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 website; Project 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
1	PETITIONER	AG LAND TRUST	PARKIN, WILLIAM	First Paper Fee Paid
2	RESPONDENT	CALIFORNIA COASTALCOMMISSION	JACOBS, JOEL S	Serve Required (WaitS)
3	REAL PARTY IN INTEREST	CALIFORNIA-AMERICAN WATER COMPANY	MOORE, DUNCAN JOSEPH	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
1	PETITIONER	MARINA COAST WATERDISTRICT	WILKINS, HOWARD F
2	RESPONDENT	CALIFORNIA COASTALCOMMISSION	Unrepresented	Serve Required (WaitS)
3	REAL PARTY IN INTEREST	CALIFORNIA-AMERICAN WATER COMPANY	LOMBARDO, ANTHONY	Serve Required (WaitS)
			MOORE, DUNCAN JOSEPH

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
1	PETITIONER	MARINA COAST WATERDISTRICT	WILKINS, HOWARD F	Exempt Agency
2	RESPONDENT	CALIFORNIA STATE LANDS COMMISSION	Unrepresented	Serve Required (WaitS)
3	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