Page 10 - Beaumont Basin Watermaster
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Member Zoba introduced the budget. Typically, invoices are sent
to the Watermaster Committee members when a task order or
special project is approved, or administrative funds need
replenishment. As such, there is no immediate need to collect
additional funds from the members.
The current balance as of the end of April is $213,502 which is
sufficient to continue, said Zoba.
It was moved by Member Jaggers and seconded by Member Jakher to
approve the budget for Fiscal Year 2018-019 and authorize the
preparation of an Independent Accountant’s Financial Report for Fiscal
Year 2017-18.
AYES: Jaggers, Jakher, Jorritsma, Vela, Zoba
NOES: None.
ABSTAIN: None.
ABSENT: None.
STATUS: Motion Approved
C. Review of a Memorandum Regarding the Transfer and Conversion of
Overlying Water Rights to Appropriative Rights and Accounting for Such
Legal Counsel Thierry Montoya noted there have been recent
transfers of overlying water rights to appropriators. Overlying
rights can be severed and sold, consistent with California
statutes. Once that happens, the right is no longer tied to the
property and the interest can transfer. Outside of the judgment,
the right becomes an appropriative right. Section 3 of the
judgment regarding adjustments and transfers of rights is
consistent with case law in providing an overlying party shall
forbear the use of the volume of the overlying right earmarked
by an appropriative party; the appropriative party providing such
service shall have the right to produce the volume of water
forgone by the overlying party.
Mr. Montoya continued; the appropriative nature takes place as
set forth in a resolution, for example in the Oak Valley resolution.
Once water service is provided by the appropriator for that
property, that amount then transfers to an appropriative right.
Therefore, he admonished, it becomes very important to include
in annual reports the columns advising the public and the Board
what overlying rights were transferred, the total amount of the
right, and what amount becomes a transferred appropriative right
based on the dates of service, parcels being serviced, and the
amounts.
4667987.1 -- N1356.1
Beaumont Basin Watermaster - August 1, 2018 - Page 10 of 31