Item 4.2 - ADDITIONAL MATERIAL posted 8-16-17 (2)• Poway City Council
• Aug 15, 2017
Date: /S v
Item #:_
Submitted by:
Barkin Water Issues
History — Maderas — pertinent facts
• 1990 — Old Coach Golf Estates Project Approved
• 1999 — Maderas Golf Club constructed including using wells for grow -in irrigation
• LSC residents experience water problems
• Settlement Agreement with City
• 2000 — CUP allowing groundwater use for Maderas with restrictions
• If LSC residents experience water failure, Maderas to provide water in a
manner of Maderas' choice.
• 2009-2013 — Independent, peer review Hydrology report shows which Maderas
wells influence which areas.
• Only Maderas Wells 4 & 5 affect LSC.
• City approves report and revised CUP.
• 2015- Maderas stops using Wells 4 & 5 and caps them.
History — Lower Sycamore Creek
• 1999 Settlement with City— Maderas pays for LSC property owners to dig
new wells. Cost over $60,000.
• Mr. Barkin digs a new well to 250 feet depth. All other neighbors choose to
dig deeper wells of 350 — 500 feet.
• Mr. Barkin adds an additional residential structure to his property
• There is water in the LSCTW (on Barkin's Property) with water depth
readings above the Barkin well water depth. Still the case
• Mr. Barkin's well has blockages at about 219 feet which impede functioning
of well.
• Through 2017 Maderas pays for water truck delivery to Mr. Barkin in good
faith.
Framing the Issue
• Maderas operating under the revised CUP, which defines four Zones.
• CUP requires Maderas to provide water to LSC residents if they run out.
• Assumption: LSC Residents maintain their wells and use water responsibly.
• LSC shown to only be affected by Western Zone well (4 & 5)
• Maderas caps wells 4 & 5, therefore Maderas water use is not affecting Mr.
Barkin.
• Mr. Barkin water management:
• Increased the water demand at his property
• Allows his original well to run dry and fail.
• Mr. Barkin asks for Maderas to pay for water trucks and a new well.
Barkin Residence since Maderas Constructed
2002
2017
Barkin Residence 2017
k
A
Nexus
• Did Maderas well water use
affect Mr.
Barkin's well water —
NO
• Is Maderas benefiting from
CUP while
challenging it's use —
NO
• Maderas agrees that if it uses wells in Western Zone, and there are water
problems in LSC, then Maderas should provide water to LSC residents.
Decision
• Should Maderas pay for Mr. Barkin's water trucks?
• In good faith Maderas has already paid $5,700, even without being the cause
or having a legal responsibility to.
• Should Maderas pay for Mr. Barkin's new well?
• Section M of CUP specifically allows Maderas to select method of water
supply
• Remedy: Maderas to stop using water that affects LSC
• Should City Council clarify CUP?