BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF CALIFORNIA

FILED
12-14-16
04:59 PM

Application of California-American Water Company

(U210W) for Approval of the Monterey Peninsula Water
Supply Project and Authorization to Recover All Present
and Future Costs in Rates.

Application 12-04-019
(Filed April 23, 2012)

REPLY OF CITIZENS FOR JUST WATER (JUST WATER)

TO JOINT RESPONSE TO MOTION FOR PARTY STATUS OF CITIZENS
FOR JUST WATER

Dr. Margaret-Anne Coppernoll

Representative
Citizens for Just Water (Just Water)
3012 Crescent Street
Tel: (831) 578-7877
E-mail: mcopperma@aol.com
December 6, 2016

BEFORE THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF CALIFORNIA

Application of California-American Water Company

(U210W) for Approval of the Monterey Peninsula Water
Supply Project and Authorization to Recover All Present
and Future Costs in Rates.

Application 12-04-019
(Filed April 23, 2012)

REPLY OF CITIZENS FOR JUST WATER (JUST WATER)

TO JOINT RESPONSE TO MOTION FOR PARTY STATUS OF CITIZENS
FOR JUST WATER

I. INTRODUCTION
The Administrative Law Judge authorized a Reply with an email ruling on December 5,
2016. In accordance with the ruling and Rule 11.1(f) of the California Public Utilities
Commission (Commission) Rules of Practice and Procedure (Rules), the Citizens for Just
Water (Just Water) submits this Reply to California-American Companys Joint Response to
Motion for Party Status of Citizens for Just Water (Just Water).

II. ISSUES
On November 30, 2016, Cal-Am filed a Joint Response to Motion for Party Status of Citizens for
Just Water (Just Water), claiming that: the Motion of Citizens for Just Water (Just Water):
(1) is untimely; (2) addresses topics that have already been considered in this proceeding; and (3)
raises issues that are properly addressed in the environmental review of the Monterey Peninsula
Water Supply Project (MPWSP). Just Water disputes each of these claims. NOTE: Cal-Am
has erroneously used CJW in their Joint Response. The correct reference as designated in the
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original Motion is Just Water. The correct designation will be used in this document.
III. THE JUST WATER MOTION IS TIMELY AND GRANTING IT WOULD NOT
CAUSE DELAYS OR PREJUDICE EXISTING PARTIES
Citizens for Just Water (Just Water) was specifically informed by the CPUC Public Advisor
that becoming a party to the proceeding is the most important way that a party can be assured of
formal recognition and input into a CPUC proceeding or hearing. Dr. Coppernoll was informed
that application for this status was not late. There have been several significant Cal-Am
project delays, among these a conflict of interest issue and test slant well exceeding permit
limits, such that a claim of late filing should not be deemed a relevant example of a delay.
All participants in Just Water have individually and sporadically participated in some public
forum or educational venue, as private citizens, to learn more about water issues and make their
concerns known as part of their civic duties and responsible citizenship, but none have ever
participated as Just Water members or representatives to date. Due to the newness of its
formation, Just Water could not have applied for party status any sooner.
Just Water has formed as a grassroots organization consisting of participants who have felt a lack
of any significant individual impact upon CPUC proceedings. With new information now
available regarding the applicability of Electrical Resistivity Tomography (ERT), a group of
citizens has coalesced to give expression to this objective of pressing for definitive scientific
mapping of the affected area.

IV. THE MOTION ADDRESSES NEW TOPICS THAT HAVE NOT BEEN
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CONSIDERED IN THIS PROCEEDING

A. Electrical Resistivity Tomography (ERT)
Dr. Rosemary Knight is a Professor of Geophysics at Stanford University School of Earth,
Energy and Environmental Science, and a Senior Fellow at Woods Institute for the Environment.
Her research on Electrical Resistivity Tomography (ERT) is characterized by Cal-Am as not
new because there were two local preliminary presentations of her research in public venues
addressed to lay person audiences (not to the scientific community).
Dr. Knights latest comprehensive work has been submitted to a professional, peer reviewed
scientific journal and the publication date is expected by the end of this year. Only in a formal
scientific publication can the data she generates be used as the basis for application in the
MPWSP. Basic science must be verified and published. Scientists such as hydro-physicists and
hydro-geologists associated with the project must speak as scientist to scientist through
technically sound research and data. A forthcoming scientific article will be Dr. Knights second
publication on Electrical Resistivity Tomography (ERT) that addresses the Monterey Bay ERT
recent field studies. Dr. Knights first article (along with co-authors A. Pidlisecky, T. Moran, and
B. Hansen), entitled Electrical Resistivity Imaging of Seawater Intrusion Into the Monterey Bay
Aquifer System, covered ERT field studies conducted over two past seasons, 2011 and 2012,
and was published in Groundwater by the National Ground Water Association (NGWA). The
second article will discuss additional, and more extensive, sections of the Monterey Bay using
new, more advanced technology, thus requiring that this significant new subsurface mapping
field test be considered new data.
Furthermore, the applicability of the ERT by using electrodes stretched in cables across
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designated shoreline surfaces has now evolved to other methods capable of imaging larger areas
in 3D mappings through the use of helicopters and concomitant more highly sophisticated
equipment. Dr. Knights research is new and expanding as scientific innovation advances. ERT
has been used to inform water agencies and groundwater technical workshops in California and
internationally. Providing this ERT data and accompanying scientific analysis makes Just Water
input to this proceeding not only different, but unprecedented.
Cal-Am states that the record on the effects of the MPWSP on the Salinas Valley Groundwater
Basin was closed at the conclusion of the Phase 1 evidentiary hearings hence allowing Just
Water to participate as a party could cause a delay in the proceeding. Just Water has no intention
of reviewing previous issues related to the Salinas Valley Groundwater Basin, but rather, Just
Water is interested in those deficiencies or unknowns that have been identified in conflicting
perspectives, and which can be rectified or answered by an ERT mapping. ERT potentially can
substantiate claims on either side of opposing viewpoints, and thereby give more conclusive
evidence upon which CPUC can base its decisions for approvals.
Cal-Am further states that While the Commission must consider the relevant facts in evaluating
Cal-Ams application, it also has an obligation to reach a decision without undue delay. Allowing
Just Water to participate as a party could cause a delay in the proceeding. Just Water does
concur that the Commission must consider the relevant facts and ERT derived facts are
absolutely vital to any responsible approvals. Providing information and new research of stateof-the-art technology and its potential applicability that can enhance high stake decision making
does not, in and of itself, create delays as suggested by Cal-Am. The public may be adversely
affected by such decisions, and is entitled to a neutral, independent, and solid scientific
foundation of information. An important objective is to use ERT data to clarify assumptions and
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assumed information. Just Water strongly contends its compelling contributions to this
proceedings decision-making process are honorably, genuinely offered in the public interest and
for the public good.
B. Regional Justice
The Just Water mission includes the concept of justice. Just Water intends to address local and
regional water justice issues.
It is common knowledge that regional water supply needs continue to exist, i.e., Ord
communities, Watsonville, Moss Landing, rural North County. It is also common knowledge
that seawater intrusion extends well into the Salinas River Basin, and that the Monterey County
Water Resources Agency (MCWRA) has been investing heavily in projects to help reverse that
trend. Likewise, Marina Coast Water District (MCWD) has pursued conservation and water
reuse programs to help protect aquifers and reverse seawater intrusion inroads.
The City of Marina is not a party to this proceeding. Its residents and businesses will be affected
by impacts from seawater intrusion, impacts on MCWD, and impacts on regional water
resources. Just Water expects to speak on behalf of Marina residents and stakeholders.
The future build-out envisioned for the Ord community will very much depend on a water supply
from nearby sources, whether from wells, brackish desal or ocean desal. Ord community buildout is of major interest to other cities as well, from Carmel to Salinas, including unincorporated
Monterey County. Community interest is widespread and high. Just Water plans to make its
voice representative and relevant in future CPUC proceedings, and helpful to the wider
community of residents and owners.

Public interest values are an essential component to CPUC deliberations. Included are concepts
related to water as a public trust, a commitment to public access and public participation,
appropriate fact finding and transparency, and a balance between the corporate utility and the
public interest. CPUC has an inherent responsibility to uphold fairness to customers of utilities.
Similarly, Just Water has a mission to uphold and promote fairness for its fellow citizens.
No other group or agency has come forward with the sole purpose of speaking on behalf of the
wider residential community. Nor has a group come forward to address the need for a more
rigorous scientific effort to produce relevant facts that identify impacts for this larger community.
Just Water affirms its right to speak on behalf of these residents. Just Water will address these
larger regional justice issues, primarily through an emphasis on a vigorous fact-gathering
endeavor via the latest up-to-date Electrical Resistivity Tomography (ERT) technology, all in the
public interest with equity for all residents and enterprises.
V. JUST WATER IS NOT RAISING ENVIRONMENTAL ISSUES
Cal-Am states: Party status is not necessary to participate in the CEQA/NEPA process. Just
Water is not challenging any CEQA findings at this time; references in the original motion were
only to infer the possibility that ERT findings may uncover Significant Irreversible Changes.
The application of ERT technology is also NOT inferring a positive or negative environmental
impact and hence is not to be relegated to the environmental review track as Cal-Am asserts.
ERT establishes real information of subsurface topology in ways that the current projects
dependencies upon sentinel well data cannot remotely approximate. ERT accurately maps areas.
It removes the need for extrapolation and assumptions by producing actual subsurface imaging.
It would be such a fundamental oversight of the CPUC proceedings if ERT implementation is
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ignored and project approvals are enacted. This technology is available today and can be
accomplished within a relatively short time-frame. Such project approvals without the ERT
would be highly negligent.
As stated by Cal-Am in their Joint Response: This proceeding is for the purpose of determining
whether the applied-for project should be approved; it is not a general forum for entertaining
water supply options unrelated to the application of a Commission-regulated utility. (Assigned
Commissioners Scoping Memo and Ruling, June 28, 2012, p. 2.)
Just Water will neither address nor advocate for water supply options. Just Water asserts that
ERT findings from all the specific local, as well as regional, areas affected by MPWSP should be
the fundamental facts upon which all intents, plans, and predictive modeling for the project are
based, and by which any approvals are granted.
Cal-Am asserts: Just Waters interest in protecting the water supply used to serve the Marina
and Ford (sic) Ord Communities appears to be identical to the interests of MCWD, which has
been very active in this proceeding and has advocated to protect the water supply for its service
areas in the Marina and Fort Ord Communities, thus Cal-Am concludes that other parties
represent Just Waters interests.
To assume that MCWD and Just Water have identical interests is erroneous. Just Water
participants have not been satisfied with MCWDs lack of effective advocacy for the Dr. Knight
scientific methodology as no tangible progress seems to have materialized over a year and a half.
Therefore, Just Water will continue to advocate separately and assertively with or without
MCWD. Just Water also embraces an obligation for local public education on the MPWSP
which MCWD has not done, whereas Just Water intends to see this as a priority. Lastly, MCWD
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has a specific goal of preserving water for its ratepayers; though Just Water is also focused on
Marina and Ord communities like MCWD, Just Water is also concerned with a larger viewpoint
of a more regional perspective of critical water sources and the issue of justice served when there
are competing interests.
Cal-Ams Joint Response further states that Just Waters interests have already been represented
by other parties, such as the Salinas Valley Water Coalition and Land Watch, which have
addressed CJWs interest in the Salinas Valley Groundwater Basin by raising concerns and
providing evidence regarding the potential effects of the MPWSP on the Basin. This Cal-Am
statement is not correct because Just Waters interests have not been represented by any other
party in this proceeding. Just Water is not raising issues about the project, nor effects on the
Basin. Just Water brings forth brand new scientific data. This data is currently in the process of
being published in a scientific peer reviewed journal, as mentioned above. Just Water is
advocating for additional new field tests to provide a sound basis for decision making, such as an
ERT field test for the CEMEX site.
Cal-Am suggests that CJWs interests in options beyond the MPWSP match those of Water Plus
and others who have advocated for alternative projects. Therefore, the interests of CJW and its
members will still be represented in this proceeding without the need to grant SJW (sic) status.
This suggestion about alternative projects is inaccurate.
Just Waters purpose for requesting party status is clearly presented herein and in the Motion.
Party status is necessary expressly because Just Waters contributions have not been put forward
by any other party.
VI. CONCLUSION:
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Just Water continues to assert that in participating in this proceeding, it will not prejudice any
party and will not delay the schedule or broaden the scope of the issues in the proceeding. Just
Water has addressed the claims of Cal-Am filed in the Joint Response to Motion for Party Status
of Citizens for Just Water dated November 30, 2016, and contrary to those claims, Just Water
asserts that: (1) the Motion is not untimely; (2) the Motion positively does address new topics
that have not previously been considered; and (3) the Motion does not raise environmental
issues. Just Water urges the assigned ALJ to accept and grant the Citizens for Just Water (Just
Water) Motion to become party to the proceeding.
Dated: December 6, 2016
Respectfully submitted,
//s// Margaret-Anne Coppernoll, Ph.D.
Dr. Margaret-Anne Coppernoll
Representative
Citizens for Just Water (Just Water)
3012 Crescent Street
Tel: (831) 578-7877
E-mail: mcopperma@aol.com

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