Did not sleep very well last night because I was still trying to process GM KAMPA’s major statement that our LDPCSD water service boundaries were set by Mariposa LAFCo in 1980 and have not since been amended.  WHAT?  How can that be? 

WHAT THE FRACK IS GOING ON HERE?

WAITING FOR MONTHS FOR A COMMITTEE REPORT OUT

So much talk by Board President Danny Johnson about “getting to the bottom of the MID POU issue” but after several months of waiting for the investigation “report out” by this committee as to the exact number of properties involved, location, fees paid, and their actual status, turns out nothing of substance has been done.  Purely a stalling technique.

LET’S PUT THE FOX IN THE HEN HOUSE AND SEE WHAT HAPPENS

The lack of a committee report in itself is not surprising considering Director Emery Ross was apparently on that specific committee.  Shouldn’t that be some kind of a conflict of interest?  Why on Earth would Emery Ross want an investigation and then public announcement of how he (and others) wrongfully obtained their water service after having being denied such by the LDPCSD?

STALLING DISTRICT PROGRESS

Current LDPCSD Director Emery Ross, and those who continue to support his special interest MID POU bullshit, have successfully obstructed meaningful district progress for the last 25+ years.  Why is our infrastructure failing?  Wasn’t it Mark Twain who said something like: “Whiskey is for drinking, water is for fighting over”.  And that is exactly what this District has done for decades – fight over water! (don’t know what participants consumed after fighting over water.  Lol)

So much money and time wasted on providing “special benefit groundwater substitution services to outside Merced Irrigation District Place of Use properties that CAN NOT USE MERCED RIVER WATER under water license 11395 for their land development projects”.  Pure and simple.  (without publically funded groundwater substitution)

“HEY THIS GUY PETE KAMPA & his KAMPA COMMUNITY SOLUTIONS llc CAN HELP US!

Then, in October 2014 with the possibility  that our community may have obtained a GM who knows how the “water industry works” and could help dig us out of DECADES OF  IRRESPONSIBILITY and NEGLECT- it turns out he has been a hardcore supporter of Emery Ross and the Outside MERCED IRRIGATION DISTRICT PLACE OF USE folks for years!

Even though Kampa laughs it off as a “conspiracy theory” [excellent movie incidentally with Mel Gibson] I still believe Kampa was specifically brought back to Lake Don Pedro CSD to finish the MID POU expansion plans with which he was involved over twenty years ago – right here in Lake Don Pedro.  [Don’t forget that it was Emery Ross who telephoned KAMPA with the “confidential information” that the GM position was opening up— and PRESTO!   A closed recruitment process where the only possible selection for GM was, (drum roll) PETE KAMPA & his KAMPA COMMUNITY SOLUTIONS llc, professional management company.

Sure would like to know the facts around why PETE KAMPA left here the first time (1997).  My understanding is he was possibly looking at employment termination anyway – but who knows? Considering the pitiful record keeping/security of this district I seriously doubt any uncomplimentary information remains.

Heck-we don’t even have a legitimate water service map!

KAMPA RETURNS WITH TOOLS AND BOARD SUPPORT TO COMPLETE OUTSIDE MID-POU DREAM EXPANSION WITH PUBLIC FUNDED GROUNDWATER

Ahhhh, but this time around ‘ol Pete was not the new guy.  This time he returned with a wealth of knowledge, experience, and important State of California “water contacts” (heck he used to teach water related instructional classes for the CSDA!)  and immediately began misrepresenting our district’s situation to every entity you can think of in order to obtain the substantial amount of State and Federal government grant money necessary to establish his “ALTERNATE SOURCE OF WATER” for his GROUNDWATER SUBSTITUTION PROGRAM.]

WHAT INFORMATION WAS OBTAINED DURING THIS EXHAUSTIVE RESEARCH OF THE MID POU ISSUE FOR MONTHS?

Apparently the only research conducted and provided to the public thus far was performed by GM Kampa and his friend & sitting Director Emery Ross -“The infamous cattle ranching ICON for outside MID POU GROUNDWATER SUBSTITUTION”.

STATE AUTHORITY ON “WATER RIGHTS”  “IS WRONG?”

Heck, even Board President Danny Johnson now states there are questions as to whether the map on file with the SWRCB (State Water Resources Control Board) is correct. WHAT?

(Is there some type of “brainwashing” going on in those “closed sessions”)

Why would Johnson believe the map “might be incorrect” without simply requesting and viewing it himself?  You would think if there were any question regarding the legality of the District’s operation concerning service you would start with the official map of where you could serve the MERCED RIVER WATER your SURFACE WATER TREATMENT PLANT had been PUMPING FOR THE LAST 36+ YEARS!

DEAR LORD – unbelievable!  at least first get the official map – then complain that it isn’t what you want to do.

WILL IGNORING THIS PROBLEM AND REFUSING TO OBTAIN THAT MAP CHANGE WHAT THE SWRCB STATES IS THE LEGAL SERVICE AREA FOR MERCED RIVER WATER DIVERSION UNDER L11395?  Of course not!

They are only using this stalling technique to run out some time clock that is ticking away.  Is it the MID FERC HYDROELECTRIC RE LICENSING ISSUE?  MID sure was right in 1980 – and if their opinion has not changed, they are right now in 2016 –

The LAKE DON PEDRO COMMUNITY is not only irresponsible, but also incapable of protecting the very water license that provides a valuable and necessary resource.

SEEMS LIKE A CONTINUING MULTI-YEAR NIGHTMARE

I can’t believe that SWRCB map (aka Merced Irrigation District Place of Use map for Merced River water use under water license 11395) has not been on our LDPCSD office wall with all other relevant information regarding the necessary GROUNDWATER SUBSTITUTION PROGRAM to supply WATER to properties OUTSIDE THE MIDPOU. It is a fact.  It has been a fact for 36 years.  But still NO MAP?  Pure KRAPA!

I am not against anyone receiving water, but the district must do it in a lawful and ethical way.  There is always a way around a problem but the factual situation, truth and a sincere attempt to remedy, must be components of that solution. If the problem started with lies and false information – that needs to be corrected and set straight first!   How can you correct something built on lies?

HERE WE GO WITH “BACKGROUND” AGAIN.

Most if not all of the following has already been posted somewhere on lakedonpedro.org – don’t have time to look it up now-  but check out the TIMELINE:  https://lakedonpedro.org/01-time-line/

EASIEST WAY TO DESCRIBE THE MID POU BOUNDARY?

Although the two are legally unrelated, my understanding has always been the SWRCB L11395 map where MERCED RIVER WATER USE IS PERMITTED is essentially the Lake Don Pedro residential subdivision with a few recreational exceptions around Lake McClure, Lake McSwain and a Salmon farm.  (There was one for a mining operation but I believe that was abandoned.)

CPUC TRANSFER APPROVAL AND THE LDPCSD FORMATION

Reading the California Public Utilities Commission [CPUC] approval of the transfer of facilities and assets from Sierra Highlands Water Company to the LDPCSD clearly indicates that our SURFACE WATER TREATMENT PLANT was specifically created to serve the LDP residential subdivision, however, properties  already receiving water from Sierra Highlands would be accepted into the new LDPCSD as well.  Sounds fair huh?

EXISTING CUSTOMERS?

There’s the rub.  This (apparently) is where the “SHIT HIT THE FAN” because there were many thirsty property owners and speculative land developers all around the new LDP residential subdivision claiming prior existing and promised water service. [This was also addressed in the transfer by Sierra Highlands – ANYTHING not specifically detailed in that transfer agreement was not to be passed on to the new LDPCSD public agency.]

SIGNIFICANT NOTE: Extremely important CPUC transfer language was apparently changed by DISTRICT PERSONNEL to expand the water service area and include properties clearly not entitled and this DISINFORMATION was inserted into our LDPCSD historical records!  And so the fraud began with the fabrication of a legitimate document.  Shame shame shame.

 

 Decades of LIES!

 

IS FABRICATION OF PUBLIC RECORDS STILL A CRIME?  Undoubtedly this fabricated document was also used as evidence from time to time before other unknowing (or playing dumb) authorizing/permitting individuals/governmental entities.

IF A PICTURE CAN BE WORTH A THOUSAND WORDS –

A FAKE MAP CAN BE WORTH MILLIONS OF DOLLARS!

 

Later the LDPCSD purchased high priced color plotting equipment and software (without appropriate certification or training) to quickly MANUFACTURE THEIR OWN GIS (Geographic Information System) MAPS WHICH DID NOT NECESSARILY DOCUMENT LEGAL BOUNDARIES, but rather, where the LDPCSD (those in charge at the time) desired to provide expanded water service.  Many of these maps have been repeatedly copied and modified for various purposes to the point they are laughable as any sort of evidence.

 

One thing that has always struck me as peculiar about many LDPCSD maps – and a definite warning sign as to authenticity, was how such purported OFFICIAL MAPS rarely had a date, identity of the issuing authority, or other relevant information (usually contained in a title block) such as number of revisions, compass heading and scale. If not for the fact these activities were so serious and damaging to others – what this district has produced and attempted to pass off as “evidence” is laughable.

WHY IS DIRECTOR ROSS SO INVOLVED IN THE MID POU?.

When Boise Cascade was constructing the LDP residential subdivision water infrastructure in the 1960s, they discovered another water tank site was needed to maintain correct pressure and flow in the northeastern portion of the development.  Ultimately, the Sturtevant Ranch owners agreed to provide the land and easements necessary for the “STURTEVANT TANK” in exchange for 10 water meters that could be used by that ranch in a designated area in the future.   Documents were recorded with the LDPCSD and substantiated the fact 10 water meters were on the “Sturtevant Ranch account”.  With me so far?

When Emery Ross came to this area (early 1990s) and purchased his ranch property he was clearly advised by the seller (Sturtevant Ranch owners) Emery had no right to a water meter.  Ross purchased the property anyway but then attempted multiple times to obtain service but the LDPCSD steadfastly refused.  He was clearly out of the MID POU service area.

Several years later a Sturtevant family member attended a LDPCSD meeting and discovered Emery Ross had somehow obtained one of the ranch’s water meters (obviously with some sort of assistance from LDPCSD personnel).

STURTEVANT RANCH LETTER

This prompted an investigation which revealed there were several other properties which had also WRONGFULLY obtained these STURTEVANT RANCH water meters along with a FALSE WATER SERVICE ACQUISTION DATES – which I believe still remain.  (Dating back to the residential subdivision development.)

CAUGHT – BUT NO METER REMOVALS

Even though the wrongful acquisition of these water meters was eventually discovered (RECORDS IN THE OFFICE WERE MISSING/COULDN”T BE FOUND – another BIG CLUE) the water service was never discontinued so these OUTSIDE MERCED IRRIGATION PLACE OF USE PROPERTIES had to be furnished GROUNDWATER from our (at the time) only emergency groundwater well, along with all the other properties (35-36 total – including Emery Ross’s commercial cattle ranching operation).

For decades other outside MID POU property owners have tried to get water service (who can blame them for that? – whether a single home, cattle ranch, or a subdivision – in these drought prone foothills everyone wants water – but they want someone else to be “ON THE HOOK” if an expensive ground well fails) but were denied due to the GROUNDWATER SUBSTITUTION PROGRAM requiring construction of many more extremely expensive groundwater wells.

WHAT THE FRACK IS HAPPENING HERE?

Here is a small portion of the 40 pages of very confusing material presented by KAMPA:

“The LDPCSD has two different boundaries that were set by the Mariposa County Local Agency Formation Commission or LAFCO upon the formation of the District in 1980.

The District boundaries are the limits within which the district has the exclusive authority to provide the water and wastewater services for which the district was established.

The District boundaries were set based on the best available information in 1980 and have not since been amended.

The district “sphere of influence” boundaries is established by LAFCo as basically a planning area, outside the current district boundaries where logical additional expansion of our services may be necessary.

The attached district boundary and sphere of influence map shows nearly identical boundaries, with some very small variances.”

 

What?  The above certainly flies in the face of the numerous annexations to the district that Tuolumne/Mariposa County LAFCos made in the 1980’s and 1990’s. 

How could these properties be annexed into the district (one example I have provided on this site was IF the LDPCSD didn’t respond to a county request for response  the proposed project  could be DEFAULT APPROVED for lack of response! – https://lakedonpedro.org/01-time-line/maripco-planning-request-for-2006-154-comments/) if they were already within the district service boundaries created by LAFCo at formation in 1980 – according to PETE KAMPA’s report?

But how can Emery Ross receive water when his property was never even annexed by LAFCo?  Or the POE PROPERTY MULTI-METER CASE where neighboring APNs (Assessor Parcel Number) were used by a family to fraudulently obtain two more water meters for the same property! (Friend of Ross incidentally)

SIDE NOTE:  My understanding is there has only been ONE OFFICIAL ANNEXATION APPROVED BY THE SWRCB FOR OUR LDPCSD – that being South Shore for 2,010 acres and 772 af of MERCED RIVER WATER, but that never developed, is still “on the books”, and our district doesn’t receive a thin dime!

 

Well, the above information is way ahead of the video clip, but it is taking so long to upload/down load – just trying to get through the meeting.  Hopefully I can get caught up this weekend.

 

My best to you and yours, Lew

 

 

 

I am really frustrated and tired – all sorts of work to do at home but the information Kampa provided at the last meeting regarding LAFCo involvement in the LDPCSD water service boundaries makes no sense at all….UNLESS…..IT IS FACTUAL, but that would make past district activities I already believe to be irresponsible and reprehensible public service even more egregious and fraudulent.  But it sure might explain why there has NEVER BEEN AN OFFICIAL DISTRICT SERVICE MAP!  (But I’m getting ahead of the chronological reporting of the meeting- sorry.)  I think focusing on this MID POU issue is most important right now.

Here’s the fist video offering with some highlights (the new software took waaaaaaay to long to upload and download – need to find out why.  Think the clarity is any better?  Maybe shorter clips?)

Later, Lew

 

_____

Merriam Webster online

Full Definition of pollute / polluted /polluting

1. transitive verb
2. 1 a :  to make ceremonially or morally impure :  defile b :  debase 1 <using language to deceive or mislead pollutes language — Linda C. Lederman>

___

Let’s see…, how about some more pleasant stuff first then we can ease into this pathetic excuse for a well managed public agency?

The area received a small bit of rain yesterday (Wednesday) and the day before.  Certainly nice to wake up in the morning to the smell of rain rather than that smoke.  Despite the minimal precipitation (I could spit the equivalent within a square foot) I still got caught with tools out again, geez – never fails.  When heavy rainfall is forecast with warnings I put everything up……then nothing, not even a drop,k yet if there is a remote possibility of scattered showers and I leave a few things out – spit spit spit spit!    LOL  Not that there was any damage at all, it’s just the fact I got caught again…perhaps next year I’ll be ready for the first rain?

Still working on the firewood supply for fall-winter heat.  That’s something else I will have to give up as I “ripen with age”.  A lot of work but there is something about a wood burning stove during cold weather – kind of like a connection to outdoor camping without all the other pain in the ass preparations.  Removed what remained of a plastic cover exposed to UV light….never again!  Strange, I’ve had great success with some other manufactures of the stuff a while back but lately the product has been of very poor quality.   What a frigg’n mess with all the tattered sun-beaten pieces of crap plastic blown around by wind.  Where applicable I will be exclusively  using shade cloth for now on.   Made some “future appreciated improvements” – maybe, if I live that long.  Was already to close out one project when I asked myself…..”what if you have to do this again before death or forced into a health care facility at some tender age? Going to pay someone else to do the work?  Nawwww.”   So the project evolves into something more time consuming, expensive, but ultimately stamped with “geriatric Lew approved” (based on this particular period of life activity which of course will likely make all those thoughtful changes absolutely meaningless in a few years!)  LOL

Trying to learn some new software (last video attempt) but I’m not working with it enough between everything else that needs to be done around here before the hopeful (gasp) SERIOUS RAIN!  When I don’t stick with this stuff….I forget how to perform certain tasks……oh that reminds me:  SHOPPING:   more post it pads, pens, notebook paper and garbage bags (all fit together nicely don’t they?)

OK, enough “feel good delay”……on to the Monday, September 19^th, 2016 LDPCSD Board Meeting……….

THE DISHONESTY MAKES ONE WANT TO VOMIT

Another late starting meeting and inconvenient “unnumbered agenda packet”; typical distribution the weekend before the Monday meeting with missing material later presented by RGM KAMPA (remote GM) at the meeting guaranteeing no reasonable opportunity for study or fact checking prior to discussion; a summary of Director Ross comments from last meeting supposedly regarding how he obtained outside Merced Irrigation District Place of Use water service to start his cattle ranching business in 1993 – was reported to have been attached to the agenda – but it was not (it will be included in the later “website agenda/packet edition”.  Personally I believe such activity could misrepresent what actually occurred at that meeting.  What Ross actually said at the meeting was the record, not something written afterwards outside that public environment.  Why should Director Ross be provided this additional time/space to better explain his appropriation of water service after being specifically denied by the district?  How can one challenge material LATER INSERTED INTO THE RECORD AFTER THE MEETING?  Attaching that summary (and whatever it might contain) to the meeting agenda on the website implies it was presented and reviewed at the meeting.  How can such material – which has never been seen before later be misrepresented as part of the public meeting on the website?  Sneaky sneaky sneaky.   (Potential government transparency award to KAMPA & KOMPANY by the CSDA?  Absolute GARBAGE!  Such a shame that an otherwise responsible organization like the CSDA (CALIFORNIA SPECIAL DISTRICTS ASSOCIATION) can be used to cover-up KAMPA’s dishonesty.)

Gosh after theft, arson and outright fabrication of our district records KAMPA & KOMPANY can now pick and choose from what is left as “district evidence” to support his WATER EMPIRE DREAM while simultaneously SANITIZING current information for his purposes as well.  Same old techniques to prevent, obscure and dismiss customer comments and complaints with timer beeps; other interruptions, Director rebuttals to comments, CLEAR VIOLATION OF DISTRICT POLICIES, etc. – all used to produce an “official record” with no evidence of customer complaints/dissatisfaction or requests.   KAMPA controls the information but does not tell the truth regarding this MERCED IRRIGATION DISTRICT PLACE OF USE issue as to where MERCED RIVER WATER CAN BE DIVERTED AND SERVED WITHOUT HAVING TO USE A SPECIAL BENEFIT GROUNDWATER SUBSTITUTION PROGRAM PAID FOR BY THE 99% OF LEGAL MERCED RIVER WATER USERS WHO RECEIVE NO BENEFIT!  Folks, this is major fraud perpetrated against innocent property owners of the LAKE DON PEDRO subdivision who have been paying for this special benefit to land developers outside the Place of Use for decades.  KAMPA’s pursuit of further OUTSIDE PLACE OF USE expansion is precisely why those groundwater wells were constructed with public funds…..to create the “ALTERNATE SOURCE OF WATER” to circumvent L11395 restrictions!  

PUBLIC COMMENT

Prior to Public Comment I provided the below request to all directors, GM, Board Secretary and audience members in preparation for Agenda Item 5g: “Informational Presentation Regarding the establishment and location of District Boundaries, Sphere of Influence and Lake McClure Place of Use Boundaries.”  Wait until you see how this most important LDPCSD operational regulation discussion was delayed; planned to be quickly heard, misrepresented by KAMPA and almost completely passed over! 

HOW CAN THIS MAJOR OPERATIONAL RESTRICTION ON WHERE MERCED RIVER WATER CAN LEGALLY BE SERVED BE INTENTIONALLY IGNORED/CONCEALED FOR DECADES WHILE 99% OF THE LEGAL MERCED RIVER WATER USERS IN THE LDP SUBDIVISION CONTINUE TO PAY FOR A SPECIAL BENEFIT GROUNDWATER SUBSTITUTION PROGRAM FOR LAND DEVELOPERS OUTSIDE THE PLACE OF USE UNDER WATER LICENSE 11395 UNDER WHICH OUR DISTRICT HAS OPERATED SINCE 1980?

Would subdivision property owners also accept paying for that money losing sewer system around the golf course even though they receive no benefit?  What’s the difference?

What the hell happened to HONEST PUBLIC SERVICE?

Where is the accountability?

Did you know the MERCED IRRIGATION DISTRICT was initially opposed to the formation of the LDPCSD?

Yup, they did not believe the District would be responsible.  Boy where they right!

My best to you and yours, Lew

 

 

I am finding it increasingly difficult to listen to anymore LDPCSD meeting recordings for a number of reasons.  One of the most significant is the fact that what I repeatedly hear and observe is only a diminished local reflection of a much more serious crisis facing our entire nation – that being, a systematic lack of governmental accountability for intentional wrong-doing which harms others.

Closely associated with this “accountability failure” is the simultaneous attempt to dismiss resulting injury as having minimal or insignificant effect upon constituents, and therefore, the intentional wrong-doing itself is mysteriously excused and accepted as “just politics as usual” – “move on folks, nothing to see here”.

Naturally, accepting such exculpatory rationale is dependent upon whether you were/are personally injured in some way by the wrongful activity. When injustice happens to us personally (especially when directly affecting our finances) we tend to pay much more attention to detail than if it is merely a terrible story in a newspaper regarding someone else’s misfortune in being victimized by the “powers that be”.

I have been repeatedly told that customers simply do not care – at least until such activities actually affect their pocketbooks which is actually the trap because by the time people realize they are paying much more than they should for services received it is too late to stop and/or correct the wrongful activity.  Please realize I am not referring to simple “human error” or accidental damages resulting from otherwise sincere efforts to assist the public because that is understandable, probably even expected.  I am specifically referring to the slow, methodical, and deliberate execution of a multi-tiered plan specifically designed to achieve certain results with complete disregard for any semblance of ethical or moral standards – much less concern for the foreseeable negative financial consequences to the 99% of entitled, and innocent, Merced River Water using customers.

Certainly most folks are already too busy surviving all the responsibilities and duties in their own lives with little or no time to spend researching water rates/fees, or why they are expected to finance a special benefit water service they did not request or even need.  Believe me, I understand completely because I too have other things more pressing in my life that are in need of attention but at the time believed, and still do, the decades of obvious deception by our local Lake Don Pedro Community Services District was deserving of some public reporting, attention and hopefully, ultimate correction.

Heck I didn’t learn the truth about this water service map deceitfulness until after serving four years on the Board of Directors when I discovered the information on the California Public Utilities Commission website was different than our District records!  The idea that fabricated documents could reside in the District office for so many years and were provided to those who asked for the information is absolutely appalling and a very big clue as to how serious this conspiratorial breach of fiduciary duty has been.

Where are the governmental watchdogs to protect citizens?  Who gives a flying rat’s ass about the regular customer’s mushroom predicament of being kept in the dark and fed absolute bullshit for decades?

Yup, difficult it is – if not impossible – to stop those who have and will continue to profit by such an outrageous deception especially when something as simple as water license restrictions to service are not prominently displayed on the LDPCSD website for public review and appreciation.  Unfortunately, money/power (the two seem inexorably linked) are obviously far more influential than any blah blah blah postings on an insignificant nonprofit amateurish website which repetitively complains about the District’s lack of clear regulation adherence and the resulting unfairness to its legal water rate and fee paying customers.

As initially noted, Lake Don Pedro is a microcosm of a much larger problem facing our entire nation.  Appreciate that taxpayers are already saddled with a tremendous financial burden which will of necessity be greatly increased if the failed policies of the last several years are continued by a vote of “the people” in this November’s presidential election.

Regular viewers of this site know local issues have always been the primary focus of lakedonpedro.org leaving national politics and other serious societal issues such as drug/alcohol abuse, criminal activity, sexual orientation, religious beliefs, immigration, etc. to the “professionals”.  Part of the rationale for this approach was the belief there was a far more realistic opportunity for positive change on the local level without introduction of larger issue variables which would likely confuse and distract from the intended purpose of discussion – local change.

Perhaps this was an incorrect approach as it is painfully obvious to me now all are interconnected and share the common denominator of a profound lack of respect – for other people, our laws, and that for which our Country had previously and proudly stood.

God Bless America.

My best to you and yours, Lew

Going to try something different to reduce the time and the space required (on the hard drive/server with this audio/video word for word stuff) to get a meeting report out.  Going to jump around some of the more routine “house keeping” duties (Consent Agenda, belabored discussion going nowhere, etc.)

A potential award for the LDPCSD’s transparency in government?  Wow.  Sounds fantastic – if it is actually earned through providing important operational information to customers of this District on the website- like the official Merced Irrigation District Place of Use map for MERCED RIVER WATER under water license 11395.

Come to think about it, anyone interested in purchasing property in this area should be aware of the…….oh my….ahhhhh, is that why there is such reluctance to tell the truth about this GROUNDWATER SUBSTITUTION PROGRAM for outside POU developments?  The SO-GOSIP influence?  [Same Old Group Of Special Interest People]  Don’t want new or potential owners of property in the MERCED RIVER WATER ENTITLED SUBDIVISION to know what they are actually buying into with the local water company?  Not a great selling point that every owner of property in the Lake Don Pedro Owners Association (LDPOA) [with exceptions on the Tuolumne County side] are mandatory customers of the Lake Don Pedro Community Services District (LDPCSD) and will be subsidizing private developments outside the Merced Irrigation District Place of Use per water license 11395 through a SPECIAL BENEFIT GROUNDWATER PROGRAM?

Or is it the “movers and shakers” of the massive holdings of property outside the MID-POU that are suppressing such information getting out?  Have promises already been made?  Worse yet – under the table agreements or contracts for future Outside MID-POU water service?  For gated/non gated  residential developments?  Ranchettes?  Whatever!

What about KNOWN DISCLOSURES FOR PROPERTY TRANSFERS?  You know, little things like whether the property is in an SRA (State  Responsibility Area) for fire services?  Available schools?  Dangerous conditions, etc.    Something is very wrong when information concerning the provision of such a necessity for life (WATER) is intentionally withheld from the existing customers, much less the public.

Years ago I suggested forming some type of Special Benefit Zone for those properties Outside the MID-POU.  The District could perform treatment, storage, transportation and billing so long as the developers of these projects were financially responsible for producing the water for replacing the MERCED RIVER WATER DIVERTED for their service – and that means all of it!  Monitoring, maintenance, repair, and future replacement.  There are enough properties outside the MID-POU that could benefit and share the costs of such a benefit zone.  Why should District customers not receiving the benefit be responsible for related expenses?

GOSH!  Sure seems like we’ve heard this before huh?  Yes indeed, and I will keep bringing it up until there are some answers to decades old legitimate questions. (The, “Because we said so” answer doesn’t work any more.  You know, with this government transparency theory and all….lol)

 

Anyway, part [A] of the August 15, 2016 meeting.  Transparency Award?  Good Grief!

PART XII.  Finally, the regular monthly meeting for July 18, 2016 is done.  Just in time to start reading and studying the August 15, 2016 agenda/packet received very late yesterday – as is so typical.  Late Friday before the Monday meeting.  Jeez. if not for the Brown Act we likely would not receive ANYTHING!

Unfortunately I could not identify all Director votes with the audio recording I had so the agenda/packet with last month’s Minutes were helpful.   Vote was approved 4:1  with Director James Sult abstaining for lack of pertinent information.  Good job Jim  (wish customers had four more directors like you who read and understand the material and don’t just “rubber stamp” whatever Kampa proposes.

I have a very bad feeling about what these four directors have just approved…..like a ticking financial time bomb that will eventually explode leaving innocent ENTITLED MERCED RIVER WATER USING CUSTOMERS TO FUND A SPECIAL BENEFIT WATER SERVICE (GROUNDWATER SUBSTITUTION FOR MERCED RIVER TRANSFERS) OUTSIDE THE MERCED IRRIGATION DISTRICT PLACE OF USE UNDER WATER LICENSE 11395 FOR INCREASED LAND DEVELOPER PROFITS.

Sure would be nice if the DISTRICT would focus its attention on the job it was created to perform in the first place.  later, Lew

 

PS:  ONE MORE VIDEO TO GO….the July 18, 2016 SPECIAL MEETING at 6PM  (This was one of the reasons the July monthly meeting was held in the GYM – thanks again Directors Emery Ross and Russell Warren for re-locating our July monthly meeting.)

KAMPA VOICE OF THE DISTRICT?

(Since that was the description with which Board President Danny Johnson referred to our GM, why not use it for this series of videos?)

anyway, the video for PART XI is finally done.  But first……some pre-video highlights.  lol

RESERVE FUNDS $

The proposed RESERVE FUND ACCOUNTS, which KAMPA & KOMPANY advocate the Board institute, must have a substantial amount of money in them, and since the district DOES NOT HAVE THAT MONEY NOW it will be necessary to obtain it from customers in the future.  This will likely occur with a PROPOSITION 218 vote of “some” of the paying customers.

The actual amount of money needed for each of these accounts (or target account balances) is an UNKNOWN at this time which essentially equates to a sort of BLANK CHECK TYPE SITUATION.   [We don’t know how much money now, but will eventually start charging customers later after we agree on how much we can “squeeze” out of them.  (Good description Wes).  Dear Lord, are customers really that uniformed?  Perhaps gullible?   Want to buy a bridge?]

Naturally, extensive and costly research must be completed to ascertain WHAT THE WATER DEMAND might be for each proposed land development project when proposed and that estimate must be sufficient to meet the estimated high water demand when the project is complete and water is flowing.

The process to determine what the water demands might be are time consuming and costly but when complete a dollar figure amount will be placed on each account and customers will subsequently be charged a rate/fee to start putting money into these accounts.  (Some of the accounts make perfectly good sense, others will be used to pursue this GROUNDWATER SUBSTITUTION SPECIAL BENEFIT.

ANOTHER KAMPA & KOMPANY DECEPTION?

But once again the District (Pete Kampa & Kampa Community Solutions, llc) purposefully confuse this issue of further OUTSIDE Merced Irrigation District Place of Use (MID-POU) water service by glossing over some very important facts.  Facts, which in themselves, frame this GROUND WATER SUBSTITUTION PROGRAM in terms of what it truly is:

a SPECIAL BENEFIT WATER SERVICE never contemplated in the original design, intent, and construction of our SURFACE WATER TREATMENT PLANT with a whole slew of potential pitfalls which will cost customers an outrageous amount of money for perpetuity!  You are witnessing the groundwork for this obscured financial nightmare right now.

Consider this:

SUBDIVISION LOTS INTENDED TO RECEIVE WATER

Property lots in the subdivision already have lateral service lines installed and are ready for water delivery with only the addition of a water meter to document the amount of water used so a monthly bill can be generated for payment to the district to cover the costs necessary for that water delivery.

SUBDIVISION PROPERTY USE ALREADY DETERMINED

Subdivision lots are governed by CC&Rs (Covenants, Codes & Restrictions) which are generally far more restrictive than their respective county building and planning codes.  With a few exceptions, subdivision properties were specifically intended for single family residential purposes with the normal outbuildings associated with such residential use.

SUBDIVISION “AVAILABILITY FEES” REASONABLE

Since the average size of one of the over 3,100 subdivision parcels is under two acres, a reasonable formula of determining what an owner should pay for water availability fees was set at $60 per acre, with a maximum of 3 acres, or $180 a year.

So an owner with a one acre lot pays $60 per year added to their property taxes; an owner of a 1.6 acre lot would pay $96 a year (1.6 x $60 = $96), but owners of 3 acre and 5 acre parcels would both only pay $180 a year due to the “cap” on the maximum fee that could be established [$180/year].

Please appreciate also that even the larger parcels in the subdivision fall under the CC&Rs established for that unit of the subdivision which are again, as most owners know, generally far more restrictive than respective county ordinances.

CONCLUSION

Estimating the water demands for developments in the subdivision are relatively simple since options and uses for those property developments have been severely reduced by way of subdivision CC&Rs.  Everyone knows how they will likely be developed.

THESE ARE EXTREMELY IMPORTANT VARIABLES

Where the project will occur is known: in the subdivision where lateral service lines were already installed decades ago.  (This is very important engineering wise where distance, elevation, and pressures are critical to proper water transmission from the plant to the customer’s property.)

What sort of development: single family residence with associated outbuildings. (The “average family” uses a predictable amount of water per year.  Which is why “conservation restrictions” take into consideration how many people live in the residence full time.)

Determining an appropriate water availability fee based on property sizes: known acreage in the subdivision.  (Subdivision lots are also relatively small.)

So considering the above, estimating how much water is needed and what the actual costs in delivering that amount of water are relatively easy compared to a VARIETY OF UNKNOWNS when trying to calculate what would be required OUTSIDE THE MIDPOU.

1. OUTSIDE MID-POU properties were clearly prohibited in the water license from receiving MERCED RIVER WATER which is pumped from Lake McClure under water license 11395 held by the Merced Irrigation District.
2. GROUNDWATER from extremely expensive ground wells must ALWAYS PRODUCE SUFFICIENT WATER TO SUBSTITUTE or REPLACE all the Merced River water diverted to Outside MID-POU properties.
3. Water use Outside the MID-POU varies greatly and is not even restricted as to use.  [This is precisely why those wanting to expand the OUTSIDE MID-POU GROUNDWATER SUBSTITUTION PROGRAM want to stop customers from viewing the OUTSIDE MID-POU report in the monthly agenda packet!  Fire stations, sewer plants, other subdivisions, and of course commercial cattle ranches, all consume a tremendously greater amount of water than a single family residence in the subdivision for whom the SURFACE WATER TREATMENT PLANT was constructed.
4. Outside MID-POU water service requires extending service mains (booster pumps, valves, etc.) much further than ever anticipated in the original engineering calculations approved for the subdivision by state and local agencies. (Not sure if any implications regarding the CALIFORNIA SUBDIVISION MAP ACT where county engineers approve of infrastructure for planned developments) Such expansion only diminishes the efficiency and cost effectiveness of the existing service.  This is one of the reasons the district refuses to post the OFFICIAL MID-POU MAP of 11395 water service on the website.  A graphic representation of this issue is much easier to digest than paragraphs of confusing words.  One glance of the map shows the service area is almost doubled – BUT WITHOUT A SINGLE NOTATION THAT ALL PROPERTIES MUST BE PROVIDED  GROUND WELL WATER PRODUCTION.
5. AND FINALLY – TO THE POINT OF THIS PARTICULAR DIVERSION of blah, blah, blahs – how can anyone possibly, much less adequately, estimate OUTSIDE MID-POU water demand and the substantial amount of money necessary to provide such, when there are so many unanswered questions as to the WHO, WHAT, WHEN, WHERE, and WHY of this Special Benefit water service program?

I believe it is not only UNETHICAL, but probably ILLEGAL, TO CHARGE SOMEONE FOR A SPECIAL BENEFIT THEY NEITHER ASKED FOR OR USE.  Why is there such thing as a PROPOSITION 218?

The above is just a first blush look at what Kampa is planning for all of us “ENTITLED MERCED RIVER WATER USING CUSTOMERS” in the subdivision.  Raise sufficient money to continue his special interest benefit of GROUNDWATER SUBSTITUTION for land developers OUTSIDE the MID-POU under water license 11395.  (YES redundant – but very important, so read it again)

Raise sufficient money to continue his special interest benefit of GROUNDWATER SUBSTITUTION for land developers OUTSIDE the MID-POU under water license 11395.

(Copy/paste – cool huh?)   Please also consider this entire scheme is supported with public funds.   When did customers approve to use public funds to increase private land developer profit margins who just happen to be next to a nonprofit public agency?

The Lake Don Pedro CSD has NO LEGAL DUTY or MORAL OBLIGATION to serve and/or expand OUTSIDE MID-POU water service.

(No.  Not yelling.  Just didn’t want any view to miss this little tidbit – is this better….

The Lake Don Pedro CSD has NO LEGAL DUTY or MORAL OBLIGATION to serve and/or expand OUTSIDE MID-POU water service.

This unethical tax/fee scam has hindered the intended proper functioning of this SURFACE WATER TREATMENT PLANT for decades and has cost all customers an untold amount of money and time which, although important, will be insignificant when compared to what it will eventually cost customers in the future.

WHY DON’T THE OUTSIDE MID-POU property owners create their own reserve accounts to support ground well construction, maintenance, repair and replacement?  They are the ones receiving the benefit.  Doesn’t that make sense to you?

 

OH WELL, here’s the video anyway.

Take a guess.

I’m thinking of an adult beverage that is similar in color to the image below……

later.

I was inside the house when I heard that unmistakable sound of aircraft orbiting overhead, yet looking out the window could not observe the traditional column of smoke rising in the sky to identify the location – probably because the atmosphere was already pretty hazy with smoke from all the other much larger fires in the state.  Never heard sirens, just the drone of three fixed wing aircraft (observation & flight control?) and of course a CAL FIRE helicopter which always draws a number of interested locals.

Sure enough, only a couple of miles away, north of Ranchito Drive just east of Banderilla Drive, a small fire behind a residence was being extinguished through the efforts of a number of responding fire units.  Staying away from the immediate area I was unable to confirm, but believed, they were from CAL FIRE and Mariposa County (Lake Don Pedro fire station).  The helicopter was making short trips from the Gregoris Park pond on Ranchito Drive to the fire which appeared to be approximately a mile away.  Obviously our subdivision ponds serve a vital role in fire suppression in this dry, fairly isolated, and drought prone area.

While taking some photographs and video at Gregoris Park I couldn’t help but notice the power and telephone lines running along Ranchito Drive close to the pond which I would imagine makes the helicopter’s approach and departure far more risky.  That got me thinking:  should those large orange “visibility balls” be installed on power/telephone lines near these subdivision ponds where helicopters often dip water for local fire control?   Perhaps there are good reasons for not installing them, but if they could help these pilots in anyway during these dangerous operations, seems any cost could be justified in the name of safety.  Just curious.

Certainly hope there were no injuries/deaths or significant property damage as a result of this, what appeared to be, small fire.

Anyway, GREAT JOB TO ALL INVOLVED, THANK YOU FOR YOUR SERVICE, but most of all, HAVE SAFE TRIPS BACK TO YOUR HOMES, FAMILIES & FRIENDS.  (I’ll raise a toast to your success later)    My best to you and yours, Lew

BELOW:  SHORT compilation of photographs and video clips of the fire suppression.  (UNDER 5 MINUTES!  didn’t think I could do it, huh?   lol)

 

PART X.

Kampa proposed establishing six reserve accounts which will obviously require increasing existing rates & fees along with creating a number of new customer fees.  How much of an increase?  Not known yet – months of study and research to be done first.   wonderful.

Sorry, but I must ask once again:

Why should Merced River water entitled customers of the subdivision pay for a special benefit water service requiring GROUNDWATER SUBSTITUTION from extremely expensive and often undependable wells in this drought prone, fractured rock, foothill area?

Shouldn’t those OUTSIDE MID-POU land developers pay for ALL EXPENSES REQUIRED to produce their special benefit water service which they need and use?

What is so difficult to understand here?  Of course if the District would simply post on its new and improved website the official MERCED IRRIGATION DISTRICT PLACE OF USE MAP FOR MERCED RIVER WATER USE UNDER WATER LICENSE 11395, most folks would understand the problem of what this GROUNDWATER SUBSTITUTION PROGRAM is intended to serve.

Imagine if this substitution special benefit policy is approved by the board…..and later when these ground wells fail and need major work or complete replacement – guess who will be on the financial hook?  

UNETHICAL AND SIMPLY WRONG

This makes no sense since the entitled Merced River water using customers in the Lake Don Pedro subdivision (99% of customers) do not need this special benefit groundwater replacement program. 

 

What is groundwater substitution?

What ever amount of Merced River water that leaves the use area permitted under the water license (essentially the Lake Don Pedro subdivision & golf course) must be replaced with an equal or greater amount of groundwater.  

Example:  IF 5 acre feet of Merced River water (1,629,265 gallons) is pumped from Lake McClure, treated at the LDPCSD plant and then distributed to a neighboring subdivision located OUTSIDE the legal place of use under the water license, 5 acre feet (1,629,265 gallons) or more, would have to be pumped from a ground well source and delivered to the treatment plant as replacement for the river water diverted. 

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Subdivision properties DO NOT REQUIRE SUBSTITUTION as they are legal Merced River water users under water license 11395 held by the MERCED IRRIGATION DISTRICT, and have legally used river water since the district was formed in 1980.  Substitution is ONLY REQUIRED FOR PROPERTIES OUTSIDE THE LEGAL USE AREA UNDER L11395!

SIMPLE/FAIR SOLUTION:

The simple solution would be to form a “special benefit water service zone” [for all properties outside the MID-POU which cannot use Merced River water] where those receiving the special benefit of GROUNDWATER SUBSTITUTION pay for all the costs required to provide the service.  Those benefiting from groundwater substitution should be financially responsible for the monitoring, reporting, maintenance, repair, and of course, replacement of the ground well for that project.

Simply having the land developer drill a well and then deed it to the district only puts the district (and all customers not requiring substitution) on a substantial financial hook for perpetuity!  (Up to several hundred thousand dollars per well.)

All costs associated with this special benefit GROUNDWATER SUBSTITUTION PROGRAM should be PAID BY THOSE RECEIVING THE BENEFIT, therefore, those LAND DEVELOPERS should be the ones required to create and fund the appropriate reserve accounts needed to cover future repairs and replacement of the ground wells serving their project.

Simple and fair and to do otherwise is wrongfully taxing those not receiving the benefit.