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FPUD amends Administrative Code to reflect transition from CWA to EMWD

The reorganization in which the Fallbrook Public Utility District detached from the San Diego County Water Authority and annexed it to the Eastern Municipal Water District became effective Jan. 1. FPUD’s Administrative Code had sections reflecting FPUD’s affiliation with the SDCWA, so on May 29 the FPUD board amended those Administrative Code sentences to reflect the transition from the CWA to Eastern.

The 4-0 vote, with Ken Endter absent, changes sections on procurement exemptions, annexations, and requests to defer fixed charges. A paragraph explaining that San Diego County’s Local Agency Formation Commission approved the reorganization in July 2023 (contingent upon approval by FPUD’s voters, which occurred in November 2023) to transfer the entire jurisdictional boundary of FPUD from the CWA to Eastern was also added to the Administrative Code.

Section 5 of FPUD’s Administrative Code covers procurement procedures and Section 5.9 notes exemptions to the procurement requirements. One of those exemptions is when the price is controlled by an official rate-making body such a wholesale water agency, so the specification of the CWA was replaced with the EMWD reference. (Electricity, gas, and telephone costs may also be exempt due to outside control.)

Annexations are addressed in Section 9 of the Administrative Code. Section 9.1 notes ordinances which may provide specific conditions, and the detachment from the CWA and annexation to Eastern was added to those ordinances.

If a land is annexed to FPUD for water service it is also annexed to the wholesale water provider (FPUD has latent sewer service powers for much of the service area, and expansion of latent sewer powers does not require annexation to an associated agency).

Section 9.3 addresses annexation payments which will now be paid to Eastern rather than to the CWA as well as to FPUD. (LAFCO also charges an annexation processing fee; the FPUD and Eastern annexation fees are on a per-acre basis.) An annexation resolution also includes terms and conditions, and Section 9.4 addressing annexation conditions was also changed to reflect the new wholesale agency.

FPUD, Eastern, and the CWA all have the authority to establish and levy standby or water availability charges. If the owner of a parcel does not use and has no present intention of using water provided by the district a deferral of charges may be granted on a case-by-case basis.

Section 15 of the Administrative Code covers standby or availability charges while Section 15.5 stipulates the deferral request process. Section 15.5 was amended to delete the reference to the CWA.

Author Bio

Joe Naiman, Writer

Joe Naiman has been writing for the Village News since 2001


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