MAGUIRE PEARCE & STOREY ———— PLLC ———— ATTORNEYS AT LAW Rita P. Maguire Direct Line: 602-277-2197 rmaguire@azlandandwater.com January 11, 2017 VIA ELECTRONIC MAIL Kenneth.Petruzzelli@waterboards.ca.gov Ken Petruzzelli, Attorney III Office of Enforcement State Water Resources Control Board 1001 I Street, P.O. Box 100 Sacramento, CA 95814 Re: Request for 1997 Reports prepared for NWNA by Hydrodynamics Group Dear Ken: This letter is in response to your email to me dated December 30, 2016 requesting a copy of the document titled “1997 Results of Arrowhead Springs FDA Compliance Study” prepared by consultants for Nestlé Waters North America (“NWNA”) with respect to certain spring sources in Strawberry Canyon to which NWNA owns the water rights. By way of background, the 1997 Study and the other materials discussed in this letter were submitted to Christine Hill, District Ranger of the San Bernardino National Forest, on October 28, 2016 as part of the NEPA process that NWNA is undergoing with the renewal of its Special Use Permit #7285 for its pipeline across the San Bernardino National Forest (“SBNF”). For the purposes of this submission to the SWRCB, it is important to note that the 1997 Hydrodynamics materials were among a number of materials referenced in a more recent and comprehensive study of the Arrowhead Springs by Dames & Moore in 1999 (“Dames & Moore Report”). Both studies were commissioned by NWNA to develop the documentation necessary to demonstrate that the Arrowhead Springs were compliant with a recently promulgated Food and Drug Administration (“FDA”) rule concerning spring water bottling and other related activities (the “FDA Rule”). However, the Dames & Moore Report provides the hydrologic analysis upon which Arrowhead Springs is licensed as spring water. As you know, the bottling of spring water 2999 North 44th Street, Suite 650, Phoenix, Arizona 85018 www.azlandandwater.com Phone: (602) 277-2195 Fax: (602) 277-2199 MAGUIRE, PEARCE & STOREY January 11, 2017 Page 2 is regulated by the California Department of Public Health, Food and Drug Branch, which regulates the licensing of spring water operators. The scope of their regulation includes NWNA’s bottling of Arrowhead Brand Mountain Spring Water. The Dames & Moore Report is the final report with respect to NWNA’s compliance with the FDA Rule. It is a more comprehensive report, providing an in-depth evaluation of the spring sources that make-up Arrowhead Springs. Its content supersedes and replaces all prior compliance documents with respect to the FDA Rule (including, without limitation, the Hydrodynamics materials). Accordingly, the Hydrodynamics materials should not be relied upon for an accurate description of the current conditions and infrastructure at Arrowhead Springs. For your convenience, I have individually listed the reports that comprise the Hydrodynamics materials and the Dames and Moore Report, which are attached to this email: 1. The Hydrodynamics Group, 1997. FDA Compliance Report: Arrowhead Springs No.’s 2 and 3, San Bernardino National Forest. 2. The Hydrodynamics Group, 1997. FDA Compliance Report: Arrowhead Spring Complex No. 7, San Bernardino National Forest. 3. The Hydrodynamics Group, 1998. Investigation of the Arrowhead complex 1 & 8 for FDA Compliance. 4. Dames & Moore, 1999. Assessment of History and Nature of Arrowhead Springs. We understand that the SWRCB may be asked by third parties to provide this letter and the accompanying documents to such third parties pursuant to a request under the California Public Records Act (Cal. Gov. Code §§ 6250 et seq.) (“PRA”). Although NWNA is committed to transparency and believes that appropriate information about our general operations should be available to the public, it is NWNA’s position that this letter and accompanying documents are exempt from disclosure under the PRA pursuant to Exemption § 6254(k) (trade secrets) and Exemption § 6254(e) (geophysical data), as well as the federal Defend Trade Secrets Act (18 U.S.C. § 1836). In the event any third party requests the release of this letter and accompanying documents, NWNA requests: (i) that the SWRCB not release the requested information on the basis that they constitute “Exempt Material”; and (ii) that upon the receipt of any such request, the SWRCB immediately provide NWNA with a written copy of such request so the NWNA may take whatever measures it deems necessary in order to prevent the release of the letter and accompanying documents. NWNA expressly reserves all rights to: (A) object to any release of this letter and accompanying documents on the basis of their constituting “Exempt Material”; and/or (B) file an action in its own name and on its own behalf to prevent the release of the requested materials. 2999 North 44th Street, Suite 650, Phoenix, Arizona 85018 www.azlandandwater.com Phone: (602) 277-2195 Fax: (602) 277-2199 MAGUIRE, PEARCE & STOREY January 11, 2017 Page 3 Please do not hesitate to contact me with any questions you may have regarding the contents of this letter or its attachments. Sincerely, Rita P. Maguire, Esq. Maguire, Pearce & Storey PLLC Encl. C: L. Lawrence, NWNA R. Johnson, Esq. 2999 North 44th Street, Suite 650, Phoenix, Arizona 85018 www.azlandandwater.com Phone: (602) 277-2195 Fax: (602) 277-2199