12 pages (includes illustrations and map)

Fossette, Carl F.

English

Colorado Law

University of Colorado Law School Colorado Law Scholarly Commons Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) 1981 6-8-1981 Physical/Political Solutions to Groundwater Management Problems: Outline Carl F. Fossette Follow this and additional works at: https://scholar.law.colorado.edu/water-resources-allocation-laws-and-emerging-issues  Part of the Agriculture Law Commons, Animal Law Commons, Contracts Commons, Dispute Resolution and Arbitration Commons, Energy and Utilities Law Commons, Environmental Law Commons, Indian and Aboriginal Law Commons, Legislation Commons, Litigation Commons, Natural Resources and Conservation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Oil, Gas, and Mineral Law Commons, Property Law and Real Estate Commons, Recreation, Parks and Tourism Administration Commons, State and Local Government Law Commons, Urban Studies Commons, Water Law Commons, and the Water Resource Management Commons Citation Information Fossette, Carl F., "Physical/Political Solutions to Groundwater Management Problems: Outline" (1981). Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11). 12. https://scholar.law.colorado.edu/water-resources-allocation-laws-and-emerging-issues/12 Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.     Carl F. Fossette, Physical/Political Solutions to Groundwater Management Problems: Outline, in WATER RESOURCES ALLOCATION: LAWS AND EMERGING ISSUES (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law 1981).  Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School.  OUTLINEPHYSICAL/POLITICAL SOLUTIONSTOGROUNDWATER MANAGEMENT PROBLEMSBY/--	 CARL F. FCSSETTE, esq., VICE CHAIRMANTHE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIATHE UNIVERSITY OF COLORADO SCHOOL OF LAWJUNE, 1981PHYSICAL/POLITICAL SOLUTIONS TOGROUNDWATER MANAGEMENT PROBLEMSIntroductionA. The Southern California experience in ground-water management extends over the past 40years and still continues. The objective, ofcourse, is to insure the present and long termuse of basin supply on a fair and equitable basis.B. All of the basins in southern California areunder management control but in each instancea different approach has been used to;1. overcome political problems,2. acquire management tools;3. provide institutional control, and4. apply legal solutions to problemsencountered.C. Each basin presents unique problems and thephysical solution should be especiallydesigned to solve them.1. To be most effective management shouldbe developed locally and administeredlocally.II The Raymond Basin Adjudication. 1 A land mark caseA. The circumstances leading to litigation.1. basin overdraft and depletion2. an assured supplemental supply3. new production from the common pool.1 City of Pasadena vs City of Alhambra et al 33Cal 2d 9081C1B. The Judgment. 2 entered 19441. The Doctrine of Mutual Prescription2. its influence on following adjudication3. the race to the pumping plant4. the old rule "first in time, first inright" no longer applied5. a new formula for determination ofwater rightsIII The San Gabriel River watershed and its inter-connected basins.A. The hydrology of the underlying interconnectingbasins.1. West Basin2. Central Basin3. Main San Gabriel BasinB. Groundwater problems start at the end of thestreammetem and progressivel move upstream.1. West Basin problems in the 1940's2. Central Basin in the 1950's3. Main San Gabriel Basin in the 1960'sIV West Basin efforts aimed at total management.A. Basin investigations and findings, byUnited States Geological Survey and others.2. The Doctrine of Mutual Prescription was latermodified in the case of City of Los Angeles vsCity of San Fernando, sup. ct case no. 6500791968, by holding the the rights of publicentities may not be prescripted.K21. litigation over water rights, 3 Oct. 19452. Water Users Association formed, 19463. findings in the Referee's report to theCourt4. Three public elections called to forma special district and join theMetropolitan Water District.V.	 Central Basin confronts its groundwater proplems and profits from the West Basin experience.A. A water users association is formed, 1950,and it takes charge by sponsoring;1. successful campaign to form a specialDistrict, 1952, followed by anotherelection to join Metropolitan WaterDistrict, 1954 (3 to 1 majority vote)2. special legislation to provide essentialgroundwater management tools3. formation of a water Replenishment Districtto manage both West and Cnetral Basins 19594. Adjudication of Central Basin waterrights 4 in an action filed by theReplenishment District as plaintiff,1962.3 California Water Service Co. et al vs City ofCompton et al, LA County sup. ct. case 5068064 Central and West Basin Water ReplenishmentDistrict vs Charles E. Adams et al, LA Countysup. ct. case no. 78656, January 2, 1962K 3VI The Main San Gabriel Basin, closest to the sourcesuffers overdraft, depletion, and related problemsincluding the threat of litigation by the lowerbasin.A. As a step following the example of the lowerbasins, a water users association is formed,1957, to survey the problems and recommendsolutions including;1. organizing a special district to beannexed to the Metropolitan WaterDistrict2. use of the supplemental supply thusobtained for basin replenishment3. a means of providing funds for thepurchase of the needed supplementalwaterB. The cities of Long Beach and Compton joined byCentral Basin District file a complaintagainst major producers in San Gabriel basinto determine their rights and obtain a fairdivision of the waters of the San GabrielRiver between the upper and lower basins,51959.1. Judgment entered under Stipulation,1965, providing that upper area furnish"makeup" water to the lower area, orfunds to purchase it.2. the Court retained jurisdiction andappointed a Watermaster to administerthe Judgment.• 5. Long Beach et al vs San Gabriel Valley WaterCo., et al LA County. sup. ct. case no. 722647K4C. A special district is formed in Main SanGabriel Basin. 1959, and is annexed toMetropolitan water District in 1963.1. the new District obtained legislationauthorizing itIolevy pumping assessmentson basin producers to purchase "makeup"water for the lower area2. the District filed an action to adjud-icate all water rights in the main basin61968, and the Stipulated Judgment, 1973,allocated a percentage of the "operatingsafe yield" of the Basin to each of theparties in accordance with their rights.3. the "operating safe yield" is determinedeach year by a Court appointed- WatermasterCommittee of nine members.4. the Court authorized the Watermaster tolevy a "net" pump tax on partiesexceeding their pumping allotment.VII Salt Water Intrusion in the coastal areas ofCentral and West Basins threatened to engulfportions of both basins because of overpumpingin the 1949'3 and 1950's.A. The County Flood Control Act was amended,1951, to authorize water conservationzones of benefit with a 50 maximtm prop-erty tax.6 Upper San Gabriel 'Valley Municipal WaterDistrict vs City of Alhambra et al,LA County sup. ct. case no. 924128K51. Zone I was formed in Central Basinto provide funds for purchase ofimported water for replenishment byspreading2. Zone II was formed in West Basin tofinance construction of a fresh waterbarrier to repel sea water, comprising94 injection wells,256 observationwells over 11 miles of coastline.Cost $20 million.B. A second barrier was later constructed inWest Basin at the mouth of Los AngelesRiver in the harbor area, and a third barrierwas subsequently installed at the mouthof San Gabriel River in Central Basin.1. fresh water for injection is purchasedby the Replenishment District withpumping assessments funds2. the barriers were constructed and areoperated by the Flood Control Districtfrom general fund taxes3. sea water intrusion is no longer athreatVIII The Judgment in the first West Basin Adjudication action was entered by Stipulation of the partiesin 1961 and Judgment in the second Adjudicationwas entered, also by Stipulation, in 1966, Theoriginal filing was in 1945, and the cost has beenestimated at $5 million.K6A. Previously, 46 major producers agreed tocurtail pumping by 39% in 1955, as a meansof saving the Basin. The Judgment cut backall pumpers 30%. The Court retained juris-diction and appointed a Watermaster.IX The Judgment in the Central Basin case was entered1955, 2% years after filing the action and thecost to the parties was relatively modest sircethe Replenishment District paid the plaintiff'scosts as well as the cost of engineering services.A. Central Basin parties signed an interimagreement to voluntarily reduce pumping by20% nine months after the action was filedand the Judgment enforceda30% reductionin all pumping.1. Delivery of "makeup" water by theUpper Basin combined with artificialreplenishment with imported waterenables Central Basin to furnish 70%of total demands from the groundwatersupply. Metropolitan supplies thebalance through service connections.2. surface water requires treatment, ($25per acre foot) groundwater does not.The Basin serves as a distributionsystem, pipelines for delivery arenot required.K73. the Replenishment District manages theBasin and the Court appointed Watermasterenforces provisions of the Judgment.X	 The interconnected basins along the San GabrielRiver are now managed by local institutionsadministered by locally elected Boards ofDirectors.A. The present and long term use of the basinsupply on an equitable basis is assured.1. artificial replenishment by spreadingand injection maintain water tablesat safe levels.2. water rights are determined and pro-tected.-3. they have value because they can besold or leased within the respectivebasins.4. pumping assessments provide funds topurchase imported water forreplenishment.5. a reserve supply is stored under-ground in case importing aqueductsfail, or other emergencies occur.K8no'LOS ANGELES•LL4JIIINHiL LT•0 IL 11111041111140-0011•1110	 /60HACH4.•-010 11041•11o101•11•10i1SI•IL•110104	SiStairA /a	 A1010LEGENDSOLINOMIT SI r . l C AAAAA L ANDmm WI ST •SSIS Han. AI•L IN,SHSCDISTAICI	 ,1/4399 tatu1/41	AI0/1011•1•T	 (Sot	 COOK{ AL CD FAULT°LOWS 66666Min Pal.* lie	\‘.41SOCiv it s	 rf 080	 04 r..•ttADAPTED FROM FLAIL $ DEPARTMENTOF WATER RESOURCES REPORT ONPROPOSED CENTRAL AND WEST DASNiWATER REPLENISHMENT DISTRICT1959le CENTRAL and WEST BASINSASCOMPTONItSAN GABRIELMOUNTAINSWHITTIERNARROWSNEWPORT, INGLEWOOD -UPLIFTWEST BASIN CENTRAL BASINSAN GABRIEL VALLEY BASINHERMOSABEACHa.	 REDONDOBEACHOCEAN INSea LevelPUENTE HIL,.: SAN GABRIEL VALLEY_,Sy. , ...Unconfined Groundwater Basin/1114,• .....Confined .GroundwaterBasin 40 ,SILVERADO ZONE/.Miler Bean i	 Sand and Gravel• -4'2: -11.1-;17"2	 •TORRANCE WELL NO.1Elev. of Ground Surface 104f t.Depth 570 ft.DIAGRAMATIC SKETCH OF THE SILVERADO ZONE IN CROSS SECTIONAN I NJECTI ON WELL WEsra-lEsTER (L.A.)so"ser.e._WINN 1 llitNil/	MERGED PRESENT AND FINAL. GPADIENESROMC( 	 14---1-••-;••illtIMPERVIOUS FORMATION (CLAY)	 . ISSNco°FRESH WATER (3EARINCr (SILVERADO) ZONESANDS AND GRAVELS OPEN TO THE SEA.aristialissiGRADIENT TO CONTINUELANDWARD FLOW OFECTED FRESH WATERnnn	 i n Vi ri 11 • 11gallonma, Creek EL SEGUNDONL. A. AIRPORTMANWATTAN BEACHHERMOSA BEACH REDONDO BEACI+INGLEwooD LENNOX GARDENA1-1Aw-ruORNELAWNDALETORRANCE SAN PEDRO LOMiTA-WILMINGTON L ON 0-BEACH: 71• i—•Ia•di	 )6.-... I a SEA LEVEL	 --...4:.:"".".4F!".".";:',.. 	 ::if:t7t ........... tr.—:-•....4.....4,:ftr..4?::•:::::+.;;...;•“4:::. 411....- 1,4 ;451 .NT P—RESSDRE '....•::.'GRADIENT	 .4 r.-•	 • .-- .. . :::-. • 1FINAL PRESSURE GRADIENT'WITH INJECTION WELLS INOPERATIONSEA LEVELgISH)/Are ArrWATER INI- RusloN ANDFRESH WATER OUTFLOW/11/1APPROX IM ATELY HERE.Art _Jec 4- ion Well, Adapted from the west Bas,q nn	 tel Tntrijsirin. Ilmarnh. 1951.GRADIENT TO HALT SEA atoWater Association, Fresh Water Dikes tr Lit

Physical/Political Solutions to Groundwater Management Problems: Outline

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Physical/Political Solutions to Groundwater Management Problems: Outline

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