Court Rejects Marina Coast Water District's Appeal
April 6, 2011
The lawsuit filed by Ag Land Trust objecting to the regional water project will proceed, ruled the 6th District Court of Appeal on Wednesday. The lawsuit, filed in April of last year against Marina Coast Water District, contends the proposed desalination plant was not subjected to rigorous environmental approval in the environmental impact review prepared by the Public Utilities Commission, would violate a law protecting groundwater and and would use water that the district does not have rights to.
The water district first filed to get the case dismissed last summer. After Monterey County Superior Court Judge Lydia Villarreal denied the dismissal, the district appealed her decision in September. Now that the court of appeal has summarily denied the water district's request to throw out the case, it's set to go to trial September 29 in the county.
The water district is one of three entities presiding over the regional water project; Cal Am and the Monterey County Water Resources Agency are also party to the project. The environmental impact review in question considered two proposals for a regional water supply that Cal Am would manage alone; the third proposal included both public utilities and was ultimately chosen.