Page 9 - Beaumont Basin Watermaster

judgment is to know that there will be a water supply ready to use by
the public water supplier when property builds out parcel by parcel,
Markman explained. It was never meant to be an early transfer from
overlying to appropriate use because a developer with an economic
motive makes a transfer ten years before construction. During the ten-
year period, all the appropriators not in that service area are not going
to receive their proportionate share of the unpumped overlying water.
The purpose, Markman continued, is to make water available when the
project is built; the water is not there to move abstractly and use
anywhere wanted – that is an inflated water right – the other pumpers
get nothing from that, which is directly contrary to the rule adopted
indicating a pro-rata share of unpumped water. This boils down to who
gets to use more water, Markman stated. The language of the judgment,
Markman pointed out, states that when potable water is supplied to be
put to use – not to be put to use 10 years later – that’s the reason for
the accounting mentioned by Mr. Jaggers, he said. In most
adjudications, Markman continued, the conversion occurs when the
demand is created for the appropriative water from the water supplier.
He acknowledged the judgment is ambiguous, but he believes it has
always meant that the water is ready to be supplied when it converts.
He indicated support for Mr. Jaggers’ position and urged the Committee
to take a hard look at the policy and understand its implications – an
add-on water right that could diminish someone else’s due to early
transfers.

Mr. John O’Hanian from Oak Valley Partners, the subject overlyer of the
conversation, addressed the Committee. He indicated the overlyers
have always felt that they had rights that were being taken advantage
of. The transfer to YVWD is in expectation of water service to each
homebuyer with the commitment of a will-serve letter and 20-year
supply. To make the conversion when the meter service is turned on
does not make sense to the developers, he said. It makes sense to
transfer the appropriative right to the district which will serve the water.
He requested that any adjustment to policy will make sure the overlyer
retains the right to its annual production.

In response to Chair Vela, Mr. Blandon noted that groundwater
production and annual basin report must be submitted to the state by
April 1. Approval of the production side of the report could be done at
the March 27 meeting with a draft annual report attached, he said and
suggested documenting the transfers to YVWD but not including them
as part of the accounting until the issue is resolved.

Member Jorritsma said he realized that with the accounting as it had
been done, he would be giving up some of his unused overlyer supply
and noted that the person who is taking that supply is also irrevocably
committing himself to provide that water indefinitely to that particular

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