Background
Ms. Wendy Wood and Mr. Robert F. Spohr (Wood & Spohr or Complainants) are husband and wife and customers of record for the water service at 3015 West Lake Boulevard, Homewood, California.
Tahoe Park Water Company (Tahoe Park or Defendant) (U96W) is a Class C water utility (over 500 but less than 2,000 connections). Its 2009 annual report shows 519 connections. Tahoe Park's address is listed as 5000 Windplay Drive, Suite #4, El Dorado Hills, California 95762. The president of Tahoe Park is Richard Dewante.
On March 30, 2011, Wood and Spohr filed the above-captioned complaint against Tahoe Park. In 2005 the Complainants purchased a parcel on Westlake Boulevard in Homewood, California. The parcel was divided in two and a luxury home was built on each parcel. One of the parcels has been sold. The other parcel is still owned by the Complainants. This parcel has a well on it operated by the Defendant. The well serves over 100 customers. Wood and Spohr claim that they had no knowledge of the well when they purchased the property.1 Their complaint alleges that Tahoe Park distributes "corrosive water" that is contaminated with lead.2 The complaint asserts that Tahoe Park's well is located on the Complainant's property without legal authorization. Complainants demand that Tahoe Park purchase the land on which the well is located and reimburse their legal fees. The Complainants have sued Tahoe Park in Placer County Superior Court for trespass. In their brief, filed November 4, 2011, the Complainants request that their claim for compensation for their property be "struck"3 and that the Defendant be required to abandon its "trespassing, corrosive well."4
Tahoe Park asserts that the Complainants gave it an easement for the well on the Complainants' property and referred to the well in public documents.5 The Defendant denies the Complainants' allegations concerning the quality of the water it distributes to customers. It asserts that the California Department of Public Health (DPH) has tested the water and determined that it is within acceptable guidelines for consumption.6 Finally, the Defendant asserts that the Commission is not the proper forum and has no jurisdiction over the issues raised by the Complainants7 and has requested that the complaint be dismissed.8 Tahoe Park has filed a counter-suit against Complainants in Placer County Superior Court for breach of contract and failure to convey an easement.9
1 PHC T 11:16-23, 12:1-9.
2 Id. 14:7-19.
3 Complainants' Opening Brief at 7.
4 Id.
5 PHC T 20:9-13.
6 PHC T 20:17-28.
7 Id. 22:23-28, 23:1-22.
8 Defendant's Brief at 8.
9 In addition to the litigation between the parties, the Complainants are engaged in litigation with the Skyland Homeowner's Association (SKA), which receives water produced from the well on Complainants' property. It is alleged that the Complainants, in letters to SKA, threatened to shut off the water supply from the Tahoe Park well. SKA went to court in order to prevent any disruption in water supply to SKA and has been granted a Temporary Restraining Order, Preliminary and Permanent Injunction preventing Complainants from shutting off the water. This proceeding has been consolidated with the other proceedings between the Complainants and Defendant in Placer County Superior Court.
