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Los Angeles Department of Water and Power Box 30808 Los Angeles, CA 90030-0808 July 22, 2009 Dear Sir, The enclosed bill is here-by officially under dispute and will not be paid until the matter is resolved. Let me be clear. I am not against water conservation. I am not refusing to conserve water. I am conserving water. I am following your rules and guidelines. The issue here is that beginning June 1, 2009, I began to reduce water use as required and within your guidelines. I was however still charge the tier 2 penalty for water used in May. This is not acceptable. The United States Constitution says that you can not punish me for an act that was legal when I committed the act. Therefore, the water I used in May was legal to use and can not be punished. Further, the United States Constitution says that I am innocent until proven guilty, yet you have assumed that I used the same amount of water on May 31 as on June 1. This is an assumption of guilt and not at all correct. You assumed I didn't reduce water on June 1 and am punishing me based on this incorrect assumption. Fully 1/3 of my billing cycle was in May when I was allowed to use the water. Since I did reduce my water consumption to less than 2/3 of my allowed amount for the remaining 2/3 of the billing cycle, I am only being fined at your convenience since you chose not to read my meter on June 1, 2009. I shall not be punished for your convenience. On June 9, 2009, in one of three phone calls to your office, I did request that you read my meter at that time. At that time I stated that I was already above my allotment on June 1 and therefor had no chance of reducing water levels to a negative. Even one drop of water used after June 1 would still be over my allotment since I was over when the restrictions began. I did use a lot of water in May in final efforts to established DWP recommended drought tolerant new plantings on my hill which needs something growing to prevent erosion. Establishing even a drought tolerant plant takes a little extra water - but this water was used in May! I was also trying to grow a vegetable garden since I'm not working and we need food. This took a little water too. 75% of my landscape is not watered at all. Most of my yard is not watered. The small amount of grass is yellow and brown and dead. I am not wasting water. I've done all the things you tell us to do. I was just establishing a drought tolerant landscape on my hill which will use less water next year. I have records of my water use. I used on a daily average 2/3 of my permitted starting June 1. I should not be punished for water used when it was allowed, just because you didn't want to read my meter on June 1. Anyone else using the same amount of water on the same days, but with a meter reading on June 1 would not be punished as I am for the same legal act. Question. In September, when I am ready to seed my drought tolerant ground cover on the back hill to prevent erosion, you will slash my allotment again. If I used no water on anything else, there won't be enough water to establish the drought tolerant plants you are advising us to plant. How can I do what you recommend for us to do if we aren't allowed enough water to establish the drought tolerant seeds? Your policy is designed to keep an existing lawn green, but you tell us to replace lawns with drought tolerant plants and don't give us water to get it started. The whole policy is full of contradictions. The City of Los Angeles has been unjustly punishing me when I didn't do wrong since I was in a LAUSD elementary school and was punished for having learning problems and continuing to a parking ticket next to a sign with the wrong times posted, to which the City admitted its error, corrected the sign, and said the citation still stood. I've had enough of this unlawful abuse from the City. It ends here. I am willing to follow your guidelines and keep my water use below that allowed, but I will not pay a fine for not doing so. Send out someone with authority to verify what I am saying, but I will not pay the bill until it is corrected. This is your error, not mine. Sincerely, Kenneth Larson |
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