into 'the Lodi area. --None of the re-
tact and conclusions of law as may---
ay-_-leased
leasedwater Nvould be wasted as the
be appropriate and in accordance with -
*<_ maximum releases of 259,000 -second
-the •.views herein expressed.
feet =occur at :the -peak of the- 'irriga-
_;--a`when:the diverting -canal
Aicn seaso
-- Dated this -20th dap, 01 :_January,
_
�oL .the Woodbridge 'District; -.with a
.1933 ;
'C. 'TOirES,'
capaclty.of 250:second:ieet,: would'be
• - =�; =BEtiJAh_SIN
l
.-t- _
taking ail the Rater it could
_
-- 'Judge of the Superior` Court ".
- - -.
-
I, History of Development of the City of Lodi and Contiguous Rural
Vicinity.
The City of Lodi is a California lunicip_lity of the
I sixth class situated upon the mainline rails:-d of the
Southern Pacific Railroad Company about fifteen miles north
of the City of Stockton and about thirty-five miles south of
the City of Sacrzmento, the California State Capitol.
The City of Lodi was founded in 1869 and was incorporated
In 1906 and has grown until it now iias a population of approxi-
mately 7,000 persons.
The territory contiguous to the City of Lodi is in a high
state of cultivation. The area, within a radius of sip miles of
the City of Lodi is planted almost exclusively to vines, trees,
alfalfa, truck gardens and the like. Because of the abundance and
quality of the Tokay grapes raised in the District, Lodi has be-
come known as the Tokay Center of the World. There is shipped
by railroad to the eastern—z-kets annually an average of approxi-
ma+,ely 6,000 carloads of grapes from the Lodi territory. Some
3500 carloads of grapes are locally used by wineries situated in
the District or in nearby communities. In addition, there are
large annual shipments of orchard fruits, truck garden products
and the like.
The vineyards, orchards, truck garden produce and other crops
raised 4n the territory are irrig:cted in the main from wells
driven into the underground rater table. Inds favorably situ-
ated pump water directly from the Mokelumne River. The annual
power consupption for the pu=7s in the territory is given by the
United States Geological Survey in a recent release entitled
"Pumpage of Ground Water for Irrigation in the Yokelunne Area,
- 1 -
California", dated November 13, 1933 (a supplement to Bulletin
No. 619)at approximately 9,500,000 kilowatt hours per year. The
area irrigated by ground water has progressively increased from
approximately 5,000 acres in 1909 to 50,000 sores in 1927,
according to government reports. The dean annu=l precipitation
in the Lodi Yokelumne River -Area is approxim-a tely eighteen
inches. In addition to this, orchardists pump from 1.3 to 2
acre feet per acre on the average; vineyardists from 1.4 to 2.1
acre feet'per acre; alfalfa requiree from 2.2 to 4.5, while
miscellaneous crops raised take from 1.3 to 2.7 acre feet per
acre, depending on the season to produce the quality of crops"
grown.
The mean temperature of the City of Lodi is approximately
sixty degrees Fahrenheit with a nean naximuW of approxi=ately
seventy-one degrees and a mean minimum of approxi=a telt' forty-
six degrees.
The contiguous territory generally referred to as the
Greater Lodi Area, is the most thickly settled and populated
Rural Area west of the Mississippi River. The population,
according to the 1930 census, was approximately 18, 000. persons.
The area is subdivided into many thousands of scall farm units,
there being as high as eighty homes per square mile in parts of
the'territory.
II. Public Utilities of the City of lodi.
(a) water works SysteA.
Previous to the year 1910 the dater Works System serving
the City of Lodi and its inhabitants was privately owned. In
1910 the City of Lodi purchased the privately owned Water Works
System, and because of the insufficiency of the privately owned
system, due to the rapid grcwth of the City, immediately in-
creased the number of wells, pumps, fire hydrants, mains, etc.,
including theerection of a 100,000 gallon steel, elevated tank,
and has subsequently operated the pumping and distribution sys-
2 _
1
tem as a municipal enterprise supplying water for municipal,
commercial, industrial and domestic use within the dity of Lodi.
The Water Works System at the present,time derives water from
five wells by electrically driven pumping plants. The
system consists of a 100,000 gallon steel tank and approximately
twenty-five miles of water mains, serving approximately 2,000
domestic connections, twenty-five industrial connections, 300 -
commercial connections and 185 fire hydrants besides serving the
City Hall, fire houses and other municipal buildings and public
improvements including the City Library, five gramar schools,
one high school, twenty-three churches 4nd three municipal parks
located within the City Limits. The system furnishes as high as
6,000,000 gallons of water daily, and an average of about 3600
acre feet annually to the Inhabitants of the City of Lodi.
The water rates within the City of Lodi are unusually laws.
the bulk of the service being rendered on a flat rate basis.
Domestic service is rendered at a flat rate of $1.50 per month,
and other flat rates are proportionately low. Metered service
for commercial, industrial, and optional domestic service is
rendered at a rate of 7;e per 1,000 gallons plus a monthly meter
chF.rge ramging from 50j„for o=dinaryiservice up to ,$c4.00 per
month for large, industrial, 4, --inch meters. The net profit
of the Water Works Department for the three years last past has
been approximately $19,000.00 par year, after deducting all
operating costs, bond interest and redemption charges plus depre-
ciation and replacement allowances. -,..-L
The. ground water table from which the system seri/ves its
supply is maintained by waters percolating fro= the waters of
the Yokelumne Piver. The City of Lodi has as an appropriator
of the waters percolatin„ from and the underfloor of the
Yokelumne River since' 1910, acquired a right to the use of
6,000,000 gallons daily and 3600 acre feet per annum.
The mumps used in connection with the Municipal 'Mater
Works System are driven by electrical energy obtained hrough
the Municipal Zlectrical Distribution System of the City of
Lodi.
(b) Zlectrical Distribution System.
The City of Loci as a municipality acquired the Ziectrical
Distribution System in the year 1510 and has since been dis-
tributing electrical energy to its inhabitants, industries and
various municipal and public enterprises.
During the past three years the City of Lodi has purchased
for distribution . an aze:age of approximately 6,000,000 kilo-
watt hours of electrical energy per year upon a rate basis es-
tablished by the California Pailroad Commission, which rate has
averaged nine stills per kilowatt hour.
Besides lighting Lnd heating municipally owned properties
and operating its utilities, the City of Lodi distributes elec-
trical energy to approxi -mately 2400 consumers, of which approxi-
mately 2,000 are domestic, 350 co=ercial, and 50 industrial
users. It is to be expected that with the return of normal
economic conditions, the electrical energy consumption within the
City of Lodi will increase particularly with the increasing
numbers of light industries and the use of electrical appliances.
This will be especially true if the energy rate is lowered.
Through the distribution and sale of.electrical energy,
the City has realized a net profit of approximately 135,000.00
per year for the three yea_:s last past after deducting bone, re-
demption and interest the whole sale cost of electrical energy
purchased (including that used for muni0pai nu os s) overhead, -
and
erhead,-
and operating expenses including :tteit-9 depreciation enc
replace=ent charges. The consumers' electrical rates are approxi-
mately 75% of those charged by the Pacific Gas and Electric
Company for similar service in neighboring cities and in the con-
- 4 - i
tigucus rural territory.
2xclualve of the energy sold by the City of Lodi to private
consumers; of the electrical energy purchased ;wholesale by the
City of Lodi during the past tired fears, an average of 833,000
kilowatt hours has been used in operating the municipr.l pumps
of its grater Works Systeaj,, 265,000 kilowatt hours in operating
its municipally owned/ISewage Disposal Plant, 288,000 kilowatt
hours in lighting the streets, and 150,000 rilowatt hours in
lighting and'heatina public buildings, and for other miscellane-
our municipal purposes. At the present time about 25: of the
electrical energy purchased wholesale by the nunicip&'A
system is used for strictly municipal purposes recited above.
III. 3lectrical Develonnent Outside of the City of Loci.
The contemplated. Rural District contiguous to the City of
Lodi to be served with electrical energy subsequent to the com-
pletion of the Lodi Power Project, comprises approximately forty-
four square miles and lies wholly within what is known as the
Yokelumne River Area or the Greater Lodi District. The Rural
District is indicated on ?..xhibit herewith attached. There
are approximately 900 consumers within the district who are now
purchasing electrical energy from the Pacific Gas and Zlectric
Co=an.y, the public service corporation noir serving the area,
for the operation of 865 irrigation pumps
e' eS'ic water supply,
lighting homes and operating other appliances. During the past
five years the amount of electrical energy re�uired* by the dis-
tribution system within this Rural District has been approximately
8,000,000 kilowatt hours per ye�-r. The average rate paid by the
consumers is approximately 2j4 per kilowatt hour, amounting to
some $180,000.00 per annum on the average.
As the Rural District is brought under a still higher state
of development and the population increases, the electrical
service used will be increased.
N. Geographic Conditions.
- 5 -
IV. Geogranhic Conditions.
(a) Mokelumne River Drainage Basin..
The Mokelumne River heads in the Sierra Nevada Mountains
about one hundred miles Northeasterly of the City of Lodi and
flows in a general Southwesters; direction to r. confluence with
the :San Joaquin River. Like all Sierra Nevada streams the flow
of the Mokelumne River varies greatly in different seasons of the
year. In its natural and unreouluted state, h-4r_h flows of as
much as 60,000 cubic feet per second, have occurred, whereas the
low flow is approximately 100 cubic feet per second. The high
flow is usually attained in the spring -months and the low flow in
the summer and fall. The runoff of the strew_^_ varies from approxi-
mately 1,600,000 acre feet per year to approxi=ately 200,000 acre
feet per year averaveinn about 500,000 acre feet per year. The
North Rork contributes the greatest snow pads runoff and the South
and Middle forks contribute the more flashy a. -id torrent"al flows.
The Mokelumne debouches from the foothills at Clements,
approximately eleven miles easterly of the City of Lodi,, and flows
across the San Joaquin Valley into the Delta Region about ten
miles :Westerly of the said City. The Mokelumne River has built
i
up r.n alluvial fan or Sas ...;mc -.n as Sanford fine, sandy loam an
which the City of Loci is situated. It is this recent geological
for=ation that is in a great part responsible for the grotith of
the City of Lodi and its contiauaus Rural territory.
(b) San Francisco Bay Area.
Th
e =,ast Bay ':unicipal Utility District is composed of nine
municipalities situated on the San Francisco Bay e:-Lsterly and
across the Bay from the City of San Frcncisco. This district
embraces Oakland, Berkeley, Alameda, P.ichaond, Piedmont, Albany,
San Leandro, -7=eryvilie Lnd 51 Cerrito, and has a present popula-
tion of appro:tieately 500,000 persons. The said District Water
Supply is transported across the San Joaquin Valley through some
ninety miles of aqueduct leading from the 11okelumne River Pardee
�7M
Reservoir to several reservoirs located near til: said District.
"'Mbit
Y. Pacific Gas and Electric Comoanv xokelumne river Develoaments.
(a ) Mild Wor?"3 .
Prior to tiie year 1525 the Pacific Gas and •Electric Company
had for some twenty years owned and operated certain hydro-
electric worL�s of minor importance on the morth Fork" of the
Mokelumne River.
These old works consisted of five R -all reservoirs with a
total storage capacity of some 26,000 acre feet, whic!i were used
for the purpose of storing _nd regulating a portion of the
natural flow of the said P.iver thereafter passing the s=-- a through
z%c Mectra Power Plant and returning the said :asters to the
channel of the stream, a;ccepting a _ ative sra11 amount of such
water which was diverted away from the stream for domestic and
other uses.
The above-mentioned uses and d;versions made by the said
cozapa.-iy have ripened into present prescriptive rights and are
prior to the rights of the Cit_ of Lodi and others. However,
the said rights ire relatively s-111, representing about three
percent of the average annual runoff of the Uokelumne River.
(b) New and Proposed Works.
Subsequent to:the year 1925 the Pacific Gas and Electric
Company obtained by.rederal Power CO=ission Project License No.
137 � the right to use certain lanes of the United States i
Government lying in the water shed of the North Fork of the
Mokelumne River for reservoir and power house purposes.
Prior to obtaining the said Project License the said company
obtained certain permits frari the California Division of Water
Rights, permitting diversion to storage of certain waters, and
the use of the same, together with the natural flow of the said
Horth Fork through certain existing and proposed power plants, all
- 7 -
crater to be returnee to tin:: :lain ch_:nnel o= the said r i•rer above
the Lodi Power Site.
Pursuant to t -he- sc is license _nd ?ernita, the Pacific Gas
and electric Company has constructed the Salt Springs Reservoir
of a_proximately 130,000 acre feet storage capacity, together with
certain pipe lines, aqueducts and power houses known as the brew
Works. The said company holds further licenses end permits to
construct proposed Lower 3ear and Beer Valley i eservoirs which,
if constructed, Would have a combined stcrage capacity of approxi-
rately 60,000 acre feet. Zia Said Co_patir no:f has a :total storage
capacity on the M rth For:: of the jio_elumne river of approximately
155,000 acre feet.
In the operation of the above reserzoirs the said, company
proposes to store the high flows of the Mokelu=e River, and to
ernually use tha scz,e through its power houses, for the purpose
of auG—_enting the lav floe a of the River. reo.lated flow of
the Horth : ork of the 1�okelu=ne will appro::imate 500 cubic feet
per second except during periods o: spillway discharge aid extreme
drought.
i
Under the decisions of the California nupre::e Court, it has
been uniform.;; held that these permits issued by the California
Division o2 Water Rig
hts are permissive only, and the the said
permits have the effect cf grrnting to the said Company no new j
rights, ltirther, the California Courts have uniformly held. and C
it is alsc definitely recited in each of the said permits, that
said pe=lts are -ranted sUb ect to Dr1or vested rights of all
downstream proprietore, vested water users and ap_ropriatora.
Because all of the said Company's Mokelu=e River works are
situated upstream from the . o•rrer site of the City of Lodi, all }
Raters regulated and released by the said company, excepting the
B=all diversions for domestic and other uses in Jackson. Sutter
Creek and Amador City and excepting interferznce by the works of
the P<st Bay Municipal Utility District, will flow down and over
- 8 -
the City of Loci's Power site.
The State of California adheres to the Riparian Rights
Doctrine. The City of Lodi, as :,mer of the said power site,
Including lands in the bed =nd on both banks of the main
Mokelumne River, below the confluence of its three principal
forks, is a riparian proprietor. Therefore, such rights as
may have been obtained by the Pacific Gas and Electric Comp any
through its said permits were obtained subject to the riparian
rights of the City of Lodi as appurtenant to its suid lands.
The City of Lodi in pumping its municipal mater supply
from the underflow-of t:e Kokelu=ne River within the corporate
limits of the said City has acquired an appropriative right by
prescription to the underflow of the said strear. Such rights
as the Pacific Gas and Rlectric Company may have acquired through
the new permits are, t_erefore, subject to the said appropriative
rights of the City of Lodi and the ri,3ht to have the underground
water table replenished and maintained to the sane extent as the
natural underflow of and percolation from the :2okelunne River.
VI. last Bay -Municipal Utility District Mokelumne River Developments.
The 3ast Bay Municipal Utility District was incorporated in
the year 1924 under a special act of the California Legislature,
and by vote of the people within the s -:-Id district.
In 1926 the East Bay Uunicipal Utility District obtained from
the California Division of Water Rights its o=iginal municipal
Persit which authorized the district to divert annually to storage
in its Pardee Reservoir up to 217,000 acre feet from the flow of
the Mokelumne River, and use the sane for beneficial, municipal
and domestic purposes; and further, to divert from the natural
flow of the staid river to .the East Bay Municipal 'Utility District,
not to exceed 310 cubic feet of water per second continuous flow
during each year, the combined diversions from natural flow and
- 9 -
storage not to exceed 200,000,000 gallons of water per day. The
amount of water which the East Bay Municipal Utility District may
divert for beneficial use will not exceed 226,000 acre feet per
year or practically one-fourth of the normal annual stream flow.
Such waters as estimated by the District officials at the time of
filing its said municipal ;water application, will supply a popu-
lation of 2,000,000 or four times its present population.
The said Municipal Permit, as issues, by the State Division
of later Rights, contains a reservation that no water taken by
the said District shall be used "for other than Municipal purposes
within the boundaries of the Dast Say Municipal Utility District"
and that "this permit is issued subject to the express condition
that the use hereunder may be regulated". Subsequent to the issu-
ance of the aforesaid municipal permit, there were two power per -
nits issued by the Division of Water Rights, whereby said Fast
Say Municipal Utility District may use through its Dower house,
at the base of the Pardee Dan, up to 750 cubic feet per second of
water for the generation of electrical energy. Such water may be
taken either direct from natural flow or from Pardee Reservoir
storage in excess of that needed for municipal uses.
Subsequent to the issuance of the aforesaid State dater Permits,
the District obtained in 1926 by Federal Power Commission Project �
License No. 567 authorization to use for municipal and power 'pur-
poses certain lands of the Federal Government upon which the said �
Pardee Dam and a portion of the Reservoir have since been construct-
ed.
The said district first stored water in its said Pardee
Reservoir, in March, 1929, and the initial diversion of water
through the aqueduct to t1e District was rade shortly thereafter.
The permits issued by the Division of Water Rights to the
East Bay Municipal Utility District were also expressly issued
- 10 -
subject to X11 prior vested rights. Therefore, under the very
terms of the said permits and under the decisions of the Supreme
Court of the State of California, the said per --its granted no
rights to the East Bay Municipal Utility District which were not
subject to the prior riparian rights appurtenant to the power
site property of the City of Lodi, and also subject to the prior
appropriative rights of the City of Lodi, to pump and divert the
underfloor of the ]doelumne River for municipal and domestic uses.
VII. Acquisition of the City of Lodi's Power Site.
In January, 1929 the Colorado Power Company, a Calif orris
corporation, transferred and conveyed to the City of Lodi in fee
207 acres more or less of land situated in Amador and Calaveras
Counties, contiguous to and divided by the Mokelumne River. to
which the lands are riparian. 7he upstream boundary of the'Ladi
Reservoir Area is im`ediately below the Pardee Da= and poker house
of the Zast Bay Municipal Utility District.
VIII. Litigation Affecting the Floe: of the Mokelumne Rive:.
(a) Colorado Power Company vs. Pacific Gas and Electric Company.
Prior to the conveyance of the Mokelumne River Power Site made
by the Colorado Power Company to the City of Lodi, the Colorado
Power Company commenced an action in the Superior Court of the
State of California in and for the County of Calaveras against
the Pacific Gas and Electric Company. This action was based upon
the riparian rights attaching to the fee lands of the Colorado
Power Company. In said action the Colorado Power Co=pany sought
an injunction against the :
(b)
Company, by the said Superior Court. An appeal from the judg-
ment was taken by the Pacific Gas and Electric Company and after
being submitted twice to the Supreme Court of the State of
California, the final decision of the said Court, affirming the
said judg:nent,was obtained in July of 1933.
The judgment thus affirmed provides that the Pi-cific Gas
and Electric Company shall be restrained from storing any of
the waters of the North Fork of the Mokelur--ie River and from
Interfering with any of the waters of the said river, excepting
the operation of the Old Works, unless the Pacific Gas and
ylectric Company shall operate its new works to regulate the
waters of said riven in the manner hereinafter recited. A cer-
tified copy of said judgment is filed herewith as Zbchibit
Were it not for the fact that the Pardee Da: and Reservoir
of tree East Bay Municipal Utility District is situated between
the return to the Mo'selumne River Channel of the regulated flow
from the Pacific Gas and Plectric Company's works and the City
of Lodi Reservoir Site, the regulation required under the
Judgment Joverning the operation of the Pacific Gas and 3lectric i
Company would pass down and over the Loci Site and be available
for the generation of power by the City of Lodi.
The said judgment in favor of the Colorado Power Company
against the Pacific Gas and ilectric Company has inured to the
City by virtue of the transfer of ownership of said lands from
the Colorado Power Company to the City of Lodi.
City of Lodi vs. cast Bay Municipal Utility District and East
Bay Municipal Utility District vs. City of Lodi - Calaveras
County Litigation.
I
Subsequent to acquiring the Power Site from the Colorado
Power Company, the City of Lodi commenced an action against the
f
East Bay Municipal Utility District in the Superior Court of the
State of California in Lnd for the County of Calaveras, based
upon the riparian rights of the City of Lodi to the waters of
the river through the ownership of the 'Power Site for the purpose
of restraining and en,;oinin5 the East Bay Municipal Utility
,2
District from storing, diverting, or otherwise interfering with
tie flow of the :lokelumne Fiver.
Before t.%is case could be brouSht to trial, the Last Ba,;
Vunicipz�l Utility District brought an action in eminent domain
In the Calaveras County Superior Court Lgainst the City of Ledi
for the purpose of condemning and acquiring the right to store
and divert the waters of the Mokelunne River in accordance with
the plans of the 3ast Bay 3iunicipal Utility District and the per-
missive rights granted by the said permits 4nd to extinguish the
said riparian rights of the City of Lodi, only insofar however,
as such extinguishment mi -ht be necessary for such purposes. The
purpose of said eminent domain proceeding was not to condemn the
fee of the said power site, either in whole or in part, nor to
condemn all of the said ripari"n rights, but was for the sole pur-
pose of extin--uishing the said riparian rights of the City of Lodi
only to the extent that it might be necessary to consummate the
plans and proposed operations of the cast Bay Municipal Utility
District as recited in the district's Municipal and Power Permits.
These two cases, (the City of Lodi's injunction suit, and the
East Bay 'tunicipel Utility District's condemnation suit) were
consolidated and tried together. As a result of this action, it
was decreed that the East Say Municipal Utility District had the
right to condemn the riparian rights of the City of Lodi to the
extent onl,r that might be necessary for the above-mentioned pur-
poses of the s�.ic district, and an award of 1125,000.00 damages
was made in favor of the City of Lodi, which has been paid to the
said City. In the action the injunction sought by the City of
Lodi was granted, unless the said aware of y25,000.00 be paid.
The payment of the said award, therefore, had the effect of deny-
ing the said injunction.
It should be here pointed out that while the said District
acquired by condemnation the riglit to ultimately divert up to
310 cubic feet per second continuous flow to t.ae Last Bay Cities
- 13 -
1
the amount of the present actual diversion is less than 70 cubic
feet per second. 's`rOm the variance between the estimated munici-
pal requirements necessary during 1933, made at the ti:ae of filing
the municipal application with the State Division of :Vater Rights,
and the actual 1933 diversion, it is obvious that the original
estimate of making beneficial use of the maximum diversion of
310 cubic feet per second in 1980 was unduly optimistic.
The effect o: these two judgGvaents is to leave the City of
Lodi holding the fee of its said power site and its riparian
rights intact, except to the extent that said riparian rights
may be interfered with by the operations of the -East Bay Municipal
Utility District, as limited by the conditions of the said permits
issued by the California Division of Water Rights, and further
limited by the judgment rendered by the :.superior Court of ,San
Joaquin County as hereinafter referred to. A certified copy of
the said Judgment of Condemnation is filed herewith as Zxnibit
(c) City of Lodi vs. East Say Minicip-cl Utility District and Pacific
Gas and .electric Company - San Joaquin County Case.
In December 1929 the City of Lodi commenced in ti.e Superior
Court of the State of California, in and for the County of San
Joaquin, ar, action against the -East B -y Municipal Utility District
and Pacific Gas and electric Company for the purpose of obtaining
an injunction restraining said defendants from storing, diverting
or otherwise interfering with the waters of the Mokelumne River.
The City of Lodi alleged that it owned and operated a dater Rorke
System and punned water from the water -table underlying the City
of Lodi and that said water -table was fed and maintained by the
underfloor of and percolation from t. -.e Mokelu=ne River and that
the City of Lodi was therefore an appropriator of the waters of
the Vokelumne River and had established its right to such appro-
priation by prescription, and, that the proposed joint operations
of the defendants would diminish the percolation.and underflow
from the river into the water table then already overdrawn.
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The Pacific Gas and Electric Company filed an answer setting
up its proposed plan of operation and offered to be bound by the
court judgment compellin3 it to so operate.
The z-;.st Bay Municipal Utility District filed an answer deny-
ing that the City of Lodi was ar appropriator of the waters of
the 31okelumne River and denying that its open"tions would in any
way damage the said City, and alleging that there were excess•
waters in the river which flowed to the sea and wasted.
This case c4 a on for trial upon the said issues in'September
of 1932, and lasted several weeks before submission to the Court.
In J_nuary 1933 the trial court announced its decision in
favor of the City of Lodi. thereafter findings of fact ::nd
conclusions of law were served, filed and settled and judgment
was signed and filed by the trill court in August of 1933.
In the s«id findings and Jud-sent the court decided that the
operations of the pacific Gas and Electric Company would, if
conducted in the manner proposed, not diminish the percolation
from the river into the underground water-6-able, and the court
in the judgnent directs this defendant to so operate.
The findings further decided that the so-caller. "Grunsky
Release Plan" offered in the said case as a stiulation by the
eleas 1 ff py
_
said District as how it would be willing to be bound to operate.
was sot sufficient to insure the City of Lodi that percolation
fro= the Mokelumne River would be equivalent to that which would
prevail under natural conditions, and therefore, enjoined the
Bast Bay Uunicipal Utility District from storing or diverting any
of the waters of the Mokelumne River unless it scall overate ite
storage works and make releases in a manner therein set forth.
A certified copy of the said San Joaquin County Judgment and
Decree io filed herewith as 21xhibit
Since said judgment was entered both defendants have made
motions for a new trial and to correct and modify the judgment,
which motions have been denied. Said defendants have both per-
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fected an appeal fro= said Judgment to the Supreme Court of the
Stats of California.
The Past Bay Municipal Utility District as heretofore re-
cited, obtained, in the superior Court of Calaveras County. a
Judgment in condemnation extinguishing, to the extent necessary
for the proposed operations of the 3ast Bay Municipal Utility
District, the riparian rights appurtenant to the City of Lodi
Pourer Site. Notwithstanding this fact it is quite obvious, from
the terms of the San Joaquin County Jud,ysent, that by reason of
the country topogra?hy and tha up=_trea=- boundary of the Lodi
Reservoir Site _n: the downatr a= bDundary of the P-rdee Dz= Site
being coincident, . (Ile Lodi Power Site lying do:rnstre= fro=
the Pardee Dem of the .;ast Bay Minicipal Utility District, it is
isspossible for any appropriator to physically divert :-term Which
flow over or thronh the said Pardee Dam pursuant to the said
judgment, and said waters will necessarily flow over znd across
the Lodi Power Site. At the said Calaveras County trial the said
District witnesses testified that the average usable daily flow
i
at the Lodi Site under regulation by the said District Honks mould ;
be fro= 690 ciibic feet per second down to 525 cubic feet per second
under successive stages of regulation by the said District as shown
by the said District's Exhibit "DD", and further, that even in low
flow months and with the ulti=ate aasi=um diversion. of 310 cubic
feet per second to the Wiest Say Cities the release at the Pardee
Poorer Plant would be a daily mean of 345 cubic feet per second.
The said :witnesses also testified as to the favorable power out-
put which will always be available under the District regulation
as shown by the said District's xhibits "II". Objection by Lodi
counsel as to the ad=issibility of the aforesaid y.hibits as not
being based on any contract or decree were stet by the District
counsel with to statement that the said District "can't operate
In any other may."
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We would point out asain that the City of Lodi is t. -&e
owner of the said 4ud6r^e_nt rendered by the Superior Court of
San Joaquin County and that while said „udgmer.i. is based upon
rights in and to the underground water -table, -evertheless the
City is in a position to enforce the s:ic judgment. Assuming
the judgment and decree in the said San Joaquin case were ren-
dered inoperative, the quantities of water to be e:c3ected at
the Loci Power site, on the basis of operation by t:_e East Bay
Runicipal Utility District substantially as set forth in the
proposed method of operation as the "Grurns{y Release Plan",
might be so,_ewhat�l from t!t expected under the said
decree, however, when checked against the operation .orogran con-
templated by the said District, the decreed me'-bod of operation
as submitted by the District in the said case a_n_ known as t}.e
"Gruns::v Operating Plan", Sz'ibit "3-19" of the said District,
shows that the actual releases conteslated therein are in excess
of the releases required by the said judnent and decree.
Undor t:e Colorado Po•.ver Com?anr vs. ?acific Gas and Electric
Company jud&ment the latter company is bound to release into the
Mokelumne River, above the Loci and Pardee Reservoirs, an average i
of 475 cubic feet Der second of grater, for each calendar day, so
long as there is water in the Pacific Gas and Electric Company's
old and new storage worts and/or flowing in the North Fork of the
Mokelumne River. This 475 cubic feet per second exceeds by 165
cubic feet ger second the maximum authorized and anticipated
municipal diversion of t: --e Zast Sag 3iunicipal Utility District of
310 cubic feet ner second irrespective of permitted storage in the
said Pardee ?eservoir of 217,000, acre feet, whic-h of itself is
sufficient to provide one year's rater supply for tre said Resat
Bay Municipal Utility District irrespective of its local storage
adjacent to the said District. The naexpected diversion to
I
the =ast Bay :Municipal Utility District in 1935 is only 70 cubic
feet per second or approximately 22j% of the ultimate diversion or
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apvroxirately six : ..:.percent of the average daily
flow of 1130 cubic feet per second of the Mokelumne Fiver as
measured at Clements by the-Lhited States Geblogical Survey
during 1905 to 1928 inclusive. The difference between the afore-
said average daily flow and the proposed ultimate diversion of
the said District of 310 cubic fee per second'is available for
re -regulation by the 3ast Bay Municipal Utility District for use
In the generation of electrical energy. It is most problematical
If and when the said ultimate diversion of- 310 cubic feet per
second will be made to the .hast Say District.
IX. Physical Characteristics of Vm Lodi Power Site.
In the condemnation suit entitled East,Bay Municipal Utility
District vs. City of Lodi, and in the case of the Colorado Power -
Company vs. Pacific Gas and Electric' Company, both of which were.
tried in t -he Superior Court of Calaveras County as aforesaid, the
Court found that the City of Lodi hydroelectric property'. im-
mediately below the Pardee Peservoir, was valuable as a power site.
This finding was affirmed by the Supreme Court of the State of
California. The language of said finding is as follows:
"The plaintiff and its grantor have for several
years been proceeding with plans for the development
upon said riparian land of a low head riparian power
project. The physical characteristics of the plaintiff's
lands are such as to admit of the construction thereon of
a low head hydro -electric power project and the production
of electric energy by weans thereof. The agricultural and
industrial demands for electric energy in the territory
adjacent to plaintiff' proposed project are such as to
economically justify proposed power cevelopment."
This finding was based upon the natural flow of the Mokelumne
River. Subsequent to the said finding being made and subsequent
to the termination of the Calaveras County litigation fixing the
regulations and releases herein enumerated, tp_�c City of Lodi has
obtained the judgment in San Joaquin County litigation previously
mentioned during which trial was tendered the "Grunsky Release
Plan", with any of the foregoing regulation and release conditions
together with the fact that the Pacific Gus L-nd Electric Company
and the Last Say Municipal Utility District have constructed
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]fokelumne River storage in excess of 370,000 acre feet, which
storage is to be used in regulating the flow of the River, such
regulated flow, excepting diversions as may be rade for munici-
pal and domestic purposes previously mentioned, assures to the
City of Lodi a regulated floss over its power site. Such regulated {
flow, actually passing over the Power site owned by the City of
Lodi, will be far more beneficial for the generation of electrical .
energy than the use of the natural flow of the dobelu=ne River;
with which natural flow the Calaveras County Superior Court and
the Supreme Court of the State of California found that the City
i
of Lodi had a feasible Power Project.
In the Calaveras County case the said Superior Court further
found:
"Considered solely with reference to physical
effects, defendant's proposed i=pounding and storage
of :nater in said Salt Springs, Deer Valley. and Lower
Bear River reservoirs and its proposed regulation of
the natural flow of water in said North fork, by means
of its storage of water in said reservoirs and discharge
of stoz•ed waters therefrom, as proposed by defendant in
Its said additional defense, will not interfere with any
actual or anticipated beneficial use of the waters of the
Mokelurne River by the plaintiff upon its riparian lends, j
or damage or diminish the balue of said lands. if defend- i
ant shall actually return the regulated waters into the
channel of the Mokelumne River, at or above the tailrace
of said Electra Power House. in accordance with the plan
of operation set forth in its said additional defense;
but, on the contrary, such impounding, storage, release.
regulation, and return of the waters of said North Fork
will be beneficial to the pla`ntiff, and will increase the
value of plaintiff's said riparian lands for use in the
generation of electric energy, if the waters to be stored
and released, as proposed by defendant in its said pro-
posed reservoirs, shall, after their use and return to
the channel of the Makelumne river, at or above the tail-
race of said Electra Power House as proposed by defendant.
actually flow down the natural channel of said river to and
over plaintiff's said riparian lands."
Annexed hereto and marked "Exhibit " is a contour map
showing the exterior boundaries of the power site fee property of _
the City of Lodi containing 207 acres, more or less, the fee prop-
erty necessary to acquire by condemnation or otherwise from one
Stephen Z. Kieffer together with the United States Government land
the use of which is to be acquired under a license from the Federal
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Power Commission, necessary to permit of the construction of a
fifty-nine foot dam^. The reservoir nap also shows flow area con-
tours, the dam and power house locations and various water eleva-
tions and measurements along the stye— bed.
It will be noted from this plat that the property owned by
the City of Lodi is in two separate parcels. The difference in
elevation between the upper and lower boundaries of the lower or
dam site parcel is sufficient to permit of the construction of a
dam forty-nine feet hien, whereas, if the two parcels are consoli-
dated, cinder the present plan, by condemning the reservoir flow
{i
area of the Kieffer property and by obtaining a Federal Power
Commission license permitting the use of the flow area to be
flooded, sufficient reservoir area will be available for the.con-
struction of the fifty -bine root dam,
In January 1929 the City of Loci filed a condemnation suit
i
in the S-uperior Court of Calaveras County, against the said Stephen
Kieffer and Pacific Gas and .3lectric Cospany for the purpose of
eondemnin,, the said Kieffer property and certain stream diversion
rights which were then understood to be owned by the Pacific Gas
and Electric Company, but which subsequently Were conveyed to the
said Kieffer. These so-called diversion rights have never been
availed of and are merely some old ditch rights granted in an ticipa-
tion of =inina' operations. Irrespective of any present worth of
such privately held diversion rights, the applicat--on and use of {1
such would necessitate the passage.of the water diverted over and
across the fee land of the City of Lodi.. Under California law
such a right could be obtained only by negotiation. The Kieffer �
land or flow area necessary to be acquiral conaists'.of seven and
one-fourth acres more or less and as aeaeured along \the`ketream bed t- -
represents llp of the total lineal distance of the Lodi Projects-���r.
It has a difference in elevation, between its upper and lower
boundary, of 1.33 of a foot or 2,22% o; the total head '-available
for the i,odi Power Project. Individually the Kieffer property is
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obviously insufficient for reservoir use and only has.a nominal
value for grazing purposes. The condemnation suit against the
said Kieffer is still pending and the City proposes bringing it
to an Immediate hearing when the herein requested loan to the
City 14 granted. Filed herewith, marked "Zxhibit is a
certified copy of the suic-.tieffer complaint in e.^:inent domain.
The United States Government land necessary and proposed to
be acquired by license consists of four and one-half acres more
or less, having a lineal stream bed distance of 7.66% of the en-
tire Project and a difference in elevation of .22 of a'So:)t.
No difficulty is anticipated in obtaining a license from the
said Federal Power Conmiasion based upon Subdivision (i) of
Section 10 of the Pules of Practice and Procedure established by
the Federal Power Commission, which reads as follows:
"In issuing licenses for a minor part only of a com-
plete project, or for a complete project of not =ore than
one hundred horsepower capacity, the commission may in its
discretion waive such conditions, provisions, and require-
ments of this act, except the license period of fifty years,
as it may dee= to be to the public interest to waive under
the circumstances: Provided, That the provisions hereof
all -11 not apply to lards within Indian reservations."
Obviously the government land proposed to be flooded is only
a minor portion of the Major Project; therefore, the Federal Power
Commission will unquestionably grant the licenae*.sincel the City of
Lodi is the proprietor of property both up and doavnstream therefrom
and consequently the said government land could be of no value or
use to anyone other than to .the City of Lodi.
X. Conclusion.
From consideration of the foregoing recitation of the ma-jor
facts bearing upon the reasonableness, desirability, feasibility
and economic need of the proposed hydroelectric development of the
City of Lodi and the resultant benefits to be derived by the City
and the contiguous Rural District, it would appear that this
Project is worthy of due consideration, not only as at constructive
and progressive development in and for an already highly productive
community, but as a nos', desirable and unusual enterprise of real
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economic worth, one which entails the minima of risk and the
naximua of safety in return or the improveaent investment and
at the same time bring a present ::nd much needed future saving
to the Cit
.7 of Lodi and the Rural District Proposed to be served
through the construction --nd operation of the City of ; odi
Yoaelumne River Project
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