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Second Appeal Letter
PA ID# 017-91025; El Dorado Irrigation District
DSR ID# 75592,75593,79431; El Dorado Canal
July 26, 1999
Mr. D.A. Christian
Governor's Authorized Representative
Governor's Office of Emergency Services
Post Office Box 419023
Rancho Cordova, California 95741
RE: Second Appeal - El Dorado Irrigation District
FEMA-1155-DR-CA, DSRs 75592, 75593 and 79431.
Dear Mr. Christian:
This is in response to your January 21, 1999, letter forwarding the referenced second appeal dated October 1, 1998. The El Dorado Irrigation District is appealing the Federal Emergency Management Agency's (FEMA's) denial of its request for reimbursement of electric power costs it incurred in pumping water to its facilities for distribution to its customers. In this second appeal, the applicant is requesting costs of $2,741,701 to include the purchase of water, the costs of pumping the water and a new cost for the installation of a pipeline to bypass the damaged canal and its eventual removal.
I have carefully examined the facts in this case and find that an emergency within the context of the Stafford Act did not exist to justify the applicant's claim. I concluded that the Regional Director's decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying the second appeal. The reasons for my denial are further explained in the enclosed appeal analysis.
Please inform the Subgrantee of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Martha Z. Whetstone
FEMA Region IX