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Board of Directors
    June 10, 2010
Supply costs shifted to transportation rate
◦ Financial impacts to Water Authority
◦ Disincentive for
     Conservation
     Cost-effective local water supply development
     Beneficial use of transportation facilities
Closed session
 l   d




                                                     2
MWD’s rate structure misallocates significant
water supply costs to transportation
◦ ~80% of MWD’s State Water Project supply costs
  misallocated through the System Access Rate and
  System Power Rate onto transportation
◦ Local water supply development funding
  (recycling, d
  (     li    desalination and conservation)
                  li ti      d         ti )
  misallocated through the Water Stewardship Rate
  onto transportation




                                                    3
Water Authority worked within all available
forums at MWD to resolve rate dispute
f       t       t     l    t di     t
◦   Cost of Service Review process (2009)
◦   Member Agencies Managers (2009-2010)
               g            g
◦   Budget & Finance Committee (2009-2010)
◦   Three Board of Directors’ Budget Workshops
    (J
    (January, February & March 2010)
           y,        y               )
Fully engaged at staff and board level
Presented analysis, letters and testimony to
support f i resolution
       t fair   l ti



                                                 4
March public hearing
◦ Bartle Wells Associates study, oral and written
  B l W ll A        i        d      l d i
  testimony at Business & Finance Committee and
  Board
April public h
    l   bl hearing
◦ Bartle Wells Associates letter, letter from Water
  Authority Special Counsel
          y p
No substantive response from MWD
No substantive response from other MWD
member agencies
◦ Other member agencies lack motivation to correct



                                                      5
MWD agrees that the Water Authority has
exhausted its administrative remedies:
◦ “We agree that SDCWA’s participation in the four-month
 process that led to adoption of water rates on April
 13, 2010
 13 2010, which included participation of SDCWA board
 members in board and committee
 meetings, participation of staff in meetings for member
 agency representatives, and submission of comments to
  g    y p                  ,
 the Business and Finance Committee and the
 board, exhausted SDCWA’s administrative remedies with
 respect to the consideration and adoption of those
 rates.” -- Sydney Bennion, MWD’s Assistant General Counsel, to Water
   t ”        d                ’                  l       l
 Authority General Counsel Dan Hentschke on behalf of MWD General
 Counsel Karen Tachiki




                                                                        6
MWD’s imported water supply costs appear
artificially low
By making imported water supplies appear
less expensive than they really are
◦ Local agencies have no incentive to develop new
  local supplies
          pp
◦ Water users have less incentive to conserve water
◦ Local projects that really are cost-effective are
  discouraged




                                                      7
MWD’s transportation rate is artificially high
◦ Discourages use of MWD’s transportation facilities
   Artificially increases cost of water transfers
   Discourages cost-effective local water supply programs and
   projects which require use of MWD facilities
◦ All MWD member agencies would benefit financially from
  increased use of facilities
Because Water Authority uses MWD
transportation services for QSA supplies
◦ Water Authority overpays for transportation
◦ All MWD member agencies underpay for water supplies



                                                                8
Year   $/AF
2003   $253
2004   $253
2005   $258
2006   $258    5-year
2007   $258   Time-
              Time-out
2008   $278
2009   $278
2010   $314
2011   $372
2012   $396




                         9
$2,105 
                                                          $1,637 
                        $1 311
                        $1,311 
           $1,033 

$330 
$330                                             $330 
                                                 $330


            Low                                            High


        Next 10 Years             35 Year Term           45 Year Term



                                                                              10
$250
              $230
$225
$200
$175
$150
                     Delta Fix
$125   $116
$100                 Water Stewardship
 $75                 State Water Project
 $50
 $25
  $0

       Low    High



                                           11
$550
                     $500
                     $450
                     $400
                     $350
                     $300
                     $250
                     $200
                     $150
                     $100
                      $50
                       $0
                               2011    2012    2013   2014   2015   2016   2017   2018   2019   2020   2021   2022   2023   2024   2025   2026   2027   2028   2029   2030
Total                          $50     $57     $66     $71    $76    $80    $84   $103   $124   $146   $384   $396   $408   $421   $434   $448   $462   $477   $493   $510
Water Stewardship ‐ High
Water Stewardship ‐             $0      $0     $0      $0     $0     $0     $0     $0     $0     $0    $87    $91    $95    $99    $104   $109   $114   $119   $125   $130
$40B Delta Fix                  $0      $0     $0      $0     $0     $0     $0     $0     $0     $0    $103   $103   $103   $103   $102   $102   $101   $101   $101   $100
$10B Delta Fix                  $0      $0     $0      $0     $0     $0     $0     $0     $0     $0    $34    $34    $34    $34    $34    $34    $34    $34    $34     $33
Water Stewardship ‐ Low
Water Stewardship               $9     $10     $12     $13    $14    $14    $15    $18   $22    $26    $29    $30    $32    $33    $35    $36    $38    $40    $42     $43
State Water Project            $41     $47     $54     $58    $63    $66    $69    $85   $102   $120   $131   $137   $144   $151   $159   $167   $175   $184   $193   $203

        QSA Wheeling 
         (1,000 AF)           160     170     180     180    180    180    180    210    240    270    280    280    280    280    280    280    280    280    280     280




                                                                                                                                                                      12
Some MWD member agencies analyzed
impacts of current rate structure
i    t f         t t t       t
◦ Water Authority’s estimates are more conservative
◦ Agencies’ analysis shows similar magnitude of cost
   g            y                     g
  impacts if water supply costs are properly
  accounted for
   Numbers differ due to different time periods analyzed
   and differences in other assumptions
Agencies object to change in rate structure
Other agencies favor status quo because they
benefit from the misallocation


                                                           13
City of Anaheim     $0.4
                       City of Beverly Hills   $0.2
                           City of Burbank
                              y                $0.2
                                               $
                           Calleguas MWD              $2.0
                       Central Basin MWD         $0.9
                          City of Compton      $0.0
                             Eastern MWD          $1.7
                             Foothill MWD      $0.2
                          City of Fullerton    $0.2
                           City of Glendale    $0.4
             Inland Empire Utilities Agency
                a d   p e Ut t es ge cy           $1.4
                        Las Virgenes MWD       $0.4
                        City of Long Beach      $0.6
                        City of Los Angeles                         $7.6
                   MWD of Orange County
                   MWD of Orange County                      $4.3
                          City of Pasadena     $0.4
‐$26.6   San Diego County Water Authority
                      City of San Fernando     $0.0
                        City of San Marino
                        City of San Marino     $0 0
                                               $0.0
                         City of Santa Ana     $0.2
                      City of Santa Monica     $0.2
                       Three Valleys MWD         $1.2
                           City of Torrance
                           City of Torrance    $0 3
                                               $0.3
                  Upper San Gabriel MWD        $0.1
                         West Basin MWD               $2.2
                            Western MWD           $1.4                     14
Authorize General Counsel and Special Counsel to file
suit challenging Metropolitan s allocation of State Water
                 Metropolitan's
Project costs and Water Stewardship costs under its
current rate structure.
Confirm the chair s appointment of a negotiating team
             chair’s
and authorize continued negotiations with Metropolitan
pursuant to the Exchange Agreement.
Direct the General Manager to:
◦ Return at the June 24th Board meeting with a recommendation
  to initiate a rate structure analysis/cost of service study of the
  Water Authority’s rate structure.
◦ Include in the recommended FY 2011 budget the anticipated
  costs of these actions to be taken from the Authority’s
  reserves.



                                                                       15

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Water Authority Lawsuit Against MWD Water Rates

  • 1. Board of Directors June 10, 2010
  • 2. Supply costs shifted to transportation rate ◦ Financial impacts to Water Authority ◦ Disincentive for Conservation Cost-effective local water supply development Beneficial use of transportation facilities Closed session l d 2
  • 3. MWD’s rate structure misallocates significant water supply costs to transportation ◦ ~80% of MWD’s State Water Project supply costs misallocated through the System Access Rate and System Power Rate onto transportation ◦ Local water supply development funding (recycling, d ( li desalination and conservation) li ti d ti ) misallocated through the Water Stewardship Rate onto transportation 3
  • 4. Water Authority worked within all available forums at MWD to resolve rate dispute f t t l t di t ◦ Cost of Service Review process (2009) ◦ Member Agencies Managers (2009-2010) g g ◦ Budget & Finance Committee (2009-2010) ◦ Three Board of Directors’ Budget Workshops (J (January, February & March 2010) y, y ) Fully engaged at staff and board level Presented analysis, letters and testimony to support f i resolution t fair l ti 4
  • 5. March public hearing ◦ Bartle Wells Associates study, oral and written B l W ll A i d l d i testimony at Business & Finance Committee and Board April public h l bl hearing ◦ Bartle Wells Associates letter, letter from Water Authority Special Counsel y p No substantive response from MWD No substantive response from other MWD member agencies ◦ Other member agencies lack motivation to correct 5
  • 6. MWD agrees that the Water Authority has exhausted its administrative remedies: ◦ “We agree that SDCWA’s participation in the four-month process that led to adoption of water rates on April 13, 2010 13 2010, which included participation of SDCWA board members in board and committee meetings, participation of staff in meetings for member agency representatives, and submission of comments to g y p , the Business and Finance Committee and the board, exhausted SDCWA’s administrative remedies with respect to the consideration and adoption of those rates.” -- Sydney Bennion, MWD’s Assistant General Counsel, to Water t ” d ’ l l Authority General Counsel Dan Hentschke on behalf of MWD General Counsel Karen Tachiki 6
  • 7. MWD’s imported water supply costs appear artificially low By making imported water supplies appear less expensive than they really are ◦ Local agencies have no incentive to develop new local supplies pp ◦ Water users have less incentive to conserve water ◦ Local projects that really are cost-effective are discouraged 7
  • 8. MWD’s transportation rate is artificially high ◦ Discourages use of MWD’s transportation facilities Artificially increases cost of water transfers Discourages cost-effective local water supply programs and projects which require use of MWD facilities ◦ All MWD member agencies would benefit financially from increased use of facilities Because Water Authority uses MWD transportation services for QSA supplies ◦ Water Authority overpays for transportation ◦ All MWD member agencies underpay for water supplies 8
  • 9. Year $/AF 2003 $253 2004 $253 2005 $258 2006 $258 5-year 2007 $258 Time- Time-out 2008 $278 2009 $278 2010 $314 2011 $372 2012 $396 9
  • 10. $2,105  $1,637  $1 311 $1,311  $1,033  $330  $330 $330  $330 Low High Next 10 Years 35 Year Term 45 Year Term 10
  • 11. $250 $230 $225 $200 $175 $150 Delta Fix $125 $116 $100 Water Stewardship $75 State Water Project $50 $25 $0 Low High 11
  • 12. $550 $500 $450 $400 $350 $300 $250 $200 $150 $100 $50 $0 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Total $50 $57 $66 $71 $76 $80 $84 $103 $124 $146 $384 $396 $408 $421 $434 $448 $462 $477 $493 $510 Water Stewardship ‐ High Water Stewardship ‐ $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $87 $91 $95 $99 $104 $109 $114 $119 $125 $130 $40B Delta Fix $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $103 $103 $103 $103 $102 $102 $101 $101 $101 $100 $10B Delta Fix $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $34 $34 $34 $34 $34 $34 $34 $34 $34 $33 Water Stewardship ‐ Low Water Stewardship  $9 $10 $12 $13 $14 $14 $15 $18 $22 $26 $29 $30 $32 $33 $35 $36 $38 $40 $42 $43 State Water Project $41 $47 $54 $58 $63 $66 $69 $85 $102 $120 $131 $137 $144 $151 $159 $167 $175 $184 $193 $203 QSA Wheeling  (1,000 AF)         160 170 180 180 180 180 180 210 240 270 280 280 280 280 280 280 280 280 280 280 12
  • 13. Some MWD member agencies analyzed impacts of current rate structure i t f t t t t ◦ Water Authority’s estimates are more conservative ◦ Agencies’ analysis shows similar magnitude of cost g y g impacts if water supply costs are properly accounted for Numbers differ due to different time periods analyzed and differences in other assumptions Agencies object to change in rate structure Other agencies favor status quo because they benefit from the misallocation 13
  • 14. City of Anaheim $0.4 City of Beverly Hills $0.2 City of Burbank y $0.2 $ Calleguas MWD $2.0 Central Basin MWD $0.9 City of Compton $0.0 Eastern MWD $1.7 Foothill MWD $0.2 City of Fullerton $0.2 City of Glendale $0.4 Inland Empire Utilities Agency a d p e Ut t es ge cy $1.4 Las Virgenes MWD $0.4 City of Long Beach $0.6 City of Los Angeles $7.6 MWD of Orange County MWD of Orange County $4.3 City of Pasadena $0.4 ‐$26.6 San Diego County Water Authority City of San Fernando $0.0 City of San Marino City of San Marino $0 0 $0.0 City of Santa Ana $0.2 City of Santa Monica $0.2 Three Valleys MWD $1.2 City of Torrance City of Torrance $0 3 $0.3 Upper San Gabriel MWD $0.1 West Basin MWD $2.2 Western MWD $1.4 14
  • 15. Authorize General Counsel and Special Counsel to file suit challenging Metropolitan s allocation of State Water Metropolitan's Project costs and Water Stewardship costs under its current rate structure. Confirm the chair s appointment of a negotiating team chair’s and authorize continued negotiations with Metropolitan pursuant to the Exchange Agreement. Direct the General Manager to: ◦ Return at the June 24th Board meeting with a recommendation to initiate a rate structure analysis/cost of service study of the Water Authority’s rate structure. ◦ Include in the recommended FY 2011 budget the anticipated costs of these actions to be taken from the Authority’s reserves. 15