Poseidon says it and the water authority have accounted for that eventuality in the water purchase agreement. The developer will upgrade the existing seawater intake and assume responsibility for dredging the lagoon. The authority's financial obligation is capped at $20 million for capital costs and $2.5 million for operating costs in 2010 dollars.

Even so, the state is weighing an amendment to its Water Pollution Control Act that would relate specifically to desal plants. The state's water control board says it will rely on recommendations of experts that have been studying the environmental effects of desalination to develop more compatible plant designs. Claims Geever, "In those expert-panel reports and recommendations, if you look at what they are recommending and what Poseidon is planning, they're not consistent."

The Carlsbad plant construction, which began in December, is now about 9% complete, with nearly all early demolition and site remediation work finished, says Tony Joyce, Kiewit-Shea project manager. The joint venture also is building a 10-mile, 54-in.-dia conveyance pipeline to connect to the existing aqueduct pipeline system.

Workers now are installing supporting infrastructure and rows of pretreatment cells and, using mostly open trenches, pipeline portions.

Other desal projects are in the works. Poseidon is obtaining permits for a 50-mgd plant in Huntington Beach, Calif., and the water authority is considering building a 50 mgd facility with the potential to be expanded to 150 mgd at the Camp Pendleton Marine Corps base, says Yamada. The agency now is evaluating costs and feasibility.

Carlsbad participants and desalination advocates see the project as a workable solution. "We see our biggest potential in the next few years in China, India, Australia and Chile," says Felber, "The global financial crisis has led to a decline in projects in recent years, but this is starting to change."

Felber says the U.S. market has huge potential, including Texas and even Florida, but growth is likely to be modest, at least until Carlsbad is operating.

The global desalination association's Truby agrees, saying, "Poseidon has assembled a very good, experienced team that has a track record, and that's going to be a very big factor in making this plant a success."

This article was modified on Oct. 18 to clarify that the water authority can purchase the plant for $1 after 30 years, and that the the water authority is considering building a 50 mgd facility, with the potential to be expanded to 150 mgd, at the Camp Pendleton Marine Corps base.