Superior court of the state of california for the county of santa clara



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WAYNE K. LEMIEUX (SBN.43501)

W. KEITH LEMIEUX (SBN. 161850)

LEMIEUX & O’NEILL

2393 Townsgate Road, Suite 201

Westlake Village, California 91361

Telephone: (805) 495-4770

Facsimile: (805) 495-2787
Attorneys for Cross-Defendants:

APIO LAND CO., et al.



SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA


SANTA MARIA VALLEY WATER CONSERVATION DISTRICT, a public entity,
Plaintiff,

vs.


CITY OF SANTA MARIA, et al.,
Defendants.

_____________________________________

AND RELATED CROSS-ACTIONS


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CASE NO. CV 770214
[Initial Complaint Filed 7/14/97]
[Assigned For All Purposes to

Hon. Conrad Rushing]


CROSS-DEFENDANTS RESPONSES TO ARROYO GRANDE'S FIRST SET OF

SPECIAL INTERROGATORIES





PROPOUNDING PARTY: Cross-Complainant ARROYO GRANDE
RESPONDING PARTY: Cross-Defendants, APIO LAND CO., ET AL.1
SET NO.: One (Nos. 1-25)

Pursuant to Code of Civil Procedure section 2030, Cross-Defendants, APIO LAND CO., ET AL (collectively "Responding Party") hereby respond to Cross-Complainant ARROYO GRANDE's First Set of Special Interrogatories as follows.



INTERROGATORY NO. 1:

If YOU contend that water production by any of the NORTHERN CITIES affects water supplies/availability of any other party to this ACTION, state all facts which support YOUR contention. For purposes of these interrogatories, the term "YOU" or "YOUR" mean Cross-Defendant Landowners Charles W. Adam, Apio Land Co. , Dominick Ardantz, Henri P. Ardantz, Victoria Ardantz, Edward F. Banks, Betteravia Properties, Kathryn W. Donovan, Ferini Ranch, Inc., Norma Rice Goodbrod, Christina A. Killgore, Roy E. Killgore, Dorothy Laine, Maretti & Minetti Ranch Company, Clarence Minetti Family Limited Partnership, John W. Maulhardt, Fredene Maulhardt, NRG Enterprises, OSR Enterprises, Inc., OSR Ranch Limited Partnership, Daniel Phelan, Ruth Marie Phelan, Pybas Vegetable Seed Co., Inc., Owen T. Rice & Son, Jacqueline Ruffoni, John Ruffoni, San Ysidro Farms, Sheehy Partners, LP, James Sharer, Edward W. Silva, a decedent, Helen E. Silva, Manuel Silva, Jr., Silva IV, V, & VI, LPS , Clifford Souza, Lucille Souza, Virginia Souza, Pauline Souza, Lillian Sutti, TH Limited Partnership, Kathleen J. Tompkins, Nicholas J. Tompkins, Ruthanne Tompkins, Dorothy Travis, Lou Jean Wortley, Rollin K. Wortley, and any official, employee, attorney, consultant, agent or representative acting on their behalf; the term "NORTHERN CITIES" means the City of Arroyo Grande, the City of Pismo Beach, the City of Grover Beach, and the Oceano Community Services District; the term "ACTION" refers to Case Number CV 770214 (consolidated with CV 784900, 784921, 784926, 785509, 785511, 785515, 785522, 785936, 786971, 787150, 787151, 787152, 990738, 990739) in Santa Clara Superior Court.

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RESPONSE TO INTERROGATORY NO. 1:



Responding party objects to this interrogatory to the extent it calls for information which is in the domain of expert witnesses, which have not yet been deposed. Further, Responding party objects to this interrogatory to the extent it seeks information which is equally available to the propounding party about the pumping practices of third parties. Without waiving these objections, Responding party responds as follows: Based on the Order of the Court in the above-entitled action dated January 9, 2001, the Northern Cities are located within the same groundwater basin as Responding party and others. On this basis, Responding party contends water production by the Northern Cities may affect other parties to this action, including Responding party.

INTERROGATORY NO. 2:

If YOU contend that any of the NORTHERN CITIES' water production affects water supplies/availability of any other party in this ACTION, IDENTIFY all PERSONS with knowledge of facts which support YOUR contention. For purposes of these interrogatories, the term "IDENTIFY," when uses in conjunction with a PERSON, means to state the PERSON'S name, last known business address or home address and telephone number; the term "PERSONS" mean, without limitation, any individual human being, corporation, partnership, joint venture, association, organization government agency or any other business or legal entity.



RESPONSE TO INTERROGATORY NO. 2:

Responding party objects to this interrogatory to the extent it calls for information which is in the domain of expert witnesses, which have not yet been deposed. Further, Responding party objects to this interrogatory to the extent it seeks information which is equally available to the propounding party about the pumping practices of third parties. Without waiving these objections, Responding party responds as follows:

Bob Wagner Wagner & Bonsignore, 444 North Third Street Suite 325,

Sacramento, CA 95814-0228


Jim Hanson 444 North Third Street, Suite 400, Sacramento, CA

95814-0228

Paul Sorenson Fugro West, Inc., 1012 Pacific Street, Suite A, San Luis Obispo, CA 93401

Bill Dendy 429 “F” Street, #2, Davis, CA 95616

Bob Beeby 816 State Street, Suite 500, Santa Barbara, CA 93101

Stan Powell Science Applications International Corporation, 3800 Watt Ave., Suite 210, Sacramento, CA 95821

Terry Foreman CH2M Hill, 325 East hillcrest Drive, Suite 125, Thousand Oaks, CA 91360-5828

Joe Scalmanini Luhdorff & Scalmanini, 500 First Street, Woodland, CA 95695

Liese Schadt Luhdorff & Scalmanini, 500 First Street, Woodland, CA 95695

Richard Slade Richard C. Slade & Associates, LLC, 6442 Coldwater Canyon

Ave., Suite 214, No. Hollywood, CA 91606

Scott Moors Bing Yen & Associates, Inc., 2310 Ponderosa Drive, Suite 1,

Camarillo, CA 93010

Barry Hecht Balance Hydrologics, Inc., 900 Modoc Street, Berkeley, CA

94707-2208

Tim Cleath Cleath & Associates, 1390 Oceanaire Drive, San Luis Obispo,

CA 93405

Chuck Binder Navigant Consulting, Inc., 3100 Zinfandel Drive, Suite 600,

Rancho Cordova, CA 95670
INTERROGATORY NO. 3:

If YOU contend that any of the NORTHERN CITIES' water production affects water supplies/availability of any other party in this ACTION, IDENTIFY each and every DOCUMENT which supports YOUR CONTENTION. For purposes of these interrogatories, the term "IDENTIFY," when used in conjunction with a DOCUMENT, means to state the type of DOCUMENT (e.g., letter, request . . .), the date it was prepared, its author, its recipients, and its DOCUMENT number, if any. The term DOCUMENT means and includes any form of "writing" as defined in Evidence Code section 250.



RESPONSE TO INTERROGATORY NO. 3:

*______________, various dates, “Gentleman’s Agreement,” packet of various agreements, memoranda, and other documents all referred to as the gentleman’s agreement concerning pumping in the Arroyo Grande/Tri-Cities area.

*California Department of Water Resources, May 1958, San Luis Obispo County Investigation, Volume I-Text and Plates, Bulletin No. 18.

*California Department of Water Resources, May 1958, San Luis Obispo County Investigation, Volume II-Appendices, Bulletin No. 18.

*California Department of Water Resources, February 1970, Sea-Water Intrusion: Pismo-Guadalupe Area, Bulletin No. 63-3.

*California Department of Water Resources, September 1975, California’s Ground Water, Bulletin No. 118.

*California Department of Water Resources, January 2000, Water Resources of the Arroyo Grande-Nipomo Mesa Area, Southern District, Revised Final Draft Report.

*CH2M Hill, August 16, 2000, Proposed Methodology to Delineate Santa Maria Groundwater Basin Boundaries, memorandum prepared by Terry Foreman.

*CH2M Hill, December 2000, Santa Maria Groundwater Basin, map designated as Exhibit A to the declaration of Terry Foreman.

*Cleath, Timothy S., June 17, 1986, Ground Water Resources, Parcel Map AG-79-52, Letter report submitted to Busick-Gearing Development Co.

*Cleath, Timothy S., February 8, 1989, Site Assessment Plan, Gasoline Contamination in Soil at 148 S. Wilson Street, Nipomo, California, Letter report submitted to Nipomo Community Services District.

*Cleath & Associates, June 15, 1990, Water Supply Availability, Nipomo Valley Speedling Corporation Project, Letter report submitted to Studio Design Group.

*Cleath & Associates, November 14, 1990, Pump Test at New Church Site, Thompson Road at Highway 101, Nipomo, California, APN 901-091-043, Letter report submitted to Nipomo Community Presbyterian Church.

*Cleath & Associates, October 28, 1994, Hilton Site Hydrogeologic Assessment Report, Letter report submitted to South San Luis Obispo County Sanitation District.

*Cleath & Associates, November 23, 1994, Bartleson Hydrogeologic Studies, Letter report and Appendix B (Hydrogeologic Study for Bartleson Development Plan) submitted to The Morro Group.

*Cleath & Associates, November 20, 1995, Mehlschau Site Hydrogeologic Assessment Report, APN 090-051-023, Nipomo, San Luis Obispo County, Letter report submitted to South San Luis Obispo County Sanitation District.

*Cleath & Associates, April 1996, Water Resources Management Study for The Woodlands, Report prepared for U.S. Industries.

*Cleath & Associates, July 1997, Hydrogeologic Study of the Nipomo Community Services District Wastewater Disposal Site, Report prepared for Nipomo Community Services District.

*Cleath & Associates, October 1, 1997, Ground Water Study at Hi Thompson Investments Property, Sheehy Road at North Dana Foothill Road (APN# 090-041-072), Arroyo Grande, Letter report submitted to Hi Thompson Investments, Inc.

*Cleath & Associates, October 27, 1998, Hydrogeologic Assessment of the Proposed Lucia Mar USD High School Site, Thompson Road, Nipomo, Letter report submitted to Firma.

*Cleath & Associates, February 11, 2000, January 2000 Ground Water Monitoring at Mesa Dunes Mobile Home Park, Nipomo Mesa, Letter report submitted to John L. Wallace and Associates.

*Cleath & Associates, March 31, 2000, Report for January 2000 Ground Water Monitoring at Cypress Ridge, Nipomo Mesa, Waste Discharge Order 97-66, Letter report submitted to John L. Wallace and Associates.

*Cleath & Associates, March 2001, Nipomo Valley/Nipomo Mesa Geologic Cross Sections.

*Cleath & Associates, May 2, 2001, Municipal Ground Water Production from Arroyo Grande/Tri-Cities Mesa, Letter report submitted to Expert Group for the Santa Maria Valley Ground Water Basin Litigation.

*Dendy, Bill, March 3, 2001 (draft), Outline of Potential Groundwater Management Approach for the Nipomo Mesa Management Area and Adjacent Management Areas.

*Dibblee, Jr., Thomas W., 1989, Geologic Map of the Casmalia and Orcutt Quadrangles, Santa Barbara County, California, Dibblee Geological Foundation Map #DF-24, 1:24,000.

*Dibblee, Jr., Thomas W., 1989, Geologic Map of the Point Sal and Guadalupe Quadrangles, Santa Barbara County, California, Dibblee Geological Foundation Map #DF-25, 1:24,000.

*Dibblee, Jr., Thomas W., 1994, Geologic Map of the Santa Maria and Twitchell Dam Quadrangles, Santa Barbara County, California, Dibblee Geological Foundation Map #DF-51, 1:24,000.

*Dibblee, Jr., Thomas W., 1994, Geologic Map of the Tepusquet Canyon Quadrangle, Santa Barbara County, California, Dibblee Geological Foundation Map #DF-52, 1:24,000.

*Dibblee, Jr., Thomas W., 1994, Geologic Map of the Sisquoc Quadrangle, Santa Barbara County, California, Dibblee Geological Foundation Map #DF-53, 1:24,000.

*Dibblee, Jr., Thomas W., 1994, Geologic Map of the Foxen Canyon Quadrangle, Santa Barbara County, California, Dibblee Geological Foundation Map #DF-54, 1:24,000.

*Dibblee, Jr., Thomas W., 1994, Geologic Map of the Zaca Lake Quadrangle, Santa Barbara County, California, Dibblee Geological Foundation Map #DF-55, 1:24,000.

*Enloe Well Drilling, January 4, 2000, Pump Test Report and Well Completion Report for Patterson Academy Well.

*James C. Hanson Consulting Civil Engineer, June 8, 2000, Groundwater well information and groundwater elevation data for selected wells from data base provided by Santa Barbara County Flood Control & Water Conservation District and Water Agency.

*James C. Hanson Consulting Civil Engineer, June 2000, Topographical base map with delineation of Santa Maria Groundwater Basin Boundary, Scale 1 inch equals 4,000 feet.

*Luhdorff & Scalmanini Consulting Engineers, March 2000, Development of a Numerical Ground-Water Flow Model and Assessment of Ground-Water Basin Yield, Santa Maria Valley Ground-Water Basin, Report prepared for Santa Maria Valley Water Conservation District.

*Nitchman, Steve P., May 1988, Tectonic Geomorphology and Neotectonics of the San Luis Range, San Luis Obispo County, California, Thesis submitted in partial fulfillment of the requirements for the degree of Master of Science in Geology, University of Nevada, Reno.

*San Luis Obispo County, December 2000, Boundary Map, Zone 3—Lopez Water Systems, County Flood Control and Water Conservation District, map prepared by Engineering Department, Hydraulic Operations Division.

*Science Applications International Corporation, February 2001 (draft), Orthophoto base map of Nipomo Mesa Management Area.

*Science Applications International Corporation, February 2001 (draft), Topographic base map of Nipomo Mesa Management Area.

*U.S. Geological Survey, 1965, Nipomo, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1967, Caldwell Mesa, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1967, Chimney Canyon, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1967, Tar Spring Ridge, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1974, Foxen Canyon, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1974, Huasna Peak, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1974, Point Sal, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1974, Sisquoc, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1978, Orcutt, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1978, Tepusquet Canyon, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1982, Casmalia, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1982, Guadalupe, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1982, Santa Maria, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1982, Twitchell Dam, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1993, Arroyo Grande NE, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1994, Oceano, Calif. Quadrangle, 1:24,000.

*U.S. Geological Survey, 1994, Pismo Beach, Calif. Quadrangle, 1:24,000.

*Wagner & Bonsignore Consulting Civil Engineers, September 2000, Geologic base map with delineation of Santa Maria Groundwater Basin Boundary, Scale 1 inch equals 4,000 feet.

*Wagner, Robert C. and James C. Hanson, September 2000, Working Map Showing Approximate Limits of the Santa Maria Groundwater Basin.

*Worts, G. F., Jr., 1951, Geology and Ground-Water Resources of the Santa Maria Valley Area, California, U.S. Geological Survey, Water Supply Paper 1000.

INTERROGATORY NO. 4:

If YOU contend that past water production by any of the NORTHERN CITIES has ever affected water supplies/availability of any other party in this ACTION, state all facts which support YOUR contention.



RESPONSE TO INTERROGATORY NO. 4:

Responding party objects to this interrogatory to the extent it calls for information which is in the domain of expert witnesses, which have not yet been deposed. Further, Responding party objects to this interrogatory to the extent it seeks information which is equally available to the propounding party about the pumping practices of third parties. Without waiving these objections, Responding party responds as follows: Based on the Order of the Court in the above-entitled action dated January 9, 2001, the Northern Cities are located within the same groundwater basin as Responding party and others. On this basis, Responding party contends water production by the Northern Cities may affect other parties to this action, including Responding party.



INTERROGATORY NO. 5:

If YOU contend that past water production by any of the NORTHERN CITIES has ever affected water supplies/availability of any other party in this ACTION, IDENTIFY all PERSONS with knowledge of facts which support YOUR contention.



RESPONSE TO INTERROGATORY NO. 5:

Responding party objects to this interrogatory to the extent it calls for information which is in the domain of expert witnesses, which have not yet been deposed. Further, Responding party objects to this interrogatory to the extent it seeks information which is equally available to the propounding party about the pumping practices of third parties. Without waiving these objections, Responding party responds as follows:

Bob Wagner Wagner & Bonsignore, 444 North Third Street Suite 325,

Sacramento, CA 95814-0228


Jim Hanson 444 North Third Street, Suite 400, Sacramento, CA

95814-0228

Paul Sorenson Fugro West, Inc., 1012 Pacific Street, Suite A, San Luis Obispo, CA 93401

Bill Dendy 429 “F” Street, #2, Davis, CA 95616

Bob Beeby 816 State Street, Suite 500, Santa Barbara, CA 93101

Stan Powell Science Applications International Corporation, 3800 Watt Ave., Suite 210, Sacramento, CA 95821

Terry Foreman CH2M Hill, 325 East hillcrest Drive, Suite 125, Thousand Oaks, CA 91360-5828

Joe Scalmanini Luhdorff & Scalmanini, 500 First Street, Woodland, CA 95695

Liese Schadt Luhdorff & Scalmanini, 500 First Street, Woodland, CA 95695

Richard Slade Richard C. Slade & Associates, LLC, 6442 Coldwater Canyon

Ave., Suite 214, No. Hollywood, CA 91606

Scott Moors Bing Yen & Associates, Inc., 2310 Ponderosa Drive, Suite 1,

Camarillo, CA 93010

Barry Hecht Balance Hydrologics, Inc., 900 Modoc Street, Berkeley, CA

94707-2208

Tim Cleath Cleath & Associates, 1390 Oceanaire Drive, San Luis Obispo,

CA 93405

Chuck Binder Navigant Consulting, Inc., 3100 Zinfandel Drive, Suite 600,

Rancho Cordova, CA 95670
INTERROGATORY NO. 6:

If YOU contend that past water production by any of the NORTHERN CITIES has ever affected water supplies/availability of any other party in this ACTION, IDENTIFY each and every DOCUMENT which supports YOUR CONTENTION.



RESPONSE TO INTERROGATORY NO. 6:

Responding party objects to this interrogatory to the extent it calls for information which is in the domain of expert witnesses, which have not yet been deposed. Further, Responding party objects to this interrogatory to the extent it seeks information which is equally available to the propounding party about the pumping practices of third parties. Without waiving these objections, Responding party responds as follows:



*______________, various dates, “Gentleman’s Agreement,” packet of various agreements, memoranda, and other documents all referred to as the gentleman’s agreement concerning pumping in the Arroyo Grande/Tri-Cities area.

*California Department of Water Resources, May 1958, San Luis Obispo County Investigation, Volume I-Text and Plates, Bulletin No. 18.

*California Department of Water Resources, May 1958, San Luis Obispo County Investigation, Volume II-Appendices, Bulletin No. 18.

*California Department of Water Resources, February 1970, Sea-Water Intrusion: Pismo-Guadalupe Area, Bulletin No. 63-3.

*California Department of Water Resources, September 1975, California’s Ground Water, Bulletin No. 118.

*California Department of Water Resources, January 2000, Water Resources of the Arroyo Grande-Nipomo Mesa Area, Southern District, Revised Final Draft Report.

*CH2M Hill, August 16, 2000, Proposed Methodology to Delineate Santa Maria Groundwater Basin Boundaries, memorandum prepared by Terry Foreman.

*CH2M Hill, December 2000, Santa Maria Groundwater Basin, map designated as Exhibit A to the declaration of Terry Foreman.

*Cleath, Timothy S., June 17, 1986, Ground Water Resources, Parcel Map AG-79-52, Letter report submitted to Busick-Gearing Development Co.

*Cleath, Timothy S., February 8, 1989, Site Assessment Plan, Gasoline Contamination in Soil at 148 S. Wilson Street, Nipomo, California, Letter report submitted to Nipomo Community Services District.

*Cleath & Associates, June 15, 1990, Water Supply Availability, Nipomo Valley Speedling Corporation Project, Letter report submitted to Studio Design Group.

*Cleath & Associates, November 14, 1990, Pump Test at New Church Site, Thompson Road at Highway 101, Nipomo, California, APN 901-091-043, Letter report submitted to Nipomo Community Presbyterian Church.

*Cleath & Associates, October 28, 1994, Hilton Site Hydrogeologic Assessment Report, Letter report submitted to South San Luis Obispo County Sanitation District.

*Cleath & Associates, November 23, 1994, Bartleson Hydrogeologic Studies, Letter report and Appendix B (Hydrogeologic Study for Bartleson Development Plan) submitted to The Morro Group.
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