City Wins Approval to Divert, Sell Conejo Creek Water

THOUSAND OAKS —  Capping nearly two decades of squabbling with local water agencies, farmers and environmental groups, the city has obtained state permission to recapture and sell most of the treated waste water it deposits in Conejo Creek.

The State Water Resources Control Board voted unanimously Thursday to allow Thousand Oaks to divert and sell up to 10,000 acre-feet of water from Conejo Creek.

As a result, Thousand Oaks will now make about $500,000 a year from the treated waste water and runoff that have been flowing from Conejo Creek to Calleguas Creek and into the Pacific Ocean.

Named the Conejo Creek Diversion Project, the undertaking will be the first of its kind in Ventura County and one of a few in California where a government agency is placing treated waste water in a creek, then pumping it out later downstream.

“We’re doing some things that have never been done before in this region,” said Public Works Director Don Nelson, who has overseen the project since its inception. “We’ve got a landmark decision within the state, and now I want to put the water to good use.”

Thousand Oaks intends to sell the water it diverts to the Calleguas Municipal Water District, the wholesaler for 75% of the county’s water supply, which in turn will distribute it to the Pleasant Valley and Camrosa water districts. Those districts will then sell the water to farmers for irrigation and to others for nonpotable uses, such as landscaping.

Expected to cost $9 million, the diversion facility, a network of pipes and other improvements needed to make the plan work, could be completed as early as 1999. Calleguas will pay for 60% of the work, and Camrosa will pay the rest.

“It’s kind of anticlimactic after all this time, but it’s nice to have it finalized,” said Richard H. Hajas, the Camrosa Water District’s general manager. “It’s a fair compromise for everyone, I believe. We have some environmental measures we’ll need to take, but the controversy should be over.”

Thousand Oaks’ proposal met with opposition on several fronts over the years.

The state Department of Fish and Game fought against the diversion plan, arguing that a drop in water levels at Conejo Creek could drastically impact the creek habitat and such sensitive species as the Southwestern pond turtle.

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Although it did agree to take several measures to protect the Conejo Creek environment, Thousand Oaks argued that if it were not for the incorporation and growth of the city, the creek would be a dry wash with little animal life.

Morgan Wehtje, the agency’s wildlife biologist for Ventura and Santa Barbara counties, flew to Thursday’s hearing in Sacramento to make her case along with other Department of Fish and Game officials. She could not be reached for comment.

Moreover, a coalition of downstream farmers sued Thousand Oaks in the early 1990s, arguing that Conejo Creek went through their property and that they were entitled to pump some of its water for their crops.

But Thousand Oaks officials countered that the water was coming from their city, and that the city owned the rights to it. The farmers won a decision in Ventura County Superior Court in 1992, only to lose on appeal two years later.

Both sides have since worked out a deal whereby farmers will be guaranteed water for the next 25 years at a flat rate. And under the proposal approved by the state Thursday, some farmers will also be allowed to continue pumping water from the creek during certain months if it is determined that there is enough water after Thousand Oaks diverts its share.

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Still, not all property owners are pleased. Howard Jones owns a 60-acre parcel that is divided by Conejo Creek. He contends the increased water flows from the Thousand Oaks sewer plant are eroding away the land where he grows flowers, and he is considering legal action against the city.

“If that’s not my water, and I’m providing them with grounds to spread it down, they should either take their water off my land or pay me,” said Jones, who was not part of the earlier farmers’ suit. “They’re stealing my land.”

In addition to making money for Thousand Oaks, the diversion project will also help the city deal with drought. Because the Calleguas water district will be reusing local water and piping in less imported water from the Sacramento Delta, the agency will receive water conservation credits.

It will share those credits evenly with Thousand Oaks, meaning that the city will be able to “cash in” during water shortages.

“A lot of that water is leaving the area, and we have created a process where we can keep it here in the county,” said Don Kendall, the Calleguas water district’s general manager. “We’re just thrilled about it. It really represents a historic event for the county.”