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Owens Valley Water History
In 1913, the City of Los Angeles completed an aqueduct from Owens Valley to
the City. The aqueduct had a capacity of 480 cubic feet per second (cfs). In
1970, a second aqueduct with a capacity of 300 cfs was completed and began
operating, bringing the total capacity of the aqueduct system to about 780 cfs.
Los Angeles' operations to supply the second aqueduct, including the pumping of
groundwater in Owens Valley led to litigation by Inyo County against Los
Angeles.
In a suit filed in 1972, Inyo County claimed that increased groundwater
pumping was harming the environment of Owens Valley and that the practice should
be analyzed in an Environmental Impact Report (EIR) in accordance with the
provisions of the California Environmental Quality Act (CEQA). In 1973, the
Court of Appeal for the Third Appellate District ruled that Los Angeles must
prepare an EIR (32 Cal. App. 3d 795). Since 1973, Los Angeles has prepared two
EIR's, one in 1976 and another in 1979, but the Appellate Court found both to be
legally inadequate.
In 1980, the Inyo County Board of Supervisors drafted, and the Inyo County
voters passed, a groundwater ordinance to regulate groundwater pumping in the
Valley through a groundwater management plan. The plan was to be implemented by
a groundwater pumping permit procedure. The ordinance created a County Water
Department and a County Water Commission.
As a result of litigation commenced against the County by the City of Los
Angeles and its Department, the County was directed in May 1981, by order of
this Court in case number 12883, not to implement the Ordinance until a legally
sufficient environmental impact report had been prepared and adopted by the
County. A Final EIR was prepared, but the Final EIR was not adopted by the
County.
In July 1983, as a result of litigation commenced by the City of Los Angeles
and the Department, this Court in case number 12908 ruled said Ordinance
unconstitutional, invalid, and preempted by law, and that the implementation of
the Ordinance should be enjoined. Pursuant to stipulation of the parties, entry
of an injunction and final judgment have not been entered by this Court.
In 1983, following the Superior Court's decision invalidating Inyo County's
groundwater ordinance, Inyo County and Los Angeles began an attempt to develop a
groundwater management plan that would settle the litigation between the
parties. In April 1984, the governing bodies of Inyo County and Los Angeles
approved a five (5) year interim agreement. In this interim agreement, the two
parties agreed to:
- Settle then existing property tax litigation between Inyo County and Los
Angeles;
- Temporarily suspend Inyo County's appeal of the Court's decision
invalidating its groundwater ordinance;
- Temporarily suspend litigation on Inyo County's environmental suit and
Court-imposed pumping restrictions by substituting jointly developed annual
pumping programs;
- Lease Owens Valley town water systems to Inyo County, which would result
in a reduction in water rates;
- Conduct cooperative studies, together with impartial third parties,
including the United States Geological Survey (USGS);
- Implement certain enhancement/mitigation projects;
- Provide financial assistance to Inyo County from Los Angeles to cover
costs of various studies and the County's water-related activities;
- Negotiate a long term groundwater management plan;
- Resume the CEQA litigation and litigation over the groundwater ordinance's
validity if the parties did not develop and adopt a long term joint
groundwater management plan for Owens Valley.
In December 1984, the Court of Appeal modified the Writ of Mandate that it
had originally issued in 1973, to approve the five-year agreement of the
parties. The Court specifically explained that the modification did not imply
that a joint long term groundwater management plan would be a new project. The
project was would remain as it was -- a program increasing the average rate of
groundwater pumping and use (both for export and in-valley use), above a
baseline rate reasonably representing the average of groundwater pumping and use
(both for export and in-valley use) preceding the operation of the second
aqueduct. However, the Court did allow that the command of its Writ to prepare
an EIR could be met if the EIR were to be presented in conjunction with a joint
long term groundwater management plan. In January 1985, this Court approved the
interim agreement.
In May 1988, as a result of a joint application by Inyo County and the
Department, a sixteen (16) month extension by the Court (from February 1989 to
June 30, 1990) was granted to the Department for the purpose of completing
studies necessary for development of a joint long term groundwater management
plan and EIR. In June 1990, Los Angeles and Inyo County requested a further
twelve (12) month extension to September 30, 1991. In July 1990, the Court also
granted this extension. In August 1991, the Court granted a further extension to
October 21, 1991.
Since 1984, certain studies budgeted at approximately five million dollars
($5,000,000.00) have been undertaken by Inyo County, Los Angeles, and USGS to
learn more about the relationship between groundwater pumping and its impact on
native vegetation. As part of these studies, Inyo County and the Department
developed extensive information on the geohydrology, water budget, soils, and
vegetation of Owens Valley. USGS compiled and analyzed the information and
summarized its independent findings in a series of technical reports. These USGS
reports, together with other cooperative study materials, became the technical
foundation for the joint long term groundwater management plan that has been
developed by the parties.
Under the joint five-year interim agreement, the two parties cooperatively
developed and implemented numerous projects. These enhancement/mitigation
projects range in scope from the revegetation and irrigation of certain areas to
enhancement of wildlife habitats and recreation areas.
After two years of negotiations, Inyo County and Los Angeles reached a
preliminary agreement on a joint long term groundwater management plan on August
1, 1989. The joint long term management plan is set forth in this Stipulation
and Order. An EIR, as required of Los Angeles by the Court of Appeal's writ was
presented to that Court in conjunction with the joint long term groundwater
management plan. The EIR has been approved by that Court and its Writ of Mandate
has been discharged
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