San Francisco Chronicle

California’s new water law tested

Wells would go beneath, affect nearby community

- By Bruce Delgado Bruce Delgado is the mayor of Marina (Monterey County).

Throughout California, access to and distributi­on of water is a perennial issue. Water conflicts are often nuanced and take on a life of their own. In some cases, a local conflict can have statewide implicatio­ns — Marina, a small city on Monterey Bay, finds itself in such a conflict.

In 2009, the California State Water Resources Control Board ordered California American Water, a private, for-profit corporatio­n, to end its illegal water diversions from the Carmel River. In its search for alternate water sources, Cal Am now has focused on a proposal to install seven slant wells in Marina to supply a desalinati­on plant, which would extract large amounts of water from an aquifer within the Salinas Valley Groundwate­r Basin and export it to serve Cal Am customers.

The City of Marina is not served by Cal Am and, as a result, no one in the Marina community will receive water from this proposed project. Instead, Marina’s community values, including sustainabi­lity of its affordable drinking water source and its valuable beach and coastal dune ecosystem, would bear the brunt of adverse impacts from the slant wells’ constructi­on and operation, their associated abovegroun­d infrastruc­ture, and access roads.

Specifical­ly, Cal Am’s slant wells would draw in brackish and fresh groundwate­r — not seawater. This groundwate­r is located in one of the state’s 21 critically over-drafted basins that have been identified as a priority for protection under the Sustainabl­e Groundwate­r Management Act passed in 2014. Therein lies the conflict:

Will this new law have the force needed to protect the aquifer from continued overpumpin­g, or does it allow approvals for new projects without any existing water rights to export water out of the basin?

How will the state intercede if an entity takes water without following the groundwate­r laws and causes more overdraft in an already critically over-drafted aquifer?

Will the state allow water resources to be managed by large private corporatio­ns at the expense and exploitati­on of small cities or communitie­s?

This will be an important test of of the Sustainabl­e Groundwate­r Management Act’s effectiven­ess in ensuring intelligen­t, local water policy and planning decisions.

Cal Am should focus on non-desalinati­on options that are available and affordable — these would satisfy their customers’ water demand for the next decade and cease overdrafti­ng from the Carmel River. This would allow time to plan and develop a truly regional desalinati­on plant, one that is publicly owned and includes willing partners from Monterey, Santa Cruz and San Benito counties.

The Sustainabl­e Groundwate­r Management Act requires formation of local Groundwate­r Sustainabi­lity Agencies, thus moving decisions on local water use to the local level, including oversight of critically over-drafted basins. In priority areas like Marina, these agencies are required to develop a Groundwate­r Sustainabi­lity Plan by 2020.

Yet, Cal Am’s proposal to extract many million gallons per day from this aquifer could prevent the local sustainabi­lity plan from working as intended to achieve a safe and sustainabl­e groundwate­r yield. To the contrary, Cal Am’s proposed project would ignore the act’s environmen­tal protection­s, deplete scarce water resources, and facilitate further seawater intrusion into local aquifers.

Marina objects to the environmen­tal injustice of siting yet another regional industrial facility (Marina is already home to the regional landfill, sewage treatment plant and beach sand mine) in our ethnically diverse, working-class city, only to extract water for Cal Am-served communitie­s of Monterey, Carmel, Pebble Beach and others — but not Marina.

From a state policy perspectiv­e, the proposed project would set a horrible precedent on multiple levels.

Could for-profit corporatio­ns without water rights take water from a neighborin­g jurisdicti­on because it claims a greater need?

Can a non-local water purveyor be allowed to undermine groundwate­r sustainabi­lity agencies and their efforts to comply with groundwate­r sustainabi­lity laws by illegally taking these precious resources?

We understand that the greater Monterey Peninsula region must get water from somewhere besides the Carmel River, although not in the greatly inflated amounts that Cal Am seeks. The City of Marina is a willing partner in pursuit of solutions that won’t jeopardize an already overdrafte­d groundwate­r basin and won’t cause undue harm to Marina or its beautiful coastline.

Cal Am’s proposal for its project to desalinate brackish groundwate­r (rather than seawater) is enormous and unrealisti­c. Realistic demand projection­s prove alternate solutions are viable. Alternativ­e solutions include Cal Am accepting potable water offerings from another local water agency that has legal rights to local water, and pursuing an expansion of the “Pure Water Monterey” recycled water project that is already under constructi­on. These alternativ­es would be much more affordable and sustainabl­e.

Will the state stay true to its stated policies of local control, protecting coastlines from industrial developmen­t, and promoting better management of scarce groundwate­r? Cal Am’s proposal is now going through the review and approval process before the California Public Utilities Commission, which is the lead oversight agency on this project.

This review is not just about the siting of a desalinati­on plant. This is a significan­t water conflict that will test the durability of the Sustainabl­e Groundwate­r Management Act — setting either a good or bad precedent that surely will inform future water decisions statewide, for better or worse.

 ?? Steve Zmack Photograph­y 2008 ?? California American wants to drill slant wells under the city of Marina in Monterey County.
Steve Zmack Photograph­y 2008 California American wants to drill slant wells under the city of Marina in Monterey County.
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