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Second Appeal Summary
PA ID# 099-91005; West Stanislaus Irrigation District
DSR ID# 71491,37804,01895; Irrigation Canal Intake Gates
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.