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River Valley Times

Water Emergency Declaration Stalls after Packed, Divided Hearing

Feb 13, 2026 12:50PM ● By Gail Bullen, River Valley Times Reporter

District counsel Patrick Enright outlines the legal requirements for declaring a water emergency during a Rancho Murieta Community Services District hearing Feb. 10 that drew about 230 attendees. Photo by Gail Bullen

Water Emergency Declaration Stalls after Packed, Divided Hearing [4 Images] Click Any Image To Expand

RANCHO MURIETA, CA (MPG) - Following a year and a half of organized community efforts urging a development moratorium, the Rancho Murieta Community Services District board took no action Feb. 10 on whether to declare a water shortage emergency.

The public hearing, held at the Rancho Murieta Country Club to accommodate the crowd, drew roughly 230 residents and lasted nearly three hours.

After nearly three hours of testimony, Director Randy Jenco moved to adopt the resolution declaring a water shortage emergency, but it died for lack of a second. Board President John Merchant then moved to defer the item to a future date, but that motion also failed. The hearing closed without a vote.

Packed Room, High Stakes

The standing-room crowd filled the Murieta Room. Speakers frequently drew applause, underscoring how deeply divided the community has become over water supply, growth and governance.

Legal Framework Outlined

District counsel Patrick Enright provided a detailed presentation, at times hampered by microphone issues. He reviewed the legal requirements under California Water Code section 350, which requires the board to determine that ordinary water demands cannot be met without compromising essential needs such as sanitation and fire protection.

He referenced the 2024 draft Integrated Water Master Plan, which concludes the district may lack adequate supply during extended drought without augmentation, and cited Senate Bill 552, adopted in 2021, requiring small water systems to demonstrate drought resiliency and identify a backup source.

Enright noted the district relies solely on winter diversions from the Cosumnes River and outlined potential augmentation options, including groundwater wells, possible use of Lake Clementia, water banking and interties with neighboring systems.

Attorney Warns of Legal Fallout

Ten speakers opposed declaring a water emergency, warning of litigation and financial consequences.

Ellen Moskal, an attorney representing Rancho Murieta Properties, argued the draft 2024 water plan does not constitute substantial evidence under state law because it has not been finalized or adopted. She said the proposed resolution was legally ambiguous, declaring an emergency without defining what restrictions would follow, and warned the district could face costly lawsuits.

Several other speakers echoed those concerns. Mike Metzger said he respects the passion of SOLOS (Save Our Lakes & Open Spaces) and the more than 2,000 residents who signed its development moratorium petition, but he described the situation as a long-standing leadership failure rather than an emergency. He argued the district has had years to address water augmentation and has not followed through.

Jeff Burkheimer argued there is no immediate shortage and said a formal Water Supply Assessment would still be required before Rancho North construction proceeds. He warned a moratorium could expose ratepayers to tens of millions of dollars in legal and infrastructure costs.

Catherine Silvera said the draft study “would not stand up in court.” Tom Shewchuk urged the board to finalize and vet the water data before taking such a consequential step.

Judy Bernal said imposing a moratorium on new water connections could negatively affect property rights, lending and home equity, warning it could depress property values and invite legal challenges.

Jeff Pearson, Rancho Murieta Properties’ project manager, said significant groundwater work had been done in past years before being halted by the district.

“Please don’t vote to stop again,” he said. “We have momentum. We have a willing landowner. We have a willing group within the district that’s working. Let’s move forward and solve this problem.”

Tony Velez, RMP’s chief financial officer, said the developer owns much of the open space and golf course property used by residents and would be essential to any future infrastructure expansion.

“We are not the problem. We are part of the solution,” he said.

Supporters Cite Drought Risk

Nine residents spoke in favor of declaring a water emergency, arguing that waiting could put the community at risk during the next severe drought.

Janis Eckard said she has reviewed district water studies dating back to 1989 and believes the district has consistently overestimated available supply. She emphasized that Rancho Murieta lacks sufficient reservoir storage and has never secured a confirmed backup water source.

“Rancho Murieta needs to know how many homes can be safely supported by the existing water supply,” Eckard said. “And taking a pause to get this right by issuing a water emergency is a step in the right direction.”

Jim Farrell warned the community “will run out of water” if confronted with another severe drought and called for an independent consultant to reconcile disputed data.

Several additional speakers did not explicitly weigh in on whether a moratorium should be enacted but addressed related issues, including wildfire evacuation concerns, storage capacity, regulatory timelines and the accuracy of the district’s acre-foot demand calculations. Others emphasized the need for collaboration, careful review of water supply data and long-term planning.

Realtor Deb Brittan expressed frustration over the division within the community and closed her remarks with an emotional prayer.

Groundwater Debate Resurfaces

Groundwater again surfaced as a central issue.

Certified hydrogeologist Patrick Dunn said multiple studies over the decades, including his, have identified viable groundwater resources but were halted before production wells were installed.

Sloughhouse rancher Jay Schneider said the district drilled a well on his ranch in 2002 as part of an earlier effort to secure a secondary supply and later capped it. He offered again to allow the district to use the well at no cost.

In a letter read at the meeting, Rancho Murieta geologist Greg Wheeler cautioned that large-capacity production wells within the community may be limited by local hydrogeologic conditions, reinforcing longstanding questions about whether sufficient groundwater can be developed inside district boundaries.

Board Divided

The board appeared divided on how to proceed.

Before joining the board, Merchant spearheaded a 2024 SOLOS petition seeking a development moratorium that garnered more than 2,000 signatures. Merchant and Directors Linda Butler and Bill Gere previously voted to move forward with the water emergency declaration process, while Directors Jenco and Tim Maybee have opposed it.

During board comments, Maybee questioned why the resolution had been placed on the agenda after what he described as a prior closed-session consensus not to move forward. Merchant said he directed it be agendized so the board could consider it.

Gere said he was not ready to support the resolution and wanted more time to review the information and speak with stakeholders.

Jenco reiterated his belief that declaring an emergency would likely result in costly litigation that ratepayers would ultimately fund.

Merchant spoke at length about what he described as deficiencies in past water studies, the need for a confirmed secondary supply and uncertainty surrounding groundwater capacity.

When Merchant called for a motion, Jenco moved to adopt the resolution. It failed for lack of a second. Merchant then moved to defer the matter, but that motion also received no second. The board unanimously voted to adjourn.

County Supervisor Attends

Sacramento County Supervisor Rosario Rodriguez attended the hearing and later told the River Valley Times she was present because the issue is “a hot topic” in her district. She expressed confidence the community would ultimately find a resolution.

The 428-page agenda packet, including counsel’s PowerPoint presentation and the full audio recording of the meeting, is available on the district’s website.

 

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