Still, Court Battle Continues
September 10,2015
The State Water Resources Control Board (SWRCB) has sent the City of Tulare a letter dated August 18 that “strongly encourages” consolidation of the City of Tulare’s water system with both Pratt Mutual that supplies Matheny Tract and Soults Mutual. The letter orders the parties to complete negotiations in no more than 6 months to “provide an adequate supply of safe drinking water” to these communities that have water high in arsenic and nitrates.
In a related matter the City of Tulare’s lawsuit filed earlier this summer against the county and the 2 small water districts, has seen the city agreeing to drop the county from any part of it after a threat of a counter suit by the county.
Long Delay
Matheny Tract’s attorney Ashley Werner says the city has been proposing to hook up the residents with talks starting as far back as 2007 but continue to delay the hookups citing both a lack of water due to the drought and now, the question of whether the rural residents will have to pay more for their water than other Tulare residents. Werner argues in legal brief that the city signed a contract in 2011 that they are not living up to.
The city is arguing in court that the small water districts accept water delivered through a third-party rather than a full consolidation with Tulare.They are seeking court approval to modify the 2011 contract.
The matter is pending in court even though the letter from the state appears to indicate “consolidation” of the small water districts is what is being ordered. That would mean the rural residents would be treated as any Tulare customer would be.
The pipeline to Matheny Tract was completed, the connection tested and was ready to receive water in May of last year. The state has already paid $4.9 million to connect the 300 plus homes to clean water.
The SWRCB is acting on AB88 ,now signed into law, that requires cities to supply water to disadvantaged communities when their own water supplies do not meet health standards.
Soults is already connected to the city through a valve and meter, but a trial about five years ago had so much water flowing through the meter (either leaks in the water system or perhaps flowing back down the well through a faulty foot valve), that Soults Mutual Water Company had the city turn the water off after a few weeks. Self Help Enterprises has completed several steps to help Soults Mutual get state funding to replace their water system and connect permanently to the city, just like Matheny Tract (Pratt Mutual Water Company).
In the past, the City of Tulare had agreed to supply water to Matheny Tract. But then a Department of Industrial Relations ruling against Visalia regarding the Goshen sewer system would have made all City of Tulare water projects prevailing wage if they connected to Matheny Tract. A bill was amended and signed into law exempting Charter Law cities from prevailing wage requirements if they provided utility services like water and sewer to “disadvantaged communities” outside city limits. The law was changed specifically for Matheny Tract through the efforts of Self Help Enterprises. Once the bill was signed into law, Tulare again agreed to serve water to Matheny Tract. But so far, it just has not happened.
Tulare Mayor David Macedo says despite the long delay “we will deliver water to Matheny Tract” and does not think it will take 6 months to do it. “We still have some issues of how the system will be maintained and who pays for repairs if needed.” Macedo implies talks between the parties should iron this out.
But Attorney Werner says there have been no talks although “we would welcome them” to get water to the low income community sooner than later. There is an October 1 conference between the parties to set a trial date in Tulare County Superior Court.
Werner says that the argument that there is not enough water to supply Matheny Tract does not appear to be valid citing approval of permits by the city recently of over 100 new residential units and the big CaliCheese plant.