Water tussle lands in court

The Utica Power Authority filed a lawsuit against Calaveras County Water District on Thursday in a dispute about water rights.

A feud has long simmered between the two agencies and flared again a little more than a year ago when CCWD claimed co-ownership of water rights UPA believes it has owned since the water agencies parted ways in 2004.

CCWD formerly joined Union Public Utility District and the city of Angels Camp in the joint-powers agreement that created UPA in 1995. CCWD withdrew in 2004.
   

CCWD drafted a letter last year to Camilla Williams, the supervisor of the Division of Water Rights with the State Water Resources Control Board, claiming co-ownership of UPA’s water rights flowing from Hunters Reservoir to the Angels Powerhouse.

In the letter, CCWD stated it did transfer the water rights to UPA in the 2004 withdrawal agreement, but “as part of the transfer ... CCWD also retained certain property interests in those rights, and continues to be a co-owner of those rights.”

UPA has contested that assertion ever since and hired a water-rights attorney soon after the letter went to the state. A series of closed-session conferences to discuss potential litigation on UPA’s behalf led to Thursday’s filing.

The 18-page document also claims CCWD began to divert water from Hunters Reservoir near Hathaway Pines in October 2008 through its connection to the reservoir’s discharge pipeline without notice or consent of UPA, leading to flows into Mill Creek that were at times less than federally required “fish flows.”

“Only by action of UPA staff that increased the flows into Mill Creek was a violation of UPA’s (Federal Energy Regulatory Commission) license avoided,” the document contends.

A CCWD spokeswoman said Thursday afternoon the district had not received any notice of legal action and therefore could not comment.

The suit does not seek monetary damages but rather a judgment that UPA is the sole owner of its water rights with no rights retained by CCWD.

“This case was filed because CCWD keeps saying that it still has some control over water that was deeded to UPA in 1997.

That water is needed to serve many people in the Murphys area and the residents of Angels Camp, but CCWD refuses to acknowledge that it no longer has any right to say how that water will be used,” UPA Acting Chairman Paul Raggio said in a press release issued by the agency Thursday.

UPA attorney Ellen Vogt added that she is hopeful the matter, which has been discussed face-to-face by UPA and CCWD officials as recently as April 8, can still be settled outside a courtroom.

“Most cases that go to litigation settle out of court and this remains our hope in this case,” Vogt said. “Along with filing the complaint, we invited CCWD to continue to meet with us, including with a mediator, because to date there has not been sufficient progress. We are hopeful that the initiation of litigation will provide the additional motivation to reach a resolution.”