Claims filed with the state after the spillway crisis
AGENDA 21 RADIO
BY PAUL PRESTON
Update August 5, 2017 9:00 pm pst
Walnuts, horses and haircuts – these people say the state’s handling of the Oroville Dam crisis cost them millions
The Oroville Mercury Register is reporting there are only a handful claims relating to the Oroville Dam Spillways disaster. According to Risa Johnson told Agenda 21 Radio in an interview July 29, 2017. Johnson noted residents who feel they were harmed have until August 11, 2017 to file a claim. Resident who are considering a law suit at a later date must according to California law file a claim within the 6 month time frame prescribed by the state.
Residents have until Aug. 11, six months from the declaration of a state emergency, to file in order to be eligible to receive compensation for their losses from the government. The form can be completed online or mailed in and costs $25 to process. Several affected cities and counties have also filed claims of their own, including the city of Oroville, which asked for about $1 million.
Residents forced to flee their homes and drop work in February because of the Oroville Dam emergency should file a claim with the state government soon in order to have a chance at getting reimbursed.
Residents can file up to Aug. 11, six months from the declaration of a state emergency when more than 188,000 downstream residents were forced to evacuate for fear of spillway collapse Feb. 12. The form can be completed online or mailed in.
There is a $25 processing fee, though residents who are incarcerated, have a monthly income lower than the poverty line, or are receiving federal assistance such as food stamps or supplemental security income may apply for a fee waiver. The form also states the filing fee will likely be waived if the claim is accepted.
HOW TO FILE
The form for making a claim against the state can be found on the state Department of General Services website, at dgs.ca.gov/orim/Programs/GovernmentClaims.aspx. In this instance, residents may be eligible to receive money to compensate for travel expenses, damage to property, and loss of salary or benefits.
There are two pages to fill out. Residents must provide the dates they have been affected by the incident, which could be open to interpretation. There is the option of writing “ongoing.” They must also write in the name of the agency they think is responsible for the damage and why they find that organization to be liable. “The State of California” is not sufficient, as is laid out in the instructions.
Entire Story Follows
Oroville >> The state Department of General Services reports 10 residents have filed claims for compensation related to the Lake Oroville spillway crisis.
At least 188,000 were impacted. That’s the number of residents downstream of the dam who were ordered to evacuate Feb. 12 for fear of extreme flooding, should the emergency spillway fail.
At this point, the claims by individuals and companies total $534,070.
Residents have until Aug. 11, six months from the declaration of a state emergency, to file in order to be eligible to receive compensation for their losses from the government. The form can be completed online or mailed in and costs $25 to process. Several affected cities and counties have also filed claims of their own, including the city of Oroville, which asked for about $1 million.
This newspaper obtained copies of the claims by businesses and individuals that have been filed so far. Those claims are included with the online version of this article. Personal information was redacted by the state.
Residents have asked for $4,000 to $200,000 in compensation. Alleged damages range from an inmate forced to hold his bladder and go without drinking water for 12 hours to businesses losing out on sales and being subjected to flooding.
CLAIM 1
Claimant: Justis Eisenhour.
Total amount: $75,000.
Filed against: DWR and Gov. Jerry Brown.
Incident date: Feb. 10 to present.
Damage: Clients no longer willing to travel to Oroville.
Filed against: DWR and Gov. Jerry Brown.
Damage: “As a direct result of the spillway, dam and evacuations of Oroville, CA and the fact that the structural integrity of the spillway and dam have been compromised due to continuous neglect of the structure not being repaired, I have unfortunately lost my business,” Eisenhour wrote. “The calculations are from the complete loss of my business, relocation, pain and suffering and emotional distress.”
Note: The applicant attributed the neglect to Gov. Jerry Brown not using water bond money to repair the infrastructure but none of that money could, in fact, be allocated for state water projects. The State Water Contractors have previously acknowledged they are on the hook for repairs at the dam.
CLAIM 2
Claimant: David Masarik.
Total amount: $6,741; receipt shows net cost for new parts and labor.
Filed against: DWR.
Incident date: March 5.
Calculated amount of claim: by car dealer estimate.
Damage: from trucks hauling rocks to Oroville Dam.
CLAIM 3
Claimant: Yocum Marcus.
Total amount: “$25,000+ but will settle for $20,000 out of court for now.”
Filed against: “Butte County Jail and or Department of Water Resources.”
Incident date: Feb. 12.
Damage: Marcus alleges he was locked inside a van with about 14 other men for 12 hours with no water, forced to urinate in a bucket and subjected to verbal abuse during a transfer from the Butte County Jail to the Santa Rita Jail during the evacuations.
CLAIM 4
Claimant: Carole Oren.
Total amount: $9,000.
Filed against: DWR.
Damage: “for placing my life in danger and (forcing) me out of my business.”
CLAIM 5
Claimant: Soul Healing Horses, represented by Shannon Paige, owner.
Total amount: $4,000.
Filed against: DWR, the state.
Incident date: February 2017.
Calculated amount of claim: determining average income for months of February and March.
Damage: “1. Clients could not get here due to Oroville evacuation. 2. Clients could not access property easily, thought road was closed due to road closed signs. 3. Stress to animals due to day and night semi trucks and then road pavement equipment.”
CLAIM 6
Claimant: Kim Cantrell.
Total amount: $14,329.
Filed against: DWR.
Incident date: Feb. 7-28.
Calculated amount of claim: costs for horse boarding, transportation, damage to 20-acre alfalfa field.
Damage: 28 horses evacuated, ditches overflowed because of high releases, 50 percent of field damaged because of standing water.
CLAIM 7
Claimant: Cynthia Hale.
Total amount: none listed; Applicant wrote “Normal (relief) amount is sufficient.”
Filed against: Butte County, the state.
Incident date: Feb. 12.
CLAIM 8
Claimant: Nicholas Hale.
Total amount: none listed; Applicant wrote “normal relief amount.”
Filed against: Butte County, the state.
Incident date: Feb. 12.
Damage: “disabled,” “for pain and suffering, gas, food.”
CLAIM 9
Claimant: Direct Surplus Sales Inc., represented by Walter Seidenglanz, corporate president.
Total amount: $200,000+.
Filed against: DWR, state, “related state agencies.”
Incident date: “Feb. 13 and after.”
Calculated amount of claim: compared decreased sales in February and March to those in 2016.
Damage: sales lost, extra labor hours prepping for flood, products damaged from flooding, repairs needed, “loss of goodwill.”
“The incident, the evacuation order and uncertainty created fear in people that caused them to avoid coming to or doing business in the Oroville area,” Seidenglanz wrote.
CLAIM 10
Claimant: S&S Property Investment Group, LP, represented by Steven Seidenglanz, managing partner.
Total amount: $200,000+.
Filed against: “DWR, State Water Contractors, etc.”
Incident date: Feb. 13-14.
Damage: loss in business, flooding around property, “loss of insurance; future raises in insurance premiums.”
