Page 2 - The Friday Flyer • April 10, 2015

A-2 THE FRIDAY FLYER APRIL 10, 2015 POA asks court to answer questions . . .
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Levine said members are not in dan- ger of losing recreational privileges and the CLPOA is not the one in default, since it has actually overpaid what is owed to EVMWD. He reiterated what was explained in the Association’s re- cent press release:
“The Association has overpaid under the lease and has informed EVMWD of this fact. The California Constitu- tion prohibits the charges that EVMWD has levied upon the Association. The Association is seeking a refund of over $6,000,000 in overpayments since 2010. If a court determines that the Associa- tion needs to pay more than it has paid, the money is available. The money for the quarterly payments is being placed into an escrow account for this exact purpose.”
He said EVMWD had put forth a settlement proposal that was unaccept- able and asked, “How is it negotiation if they say ‘take it or leave it?’”He further explained how members of the CLPOA Board have tried to coordinate meetings with members of the EVMWD Board, but EVMWD’s legal counsel would not allow the meetings to take place.
Levine said a meeting between the general managers and attorneys of both sides was scheduled for September 2014, but was cancelled by the water district attorney after it was learned the CLPOA had hired water litigation ex- pert Scott Slater. Levine did not describe Slater’s qualifications other than to say “he wrote the book” on water law. (See sidebar for Slater’s résumé.)
Levine said it has been a team effort between Scott Slater’s law firm and the Association’s law firm of Sildorf and
A crowd of residents, real estate agents and private attorneys packed into the Holiday Bay Room on April 2 to hear about the lake lease dispute between the CLPOA and EVMWD.
Levine to develop a plan of action. “That plan of action is in play today,” Levine noted. “The Board decided to follow this. It was unanimous.”
He went on to explain the two law- suits.
The lawsuit filed on March 20, 2015 is a Declaratory Relief lawsuit filed on behalf of the Association and all mem- bers who own waterfront property. Levine showed a map of Canyon Lake demonstrating the “shore zone” that be- longs to EVMWD.
He pointed out that most backyards
and a portion of some houses fall with- in the shore zone; and indeed, even the building where the meeting was being held, the Lodge and all improvements on the point of land where the Lodge stands, fall within the shore zone.
“The current lake lease expires on December 31, 2022. Given the inabil- ity of the Association and EVMWD to come to a long term agreement to extend the lease, the Association seeks a ruling from the court that tells both parties their respective rights and obligations at the end of the year,” Levine explained in the
meeting and in the recent press release. “Without this information, EVMWD has taken the position that, without the lease, all of the improvements within the shore zone will have to be taken out. The Association disagrees.”
The factors that support the Associa- tion’s position can be read in the lawsuit on file in Riverside County Superior Court. It is not a class action lawsuit.
The second lawsuit, Levine ex- plained, asks the court to declare that the
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PHOTOS BY SHARON RICE