Dam lawsuit topic of discussion

Corning's city council and those in attendance got an earful on Tuesday during the city council meeting concerning the removal of the Red Bluff Diversion Dam and the economic impacts resulting from that action, from Red Bluff's City Manager Martin Nichols, and Jeffrey P. Sutton, general manager of the Tehama Colusa Canal Authority.

During the presentation Nichols explained the City of Red Bluff's federal lawsuits filed on Aug. 14, challenging a fish passage project that would effectively replace the Red Bluff Diversion Dam.

The Fish Passage Improvement Project at the Red Bluff Diversion Dam was created by the Tehama-Colusa Canal Authority in an effort to find a long-term solution to the conflict between fish passage and irrigation water diversion at the dam, according to the canal authority.

Nichols said the real environmental impacts the project would have on the city's recreation industry are not adequately addressed in reports prepared by both the Tehama-Colusa Canal Authority and the state Bureau of Reclamation.

"Essentially, our goal is to get a judge to get them to re-do (both impact environmental documents) and get it right this time," Nichols explained. "This is not a lawsuit to stop any changes or developments to the dam, it is a lawsuit to protect the City of Red Bluff and to make sure things are done right."

Nichols said closing the dam could cost the city about $4 million a year in tourism and recreation as it would eliminate Lake Red Bluff, which is used for the annual boat races, as well as other recreational purposes.

"We realize the lake's days are numbered, we aren't fighting that fact, what we are requesting is an economic benefit project for financial compensation be identified and created," Nichols said.

In July Dan Irving, Red Bluff city councilman, said officials were floating several ideas, including the possible construction of "some kind of a water park" that would replace the lake.

Corning Councilman Ross Turner asked Nichols if the City of Red Bluff was at all worried about the impact to agriculture in the area or more worried about revenue loss to Red Bluff.

"Both," said Nichols.

In response to Nichols comments, Sutton told the council the City of Red Bluff's decision to sue the canal authority is reckless and irresponsible.

"The Canal Authority negotiated in good faith with the city for months about mitigation for Lake Red Bluff, resulting in a formal agreement for the Council's consideration, which was discarded in favor of legal action," said Sutton.

Nichols admitted the suit complicates the lives of area farmers, but said the blame rests with the Canal Authority and the Bureau of Reclamation. "We feel this represents a failure on their part to get (the impact reports) right six years ago," Nichols said.

However, Nichols also acknowledged the fact that city officials have never publicly requested any specific mitigation. "Several things have been discussed, but nothing was decided," he said.

He said the city does not pay for any of the costs associated with the dam operations and never has.

Sutton told the city council area farmers bare the $300,000 operational costs, including the formation of the city's lake, but the National Marine Fisheries Service controls gate operations.

"Red Bluff's lawsuit could have an enormous impact on the City of Corning as it threatens the olive industry and all agriculture in the county," Sutton said.

He claims the suit seriously jeopardizes not only local agriculture, but the entire region's economic viability by placing at-risk 17 water districts in four counties.

"We've had numerous meetings and public comment opportunities for more than 10 years," Sutton said. "More than $1 million was spent analyzing every aspect of the project including the recreation impact for Red Bluff."

The $160 million Fish Passage Improvement Project was proposed by the Tehama-Colusa Canal Authority nearly a decade ago to address ongoing concerns about declining fish populations and the need for reliable irrigation supplies for west-side farmers.

The Canal Authority manages irrigation of 150,000 acres of land with a direct annual economic benefit of $250 million and an overall regional economic benefit of $1 billion, Sutton said.

"However, while this development is very disappointing and surprising, " Sutton told the city council. "We will continue with our project plans to protect the farmers in our service area."

The project received final construction approvals from the Bureau of Reclamation in July and could be online for the 2012 irrigation season.

"Ultimately, this suit could cost us time we don't have and if it delays the project in any way, it serves only to further jeopardize our economy and their tourist industry," Sutton said.

He told the city council Corning itself should be very frustrated with the lawsuit. "It is an injunction to stop the canal authority's project, not just about mitigation."

In the middle of Sutton's comments, Corning's new city planner, John Stouffer questioned Sutton on why the canal authority isn't pursuing a natural bypass around the dam.

Sutton responded by saying the idea is not feasible and that fishery agencies would not accept such a project.

Said Stouffer, "I'm tired of outsiders coming in and telling us what will and won't work. I think a bypass would work."

In late August the Tehama County Farm Bureau sent letters expressing the bureau's vote to support the Tehama-Colusa Canal Authority's Fish Passage Improvement Project to Congressman Wally Herger, Senator Sam Aanestad, Assemblyman Doug LaMalfa, Tehama County Board of Supervisors, and the City of Red Bluff.

The letters state in part, "This effort is vital to nearly 20,000 acres of farm and ranch lands served by the TCCA in Tehama County, and over 140,000 acres region wide.

"In Tehama County alone it would be a loss of over $24,000,000 annually in direct agricultural production. That loss is just in agricultural production. This does not include losses that will occur throughout the community as a result. Agriculture is the main support for the Tehama County economy. A loss such as this would be devastating."

Another letter was submitted by the Tehama County Board of Supervisors to Herger, Aanestad, LaMalfa, the farm bureau and TCCA, stating the board is choosing to "not take sides in the debate".

Contact Rob Parsons at 934-6800 or rparsons@tcnpress.com, or Julie R. Johnson at 824-5464 and jjohnson@tcnpress.com