Marin Municipal Water District to challenge desalination ruling
Mark Prado
Marin Independent Journal
11/17/2011
The Marin Municipal Water District will challenge a judge's ruling that the district's desalination project environmental impact report is flawed, which essentially voided the project.
The water district board voted Wednesday in a closed session to appeal a Marin Superior Court decision that determined the environmental analysis of the proposed San Rafael desalination plant was not prepared in compliance with the California Environmental Quality Act.
The North Coast Rivers Alliance was joined by several other parties in the lawsuit challenging the desalination project.
In her August opinion, Judge Lynn Duryee said she was concerned the environmental impact report didn't properly describe the environmental setting near the project nor fully assess its impact on marine species.
Water district lawyers argued that assessments were done during peak seasons and that a more comprehensive study would be done — as required by state and federal officials — once the project moved forward.
The judge went on to write that the desalination plan is "unnecessary because water conservation costs nothing, has no negative environmental effects and is more effective than the (desalination) project."
The water district is challenging the ruling to keep its water options open.
"The demand for additional water supplies by MMWD ratepayers may well rebound in the future, and MMWD must be able to meet that need, especially in times of unanticipated drought," said Jack Gibson, president of the water board. "It is essential for MMWD to keep all water supply options open, particularly the uncertainties of climate change, a desalination project may well be part of the solution. In order to proceed with such a project, we will need resolution of the superior court decision on the desalination EIR."
District officials have said that by 2025 there would be a 6,700-acre-foot water gap in the county and while conservation could make up 3,400 acre feet of that, there would still be a water shortage. An acre-foot can supply about three single-family homes with water for a year. There are 325,851 gallons in an acre-foot.
