NRWMAC had a meeting on 09/29/2021. Nothing of any real significance at this moment, except both NRWMAC/MCWRA are in the discovery phase of litigation. Discovery is a pre-trial procedure in a lawsuit in which both sides exchange information between the parties about the witnesses and evidence they will present at trial. Some of you asked what our lawsuit is about-attached below is the basics of our litigation.

The NRWMAC lawsuit moved ahead throughout 2020 and in recent months, and we held off several attempts by Monterey to crush our legal team’s efforts. Monterey failed in its demurrer (a response in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not sufficient grounds to justify legal action) in two causes of action: 1) breach of contract, and 2) violating the state permit to operate the dam. These are major points NRWMAC is emphasizing in its lawsuit against Monterey.

Monterey succeeded in forcing us to amend our complaint on some of our other causes of action. For example, the court sustained Monterey’s objection to our cause of action for inverse condemnation (entitles property owners to just compensation if their property is damaged by a public use), on the grounds that: 1) NRWMAC “lacked standing,” and 2) there was no “taking of property.”

These components are vital in our lawsuit, so in order to cure the “standing” deficiency, NRWMAC added three named plaintiffs to our second amended complaint to show their “loss” of property.

We filed our second amended complaint on March 29, 2021, in response to Monterey’s demurrer, with the aim of preserving all five of our causes of action going forward. We are currently waiting for Monterey to either answer our complaint or demur to it again. If Monterey merely answers, then we advance to court with all causes of action preserved. If they demur, we will go back to court for another hearing on our respective arguments.
Lastly-It looks like a “cyclone bomb” storm is brewing in the upper Northwestern coast. All weather agencies, at this moment, say this could be a big storm for California. Right now, Nacimiento could receive at least .75″ rain Sunday through Monday. More if this storm intensifies. This storm will not do much for the lake, but off to a good start.
Best regards. Bruce McFadden