CVIndependent

Sun12082019

Last updateTue, 18 Sep 2018 1pm

On Sept. 27, the Environmental Working Group—a self-described nonprofit, nonpartisan organization dedicated to protecting human health and the environment, based in Washington, D.C.—released a report titled, “Toxic ‘Forever Chemicals’ Detected in Drinking Water Supplies Across California.”

The lead paragraph in that report states, “Drinking water sources for 74 community water systems serving 7.5 million Californians are contaminated with the highly toxic fluorinated chemicals called PFAS, according to an Environmental Working Group review of the latest state data.” We reviewed the report, which found that the water supplies managed by both the Desert Water Agency (serving most of the western end of the Coachella Valley) and the Coachella Valley Water District (serving a large portion of the central and eastern valley) tested positive for some levels of PFAS chemical compounds. In the case of the DWA, the test results referenced a maximum PFAS test result of 70.2 ppt (parts per trillion), but in one well only. One CVWD well returned a reading of 5.2 ppt.

The report, with the alarmist headline, gained a fair amount of media coverage.

However, reading beyond the headline, we found this: “The water systems conducted the tests between 2013, when the EPA ordered one-time nationwide sampling for PFAS, and this year, as the state moves toward establishing its own health advisory levels for the two PFAS compounds covered by the EPA’s advisory. EWG’s list shows not the current level of contamination in customers’ tap water, but rather the extent of contamination in drinking water sources identified since 2013. Maximum detection levels reported to the California State Water Resources Control Board and the EPA are a snapshot of what was in the water when it was tested, not necessarily what is coming out of taps now.”

That’s a relief. Or is it? Why the alarmist headline?

“We heard about the EWG report … but they do this every year,” said Ashley Metzger, outreach and conservation manager at the DWA, in a phone interview. “Some of the standards that they include on their site are actual real federal and state standards (for allowable contaminant levels in drinking water). Other standards that they include are ones that they make up. So we’re always kind of leery and looking out for it to make sure that (their reports are) appropriate and fact-based, and if they used their own standard, they’re clear about it. It can be pretty misleading to folks.”

What did Metzger have to say about that DWA well reading cited in the report?

“I know that we had an issue with one of our samples at Well 26, where it was registering a read,” Metzger said. “In two following tests, we were ‘non-detect.’ There’s a provision in the sampling guidance from the (California State Water Resources Control Board) Division of Drinking Water that indicates if you take two additional samples that don’t show the presence of the chemical, then they’ll disregard the original sample.”

Metzger added: “When you’re talking parts per trillion, that’s very, very, very minute traces—and you’re talking about a very ubiquitous substance. You know, those (chemicals) are present in a lot of different materials that we come into contact with on a daily basis, (like) food wrap, the insides of paper cups sometimes, Teflon pans, Scotchgard repellents, clothing, cosmetics, sunscreen and all sorts of stuff. So samples can sometimes be contaminated. … We don’t know exactly what went wrong (in this case), if it was a false positive or what. We do feel secure that the follow-up results are helpful. We not only did those two follow-ups on that well, but also we did a second … sampling that showed ‘non-detect’ at that well.”

Katie Evans, the director of communications and conservation for the CVWD, pointed out that the EWG is an advocacy group. “When you’re advocating for a cause, what you want to do is bring attention to that cause—and so that’s what they have done … and very well, it seems.”

Evans said the CVWD’s water supplies are safe—and that testing proves it.

“We’re testing for all those PFOS and PFOA chemicals according to our state regulatory requirements,” Evans said. “The state has come out recently with new testing requirements for those specific issues, and so we’ve been testing against those—but we haven’t had a problem. We haven’t exceeded, and so we haven’t had to treat for anything. But if there was, in the event that we exceeded any contaminant level, then we would look at treating the water to bring it into drinking-water standards.”

DWA said the state’s testing requirements have forced water agencies to be proactive.

“We’re not waiting for anything,” she said. “Basically, we have orders from the state of California to conduct this testing, because of the fact that we are close to the airport—and we’ve done the testing. We’re doing testing. We have written documentation from them.”

Evans said the CVWD is constantly testing its water supplies.

“I want to assure people that the drinking water is safe. In our view, the definition of the word ‘safe’ is that it meets all the drinking water standards, both state and federal. CVWD collects water samples every day, 365 days a year.

“It seems that the discussion the EWG wants to have is whether the levels need to be changed, and that’s fine. They’re advocating for that. But CVWD provides drinking water that meets all federal and state standards, and the drinking water is safe. Water quality is a huge, huge priority over here. It’s what we do. We provide drinking water, and it’s not lost on us that the public counts on us to provide them with a safe supply.”

Published in Environment

Local news reports as of late have included alarming updates on a spate of disputes that have cropped up involving local water agencies.

For example, there’s the outrage expressed by the Desert Hot Springs-area’s Mission Springs Water District over what it refers to as the west valley-area Desert Water Agency’s “seizure” of groundwater management.

Or perhaps you saw a headline regarding the Imperial Irrigation District’s concern over the recent legislative action taken by local Assemblymember Chad Mayes (right). His Assembly Bill 854 proposed forcing the IID to expand its board of directors from five to 11 members, with the six new members all coming from Riverside County, whose IID electricity customers pay 60 percent of IID’s power-related revenues. Currently, only Imperial County constituents elect the IID board members, which leaves Riverside County customers with no voice in their power company’s operations.

Then there’s the biggest local water dispute—which began in 2013 with the filing of a lawsuit against the east valley’s Coachella Valley Water District and the Desert Water Agency by the Agua Caliente Band of Cahuilla Indians. The suit claims the tribe possesses “senior water rights” to all the groundwater in the aquifer under the entire Coachella Valley. The tribe has been seeking control over all decisions, policies and groundwater-management strategies that either agency might implement.

Why is this all happening, and why is it happening now? What is causing this hyper-sensitivity among water stakeholders? What does it all mean for residents?


John Soulliere is the Mission Springs Water District’s conservation and public-affairs officer. During a recent phone interview, I asked what led to the recent lawsuit and public attacks against the Desert Water Agency.

“What we’re talking about here is removing the ability from the five elected board members of the Mission Springs Water District to determine how we will develop our local water supply to meet demand and meet (the requirements) of economic development and growth,” he said. “That right was taken away through a unilateral action of the DWA board, and through a somewhat stealth action by the state, to include (the DWA) in a new state law as an exclusive Groundwater Sustainability Agency without notification to the city of Desert Hot Springs or our water agency.”

The “stealth action” Soulliere refers to was taken by the DWA board back in 2015. So why the aggressive posture now—four years after the fact?

“Prior to taking the action they did in 2015, we had a court settlement with DWA and CVWD, who does pump and serve up in our area (as well). That court settlement put the three of us at the table to jointly manage. We spent $1.3 million developing a management plan. Within that plan, MSWD retained its rights to manage its local water supply and to develop the water as it saw fit—within state law, of course. DWA was, and continues to be, the state water contractor. They are here for the purpose of replenishment. We were functioning under that agreement just fine, (but the DWA’s) 2015 action basically threw that settlement off to the side. The management plan that came out of that settlement may still be in play, but the difference now is that we (MSWD) are removed from the governance and the authority. So it was a very divisive and hostile act that they’ve taken to move us out of the equation so that they can make autonomous decisions related to water in our basin.”

Kephyan Sheppard is the pastor at the Word of Life Fellowship Center in Desert Hot Springs, and the chair of the Mission Springs Water District’s Water Rights Study Group, which just issued its final report. I asked him why this issue had taken on such a sense of urgency now, when the action in question took place in 2015.

“Being a pastor in this community, I’ve been hands-on with the residents for seven years, and for the most part, it appeared that many didn’t even know that there was a dispute going on,” Sheppard said. “Recently, in like the last year and a half, people are starting to find out, and there’s a sense of pride and entitlement saying, ‘Keep your hands off our water.’ There’s a growing understanding of what’s at stake.”

I asked him if he could point to any examples of the DWA not fulfilling its responsibilities, or the DWA doing anything harmful to the interests of DHS residents.

“No, not necessarily,” Sheppard said. “The study group was formed because of the unprecedented action taken (by the DWA) without discussion with MSWD, and so for (DHS residents), that was the main thing. I know (Desert Hot Springs) is projected to have an economic and growth boom over the next decade, and I know that water is integral to everything that’s getting ready to take place. So, we need to make sure that we control our water.”

“Our” water? Doesn’t the water the DWA is managing as a Groundwater Sustainability Agency belong to all Coachella Valley residents?

Obviously, the Desert Water Agency views the dispute differently. Ashley Metzger is the outreach and conservation manager of the DWA.

“The Sustainable Groundwater Management Act is a law passed (by the California State Legislature) in 2015,” Metzger said. “We are one of approximately 20 or so agencies statewide that are actually designated by law as exclusive groundwater-management agencies. If you look at the language when we were established in 1961, it was for the purpose of (providing) groundwater replenishment and management. That is part of the reason why we have this exclusive designation. We have the unique ability within our boundaries to provide for both supply and demand management. The MSWD is missing a key part of the equation (replenishment capabilities) if we are not involved. If we are involved, as we have been for decades, then you have both sides of the equation.”

I asked Metzger about Mission Springs’ claim that the Desert Hot Springs agency has been effectively removed from any role in planning for future water-development needs.

“We are and have been a part of the Desert Hot Springs community,” Metzger said. “We have facilities there, and we have the authority to manage the groundwater there by statute. There’s a water-management agreement that’s been in place since 2004. As part of (the Sustainable Groundwater Management Act), you have to submit a plan to the state, and the foundation for that plan was the agreement that MSWD, CVWD and DWA had all signed onto.

“We’re not proposing anything radical. We’re not trying to take any water away. Groups come to our board meetings saying things like, ‘You’re trying to take our hot springs water and provide it in Palm Springs,’ and that’s certainly not true. We’ve been fighting a bit of confusion and misinformation, which has been a challenge. I think our biggest message to people is that we’re planning for the future. That’s a key part of our organizational role. … You know that Palm Springs and Cathedral City are largely built out. So when we talk about planning for growth, we’re thinking about the northern area of our boundary, where there is the most room for growth, which is the DHS area. We’re putting dollars out and committing to spending more money in the future to make all that possible.

“We’ve been communicating with stakeholders in the community and letting them know. I think we may have done ourselves a little bit of a disservice in the past by letting MSWD take the lead on being the face of water in the community out there. So we’re changing our approach, and we’re more active and engaged in the community.”


“Whiskey is for drinking. Water is for fighting over.” This quote—attributed to Mark Twain, although there’s no evidence he actually said it—seems to apply to the Coachella Valley of today. How else might one explain the recent controversy over District 42 Assemblymember Chad Mayes and his AB 854?

Neighboring District 56 Assemblymember Eduardo Garcia (right) recently stepped into the fray, tabling the bill in the Assembly Appropriations Committee (on which he sits), in a successful effort to get the Imperial Irrigation District and the east valley’s Coachella Valley Water District into discussions about “extending the (1934) electricity-service agreement in the Coachella Valley service area.”

The controversial bill was sponsored by Mayes, a Republican, to rectify what some perceive to be an injustice: Some Coachella Valley residents receive their electricity service through the IID, but they are not allowed to vote for any IID board members.

The IID provides no water to Coachella Valley residents, just electricity. This is one reason why Mayes’ call to increase the IID board size from five members to eleven, with the six new members all being from Riverside County (in other words, the Coachella Valley), drew public cries of outrage from multiple directions—including threats that the IID could pull out of the Coachella Valley.

Emmanuel Martinez is the IID’s government affairs specialist.

“The position of the Imperial Irrigation District is that this legislation completely ignores a longstanding relationship and agreement between the CVWD and the IID,” Martinez said during a recent phone interview. “The long and the short of it is that through this contractual relationship, which is the 1934 compromise agreement expiring in 2033, the Coachella Valley was allowed to get water via the IID, and in return, the CVWD leased their power rights to the IID. So, this new legislation proposes to add six new directors to the IID board and is a complete takeover, in our opinion.”

I asked Martinez if it was unfair that Coachella Valley residents had no right to vote on the makeup of the board of the IID, to which they pay their electric bills.

“IID and CVWD are similar agencies in that they are both water districts with competing interests for the same source of water, which is the Colorado River water,” Martinez said. “By virtue of that, this legislation would give double representation to the people of the CVWD, who would vote for CVWD board members and have control of that board, and also vote for IID board members.”

The Independent asked Mayes what prompted him to sponsor AB 854; he responded via email.

“IID has the ability to change utility rates, determine investment in communities, or cut service altogether,” Mayes wrote. “This power over 92,000 disenfranchised voters must be balanced with representation. An individual’s right to a voice in any government exerting powers over them is one of the founding principles of this nation. AB 854 was introduced to honor this fundamental right and extends it to all IID ratepayers.”

We asked Mayes what his next steps would be, now that the bill has been tabled, at least temporarily.

“In order for this bill to pass the Legislature, we must ensure water rights are protected; representation is extended to those currently disenfranchised within IID’s service territory; and there is a strong and dependable public electrical utility in perpetuity in the IID service area,” Mayes wrote. “I’m committed to finding a common ground that both sides can agree on and amending this legislation to reflect that. From day one, I’ve said that IID’s water rights are sacrosanct. I did so publicly, and I did directly to IID. The final version of this bill will not infringe on those rights.”

Assemblymember Garcia, a Democrat, took credit for quelling the tensions raised by AB 854. “Assemblymember Eduardo Garcia Engages to Bring Parties Together for Talks on Future of IID’s Electricity Service in Coachella Valley” was the headline on the press release issued by his office on May 16.

It went on to say: “After speaking with both Imperial Irrigation District and the Coachella Valley Water District, they have both agreed to begin meetings to examine the 1934 agreement and the possibility of extending the electricity service agreement in the Coachella Valley service area. The willingness of parties to come to the table demonstrates good faith efforts on all sides to resolve this matter locally without the need for legislation.”


Last, but certainly not least, is the recent development in the battle between the Agua Caliente Band of Cahuilla Indians and the valley’s water agencies.

The tribe’s suit, seeking power over the groundwater underneath the valley, hit a significant wall in April, when U.S. District Court Judge Jesus Bernal dismissed portions of it because the tribe could not prove it had been significantly harmed.

The Coachella Valley Water District and Desert Water Agency claimed victory in an April 22 statement.

“The Agua Caliente Tribe was not harmed, because it has always had access to as much high-quality water as it needs,” the statement said. “The judge ruled that the tribe does not have standing, the right to pursue a lawsuit against the local public water agencies, Coachella Valley Water District and Desert Water Agency. The only claim remaining in the tribe’s lawsuit is the “narrow issue” of whether the tribe has an ownership interest in storage space for groundwater under its reservation, the court wrote.”

This ruling is as close to a total victory as the water agencies could have hoped to achieve.

“Our top priority is and always has been to protect our groundwater supplies to ensure a sustainable, reliable water future for everyone in the Coachella Valley,” said John Powell Jr., the Coachella Valley Water District’s board president. “We are part of this community, and we are committed to its environmental and economic success.

The statement went on to read: “The water agencies have spent decades ensuring a safe, reliable water supply to all users in the Coachella Valley, including the five tribes in the basin. Both agencies remain committed to long-term water sustainability.”

The Agua Caliente tribe has not said what its next steps will be.

Several days later, the Coachella Valley Water District boasted in an April 30 statement: “An annual analysis of groundwater levels shows significant increases over the past 10 years throughout most of the Coachella Valley.”

The statement discussed studies done on both the Indio and Mission Creek sub-basins, which account for much of the valley’s aquifer. The Indio Sub-basin is located under the vast majority of the Coachella Valley; over the past 10 years, there were increases in groundwater levels between two and 50 feet. There were localized portions of decreased water levels in the range of two to eight feet in the mid-valley area, which will soon benefit from the CVWD’s Palm Desert Replenishment Facility.

Meanwhile, the Mission Creek sub-basin, located under Desert Hot Springs and the unincorporated area of Indio Hills, showed increases in groundwater levels of up to 28.5 feet in most of the area.

So, there you have it: The Coachella Valley’s water supply is in good shape. But don’t expect fights and power struggles over it to end anytime soon.


Coachella Valley Water History Timeline

1918

Coachella Valley Water District (CVWD) is created.

Feb. 14, 1934

Signing of the Agreement of Compromise between the Imperial Irrigation District (IID), the Coachella Valley Water District and the Metropolitan Water District (MWD) governing access to Colorado River water.

1953

Mission Springs Water District (MSWD) is created.

1961

Desert Water Agency (DWA) is created.

2004

An initial MSWD lawsuit against DWA and CVWD is settled requiring the Mission Springs Sub-basin to receive supplemental water from the other two agencies.

May 14, 2013

Lawsuit filed by Agua Caliente Band of Cahuilla Indians against CVWD and DWA seeking groundwater rights, superseding all other water users in the region.

2013

The Mission Creek/Garnet Hill Water Management Plan is adopted by the boards of CVWD, DWA and MSWD.

2014-2015

California State Legislature passes the Sustainable Groundwater Management Act, which takes effect on Jan. 1, 2015; it is amended in 2015.

Nov. 13, 2015

DWA holds board meeting and votes itself to be the groundwater management agency supervising MSWD.

2016

MSWD files suit against DWA opposing designation of DWA as the Groundwater Sustainability Agency over DWA and MSWD boundary areas.

Nov. 27, 2017

The U.S. Supreme Court decides not to review the 9th U.S. Circuit Court of Appeals decision granting superior rights to groundwater to the Agua Caliente tribe.

Feb. 20, 2019

AB 854 introduced by Assemblymember Chad Mayes.

April 19, 2019

U.S. District Court Judge Jesus Bernal dismisses a significant portion of the Agua Caliente’s suit against DWA and CVWD, saying the tribe has not been substantially harmed by the agencies’ actions.

May 16, 2019

Assemblymember Eduardo Garcia issues statement as a member of the Assembly Appropriations Committee placing a hold on AB 854 with the intention of holding negotiations between IID and CVWD.

Published in Local Issues

On March 29, Assemblyman Eduardo Garcia set out to tour multiple mobile home parks and schools in the eastern Coachella Valley—places where there is no reliable access to clean drinking water.

Garcia—the current chair of the Assembly Committee on Water, Parks and Wildlife—was not alone: He was joined by 57 others, including fellow members of the state Legislature; an eight-member complement from the State Water Resources Control Board, led by Chairman E. Joaquin Esquivel; and representatives of the Coachella Valley Water District, including board Vice President Cástulo Estrada, who helped arrange the tour.

“There’s this perception that the issue of accessibility to clean water is only a problem in rural parts of California,” Garcia said later, during a phone interview. “There are clean-drinking-water issues up and down the state, whether you’re in a small or big town, a larger urban city, a rural community or an Indian reservation.

“We were able to demonstrate to members of the Legislature, as well as other stakeholders from the Sacramento area, just how important fixing this statewide issue is, and how it ties in to the water-quality problems we have here in our own backyard in the Coachella Valley.”

Estrada later said the tour was instrumental in showing that a number of Coachella Valley residents still don’t have access to safe drinking water.

“The purpose of the event was not just to highlight the lack of access to safe drinking water across the state, but primarily to highlight the particular needs here in the eastern Coachella Valley,” Estrada said. “I think that was the purpose—and that’s what we did.”

Estrada said it’s important for the Coachella Valley to get state help.

“Two years ago, the conversation started, and it got really heavy, and folks were trying to create a bill to address this issue,” Estrada said. “My concern at that time was that (the legislative effort) was too heavy in trying to address the needs in the San Joaquin Valley. Although they were trying to create a statewide solution and extract revenues from all of California, the highlighted problem was in the Central Valley as it relates to the agricultural contamination of groundwater and the (resulting) high level of nitrates in the water in those areas. So at that time, I started to get more involved with Assemblyman Garcia to make sure that, as this conversation continued in Sacramento, we had a seat at the table, and that folks understood our particular situation here in the eastern Coachella Valley.

Local needs—and solutions—have been summarized and organized in a master plan drawn up by the Disadvantaged Communities Infrastructure Task Force of the Coachella Valley Water District.

“Through the (task force), we’ve been able to work with county departments, local nonprofits, concerned community members, the assemblymember’s office, the congressman’s office and the supervisor’s office,” Estrada said. “Now, this is the story that we tell folks: (Residents of the eastern Coachella Valley) have more than 100 small water systems that are scattered across thousands of acres of mostly agricultural lands. These communities didn’t just pop up yesterday; they’ve been here for decades. They are in rural areas, and they’ve been left to their own devices to understand water, and water quality, and dig their own wells and take ownership of them. But it’s come to a point where these wells are not sustainable, and as a result, there are folks drinking unclean and unsafe water.

“So we created this master plan where we took these 100-plus small water systems scattered across the eastern Coachella Valley and created about 42 projects out of them. … These 42 projects will consolidate all of these mobile home parks and other small water systems that we have identified and make them part of the CVWD infrastructure. We put a rough (cost estimate) on the master plan of about $75 million. So the story we are telling in Sacramento is, ‘Look, we have a master plan. We’ve done the needs assessment, and we need funding in order to execute on these projects.’”

To this end—and to create a fund to help secure safe drinking water statewide—Garcia is sponsoring Assembly Bill 217, the Safe Drinking Water for All Act.

“AB 217 establishes a funding mechanism,” Garcia said. “It’s a combined effort of general-fund money and fees on (the agricultural industry), pesticides (producers and users) and the dairy industry. There will be a public benefit fee for clean water that is paid through the water agencies. As you can imagine, this is a very difficult conversation for folks to have: People will say, ‘I have clean drinking water, so why should I have to help provide clean drinking water for the people who live in Thermal or Mecca? We’ve heard that said time and time again.

“California boasts the fifth-largest economy in the world,” Garcia said. “But in spite of the amount of wealth that exists in the state, there’s still a significant amount of people living under the poverty line. We believe that (on behalf of) those folks, the state needs to address these issues. No one in California should have to go without safe clean drinking water, whether it be at their school or at their home.”

The bill is currently making its way through the Legislature.

“The bill got out of its first committee several weeks ago, and I believe there’s more work that needs to be done on the legislation,” Garcia said. “Specifically, there are the questions of oversight and accountability of funds—where they go, and how they get used. If I’m going to spend money to improve the water quality for over 1 million people by connecting them to clean drinking water, how and when would we know that we are hitting our benchmarks? We are working with a wide array of stakeholders on language that will do that.”

Meanwhile, Estrada wants start working on those aforementioned 42 projects as soon as possible.

“For years, (the CVWD has) been applying for grants. … We’ve gone after (U.S. Department of Agriculture) money. We’ve been pretty aggressive as an agency to seek grant funding, and we have been successful—yet we’ve been moving very slowly.”

Estrada said the water district is ready to begin work on two projects.

“For these top two projects, we are going to use the funding we currently have to get them through preliminary engineering, the environmental documentation and the application process to apply for construction funding,” Estrada said. “In the case of the Valley View Project, which was one of the stops on the March tour, we’ll be consolidating nine small water systems in mobile home parks. It covers a huge area, and we’re connecting about 136 families.

“The other one is St. Anthony’s, where we’re consolidating around the same number of families by hooking up just three small mobile home park water systems. So we have a road map now, and that’s our master plan. When funding becomes available, we’ll just continue to the next (project) and the next one and the next one.”

Published in Environment

The flood the Coachella Valley experienced on Valentine’s Day will not soon be forgotten—and the scars it left will be visible for a long time.

The severity of the event was framed for us by the facts presented by Marcus Fuller, the assistant city manager and city engineer for Palm Springs, in an email sent after we requested an interview. On that day:

• The Palm Springs Airport received 3.69 inches of rain—“almost all the rainfall we receive normally in an entire year, (which) was reported as the third-highest volume of single-day rainfall in our (recorded) history.”

• “Riverside County Flood Control reports that rainfall totals in the Mount San Jacinto area (Idyllwild) reached over 9 inches, and (it) was considered a ‘100-year event.’”

• “The storm was also warm, and there was no snowfall on Mount San Jacinto. The rainfall melted the prior snow accumulations, generating more runoff into the rivers and the desert floor.”

The result was traffic mayhem. For about 24 hours, the only way to get between Palm Springs and the freeway was via Ramon Road, which led to massive traffic jams and delays.

As the waters cascaded in an easterly direction, Cathedral City was next to sustain infrastructure damage. Cathedral Canyon Drive was closed for more than a month—although things could have been much worse.

“As a point of fact, we actually did pretty well during the storm overall,” said John Corella, Cathedral City’s director of engineering/public works. “When the storm happened, our engineers went out and identified four or five locations where we were having significant stormwater challenges.”

Further east in Palm Desert, Cook Street was closed for a couple of days at the wash. The city of Indian Wells had to shut down a stretch of Fred Waring Drive, and in Indio, Avenue 44 remained closed at the wash as of this writing.

Despite the grumblings by residents and tourists alike about impassable roads and lengthy traffic disruptions, Katie Evans, the director of communications and conservation for the Coachella Valley Water District, said things went … great?

“I would point out that, from the CVWD perspective, the rain event on Feb. 14 provided a great example of our system working exactly as we want it to,” she proclaimed.

I asked her to elaborate.

“That storm was a pretty significant weather event,” Evans said, “and the truth is that our system is designed to funnel all the water falling or running off the surrounding mountains into our Whitewater Wash storm channel, and then convey it down to the Salton Sea, and that is exactly what happened.

“Because we live in this area that has very steep mountains all around us, flash flooding is a major concern. The Whitewater Wash storm channel is the safest place for the water to be for the protection of all our valley residents—because, when it’s in that channel, it’s not flooding homes and businesses.

“CVWD is the regional stormwater provider. The cities are the local municipal stormwater providers, and they have to build their own systems that feed into the channel, so there’s a need for cooperation here. The cities build their own retention basins and smaller channels all that send their water into the Whitewater regional channel system, which CVWD maintains. The wash was a naturally occurring route (for stormwater) that the CVWD improved and built upon in the 1970s, but the fact is that we do have some trouble caused by (projects) that were built in the channel territory, such as golf courses and roads. There are agreements that allow one to do that—to build a road in the channel if you want to—but it’s a channel, and its primary purpose is to convey storm water.”

And therein lies the problem: Many of the important roadways in the valley, by necessity, cross the wash. So what can be done to mitigate the road closures and damage that take place when these types of floods occur—and where will the money come from to fund any such projects?

According to local government officials, some projects are already in the pipeline.

“We’ve sent four locations in to Caltrans in our request for emergency relief funds,” said Corella, from Cathedral City. “One is the Cathedral Canyon low-water crossing. We lost our two northbound lanes to the flood flow that came through the wash channel. We are currently restoring that to two lanes (one northbound, one southbound), and we are petitioning the state for funds to restore it to four lanes again, which would cost about $1.2 million—but we’re trying to work with them to explain that we already have a bridge project that’s been designed. All the required property has been acquired. … We have a shovel-ready project that will cost $20 million, and we’re on the Caltrans potential-projects-to-fund list in their next funding cycle. So we’ve explained that we’d rather not restore the four lanes in the low-water crossing. … We’d like them to please fund the bridge project.”

In Palm Springs, Fuller wrote that the city has been getting federal help for infrastructure improvements.

“The city has aggressively pursued federal funding through what was formerly called the Highway Bridge Program to replace, widen (and) retrofit/rehabilitate its existing bridges, and we currently have six different federally funded bridge projects underway,” he said.

Some $150 million in federal funding is committed to six projects, which include replacing the two-lane bridge over the railroad tracks on Indian Canyon Drive with a new six-lane bridge; a new raised roadway and bridge/culvert across South Palm Canyon Drive at Bogert Trail; widening the Ramon Road bridge over the Whitewater Wash from four lanes to six; and a new half-mile, four-lane bridge on Vista Chino over the wash.

Unfortunately, not all needed projects have been approved. Fuller said that the state—using federal funds—did OK a 2015 request for a new, two-mile bridge on Indian Canyon Drive over the entire 100-year flood plain of the Whitewater Wash. But …

“The state accepted our application but did not approve programming any funding, as the total amount of the project nearly represents the total funding that the state receives from the federal government for the total (Highway Bridge Program) fund in any single year.

“Then, on Oct. 1, 2016, the state stopped accepting applications. … Thus we are prevented from submitting a request for funding a Gene Autry Trail bridge, which would also have an estimated cost of $250 million.”

What does that mean for these two vital arteries in and out of Palm Springs? “Given the costs of these two long bridges, we are unable to proceed unless we find alternative funding sources,” Fuller wrote.

However, there is some good news: The CVWD just announced it is receiving a $51 million loan from the Environmental Protection Agency to fund area improvements.

“The CVWD has a big, long-term capital-improvement plan for our regional stormwater system,” Evans said. “… System improvements are needed, for example, in north Indio, where there are areas that need flood protection and don’t have it now. Also, the Avenue 54 stormwater channel running to the Thermal Drop Structure has been identified to receive improvement funds.”

Published in Local Issues

In April 2016, the Rural Community Assistance Corporation (RCAC) held a rally to highlight its achievements in bringing safe, clean and potable water to schools in the Eastern Coachella Valley via its Agua4All campaign, which installed 75 clean water-bottle-filling stations for student use.

For many of these local children, these stations offer the only consistent and free access to safe drinking water they have. (See “Potable Progress: Agua4All Meets Its Goal of Giving East Valley Students Access to Safe Drinking Water—but There’s Work Left to Do,” May 8, 2016.)

Since then, however, Agua4All’s progress has slowed significantly. Just those initial 75 stations are operating; no others have been installed.

“I wouldn’t necessarily say that the program has stalled,” said Olga Morales, the RCAC regional manager. “Originally, we had two pilot programs, in the Coachella Valley and Bakersfield. Most of our resources were utilized in those two communities. Then, we expanded our program into other counties throughout the state, and arguably, the available money didn’t go as far as it did when it was concentrated in one specific area.

“Our whole program thus far had been funded strictly by foundation and bank money. It takes a lot of effort to attract those kinds of dollars. … In the end, it doesn’t really go very far.

“We did succeed in expanding the program into other counties across the state,” Morales continued, “but there have not been sufficient resources to increase our outreach in Riverside County and the Coachella Valley. However, in the last two months, we were awarded what’s known as a ‘technical assistance (funding) program’ for our drinking-water-in-schools program, which is hosted under the State Water (Resources Control) Board. Under this new program, we’ve been directed to work with schools to identify the need either for access to, or treatment of, drinking water on their campuses. The program officially launches next month, and it has $9.5 million set aside for drinking water infrastructure to be installed at schools in primarily disadvantaged communities.”

Unfortunately, Morales said only school districts in cities with populations less than 20,000 can apply for that assistance for the first nine months—meaning most of the Coachella Valley schools in need will not qualify.

However, there is good news to report regarding infrastructure access in the Eastern Coachella Valley.

The Coachella Valley Water District (CVWD), in partnership with other governmental offices and community stakeholders, is poised to deliver some lasting improvements to East Valley communities. CVWD Board Vice President Castulo Estrada, who represents the East Valley, talked about the positive signs for valley residents who have struggled with a lack of access to potable water for decades.

“During discussions at the CVWD Disadvantaged Communities Infrastructure Task Force meetings (chaired by Estrada), we can put some focus on the water needs of the east side, which is due to a lack of infrastructure,” Estrada said. “… Over this last year, our group at the meetings has grown to include a lot of the people who need to be part of the conversation, and who are essential to ensuring that these projects get done. Our group now includes the assemblymember’s office (Eduardo Garcia), the congressman’s office (Dr. Raul Ruiz) and the county supervisor’s office (V. Manuel Perez). We have folks from the Riverside County Transportation and Land Management Agency, which is the department in charge of issuing permits. We have folks from the United States Department of Agriculture, folks from Building Healthy Communities (BHC), folks from the leadership council, and folks from the housing coalition. Now folks from the Desert Recreation District want to join us.

“Our meetings now provide a place where everybody can talk about the projects that they’re working on, and it allows everybody to have a sense of what’s happening, and that way, things can get done better.”

Estrada mentioned the San Antonio del Desierto sewer-extension project as an example of how the task force is making progress.

“The county was holding back a grading permit that was stopping progress with the project, and as a result, we had to request at least two extensions for a grant from the USDA,” Estrada said. “Then, when Supervisor Perez came in, I spoke to him about it, and there was a big meeting called. After that, things got done. So now that project is going out to bid (for construction contractors) this month after a whole year of hiccups and delays.”

Supervisor V. Manuel Perez agreed that the CVWD task force’s work is leading to much-needed solutions to the East Valley’s longstanding needs for potable water and sewer-system access.

“Castulo’s attempts to ensure that we have reliable water infrastructure on the east side deserve recognition, particularly when it involves safe drinking water, which I view as a social-justice right.” Perez said. “This has been an historical issue for us for a very long time.”

District 56 Assemblymember Eduardo Garcia was also optimistic about the progress being made in the East Valley—including possible forward progress for Agua4All.

“From my perspective, we’re going to continue to build off our efforts with the legislation AB 2124, which included dollars to ensure safe, clean drinking water for our schools and communities in and around our school grounds,” Garcia said. “That was part of the Agua4All campaign, which received approximately $10 million in support of their efforts.

“In this last budget approved by the governor, there is roughly $17 million budgeted toward these types of efforts. That’s specifically a result of our advocacy and the advocacy of other legislators who represent similar geographic districts that are primarily rural, agricultural economies, where you have remote housing circumstances, as we do here in the Coachella Valley, that are unable to centralize infrastructure. … My job, and the job of Castulo Estrada, and the job of RCAC is now to try to bring those dollars to our backyard.”

Published in Local Issues

After months of rain—and increased revenue from last year’s rate increases—both the western Coachella Valley’s Desert Water Agency and the eastern valley’s Coachella Valley Water District find themselves wading in more riches than they could have imagined just one short year ago.

However, that does not mean that all of the water-conservation mandates are a thing of the past.

“The drought is over, but conservation isn’t,” said Ashley Metzger, the DWA’s outreach and conservation manager. “That’s the big message.”

While Gov. Jerry Brown declared on April 7that the drought was officially over in most of the state—including Riverside County—many of the water-usage restrictions imposed during the drought may be with us for some time.

“We live in the desert, and we’re always in a drought,” said Heather Engel, the CVWD’s director of conservation and communication. “Even though there were many areas of the state that were facing unprecedented circumstances, for us, this is how it is all the time.”

Coachella Valley residents are continuing to conserve. According to the CVWD’s March conservation report, customers used 24.5 percent less potable water than compared to the same period in 2013, while the DWA reported a 23.6 percent decrease.

“There are still prohibitions on water waste, water runoff and watering during or soon after rainfall. These are all things for which the DWA will cite people,” Metzger said. “We see the drought as having been a good learning opportunity for our customers, and we want to keep that message going in terms of water use efficiency.”

However, some of the most onerous water restrictions may be eased.

“Any restrictions that local water agencies imposed above and beyond the state’s, according to my understanding, can be eliminated,” said Engel. “That’s where you see that some of the local time or day-of-the-week outdoor-irrigation usage restrictions are being lifted. But the state restrictions are pretty much common-sense restrictions, and I wouldn’t be surprised if the governor and the State Water Resources Control Board make those kinds of restrictions permanent.”

Still, the local agencies are celebrating the results of all the recent precipitation.

“The big and good news is that, with the state getting plenty of rain and snowmelt runoff in Northern California, we are expecting to get 85 percent of our imported water allotment from the State Water Project this year,” Engel said. “That’s huge. If you’ve driven over that Whitewater Bridge lately, you’ve seen the water flowing down, and it’s going to be flowing all year. We’re thinking that we might be able to put about 300,000 acre feet of water into the aquifer, which is huge for all of us here in the Coachella Valley.”

The last year in which the valley received a noteworthy imported water allotment from the state was 2013.

“The only downside is that we have to be more diligent in our messaging concerning safety,” Metzger said. “You know during the summer when people want to get a reprieve from the heat out here that the river flow is alluring. But we want to point people to the reserve to experience the water resource—and not have them go into the river.”

The CVWD may also receive an unexpected revenue windfall. Last year, the CVWD board of directors approved aggressive incremental rate increases over five years. Engel explained: “When we pitched the need for these rate increases to the community, we said there were three key reasons: chromium 6 treatment (required by new state regulations); reduced revenue due to conservation; and the third had to do with a number of other capital-improvement projects, some of which had been deferred during the recession years.”

However, CVWD staff members last fall—after the rate increases were enacted—became aware of test results involving an alternative chromium 6 treatment program.

“We decided to take a timeout and do a pilot study of this alternative treatment method,” Engel said. “If this doesn’t work, we probably won’t meet the deadline to be in compliance with state-mandated chromium 6 levels by 2020. So there’s a bit of a risk there, but the savings to our customers would be so significant, and the positive impact on our communities and the environment so significant, that our board decided it was a risk worth taking. Since the report came, a handful of water districts in the state, and the city of Coachella, are looking into this other method.”

Could this new treatment option lead to—at least—lower rate increases for CVWD customers?

“The board could reduce rates back to 2010 levels if they wanted to do that,” she said. “Or they could say they don’t need any increase this year. Or they could increase any amount up to the total that was published.”

At 8 a.m., Monday, May 22, the CVWD Board is holding a public meeting to review a presentation on next year’s fiscal budget, effective July 1.

“Certainly, we did not spend the money in the last year on the chromium 6 treatment project that we had planned, but we’re uncertain about that future,” Engel said. “People are still conserving, and that’s good, and we do still have these additional projects that we need to do. For instance, we’re in the planning stages for the construction of a new aquifer-recharge facility in Palm Desert, where subsidence of the aquifer has become an issue. So there’s still a need to fund these other projects, but whether or not we can do it with or without a rate increase is still undecided. Based on what the board has said in recent public meetings, it’s clear they’re hoping that staff can come up with a plan (for the next fiscal year) that does not require an increase.”

Meanwhile, the DWA and other local water agencies have found a way to lessen the impact of rate increases on some customers. Partnering with the United Way, the DWA formed the Help2Others program, which provides financial aid to help lower-income residents pay their water bills.

“We have a lot of seniors and some lower-income neighborhoods. … it was really important to get a program like that set up, and we did,” Metzger said. “… Now all five public water agencies in the valley have this program in conjunction with the United Way.

This valuable assistance is funded differently through each of the participating agencies. “Here at the DWA,” Metzger said, “our vendors and our employees have contributed funds to make our program possible, which I’m super-proud of. I think we all realize what we do wouldn’t be possible without the residents paying our rates, and if you need help, we understand water is one of the most fundamental things you need.”

Published in Local Issues

There are many alternative-newspaper editors out there who would take one look the story we put on the cover of our September print edition and instantly declare that I, your humble editor, am a total moron.

Stories about water-district boards, as a general rule, don’t sell newspapers. (Thank goodness the Independent is free, right?) So why, you might ask, did I decide to put a story about a water-district board on one of the only 12 covers the Independent has in year?

The answer is simple: This mundane-sounding story is really important.

It’s important for Coachella Valley residents to know that until two years ago, white people basically made up the entire board of the Coachella Valley Water District, the valley’s largest water agency, even though a third of the residents within the CVWD are Latino. It’s vital to know that many people within the CVWD boundaries don’t have access to safe, clean drinking water—largely because these people were never on the minds of the CVWD board members.

It’s crucial for the public to understand that while positive changes seem to finally be coming to the Coachella Valley Water District, there’s a lot of work to do—and it’s the public’s job to make sure that work actually gets done.

So … that’s why Kevin Fitzgerald’s excellent-if-not-so-sexy story on Castulo Estrada and his work on the CVWD board is on the cover for September. (Thank goodness designer Mark Duebner is talented enough to come up with a compelling piece of cover art, no matter the story!)

In completely unrelated news: It’s Best of Coachella Valley time again! Voting is now open in the first round of our annual readers’ poll. For more details, head to our Best of Coachella Valley page!

Be sure to follow the rules; for example, you have to vote in at least 15 categories; you need to put down your full name; and you need to provide a real, working email address. (If our test email bounces, we delete the ballot!) If we see more than a handful ballots coming from the same IP address, we’ll investigate to make sure the electronic ballot box is not being stuffed.

First-round voting takes place through Monday, Sept. 26. After that, the top three to five vote-getters in each category will advance to the final-round vote, which takes place throughout October. The winners and placement of the other finalists will be announced here at CVIndependent.com on Monday, Nov. 28, and in the December print edition. Email me if you have any questions!

As always, thanks for reading. Also: Be sure to pick up a copy of the September 2016 print edition of the Coachella Valley Independent, hitting streets throughout the valley this week!

Published in Editor's Note

The eastern Coachella Valley is the home of some of the poorest areas of California. Many residents don’t even have access to safe drinking water—thanks largely to years of institutional indifference.

This horrifying truth can be blamed in part on the fact that the Coachella Valley Water District (CVWD) was electing each of its five members at large: While each representative had to live in the “directorial division” he or she represented, voters within the entire CVWD—ranging from portions of Cathedral City, Palm Springs and Desert Hot Springs southeast all the way to the Salton Sea—selected each member.

Even though a third of the voting-age residents of the CVWD are Latino, back in 2014, the entire board was white.

After civil-rights lawyers threatened to sue the district, the board moved to change the voting process, and in 2014, CVWD constituents voted to change future elections: From that year on, the residents of each directorial division would select their own representative.

That fall, Castulo Estrada, a resident and employee of the city of Coachella with a civil engineering degree, was elected as the Division 5 director. Since his arrival, Estrada has adamantly injected the voice of his constituency into all aspects of the operations of the Coachella Valley’s largest water agency.

“The fact that I was elected to the board of directors a year and a half ago has allowed us to voice concerns in a much louder way,” Estrada said in a recent interview.

Estrada explained why he felt qualified to represent the serious needs of his constituents at our valley’s eastern end.

“First, this is my community,” Estrada said. “This is where I grew up. I did come from a disadvantaged community. I used to live in Oasis with my parents under the same conditions that a lot of these folks now find themselves in.

“Second, (when elected), I was already working for the utilities department here in the city of Coachella,” Estrada said. “I went to college and studied civil engineering, so I had an educational background about water, waste water and flood control. When I came back to work for Coachella, I focused on water issues. I was involved in a lot of the regional efforts through the Coachella Valley Regional Water Management Group, which is basically a collaboration among the five water agencies in the valley. That’s how I got a glimpse into what the CVWD was doing in the unincorporated areas.”

Estrada glimpsed an effort that he—along with many of his constituents, including those involved with East Valley nonprofit organizations such as Building Healthy Communities and Pueblo Unido—deemed insufficient.

“A lot of us are trying to bring about some changes here in the east side in terms of the availability of potable water people now have,” he said.


After Estrada was elected to the board, he got right to work.

“When a new board member is elected, there’s an opportunity to form another committee that didn’t exist (previously),” he said. “So, knowing what our objectives were, I did form a new committee in December 2014.”

Estrada soon learned that working within the system can be a tedious, time-consuming process.

“Finally by the beginning of (2016), we had come up with the name Disadvantaged Communities Infrastructure Committee (DCIC), and we began meeting regularly every month,” Estrada said. “Now our DCIC goals and mission are set with two long-term and 10 short-term goals as well as three immediate actions.” (See the sidebar for an example of one of these “immediate actions.”)

“On July 19, we took these objectives to our first meeting with the CVWD Task Force, which is charged with making sure that all these goals are accomplished. … General Manager Jim Barrett is working with engineers for water, or for sewers, the environmentalists, and any other CVWD staff required to meet the goals. We wanted to involve all these key people, because we don’t want to have a committee just for the sake of having a committee. We want it to be effective.”

Part of the outcome of that meeting was a name change for the committee to reflect its new reach and wider umbrella of participants. Now called the CVWD and Disadvantaged Communities Task Force (CVWD-DCITF), Estrada and board President John Powell (pictured right)—who back in April insisted on becoming the second required director on the committee—are excited about the possibilities ahead.

“These challenges have not really ever been a directive of the CVWD in the past,” Powell said. “We (the CVWD) really just serve our customers, and as people apply for new service, typically, they pay for it (through the developers). That model has really left out those folks who don’t have that type of upfront development plan and the financing to go with it. So you have communities with excellent services, while right next to them, you find communities that don’t have any water, sewer or flood-control services. Now we have made a new priority, really due to the leadership of director Estrada, that has elevated this particular topic for the board to consider.”

The officially adopted mission statement for the newly minted CVWD-DCITF is: “The mission of the CVWD and Disadvantaged Communities Infrastructure Task Force is to secure access to safe, affordable drinking water, wastewater and flood control services in historically disadvantaged Coachella Valley regions through strategic planning, funding procurement, needs assessment and reporting—all in collaboration with community members and stakeholders.”

Estrada said it’s vital that the new task force meet its goals.

“There are a lot of folks out there living with a contaminated well that they use for cooking and showering,” Estrada said. “We want to take it a step further and make it a CVWD mission to do more.”


Estrada’s board responsibilities don’t end with helping those East Valley residents who lack proper water and sewer services.

During the June 14 CVWD board meeting, when some of the hotly contested CVWD water-rate increases were passed, Estrada became frustrated with what he called “maneuvering” by representatives of more-affluent West Valley customers—and he is not being shy about that frustration.

“Our vote (back in June) tabled the question of what the new fixed-rate level would be,” Estrada said. “(The vote) required the board to strive for a less-drastic rate structure than the one put forward in the original rate-increase proposal. The revenue we collect through monthly billings is to keep the current system operating and provide water at the actual cost of the service to each existing customer. … We have current existing water and sewer systems on the east side of the valley in Mecca, Thermal, Salton City and Bombay Beach. There are projects that need to be supported in these areas in order to maintain a quality service level. That’s what the recurring revenues are meant to support.

“Most of the pressure to reduce the fixed-cost portion of the monthly bills was coming from the landscape-customer class, which includes (homeowners associations) and golf courses, and actually makes up a very small percentage of the CVWD’s total customer base. So if we accept their objection and reduce their rate below the actual cost of the service provided to that class, then funds available to support the necessary projects across the valley—and in the east-end communities in particular—may have to be cut back.

“That’s the source of my frustration and concern. There are no golf courses or HOAs in Thermal, or Mecca, or Oasis, or Bombay Beach. So if the result is to cut the revenue coming from this one customer class by lowering their rate and thus eliminating necessary projects on the east end of the valley, that makes me sad.”

Could water politics such as this water-rate issue derail the good that can be achieved for struggling East Valley residents via Estrada’s CVWD-DCITF mission?

“We need right now to survey the situation and figure out where we are, and where we can reasonably go,” said Powell, the board president. “You know, it really takes leadership. This is how things get done in the world. Somebody needs to make it a priority. I think the fact that we now have our first Latino director on our board, and he’s a very capable person showing great leadership skills—along with others in the community, like Sergio Carranza of Pueblo Unido Community Development Center, and members of our CVWD staff—(shows) this effort is in really good hands.”

Estrada expressed confidence that his efforts will lead to much-needed changes within the CVWD.

“I’m really happy, and a lot of the community is really happy to see that the CVWD is willing to hear our concerns and has shown that they want to participate and help us out,” Estrada said. “I think that’s what we’ve wanted for a long time. Just as the CVWD has put so much effort and attention into addressing the concerns of the golf-course communities and the HOAs’ concerns, we’re happy to know that the issues of the folks out here in the East Valley are now being considered as well—at the same level.”


Getting Ready: The CVWD Is Working to Make Sure Life-Changing Projects Are Ready to Go When Funding Becomes Available

As the work of Castulo Estrada and the CVWD and Disadvantaged Communities Infrastructure Task Force truly gets started, it’s worth looking at one “immediate action” goal

“The Coachella Valley Regional Water Management Group (CVRWMG) obtained a grant a few years ago of about $500,000 to work with (nonprofit organizations) to run a survey across the Coachella Valley,” Estrada said. “People went door-to-door to identify where the disadvantaged communities surviving without safe accessible water and sewer service existed. As a result of their report, communities were identified. … So by using that work and overlaying it with current CVWD utility infrastructure maps, we’re able to start chopping off some of the low-hanging fruit.”

This process has resulted in a priority project for the CVWD’s new task force: The hook-up to proper water infrastructure of multiple mobile-home parks along Avenue 66 in the Thermal-Mecca area, which account for between 300 and 500 living units.

“There’s about $1.1 million in Round 1 funds that have been directed to the CVRWMG in our region from California Prop 1 (the Water Quality, Supply, and Infrastructure Improvement Act of 2014),” Estrada said. “The CVRWMG, which is made up of the five local water agencies, has undertaken a process of reviewing various projects which have been submitted by all of these agencies. We’re trying to obtain about one-third of that $1.1 million to go toward the development of our projects.”

These state grant funds would enable the CVWD to complete preliminary engineering and environmental requirements, and acquire any necessary permits. The strategy is for the CVWD-DCITF to have projects to present that are “shovel-ready” when implementation funding becomes available.

“When all of this preparation work is done,” Estrada said, “potentially there may be other grants we could qualify for from the U.S. Department of Agriculture that could equal $3 million to $5 million or more. So when we hear of funds being available, we’ll be able to submit the plans—and boom, we can qualify.”

Published in Local Issues

So far this year in the Coachella Valley, water-rate increases have gone into effect in both the Mission Springs Water District (encompassing Desert Hot Springs and northern Palm Springs) and the Myoma Dunes Water Company territory of Bermuda Dunes.

In both cases, mandatory public meetings were held—and citizens came out to protest what they saw as unfair increases.

On Tuesday, June 14, the latest domino to fall was the Coachella Valley Water District (CVWD), which provides water to most of the valley from portions of Cathedral City eastward. Its board of directors was holding one final public meeting on whether to approve the controversial rate-increase plans it had been proposing for more than three months. Various local media and an overflow crowd of more than 300 customers showed up for the meeting, held under the watchful gaze of armed members of the Riverside County Sheriff’s Department.

As expected, the board approved the first step in a five-step rate increase plan … sort of: The members voted for a rate increase in volumetric charges, effective July 1, as well as a 44 percent increase in fixed-cost charges for customers effective from July through September, with a reduction to 22 percent beginning in October.

Or did they? Heather Engel, the CVWD director of conservation and communication, told the Independent after the vote that the increase would not be quite as steep.

“For our (single-family residential) customers, their fixed charge was going to go up (on July 1) from $7 to $11.30, but now, it will be $9.26 (a roughly 32 percent increase) as of Oct. 1” rather than July 1, she said.

She said it’s possible the board could further lessen that fixed-charge increase between now and October.

“It will be revisited (in September) to see if it can be adjusted down further,” she said.

As for the volumetric portion of the customer bills, the proposed increases were indeed adopted as proposed. (To review the final approved water rates, visit www.cvwd.org/ratechanges.)

With all of the local water districts, the rate-increase rationale begins with the revenue shortfall caused by successful conservation efforts. Another undeniable factor is the cost of maintaining and upgrading the existing water-management and delivery infrastructure.

But the wild card in each agency’s deck is the State Water Resources Control Board’s new Chromium 6 abatement regulations. After initially fighting the state-regulation terms that the agency viewed as onerous, the CVWD has now decided to move forward aggressively with plans to create and maintain a massive treatment infrastructure—at an estimated minimum development cost of $250 million, with ongoing annual maintenance costs of $8 million.

At least one local lawmaker thinks the CVWD should be pushing back against the state a little more.

“If I was in the CVWD’s shoes, I’d say let’s hold off a little bit,” said Assemblymember Eduardo Garcia. “Let’s maybe spend some money on doing some designing and some engineering, but let’s hold off a little bit to see if there’s any change (in the current regulations).”

Garcia said it’s indeed possible that those Chromium 6 regulations could be changed.

“Last year, we were successful in passing Senate Bill 385, which I co-authored. … The bill gave (affected) agencies a five-year variance to comply with the new standard,” Garcia said. “That meant three things from our perspective: (We can) continue to gather scientific information that would either support or invalidate the (Chromium 6) standard … and possibly challenge that standard; give agencies the time needed to plan, design and build the infrastructure needed to meet the standards; and allow time for specific legal challenges already under way to proceed and potentially change the direction or outcome of the new standards. … But (the CVWD is) moving steadfast, perhaps because they feel there might not be any changes, and I respect that outlook and the direction they are going in.”

Garcia said it’s also possible the CVWD could get financial help from the state.

“Another area we’re looking at is money made available in the water bond, Proposition 1. Specifically, it allocated $260 million for water grants and loans for public utilities, and for addressing infrastructure needs and what have you. These dollars were originally meant for smaller utilities, but we’re trying to see if utilities with a larger footprint could potentially be eligible.”

On a related front, during the June 14 meeting, board member Peter Nelson expressed a desire for the CVWD to join a lawsuit against the California State Water Resources Control Board, being led by the California Manufacturers and Technology Association, and the Solano County Taxpayers Association. It questions the need for the stringent drinking-water regulation of Chromium 6. The CVWD board has scheduled a closed-session discussion of this possibility for July.

Ashley Metzger, the manager of conservation and outreach at the Desert Water Agency, which serves much of Palm Springs and Cathedral City, defended the CVWD’s efforts.

“CVWD fought this (Chromium 6 regulation) tooth and nail,” she said. “They really put up a strong campaign against this standard being set so low.”

Metzger also offered a reminder for all local water-agency customers: “One thing that people often forget is we’re all public agencies. We represent them. We’re not for-profit. We’re different from Edison and SoCalGas, which are private companies. Everything we do is with our customers in mind.”

Is a water-rate increase coming to the DWA?

“We are doing a rate study right now,” Metzger said. “A whole host of factors will be evaluated. It’s a very comprehensive process. We expect to see the results sometime in late summer 2016.”

Published in Local Issues

Since March 24, the Coachella Valley Water District management team has been conducting a series of public presentations billed as “Water Rate Workshops.”

The managers’ goal of these presentations: Cnvince wary customers to go along with a proposed four years of considerable water-rate increases, slated to start on July 1.

The CVWD board of directors will decide on the first year of proposed increases on June 14.

At the May 2 workshop, many customers of the utility—which provides water to most of the valley from portions of Cathedral City eastward—left unconvinced about the need for the rate hikes, despite the arguments made by CVWD General Manager Jim Barrett and Conservation Manager Katie Ruark.

The CVWD cites three main factors in the increase request: a decrease in revenue due to successful conservation efforts which obviously reduced water sales; water treatment needed to meet newly adopted state drinking-water standards for chromium 6, which will cost the agency about $250 million; and system maintenance and upgrades needed to serve the 318,000 residents who rely on the agency for reliable and safe water.

Many audience members had legitimate questions regarding the proposed CVWD responses to these financial challenges.

It was obvious from the start of the state-mandated water-conservation effort in 2014 that all water agencies’ revenues would decrease if customers’ water usage decreased. The CVWD relied on budgeted reserve funds and customer over-usage penalty fees to bridge the gap, and understandably, those resources will not be sufficient to cover costs moving forward.

But are there other areas in the current CVWD budget where money might be saved? Employee-compensation costs make up 39.2 percent of the domestic-water-service expenses at the agency. Barrett mentioned that more employees had been hired in the past few years after a decrease in staff following the Great Recession, but he indicated that employee costs were not a factor in the move to increase rates.

On the other hand, in a recent interview, Heather Engel, the CVWD director of communication and conservation, recently told us: “When those chromium 6 treatment plants are built, we’re going to have to hire a lot more people, because we will need them to operate the plants.”

That leads to an interesting question regarding the proposed $250 million chromium 6 treatment plan: A customer at the May 2 workshop asked if the utility had considered pushing back or initiating a lawsuit against the new state mandate. The response: After serious consideration, the board chose not to push back, and instead to implement the costly treatment solution.

The chromium 6 situation happens to be much different on the Coachella Valley’s western end, where water customers are served by the Desert Water Agency.

“The DWA is extremely fortunate, because a lot of the (aquifer) recharge happens right in our own backyard,” said Ashley Metzger, the DWA outreach and conservation manager, in a recent interview. “One effect of that process is to dilute the naturally occurring chromium 6 levels, because the Colorado River water has no chromium 6. We’re actually below the (state’s new) 10 parts per billion threshold level, so we’re not going to have to treat anything.”

However, Metzger did express doubts about the need for the new strict state standard.

“I would argue that we don’t know if there’s a threat at all,” she said. “Our federal level is currently 100 parts per billion, and (in California), we’re now talking 10 parts. A part per billion is like if you had $10 million worth of pennies, you’re going to be able to find one of those pennies that’s different than the others. Science has evolved very quickly, and because we’re able to detect minute traces of substances, there’s a tendency, I think, to regulate based on the ability to detect. But sometimes (that tendency to regulate) is for the good of the community, and other times, all the factors are not evaluated.”

Back to the Coachella Valley Water District: Are these proposed rate increases a foregone conclusion?

“(The board has) a proven history of listening to the customers and trying to be responsive to their feedback,” Engel said. “But let me say that this is not a popular rate-increase proposal. This is going to mean that most homeowners will see an increased rate of about $6 per month, but (homeowner associations) and businesses are going to see a much more significant increase on their bills, and we know that. So we have not proposed this plan without a lot of thought and consideration from CVWD.

“The challenge that we face results from the cost-of-service studies. In order to have rates that are defensible against any lawsuits, we have to base any increase on a cost-of-service study. Our consultants came back and said that we are not charging customers what we should be.”

Do the CVWD’s domestic water customers have any real voice in this debate? They do, according to the agency’s “Important Information About Your Rates” brochure, recently mailed to all invoiced customers.

In the section titled “How Can I Participate?” there is this clause: “At the time of the public hearing, the board of directors will hear and consider all written protests and public comments. After the hearing, if a majority of the property owners of the impacted parcels or tenants directly liable for the payment of the charges submit written protests in opposition to the proposed rate increases, the increases will not be imposed. If a majority protest is not received, CVWD’s board of directors may adopt the proposed changes, though they are not obligated to.”

Published in Local Issues

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