Complaint Against BCVWD Board for Illegally Issuing Will-Serve Letters
“Sufficient water supply” means the total water supplies available within a 20-year projection.
State Water Quality Control Board
1001 I St.
Complaint Against Beaumont-Cherry Valley Water District For Illegal Issuance Of ‘Will-Serve’ Letters Without Water Supply As Required By State Law.
I am requesting the State Water Quality Control Board Stop the Beaumont-Cherry Valley Water District Board from continuing to illegally Issue Will-Serve Letters without a 20-year Water Supply.
California Government Code 66473.7 (2) “Sufficient water supply” means the total water supplies available during normal, single-dry, and multiple-dry years within a 20-year projection that will meet the projected demand associated with the proposed subdivision, in addition to existing and planned future uses, including, but not limited to, agricultural and industrial uses.
California State Law requires Water Districts to guarantee a 20 year supply of potable water BEFORE they issue a Will-Serve Letter agreeing to provide water service.
In 1993 the City of Beaumont and the Beaumont-Cherry Valley Water District made an Agreement in which the Water District would provide the City with ‘Unlimited Will-Serve Letters’ and the City would provide the Water District with Title 22 Compliant Recycled Water.
It was never legal for the Water District to approve Will-Serve Letters without a secured 20 year supply of water.
In 2001 STWMA was formed as a Joint Powers Authority. At the time the Beaumont Basin was in Overdraft with Safe Yield at 8,650 Acre-Feet/Year.
On February 4, 2004, STWMA filed with the Riverside County Superior Court an Adjudication for Groundwater Rights in the Beaumont Basin.
STWMA sued the City of Beaumont and everyone that had Water Rights to Overdraft the Beaumont Basin. Water Rights belong to the Property Owner, not the government. A Joint Powers Authority has no water rights and can not sue themselves for water rights.
The Adjudication ended in 2014. The Safe Yield for the Beaumont Basin is now 6,700 Acre-Feet/Year, a drastic reduction from the 2004 Safe Yield of 8,650 Acre-Feet/Year.
Of that 6,700 Acre-Feet/Year; the Beaumont-Cherry Valley Water District is entitled to 42.51%, or 2,848.17 Acre-Feet/Year. However, the Beaumont-Cherry Valley Water District is using triple that amount.
At the October 12, 2016 Water Board Meeting San Gorgonio Pass Water Agency Manager Jeff Davis promised to secure additional water from Northern California. Davis was scheduled to return to the Beaumont-Cherry Valley Water Board Meeting in January and March with verification of additional secured State Water, but Jeff Davis never returned.
Davis stated: “Nickel Water at 513 acre/feet at 100% and about 1,500 acre/feet potentially available at a 60% reliability.”
At the time of Davis’ statement there was no Nickel Water available to purchase.
Later that night at the same October 12, 2016 Water Board Meeting, District Manager Eric Fraser told his Board:
“The local water supplies have been fully exhausted – a long time ago. About 2/3’s of our water supply is dependent upon imported water right now. We serve about 13,000+ acre feet and out of that about 8,000 or 9,000 acre feet come out of the Beaumont Basin right now.”
After Fraser’s statement the Water Board Issued another 1,800 Will-Serve Letters. TO THIS DAY the Beaumont-Cherry Valley Water District Board continues to issued Will-Serve Letters without a 20 year or even a 10 year supply of water.
Citizens are purchasing houses and Banks are giving loans with 30 year mortgages based on the assumption of an adequate water supply. BCVWD Legal Counsel James Markman refuses to advise the Water Board of their legal obligations to comply with State Law.
I am requesting the State Water Quality Control Board use their powers as a Regulatory Agency to Stop the Beaumont-Cherry Valley Water District Board from continuing to illegally Issue Will-Serve Letters without a 20-year Water Supply.
Beaumont Sewer Connections:
Single Family Residential: 16,221
Landscape Irrigation: 328
Multi-Family Residential: 141
Agricultural Irrigation: 89
TOTAL CONNECTIONS: 17,429