Page 11 - Beaumont Basin Watermaster

reallocated in a manner similar to the adjudication, therefore providing
beneficial use.
Counsel Montoya agreed the foundation for such transfers is in the
judgment, and it makes sense to firm up these concepts now via
discussion between appropriators.

Member Zoba indicated he has always viewed the Watermaster as an
accounting firm for these types of transfers. He pointed to a concept in
the stipulated judgment that there would be a conversion of overlying
to appropriative rights and these are now coming about. He postulated
that the SWRCB policy does not apply to the Watermaster at all and a
five-year plan should not be considered.

Mr. Zoba pointed to Engineer Blandon’s chart presented earlier and
reminded the members that correspondence presented to the
Committee in March included the overlying party committing to YVWD
to forever forgo pumping and extracting that overlying right. In favor of
that, YVWD made commitments to make sure that there will be water
for the property when it develops, when it occurs. When the transfer
occurred in March, YVWD immediately put that water to an appropriative
use, which is shown on the chart as extracted and consumed in 2018 in
the YVWD service area. There is nothing in the adjudication that says
that appropriative right must be used on that specific property.
Appropriative water may be used anywhere within the service area, not
just within the Beaumont Basin.
The correspondence today, Zoba continued, transfers another 60 acre-
feet to YVWD, which will be used. That perfects the transfer of overlying
to appropriative rights. The five year policy makes no sense, he stated,
and advised that flexibility must be maintained. He said he does not
believe the memo from legal counsel applies, and YVWD has perfected
the rights transferred to it and stands to successfully manage the right
as stored water or used water. He requested modification of the memo.

Counsel Montoya reiterated there is no statutory time limit for use. The
SWRCB five-year limit does not apply in this case, but it was the closest
example of time guidance. The intent of these cases is to allow flexibility
to the appropriate party due to equitable consideration for time, types
of use, manner of use, and what has occurred over time.
Member Zoba also pointed out that developers provide water rights in
lieu of Developer Impact Fees for water supply, and if the right is instead
allocated to a pool, then YVWD incurs a financial loss.

Mr. Jaggers indicated the goal is to establish a process, as uses will
change over time. Counsel Montoya advised members to assure
flexibility for use when drafting transfer agreements. Member Vela
suggested discussion on how the transfer modifies the exhibits within
the adjudication, as the recalculation of safe yield is coming soon.

BEAUMONT BASIN WATERMASTER – COMMITTEE MINUTES 2018-08-01 PAGE 6 OF 7

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