Final Judgment in Rate Case Secures Landmark Water Authority Victories
MWD owes Water Authority $235 million and rights to more MWD water supply
A final judgment entered in San Francisco Superior Court late Wednesday affirms victories by the Water Authority in both phases of two landmark lawsuits challenging rates set by the Metropolitan Water District of Southern California. The judgment also orders MWD to recalculate the Water Authority's statutory right to MWD water supply -- a right MWD had illegally under-calculated for more than a decade.
The final judgment by Judge Curtis E.A. Karnow combines rulings he issued in 2014 and 2015. Key elements of the judgment are: the invalidation of MWD's unlawful transportation rates for 2011-2014; an order directing MWD to pay the Water Authority $188.3 million in contract damages; and a finding that MWD has under-calculated the Water Authority's right to MWD water by tens of thousands of acre-feet of water per year.
In addition, the judge said MWD owes the Water Authority $46.6 million in prejudgment interest, for a total judgment of nearly $235 million. That amount will accrue simple post-judgment interest of 7 percent annually, meaning the total amount due to the Water Authority will grow by $45,000 per day -- or $16.4 million per year -- until MWD pays what it owes to the Water Authority.
Additional information about the case, including the final judgment and peremptory writ of mandate, is posted at www.sdcwa.org/mwdrate-challenge.
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Water Authority Advances a More Sustainable Path for State Drought Regulations
The Water Authority is proposing changes to state emergency water-use regulations that promote a more equitable and sustainable long-term water strategy for California. The Water Authority encourages residents, civic organizations and business groups across California to support revisions that will enhance drought resilience, reward communities for past investments in water supply reliability and prompt new investments.
The Water Authority's proposal is for a balanced approach that allows water agencies to meet the state's water-use reduction targets through a combination of conservation and sustainable drinking water supplies, such as desalination, potable reuse and long-term transfers of conserved water. Due to the severity of California's current drought, water agencies would remain obligated to reduce water use by at least 8 percent compared to the state's baseline period during emergency conditions.
The State Water Resources Control Board's current emergency regulations include conservation standards that took effect June 1 for each urban water agency in California. In San Diego County, these standards require each of the Water Authority's member agencies to reduce their urban potable water use between 12 and 36 percent compared to 2013. Overall, the aggregate savings target for the region is 20 percent. Through October, the region has beaten the goal, reducing water use by 26 percent compared to the same months in 2013.
On Nov. 13, Gov. Jerry Brown issued an executive order directing the state board to extend its water-use restrictions through October 2016 if drought conditions persist through January 2016. He also directed the state board to consider modifications to its regulations, and the agency is seeking public comments on what elements should be amended. Written public comments are due by noon on Wednesday, Dec. 2. The Water Authority encourages residents and businesses who support modifications to the state's emergency regulations to submit comments by the deadline.
The Water Authority has set up a web page where comments can be readily submitted to the state board. It is at www.sdcwa.org/state-board-comments. Written comments may also be submitted to Jeanine Townsend, Clerk of the Board, State Water Resources Control Board, 1001 I Street, 24th Floor, Sacramento, CA 95814. Comment letters also may be emailed to commentletters@waterboards.ca.gov or faxed to (916) 341-5620. Emails should indicate in the subject line "Comment Letter -- Urban Water Conservation Workshop."
The state board's public workshop on emergency water-use regulations starts at 10 a.m. Monday, Dec. 7, in Sacramento at the CalEPA Headquarters Building, Coastal Hearing Room, 1001 I Street, Second Floor.
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Regional Water Use Drops 19 Percent in October Despite Extreme Heat
County has beaten cumulative state target since June, with water use down 26 percent
Urban potable water use in the San Diego region decreased by 19 percent in October compared to October 2013 despite record-setting heat, according to preliminary data released this week by the Water Authority. It was the fifth consecutive month of major regional water-use reductions since state mandates started in June.From June through October, regional water consumption dropped by 26 percent compared to the state's baseline period in 2013, beating the regional aggregate target of 20 percent.
High temperatures made water conservation more challenging in October. Temperatures at Lindbergh Field were about 8 degrees above average for the month; in October 2013, temperatures at Lindbergh Field were slightly below normal. Current projections are for temperatures to remain above average statewide during the fall and winter, likely making it harder to conserve water and making it harder to accumulate snowpack. For information about drought conditions and conservation-related resources, go to www.whenindrought.org.
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Enter The Water Conservation Garden Gift Shop Renaming Contest and Win One-Year Family Membership
The Water Conservation Garden in El Cajon is expanding and renaming its gift shop. The Garden is taking name ideas through Nov. 20 and will reveal the new name at the Dec. 5 Holiday Open House. The person who suggests the winning name will receive a one-year family membership valued at $65 to The Garden and a $100 gift certificate to the gift shop. To learn more about the contest and submit a name, click here. For more information about The Garden, go to thegarden.org.
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