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Posted by: Kim_Hamilton on 10/30/2012 06:22 PM
Updated by: Kim_Hamilton on 10/30/2012 06:22 PM
Expires: 01/01/2017 12:00 AM
:
LaContenta Investors Against the Calaveras County Water District
Calaveras County, CA....In 2008, the Calaveras County Water District (CCWD) and LaContenta Investors (LCI) entered into an agreement to facilitate water supply to the LaContenta Golf Course. The agreement was crafted in connection with a 2002 Waste Discharge Order from the California Regional Water Quality Control Board in order to supply LCI with a water source to irrigate its golf course and to provide CCWD an avenue to discharge its treated wastewater effluent. In connection with ....
the agreement, LCI was afforded the opportunity to earn sewer credits for future use through its increased utilization of treated wastewater and performance of various other improvements to the golf course designed to enhance its wastewater discharge capacity. LCI would earn sewer credits in proportion to the volume of wastewater effluent disposed of between 2008 and 2011, with certain additional credits awarded for constructing improvements. The agreement also afforded CCWD with the option to supplement the treated wastewater provided to the golf course with untreated New Hogan water.
In early 2011, LCI was using a substantial amount of New Hogan water to irrigate its golf course rather than the treated effluent produced by CCWD. After requests that LCI increase its treated wastewater use were unsuccessful, CCWD shut off LCI’s access to the New Hogan water. The underutilization of the recycled water caused a concern for CCWD, and the public, since CCWD’s effluent ponds had the potential to overflow and spill wastewater if a sufficient amount was not taken by LCI during the irrigation season. In an effort to avoid such a spill and encourage LCI’s use of additional wastewater, CCWD shut off the New Hogan water.
In response to the termination of access to raw water LCI sued seeking an order from the Court requiring CCWD to grant LCI unrestricted access to raw water to irrigate its golf course and barring CCWD from interfering with that access in the future. Through its lawsuit, LCI also sought orders from the Court that:
• LCI was entitled to the maximum $1.8 million in sewer credits for utilizing treated effluent from CCWD’s LaContenta wastewater plant, despite not meeting maximum target amounts established by the agreement.
• LCI has a right to receive untreated water from New Hogan Reservoir.
• LCI has suffered damages by CCWD controlling its access to Hogan water.
Earlier this month, in response to a motion filed by CCWD, the Superior Court agreed with CCWD and ruled that LCI does not have any right to the use untreated New Hogan water for irrigation. The Court further determined that CCWD has the sole discretion to control LCI’s access to New Hogan water. Moreover, because LCI does not have any right to New Hogan water it cannot pursue damages against CCWD for turning off LCI’s access, thus defeating one of LCI’s primary claims in its lawsuit. The entire dispute is not over, however, as the Court determined that LCI has a right to continue to trial on the issue of whether or not it has earned sewer credits and in what amount.
CCWD also wishes to inform users of the golf course and those living nearby who have called CCWD and the County about odors from the golf course ponds that the ponds have not contained treated effluent nor were they affected by the brief termination of New Hogan water to the course. The odors developed due to a lack of air in the ponds and the decay of organic materials. The County ordered the golf course to employ standard aeration practices during summer months to improve this situation.
CCWD remains willing to work with LCI to assist and advise them, as CCWD has done in the past, to maximize their use of recycled water in an effort to protect the water supply of Calaveras County by maximizing the use of recycled water and minimizing, or eliminating the use of New Hogan water for golf course irrigation.
Calaveras County Water District is a public agency committed to meeting the diverse needs of the historical gold country that spans 1,100 square miles. CCWD is responsible for potable water delivery, wastewater collection, recycled water distribution, groundwater management and hydropower generation facilities in the county. Through responsible management and innovative planning, CCWD strives to protect the region’s rich resources and advance its mission to serve the public.
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