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The Monterey Herald has not given me a voice in its recent editions. I am the obvious one to respond to its criticism regarding Public Water Now’s activities, and hospitality industustry executive John Narigi’s criticisms (twice). But I have been denied that voice.

Following a Herald piece critical of the current effort to put Cal Am Water under public ownership, and similar arguments from Narigi, I submitted a response late last week. So far, it has not been published. Either the Herald editorial team has completely committed to one side, or it has taken a dim view of dialogue, or it is inept.

Regardless I am deeply disappointed in the Herald’s editorial view regarding its broader community of ratepayers, residents, voters, and the basic local economic life around water.

The Herald’s editorial of Oct. 6 called the new effort to buy Cal Am a distraction from the process of getting a new water supply.

First of all, ownership and supply are two very separate and distinct issues. Neither hinges on the other. Supply is short term. Ownership is long term. Whatever develops with supply will have to be incorporated into the ownership proceedings.

Second, call it a distraction. Call it a ground squirrel. Call it whatever. But those who call it anything cannot deny this fact: Cal Am is a monopoly using Peninsula water as a cash cow. The real question is not about distraction. It is who is the ostrich refusing to see the obvious.

The Herald is not the only one playing ‘ostrich’. The next day, Oct. 7, a paid commentary by the Coalition of Peninsula Businesses argued for a larger desalination plant and claimed that “most recent local water savings has (sic) come from initiatives undertaken by commercial businesses.” Somehow residential conservation was overlooked, which did not endear the coalition to many local ratepayers.

On Monday, Oct. 16, the Mayors’ Water Authority meets with the Peninsula Water Management District at 5:30 p.m. the district office. The mayors voted 4 – 2 to not discuss the community opinion of Cal Am.

During the Measure O campaign in 2014, Cal Am and the others expressed confidence that a new supply was close at hand. But here we are four years later, and still Cal Am flounders. Other supply projects have caught and passed Cal Am’s desal plan.

The foursome must spend a lot of time talking to themselves. Because they seem deaf to ratepayer complaints. Do they care? Ratepayers have been vociferous. Who is listening?

Public Water Now is the largest ratepayer advocate community organization on the Peninsula. Others are WRAMP (Water Ratepayers Association for Monterey Peninsula), previously called WaterPlus; and a new group, Citizens for Just Water, representing residential interests in the Marina area. All three participate in CPUC proceedings. All three hear from ratepayers and residents all the time, and the messages have been simple and clear – Cal Am is too costly, is arrogant in its approach to water, hides behind CPUC rulings, has a history of failure, and is no longer welcome.

Back to the starting point. Where is the distraction? The Herald, the business coalition and the mayors’ authority Business Coalition, Mayors Authority, all do not seem distracted. They seem focused. But they have not been successful. So are they actually distracted? Or is there another motivation?

My perspective is that all four want a distraction. They want a scapegoat. They want to have something to blame if Cal Am flat out fails. They want to be able to say that the community has “again” not marched to the “leadership” powers that be. They need an excuse to explain to the state water board why the cease-and-desist order regarding Carmel River water needs another modification, or why Cal Am cannot get it right, or why “they” cannot get it right.

Here is the obvious. Ratepayers are upset. Ratepayers have been gouged. Ratepayers and residents are reacting. It is time for a change. It is time for Cal Am to leave town. It is time for public ownership. Since the ostrich ‘leadership’ will not lead, ratepayers will.

In summary, ratepayers are being hammered. Monopoly water is too expensive and wrong. Public water is more affordable and right.

Riley

Look for a public water petition and sign. You will be doing the entire region and the future a big favor.

George T. Riley is managing director of Public Water Now, which is circulating petitions supporting local public ownership of Cal Am, a privately held international company.

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Public Water Now Launches H2O Petition Drive at Rally

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(Photo by Wes White)

More than 100 enthusiastic supporters showed up Saturday afternoon for the Public Water Now kickoff rally at Laguna Grande Park in Seaside. The event marked the beginning of the PWN petition drive to put a new measure, dubbed H2O, on the 2018 ballot. “We collected our first 100 signatures and we’re off to a great start!” said PWN director, George Riley.

The Dave Holodiloff Band provided a great blue grass background. The atmosphere was upbeat and determined. Supporters wore T-shirts that read PUBLIC WATER NOW…or NEVER!

PWN’s goal is public ownership of the Peninsula’s water system. The petition reads: “The purpose of this Measure is to ensure the long-term sustainability, adequacy, reliability, cost-effectiveness and quality of water service within the Monterey Peninsula Water Management District (MPWMD) area, to lower the cost of service to ratepayers, to promote and practice sustainable water management measures, and to establish public ownership of water system assets.”

The ballot measure, if passed, would direct the Monterey Peninsula Water Management District to pursue a buyout of Cal Am if financially feasible. According to Riley, “We’ve looked at the numbers and we believe it’s feasible.” MPWMD’s general manager would be required within nine months to submit a plan to implement the new policy.

If Cal Am refuses to sell, the Water Management District has the authority to use eminent domain.

The Monterey Peninsula has the most expensive water in the country according to national nonprofit, Food & Water Watch. In the past two years, ratepayers have experienced a 68 percent increase in water costs. After widely promoting conservation, Cal Am charged ratepayers $40 million for water they didn’t use to make up for lost corporate profits.

Efforts to take the Peninsula’s water system public go back to the 1930s. “None have succeeded,” said Riley addressing the crowd, “but I’m calling this measure a game-changer.”

In 2014, Measure O was outspent 20 to 1 by Cal Am’s $2.5 million, but lost by only 10 points. Riley said the new measure has a much better chance of passing next fall because the political landscape has changed dramatically. During the Measure O campaign, all of the Monterey Peninsula’s mayors opposed it, as did 5th District Supervisor Dave Potter and former Rep. Sam Farr.

Many of those political leaders that opposed Measure O are now gone and have been replaced by those who support public ownership. A number of them were present in support at Saturday’s rally.

“We know we’re going to face Cal Am’s money again,” Riley said.

But he pointed out that voters had been on the side of local control in the vote on Measure Z, which defeated Big Oil. “We want local control over Cal Am,” he said. “I think Big Water will lose this time.”

A new PWN flyer points out that $19 million in Cal Am’s corporate profits and taxes leave our community annually. “Do you like sending your money to American Water in New Jersey (Cal Am’s parent company) or would you rather see it stay home?” Riley asked. “Corporate water is wrong and public water is right.”

Achieving community ownership of our water will take a community sized effort. The question Riley posed to the crowd was, “Do we want to rent our water forever or buy it and own it? It’s only going to work if we do the work. We can do this!” Felton, Ojai and Missoula, Montana have all succeeded in efforts to take back their water from corporate ownership.

To be placed on the ballot, the Measure will need 6,200 signatures from voters in the Monterey Peninsula water district, which includes Monterey, Carmel, Carmel Valley, Pacific Grove, Pebble Beach, Seaside, Del Rey Oaks and Sand City. “We’re shooting for 10,000 signatures,” Riley concluded.

Short sessions to train people how to collect Measure H2O signatures will begin Monday at 1:30 and 7:00pm at the Unitarian Universalist Church 490 Aquajito Road in Carmel. Everyone who wants to help is welcome to attend the training. Other training times are scheduled here.

You can join Public Water Now here.

Melodie Chrislock, the communications director for Public Water Now, can be reached at MWChrislock@redshift.com.

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Get ready to rumble.

Public Water Now is kicking off its effort to take Cal Am Water public with a rally set for 1 p.m. Saturday Oct. 7 at Seaside’s Laguna Grande Park. Expect a news conference with Public Water Now founder George Riley and others along with a bit of entertainment, food trucks, etc.

The group is starting a petition drive to create a November 2018 ballot measure that would force a public takeover of the Peninsula’s water purveyor for reasons that include constantly rising water rates that have made the water here the most expensive in the United States.

Public Water Now attempted a similar measure in 2014 that was defeated by a blitz of deceptive advertising by Cal Am. There’s no reason to expect anything less this time around but organizers believe ratepayers have become fed up with Cal Am’s pricing and its propaganda.

Said Riley, “Skyrocketing water bills have people all over the Peninsula fed up with Cal Am. According to Food & Water Watch, we have the most expensive water in the country. Ratepayers have experienced a 68-percent increase in the cost of water over the last two years and there are more increases scheduled. It really bothers people that we’ve conserved water only to have Cal Am charge us $40 million for the water that we didn’t use to make up for lost profits.”

Riley said goal is to collect as many as 8,000 signatures, considerably more than the 6,200 needed to place the measure on the ballot.

The petition calls for the Monterey Peninsula Water Management District to adopt a policy of owning the water system and to acquire it if its determined to be “economically feasible.” The water management district would be required within nine months to initiate a plan to acquire and manage all the water facilities in the district boundaries. The result likely would be court hearings to establish the value of the system that Cal Am insists is not for sale.

The unpopularity of the water district, stemming from disagreement over its role, is certain to be used against the Public Water Now campaign, but the group is likely to emphasize that the agency is led by publicly elected board that voters can change.

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Richard Hajas of Ojai gives some tips to Peninsula folks about how to take over a water utility

Corrected Ojai takeover figure below

 

Public Water Now Holds Forum on the Feasibility of a Cal Am Buyout

PWN’s guest speaker, Richard Hajas, spoke from experience Monday night. Former general manager of the Casitas Municipal Water District in Ventura County, he was the key author of the feasibility study for the community of Ojai in its recent successful buyout of the private Golden State water system.

Hajas worked as a volunteer with Ojai Flow, the citizens group seeking to municipalize Ojai’s water system. He did the feasibility study pro bono. “Our Feasibility Study was our bible—it had all the facts we needed to argue for local public control,” he told the audience.

To determine if such a takeover is affordable to ratepayers, Hajas explained that the rate base is critical to the cost estimate. A reasonable estimate must also include the fair market value of the system, the costs of a 30-year bond to cover the purchase, the legal costs, and the costs of getting the public agency prepared to take over the operation.

Why did Ojai want public ownership of their water? Hajas said, “The cost of water from the private provider was the big problem. Our costs were more than twice as much as our neighbors and Golden State Water was taking $6 million a year out of our small community.”

The Monterey Peninsula has the most expensive water in the country. The audience could definitely relate to Ojai’s motivation! Although Ojai has a much smaller water system than the Monterey Peninsula, the community successfully fought the corporate Goliath’s legal onslaught and publicity campaign and won public ownership.

Hajas cautioned that the current private water owner will do everything possible to discourage the public from such an undertaking. “Water is a very profitable business,” he said, “and the private owner will definitely not go away quietly.”

It took seven years and cost a total of $60 million for Ojai to buy out Golden State Water. When it came to a public vote Hajas felt confident in the outcome. (Article originally said, incorrectly, that the total was $44 million.)

“I’m a numbers guy. Voters approved the process to purchase the Golden State water delivery system with an 87% majority.”

Under public ownership long-term savings for small usage customers is project to amount to hundreds of dollars per year and much more for larger customers. For the Ojai community of 5,000 to 6,000 people, the total savings over the first 10 years could reach $25.8 million.

Asked if it was worth it, Hajas said, “Yes, because it will cut the annual cost increase to ratepayers in half, from 8% per year to 4%, over a 20-year period, saving many millions of dollars. And I stress the importance of looking at such a project over the long term. It’s long-term savings. My kids and grandkids will see the greater benefit”.

George Riley, director of Pubic Water Now, ended the meeting saying, “PWN wants to make the public aware of the problems and costs related to private water systems. Their motivation is profit, they’re answerable to their shareholders, not us. It easy to see why 87% of the water systems in the U.S. are publicly owned and operated for the good of the communities they serve. I don’t like to be the bearer of bad news, but more water rate increases are coming from Cal-Am. We need to take action!”

Public Water Now will begin collecting signatures in October to qualify municipalization of our water system for a vote on the November 2018 ballot.

Melodie Chrislock, the communications director for Public Water Now, can be reached at MWChrislock@redshift.com

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I have been fascinated by elephants ever since I was a small child and my parents rewarded me for good behavior with a wonderful trip to the circus. They were huge and I was so excited to see such a large animal actually do tricks. There were other attractions that day but I couldn’t have ignored the elephants. They were just so damned big and different.

As history tells us, the Romans ignored elephants, only to get trampled by Hannibal. There should have been a lesson there for the ages but local politicians, the California Public Utilities Commission and Cal Am Water have blatantly ignored the elephant in the room of water politics.

“There’s an elephant in the room” is meant to identify a major element of an issue that is ignored or deliberately avoided while the issue is being discussed. During discussions of how the Monterey Peninsula is to come up with a reliable source of reasonably priced water, the invisible pachyderm has been the cost that eventually will be paid by Cal Am customers. Neither our local politicians, the CPUC or Cal Am has been publicly addressing the overall costs of future delivery of water. The total costs are not clear, but among the costs looming for the customers is at least $280 million for the desalination plant Cal Am plans to build and numerous other expenses to be billed later. That’s an elephant that doesn’t get mentioned during the ongoing and long-running debate over the size, design and location of the desal plant.

Instead, the politicians merely praise Cal Am’s progress on the project while the CPUC and Cal Am simply ignore the elephant. Whatever the cost, the CPUC will allow Cal Am to pocket the money from ever higher rates. All the while, the huge animal with a big trunk and big feet fills the room.

Even the best eye doctors could not open the eyes of the politicians. The CPUC and Cal Am, meanwhile, seem to have glasses that digitally erase the elephant’s image. And it will remain that way until the grassroots efforts now in progress restore the vision of the people in charge. Fortunately for the customers, the groups Public Water Now and WRAMP and others have been fighting the high costs and are making headway toward making sure everyone sees the elephant.

The CPUC’s mandate is that it treat ratepayers and utilities equally. But the commissioners don’t get it and our elected officials don’t seem to want to get it. If you, as a ratepayer, don’t want to get trampled even more than you already have, you should join your water activists as they ride the invisible elephants into the center of the public discussion for all to see.  Let the unseeing trio become like the Romans.  Get on board, see what you can do to open some eyes

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From Public Water Now:

MONDAY MORNING UPDATE: THE BUSINESS COALITION HAS NOW INVITED SOME PUBLIC WATER REPRESENTATIVES TO ATTEND TUESDAY’S PRESENTATION BY WATER LAWYER JOE CONNER, SO THE DETAILS AND TONE OF THE PLANNED PROTEST RALLY HAVE BEEN AMENDED.

NEW INFORMATION HERE FROM GEORGE RILEY, FOLLOWED BY ORIGINAL NOTICE FOR THE SAKE OF CONTEXT

FROM GEORGE:
The Business Coalition called me this morning to invite some of our members to the presentation by American Water Works attorney Joe Conner on eminent domain.  And to participate in the Q&A as  appropriate.

Public Water Now promoted this protest because the BC invitation was ‘members only,’ the lack of transparency, and to the one-sided presentation.

Because of the offer to PWN to allow some of us to attend and participate in this ‘educational’ presentation, PWN requests that no signs be used that afternoon.  Instead, PWN requests that it be converted to a vigil, to appear in general silence, and to offer an ‘educational’ handout which PWN will provide.

This last minute change in PWN plans is to honor the Business Coalition changing its plans.

Thank you for honoring this new request.

George T. Riley
Public Water Now

ORIGINAL POST

Cal Am ratepayers and PWN members will gather at 3:30 on Tuesday, June 27 at the Monterey Plaza Hotel on Cannery Row to protest the “invitation only” presentation “The True Cost of Condemnation”. The Coalition of Peninsula Businesses is hosting Joe Conner, American Water attorney, who will present his view of the costs and problems the Peninsula would face in an eminent domain takeover of California American Water.

George Riley, Public Water Now managing director, countered, “Joe Connor and his American Water legal team recently fought Missoula’s eminent domain action to take their water public and LOST the case. We want to make sure our business community knows both sides of the story.”

Connor did succeed in driving up the cost of the buyout, from $65 million to $88.4 million, but Missoula’s legal team WON. Missoula took their water system public and they will NOT have to raise rates to customers.

Missoula’s Mayor and two of the attorneys who litigated the case told their story at the PWN public forum in Carmel on June 5th. Watch their presentation here.

Melodie Chrislock, Communications Director
PUBLIC WATER NOW
831.624.2282
MWChrislock@redshift.com

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There is a good reason that local TV news seldom has anything to say about Monterey Peninsula water politics. It isn’t very visual and the sound bites tend to be a bit on the dry side.

The potential for something Action News-worthy looms, however, with the Coalition of Peninsula Businesses planning an event featuring a lawyer who specializes in combating public efforts to take over private water system. That session is set for 4-5:30 p.m. Tuesday June 27 at the Monterey Plaza Hotel but is open only to coalition members – generally the hospitality and general commerce bigwigs of the rest of the business community.

The coalition isn’t expected to invite cameras, or the public, into the session. What creates the opportunity for some video is a low-key rally scheduled for outside the hotel at the same time. That event is being organized by Public Water Now, the group that is preparing to mount a Peninsula-wide ballot measure forcing a public takeover of California American Water.

The coalition’s speaker, attorney Joe Conner hails from Chattanooga, Tenn., and specializes in representing private water companies and other corporate interests facing takeover efforts. In scattered cases, he has managed to beat back municipilization efforts but the verbiage on his web site suggests his work mainly focuses on increasing the prices paid to the companies being acquired. He failed to stop a recent takeover effort in Missoula, Mont., but says he managed to have the offering price doubled. He tried and failed to thwart the community effort to acquire the Felton water system from California American Water Co. but he takes credit for increasing the cost to the customers.

The coalition’s invitation describes its event as a “special presentation on the costs and complications of using eminent domain to ‘condemn’ an investor owned utility, such as California American Water Co., for a public takeover.  This presentation by Joe Conner will be informative and educational; Mr. Conner is a real expert on these matters and his information will help counteract much of the recent misinformation floated by non-experts!  Please plan to attend this excellent presentation.   And please circulate this invitation again to your Boards of Directors, your members, your friends and associates – all are cordially invited. ”

Public Water Now’s George Riley asked the coalition if the “all are cordially invited” applied to him but was told it did not.

Riley said, “We believe the public and the attendees will get a one-sided perspective if they only hear from the American Water Works gun-slinger.”

“This private event is typical of corporate interests — not  transparent, and to set in motion forces that are moneyed and muscular,” Riley continued.  “We hope rational people will see this as strategy, not information.”

Corporate water systems now serve about 15 percent of households in the United States. Public Water Now plans a November 2018 ballot measure to reduce that percentage every so slightly.

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On April 13, Cal Am wrote a letter to the Peninsula Mayors Water Authority, responding to a letter from Public Water Now and other parties citing “alarming deficiencies” on the Monterey Peninsula Water Supply Project (MPWSP). The letter from Public Water now cited lack of water rights and poor science surrounding the slant well ocean intakes proposed for the Cal Am desalination plant.

The Cal Am letter was signed by desal project manager Ian Crooks. An excerpt follows:

The most definitive and best science to determine the feasibility of slant wells is to drill and operate an actual slant well in the proposed project location and observe its performance. Cal Am’s test slant well at the CEMEX property in Marina has accomplished just that and proven unequivocally over its 480 days of pumping that slant wells are a feasible technology for our project. The important indices are yield, reliability and water quality, and results in all three areas are outstanding. (Italics and bold added)

I wish to rebut this statement as vigorously as I can.

Traditional “scientific method” would support Mr. Crooks’ first sentence. Scientific method requires a hypothesis, and the hypothesis of this “experiment” is that a slant well can sustain a continuous extraction rate of 2,000 gallons per minute (gpm) from the proposed location without harming the groundwater. Extensive modeling by notorious hydrogeologist Dennis Williams, president of GeoSciences, was presented in the first environmental impact report iteration in 2015, and was modified by HydroFocus and Lawrence Livermore Labs in the recirculated version now pending. This extensive modeling “finds” that the hypothesis is correct and therefore that the damage to the existing surrounding coastal aquifers of the Salinas Valley River Basin is “insignificant.”

This is where a test slant well comes into play: To test the modeling work with a field test. This is also sound experimental design based on the scientific method. However, it is at this point I must diverge from Mr. Crooks and his statement highlighted in bold above. Let’s examine the “outstanding” results of the thre indices, one at a time: Reliability, yield and water quality.

Reliability

The long-term pumping test began on April 22, Earth Day, 2015, which was 722 days before Mr. Crooks’ letter to the mayors. Assuming he accurately represents that the pumping had continued for 480 days as of April 13, that means the pump had been idle for 242 days, or just over 33 percent of the total time. Who in their right mind would rate a 67 percent reliability performance as outstanding? When I was going to public high school that rate of performance was known as “a D.”

Yield

CalAm has consistently made claims, widely reported in the local papers and public meetings, that the slant well yield has “exceeded expectations,” steadily drawing between 2,000 and 2,200 gallons per minute (gpm) when it is operating. But here is the problem. There is no evidence or data to support the claim within the public sphere. The current EIR presents no such information. The Hydrological Working Group (HWG), a team of hydrogeologists including Dr. Williams, monitor and measure the well’s performance as required by its permit issued by the California Coastal Commission. The HWG is required to post weekly reports on the public website www.watersupplyproject.org and submit monthly reports to the acting director of the Coastal Commission, which are also posted on the website. The monthly reports are nearly 1,000 pages, reporting minutiae gathered electronically every five-15 minutes about the groundwater and salinity levels at the monitoring wells. Yet the yield results about how many gallons of brackish water are being sucked through the slant well and tossed out to sea through the existing outfall pipe appear nowhere in any of the documentation of these lengthy reports.

As far as “yield exceeding expectations,” you will just have to take Cal Am’s word for it, and surprisingly, everyone seems to (and are damned jolly that it is going so well!) However, in my experience, I have learned to never take Cal Am’s word for anything. Except when they tell us our rates are going up. I always believe them then.

Water Quality

Cal Am reports about water quality are focused solely on the level of salinity of the water drawn through the slant well. The company hopes for a salinity percentage as high as possible. The higher the seawater percentage (i.e. the percent salinity of the brackish water), the lower the percentage of fresh water coming from the landward aquifers and the less water that has to be delivered to Castroville to satisfy the agency act in the “return water agreement.” The agreement is a ridiculous plan cobbled together by politicians, bureaucrats and lawyers that could cost ratepayers millions of additional dollars annually and would require an entire essay to describe its stupidity in detail.) These folks are relatively pleased that the salinity was recently measured at 92 percent seawater. However, the percolating winter deluge will likely dilute that percentage, pumping even more freshwater out to sea this spring. They predict and hope that salinity at the slant well will rise to the target level 96 percent seawater or higher once they install sevem more production slant wells, and start sucking out groundwater at over 10 million gallons per day.

You might be wondering how such a volume of pumping could be expected to have “insignificant impact” on the surrounding aquifers and so do I. It seems like magic, and I suspect magical thinking here regardless of what the extensive modeling in the EIR predicts. Fortunately, the test slant well experiment has provisions to collect data on this aspect. Monitoring wells in the area help determine what is going on in the groundwater near the slant well pump.

So, what has happened at the threshold monitoring well in the 480 days out of 722 of the long-term pumping test as of April 13, 2017? The answer is that the salinity has steadily and “very slightly” risen by over 25 percent in that time. That is an alarming number! This result is further accentuated by the fact that in the 26 days prior to the beginning of any slant well pumping (the only baseline there is at the site) the salinity at the threshold well actually dropped by 2.2 percent.

Rising salinity at this spot indicates significant rising seawater intrusion into the basin. Mr. Williams and the HWG claim that these results are unrelated to the impact of a single test slant well operating only 67 percent of the time. They say it is for other reasons, but they do not quantify nor verify those claims with data.

The science is poor because the scientists have a predetermined outcome that goes beyond normal bias. But what can you expect when you are examining science reports from Cal Am and its Crooks?

Michael Baer is a retired public school science teacher,  a 30-plus year resident of the Monterey Peninsula, and a local water activist.

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Friday’s Carmel Pine Cone contained two unvarnished attempts to vilify Public Water Now, the group leading the upcoming attempt at a public takeover of Cal Am Water. George Riley, the extremely water-savvy managing director of Public Water Now, usually doesn’t let the Pine Cone’s excoriations get to him, but this heavy-handed and apparently erroneous attack got under his skin.

In a letter to the Pine Cone and the rest of local press corps, Riley calls reporter Kelly Nix’s front page story on Public Water Now “appalling” and argues that the companion editorial on April 21 was “riddled with inaccuracies, misrepresentations and assumptions.”

Riley goes on to demand a retraction and clarification though he said he doesn’t expect either. Pine Cone Editor and Publisher Paul Miller has been an unquestioning promoter of Cal Am at least since the turn of the century, and Cal Am has been a significant advertiser in the weekly publication. Efforts to control Cal Am’s rapidly escalating price structure or to scrutinize the company’s flawed and increasingly expensive desalination project have been met with derision, even ridicule from Miller.

In the news article on Friday, Nix focuses on a letter to Public Water Now from the Peninsula mayors’ water committee, saying it had been signed by the committee chairman, Pacific Grove Mayor Bill Kampe. In his letter of response, Riley says the letter was not signed by Kampe or anyone else, was not approved by the mayors’ committee and was not even sent.

“People who were at the meeting confirmed that the letter under discussion was not approved,” Riley wrote. “I watched the tape of the entire meeting. The Pine Cone is dead wrong in its report.”

A draft of the letter was considered as a possible response to a March letter from Riley in which he criticized the desalination venture in general and its reliance on so-called slant wells. He correctly notes that the slant-well technology, despite being favored by regulators, has not been put to at any desalination plant in the world. Nix sought to rebut that by quoting Cal Am officials as saying their controversial testing of the technology is going well. The testing process was interrupted by disclosures of conflicts of interests involving the designer of the technology.

“It’s most unfortunate for readers when the Pine Cone reports unsubstantiated information as fact,” Riley wrote. The account “was NOT based on what the mayors said.”

“It must feel exciting for a small paper to believe it has a big scoop, then pontificate with an editorial,” Riley continued. “But it is a serious breach of journalistic ethics, and your responsibility to this community, to fail to verify, or to ignore that step altogether.”

Riley retired as chief housing officer for San Mateo County and ever since has led Peninsula efforts to control Cal Am’s water rates and to put the private company into public hands in hopes of controlling costs.

Direct links to the Pine Cone article and the editorial are not included in this post because the weekly newspaper’s technology does not accommodate linkage. Those wanting to read those pieces can, however, go to the Pine Cone’s online archive (Google Carmel Pine Cone archive or click here) and then click on the line labeled “download this week’s edition” and wait for a download of a facsimile of Friday’s paper.

Nix’s article gives no indication that he sought any comment from Riley before posting his piece and Riley says he was not approached. The Partisan sent an email to Nix before working hours Tuesday and had not heard back as of 11 a.m. This report will be updated if he responds.

Unlike Nix’s story, Miller’s editorial makes no pretense of objectivity.

“… This community’s water activists must be the dumbest people in the world,” he writes.

“Not only do they incessantly fight every single thing that might help eliminate our perennial water shortage, they simply won’t give up on the idea of a government takeover of Cal Am, no matter how many times the public tells them, ‘No.’”

It goes on like that for several more paragraphs. He says the activists are opposed to desalination, slant wells, pipelines and even water recycling “for utterly nonsensical and self-serving reasons,”none of which he mentions.

He writes that the activists “hate private business and have a deep narcissistic desire to get everybody else to hate businesses, too.”

He concludes, “The only intelligent thing for the activists to do would be to devote their energy to helping solve the Monterey Peninsula’s water problem, and stop pursuing their little takeover hobby until the shortage is gone.

“The problem is that little word, ‘intelligent.’ We don’t know how smart the activists are. But anybody can see how stupid they act.”

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Proprietor’s note: Tom Moore, an exceptionally well qualified member of the Marina Coast Water District‘s board, posted the following as a response to a previous Partisan post regarding the wisdom of private v. public ownership, a subject of current interest because of a looming effort to put privately owned Cal Am water under public ownership. As it stands, the group Public Water Now is expected to sponsor a ballot measure that would require a public buyout of the water utility and put it under the management of the Monterey Peninsula Water Management District, which is governed by a board of elected officials.  Moore did not intend this to be a standalone commentary, but it deserves more attention than it would have received otherwise.

—-

Point 1: The vast majority of public sector organizations, for-profit organizations and non-profit organizations provide significant benefits for their clients and society, at a cost that is as reasonable as their physical, legal and market circumstances allow.

Point 2: If you insist on clinging to the myth that all government organizations are inefficient, inept and run by lazy, overpaid bureaucrats then:

a. You must notify your local fire and police departments, along with the county 911 Center that they must NEVER respond to a phone call or alarm from your home. You must also never accept medical treatment under any circumstances from Salinas Valley Memorial Hospital. To do otherwise makes you a hypocrite.

b. If you really insist on dueling over the issue, then: AIG, ENRON (“Smartest Guys in the Room”), Bernie Madoff, Wells Fargo Bank, IndyMac Bank, Washington Mutual Bank, Bethlehem Steel, White Star Lines (owners of the Titanic), Pan Am, Eastern Airlines, Drexel Burnham Lambert, Bank of Credit and Commerce International, Union Carbide (Bhopal killings), PG&E (recent San Bruno killings), Three Mile Island, Exxon Valdez. How many trillions of dollars were wasted and innocent people injured or killed by these “efficient” private companies?

Point 3: How much do you think Cal Am would charge its customers if it was not regulated by the CPUC and instead all its water rates were set at the sole discretion of the Cal Am Board of Directors?

Point 4: The CPUC regulatory process is arcane, complex, difficult, time consuming and, above all, expensive for everyone involved. Hundreds of thousands of dollars and years can be spent on a given Cal Am rate setting process. The CPUC exists only so that a private company can be in a line of business that must, of necessity, be a monopoly (such as a utility).

Point 5: Marina Coast Water District is a government organization. Its Board of Directors consists of five locally elected citizens who are paid all of $50 per month. This Board meets one to two times a month. All meetings are held locally, not in San Francisco or New Jersey. The public is even welcome to attend these meetings. (Just try to get into a Board meeting at Cal Am, if you can even find out where and when they are meeting….).

Point 6: Marina Coast is beholden ONLY to its customers and the local voters. There are no shareholders to keep happy and no stock price to worry about. By law Marina Coast rates contain no profit and MUST be reasonably related to the actual cost of providing water and wastewater services. When a new rate plan is developed, it is put together for the next 3-5 years. It takes only about four months to develop and approve such a rate plan. The cost of a new rate plan is less than $50,000, including consultants and staff time. And all Board deliberations on new rate plans are done locally and open to the public. The public even gets to weigh in on new rate plans via the Proposition 218 process. So who is the inefficient bureaucracy here: the government owned utility or the privately owned monopoly?

Point 7: Points 5 and 6 can be repeated (with a couple of slight adjustments) for the Monterey Regional Water Pollution Control Agency (MRWPCA). Note: with the cooperation and assistance of the Marina Coast Water District, the MRWPCA will soon be bringing the Cal Am service area 3,500 acre-feet per year of new water. This is the largest amount of new water for the Cal Am service area that has been developed in the past 22 years. And guess what? The MRWPCA is a government owned utility.

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PUBLIC TAKEOVER EFFORT SHOULD BE FAVORED THIS TIME

For much of my journalism career, one of my roles was to offer advice in the form of editorials but it was more of an exercise than a meaningful attempt to get anyone to act a certain way. I considered it a success if anyone read the whole piece and gave it any thought.

The advice I am about to give is different. For one thing, the intended audience is much smaller. It is for the people who make decisions on behalf of California American Water Co., the principal purveyor of water to the Monterey Peninsula. And it is meant to be persuasive and not just informative.

So here goes.

Cal Am, it is time to sell.

For the benefit of your company, your shareholders and the people of the Monterey Peninsula, it is time for you to sit down at the bargaining table and try to work out a fair price for your highly successful and equally controversial enterprise. Coming to terms with the community, without a protracted takeover process, will save you money. It will maximize the return to your shareholders and that, after all, is what you are all about.

So why am I saying this? And why now?

It’s partly because I went to a forum Monday night in Monterey in which the leadership of Public Water Now sketched the basics of the group’s upcoming effort to convert Cal Am from a privately owned, profit-taking business to a publicly owned, public-benefit operation. There were about 140 people there and, as far as I could tell, none of them was from Cal Am. If there had been, I suspect they’d be writing a memo to their bosses making pretty much the same argument I’m making here.

A key argument against a public takeover effort will be that it has been tried before, most recently four years ago, and it failed then. Don’t be fooled. Although Cal Am outspent the public takeover forces 20-1, the margin of victory, was 55-45, closer than anyone expected. If this thing goes to the ballot again, you can expect the numbers to be reversed.

Since the 2013 vote on what was called Measure O, the rates Cal Am charges its customers have risen dramatically, more than doubling in many cases, and they are poised to keep going up, dramatically, for as long as the company owns the water operation. A key argument against Measure O was that a public takeover wouldn’t be cost effective. Cal Am has crippled that argument by squeezing every ounce of profit out of its customers.

The last straw for many Peninsula residents was the company’s successful effort to raise rates to make up for money it didn’t make while the community was working hard to conserve water because of drought. Cal Am wasn’t alone in this extraction. Many publicly owned water systems in the state did the same thing, but they weren’t dealing with such expensive water.

Here’s more. The 140 people at the meeting Monday night weren’t a bunch of fuzzy-headed activists. There were past and present members of Peninsula city councils and the water management district board. There were lawyers and retired CEOs. This wasn’t a bunch of twenty-somethings. This was a bunch of sixty-somethings, people who know a little something about elections. Many of them stopped to make  campaign contributions on their way out.

Also in the crowd were numerous people who were active in last year’s Measure Z campaign. That was the successful measure to ban fracking in Monterey County. Exxon and Mobil made like Cal Am and piled big money into the fight to defeat the measure. By the time it was over, they had spent more than $5 million on slick and tricky advertising that twisted the measure’s intent. In the end, Measure Z passed with more than 55 percent of the vote, a result that should scare the heck out of Cal Am’s accountants.

One of the speakers Monday night was the woman who ran the Measure Z campaign and the similar campaign that accomplished the same goals in San Benito County. She knows how to run a grassroots campaign, and so do many others who were in the room.

The people who ran the Measure O campaign were there Monday night, of course. The ringleader is Public Water Now’s George Riley, who knows almost as much about water as Cal Am. After Measure O went down to defeat, Riley didn’t walk away to lick his wounds. He dug into water issues. He continued studying Cal Am and he studied the campaign it ran against Measure O. It is safe to say he learned a lot in four years.

Four years ago, the focus of Cal Am’s fight against Measure O was the company’s desalination project, its complex and expensive answer to the Peninsula’s chronic water shortage. Cal Am campaign ads hit hard on the theme that a public takeover would delay the desalination project, which, the advertising assured us, was looming just over the horizon.

George Riley

Four years later, the desalination venture has added untold millions of dollars to the future financial burden imposed on Cal Am’s customers, but groundbreaking is no closer.The project has been stalled by technical issues and conflict-of-interest concerns, perhaps even by lack of will on the part of Cal Am. At the moment its product is something it pumps for free from the Carmel River. Even though state utility rules guarantee that it will make money in the process, getting a desal plant built is a difficult and expensive task. Critical issues, such as water rights and basic pumping technology, remain unsettled.

At the same time, alternative solutions to the Peninsula’s water shortage have moved ahead, including a plan for an ambitious water recycling project that just last week received approval for the bulk of its financing plan. That is something Cal Am’s desalination planners can only dream of.

What that means is that the need for a large and expensive desalination plant is weakening. As it stands, Cal Am looks to charge its customers hundreds of millions of dollars to treat much more water than the Peninsula needs, water that likely would be used to create subdivisions for which there is no demand. No wonder political support for Cal Am is drying up.

Cal Am officials likely have noticed the uptick in letters to the editor critical of Cal Am and its ridiculous water rates. Those letters are from actual bill-paying customers, not Public Water Now activists. The issue of Cal Am rates is not just something for Public Water Now to turn into a slogan. Real people are really upset with the cost of water and don’t like it one bit that the cost here is about as high as it is anywhere.

A lot has changed in four years. When Measure O was on the ballot, the Peninsula mayor’s water advisory board played a key role in urging its defeat. The makeup of that board has changed. Most notably, former Carmel Mayor Jason Burnett is out of office and out of power. It was Burnett who coalesced the mayoral opposition to Measure O and who coordinated strategies with the Peninsula business community’s support for Cal Am. For elected officials, supporting Cal Am politically is far riskier now than was then.

As Riley pointed out Monday, the makeup of the water management district board has changed as well. That’s important because the district would become the initial operator of the water system once Cal Am was removed. Former Sand City Mayor David Pendergrass is gone from the district board, along with his unflinching support for Cal Am. New county Supervisor Mary Adams is going onto the board, bringing her brand of quiet progressivism with her.

If the ballot measure proceeds, Cal Am officials will spend millions fighting it while telling the shareholders that they are protecting the investment. Then, when the measure prevails, Cal Am will spend millions in litigation, fighting the election results initially and then watching as platoons of $500 per hour lawyers negotiate over the public purchase price of the system. In the end, a court, not Cal Am, will decide on the purchase price.

Cal Am officials on the Peninsula have insisted for years that their system here is barely if at all profitable, yet they have made it clear that they will fight to keep it. If anyone knows any Cal Am shareholders, you should send them this piece and encourage them to ask the company whether this fight really makes sense. Doesn’t it make more sense to start negotiating the price now?

It is time for the company to recognize that the tide has turned. By working every angle to squeeze maximum profit out of every aspect of the operation, they have invited a takeover by a publicly operated management structure intent on public service rather than rate of return.

I don’t mean to suggest that the takeover effort is a slam dunk if Cal Am resists. It will require tremendous energy and effort. But by every indication, there is an ample supply of energy and will and a diminishing set of reasons to keep Cal Am around.

So, Cal Am, if you’re thinking like the good corporate citizen you claim to be, you should conclude that it was nice while it lasted but it’s time to move on. And even if you’re thinking like the calculating enterprise that you really are, you should realize that sticking around means throwing lots of good money into a pot you can’t win. To steal a line from the anti-Measure O campaign, it’s a risk you can’t afford.

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I read with great interest Royal Calkins’ post summarizing the efforts of Public Water Now members and supporters to work for public water to replace private water historically provided by Cal Am.  The comments I have seen thus far in response are from regular commenters on the blog, so not much new interest seems to have been ignited.

I have been an avid supporter of prior and current efforts by many to accomplish the demise of Cal Am on the Peninsula. The ratepayers of the Monterey Peninsula do not deserve to be the receivers of what is now considered the most expensive water rate in the country.   They deserve to have a public agency, which would, in theory, provide much less costly rates, real accessibility to the decision-makers, and the ability to remove from office at the ballot box those officials who don’t live up to the ratepayers’ expectations.

Trouble is, in order to determine the potential for those lofty and necessary goals and dreams, it is more than necessary to consider the entire context of the ongoing war, which has spanned over several decades and has been fought so hard by the few but incredibly committed and knowledgeable men and women on behalf of all fellow Peninsula ratepayers.

But before discussing the hurdles, this point is important.  George Riley, head of PWN, Ron Weitzman of the Water Ratepayers Association of the Monterey Peninsula, Marc del Piero, and dozens of other activists already are fully aware of the challenges. They have toiled long and hard with their own money and time on behalf of all of you who are affected by exorbitant unfair rates. Many people know of them, have read their commentaries and understand that a few people are fighting for all of them.  But I bet very few people realize all the hurdles that must be overcome.  It is my hope that when the public becomes aware of the scope of the effort they will want to join in the fight.

The hurdles are all known:  politics; the difficulties inherent in the process of acquisition, with all of its legalities and uncertainties; timing; gaining the vocal and active major support across the board from a strong majority of affected ratepayers; and, last but not least, money. And there is another important hurdle, the Monterey Peninsula Water Management District.

It is already known that the mayors, as nominal leaders of their cities, have thrown their support to Cal Am from the very beginning, starting with the formation of a joint powers agreement they formed to work “fairly and openly” to bring the most “effective and cost-effective” water supply to their constituents.  That hasn’t worked out. I am not pointing a finger at any individual but am looking at the wide picture. People who seek public office want to stay there, usually for very good and ethical reasons.  However, they find out immediately that, in order to do so, they need the support of the people who have the influence, time and money to promote those influences. Therefore, the heads of cities financially dependent on the hospitality industry are less likely to take public stances that are not favored by those who have influence in that industry. The cost of water is not so concerning to the industry as it has the means to pass on additional costs to their customers.  As we all know, residential ratepayers do not have that option.  But, probably in the minds of the mayors, the ability to keep the Peninsula’s economy humming trumps their willingness to go to the mat against the California Public Utilities Commission and Cal Am. During the past Measure O effort to acquire Cal Am, guess who dumped lots of cash to defeat the measure. Cal Am with support from hospitality big-wigs. Not a surprise.

There is more than one option for the acquisition process but only one is capable of success. California law gives the authority to local governments to acquire land and assets from private utilities, primarily by simple purchase of through eminent domain. The problem is Cal Am will not sell any of its land or assets. it will not be a friendly negotiator in the eminent domain process and it has publicly stated that it does not fear litigation. So, if even the new measure passes, the cost of acquisition would need to be studied, at a rather hefty price. If it clearly concludes that acquisition is feasible and will ultimately lead to a lesser burden on ratepayers, it could then lead to an acquisition process filled with hurdles.

Timing is critical.  If the process of retaining counsel, etc., is stretched out, the first election date might not be until next spring when other local issues and re-elections take place. That might work for the proponents, but any distraction is a problem.  The campaign needs to attract motivated and committed members of the public who will spend their time and money in full support of the measure. Working against that is the fact that the previous measure fell short in each city on the Peninsula.

Aiding the effort, Cal Am has shot itself in the foot with its outrageous rate increases. More and more people are expressing their anger for having to put up with rates that make water almost an unaffordable necessity.  But even so, a critical mass has not yet coalesced to provide PWN and its fellow activists necessary to make a much stronger statement at the polls. I am not sure if the response to Royal’s piece is indicative of that, but the commenters who posted were persons who regularly do so, and didn’t include any or many new names who are coming on board with their anger and concern.   More work needs to be done and it takes time AND money to do so – both hurdles in themselves.

Money. Cal Am has access to as much money as it needs to fight off its opposition.

Finally, there is the water district. There has been talk of creating a new joint powers agency to take up the mantle and provide public water once Cal Am is defeated.  That option is a hurdle by its very nature – joint powers agencies are formed by two or more local jurisdictions.  Given the political bent of current local jurisdictions (e.g., the cities), there is not much reason to believe that a new combination of the same parties would not end up same old same old.   A better choice is the MPWMD. After all, it is a water district with jurisdiction over the entire Peninsula. It has a large and capable staff and a proven leader in its general manager.  However, the district is not clean of internal hurdles either.  It has been incapable of implementing a solution to the long-standing water supply problem (although the voters rejected some options sought by the District). The makeup of its board and how it is selected need a new look.  Five members of the board represent five districts and are directly elected, and that is good.  However, two members are appointed, one by the county Board of Supervisors and other by a city committee.  The problem is that the statute does not dictate that the supervisor must be from a supervisorial district that represents at least part of the water district’s area of responsibility, and the method of appointing a city representative is completely inconsistent with the actual language of the statute.  More importantly, a supervisor from a district other than supervisorial districts 5 and 2 (the ones that cover part of the Peninsula) has never been appointed, but the statute allows for that not to happen.  And, with respect to city reps, while the illegality of the history of appointing a city rep (which nobody really cares about), there should be a separate agreement that the rep chosen should rotate on a regular basis among all of the six Peninsula cities.  As it has stood, one man, the mayor of the smallest city on the Peninsula, has represented all of the cities for decades. Those with more at risk should have the greater opportunity to sit in that seat.

No matter if the new measure is passed and the water district is named to succeed Cal Am, there are some procedural issues that need to be addressed if the public is going to have its expected access. The district board rigidly follows the three-minute speaking rule for public comment. Perhaps members of the public could petition for spots on the regular agenda rather than having to make a point in three minutes.

Further, no one should expect that a public agency would not raise rates. It would when necessary. Hopefully, that would only occur after hearings in which groups ratepayers with similar points to make could be agendized.

The bottom line is, for public water to really work, the board of the district has to be in full support of the effort and the process has to be transparent and accessible with real, not symbolic,  input from the public.

Bill Hood is the former executive director of the Association of Monterey Bay Area Governments. He is also a retired water lawyer and engineer who divides his time between Ohio and Carmel.

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Public Water Now, the activist group that has been pushing for a public takeover of Cal Am Water, is asking the various regulatory agencies to put the company’s desalination project on hold until it addresses two sticky and expensive issues.

And if the agencies, particularly the California Public Utilities Commission, do agree to a timeout, look for Public Water Now to use some of that time to launch a renewed effort toward a public takeover of the privately owned utility.

In its campaign against the Measure O takeover initiative in 2014, Cal Am argued that it could not move ahead with the complex desalination project while also having to combat a takeover campaign.

Public Water Now leader George Riley would not comment on that possibility this week though there has been talk of a new ballot measure at the group’s most recent meetings. Others involved in the group have hinted at another takeover measure and have said a decision should occur within months.

In a statement attached to the letter to the public agencies, Riley wrote, “Public Water Now continues to focus on the high cost of a new water supply. PWN knows from experience that ratepayers will pay for Cal Am success, delay or failure. PWN continues to believe there will be litigation on Cal Am’s desal proposal. PWN hopes that public officials will pay astute attention to the potential for delay, and possibly failure, from litigation.

“Meantime, the need for a reliable water supply continues. And Cal Am costs continue to pile up. PWN believes that the potential for complete financial disaster to ratepayers can be reduced, if not avoided altogether, if two important issues were addressed soon: 1. the weak science surrounding the test slant well. 2. the lack of water rights.”

Cal Am’s long-delayed desalination project depends on slant-well technology that aims to reduce the impact on aquatic life. For various reasons, including conflicts of interest involving experts involved in the testing, the company has had difficulty demonstrating that planned technology can work here. In its letter, Public Water Now notes that the technology is not in use anywhere.

The letter also points out that as part of its project, Cal Am intends to use water from the Salinas Valley aquifer though it has no rights to the water.

A Cal Am takeover has been the subject of two previous ballot measures, which both went down to defeat. The first was simply advisory. The second, in 2014, would have required the Peninsula water management district to conduct a feasibility study and then to proceed with a takeover if it was deemed feasible.

The measure received 45 percent of the vote, short of a majority. Cal Am hailed that as proof of public indifference to a takeover but supporters of Public Water Now argued that it was a strong showing considering that the water utility had spent millions of dollars on deceptive advertising to combat the effort. The group’s polling showed that absentee voters who voted early, at the height of the Cal Am advertising blitz, favored Cal Am’s position while those who waited to hear response to the advertising heavily favored the takeover.

Likely a significant factor in Public Water Now’s thinking is the fact that Cal Am’s rates have risen dramatically in recent months, in large part because the state Public Utilities Commission is allowing water agencies to charge customers now for water that wasn’t used because of conservation measures during the recently ended drought.

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????COMPANY HAS NO RIGHT TO SOME OF THE WATER

Back in July 2013, a settlement agreement was reached between California American Water, local water agencies, certain ag interests in the Salinas Valley and several non-profit agencies including the group now known as Public Water Now. The agreement related to Cal Am’s proposed water supply project that involves building and operating a desalination plant in the vicinity of Marina.

Public Water Now is headed by George Riley, a well-known leader in the ongoing effort to seek fair water rates for Peninsula residents. Public Water Now signed the agreement not because it was in full support of the project but because, as a party to the agreement, it would be entitled to participate in reviewing draft reports and other activities. It would be in the loop rather than on the outside.

The settlement agreement contains important language that gives the parties, including Public Water Now, the right to challenge the project’s source of water if it is shown to harm the Salinas Valley Groundwater Basin or the Sand Dunes Aquifer in the Seaside-Marina area. It is unlawful to extract water from one groundwater basin and transfer it to another. Water taken from either or both of those sources and used by a desal plant would be unlawful. On top of that, Cal Am has no underlying legal right to either source.

Therefore, Cal Am turned to the idea of drilling slant wells under Monterey Bay in order to reach sea water for desalination. Drilling data, however, have clearly shown that significant amounts of fresh water, not totally saline water, is in the water pumped so far, meaning Cal Am is pumping water to which it has no legal rights. Further, in spite of Cal-Am’s continuing arguments that slant wells are a tried and true method of obtaining water for a desal plant, the company has provided no proof of that, and Public Water Now has determined that no ocean desal plant in the world is served by slant wells.

Given these facts, Riley sent two emails in 2015 and 2016 to all parties before the California Public Utilities Commission in connection with the continuing hearings on Cal Am’s project. He wrote that he and Public Water Now were exercising the right under the agreement to withdraw support for slant wells and to actively work for legal and reliable alternatives. He provided the necessary facts on the record to support his claim.

Neither email was incorporated into the record.

In response, Cal Am and its supporters had their lawyers submit a “Motion to Strike” Riley’s emails.

The motion asserts that the emails were sent “ex parte,” meaning sent without notice to other involved parties, including a decision-maker. Even though the other involved parties did indeed receive notice, the CPUC prohibits such communications if a decision-maker such as an administrative law judge is a recipient. The administrative law judge was, in fact, a recipient.

The underlying purpose of limiting ex parte communications in a judicial or quasi-judicial setting, such as the CPUC’s administrative action involving Cal Am, is to ensure that no party can gain an unfair advantage by communicating off-the-record with any decision-maker.

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George Riley

It is important to note that administrative law judges do not have decision-making authority on substantive matters. They make procedural decisions but their opinions on matters of substance are only recommendations to the commissioners. None of the five commissioners received the emails, so the integrity of the process was not compromised.

If Cal Am succeeds in having the emails stricken from the record, important facts will be kept out of the record upon which a final decision will be made on the desal project.

What are they afraid of?

If the information and facts offered by Riley and Public Water Now were faulty, why would Cal Am be so concerned about them and go to such effort to have them stricken from the record?  They are concerned about those facts because they are the basis for showing the world the mistakes, misleading statements and other errors that have increased the project costs that will probably be transferred to ratepayers.

The motion asserts that the time for “commenting on the agreement” had long passed when, in fact, the emails were not comments on the settlement agreement. The emails address issues that arose after the settlement agreement. Since the settlement, concerns about the slant wells have evolved, including conflicts of interest involving the man who designed the wells and the validity of the data collected from test wells.

So it comes down to this. The emails were, by a strict definition, ex parte communications prohibited by the PUC. But at the same time, the substance of the emails had nothing to do with comments on the settlement agreement. Rather, they were direct communications necessary to notify all parties involved that Riley and Public Water Now had gathered sufficient evidence from the record to support the exercise of the right to challenge the source of water for the proposed desalination plant.

If the motion is adopted by the administrative law judge, facts that are not supportive of Cal Am would never see the light of day. The motion also threatens serious sanctions against Riley and Public Water Now.

The motion to strike is inappropriate and PWN’s emails should be incorporated into the record. Fairness and equity also demand that the final decisions in this case be determined on the basis of all the facts that should be contained in the entire record. As such, facts adverse to Cal-Am should be included as long as they are facts and can be supported as such. Riley has made that case. Justice demands that the motion fail. If it is adopted, the administrative law judge should direct Riley and Public Water Now to resubmit their materials in another format.

Hood is a retired lawyer and engineer who divides his time between Carmel and Columbus, Ohio. He is a former executive director of the Association of Monterey Bay Area Governments.

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Colourful lollipop on green background with copy spaceExpect oil industry to pull out all stops to fight Monterey County anti-fracking initiative

Most Americans are familiar with Abraham Lincoln’s famous saying that, “You can fool all the people some of the time, and some of the people all the time, but you cannot fool all the people all the time.” I think that’s good, as far as it goes but, nowadays, it doesn’t go far enough – and that’s where the Turner Corollary (TC) comes in.

The TC states that “With the help of a slick, professional, high-priced public relations campaign, you can fool most of the people most of the time.”

I tell you this because, if we are successful in our efforts to get an initiative on the November ballot to ban fracking in Monterey County, you can expect to be subjected to the slickest, most professional and most expensive public relations (PR) campaign to defeat it that the Petroleum Institute’s (PI) bottomless pockets can buy.

Although I have indulged my ego by naming the corollary after myself, I am certainly not the first person to notice the connection between corporate PR campaigns and the defeat of grassroots political campaigns.

John Stauber is a progressive political activist who noticed, in the 1970s, that he would enter a campaign (to halt construction of a nuclear power plant, for instance) with polls showing that his side had a 60-40% lead only to end up losing the election by 60-40%. He, also, noticed that the opposition (the nuclear power industry, for instance) mounted a very slick, professional and expensive PR campaign that was very effective in changing peoples’ minds. Very few of the factors that changed minds had anything to do with honestly demonstrating that nuclear power was safe or that the claims made by the anti-nuclear folks were wrong. Rather, by repeating lies and half-truths over and over in every media (TV, radio, print, mail – and add all of our new social media today) and even using people paid by the PR campaign canvassing door-to-door extolling the virtues of nuclear power. These folks did not identify themselves as being paid by the PR campaign and tried to appear, as much as possible, as simply concerned and involved citizens who just wanted to counter the anti-nuclear position.

Stauber’s growing understanding of how these PR campaigns were resulting in his causes losing elections led him to research the PR industry, in general, and the dirty tricks employed by these PR campaigns, in particular, that contributed to those losses. You can read about this in his 1995 book, co-written by Sheldon Rampton, entitled, Toxic Sludge Is Good For You : Lies, Damn Lies and the Public Relations Industry. Although the book is over 20 years old, it is as relevant now as it was then.

Incidentally, these PR techniques work because (or only when) they are unopposed. And they are usually unopposed because legitimate grassroots organizations – like Public Water Now in 2014 and Protect Monterey County in 2016 – rarely have access to the millions of dollars that corporations have. In 2014 Cal Am outspent Public Water Now $2.5 million to $100,000 on the measure favoring public ownership. That’s a 25:1 advantage.

We can expect to see a similar asymmetrical assault by the PI against our fracking ban. As a matter of fact, it has already begun. Ads by the PI have been appearing on TV, for months, extolling the virtues of oil production in Monterey County. The good news is that the situation is not hopeless. It is possible for grassroots political campaigns to defeat the PR campaigns of these rapacious corporations with the application of “people power.” If we are successful in mobilizing enough people to go door-to-door talking to their neighbors, explaining our position and exposing the lies of the PR campaign and its shills who may also be knocking on doors, we can be successful in the general election.

One final thought. The unfair advantage that wealthy people and corporations with limitless funds have in U.S. elections has been going on for so long (long before Citizens United in 2010) that most Americans don’t even bother remarking about it – if they notice it at all. They act as if this money imbalance is just an inevitable part of the political environment – which it isn’t. But that discussion will have to wait for another essay.

Turner, a retired Monterey dentist, is a community activist.

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