Monday, 29 March 2010 01:47

EBMUD Granted Change of Venue in 2040 Plan Lawsuit

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slide1-ebmud_granted_change_of_venue_in_2040_plan_lawsuit.pngAmador County - The East Bay Municipal Utility District has succeeded in a change of venue to transfer a lawsuit brought in part by the Foothill Conservancy down to Sacramento. In a hearing on March 12, Amador County Superior Judge Susan Harlan agreed to the change of venue based on a technical statute that focuses on where an agency is situated, according to a release from the Foothill Conservancy. The Foothill Conservancy filed a lawsuit last year that alleges CEQA violations occurred when the mammoth water utility district approved its 2040 Water Supply Management Plan, which includes a proposed expansion of the Pardee Reservoir on the Mokelumne River. The Conservancy is joined in the suit by Friends of the River and California Sportfishing Protection Alliance. According to Chris Wright of the Foothill Conservancy, “EBMUD claims they’re ‘situated’ only in Alameda and Contra Costa counties, and says they’re not a part of our community.” EBMUD is headquartered in Oakland and provides water and sewage treatment for customers throughout the East Bay. The company has a long history of local water agreements under which it is allowed to add to its supply from local water sources like the Mokelumne River. “They have a huge presence in our county: They own thousands of acres of land and reservoirs and two massive dams with powerhouses. They employ local residents. They sponsor recreation activities and provide recreational facilities. They lease land and facilities to local businesses and run two mobile home parks. They cosponsor local events. They’re part of a joint powers authority with Amador County and the Amador Water Agency. They can overrule county ordinances on their land. They even belong to the Amador County Chamber of Commerce. They can only serve their ratepayers by using resources from our county. It’s ridiculous for them to claim they’re not situated here. But that’s what they did,” said Wright. The Foothill Conservancy and other opponents of the 2040 plan were unsuccessful in an attempt to stop its approval last October. This email address is being protected from spambots. You need JavaScript enabled to view it.
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