Page 5 - Beaumont Basin Watermaster

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

Beaumont Basin Watermaster - August 7, 2019 - Page 5 of 38