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HomeMy WebLinkAbout1973-11-07; City Council; 2202; San Luis Rey River Mission Basin Water Rights Water rights application 8205, permit 5228.’ c .- TPJF CJTY OF CARLSPAD, CALIFORPJI” 1, ‘ /,- D Ac,enda Bill \io. a25& aaoa- Referred To: UateNovernber 7. 193 -- Sub j ec t : Submitted By: WATER RIGHTS Acting Public Works .St& Director ~ -- Statement of the Matter This item 2s being submitted to Council because the current permit issued to the City of Carlsbad by the State Water Resources Control Board expires on December 1, 1973. In addition to the application, the Board requires a resolution by the City authorizing the actidn of requesting an extension of time to complete use of water. Exhibit A. Application for extension of permit for water rights B. Resolution NO. -3366 Staff Recommendations to the City Manager Adopt a motion approving Resolution NO.3u. . AB No. 0 ,.. . _- Date: November 7, 1973 .. City filanager's Recommendation -c .. .- .. PrDtection by a City of its water rigfits is very important in California and it.is recommended,to the City Council that a resolution be adopted authorizing the City Manager to file . a petition for-an extension. of ti'me on Application 8205, -Permit 5228 with the State Water Resources Control Board .- appropriating water in the Mission Bash. It-is recommended that this resolution be adopted. .. .. Council Action 11-7-73 ' Resolution #3266 authori.zing City Manager to -file petition with State Water Resources Control Board for. extension of time of application 8205, Perrni t 5228,- adopted. C 1 TY 0.F CARLSBAD Supplement to PETITION FOR EXTENSION OF TIME ( Appl ication 8205, Permit 5228) SUBJECT: City of Carlsbad's justification for extension of time. BACKGROUND: The City of Carlsbad has a long history of water extraction and diversion from wells located in San Luis Rey River- Mission Basin. (See Exhibit "A" ) . Use of the water by the City began in 1913 when we1 Is were dri 1 led and pumped adjacent to the San Luis Rey River. These prescriptive rights were .contested by court action. (No. 184855- Superior Court of San Diego). The judgement of the court gave to the City the prescriptive rights to pump 2,382 acre feet per year from the San Luis Rey, In addition to.these prescriptive rights, the City . received from the old Carlsbad Municipal W3ter Cc. a title to application No. 8205, permit No. 5225. This permit, dated October 7, 1938, authorizes the City to extract and divert 5 cubic feet per second - of'water from San Luis Rey River basin provided that the water table level is above 10 feet. The City, as has been stated, has utilized the water from San Luis Rey fsK5oth domestic and irrigation purposes for the past sixty years, how,- ever, in the past twenty years, there have been many factors which have affected the full uti1 iza- tion of these ground waters, both under the pre- scriptive and State of California permit rights. The factors which have affected the City's rights may be surnm3rized as follows: 1) Lack of' adequate --- rainFa11. In the midcllc 1940s a dry spzll in thc annual rainfall resulted in reducing the supply to thc S,?n Luis Rey River basin. This dry spell cxtendcd we? a twenty year period. 2) Population The increased population in the area of the water basin increased the demand for 3) Increase in Mineral Content The lack of rainfall and increase in population reduced the water table in the Ssn Luis Rey Basin, thereby allowing salt intrusion to increase and raise the overall . mineral content of the basin. . the t4irater. 4) Non-Tributory (Colorado) Water The i,ntro- duct.ion of Colorado water into this area in the ' late 1940s reduced the dependence of the City on waters from the San Luis Rey. 5) Discharqe of Eff:uent In 1958, the City of Oceanside, under the guidance of the San Diego Regiopal \\later Qual ity Control 5oard, commenced discharging effluent into the Mission Basin of the San Luis Rey River. The purpose was to raise the level of the water table in the basin. The water table was raised in the basin due to this effort, but mineral content of water in the basin continued to be at a level in excess of public health require- ments. (See Exhibit 'lB1l> . 6) State Department of Public Health In 1966, the State Department of Public Health requested the City the high mineral content. .7) Construction In the past year the City completed ,a. multi-million dollar modernization of its water works which included that portion serving the wells in the San Luis Rey Basin. The City, as part.of the initial phase of this project, hired a consulting firm to look at the entire water system. The recommendations they made, in regard to San Luis Rey, are contained in Exhibit "C". . reduce its use of water fron San Luis Rey due to The result of all these factors discussed above is that the City ha's not extracted or diverted any water from the San Luis Rey since 1970. ihe only factor that is presently preventing the City frorn fully u'tilizing'the ground water is the water quality. Quality Control Board, has studied the problem in the San Luis Rey Basin and has issued a policy directive (1968). This pol icy directive rccornmnds that entities conccri7e.d should join "together to determine c7 plan for the managcirient of the basin." The City has joined. this organization now called the "Sari Luis Rey Watershed Planning Agency". As a siyn- ature to the joint powers agreement for the agency, the City Iias contributed time and funds to find a solutiori - 8 The State of California, through its San Diego Regional * - - .o the ,era11 problek of the b;l- The City, as has been stated, is only concerned with the water quality from the San Luis Rey River, therc- fore,. it is currently considering alternatives which may lead to the full utilization of this watct-. These alternatives may be summarized as follows: 1) Mix the water extracted from the San Luis Rey River with non-tributory water obtained from other sources. 2) Build a demineralization plant. 3) Join in efforts of other municipalities to deminer- alize the San Luis Rey water. 4) Use water rights upstream in Bonsall area which should have a lesser degree of mineral content compared to Mission Basin. CONCLUSION: It has been established that t'he City has utilized water under this permit in the past; has acted in good faith in following various State agencies' guidance and directives for proper utilization of .the water; and has modernized the facilities utilized under this permit; has joined with other entities for the betterment of the San Luis Rey River waters; and finally has out1 ined several courses of action it is anticipated will result in the full and-beneficial use of water under this - permit. RECOMMENDATION: That the City of Carlsbad be granted a three year extension of .time on its permit No. 5228 in order to develop a course of action for full utilization of water under this permit that will not only meet State requirements, but will also benefit the citizens of this municipality. c . ... .. . . : .. .. .. ._ .. . : _. .. ... .. ...... .... ... .. ..... L. .. - ... .. ... .... .... ... .. .. ... 8. , . _, .... I : . . : , -. ,. . .... . -. .. .. .. .. .. ... .* .. .. .... .. .. .. .. '.. ' , .. ,. .. . ._ .. ... .. .. .. ... .. ... _. . . _._ _. ... c,--/c//ufj AS/C'dU i 77 &/2LS//A a. (/<u&y7i+ i; ' 5 .&Jf- LT/*h ~3;ccjI/N:w.~r -. d L stai~iag of fixr.re3 at less *-as 1, O mg/L. craps. rnoqlobinerxia, ir, infacts. Finzfly, corzl~-~n de teyg ects {dky: ben-.er?e slzlionatr) bzgin io 272e.zr 25 ioa-tn zt a50ut I. 0 mAg/L, a ~~o%]e~-rr II? reclaimed wrste watitrs thn in natcral waters. Eoron at tkis level is toxic to sevzrzl Sitrzte above 50 mg/L m-ry provoke a hazmfd blood condition, merhe- c. inese suSs:a.nces zre mar3 often More k-portant than aily cheziczl sz3stance are p+C-xgenic 5ioioziczl zgents. except when :hey aie ?res en; i= izzssive coxceztrations, ihe coliiorm 52c:eria zre used as ~Z&C~~OTS. blooded wjz~zls, zild their a~pea;-iiilcz b water t5l.sre2oze s-ttgges:s poliucio= 5y sewage, because of the eiiective iilte~ing zctia.sl prov;,ded 'by "Lie ezrth sedim-nts, the oilier hand, surface waters rarely escape occasions poll~tion, Pubiic water supplies. both ground asld sxirface,' are customariiy 6siSected by cldorinstion as a precautiozary measure. Even grotrnd water which is initially aaeteria-fzee may become illi'ecteci somehow &ring the production or aiter introduction into- . Since it is very di2ficclt to detzct specific dlseas e-producing orgzxisnzs CO~~~QT~S idktshit tie iztes57al t=tCtS of 231 W2i-m- Nat.d=al groucd w2ters rarely cozit~in pLkoge3ic micioorg2CismS 02 the distri'oution system, ., -. .. .. -- Turbidity In water is objectioaable from an esthetic sitnzpoint, .and it also interferes with disiafdction by providing the organisms vith "niches" in which they m2y esczge direct 2ctioz of the chlorine. Most sullftce wzters conkin considerable turbidity from ixrbdent con"dct with ri-ver and lake se2inei1ts, Filtration for turbidity removzL may therefore be considered a health protection measure as well 2s 2 means fur improviq rhe wzter's azearzrzce, the State Department of Public riealth permits chfori=tio=z 2s the only trestrnezt for domestic use of Colorado River wateT-, strict, however, the policy wiiL be to re+ie double ctrlorlzztion for 212. c.-r;='Lltered- At present . . As hedth stan2arcls decorne more -. ........ .. - .. ... ... ... ... ... ......... ........... ... .- . -- .. -. .... .. .- .. .. ... ......... ... ... .:. ......... ... .. :. :. ... .. :. .. .... ... ... ,- ... .. .. .. ... .. .. ... ... .... .. .. .' . . .- . I. .. .. sur>pIie s. SpuRCES 0' SUPPLY .. . .I .. .. .. .. .. .. .. .. - .. ' .. ' . .. .. . The available sotzrces may be divided iato &Fee g~oz~sr (1 } Local grotrild ' and sxriace water, (2) the Cazlsbad Mtloicipal Water District, 2nd (3) 2xotic .. production methods such as sea wzter conversioiz azct sew",ge reclzmation, ia51e IV-3 indicates the a_uzlit-y of sevezal 02 the natilrai socrces, and fable IV-2 coztzins estimated quarrtities availeble znd coszs of ?rodaction, rr 3. LocslI Sup?Iies a, San Lgis Re>- Ground IVzter I - 2c - 1. .. .- _. .. -. .. .. .. . I . '_ - .: . ..- . rninerzl concentration. .. . :_ . . .. -. .I .. . .. _.- . . -. . ., .. . . . ... *. . .. . .. " Siiice 1958 t3e Ciw. of Oceanside Ets been $u~=lping treated sewske to Vfielan Lake, fiorn.where it overflo-cw irrto the Ssn Lzis Rey Rive;- 2nd Fer- cohtes into the ground.. At present the volw-e of sewzigz recharged is over 2700 acre-feet per year, Tie State Depart=;lent of Water Resources, under . - - 22 - -- -- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 F 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 3266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING AND DIRECTING CITY MANAGER TO FILE PETITION WITH STATE WATER RESOURCES CONTROL BOARD FOR EXTENSION OF TIME OF APPLICATION 8205, PERMIT 5228 RESOLVED by the City Council of the City of Carlsbad that the City Manager is hereby authorized and directed to file a petition for an extension of time of Application 8205, Permit 5228, with the State Water Resources Control Board, to appropriate water in the Mission Basin. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 7f.h day of -, 1973, by the following vote, to wit: AYES : Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSENT : None. %de&” DAVID M. DUNNE, Mayor ATTEST :