Mr. J. Michael Colbert, Area Specialist/FOIA Coordinator.

Yes, I agree to pay the estimated cost of $94 to secure the entire USDA Rural Development Grant Application record for the $500,000 that is scheduled to be awarded to  the Lake Don Pedro Community Services District (LDPCSD).

I trust that Mr. Jose Guardado has explained my position in regards to this proposed substantial grant to the LDPCSD.  For the record, I think the USDA’s willingness to financially assist the LDPCSD in maintaining our water supply during this extended California drought is truly admirable and an excellent example of the positive co-operation that can be achieved between California public agencies and the Federal Government.

However, with that said, I also believe the USDA has been a victim because it has intentionally been denied easily obtainable information regarding the LDPCSD’s sixteen year history of “ground water substitution for illegal surface water transfers” of Merced River water.  You see, due to Place of Use restrictions contained in water license 11395 (held by the Merced Irrigation District (MID) under which the LDPCSD has operated for over 35 years, Merced River water cannot legally be diverted outside the residential subdivision and golf course area, and if it is, MUST BE REPLACED with an equal or greater amount of “alternate source water”, which  for the LDPCSD meant ground wells.    This was the reason for construction of the Ranchito Drive ground well in 1992. Our only well before Pete Kampa and Kampa Community Solutions, llc was hired to again expand the LDPCSD water service area.

So, simply put, that one ground well was a legal remedy to cure multiple (and intentional) violations of specific conditions in the water license.

Perhaps the reason why the LDPCSD never expanded its ground water production program in over thrity-five years was never considered or questioned by the USDA.  I imagine there are a number of normal and legitimate reasons which might prevent water agencies from pursing an alternate source of water and would guess adequate financial funding at the top of the list.  No doubt the USDA Rural Development program has saved countless communities from running out of drinking water along with enhancing their production methods to assure quality.  And again, this is a very generous and positive program but I believe what the LDPCSD has, is and will eventually do with those funds IF AWARDED, will  only tarnish that otherwise exemplary program reputation with what appears to be criminal activity such as misrepresentation of facts with the intent to misappropriate funds for other purposes other than for which granted,  and the continuing fraud against the 3,128 +/- legal Merced River water consuming property owners of the entitled residential subdivision.

 believe these facts were hidden from the USDA in order to obtain the grant.

I recognize you are the expert in such matters and greatly appreciate the reduced costs as itemized in your estimate already, so please accept the following with all due respect.  Since you may not be aware of my particular situation I thought I might ask why I do not qualify for a free copy per the below section, hey $ 94 is 94 bucks right?  lol:

 (iii) Documents shall be furnished without any charge or at a charge reduced below the fees established under clause (ii) if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.

Perhaps I should explain, the reason for this request is so that I might share what relevant information is contained within these public records with viewers of my website, LAKEDONPEDRO.ORG.  I have not profited one single penny from this website in the many years of operation nor do I intend to do so in the future as it is merely a conduit to reach other subdivision owners while providing information they otherwise may never receive. I certainly have learned much already about the “operations or activities of the government” regarding this grant matter and quite frankly would be quite surprised if you folks were not a bit perturbed about being “hoodwinked” by this obvious misrepresentation of the facts.

But YES!  I agree to pay.  lol

Thank you for your attention in this matter and please appreciate my argument is not with the USDA, Rural Development, any officials or employees with those organizations or with the great work you normally perform for the various needy [not greedy] public agencies.    Thanks, sorry so long, but thought  you should know, Lew Richardson