The current redistricting decision has not even made, and the
SCVWD and Assembly Member Coto are at it again with a complete
repeal and re-write of the Santa Clara Valley Water District
Act.
Dear Editor,
The Santa Clara Valley Water District has now voted to reconsider the controversial redistricting map that would split South County into two minority districts, yet the shenanigans and arrogance have just begun. Or should I say have always been there and will continue?
First, on the issue of water rates. The lower rates in South County are not just because of a deal voters struck in the 1980s. All of South County’s water comes from wells, and all costs for the wells, pumping, treatment and distribution of our water is incurred by the cities of Gilroy, Morgan Hill and private well owners. Much of North County uses surface water from the District’s three treatment plants. In South County, we are paying SCVWD for the management and replenishment of the ground water only, and absorbing the rest of the costs locally. In North County, they are paying for water management, plus surface delivery and treatment. North County’s cost for water from SCVWD is understandably, and justifiably, higher. Any effort to equalize rates across Santa Clara County must take these disparate infrastructure costs into consideration.
The SCVWD only has authority as granted to it by the state legislature in the Santa Clara Valley Water District Act. There was nothing legally wrong with the old system of five directors elected by district (matching the five Santa Clara County Supervisorial districts) plus two at-large directors. This unnecessary redistricting process was strictly at the behest of SCVWD.
Under the previous structure, South County had always been represented by two directors on the SCVWD board. In 2009, the SCVWD convinced Assembly Member Joe Coto to introduce legislation (AB 466) changing the makeup of the SCVWD board to seven seats elected by district. This change brought the Voting Rights Act and other legal precedents into play, requiring substantially equal population in each district, and thus the de facto ceding of electoral power to the North.
The current redistricting decision has not even made, and the SCVWD and Assembly Member Coto are at it again with a complete repeal and re-write of the Santa Clara Valley Water District Act. Usually, when existing laws are changed, “red-lined” legislation is written that highlights the proposed additions and deletions. In this case, the SCVWD has written entirely new legislation (AB 2483), making it virtually impossible to identify and understand the changes from current law. This is no small matter, as the legislation includes powers that could supersede local planning and zoning authority along with provisions for eminent domain, combating climate change, and criminal violations, amongst its 53 pages. If AB 2483 is passed, SCVWD could become the most powerful government agency in Santa Clara County. Shenanigans indeed!
South County residents and representatives were asleep at the switch in 2009, and as a result, we will lose representation on the Board regardless of which map is chosen. The changes the SCVWD seeks in AB 2483 could be far more devastating. Wake up South County – write Assembly Member Coto, your local legislators, and the governor today.
Terry Feinberg, Gilroy
