The Marina Coast Water District (MCWD) announced today that it has served a claim for damages against its former Regional Desalination Project partner, the Monterey County Water Resources Agency (MCWRA), and the County of Monterey, based on the actions of certain County officials. The claim is an effort to protect ratepayers and to preserve Marina Coast’s ability to go to court to recoup costs associated with the District’s costly and conscientious efforts to implement the project.
In a press release, Jim Heitzman, General Manager of the Marina Coast Water District said, “We did not come to this decision lightly, and it is with great disappointment that we have been forced into this situation based on recent events.”
He went on to say, “MCWD has a duty to our ratepayers to preserve our ability to recover costs associated with the Regional Desalination Project. Marina Coast acted in good faith and worked diligently in support of the project, and it is troubling, to say the least, that we may have to go to court to protect Marina ratepayers. The claim we served today is intended to preserve our ability to do just that, if we have to.”
The claim puts the county on notice that Marina Coast seeks payment. The next step may well be a suit.
Last summer, the County declared that the project agreements were void due to an alleged conflict of interest of County Water Resources Agency Director Stephen Collins, and Cal Am pulled out of the project based on the County’s statements. The collapse of the Regional Water Project left Marina Coast with some $20 million in unpaid expenses.
“We feel we have been left with no choice but to file this claim to keep open the option of going to court, if we need to pursue that remedy,” said Heitzman. “Our ratepayers deserve to have their day in court if they need it, and this claim preserves that right.”