Department of Water Resources
A daily compilation for DWR personnel of significant news articles and comment
February 15, 2008
1. Top Item
Judge dismisses QSA-IID lawsuit
By Brianna Lusk, staff writer
A lawsuit seeking $25 billion in damages from the Imperial Irrigation District and other water entities involved in the Quantification Settlement Agreement was dismissed last week.
IID officials called the dismissal a “significant event” that removes all damage claims against the district that are tied to the QSA.
If the lawsuits filed by a group of local farmers and landowners described as the Morgan and Holtz parties in court documents were successful, the billions in damages would have been paid for by the ratepayers.
The controversial water pact that was signed in 2003 has led to a litany of lawsuits from local and coastal organizations when the district requested it be validated by the state.
Once it becomes validated, it can no longer be challenged, IID General Counsel Jeff Garber said.
The lawsuits have become what are known as the QSA coordinated cases and are overseen by Judge Roland Candee in
“The only claims remaining are claims that validation (of the QSA) is not appropriate and that there are environmental law violations,” Garber said.
In his ruling, Candee said the suing parties did not provide enough evidence to show property interests strong enough to support a lawsuit for the amount of damages.
The Holtz and Morgan parties were suing the IID along with the San Diego County Water Authority, Coachella Valley Water District and the Metropolitan Water District of Southern California.
The suit asked for damages related to the alleged taking of water rights and injury to land allegedly caused by the water transfers IID makes as part of the QSA.
According to the QSA, the district holds the water rights and the apportionment of the
The court has also dismissed a complaint filed by the Imperial County Air Pollution Control District and the South Coast Air Quality Management District that alleged environmental laws were not followed in the QSA.
A similar suit brought forward by
Mike Morgan, one of the landowners and farmers suing the district, would not comment on the court’s latest ruling.
The recent string of dismissals has left the lawsuits pertaining to environmental laws still pending.
A scheduling conference for the remaining suits is set for later this month.
If the tide continues to favor the district, Garber said, the lawsuits could see an end by the end of this year.
“It seems likely that the hearings could be completed in the next six to eight months,” Garber said.
But the cost of litigation has already spun into the tens of millions over the past several years.
District officials did not provide an exact number on how much the lawsuits have cost ratepayers. #
http://www.ivpressonline.com/articles/2008/02/15/local_news/news04.txt
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