Town council presentation (June 23, 2015)
Good evening. My name is Leigh Jordan. I am the Executive Vice President of Apple Valley Ranchos.
At the June 23rd Town Council meeting Mr. Brown, the Town attorney, stated (and I am quoting directly from the video minutes of that meeting):
In the response we received to our protest letter with respect to the termination of the tariff deviation we were informed yet again today by Leigh Jordan of Apple Valley Ranchos that under no circumstances would they agree to the use of reclaimed water at the golf course. Did I misread that?
That is not what I said.
What I said in that response, to counter the Town’s argument that the agreement’s contemplation of the use of reclaimed water when available implied Ranchos’ contemplation that the Town would eventually provide its own water to irrigate the golf course, was that Ranchos has continually told the Town that Ranchos has the right to be the retailer of reclaimed water in its service area. My point was that Ranchos contemplated that Ranchos would be the retailer of reclaimed water to the golf course.
To be clear, Ranchos’ position on reclaimed water is and has been:
- Ranchos fully supports the development and use of reclaimed water in the Town as a valuable conservation tool and wants to be the retailer of the reclaimed water in its service area.
- According to state law, and a 1998 contract signed by the Town, Ranchos has the right to be the retailer of reclaimed water in its service area. That contract states that the Town will be the wholesaler of reclaimed water but that Ranchos has the exclusive right and obligation under its CPUC certificate to sell and deliver reclaimed water within its current and futures service area within the current and future boundaries of the Town.
On numerous occasions Ranchos has made its position on reclaimed water clear to Mr. Brown:
- At a meeting with the Town on reclaimed water in 2013, attended by Mr. Brown.
- In a letter on July 11, 2014, to Mr. Brown from Ranchos’ attorney.
- In a second letter on October 6, 2014, to Mr. Brown from Ranchos’ attorney — after Mr. Brown’s response claimed that Ranchos was attempting to prevent construction of the sub-regional plant and deprive the community of the benefits of reclaimed water.
- On February 4, 2015, Mr. Brown received a copy of a letter from Mr. Schilling to the Town Council responding to statements made in the November 8, 2014, Town Council Staff Report which again mischaracterized Ranchos’ position on reclaimed water. The prior correspondence between Ranchos’ attorney and Mr. Brown was attached.
I do not understand how Mr. Brown could
misread my statements on this matter. I do not understand how Mr. Brown can not be fully aware that there are circumstances under which Ranchos would agree to the use of reclaimed water at the golf course, and what those circumstances are — that Ranchos will be the retailer of the reclaimed water, just as the Town promised in writing back in 1998.
Going forward, I would ask that the Town and Mr. Brown refer to Ranchos’ actual statements and refrain from providing editorial comment that misrepresents the long history of facts on this matter.
Files related to retail water rights and agreements
- 19890418 Ordinance 13
- 19980602 Agreement of Purchase and Sale of Jess Ranch Wastewater System and Assessment District No. 86-1 Water System Improvements
- 19980728 Amendment to Agreement of Purchase and Sale of Jess Ranch Wastewater System and Assessment District No. 86-1 Water System Improvements
- 19990603 In the Matter of the Application of Apple Valley Ranchos Water Company (U 346 W) (U 346 S) for Authority to Transfer its Sewer Division to the Town of Apple Valley
- 20100501 Ordinance 1180
- 20140711 Original letter from AVRWC attorney
- 20140909 Response from TOAV attorney
- 20140920 TOAV rebuffs AVRWC’s damage claims
- 20141006 Corrections from AVRWC attorney
- 20141008 Ordinance No. 4256
- 20150204 Letter to the TOAV (Schilling)
- 20150623 AVRWC Town council presentation (Jordan)