DIXON, CA (MPG) - Water issues here continue to rise as the city joins a lawsuit against the State of California over Chromium 6 levels.

At a special meeting on July 25, Dixon City Councilmembers were briefed by deputy city attorney Nubia Goldstein on the joint litigation efforts with the California Association of Mutual Water Companies (CalMutuals) to sue the state.

Councilmember Kevin Johnson initiated the fight that now starts while the city continues to consider a water rate increase.

In 2024, the California State Water Resources Control Board (Water Board) adopted a proposed regulation to establish a maximum contaminant level (MCL) of 10 for hexavalent Chromium 6. A similar maximum contaminant level for Chromium was introduced in 2014 and overturned in 2017.

The water board held public comment in 2023 when the City of Dixon submitted written comments twice, saying the city was against the unfunded mandate for making the level 10.

However, those comments were not considered, according to Dixon officials, which led to the lawsuit.

The proposed law is pending review with the Office of Administrative Law, with an October effective date, according to Goldstein.

The pros of the lawsuit outweigh the cons right off the top, according to Dixon officials.

Although there is a $25,000 fee to join the suit, if not challenged, the mandate could cost the City of Dixon more than $2 million annually to monitor and maintain to meet maximum contaminant levels.

That does not include the estimated more than $7,000 needed to create a compliance and operation plan and the up-front investment needed for well-head treatment.

Why the $25,000 fee to join the litigation?

According to Goldstein, lawsuit participation is based on tiers, the size of a city's water system and a community's ability to absorb the cost of maintenance.

"Based on Dixon and Dixon's capacity size, it's about $25,000 to participate in the lawsuit," Goldstein said, adding that Dixon will be a claimant/petitioner in the legal documents.

Mayor Steve Bird called the mandate level 10 "ridiculous."

"It's out of the question," Bird said. "The expense and burden of this unfunded liability put on small cities are absolutely unreasonable and unacceptable."

While he is "frugal" about many items that come before the council, Bird said, "this item here would give us some leverage and a voice with others to fight and stop this."

Councilmember Don Hendershot agreed.

"I don't believe the state has done the due diligence, nor do I truly believe that they have done a complete investigation of resources," Hendershot said.

Calling the maximum contaminant level 10 mandate "an astonishing overreach by the state," Councilmember Johnson said he has had conversations with Community Water Systems Alliance representatives who also protest the proposed law.

"They definitely would like us to be involved," Johnson said.

Johnson sighted the dawn of creation to prove his point about water here. 

"Since Adam and Eve, we have been drinking the water here in Dixon with no medical report," Johnson said.

The bottom line is that it's all about responsibility, according to Johnson, who said the council has a "responsibility to our water ratepayers and not to sit back.”

Johnson approved the $25,000 to join the suit, adding that there might be some additional costs if the city partners with the Community Water Systems Alliance.

"I want our public to know I am serious about it," Johnson said.