LET WATER DISTRICTS HELP HURTING FARMERS
For years, farmers in North County have warned they are imperiled by the high rates they have to pay the San Diego County Water Authority. Concerns are particularly acute among avocado growers within the Rainbow Municipal Water District and Fallbrook Public Utility District, where about 600 growers produce about 10 percent of the state’s crop on 5,300 acres. “Agriculture’s dying in the North County,” Rainbow Municipal Water District General Manager Tom Kennedy said in April.
But Rainbow and Fallbrook officials — because their already-built infrastructure is also connected to the Eastern Metropolitan Water District in Riverside County — have an option to readily change water providers to a significantly cheaper supplier, an option not available to districts without such connections. They pursued it at the behest of their farmers. And last month, the San Diego County Local Agency Formation Commission, or LAFCO, which is tasked under state law with approving and managing changes to local jurisdictions, voted 5-3 to authorize the switch if voters within the two districts’ borders ratify the decision. This would affect about 79,000 acres and 59,000 people. Michael Hanemann, an emeritus professor at UC Berkeley who is one of the leading authorities on agricultural economics, was hired by LAFCO to independently evaluate what would be an appropriate exit fee for the districts to pay the county water authority to cover costs related to the departure. LAFCO accepted his recommendation of $24.3 million over five years.
Now, though, some local elected leaders — most prominently San Diego Mayor Todd Gloria — are rallying behind new legislation — Assembly Bill 399 by Assemblymember Tasha Boerner, D-Encinitas — that would modify state law and block the districts’ exits unless they were also agreed to by voters in all county water authority service areas. Their prime objection is to the fact that the change would force remaining water authority customers to pay more for water — LAFCO staff ’s estimate is an additional $2.20 per household per month. In interviews in recent days, Boerner and Nick Serrano — county water authority board vice chair and deputy chief of staff to Gloria — have said they are motivated by the need to protect constituents from the two districts exploiting a loophole that would allow them to escape paying their share of long-term infrastructure commitments and debt obligations that they agreed to as member agencies of the water authority. Bill advocates also worry that the agencies’ exits would slightly minimize the voting clout the county water authority had on the board of the giant Metropolitan Water District of Southern California, which provides water for 19 million people. MWD policy proposals often pass or fail on narrow margins.
These arguments are legitimate. But advocates also maintain — without hard evidence — that Rainbow’s and Fallbrook’s departure could trigger copy-cat moves by agencies that don’t have infrastructure in place. To his credit, Serrano says he wishes the water authority had taken farmers’ concerns more seriously in the years leading up to the LAFCO vote. But he and other supporters bristle at the notion that this is a David-and-Goliath struggle in which underdogs are taking on powerful interests. On Wednesday, Serrano said his main goal was expanding democracy by letting county residents have input on a decision that would affect them financially. These rules have existed for decades, though. Changing them now is akin to changing the rules of a football game at the two-minute warning.
It’s dubious to suggest Rainbow and Fallbook are getting a sweetheart deal since they would pay exit fees recommended by a distinguished, independent expert. It’s more dubious to characterize long-established LAFCO provisions as loopholes.
Because of the circumstances of its introduction, AB 399 would only advance to Gov. Gavin Newsom if it receives two-thirds support in both the Assembly and the Senate. It would be a shame if the legislation gets that far. That would be a triumph for hardball politics — not expanded democracy — and one more blow to two reeling farming communities.