GRASS VALLEY, Calif. Nov. 19, 2009 - According to documents filed on November 5 with the Superior Court of Nevada County, Nevada Irrigation District and its board of directors are being sued for violations of the California Environmental Quality Act (CEQA). Trevor and Sue Robbins, property owners along the district's DS Canal, are the petitioners/plaintiffs in the case.
During Wednesday's NID board meeting, district counsel Jeff Meith confirmed the existence of the lawsuit. "There has been a lawsuit filed by the Robbins' against NID challenging the EIR certification on the DS Canal project," Meith addressed the board. "It also challenges water rights to transmit quantities of water down the canal," he added.
Meith indicated the district will be scheduling a closed session during a future board meeting to discuss the issue. He also referenced a schedule order issued by the Nevada County Superior Court. According to the "Notice of Hearing and Briefing Schedule" filed on November 10, the last day to file the administrative record is January 15, 2010. The hearing date is set for June 15, 2010.
Documents filed allege that the EIR ignores or understates the impacts of dewatering to downslope riparian vegetation, wildlife habitat, streams, and groundwater -- and fails to mitigate these impacts. The lawsuit also alleges that NID's approval of the project violates CEQA by failing to address growth-inducing impacts of increasing the DS capacity. It also states that "NID has failed to secure appropriative water rights sufficient to provide the additional water that the Project will withdraw from the Deer Creek and Yuba watersheds and deliver to urban and other uses throughout NID's service area."
NID's DS Canal Flume Replacement Project consists of replacing eight open flumes with enclosed steel pipe. The existing wooden structures would be replaced with steel supports. Portions of the canal would be relocated and short stretches lined. The project would also increase the capacity of the flumes from 72 cubic feet per second to 105 cubic feet per second. According to NID, this would allow the district to lift a temporary service freeze currently in place. The EIR states it has approximately 250 customers interested in receiving raw water from the DS Canal.
Under advice of their attorney, Trevor and Sue Robbins indicated they could not issue a statement at this time.
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