Page 9 - Beaumont Basin Watermaster

the basin. Some issues with vandalism have been experienced at
Yucaipa Well 34, and at Well 5, the cable is stuck but continues to record
data. He noted that graphs show data interruption for Yucaipa 34 and
Oak Valley 35.

Mr. Blandon gave an overview of the graphs. He updated the Committee
on the search for additional monitoring well sites and advised there may
be an opportunity to bring back observation well Banning 8 if the City
pulls the pump. The loss of probes at Yucaipa 34 appears to be theft:
cables cut and probe removed. The lock has been replaced and security
added.

Chairman Vela noted that City of Banning plans to relocate Joshua
Palmer Way in the next four to six months will affect the Banning 15
monitoring well near the Chevron station.

B. Comparison of Production and Allowable Extractions through June 2018
Recommendation: No recommendation. Information only.

Engineer Blandon reviewed the report. There is a total production right
of about 12,000 acre-feet and a total of 5,241 acre-feet was produced;
an overall average of 43 percent of the allowable right.

C. Discussion Regarding the Perfection of Appropriative Rights Following
the Conversion of Overlying Water Rights to Appropriative Rights

Recommendation: No recommendation.

Legal Counsel Thierry Montoya continued discussion regarding the
transfer of overlying rights to an appropriator, pointing out the example
of Yucaipa Valley WD (YVWD) and Oak Valley’s transfer. The issue is
that Oak Valley has transferred its overlying rights to Yucaipa, so that
YVWD can then provide water service to a phased residential
community. Such use would be a beneficial use, and would perfect the
appropriative right once all or relative chunks of the formerly overlying
water right are used to provide water service to the residential
development. This is clear under case law.

The key is that the appropriative right is perfected when the water is
applied to a beneficial use, and the appropriative right would vest upon
the completion of the last act; in this instance YVWD beginning to send
out water for household use.
Then, if the project is not entirely built out, or if it is built in phases but
with large gaps of time, Mr. Montoya posited that the water is ready to
be put to beneficial use but has not yet been perfected. There is no
statutory or common-law requirement relative to the length of time that
the water must be used to accrue a right. In the SWRCB permitted

BEAUMONT BASIN WATERMASTER – COMMITTEE MINUTES 2018-08-01 PAGE 4 OF 7

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