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The California Water Code Could Seal the Fate of LEAPS
Why LEAPS is not economically viable
What credible persons and agencies say
Lies, Inaccuracies, and Misleading Statements
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The California Water Code Could Seal the Fate of LEAPS
Two provisions in the California Water Code have come to light that might require the EVMWD to withdraw from the LEAPS Project.
The California Water Code has over 81,000 mind- numbing clauses, so that it isn’t surprising that something important could have been overlooked. The relevant clauses are 71663.5 (b) and (d). They state:
The (electric) power generated (pursuant to this section) shall be used for a district for its own purposes. A district may sell surplus power to a public or private entity that is engaged in the distribution or sale of electricity.
and
A district may not acquire property employed in the generation of electric power for public or private utility purposes, except by mutual agreement between the district and the owner of that property.
The first of these clauses indicates that any electric power generated must first be used in the Elsinore Valley district before any surplus could be transmitted down to San Diego. While this might be arranged with some difficulty, the second clause seems to indicate that EVMWD does not have the power of eminent domain to acquire property to construct the pump/storage facility. This could be fatal to LEAPS’ future.
Doug Pinnow