Memorandum
Date: September 10, 2024
To: The Honorable Lake County Watershed Protection District, Board of Directors
From: Pawan Upadhyay, Water Resources Director
Subject: (Sitting as the Lake County Watershed Protection District, Board of Directors) Consideration of the Watershed Protection District not using any available power of Eminent Domain (including the commencement of eminent domain proceedings) for the purpose of Advancing the Economic Interests of Private Parties in Connection with any Property Comprising the Lease Agreement between the Lake County Watershed Protection District and the Scotts Valley Energy Corporation
Executive Summary:
The property leased by the Scotts Valley Energy Corporation is now fully owned by the Lake County Watershed Protection District (District) and was purchased with funding from the California Department of Water Resources that expressly forbids the use of Eminent Domain when purchasing properties within and for the benefit of the Middle Creek Flood Damage Reduction and Ecosystem Restoration Project, therefore certifying that the property was not purchased with the power of eminent domain nor will the District use any available power of eminent domain, is not a conflict.
On September 20, 2022, the Scotts Valley Energy Corporation (SVEC) was awarded grant funding from Economic Development Administration’s (EDA) Indigenous Communities Program to fund the purchase of equipment for a waste woody biomass depot to process and transform forest thinning biomass from our region into saleable wood products, including biochar. This project will render strong economic and forest fire related safety benefits to Lake County.
On September 20, 2022 your Board, sitting as the Board of Directors for the Lake County Watershed Protection District, adopted Resolution 2022-116 leasing property owned by the District to SVEC. That Resolution was amended on April 23, 2024, to correct a typographical error and allow the lease to be filed with deed as required by the EDA, which has been completed
On July 1, 2024, the EDA then requested that SVEC obtain from the District a signed certification that the District will not use any available power of eminent domain (including the commencement of eminent domain proceedings) for the purpose of advancing the economic interests of private parties in connection with any property comprising the Project.
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Recommended Action: (Sitting as the Lake County Watershed Protection District, Board of Directors) Certify that the Watershed Protection District will not use any available power of Eminent Domain (including the commencement of eminent domain proceedings) for the purpose of Advancing the Economic Interests of Private Parties in Connection with any Property Comprising the Lease Agreement between the Lake County Watershed Protection District and the Scotts Valley Energy Corporation and authorize the Chair to sign.