FPUD, WRC working on equestrian easement

When the Fallbrook Public Utility District sold a 1,384-acre property once planned for a dam, the expectation was that the land would be placed into a permanent conservation easement. The purchase and sale agreement with Western Rivers Conservancy (WRC) stipulated that a recreational trails easement as well as a long-term stewardship agreement would be finalized before the close of escrow.

FPUD's Aug. 22 meeting included an agenda item for district staff to work with WRC staff on an agreement. Although a specific motion did not receive the necessary three votes, the presence of a Western Rivers Conservancy representative at the meeting made a proposed letter to WRC unnecessary.

"They're going to respond," said FPUD assistant general manager Jack Bebee. "The item should get addressed regardless of the letter. They don't need a formal request from the board to address the concerns that are raised."

The concept of a dam has been replaced by the planned Santa Margarita River Conjunctive Use Project which would enhance groundwater recharge and recovery capacity within the lower Santa Margarita River basin and develop a program to increase available water supplies from Camp Pendleton and FPUD.

In September 2015, FPUD's board approved the sale agreement of the 1,384 acres to Western Rivers Conservancy for $9,975,000 while allocating the revenue for funding to construct the Conjunctive Use Project facilities.

The purchase and sale agreement stipulates an escrow closing date of Dec. 31, 2016, unless WRC chooses to increase the deposit and extend escrow to June 30, 2017. The process currently under discussion involves The Wildlands Conservancy undertaking the role as the long-term steward of the entire land and an equestrian easement being granted to the Fallbrook Trails Council. Concurrence in writing by FPUD, WRC, The Wildlands Conservancy, and the Fallbrook Trails Council will be necessary before the agreement could be finalized.

Donna Gebhart is the Fallbrook Trails Council representative in the negotiations and, since her husband is on the FPUD board, Al Gebhart will be recusing himself from any matters involving the agreement.

Bob Anderson, who was not on the FPUD board when the purchase and sale agreement was approved, abstained from the motion to write a letter to WRC. Milt Davies and Charley Wolk voted in favor of that motion, but Don McDougal voted in opposition. Three positive votes are necessary for approval of any FPUD board action.

The oral support of the WRC representative allowed the four FPUD board members without a conflict of interest to provide direction as a non-voting item. "They basically indicated for staff to continue to work with the parties to develop an approach," Bebee said.

FPUD's board will be made aware of the progress. "There will be updates in the next several months," Bebee said.

When a proposed final agreement is ready for FPUD board action the eligible board members will consider that document. "That will all be part of the agreement that goes with the closing," Bebee said.