During the past year, the issue of fair and affordable water rates for all classes of water users has taken center stage as El Dorado Irrigation District (EID) and Georgetown Divide Public Utility District (GDPUD) have each been sued by ratepayers who claim that the agencies’ water rates violate provisions of California’s Constitution that voters approved by initiative in 1996 (Proposition 218).

 

EDCARP has studied this issue over the course of 2018, and has authored a new research paper, titled Water Rates and Proposition 218: Misuse of a Taxpayer Protection Threatens El Dorado County’s Rural Character. We reviewed court filings and other public records, and consulted with knowledgeable elected officials, agency managers, and attorneys.

 

With respect to the lawsuit against EID, we have concluded that the lawsuit represents a misuse of Proposition 218 and an existential threat to El Dorado County’s family farms, agricultural businesses, and rural character. Furthermore, the legal arguments in the lawsuit are identical to arguments made repeatedly by one of EID’s own directors.

 

The GDPUD lawsuit involves different issues and is in a more preliminary stage; at this time EDCARP has not formed any conclusions about the merits or potential impacts of that lawsuit.

 

Read the research paper here:  Water Rates and Proposition 218: Misuse of a Taxpayer Protection Threatens El Dorado County’s Rural Character

 

For generations, El Dorado County leaders have fought to secure water rights to supply our current needs and satisfy future demand. Today, we all benefit from their persistence and foresight. In 2015, EID cleared a final hurdle to start using 8,500 acre-feet per year (AFY) of “area of origin” water above Kyburz – the first half of 17,000 AFY authorized.  It took over 15 years, but we obtained increased water supplies in the fourth year of a statewide drought.

Jenkinson Lake/Sly Park Dedication, 1956  (Photo source:  EID)

During the 1950s, County leaders negotiated rights to store future “area of origin” water in existing SMUD reservoirs, saving up to $100 million in construction costs. The County and EID have applied for water rights to an additional 40,000 AFY to implement this long-standing agreement.

Today, a different sort of struggle over water is taking shape in our county. This challenge does not come from downstream users who want to lay claim to our water, but from a small group within our own county, including a couple of elected members of the EID Board. Apparently, they believe we should abandon our efforts to secure new water rights, claiming it’s ‘futile’ or that we don’t need the water today. Whatever their reasoning – it’s short-sighted and flawed. Water rights applications take years and sometimes decades to finalize.

The stream of benefits that flow from water rights support agriculture, jobs, recreation, and our rural lifestyle – for ourselves, and for future generations. Where would we be today if our forefathers had been unwilling to go after El Dorado County’s water rights because it would be difficult or because they had enough water to meet their needs at the time?

 

Water Rights Mailer, May 2015 
Water Rights Mailer, May 2015

By Letters to the Editor, Village Life, May 17, 2015

EDITOR: 

In the midst of California’s worst drought in 100-plus years, EID Directors Alan Day and Greg Prada voted “no” on pursuing additional area of origin (i.e. our) water for the county at the board’s May 11 meeting. After giving lip service to the El Dorado Water and Power Authority’s continuing efforts to obtain 40,000 acre feet of water for the county, both directors showed their true colors. “No” more water.

This in-depth analysis focuses on the history of the fight for water rights, the adequacy of the water supply available over the General Plan horizon (through 2035) and the plan to secure rights to additional water supplies for the future.  It answers important questions and addresses misconceptions about the availability and sufficiency of water:

- Does El Dorado County have enough water to supply current and possible future needs?
- What happens if we don't secure water rights for the future?
- And the rhetorical cry of “Protect our water from developers”.

Keeping Our Water: Area of Origin Rights, January 30, 2015

 

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