Page 9 - Beaumont Basin Watermaster

The judgment identifies that those activities are earmarked for water
utilized, and it seems an open-needed question. Responses have been
received from legal counsel, said Mr. Jaggers, but it is his opinion that
it has not yet been resolved. The numbers presented equate to a 180
AF reduction in the safe yield, Jaggers posited. Mr. Blandon countered
that it does not reduce the safe yield; it just transfers 180 AF of the
overlying allocation to an appropriator. Chair Vela queried and Mr.
Jaggers reiterated that the question is unresolved at the Watermaster
level regarding interpretation of the judgment and the way in which the
water is credited.

Mr. Blandon said his understanding is that the transfer of water right is
permanent and allows YVWD to begin producing that amount because
of the number of things the YVWD must do to prepare to deliver that
water and the infrastructure required to convey the water to the
ultimate user. This makes that water fully available to YVWD
immediately. That understanding is reflected in the report, Blandon
concluded. Mr. Jaggers further clarified his position. Mr. Blandon
acknowledged there is uncertainty. Chair Vela recollected that the right
is perfected as soon as the water is put into use anywhere in YVWD’s
service area.

The intent, explained Legal Counsel Montoya, is the overlyer uses its
rights to provide service. It is straying from the agreement if the
appropriator takes the position that it can be used as he sees fit; that’s
not the intent of the agreement. The law is not clear but does provide
a reasonable amount of time for an appropriator to put that water to
use. The portion that has already been transferred to YVWD for use in
the development has been perfected, and is clearly appropriative,
Montoya explained. The process is factually based, he said. Counsel
advised that to make hard and fast rules now based on one example is
not in the best interest of the members of the Watermaster as a whole,
and he recommended continuing discussion.

Mr. Jaggers said he expects to see a reduction in the safe yield due to
underflow considered in the model, which will no longer be available
due to the SGPWA building their recharge facilities. He reiterated that
there does not appear to be a vehicle to move forward the BBWM
activities in a way that is agreed upon.

Jaggers suggested that it should be documented in the annual report
that these things are unresolved; otherwise, a precedent will be set.
Member Zoba opined that there is not a perfection issue. As soon as an
overlyer dedicates their water rights in a letter to YVWD, the transfer is
immediate. The intent of the adjudication was the transfer of overlying
rights to appropriators, he said. He reminded the Committee about the
Wildermuth transfer scenario, which could be included as a table in the
report. The process must be a bright line – once the transfer is done,

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