CARLSBAD: Desal plant nears end of regulatory process
But legal battles may lie ahead
By BRADLEY J. FIKES - Staff Writer | ∞
The proposed Carlsbad desalination plant appears to be nearing the end of its years-long struggle for regulatory approval. But whether construction of the controversial project actually begins next year as expected is far from certain.
Construction of the plant next to Agua Hedionda Lagoon would set a precedent for other desalination plants, say water experts following the issue. That pleases those who advocate desalination as relief for drought-plagued California. The plant would supply 50 million gallons of water a day, or 9 percent of the county's water consumption.
But opponents warn of immense environmental damage along the state's coast, such as mass kills of the garibaldi, California's state fish. Over nearly a decade of hearings and studies, they have vowed to stop the project, or at least force major changes. And they say they're not giving up, no matter what the agencies in charge of approving the plant say.
On Wednesday, the California Coastal Commission gave its final approval of the plant. The project now goes to the California State Lands Commission, which is expected to consider it on Aug. 22.
If the lands commission approves the $300 million project, its builder, Poseidon Resources Corp., will have all needed regulatory approvals. Poseidon says it will then raise the money needed for construction, which it expects to begin in the first half of 2009. Assuming the lands commission gives the go-ahead, Poseidon says the plant is scheduled to start producing water in 2011.
Environmentalists opposed to the plant still have leverage through lawsuits, or merely threatening to file them as a bargaining tactic, said Steve Erie, a professor of political science at UC San Diego who studies water policy.
At Wednesday's Coastal Commission meeting, San Diego City Attorney Mike Aguirre told the commission that legal action was a certainty if the plant was approved, and he predicted the commission would lose.
Other opponents said the commission was violating its obligations under the California Coastal Act and the California Environmental Quality Act.
A lawsuit to stop the plant already has been filed by the environmental group Surfrider Foundation. The suit was filed in January against the Coastal Commission for granting a permit to Poseidon for the plant. The permit was subject to conditions that the Coastal Commission ratified at its Wednesday meeting.
Poseidon says it is confident.
"We don't expect it will prevent us from going to construction," said Scott Maloni, a Poseidon vice president. "It will obviously have to be settled before we start up in 2011."
But litigation could indirectly tie up the plant by scaring off investors, especially in the current weak economic climate, Erie said.
And opponents have a huge incentive to block the plant, Erie said. As a privately owned desalination plant supplying the public, the Poseidon plant would be the first of its kind. Another Poseidon plant is planned for Huntington Beach, but the Carlsbad plant is further along in development.
"This opens the door for all the other desal plants," Erie said of the Carlsbad plant. "So opponents are (motivated) to stop this big decision."
Construction could be halted if a judge issues a preliminary injunction, said Bradley R. Hogin, an environmental law attorney at the Costa Mesa office of Woodruff, Spradlin & Smart. That would require opponents to convince the judge that they are likely to prevail, and that damage from the project would outweigh its benefits to Poseidon and the public.
Contact staff writer Bradley J. Fikes at (760) 739-6641 or bfikes@nctimes.com.
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Taxpayer wrote on Aug 7, 2008 12:36 PM:The Carlsbad City Council is bought and sold by the housing industry and big developers. More water equals a rationale for more houses. It's that simple.
taxpayer too wrote on Aug 7, 2008 12:54 PM:What part of there might not be sufficient water for even the people who already live here, much less for any future growth, don't you get. Less Colorado river water because of more use in Utah and Nevada, cyclic drought cycles, vulnerable delivery systems including the Sacrament Delta levees, and legal water shortages because of things like the Delta Smelt ruling all contribute to the need to create a more dependable source of water independent of all the challenges we now face. At the end of the day, there should be a string of Desalination plants along the California Coast, especially in Southern California, to give us at least one reasonable and dependable source of water.
To Taxpayer wrote on Aug 7, 2008 1:43 PM:Take your obstructionist views elsewhere. Farmers are going out of business, water being cut by 30% and rationing around the corner. That is WITH this slow down in building. Look at the facts not what Surfrider and the environuts try to tell you. You don't want water...go live in the desert. Folks with common sense understand we need it!
oldshoes wrote on Aug 7, 2008 2:19 PM:As a northern Cal resident as long as we don't send you more water you are welcome to litigate the devil out of your demand for no environmental impact. I feel sorry for the poor souls that live down there and want to have the water resources necessary while the environmental types want you to go live in a cave. Shame they never figured out that an increasing population creates more demand on water supplies.
Cardiffian wrote on Aug 7, 2008 2:30 PM:Yeah right - city councils and county governments approve an overabundance of building permits with no concern for infrastructure, and its the surfers fault when we run out of water. Jeez....get a life!
balleis wrote on Aug 7, 2008 2:32 PM:I don't mind the fact that they are building the plant because we are running out of water. However I would like to see all of our North County residents do their part to save as much water as they can. No more long showers, giant lawns and 200,000 gallon pools. We live in a desert and we should start acting like it.
SoCal wrote on Aug 7, 2008 4:05 PM:I hope none of you Nocal folks are consuming any of the produce that is grown down here (with imported water). I feel sorry for the poor souls that live up there and want to consume avocados year round and strawberries in February.
Peoples Republic of California wrote on Aug 7, 2008 7:13 PM:Sure would be interesting to hear the surfrider foundation's stance on population control. Nothing more important to them than a wave with no more than 35000 ppm of salt, I guess. Where is the science to suggest that water discharged from a pipe miles at sea with twice the salinity will have any possible effect on california's sea life. once again, environmental wackos abusing the legal system.
Reardon wrote on Aug 7, 2008 7:39 PM:Heart of a Democrat
The highest ranking San Diego County Democrat, City Attorney Mike Aguirre, came out in favor of desalinization this morning in usual Democrat form.
Which is to say, he wants to make it a public, not a private enterprise! He wants the government to run it.
Surprised?
I’m not!
Original Taxpayer wrote on Aug 7, 2008 9:18 PM:It sure looks like the Building Industry is always ready with their NIMBY/obstructionist rhetoric. The reality is that the Building Industry is creating the overcrowding and water shortages. Their greed allows for little regard to our quality of life.
Old Salt wrote on Aug 7, 2008 9:19 PM:Making water is a fine idea, except that the concept will be misused and perceived as accepting the notions for more high density and housing tracts. Instead it should serve exclusively the developments we already have. Bad economy or not, we just cannot sustain more development here.
MJ wrote on Aug 7, 2008 9:40 PM:Desal makes sense and has been proven to work in the Middle East. California will be well served by a string of desal plants powered by nuclear reactors that can also provide clean, abundant power. The days of wine and roses for the greenies are coming to a close .... finally the sleeping giant .... that is, the great silent majority is awakening to the damage being inflicted on society by a very vocal and litigious uber-minority.
ToSurfriders wrote on Aug 8, 2008 5:24 AM:The surfriders and their eco friendly surf boards, made of fiberglass and foam, should all sign up to have the toilet to tap water shipped to their apartments or tents and live off what they want everyone else to use. You people whacked your heads too many times on the rocks. Oooo surfs up dude.
Poor Mother Earth wrote on Aug 8, 2008 8:53 AM:Why do we insist on torturing Mother Earth and the animals that have a right to inhabit her? Stop watering your cement-covered, eco-yuppie mansions and washing your 5mpg SUV's. Someone needs to speak for the earth and the animals because PEOPLE are not smart enough to take care of what they have
SoCalTerry wrote on Aug 8, 2008 8:56 AM:So the NoCals are on this board boohooing about sending water down our way... Well, guess I'll go out and drain the pool again...and make sure my avo grove is soaked enough. Just keep the water coming, rednecks - that's the only good thing coming from your part of the state. Peace - out!
Look to the past wrote on Aug 8, 2008 9:21 AM:If you think we can do this without negative repercussions, think about bison, smog, rivers, landfills, lead paint, poly vinyl chloride, bald eagles, wolves, rain forests, global warming, endless oil reserves, open pit mines, nuclear waste, on and on and on. It isn't about waves for surfers or water for California, it's about oceans for the world.
Carlsbad Guy wrote on Aug 8, 2008 10:26 AM:I water my lawn and wash my car and I worry about nothing. There is plenty of water. If the city wants a desalination plant, go for it. As long as I can wash my car and have green grass.
To Carddiffian Oldshoes wrote on Aug 8, 2008 11:22 AM:Yep you got yours so no one else should havetheirs. Too bad they didn't have anti growth in before you got yours.
To Oldshoes, be careful what you wish for. I lived in the Bay area in the 70's when they had a drought. It was against the law to water anything outside. Could happen again then where you gonna turn.
Surfdad wrote on Aug 8, 2008 12:03 PM:Unencumbered by any detailed technical information regarding the Carlsbad desal. issue our fearless politically appointed Commissioners forge ahead granting conditional permits, thereby reducing their work backlog, and saving taxpayer dollars.
Surfdad.
John in Vista wrote on Aug 8, 2008 2:16 PM:Ahh, such a rich story. NIMBY's; environmentalist; surf dudes; developers; etc.
IF we are in a drought and cannot supply our communities, FIRST stop issuing building permits unless it is to replace an existing building.
Next: Reopen the delivery of Delta water to the south. The fishette that is endanged will either survive or go extinct -- Remember Darwin's theory. Another organism will emerge to take its place.
Next: Build the Desal plant but ensure the outflow goes far enough out to sea to dilute the concentrated discharge. Desal plant is simply a man-made device that mimicks nature (remember the "water cycle" from high school?). The water will return to the oceans (eventually).
perspective wrote on Aug 8, 2008 5:10 PM:Do the math.
The Pacific ocean has 187 quintillion gallons of water or 3,743,800,000,000 times the amount of water we would desalinate in a day.
That's 0.000000000002% of the ocean.
At that rate the sun will explode before any harm will come to the ocean.
Its our town wrote on Aug 8, 2008 5:13 PM:Hay Larry from Newport Beach, get the H*LL out of our town.
Go screw up your own town, or did they kick you out.
Clifford wrote on Aug 8, 2008 6:00 PM:I sometimes feel we are surrounded by idiots. The entire Mid East
gets most of their water by desalination as a by-product of making electric energy. The Germans designed and have built the units for years now.
There is no danger from taking the minerals out of water, it doesn't turn anybodies' hands
blue or stop you from having babies! Distilling, osmosis, are in use all the time.
A few months ago, Jeddah in Saudi Arabia ran short of water --so they brought out the emergency BARGE, anchored it on the shore and provided over 20,000 families a day with fresh water. No one died!!!
Why are our "smart minds" still trying to figure out if it will work???
Who needs to get paid off before it gets done??
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