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Consultants working for the California Public Utilities Commission and Cal Am Water stand around a well that the could have sworn does not exist

Q: How many fellows representing the Public Utilities Commission does it take to  look at a well?

A: Four, if this week’s visit to the Ag Land Trust well is an indication. One to say, “Look, there it is.” Another to say, “Yup, that is a well, isn’t it?” A third to say, “Looks like a well to me.” And the fourth to say, “Hmm.”

Readers who pay close attention to water issues locally may remember the stories in May about how the people preparing an environmental impact report on the Cal Am desalination project had reported that there were no wells on the Ag Land Trust property adjacent to the Cemex plant where Cal Am plans to located its desal facility.

Attorney Marc Del Piero of the Ag Land Trust argues that the pumping at the desalination plant would infringe on the groundwater rights of other property owners in the area and would accelerate seawater intrusion, threatening farms in the area.

Although there are two wells on the Ag Land Trust property, the consulting firm Environmental Science Associates wrote in the draft environmental impact report that such concerns were invalid and, as to support that position, declared that there are no such wells.

In response, Del Piero switched on the pump at one of the wells, producing a cascade of water that made for a terribly amateurish but relatively interesting video clip on the Partisan website.

You can see the clip and read the history here.

Tuesday, ESA representatives and others got a guided tour of the wells as they work on an environmental impact report to replace the original version. Draft No. 1 wasn’t tossed out because of the missing wells but because one of the key hydrologists working on the first study turned out to have a sizable conflict of interest. He was being paid to assess the type of wells Cal Am intends to use even though he holds patents on the technology.

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Eric Zigas of Environmental Science Associates listens to Peninsula water activist Michael Baer

Among those getting his feet muddy at the Ag Land Trust property on Tuesday was Chuck Cech, the retired engineer who first spotted that conflict. He mentioned that he has some new concerns about the methodology being used to test the water being pumped by the Cal Am test well at the Cemex property.

The fellow heading the EIR process for ESA, Eriz Zigas, was one of those who was nodding Tuesday about the existence of the wells. He wrote a nice note Wednesday to Del Piero and the Ag Land Trust’s Sherwood Darrington:

“I wanted to thank you both for taking the time yesterday, to escort me and members of the MPWSP (Monterey Peninsjla Water Supply Project) CEQA (California Enviromental Quality Act) Team onto your property in Marina, for the expressed purpose of viewing the Big Well and the small well. It was a useful and helpful visit. It was important for us to learn about your preservation and restoration activities, and it certainly was a surprise to see so many other interested parties at the walk through!”

You’ll notice he said “surprise” but not “pleasant surprise.”

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Illustration depicting a large number of directional roadsigns in a chaotic arrangement. White  background.After careful contemplation and the expenditure of countless hours of staff time and other resources, I have come to the conclusion that the two biggest problems facing the Monterey Peninsula are quite closely related.

Problem No. 1, of course, is the declining water supply, which should have been addressed decades ago before we decided that strawberries and grapes were good choices for desert cultivation. The leading proposed solution at the moment involves a possible desalination plant near Marina and an assortment of smaller efforts involving conservation and recycling.

Problem No. 2, almost as obviously, is that just about every element of Problem No. 1 seems so complicated, complex and confounding that there are only a handful of people who understand any of it. On top of that, most of those who do understand it don’t care that you don’t. In fact, some are glad you don’t and there are even those who are being paid to make sure you don’t.

Why so complicated?

First, complexity makes things more expensive,  and when you’re on the receiving side of “cost plus,” there’s a lot to be said for expensive. Second, with all of that cost plus to be spread around, there are many players willing to participate in the search for solutions. Too many.

That starts with the misleadingly named California American Water Co., which has as much to do with California as the autobahn. It is supposed to be playing a lead role in solving Problem 1 but it spends most of its time wading around in the swamps of Problem 2, creating complications and looking for trouble. The company likes to portray itself as a helpful fellow in boots going out into the community, patching leaks and coaching Little League teams when the truth is that the bean counters in the home office depend on those very leaks in order to keep the bottom line above water. Way above water.

Then there’s the Public Utilities Commission, which technically is in charge of solving Problem No. 1 even though it has absolutely no experience in problem solving and even less in desalination. The Public Utilities Commission apparently was put in charge of this process because our state legislators wanted to keep it away from all aspects of gas pipeline safety. You might say that the PUC is Problem No. 3.

A key concern of those involved in the effort locally is that if the PUC ever approves a timeline and a production schedule, it might as a matter of routine order them confidential and put them under seal, effectively killing the venture.

Then there are the local agencies. For instance, the mayors’ authority, a quasi-government agency made up of the mayors of the Peninsula cities. It was set up because the first local agency given an oversight role, the Monterey County Board of Supervisors, couldn’t figure out how to convert desalination progress into campaign contributions. The supervisors are hoping to get involved again when construction seems imminent and quite a few construction contracts will need to be awarded.

The mayors’ committee was hoping to jumpstart the process because the hospitality industry pretty much decides who gets to be mayor in these parts and it needs water for hotel rooms occupied by tourists who won’t have to pay for the project. The mayors have gotten off to a slow start, however, because the Del Rey Oaks mayor is busy building ammunition bunkers throughout his community and the Sand City mayor is napping.

A water district in Marina has some role in all of this, but for now its leadership seems to be in a sort of bureaucratic penalty box and won’t be allowed back into the game until the second overtime period. It is a shame because some of the district’s leadership has demonstrated to interested members of the public that you don’t have to have a clue to get involved.

Part of the problem has to do with the news coverage but it isn’t what you might expect. In this age of shrinking newspapers, it hasn’t been a lack of coverage. Just the opposite. In the last decade, the Herald has published nearly 173,500 articles mentioning Cal Am, 62,600 articles containing acronyms for non-existent water agencies, the same number of articles in which Cal Am spokeswoman Catherine Steadman says, “We’ll get back to you about that,” and some 20,000 articles in which County Counsel Charles McKee says documents are being sealed in the interest of full disclosure.

Some of the confusion is, of course, the public’s owned damned fault. For instance, believe it or not, there are those in the community who can’t seem to grasp why   a desalination plant designed to take water from the ocean and convert it into drinkable fresh water needs to drill a series of inland wells in order to take already fresh water from Salinas farmers and, through a process invented by the Coastal Commission, convert it into cash to be used to pay consultants to declare the existing water supply more than adequate as an effective hedge against the 180-foot aquatard. Do the math, people. Sheesh.

Cal Am isn’t the only game in town, of course, which makes things that much more complicated.

Peninsula wheeler-dealer Nader Agha has the property and the plans to build a better and cheaper desalination plant in Moss Landing but Cal Am keeps telling people that Agha and former county Supervisor Marc del Piero are the same person, which violates a county ordinance requiring desalination operators to front only for seated supervisors.

Then there’s Deepwater Desal, a creation of Monterey PR man David Armanasco, who has been sidelined because his core clients have hired him to paint murals of wharf pilings to installed over the actual pilings at Fisherman’s Wharf.

And speaking of the wharf, let’s not forget the lawyers. Every lawyer in California who ever lived in a house with a low-flow shower has been declared a water expert for purposes of this feeding frenzy. For convenience and efficiency, each seems to have brought on Tony Lombardo as local counsel. Those who have been around a while will remember him. He wrote the previous general plan while representing most of the supervisors and many of the businesses at Fisherman’s Wharf, including the two warring fish houses that both claim to have invented cioppino Monterey, which consists of a handful of saltwater taffy, samples of five kinds of clam chowder, a couple of restaurant pagers, Sal Cerrito’s will, a half loaf of Armenian pita bread and a half pound of Bubba Gump shrimp but, alas, no sardines.

And let’s not forget the environmentalists, the “no-growthers” who, we are constantly told, are busily working against the interests of the community to reverse all the  progress on the desal front.

Next: Sheriff Bernal’s plan to patrol the waterfront.

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The Case of the Elusive Pumps

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Marc del Piero stands next to the primary well on the Ag Land Trust property. He did not seem certain Friday on whether the pump should be described as pink or purple.

THE NOT-SO-HARDY BOYS  SOLVE THEIR FIRST MYSTERY

When the California Public Utilities Commission decides how much Cal Am Water can charge its customers for the big desalination project, it should slice a few bucks off the bill submitted by whoever was in charge of looking for the Ag Land Trust well on the neighboring property.

The Ag Land Trust and one of its board members, Marc Del Piero, have contended for some time now that Cal Am wells supplying the plant could draw down the groundwater supply and speed the encroachment of sea water, jeopardizing farming operations in the area north of Marina. Of particular concern, the Ag Land Trust wells sunk into the sandy soil within shouting distance of the desal site.

The draft environmental report for the project, released this week, dismisses the concern by saying a staff of experts couldn’t find a well there, and couldn’t find the other one either.

To be perfectly fair, one of the wells is a little hard to find, especially if the search party doesn’t think to ask someone where it might be.

The other is not. It’s painted a bright pinkish purple. You can drive right up to it. You can even see it from Highway 1. If you climbed to the top of the Cemex plant next to Cal Am’s desal site, you probably could see it. It’s less than a mile away and there are a bunch of pipes and a little white pump house to give it away.

Still, those who wrote the draft EIR were baffled:

“There is one landowner about one mile from the proposed slant wells, Ag Land Trust, which has reported that it operates an active well. Despite queries and efforts to obtain data on this well, no information is available, and efforts to physically locate the well have been unsuccessful. The Groundwater Resources section of this EIR concludes that this well is likely either inactive given the brackish to saline quality of the groundwater it would draw if it were screened in the 400-foot aquifer, or is screened in the deeper 900-foot aquifer, which will not be affected by the project. All in all, the project was determined not to result in a significant impact in terms of groundwater supplies either quantitatively or qualitatively. Thus, it appears reasonable to conclude that the (project) would not result in harm or injury to the water rights of legal users of water in the basin in terms of fresh water supply or water quality, two of the report’s three injury criteria relative to the development of legal water rights.”

In other words, if we can’t find it, we’re not going to worry about it and you shouldn’t either. Elsewhere the report says subcontractors from Geoscience walked around looking for the wells but it just didn’t work out for reasons that are not explained.

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I was standing next to one of the Ag Land Trust wells when I took this picture. That’s Marc del Piero down by the car. That’s the desalination site in the background.

Perhaps I have the advantage of inexperience in such matters, but I was able to find the wells in about an hour on Friday, an hour that included 40 minutes of drive time. Here’s how I did it. I called Del Piero.

We met at a clandestine rendezvous spot, the Burger King parking lot in Castroville, and drove first to the pinkish purple pump, which sits at the edge of an artichoke field. The pump isn’t used for irrigation at the moment because of its tendency to pull salt water the wrong way, but it is used for other purposes.

We then drove to the other pump, turning first into the Cemex entrance and then onto a dirt road that separates the Cemex property from the Ag Land Trust land. We parked below the first hill we came to. In order to find the pump, I had to get out of the car and get my shoes dirty but dedication to the task pushed me upward and onward. When I saw a pump sticking out of the ground, I knew I had found the pump.

The draft EIR correctly speculates that it is not in use, but it would take little more than the flip of a switch to change that.

“They never called anyone at the Land Trust,” said Del Piero, who avoided getting his shoes dirty because he had to look sharp for a Castroville Rotary meeting. “We tried to get their attention for two years but we’ve never heard back.”

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Occasionally invisible, the primary Ag Land Trust well includes the white structure, background left, in this shot from Highway 1.

I reached out to some of the responsible Friday but, no, nothing yet. I’ll keep you posted. I’ll probably hear something Monday or soon thereafter

I suppose I could have asked Del Piero if for some reason the Ag Land Trust would not have wanted the EIR preparers to find the pumps, but that would have been a question more stupid than the vast majority of those I have given birth to over the years.

I found it interesting that the writers of the EIR doubt the existence of the wells but think they can measure their depth. Credit that to experience with such things.

I doubt that this little bit of messiness reflects on the entire 1,700-page EIR document, which looks quite professional and includes many charts and graphics, and, as I mentioned, fills up 1,700 mostly full pages. In fact, I’m willing to bet that the authors of the report were able to actually find quite a bit of the information that they based their conclusions on. If that proves not to be the case, however, they might want to give me a call and I’ll see what I can do.

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????Cal Am’s pursuit of a desalination plant in Marina will likely face a pivotal court test this week as the Ag Land Trust has joined the Marina Coast Water District in challenging the legality of the water company’s proposed test well.

Cal Am officials have said that the project timeline could be pushed back a year or more if it can’t drill by the end of the coming week, but it remains to be seen if the stated deadline is real or part of an effort to put pressure on the various agencies involved in the process. Cal Am has said it has drills and other equipment ready to roll.

The Ag Land Trust filed suit  late Friday in Monterey County Superior Court, contending that Cal Am, also known as California American Water, simply doesn’t have rights to the water it intends to pump. It also contends that the California Coastal Commission acted illegally when it ruled last month that the test well could proceed.  (Click here for copy of lawsuit.)

Marina Coast originally filed its action in Sacramento Superior Court because the Coastal Commission is a state body, but a judge in the capital ruled last week that the matter should be heard in Monterey. Ag Land Trust officials may attempt to move the case elsewhere but elected to pursue their challenge in Monterey in the meantime.

“Cal Am has no groundwater rights in the over-drafted Salinas River groundwater basin and cannot acquire any in an over-drafted basin,” said the Ag Land Trust petition. The action was filed on the Ag Land Trust’s behalf by William Parkin. He is a partner in the Santa Cruz law firm of Wittwer Parkin, where Gary Patton, the founding executive of LandWatch, was a partner until 2013. Cal Am’s lawyer, Tony Lombardo, couldn’t be reached on Saturday.

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Ag Land Trust President Aaron Johnson

For more background on the test well and related issues, see this Partisan story from last month.

The Ag Land Trust is a non-profit land conservancy that has protected some 25,000 acres of farmland in Monterey, Santa Cruz and San Benito counties through conservation easements. It owns property adjoining the site of the test well, the Cemex industrial site, and has two wells in the area. The president of the Ag Land Trust is lawyer Aaron Johnson and other key board members include grower David Gill, Kellie Morgantini of Legal Services for Seniors, managing director Stewart Darlington, former county ag director Richard Nutter, and lawyer Marc del Piero, a former Monterey County supervisor and frequent critic of Cal Am. To a large degree, the trust represents the interests of both environmentalists and Salinas Valley agriculture, which is opposed to any infringement on its right to water from the Salinas Valley aquifer. Reconciling the needs of the water-short Peninsula with Salinas Valley interests has been a balancing act that Cal Am hasn’t yet accomplished.

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Cal Am lawyer Anthony Lombardo

The test well would be drilled at the Cemex property and slanted toward the ocean so it would draw in a mixture of sea water and fresh water to help determine the desalination plant’s potential impact of marine life, area groundwater and seawater intrusion. If the plant proceeds at that location, the well would become one of the main intakes.

Though a test well might seem to be a minor part of a large endeavor, the $400 million-plus desalination project, getting it approved has proved to be a major obstacle for Cal Am.

For political purposes, the location is an unfortunate one for Cal Am. While Cal Am serves most of the Monterey Peninsula, the Marina area is served by the Marina Coast Water District. Not only does Marina Coast have little to gain from a desalination plant in it jurisdiction, it was a partner with Cal Am and Monterey County in the storied failure of a previous attempt to build a desalination plant. Marina Coast is now locked in litigation with Cal Am and the county over millions in unrecovered costs from the earlier project and the responsibility for millions of dollars in unpaid bills. Trial testimony in that litigation ended earlier this month and the parties are awaiting an initial ruling. Cal Am supporters have suggested privately that Marina Coast filed the action over the test well to help pressure Cal Am to settle the financial litigation.

In pursuit of the test well, Cal Am originally sought a permit from the city of Marina but the City Council, closely allied with the Marina Coast Water District’s board of directors, turned it down on grounds that it had not been subjected to a required environmental impact study.

Cal Am appealed the denial to the Coastal Commission, which overturned the Marina council.

Friday’s filing by the Ag Land Trust contends the Coastal Commission did not perform a satisfactory environmental review and did not consider the potential impacts on the groundwater or other wells in the area.

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Cal Am and critics are fighting hard over a hole in the sand

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The Cemex sand-mining operation along Monterey Bay north of Marina, which is where Cal Am wants to drill a desalination test well.

During the political campaigning that ended with last week’s election, Democratic Congressman Sam Farr did something unusual. In the race for two seats on the Marina City Council, he endorsed strongly conservative Nancy Amadeo and registered independent Dan Devlin Jr. instead of Democratic incumbent Dave Brown.

Farr’s explanation was straightforward. He was punishing Brown for not voting to let Cal Am Water drill a desalination test well in the Marina sand dunes.

In an email, Farr explained, “I support friends. I support (Mayor Bruce Delgado) and Nancy because they supported the rest of the Peninsula’s effort to solve the water issue. I thought the blockage (the majority vote against the permit) was selfish and punitive.”

Farr’s choice helps illustrate how much energy and politicking is going into the unresolved issue of whether Cal Am should be allowed to proceed with a test well. Ultimately, it’s about a lot more than a simple well, of course. It is the latest in a series of increasingly testy fights between the Cal Am camp, which includes the hospitality industry and other business interests, and Cal Am’s detractors, which include many area environmental activists and others who worry what an expensive desalination plant is going to do to the already high cost of water locally.

Cal Am has been trying for most of this year to move ahead with a plan to drill a test well to help determine whether the Cemex sand mining property on the Marina shoreline is a feasible location for the desalination plant it hopes to build to help solve the Peninsula’s water shortage. In essence, the plan is to drill a well slightly inland from the ocean to draw seawater and some fresh groundwater and determine whether the sand can serve as a filter to prevent the intake of sea life.

Engineers also want to see how much fresh water would be drawn into the well, an issue of grave concern to neighboring property owners and others with rights to the Salinas Valley aquifer, which reaches to Marina and beyond. If things go well, the well could be converted to a production well for the actual desalination plant.

Rather than granting a permit, however, the majority of the Marina City Council voted to require an environmental impact report, which would add many months to the desalination project. The council members say they were only protecting the environment and state environmental laws that require EIRs for projects that create the potential for significant harm. In an appeal to the California Coastal Commission, Cal Am and its cohorts say the issue is the economic health of the Peninsula, which they say easily trumps the environmental niceties.

The issue goes to the Monterey County Board of Supervisors Tuesday Nov. 11 for an advisory vote and then to the Coastal Commission the next day for a possible vote on a motion to overturn the city of Marina and allow Cal Am to proceed. Under tremendous political pressure to permit the testing, the commission is likely to say yes, but don’t expect it to end there. Much of the opposition input is written like legal briefs, so the two sides are likely to see each other in court.

Here, the Partisan will try to explain what’s happening, a task that will tax our analytical skills to the max. It might take a while, so you might want to take a seat.

BACKGROUND

As most everyone knows by now, the state Water Resources Board has issued an order requiring the Peninsula to reduce its reliance on the threatened Carmel River starting in 2016. After Plans A, B and C fell through, the only real plan in place now involves construction of a desalination plant along with a handful of supplemental projects, including additional wastewater reclamation.

Unfortunately for all, the process has been compromised by petty corruption, politics of all sorts, litigation and bureaucratic dilly-dallying. It became obvious long ago that there is no chance of meeting the state’s deadline, which is why an assortment of Peninsula bigwigs is preparing to descend on Sacramento later this month to beg for mercy and time. The state agency is fully empowered to require deep reductions in water usage, and the water-reliant hospitality industry is in near-panic mode.

Well testing is expected to take more than two years, once it gets started, and actual construction of the desalination plant couldn’t begin until completion of an arduous regulatory process and additional engineering work. Even so, Cal Am and the area officials hope to obtain the well-drilling permit as a signal to the state that progress is, at long last, being made.

THE VOTE

After a series of delays, Cal Am’s permit application finally went to the Marina City Council for a vote on Sept. 4. The issue put the council in an unusual position. Most city governments in the area are solidly behind Cal Am’s desalination plan because their jurisdictions are running short on water and political leaders are worried about the economic impact of a severe water cutback. Marina isn’t served by Cal Am, however. It has its own water district, the Marina Coast Water District and would not be directly affected by the state cutback order.

Making things more complicated, the Marina Coast Water District was a partner with Cal Am and Monterey County in an earlier incarnation of a desalination project. That venture fell apart, but Marina Coast Water District believes Cal Am still owes it some big money from that failed effort. Not so incidentally, trial over that dispute is scheduled to begin Dec. 1 in San Francisco.

Also not so incidentally, the City Council majority in Marina is politically compatible with the majority of the Marina Coast board, so Cal Am wasn’t as warmly received in Marina as it might have hoped. When Cal Am and its supporters in the hospitality industry complain about obstructionists and those who would destroy the Peninsula’s economy, Marina officials don’t quiver the way their counterparts in Monterey, Seaside or Carmel might.

RATIONALE

Anybody who is anybody in the world of water testified before the Marina council. Cal Am argued that there was no reason not to proceed. Time’s a’wasting, the company emphasized. Representatives of the hospitality industry, who had pressured employees to attend, warned of dire economic consequences if the vote went the wrong way. Cal Am critics argued that Cal Am and the industry have made an unholy alliance with hotel officials supporting Cal Am in exchange for a sweetheart arrangement on water rates.

The meeting went on forever.

In the end, the Marina council voted 3-2 to require that Cal Am perform an environmental impact report before proceeding with the test well.  Council members said they were concerned primarily about the well’s potential impact on the surrounding groundwater in the Salinas Valley aquifer. They also were concerned about whether the pumping would violate the water rights of other property owners.

The technical grounds for the decision are important now for legal reasons. The council members in the majority—David Brown, Frank O’Connell, and Gail Norton—said they felt compelled to vote as they did no matter how they felt about the desalination plant and the threat of economic harm to the community. Clearly, they said, pumping a large amount of water along the shoreline could have significant environmental impacts, so the law requires full exploration of the potentials.

Councilman Brown won re-election last week despite falling into disfavor with Farr. He explained the thinking in a subsequent email to Farr. He noted that the other two lawyers on the council agreed with his analysis:

“First, I did not vote against desal, or desal in Marina. I simply voted to require an EIR. Second, our CEQA (California Environmental Quality Act) attorney explained the matter as somewhat analogous to a motion for summary judgment, namely if there is opposing environmental evidence on both sides of the issue, from experts, as to the possibility of environmental harm to Marina’s 180-foot aquifer, we don’t weigh the evidence, we simply note the conflict and then require an EIR.

“There was expert testimony from engineer Brian Lee of (Marina Coast Water District) of such harm. I viewed the matter as more of a legal one than anything else, and as an attorney I felt I had to respect that process . . . . You may recall that a few months earlier, I voted to approve (in a 3-2 vote) Cal Am’s bid to drill temporary boreholes at the Cemex plant, for water-quality testing. I voted that way because it was clear there would be no significant environmental impact.”

APPEAL PROCESS

Cal Am quickly appealed to the Coastal Commission, which has the power to overturn local jurisdictions in cases involving significant public works projects.

The commission staff is recommending that the commission grant the test well permit. The staff’s legal argument is largely that the City Council did not properly document its position in the context of the city’s coastal protection plan as approved by the commission and that the overriding issue, the Peninsula’s water supply, is more important than an EIR.

The staff found that alternative locations for the test well and the desalination plant itself are more environmentally vulnerable than the already developed Cemex site. The staff also found that the public interest compels approval of the test well because progress on the project is necessary in order for the Peninsula to eventually abide by the state’s water cutback order.

The staff did concur with the City Council in places. It said the test well plan is inconsistent with the city- and commission-approved coastal habitat protection plan and that numerous requirements should be attached to the permit to assure that Cal Am protects the site to the greatest extent possible and is responsible for eventual cleanup.

One thing that is curious about the staff report is that it keys on the city’s rationale for essentially denying the permit but does not include a full transcript of the city proceedings.

Tom Moore, chairman of the Marina Coast Water District board, pointd that out in a note to the district engineer.

“Someone brought to my attention the fact that it appears as though the Coastal Commission staff has redacted more than 200 pages from the City of Marina’s transcript of the slant well hearings before the City Council in September.  The online staff report to the Coastal Commissioners on this item for Wednesday’s meeting contains less than 40 of the more than 300 pages of the transcript.”

After listing the missing pages, Moore continued, “I have to say that this boggles my mind.  Who authorized such an extensive redaction, one that prevents the Coastal Commissioners and the public from understanding the entirety of the proceedings that were held before Marina City Council.”

PRO AND CON

Presumably, correspondence on the issue was flowing into the commission in the past weeks. Farr, among others, wrote a letter strongly supporting the permitting of a test well.

Among those writing letters in opposition was the Ag Land Trust, which owns rights to Salinas Valley aquifer water in the area.

“The Coastal Commission, if it follows (the staff’s) wrongful advice, will be taking an ‘ultra viras’ (beyond its power) act and approving an illegal test well which violates CEQA, which fails to address the cumulative adverse impacts of the project as a whole and which will result in an unlawful ‘taking’ of groundwater rights from the Ag Land Trust and other rights holders.”

The Ag Land Trust letter was signed by former county Supervisor Marc Del Piero, a lawyer who has specialized in water, and Richard Nutter, retired Monterey County ag commission

The trust said it owns extensive groundwater rights in the area, including on property adjacent to the Cemex property, and that Cal Am has not produced any evidence that it has any rights to groundwater that would be pumped along with seawater. In its 11-page letter, the trust also said the test well would violate numerous provisions of the Marina coastal plan as approved by the commission and not just the habitat provision cited by the staff.

“The Ag Land Trust understands that there is a water shortage on the Monterey Peninsula. We have not caused nor have we contributed to that problem. It has gone on for decades . . . . The water shortage that is of Cal Am making, by its failure to produce a water supply project in over 20 years, does not justify the commission staff’s proposed illegal taking of our groundwater and property rights and the intentional contamination of our potable aquifers and wells for the sold and private economic benefit of Cal Am.”

So there you have it. Important stuff. And, as always, the Partisan would like to know what you think. You can leave a comment below.

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