2003 AGN JUL 01 I21 - Laserfiche WebLink

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APPROVED BY CITY lCtr) NCIL Date l�i U 3 SHORT-TERM LEASE OF GROUNDWATER EXTRACTION Parties and Date This Short -Term Lease of Groundwater Pumping Rights ("Lease") is entered into as of the / qday of J U- 2003, by and between the CITY OF COLTON, a municipality located within San Bemardi�y, California ("Colton") and the CITY OF RIALTO, a municipality located within San Bernardino County, California ("Rialto"). Colton and Rialto may be referred to individually as "Party" or collectively as the "Parties." 2. Recitals 2.1 On December 22, 1961, the water rights of the various parties extracting groundwater from the Rialto Basin were adj udicated by a decree pursuant to a stipulated judgment in the case of The Lvtle Creek Water and Imorovement Comnanv v. Fontana Ranchos Water Co.. Highland Avenue Water Co., Citizens Land and Water Co. of Bloomington, City of Rialto, City of Colton, et. al., San Bernardino County Case No. 81264 (the "Decree") 2.2 The Parties' water rights in the Rialto Basin are calculated on an annual basis, beginning October 1 of each year and ending September 30. 2.3 Colton was awarded water rights in the Rialto Basin under the Decree. 2.4 Rialto was also awarded water rights in the Rialto Basin under the Decree, which it continues to exercise through extracting groundwater from wells it operates in the Rialto Basin. 2.5 Rialto has shut down several of its wells due to perchlorate groundwater contamination. 2.6 Rialto desires to ensure that it will be able to meet the water supply needs of its customers through September 2003, and may need an additional source of water to meet those needs. 2.7 Section 12 of the Decree provides that parties to that Decree may sell, purchase, or otherwise dispose of or acquire rights to extract water from the Rialto Basin adjudged to belong to another party to that Decree. 2.8 Colton is willing to temporarily lease to Rialto, on a short-term basis, the right to extract groundwater from the Rialto Basin pursuant to Colton's water rights under the Decree. 2.9 The Parties acknowledge and agree that Colton intends and desires to maintain full and complete ownership, possession and entitlement to all of its water rights in the Rialto Basin, specifically including any and all rights to extract groundwater from said basin under the Decree. RVPUBALBA655207 - I -