Because the MPWSP Settlement and the Sizing Settlement, as proposed, are not reasonable in light of the whole record, are not consistent with law, and are not in the public interest, they cannot be approved.
The project must be configured to avoid impairment of the 1996 Annexation Agreement and injury to MCWD and other users of SVGB groundwater, and to comply with the Agency Act and other applicable laws. The entire project’s potential environmental impacts and reasonable alternative projects must be thoroughly examined through the Commission’s completion, evaluation and certification of its Subsequent EIR, and its exploration of the environmental impacts of the project at a hearing.
Absent
revisions to the MPWSP and the Settlements that resolve the legal problems posed
by the project’s non-compliance with law and its impairment of MCWD’s
interests, and absent
the Commission’s lawful resolution of the environmental review issues raised
above, MCWD
respectfully requests that the Commission deny both the motion for approval of
the MPWSP
Settlement and the motion for approval of the Sizing Settlement.
MARINA COAST WATER DISTRICT’S OPENING BRIEF ON THE SETTLING PARTIES’ MOTIONS TO APPROVE SETTLEMENT AGREEMENT AND SETTLEMENT AGREEMENT ON PLANT SIZE AND OPERATION
ATTACHMENT 1
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