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, MARINA COAST WATER DISTRICT’S REPLY BRIEF ON THE SETTLING PARTIES’ MOTIONS TO APPROVE SETTLEMENT AGREEMENT AND SETTLEMENT AGREEMENT ON PLANT SIZE AND OPERATION document is embedded. CONCLUSION 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 (Rule 12.1(d)), neither settlement can 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 those of all reasonable project alternatives 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 an evidentiary 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 set forth 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.
Filing Date 02-14-14
MARINA COAST WATER DISTRICT’S REPLY BRIEF ON THE SETTLING PARTIES’ MOTIONS TO APPROVE SETTLEMENT AGREEMENT AND SETTLEMENT AGREEMENT ON PLANT SIZE AND OPERATION
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