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
- Consider Eminent Domain for Acquisition of Cal Am Monterey Water System
- Middlebury Institute of International Studies, Irvine Auditorium, 499 Pierce Street, Monterey
- Video of meeting
- Link to draft of the Resolution of Necessity and Board Meeting materials
- Link to Final Resolution No. 2023-13. A Resolution of the Board of Directors determining the Public Interest and Necessity, and related matters supporting acquisition of the Monterey Water System owned by California American Water Company in Monterey County, California
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
- Click here to view the MPWMD slide-deck presented at the LAFCO meeting
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
- Click here to read (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
- Notice of Availability of an Environmental Impact Report for the Potential Acquisition of Monterey Water System and District Boundary Adjustment Project EIR
- Notice of Preparation and Scoping Meeting for the Potential Acquisition of Monterey Water System and District Boundary Adjustment EIR
- November 12, 2019 Board Workshop – MPWMD Preliminary Valuation and Cost of Service Analysis Report
- August 19, 2019 – Plan to Adopt and Implement a Policy re Public Ownership
- January 2019 Listening Sessions