Summary of 2nd lawsuit:
The lawsuit argues that the Local Agency Formation Commission (LAFCO) failed to properly assess the Nipomo Community Services District’s (NCSD) ability to supply water to a proposed project, as required by law. Key points include:
- Legal Obligations Ignored: LAFCO did not adequately evaluate NCSD’s legal and physical capacity to provide water as mandated by Government Codes sections 56668(k) and 65352.5.
- Water Allocation Misuse: We claim that the Phase II water transfer, allocated for infill development within NCSD’s current boundaries, cannot legally support the project outside those limits. This position is supported by NCSD’s 2009 FEIR and subsequent
documents. - Contractual Restrictions: The Supplemental Water Management and Groundwater Replenishment Agreement restricts Phase II water use to existing jurisdictions, with no formal action taken to amend this limitation.
- Inadequate LAFCO Response: LAFCO ignored the evidence offered by the community and failed to analyze the feasibility of using the Phase II transfer for the project. Impact on Infill Development: Diverting Phase II water would compromise NCSD’s ability to support existing infill development, a concern previously noted but not addressed.
- Inaccurate Growth Projections: NCSD’s buildout inventory and population projections underestimate Nipomo’s development potential and conflict with regional assessments.
- Municipal Service Review (MSR) Findings: The 2018 MSR highlighted NCSD’s inadequate water supply for future developments, urging careful consideration of annexations.