Loading...
HomeMy WebLinkAbout1975-01-07; City Council; 3269; Water rights application 8205, permit 5228/// , fd 0- *l THE C ITY OF CARLSFAD, CALI FGR?>/ IA i * Aqenda Bi 11 tJO.2 _Lg Date -- January 7, 1975 3eferred To: 3a49 Subject : Submitted By: Water Rights Utilities/Maintenance Director i P-QPL\cPenoAl $bSIP&.lhn- sw0 -- S :3 tenent of, tht P!atte,- This item is being submitted to Council because the current permit issued to the City of Carlsbad by the State Water Resources Control Board expired on Decemfjer 1, . In addition to the application, the Board requires a rdsoluti n by the City authorizing the action of requesting an extension of time to complete use of water. The water right is for 1022 acre feet/annum (irrigation and domestic). The water right location is in the San Luis Rey. River Basin inside the City of Oceanside. Studies are being conducted with the State Dept. of Fish and Wildlife to determine if the water can be used to replenish evaporated and percolated water in the Buena Vista Lagoon (Bird Sanctuary) until such time as the water can be used for other City purposes. .- Exhibit .. .- A. Application for e t-nsion of permit for c B. Resolutionr No. .#c& ater rights. i .: Adopt a motion approving Resolution No. 3*<1f .. Date: January- 7, 1975 . -. .. .. I .. .. .. . . Concur with sfaEf recorninendation.. .- : . .. I- .. .. .. -. .. .- c _. ._. .. Council Action 1-7-75 Re 'aP solution #3568 was adopted, authorizing City Manager to make plication for extension of permit for water, rights:' -. 0 . .. .. . .. C i TY OF CARCSEAD Supp 1 ernent to PET I T I ON FOR EXTENS I Ciid OF T I t4E SUBJECT: City of Carlsbad's justification for extension of t ime. BACKGROUND: The City of Carlsbad has a long history of water extraction and diversion fro3 wells located in San Luis Rey Rive+ Missi'on Basin. (See Exhibit 'IA'I). Use of the water by the City began in 1913 when wells were drilled 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 prescri.ptive rights to pilmp 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 Water Co. a title to application No. 8205, permit No. 5223. 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 fsp.both 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 utiliza- tion af these ground waters, both under the pre- scriptive and State of California permit rights. i The factors which have affected the City's rights may be summarized as fol lob*~s: 1) Lack of adequate rainia.11. In the 1940s a dry c,p~!ll in thc: annual rainfa i;i reducing the supply to tne Sari Luis basin. This dry spz?l extcilclcd ove'r a period. 2) Population The increased populat middle 1 resulted Rey Eivcr twenty year on in thc al-ea of the water basin increased the deiii3::rl for the rirater. t 3) Increase in Plinzral Conrent The lack of rainfa1 1 and increase in population reduc2s.d the ~ater table in the San Luis. Rey Basin, thereby allswing salt intrusion to increase and raise the overa'tl mineral content of the basin. 4) Non-Tributory (Colorado) Water The intro- duct'ion of Colorado water into this area in the late 1940s reduced the depen.?ence of the City on waters fron the San Luis Rey. 5) Discharqe of Effluent In 1958, the City of Oceanside, under the gu'idance of the San Diego Regional Water Qual ity Control Board, corninenced discharging effluent into the Nission 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 contentof water in the basin continued to be at a level in excess of public health require- ments. (See Exhibit "B") 6) State Department of Public Health In 1966, the State Department oi Pub1 ic Health requested the City reduce its use of water from San .Luis Rey due to the high mineral content. .7) Construction In the past year the City completed 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 'IC", - a multi-million dollar modernization of its water The result of all these factors discussed above is that the City ha's not extracted or - diverted any water fron the San Luis Rey since 1970. ]he only factor that is presently preventing the City fron fuI.ly utilizing'the ground water is the water quality. The State of California, through its San Diego Regional Quality Control 6oard, has studied the problen in the San Luis Rey Essin and has issued a policy directive (1968). This policy directive recomrnends that entities concerned should join "together to determine a plan for the management of the basin." The City has joined this organization now called the "Sari Luis Rey \r!atersh?d Planning Agency". As a sicjn- ature to the joint powers agrcenient for the agency, the City has contributed time and funds to find a so)ution 4 to the overall problens of th~ Sasln. The City, as has been stated, IS only concerned with the water quality frorn th- San Luis Rey River, there- fore, it is currently considering alternativss which may lead to the full utilization of this watzr-. These altzrnatives may be summarized as follows: 1) Mix the water extracted fr.orn the San Luis Rey River with non-tributory water obtained from other sources. 2) 6ui Id a demineral ization plant. 3) Join in efforts of other municipalities to deminer- a1 ize 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 the City has utilized water under this perrnit in the past; has acted in good faith in following var,ious State agencies' guidance and directives for proper utilization of .the water; and ha5 modernized the facilities utilized under this permit; has joined with other entities for the betterment of the San Luis Rey River waters; and finall'y has out1 ined several courses of action it is anticigated will result in the full and beneficial use of water under this permi t. RECOMMENDATION: That the City of Carlsbad be granted a three year extension of .tine 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. , t . .. '1 ... ..... ..... I ., may decomt ixfectecl somehow &ring *e pro6uctfGii or after introduction .into*..' ~, -. file distiibution system;' ............ ..... :. __ ... ., .. ... .... ... :._ .... ...... ... ... . .:. : - .. .. ... .- .- .. . ._ _. . : . : '. .. ., - , .. .- .. - .. .- - I. .. .. -. .. .. 2. San Luis Re). Ground lKv7ziter - -. . . .. .. .. -. - 22 - F ! E ......... _. ..... :.- .. .... . _I .. .. ... ..- .. . .. .... ... ,. . _. . .' , . ,. .. .. _. ... .. ..... . :. . .._ .- .. .- . 2,565 . . 2,965 ... .... ... . . I _. . .... -. .. .. . _. . .... .. .. .. .. . -. . . ,. .. .. .. .. ... ... .. .: .. .. .. .. ... .- .. , .. .. .... 3,293 :. .... -.'1,30& . :. .' ... .. 7. . ... .. .. -.i ... ... ...... _. .- ... .-._i 2,253 - - :. ... .. .. .. .. .. .. e??- 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 _’ , /t -’ RESOLUTION NO. 3568 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 5205, 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 7th day of January , 1975, by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis and McComas NOES : . None ABSENT: Councilman Skotnicki .3 f ATTEST :