The URL can be used to link to this page

Home My WebLink AboutAgenda Report - November 15, 2000 E-17CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Authorize the City Manager to Fund Request from North San Joaquin Water Conservation District (NSJWCD) for Water Rights Activities ($21,000) MEETING DATE: November 15, 2000 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council authorize the City Manager to grant up to $21,000 to the NSJWCD for financial support for water rights activities. BACKGROUND INFORMATION: The State Water Resources Control Board will be considering a request from the NSJWCD to extend its water rights permit. NSJWCD is requesting financial support for preparation of the application. The attached letter from the NSJWCD describes their request and contains an estimate of the legal fees for which they are requesting financial assistance. The reference to a treatment plant for the City of Lodi is a follow-up to the information presented at a recent Shirtsleeve Session regarding water supply issues. There is no "project" at this point, but the future possibility could help the permit request. FUNDING: Water Fund RCPRm Attachment Richard C. Prima, Jr. Public Works Director cc: Fran Forkas, Water/Wastewater Superintendent NSJWCD, Fred Weybret and Ed Steffani APPROVED: H. Dixdn Flynn -- City Manager NSJWCDFNDGREQST3 11/06/00 OR GeorgeTA. Gillespie NORTH SAN J OAQ U I N WAT E R Thomas Hoffman JerryD. Mettler Matthysys Van Gaalen CONSERVATION DISTRICT Fred Weybret 221 W. Pine St., Lodi, CA 95240 October 4, 2000 Mr. Richard Prima, Jr. Public Works Director City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 SUBJECT: Water Rights Permit Dear Mr. Prima: GENERAL MANAGER Edward M. Steffani LEGAL COUNSEL Stewart C. Adams, Jr. I am writing as directed by North San Joaquin Water Conservation District (NSJWCD) Board action of October 3, 2000. As you know, the NSJWCD water rights permit for a 20,000 acre feet annual (AFA) supply of Mokelumne River water will expire on December 31, 2000, unless extended. The District intends to apply for an extension but is lacking financial resources to do so. The District appeared before the Lodi City Council some months ago with a request for funds to help with its Bay/Delta efforts before the State Water Resources Control Board (SWRCB) and to begin preparing for the water rights application. The City Council did agree to fund those first efforts and to consider requests for additional funds when the District was ready to proceed with the water rights matter. The District proposes that the City of Lodi and EBMUD support its application before the SWRCB, which will include the following elements for use of the 20,000 AFA: • Increased surface water irrigation resulting from improvement and extension of the existing distribution system, and from a rate decrease made possible by a District -wide acreage change; • Construction of injection -extraction wells; • A water treatment plant for City of Lodi use of surface water; and • Partnership with EBMUD with provision for EBMUD access to a portion of the recharged water, in exchange for EBMUD financing of all required improvements. The enclosed copy of a letter from Counsel Harrigle,'Id estimates the next phase of legal costs at a maximum of $21,000. The District requests this amount, with the understanding that up to an additional e-elquested, if there are protests of the application. ct wAfund the Bay/Delta litigation estimated at $5,500. General Mah-Aer_J North San Joaquin Water Conse ES/pmf LPRIMA istrict Oct- ca UQ u l : UjV n e( um 1. r,dU 1, rt'e L7 r, L)w rl HERUM CRABTREE BROWN DYER ZOLEZZITERPSTRA September 28, 2000 Mr. Edward Steffani North San Joaquin Water Conservation District c/o Public Works Department City of Lodi 221 West Pine Street Lodi, California 95240 eUU't !c- rZjtjo !�Z K ! Karna E. Harrigretd kharrigfeld@herumcrabtree.com Re: Estimate of Legal Expenses/Bay-Delta Litigation and Water Right Extension Dear Ed: You asked me to provide you with an estimate of the approximate cost that it would take to represent North San Joaquin Water Conservation District in the Bay -Delta litigation and to assist in facilitating an extension of the District's existing water right permit for Mokelumne River water. The following is a rough breakdown of the estimated time and associated expense: Bay -Delta Litigation ➢ Draft answer ➢ Monitor pleadings ➢ Legal research/prepare written briefs on NSJWCD issues Y Appear at hearings (if necessary) Estimate Hours: 20-30 hours Hourly Rate: $180 Total Estimate: $3,500 to $5,500 Extension of Water Right The cost associated with the extension of the water right matter is highly variably depending on the manner in which we proceed and the amount of controversy generated by other interests, including the State Board. The costs can be divided into two phases. rAdocumentAl776-002\KEH17450.doc 2291 West March Lane Suite B100 Stockton, CA 95207 - 209 472.7700 w 209 472.7986 • Modesto 209 525.8444 rout 209 525.8484 - A Proles onef Corporation 2n-�. Jep Lu UO U L : uJP Ner'ufll L.('dq gree OVOU'r) . . . LuJ`r e f_ ! J0U t7, J Mr. Ed Steffani September 28, 2000 Page 2 of 2 Phase 1: ➢ Legal research on extension of water right permit ➢ Assist with development of strategy for proceeding with extension of application ➢ Attend meetings with City of Lodi and EBMUD policy and legal staff ➢ Prepare and file petition and associated documentation ➢ Prepare for and appear at State Board hearing Estimated Hours: 70-120 hours Hourly Rate: $180 Total Estimate: $12,500 to $21,000 If we have the support of the City of Lodi and EBMUD and no objections are raised by other interested parties or the State Board, then the State Board hearing should proceed smoothly and the above estimate should cover the costs. However, if we are not unified in our efforts or if there are protests filed to the extension, it will be more costly. Phase 2: Y Research and prepare responses to protest or issues raised by State Board ➢ Meetings on protests and with State Board staff ➢ Written briefs and other necessary documents ➢ Appear at State Board hearings Estimated Hours: 60-100 hours Hourly Rate: $180 Total Estimate: $10,500 to $18,000 As you know, these are rough estimates. Please let me know if you have any questions. Very truly yours, V�� 41!��4uj KARNA E. HARRIGFELD Attorney -at -Law KEHA cc: Richard Prima FAdocuments\ 1776-002\KEII\7d 50.doc 2S -ID CITY COUNCIL STEPHEN J. MANN, Mayor ALAN S. NAKANISHI Mayor Pro Tempore SUSAN HITCHCOCK KEITH LAND PHILLIP A. PENNINO CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov November 8, 2000 Mr. Ed Steffani, General Manager North San Joaquin Water Conservation Dist. c/o City of Lodi Public Works Department P. O. Box 3006 Lodi, CA 95241-1910 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director Mr. Fred Weybret, President Board of Directors North San Joaquin Water Conservation Dist. c/o 125 North Church Street Lodi, CA 95240 SUBJECT: Authorize the City Manager to Fund Request from North San Joaquin Water Conservation District (NSJWCD) for Water Rights Activities ($21,000) Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, November 15, 2000. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston, City Clerk, at 333-6702. If you have any questions about the item itself, please call me at 333-6759. Richard C. Prima, Jr. Public Works Director RCP/Im Enclosure cc: City Clerk NNSJWCDFNDGREQST3