Quantcast
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

City of Carlsbad in a fight for water

Claims rights to "percolating groundwater"

City officials in Carlsbad have been on the hunt for small-scale water sources to meet demands and to supplement the existing supply.

On December 5, the City of Carlsbad came one step closer to achieving their goal when city officials filed a lawsuit against the California State Water Resources Control Board over rights to "percolating groundwater" found inside city limits.

The city wants the water without having to acquire permits. The California State Water Resources Control Board, known as “the water board,” thinks otherwise.

“The water underlying the Property is percolating groundwater, and thus may, among other things, extract and divert such groundwater without obtaining a permit or license from the Water Board. [If] the water underlying the Property is a subterranean stream flowing through known and definite channels, they may, among other things, extract and divert such water without obtaining a permit or license from the Water Board because Plaintiffs have pre-1914 Water Rights with respect to the Property, in whole or in part,” reads the city’s argument.

In the past, Carlsbad has used groundwater as a partial source, but since 1993 they have mainly relied on purchasing imported water from the San Diego County Water Authority and utilizing several sources of recycled water.

For years, the city has tried to find a way around purchasing water from the state water board, which controls the appropriation of surface water and sets water rates. To do so, they have been on the lookout for small-scale water sources to meet demands and supplement the existing supply.

In 2010, the City of Carlsbad released an Urban Water Management Plan that cited the “cost-effectiveness of utilizing groundwater.” The study concluded “that while the treatment and delivery of groundwater is feasible, it is not cost-effective.”

But as water rates increased, the argument over cost-effectiveness changed. Since the time of the study, the costs of importing water have significantly increased, prompting the city to change its approach. City officials now believe they must fight to keep water rates from increasing even more.

The suit states that, “The City has certain Water Rights stemming from their ownership of and/or interests in certain real property in the City of Oceanside, County of San Diego, State of California. They desire to use, develop, market and/or monetize their Water Rights for the benefit, health, safety and welfare of the residents of the City and the District….

"Plaintiffs seek preliminary and injunctive relief against the Water Board and the other Defendants enjoining them and their respective board members, principals, agents, employees, affiliates, representatives, contractors, subcontractors and vendors from interfering with Plaintiffs' Water Rights by, among other things, (a) wrongfully asserting that the water underlying the Property is a subterranean stream, rather than percolating groundwater, (b) wrongfully asserting that Plaintiffs lack pre-1914 Water Rights with respect to the Property, in whole or in part, if and to the extent the water underlying the Property is determined to be a subterranean stream flowing through known and definite channels; and (c) taking any steps to require that Plaintiffs obtain a permit or license prior to, among other things, extracting or diverting water from the Property.”

Furthermore, the City of Carlsbad and the Carlsbad Municipal Water District “have suffered and will suffer irreparable harm unless the Defendants' assertions and conduct clouding the title to Plaintiffs' Water Rights are restrained and enjoined."

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

Tacos Lily: good enough for Anthony Bourdain!

I raise my Tecate to the Master.

City officials in Carlsbad have been on the hunt for small-scale water sources to meet demands and to supplement the existing supply.

On December 5, the City of Carlsbad came one step closer to achieving their goal when city officials filed a lawsuit against the California State Water Resources Control Board over rights to "percolating groundwater" found inside city limits.

The city wants the water without having to acquire permits. The California State Water Resources Control Board, known as “the water board,” thinks otherwise.

“The water underlying the Property is percolating groundwater, and thus may, among other things, extract and divert such groundwater without obtaining a permit or license from the Water Board. [If] the water underlying the Property is a subterranean stream flowing through known and definite channels, they may, among other things, extract and divert such water without obtaining a permit or license from the Water Board because Plaintiffs have pre-1914 Water Rights with respect to the Property, in whole or in part,” reads the city’s argument.

In the past, Carlsbad has used groundwater as a partial source, but since 1993 they have mainly relied on purchasing imported water from the San Diego County Water Authority and utilizing several sources of recycled water.

For years, the city has tried to find a way around purchasing water from the state water board, which controls the appropriation of surface water and sets water rates. To do so, they have been on the lookout for small-scale water sources to meet demands and supplement the existing supply.

In 2010, the City of Carlsbad released an Urban Water Management Plan that cited the “cost-effectiveness of utilizing groundwater.” The study concluded “that while the treatment and delivery of groundwater is feasible, it is not cost-effective.”

But as water rates increased, the argument over cost-effectiveness changed. Since the time of the study, the costs of importing water have significantly increased, prompting the city to change its approach. City officials now believe they must fight to keep water rates from increasing even more.

The suit states that, “The City has certain Water Rights stemming from their ownership of and/or interests in certain real property in the City of Oceanside, County of San Diego, State of California. They desire to use, develop, market and/or monetize their Water Rights for the benefit, health, safety and welfare of the residents of the City and the District….

"Plaintiffs seek preliminary and injunctive relief against the Water Board and the other Defendants enjoining them and their respective board members, principals, agents, employees, affiliates, representatives, contractors, subcontractors and vendors from interfering with Plaintiffs' Water Rights by, among other things, (a) wrongfully asserting that the water underlying the Property is a subterranean stream, rather than percolating groundwater, (b) wrongfully asserting that Plaintiffs lack pre-1914 Water Rights with respect to the Property, in whole or in part, if and to the extent the water underlying the Property is determined to be a subterranean stream flowing through known and definite channels; and (c) taking any steps to require that Plaintiffs obtain a permit or license prior to, among other things, extracting or diverting water from the Property.”

Furthermore, the City of Carlsbad and the Carlsbad Municipal Water District “have suffered and will suffer irreparable harm unless the Defendants' assertions and conduct clouding the title to Plaintiffs' Water Rights are restrained and enjoined."

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Black Lives Matter offshoot chooses street outside Police Headquarters for street mural

Placing the BLAME
Next Article

Tahona Bar takes it to the street

Perks include cemetery view dining, and cocktails out of a VW bus
Comments
1

Gee, Carlsbad city government is trying to keep water rates down. I only wish that the Vista Irrigation District did something like that. Carlsbad has always been an odd duck of cities in that the politicians and city government actually looked out for the interests of the residents. Good old "Saint Claude", aka Bud Lewis, aka Kim Il Bud, aka "Mayor for Life" Lewis managed to get elected over and over and over by giving them what they wanted. The downside was that if you lived in a neighboring city you expected him and the city government to c__p all over you if there was any conflict. I called him our CarlsBad Neighbor. But that city did take care of its own. How many other cities can make that claim?

Dec. 17, 2013

Sign in to comment

Sign in

Art Reviews — W.S. Di Piero's eye on exhibits Ask a Hipster — Advice you didn't know you needed Best Buys — San Diego shopping Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits City Lights — News and politics Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Excerpts — Literary and spiritual excerpts Famous Former Neighbors — Next-door celebs Feast! — Food & drink reviews Feature Stories — Local news & stories From the Archives — Spotlight on the past Golden Dreams — Talk of the town Here's the Deal — Chad Deal's watering holes Just Announced — The scoop on shows Letters — Our inbox [email protected] — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Of Note — Concert picks Out & About — What's Happening Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Pour Over — Grab a cup Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer News — Inside San Diego suds SD on the QT — Almost factual news Set 'em Up Joe — Bartenders' drink recipes Sheep and Goats — Places of worship Special Issues — The best of Sports — Athletics without gush Street Style — San Diego streets have style Suit Up — Fashion tips for dudes Theater Reviews — Local productions Theater antireviews — Narrow your search Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Waterfront — All things ocean Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close