Bakersfield Municipal Code Ch. 2.18 Water Board

Sections: 2.18.010 Membership. 2.18.011 Chairperson and vice-chairperson. 2.18.012 Policy and purpose. 2.18.020 Authority and powers. 2.18.030 Sale of water.

2.18.040 Additional powers. 2.18.050 Manager of the water resources department. 2.18.060 City clerk—Ex-officio secretary.

There is created a board which shall be known as the city water board. Members of the water board shall be the members of the city council and shall be appointed by the vice-mayor subject to confirmation by the city council. (Ord. 3780 § 1, 1997; Ord. 2888 § 1, 1984; Ord. 2632 § 1, 1981)

One member shall be elected as chairperson and one shall be elected as vice-chairperson to serve in the absence of the chairperson. (Ord. 3967 § 5, 2000; Ord. 2632 § 1, 1981)

A. The city has acquired significant water rights and lands and facilities associated with those water rights for the purpose of assuring the inhabitants of the city as it now exists or as it may be constituted in the future with an adequate municipal water supply. The city also operates and administers the Kern River Levee District. It is the policy of the city that the administration of the city’s lands, facilities and rights associated with water be carried out to preserve and conserve such rights and facilities for such future use by the city.

B. The purpose of the water board shall be to make recommendations to city council regarding the regulation, control, management, renewal, repair, replacement, and preservation of the water rights, and water associated with those rights, and the water facilities and related lands of the city consistent with this policy. In administering and implementing this policy, it shall make every effort to conserve water for the benefit of the present and future inhabitants, including the protection, preservation and augmentation of the underground water supply. All such decisions shall be accomplished by a majority of the water board, comprised of officers of the city as an honest exercise of reasonable discretion. (Ord. 4806 § 1, 2015; Ord. 3967 § 6, 2000; Ord. 2632 § 1, 1981)

The city water board, subject to the policies and purposes set forth in Section 2.18.012, is authorized and empowered to:

A. Create, supervise and direct the operations of a city water department and any municipal water service activities assigned to or administered by any other department of the city;

B. Make recommendations to the city council regarding the establishment of municipal and agricultural water rates and rates for Kern River sand sales by the council;

C. Make recommendations to the city council for acquisition and sale of real property required to carry out the policies and purposes set forth herein;

D. Prepare, or cause to be prepared, annually a budget for the operation of the water system, which shall be subject to approval by the city council;

E. Control and order the expenditure of moneys received from the sale and use of water for the defraying of expenses or maintenance and repairs and operation of the city’s water facilities, and for any expenses for additions to the same;

F. Collect all charges for water rates or from water sales or exchanges, or from use of any city-owned land for purposes relating to water storage, spreading, distribution or delivery;

G. Conduct surveys and investigations pertinent to the water supply and resources of the city;

H. Appropriate, acquire by purchase, gift, devise, lease and conserve, lease, mortgage, deed in trust, hold, manage, and control water and water rights for any useful purpose and such other property as its interests may require;

I. Store, spread and recharge water and construct dams, reservoirs, canals, ditches and conduits, spreading basins, drilling wells and storm water basins;

J. Drill, construct, install and operate wells, pumps, pipelines, conduits, canals, valves, headgates, meters, and other appurtenances to such wells, pipelines, canals and conduits, and pump water therefrom and thereby for sale, delivery, distribution, or other disposition;

K. Deliver, distribute, exchange or otherwise dispose of any water, or water rights, other than by sale, that may be stored or appropriated, owned or controlled by the city;

L. Appoint and employ such consultants as the board deems necessary or advisable to accomplish its purposes;

M. Contract for services, tools, implements, machinery and equipment as the board deems expedient or advisable to perform the work which it deems necessary or advisable to accomplish the purposes set forth herein;

N. Provide for the payment, from the water fund, of all the debts of and just claims against the board;

O. Disseminate information concerning the rights, properties, activities, operations, plans and proposals of the board;

P. Regulate, control, manage, renew, repair, replace, and preserve the water facilities and related lands of the city, to conserve and augment and to preserve the underground water supply in the areas surrounding the city;

Q. Enter into and make contracts, on behalf of the city, to effect and carry out any of the duties enumerated or powers delegated herein;

R. Make rules and regulations governing the conduct of the board and setting the time and dates for meetings;

S. Provide general direction to the manager of the water resources department regarding the operations of that department;

T. Oversee the operation of the Kern River Levee District as directed by the city council, and report annually on said operations to the city council. (Ord. 4961 § 1, 2019; Ord. 3967 §§ 7, 8, 2000; Ord. 2981 § 3, 1985; Ord. 2632 § 1, 1981)

The city water board, subject to the policies and purposes set forth in Section 2.18.012, is authorized and empowered to sell such water, or water rights, owned or controlled by the city subject to confirmation of such sale by the city council. (Ord. 2632 § 1, 1981)

In addition to the powers expressly granted herein, the board shall have the further powers necessarily or fairly implied as incident to such expressed powers which are necessary to indispensable to the accomplishment of the declared policies and purposes set forth herein. (Ord. 2632 § 1, 1981)

The manager of the water resources department, appointed by the city manager, who shall be an officer of the city, shall be responsible for the day-today supervision and direction of the operations of the city water resources department, and shall be authorized to execute contracts on behalf of the city, subject to board direction and approval in accordance with standard city contract procedure as defined in Bakersfield Municipal Code Section 3.20.105. (Ord. 4806 § 2, 2015; Ord. 3967 § 9, 2000; Ord. 2815 § 1, 1983; Ord. 2632 § 1, 1981)

The city clerk shall be ex-officio secretary of the water board, and shall keep a record of the proceedings thereof, and shall, whenever required, certify such proceedings and take any other action directed by the board. (Ord. 2632 § 1, 1981)