On Sept. 29, I filed a lawsuit against the Amador Water Agency for not complying with our environmental laws. It is very easy to understand what the lawsuit is about, but you have to start a few years back, when the AWA was planning the Amador Transmission Project - the pipeline that replaced the Amador Canal.
When the environmental impact report was prepared, the AWA insisted that there would be no effect on most of Jackson Creek from closing the canal. They claimed that Jackson Creek was fed by springs, and ignored the obvious fact that the springs were in turn fed by water leaking from the canal. In fact, the AWA insisted that Jackson Creek would remain perennial even when the canal was closed.
On Aug. 28, the AWA approved an amendment to that EIR. But things have changed. For one thing, a year ago the state ordered Jackson to figure out how to maintain a 20:1 dilution ratio in Jackson Creek between its wastewater treatment plant and Lake Amador. For another, Jackson Creek dried up as the flows in the canal were reduced.
When important things like that change, the EIR must be updated to consider the new facts and circumstances. I asked the AWA Board of Directors to do that, but it has consistently refused to use common sense. The worst example of that, and the reason that your water rates are going up with no end in sight, is its argument that the canal was too expensive to maintain. The board said $250,000 per year was too much to maintain the canal, so it is making us pay $1.6 million per year in servicing debt - and existing residents cannot get one drop more or better water through their pipes for it. It was therefore not surprising that the AWA refused to consider its earlier mistake, if that is what it was. Suing was all that was left. If I prevail, all that will happen is that the AWA will have to finally, honestly deal with the consequences of its decision. The agency has already stuck us with one bill, but maybe it can be stopped from running up the costs on local residents even more, at least not without honestly considering the consequences of its actions.