Ex-Official Tried to Stop Basin Project (051206 Daily Bulletin) Colonies Trial Continues...

This fight has been going on and on and on, I am happy that they might be comeing to some type of and understanding about it, however. The land and the spillway need to be finished, as to accomidate a great deal of water this next rainy season. Buck

Ex-official tried to stop basin project
Colonies trial continues
By Edward Barrera, Staff Writer

SAN BERNARDINO - Despite encouraging a quicker pace for construction of the Colonies water basin in northeast Upland in fall 2002, a county official attempted to stop construction on the project a year later, according to court documents.

On day nine of the court battle between Colonies Partners L.P. and San Bernardino County, meeting minutes revealed that Ken Miller, then-director of the county’s Public Works Department, suggested to Upland officials that construction of a 61-acre basin be moved forward a year and started in October 2003. Upland officials backed the decision over concerns for flooding during the upcoming winter.

The county and Colonies are fighting over responsibility of 67 acres of land used for flood control on the developers’ 434-acre property.

According to documents, Miller testified Wednesday that he submitted a sworn declaration to a state appellate court shortly after construction commenced in 2003 seeking to stop it. Miller wrote at the time that further destruction of the original basin would end the county’s right of appeal.

The Colonies had filed a lawsuit against the county in 2002 relating to the county’s property rights on the development and won in 2003. The county then appealed the decision.

A state appellate court later reversed the lower court, saying that the county had not abandoned its limited rights on the Colonies property. It said the land used for the present flood control facilities may now be more than the county is allowed. It then sent the case back to the lower courts.

In the current trial, Superior Court Judge Christopher Warner will decide the extent of the county’s land rights as well as if the basin is within those rights. A related lawsuit asking for damages could cost the county upward of $200 million if the county loses.

At the same 2002 meeting, according to the minutes, Miller said that he would recommend to the Board of Supervisors that the county operate and maintain the flood control facilities. He never made that recommendation to the supervisors.

Wednesday, Miller said he didn’t because it ‘‘never got to that point.’’

Colonies lawyer Richard Ruben also questioned Miller about a letter sent by Jeff Burum, Colonies co-managing partner, to the county. Burum states that a 1939 easement, which granted the limited rights the county had on the property, outlined several conditions that the county had to abide by concerning use of the Colonies land.

According to the easement, the county needed the approval of the current owner to do any work on the property. It also had to pay for the work as well as keep it in first-class condition.

Wednesday, Miller said the county didn’t need approval by developers or to pay for the facilities. Miller said the county only has to pay for facilities it builds.

The Colonies built the basin to withstand a 25-year storm – rainfall equal to the worst storm in a 25-year period – following decisions by the county.

Burum is expected to take the stand today. The trial is estimated to last another week.

Edward Barrera can be reached by e-mail at edward.barrera@dailybulletin.com or by phone at (909) 483-9356.