With an eye toward informing the Amador Water Agency Board of Directors of the nature of the lawsuit filed last week against the agency by Ken Berry, Item 6B on Thursday morning's board meeting agenda was: Small Diameter Pipeline Litigation.

"To have full transparency," said AWA general manager Jim Abercrombie, "we put this lawsuit on the agenda. In the past, the board has repeatedly wanted to respect the property owners (along the dewatered Amador Canal) and offer them as many options as possible."

Abercrombie went on to estimate a loss of approximately $300,000 per year if water were to be fed back into Jackson Creek to provide dilution water for the Jackson wastewater treatment plant, which could result from the lawsuit. He also expressed a concern that such a use of water could be considered wasteful in the eyes of the state.

"This may be somewhat confrontational," began AWA Director Terry Moore, who had brought some prepared verbiage. "The settlement agreement between the agency and (Preserve Historic Amador Waterways, in an earlier lawsuit over the Amador Transmission Pipeline project) included a provision that neither PHAW nor its individual members will ask for a stay on the pipeline project."

Within Berry's lawsuit are a number of exhibits, one of which is a declaration signed by AWA District 1 candidate Bill Condrashoff, a member of PHAW. Moore went on, saying, "Mr. Condrashoff is not a licensed engineer. He may not prepare reports and draw conclusions. In fact, practicing engineering without a license is a misdemeanor."

Plaintiff Berry was present at the meeting, in a conciliatory mode. "In the lawsuit, I state that I am acting 'in pro per.' I'm representing myself only. I'm willing to settle if the agency will agree to do the environmental studies," Berry offered. "Right now, the four of you and the missing fifth can deal directly with me."

"The canal is not an issue," Berry continued. "National Pollution Discharge Elimination System permits are." Federal water quality program standards are commonly called NPDS. "You said Jackson Creek won't dry up," said Berry, "so you didn't consider what would happen if it did."

Also present at the meeting was Condrashoff. "Plotting data is not practicing engineering," he said in reference to Moore's charge. "This is public data, gathered by the agency. I'm not involved in this lawsuit at all."

"I would really consider what you do," cautioned Moore, who later stated, "Anybody can go to school and get a degree in engineering. Unless he is licensed by the state of California, he can't practice as an engineer."

Further contentious discussion followed, revolving around the settlement of the earlier PHAW lawsuit and the festering feelings that remain, as both sides expressed their beliefs that they had ultimately prevailed.

"When you lose a lawsuit," Condrashoff said, "you can't blame it on the plaintiff."

"Not one of the issues that PHAW brought up was ever adjudicated," countered Abercrombie.

At the close of the public meeting, AWA directors went into closed session to discuss the litigation. All that is known is that they have scheduled another session prior to the hearing in Judge Susan Harlan's superior court on Oct. 30.

AWA District 4 candidate Debbie Dunn asked the agency to consider requesting that the county add water as an optional element in its updated general plan. "Calaveras County has already added a water element to their general plan. Adding water as an optional element," Dunn said, "opens the door for Amador and Calaveras counties to start partnering on grants and lobbying efforts at the state." "If the board of supervisors is interested,"Abercrombie said, "we would be very supportive of that."

Agency directors agreed to provide direction to staff to draft an amendment to the agency's wastewater treatment contract with the city of Sutter Creek, based on a term sheet accepted last Monday night by the Sutter Creek City Council. This agreement will bring the agency and the city into a partnership of sorts, in that they will each pay half the costs of upgrading the wastewater treatment plant to increase capacity, which will be shared equally between them. "If Gold Rush proceeds," Abercrombie added, "our capacity will be upgraded to tertiary level at no cost to the agency."

Water conservation is a growing concern throughout California. AWA financial director Mike Lee told the board that the state Department of Water Resources is looking at instituting a statewide conservation program. "To my mind," replied Agency attorney Ryan Bezerra, "you're ahead of the curve, in that the pipeline has already saved a substantial amount of water."

Installation of well No. 14, with its 300 gallons per minute, has brought about a lifting of the state freeze on new connections for would-be homebuilders in the Lake Camanche area. Thirteen applicants on the list will be given the go-ahead to proceed with their projects, while seven more will be added to the new list.