As Pardee Home’s Lawyer Displayed in a Letter to the Water District; The Developers Have No Legal Grounds.
On June 8, 2016 the Beaumont-Cherry Valley Water District Agenda Item 9 proposed a Resolution establishing the Process for the Acquisition of Imported Water from the San Gorgonio Pass Water Agency for New Water Connections.
Because the Beaumont Basin has been in Overdraft for over a decade and water supplies are low the Water District wants to require the Developers to acquire imported water from the State.
The San Gorgonio Pass Water Agency claimed that they would be able to supply the Pass Area with Imported Water, so the BCV Water District wants the Developers to acquire their imported water from the Pass Water Agency for all new water connections – even if they have a ‘will-serve’ letter.
Michael L. Tidus, from the Law Firm of Jackson Titdus, wrote a letter to the BCV Water District on behalf of Pardee Homes citing the following reasons why Pardee Homes wants the Water District to deny the Resolution:
1. Approval of the Resolution Would Constitute a Development Moratorium.
“Resolution wold force developers to wait for the Pass Agency to collect sufficient funds from all developers to obtain certain new water entitlements before development can occur, with no assurance that such actions are feasible or will ever be taken.”
That’s right; there is no assurance that the Pass Agency can secure the 30-year water supply that is needed to provide water to the home with a 30-year mortgage. State Law REQUIRES the Water District to have a 30-year water supply for each new connection.
2. There Are No Findings Nor Evidence to Support The Moratorium Imposed By the Resolution.
“There are no findings that any new connections will threaten water supplies, or that existing water supplies will run short.”
There is nothing but evidence that because the Beaumont Basin has been in Overdraft for over a Decade there is only a 2-3 year supply of water remaining for current rate-payers.
3. The Resolution is Vague and Problematic Because a Developer Has No Right To Force The Pass Agency to Take Any Specific Action.
The Developer can threaten to sue the Pass Water Agency for failure to supply water that doesn’t exists – that should work out for them.
4. The Resolution Would Reduce Investment in the Development of Local Water Supplies.
“The Resolution would have the effect of prohibiting investment in the development of local water supplies. For example, even if a developer funds a new source of water, such as recycled water, it still would be required to fund the Pass Agency’s acquisition of new rights.”
No little princess, the developers can ‘invest’ in all the local water supplies they want; they just can’t use Federal Municipal Bond Money to pay for THEIR investment.
5. The District Has Already Concluded That There is Enough Water To Serve Pardee’s Projects.
“Pardee’s Projects were already considered by the District’s Urban Water Management Plan Update dated July, 2013.”
We all remember 2013; the ‘good o days’ before the State declared an Official Drought and Beaumont was still proclaiming that they had built a ‘state of the art’ recycled water facility.
6. The Will-Serve Letter for Pardee’s Projects Can Not Be Rescinded.
“The District’s will-serve letters for Pardee’s Projects only require that Pardee pay the District’s Fees. There are no other requirements.”
Yes there are ‘other requirements’. There is a ‘requirement’ of a 30-year water supply for every home that is just as much Pardee’s responsibly as it is the Water District’s.
7. If Adopted, The Resolution Must Exempt Pardee’s Projects Because They Have Already Been Grandfathered To Obtain Water Connections From The District.
“In 2014, the District passed Resolution 2014-05, that recognized Pardee’s substantial interest to secure future water supplies and infrastructure.”
So go secure your ‘future water supply’ from the Pass Water Agency.
8. No Findings Or Evidence Support The Recession of Resolution 2014-05.
“The Resolution cannot have such findings or evidence because Pardee, inter alia, has already paid more than $3 Million in Capacity Fees, and even more money in building the regional infrastructure.”
The District has ‘capacity’, but there is no water.
9. The Resolution Violates Pardee’s Constitutional Rights.
“The Resolution impairs Pardee’s rights, and takes its property without due process of law by not allowing Pardee to continue developing its Projects.”
Take YOUR property – what you talk’n about Pardee?
Pardee Homes is a development company. They do not own the land they are developing nor do they have ‘rights’ that supersede the rights of 50,000 Residents of the Pass Area that are dependent on the Beaumont Basin for a their water supply. Pardee also has no ‘right’ to sell homes KNOWING that there is not an adequate water supply – that’s Fraud.
10. The District Must Consult With The City Before Adopting The Resolution.
“This will have significant impact to the City, both financially and environmentally, due to the halting of development.”
Too bad for the City of Beaumont that their Staff and Council are stupid enough to base their Budget on an illegal construction/municipal bond scam, but that’s not the District’s problem.
In conclusion; can Pardee Homes sue the Water District if they pass this Resolution?
Sure they can, but it would be a waste of money and the lawsuit would be thrown out of Court. The developer does not have ‘the right’ to endanger the lives of others to make a quick buck.
But more importantly; Pardee Homes will not file a lawsuit on the Water District or the City of Beaumont because a lawsuit would expose Pardee Homes’ illegal deal with Beaumont to commit federal municipal bond fraud, the fact that Pardee Homes is building houses without an adequate water supply, recycled water, with materials that do not meet State Standards, and the houses are getting phony inspections by Beaumont’s ‘finest’.