Roosevelt Irrigation District Files $40 Million Lawsuit Against Suspected West Valley Groundwater Polluters
PHOENIX, ARIZONA July 23, 2010— Officials at the Roosevelt Irrigation District (RID) today confirmed the filing in federal district court of a lawsuit against a number of Potentially Responsible Parties (PRPs), identified as possible contributors to groundwater pollution in the West Valley. The named Defendants were identified as potential sources of contamination based on state and federal records and reports that document the release of toxic chemicals at the facilities owned or operated by the named Defendants.
Roosevelt Irrigation District vs Salt River Project is a civil action brought against the PRPs, under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980; more commonly referenced as Superfund. The suit seeks recovery of past and future costs incurred by RID in responding to the Defendants’ release or threatened release of toxic substances that have impacted, or threaten to impact, wells owned and operated by RID. The suit also includes other claims under state law for environmental nuisance and trespass.
RID is represented in this action by the Phoenix law firm, Gallagher & Kennedy. According to David Kimball of Gallagher & Kennedy, “RID had no alternative but to file the lawsuit because many of these parties have resisted multiple invitations to voluntarily come forward and do the right thing.”
The impacted and threatened RID wells are located in what the Arizona Department of Environmental Quality (ADEQ) refers to as the West Van Buren Area (WVBA) Water Quality Assurance Revolving Fund (WQARF) Site. WQARF is the State’s version of Superfund. The WVBA WQARF Site has been under study by ADEQ since 1987. According to ADEQ, groundwater contamination from the Motorola 52nd Street Federal Superfund Site and the West Central Phoenix (WCP) WQARF Site also is contributing to the groundwater contamination in the WVBA WQARF Site, generating one of the largest plumes of contaminated groundwater in the United States. The WVBA Site is bordered by McDowell Road on the North, Buckeye and Lower Buckeye Roads on the South, 7th Avenue on the East and beyond 79th Avenue on the West.
RID was formed in 1927 to serve customers in the West Metropolitan Phoenix area. RID uses 50 miles of main canals and 185 miles of lateral canals to deliver water for beneficial use. “We have been waiting a long time to see this situation set right,” explained RID Superintendent Stan Ashby. “Water is a precious natural resource. We all need to take our stewardship duties very seriously.”
As part of its efforts to promote responsible groundwater stewardship, RID is leading a cooperative effort to address the groundwater contamination called the West Valley Groundwater Cleanup Coalition.