Amador County – A U.S. Court of Appeals Judge in the District of Columbia ruled Friday that the District Court must make a decision on whether the Buena Vista Band of Me-Wuk Indians really has “Indian Land” on which they plan to place a gambling casino.

Amador County argued that the Buena Vista Rancheria’s compact with the state of California received a “no action” approval by U.S. Secretary of the Interior Kenneth Salazar, but that it must also be consistent with the provisions of the Indian Gaming Regulatory Act, relative to the tribe’s land qualifying as “Indian land.” The District Court had ruled that the “no action” approval of the Secretary of the Interior also approved the land as properly qualified. Amador County argued that the land was not “Indian land” because it was not used as a reservation.

Jude David S. Tatel, writing an opinion of the three-judge panel’s decision issued Friday, May 6, said that “although the District Court rejected the Secretary’s argument that Amador County lacked standing, it dismissed the suit, finding the Secretary’s inaction unreviewable under several provisions of the Administrative Procedure Act.” Amador County appealed. Tatel said: “We agree with the District Court that the County has standing, but because we conclude that the Secretary’s inaction is in fact reviewable, we reverse and remand for the District Court to consider the merits in the first instance.”

Dennis J. Whittlesey argued the appeal for Amador County, which argued that the Buena Vista Me-Wuks’ land was not a reservation because Amador County taxes the property.

Tatel said the “parties agree both that the sole question at issue is whether the Rancheria qualifies as ‘Indian land’ and that if it does, the Secretary had authority to approve the compact.” He said the Indian Gaming Regulatory Act defines “Indian land” as “all lands within the limits of any Indian reservation” and land held in U.S. trust or land “over which an Indian tribe exercises governmental power.” Tatel noted that the land is “owned in fee by the Tribe rather than held in trust by the United States,” and “it appears that the land can qualify as ‘Indian land’ only if it is an ‘Indian Reservation’.”

The Secretary argued that Amador County agreed in a 1987 case, Amador v. Hardwick, that Rancheria lands “were never, and are not now, lawfully terminated under the California Rancheria Act” and that the “original boundaries” of Rancherias were restored.” Amador County “contends that these sweeping provisions” must be “interpreted in light of the issue being litigated,” that being the “County’s ability to assess property taxes on the former Rancheria lands.”

The decision, “at the parties request,” remands “to give the District Court an opportunity to assess the merits in the first instance.”

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Amador County – The Amador Water Agency discussed recent informational meetings about the Gravity Supply Line last week, and took criticism, while some of the opponents explained why they were getting involved.

Sherry Curtis said she heard comments from people asking “why are they doing this? Why are they not being concerned about their own district?” She said non-Upcountry residents seemed to be using the meetings to communicate their own information and “influence the people up there.” Curtis said: “What are they concerned about? They don’t pay our rate. What standing do you really have?”

Ken Berry said he only visited a few homes in the Prop 218 drive, but 95 percent of them signed the petition when they found out he was trying to stop the rate increase. Director Paul Molinelli Senior said “95 percent of the people voted against the 218 rate increase, but that does not mean they are against the Gravity Supply Line.”

Curtis said they “interjected confusion,” when AWA should be giving out information about the project. Berry said he attended the meetings because “this is America, the land of the free and I have the right to go anywhere.” He said the Central Amador Water Project owes money to the Amador Water System, and “instead of paying back the money you owe, you are going into debt on a new project.”

Debbie Dunn said the GSL “will affect my life,” by affecting the value of her homes in Pine Acres and on Mount Zion Road. Dunn said Mancebo and Supervisor Ted Novelli had spoken in support of consolidation. She said, “well, you’ve just reeled in all of the Amador Water System.”

Director Paul Molinelli said as a Jackson resident, it does rankle him when a non-resident speaks at the City Council meeting. Thornton Consolo of Jackson said there was a “certain amount of apathy at these meetings,” and people don’t understand how the cost affects other districts.

AWA Board President Don Cooper said the agency is evaluating the concepts of consolidation, or forming an assessment district, and “all of us need to get a little more creative to meet the customers’ needs.”

Debbie Dunn said the GSL was “a water supply for 7,000 more houses to be built,” and the coffee shop meetings were “not about gravity and not about education,” it’s “all about the bad economy and saddling a huge debt on a small group of people.” Dunn said they should get “unanimous agreement from those wholesalers to take on this debt,” or a “ballot with all 3,500 ratepayers.”

Dunn criticized an early survey sample that showed 80 percent support of the GSL. Cooper said it was a small sample, and more surveys showed about 65 percent support.

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Amador County – The Amador Water Agency board of directors last week gave a debriefing of recent Gravity Supply Line committee meetings in the Upcountry.

President Don Cooper said he appreciated attendees, which included members of a group that spearheaded a Proposition 218 protest of a rate increase last year in the Central Amador Water Project service area. He said people “were telling us the same things,” that they don’t want to pay more. But they also were concerned with improving safety and system reliability.

Preliminary surveys showed 35 people supported the GSL, and 19 did not, Cooper said. “Customers don’t want a rate increase,” but the agency continually needs to educate them that costs continue to rise, and the state is not backing up on its requirements. He said “we need a rate increase to reflect inflationary costs,” and “if we don’t it’s going to get very ugly for this agency.”

Director Robert Manassero said there was a lot of negativity at the beginning, but it eased up as meetings progressed. “The average guy does not care about where water comes from,” he said. “Average people don’t want to pay more for anything, whether it’s insurance or gasoline or water.”

Manassero said CAWP, with old 1960s and 1970s infrastructure and small pipes, could benefit from a couple of fast connectors along the pipeline, where fire fighter water tenders can be filled. He said: “I think all of us need to pay toward the future of the county, and maybe for that system, the future will be next week.” He thanked GSL opponents for attending, and said “your opinion is like any other in America. It’s different from mine, but I’ll listen to it.”

Director Gary Thomas said the GSL is needed and they need to pay for it. Director Paul Molinelli agreed, saying “it is still a good project.”

In public comment, Sherry Curtis said she liked to hear all sides to an issue, but the group that spearheaded the Proposition 218 protest attended and seemed to ask questions that confused the issue, especially at the Mace Meadow meeting. She said they seemed to be trying to “influence the people up there.”

Ken Berry said he thought he was helping by speaking up during the Mace Meadow meeting. He said: “I didn’t exactly speak in favor of the Gravity Supply Line,” but “I thought I filled in information.”

Berry said “everybody in the world believes the GSL is a good idea,” but paying for it is the problem. Bill Condrashoff disagreed, saying not everybody agrees with the gravity feed being a good idea and just needing funding. He said “it’s about making it cost-effective.”

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Amador County – The Amador Water Agency this morning (Friday, May 6th) approved a draft employee reorganization plan that would lay off three employees, restructure management and cut between up to $500,000 from the budget.

The draft plan was approved, with another meeting set for 9 a.m. Friday, May 13th to consider final approval. The board also set its ad hoc reorganization committee to consider public and employee comments about the reorganization, and set a time limit by which comments must be submitted. Comments must be submitted by close of business Monday, May 9th.

The board also changed the makeup of the ad hoc reorganization committee, because Director Robert Manassero will be out of town next week. Director Paul Molinelli took Manassero’s position on the ad hoc committee, with Board President Don Cooper, and the two will consider all comments before the Friday meeting.

AWA General Manager Gene Mancebo introduced the reorganization plan, saying the “economic depression is continuing to affect the agency,” and fiscal impacts have led staff to identify that $750,000 has to be made up in the coming budget year. The agency could cut and slash everything in the budget, or do a combination of reorganization with elimination of three total positions, and reassignment of duties, he said. The plan included eliminating department heads, installing an office manager and reassigning duties, such as information technology, to either other employees, or contracters. Mancebo said the agency would also have to consider cutting employee concessions, and trying to increase revenue. He said benefits from the cuts may not fully be seen for two or three years.

In public comment, Finance Manager Mike Lee said with this reduction, the agency would have made a 30% reduction in staff, and cut “well over $1 million dollars in staff.” Lee said “more than half of the AWA customers have not seen a rate increase in more than five years.”

Lee said “our organizational structure is sound,” and was reorganized three years ago, though only half the cuts had been made. He said if department heads and the General Manager cannot do the correct reorganization, then an outside consultant cannot do it.

Lee said the “AWA needs a finance manger,” even if it was not him, and “the last thing this agency needs is an office manager.” He called the position “comical,” and said the “financial side is going to be put into chaos.”

Directors noted that Proposition 218 protests had stopped rate increases in the last few years at La Mel Heights, Camanche, and Central Amador Water Project service areas. They voted 4-0 to approve the draft plan, to be considered for final approval next Friday.

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