
On the eve of tomorrow’s vote on the Delta Tunnels by the Santa Clara Valley Water District, two groups today accused the Metropolitan Water District (MWD) of Southern California’s Board of Directors of blatantly violating the Brown Act, the state’s landmark open government law, by making decisions behind closed doors before a public vote on the multi-billion dollar tunnels project.
In a letter, Food & Water Watch and The First Amendment Coalition called on the Metropolitan Water District to formally withdraw its commitment to finance the tunnels, or risk a lawsuit to nullify the vote.
MWD is one of the key financial backers of the California WaterFix, a project that proposes the construction of two massive 35-mile long tunnels under the Sacramento-San Joaquin River Delta, the largest and most significant estuary on the West Coast of the Americas.
This letter serves as a demand to cure and correct and cease and desist the practices constituting such violations, and as a request for public records pursuant to the California Public Records Act, Government Code section 6250 et seq, the letter states.
The groups accuse Governor Brown of colluding with Metropolitan Water District staff and directors to round up votes to assume the majority funding stake to build the twin tunnels and subsidize San Joaquin Valley agribusiness interests.
They say the April 10 vote violated the Brown Act because key decisions followed back-channel conversations between board members, with Governor Brown as an intermediary, circumventing public scrutiny of the decision-making process.
In its meeting, the District took action via a formal vote of approval to implement the California WaterFix; authorize the General Manager to execute certain agreements and agreement amendments related to financing, pre-construction and construction activities for California WaterFix; and authorize General Manager to negotiate draft terms and conditions for one or more multi-year transfers of State Water Project water supplies, according to the letter.
However, this vote was nothing more than a rubber stamp and was a result of multiple serial communications between members of the Metropolitan Water District Board of Directors, both directly and with intermediaries, including Governor Brown. These communications were intended to lead to and actually resulted in a collective concurrence among a majority of the board members to approve the actions.