Cal-Am Buyout

THE BEGINNING / MEASURE J

In November of 2018, Monterey Peninsula residents voted 55.81% to 44.19% in favor of Measure J. It instructed the Monterey Peninsula Water Management District to undertake a study to determine the feasibility of the public takeover of California American Water’s Monterey Water System. If it was determined financially feasible, MPWMD was mandated to pursue a public buyout. The election results were certified by the Monterey County Elections Department on November 28, 2018. They can be found here: Measure J Results

MEASURE J BUYOUT PROCEEDINGS

October 19, 2026 / Scheduled Date for District “Latent Powers” Mini-Bench Trial

  • Pending

February 24, 2026 / Case Management Conference Held

  • Judge elects to split the case into two: a “mini” bench trial on whether the District has already activated its “latent power” to sell water retail, scheduled for October 19, 2026
  • If District prevails, then the “right-to-Take” bench trial will be scheduled

August 8, 2025 / Motions Filed in Eminent Domain Case

  • Cal-Am files a Motion for Summary Judgement seeking dismissal
  • District files a Motion for Summary Adjudication to continue trial
  • A hearing was held December 12, 2025
  • On December 29, 2025 Judge denies both motions; Case to continue to trial

May 3, 2024 / Judge Hears Arguments on Demurrer

  • Demurrer requests judge to dismiss case on Cal-Am claim “the District is not authorized to acquire Cal-Am’s property for the purpose of the Project alleged in the Complaint because the District is not legally authorized to provide retail potable water service”
  • The District counters that the authority to do so (or its “latent power”) has already been demonstrated
  • On  November 14, 2024 the Judge ruled against Cal-Am; Case to continue to trial

December 15, 2023 / Eminent Domain Lawsuit Filed by District

  • Initiates request for Monterey Superior Court bench trial on whether the District has the “Right-to-Take” the Cal-Am assets
  • Link to Lawsuit

October 10, 2023 / Special Board Meeting and Public Hearing

April 3, 2023 / MPWMD Board of Director’s Special Board Meeting

Meeting materials and a recording of the meeting can be found by clicking here.

January 31, 2022 / Application for Reconsideration of LAFCO Resolution

  • Reconsideration of Resolution No. 2022-01 of the Local Agency Formation Commission disapproving the Monterey Peninsula Water Management District’s proposed activation of latent powers, (LAFCO File #21-01). Click here to read

May 17, 2021 / MPWMD Schedules Public Hearing to Consider LAFCO Resolution

  • Hearing to Consider Resolution 2021-03, a Resolution of the MPWMD Board seeking authorization to activate latent district powers and to adopt a sphere of influence amendment and annexation.

May 3, 2021 / MPWMD LAFCO Proposal

  • Submittal of MPWMD 2021 Sphere of Influence, Annexation, and Latent Power Activation Proposal. Click here to read

April 26, 2021 / MPWMD LAFCO Application Slide Deck

February 26, 2021 / Initial LAFCO Application Form

  • MPWMD 2021 Sphere of Influence, Annexation, and Latent Power Activation Proposal. Click here to read

October 30, 2020 / MPWMD Files Notice of Determination

October 29, 2020 / MPWMD Board Certifies Final EIR

MPWMD Board of Directors certifies Final EIR on the Potential Acquisition of Monterey Water System and District Boundary Adjustment. Click here to read the EIR