In our battle to stop Tulare Irrigation District's effort to line the canal, we have had three legal skirmishes in Tulare County Superior Court, and an important ruling by the California Department of Fish & Game.
TID's request to increase the bond we are required to pay from $100,000 to $1.8 Million was denied by Judge Patrick O'Hara. This bond is to reimburse TID for the cost of the construction delays if they were to prevail in the upcoming trial. We have raised and posted the $100,000 bond by having a barn dance, a quilt raffle, and pledge drives. The judge ruled that our lawsuit was not the only thing stopping the project, citing the recent Fish & Game ruling (see below). this was a important victory because we would not have been able to raised much more money.
TID's request to disqualify Judge O'Hara was denied. This is good. We think Judge O'Hara is a good judge.
On January 8th TID petitioned the court to drop 3 of the cause of actions listed in the pending suit. These had to do with private and public nuisances that we contend would result from the removal of the valley oak trees and the projected ground water loss, and our contention that TID unlawfully trespassed in conducting survey work outside their easements. Their request was denied.
We got another big victory in the ruling from the Cal. Dept. of Fish & Game. After an investigation they ruled that the canal was historically a natural waterway. This will force TID to apply for a Stream Bed Alteration Permit and redo the Environmental Impact Report. This could be a major road block to the project.
This has been a tough expensive fight, but there is no doubt that we are winning. Make it permanent.