CCWD, UPA end spat over water rights

The Utica Power Authority and the Calaveras County Water district inked an agreement Tuesday resolving their long-running dispute over water rights.

The document confirms UPA’s ownership of the rights to the water that runs in the Utica Ditch from Hunter Reservoir, near Hathaway Pines, to the Angels Powerhouse — a claim CCWD once contested.
 

In a letter to the California Water Resources Board in early 2008, CCWD had asserted it retained co-ownership of those rights despite the district’s 2004 departure from UPA, which now consists of the City of Angels Camp and Union Public Utility District.

The letter led UPA, which argued CCWD did not reserve those rights in a 1997 agreement between the agencies, to file a lawsuit in April against CCWD.

Under the terms of the agreement, CCWD has now backed away from those assertions and UPA’s lawsuit will be dismissed within a week.

In short, UPA got everything it wanted, said Ray Behrbaum, chair of UPA board of the directors. Bob Dean, the chair of the CCWD board, agreed.

“That was never in question,” said Dean, adding that he thought the issues could have been resolved without a lawsuit.

Both Behrbaum and Dean were happy to see the long dispute put to rest without a costly courtroom battle.

The agreement, known as a memorandum of understanding, also addressed several issues of disagreement between the agencies not raised in the lawsuit and laid groundwork for greater cooperation.

Aside from recognizing UPA’s ownership rights, the agreement recognized CCWD’s right to water that has passed out of the Angels Camp system.

It is not currently realistic that these rights would be used, said Dean, but may be part of expanded future operations.

The agreement also gives CCWD access to water, at a charge, from Hunter Reservoir when CCWD is unable to get water from its usual source, the Collierville tunnel, during regular maintenance.

The turning point in the talks came when the agencies agreed about six weeks ago to meet face to face for negotiations.

Two directors from each agency and, later, each agency’s general manager, met to draft the basis of the agreement that the lawyers ultimately craft.

Angels Camp Mayor Jack Lynch, who as a member of UPA participated in the final negotiations, called the decision a “momentous occasion” at Tuesday’s City Council session.