WATER...continued

SB221 creates a requirement that counties and cities must impose a new condition. This is a tentative subdivision map; i.e. the developer must demonstrate a sufficient  water supply (designated water source) for a project before the final subdivision map can be approved. Originally, SB221 targeted projects of 200 units or more. This was amended  to apply to projects of  500 units or more. Larger (500 plus units) subdivisions are now required to show proof of water availability (sufficient 20 year reliable water supply) by a “written verification” from the local provider(s). This has produced a loophole in the rule; leading many developers to plan subdivisions in 499 lot units … One shy of the 500 unit rule.

SB221 obligates public water agencies to prepare a “written verification” of water availability prior to final map approval.  This is distinct and separate from the WSA responsibility imposed by SB610. The water agency has 90 days to comply and include specific information.

Verification must be based on substantial evidence relating to the sufficiency and reliability of the water (pursuant to state water code 10635).  If the verification relies on ‘projected’ water supplies that are currently unavailable, then the verification must include detailed information as to the source of the new water, the securing of federal, state and local permits for any necessary regulatory approvals and the funding for required capital outlay etc.

There is always the potential for further legal or regulatory challenges. These would delay or obstruct the issuance of the necessary ‘verification’ while developers search for new water sources to meet their needs. An example is the Delta Water Supply Project (DWSP).

The city of Stockton (COS) is waiting for its DWSP to be approved by the State Water Resource Board. The COS moves ahead with grandiose plans, sphere of influence inclusions, annexations and its continued reliance on and mining of the aquifer which we all depend on. …this predicated on the very ‘iffy’ DWSP. Development is encouraged and facilitated by the COS, while SIMULTANEOUSLY, KNOWINGLY AND UNREASONABLY over-drafting the ground water basin. Thus endangering our water supply and the economy of San Joaquin County.

It is important to note that our County Dept. of Public Works warned LAFCO that the COS does NOT have a reliable water source for future development nor the sewage treatment capability to support it. Its recent annexations and the 8,000 acres of farmland brought into the city’s sphere of influence is in question….The growth  of the city is at stake.