The Outrageous Reinvention And Public Failure of the MWA
The Mojave Water Agency (MWA) was founded July 21, 1960, due to concerns over declining groundwater levels. In June of 1960 the people voted the Mojave Water Agency into existence, casting 2,860 votes in favor, with 606 votes in opposition. Because the economy of the high desert in 1960 was based primarily on farming and ranching, a majority of the MWA’s first board of directors were farmers and ranchers. For comparison, the City of Victorville was incorporated on September 21, 1962, with a population of approximately 8,110. The 2000 Census had the Victorville population at 64,029, and the 2010 Victorville population estimate is at 110,318.
Half A Century Later- Its All About Victorville
A lot has changed in the 50 years since the MWA was formed by a election of 3,466 total area votes and the economy for the area was primarily farming and ranching. Since 1960 the population had increased from no more than 20,000 in the MWA boundaries to well over 300,000 in 2010. Farming and ranching have all but disappeared from the area, replaced by housing tracts and Victorville’s power plants and other water based industries. Politics have changed too. The MWA has been taken over by developer interests and the public interest has been abandoned. The public record shows all of the MWA board members are recipients of developer campaign donations far above all public contribution amounts combined. To put it simply, the MWA agency works for Buck Johns, the Inland Group and the BIA instead of the tax paying residents of the High Desert.
Growth Equals Never Ending Tax Revenue For MWA
50 Years later in 2010 the MWA has been transformed into an self appointed unaccountable tax and spend black hole. Its responsibility to the residents of the Hugh Desert who created it and who have paid millions of tax dollars into its coffers over the last half century has been forgotten. Water jargon, acronym’s and double talk about interpreting the legal language is what you hear from the agency when they are asked what they have accomplished. Only the MWA as a local public taxing agency has spending hundreds of millions of tax dollars and has nothing to show for it but numbers on paper. No actual water was ever purchased, only the right to buy to water in the future, if it becomes available. The MWA deals in abstract terminology, spending real tax dollars for nothing in return but a bet on future water availability with its price still to be determined. $100 million tax dollars to be placed on the water wish list? As a skeptic, I always ask-Who Benefits? Certainly not the taxpayers.
The Marching Orders Meeting
On February 28, 2008 the Mojave Water Agency held a board meeting that I think played a significant part in defining the role and the policy for the MWA. I was stuck by the participants, the comments and the MWA proposal at the end that I believe was the developer-Victorville powers giving the MWA their marching orders. The bold text was copied from the 2008-03-13 Agenda Packet BOD minutes from the 2-28-08 meeting.
The Board heard public comments from Mr. Jim Tatum, Apple Valley resident; Mr. Jon Roberts, City of Victorville; Mr. Buck Johns, Inland Energy; Mr. Scott Weldy, Apple Valley Ranchos Water Company; and Mr. Terry Caldwell, City of Victorville.
Some notable comments expressed were concerns related to providing long-term water supply in order not to inhibit economic growth of the area and support of obtaining additional entitlement. In addition, the Mojave Water Agency Board was commended for preplanning in the area of water supply, as well as on past achievements.
President Page concluded by encouraging the Board to have vision to prepare for continued growth of the area. Mr. Brill will compare the opportunities and threats identified with the current policies and programs of the Mojave Water Agency and report back to the Board with recommendations on potential policy revisions.
After the setup, Kirby Brill delivers the plan to buy the water rights from Dudley Ridge for $73.5 Million Dollars. The deal was agreed to on April 30,2009 , more then a year after this meeting.
Comments were expressed from Mr. Terry Caldwell, City of Victorville; Mr. Buck Johns, Inland Energy; Mr. Jon Roberts, City of Victorville; and Mr. Jim Tatum, resident of Apple Valley.
The comments included encouragement for the Board to purchase all available water supplies; development of a plan for long-term water supply including treatment and conveyance; and increased focus on public education. It was felt that the current cost of water is relatively low and all financial resources including taxation, water rates, and development impact fees should be considered to bring additional water supply to the area.
The Board was encouraged by the comments received at this meeting to pursue resources to purchase all available State Water Project water of the Mojave Water Agency as well as possibly acquiring additional entitlement.
The Board concurred with Mr. Brill’s recommendation that focus need to be on acquiring an additional 15,000 acre-feet of entitlement at an estimated cost of $5,000 per acre-foot.
Like a bookmaker who has inside information before the game is played, Mr.Brill’s recommendation was amazing close to the numbers that were finalized on April 30, 2009 between the MWA and the Dudley Ridge Water District. The MWA bought 14,000 acre feet of water-purchase rights for $5,250 an acre foot. Is Mr Brill clairvoyant? Or was this deal in the works years before it was signed?
Water Agency And Watermaster All In One- No Public Oversight Or Accountability Equals A Easily Corruptible Government Agency
In an amazing overlapping of government agencies roles and authorities, the MWA actually is the agency that has oversight of itself. As Watermaster in addition to making decisions as the MWA board, the 7 board members and their legal council answer to no one. They are the judge, the jury and the executioner as far as water issues for the High desert.
In October 1993, the Mojave Water Agency was appointed Watermaster by the Riverside County Superior Court for the purpose of administering and implementing the Judgment, which set forth a groundwater allocation system for the Mojave Basin.
The Watermaster's main responsibilities are to monitor and verify water use, collect assessments, conduct studies and prepare an annual report of its findings and activities to the Court as outlined in the Judgment. Additionally, the Watermaster acts as the clearinghouse for recording water transfers and reports changes in ownership of Base Annual Production rights to the Court.
Although the press release says “Performance of Watermaster duties requires the MWA to segregate and separately exercise its powers delegated by the Court under the Judgment from its statutory powers as MWA.” I don’t have any faith that the MWA board can separate the 2 jobs. They are political operatives. This is a classic example of a lack of checks and balances leading to a corrupt system of government. It needs to be changed. The MWA needs to be reexamined, and its role needs to be redefined. Public checks and balances need to be put in place. As a public agency that collects its revenue from taxing the public, the public interest needs to become the priority for the MWA.