Resolution Number CVWD 95-6-20-1RESOLUTION NO. 95-6-20-1
WHEREAS, the San Juan Basin Authority ("Basin Authority"), Torson Pacific
Investments, Inc. ("Torson Pacific"), and Capistrano Beach County Water District ("Capistrano
Beach") respectively filed water right application nos. 30123, 30171, and 30337 with the State
Water Resources Control Board ("State Water Board"); and
WHEREAS, the Capistrano Valley Water District ("District") filed protests to application
nos. 30123 (Basin Authority) and 30173 (Torson Pacific) based upon injury to the City of San
Juan Capistrano's vested pueblo water right; and
WHEREAS, the District's legal counsel has informed the State Water Board's Division of
Water Rights by letter dated March 14, 1995, of the District's intention to file a protest to
application no. 30337 (Capistrano Beach) based on injury to the vested pueblo right; and
WHEREAS, the State Water Board's Division of Water Rights has rejected the District's
protests based upon the State Water Board's Division of Water Rights' determination that the
claimed pueblo water right is invalid; and
WHEREAS, the District filed a petition with the State Water Board for reconsideration
of the State Water Board's Division of Water Rights' decision to reject the District's protest; and
WHEREAS, at its meeting on June 22, 1995, the State Water Board will consider
adopting an order to grant reconsideration of the District's protests and to suspend action on the
merits of the District's petition for a period ending on December 31, 1995, for the purpose of
allowing the District additional time within which to negotiate agreements with the Basin
Authority, Torson Pacific, and Capistrano Beach on water rights issues; and
WHEREAS, the Basin Authority is in the process of negotiating agreements with the
District, Torson Pacific, and Capistrano Beach, for the purpose of quantifying the parties'
respective extractions from the San Juan Creek Basin (the "Basin"); and
WHEREAS, the District is a member of the Basin Authority, and as such does not wish
to impede the negotiation process by entering into separate contract negotiations with Torson
Pacific and Capistrano Beach.
NOW, THEREFORE, the Board of Directors of the Capistrano Valley Water District
does hereby resolve, determine, and order as follows:
1. It is in the best interests of the District to expeditiously negotiate and finalize the
agreement between the District and the Basin Authority, and to avoid impeding the Basin
Authority's negotiations with Torson Pacific and Capistrano Beach. Therefore, for purposes of
resolving the District's protests to water right application nos. 30123, 30171, and 30337 pending
before the State Water Board, the District will abide by the final agreements between the Basin
Authority and the District, Torson Pacific, and Capistrano Beach, respectively, and will not
independently negotiate agreements with Torson Pacific or Capistrano Beach for such purposes.
2. Upon final execution of the agreement being negotiated between the District and
the Basin Authority, the District will withdraw its protest to the Basin Authority's water right
application no. 30123 pending with the State Water Board.
3. Upon final execution of the agreement being negotiated between Torson Pacific
and the Basin Authority, the District will withdraw its protest to Torson Pacific's water right
application no 30171 pending with the State Water Board.
4. Upon final execution of the agreement being negotiated between Capistrano Beach
and the Basin Authority, the District will withdraw its letter of intent to file a protest to
Capistrano Beach's water right application no. 30337 pending with the State Water Board.
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ADOPTED, SIGNED, AND APPROVED this 20th day of June, 1995.
ATTEST:
CAPISTRANO VALLEY WATER DISTRICT
Chairman, BoaA of Directors