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FY05 Appropriations Request Form

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FY05 Appropriations Request Form Powered By Docstoc
					                           Office of Senator Dianne Feinstein
                    Fiscal Year 2010 Appropriations Request Form
                       Submit by February 5, 6:00PM Eastern Time
Requesting Entity: Citize ns Legal Enforce ment And Restoration (CLEAR)

Requesting Individual: Gary Niles, CLEAR Business Manager

Priority: 1 of 1 requests

Project Name: CLEAR Wate r Project

Amount Requested: $103,782,763

Bill:    INT (Interior and Environment)
Agency: Departme nt of Interior, BREC and/or USFWS
Account: Land & Water Conservation Fund (or Economic Stimulus Package)


Project Justification:

The Palo Verde Lagoon and Original Colorado River flow through Cibola National Wildlife
Refuge and connect four (4) waterfront communities plus a BLM public campground to the
Colorado River.

This 18-mile historic federal waterway has been abandoned by the government agencies
responsible for its maintenance. It has become blocked by silt, storm debris and invasive weeds
which have destroyed wildlife habitat, navigation, fishing and recreation, and is now on the
verge of extinction.

Pollutants caused by reduced flows include FECAL COLIFORM, ENTEROCOCCI, E. COLI
and DDT which exceed US EPA water quality standards. The Lagoon and Original River have
been reduced to a shallow drainage ditch, a legal nuisance and public health threat precluding the
beneficial uses identified in the Colorado River Basin Plan.

Citizens and local stakeholders are demanding these waterways be restored, managed and
preserved according to state and federal laws, including the Public Trust Doctrine and California
Constitution.

Description of the Project:

BACKGROUND

Citizens Legal Enforcement And Restoration (CLEAR) is a non-profit organization in
Imperial County, California, representing over 500 members and stakeholders. The CLEAR
Wate r Project began in 2006 after the Bureau of Reclamation (BREC) abandoned its proposed
construction work (FY2003 Pretty Water Project) to improve water flow in the Original
Colorado River Channel (ORC). Please refer to the following map.
Follow enclosed Instructions. Include Additional Information required for Defense Requests

U.S. Senator Dianne Feinstein               1                       FY10 Appropriations
U.S. Senator Dianne Feinstein   2   FY08 Appropriations
A 9- mile stretch of the Colorado River was bypassed by BREC’s Cibola Cut in 1969 with no
provision for the long term preservation of the ORC. The upstream culvert pipe at Pretty Water
Levee, originally installed to provide a source of fresh water, quickly silted- in and blocked all
flow. BREC performed two minimal attempts over 40 years to maintain a one- mile boat channel
at Walters Camp however millions of cubic yards of sediment, deposited by flash floods, prevent
boating to the north. Invasive weeds and salt cedars have overtaken 513 acres of Ciboloa NWR
riparian habitat, reducing channel width from 400 feet to 60 feet for most of its length. River
access for the waterfront communities of Coco Palms and Mitchell Camp, 105 residences plus
RV sites, is now impossible. Walters Camp residents, 58 waterfront homes plus 71 public BLM
RV sites which once hosted over ten thousand annual visitors, can no longer navigate the 18-mile
waterway to Palo Verde.

The Palo Verde Lagoon, an ancient tributary to the Colorado River, once flowed through the
town center of Palo Verde providing river access for 150 residences and businesses including
three public boat ramps. Used as an agricultural drain by Palo Verde Irrigation District (PVID),
the Lagoon was extended to join the ORC in the mid 1960’s via the 5- mile manmade Palo Verde
Outfall Drain. In 1962, as allowed by BREC, PVID bypassed the town center by dredging the
non-permitted Simpson Cut. PVID’s promise to provide recreational boating access to the
Colorado River, documented in their 1962 Annual Report, was never kept. Palo Verde residents
are now landlocked, a once-thriving tourist industry has evaporated, and local businesses have
suffered irreparably.

A fully- narrated video can be viewed at: www.YouTube.com/rickrey1111


LEGAL HISTORY

After decades of broken promises, frustrated by overlapping jurisdictions and BREC/PVID’s
failure to resolve these waterway issues, CLEAR filed two lawsuits in federal court in 2006. The
legal complaints, posted at www.ClearWaterProject.us are summarized below:

LEGAL COMPLAINTS: Neglect and Abandonment of the Original Colorado River and Palo
Verde Lagoon / Outfall Drain (US District Court case 06CV 2368 JLS and 06CV 2545 JLS).

               Defendants:    U.S. Department of the Interior; Bureau of Reclamation; Bureau
                              of Land Management; U.S. Fish & Wildlife Service; U.S.
                              Environmental Protection Agency; California State Water
                              Resources Control Board;
                              Palo Verde Irrigation District.

               Violations:    Federal Rivers and Harbors Act, Section 10; Federal Reclamation
                              Act, S 8; Clean Water Act; California Fish & Game Code S 5937;
                              California Constitution, Article X, S 2; Public Trust Doctrine;
                              California Civil Code, S 3479, Nuisance


U.S. Senator Dianne Feinstein               3                       FY08 Appropriations
SUMMARY OF COURT PROCEEDINGS

Oct 25, 2006   Case No. 06 CV 2368 filed, Original Colorado River fro m Pretty Water to Walters Camp.
               Co mment Letter sent to State Water Resources Control Board re: Proposed Delisting of Palo
               Verde Outfall Drain.*
Nov 20         Case No. 06 CV 2545 filed regarding navigation and water quality in the Palo Verde Lagoon.
               Filed Notice of Related Case.
Jan 2007       US District Court begins Early Neutral Evaluation Conferences.
March          *As a result of CLEA R’s letter, USEPA instructs SWRCB to keep PV Outfall Drain on 303(d)
               List of impaired water bodies.
April 18       US District Court conference with PVID and BREC re settlement options, Orig inal River lawsuit.
June 28        *USEPA approves Califo rnia’s inclusion of Palo Verde Lagoon in Section 303(d) List of Water
               Quality Limited Seg ments.
July 25        US District Court conference with PVID and BREC to clarify Palo Verde Lagoon lawsuit.
Aug 13         CLEA R files First Amended Co mp laint, PV Lagoon, to include Clean Water Act violat ions.
Sept 24        Court requests additional clarificat ion of federal River & Harbors Act violations, PV Lagoon .
Sept 27        Both cases reassigned to newly appointed Judge Janis Sammartino.
Feb 5, 2008    CLEA R files Second Amended Co mplaint, PV Lagoon, dropping River & Harbors Act claims.
March 14       Court Order sets briefing schedule. PV Lagoon lawsuit.
April 28       Court Order allo ws discovery supplementation of the Admin istrative Record, ORC lawsuit.
May 13         Court Order allo ws CLEA R to retain expert witnesses and request additional documents from
               defendants.
May 28-29      CLEA R co mpletes navigational survey of both waterways (expert witnes s #1).
June 2-4       CLEA R co mpletes biological assessment of both waterways (expert witness #2).
June 6         Court Order DENIES PVID’s motions for clarification and dis missal of second & third causes of
               action (DOC 52).
June 16        CLEA R conducts weed removal survey for USFWS with (2) private contracting firms, both
               waterways (expert witness #3).
July 2         Court Order mandates private mediation between CLEAR, BREC and PVID, both lawsuits.
Sept 23-24     All part ies attend conference to discuss possible settlement of both lawsuits; Owen Olpin,
               professional mediator, presides.
Oct 31         Despite CLEA R’s good faith attempts to negotiate settlement, defendants fail to propose ANY
               reasonable options.
Nov 12         CLEA R and U.S. Attorney General file Jo int Proposed Discovery Plans with District Court in
               preparation for trial.
Jan 22, 2009   Parties file Revised Joint Proposed Discovery Plans, both lawsuits, preparing for trial.
Jan 30         Court accelerates discovery schedule and plans for trial to begin no later than first quarter 2010.




MEDIATION FAILS WHEN BREC & PVID REFUSE SETTLEMENT

Court-ordered mediation in September 2008 failed when Bureau of Reclamation (BREC) and
Palo Verde Irrigation District (PVID) officials ignored all restoration proposals and refused to
offer any reasonable plan to maintain the Palo Verde Lagoon and Original Colorado River.
Despite decades of promises their only “management plan” is complete abandonment and
permanent destruction of 18 miles of public waterway recreation, fishing, riparian habitat
and rive r access for (4) residential communities and a BLM public campground.



U.S. Senator Dianne Feinstein                     4                             FY08 Appropriations
“CLEAR” REQUESTS LEGISLATIVE HELP TO AVOID A NATIONAL DISGRACE

Numerous federal agencies with overlapping jurisdictions add to the complexity of this problem.
BREC officials claim no responsibility for removing flash flood sediments flowing from BLM
land into the USFWS Cibola NWR. BREC further denies responsibility for the Palo Verde
Lagoon, used by PVID as an agricultural drain, even though this waterway was once a 20- foot
deep major tributary to the Colorado River.

CLEAR believes the Secretary of the Interior, as Water Master of the Colorado River,
must oversee these issues. A lengthy court trial is a tremendous waste of taxpayer time and
money. As CLEAR prepares for trial in 2009 this preservation effort will gain national attention.
It is hoped President Obama and Secretary of the Interior Salazar will support restoration of
these waterways and work to avoid a costly and disgraceful court trial.


RESTORATION PROPOSAL AND SCOPE OF WORK

Restoring the 18- mile waterway from Palo Verde to Walters Camp is a three to four-year project
employing 24 to 30 full- time equipment operators plus 40 to 50 engineering, manufacturing,
maintenance and administrative jobs to manage, supply and support p roject operations. The Palo
Verde Lagoon / Outfall Drain and Original Colorado River Channel will be restored to their
original state, addressing not only the immediate short-term problems but long-term management
issues as well.

Bureau of Reclamation, U.S. Fish & Wildlife Service and Palo Verde Irrigation District officials
have declared these agencies do not possess the equipment, manpower, funding or expertise to
efficiently conduct such a multi- faceted restoration project. In 2008 CLEAR consulted with
private contractors who specialize in large-scale aquatic environment restoration resulting in a
detailed proposal for repairing the damage caused by the alteration of these waterways.

The scope of work includes biological assessment to ensure habitat a nd species preservation,
clearing vegetation from the waterway and dredging a safe navigable channel. As a final
measure, future ongoing maintenance and monitoring will be necessary to ensure the results of
this project are not short lived.



PROVEN ENVIRONMENTAL MANAGEMENT TECHNOLOGIES

Aquatic Environments, Inc. and Eynon Weed Control are California’s leading companies
dedicated to removing nuisance vegetation, habitat restoration and maintenance of aquatic
environments. Their mechanized systems, more cost competitive than conventional dredging,
separates vegetation from sediment to produce marketable compost, sand and aggregates for
local use.

Additional information available at: www.aquamog.com and www.eynonweed.com


U.S. Senator Dianne Feinstein               5                       FY08 Appropriations
                                    PROJECT BENEFITS


IMPORTANCE TO LOCAL COMMUNITIES, CALIFORNIA AND THE NATION

The town of Palo Verde, California, located in the 51 st Congressional District, northeast corner
of Imperial County, California, was settled in the early 1900’s along the banks of the Palo Verde
Lagoon, an ancient tributary to the Colorado River. This area became a nationwide recreation
destination for thousands of annual visitors and water sports enthusiasts who enjoyed the Palo
Verde Valley’s mild climate and scenic desert-river environment. Tourist-related businesses
included motels, restaurants, stores, bars, shops and gas stations. The Palo Verde Rod & Gun
Club was once one of the largest fishing and hunting organizations in California boasting over
2,000 members.

The Original Colorado River Channel flows through the Cibola National Wildlife Refuge
between two designated wilderness areas: Palo Verde Mountains (CA) and Trigo Mountains
(AZ). Coco Palms, Mitchell Camp and Walters Camp, immediately south of town, developed as
residential waterfront communities whose primary attraction was the Palo Verde Lagoon and
Colorado River. The BLM concession at Walters Camp, a remote RV park and campground,
once attracted thousands of birdwatchers, boaters, campers, fishermen, hikers, hunters, kayakers,
off-roaders, water sport and outdoor enthusiasts.

This historic waterway has been neglected by government agencies and has deteriorated into a
contaminated weed-choked drainage ditch and a national disgrace. The abandonment of this
valuable resource has severely impacted the local economy, destroying home values and
businesses of hundreds of local residents. Tens of thousands of annual visitors from all over the
nation, no longer able to access these natural resources, have found other destinations more
attractive.

The Public Trust Doctrine recognizes the universal value of our natural resources and
guarantees access for citizens to common fisheries and navigable waters. Restoration and
maintenance of the Palo Verde Lagoon and Original Colorado River Channel is crucial and with
proper care they will once again flourish to become one of our nation’s most scenic recreation
areas. Our state and federal government is responsible to ensure these valuable resources are
protected, maintained and preserved for future generations.

WATER CONSERVATION

Millions of gallons of water are lost each year due to the evapotranspiration of salt cedar
(tamarisk) and cattail reeds which have overtaken these waterways. Water-use studies indicate
that rivers and ponds, infested with such invasive vegetation, can lose as much as 10% more
water to the atmosphere through the “wicking action” of non-native plants than is lost from
cleared, free-flowing water. As irrigation and domestic demand increases, under normal as well
as drought conditions, proper maintenance can conserve our valuable water by reducing wasteful
evaporation. Ref: Control of Tamarix in the Western United States, P.B. Shafroth et al, 2005.
DOI: 10.1007/s00267-004-0099-5


U.S. Senator Dianne Feinstein               6                       FY08 Appropriations
Budget Breakdown and Total Cost:


Line Item                           Est. Days to Complete                            Cost

Vegetation Survey                    30                                   $              32,223
RMP Development                      75                                   $             251,238
Vegetation Removal                  975                                   $          34,951,500
Mobilize / Demobilization            28                                   $             153,400
Process, Offhaul & Disposal         975                                   $          17,114,982
Bathymetric Survey                   30                                   $             267,500
Consulting – Channel Location        60                                   $             112,500
Dredge Mobilize / Demobilization     20                                   $             670,000
Install Culverts at Pretty Water    180                                   $           4,825,800
Aquamog PV Lagoon                   150                                   $             945,000
Dredge, Stockpile & Grade           585                                   $          40,071,120
Per diem, Housing & Expenses        1,560                                 $           4,387,500

PROJECT TOTAL:                                                            $      103,782,763


FIRST YEAR MINIMUM FUNDING REQUIRED:                                      $          18,476,114

TOTAL VEGETATION TO BE REMOVED:                             2,559,000 cubic yards, 793 acres.

TOTAL SEDIMENT DREDGING:                                    2,003,000 cubic yards.


FUTURE ESTIMATED ANNUAL MAINTENANCE COST:                                 $          3,164,135
(Not included in above budget)

NOTE: All costs shown are 2008 dollars.




Amount in the President’s Budget Request: N/A

Authorization: N/A

Appropriations History: N/A

Congressional District(s) and Member(s): CA 51 Bob Filne r

County or Counties (California only): Impe rial



U.S. Senator Dianne Feinstein               7                       FY08 Appropriations
Grantee Legal Name:               Citizens Legal Enforce ment And Restoration (CLEAR)
Grantee Street Address:           2558 Walters Camp Road, PO Box 218
Grantee City/State/Zip:           Palo Verde, CA 92266

Local Contact Name/Title/Phone/Email:         Gary Niles / CLEAR Business Manager
                                              760-854-1825 / river42@hughes.net


Washington Contact Name: N/A
Washington Contact Affiliation: N/A
Washington Contact Office Phone: N/A
Washington Contact Out-of-Office Phone: N/A
Washington Contact Email: N/A




ANNEX A: Stakeholde r Support


Member supporters of the CLEAR Water Project include those named below in addition to
hundreds of unnamed citizens unable to contribute financially :


CHARTER MEMBERS
Elouise Baat z – Bo myea                       The M unoz Family
Darrell Barrett                                Gary Niles & Stella Barrett
Ronnie & Lisa Berger                           Ronald & Deborah Parks
Owen & Susan Bingham                           M ark & M ara Penick
Roscoe & Chery l Bowen                         Tim & Annemarie Penick
David Brooks, M D                              Ken & Sue Pintus
Glenn & Jeanne Brown                           The Reider Family
Tom & Patsy Calvert                            M ike & Deanna Schlumpberger
Milan Chakrabarty, MD                          The Sifling Family
Tom & Donna Chase                              Gerri Stallard
Steve & Debbie Clapp                           Bill & Chris Whitacre
Carl Evans                                     Don & Vicki Whitacre
Ron & Rhonda Farnam                            Chuck & Jackie Williams
Gil & Wanda Flores                             Brian & Sharon Wilson
Jillian Hanson-Cox & Robert Cox                Willie & Patty Wilson
Steve Kendall                                  Scott & Sue Wing
Rick & Beth Levknecht                          The Woodruff Family
Clarence & Raynelle M artin
M ichael & Jenny M ay
Jim & Sherree M cGinley
Dennis & Judy M organ
Duane & Amy M oyers




U.S. Senator Dianne Feinstein                 8                           FY08 Appropriations
CONTRIBUTORS
Dave & Diane Anderson           Harry & Nancy Kendall
Tom & Donna Anderson            Ron & Le Ky le
Jim Babbitt                     John & Mary Laccinole
Steve & Julie Blizzard          Chris & M ike Markham
Scott & Betsy Boney             Kevin & Leann McCarthy
Jim Bonney                      Freda Moss & Frank Torres
Roberta Brandenburg             Houston Muckelvane
John Bryant                     Ken & Jennifer Niles
Paul Butler                     Glenn & Diana Palkiewicz
Vince & Susan Camp ise          The Pickard Family
Chad Chap man                   Wayne Pinkerton & Martha Ladd
Caro l Christy                  Jim & Coral Pintus
Michael Coleman                 Roger & Ava Rector
Mike Co rio                     Rick Reynolds
Davy Crockett                   Tom & Kim Rinder
Lee & Marilyn Curt is           Monte & Jerri Rose
Craig Deutsche                  Don & Barbara Schuler
David & Alberta Diffenderfer    Dennis Sempsrott / Barb Kingsbury
Roy & Renee Donte               Ronald Sievers
Steve Eynon                     Keith Sifling
Clarence Fellhoelter            Charlie & Lav ina Smith
George Forni II                 The Steagall Family
Derek & Gina Frah mann          Tim & Cindy Stephan
John & Vicki Geyer              Eugene Upton
The Gibson Family               Diane Villescaz
Corrinne Jackson & M ike Good   Gary & Chris Vineyard
Joel & Janice Grace             David & Carol Ward
Matt & Tammy Hensel             Bruce & Joyce Williams
Mike & Toni Henderlite          Ron Woods
Harold & Sandy Hoetker          Steve & Patty Yates
Shirley & Ed Hoeven
Dan Ho lford
David & Anita Hudson
Larry & Mary Johnson
Dan & Kelli Jo rdan
Mark Jo rdan


DONATIONS
Peter & Pattiann Aardema        Rick & Lee Enright
Gary & Laurel Anderson          Kenneth Flaherty
B & B Bait Customers            Byron & Karee Good man
Stephanie & John Bailey         Daniel Mueller
Jay & Winnie Barrett            Richard Newton
Ella Bartee & Mike Hafner       Lewis Po llak
Gene & Deb Bencivenga           David & Mary Raphael
Robert Cole                     Yejide Shabazz
Ray & Marge Cook
Bob & Sharon Corbett




U.S. Senator Dianne Feinstein   9                         FY08 Appropriations
SUPPORTING BUSINESSES & ORGANIZATIONS
A.E.L. CONSTRUCTION
AMERICAN RESERVATION DVLPMT
AMPAC CONSTRUCTION MGMT
AQUATIC ENVIRONMENTS INC
ARIZONA PIPELINE COMPANY
ASAP DELIVERY SERVICE
ASSURANCE PLUMBING
AUGUSTINE MUNOZ MEMORIAL
B & B BIAT
BERGELECTRIC CORPORATION
BRYANT INVESTIGATIONS
BUTLER FARM
C. EVANS & SONS TRUCKING
CLIP MINE, ARIZONA
COCO PALMS PARK
CONTAINER MOLD CORPORATION
D.A. WHITACRE CONSTRUCTION
DAVID BROOKS, MD
DECISIVE TESTING
DeserT’s
DESERT PROTECTIVE COUNCIL
DESERT REPORT.ORG
DIAMOND POOLS & SPAS
DOBBS TV-APPLIANCE AUDIO
DONTELAND CAMP
EYNON WEED CONTROL
HI-TECH AIR CONDITIONING
J GEYER PLUMBING
LAGOON LODGE
MARK-ALANE INC.
MILAN CHAKRABARTY, MD
MITCHELL CAMP FAMILY ASSO.
MOLD & MACHINE COMPANY
PALO VERDE IMPROVEMENT ASSO.
PALO VERDE ROD & GUN CLUB
PASSAGE PRODUCTIONS
QUALITY LOAN SERVICE CORP.
R.B. STRUCTURAL CONCRETE
REICO CONSTRUCTION
RIGHT-OF-WAY ENGINEERING
SALUD CORPORATION
SEARCH ELECTRONICS
CRAIG A. SHERMAN, ATTORNEY
SK POOLS
SNAP-ON TOOLS / TIM STEPHAN
TAMARACK LAGOON CORP.
T.B. PENICK & SONS
TC WELDING & ENGINEERING
TIKIS BY MIKE
WaltersCampRiverProperties.com
WASHINGTON PROPERTIES
WATERFOWL DECALS
WOODRUFF’S TRENCHING




U.S. Senator Dianne Feinstein    10     FY08 Appropriations
CLEAR CORPORATE SPONSORS

AQUATIC ENVIRONMENTS, INC.
ARIZONA PIPELINE COMPANY
CONTAINER MOLD CORPORATION
D.A. WHITACRE CONSTRUCTION
EYNON WEED CONTROL
PASSAGE PRODUCTIONS
RIGHT-OF-WAY ENGINEERING
CRAIG A. SHERMAN, ATTORNEY
T.B. PENICK & SONS
TC WELDING & ENGINEERING
WaltersCampRiverProperties.com




ANNEX B: Letters of Support

Letters of support listed below have been FORWARDED as ATTACHMENTS to this
Appropriations Request:

Craig Deutsche, Managing Editor, SIERRA CLUB CNDC Desert Report, Los Angeles, CA
Terry Weiner, Imperial Cty Coordinator, DESERT PROTECTIVE COUNCIL, San Diego, CA
Duane Moyers, Chairman of the Board, ARIZONA PIPELINE COMPANY, Hesperia, CA
Tim Penick, President, T.B. PENICK & SONS, San Diego, CA
Donald Whitacre, CEO, D.A. WHITACRE CONSTRUCTION, INC., El Cajon, CA


Additional letters are expected from the following entities and will be forwarded as received:

Cultural Committee, QUECHAN INDIAN TRIBE, Yuma, AZ
PALO VERDE IMPROVEMENT ASSOCIATION, Palo Verde, CA
FORT GASTON HISTORICAL SOCIETY, Palo Verde, CA
PALO VERDE ROD & GUN CLUB, Palo Verde, CA
COCO PALMS PARK, Palo Verde, CA
MITCHELL CAMP FAMILY ASSOCIATION, Palo Verde, CA
RIO VALLEY HOMEOWNERS ASSOCIATION (Walters Camp), Palo Verde, CA




U.S. Senator Dianne Feinstein               11                       FY08 Appropriations

				
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