HomeMy WebLinkAbout2022-08-16; Municipal Water District; Resolution 1681RESOLUTION NO. 1681
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT, AUTHORIZING USE OF TWO ADDITIONAL
REFUNDS FROM THE SAN DIEGO COUNTY WATER AUTHORITY TO OFFSET
THE RATES THE CARLSBAD MUNICIPAL WATER DISTRICT PAYS THE SAN
DIEGO COUNTY WATER AUTHORITY FOR WATER SUPPLY
WHEREAS, on Feb. 25, 2021, the San Diego County Water Authority Board approved
the first refund to member agencies, including the Carlsbad Municipal Water District, or CMWD, in
proportionate shares for legal damages and interest awarded from the Metropolitan Water District of
Southern California to the Water Authority for stewardship rate charges that had been unlawfully
assessed between 2011 and 2014; and
WHEREAS, on May 11, 2021, the CMWD Board of Directors of the City of Carlsbad, California,
adopted Resolution No. 1653, authorizing use of the first San Diego County Water Authority, or Water
Authority, refund of $1,692,237 to offset the rates that the CMWD pays the Water Authority for water
supply; and
WHEREAS, on Jan. 18, 2022, the CMWD Board of Directors of the City of Carlsbad, California,
adopted Resolution No. 1668, authorizing use of the second Water Authority refund of $1,362,941 to
offset the rates that the CMWD pays the Water Authority for water supply; and
WHEREAS, on June 3, 2022, the Water Authority refunded the CMWD an amount of
$398,486.16 for the CMWD's share of the third refund which represents CMWD's share of attorney's
fees paid by MWD to the Water Authority for litigating the lawsuits; and
WHEREAS, in August or September 2022, the Water Authority is expected to refund the CMWD
an additional $15,707.73 as the fourth refund for the CMWD's share of attorney's fees paid by MWD
to the Water Authority for litigating the lawsuits; and
WHEREAS, the CMWD Board has determined it necessary and in the public interest to approve
use of the additional SDCWA refunds to offset the rates the CMWD pays the Water Authority for water
supply, which will result in offsetting future customer rate increases.
NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City
of Carlsbad, California, as follows:
1.That the above recitations are true and correct.
2.That the SDCWA's third refund in the amount of $398,486.16 shall be used to offset the
rates the CMWD pays the Water Authority for water supply, which will result in
offsetting future customer rate increases.
3.That the SDCWA's fourth refund in the amount of $15,707.73 shall be used to offset
the rates the CMWD pays the Water Authority for water supply, which will result in
offsetting future customer rate increases.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District Board of the City of Carlsbad on the 16th day of August, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Acosta, Norby.
None.
None.
f!PG -rvFAVIOLA MEDINA, City Clerk Services Manager
(SEAL)