[Water_news] 1. DWR'S CALIFORNIA WATER NEWS - Top Items for 5/23/07

Department of Water Resources

California Water News

A daily compilation for DWR personnel of significant news articles and comment

 

May 23, 2007

 

1.  Top Item -

 

 

Calexico files new canal lawsuit

Imperial Valley Press – 5/22/07

Darren Simon, Staff Writer

 

CALEXICO — This city filed a new legal challenge to the building of a cement-lined All-American Canal, with officials stating the city’s environmental rights have not been properly addressed.

But for some Calexico City Council members there was confusion Tuesday as to the city’s role in the latest litigation.

Councilman John Renison said he thought the city’s involvement in the litigation would be secondary to other parties, who since 2005 have challenged the AAC project.

“My understanding was that the city was lending its name only and we were not to be a party,” Renison said, adding: “I felt our involvement was minimal.”

Councilwoman Carmen Durazo shared Renison’s sentiment, stating she would have to speak to the city’s attorney to clarify the action the city has taken.

 

Actually, the city is the only litigant in a filing Monday with the 9th U.S. Circuit Court of Appeals.

In the filing, the city asks the federal appeals court to re-hear the AAC litigation it dismissed weeks ago.

The city stated in a press release Tuesday it has filed the action on the grounds the court never addressed the environmental and economic impacts a lined AAC would have on the city.

Renison said the city filed for the re-hearing at the request of a Mexican civic organization that since 2005 has filed legal challenges against the AAC project.

The organization, Consejo Desarollo Economico De Mexicali, challenged the AAC project, stating it would have a dire effect on the Mexican economy.

The AAC cement lining project, which is expected to move forward in June, is meant to stop the seepage of some 67,000 acre-feet of water annually that leaks into Mexico through the earthen AAC.

CDEM has claimed Mexicali has a historical right to that water and claimed the loss of that water would harm the environment on both sides of the border.

When the original lawsuit challenging the AAC was filed in 2005 the city of Calexico joined CDEM and two California environmental groups as co-litigants against the project.

After numerous hearings over two years, the case was dismissed by the federal appellate court weeks ago.

That action came after Congress approved legislation this year that called for the AAC project to move forward without delay.

Renison said when CDEM approached the city again about lending its name to a new legal challenge, he supported it both to protect the city’s environmental rights and in the spirit of international cooperation.

But, he said, he supports the lining project as the water seeping into Mexico, he said, is U.S. water.

Despite Renison’s comments he did not realize the city was taking a leading role in the new litigation, Calexico City Attorney Jennifer Lyon said that is exactly what the City Council decided to do in closed session during its last meeting.

By a 4-0 action, with City Councilman David Ouzan absent, the council chose to go forward with the request for a re-hearing, she said.

Lyon added the city chose to hire a Washington, D.C., firm, Mayer, Brown, Rowe & Maw, to represent Calexico, but, she said, the costs will be covered by CDEM.

The city will not pay the legal fees, she said.

In the city’s press release Tuesday, the only one quoted is former City Council member Alex Perrone.

“The 9th Circuit has deprived our citizens of a fair hearing as if we are not the same as other Americans who can go to court to protect themselves against polluting and dangerous projects,” he said.

Renison said he was unaware a press release was being sent out Tuesday, and he said the council did not approve the release.

“I’m concerned there wasn’t a city official quoted,” Renison said.#

http://www.ivpressonline.com/articles/2007/05/23/news/news03.txt