[Water_news] 5. DWR'S CALIFORNIA WATER NEWS: AGENCIES, PROGRAMS, PEOPLE - 3/20/07

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

March 20, 2007

 

5. Agencies, Programs, People

 

WATER TRANSFER:

QSA hearing could be breakthrough - Imperial Valley Press

 

LITIGATION:

Water districts going to court; Judge clears way for lawsuit over building - Pasadena Star News

 

FLOOD ISSUES:

Letters to the Editor: State isn't flip-flopping on floods - Sacramento Bee

 

LEGAL ISSUES:

Casitas Water District should drop its lawsuit - Ventura County Star

 

FLOOD SAFETY AWARENESS WEEK:

National Weather Service Sets Flood Safety Awareness Week Press Briefing - News Release – Department of Water Resources

 

LEVEE MEETING ANNOUNCED:

West Sac meetings cover levee status and needs - Sacramento Bee

 

 

WATER TRANSFER:

QSA hearing could be breakthrough

Imperial Valley Press – 3/19/07

By Darren Simon, staff writer

 

A water dispute with the potential to shape the Valley’s future could see a significant breakthrough Wednesday as a two-year state appellate court stay is lifted.

The question is will the stay be lifted permanently or just long enough to address the issue of the day — an appeal by Imperial County of its dismissal from the dispute.

Imperial Irrigation District officials are hoping the stay is lifted permanently and the series of complex lawsuits — the consolidated Quantification Settlement Agreement cases — will reach a conclusion.

“This does represent a kind of breakthrough for the QSA consolidated cases,” IID spokesman Kevin Kelley said.

At the center of the issue is the 75-year QSA, which has been a source of controversy since it was adopted in 2003.

 

The QSA is a pact between California water agencies that saw the state’s Colorado River water supply reduced and forced the agencies to address the issue of urban versus agricultural water use.

IID officials who supported the QSA said it was a way of protecting the Valley’s water rights from thirsty urban agencies.

LEGAL CHALLENGES

But as soon as it was adopted and signed by the IID board and other water agencies, the QSA faced a number of legal challenges from local landowners, from environmental groups and from Imperial County.

The county’s lawsuit challenged the IID and the QSA, alleging the environmental documents for the pact failed to adequately address air quality issues, in particular as the Salton Sea is impacted by a shrinking water supply. All the lawsuits were coordinated into the consolidated QSA cases, but the county found its case dismissed.

The county appealed its dismissal to the state appellate court in Sacramento and the court stayed the QSA cases until the county matter was addressed.

The cases have been on hold for two years, and Wednesday’s hearing could bring about a revival of the cases.

“As soon as the matter between the county and IID is resolved the way would be cleared for the consolidated QSA lawsuits to move forward,” Kelley said.

Imperial County supervisors Chairman Larry Grogan said it is time for the county to have its day in court.

“We thought we were dismissed unjustly,” he said.

He added in light of issues surrounding the future of the Salton Sea, which is expected to see its size drastically reduced over the 75 years of the QSA, the county’s lawsuit on environmental issues should move forward.

“I think given the magnitude for the Salton Sea, I think it is certainly justified,” Grogan said.

WATER RIGHTS

Beyond the county’s environmental case, another of the consolidated lawsuits has IID concerned. The case, filed by a group of local farmers known as the Imperial Group, challenges the water rights the district holds in trust. The Imperial Group lawsuit was filed in response to IID’s move to seek court validation of the QSA.

IID officials have said if the Imperial Group prevails in its case, it could place too much power in the hands of landowners to control the Valley’s water supply.

Local farmer Mike Morgan, who heads the Imperial Group, said all his organization wants to do is maximize the use of water and create a fabric of trust among all water users.

“If IID still wants to play landowner against the public, it is a losing deal for the region,” Morgan said.

IID President Stella Mendoza said water is a public resource to be shared by all water users and she said if any one group gained control of the water rights, the Valley would suffer.

“To place control of our water in the hands of a select group would be the beginning of the end for the Valley,” Mendoza said. #

http://www.ivpressonline.com/articles/2007/03/20/news/news02.txt

 

 

LITIGATION:

Water districts going to court; Judge clears way for lawsuit over building

Pasadena Star News – 3/19/07

 

LOS ANGELES - The West Basin Municipal Water District can take its former water partner - which supplies water utilities in the Whittier area - to trial over the ownership of their former headquarters, a judge ruled Monday.

 

Los Angeles Superior Court Judge Elihu M. Berle rejected a motion by attorneys for the Central Basin Municipal Water District to dismiss the fraud allegations on grounds they are too vague.

 

However, Berle said Central Basin raised some legitimate issues in its arguments that it could bring up again just before trial or during trial.

 

Both water districts belong to the Metropolitan Water District. They each sell water to local water utilities. The Central Basin supplies much of the Southeast area of Los Angeles County, while the West Basin serves the South Bay area.

 

The two districts had the same management staff until July 1, when they "divorced," splitting off and going under separate management staffs. Both still operate out of the same building in Carson, but are now on different floors.

 

Officials for Central Basin have said they plan to move from the Carson office.

 

In January, Berle ruled in favor of Central Basin and dismissed the fraud cause of action.

 

But the judge gave West Basin time to file a new complaint with more solid arguments. On Monday, Berle agreed West Basin had stated a sufficient case.

 

The lawsuit maintains West Basin bought the building, 17140 S. Avalon Blvd. in Carson, in 1992 and financed improvements at a total cost of $4.15 million.

 

Both agencies used the building as a joint headquarters and agreed for financial reasons to put title in Central Basin's name, the lawsuit stated.

 

However, Central Basin did not comply with an agreement to transfer a half interest in the property to a joint financing authority the two districts set up for business reasons in 1992, the lawsuit stated.

 

West Basin would not have allowed the deed to be put exclusively in Central Basin's name without a commitment to conveying the half-interest to the joint authority, the lawsuit stated.

 

By not complying with the agreement, Central Basin caused West Basin to lose rent income from third-party tenants in the building that Central Basin evicted, the lawsuit stated.

 

Central Basin countersued West Basin on Oct. 4, alleging overpayments for building renovations and bonds, and that employee time sheets were manipulated.

 

The trial is set for July 30. But West Basin attorney Bradley D. Pierce told Berle Monday that both sides are making progress in settling the case and go before a mediator on Wednesday.  #

http://www.pasadenastarnews.com/news/ci_5474655

 

 

FLOOD ISSUES:

Letters to the Editor: State isn't flip-flopping on floods

Sacramento Bee – 3/19/07

By Lester Snow, Sacramento, Director, Dept. of Water Resources

 

Re "Flood flip-flops: Where does governor stand? / State is on the hook for massive damages; local governments need to share in risk," editorial, March 11: The Bee rightly gives credit to Gov. Arnold Schwarzenegger and lawmakers for focusing attention and funding on flood improvements. While it correctly points out that more needs to be done to reduce state taxpayer risk for flood damage, there has been no flip and nothing has flopped.

 

In addition to guiding the investment of $5 billion in voter-approved bonds, a new Department of Water Resources initiative, Floodsafe California, will support regional flood planning and projects that have public safety, environmental and sustainability benefits.

 

Integrating land-use planning with flood management is essential. DWR is providing Central Valley communities with up-to-date information about flood protection. This will allow them to make better land-use decisions, improve emergency response and encourage property owners to buy flood insurance.

 

The Legislature is trying to find the best approach to integrate flood-risk considerations into local land-use determinations. This will ensure that communities take steps to protect lives, safeguard property and reduce state liability for floods. The governor has done more for flood protection than any other chief executive in California history. Now, he is forging ahead with an even stronger commitment to reduce flood risk for all Californians. #

http://www.sacbee.com/110/story/139435.html

 

 

LEGAL ISSUES:

Casitas Water District should drop its lawsuit

Ventura County Star – 3/20/07

By Richard Handley, he represents Division 4 of the Casitas Municipal Water District

 

Mark Twain is reported to have said that whiskey is for drinking and water is for fighting. In the case of the Casitas Municipal Water District versus the United States of America, there is a lot more at stake than a fight over water for people or fish.

 

The Casitas Water District operates under agreements and licenses issued by both the state and federal governments. To sue one of these regulatory partners is a risky proposition at best. At the crux of this case is a challenge to the California Water Resources Control Board's authority to regulate free-flowing water in the rivers of California.

 

The Casitas Water District currently holds a license from the State Water Board to divert water from the Ventura River to the Casitas Reservoir. This license is subject to the jurisdiction of the State Water Board. And if the Casitas lawsuit is allowed to proceed, it could trigger a very harsh response from that board.

 

The most vital aspect of the lawsuit concerns Casitas Water District's insistence that the district holds a property right to the water in the Ventura River, just as a homeowner holds a property right to his or her home. But California water law clearly states that water flowing in every river and stream in the state is owned by the people of California.

 

The California attorney general wrote in a brief filed in this case that: "The state as trustee of the public trust retains supervisory control over the state's water and no party has vested rights to appropriate water in a manner harmful to that trust." Another brief filed by the Association of California Water Agencies states that: "The Water Resources Control Board must consider relative benefits to be derived from all beneficial uses and must take into account whenever it is in the public interest, the amounts of water required for recreation and preservation and enhancement of fish and wildlife resources."

 

In a court case a few years ago involving the Los Angeles Department of Water and Power's diversions of water from Mono Lake, the court found that, "State authority applies to Mono Lake and bars DWP or any other party from claiming a vested right to divert water once it becomes clear that such diversions harm the interests protected by the public trust."

 

Considering the strong language contained in the brief filed by the attorney general, I am concerned that the Casitas lawsuit could result in a modification, or even a revocation, of the Casitas Water District's right to divert water from the Ventura River.

 

Simply put, the Casitas Water District does not own the water in the Ventura River. That ownership was bestowed upon the people of California by the state Legislature more than 100 years ago. By pursuing this lawsuit, the district is, in effect, challenging the state's constitutional right to regulate water use. So, even if the Casitas Water District eventually wins a monetary award should it prevail (which I find highly unlikely, as appeals could drag the case out for years) by challenging the state's authority to regulate water use, the district is taking the chance of having its water license modified, limited or even revoked. In effect, by pursuing this lawsuit, the Casitas Water District is kicking its regulatory partners in the teeth and thumbing its nose in a manner that could trigger a much bigger loss of water in the future than what is currently being required for the fish.

 

Richard Handley represents Division 4 of the Casitas Municipal Water District. This commentary is not an official position of the Casitas Water District or its board of directors. #

http://www.venturacountystar.com/vcs/opinion/article/0,1375,VCS_125_5428941,00.html

 

 

FLOOD SAFETY AWARENESS WEEK:

National Weather Service Sets Flood Safety Awareness Week Press Briefing

News Release – Department of Water Resources – 3/19/07

Contacts: DWR, Elissa Lynn, Senior Meteorologist, 916-574-2221; Sue Sims, Public Affairs, 916-651-7242; National Weather Service, Cindy Matthews, 916-979-3041 ext. 334

 

SACRAMENTO, Calif.--(BUSINESS WIRE)--The National Weather Service’s Sacramento Office will hold a press briefing at 10 a.m. on Thursday, March 22 in conjunction with National Flood Safety Awareness Week.

 

Representatives from the California-Nevada River Forecast Center and the State of California’s Department of Water Resources will highlight flood preparedness efforts, warning procedures, and current water storage status.

Following brief comments on flood safety awareness, local, state, and federal agency representatives will be available to answer questions about water and flood management.

 

Additional brochures, displays, and information about locating flood information on the Internet will also be available.

 

Location:  Conference Room 232

           Joint Operations Center

           3310 El Camino Avenue

           Sacramento, CA 95821

 

The Department of Water Resources operates and maintains the State Water Project, provides dam safety and flood control and inspection services, assists local water districts in water management and water conservation planning, and plans for future statewide water needs.

 

Contact the DWR Public Affairs Office for more information about DWR's water activities.

www.water.ca.gov

 

 

LEVEE MEETING ANNOUNCED:

West Sac meetings cover levee status and needs

Sacramento Bee – 3/20/07

 

The city will hold a series of monthly workshops to discuss the status of its levees.

 

The first workshop will be March 27 to discuss results of levee assessment work performed by engineering consultants, according to Stephen Patek, director of Public Works and Community Development.

 

The workshops also will provide information about projected costs and financing strategies needed to maintain the city's flood protection status in the wake of new federal criteria.

 

The March 27 workshop will be at 6:30 p.m. in the City Council chambers, 1110 West Capitol Ave.

 

Subsequent workshops are scheduled for April 17, May 15, and June 5.

 

For more information, visit the Web site www.westsacfloodprotection.com or call (916) 617-4500.

http://www.sacbee.com/101/story/140796.html

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