Summary: Severe storms and flooding in the winter of 1997 caused high water levels in Reclamation District 544 (Upper Roberts Island). Damage Survey Report (DSR) 79674 was prepared for $21,837 to pump water from the area behind a District levee. FEMA obligated $0 for the DSR because there was no evidence of a threat to improved property. The District submitted an appeal on February 13, 1998, claiming that the pumping was necessary to maintain the stability of the levee. The District stated that if the levee failed, it would have threatened lives, public health and safety and improved property. FEMA denied the appeal on October 20, 1998, because the District did not establish a threat to improved property. Maps of the District showed that there was no improved property in the vicinity of the pumps. Instead, agricultural land was protected. The District submitted its second appeal on December 1, 1998. It claimed that the pumps were located in an area that would best preserve the integrity of the levee. It referred to previously submitted materials for evidence of threats to lives, public health and safety, and improved public and private property.
Issues Was pumping an emergency protective measure necessary to save lives, to protect public health and safety, or to protect improved property?
Rationale: 44 CFR 206.225(a)(3); Policy for Rehabilitation Assistance for Levees and Other Flood Control Works, Response and Recovery Directorate Guidance No. 4511.300 PO, EX, September 11, 1996.