Department of Water Resources
A daily compilation of significant news articles and comment
August 20, 2007
4. Water Quality
New River advocates consider legal action - Imperial Valley Press
WATER RECYCLING:
Latest idea for Lodi Lake land: plant for treating drinking water - Stockton Record
By Victor Morales, staff writer
CALEXICO — Advocates for cleaning up the New River are consulting with a prestigious law firm to consider suing
The Calexico New River Committee, a private non-profit organization, has been consulting with Shute, Mihaly & Weinberger based in
The law firm specializes in environmental issues and has successfully represented groups such as the Sierra Club and Desert Citizens Against Pollution. The firm is staffed with veteran attorneys educated at top-tier universities.
POTENTIAL LAWSUIT
Figueroa said the river advocates may have a “viable legal claim” that the U.S. Environmental Protection Agency and the International Boundary and Water Commission may be violating the California Water Quality Act and Federal Clean Water Act.
Figueroa said precedent legal cases have ruled the agencies have set timelines for themselves in compliance with the law but have fallen short on completing projects.
River advocates want to know if those cases can be used as the basis to file a suit, Figueroa said.
“They go ahead and issue out statements that will meet deadlines, but don’t carry out those plans,” Figueroa said.
The
It originates in
The river snakes its way up the western portion of
Funding for the legal costs remains a question, however.
New River Chairman Rodolfo Maldonado told Rep. Bob Filner, D-Chula Vista, on Friday, during a meeting on border issues, that congressional support would be helpful.
“We want to make sure we have your support, (U.S. Sen. Dianne) Feinstein’s and (U.S. Sen. Barbara) Boxer’s support to some extent to pursue this because it is an option and they have been breaking the laws for at least half a century,” Maldonado said.
The nature of support that Maldonado requested was unclear. But Filner implied financial support was limited.
“That’s an expenditure that will have to be figured out,” Filner said. “I don’t know if the city or county will support that.”
OTHER LEGAL OPTIONS
The law firm is also researching options on how the New River Committee can obtain financial assistance in cleaning up the river.
Figueroa said one of the options includes filing a claim to the Commission on Environmental Cooperation, a trilateral international agency that handles environmental disputes arising from the North American Free Trade Agreement.
“There are many bullet points inside the agreement that we potentially can benefit from but have not explored,” Figueroa said.
Another option being researched by the law firm includes filing a petition with the EPA for an assessment of the river’s eligibility as a Superfund site, which could lead the EPA to force the involved parties in polluting the river to pay for clean up costs.
Figueroa stressed the legal discussions were “exploratory” and may not necessarily lead to action.
Figueroa also said efforts to clean the river would not only benefit Calexico.
“The CNRC raises the red flag that this is not a Calexico issue; it’s a county issue that goes all the way to the Salton Sea,” he said. #
http://www.ivpressonline.com/articles/2007/08/20/news/news02.txt
WATER RECYCLING:
Latest idea for
By Daniel Thigpen, staff writer
Maybe a sports complex. Or a nature center. Or just a place to park your motor home and have a picnic.
Of course, the city has never had the money to do any of that.
Now, the latest proposal for a chunk of that land includes something that, on the surface, does not sound quite as entertaining:
A city plant for treating drinking water.
As dull as it sounds, even some park supporters surprisingly are lining up behind the proposal. That's because they say it may be the catalyst for gaining the amenities they have wanted all along.
"It's not parkland now. It's wasteland," said Kathy Grant, a longtime docent at
City leaders are considering sites on which to build a 5-acre plant that will treat
City planners considered four other sites for the plant but put the
But the option does not sit well with some city leaders.
At a recent City Council meeting, Councilwoman Susan Hitchcock said she feared losing prime park space at a time when such land is in short supply.
"It just seems to me we have such a jewel there," she said. "We'll never be able to buy a piece of property like that again."
Mayor Bob Johnson expressed similar reservations and said he was skeptical any remaining portions of the parcel would ever be used for recreation. "I'm afraid, once we start down that path, we've potentially lost all 13 acres."
But
Even the
Before they make a decision, City Council members asked planners to further investigate another site on the list: a nearby, 9-acre parcel owned by General Mills.
The city estimates it could cost at least $1 million to buy that land, but officials still must find out whether the company is even interested in selling.
The City Council likely will pick a site early next month.
If city leaders choose the area west of
Grant said she hopes city leaders will see the opportunities the
"There's a huge win for the town, for the schools, for the children, for education," she said. #
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20070819/A_NEWS/708190318/-1/A_NEWS
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