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Irrigation Canal Intake Gates

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1046-DR
ApplicantWest Stanislaus Irrigation District
Appeal TypeSecond
PA ID#099-91005
PW ID#71491,37804,01895
Date Signed1999-11-02T05:00:00
Citation:FEMA-1046-DR-CA; West Stanislaus Irrigation District; PA ID 099-91005; DSR 71491/37804/01895.

Cross Reference: Winter floods and storms; levees; flood control works; irrigation districts; reclamation districts.

Summary:In the aftermath of the early 1995 winter storms, FEMA approved DSR 37804 for $115,219 for temporary repairs to the intake gates connecting the West Stanislaus Irrigation District's (WSID's) irrigation canal to the San Joaquin River. Located within a federal project levee belonging to the US Army Corps of Engineers, the gates sustained damage from the storm. On August 23, 1996, USACE wrote the District indicating that it was replacing the federal levee and irrigation facilities and that WSID was required to fund $120,000-the cost of the permanent replacement gate structure. On November 1, 1996, WSID requested a supplemental DSR to cover this cost. FEMA denied the request on November 4, 1997, because the work that was already done was considered permanent. WSID appealed the decision on December 4, 1997, claiming that the repair consisting of three 48-inch siphon pipes straddling the levee was temporary and an unacceptable solution to the water problem. WSID indicated that USACE had pulled back the replacement design on discovering that it was flawed. However, WSID was still requesting the DSR for when the work resumed. FEMA responded on July 15, 1998, indicating that USACE had concurred that the previous repair was temporary and that the permanent replacement was on hold because the Fish and Wildlife Service (FWS) was negotiating to purchase the surrounding reclamation districts. Because the work could not be done by March 12, 1999, the last time extension the GAR was able to approve, FEMA could not grant the request for a new DSR. WSID submitted a March 5, 1999, second appeal in which it indicated that the purchase was recently completed and that it was being "held hostage to a football game being staged by two federal agencies." It requested an extension of 24 months to complete the project.

Issue:Should WSID be granted an extension for the project?

Findings: No.USACE has accepted responsibility for the project and is restoring the gate as a flood control structure. The completion date is expected to be before the start of the next irrigation season. Therefore, the appeal is denied.

Rationale:USACE is proceeding with the replacement.

Appeal Letter

November 2, 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 - West Stanislaus Irrigation District, PA ID 099-91005
FEMA-1046-DR-CA, DSRs 71491.

Dear Mr. Christian:

This is in response to your March 29, 1999, letter forwarding the referenced second appeal from the West Stanislaus Irrigation District (WSID). WSID is appealing the Federal Emergency Management Agency's (FEMA's) December 15, 1998, denial of its request for a new Damage Survey Report (DSR). WSID complained that the US Army Corps of Engineers (USACE) had been prepared to commence the permanent repairs to its irrigation water intake facility in 1996, but put the project on hold because the US Fish and Wildlife Service (FWS) started negotiations to purchase the surrounding reclamation districts. Since then, WSID has not been able to have its intake structure restored because of the interaction between the two federal agencies. WSID is, therefore, reiterating its request for a DSR for permanent repairs.

In the aftermath of the early 1995 winter storms and floods, FEMA approved Category B DSR 37804 on August 17, 1995, for $115,219 to repair the applicant's water intake structure that had washed away. Water flowed through the intake structure from the San Joachin River into WSID's irrigation canal. It was determined that the levees through which WSID obtained water to fill its canal were flood control works under the jurisdiction of USACE. Therefore, FEMA was not responsible for the permanent repairs. WSID requested FEMA to prepare a DSR for the permanent restoration of the intake structure in its November 1, 1996, letter that you forwarded on April 30, 1997. WSID stated that the earlier repairs were temporary emergency repairs and did not allow proper control of the water. In a November 4, 1997, letter FEMA's Disaster Recovery Manager denied the request because the facility was a flood control facility under the jurisdiction of USACE.

You forwarded the applicant's first appeal of the decision in your January 7, 1998, letter indicating that you did not support the appeal. FEMA at that time performed another inspection and determined that the repairs were indeed temporary and that the facilities had been damaged again in the January 1997 heavy rains. It was also determined that the irrigation facilities did belong to WSID and were not the responsibility of USACE. The facilities were, therefore, eligible for disaster assistance. However, because the applicant was in no position to begin work to repair the damaged facilities before March 12, 1999, the latest time extension your office could grant, FEMA would not grant its request for a new DSR. USACE and FWS were still negotiating the transfer of the surrounding reclamation districts.

My staff has made several telephone calls to USACE and FWS personnel in California and in Washington, DC, to determine the status of the project and has just received information regarding the proposed resolution. USACE is in the process of designing the structure to restore the applicant's facility. The structure envisaged is a gated intake that would provide protection to WSID's pumps from being inundated in the event of a flood. USACE is consulting with FWS to determine if construction could proceed through the winter months. USACE projects that the construction of the flood control works will be complete by March 2000, if FWS does not place any restrictions on the work. I have been assured that the applicant is and will continue to be informed of the progress.

Under the circumstances, FEMA must deny the applicant's appeal. USACE has taken responsibility for the restoration and will actually complete the work. Please inform WSID 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.

Sincerely,

/S/

Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate

cc: Martha Z. Whetstone
Regional Director
FEMA Region IX