A new lawyer to handle the nation’s largest agriculture-to-urban water transfer may be hired within the next few weeks, though more information is needed.
The Imperial Irrigation District Board of Directors postponed a decision on whether to hire New Mexico water attorney Charles DuMars while district staff works to define the duties and potential conflicts of interest.
DuMars has a focus on water and environmental law, interstate compact negotiations, constitutional law and complex litigation matters. He was brought into the mix after he filed an amicus brief in the appealed Quantification Settlement Agreement on behalf of Citizens for a Reliable Water Supply, a group of Imperial Valley citizens who say the QSA will cause environmental concerns that local residents will have to pay for.
The QSA is a set of agreements to transfer IID entitlement water to Southern California water districts. It was invalidated by a Sacramento Superior Court judge in 2010, but the ruling is under appeal.
The agreement can’t continue to be dragged out, said board Vice President John Pierre Menvielle. The IID needs to bring in DuMars as soon as possible to help create a Plan B and deal with issues that the board “has heartburn with.”
“I believe we need a second set of eyes or a fresh look,” Menvielle said.
While the item had originally been scheduled to be voted on Tuesday, Director Jim Hanks had asked for it to be an informational item only. Hanks asked for a resolution that spelled out the board as a client and defined the scope of DuMars’ potential work.
Hanks had previously been supportive of the move to bring in an independent assessment of where the case stands. On Tuesday, he brought up a resolution the board had passed last year saying the IID would pursue any avenues available to come to a solution on the QSA.
Not all on the board was in favor of the idea.
Board President Stella Mendoza said that instead of spending hundreds of thousands of dollars on another lawyer, she would rather use that money on projects like water maintenance. She added that she didn’t think DuMars would bring anything new to the table.
DuMars has a conflict of interest as well, she said. He has worked for another group involved in the QSA appeal.
There are two issues that have to be resolved before DuMars can be hired, said General Counsel Jeff Garber. DuMars currently represents Citizens for a Reliable Water Supply, which filed an amicus brief in the appellate case. DuMars also doesn’t appear to be able to practice law in California as he isn’t a member of the state bar association.
Garber asked the board for time to find out whether there were solutions to the two issues.
Members of the public also weighed in on the potential hiring.
Brawley resident Rusty Jordan said he thinks it’s a good idea to bring in someone for a second opinion. While there may be conflicts because of DuMars’ previous work with the other group, DuMars knows the issues. The district wouldn’t have to pay him to learn what is going on with the case.
The issue is tentatively scheduled to come back to the board at its Aug. 9 meeting.
Meeting glance
Here are five things that came out of Tuesday’s IID Board of Directors meeting:
1 - The board approved a major work authorization for a $792,000, 1,800-foot distribution line rebuild in El Centro that was initially presented at last week’s meeting.
2 - The energy department is preparing a major work authorization for a system operation center redundancy office in La Quinta, said energy department Manager David Kolk in response to questions from Director Matt Dessert.
3 - The district’s internal audit department is working on audits of the power trading, solicitation and bidding, and the Midway-Bannister project, said Chief Internal Auditor Tom Kaiser to the Board of Directors.
4 - Brawley resident Rusty Jordan told the board he sees no reason Director Anthony Sanchez should be recalled. “I may disagree with him, but elections are where those things should be solved.” Recalls should be used for something like bribes or dishonesty by an elected official, Jordan said.
5 - Directors commended IID staff on the centennial celebration last week.
Staff Writer Elizabeth Varin can be reached at evarin@ivpressonline.com or 760-337-3441.
The Imperial Irrigation District Board of Directors postponed a decision on whether to hire New Mexico water attorney Charles DuMars while district staff works to define the duties and potential conflicts of interest.
DuMars has a focus on water and environmental law, interstate compact negotiations, constitutional law and complex litigation matters. He was brought into the mix after he filed an amicus brief in the appealed Quantification Settlement Agreement on behalf of Citizens for a Reliable Water Supply, a group of Imperial Valley citizens who say the QSA will cause environmental concerns that local residents will have to pay for.
The QSA is a set of agreements to transfer IID entitlement water to Southern California water districts. It was invalidated by a Sacramento Superior Court judge in 2010, but the ruling is under appeal.
The agreement can’t continue to be dragged out, said board Vice President John Pierre Menvielle. The IID needs to bring in DuMars as soon as possible to help create a Plan B and deal with issues that the board “has heartburn with.”
“I believe we need a second set of eyes or a fresh look,” Menvielle said.
While the item had originally been scheduled to be voted on Tuesday, Director Jim Hanks had asked for it to be an informational item only. Hanks asked for a resolution that spelled out the board as a client and defined the scope of DuMars’ potential work.
Hanks had previously been supportive of the move to bring in an independent assessment of where the case stands. On Tuesday, he brought up a resolution the board had passed last year saying the IID would pursue any avenues available to come to a solution on the QSA.
Not all on the board was in favor of the idea.
Board President Stella Mendoza said that instead of spending hundreds of thousands of dollars on another lawyer, she would rather use that money on projects like water maintenance. She added that she didn’t think DuMars would bring anything new to the table.
DuMars has a conflict of interest as well, she said. He has worked for another group involved in the QSA appeal.
There are two issues that have to be resolved before DuMars can be hired, said General Counsel Jeff Garber. DuMars currently represents Citizens for a Reliable Water Supply, which filed an amicus brief in the appellate case. DuMars also doesn’t appear to be able to practice law in California as he isn’t a member of the state bar association.
Garber asked the board for time to find out whether there were solutions to the two issues.
Members of the public also weighed in on the potential hiring.
Brawley resident Rusty Jordan said he thinks it’s a good idea to bring in someone for a second opinion. While there may be conflicts because of DuMars’ previous work with the other group, DuMars knows the issues. The district wouldn’t have to pay him to learn what is going on with the case.
The issue is tentatively scheduled to come back to the board at its Aug. 9 meeting.
Meeting glance
Here are five things that came out of Tuesday’s IID Board of Directors meeting:
1 - The board approved a major work authorization for a $792,000, 1,800-foot distribution line rebuild in El Centro that was initially presented at last week’s meeting.
2 - The energy department is preparing a major work authorization for a system operation center redundancy office in La Quinta, said energy department Manager David Kolk in response to questions from Director Matt Dessert.
3 - The district’s internal audit department is working on audits of the power trading, solicitation and bidding, and the Midway-Bannister project, said Chief Internal Auditor Tom Kaiser to the Board of Directors.
4 - Brawley resident Rusty Jordan told the board he sees no reason Director Anthony Sanchez should be recalled. “I may disagree with him, but elections are where those things should be solved.” Recalls should be used for something like bribes or dishonesty by an elected official, Jordan said.
5 - Directors commended IID staff on the centennial celebration last week.
Staff Writer Elizabeth Varin can be reached at evarin@ivpressonline.com or 760-337-3441.
