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Press Release 2006-01-10

Press Release

January 10, 2006

Arrowhead Lake Association Lake Stabilization Committee Lauds Draft Report from the State Water Resources Control Board

The Lake Stabilization committee of the Arrowhead Lake Association expressed strong support for the State Water Resources Control Board draft Cease and Desist Order against the Lake Arrowhead Community Services District. The order will be considered at the state board meeting on Friday, January 13.

The ALA committee noted the similarity to the Settlement Agreement signed between ALA and LACSD in November 2005 wherein LACSD agreed to take no more than 1555 acre feet per year (AF) on a 10 year rolling average. The state draft report concludes that LACSD has a pre-1914 right to withdraw up to 1566AF from Lake Arrowhead for consumptive purposes. The draft report does not make allowances for rainfall inconsistencies and ALA Counsel was directed to make a recommendation to the State Board to consider that option.

The ALA/LACSD Settlement Agreement includes a ten-year rolling average for water extraction with specific benchmark limitations rather than a specific yearly withdrawal amount. The rolling average is advantageous to both the community and the lake because it allows larger withdrawals when the lake is high thus avoiding expensive water purchases. When the lake level is close to falling below 5100 ft. elevation, the ALA/LACSD Settlement Agreement mandates less withdrawal than the draft State order dictates.

John Rutledge
General Manager
Arrowhead Lake Association
P O Box 1119
Lake Arrowhead, CA 92352-1119
909-337-2595

Lake Arrowhead's Water Rights 2005-11-05

TITLE: LACSD and ALA Agree to Preserve and Protect Lake Arrowhead

The Arrowhead Lake Association (ALA) and the Lake Arrowhead Community Service District (LACSD) have taken a major step forward to resolve the long-standing issue of water rights and water use in the Lake Arrowhead Community. Both entities recognize the importance of Lake Arrowhead to the community, both as a recreational amenity and as the most desirable source of domestic water for our residents. Accordingly, ALA and LACSD have entered into a legally binding settlement agreement that defines the manner in which Lake Arrowhead may be used as a domestic water supply without causing harm to the recreational and environmental values of the Lake. The Agreement was approved by the LACSD Board on November 4, 2005 and approved by the ALA Board on November 5, 2005. The terms of the agreement are as follows: Lake Arrowhead Community Services District ("LACSD") and Arrowhead Lake Association ("ALA") enter into the following Memorandum of Understanding ("MOU") and agree to the following terms and conditions:

  1. ALA recognizes that LACSD is the owner of a valid pre-1914 right to divert water from Lake Arrowhead for consumptive purposes, and LACSD recognizes that ALA is the owner of a valid pre-1914 right to divert water to create Lake Arrowhead for recreational purposes.
  2. Without quantifying or otherwise limiting LACSD's pre-1914 right, and notwithstanding any right that may be acknowledged by the SWRCB, LACSD agrees that beginning in January 2007, LACSD will limit its diversions from the Lake to 1,555AF on a long-term average basis. This amount will be inclusive of all withdrawals from the Lake, whether for domestic or irrigation purposes. For purposes of this MOU, "long-term average" means a rolling average over a period of the previous ten (10) years. The amount of the "long-term average" may be adjusted upward or downward by mutual agreement of LACSD and ALA based on information that is collected and analyzed. LACSD agrees that if the level of the Lake reaches 5,103, LACSD's withdrawals shall be limited according to a mutually agreeable schedule that will take in to account the month of the year and whose goal will be to ensure that withdrawals for that year are limited to no more than 1,555AF.
  3. ALA and LACSD agree that their mutual goal is to maintain the level of the Lake at or above 5,100 feet (ALA datum).
  4. LACSD currently has in place a medium-term solution designed to accomplish the parties' mutual goal of maintaining the level of the Lake at or above 5,100 feet. In order to accomplish this goal on a long-term basis, the parties will work together to formulate and implement a physical solution that creates a permanent and reliable source of supplemental water. In order to obtain a permanent and reliable source of supplemental water, LACSD will use best efforts to obtain an entitlement of water from State Water Project Contractors. LACSD will further use best efforts to formulate and implement measures to achieve the goal of maintaining the level of the Lake at or above 5,100 feet.
  5. ALA agrees to withdraw its Notice of Intent to Appear, all written testimony, all exhibits, and any other evidence or policy statements from the State Board Enforcement hearing on Cease and Desist Order 262.31-18 and Administrative Civil Liability Complaint No. 262.5-40. ALA further agrees to support LACSD's position in the hearing.
  6. ALA agrees that if the Lake is operated and managed in the manner expressed herein, ALA will not allege injury to downstream users or environmental interests.
  7. This Agreement shall be specifically enforceable in Superior Court for the County of Riverside. Specifically, the parties shall consent and submit to the jurisdiction of the Court maintaining continuing jurisdiction over the case City of Barstow, et al. vs. City of Adelanto, et al., Case No. 208568 for the purpose of administration and enforcement of this Agreement. Such submission shall be solely for the purpose of enforcement and administration of this Agreement. LACSD acknowledges that it is already subject to the jurisdiction of the Court in that case.

(The intent of this paragraph is not to give the Mojave Water Agency authority over this agreement.)

Following the approval of the above, counsel for both entities have been authorized to prepare a more detailed document that includes the above terms. Any questions regarding this agreement should be directed to the General Managers of the respective agencies.

CONTACT:

  • John Rutledge, General Manager, Arrowhead Lake Association 909-337-2595 or 909-936-7071
  • Marv Shaw, General Manager, Lake Arrowhead Community Services District 909-336-7102 or 909-215-7529
  • April Blakey, Public Information Officer, Lake Arrowhead Community Services District 909-336-7115 or 909-938-8054

Lake Arrowhead's Water Rights 2005-08-27

The Arrowhead Lake Association Board of Directors is issuing the following statement:

The role of the Arrowhead Lake Association (ALA) is to own and operate Lake Arrowhead for the recreational purposes of our members. Accordingly, the Arrowhead Lake Association supports the State Water Resources Board staff report that has resolved the long standing question of the right of ALA to store water in Lake Arrowhead to the 5106.7 level for recreational purposes. The State Board has determined that a pre-1914 water right exists to keep Lake Arrowhead filled to capacity.

The ALA responded to an initial complaint filed with the State Water Resources Control Board (SWRCB) and asked that the SWRCB affirm ALA's position that water can be stored to the 5106.7 level for recreational purposes and to maintain a safe yield water level on an annualized basis supervised by a Watermaster. The Arrowhead Lake Association believes that proper water management of the Lake must be employed and does not believe that a right exists to drain Lake Arrowhead for consumptive purposes.

It should be the policy of the LACSD to establish a Lake level of 5106.7 feet on May 1st of each year. This level can be established either through ALA's impoundment of naturally occurring precipitation, or it can be established through LACSD's purchase of supplemental water for distribution to its customers.

ALA supports the SWRCB's position that LACSD's existing and planned level of consumptive use of Lake Arrowhead water is unsustainable and must stop. The ALA supports action by the Arrowhead Woods community to quickly implement the development of sustainable alternative sources of water for consumptive use within Arrowhead Woods, and to always maintain the Lake level at a minimum elevation of 5100 feet and up to its full capacity.

ALA believes that adoption and implementation of proper mutually agreed upon, legally binding water management policies would support LACSD's position that Lake Arrowhead can be used as a water supply source in a manner that does not cause harm to the full range of beneficial uses of the Lake.

ALA believes that rather than wasting the community's resources fighting the SWRCB's decision, that the LACSD should adopt the policies above and submit these policies as well as its Water Demand and Supply report to the SWRCB in order to satisfy the SWRCB's demand for submittal of a plan to reduce LACSD's unsustainable and illegal consumptive use of the Lake.

ALA looks forward to working closely with the ALA membership and with the Arrowhead Woods Community to develop a mutually acceptable, legally binding, comprehensive approach to the water supply issues for the area.

Arrowhead Lake Association expects to be a full and active party to the resolution of this matter.