[Water_news] 5. DWR'S CALIFORNIA WATER NEWS: AGENCIES, PROGRAMS, PEOPLE - 10/31/08

Department of Water Resources

California Water News

A daily compilation of significant news articles and comment

 

October 31, 2008

 

5. Agencies, Programs, People –

 

 

Imperial Group thwarted by ruling

Imperial Valley Press – 10/30/08

By Megan Bakker

A judge struck down the Imperial Group’s latest move in its lawsuit against the Imperial Irrigation District because it violated court procedure, IID attorney Jeff Garber said.

“It was inconsistent with (the judge’s) orders,” Garber said of the group’s complaint.

A formal order will be released in about a week with the judge’s decision, but Garber said he made his intentions clear in a hearing Thursday.

In early October, the Imperial Group filed a new motion that personally sued past and present members of the IID board, including one who is deceased, claiming they took part in shielding an IID attorney working on the case from conflict of interest laws.

The judge presiding over the case has already ruled the attorney, David Osias, does not have a conflict of interest.

The judge also has already barred any new motions from being filed, and the Imperial Group violated that order by filing its complaint, Garber said.

The Imperial Group initially sued the IID in 2004 over water rights. The Imperial Group claims the IID mismanaged the 2003 Quantification Settlement Agreement with other Southern California water districts. The IID has said the QSA, a water transfer agreement, was necessary to protect the Valley’s future water supply.

Thursday’s hearing also held another setback for the years-old case, as the judge said several statements did not fit the requirements he had set.

Due to the numerous parties and issues in the lawsuit, the judge asked that all parties create a “statement of issues” that outlines what their complaints are. Since several parties have re-raised issues that the judge has already issued orders on, he also asked that all parties cite whether or not one of the judge’s 90 orders apply to an issue.

Garber said several parties had not done this, and so the judge was planning to require everyone to re-file their statements.

“We’re moving along at a snail’s pace,” Garber said.

Meanwhile, as the court case inches along, the Imperial Group has sent a letter to Garber requesting IID recognize “common ground” it shares with the Imperial Group.

The letter states IID has made public statements indicating it supports state funding for Salton Sea restoration and straight-line allocation for water rationing, two positions the letter says the Imperial Group agrees with.

The letter then asks IID to partner with the Imperial Group to seize state funding for the Salton Sea restoration. For the water allocation, the letter asks IID “authorize the technical people on all sides to a free exchange of information so that real-world solutions can be found.” It goes on to state the Imperial Group is not interested in an agreement that provides litigation relief, only one that resolves “real-world issues.”

Garber said the letter serves no legal purpose, and further, he does not see the point in IID partnering with a group that is suing it.

“It is impossible to comprehend the meaning of all of (Imperial Group attorney) Mr. (Patrick) Maloney’s comments in this letter,” Garber said.

“Of course, IID strongly desires that the state fulfill its obligation to restore the Salton Sea. However, Mr. Maloney’s suggestion that IID partner with his clients, who are now suing IID, to seize state assets is pretty bizarre.”#

http://www.ivpressonline.com/articles/2008/10/31/local_news/news05.txt

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