Rainbow MWD approves Resolution of Necessity for Hutton Pump Station easement

Joe Naiman

Village News Reporter

The Rainbow Municipal Water District adopted a Resolution of Necessity for a Camino Del Cielo property.

A 4-0 Rainbow board vote Jan. 25, with Michael Mack abstaining, adopted the Resolution of Necessity to acquire the necessary easements for construction and operation of the Hutton Pump Station, authorized Rainbow general manager Tom Kennedy to proceed with any necessary eminent domain filings and proceedings, and found that the eminent domain process is categorically exempt from California Environmental Quality Act review.

“This action taken by the board is just part of the steps necessary to conclude negotiations with the property owner for the location of the new pump station,” Kennedy 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. The Jan. 25 action does not initiate eminent domain but allows subsequent action if negotiations are unsuccessful.

In January 2021, Rainbow awarded Hoch Consulting a professional services contract to design the Hutton Pump Station and Turner Pump Station. Both pump stations are along the San Diego County Water Authority's Second Aqueduct route just west of Interstate 15. The Hutton Pump Station is near the Old Highway 395 bridge north of West Lilac and the Turner Pump Station is south of Camino Del Rey.

The SDCWA annually shuts down portions of the Second Aqueduct for inspection and maintenance as does the Metropolitan Water District of Southern California. The CWA takes over operation of the aqueduct from MWD approximately 6 miles south of the Riverside County border. During those shutdowns Rainbow rents, installs, and operates temporary pump stations in up to four locations to supply water to the Hutton, Turner, and Gopher Canyon tanks.

The Robert A. Weese Filtration Plant is owned by the City of Oceanside and operated by Oceanside's Water Utilities Department but is physically located in the Rainbow service area off Silverleaf Lane in the Gopher Canyon area. In August 2017, the Rainbow board authorized district staff to proceed with the design for an interconnection to the Weese Filtration Plant. The eventual design contract included the replacement of the pumps which supply the Hutton and Turner tanks.

Four of Rainbow's eight connections to the aqueduct are from MWD rather than from the CWA, and during the design of the interconnection project Rainbow decided that regular use of the pumps to move water from the Morro Zone to the south zones would allow Rainbow to save money (currently approximately $173 per acre-foot) by using the MWD connections even when the CWA portion of the aqueduct is operational.

The temporary pumps also require fueling, so permanent pump stations will also reduce the risk of a fuel leak or spill.

The Hoch Consulting design work included general site layout, structural foundation, connection details, integration with Rainbow's supervisory control and data acquisition system, and site valving. Rainbow staff also began working with property owners on possible easements.

Kyle and Kathrine James own the property in the 5800 block of Camino Del Cielo. In February 2021, Rainbow hired a licensed surveyor to prepare legal descriptions and plat maps for the permanent easement and temporary construction easement the district would need for the Hutton Pump Station. A temporary construction easement of 1,412 square feet will be needed for activities associated with construction including maneuvering equipment and storing materials; the temporary construction easement will be limited to a 12-month period. The permanent easement will encompass 4,308 square feet.

Rainbow hired an appraiser to determine the value of the necessary easements. The fair market value is $58,900. Rainbow sent an offer letter to the James family Nov. 3, and Rainbow staff and the property owners have been negotiating a resolution and agreement but have not yet reached an agreement on the purchase. Rainbow will continue to negotiate with the James family and will use eminent domain only if necessary, but the Resolution of Necessity allows for eminent domain should an agreement not be reached by the time construction is scheduled to begin.

The Resolution of Necessity makes the findings that the public interest and necessity require the project for which the property is sought, that the project is planned or located in the manner which will be most compatible with the greatest public good and the least private injury, that the property sought is necessary for the project, and that an offer has been made to the property owner.