RESOLUTION NO. 2002 - 16

 

A RESOLUTION OF THE BOARD OF DIRECTORS OF

THE SAN BENITO COUNTY WATER DISTRICT WAIVING POTENTIAL CONFLICT AND AUTHORIZING

LEGAL COUNSEL TO EXECUTE THE JOINT DEFENSE AGREEMENT

WITH WESTLANDS WATER DISTRICT IN THE MATTER

 DEL PUERTO WATER DISTRICT V. THE UNITED STATES OF AMERICA,

et al, CASE NO. CIV F 02-5934 OWW / DLB

 

          WHEREAS, the Del Puerto Water District has filed an action in Federal District Court for the eastern district of California seeking a judicial declaration that the United States is required to provide it with a “federal contractual priority” over all San Luis Contractors for Central Valley Project water;

 

          WHEREAS, if successful, Del Puerto’s asserted priority would prevent the United States from delivering CVP water to the San Benito County Water District unless Del Puerto’s contractual entitlement could be completely satisfied;

 

          WHEREAS, in the circumstances of current CVP water reliability and the permanent and perpetual shortage for contractors for CVP water south of the Sacramento San Joaquin Delta, this subjugation of SBCWD’s contractual right would result in even deeper and more frequent shortages of CVP water deliveries to the District; and

 

          WHEREAS, the Westlands Water District and the San Benito County Water District have certain common interests with respect to Del Puerto Water District v. the United States.

 

          NOW, THEREFORE, BE IT RESOLVED, that the District Board of Directors consents to Kronick, Moskovitz, Tiedemann & Girard’s representation of both San Benito County Water District and Westlands Water District, agrees to the Joint Defense Agreement attached hereto and authorizes Janet K. Goldsmith, Kronick, Moskovitz, Tiedemann & Girard, to execute the Joint Defense Agreement with the Westlands Water District on behalf of the San Benito County Water District.

 

PASSED AND ADOPTED by the Board of Directors of the San Benito County Water District this 25th day of September, 2002 by the following vote:

 

AYES:          DIRECTORS:                   Tobias, Perry, DeLaCruz, Keck, Swanson

          NOTES:        DIRECTORS:                   None

          ABSENT:      DIRECTORS:                   None

 

 

 

                                                          ____/s/Douglas Keck________________

                                                          Douglas Keck, President

 

ATTEST:       ___/s/Janet L. Miller__________________

                   Janet L Miller, Administrative Services Officer