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Water Replenishment Bill Pros, Cons Presented to Council
Amended AB640 would save city thousands annually

By Allison Jean Eaton
Bulletin Staff Writer

Two days after the pros and cons of an assembly bill relative to water replenishment rates were presented to the City Council last month, the Assembly approved an amended version of the bill.

According to supporters of the bill authored by Assemblyman Hector De La Torre (D-South Gate), which passed the State Assembly 67-3 June 7, the city of Compton stands to save more than $300,000 annually if it becomes state law, according to one of his staffers.

Cities that stand to save would have the option of using that savings to leverage bonds for capital improvement projects or give it back to residents as a reduction on their water bills.


Contenders of the bill argue that supporters are missing the bigger picture. They say the bill, as originally written, would have a negative financial affect on the Southern California Water Replenishment District (WRD) and its two basins and likely result in a lengthy lawsuit at taxpayers' expense.

The bill originally would have required the WRD to compute water replenishment assessments separately for West Basin and Central Basin customers. Amended a day before it passed the Assembly, it now calls for the state water department to conduct a study on the effects of doing so.

The WRD replenishes groundwater in the two basins, which over pump their natural water supply because of ever-increasing demand. Currently, WRD averages costs for providing water to each basin and charges a flat rate district-wide.

But according to Desi Alvarez, Public Works director for the city of Downey, it costs WRD more to pump water into the West Basin. And West Basin consumes 198 gallons per capita day, while Central Basin customers use 150. This means Central customers are effectively subsidizing customers in the West, he said.

Alvarez was among a group of representatives from other Central Basin cities backing the bill that came to the June 5 council meeting to lobby Compton to join their ranks.

“This establishes nothing more than a fair and equitable replenishment assessment based on actual cost and services provided by the WRD,” said Signal Hill Councilman Larry Forester. “We in the Central, yourselves (Compton) included, are subsidizing West Basin to the tune of $10.6 million [annually].”

Supporters agree the problem is an oversight in an old piece of legislation that requires updating to address changes that took place decades ago.

According to the Water Replenishment District Act approved by voters in 1959, a replenishment assessment must be uniform. At that time, both basins were considered a single entity. However, West Basin was adjudicated in 1961 and Central Basin in 1965.

WRD is still charging a uniform rate because the 1959 law requires one be leveraged. It did not take into account the possibility for a replenishment district to service multiple basins. The bill aims to change this by requiring basin-specific assessments.

Back then, the district was charging a couple dollars per acre-foot of water. But today, in the face of the state's worst drought to date and the increasing scarcity of water in general, the rate is $138 per acre-foot. That will increase to $149 July 1.

With millions of dollars on the line, the piece of legislation is a hot topic among public officials whose cities purchase water from the basins and water organizations both public and private.

A number of West Basin cities, including Inglewood, oppose the bill. Inglewood officials said it will increase residents' water bills about $80 per year.

South Gate's mayor, Bill DeWitt, said his city, a Central Basin customer, is in need of the roughly $600,000 a year it would save.

“We have about $10 million worth of infrastructure needs in our water system in the city of South Gate that we're unable to bond for - we're bonded to our limit right now - and we need to repair a lot of water lines, put in a couple of reservoirs, and this would go a step in the right direction to provide the funding to be able to continue to provide quality water to our residents,” DeWitt said.

The Hub City is much in the same boat. With the mayor's recent admonition that Compton's water rate - $ 1.42 per 100 cubic feet plus a $6.95 meter-read fee - is one of the lowest in the area and that much of the Water Department's infrastructure is dangerously in need of repair, it is likely the city would use its savings toward improvements.

According to Michael Harvey, a project manager with the Compton Municipal Water Department, the city would “definitely” go that route because his department's infrastructure is in “dire” need of repair.

The aging system, built in the 1930s, '40s and '50s, was not built to handle today's volume of demand, he said. That there has yet to be a major malfunction is a testament to the quality of engineering work performed back then, he added.

Water companies, especially the WRD, oppose the legislation, saying the fallout of charging basin-specific rates outweighs any potential savings. The district is joined in its opposition by the Association of California Water Agencies and the Metropolitan Water District (MWD), the latter of which Compton is a member.

“This issue has been packaged as a relatively simple issue,” said Ron C. Smith, a member of the WRD's Board of Directors. “It is anything but. … There's more involved than just ostensible economic inequities.”

WRD Asst. General Manager Paul Schoenberger said the study upon which De La Torre is basing his bill fails to take into account a number of important issues such as the impact of over pumping by users in the Central Basin on the amount of underflow into the West Basin, which he said will increase replenishment needs there.

Underflow was a naturally occurring flow of water from the Central Basin to the West that water officials say no longer flows because Central taps it for Central customers. Schoenberger said if the bill becomes law, it would likely result in a lawsuit between the basins to resolve financial and underflow issues.

The assistant general manager added that higher fees for West Basin users will raise demand for imported water, which would negatively impact the environment but mean more money for WRD.

“It is a bad bill because Sacramento is telling a local government how to set its rates and how to do business,” said Schoenberger. “The water replenishment assessment is fair and equitable as it is now.

“We as an agency would probably benefit because we would sell more imported water because of it,” he said. “But our board, because of the bad policy and because of all of the unintended consequences that would happen because of this, our board has taken an opposing position.”

The city had yet to take an official stance on the bill.

De La Torre did not return calls for comment.




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