Several neighbors attended a Zoom meeting on Wednesday, May 3rd regarding the sewage water treatment plant (SWTP) in the Fallen Leaf-Fern Rock area and the recently enacted, restrictive permitting policy now being enforced by Santa Cruz County. Parcels affected by the shut-down of the SWTP are considering suing Big Basin Water. Local attorney, Anna DeBenedetto, who led the meeting, suggested any suit brought against BBW be focused on the SWTP portion of BBW’s business, since BBW may also be forced into receivership by the state Attorney General for mismanagement of the water delivery portion of its business. This meeting left me with these questions and thoughts:
1) Does anyone know whether a suit brought against BBW will prohibit the sale of BBW to another private company?
2) As a customer of BBW not immediately affected by the Fallen Leaf-Fern Rock sewage issues but having been impacted by the myriad problems with water delivery, I would like to offer support for the sewage suit. If that suit stops the sale of BBW to another private water company, those customers receiving water services will benefit too. Perhaps a funding mechanism could be established to help cover the litigation costs. I’m sure homeowners serviced by BBW outside the Fallen Leaf-Fern Rock area may contribute, understanding the value of supporting a suit against BBW.
3) I would urge our Fallen Leaf-Fern Rock neighbors to widely communicate their goal to other BBW water customers and seek their support. While merging with any water company will raise rates, SLV Water as a public entity can seek and benefit from government funding to rebuild the water delivery infrastructure. The sale of BBW to a private entity will likely place that costly burden on the customer. It is in everyone’s best interest to unite and stop the sale of BBW to a private company.
Apologies for just seeing this - I have been super busy. Totally agree with all your great points MaryBeth! Although not a Fallen Leaf Sewer customer, I am a BBW customer and prepared to help do whatever we can to prevent private sale. As mentioned, sale to SLV Water is only way to enable access to government funds that can help rebuild.
Marybeth, well stated and I agree on all fronts. I heard an initial figure of 10k for that lawsuit, for which is less than $20 per customer and any kind of math from there depending on who all would like to participate and contribute.
Marybeth, thank you for posting a well written statement followed up with great questions. We have reached out to the CPUC (the agency who would oversee the sale) with this same question. They have not responded which we suspect is due to legal reasons. ( they have otherwise been 100% responsive) We have been in contact with the water board about the potential sale and they responded saying it does not affect their pursuit of a receivership. There is a link on the home page to join the lawsuit. We hope you can attend the meeting on June 1st which will be led by the water board to give the customers more information. They have some legal limitations on the question they can answer but please send your questions to be added to the list.