By Maureen O'Connell
ARIZONA DAILY STAR
As the city gears up the reintroduction of Colorado River water, thousands of residents who filed damage claims in the wake of its two-year debut are still seeking compensation.
A class-action lawsuit, which will go to trial before Pima County Superior Court Judge Charles Harrington in September, seeks an estimated $10 million to cover the costs of property damage ranging from busted plumbing to stained walls, carpets and countertops.
In December 1997, when a judge allowed the suit to go forward, City Hall made a "judicial admission," conceding slipshod delivery of the river water, brought to Tucson by way of the 336-mile Central Arizona Project aqueduct. It has not, however, issued any admission about the river water causing extensive property damage.
Barry MacBan, an attorney for about 5,000 claimants in the suit, contends that it should. He likens the city's role in the matter to that of an unexpectedly destructive house guest.
"If someone were to come into your home with your permission, but without your permission they start destroying your property, do you think they should be held responsible? I do," MacBan says.
Tucson Water officials counter that utility customers should be responsible for all personal property on their side of the water meter.
After the city utility's customers began complaining that the switch from ground water had left them with household damage, the utility voluntarily set up a "no-fault" compensation program in August 1993. The city opened a damage claim office and paid out $2 million before the claims process was cut off three years later.
Through that program, the city pursued little or no investigation of claims but set limits on compensation. For example, up to $250 was offered to replace a water heater.
MacBan says many of the property-damage suit's claimants had repair bills that far exceeded the city's caps. He notes that about 85 percent of the claims are tied to pipe damage while most of remainder are for various household staples - water heaters, evaporative coolers, dishwashers and washing machines - and staining caused by river water.
* Contact Maureen O'Connell at 807-7789 or oconnell@azstarnet.com.
Find out more about the CAP at its own Web site.
Tucson Water is the delivery source for CAP water, and more.
Get the view of opponents of adding CAP water to local mains.
