Utility Forgets It’s Mitigation Obligations

In the 1960’s, the East Bay Municipal Utility District, the provider of our water, and sewers for some districts, built the Woods Reservoir near where I live. Humorously, the acronym for our water company is EB MUD.

The Woods Reservoir included a half basketball court as mitigation – to contribute to neighborhood recreation in balance of the detriment to the neighborhood of a 3 Million Gallon steel-sided, wood-roofed reservoir sited on our otherwise residential neighborhood.

Over the years, EBMUD forgot its mitigation obligation and built its own infrastructure into the basketball court space. Finally, they sent a rather nasty sounding memo to the property owners in the neighborhood demanding that we remove the basketball stand that we illegally left on their property, or they would eject it on to our street (which is private property, not city-maintained). And stating that their reservoir was a “secure facility” and that we may not be there to play basketball.

A neighbor dug up to mitigation documents which will now be presented to the water district.

If you live near any sort of mitigation, it’s important to save documents and make sure they are transmitted to new homeowners when properties are sold.