ACQUIRING THE LAKE BOTTOM IS "EMINENTLY" REASONABLE-

ROYAL GORGE LLC'S REFUSAL TO SELL IT IS NOT


After doing a bit of ferreting about in old Serene Lakes history, some curious things have turned up. It seems, in the not so distant past, that the relationship between the original developer, the Sierra Lakes Club, and the early water board was not all sweetness and light; there were contentious issues over who owned the lake, and who owned the water-- lots of muddy currents, with the water rights inexplicably changing hands between various entities.


Fast forward to today, where the water rights are at least solidly SLCWD's.  The question is, though, why does Royal Gorge LLC, whose interests clearly might not remain in perpetual accord with SLCWD and Serene Lakes property owners, own the lake bottom, parts of the greenbelt (the parts not in other private ownership), and who knows what else? At present, SLCWD even needs an easement, of all things, just to maintain the dam! If SLCWD needs to move the intake pipe, to allow for a better water draw when the lake is frozen, they'll need to negotiate that with Royal Gorge LLC.


Wouldn't it make both financial sense and "horse sense" for SLCWD to own the whole kit and kaboodle?  Yes, and for quite some time SLCWD has been negotiating for the purchase of the lake bottom, and the greenbelt, with a seemingly intransigent Royal Gorge LLC. These negotiations have gone nowhere fast, and a few water board meetings ago Mike Livak, Royal Gorge LLC's representative, expanded to expounding on how Royal Gorge LLC would defend their private property rights.


What possible private property rights could Royal Gorge LLC have in the lake bottom, which they've never been assessed a penny of property tax on, because Placer County considers it useless? They can't build anything on it, and they can't do anything to it that harms our water supply. Do they want it for some sort of bargaining chip, to save to use against SLCWD on a (not) rainy day?


Some years ago, when the present Ice Lakes Lodge was built, the board of SLCWD elected not to purchase the lake bottom, as they trusted the relationship they had with the former owner of Ice Lakes Lodge, and saw no purpose in the purchase.  Times change, and now it appears that maybe that wasn't such a good judgment call.


When you have a developer such as Royal Gorge LLC, who is seemingly desperate for water, suggesting raising the dam on the lakes, which would ruin the greenbelt and little islands, and proposing dredging, which could damage the bottom of the lake, possibly opening up fissures, it becomes apparent that it would be in the best interests of all if SLCWD, who has the ongoing health of the water supply at their heart, acquires the lake bottom and green belt.


How much will this cost?  Since Royal Gorge LLC never really paid anything for the lake bottom, as it piggybacked on the Ice Lakes Lodge property, and as they've never paid any taxes on it, how about $1.00? Sound reasonable?


Add in Royal Gorge LLC's propensity to throw a law firm or two at every perceived issue at the water board, though, and I'm sure they'll make it cost a lot more in frustration, wasted time, and legal fees-- money that would be better spent on our infrastructure upgrades. Sometimes this "scorched earth" developers' technique gets old, especially when it gets in the way of the ongoing tasks of maintaining and upgrading our water and sewage systems, and caring for the lakes we love.


It seems to me that if Royal Gorge LLC refuses to act reasonably, there is not a clearer case of present necessity than now-- SLCWD needs to acquire the lake bottom and greenbelt, to protect our water supply and the health of our lakes--


In this case, eminent domain is eminently reasonable-- If Royal Gorge LLC does not act reasonably, then SLCWD should stop letting them beat about the bush, and start proceedings as soon as possible.