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HomeMy WebLinkAbout1999-01-26 - AGENDA REPORTS - CLWA PURCH WATER CO (2)NEW BUSINESS DATE: 10A DEPARTMENT: CITY OF SANTA CLARITA AGENDA REPORT City Man Item to be presented by January 26, 1999 POTENTIAL PURCHASE OF A RETAIL WATER COMPANY BY THE CASTAIC LAKE WATER AGENCY City Manager's Office RECOMMENDED ACTION City Council reaffirm its policy that the purchase of a retail water company by the Castaic Lake Water Agency would be a violation of California State Law, and not in the best interest of the community. Furthermore, the City Council instruct the City Manager to communicate the Council's action to the Castaic Lake Water Agency's Board of Directors and request that State elected representatives decline any efforts to change such law. In 1970, the Upper Santa Clara Water Agency was renamed, thus creating the Castaic Lake Water Agency (CLWA). The CLWA's creation is spelled out in Chapter 103 of the California Water Code Appendix, entitled the "Castaic Lake Water Agency Law". Section 15 of the Castaic Lake Water Agency Law, titled General Powers of Agency, states the following: "The agency may acquire water and water rights, including, but not limited to, water from the State of California under the State Water Resources Development System, and provide, sell, and deliver that water at wholesale only, for municipal, industrial, domestic, and other purposes, through a transmission system to be acquired or constructed by the agency." During the 1995/96 Legislative Session, the CLWA sponsored legislation authored by State Senator Pete Knight that would change the scope of the Agency's authority, allowing the Agency to be a water retailer. The Senator dropped the legislation, due to opposition by the City Council, before it was voted upon by the legislature. In addition to the legality of the issue, there are concerns regarding the possible conflict of interest that could arise if a water wholesaler, such as CLWA, becomes a retailer. As water is such a critical issue in Southern California, it is not in the best interest of the community for CLWA to have a potential monopoly on water provision, with the oversight coming from a board of directors that is not completely elected by the residents of the Santa Ciarita Valley. Continued To:— - - Although becoming a water retailer is in violation of State Law and not in the best interest of the community, the Agency has recently expressed an interest in purchasing the Santa Clarita Water Company. It is recommended that the City Council reaffirm its policy that the purchase of a retail water company by the Castaic Lake Water Agency would be a violation of California State Law, and not in the best interest of the community. Furthermore, it is recommended that the City Council instruct the City Manager to communicate the Council's action to the Castaic Lake Water Agency's Board of Directors and request that State elected representatives decline any efforts to change such law. pezxcwaterl.do