Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Temporary Service Request topic
No spam. Unsubscribe anytime.
Developer seeks temporary water for grading; LAFCO staff says statutory exemption likely does not apply
Summary
Tri Pointe Homes asked LAFCO to note a temporary arrangement to use Elsinore Valley water for grading (meter reportedly ~15 feet from site). Staff said the substitute‑service exemption under Cortese‑Knox‑Hertzberg likely does not apply and urged the applicant to secure an interagency agreement or return with complete CEQA and annexation paperwork.
Michael Titus, an attorney for Tri Pointe Homes, asked the Riverside LAFCO at its Jan. 23 meeting to permit a temporary water transfer from Elsinore Valley Municipal Water District for grading work on a project site he said lies about 15 feet from an Elsinore meter. Titus said the request was for water only for grading for about six months and would not create permanent facilities on or outside the retail provider’s jurisdiction.
"All we're asking is that we take water from Elsinore, which is 15 feet from our property line, into our trucks to use it for 6 months for grading purposes," Titus said, adding the applicant notified both districts and LAFCO staff in advance.
Staff response: Executive Officer Gary Thompson and staff explained that the situation appears to be the extension of new service and therefore does not meet the substitute‑service exemption under the Cortese‑Knox‑Hertzberg framework. Gary told the commission that Government Code provisions (transcript cites section 56133) require commission approval when an agency would extend service to territory that does not currently receive that service. Staff advised the applicant to pursue an interagency agreement between Western and Elsinore Valley MWD or to return with the appropriate CEQA documentation and annexation/extension materials.
Why it matters: The legal distinction determines whether the work can proceed as a temporary interagency accommodation or whether formal LAFCO review and approval are required; staff observed that LAFCO has not granted the grading‑only exemption in similar past situations.
Next steps: Staff said it will process the application as quickly as possible once the applicant submits required documentation and any interagency agreement, and that the item could be placed on the February agenda when documents are complete.
Quotes: "If there was an agreement in place between those two agencies, then there's another exemption that does apply," staff said; "we do not have an agreement to that effect" and therefore the applicant must either get an agreement in place or bring the matter back to staff for formal consideration, Gary told commissioners.
