County responds to QSA decision

(County releases comments on appeals court decision)…The 3^rd Circuit Court of Appeals announced its decision December 7^th.

 The Court was hearing the appeal to State Superior Court Judge Roland Candee’s ruling to invalidate the Quantification Settlement Agreement. That ruling was based on the Judges decision that the state could not promise to take responsibility for Salton Sea mitigation resulting from the QSA. Candee said the state could not agree to, in essence, an open checkbook to cover mitigation costs above the amount agreed to by participating agencies in the Agreement. Candee ruled that was unconstitutional. The appellate court over-turned Candee’s ruling. The county response was issued Tuesday morning. The written response declared the court had cleared Imperial County Environmental claims for trial. The statement says in the 167-page opinion, the court ruled that California and its 4 Colorado River water districts could constitutionally sign the agreements, because the so-called state obligation to avoid future environmental harm to the Salton Sea would not be legally enforceable. The county statement says ruling on the Imperial County’s environmental claims, the judges rejected efforts by the water districts to prevent those claims from being resolved, and ordered the Sacramento Superior Court to set them for trial. Imperial County Counsel Michael Rood said, with the court’s ruling that IID and other water districts cannot enforce the state’s obligation to meet excess Salton Sea mitigation and restoration costs, the Imperial Irrigation District would be transferring water at its own risk. Rood says, while the appellate court refused to decide on the counties environmental concerns, they kept the claims alive by sending them back to the Superior Court for prompt resolution. Under California procedure, the parties have until December 22^nd to seek a rehearing or modification on the appellate courts decision, and about 40 days from the day the decision was handed down to seek Supreme Court review. Rood said no decision had been made as to how the county would proceed.