Early round goes against Calistoga in water dispute

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Friday, August 07, 2009

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By JOHN WATERS Jr.
For the Register

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Napa County Superior Court Judge Ray Guadagni has ruled against the city of Calistoga in the early phase of a case claiming the city has improperly distributed water from Kimball Creek and reservoir.

Guadagni rejected the city’s request that the lawsuit be thrown out because it was brought too late. Instead, he said the case filed by a San Diego man on behalf of a descendant of Calistoga pioneer Alfred Tubbs could proceed.

San Diego resident Grant Reynolds asserts that Calistoga is in violation of a 1939 agreement with a Tubbs relative and is out of compliance with state water regulations because it does not maintain high enough flows on Kimball Creek and has sold water to entities outside the city limits, including Rombauer Vineyards.

The city denies wrongdoing and says it is in compliance with state water laws.

On July 30, Guadagni indicated he would side with the city and throw out the case, but then decided to consider matters further. The following day, he issued a ruling allowing Reynolds’ case to continue.

The decision does not mean that the court agrees with Reynolds’ claims, but instead means Calistoga needs to provide evidence defending its policies.

“I believe the judge’s decision to overrule the city’s demurrer is a great decision, but now the real work begins,” Reynolds said.

Reynolds purchased the right to collect any damages in the case from Debbie O’Gorman, the last living descendant of Alfred Tubbs, whose family owned the rights to water above Kimball Reservoir at the time of the 1939 agreement.

Calistoga City Manager Jim McCann is on vacation this week and could not be reached for comment.

1 comment(s)

agape4all wrote on Aug 20, 2009 12:11 PM:

" It is about time someone has made Calistoga pay for the water they have been taking from the Tubbs family...I know Debbie and have tried to help for many years in going after Calistoga. It is a crime to see all the years they have taken advantage of the water. They have made Debbie pay for water when rightfully it is hers. I use to live in Calistoga and feel the government has always been corroupt from the top down! I am so glad the judge granted this decision to let Mr. Reynolds the right to take this to court.
I have seen the papers that were signed so many years ago and they (Calistoga) should be made to honor and be accountable for the contract they signed and pay Debbie back for all the years she has been made to pay for her water! Plus money paid to the city by residents who purchased the water. I feel the residents have been lied to about where the water really comes from and they should stand behind Debbie with complete support and thanks. Government has taken too much of our God given rights & property thinking they deserve, and the right to take it at no matter what cost. "

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