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Public commenter warns ASGSA board of legal risk over fee process

Arroyo Seco Groundwater Sustainability Agency (ASGSA) Board · March 25, 2026

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Summary

Tom Versig told the Arroyo Seco GSA board that a 2021 coordination agreement requires both GSAs' boards to set regulatory fees and warned that if the Salinas Valley GSA proceeds without following that process his clients may seek remedies against both agencies.

Tom Versig, a member of the public, told the Arroyo Seco Groundwater Sustainability Agency board that his clients in the Arroyo Seco management area are concerned the Salinas Valley GSA is not following the 2021 coordination agreement on fee-setting.

"If the regulatory fee eventually approved is fatally flawed, my clients will look to remedies against both GSAs," Versig said, urging the board to follow the agreement's required process so the two boards' roles are respected.

Versig identified specific provisions in the 2021 agreement he said are relevant to fee-setting and budgeting and said he had sent those concerns in a letter to coordination-committee members prior to a coordination meeting. He argued that staff-to-staff agreement on fee amounts would be improper under the agreement and could expose both agencies to legal challenges.

Chair Thorpe acknowledged Versig's concerns during the meeting and said staff and the Salinas Valley GSA are working on scheduling another coordination-committee meeting to resolve process questions. "We will dig into that agreement a little bit more in-depth and have a report for you or a process laid out for next month," Chair Thorpe said.

The board did not take action on the fee issue at the meeting. Versig also cautioned that some legal outcomes could occur if the two GSAs do not follow the coordination agreement's procedural steps; the board directed staff to review the agreement and bring proposed next steps back to the board.

Next steps: staff will review the 2021 coordination agreement and present a proposed process or report to the board at the next meeting. No formal vote was taken on fees at this session.