Resolution Number CVWD 91-1-15-3RESOLUTION NO. 91-1-15-3
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CAPISTRANO VALLEY WATER DISTRICT, OUTLINING THE
NATURE OF ITS PUEBLO RIGHT AND APPROVING EXECUTION
OF THE SAN JUAN BASIN AUTHORITY PROJECTS AGREEMENT
WHEREAS, the Capistrano Valley Water District (the
"District"), a subsidiary of the City of San Juan Capistrano (the
"City") is the successor in interest to the water rights of the
pueblo which settled near the San Juan Capistrano Mission in the
watershed of San Juan Creek; and
WHEREAS, such water rights, known as pueblo rights, have
historically been protected by the State of California as paramount
rights to native waters of a creek and groundwater system, pursuant
to which successor municipalities may exercise pueblo rights to
serve water for domestic, irrigation and other uses within City
limits; and
WHEREAS, the District, and its predecessors in interest, have
exercised the City's pueblo right for the benefit of its
inhabitants from the time of the settlement of the pueblo to the
present; and
WHEREAS, a pueblo right cannot be lost by nonuse, or use by
others; and
WHEREAS, the San Juan Basin Authority, an Authority formed
pursuant to Article I, Chapter 5, Division 7, Title 1 of the
Government Code of the State of California (Gov't Code § 6500 et.
sea., was established for the purpose of jointly funding certain
water system facilities and water conservation projects necessary
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to conserve and make water resources available for beneficial use
to the areas within the San Juan Creek Watershed serviced by the
Capistrano Valley Water District, Moulton Niguel Water District,
Santa Margarita Water District and Trabuco Canyon Water District
(hereinafter "Member Agencies"); and
WHEREAS, the San Juan Basin Authority has prepared the San
Juan Basin Authority Projects Agreement (the "Agreement") which
outlines methods for the four Member Agencies to pool their water
resources and economic resources to improve the regional water
supply; and
WHEREAS, the Agreement provides a mechanism for its Member
Agencies to jointly develop and utilize water resources enhancement
projects which the individual participants, acting alone, could not
do without the cooperation and participation of the other Authority
Members Agencies; and
WHEREAS, such projects could substantially enhance the
District's ability to expand its development and use of water
pursuant to its pueblo right and to improve its ability to protect
against the effects of prolonged drought and natural catastrophes;
and
WHEREAS, the District staff has analyzed the City's pueblo
right and believes that entering into the Agreement provides a
prudent way to exercise the City's pueblo right under modern
interpretations of Article X, Section 2 of the California
Constitution which provides that the waste and unreasonable use of
water should be prevented.
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NOW, THEREFORE, the Board of Directors of the Capistrano
Valley Water District does hereby resolve, determine, and order as
follows:
Section 1: The Board of Directors of the District supports
the concept of regional water resources planning and the
development of projects jointly with other agencies to meet the
goal of achieving the best utilization of water resources, to
enhance local water supplies, to protect against the effects of
prolonged drought and catastrophic events, and to minimize
dependence on imported supplies, and hereby finds that execution
of the San Juan Basin Authority Projects Agreement advances those
goals;
Section 2: The Board of Directors of the District finds that
participation in the San Juan Basin Authority Projects Agreement
is consistent with its exercise of its pueblo right, and hereby
finds that execution of the Agreement provides a mechanism by which
the District may exercise its pueblo right more reasonably and more
beneficially in accordance with the provisions of Article X,
Section 2 of the California Constitution.
Section 3: The District will continue to rely on the pueblo
right in the planning and development of its municipal water
supply, and the District, by its participation in the Agreement,
in no way waives its State recognized pueblo right.
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Section 4: The District hereby authorizes the execution of
the San Juan Basin Authority Projects Agreement.
ADOPTED, SIGNED AND APPROVED this 15th day of January, 1991.
CAPISTRANO VALLEY WATER DISTRICT
By
Chairman, Board of Directors
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RESOLUTION 91-1-15-3
State of California )
) ss.
County of Orange )
I, Clerk of the Board of Directors for the Capistrano Valley
Water District, do hereby certify and declare that the above and
foregoing Resolution was duly adopted by the unanimous vote of all
members of the Board of Directors present and voting at a regular
meeting thereof held on the 15th day of January, 1991, at the hour
of 6:30 PM.
Clerk of the Board
CAPISTRANO VALLEY WATER DISTRICT
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