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HomeMy WebLinkAbout1267 . RESOLUTION NO. 1267 A R~SOLUTION OF THE CITY OF ARCfillIA AUTHORIZING THS EXECUTION OF RAYl10~:D BASH: ARF.A PATER EXCHANGE AGRr.;Fi.IEllT OF 1943, IN CONNECTION r:ITH ~T ACTION P~DING IN THE SUPERIOR COURT OF THP STATE OF CALIFORNIA IN .. AND FOR THE COUNTY OF LOS ANGELES ENTITLFJ), "CITY OF PASADENA VS CITY OF ALHAI1BRA, ET JlL", NO. PASADF.NA C-1323. Th"!': CITY COUNCIL OF THE CITY OF ARCADIA DOES RESOLVE AS FOLLO'.".'S: SECTION 1. \~~EAS, on the 20th day of July, 1943, by Resolution No. 1255 of this Council, the Mayor and City Clerk were authorized to execute for and on behalf of the City of Arcadia a certain Hater Exchange Agreement in connection with that certain action pending in the Superior Court of the State of California in and for the County of Los Angeles entitled, " City of Pasadena, a municipal corporation, Plaintiff, vs City of Alhambra, a municipal corporation, et aI, Defendants", No. Pasadena C-1323, and \/HEREAS, said Agl'eement authorized to be executed by Resolution No. 1255 has not become effective, and f~FAS, there has been submitted to this City Council an amended r.ater Rxchange Agreement in connection ~ith the same matter, a copy of which is attached and by reference made a part of this Reso1utlon, NO;1, THEREFORE, BE IT R1<;SOLVED, that said Agreement, a copy of which is attached to this Resolution and by reference made a part thereof, be and the same is hereby approved, BE IT FURTHER RBSOLVED, that the Mayor and City Clerk be authorized and they are hFreby iIlstructed to execute for and on behalf of the City of Arcadia said "Raymond Basin Area Ylater Exchange Agreement of 1943." SECTION 2. The City Clerk shall certify to the adoption of this Resolution. I hereby certify that the foregoing Resolution ~as adopted at a regular meeting of the City Council of the City of Arcadia, held on the 19th day of October, 1943, by the affirmative vote of at least three Councilmen, to-wit: AYES: councilmen Ancock, Jonas, Lsener, N~ent a~d Ormoby NOES: None ABSENT: None City Clerk Signed and approved tIus l?~h day of October. 1 43. ATTEST: ~_~City ?J1. /y:~~. Mayor ~ Clerk. 1 2 . , 3 :-' 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ,.- p ;!! F .. j , . .,\ . ,'. ! @@lPrt RAYr,iOND BASIN AREA WATER EXCHANGE AGREK;lF.J.~T OF 1943. THIS AGRE~~T, made by and between the cities, dls- tricts, corporations <J,nd persons, the names of which ere here- unto subscrlbcd, WITNESSETH THAT: WflliREAS, all the parties hereto are parties to that certain action now pending in the Superior Court of the State of Callfornia In and for the County of Los Angeles, entitled: City of Pasadena, a Municlpa1 Corporation, P1eintlf1', vs. City of Alhambra, e Municipal Corporation, et al., Defendants, No. Pasadena C-1323j and WHEREAS, the said action involv&3 the rights of the parties hereto to pump or~therwise take water from the ground in a field of ground water known and hereinafter referred to as the Raymond Basin Area, hereinafter described; and WHEREAS, the pumping and taking of water by the partles hereto in said Raymond Basin Area is in excess of the safe yield thereof; and WHEREAS, the parties hereto have entered into a certain stipulation dated the 29th day of September, 1943, consenting that jud~llent ln the form made part thereof, be entered in the above entitled action in accordance therewith; NOW, THEREFORE, for the purpose of (1) settling the present litigation and making unnecessary further litigation, (2) stabllizing the aggregate extraction of water in said Raymond Basin Area to the safe yield thereof, and (3) rendering 1. . - 1 water available to the various pertles to thls agreement both 2 under their respective decreed rights as set forth in said judg- J ment and under the provlsions as to the release end exchange of 4 water, herein provided, in order to secure the maxlmum beneficial 5 use of the total supply available; 6 IT IS HEREBY MUTUALLY AGREED by and between the parties 7 hereto, each wlth each, all with each and each with all, as 8 follows: 9 r. 10 That there exists in the County of Los Angeles, State 11 of California, a field of ground water, known and hereinafter 12 referred to as the Raymond Basin Area, and subdivisions thereof 13 hereln designated the Eastern Unit and the Western Unit, and a 14 subdivlslon of the latter designated the Monk Hl11 Basin, all of 15 which are shown on the map attached hereto and hereby made a part 16 hereof. 17 II. 18 That the Water Master appolnted by the court to adminls- 19 ter and enforce the provlsions of sald judgment or any lnst~c- 20 tions or orders of said court., to be entered in the present actlon, 21 also shall adminlster and enforce the provisions of thls agreement. 22 The cost of administering the provislons hereof respect- 23 ing the release of water end lts receipt by other partles shall be 24 borne each year by the parties so releasing or recelving the same 25 in proportlon to the amount released or received by each in the 26 same year and payment shell be made by each such party as provided 27 in paragraph J of Artlc1e X hereof. 28 The cost of enforcing said judgment or any order or 29 direction of said court or admlnlstering the provisions of thls 30 agreement (other than those with respect to the release end re- 31 ceipt of water) shall be borne by tha parties hereto in proportion 32 to their respective decreed rlghts as determined in paragraphs V 2. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . - - and VI of said jud&~ent, end payment shall be made by each party hereto wlthin thirty (30) days after the annual budget shall have become final end the service on such party by the Water Maste,r of a statement of the 8..!IlOunt due. If payment be not made within said thirty (30) days, such payment shall be delin- quent and the Water Master shall add a penalty of ten (10%) per cent thereof to said statement, and the amount of said state- ment plus said penalty thereupon shall be due and payable. Such delinquent payment and any penalty thereon may be enforced agalnst any party delinquent in payment by execution or as may be otherwise provided ln the judgment or any order of court. Ill. In event any party to thls agreement shall serve upon the parties and file with the Water Master and with the court a de- claration of forfeiture or abandonment of its decreed right, or any part thereof, said party shall be relieved of the payment of further costs of administering the provlsions of this agreement and enforcing the jud~~ent applicable to the right so forfeited or abandonedj provided that seid relief from said further costs shall not become effective until the beginnl~g of the next flsca1 year for whlch a budget has not become final; and provided that said party maklng such forfeiture or abandonment shall pay to the Water Mester lts proportion of such costs to the effectlve date of such relief from costs. The amount of water so aban- doned or forfeited shall be aveilable immediately for use by the parties in the proportlons set forth in paragrepmV and VI of the jud~ent, pending the time that any review shall have been made as provided ln paragraph XXI of sald judgment. IV. On or before the first day of May of each year, each party hereto having water available to it with then existing fa- cilitles from any source or sources. including water available 3. . .. 1 under its decreed right, in excess of 1 ts own requlrements durlng 2 the ensuing twelve months beginning July 1st, shell offer to re- 3 lease for the use of 2ny other perty or parties hereto whatever .4 portlon of its decreed right said offerer will not need to exer- 5 cise to satisfy its O\vn beneficial use or uses after such ussge 6 shall have been satisfled with water available to the offerer 7 from any other source or sources; provided that sald obligatlon 8 to release water shall be binding upon each party hereto only for 9 the number of years set forth below opposite the name of said 10 party: 11 12 WESTERN UNIT Party Yeel's 13 Alhambra, City of 50 Arcadia, City of 50 14 California Water and Telephone Comp~ny 25 Canyon Mutuel Weter Company 25 15 Crown Cl ty Ice Company 50 El Campo Mutual Water Company 50 16 First Trust and Savings Bank of Pasadena 15 F11ntrldge Mutual Water Company 50 17 Graves, Francis P., Alice Graves Stewart end Katharine Graves Armstrong, being the hell'S 18 of Alice H. Graves, deceased and being tha residuary legatees under the Last Wl11 and 19 Testament of Alice H. Graves, deceased 50 Las Flores Water Company 50 20 Lincoln Avenue Water Company 50 Lockhart, Ross M. 15 21 Ml11ikan, Robert A., Archer Milton Huntlneton, Herbert Hoover, William B. illunro, and Edwin 22 P. Hubbell, Trustees of the Henry E. Huntlngton Library and Art Gallery 25 23 Mlra Lome Mutual Water Company 25 Monrovia, City of 25 24 Osborn, Chesley E. end Kathleen M. 25 Pasadene Cemetery Association 50 25 Pasadena, City of 15 Royal Laundry and Dry Cleaning Company 50 26 Rubio Canon Land end Water Association 50 San Gebrle1 County Water District 50 27 Valley Water Company 50 Wagner, A. V., and those claiming under end 28 through him 10 29 EASTElli~ UNIT 30 Arcadia, Clty of 50 Sierra Madre, City of 50 31 32 4. . .... - 1 V. 2 Each party so offering to relense water shall set forth ) ln said offer the quantity which it will so release and the 4 price per acre-foot of water which it wl11 accept therefor, pro- 5 vided that the ultimate price to oe paid to the offerer shall 6 not exceed the average cost to it for the productlon of water 7 during the flscEl year of the offerer in which the major part of 8 the release is made. Seid average cost to the offerer shall be 9 deemed equal to the sum of the following ltems of expense in- 10 curred by it during the sald fiscal year divided by the total 11 number of acre-feet of water produced and purchased during the 12 same year, said items of cost being: 1) 1. All costs to the offerer of labor, materiel, aupp1ies 14 and power incurred ln connection with the operAtion and mainte)O . 15 nance of the production facilities of the offerer including 16 booster pum]Jing plants and the cost of awnlnistering the provi- 17 slons of this agreement respecting the release of water as pro- 18 vided in Article II hereof. 19 2. All costs of purchase of water, and in addition, 13.11 20 taxes levied by The lietropo1itan Water District of Southern 21 Ca11fornla upon property wlthin the corporate area of the offerer 22 and amounts paid or payable to said district by the offerer in 2) 11eu of taxes which would otherwise be 1evled by said district 24 upon property within the corporate area of the offerer. 25 3. A proportional part of all taxes arislng out of the 26 production, distributlon and sale or delivery of water, other 27 than taxes levied by and amounts paid or payable to The Metro- 28 po1itan Water Dlstrlct of Southern California included ln Item 2 29 of this Article V, said proportional part being the ratio of the )0 hlstorlca1 cost of all facl1ities, exclusive of land, used in 31 connection with the production of water, including booster pump- )2 ing plants, to the total historiCAl cost of all such facil1ties, 5. . - - 1 exclusive of land, of the offerer used in connectlon with the 2 production, distributlon, and delivery of water. ) 4. Interest and depreciation aggregetlng elght per cent 4 (8%) of the historlcal cost of all facilities, exclusive of land, 5 used in connection wlth the production of water, inc1udlng 6 booster pumping plants. 7 In the event of dispute as to the average cost allowable $ hereunder, any party affected thereby may refer the metter to the 9 Water Master for determination in accordance wlth the provislons 10 of this Article V, and in accordance with the procedural provl- 11 sions of Article XVI hereof. Pending such determlnatlon the 12 offerer shall be paid in accordance with the terms of his offer 1) and upon final determination appropriate adjustment shall be made 14 ln accordance with such determin~tion. The costs of such deter- 15 mination shall be apportioned in his discretion by the Water 16 Master between the parties to such dispute and he shall have 17 power to require, at any time prlor to making such determination, 18 any party or parties to such dispute to deposit with him funds 19 sufflcient to pay the costs of making such determinatlon, pro- 20 vlded, however, that such apportio~~ent shall be' subject to ad- 21 justment and refund by the Water Mflster end to revlew by the 22 court as provided in Article XVI hereof. 2) VI. 24 On or before the first day of May of each year, eech party 25 hereto whose decreed right to pump or otherwise take water ln 26 sald Raymond Basin Area, together with water available to lt from 27 other sources with then existing facilitles, is less than its 28 anticipated needs during the ensuing twelve months beginning July 29 1st, may file a request for the release of water in the amount of )0 lts anticipated needs in excess of such supply and thereupon said )1 party, in accordance with the provisions concerning the release )2 and receipt of water hereinafter set forth end without prejudice 6. . ... .. I to the rights of others entitled to take water in said area, 2 shall be permitted to pump or otherwise take water from the 3 ground ln tlle Raymond Basin Area in excess of its decreed right 4 so to dOj provided that no water released in one unit of said 5 6 7 S 9 Raymond Basin Area may be taken in the other. The privilege of taking released water shall be limited ~s to the respective parties hereto to the number of years set forth in the tabulation in Article IV hereof opposite the name of each said party. VII. 10 11 The City of Pasadena, the six parties named below and La Canada Irrlgation Distrlct are end have been pumping or other- wise taklng water from the ground in said Monk Hill Basin, which has a safe yield of 6060 acre-feet per year under existing con- dltlons: Flintridge Mutual Water Company Las Flores Water Company Lincoln Avenue Water Company Pasadena Cemetery Association Rublo Canon Lend end Water Association Valley Water Company 12 13 14 15 16 17 18 19 In order to enable said slx parties to take released water 20 without exceeding the safe yield of said basin, the City of 21 Pasadena shall restrict its taking therein and may take from e1se- 22 where in the Western Unit of the Raymond Basin Area the remainder 23 of its decreed right in said Western Unit. The City of PDsaden8 24 shall not ptunp or otherwise take in the Monk Hill Basin more 25 water in any twelve month period beginning July 1st than the dif- 26 ference between the safe yield of. said 'be.sin and the sum of (1) 27 the amounts taken by non-parties in said basin, (2) the decreed 28 rights of sald six parties and the La Canada Irrlgation District, 29 and (3) the amount of water released by any party or parties 30 other than said six perties for use. in such period by one or more 31 of said six partiesj provided that in the event the aggregate 32 amount of released water taken in any such period by said six 7. . ..... - 1 parties mlnus the sum of the total amount of Water released in 2 the Western Unit by the City of Pasadena in the same period and 3 the total amount of water released by one or more of sald parties, 4 exceeds 7.45 per cent of the safe yle1d of the Monk Hill Basln, 5 the City of Pasadena shall be paid as undue cost Ten Dollars 6 ($10.00) per acre-foot by said six parties for each acre-foot of 7 such excess as provided in Article X hereof; provided, further, 8 that ln the app11catlon of the provislons of paragraph V of the 9 judgment, said city may not take more water in said basin ln any 10 twelve month period beginning July 1st than one hundred twenty 11 per cent (120%) of the said difference between the said safe 12 yield end the said sum of items (1), (2) and (3) ln this ~rticle 13 VII hereinabove mentloned, and such greater amount as may be 14 necessary in CBse of an emergency 2'S determined by the Water 15 Master, but in no event shall the aggregate amount of such taking 16 by said city during any period of sixty consecutive months exceed 17 the sum of the said dlfferences durlng the same sixty month 18 period. 19 The "u.ndue cost" referred to in the preceding paragraph is 20 hereby defined as follows: The cost to the City of Pasadena of 21 pumplng water southerly of Washington street and boosting the 22 same into the Sheldon-Brigden end the Calaveras-Santa Pnita 23 reservoir systems, in excess of the cost of pumping in the Monk 24 Hill Basln '~o the same reservoir systems. Such costs in each 25 case shall be the average unit operation and malntenance costs 26 per acre-foot to said city during its fiscal year, including for 27 lnterest and depreciation an aggregate of eight per cent (8%) per 28 annum of the historical cost. of all wells and pll1nts used durIng 29 each year in such pumping and boosting. It is hereby agreed that 30 the said Ten Dol1Elrs (~}10. 00) per acre-foot "undue cost It shall 31 continue unless modified from time to time by mutual agreement to 32 conform to the then actual prevailing cost. In the event any such 8. . .. - 1 modiflcetion ls requested, but ls not agreed upon by the p~rties 2 affected thereby, the matter may be referred to the Water Master ) for determination in accordance with the provisions of thls 4 Article VII not more often than at five-year ~nterva1s after the 5 date of the judgment entered in sald herelnbefore mentloned 6 action, and in accordance with the procedural provisions of 7 Article XVI hereof. Pending such determlnatlon the "undue cost" 8 then ln effect shall be paid, and upon final determlnation appro- 9 prlate adjustment shall be made ln accordance with such determlna- 10 tlon. The costs of such determinEtion shall be apportioned in 11 his dlscretion by the Water Master between the parties to such 12 dlspute and he shall have power to require, s.t any time prlor to 13 maklng such determination, any party or parties to such dispute 14 to deposit with him funds sufficient to pay the costs of making 15 such determination, provided, however, thet such apportionment 16 shall be subject to adjustment and refund by the Water Master and 17 to review by the court as provided in Article XVI hereof. 18 For the purposes of thi s article only, the court on its own 19 motlon or any party hereto pumping orothe~vise tp-king water from 20 the ground in said Monk Hill Basin, by notice of at least thirty 21 (30) days served upon all other parties hereto ptmping or other- 22 wise taking water from the ground in seid Monk Rill Basin, may 23 bring before the court ror consideration Changes in conditlons 24 affecting the safe yield of said Monk Hl11 Basin, and, in the 25 event mtlterial change in such safe yield be found, the court is 26 authorized t? determine the then safe yield of s~ld Monk Hill 27 Basin; provided, however, that no proceedlng seeking e new deter- 28 mination of such safe yield shall be had more frequently than at 29 fl ve-year intervals after the date of said judgment. 30 VIII. 31 All offers to release water and all requests for the release 32 of water shall be fl1ed with the Water Master. On or before the 9. .. 1 fifteenth:.day of May of eech year, the Water Master shall advise 2 those requesting water of the probable cost thereof. Any perty 3 desiring to Bmend Its request by reducing the amount requested 4 may do so within thirty days after the service of such notice. 5 Following seid thirty-day period, the Water Master ghall deter- 6 mlne lf sufficient water in ellch unit separately has been offered 7 to satisfy ell requests, and if not he shall reduce such requests 8 proportlonate1y in each unit separately. Not later than June 9 25th he shall advise all partles of the Quantities of water to 10 ba released by each party offering water and the 9r1ces at which 11 such water is offered, and of the quantities of released weter to 12 be taken by each party requesting wnter end the average price to 13 be paid therefor.. 14 IX. 15 From Bnd after the first day of July followlng, all water 16 pumped 01' otherwise taken from the ground in the Raymond Basin 17 Area by each party requesting the release of water shall be deemed 18 to have been water so released until the full amount released for 19 use by it shall have been taken, end no such perty shall be deemed 20 to have pumped or othenvlse to have taken in the Raymond Basin 21 Area any water under its decreed right so to do until said amount 22 of released water shall have been taken. Water pumped or other- 23 wise taken by any party pursuant to its request for the release 24 of water shall be deemed to have been taken in the Raymond Basin 25 Area by the offerer of such water under its decreed right to 26 pump or otherwise take water in said area. 27 X. 28 1. During each twelve-month period beginning July 1st, 29 either party taking released water ln the Eastern Unlt under the 30 provlsions hereof shall pay the price set by the other party, but 31 not in excess of the maximum price allowed under the provisions 32 of Article V hereof. 10. . - - 1 2. During each twelve-month period beginning July 1st, 2 water pumped or otherwise te.ken in the Western Unit under re- 3 quests for the release of water shall be deemed to have been ob'- 4 talned first from the party or parties which offered to release 5 water for the use of others at the lowest price per Rcre-foot, 6 and, if the quantity so obtained is less then the aggregate 7 requested by' all parties, the additional water requlred shall be 8 deemed in like manner to have been obtained progressively from 9 the rem13.1ning party or partles Offering the water at the next 10 lowest price or prices, subject to the following exceptions: 11 (a) The six parties named in Article VII hereof shall be 12 deemed to have obtained Welter re1eF"sed. by the City of Pasadena, 13 ln any amount not grenter than the excess quantity to which the 14 undue cost defined in seid Article VII is applicable, ln 11eu of 15 an equal quantity offered by any other party or parties at e 16 price or prices lower than the price offered by said city, when- 17 ever the total of all payments to be made by said six parties 18 for released water and for said undue costs would thereby be 19 reduced. 20 (b) All parties taking released water under the provi- 21 slons of this agreement in the Western Unit, excepting said six 22 parties taking water in the Monk Hill Basin, shall pay a uniform 23 prlce per ncre-foot for such water re1eesed, end said price shall 24 be the lowest possible averaGe prlce determined without regard to 25 the provisions of sub-paragraph (a ) above . 26 (c) The said six parties shall pay a uniform prlce per 27 acre-foot for water. released, and said prlce shall be the lowest 28 posslb1e average price determined with regard to the provlsions of 29 sub-paragraph (a) above and without modification of the price to 30 be pald by any other perty taking released water in the Western 31 Unl t during the same twelve-month period. 32 J. The Water Master monthly shall bl11 each party re- 11. - ... 1 questing we.ter at the applicable price so determined for water 2 taken under its request for the release of water, and payment 3 therefor shall be mode to the Weter Master within thirty (30) 4 days after the service of each such statement. If such peyment 5 be not made within said thirty (30) days such payment shall be 6 delinquent and shall bear interest at the rate of one (1%) per 7 cent per month untl1 peid. Such delinquent payment, including 8 lnterest, may be enforced ageinst any party dellnquent in pay- , 9 ment by executlon or as may be othennse provided in the judgment 10 or any order of court. 11 4. Promptly upon recelpt of such payments, the Weter 12 Master shall make payment for the water re1eesed and taken, first, 13 to the party or parties which offered such water at the lowest 14 prlce, and then through successive higher offered prices up to 15 the total taken; provided, that if under the provisions of para- 16 graph 2(a) of this Article X water is taken from the City of 17 Pasadena ln lieu of water offered at a lower prlce, the Water 18 Master shall make payment to said city for the amount so taken. 19 5. The Water Master also shall dlstribute the total 20 amount of any separate payment due the City of Pasadena under 21 the provislons of Article VII hereof in proportlon to the total 22 amount of water pumped or otherwise taken under requests for 23 the release of water by said slx parties end shall bl11 eech 24 perty at the unit price so determined and peyment therefor shall 25 be made to the Water Master within thirty (30) days after the 26 service of each such statement. If such payment be not made as 27 hereln provided such peyment shall be delinquent and interest 28 end enforcement of payment thereof shall be as provlded in para- 29 graph 3 of this Article X. Promptly upon receipt of sush pay- 30 ments, the Water Master shall make such separate payment to the 31 City of Pasadena. 32 12. . .. 1 n. 2 No taking of weter by any party under the provls10ns 3 of this agreement concerning the release and recelpt of water 4 in any amount in excess of its decreed right to pump or other- 5 wise take water from the ground in the Raymond Basin Area shall 6 constitute a taking adverse to any other perty; nor shall any 7 party have the right to plead the stotute of 1imitetlons or en 8 estoppel egelnst eny other perty by reason of its said taking of 9 weter ln the Raymond Besin Area pursuant to a request for the 10 release of water; nor shall such releese of water by any party 11 constltute a .farfeiture or abendonment by such party of any part 12 of its decreed right to water; nor sholl such release in any 13 wise coneti tute a wei vel' of such right, 81 though such water, .when 14 released under the terms hereof, may be devoted to the public 15 use of others; nor shall such release of water by any party here- 16 under in any wlse obligate any party so releasing to continue to 17 release or furnlsh weter to any other party or its successor in 18 interest, or to the public generally, or to any part thereof, 19 otherwise than as provided in Article IV hereof. 20 XII. 21 For the purpose of advising in the administration of the 22 provislons of thls agreement and s~ld judgment and asslsting the 23 Water Master in the preparation of the ennu~l budget, herein- 24 after provided for, an advisory board of not more than four per- 25 sons quallfied by trainlng and experience in the subject metteI' 26 of this agreement and Baid judgment is hereby authorized to be 27 created, one to be deslgnated by and to represent the psrtles in 28 the Eastern Unit, one to be designated by and to represent the 29 Glty of Pasadena, one to be designated by and to represent the 30 seven parties in the Monk Hill Basin other than the Clty of 31 Pasadena, and one to be designated by end to represent the parties 32 in the Western Unlt other than the City of Pasadena and other than 13. . - 1 sald seven pertles in the Monk Hl11 Basin. Eech such represente- 2 tive shell serve at the pleesure of thos partlclpating ln his 3 designation end such participation in the designatlon of a repre- 4 sentative and in the representation on the edvlsory board and in 5 the payment of the costs of said representation shall be optional 6 with the respective parties. Any party or group of parties at 7 their own expense sh~l11 have the rlght, el ther personel1y or 8 through 8 representative or representetives, to consult and advlse 9 wlth seid board end/or Water Master with respect to any matters 10 a'ffecting such party or parties. 11 XIII. 12 Each party hereto at its own expense shall: 13 (a) Measure and keep records of all of lts dlversions 14 from any source contributing to the supply of water in the ground, 15 of lts importations of water, and of its prOduction of water from 16 the ground in the Raymond Basin Area, subj ect to the approvel of 17 the Water Master as to equlpment and methods; 18 (b) Measure and keep records of its productlon end dis- 19 trlbution in such manner as to show its use in, transfers withln, 20 and exports of water from the Raymond Basin Area, or any sub- 21 divlsion thereof, as re~uired by the Water Mester; 22 (c) Measure and record the depth to the water table in 23 all wells owned or operated by lt withln the Raymond Basin Area 24 once a month, or as required by the Water Mester. 25 XIV. 26 In addition to other duties herein provided, the dutles 27 of the Water Master shell be: 28 (a) To supervise the collection, assembly, and presenta- 29 tlon of the records end other data required of the pertlesj such 30 records end other data to be open to inspection by any party or Jl its representetive during normal business hours; 32 (b) To require all partles hereto to operate their respec- 14. . - - 1 tive wells in a manner which will accomplish the stated purposes 2 of this agreement end will effectuate the judgment to be entered 3 in the action hereinabove mentioned without placing undue burden 4 on any party; 5 (c) To cooperate with the advisory board; 6 (d) To prepare in cooperation with the advisory board a 7 tentative annual budget for the fiscal yeer commencing July 1, 8 separately stating the anticipated expense for administerlng the 9 provlsions of this agreement for the release and recelpt of water, 10 and the anticipated expense of the adminlstration of the other 11 provlsions of thls agreement and of enforcing the judgment. The 12 Water Master shell serve said tentative budget upon each of the 13 parties on or before May 1 of each year. If any party has any 14 objection to said tentative budget, or any suggestions with respect 15 thereto, it shall present the SAme in writing to the advisory 16 board within ten (10) days after service thereof upon it. There- 17 after the Water Master, in cooperetlon with the advisory board, 18 shall prepare a final budget end serve the seme upon each party. 19 If any party objects to sald final bud&et it may make wrltten 20 objectlon thereto by filing its objection wlth the court wlthin 21 fifteen (15) days after servica of the same upon it, after first 22 having served such objection upon each party hereto, and shall 23 bring such objection on for hearing before seid court withln 24 fifteen (15) days after such filing, or at such other time as the 25 court may dlrect. 26 If no objection to said budget be made as herein provlded 27 lt shall be the annual budget for the particular year involved. 28 If objection to such budget be filed wlth the court as hereln pro- 29 vided, then the court shall hear said objectlori and the annual 30 budget shall be determined by the order of the court. 31 (e) To make an annual report on or before September 1 of 32 each year to the parties hereto of the scope of hls work during 15. .. 1 the preceding fiscal year ~nd a statement of his receipts and 2 expenditures in appropriBte detail, segreg~ted as to the ltems 3 attrlbuteble to the administration of the provisions of this 4 agreement respecting the release end receipt of weter, end es 5 to the items attributable to the administration of the other pro- 6 vislons of thls agreement and to the enforcement of the judgment. 7 ll. 8 In the event the court by order shall authorize the 9 Divlsion of Water Resources of the Department of Public Works of 10 the state of California to administer this agreement and enforce 11 the provisions of the judgment, said divislon shall do so through 12 the agency of a Water Master and such Deputy Water Master or 13 Deputy Water Masters EJS said di vi.sion may deem necessary; such 14 Water Master and deputy or deputies shell be appointed by sald 15 division from its employees at his or their established rates of 16 pay and shall be subject to the supervislon of sald division. 17 In such event the term "Water Mester" es used in this 18 agreement and in said judgment shall mean end refer to the Divi- 19 sion of Water Resources acting through the agency of such Water 20 Mastel' and Deputy WF.!ter Master or Deputy Water Masters, and the 21 fo110wlng provisions shall be effective during the period said 22 division shall be so authorized, notwithstandinB any provislon 23 ln thls agreement to the contrary: 24 (a) the division shall not be required to prepare a 25 tentative budget as provided ln paragraph (d) of Article XIV 26 hereof; 27 (b) the ennual budget shall be prepared by the dlvlsion 28 in cooperatlon with the edvlsory board prlor to December 15th for 29 the fiscal year commencing the fol1owlng July 1; 30 (c) money collected or recelved by the division in con- 31 nection with the release end receipt of water hereunder shall be 32 deposited by the divlsion in a special deposit fund and paid out 16. . 1 ln accordance with the provisions of this agreement; 2 (d) any contributions made or to be made by the State of 3 Californla, authorized by the provisions of any statute now exist- 4 ing or hereefter enected, for Weter Master service hereunder shall 5 be set forth ln t11e budget, and the amounts payable by the parties 6 hereunder shall be reduced accordingly. Such contributions and 7 all money received by 8aid divlsion from the perties for or on 8 account of water master service hereunder end any penalties co1- 9 lected under the provislons of this agreement or said judgment 10 shell be paid into the State Water Master Service Fund and the 11 total sum thus made available shall be subject to eA~enditures by 12 said division in performing said service and any money remaining 13 at the end of any year shall be available for use the followlng 14 year for such water master service; 15 (e) said division shall not be obligated to proceed with 16 water master service for any fiSCF.ll year: 17 (I) until after the budget submitted by it has 18 become final through the failure of any p~rty to 19 object thereto or hes been approved by the superior 20 court as originally submitted by said division, or 21 if amended or modified by the superlor court, is 22 deemed acceptable to said division, or 23 (2) unless the obligation of said division to 24 proceed pursuant to the preceding subparagraph (1) 25 hereof has otherwise occurred at least ninety (90) 26 days prior to the beginning of the fiscal year for 27 which said budget was proposed; 28 (f) said dlvislon at any time, not less than nlnety (90) 29 days prior to the termination of the current fiscal year for 30 which it is administering this agreement and enforcing said judg- 31 ment, may elect to discontinue its services thereunder S.t the end 32 of said current fiscal year upon serving notice of said election 17. . ... 1 upon the court and the pEn'ties hereto. 2 XVI. ) Any party hereto having objectlon to any determination or 4 finding made by the W8ter Master, other th~n as provided in para- 5 graph (d), Article XIV hereof, ruay make the same in writlng to 6 the Weter Master within thirty (30) days after the maklng of such 7 determlnation or finding after first having served a copy of such 8 objection upon each party hereto, end withln thirty ()O) days 9 thereafter the Water Master shall conslder said objection and 10 shall amend or affirm his finding or determination; any party ob- 11 jecting thereto within thirty ()O) days thereafter may file lts 12 objections with the court, bringing the same on for hearing before 1) the court within sixty {60l days thereafter, or at such other tlme 14 as the court may direct; after first having served said objection 15 upon ea ch party hereto. The court may affirm, modify, amend or 16 overrule any such finding or determin~'tion of the Water Master. 17 XVII. 18 Within thirty ()O) days after the appointment of the Water 19 Mester each of the parties hereto shall file with the Water Master 20 and serve on each party the name and address of the person to 21 whom any notice, demand, request, objection or the submisslon of 22 any budget and the annual report is to be made or given, end each 23 of said parties may change the name-and address of said person 24 from time to time by filing said changed name and address with the 25 Water Master and by serving a copy thereof upon each of the 26 partles hereto. 27 Any notlce, demand, request, objection or the submission 28 of a budget and the annual report required or authorized by this 29 agreement or by said judgment to be given or made to or served )0 upon any party hereto or the Water Master, shall be delivered or 31 mailed by registered mail postage prepaid to the person so desig- )2 noted at the address last filed with the Water Master by each of 18. . - - 1 the parties hereto as provided in the preceding paragraph hereof. 2 Such service by mailing shall be complete at the tlme of the 3 deposit in the United States Mall. 4 XVIII. 5 This agreement may be executed in counterparts (each counter- 6 part being an exact copy or duplicate of all other counterperts), 7 "md ell counterparts shall be considered as constituting one com- 8 p1ete orlginel agreement. All said counterparts shall be attached 9 together when executed by all the parties nffined ln Article IV 10 hereof and deposited wlth the Water Master who shall safely keep 11 the same and allow the same to be inspected at any reasonable 12 time by any party hereto. 13 XIX. 14 This agreement shall be effective upon the date upon whlch 15 the seme shall have been executed by the last party hereto execut- 16 ing the same, but shall not become operative until all the partles 17 named in Article IV hereof sh8.11 have sign0d the said agreement 18 or its counterpart, and the same shall have been approved by the 19 Railroad Commission of the State of Cdifornia, as to California 20 Weter end Telephone Company, e corporatlon, and thereafter the 21 said agreement shall be bluding upon end inure to the benefit of 22 cach of the parties hereto and each of its re~pective heirs, 23 successors and assigns. 24 XX. 25 Except as otherwise provided in Article IV hereof, each and 26 all of the covenants of this agreement shell be binding on each 27 party to this agreement for the maximum period of time permitted 28 by law as to each party. 29 Dated: 30 Attest: City of Alhambra, a Municipal Corporatlon, By 31 3.2 19. . - .. ~ 1 Dated: City of Monrovia, a Municipal Corporc.tlon, 2 Attest: 3 4 By President of the city Council and Mayor of the City of Monrovifl 5 Dated: 6 Attest: City of Arcadia, a Municipal Corporation, By 7 8 iliayor By City Clerk 9 10 11 Dated: City of Pasadena, a Municipal Corporation, Attest: By Chf,irman of the Boord of Directors. 12 City Clerk 13 Dated: 14 Attest: City of Sierra Madre, a Municlpal Corporation, By fdayor 15 16 17 18 19 20 City Clerk Dated: San Gabriel County Water District, Attest: President. Secrotary Los Flores Water Company Dat0d: 21 22 Dated: Rubio Cenon LAnd and Water Association, 23 ':>.4 Attest: By President 25 26 Dated: SecretAry Valley Water Company, ,; , ..1 28 Dated: E'lintridge Mutuel Water Company 29 30 Dated: j';;ire Lome r.lutuel Weter Company 31 32 20. 10 1 Dated: '2 Attost: .3 4 5 6 7 . Dated: 8 9 Dated: 11 Dated: 12 1.3 14 15 16 17 Dated: 18 Dated: lq 20 21 Dated: 22 2.3 24 25 26 27 Dated: 28 Deted: 29 .30 ,31 .32 Secretp.ry - El Campo Mutual Water Company, By President California Water & Telephone Company, Vice-president Assistant Secretar:,' CrO\~l city Ice Company, ROY'31 Laund.ry &0 Dry Cleaning COinpany, By Viee-president and Tret'.surer A. V. Wf.gner Ross M. Lockh~rt Chesley E. Osborn and Kathleen M. Osborn, First Trust & Sgvings Bank of P8sadene., By President By Secretary n. E. Huntington Libr81~ & Art Gelle!"J, By Chairman of the Board of Trustees .21. 1 2 Dvted: 3 4 5 6 Dated: 7 8 9 Dated: 10 11 12 De,ted: 13 14 15 16 17 18 Dot ed: Deted: 19 20 21 22 23 24 25 26 27 28 29 30 31 32 . ~ Lincoln Avenue Water Company, By President By Secretery Pasadena Cemetery Associ8tion, By Cenyon Mutual Water Company By Alice Graves stewart Katharine Craves Armstrong Francis P. Graves, Heirs at Lew and Residuary Legatees of the Estpte of Alice H. Graves, deceased. 2,2.,