Flowing North

Local water board's challenge of state's cease-and-desist order moves from Monterey to Santa Clara county.

Friday, March 5, 2010

We're shipping our water problems north.

Monterey Peninsula Water Management District's lawsuit against the State Water Resources Control Board is moving from Monterey County Superior Court, where Judge Kay Kingsley was presiding, to Santa Clara County.

“That is physically happening. The boxes are being moved up there," says MPWMD General Manager Darby Fuerst.

The lawsuit challenges SWRCB's October 2009 cease-and-desist order against California American Water, which incrementally ratchets back the Peninsula's water supply to reduce illegal overpumping from the Carmel River.

MPWMD has appealed the change of courthouses.

“At this point there’s a disconnect because our challenge is in Santa Clara and Cal Am’s right now is in Monterey County,” Fuerst says, refering to a similar lawsuit filed by California American Water. He expects the Attorney General to determine whether the two cases will be consolidated.

So far, all of the court activity has been on MPWMD's case. In November, Judge Kingsley froze implementation of the cease-and-desist order while the district's lawsuit is pending. Cal Am's suit has not had its first hearing.

The first court date in Santa Clara is scheduled for April 22, and a case management conference is set for July 6, according to the Santa Clara County Superior Court website.