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HomeMy WebLinkAboutResolutions - No. 945In the City Council City of Lodi Lodi, California RESOLUTIOW No . 945 BE IT RESOLVED, By the City Council of the City of Lodi, County of San Joaquin, State of California, that , whereas there is now pending in the buperior Court of the State of California, in and for the County of ban Joaquin, a certain action numbered 22, 115 and entitled "City of Lodi, a Municipal Corporation, Plaintiff, vs. East Bay lliunicipal Utility District, a public corporation, et al, Defendants; now therefore, Robert f�'. Searls and Ulenn West, as attorneys for said City of Lodi, be and they, as such attorneys, and for and on behalf of said city, are hereby authorized and directed to sign, execute, deliver and file with said court in said action, a stipulation in the words and figures following, to -wit: "IN THE SUPERIOR COURT OI THE STATE CF CALIFORNIA IPI AND FOR THE COUNTY 0? SAID? JOAQUIN . ---000--- CSTY OF LODI a municipal°_ corporation, Plaintiff , VS. EAST BAY tviUNICIPAL UTILITY DISTRICT, a public corporation, et al, Defendants . No. 22,115 STmr IT &TION "IT IS HEREBY STIPULATED AND AGREED by and between CITY CF LODI (herein referred to as "Plaintiff") and EAT BAY EUNICIPAL Ul'ILITY DISTRICT (herein referred to as "Defendant") that, subject to the provisions hereinafter contained, the static ground water level to which the wells of plaintiff may be lowered without substantial danger to plaintiff's water supply, allowing an adequate safety factor in favor of plaintiff, is mean sea level. Said static ground water level of plaintiff's wells shall be ascertained by determining the average level of the water table within the area embraced within Sections 1 2, 11 and 12, Township 3 North, Range 6 East, and Section b and 7, Township 3 North, Range 7 East, !�L. D. B. and A1., by measurements made during the first ten days of January of each year in wells situated within said area, care being taken to eliminate pumping in :•.aid wells for a sufficient period to allow the water therein to return to its static level. The average static ground water level so determined shall be deemed to be the static ground water level of plaintiff's wells. Hesolution No. 045 -�- ;'Whenever the static ground water level of plaintiff" s wells, as so measured, falls to or below sea level (determination of sea level to be made by U. S. G. S. data) and remains at or below sea level for a period of one year thereafter (determination of such fact to be made by similar measurements taken during the first ten days of. the month of January of the year following the year in which the first determination is made), responsibility shall pass to the defendant for maintenance of plaintiff's priorities as defined in the final decree entered in this action in the follow ina maner to wit- If at any time f ollowing the two successive aiinua11 determinations above mentioned at which the static ground water level in plaintiff's wells has fallen to or below sea level, the plaintiff is unable to obtain through its wells owned or leased and existing at the time of the commence- ment of this action or through other wells drill -ed in lieu thereof (all such wells shail be drilled and maintained to depths sufficient to yield the amount of plaintiff's prior water right but not to any depth exceeding L;_50 feet, and shall be equipped. with efficient pumping equipment maintained in good operating condition) the -full amount of its water priorities as established by decree herein, of a quality and potability comparable with that characterizing said water supply at the present time, the defendant will be prepared to supply and will supply plaintiff at its own expense with water in daily and annual amounts equal to the difference between the amount of plaintiff's said prior right and the amount of water so obtainable from plaintiff's said existing wells (or wells drilled in lieu thereof), such water so supplied to be of a quality and potability comparable with plaintiff's present supply; and defendant will continue to so supply plaintiff with such deficiency until the static ground water level of plaintiff's wells measured as aforesaid stands above sea level for a period of one year, after which such obligation shall cease unless and until said water level again falls to or below sea level, when it shall again arise. "The obligation of the defendant under this stipulation shall not arise if said defendant shall establish to the satis- faction of the court that any fall of the static water level in plaintiff's wells below said danger point of sea level is caused by operations of parties other than said defendant under rights which are ju^ior in priority to those of said defendant, provided, however, that puri -.,ping water for its municipal water supply by the plaintiff herein from lands in the Mokelumne Basin lying outside of the following area, to wit: Sections 1, 2 11 and 12, Township 3 Worth, Range 6 East, and iDections 6 and 7, Township 3 North, Range 7 East, M. Ill, B. and 1Vi, and those portions of Sections 35 and 36, Township 4 North, Range 6 Last, and Section 31, Township 4 _worth, iiange 7 East, P.I. D. B. and M., which lie south of the Mokelumne nivPr, hall t be e d affect the level of the water table in plainti s welsmfoc�Fed within the said area; nor shall water so pumped by plaintiff from lands outside of said area be counted as salifying any part of plaintiff's prior water rights adjudicated in this action, but all water pumped or otherwise diverted by plaintiff within said described area (except water unfit for domestic use pumped by plaintiff fro;.1 that certain. well situate on the South bank of the 11hokelumne River in Section 36, Township 4 North, Range 6 ]�;ast, and now used for swimming pool purposes by plaintiff) shall be considered and included as beinr, pumped and diverged Resolution No. 945 -3- by the exercise of such prior rights. Excuse of perforroance by said defendant of any of sain obligations for the reasons above mentioned shell continue during such period, but no longer than such period, as the water table remains at or below sea level as the result of the causes entitling said defendant to such excuse from performance . "The trial court shall incorporate the provisions of this stipulation in its findings and decree herein. "DATED: January 26th, 1938• Attorneys for Plaintiff CITY ON' LGDI T. P. WITTSCHEN L. W. IRVING HARVED RAINES Attorneys for Defendant EAST PLAY P,^'UNICIPAL UTILITY DISTRICT" 0 - - - - - - - - - Certified to be a full, true and correct copy of hesolution No. 94.5 of the City Council of the City of Lodi as passed and adopted in a regular meeting of said Council held on P,onday, January 31, 1938 by the following vote: AYES: Councilmen, Weihe, Craffigna, Clerk, Spooner and Steele NOES: Councilmen , None AB SET T: Councilmen, None City Clerk DATED: January 31, 1938