WATER SUSTAINABILITY When should a LAFCO say “No” and how can it condition a “Yes” and make it stick

WATER SUSTAINABILITY Moderated by Francesca Loftis El Dorado County LAFCO Public Member Commissioner

Panel Members:  Cathy Schlottmann – Santa Barbara County LAFCO, Alternate Special District Commissioner and Director of Mission Hills CSD  Paula de Sousa – Partner- Best, Best and Krieger  Robert Shibatani – Hydrologist  Kris Berry – Executive Officer Placer LAFCO

SCENARIO  Rubble Homes wants to annex 4,000 acres into the City of Americana  Presented to LAFCO a total 500 homes clustered around 10 “villages”  2,500 acres remaining for open space conservation  Historical development agreement with both the county and city

 LAFCO weighs all of the factors under Government code §56668 and determines that, given the size of the development and known water supplies from Americana Water Department, the annexation is feasible, but water hookup will be on a “first come first serve basis.”

But wait folks…there’s more…

During the public hearing, the commissioner from Americana City surprises everyone by stating that he knows Rubble is working on plans to build up to 3,000 homes on the site. This commissioner presses the representative from Rubble to commit to only 500 homes, but the representative refuses to make such commitment.

LAFCO staff believes Americana Water Department can easily accommodate the 500 proposed homes, but the current “total” water available for the area would be inadequate for 3000 homes. When the water department is questioned about the ability to serve an additional 2,500 homes, their reply was they were working on acquiring new water allotments and therefore it is unknown whether it has the capacity to serve the additional amount. The city has indicated in the past that it has larger water supplies than most skeptics believe is true.

What is LAFCO to do?

1.Based on CKH and past and recent court decisions, can LAFCO limit the annexation to the 500 homes based on the fact that the water department has only enough water to service this number?

What is LAFCO to do? 2.Can LAFCO condition its annexation by insisting that the water supply be definitive and adequate to service a development on a “build out basis” ?

What is LAFCO to do? 3.Can LAFCO approve an annexation where the water availability is on a “first come first serve basis” ?

What is LAFCO to do? 4.Can annexations be re-opened if the original terms are defaulted?

What is LAFCO to do? 5.Are LAFCO’s bound by Development Agreements made between a developer and a city/county?

What is LAFCO to do? 6.What are the risks of interveners challenging LAFCO determinations, if the information that served as the basis for the decision was incorrect ?

What is LAFCO to do? 7.What solutions exist today for LAFCO’s to obtain honest, adequate facts to make informed and competetent decisions?

What is LAFCO to do? 8.Does CKH need to be amended to more clearly define the ability of LAFCO’s to put conditions on annexations ?