DWR v. Delta Program Revenue Bonds
MICHAEL WEED (SBN 199675)
Orrick, Herrington & Sutcliffe LLP
400 Capitol Mall, Suite 3000
Sacramento, California 95814-4497
Telephone: +1-916-447-9200
Facsimile: +1-916-329-4900
SPENCER KENNER (SBN 148930)_CHRISTOPHER MARTIN (SBN 249129)_CALIFORNIA DEPARTMENT OF WATER RESOURCES, OFFICE OF THE CHIEF COUNSEL_1416 Ninth Street_Sacramento, California 95814_
Telephone: 916-653-5791
Attorneys for Plaintiff
California Department of Water Resources
SUPERIOR COURT OF THE STATE OF CALIFORNIA
_COUNTY OF SACRAMENTO
CALIFORNIA DEPARTMENT OF WATER RESOURCES,
Plaintiff,
v.
ALL PERSONS INTERESTED IN THE MATTER of the Authorization of Delta Program Revenue Bonds, the Issuance, Sale and Delivery of Delta Program Revenue Bonds Series A, Series B and Subsequent Series, the Adoption of the Delta Program Revenue Bond General Bond Resolution and the Supplemental Resolutions Providing for the Issuance of Delta Program Revenue Bonds, and the Proceedings Related Thereto
Defendants.
Case No. 34-2020-00283112
SUMMONS
Action Filed: August 6, 2020
EXEMPT from filing fees per
Govt. Code § 6103.
Calendar Preference per CCP § 867
NOTICE! YOU HAVE BEEN SUED. THE COURT MAY DECIDE AGAINST YOU WITHOUT YOUR BEING HEARD UNLESS YOU RESPOND NOT LATER THAN OCTOBER 30, 2020, WHICH IS TEN (10) DAYS OR MORE AFTER COMPLETION OF THE PUBLICATION OF THIS SUMMONS. READ THE INFORMATION BELOW.
AVISO! USTED HA SIDO DEMANDADO. EL TRIBUNAL PUEDE DECIDIR CONTRA USTED SIN AUDIENCIA A MENOS QUE USTED RESPONDA NO MAS TARDE QUE EL DIA OCTUBRE 30, 2020, QUE ES DIEZ (10) DIAS O MAS DESPUES DE TERMINACION DE PUBLICACION DE ESTA CITACION JUDICIAL. LEA LA INFORMACION QUE SIGUE.
ALL PERSONS INTERESTED IN THE MATTER of the Authorization of Delta Program Revenue Bonds, the Issuance, Sale and Delivery of Delta Program Revenue Bonds Series A, Series B and Subsequent Series, the Adoption of the Delta Program Revenue Bond General Bond Resolution and the Supplemental Resolutions Providing for the Issuance of Delta Program Revenue Bonds, and the Proceedings Related Thereto:
Plaintiff has filed a civil complaint against you. You may contest the validity of the above matter by appearing and filing with the Court a written responsive pleading to the complaint not later than October 30, 2020, which is ten (10) days or more after the completion of the publication of this summons. Your pleading must be in the form required by the California Rules of Court. Your original pleading must be filed in this Court with proper filing fees and proof that a copy thereof was served on Plaintiff’s attorney. Unless you so respond, your default will be entered upon Plaintiff’s application, and the Plaintiff may apply to the Court for the relief demanded in the complaint. Persons who contest the validity of the matter described below and in the complaint will not be subject to punitive action, such as wage garnishment or seizure of their real or personal property.
DETAILED SUMMARY OF THE MATTER THAT PLAINTIFF SEEKS TO VALIDATE:
The California Department of Water Resources (Department) operates facilities which store, transport and deliver water to urban and agricultural water agencies throughout the State. Since 1960, the Department has approved, planned and constructed a system of water storage and transportation and power generation facilities (the Project). Currently, Project water is conveyed across the Sacramento-San Joaquin Delta through the natural channels of the Delta formed by the confluence of the Sacramento and San Joaquin Rivers, as those channels have been modified over the past 150 years.
In recent years, the Department has undertaken to develop a comprehensive plan for the effective delivery of Project water across the Delta. The Department is currently undertaking environmental review and related planning and design activities regarding potential new Delta conveyance facilities. The facilities under review would transport water from new intake points on the Sacramento River at the northern edge of the Delta through an underground tunnel running below the natural waterways of the Delta to export facilities at the southern edge of the Delta.
Separately, the Department has established a proposed revenue bond financing to finance the cost and expense of the environmental review, planning, engineering and design, and if and when appropriate, the acquisition and construction of Delta water conveyance facilities. On August 6, 2020, the Department adopted bond resolutions authorizing the issuance of revenue bonds for those purposes. Under the bond resolutions, bonds for construction cannot be issued unless specific conditions precedent are satisfied, which include regulatory and statutory requirements regarding the physical and environmental aspects of approving, constructing, and operating Delta conveyance facilities.
On August 6, 2020, the Department filed a validation action to confirm the legal validity of the Department’s proposed bond financing. A validation action is a judicial proceeding in which a governmental agency, like the Department, can confirm the validity of a proposed financial transaction before it commits to or undertakes the transaction. The Department’s validation complaint, the bond resolutions, and a copy of this Summons are available on the Department’s internet website at: https://water.ca.gov/Programs/State-Water-Project/Delta-Conveyance/Public-Information.
YOU MAY SEEK THE ADVICE OF AN ATTORNEY IN ANY MATTER CONNECTED WITH THE COMPLAINT OR THIS SUMMONS. SUCH ATTORNEY SHOULD BE CONSULTED PROMPTLY SO THAT YOUR PLEADING MAY BE FILED OR ENTERED WITHIN THE TIME REQUIRED BY THIS SUMMONS.
SI USTED DESEA SOLICITAR EL CONSEJO DE UN ABOGADO EN ESTE ASUNTO, DEBERIA HACERLO INMEDIATAMENTE. TAL ABOGADO DEBERIA SER CONSULTADO PRONTO PARA QUE SU REPUESTA ESCRITA PUEDA SER REGISTRADA DENTRO DEL TIEMPO REQUERIDO POR ESTA CITACION JUDICIAL.
The name and address of the Court is (el nombre y direccion del Tribunal es):
Superior Court of the State of California, County of Sacramento
Gordon D. Schaber Sacramento County Courthouse
720 9th Street
Sacramento, CA 95814
CASE NUMBER (Número del Caso): 34-2020-00283112
The name, address, and telephone number of Plaintiff’s attorneys is (el nombre, la dirección y el número de telèfono del abogado del demandante, o del demandante que no tiene abogado, es):
Michael Weed
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, California 95814
Telephone: (916) 447-9200
Facsimile: (916) 329-4900
__________________________________
Superior Court Clerk
Dated: __________________________ Clerk, by: ______________________, Deputy
(Fecha) (Actuario)
(Delegado)
[SEAL]
[SELLO]