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Central and West Basin Water Replenishment District, etc., vs. Charles E. Adams, et al.
case no. 786,656 Second Amended Judgment, May 6, 1991 (.pdf 3803kb)

This version of the Central Basin Judgment is not a legal document, but is provided for convenient reference. Some changes have been made in the formatting to make it presentable on DWR’s website. For example, although the Judgment does not have a Table of Contents, one is provided here for reference. Headings in the Judgment are for purposes of reference, and the language of the headings does not constitute, other than for such purpose, a portion of this Judgment.

Table of Contents

Introductory Material (This heading title is not found in the Judgment)
I. Declaration and Determination of Water Rights of Parties; Restrictions on the Exercise Thereof

1. Determination of Rights of Parties
2. Parties Enjoined as Regards Quantities of Extractions
3. (There is no paragraph 3 found in the Judgment)
4. Transition in Administrative Year - Application

II. Appointment of Watermaster; Watermaster Administration Provisions

1. Duties, Powers, and Responsibilities of Watermaster

a. Watermaster May Require Reports, Information, and Records
b. Requirement of Measuring Devices
c. Inspections by Watermaster
d. Annual Report
e. Annual Budget and Appeal Procedure in Relation Thereto
f. Rules

2. Use of Facilities and Data Collected by Other Governmental Agencies
3. Appeal from Watermaster Decisions Other Than With Respect to Budget
4. Effect of Non-Compliance by Watermaster With Time Provisions

III. Provisions for Physical Solution to Meet the Water Requirements in Central Basin

A. Carryover of Portion of Allowed Pumping Allocation
B. When Over-extractions May be Permitted

1. Underestimation of Requirements for Water
2. Reductions in Allowed Pumping Allocations in Succeeding Years to Compensate for Permissible Overexractions
3. Reductions in Allowed Pumping Allocations for the Next Succeeding Administrative Years to Compensate for Overpumping
4. Reports of Certain Over-extractions to the Court
5. Effect of Over-extractions on Rights
6. Pumping Under Agreement With Plaintiff During Periods of Emergency
7. Exemption for Extractors of Contaminated Groundwater

C. Exchange Pool Provisions

1. Definitions
2. Parties Who May Purchase Water Through the Exchange Pool
3. Procedure for Purchasing Exchange Pool Water
4. Subscriptions to Exchange Pool
a. Required Subsciption
b. Report to Watermaster by Parties with Connections and Unable to Subscribe 20%
c. Voluntary Subscriptions
5. Limitations on Purchase of Exchange Pool Water and Allocation of Requests to Purchase Exchange Pool Water Among Exchangors
a. Categories of Requests
• 1. Category (a) requests
• 2. Category (b) requests
b. Filling of Category (a) Requests
c. Filling of Category (b) Requests
d. Allocation of Requests to Subscriptions When Available Subscriptions Exceed Requests
e. Allocation of Subscriptions to Category (b) Requests in the Event of Shortage of Subscriptions
6. Additional Voluntary Subscriptions
7. Effect if Category (a) Requests Exceed Avaiable Subscriptions, Both Required and Voluntary
8. Additional Pumping by Exchangees Pursuant to Exchange Pool Provisions
9. Reduction in Pumping by Exchangors
10. Price to be Paid for Exchange Pool Water
11. Carry-over of Exchange Pool Purchases by Exchangees
12. Notification by Watermaster to Exchangors and Exchangees of Exchange Pool Requests and Allocations Thereof and Price of Exchange Pool Water
13. Payment by Exchangees
14. Payments to Exchangors
15. Delinquent Payments

IV. Continuing Jurisdiction of the Court
V. General Provisions

1. Judgment Constitutes Inter Se Adjudication
2. Assignment, Transfer, Etc., of Rights
3. Service Upon and Delivery to Parties of Various Papers
4. Judgment Does Not Affect Rights, Powers Etc., of Plaintiff District
5. Continuation of Order Under Interim Agreement
6. Effect of: Extraction by Exchange; Reductions in Extractions
7. Judgment Binding on Successors, Etc.
8. Costs
9. Intervention of Successors in Interest and New Parties
10. Effect of this Amended Judgment on Orders Filed Herein