I wonder if regulating authorities like the State Water Resources Control Board (SWRCB) approve of our surface water treatment plant intentionally circumventing very clear prohibitions of water service under L11395?

Running “State and Federal Grant money funded ground water” through our treatment plant to magically “WASH AWAY LEGITIMATE RESTRICTIONS” of Water License 11395 is reprehensible conduct.  This is especially true during this severe drought where many communities have been seriously harmed.   Such Director betrayal of fiduciary duty to the District and existing customers is quite appalling in light of the fact these emergency ground wells were applied for, constructed, and quite clearly represented as the remedy for water sustainability for existing customers.  The wells were NEVER MENTIONED AS A MECHANISM to circumvent the law to continue prohibited water service outside license requirements.

Does any of this make sense to you?  Strict water restrictions under penalty of fine for legally entitled water customers while the GM/Board plan to provide ground water from our new expensive wells to properties not entitled to water under the District’s operating water license?  The District has been subject to those regulations since its formation as a Public Agency almost forty (40) year ago but this recent “emergency drought” provided the opportunity for POLICY DECEIT.

Recently Pete Kampa made an issue of the fact the District was going to be legally prevented from pumping below the minimum pool at McClure and stated the ground wells saved us from this horrible situation.  What Kampa did not “come clean” about was the fact the Merced Irrigation District requested the SWRCB to temporarily allow the LDPCSD to pump below the minimum pool which the state allowed.  We could have still pumped water from the lake, but Kampa and his Board wanted to make it sound like IF NOT FOR THE GROUND WELLS customers would have completely run out of water because the district could not have pumped from the lake.  (True while waiting for the state decision the “What ifs” were scary.)

Typical half-truths and self-serving District propaganda to justify a secret plan to continue an expanded water empire with YOUR MONEY!   Considering how Kampa obtained the GM position to begin with, I do not believe for a nanosecond he has the integrity to tell the truth if it does not benefit him, his Kampa Community Solutions, llc water management company or his continued plan of wrongfully expanding district water service.  If this were the honorable and proper thing to do (expanding service with ground wells in this geology) it should have been brought up publicly and certainly explained to State and Federal grant issuing departments/agencies.

ONLY KAMPA “FOR PROFIT PERSPECTIVE” HEARD – OTHERS DENIED VOICE

You know, when the district went along with Kampa’s request to suspend public bidding on expensive planning and construction projects, something else was lost in addition to perhaps a cheaper and more logical way to proceed.  Barring other applicants for projects equated to customers (and perhaps other government agencies as well) only being presented with Kampa’s skewed and self-serving position on the drought’s actual affect on District water service to customers and how to proceed. It was completely his show because other professionals in the water industry, which may have had an entirely different perspective and approach to the problem solving, were precluded from involvement.

Apparently Pete Kampa’s method of operation (after the “fixed” one meeting interview/hiring) was something like, “Severe drought and environmental wildlife releases may leave LDPCSD without water to pump from Lake McClure.  I have the knowledge and experience to keep water flowing but it’s “my way or the highway”.   The board decided to “go with the Kampa flow”.

Remember how shortly after being appointed to the GM position Pete Kampa (with the Board’s blessing and approval) greatly increased the cost of his services due to the amount of time he was spending on emergency drought matters?  But isn’t that why he was appointed GM in the first place?  Pete Kampa said he was a professional and could do the job for “X” amount of dollars?  Like any good “con job”, once the deal was made and the “mark” (LDPCSD) already on the hook/committed to loss (in for a dime – in for a dollar)  –  he tweaked the profit margin even further to his advantage, but that’s just normal business with a public agency right?

Surreptitious interview/hiring, low-ball the estimated costs to get the job; make yourself indispensable and gather more management authority; restrict public information previously contained in agenda board packets; demand more payment; utilize only Kampa “trusted contacts” without public bidding, then restructure a public agency to provide a special benefit to third parties not entitled to water under the operating license with expensive ground wells traditionally iffy in this fractured rock geology.

Where I did hear this before?   LOL.

“They” want us to believe ONLY Pete Kampa (Kampa Community Solutions, llc); his essentially handpicked and majority appointed Board of Directors; numerous contracted FOR PROFIT companies; and millions of dollars in District, State and Federal grants COULD HAVE HELPED this poor disadvantaged NONPROFIT Public Agency water district get through this drought?

ABSOLUTE NONSENSE

Restless night…..WHAT IF DREAMS…….what if all these Resolutions Pete Kampa and his Board of Directors have orchestrated for this water service expansion plan actually detailed the facts ????  sooooo  sleeeeeepy………..

(Soft relaxing music fades-in with dream sequence imagery)

$$$ $$$ $$$

WHEREAS, The Lake Don Pedro Community Services District (LDPCSD) is a NONPROFIT Public Agency owning a surface water treatment plant operated under Water License 11395 and has been subject to the License restrictions on areas of permitted service since District formation,

WHEREAS, the primary permitted area of water service is the Lake Don Pedro residential subdivision and golf course,

WHEREAS, the Merced Irrigation District (MID) is the holder of Water License 11395 and responsible for adherence to license requirements, including actions of its sub licensed users such as the LDPCSD;

WHEREAS, the District has in the past, with complete disregard for clear license restrictions, did in fact divert and deliver Merced River Water to properties outside the permitted Place of Use under the license,

WHEREAS, the MID, holder of Water License 11395, in order to protect itself from liability from continued LDPCSD service expansion outside areas permitted in L11395 and possible license enforcement actions by the STATE WATER RESOURCES CONTROL BOARD, required the LDPCSD to construct the RANCHITO DRIVE ground water well,

WHEREAS, the RANCHITO DRIVE WELL was intended to provide an alternate source of water and remedy for the numerous illegal connections that were serving Merced River Water outside the Place of Use,

WHEREAS, this ground well was required to produce water equaling or exceeding the amount of Merced River Water diverted and delivered to prohibited properties under the license,

WHEREAS, in addition to the Ranchito Well alternate water supply, the LDPCSD was also required to abide by the MID Water Agreement which contained the MID Place of Use (MID POU) property requirements,

WHEREAS, the LDPCSD was also required to complete and submit a monthly compliance report to the MID which contained the total amounts of water pumped from both Lake McClure and the ground well, amounts delivered outside the MID POU including individual property consumption amounts,

WHEREAS, this MID POU is essentially the Lake Don Pedro subdivision serving approximately one half of the 3,128  properties, the remaining being availability water customers also specifically entitled to Merced River Water under License 11395 and a golf course,

WHEREAS, Pete Kampa and his FOR PROFIT water management business, Kampa Community Solutions, llc, is the appointed General Manager of the NONPROFIT LDPCSD,

WHEREAS, this appointment was accomplished by the LDPCSD Board of Directors which used a closed recruitment process for a public agency GM management position vacancy,

WHEREAS, that closed process was specifically designed to enable PETE KAMPA and KAMPA COMMUNITY SOLUTIONS LLC, a water management corporation, to be the only applicant possibly considered for the LDPCSD GM position,

WHEREAS, the Board of Directors prior to GM appointment (the same day as applicant’s contract was presented to board) deliberately failed to perform even a rudimentary employment background check which would have likely included information as to why PETE KAMPA had been recently fired from his position as GM with the Tuolumne Utilities District,

WHEREAS, had that background check, and validation of submitted materials submitted by Kampa, taken place prior to appointment, said research would have likely revealed prior LDPCSD employment history including performance evaluation difficulties and Kampa’s past involvement with District expansion beyond license requirements,

WHEREAS, the Board’s appointment plan was successful and PETE KAMPA was subsequently appointed to the unannounced opening for General Manager of the NON PROFIT Public Community Services District,

WHEREAS, GM Pete Kampa and company having been appointed by the LDPCSD Board of Directors, began a systematic program of Board approved resolutions granting KAMPA extraordinary powers in LDPCSD management (in addition to being Treasurer), including but not limited to, representative in legal matters, land acquisition negotiations, preparation of State and Federal Grant money applications, orchestrating and completing contracts with consultants, engineers, miscellaneous construction companies and corporations ALL WITHOUT A PUBLIC BIDDING PROCESS, which was also facilitated by a resolution,

WHEREAS, the monthly MID POU report routinely included in the board agenda packet was removed from public view by the GM to prevent further public knowledge of potential violations of the water license by diverting and delivering water to additional outside MID POU properties,

WHEREAS, the NONPROFIT LDPCSD’s surface water treatment plant function and operation is currently being reconfigured by FOR PROFIT companies and corporations, led by the appointed GM with continued support of the LDPCSD Board of Directors whose current board majority is composed of APPOINTED DIRECTORS rather than PUBLICLY ELECTED REPRESENTATIVES,

WHEREAS, this surreptitious reconfiguration is being accomplished during an unprecedented California State drought with state-wide mandatory water restrictions on consumption, with many struggling communities competing for necessary State and Federal emergency grant money,

WHEREAS, this  water plant reconfiguration is planned to supply treated potable water pumped from the NONPROFIT LDPCSD’s water plant after the Merced River Water from Lake McClure has been mixed with an equal amount of water pumped from newly developed and extremely expensive alternate source ground wells,

WHEREAS, these alternate source ground wells are being paid for with NONPROFIT  LDPCSD public agency funds in combination with substantial grant contributions by California State and United States Federal Department water authorities;

WHEREAS, one stated purpose of this grant money was to construct ground water wells for emergency water production and sustainability for the existing LDPCSD customers primarily within the Merced Irrigation District Place of Use (MID POU),

WHEREAS, GM and Board of Directors have scheduled a Special Meeting on Tuesday, February 16, 2016 at 1300hrs at the LDPCSD Board Room for director vote approval of this RECONFIGURATION OF THE LDPCSD Public Agency policy in serving water to  those not entitled under Water License 11395,

WHEREAS, this entire matter has been pursued by the GM and his Board of Directors without ANY, much less adequate, time for public comment, question, or suggestions concerning this monumental change in district policy;

NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, BE IT

RESOLVED: The Board of Directors will do what they want on Tuesday.

BE IT FURTHER RESOLVED: The GM and Board of Directors will continue to expect legal users to pay for this special interest benefit accomplished through nondisclosure of pertinent information and continued deceit.

$$$ $$$ $$$

(Dream sequence and music fades-out)

GOSH, guess I read too many resolutions last night before bed!  Phewww  Those spicy burritos, cream cheese stuffed Jalapenos and hot sauce sure didn’t help much either – what a nightmare!  lol

WHY RUSH THIS MONUMENTAL PUBLIC AGENCY POLICY CHANGE?

Why is it so important for the GM/Board to rush the vote on this resolution?  If approved, this policy will have major long term financial implications for the 99% of legal Merced River Water consumers who MUST financially support this NONPROFIT PUBLIC AGENCY. This is wrong on so many levels and much of the damage will not even become apparent for some time.  (Heck, it took nine years to discover how a current sitting director snagged a water meter from another ranch to build a cattle ranch with chlorinated water clearly intended for residential domestic use in the subdivision.)

Approval of the GMs resolution is a “BAD POLICY TIME BOMB”.  It clearly is a SPECIAL INTEREST benefit to those without water and the DISTRICT has absolutely NO LEGAL DUTY to supply this water yet the whole plan requires PUBLIC FUNDS AND RESOURCES NOW AND IN THE FUTURE.

Why quickly make such major changes to District Policy without adequate time for the existing customers to investigate, comment or ask questions about this proposed massive change in the function and operation of their public water agency?  What happened to transparency of government process?

The GM and his Board are attempting to unilaterally push this dramatic change through without any public notice or chance to be heard, yet all the while pushing for an extremely large rate/fee  increase to fund that which they have already secretly planned.

What is the rush since many of these properties have had “existing connections” for decades and have never been supplied water.  Some were major developments that failed.  Come on now, the District already has 772 acre feet of water a year approved for 2,010 acres by Mariposa LAFCo, Merced Irrigation District, and the State Water Resources Control Board, and that project hasn’t developed in two decades AND it was done legally within license requirements! And this board now wants to expand district water service further outside the license regulations using ground wells in fractured rock geology?  Good Heavens what vision for the future.

Many of these existing connections Mr. Kampa seems so worried about were quickly installed at various times in hopes their existence might one day be used as evidence of intended water service.   Perhaps Kampa when he worked here in the 1990s installed some of them himself since documents unequivocally show he was in favor of such expansion in the past.   I’m not sure how long Pete Kampa worked for the district back then, maybe he was the District employee who helped Director Emery Ross get his “magic meter” for cattle ranching, which even though clearly wrong has also never been addressed and/or corrected?  Rewarding bad behavior.

NO ASSUMPTION OF SERVICE AT ALL

No, not at all.  The existence of connections does not prove an “ASSUMPTION OF FUTURE WATER DELIVERIES” as PETE KAMPA claims.   Many of these properties have intentionally recorded incorrect information in district records for years, but that doesn’t entitle them to water.

REMEMBER the infamous POE CASE?   Three separate meters on ONE PROPERTY yet three SEPARATE APNs (Assessor Parcel Number) of different neighboring properties in LDPCSD official records to make the deal seem legitimate – but no one confirmed the information?

Talk about pure and simple fraud.   Remember also that Emery Ross gave Boardroom testimony about the facts of that case that were unequivocally challenged and proven incorrect by one of the original parties involved.  (Humm, also remember the total destruction of our Administration Office and loss of “some records”?  There’s that nagging coincidence thing again huh?  ONly “some” records?)

Nope, not at all cowpoke, just because a property owner and/or the LDPCSD installed connections and meter boxes on properties and expanded the district boundary outside the permitted water license under which we have operated for decades, it doesn’t give those properties a legal right to subsidized water service on the financial backs of 3,128 +/- legal customers in the subdivision.

Have pipe lines, connections, meter boxes, meters and such been installed on outside MID POU property since Pete Kampa was appointed GM while Resolution 2013-4 has been in effect?

When on the board I suggested some ideas on how to possibly serve further properties outside the legal Place of Use but they all involved those additional properties paying for that special benefit of water service (ie construction and maintenance of additional ground wells) themselves as a group with the District assisting in ways that it legally could.  The idea naturally met with little support.

Why?  Because these property owners who KAMPA AND HIS BOARD plan to furnish water just don’t want our water, they want it as cheap as those who have been paying decades for that benefit.

 

My best to you and yours, Lew

 

AFTER THOUGHT:

KAMPA is touting how the ground wells are COMPLETELY supporting the communities’ water demand, but as usual fails, to mention three relevant facts:

1. Traditionally very low water demand months, especially with recent rain,
2. We still could have pumped from McClure because the State approved such, and
3. Legally entitled water customers are on water restrictions (subdivision)

My preemptive answer to the presumed statement regarding #3:  “Outside MID POU properties are also on water restrictions” would be no, not all of them.  Some outside MID POU properties are not on water restrictions such as the fire department, sewage plant, and of course cattle ranches – how do you make a cow drink less and remain healthy?  (Fire suppression efforts and normal sewage disposal would also obviously suffer without adequate water.)

ANOTHER thought. (Yeah, yeah, yeah…I know….You think it’s irritating?  Every time I want to put this sucker to bed I proof read and POW!  Another thought…….)

“WHEREAS, the District continues to charge the properties within its boundaries and outside the Place of Use the normal and customary Standby Fee on a per parcel, per year basis which creates the assumption that the District will provide water service to those parcels when it becomes available;”

THERE IT IS!  It’s not just about “existing connections”, but also those properties that signed up for the “just in case availability fee”.   The statement is not factual either because some properties have paid ABSOLUTELY NOTHING to the district in the past and were included in the district’s expanded boundaries drawn outside MID POU never-the-less. They even got to vote in elections!  These are the very boundaries PETE KAMPA in 1997 (when resigning from his first employment with LDPCSD) encouraged the board to expand!  Is this why the board wanted only KAMPA as GM?

BLAH, BLAH, BLAH, BLAH, BLAH

YES indeed I write much about this expansion issue (among other stuff) because I think it is important so I make the time.  I have also used much of my time working very hard in order to conserve and use water wisely, as most of us have.   I (we as entitled water users) have paid for, and earned, the right to comment on our public agency performance and what certainly appears to violate the concept of “transparency of government”.

This is especially true when such activity will likely double what we are currently paying for water – if approved by voting customers. [THE ONLY TIME WHAT YOU SAY ACTUALLY COUNTS.]  I have learned much and will continue to improve my water management skills and of course pay my LDPCSD water bill like I always have.  I will also speak up about what I believe to be improper activities by public officials and their “appointees” whether it makes a difference or not.  BAD BEHAVIOR SHOULD NOT BE REWARDED.

Here are some photos of what the drought has meant to me personally.  I have hundreds and hundreds of photos and video clips documenting another aspect of my life during that time period (last photo) but it was pretty painful to share up until now.  Searching for some of these “drought photos”  and rummaging through those images “picked that emotional scab”, but if for no other reason than perhaps helping someone else in a similar situation, I believe it worth sharing soon.    Life is good. <gulp>