Inyo County, L.A. Unveil New Pact to End Water War

Inyo County and Los Angeles took a big step toward peace in their long-running water war Friday, unveiling a new agreement to protect Owens Valley plant life and also allow Los Angeles to pump more ground water in some years.

If finally approved, the plan could also soothe feelings about the decades-old presence of the Los Angeles Department of Water and Power in the high desert valley, east of the Sierra Nevada range about 230 miles north of the city line.

But elected officials and two courts must first endorse the agreement, which was reached by DWP and Inyo negotiators in closed sessions.

The agreement would settle--out of court--two lawsuits between Inyo County and Los Angeles. The first, filed by Inyo in 1972, blamed Los Angeles wells for lowering the water table--resulting in the death of many trees and the spread of pesky salt cedar. In 1980, Los Angeles sued to challenge Inyo County’s authority to limit pumping and levy a special, higher property tax rate on the DWP, which owns most Owens Valley acreage.

Los Angeles would continue to obtain a significant share of its water supply from wells tapped into aquifers below Owens Valley. The ground water supplements the major source of Los Angeles water--snowmelt runoff into the Owens River and the Mono Lake basin farther north.

But the agreement would establish an entirely new method for deciding how much ground water Los Angeles could take for its aqueducts, which stretch across the Mojave Desert and through the San Gabriel Mountains to Sylmar.

This year Los Angeles is allowed to pump 170,000 acre-feet of ground water, about 55.4 billion gallons, enough to satisfy 15% to 20% of the city’s water demand. A state Court of Appeal had set the limit at 108,000 acre-feet, but in 1985 Inyo County allowed the limit to rise as part of a temporary legal settlement with Los Angeles.

The agreement proposed Friday would regulate the amount pumped from each well based on the threat of damage to nearby vegetation. Pumping limits would be revised during the year after testing of soil and water table conditions, which change with the snow runoff from the nearby Sierra and with the seasons.

Well pumps found to be threatening plant life with damage would be slowed or shut down until conditions improve, the two sides agreed. This year--the third straight year of reduced runoff from the Sierra--eight of 17 huge DWP wells would be turned off under the agreement, said Greg James, head of the Inyo County Water Department.

But the DWP would also be allowed to drill new wells around the valley. Those wells could be used to make up any lost flow from wells that are shut down.

“I think in the long run there will be more pumping in the valley,” said James, who is also the Inyo County counsel and headed the Inyo negotiating team.

As part of the settlement, Los Angeles would pay $1 million a year to the Inyo County treasury for use as decided by the Board of Supervisors. County Administrator C. Brent Wallace said the payment is partial compensation for the taxes Inyo loses because Los Angeles, the biggest land holder in Owens Valley, is allowed by the state Constitution to pay property taxes at a lower rate than other owners.

The DWP pays about $4 million a year in taxes (more than half of the county’s $7-million General Fund) but Wallace said the county’s share would double if 47,000 acres of Los Angeles land were not exempt from all taxes and if the DWP paid the same tax rate as local residents.

Los Angeles would also pay $2 million over 10 years for new recreation areas and $100,000 a year to maintain Inyo County parks. Los Angeles would also pay $750,000 a year to fund the Inyo County Water Department and another $750,000 for a project to control salt cedar growth.

The DWP also agreed to release more water into the lower Owens River to enhance fishing and wildlife along a 50-mile stretch of river that became dry years ago when Los Angeles diverted the water. The DWP would spend $7.5 million on the project, which includes a pump to take water back into the aqueduct at the end of the river stretch so it would not flow onto the dry Owens Lake.

Owens Valley residents who resent paying their water bills to the DWP would no longer have that annoyance. The DWP would turn over the water systems in Lone Pine, Independence and Laws to local authorities within five years. The Lone Pine Reservoir would also be replaced.

The DWP would also place up for public sale 26 acres it owns in Bishop and 75 acres elsewhere in the valley. The sale is part of a desire by local officials to put more land back in private hands to allow at least some growth.

Inyo County Supervisor H. B. (Lefty) Irwin said the agreement has strong backing on the Board of Supervisors, who will vote on the agreement May 9, but he said there were many times in recent weeks when talks almost collapsed.

“I for one wanted to walk out many times,” Irwin said. “Many times we thought it was all over.”

Several public hearings will be held in April to hear comments from Inyo County residents, who have been told little of the talks. Irwin said the secrecy was justified, given the tense relationship between Owens Valley and the DWP.

“It’s hard to negotiate with the public watching us,” Irwin said.

Approval will be more complicated in Los Angeles. The Board of Water and Power Commissioners must ratify the pact, then send it to the Los Angeles City Council for final approval.

“We’re very pleased there is flexibility in the agreement,” said Duane Buchholz, assistant DWP engineer for the Los Angeles Aqueduct.