Immediate Vault

Oroville Dam Flood Claims Filed

Concrete continues to be placed on the lower chute of the Lake Oroville flood control spillway in Butte County, California. Photo taken Aug. 7, 2017, by Dale Kolke/California Department of Water Resources.

California residents in the path of water spilled from the Oroville dam in February had until Aug. 11, six months after the incident, to file claims.

The Mercury News reported that Butte County farmer George Onyett, manager of J.E.M. Farms and Chandon Ranch, filed a $15 million claim, saying that after the flooding in February, about 25 acres of walnut trees were washed away by the Feather River. He said that 1% to 2% of the trees in his walnut orchard were lost and that his land is now “irrecoverable.”

Because of the near-collapse of the Oroville Dam in northern California, communities as far as 100 miles downstream were at risk of flooding. Problems at the dam began when its main water channel, or sluice, was damaged after a winter season of record rain and snowfall after five years of drought. Torrential rainfall caused water levels to rise so quickly that large amounts of water needed to be released to prevent the dam from rupturing and inundating the communities below.

But when the force of the cascading water created a large crater in the main spillway, use of the emergency spillway was required. This safety backup, however, also nearly failed because the dirt spillway, which had never been fortified by concrete, began to erode, increasing the risk of damage to the dam. In anticipation of a possible disaster, almost 200,000 residents living in the shadow of the dam were temporarily evacuated.

Niall McCarthy, an attorney representing the farm, said the spillway crisis was “entirely avoidable.” He pointed to waived concerns about inadequacies of the emergency spillway raised by nonprofit groups in 2005, as well as recently released reports by UC Berkeley Professor Robert Bea, of mismanagement by the state Department of Water Resources, according to the Mercury News.

“There was a certainty of failure with respect to the Oroville Dam,” McCarthy said. “The state chose to make band-aid repairs. The state failed to do its job. (This was) not caused by natural conditions, (but) by human error.”

State officials have maintained it is unclear whether the fluctuation in water releases from Oroville harmed the river and those who farm along it between the shore and major flood protection levees. They argue that some bank erosion would have occurred this year, regardless, given Northern California’s record rainy season, according to the Sacramento Bee.

A number of other business owners and individuals have also filed claims with the state Department of General Services. The Sacramento Bee reported that there were 11 claims at the beginning of July and that there are now a total of 92 claims filed by residents.

A list released by DGS showed claims totaling $1.17 billion. However, that includes a $1 billion claim filed on behalf of “all affected parties” owning land along Northern California rivers where flows were affected by sudden water releases from Oroville. That claim, filed by a Woodland lawyer named James Nolan, added that actual damage amounts aren’t yet available.

Construction efforts at the Oroville Dam spillways are underway and are focused on repairing and reconstructing the gated flood control spillway, also known as the main spillway, by Nov. 1, according to the California Department of Water Resources.

Long-Awaited Infrastructure Repair Bill Nears Passage

Road work

While short-term patches have been used to shore up our nation’s infrastructure for years, leaving large, long-term projects such as bridge repairs to languish, those issues may be remedied by a bill passed by Congress on Tuesday. The measure approves a long-awaited five-year measure of more than $300 billion to fund highways and mass transit. Known as TEA-21, the bill is expected to win final passage by the House and Senate.

“Right now, 11% of our bridges across the country are rated structurally deficient and another 13% are considered functionally obsolete,” Andrew W. Herrmann, 2012 president of ASCE and principal with Hardesty & Hanover LLP, an infrastructure engineering firm, told Risk Management in February 2014. “This means they were designed to an older standard, so they may not have the same lane widths or turning radius or may have been designed to carry lesser loads.”

Deterioration of the nation’s infrastructure jeopardizes public safety, threatens quality of life, and drains the U.S. economy. “If they have to start closing down, restricting or putting mileage postings on bridges, the economy will be affected,” said Herrmann, who served on the advisory council for the 2003, 2005 and 2013 report cards and chaired the council for the 2009 edition. “Bridges are the most pressing need in the infrastructure overall. You can have all the roads and highways you want, but if you don’t have the bridges to cross the rivers and intersections, it slows everything down.”

In California alone, 58% of roadways require rehabilitation or pavement maintenance, 20% need major maintenance or preventative work and 6% need to be replaced. Traffic volume is also growing 10 times faster than lane miles, the California Transportation Commission reported.

According to the Wall Street Journal, highlights of the bill include:

  • Extending the Highway Trust Fund through Sept. 30, 2020, and allowing for total transportation spending of as much as $305 billion.
  • Renewing the Export-Import Bank through September 2019.
  • Separating the budget for Amtrak’s Northeast Corridor services from the rest of the passenger rail network. This would allow the carrier to invest more in the heavily-traveled lines between Boston and Washington.
  • Preserving a program that allots a share of mass-transit funding for seven high-density Northeast states, including New York and New Jersey. The House had earlier voted to eliminate the set-aside and use the money to fund bus programs whose funding had been slashed in 2012.
  • Providing a total $10.8 billion for freight projects, including establishing a $4.5 billion grant program designed to award money to large-scale freight projects.
  • Providing the largest share of funds to the federal highway-aid program, with authorization to spend $207.4 billion over five years.
  • Providing the next largest share of funding to mass transit projects, at $48.7 billion over five years, an increase over levels approved by the House.