BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT:
Title
Denial of May 10, 2024, Claim by Stanford University Against Santa Clara Valley Water District for Refund of Water Year 2023-24 Groundwater Production Charges.
(*Previously listed as Item 12.1)
End
RECOMMENDATION:
Recommendation
Deny Stanford University's claim.
Body
SUMMARY:
Stanford University (Stanford) submitted a written claim by email to Santa Clara Valley Water District's (Valley Water) Clerk of the Board on May 10, 2024 (Claim), demanding a refund of groundwater charges paid in fiscal year 2023-2024. Stanford's claim identifies payments totaling $591,709.50 for the months of July 2023 through January 2024, and states that payments for February 2024 through June 2024 are yet to be determined. Stanford asserts that Valley Water's groundwater charges as applied to Stanford:
1. Violate the District Act;
2. Violate California Constitution, Article XIII C and/or XIIID (Propositions 26 and/or 218);
3. Unlawfully interfere with Stanford's vested groundwater and surface water rights, including unlawful trespass and/or taking; and
4. Violate the Sustainable Groundwater Management Act.
As previously reported, Stanford has long disputed the benefits it receives from Valley Water's management of the groundwater supply in Zone W-2 and has long argued that it should not be required to pay the Zone W-2 groundwater charges. Stanford has submitted similar claims for groundwater charges paid in Fiscal Years 2020-21, 2021-22, and 2022-23. Those claims were denied by the Board.
Stanford asserts that its wells are located in a distinct hydrologic area of the northern portion of the Santa Clara Subbasin, and Valley Water's recharge management activities further to the south do not affect the groundwater level in the northern portion of the subbasin where Stanford pumps groundwater. It also asserts that groundwater-ma...
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