SAVE THE DRAGON
LITIGATION UPDATE April 2021
NRWMAC vs Monterey County
This past year has been a struggle for all. Lake Nacimiento is a go-to haven for locals as well as visitors and more than ever we need our lake to be thriving. Although spring has arrived, the rain from this last winter wasn’t adequate to bring the lake level back to where we need it to be. Now, to make matters worse — Monterey County has started large releases of water again!
We Need Proper Water Management RIGHT NOW!
The NRWMAC lawsuit moved ahead throughout 2020 and in recent months, and we held off several attempts by Monterey to crush our legal team’s efforts. Monterey failed in its demurrer (a response in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not sufficient grounds to justify legal action) in two causes of action: 1) breach of contract, and 2) violating the state permit to operate the dam. These are major points NRWMAC is emphasizing in its lawsuit against Monterey.
Monterey succeeded in forcing us to amend our complaint on some of our other causes of action. For example, the court sustained Monterey’s objection to our cause of action for inverse condemnation (entitles property owners to just compensation if their property is damaged by a public use), on the grounds that: 1) NRWMAC “lacked standing,” and 2) there was no “taking of property.”
These components are vital in our lawsuit, so in order to cure the “standing” deficiency, NRWMAC added three named plaintiffs to our second amended complaint to show their “loss” of property.
We filed our second amended complaint on March 29, 2021, in response to Monterey’s demurrer, with the aim of preserving all five of our causes of action going forward. We are currently waiting for Monterey to either answer our complaint or demur to it again. If Monterey merely answers, then we advance to court with all causes of action preserved. If they demur, we will go back to court for another hearing on our respective arguments.
We have weathered the storm in court so far, we’ve made good headway in pursuing our case, and we’re at the tipping point of success. We need your help to make this success a reality.
We Need Your Support
Shortly, we will be back in court fighting the major battle with Monterey. It’s very costly to fund our hardworking legal team. Now more than ever, we need you to support NRWMAC’s efforts on your behalf. We urgently need an influx of dollar donations at this time.
The links below will take you directly to GoFundMe or PayPal Private Donation sites to conveniently make a donation. If you prefer to write a check, please make it out to NRWMAC and mail to: NRWMAC, PO BOX 398, Paso Robles, CA 93447
2A NRWMAC representative attends all the Monterey County Reservoir Operations Committee meetings (“RESOPS”) to ensure that its constituents’ voices are heard. (NRWMAC has a seat on the RESOPS board as a result of a prior lawsuit against Monterey County.) Members of the NRWMAC Board of Directors conduct outreach meetings and have participated in media interviews in order to apprise the public of developments concerning the lake. And it has filed lawsuits and complaints with state regulatory agencies to protect the lake and its constituents.]
Thank you for your continued support.
– Links to more documents and the NRWMAC Legal Actions can be found here : NRWMAC Knowledge Base