Page 10 - Beaumont Basin Watermaster

He then presented a Preliminary Recharge and Recovery Scenarios Technical
Memorandum, which provides five different scenarios for evaluating areas of recharge
and potential water losses and recoveries from the basin, given a number of different
conditions. There was some

B. Report from Legal Counsel - Keith McCullough, Alvarado Smith

Legal Counsel Keith McCullough stated that he had nothing to report beyond the
agenda item he would be commenting on later.

VI. Discussion Items

A. Consideration of Resolution No. 2017-02 Approving the Transfer of Overlying Water
Rights to Specific Parcels – Oak Valley Partners [Memorandum No. 17-22, Page 3 of
22]

Recommendation: That the Watermaster Committee approves Resolution No.
2017-02.

Engineer Blandon presented a map showing the parcels owned by Oak Valley
Partners and pointed out that the parcels in blue are those listed in the
Resolution.

Legal Counsel McCullough provided his firm’s opinion that all designated
quantified rights in the original judgment are subject to adjustment based upon
a re-determined safe yield, and that it was well-contemplated within the
judgment.

Member Joe Zoba moved to approve Resolution 2017-02.

Member Tony Lara expressed the Beaumont Cherry Valley Water District’s
desire to have return flows be credited back to an appropriator based on
development and other activities in that service area. That led to a discussion
among the Members and Engineer Blandon about the Watermaster’s current
methodology of accounting for return flows.

Judy Bingham expressed her opinion regarding the involvement of the law firm
AlvaradoSmith in the decision to transfer water rights. She shared her opinion
regarding the validity of the 2004 adjudication of the Beaumont Basin, and the
formation of the San Timoteo Watershed Management Authority (STWMA) and
this Watermaster Committee. She stated that Oak Valley Partners transferred
all of their water rights over to the Beaumont Cherry Valley Water District to
provide water for the Fairway Canyon development, leaving them with no
water rights to transfer.

Member Zoba made an amended motion to approve Resolution 2017-02 with
added language regarding the crediting of return flows back to an appropriator
based on development and other activities in that service area.

Beaumont Basin Watermaster - February 7, 2018 - Page 10 of 48