San Diego water ruling upheld
A judge has upheld his tentative ruling in favor of the San Diego County Water Authority in its multimillion-dollar lawsuit against the Metropolitan Water District of Southern California.
San Francisco Superior Court Judge Curtis E.A. Karnow last week affirmed his July ruling that the MWD owes the San Diego district $188.3 million plus interest for overcharging it for water brought to San Diego under a purchase agreement with the Imperial Irrigation District.
The MWD plans to appeal.
The water deal with Imperial Irrigation District involves the San Diego County district buying some of Imperial’s mammoth share of Colorado River water in order to decrease its dependence on the MWD.
To transport the water, San Diego needed to use the MWD’s Colorado Aqueduct. The lawsuit involved San Diego’s assertion that the MWD overcharged for that service.
Karnow ruled that the Metropolitan Water District was violating Proposition 26, passed by voters in 2010, which limited the amount the government can charge to the actual cost of the service being provided.
In a secondary issue, Karnow also agreed with San Diego that the MWD has under-calculated its “preferential rights” to buy water during a shortage.
Even as they declared victory, San Diego officials anticipated further disputes with the MWD.
“We will continue to need support from civic and business groups as we fight MWD’s expected appeals and new strategies to overcharge this region,” said Mark Weston, chairman of the San Diego County Water Authority’s board of directors.