Water is not everywhere
Last night and today I have had several conversations about water in the Ukiah Valley and the bottom line seems to be that no one really knows how much water we have, that many people are claiming rights to have more than they do have, that a lot of the water "rights" are just "paper rights" -("Just add water!" one local quipped) and that sooner rather than later someone is going to sue the county over a development that will need water that simply isn't there. I'm guessing that could well turn out to be the DDR project at the old Masonite site.
If someone does sue, that means that the matter of what will happen to our water resources and what the best use of water is in the valley will end up in a courtroom for ten years and after that we'll probably have some court ordered water allotment no one will be happy with and which will result in a very drastic curb on growth in our area. (Can you say timber industry?)
For a lot of people in the valley that will be great news.
DDR seems pretty confident that it will be able to get water from Millview Water District , but that's not necessarily a done deal. Millview is under a state-ordered moratorium on water hookups right now. The way I understand it, DDR says it's letting Millview have the water rights from the Masonite site which Millview will then allot to DDR's 500,000 square foot mall project. But whether there's still a water right left on the Masonite site is being questioned - after five years of non-use you lose a water right and Masonite's been closed for six. There have been complaints sent to the state about the assumptions about water on the Masonite site and the state could easily decide there is none. (As for sewer, DDR has told people that it will need about 900 sewer hookups for its project. Well, the Ukiah Valley only has about 1,100 available for the forseeable future. DDR doesn't care. They apparently told one local person that if they use up all our sewer hookups, we'll just have to build a new sewer plant. Think fees are high now? Wait until we have to float another bond in a couple of years to start another big sewer project. DDR will, of course have what it wants by then and will walk away leaving anyone who hopes to build or add on to a home in the valley holding the bag.)
But back to water. The developers of a housing project at the Forks claimed to have rights to 1,400 acre feet of water annually on the Russian River with which to serve more homes and made a deal with Millview for the water. (To give you a comparison, I'm told the City of Ukiah uses 3,500 acre feet of water a year.) Again, a complaint was filed with the state and the state just recently told these developers that no, you have 15 acre feet a year, not 1,400.
The city of Ukiah says it has 15,000 acre feet of river water rights but, again I'm told, the city still buys about 800 acre feet of water each year. If they have so much unused water, why do they buy water?
These are all things I'm hearing from a variety of people who work with water issues all the time.
The Russian River Flood Control District is one of the bodies that has been raising questions about specific water rights people are claiming to have. When a water right is negated by the state, it does not revert to someone else, it simply ceases to exist. One man I talked to said that he thinks there's an agenda among some people on the RRFCD to stop growth in the Valley by reducing the water rights available through state edict. A member of the RRFCD board said he believes it's the opposite, that the RRFCD simply wants to make sure that developers are A) not blindsided by a lack of water in the middle of a project and B) that downstream users are not left without water because big developers come in claiming to have water service and later when the state inevitably limits the water they are long gone.
It seems to me that the very last thing this valley needs is to have a lawsuit filed and have all of our growth decisions being made by Superior Court judges for the next ten years.
It seems to me that we do need to figure out a way to find out really what is out there.
It seems to me that we should start moving to a valley-wide political water body rather than having all these little water districts all agreeing to serve people when they don't have the water. Already Redwood Valley, Millview and Hopland are all under state-ordered water moratoriums.
And here's another thought someone put in my head today.
Normally, when a big developer wants to come to a town and do something in an area that is zoned for something else, they ask for a zoning change and then they normally have to do an environmental impact report and show what the impacts will be and what the possible mitigations for that are. Then the town or county can look at all that and make a decision. In the case of the Ukiah Valley Area Plan, the county is paying for all these enormously expensive studies. Why? Someone suggested why not leave the Masonite land in industrial zoning for the purposes of the UVAP, pass the UVAP, and then let DDR come in and ask for the zoning change, putting the financial burden on them to do the studies.
I can see that that's not very good planning, to pass a brand new Area Plan and then immediately invite suggestions to change it. I would make the argument that in order to pass the UVAP the county ought really to decide whether it wants to change the zoning there. However, I'm still wondering why we are doing the studies instead of DDR since they are in such a hurry.
I am not among those who say that the only answer to the Masonite property is to leave it industrial. I am not automatically for DDR's mall either. Like a lot of Valley residents I have seen the complete lack of progress or even effort to find some industry to come in and use that land. I also believe that if some industry that would create even the tiniest amount of smoke, smell, waste, or an uncool product tried to come in, the same people insisting on leaving the land industrial would be demanding the county deny a permit.
I also don't know that our downtown would be destroyed by more retail in the area. I like our downtown. I like the small shops, the small town feel of it, and the shady trees. But frankly I wish a lot of these stores were open at night and on Sundays when I have time to shop at them.
Now, having said all that, I really hate the idea that DDR is convinced it has the three votes needed to do whatever it wants. And I am sure that what it wants is to put up a big mall on the Masonite site as fast and cheaply as possible before anyone has the time to object to the design or the lack thereof, or file a lawsuit over the water, require them to build their own wastewater treatment plant, or realize that they are using up much of the last of the growth resource we have in this valley. I am pretty sure that if we rezone the Masonite land without strict rules about what can go there, what the design elements must be, how much of it must be green and include how much and what kinds of housing, transportation advances and other specifics, we're going to get a freeway mall like every other and DDR will be trotting off to the bank.
I am not against growth. I believe we primarily need more housing. I believe we can use more retail. And I believe that the Masonite land is a good place to do something forward-thinking for our community. But as soon as we rezone it, we have handed over both our carrot and our stick.