Marina battles over CEMEX site
City facing off with state, county, Salinas Valley agency
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.