Devil's Slide Tunnel Project Opening Could Be Delayed, Official Says

According to a high-ranking North Coast County Water District official, the opening of the Caltrans under San Pedro Mountain could be delayed due to litigation.

The tunnels, one northbound and one southbound, would bypass the section of Highway 1 that runs along Devil’s Slide and are scheduled to open to traffic in early 2012. Because of a complaint filed by the Montara Water and Sanitary District (MWSD) with the Superior Court of California, San Mateo County, however, they may open at a later date, the official said. 

MWSD is suing the North Coast County Water District (NCCWD), which provides water to Pacifica and neighboring cities, and the San Mateo County Local Agency Formation Commission (LAFCO) over LAFCO's approval of NCCWD's request to extend its water service area to cover the southern portion of the Caltran's project, which includes part of the tunnels and an operations and maintenance facility.

Water is necessary in the tunnels and associated facilities for emergency purposes, such as fire suppression. 

MWSD is asking the court for a writ of mandated nullifying the extension of NCCWD's jurisdiction and to mandate that NCCWD's jurisdiction not extend within the boundaries of its own jurisdiction. 

According to MWSD, which provides water service to Montara and other unincorporated areas of San Mateo County between Pacifica and Half Moon Bay, the southern portion of the Caltrans project lies within its jurisdiction. It had filed an objection with LAFCO to NCCWD's request in 2010, but claims it was not heard before the request was granted.

MWSD does not currently provide water service to that land but has a monetary interest in servicing the southern portion of the tunnels and associated facilities.

The lawsuit is ongoing. MWSD's complaint was filed on January 14 of this year and the latest court action was on April 13, when NCCWD asked for an extension of the window in which to respond to the complaint.

The official, who asked not to be identified because the issue has not yet been discussed outside of closed sessions of the NCCWD's board, could not say for how long opening the tunnels would potentially be delayed. 

According to Catrans's website for the project, the section of Highway 1 along Devil's Slide to be bypassed by the tunnels "has a long history of closure due to rockslides and land slippage. One of the longest road closures happened in 1995. It lasted 158 days, and cost almost $3 million to repair."

Each tunnel will be 30-feet wide and 4,200-feet long. Highway 1 will be realigned at the southern end to provide safe transition into and out of the tunnel. The operations and maintenance facility will be approximately one-quarter of a mile south of the tunnels.

According to the NCCWD official, the issue should be discussed publicly during either the next board meeting on June 15 or the meeting following that, one month later.