SAVE THE DRAGON
LITIGATION UPDATE JANUARY 20th 2019
NRWMAC TAKES ON MONTEREY COUNTY
OVER MISMANAGEMENT OF LAKE NACIMIENTO RESERVOIR
On January 15, 2019, the Nacimiento Regional Water Management Advisory Committee (NRWMAC) filed a lawsuit against Monterey County, the Monterey County Board of Supervisors, the Monterey County Water Resources Agency (MCWRA), et al., in San Luis Obispo County Superior Court. The suit alleges that the defendants violated their obligation to operate Lake Nacimiento Reservoir in such a way so as to provide sufficient water levels for recreation. The suit further alleges the defendants did not provide all the documents responsive to a Public Records Act request concerning communications and court filings related to the lake. And the suit seeks injunctive relief to prevent the defendants from continuing to release more water than it is allowed to under permits issued by the California State Water Resources Control Board (State Water Board). NRWMAC alleges that property owners have been damaged in an amount not less than $120 million, a figure that is based on an economic analysis considering multiple factors. To the extent that the $120 million is recovered, it would be distributed amongst NRWMAC’s constituents whose property values have been diminished by the loss of recreation on the lake.
The lawsuit may be reviewed on NRWMAC’s website http://nrwmac.org/knowledge-base
Also, on January 18, 2019, NRWMAC lodged a complaint with the California Environmental Protection Agency (Cal EPA) alleging that MCWRA diverted more water from Lake Nacimiento than permitted by the State of California, which limits withdrawal of water from the lake to 180,000 acre-feet per year. Based on publicly available data, it appears that 184,626 acre-feet was released from the lake during the period from October 1, 2017 through September 31, 2018. This amounts to 4,626 acre-feet more than was allowed. The complaint further alleges that the reduction in the level of water in the reservoir has adversely affected the quality of the water for domestic use.
The State Water Board – Division of Water Rights, the State Water Board – Division of Drinking Water, and the State of California Central Coast Regional Water Quality Control Board are currently investigating NRWMAC’s complaint to Cal EPA.
NRWMAC will provide updates during the pendency of the lawsuit and the investigation of the environmental complaints.
If you value your recreation, water quality, way of life and property values, please donate to NRWMAC’s GoFundMe campaign today – even if you have previously donated. If you prefer you can privately donate using the nrwmac.org link below, or mail a check to NRWMAC at P.O. Box 398, Paso Robles, CA 93447.
Now more than ever your donation will make a difference. Please share this with your friends, family and anyone you know that uses or cares about the lake, wildlife, and future of the lake.
Please donate today, using
GoFundMe: GoFundMe Link
Private donations: nrwmac.org/donate/
Thank you for your continued support.
– Links to more documents and the NRWMAC Legal Actions can be found here : NRWMAC Knowledge Base