Saturday, January 24, 2015

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE

ABSTRACT:  Re:  In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE document is embedded.  Gary Weatherford, Administrative Law Judge, ruled on January 23, 2015, as follows:
Accordingly, the schedule is modified to be as follows:
April 2015 – DEIR issued for comment.
60 days from DEIR – Comments on DEIR.
75 days from DEIR – Opening Briefs filed and served.
15 days from Opening Briefs – Reply Briefs filed and served.
July 2015 – All-party meeting.
October 2015 – FEIR published.
December 2015 – Proposed Decision issued.
January 2016 – All-party meeting.
February 2016 – Proposed Decision on Commission Agenda.
IT IS RULED that:
1.The schedule for this proceeding is modified as described above.
2. Ex parte communications with decision makers in this proceeding are prohibited.
Filing Date 1-23-15
ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE

REFERENCE:
CPUC judge delays Peninsula desal project EIR again
By Jim Johnson, Monterey Herald
Posted: 01/23/15

PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTlVE RELIEF (C.C.P. § 1094.5 (1085); California Enviromental Quality Act ("CEQA")), MARINA COAST WATER DISTRICT, and DOES 1-10, Petitioner and.Plaintiff, v. CALIFORNIA STATE LANDS COMMISSION, and DOES 11-50, Respondents and Defendants. CALFORNIA-AMERICAN WATER COMPANY, a California water corporation, and DOES 51-100, Real Party in Interest, Case No. CV180895, SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ

ABSTRACT:  On January 15, 2015, MARINA COAST WATER DISTRICT filed a PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTlVE RELIEF (C.C.P. § 1094.5 (1085); California Enviromental Quality Act ("CEQA")), in SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ. The document PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTlVE RELIEF (C.C.P. § 1094.5 (1085); California Enviromental Quality Act ("CEQA")), MARINA COAST WATER DISTRICT, and DOES 1-10, Petitioner and.Plaintiff, v. CALIFORNIA STATE LANDS COMMISSION, and DOES 11-50, Respondents and Defendants. CALFORNIA-AMERICAN WATER COMPANY, a California water corporation, and DOES 51-100, Real Party in Interest, Case No. CV180895, SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ is embedded.   FIRST CAUSE OF ACTION Violations of CEQA (Public Resources Code, §§ 21000 et seq.)
PRAYER FOR RELIEF
Wherefore, the Marina Coast Water District prays for judgment against the State Lands Commissionn as follows
1. For a temporary stay, temporary restraining order, and preliminary and permanent injunctions restraining Respondent and its agents, employees, officers and representatives from taking other actions in furtherance oftl1e Project pending full compliance with the requirements of CEQA, the CEQA Guidelines, and all other applicable laws;
2. For a perempt1y writ of mandate commanding the State Lands Commission to vacate and set aside in its entirety its decision to approve the General Lease-Right-of-Way Use allowing Cal-Am to construct and operate a slant well and associated monitoring wells on sovereign lands;
3. For a peremptory writ of mandate directing the Respondents to comply with the requirements of CEQA, the CEQA Guidelines, and all other applicable laws;
4. For a temporary stay, temporary restraining order, and preliminary and permanent injunctions restraining the Real Parties in Interest and Respondents and its agents, servants, and employees; and all others acting in concert with Real Parties in Interest and Respondents on their behalf, from taking any action to further implement the Project, pending full compliance with the requirements of CEQA, the CEQA Guidelines, and all other applicable laws; and
5. For an award of reasonable attorneys' fees and costs in this action to Petitioner; and
6. For such other and further relief that the Court deems just and proper.
Filing Date: January 15, 2015
PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY AND INJUNCTlVE RELIEF (C.C.P. § 1094.5 (1085); California Enviromental Quality Act ("CEQA")), MARINA COAST WATER DISTRICT, and DOES 1-10, Petitioner and.Plaintiff, v. CALIFORNIA STATE LANDS COMMISSION, and DOES 11-50, Respondents and Defendants. CALFORNIA-AMERICAN WATER COMPANY, a California water corporation, and DOES 51-100, Real Party in Interest, Case No. CV180895, SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CRUZ

Case CISCV180895 - MARINA COAST WATER VS CALIF STATE LANDS COMMISSION

Case CISCV180895 - Complaints/Parties
Complaint Number:
0001 — PET CIVIL PETITION of MARINA COAST WATERDISTRICT 
Original Filing Date:
01/15/2015
Complaint Status:
ACTIVE
Party Number
Party Type
Party Name
Attorney
Party Status
PETITIONER 
MARINA COAST WATERDISTRICT 
Exempt Agency 
RESPONDENT 
CALIFORNIA STATE LANDS COMMISSION 
Unrepresented
Serve Required (WaitS) 
REAL PARTY IN INTEREST 
CALIFORNIA AMERICAN WATER COMPANY 
Unrepresented
Serve Required (WaitS) 

Case CISCV180895 - Actions
Date
Action Text
Disposition
01/31/2059 
CEQA CASE - SET IN DEPT 5  
Not Applicable  
07/14/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 
01/15/2015 
MARINA COAST WATERDISTRICT IS EXEMPT FROM FILING FEES (GOVERNMENT EXEMPTION).  
Not Applicable  
01/15/2015 
CASE MANAGEMENT CONF SET ON 7/14/15 AT 8:29 IN DEPT 5  
 
01/15/2015 
PETITION FOR WRIT OF MANDATE/REVIEW/PROHIBITION FILED 
Not Applicable  

Case CISCV180895 - Pending Hearings
Date
Action Text
Disposition
07/14/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 
07/14/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 


Thursday, January 22, 2015

Judge Paul M. Marigonda, Santa Cruz County Superior Court, Denies Request by Marina Coast Water District & Ag Land Trust to Halt California American Water Company’s Desalination Slant Test Well Project

ABSTRACT:  Judge Paul M. Marigonda, Santa Cruz County Superior Court, denied the request of Marina Coast Water District and Ag Land Trust to halt California American Water Company’s desalination test well project stating that the “overwhelming harm” “caused by a delay in the project outweighed the chances that the petitioners would ultimately prevail in their lawsuits seeking to stop the Cal Am test well program” and “the harm of delaying the test well program until next fall if he ordered a halt to the drilling and the impact of continued pumping from the Carmel River were too great, noting the project included mitigation measures designed to offset any impacts,” according to reporting in The Monterey County Herald. Importantly, the Draft Environmental Impact Report is scheduled to be published January 30, 2015; however, the test well data will not be included in the DEIR.  Notably, all test well project data is required to be posted on the MONTEREY PENINSULA WATER SUPPLY PROJECT website. Additionally, Judge Marigonda scheduled a hearing on preliminary injunction against the project on April 21, 2015 and a hearing on petition for writ of mandate on July 12, 2015, according to court documents. Information from THE SUPEROR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ web site is reproduced regarding Case CISCV180887 - AG LAND TRUST V CALIFORNIA COASTAL COMMISSION, ET.., Case CISCV180839 - MARINA COAST WATER DISTRICT V CA COASTAL COMMISSION and Case CISCV180895 - MARINA COAST WATER VS CALIF STATE LANDS COMMISSION.
NOTE:  MONTEREY PENINSULA WATER SUPPLY PROJECT documents websiteProject Updates website.

REFERENCE:
Santa Cruz judge denies bid to halt Cal Am desal test wells
By Jim Johnson, Monterey Herald
Posted: 01/21/15

Case CISCV180887 - AG LAND TRUST V CALIFORNIA COASTAL COMMISSION, ET.
Case CISCV180887 - Complaints/Parties
Complaint Number:
0001 — PET CIVIL PETITION of AG LAND TRUST 
Original Filing Date:
01/15/2015
Complaint Status:
ACTIVE
Party Number
Party Type
Party Name
Attorney
Party Status
PETITIONER 
AG LAND TRUST 
First Paper Fee Paid 
RESPONDENT 
CALIFORNIA COASTALCOMMISSION 
Serve Required (WaitS) 
REAL PARTY IN INTEREST 
CALIFORNIA-AMERICAN WATER COMPANY 
Serve Required (WaitS) 

Case CISCV180887 - Actions
Date
Action Text
Disposition
12/31/2055 
CEQA CASE - SET IN DEPT 5  
Not Applicable  
05/12/2015 
SET FOR 5/12/15 AT 8:30 IN DEPT 4 UPDATED TO 5  
 
05/12/2015 8:30 AM DEPT. 5 
HEARING PETITION FOR WRIT OF MANDATE  
 
04/21/2015 8:30 AM DEPT. 5 
HEARING ON PRELIMINARY INJUNCTION  
 
01/21/2015 
HEARING SET FOR 1/21/15 AT 13:30 IN COURTROOM 5  
 
01/21/2015 1:30 PM DEPT. 5 
HEARING EX PARTE HEARING RE TRO  
 
01/15/2015 
NOTICE OF HEARING RE WRIT OF MANDATE SET ON 05/12/15 AT 08:30 IN DEPA RTMENT 4.  
Not Applicable  
01/15/2015 
TRANSFER IN - ORIGINAL FILING DATE: 12/12/14  
Not Applicable  
01/15/2015 
NOTICE OF RECEIPT OF TRANSFER FROM MONTEREY THEIR CASE NUMBER M130219 DATE OF RECEIPT 01/15/15  
Not Applicable  
01/15/2015 
AFFIDAVIT/CERTIFICATE OF MAILING OF NOTICE OF HEARING, NOTICE OF TRANSFER SIGNED BY KRB PLACED IN FILE  
Not Applicable  
01/15/2015 
SET FOR 5/12/15 AT 8:30 IN DEPT 4  
 
01/15/2015 
(L) TRANSFER IN FROM MONTEREY COUNTY; ORIGINAL FILE DATE 12/12/14. ORIGINAL CASE NUMBER M130219  
Not Applicable  
01/15/2015 
PETITION FOR WRIT OF MANDATE/REVIEW/PROHIBITION FILED 
Not Applicable  

Case CISCV180887 - Pending Hearings
Date
Action Text
Disposition
04/21/2015 8:30 AM DEPT. 5 
HEARING ON PRELIMINARY INJUNCTION  
 
05/12/2015 8:30 AM DEPT. 5 
HEARING PETITION FOR WRIT OF MANDATE  
 

Case CISCV180839 - MARINA COAST WATER DISTRICT V CA COASTAL COMMISSION
Case CISCV180839 - Complaints/Parties
Complaint Number:
0001 — PET CIVIL PETITION of MARINA COAST WATERDISTRICT 
Original Filing Date:
01/07/2015
Complaint Status:
ACTIVE
Party Number
Party Type
Party Name
Attorney
Party Status
PETITIONER 
MARINA COAST WATERDISTRICT 

RESPONDENT 
CALIFORNIA COASTALCOMMISSION 
Unrepresented
Serve Required (WaitS) 
REAL PARTY IN INTEREST 
CALIFORNIA-AMERICAN WATER COMPANY 
Serve Required (WaitS) 



Case CISCV180839 - Actions
Date
Action Text
Disposition
12/31/2055 
CEQA CASE - SET IN DEPT 5  
Not Applicable  
05/12/2015 8:30 AM DEPT. 4 
CASE MANAGEMENT CONFERENCE 
CONTINUED  
05/12/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 
01/21/2015 
HEARING SET FOR 1/21/15 AT 13:30 IN COURTROOM 5  
 
01/21/2015 1:30 PM DEPT. 5 
HEARING EX PARTE HEARING RE TRO  
 
01/12/2015 
CASE MANAGEMENT CONF SET ON 5/12/15 AT 8:30 IN DEPT 4  
 
01/12/2015 
NOTICE OF RECEIPT OF TRANSFER FROM MONTEREY THEIR CASE NUMBER M130325 DATE OF RECEIPT 01/07/15  
Not Applicable  
01/12/2015 
AFFIDAVIT/CERTIFICATE OF MAILING OF NOTICE OF TRANSFER SIGNED BY KRB PLACED IN FILE  
Not Applicable  
01/12/2015 
(L) TRANSFER IN FROM MONTEREY COUNTY; ORIGINAL FILE DATE 12/11/14. ORIGINAL CASE NUMBER M130325  
Not Applicable  
01/12/2015 
TRANSFER IN - ORIGINAL FILING DATE: 12/11/14  
Not Applicable  
01/12/2015 
ASSOCIATION OF ATTORNEY FOR DEFENDANT CALIFORNIA-AMERICANWATER COMPANY FILED ASSOCIATING ANTHONY LOMBARDO WITH CURRENT COUNSEL OF RECORD DUNCAN JOSEPH MOORE  
Not Applicable  
01/07/2015 
PETITION FOR WRIT OF MANDATE/REVIEW/PROHIBITION FILED 
Not Applicable  

Case CISCV180839 - Pending Hearings
Date
Action Text
Disposition
05/12/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 
05/12/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 
05/12/2015 8:30 AM DEPT. 4 
CASE MANAGEMENT CONFERENCE 
CONTINUED  
05/12/2015 8:30 AM DEPT. 4 
CASE MANAGEMENT CONFERENCE 
CONTINUED  

Case CISCV180895 - MARINA COAST WATER VS CALIF STATE LANDS COMM Case CISCV180895 - Complaints/Parties
Complaint Number:
0001 — PET CIVIL PETITION of MARINA COAST WATERDISTRICT 
Original Filing Date:
01/15/2015
Complaint Status:
ACTIVE
Party Number
Party Type
Party Name
Attorney
Party Status
PETITIONER 
MARINA COAST WATERDISTRICT 
Exempt Agency 
RESPONDENT 
CALIFORNIA STATE LANDS COMMISSION 
Unrepresented
Serve Required (WaitS) 
REAL PARTY IN INTEREST 
CALIFORNIA AMERICAN WATER COMPANY 
Unrepresented
Serve Required (WaitS) 

Case CISCV180895 - Actions
Date
Action Text
Disposition
01/31/2059 
CEQA CASE  
Not Applicable  
07/14/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 
01/15/2015 
MARINA COAST WATERDISTRICT IS EXEMPT FROM FILING FEES (GOVERNMENT EXEMPTION).  
Not Applicable  
01/15/2015 
CASE MANAGEMENT CONF SET ON 7/14/15 AT 8:29 IN DEPT 5  
 
01/15/2015 
PETITION FOR WRIT OF MANDATE/REVIEW/PROHIBITION FILED 
Not Applicable  

Case CISCV180895 - Pending Hearings
Date
Action Text
Disposition
07/14/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE 
 
07/14/2015 8:29 AM DEPT. 5 
CASE MANAGEMENT CONFERENCE