Mixed Signals Given on Desalination Project

The Huntington Beach City Council early Wednesday approved an environmental report supporting construction of the nation’s largest private desalination plant, yet signaled it would probably kill the controversial seawater-to-drinking-water project.

But the mixed message could lead to legal headaches should the plant owner later challenge the city’s decision in court, legal experts said.

By approving the report, the city puts itself in a vulnerable position by indicating that the project meets all environmental concerns, said Gregory Hurley, an environmental lawyer. “They haven’t boxed themselves in, but they’ve crippled their arguments a little,” he said.

“There was a lot of squirming going on,” said Councilwoman Debbie Cook, who voted against the environmental report. “I think a lot of council members don’t want to support this project, but they’re not sure how to go about denying it.”

The council voted 4 to 3 to approve the environmental report about 3:30 a.m. Wednesday, after more than five hours of public comment by 78 residents, environmentalists and experts. More than 200 people filled the council chambers. By meeting’s end, about 50 remained.

A final vote on the project was tabled until Oct. 18.

Poseidon Resources wants to build a $250-million desalination facility in southern Huntington Beach next to the AES power plant on Pacific Coast Highway. It would produce as much as 50 million gallons of fresh water daily. The water would be sold, though it’s unknown to whom.

Poseidon officials said they were pleased but not overly confident about their project’s chances for final approval.

“It’s not a victory; I think it’s a successful step,” said Billy Owens, senior vice president of the Connecticut-based company. “At this stage we’re cautiously optimistic because [city officials] have determined that environmental issues were not negative to the community.... If it meets code and is safe for the community, it should be a lot more reasonable to find a way to make this project successful.”

This was Poseidon’s second attempt to win approval from the city. In 2003, the council rejected the project because officials said its environmental report understated the project’s effects on marine life. Poseidon revised and resubmitted the report this year.

Proponents say the proposed plant is necessary to support population growth and development over the next 20 to 30 years. Poseidon has also offered to build the city a 10-million-gallon storage tank for emergency use.

Critics, however, say the project represents an improper use of the ocean -- a public resource -- for a private company’s profit.

Poseidon has yet to find customers for its desalinated water, which would sell for about $1,000 an acre-foot, officials said. Groundwater from an aquifer costs about $200 an acre-foot; the price of imported water is about $500 an acre-foot.

City staff endorsed Poseidon’s most recent proposal, saying the project addressed earlier environmental concerns, conformed to the area’s designated land use and would result in aesthetic improvements to the area.

But after Wednesday’s vote, some environmentalists said they were confused by council members who approved the report but indicated they would reject the overall project.

Members of the council said that if they rejected the report, Poseidon would just come back a third time.

If the project is approved by Huntington Beach, it must still be approved by the California Coastal Commission.