Rosamond Community Services District Files Lawsuit in Response to Diamond Farming Company and Bolthouse Farms; Lawsuit in Respon
October 31 2005 - 7:02PM
Business Wire
The Rosamond Community Services District (RCSD) filed a lawsuit
today against corporate giants Diamond Farming Company and
Bolthouse Farms over access to the Antelope Valley's groundwater
basin. The District's action, designed to protect the community's
current and future water supply, is in response to existing
lawsuits filed by Diamond and Bolthouse in 1999 and 2001,
respectively, against Rosamond and other public agencies. Diamond
(owned by Grimmway Farms) and Bolthouse are seeking to take a
larger share of water from the Antelope Valley groundwater basin,
which provides over 60 percent of Rosamond's water. Bolthouse and
Grimmway, both based in Bakersfield, are multi-million-dollar
carrot corporations that together control roughly 90 percent of the
nation's carrot market. "Our number one priority is to ensure the
people of Rosamond have access to a reliable supply of safe,
affordable water," said Daniel Landsgaard, Rosamond Community
Services District board president. "The RCSD filed this lawsuit to
protect the present and future water supply for all of Rosamond,
for the livelihood of our families, schools, businesses, parks and
more." Bob Vincelette, a Southern Kern Unified School District
board member, agrees. "This lawsuit is about keeping water rates
affordable for our community by protecting the local water supply
and reducing our dependence on imported water," said Vincelette.
The cross-complaint seeks declaratory and injunctive relief and an
adjudication of water rights in the Antelope Valley groundwater
basin. The District hopes that the adjudication will lead to a
"physical solution," which is a legal term used to describe a
long-term basin-wide management program that is often overseen by a
court-appointed Watermaster. "Unfortunately, the two large
corporations in this lawsuit have held the Rosamond community
hostage by monopolizing our water supply and continuing to
irresponsibly pump more than their fair share from the groundwater
basin," said Landsgaard. "This lawsuit is about protecting our
community's fair share of water, preventing corporate monopolies
and keeping water rates affordable." Rosamond's current water
supply is a combination of local groundwater and imported State
Water Project water purchased through the Antelope Valley East Kern
Water Agency (AVEK). Rosamond began using imported water because of
its concern about the groundwater basin not being able to support
pumping. Historically, Rosamond has pumped roughly 2,200 acre-feet
(about 717 million gallons) water annually from the Antelope
Valley, enough water to supply an estimated 4,400 homes per year.
With Rosamond filing a cross-complaint in response to the Diamond
and Bolthouse lawsuits, the Rosamond Community Services District
anticipates that other public agencies, such as the City of
Palmdale and the City of Lancaster, will do the same. In late 2004,
Los Angeles County Waterworks District 40 filed a lawsuit naming
many of the same agencies in order to give them a say if and when
the water rights are adjudicated. Soon after, in January of this
year, L.A. County Waterworks District No. 40 filed the Petition for
Coordination to consolidate Diamond's and Bolthouse's actions,
filed in Riverside County, with the L.A. County district's action,
filed in L.A. and Kern Counties. In April, the water district, the
City of Palmdale, Palmdale Water District, Quartz Hill Water
District and the City of Lancaster filed a supplemental brief
urging the court to coordinate the corporations' actions and L.A.
County's adjudication. All three actions have now been coordinated
in Los Angeles County Superior Court. Judge Jack Komar, a neutral
judge from the Santa Clara County Superior Court, has been
appointed to preside over the action. Diamond and Bolthouse argued
that the actions and adjudications should remain separate. Since
the actions sought by the corporations are not full water basin
adjudications, the public agencies expressed that it is virtually
meaningless and legally unfeasible to proceed with the actions
without bringing together other producers in the basin and
conducting a full basin adjudication. At a San Jose conference
hearing in September, Judge Komar instructed L.A. County Waterworks
District 40 to serve all property owners of more than 100 acres
with the lawsuit within 30 days, including Edwards Air Force Base.
More about the Rosamond Community Services District Voted into
existence in 1966, the RCSD strives to provide effective and
efficient services that preserve the community's quality of life,
enhancing the economical, environmental and social well-being that
makes Rosamond a better place to live, work and play. The District
provides water for domestic, irrigation and fire flow, collects and
treats waste and storm water, maintains street lights, oversees
parks and recreation and provides graffiti abatement. For more
information, visit www.rosamondcsd.com.