Settlers Irrigation District

ACHD LITIGATION

On April 3, 2006, the Ada County Highway District (ACHD) sued Settlers Irrigation District claiming that Settlers prevented ACHD from constructing the Maple Grove Bridge.  On August 20, 2007, ACHD amended that claim.  Second Amended Complaint


In fact, Settlers' opposition to the project was the additional  storm water ACHD proposed to discharge into the canal.  The canal was constructed to handle the capacity of the District's water rights and irrigation return flows, not storm water from urban streets and sidewalks. The carrying capacity of Settlers Canal at the Maple Grove location is approximately 200 cubic feet per second (c.f.s.).  During the irrigation season, the average flow of irrigation water through the canal at that location is 180 c.f.s. leaving little room for additional water.  ACHD has already placed two  unauthorized storm water discharge pipes into the canal at the Maple Grove location .  Under surcharged conditions, ACHD's expert estimates that the "maximum probable flow" of the 48-inch and 24-inch pipes is 100 c.f.s. and 13 c.f.s. respectively.  This puts an additional burden of 113 c.f.s. of storm water into the canal, 93 c.f.s. over and above the canal's maximum carrying capacity during the irrigation season.  In a worst case scenario, the canal would fail and flooding damage would be disastrous.   Therefore, the canal is already at great risk and it would not be imprudent to allow ACHD to discharge additional storm water.

On August 14, 2006, Settlers responded to the lawsuit filed by ACHD, seeking to protect its property rights and avoid the liability and public health risks that would have resulted from ACHD's actions.  Since the initial filing, certain facts have been disclosed through the discovery process, namely ACHD's redesign of the Maple Grove trunk line.  Based on that information, on June 20, 2008, Settlers filed a First Amended Answer to Ada County Highway District's Second Amended Complaint and Second Amended Counterclaim.


SETTLEMENT

In October of 2006, the Board of Directors of Settlers Irrigation District authorized its attorney to approach ACHD's attorney and attempt to negotiate a settlement.  This was in an effort to avoid raising the 2008 assessment by 94%, which increase was largely due to mounting legal expenses. In an effort to compromise, Settlers' proposed allowing ACHD to keep all unapproved, existing storm water outfalls currently discharging into the canal and they (ACHD) would have to be responsible for the water quality of those outfalls.  Because of the concern of flooding, we informed them that we would not allow any additional storm water discharge pipes. 

When that attempt failed, one of our Directors approached a member of the ACHD commission in an effort for the Settlers Board to meet directly with the ACHD Board with no attorneys present.  The response from their legal counsel to Settlers' attorney was "direct your client to make all communication through the attorneys representing the parties in the case".  We have been advised by our attorney that there are no legal grounds that would prohibit such discussions.

We will continue to pursue it, but unless a settlement can be reached, a trial date of July 29, 2009 has been set.