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[Water_news] 2. DWR'S CALIFORNIA WATER NEWS: SUPPLY - 11/1/07

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment 

 

November 1, 2007

 

2. Supply

 

PIPELINE PROJECT:

Nacimiento pipeline plan down to last holdouts as some eminent domain cases still not settled; Some big names in development, and some small ones, have not settled eminent domain cases; in many instances, it’s a matter of getting a price - San Luis Obispo Tribune

 

RAMONA WATER DISTRICT ISSUES:

Ramona water district probe launched; Manager's reluctance to accept help during fire angers residents - San Diego Union Tribune

 

WATER CONSERVATION AWARD:

Native plant maven wins conservation award - Contra Costa Times

 

 

PIPELINE PROJECT:

Nacimiento pipeline plan down to last holdouts as some eminent domain cases still not settled; Some big names in development, and some small ones, have not settled eminent domain cases; in many instances, it’s a matter of getting a price

San Luis Obispo Tribune – 11/1/07

By Sally Connell, staff writer

 

There are 12 to 15 eminent domain cases left in local courts for the Nacimiento Water Project, the last holdouts against the county’s effort to obtain a pathway across public and private property for the 45-mile pipeline.

 

Some of the biggest names in county development are among the property owners still to settle with the county, but small ones are affected as well.

 

Money offered for pipeline easements and deposited in a special account with the state treasurer start at $1,000 and reach as high as almost $400,000 in one case.

 

North County homebuilders David and Mary Weyrich and Rex Hendrix are among the property owners named in separate actions by the county, as is the Monterey County Water Resources Agency.

 

Eminent domain refers to the condemnation actions taken by a public agency—in this case, the San Luis Obispo County Flood Control and Water Conservation District—to take private land for public projects. Under state law, the property owners are to be compensated with the fair market value of the land.

 

In many of the cases heard in San Luis Obispo Superior Court, judges have already allowed the county to take possession of the land. All that remains to be determined is a price in further court action.

 

“If the public entity makes a finding of necessity, they have the power of condemnation, like it or not,” said San Luis Obispo attorney James Duenow, who has provided some legal advice to Hendrix on the issue. “Sometimes you can make them change it or make it more safe, but you can’t stop it.”

 

The project

 

The Nacimiento Water Project has been put out to bid, and bonds have been sold. The estimated price is $178 million, and it is planned to provide water from Nacimiento Lake to Paso Robles, San Luis Obispo, Atascadero, Templeton and Cayucos. While the project is managed by the county, the five municipalities are paying its full cost.

 

Monterey County built and manages Nacimiento Lake even though it is inside San Luis Obispo County.

 

The agreement in 1957 that led to the lake’s construction allowed San Luis Obispo County to take 15,775 acre-feet of water from the lake annually. An acre-foot serves one to three houses per year, depending on house size and amount of water needed for landscaping.

 

The Nacimiento Water Project will be the first time the North County lake has been tapped by San Luis Obispo County municipalities for drinking water.

 

A ceremonial groundbreaking on the pipeline was held last week, but it’s expected to be early 2008 before people see obvious signs of construction. Completion is expected by late 2010.

 

In the pipeline’s case, the condemnation actions seek permanent rights of way for the actual pipeline location and temporary easements to get on properties during construction.

 

The county has offered 40 percent of the appraised value of the land where the pipeline is to be situated — not the entire lot, according to Nacimiento project manager John Hollenbeck. The offers have been made on the presumption that the pipeline will be buried more than three feet underground and the property owner can use and landscape the surface, Hollenbeck said, though buildings will not be allowed.

 

“We’re checking them off slowly,” he said of the last properties.

 

Disputes remaining

 

In its own dispute with San Luis Obispo County, the Monterey County water agency has sought and received a change of venue to what is supposed to be a neutral Santa Barbara County Superior Court. Monterey is disputing the value of its property at the lake’s edge.

 

San Luis Obispo County offered $399,000 to Monterey County for the area of the intake facility just north of the dam and for piping out into the reservoir itself, according to court filings.

 

The Weyrichs were named as defendants in a county eminent domain action also aimed at the Santa Ysabel Ranch Homeowners Association and the Weyrich Development Co.

 

A pipeline pump station is planned to straddle the property there, and the county made a deposit of $3,000 with the state treasurer on that land.

 

The Weyrichs also own some adjacent properties where pipeline easements have been sought.

 

“We’re basically working with the county, and there is no story there,” said Tippi Rabener, a Weyrich spokeswoman.

 

Attorney Thomas “Ty” Green represents Lawrence and Judy Honerkamp in their case with the county. It’s almost impossible to fight the taking of the land, he said, but he is concerned about the $1,000 offer to his clients and the 40 percent figure the county is using for pipeline easement values.

 

“I disagree with their percentage. I think it’s more along the lines of 70 percent,” he said. #

http://www.sanluisobispo.com/news/local/story/181385.html

 

 

RAMONA WATER DISTRICT ISSUES:

Ramona water district probe launched; Manager's reluctance to accept help during fire angers residents

San Diego Union Tribune – 11/1/07

By Craig Gustafson and J. Harry Jones, staff writers

 

As San Diegans know too well, fire doesn't abide by boundaries.

 

So the reluctance of the Ramona Municipal Water District to accept help from other water agencies amid the Witch Creek fire – when restoring the water supply was crucial to lifting an evacuation notice – has county and fire officials scratching their heads.

 

The Ramona water board launched an investigation Tuesday night into the district's fire response. A board member also criticized the lack of transparency, calling general manager Tom Brammell's evasive answers to questions a “code of silence.”

 

By most accounts, residents could have returned to Ramona earlier than Oct. 25 – one week ago today and four days after the fire began – had the water district asked for assistance, or at least not turned down offers of help from the San Diego County Water Authority.

 

“People probably would have been back in Ramona sooner and also they would have had drinking water sooner, if they'd acted quicker,” said Walt Ekard, the county's chief administrative officer.

 

On Oct. 24, Brammell declined an offer of assistance from Maureen Stapleton, general manager of the San Diego County Water Authority, telling her that he could handle the situation.

 

A day later, the Witch Creek fire no longer posed an imminent threat to Ramona. But fire officials refused to lift the evacuation notice until the water supply was restored in case the fire returned.

 

Frustrated by what had happened, Ekard called Brammell that day to persuade him to allow as many as 100 employees from other water agencies to help get the water system back up. Brammell declined.

 

Later in the same call, fire officials also urged Brammell to consider the gravity of the situation as hundreds of frustrated Ramonans had lined the blocked-off roads leading to the town. Tempers at the blockades were starting to flare.

 

An hour or so later, Brammell accepted the help. With the knowledge that the water system would be turned on soon, and additional water tankers available, the evacuation order was lifted that evening.

 

Carlsbad Fire Chief Kevin Crawford, who was serving as acting area fire coordinator, described the phone conversation as contentious.

 

County Supervisor Dianne Jacob, who has criticized the Ramona water district for its response, said she has never heard of a public agency refusing help in an emergency.

 

“I don't ever remember this being an issue nor was this an issue during this fire event except for Ramona,” she said. “Now it will be up to the people of Ramona to work with their water district to fix the long-term problem to make sure this never happens again.”

 

At an emotional meeting Tuesday, Brammell told the Ramona water board and hundreds of angry residents that he had no control over the evacuation notice. He said all he knew was that he was on a conference call with a group of people last week during which he explained the water situation.

 

“I don't believe anybody didn't do the right thing,” Brammell said. “I'm sure whatever the issue, we can all get over it.”

 

Asked if he received all the help he could have from other agencies, Brammell responded: “Yes.” The answer was met with several shouts of profanity from a few audience members.

 

Ramona's water problem started when the Witch Creek fire destroyed the power lines to a pumping station in Poway that supplies the town with water. The station lacked a backup generator; voters rejected a proposal to buy one in 1989.

 

The water district requested generators from the county water authority Oct. 23 and the first of three were supplied later that night. But the system needed to be repressurized, which couldn't happen until all 10,000 water meters in Ramona were switched off.

 

Two days later, when Ekard called Brammell, the district had only shut off 3,000 meters. Brammell reluctantly accepted help about 2 p.m., and an influx of water experts helped shut down the remaining 7,000 meters within 14 hours.

 

It took another 14 hours Saturday to turn the meters back on. The water was then tested over the next few days and deemed drinkable Tuesday morning.

 

The water board – including Director Kit Kesinger, who lost his home in the fire – agreed that Brammell and the district should have communicated better with the public. They said all aspects of how the district handled the emergency will be the subject of a board investigation. #

http://www.signonsandiego.com/uniontrib/20071101/news_1m1ramona.html

 

 

WATER CONSERVATION AWARD:

Native plant maven wins conservation award

Contra Costa Times – 11/1/07

By Chris Treadway, staff writer

 

SAN PABLO -- Kathy Kramer will rub elbows with some high-profile company today because of an idea that took root just outside the door of her San Pablo home.

 

Kramer, who started the "Bringing Back the Natives Garden Tour" in Contra Costa and Alameda counties in 2005, is one of 12 honorees at this year's National Wildlife Federation Conservation Achievement Awards in Washington, D.C., joining distinguished recipients such as former Vice President Al Gore and California Gov. Arnold Schwarzenegger.

 

"It's thrilling for me, but it's also great for the native movement to have this exposure," Kramer said by cell phone this week while listening to a band play in front of the Lincoln Memorial.

 

Kramer will be honored with the federation's Education Achievement award for "exemplary leadership in educating and engaging both students and adults about their local environment."

 

For three years, she has organized the free, self-guided tour of East Bay gardens that are made up of at least 50 percent native plants. Each year, 5,000 people register for the tour of yards at 60 homes across the East Bay.

 

The idea for the tour came from Kramer's efforts and frustrations in trying to plant a drought-tolerant garden at her home. A native garden planted properly for its area can make a major difference in reducing pollution, saving energy and providing a habitat where wildlife can thrive, she said.

 

"It's interesting to me that the theme of this year's awards is climate change," Kramer said. "Most people don't realize that a large percentage of the energy that's used each year is used to move water."

 

A native plant garden uses about one-tenth the water of a traditional garden, she said, and doesn't contaminate the water because no pesticides or fertilizer are needed.

 

Kramer has a long, award-winning record in environmental education, working for 15 years with the San Francisco Estuary Institute, founding the Aquatic Outreach Institute (now the Watershed Project) and establishing workshops to train educators on creeks, marshes, wetlands and other links to the Bay Area watershed.

 

She was nominated for the award by Mary Burnette, an associate director at the federation's headquarters in Reston, Va., who has helped Kramer publicize the native garden tour.

 

"The idea of the awards is that nationally there are thousands, maybe even millions, of people who are doing things to help protect the environment," Burnette said. "Not just small things, but reaching many people."

 

One of Kramer's hopes is that the native garden idea will take hold nationally, bringing more patches of land in harmony with their surroundings and having an even greater benefit for the environment.

 

Schwarzenegger will be given the Government Award at today's Conservation Awards ceremony (known informally as "The Connies") at the Mayflower Hotel, and Gore will be honored as the Ding Darling Conservationist of the Year. California resident Laurie David, who produced Gore's film about climate change, "An Inconvenient Truth," will be given a special achievement award.

 

"It hardly seems possible," Kramer said of the award. "Ever since I got the award letter I've been marveling." #

http://www.contracostatimes.com/search/ci_7339001?IADID=Search-www.contracostatimes.com-www.contracostatimes.com

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