SAN DIEGO — Two local water agencies are pursuing legal action against the City of San Diego over loss of access to water from Lake Hodges, resulting in the release of billions of gallons of water from Hodges Dam.
In the February 2023 legal claims obtained by CBS 8, the Santa Fe Irrigation District and San Dieguito Water District said the city breached its contract with the agencies giving them access to Lake Hodges water.
The state Division of Safety of Dams ordered the water level lowered on Lake Hodges to 280 feet, resulting in the release of more than 11 billion gallons of water from the Hodges Reservoir over the past year due to concerns over the safety of the Lake Hodges Dam.
The districts allege that San Diego has failed to properly maintain and repair the aging Lake Hodges Dam for decades. That alleged lack of maintenance, as reported by CBS 8, resulted in the state placing water restrictions at Lake Hodges.
Those restrictions prevent the Santa Fe Irrigation District and San Dieguito Water District from accessing the water and delivering it to its customers. A spokesperson for one of the districts told CBS 8 that 11 billion gallons represents two years of total water consumption for the two water agencies.
Now, the agencies are pursuing legal action in hopes of recouping the extra cost that has been forced on its customers.
In two tort claims, which are precursors to lawsuits, the districts say the city's water release violates its contract.
"[The water districts have] been deprived of the right to its share of local water flowing into Lake Hodges," reads the tort claim. "The district(s) have suffered and continue to suffer the loss of its share of local water..."
As a result, the Santa Fe Irrigation District and San Dieguito Water District have been forced to go elsewhere for water, resulting in higher bills for customers.
Built in 1918, the Lake Hodges Dam safety rating is currently unsatisfactory. In 2019, state regulators ordered the water level in the lake lowered, thus preventing the Santa Fe Irrigation District and San Dieguito Water District from accessing it.
The city of San Diego declined to comment on the two new legal claims.
In previous statements on Lake Hodges Dam, a city spokesperson said the city is now in the process of looking into a full replacement of Lake Hodges Dam and continues to conduct required maintenance on the current structure.
Reads an August 2023 city statement:
At over 100 years old, Hodges Dam needs to be replaced, and until that time, it is our responsibility to operate it in the safest possible manner for the protection of people downstream and consistent with agreements with the Districts and CWA. The City is currently pursuing design for a new dam, and we will have more details on how Hodges will operate during that construction later."