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Friday’s top of the scroll: Judge invalidates QSA

Posted by: Maven on December 11, 2009 at 8:03 am

salton sea by dlworking2From the Silicon Valley Mercury News:

“SAN DIEGO—A California judge on Thursday tentatively invalidated a landmark pact to curtail the state’s overuse of water and allow other Western states to claim their fair share. The 2003 agreement ended of years of bickering over how to divide the Colorado River between California and six western states: Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming.

More than 30 million acre-feet of water—enough to cover the state of Pennsylvania a foot deep—would move from farms to cities in Southern California over the 75-year life of the deal.

Superior Court Judge Roland Candee ruled in Sacramento that the state improperly agreed to pick up much of the cost of saving the shrinking Salton Sea in the southeastern California desert. Restoring the state’s largest lake was a crucial piece of the agreement.

The state put no limit on costs, “even if they ultimately amounted to millions or billions of dollars,” violating a constitutional limit on assuming debts, Candee wrote. … “

Read more from the Silicon Valley Mercury News by clicking here.

The court also decided other issues, reports the Imperial Valley Press:

” … The tentative ruling stated that there was no illegal conflict of interest between the IID and its outside counsel, David Osias, consultant, Rodney Smith or former chief counsel John Carter.

It maintained that the IID did not overstep authority or violate trust obligations.

The tentative ruling also stated that the IID was not obligated to allocate conserved water to landowners as part of the QSA.

IID General Counsel Jeffrey Garber said it was a mixed result.

“The court upheld IID’s right to do the transfer,” he said.

County Counsel Michael Rood said the county seeks to uphold public health through its legal action.

“The county hopes and expects the decision would lead to a future in which the county has a place at the table with federal and state governments and water districts to ensure that any water transfer from this Valley protects public health and provides the county with the resources needed to ensure that outcome,” Rood said. … “

Read more from the Imperial Valley Press by clicking here. Background information on the QSA by clicking here.

Photo of the Salton Sea by flickr photographer slworking2 (Creative Commons).

December 11, 2009 · Filed Under Imperial Valley, Salton Sea

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