UPDATE:
Desal EIR dealt blow
Review failed to consider water rights, judge rules
By JIM JOHNSON Herald Staff Writer, 02/03/2012
Synopsis: In an amended/revised ruling, Monterey County Superior Court Judge Lydia Villarreal judge found that “the environmental review for the failed regional desalination project neglected to properly consider a number of issues, including water rights.”
“The revision was released Thursday, about six weeks after Villarreal ruled that Marina Coast Water District should have prepared the EIR as the lead agency under state environmental law.”
UPDATE: GNM105019: AG Land Trust vs. Marina Coast Water District
On Monday, 19 December 2011, Monterey County Superior Judge Lydia Villareal issued her decision that the "Marina Coast Water District should be the lead agency” on the Regional Desalination Project and “must prepare and certify an environmental impact report " (EIR). Ag Land Trust sued Marina Coast, “alleging the district should have been the lead agency under the California Environmental Quality Act, or CEQA, and should have been responsible for the EIR instead of the state Public Utilities Commission. The suit alleged Marina Coast's board improperly relied on the PUC's environmental report to approve the regional project, and alleged the document failed to adequately address a number of relevant issues. The issues included the reliability of the proposed desal plant, water rights, impacts to neighboring properties and exportation of water from underground sources in the Salinas Valley.” However, Judge Villareal’s decision “didn't address specific environmental issues raised by the Ag Land Trust.”
Note: The Ag Land Trust, a nonprofit organization dedicated to preservation of farm land, owns property near a proposed desal project well site.
GNM110691: AG Land Trust vs. Monterey County Water Resources, et al
Ag Land Trust attorney Michael Stamp said a similar lawsuit challenging the project's water rights, filed against the county in February, is "on hold," according to the Herald’s news article.
News Article: Judge orders new desal EIR
Villareal says Marina Coast should take lead on project
By JIM JOHNSON, Herald Staff Writer, 12/22/2011
NEWS ARTICLE:
News Blog
Court Hears Regional Desal Project Challenge
By Kera.Abraham
October 28, 2011
UPDATE:
Case Number GNM105019
Case Caption AG Land Trust vs. Marina Coast Water District
Motion Hearing 9/30/2011 09:00:00 Courtroom 15
Writ of Mandate Hearing 10/27/2011 09:00:00 Courtroom 15
ABSTRACT: Significant information regarding RMC and upcoming court hearings for Ag Land Trust v. Marina Coast Water District (M105019) and Ag Land Trust vs. Monterey County Water Resources and Board of Supervisors (M110691) is presented. The ANSWER TO PETITION FOR REVIEW, prepared by Michael W. Stamp and Molly Erickson, attorneys for Ag Land Trust (Case No. S192285) provides a summary of the issues; the document is embedded.
• Ag Land Trust v. Marina Coast Water District (M105019)
Writ of Mandate Hearing scheduled for Thursday, September 29, 2011 at 9:00 A.M., Courtroom 15, Judge Lydia M. Villarreal. Marina Coast Water District’s petition for review was previously denied by the California Supreme Court.
Case Details of GNM105019; AG Land Trust vs. Marina Coast Water District
Case Information
Case Number: GNM105019
Case Caption: AG Land Trust vs. Marina Coast Water District
Filing Date: 4/5/2010
Case Type: Judicial Review: Writ Mandate (02)
Filing Type: Complaint
Original Filing Date: 4/5/2010
Schedule Events
Type: Writ of Mandate Hearing
Date: 9/29/2011 Time: 09:00:00
Location: Courtroom 15
DEPARTMENT 15 Lydia M. Villarreal
S192285 Answer to Petition for Review
ANSWER TO PETITION FOR REVIEW
Michael W. Stamp and Molly Erickson, attorneys for Ag Land Trust
Case No. S192285
(Sixth Appellate District Court of Appeal No. H036084; Monterey County Superior Court No. M105019)
• Ag Land Trust vs. Monterey County Water Resources and Board of Supervisors (M110691)
Motion Hearing scheduled for Friday, September 16, 2011 at 9:00 A.M., Courtroom 15, Judge Lydia M. Villarreal. Ag Land Trust (Petitioner) filed a petition under the California Environmental Quality Act against the Monterey County Water Resources Agency (Respondents); the petition challenges Respondents’ compliance with CEQA in regard to the approval of the Regional Water Project.
Case Details of GNM110691; AG Land Trust vs. Monterey County Water Resources, et al
Case Information
Case Number: GNM110691
Case Caption: AG Land Trust vs. Monterey County Water Resources, et al Filing Date: 2/14/2011
Case Type: Judicial Review: Writ Mandate (02)
Filing Type: Petition
Original Filing Date: 2/14/2011
Schedule Events
Type: Motion Hearing
Date: 9/16/2011 Time: 09:00:00
Location: Courtroom 15
DEPARTMENT 15 Lydia M. Villarreal
Stamp Law Offices Letter to California Coastal Commission August 2011
LAW OFFICES OF MICHAEL W. STAMP Letter to California Coastal Commission Members, July 29, 2011
Re: Regional Desalination Project – Slant Well Application
NOTE: At the California Coastal Commission’s Friday, August 12, 2011 meeting, agenda item “Application of Monterey County Water Resources Agency, Marina Coast Water District and California-American Water Co. to construct and develop test slant well to determine its suitability for use as a desalination facility source water well, at Marina Coast Water District offices at 11 Reservation Road, in Marina, Monterey County” was continued.
• RMC Water and Environment, the engineering company hired to design and manage the proposed $400 million regional desalination plant has suspended work on the project because the county has failed to pay the firm $458,290 in unpaid bills since January 11, 2011. The Monterey County Board of Supervisors decided not to pay RMC until the County and California American Water and Marina Coast Water District resolve conflict of interest allegations involving former county water agency director Steve Collins while RMC contends there isn’t any legal basis for the county “to link payment for [RMC’s] services to mediation with third parties.” However, RMC said it could “proceed with these tasks if MCWD and Cal Am agree to revise the cost allocation...and fund the portion of the shared services that would otherwise have been funded by MCWRA,” according to reporting in The Carmel Pine Cone, 2 September 2011.
SOURCE: Water consultant hasn't been paid, stops work, KELLY NIX, The Carmel Pine Cone, September 2, 2011
1 comment:
How is the RDP going to get all sorted out? We have Ag Land Trust lawsuits, RMC stopping work, Collins conflict of interest investigation and possible criminal charges, mayors meeting in secret, Peninsula Water Ratepayer Alliance and Water Plus proposing alternatives.
And what about the status of the mediation process involving the cites and the State over the CDO?
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