Suit suggested as solution to flooding

By Jim Maniaci
Cibola County Bureau

GRANTS — One method of solving Grant's long-time flooding problem might be a citizens' class action lawsuit against both the city government and the U.S. Army Corps of Engineers.

Another possible solution which might take at least three years would be to win the city's upcoming Community Development Block Grant, a long-time federal subsidy.

Both options were mentioned during Thursday night's San Jose Drain Committee meeting in the City Hall Council Chamber with members Jonnie Head, Milton Head and Jean Devine present. Members Chuck Corwin and Ralph McQueary were absent.

Milton Head, as he did last month in a report to the Board of Cibola County Commissioners, blamed both the city and Corps for the muddy messes which have become a more than annual event.

Mr. Head said the causes are "improper design by the Corps of Engineers and improper construction by the city." He explained the city refused to lower the sewer lines to allow a natural and proper drainage for the river and the federal engineers did not design the waterway correctly to begin with.

"Maybe we need a class action lawsuit," he concluded.

At the panel's Aug. 3 meeting, Max Tenorio of the Burlington Northern Santa Fe said the railroad is ready to help with the drainage problem any way it can. Head said Thursday night the railroad designed its San Jose crossing to be almost 14 feet deep and 70 feet wide. In Grants, the city-Corps project is 30 feet wide and eight feet deep - and this includes a 4-ft. high bank.

Head said before the supposed improvements, water drained into the river. Now the banks prevent that natural drainage, he said.

He also blamed the Grants-Cibola County School District and every past city government administration as being major contributors to flooding. What is ironic, he indicated, is that when the right kind of rain comes it will pour four feet of muddy water into Mesa View Elementary School.

Talking about all the earth moved to build what is now Grants High School, Devine asked, "If the high school built this and it causes problems, why aren't they liable?"

John Rhoderick, the city's de facto public works director, said the city does control private property construction, but when it comes to other government agencies, "it gets dicey."

Jonnie Head said she had just sent Gov. Bill Richardson a letter reminding him of his promise in a visit last fall after the August 2005 flash floods blanketed the city to help Grants get a badly-needed long-arm excavator. City Councilor Modey Hicks even told the governor he'd cut his prized long locks of hair if Richardson would help fund the specialized machine.

Rhoderick commented to Mrs. Head, "That's the reality of how you get things done."

He also urged the panel, which is being assisted by Michelle Staley in researching federal and state grants, to make a formal request at Monday's 5 p.m. Community Development Block Grant hearing in the City Hall Council Chamber.

"The mayor has directed us to look at this (project) real hard," Rhoderick said. He also explained it took three years to complete the qualification for the CDBG which paid for most of the Mountain Road sewer-water line project.

The federal funds require the applicant to help only poverty-stricken or blighted areas and require extensive door-to-door documentation, he said.

But time is short, he added, with the applications due to be submitted in January.

Rhoderick also pointed out, as he has many times in the past 13 months, the Federal Emergency Management Agency only pays governments to restore damaged roads and facilities to their pre-flood state. And FEMA does not pay to fix damage to private property.

Devine commented, "What good does it do to put it back and not fix it?"

In August, she also had written to the governor reminding him of his promise to help the city get the excavator to clean the Rio San Jose channel, which is chock full of vegetation, reducing the volume of water it can handle during the monsoon-like torrential rains.

After last year's disaster, the city council appointed a 5-member committee, including out-of-city members, to see what could be done to fix the flooding problem.

Jonnie Head has applied for reappointment. Milton Head and Devine have more time left in their terms. It was indicated that either Corwin or McQueary will not be back. The mayor's appointments are due to be ratified or rejected by the council at its Sept. 26 meeting. Applications are available in the City Hall lobby.

To contact reporter Jim Maniaci in Grants, telephone 285-6184 or (505) 870-7775 (cellular).