Water
Suit Can Go Forward
By Audrey Cooper
Record Staff Writer
Published Friday, September 3, 2004
Two San Joaquin County water agencies can move forward with their
$500 million lawsuit against a federal agency blamed for promising
water supplies that were never delivered, a federal judge ruled
Thursday.
Court of Federal Claims Judge Christine Odell Cook Miller denied
a request by government attorneys to throw out the lawsuit filed
earlier this year by the Stockton East Water District and Central
San Joaquin Water Conservation District.
Local water officials said Miller berated government attorneys
for trying to delay the trial, which will focus on whether the water
agencies have suffered a financial loss for water they were promised
but never received.
Miller also said she hoped a trial would be put on an expedited
schedule, local officials said. The trial could happen early next
year and may be held in California, said Jeanne Zolezzi, an attorney
for the water agencies.
“We’re just thrilled. We thought we would have to jump
through a few more of these hoops before we got a trial. Now it
looks like the judge wants this to move along,” Zolezzi said.
A spokesman for the U.S. Bureau of Reclamation, the agency that
doles out water supplies from New Melones Lake, declined to comment
on the importance of Thursday’s decision. But spokesman Jeff
McCracken noted that “the judge obviously wants to hear the
case.”
The water agencies’ lawsuit claims the Bureau of Reclamation’s
failure to deliver the much- needed water amounts to an unconstitutional
“taking” of the water district’s property—that
is, the promised water.
The two districts made a deal with the Bureau of Reclamation in
1983 for about 155,000 acre-feet of water a year, or enough to meet
the annual needs of about 775,000 people. That water was supposed
to flow from New Melones Lake, but the water districts in some years
never received a drop. The water that was never delivered over the
past decade is also worth hundreds of millions of dollars, according
to the water districts’ lawsuit.
As part of the contract for the water deliveries, the federal government
also required the agencies to build the $65 million Goodwin Tunnel,
which carries water from New Melones and the Stanislaus River to
eastern San Joaquin County.
Thursday’s hearing was the first on the lawsuit.
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