By Mary O’KEEFE

In last week’s CVW article titled “Letting the Rain Run Through Our (Future) Drought Fingers” we cited the response from Los Angeles Dept. of Water and Power (LADWP) in regard to a proposed project for water capturing by Crescenta Valley Water District (CVWD).

To recap, for years CVWD has been working on a proposal to capture rainwater that flows down the Verdugo Wash. The Crescenta Valley County Park Stormwater Recharge Facility Project would capture rainwater in two spots along the Verdugo Wash that travels through CV Park. The water captured would be used to replenish groundwater that has been reduced due to years of drought. Presently, rainwater travels down the wash to the LA River and then out to sea. But LA has water rights and, in accordance with its City Charter, it’s their water.

LADWP’s email response to questions included the definition of Section 673(a) of the LA City Charter, which states, “The City shall not sell, lease or otherwise dispose of the City’s rights in the waters of the Los Angeles River, in whole or in part.” Sections 673(c) and 677(b), however, allow the City “[t]o enter into contracts with any public agency for the exchange of water as long as the water exchanged is replaced in full to the City within a reasonable period set by the board.”  

The email response explained that although LADWP could not allow

CVWD to use the City’s water it can “exchange water with Crescenta Valley.”

LA Charter Section 677 allows the City to exchange water with other municipalities.

“This means Crescenta Valley would need to replace, in full, to the City any volume of water that is diverted away from the LA River from another water source. It would be up to Crescenta Valley to evaluate, consider and propose when, where and how to make the City whole in this matter. Some examples could include, but are not limited to, providing an equivalent amount of water using water rights it holds or water from the Metropolitan Water District,” according to LADWP email response.

Water rights in California have been at the center of many conflicts since well before statehood, and those rights are protected by those who own the rights.

“After years of litigation, the California Supreme Court determined in the case, captioned City of Los Angeles v. City of San Fernando, 14 Cal.3d 199 (1975), that the City of Los Angeles holds prior and paramount pueblo rights to the Los Angeles River,” according to LADWP.

LADWP did respond that the department is always open to discussing “opportunities to collaborate and develop local water supplies, provided such projects comply with the City Charter and all other legal requirements,” LADWP stated.

LADWP’s answers to CVW questions always added the caveat that water rights/City Charter and legal requirements would have to be followed with any partnership.

LA County has recently released its LA County Water Plan.

“Los Angeles County Public Works, together with water management organizations and a diverse array of stakeholders, collaborated to support the Los Angeles County Water Plan (CWP), charting a path to achieve our collective vision of equitable and sustainable water resources and a secure water future for everyone,” according to the LA County Water Plan.

“Yes, [LADWP] was part of the LA County Water Plan development. Water rights were discussed at length due to the fact that each adjudicated groundwater basin has specific rules set forth in their respective court judgments and administered by their respective watermasters,” LADWP stated.

There are several mentions of working with other agencies and working together. The “Vision statement” in LA County’s Water Plan includes this foundation of working with other agencies.

“The CWP articulates a shared, inclusive, regional path forward to sustainably and equitably achieve safe, clean and reliable water resources for Los Angeles County,” according to CWP.

Historically, it does make sense that Los Angeles needs to protect its water rights. A majority of the LA area is within a basin. This means water flows down into the basin. If the water is stopped by mountainous communities then less water reaches LA; however, it may be time to reexamine the water rules, especially considering recent rains.

According to the California Water Watch, as of April 22 precipitation for water year-to-date is 130% of historical average.

Several attempts to speak to LA Mayor Karen Bass have been made by CVW but without success. On March 10, the mayor’s office released a press statement on how LADWP had captured over 13.5 billion gallons of stormwater. This amount was up from the capture of 8.4 billion in February 2023.

However, that water in the Verdugo Basin that CVWD wants to capture is not part of LA’s reported stormwater capture.

Next week CVW will look at the CWP plan and how the attitude of “working together” may help with the CVWD project.