Protecting Salinas Valley Water Rights: Urgent Call to Reject SSJWD’s Bid for Nacimiento Reservoir Reallocation

Key Legal Points from Kronick Letter to SWRCB

1. Established Water Use and Rights: The letter argues that water from the Nacimiento Reservoir is already fully allocated and utilized by the Monterey County Water Resources Agency (MCWRA) for Salinas Valley’s needs. This usage was validated by the State Water Resources Control Board (SWRCB) in Decision 1642 (2001), which confirmed that Nacimiento Reservoir’s yield was fully in use and not “excess” as claimed by the Shandon San Juan Water District (SSJWD).
2. Sustainable Groundwater Management Act (SGMA) Compliance: The letter highlights that the Salinas Valley relies on the Nacimiento Reservoir to recharge its groundwater, which is crucial for maintaining compliance with California’s SGMA. The Salinas Valley’s Groundwater Sustainability Plans, approved by the Department of Water Resources, depend on this recharge to meet sustainable levels for agricultural, municipal, and industrial needs in the valley.
3. Environmental Considerations: The reservoir releases also support federally protected steelhead trout, which are subject to a pending Habitat Conservation Plan under the Endangered Species Act. Any changes to water use could impact these habitats, potentially leading to legal challenges and further regulatory complications.
4. Flaws in SSJWD’s Legal Argument: SSJWD’s reliance on California’s “wheeling” rights (Water Code section 1810 et seq.) and its ability to condemn property are legally dubious. Wheeling rights apply only to the use of transmission systems for voluntary water transfers, not to water storage and development in reservoirs. Additionally, condemnation of MCWRA’s facilities, which serve essential public uses, is legally improbable.
5. Investment and Public Benefit: The letter stresses that Salinas Valley stakeholders have invested significantly over decades in Nacimiento Reservoir, its associated infrastructure, and broader water management projects. These investments serve existing public uses, and reallocating this water to SSJWD would undermine these established benefits.
6. Call to Reject SSJWD’s Application: Based on these arguments, the letter urges SWRCB to reject SSJWD’s amended application as incomplete and lacking a sound legal basis. It warns that if the application proceeds, the Salinas Valley Water Coalition intends to file a formal protest.

This letter is a strong appeal to protect the Salinas Valley’s longstanding water rights and investments, emphasizing that any reallocation would disrupt sustainable management efforts, established environmental protections, and community reliance on a stable water source. For a comprehensive understanding of the legal arguments and potential implications, stakeholders are encouraged to review the full report.

Read the full letter here.