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water for the Gate King site at the retail level, and that NCWD obtained its water from

local groundwater wells and the CLWA. The City’s draft EIR also explained that CLWA

obtained water from the SWP, and that CLWA’s current total water entitlement from the

SWP included 41,000 AFY of SWP water which CLWA had purchased from the KCWD.
The draft EIR’s discussion of water supplies included this broad proviso: “It should be

noted . . . that CLWA’s . . . entitlement [to SWP water] can fluctuate from year to year

based on a number of factors, including hydrologic conditions, the status of [SWP]

facilities, construction, environmental requirements, and evolving policies for the Bay-

Delta.”
During the comment period on the City’s draft EIR, the Santa Clarita Organization

for Planning the Environment (SCOPE) objected that the discussion of water supplies in

the draft EIR for Gate King’s proposed project was inadequate because it did not disclose

that there was ongoing litigation which might affect the availability of the 41,000 AFY of

SWP water transferred from KCWA to CLWA. The City, in turn, prepared a response to
SCOPE’s comments in which the City explained that the Newhall County Water District

(NCWD) had completed a water supply assessment (WSA) for Gate King’s proposed

project, and that NCWD had concluded that it would have sufficient water to supply the

needs of the project.

In October 2002, the City circulated a final EIR for Gate King’s proposed project.
In June 2003, the City passed a resolution adopting the findings set forth in the EIR, and

certifying the EIR as final. The City’s final EIR did not make any material alterations in

the discussion of water supplies set forth in the draft EIR. SCOPE’s comments regarding

ongoing litigation involving the transfer of the 41,000 AFY of SWP water from KCWD

to CLWA, along with the City’s response, were included –– along with other comments
and responses –– in the final EIR as “Appendix H.” The final EIR also included a

document prepared by NCWD entitled “Additional Water Supply Information” as

“Appendix K.”

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