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Fox Canyon GMA adopts narrow OPV allocation revision after heated public comments; board commits to further workshops
Summary
After a lengthy public hearing, the Fox Canyon Groundwater Management Agency approved a court‑driven revision to the Oxnard/Pleasant Valley (OPV) allocation ordinance intended to address state law issues, while several water districts and growers urged postponement and more stakeholder work. Board voted 4–1 to adopt the revision and directed staff to begin broader ordinance workshops.
The Fox Canyon Groundwater Management Agency on May 27 adopted a narrowly framed revision to the OPV allocation ordinance designed to comply with a Los Angeles court order while preserving existing programs where feasible.
The revision — focused on articles 4 and 6 and on a single, “universal” in‑lieu adjustment process for operators — was presented by the agency’s executive officer, John Demers, who said the draft removes the language the court found objectionable and allows the executive officer to process applications with a board appeal. "This is a revision to the amended ordinance to make the changes necessary to comply with the court order and to still preserve the beneficial programs that are in effect," Demers said.
Why it matters: the ordinance change responds to a multi‑year lawsuit brought by the City of Oxnard that challenged provisions as violating GMA Act section 702 and Water Code section 106. The court found parts of the prior ordinance unlawful and ordered revisions; staff said they must act now to avoid further delay in compliance while continuing longer‑term stakeholder work.
Stakeholders pressed the board during public comment. Mauricio Guardado, general manager of United Water Conservation District, warned the draft effectively removes long‑standing flex allocations and leaves substantial discretion to the executive officer, asking the board to ‘‘consider alternatives’’ and more stakeholder review. Jared Bouchard of Pleasant Valley County Water District and Michael Wolff, Oxnard’s director of public works, warned that changes could penalize agencies that invested millions in conjunctive‑use projects and could cause surcharges or program instability. "The revised ordinance essentially removes the existing flex or adjusted allocation programs and leaves significant discretion to the executive officer to approve these programs," Brahm Saku, a United water resources supervisor, told the board.
Board discussion focused on legal necessity and timing. Supporters said the draft is a narrow fix to satisfy the court and does not prevent later revision; critics said adoption now risks restarting litigation or harming operators who rely on the Santa Clara River flex and other programs. Chair West and the agency’s counsel reiterated that adoption of a court‑compliant text does not bar future changes and that any further changes could return to the board.
The motion before the board combined adoption of the presented ordinance with a commitment to a broader public workshop process to address underlying allocation policy and implementation questions. The motion passed on roll call (Director Caballero: yes; Director Trembley: yes; Director Long: yes; Director Muller: no; Chair West: yes). The board also instructed staff to pursue workshops and additional stakeholder outreach.
What’s next: staff will transmit the revised ordinance to the Los Angeles Superior Court as part of the litigation record and proceed with the workshop schedule the board directed. The board left open the option of more extensive code revisions later, and staff said they expect to return with follow‑up materials as stakeholder input and court timing permit.
