San Diego County Water Authority vs. Metropolitan Water District of Southern California
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1 San Diego County Water Authority vs. Metropolitan Water District of Southern California 1
2 2 Metropolitan Water District: 26 Member Agencies City of Anaheim City of Beverly Hills City of Burbank City of Compton City of Fullerton City of Glendale City of Long Beach City of Los Angeles City of Pasadena City of San Fernando City of San Marino City of Santa Ana City of Santa Monica City of Torrance Calleguas Municipal Water District Central Basin Municipal Water District Eastern Municipal Water District Municipal Water District of Orange County San Diego County Water Authority Three Valleys Municipal Water District Foothill Municipal Water District Upper San Gabriel Municipal Water District DTX-690: MWD at a Glance, Inland Empire Utilities Agency West Basin Municipal Water District Las Virgenes Municipal Water District Western Municipal Water District of Riverside County
3 DTX-688: MWD s Member Agencies, Metropolitan Water District 3
4 MWD s Two Water Sources for Member Agency Deliveries 4 Lake Oroville Lake Oroville Feather River San Francisco California Aqueduct State Water Project (SWP) Colorado River Aqueduct (CRA) Los Angeles Orange County San Diego DTX-122: 2/11/2011 MWD Water Planning & Stewardship Committee Pres., AR at
5 DTX-125: Water Distribution System Schematic Diagram MWD Distribution System 5 STATE WATER PROJECT WEST BRANCH CALIFORNIA AQUEDUCT STATE WATER PROJECT EAST BRANCH CALIFORNIA AQUEDUCT Inland Feeder COLORADO RIVER AQUEDUCT
6 6 Water Rates Sources of Revenue Charges and Other Revenues Water Rate Payments Volumetric Charges ($/AF) Tier 1 and Tier 2 Supply Rate For Supply of Water Fixed Charges Capacity Charge System Access Rate System Power Rate Water Stewardship Rate For Transportation of Water Readiness-to-Serve (RTS) Various Other Minor Revenues (unrelated to water supply) Treatment Surcharge For Treatment of Water $/AF = Dollars per acre-foot of water One Acre-foot = 325,851 gallons One Acre-foot of water is amount used by two average households per year Ad Valorem Property Taxes DTX-090: 2010 COS, AR & AR at 11472, 11491; DTX-110: 2012 COS, AR at 16679, 16696
7 DTX-090: 2010 COS, AR & AR at 11491; DTX-110: 2012 COS, AR at Water Rates Water Rate Payments Volumetric Charges ($/AF) Tier 1 and Tier 2 Supply Rate Rate Structure For Supply of Water Charges Fixed Charges Capacity Charge System Access Rate System Power Rate Water Stewardship Rate Treatment Surcharge For Transportation of Water For Treatment of Water Readiness-to-Serve (RTS) $/AF = Dollars per acre-foot of water One Acre-foot = 325,851 gallons One Acre-foot of water is amount used by two average households per year
8 8 Water Rates Water Rate Payments Volumetric Charges ($/AF) Rate Components At Issue Tier 1 and Tier 2 Supply Rate For Supply of Water System Access Rate System Power Rate For Transportation of Water Water Stewardship Rate Treatment Surcharge For Treatment of Water $/AF = Dollars per acre-foot of water One Acre-foot = 325,851 gallons One Acre-foot of water is amount used by two average households per year TAC 3; SDCWA 2012 Complaint
9 The Bundled Rate Before January 1, 2003 Unbundled Rate Components By Rate Design Element: 9 One Acre-foot of water is amount used by two average households per year DTX-041: 3/12/2002 Bd. Action Ltr., AR & AR at 6295
10 The Unbundled Rates Water Rate Payments Volumetric Charges ($/AF) Tier 1 and Tier 2 Supply Rate System Access Rate System Power Rate Water Stewardship Rate Treatment Surcharge 10 Supply Rates Recover: Costs for SWP and CRA facilities and programs that relate to maintaining and developing supplies to meet the Member Agencies demands Capital financing, operating, maintenance and overhead costs for drought storage in MWD s reservoirs Drought storage provides reliable supplies by carrying over surplus supplies from periods of above normal precipitation and snow pack to drought periods when supplies decrease Tier 1, Tier 2 Supply Rates per acre-foot are the same for all Member Agencies DTX-090: 2010 COS, AR & AR at , ; DTX-110: 2012 COS, AR at 16681, 16700
11 MWD s Rates and Charges Are Uniform for All Member Agencies Water Rate Payments Volumetric Charges ($/AF) Tier 1 and Tier 2 Supply Rate System Access Rate System Power Rate Water Stewardship Rate Treatment Surcharge System Access Rate Recovers: Most of the capital, and all of the operations, maintenance and overhead costs for the transportation facilities in the SWP and CRA and MWD distribution system, except power Regulatory storage costs This storage provides operational flexibility in meeting peak demands, essentially increasing the physical distribution capacity The System Access Rate per acre-foot is the same for all Member Agencies DTX-045: Final Report on Rates and Charges, AR & AR at ; DTX-090: 2010 COS, AR & AR at , , 11488, 11490; DTX-110: 2012 COS, AR at , , ,
12 MWD s Rates and Charges Are Uniform for All Member Agencies Water Rate Payments Volumetric Charges ($/AF) Tier 1 and Tier 2 Supply Rate System Power Rate Recovers: System Access Rate System Power Rate Water Stewardship Rate Energy costs for pumping water to Southern California The System Power Rate per acre-foot is the same for all Member Agencies Treatment Surcharge DTX-045: Final Report on Rates and Charges, AR & AR at , 6520; DTX-090: 2010 COS, AR & AR at 11492; DTX-110: 2012 COS, AR at
13 MWD s Rates and Charges Are Uniform for All Member Agencies Water Rate Payments Volumetric Charges ($/AF) Tier 1 and Tier 2 Supply Rate Water Stewardship Rate Recovers: System Access Rate System Power Rate Water Stewardship Rate Treatment Surcharge Costs for Local Resources Development Conservation Credits Program Desalination The Water Stewardship Rate per acre-foot is the same for all Member Agencies DTX-045: Final Report on Rates and Charges, AR & AR at 6519; DTX-090: 2010 COS, AR & AR at 11492; DTX-110: 2012 COS, AR at
14 The Unbundled Rates 14 DTX-041: 3/12/2002 Bd. Action Ltr., AR & AR at
15 The Unbundled Rates March 12, 2002: MWD s Board defined the rate for Wheeling Service to include the System Access Rate, Water Stewardship Rate, cost for power, and administration fee 15 MWD Admin. Code 4405,
16 16 MWD Reasonably Allocates State Water Project Transportation Costs to MWD s Transportation Rates 1. SWP Transportation Costs Are MWD Transportation Costs 2. MWD Uses SWP Transportation Facilities to Transport non-swp water and SWP water 3. SWP-Owned and MWD-Owned Transportation Facilities Are Integrated 4. Allocating SWP Transportation Costs to MWD s Transportation Rates is Consistent With Industry Guidance 5. Exchange Water is a Blend of SWP and CRA Water DTX-045: Final Report on Rates and Charges, AR & AR at 6518, 6520; DTX-055: 2005 DWR Contract, Art. 23, AR & AR at 71, 74, 86, 153; DTX-090: 2010 COS, AR & AR at 11473, 11475, 11490; DTX-110: 2012 COS, AR at , 16695; DTX-134: Raftelis Textbook, AR _5282 at ; DTX-109: 4/5/12 MWD Response to SDCWA COS Report, AR at
17 DTX-055: 2005 DWR Contract Art. 22(a), AR & AR at 65 Under its contract with the DWR for the State Water Project, MWD pays separate supply and transportation charges: SUPPLY 17
18 18 SWP - SUPPLY DTX-055: 2005 DWR Contract Art. 22(a), AR & AR at 65
19 DTX-055: 2005 DWR Contract Art. 23, AR & AR at 71 Under its contract with the DWR for the State Water Project, MWD pays separate supply and transportation charges: TRANSPORTATION 19
20 20 The SWP Transportation Charge covers expenses such as operating and repairing the California Aqueduct, a transportation facility necessary for water to be transported to MWD s Member Agencies Lake Oroville TRANSPORTATION San Francisco Los Angeles Orange County San Diego DTX-055: 2005 DWR Contract Art. 23, AR & AR at 71
21 SWP Transportation Charges Are Allocated to MWD s Transportation Rates System Access Rate 21 System Power Rate Pays for Transportation Facilities To Make Water Available For Delivery Pays for Power for Pumping Water to Convey It For Delivery MWD System Today SWP SWP CRA Edmonston Pumping Plant Big Lift Julian Hinds Pumping Plant DTX-045: Final Report on Rates and Charges, AR & AR at 6518, 6520; DTX-090: 2010 COS, AR & AR at 11492; DTX-110: 2012 COS, AR at 16697
22 DTX-137: DWR Invoice Under its contract with the DWR for the State Water Project, MWD pays separate supply and transportation charges: 22
23 DTX-087: 4/5/10 MWD Resp. to Pub. Comments, AR & AR at DWR Contract Expenses Allocated to the System Access Rate and System Power Rate Are Reasonably Related to Transportation
24 DTX-075: 12/1/2008 SDCWA Ltr. re Request for Wheeling Services MWD Has Conveyed Non-SWP Water for San Diego 24
25 25 Water Stewardship Rate Local Resource Programs Conservation Desalination DTX-045: Final Report on Rates and Charges, AR & AR at 6519; DTX-090: 2010 COS, AR & AR at 11492; DTX-110: 2012 COS, AR at 16697
26 DTX-045: Final Report on Rates and Charges, AR & AR at , 6775; DTX-087: 4/5/10 MWD Resp. to Pub. Comments, AR & AR at ; DTX-090: 2010 COS, AR & AR at 11511, 11515; DTX-019: 1996 IRP Vol. 1, AR & AR at 1504, Allocation of Water Stewardship Rate to Transportation Rather than Supply Is Reasonable 1. WSR Reduces Transportation Costs 2. WSR Frees Up Capacity for Transportation and Facilitates Wheeling 3. Placing WSR In Supply Would Permit Users That Only Use Transportation Services To Avoid These Costs
27 DTX-018: March 1996 MWD Issue Paper, MWD at ; DTX-019: 1996 IRP Vol. 1, AR & AR at 1493 Demand Management Reduces Conveyance Costs 27
28 DTX-019: 1996 IRP Vol. 1, AR & AR at 1504, MWD s March 1996 Integrated Water Resources Plan Demonstrates that the Economic Benefits of Local Water Management Programs Reduce Infrastructure Requirements
29 DTX-045: Final Report on Rates and Charges, AR & AR at 6519 Transportation Benefits of the Water Stewardship Rate 29 Water Stewardship Rate
30 San Diego s Dry Year Peaking Claim 30 SDCWA 2012 Complaint, 65
31 San Diego s Dry Year Peaking Claim 31 MWD Accounts for Peaking San Diego is referring to annual variations in Member Agency water deliveries MWD accounts for annual variations in Member Agency deliveries through: Readiness-to-Serve Charge Volumetric Rates Tiered Supply Rates MWD also recovers capital costs of peaking due to variations in water deliveries within a year for its distribution system through its Capacity Charge Capacity Charge is allocated based on each Member Agency s peak summer day over prior three years DTX-090: 2010 COS, AR & AR at ; DTX-110: 2012 COS AR at ; DTX-030: AWWA M1 Manual, AR & AR at 3935, 3941
32 DTX-108: March 2012 FCS COS Review, AR at San Diego s Dry Year Peaking Claim 32
33 San Diego s Dry Year Peaking Claim 33 MWD s largest customers (>100,000 AF per year, accounting for more than 70% of total water deliveries) all had a ratio between 1.07 and 1.32 San Diego was 1.11 higher than West Basin s 1.07 same as Calleguas 1.11 lower than Los Angeles 1.31 DTX-108: March 2012 FCS COS Review, AR at 16177
34 San Diego s Dry Year Peaking Claim All of MWD s 26 Member Agencies Supplemental Water Requirements Change 34 Acre Feet 700, , , , , , ,000 0 MWD FY As Billed Sales - With Exchange San Diego Los Angeles MWDOC Anaheim Burbank Beverly Hills Compton Calleguas Inland Empire Central Basin Eastern Municipal Fullerton Foothill Glendale Los Angeles Long Beach Las Virgenes Municipal WD of OC Pasadena Three Valleys Santa Ana San Diego San Fernando Santa Monica San Marino Torrance Upper San Gabriel West Basin Western Source: DTX-691: Table of MWD Deliveries plus Exchange - Denham Disclosure and Report, Ex. B
35 DTX-088: 2010 Raftelis Report, AR & AR at Raftelis Finds that MWD s Rates Are Reasonable 35
36 MWD s Rates Are Consistent With Raftelis Treatise Raftelis Comprehensive Guide to Water and Wastewater Finance and Pricing 36 DTX-011: Raftelis Treatise, SDCWA _ at
37 NARUC Addresses Accounting AWWA Water Utility Accounting 37 DTX-012: AWWA Water Utility Accounting at p.68-69
38 Rate Setting Is Different Than Accounting AWWA Manual M1 38 DTX-030: AWWA Manual M1, AR & AR at
39 Rate Setting Is Different Than Accounting WEF Financing and Charges for Wastewater Systems 39 DTX-056: Financing & Charges for Wastewater Systems at p.3
40 The Exchange Agreement Is Irrelevant to the Rate Challenge 40 January 1, 2003 unbundled rate structure becomes effective Nov. 10, 1998 Original Exchange Agreement Fixed price 30-year term Oct. 10, 2003 Amended and Restated Exchange Agreement (requested by SDCWA) DTX-028: 1998 MWD-SDCWA Exchange Agreement; DTX-051: 2003 Exchange Agreement
41 DTX-050: Canal Lining Options Fact Sheet; DTX-130: SDCWA QSA Options Analysis; Slater Depo. Tr., at 165:24-166:16, 168:18-169:23 San Diego Proposed Option 2 41 Option 1 Keep 1998 Exchange Agreement: Initial $90 Per AF Price For Exchange Water Increases By 1.55% Each Year For First 20 Years ($97 Per AF As Of 2003) $80 Per AF Price For Years Option 2 Adopt 2003 Exchange Agreement: MWD Assigns To SDCWA: $235 Million For Canal Lining And Conjunctive Use Programs 77,700 AF Per Year Of Canal Lining Water For 110 yrs SDCWA Agrees to Pay MWD s Conveyance Rates For Exchange Water Initially $253 Per AF Thereafter, Equal To Charge Or Charges Set By [MWD s] Board Of Directors Pursuant To Applicable Law And Regulation And Generally Applicable To The Conveyance Of Water By [MWD] On Behalf Of Its Member Agencies (sec.5.2)
42 As Part of Option 2, MWD Assigned Canal Lining Water to San Diego 42 Los Angeles Inland Feeder Orange County Skinner Treatment Plant San Diego MEXICO DTX-125: Water Distribution System Schematic Diagram
43 Price Term In Original Exchange Agreement Was Fixed Under $100/AF for 30 Years 43 Nov. 10, 1998 Original Exchange Agreement Fixed price 30-year term DTX-028: 1998 MWD-SDCWA Exchange Agreement; DTX-051: 2003 Exchange Agreement
44 In 2003 San Diego Agrees to Price Term Pegged to MWD s Conveyance Rates 44 $ DTX-051: 2003 Exchange Agreement, Art. 5.2 DTX-041: 3/12/2002 Bd. Action Ltr., AR & AR at 6295
45 DTX-090: 2010 COS, AR & AR at ; DTX-110: 2012 COS, AR at ; DTX-051: 2003 Exchange Agreement, Art. 1.1(m) San Diego Agrees to Price Term Pegged to MWD s Conveyance Rates Payments to MWD 45 SDCWA Buys Full Service Water SDCWA Buys Exchange Water Supply Rate For Water Supply SDCWA Makes Like Amount of CR Water Available to MWD System Access Rate System Power Rate For Transportation of Water System Access Rate System Power Rate Negotiated Price Term Water Stewardship Rate Water Stewardship Rate $/AF = Dollars per acre-foot of water
46 DTX-050: Canal Lining Options Fact Sheet; DTX-130: SDCWA QSA Options Analysis; Slater Depo. Tr., at 165:24-166:16, 168:18-169:23 Option 2 Is Fair Compensation 46 Slater Deposition 57:22-25 Option 2 San Diego Proposed Option 2 Slater Deposition 31:21-32:18 San Diego Chose Option 2, and Believes it was a Good Deal
47 DTX-051: 2003 Exchange Agreement, Art. 1.1(m); California Water Code 1810 The Exchange Agreement is not a Wheeling Agreement 47 The Exchange Agreement involves an exchange of water SDCWA Exchange Agreement Ex. A to SDCWA Complaint The Exchange Agreement does not condition exchanges on existence of unused capacity.
48 The Exchange Agreement is not a Wheeling Agreement 48 DUE TO MWD From SDCWA IID Amount plus Canal Lining Amount EXCHANGE VOLUME SDCWA Point of Delivery MWD Colorado River Lake Havasu Intake Inland Feeder Los Angeles DUE TO SDCWA From MWD IID Amount Plus Canal Lining Amount EXCHANGE VOLUME Orange County Skinner Treatment Plant MWD Point of Delivery for Exchange Water for SDCWA Delivery of Exchange Volume is 24/7 Regardless Of Intake DTX-051: 2003 Exchange Agreement, Art. 3.5 San Diego MEXICO
49 DTX-125: Water Distribution System Schematic Diagram The Exchange Agreement is not a Wheeling Agreement 49 California Aqueduct East Branch SWP Inland Feeder Colorado River Aqueduct CRA MWD System San Diego
50 California Water Code 1810; DTX-051: 2003 Exchange Agreement The Exchange Agreement is not a Wheeling Agreement 50 Wheeling Under the California Water Code Involves actual conveyance of water i.e. wheeling Only when that conveyance facility has unused capacity Only when water has been provided to wheel California Water Code 1810 The Exchange Agreement Involves an exchange of water, not conveyance Obligations under it do not depend on existence of unused capacity MWD delivers Exchange Water regardless of whether SDCWA has first delivered water to MWD 2003 Amended Exchange Agreement
51 DTX-044: 4/24/2002 State Water Resources Control Bd. Public Hearing Tr. San Diego Admits The Exchange Agreement Is Not Wheeling 51
52 DTX-044: 4/24/2002 State Water Resources Control Bd. Public Hearing Tr. at p. 438 San Diego Admits The Exchange Agreement Is Not Wheeling 52
53 DTX-044: 4/24/2002 State Water Resources Control Bd. Public Hearing Tr. at p San Diego Admits The Exchange Agreement Is Not Wheeling 53
54 DTX-109: 4/5/12 MWD Response to SDCWA COS Report, AR at Exchange Water is a Blend of SWP Water and Colorado River Water 54
55 DTX-116: 8/22/2013 SDCWA Salinity Control Presentation San Diego Benefits From The Blend of SWP Water and Colorado River Water 55
56 DTX-116: 8/22/2013 SDCWA Salinity Control Presentation at p. 2 San Diego Benefits From The Blend of SWP Water and Colorado River Water 56
57 DTX-116: 8/22/2013 SDCWA Salinity Control Presentation at p. 17 San Diego Benefits From The Blend of SWP Water and Colorado River Water 57
58 58
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