Rainbow MWD adopts resolution of necessity for Moody Creek Farms land

The Rainbow Municipal Water District needs a 15,000-square-foot area which is part of Moody Creek Farms, so the Rainbow board approved a resolution of necessity for the property May 26.

The 4-0 board vote, with Helene Brazier unable to participate in the meeting, does not approve eminent domain but allows for that possibility if the district and Ernest Moody are unable to come to terms on a sale agreement.

“This is just the resolution of necessity. We’re not agreeing to the price of the land,” district engineer Steve Strapac said.

“We have to have this resolution of necessity before we can have a public hearing,” Tom Kennedy, general manager of RMWD, said.

A resolution of necessity allows a public agency to initiate eminent domain action if negotiations have not been completed before the project schedule necessitates the acquisition.

“I’m sure we’ll come to terms soon,” Kennedy said. “The last thing we want to do is have to get into a full eminent domain process.”

Moody Creek Farms consists of six legal parcels totaling 152.8 acres. The land Rainbow seeks to acquire would not impact the rest of the property nor would it impact any Moody Creek Farms activity.

“It’s an unused area right now,” Kennedy said.

The property is in the 7600 block of Camino Del Rey.

“We found a spot that works really well adjacent to an existing easement,” Strapac said. “This is a great spot. It’s on a large piece of land. It’s not active agriculture.”

When the Metropolitan Water District of Southern California or the San Diego County Water Authority shuts down pipelines along the First Aqueduct, Rainbow currently sets up temporary pumps. A permanent pump station at the Moosa Creek crossing off Camino Del Rey would eliminate the annual expense of moving water during shutdowns.

“We’re going to build a pre-manufactured pump station,” Strapac said.

In November 2019, Rainbow hired a surveyor to prepare a legal description and plat mat of the proposed easement. Rainbow also hired an appraiser to determine the easement’s fair market value.

The property is officially owned by EMW Investments LLC and Ernest Moody is the principal for that legal entity. Although Moody is receptive to a sale of the land for an easement, he disagreed with the proposed $6,000 amount as the fair market value.

Although the site has been deemed necessary, road access issues may have alternatives. There is a back road to the location and a road from the east also exists, although that is a poor-quality dirt road.

Rainbow is willing to design the pump station so that it matches the aesthetics of the Moody Creek Farms structures.

“We can work with the landowner on style,” Strapac said.

The pump station would also need electrical power.

“We have to discuss that with SDG&E as well,” Strapac said.

“I expect that we will come to a resolution with Mr. Moody,” Kennedy said.

Joe Naiman can be reached by email at [email protected].