Page 5 - Beaumont Basin Watermaster
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Montoya explained that water is designated as “earmarked” meaning
                              subject to transfer (not transferred yet, remains an overlying right) until
                              it is transferred (put to service); then the overlyer forgoes pumping the
                              water that has now been transferred to the appropriator. Until the giving
                              of service actually happens, it remains an overlying right then transfers
                              pursuant to the agreement and to the judgment, Montoya said.

                              There  is  no  time  limit  for  the  transfer  as  long  as  development  is
                              progressing,  Montoya  said.  This  can  happen  over  time.  The  overlyer
                              may need another allotment, and when the right is exhausted all the
                              water belongs to the appropriator. If it does not all come to fruition at
                              some  point,  Montoya  continued,  whatever  remains  belongs  to  the
                              overlyer unless the overlyer says it is no longer needed.
                              In response to a question regarding the potential for double calculation,
                              Montoya  pointed  to  a  technical  process  in  the  judgment  to  address
                              waste of water.
                              Member  Zoba  noted  that  the  recitals  in  the  Resolution  mirror  the
                              verbiage in the judgment and asked about the term “rates.” Counsel
                              Montoya explained there are two charges called out in the adjudication:
                              the development impact fee for source of supply, and the customary
                              charges  to  all  customers  –  the  rate  structure  developed  as  part  of
                              providing  the  water  service.  The  development  component  may  be
                              passed on, but not the monthly operation component.

                              Member  Zoba  asked  about  the  intent  in  removing  some  of  the
                              provisions.  Mr.  Montoya  explained  that  the  subcommittee  removed
                              provisions that were not consistent with the judgment.
                              It was moved by Member Zoba and seconded by Member Warsinski to
                              adopt Resolution 2019-02.

                               AYES:                  Jaggers, Vela, Warsinski, Zoba
                               NOES:                  None.
                               ABSTAIN:               None.
                               ABSENT:                Jorritsma
                               STATUS:                Motion Approved

               VIII.  Topics for Future Meetings

                            A.  Development of a methodology and  policy to account for new yield
                                from capturing local stormwater in the basin

                            B.  Development of a methodology and policy to account for groundwater
                                storage losses in the basin resulting from the spreading of additional
                                water sources

               BEAUMONT BASIN WATERMASTER COMMITTEE - MINUTES 2019-06-25                          PAGE 3 OF 4

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