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Salinas Valley Water Coalition Reply Brief a.12!04!019

Salinas Valley Water Coalition Reply Brief a.12!04!019

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Published by L. A. Paterson

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Published by: L. A. Paterson on Aug 04, 2012
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12/25/2013

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BEFORETHEPUBLICUTILITIESCOMMISSIONOFTHESTATEOFCALIFORNIA
Application of California-American Water Company (U210W) for Approval of theMonterey Peninsula Water Supply Project andAuthorization to Recover All Present and FutureCosts in RatesApplication 12-04-019(Filed April 23, 2012)
REPLY BRIEF OF THESALINAS VALLEY WATER COALITIONON LEGAL ISSUES
 Nancy Isakson, PresidentSalinas Valley Water CoalitionPO Drawer 2670Greenfield, Ca 93927Telephone: (831) 224-2879Facsimile: (831) 886-1528Email:
 nisakson@mbay.net
July 25, 2012
F I L E D
07-25-1204:59 PM
 
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BEFORETHEPUBLICUTILITIESCOMMISSIONOFTHESTATEOFCALIFORNIA
Application of California-American Water Company (U210W) for Approval of theMonterey Peninsula Water Supply Project andAuthorization to Recover All Present and FutureCosts in RatesApplication 12-04-019(Filed April 23, 2012)
REPLY BRIEF OFTHE SALINAS VALLEY WATER COALITIONON LEGAL ISSUESI.Introduction
The Salinas Valley Water Coalition (SVWC) submits the following inresponse to the Administrative Law Judge’s Ruling of June 1, 2012, invitingreply briefs on the Legal Issues That Warrant Early Resolution.
II.Groundwater Rights
The SVWC joins in the Reply Brief of LandWatch MontereyCountyRegarding Groundwater Rights, dated July 25, 2012, to the extent itsdiscussion relates to overdraft of the native safe yield of the Salinas ValleyGroundwater Basin (Basin), and agrees that there is no surplus water in theBasin available for appropriation by Cal-Am.
 
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However, as stated in the SVWC’s Pre-hearing Conference Statement,dated June 4, 2012, the Basin’s groundwater has been augmented by the Nacimento Reservoir, the San Antonio Reservoir, Castroville Seawater Intrusion Project, the Salinas Valley Reclamation Project, and the SalinasValley Water Project; which enhancement(s) are dedicated to the SalinasValley Basin residents, businesses and landowners who paid for these projects. That water is dedicated to these residents, businesses andlandowners and is not available for appropriation by Cal-Am.
III.Rights to the Groundwater Replenishment Water
:
As part of their application, Cal-Am includes a component that relieson groundwater replenishment (GWR) from the Monterey RegionalPollution Control Agency’s (PCA) reclaimed water plant. The success of the GWR is dependenton the PCA having secure, stable, and adequaterights to the wastewater needed for the GWR.As indicated in the Opening Brief of the Monterey Regional Water Pollution Control Agency (PCA), dated July 11, 2012, there are manyagreements, often overlapping, among various parties, that establish andallocate the rights associated with the tertiary treatment plant. To date, therehas not been a reconciliation of the various agreements and the associatedrights held by the various parties.The July 11, 2012 Opening Brief of the PCA was the first opportunitythe public has had to review PCA’s attempt at a reconciliation of theagreements.We thank them for this opportunity, but must disagree withtheir conclusions. There may be adequate water available for a GWR 

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