The statement recently released by Settlers Irrigation District
continues a pattern of misleading the public about a dispute created by
the irrigation company. The Ada County Highway District looks forward to
bringing all the
facts to light in District Court.
Settlers forced ACHD to file
suit in spring
2006 when the irrigation company refused to grant permission for a
bridge across Settlers' Canal to complete the Maple Grove Extension from
McMillan Road to Chinden Boulevard. The irrigation company denied
permission despite the fact that ACHD had altered the project plans on
several occasions to satisfy Settlers' requests.
Settlers brought a
counter
suit against ACHD that greatly expanded the scope and size of the
case beyond the bridge issue. By far, the majority of the claims in this
case are now those of Settlers against ACHD, which has increased the
costs of the litigation and the time spent in court.
After ACHD filed the original lawsuit, the irrigation company allowed
the project to be completed – 14 months late and at a substantially
increased cost to taxpayers that is still being assessed.
For decades, roadway drainage and irrigation return drainage has gone
into Settlers' Canal. The irrigation company had demanded that historic
water flows stop before it would approve the bridge. The Maple Grove
Extension does not discharge any new storm water discharges into the
canal. On August 17, 2006, Settlers
consented
to the completion of the bridge. In its statement, the company grossly
misrepresented the facts by stating that the project could discharge
more water into the canal. The new road contains facilities to hold,
clean and release the water into the ground, not in the canal.
Settlers' rate
increase is the direct result of the irrigation company's decision
to expand and extend the lawsuit, a legal case that began when Settlers'
refused to allow the Maple Grove Extension to move forward.
January 28, 2008