HomeMy WebLinkAbout1959-01-20; City Council; Resolution 485r
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RESOLUTION NO. 485
RESOLUTION OF THE CITY CUUNCIL OF THE CITY OF CARLSBAD REQUESTING
EXTENSION OF TIM33 TU COMPLETE
BENEFICIAL USE UNDZR WATER BIGHTS PERMIT.
WHEREAS, on the 1st day of August, 1958, the City of Carlsbad
acquired all the assets of the Carlsbad Mutual Water Company, and
WHEREAS, included among the assets of said Carlsbad Mutual
Water Company was Permit No. 5228, issued by the State Division of Water
Resources of the State of California, which permit was amended by sub-
sequent orders dated June 13, 1941, December 23, 1941 and October 9, 1942,
and
WHEREAS, on August 8, 1958 the Carlsbad Mutual Water Company
advised the State Water Rights Board that they had transferred to the City of
Carlsbad all their right, title and interest in and to Application No. 8205,
Permit No. 5228, and
WJZREAS, the City of Carlsbad received a timely request from
the State Water Rights Board for the City of Carlsbad to renew its application
No. 8205, Permit No. 5228, and
WHEREAS, the City of Carlsbad further believed that it had pending
before the State Water Rights Board, as successor of the State Division of
Water Resources, an application to construct a dam for the storage of water
at the Bonsall Narrows, in the San Luis Key Water Shed, and
WHEREAS, due to the massive transfer of documents involved in
the acquisition by the City of the assets of the Mutual, certain of the vital
records of the Mutual were not readily available to the City of Carlsbad, and
WHEREAS, at the time that the City of Carlsbad received the forms
to renew Application No. 8205, Permit No. 5228 they in good faith and
honestly believed said application and permit to relate to a previous applicatior
and permit that had been given to the Carlsbad Mutual Water Company to
construct the aforesaid dam at the Bonsall Narrows, and
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WHEREAS, on the 7th day of January, 1959, the City was advised
that Application No. 8205, Permit No, 5228 did not relate to the construction
of a dam at the Bonsall Narrows but in fact related to a permit to divert
750 acre feet of water per year from the Mission Basin, in accordance with
the terms and conditions set forth in said permit, and
WFIEREAS, the City Manager on the 8th day of January 1959,
requested the State Water Rights Board to delay action on Application No. 8205,
Perm-it No. 5228,
NOW THEREFORE the City Council of the City of Carlsbad DOES
HEREBY RESOLVE as follows:
1. That the motion of the City Council of the City of Carlsbad
adopted at the regular meeting of November 18, 1958, which stated as
follows :
That the City not renew Permit No, 5228, and that It
the City Manager be instructed to inform the State
Water Rights Board that the City does not wish to renew their permit. I?
is hereby rescinded, cancelled and annulled.
2. That the action of the-City Manager on January 8, 1959, request-
ing the State Water Rights Board to delay action in revocation o Permit No.
5228, be, and the same is hereby ratified and approved.
3. That the City Manager, acting in the name and in behalf of the
City of Carlsbad, is hereby authorized and instructed to request from the
State Water Rights Board a further extension of time to complete beneficial
use of Perpit No. 5228.
4. That the City Manager be authorized and instructed to make a
showing of good case for submitting such request after the extension hereto-
fore granted had expired.
5. That the City Manager be authorized to employ a consulting
engineer to aid and assist him in the preparation of such application, and the
making of such showing.
6. That the City Clerk be authorized and directed to mail certified
copies of this Resolution to the State Water Rights Board, Jennings, Engstrand
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and Henrikson, Attorneys at Law, and Edward F. Dibble.
PASSED, APPROVkD AND ADQPTED BY the City Council of the
City of Carlsbad at a regular meeting of the City Council held on the 20th day
of January, 1959, by the following vote, to wit:
AYES: myor Ledgerwood, Cowoilmen Grober and Helton, aad
NOES: Hone Councilwomen Someman and Coats,
ABSENT: None
C arlsbad, Calif or nia
ATTEST:
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J. H, PRICE, City Clerk
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J. H, PRICE, City Clerk
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