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Could saving trails jeopardize water project?

As the effort continues to preserve the Santa Margarita Trails for future public use, a question begins to form. Given that the land in question is smack dab in the middle of the plan for the Conjunctive Use Project and being sold to Western Rivers Conservancy, which Fallbrook Public Utility District (FPUD) has worked with Marine Corps Base Camp Pendleton for years to create, could it jeopardize the project?

"Whether the sale of the property would involve a decision between receiving funds for construction of new, local water supply versus maintaining existing hiking and equestrian trails, the board feels that both objectives can be accomplished," said Brian Brady, general manager of FPUD.

At FPUD's board meeting on Monday, Jan. 25, a group of equestrians, members of the Trails Council, and other users of the recreational Santa Margarita Trail system, increased their pleas for long-term protection of the property via a "recorded, floating easement." The group also presented the board with a petition signed by approximately 1,327 individuals and local business owners. In addition, several of the attendees asked to address the board during the Public Comment period.

"I don't believe you should sell the Santa Margarita River," said equestrian Arlyne Eyerman, who originally moved to Fallbrook in 1968. "If you do, you need to add the floating easement before the close of escrow. I want to know what steps have been taken so far."

"We are talking about conserving one of the last free-flowing rivers," said Trails Council president Donna Gebhart. "We want to make sure this is preserved for many reasons. For those who don't know, the Santa Margarita River trail is part of the Lion Corridor – from Palomar Mountain to the ocean."

The 1,400-acre Santa Margarita River property was placed

into escrow last year so it could be transferred to the Western Rivers Conservancy, with the end goal of holding the property in perpetuity as a conservation easement with Camp Pendleton. Camp Pendleton indicated that it would pay 50 percent of the $10 million market value and would find an additional partner to pay the other half of the fair market value.

"From FPUD’s point of view, the goals [of the property sale] are multiple," said Brady. "One is, of course, to receive the value for the property sale in order to pay for a good portion of our water supply project for customers. Secondly, we want to assure there is a permanent conservation easement in perpetuity that’s ironclad.”

"FPUD is selling the property, and Western Rivers is putting up $5.5 million for the property," said Brady. "The marine base will put about $5 million into a permanent conservation easement for the property." Talks between the various parties have been going on for well over a year, he said, and the process may go into the second or third quarter of the year.

As they did before, members of the FPUD board said again at the Jan. 25 meeting they would not finalize the property sale unless it is convinced that there is a proposed stewardship agreement that allows for currently existing trails to be accessible to the public.

"Why is FPUD dragging its feet recording this floating easement?" asked resident and trail rider Lita Tabish.

"When you sell, you don't hide things and hope to fix them in the future," added Linda Marshall, a 20-year resident.

Board president Milt Davies said, "There is some concern over doing this in a legally correct way and we are awaiting legal opinions we have sought."

In addition, the board is waiting on a legal determination regarding Fair Political Practices as to whether or not two of FPUD's board members (Bert Hayden and Al Gebhart) will be permitted to execute decisions relating to the situation due to the fact that they own property near the land being sold.

"This board is unanimous in agreement that no agreement

will be executed unless there is permanent protection for the [Santa Margarita] trails," said board member Don McDougal.

In previous conversations, it has been said that if the property is not sold, FPUD anticipates the economics of the Santa Margarita River Conjunctive Use Project (a $40 million project) could become more challenging, especially if the marine base shifts money to other projects.

For now, Brady feels confident all will transpire smoothly. "The board believes it has minimized the risk of the trails being eliminated from the property by structuring the sale so that they have the ultimate decision-making approval whether the property gets sold, and are unanimous in maintaining the trails."

FPUD board president Milt Davies put the situation into clear perspective.

"We are trying to balance two very important rights – the public's right to have water and the public's right to have recreation," said Davies. "Protecting both rights is the goal."

Andrea Verdin contributed to this story.

 

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