SAVE THE DRAGON
LITIGATION UPDATE NOVEMBER 13th 2018
On September 19th, the Monterey Court denied NRWMAC from entering the existing lawsuit. This should have been an easy task to accomplish as the requirement to intervene in an existing lawsuit is simply to show we had an interest in the outcome., and we obviously do have that interest. However, to make sure we had all our bases covered, we also included a few defendants that have water rights from the lake and have pipes in the lake as their sole source of water. The court refused our state requested intervention. In short, we got hometowned by Monterey.
We have fought back by filing an appeal with the California State Water Board circumventing the court and then additionally we are preparing to file our own lawsuit against Monterey in San Luis Obispo court. The suit we are filing in the next few weeks is for the mismanagement of the water and Monterey’s refusal to follow their water management agreement with the State. This management agreement requires them to balance recreation with the other needs for water releases.
We are making great headway with our expert attorneys, have done exhaustive research and are confident we have a path to success to make Monterey County change their lake operations procedure to better support recreation and keep water levels at acceptable levels.
To fund this lawsuit, NRWMAC created this GoFundMe page, and NRWMAC board members donated $15k to start the fund. To date, approximately 400 people of the 6,500 people around the lake, have donated, and legal fees to date have cost almost half of the money that has been raised so far.
The new lawsuit will be filed in San Luis Obispo Court in a couple of weeks, and we are anticipating Monterey to fight this action as hard as they can, and our attorney’s have estimated the cost of this battle in the courts to reach as much as $500,000. As a result we are forced to update our GoFundMe goal to match this amount.
The NRWMAC board has been discussing the unimaginable reality of the situation. The organization exists to protect the interests of over 6,500 residences around the lake as well as the businesses that benefit from those residences and lake users.
Monterey’s actions are destroying our lake use, our property values, and even the wildlife that generates from the lake. In one year Monterey drained Lake Nacimiento from a water elevation of 100% full to 10% left and many areas are dry lake bed. That is mismanagement at best! Its been represented by many realtors in the area that if Monterey County actions aren’t stopped the property values could drop 25% in the next few years. Property values around the lake have already started dropping, and one only needs to drive around the area observe all the for sale signs of homes that aren’t selling.
Here’s the point… NRWMAC cannot be effective against Monterey without litigation. And litigation requires major financial support by the land owners and businesses affected around the lake. However, over 90% of these people haven’t provided any financial support to help themselves.
So why are we doing what we’re doing? The reality is that the lawsuit is being filed in your behalf, there is a long way to go with it, and Monterey has attorneys and money to fight with… and we need your support. If we don’t get contributions immediately, we will be forced to shut down the litigation and the 6,500 people around the lake will no longer have any representation. Nacimiento water will be used/abused as Monterey sees fit. There will no longer be any coordinated resistance against Monterey.
Property owners and Lake enthusiasts will be left to fend for themselves against Monterey County.
People waiting to see if their donation will make a difference, I can tell you, now is the time if you value your recreation, way of life and property values. Later may not exist. We must decide if we want to protect our property values, lake life and the wildlife that goes with it or if we prefer dust/mud, dirt bikes, a dead lake, and lower property values.
Please donate today, using GoFundMe, or if you prefer you can privately donate using the nrwmac.org link below, or mail a check to NRWMAC at PO Box 398, Paso Robles, CA 93447.
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