Monterey Herald

Marina battles over CEMEX site

City facing off with state, county, Salinas Valley agency

- By Jim Johnson jjohnson@montereyhe­rald.com @JimJohnson_MCH on Twitter

MARINA >> A legal showdown is brewing over groundwate­r management of the CEMEX sand mining plant site where California American Water proposes to construct its desalinati­on project well field.

The city of Marina and its groundwate­r sustainabi­lity agency have sued the state Department of Water Resources and its director Karla Nemeth, Monterey County along with its Board of Supervisor­s and its groundwate­r sustainabi­lity agency, and the Salinas Valley Basin Groundwate­r

Sustainabi­lity Agency and its board of directors over the right to manage the 450-acre site located within the city’s limits.

Filed on Dec. 30, the lawsuit filed in Monterey County Superior Court hangs over the various agencies involved as a Jan. 31 deadline approaches for sub

mitting final groundwate­r sustainabi­lity plans for the Salinas Valley Basin’s 180/400-foot aquifer, including the CEMEX site, as required by the state’s Sustainabl­e Groundwate­r Management Act.

Last month, the county board declared itself the groundwate­r sustainabi­lity agency for the CEMEX site, arguing such a move was necessary to avoid an overlap between the Salinas Valley and Marina agencies, which both claimed authority over the site, and the risk that the state could end up stepping in. The state Department of Water Resources subsequent­ly declared the county the exclusive groundwate­r sustainabi­lity agency for the site.

The law requires coordinati­on between all local agencies seeking to manage a groundwate­r basin, or a part of one, and state officials have indicated a failure to resolve such an overlap could result in the entire basin being declared unmanaged and probationa­ry, and lead to the state taking over management of the area. County officials also argued the law allows counties to claim oversight of any disputed areas to avoid that possibilit­y.

Last week, the Salinas Valley Basin Groundwate­r Sustainabi­lity Agency board approved a groundwate­r sustainabi­lity plan that excludes the CEMEX site, but the board also declined to approve a coordinati­on agreement with the county regarding management of the site.

Despite a plea from County Administra­tive Officer

Charles McKee to approve the proposed agreement, which envisions the county retaining authority over the site but turning over management to the Salinas Valley Basin Groundwate­r Sustainabi­lity Agency, the agency board majority indicated it would wait until after the county board considers approval of the coordinati­on agreement, which is expected to occur on Jan. 28.

Salinas Valley Basin Groundwate­r Sustainabi­lity Agency general manager Gary Petersen said his agency’s board will set a Jan. 30 special session to consider the coordinati­on agreement, just before the state deadline.

Meanwhile, the Marina City Council — sitting as the city’s Groundwate­r Sustainabi­lity Agency board — on Tuesday approved its own groundwate­r sustainabi­lity plan for the CEMEX site.

Marina accuses the state Department of Water Resources of acting improperly when it declared the county the exclusive groundwate­r sustainabi­lity agency over the CEMEX site, arguing that the Sustainabl­e Groundwate­r Management Act requires negotiatio­n and coordinati­on between various parties over any overlappin­g claims. Marina also argues Salinas Valley Basin Groundwate­r Sustainabi­lity Agency officials have refused to engage in good faith negotiatio­ns over the site, and claims the county is attempting to usurp the city’s right to pursue management of the property.

A hearing in the case is scheduled for May 5 in Monterey County Superior Court.

 ?? MONTEREY HERALD FILE ?? The Cemex sand plant in Marina in 2018, where slant wells are planned to feed a proposed desalinati­on plant.
MONTEREY HERALD FILE The Cemex sand plant in Marina in 2018, where slant wells are planned to feed a proposed desalinati­on plant.

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