CLIFFORD OTO/The Record



By Dana M. Nichols/Record Staff Writer

LINDEN - San Joaquin County water officials are suing ranch owners northeast of Linden in an attempt to force them to allow engineers to drill test holes and conduct surveys for a proposed reservoir.

It is the first legal salvo in a battle in which county officials are proposing to use their eminent-domain powers to take thousands of acres of ranch land for the reservoir, according to documents filed in San Joaquin County Superior Court.

Not only would filling the proposed Duck Creek Reservoir require diverting water from the Mokelumne River or some other source, but the reservoir site sits atop a 3,040-acre habitat conservation easement owned by the California Department of Fish and Game.

"I think the environmental and the fishing communities will join in fighting any effort to take away that conservation easement," said Bill Jennings, executive director of the California Sportfishing Protection Alliance, which for many years has fought efforts by water agencies to take more water from the Mokelumne and other regional rivers.

San Joaquin County officials say the project - called MORE WATER - is needed to satisfy the county's growing population and to reduce dependence on wells, which are depleting the groundwater supply.

Officials say they want access to conduct surveys to find out if it's the right place. Fourteen of the 16 landowners in the area have granted permission, said Mel Lytle, the county's water resources coordinator.

But not all were supportive. Linden rancher Alberta Lewallen in 1978 sold the 3,040-acre conservation easement on Duck Creek to state Fish and Game, intending to forever protect the grasslands, vernal pools and fairy shrimp. Lewallen died in 2008 at the age of 90.

Lewallen's daughter, Catherine Webster, still owns some property in the area and is named in the county's suit to gain access. Webster declined to discuss her opposition.

In the past month, Webster sold some Duck Creek conservation easement-protected land to Duane Martin, a livestock company owner based in Ione.

Martin said he was unaware that water officials wanted access to the property. "Nobody's approached me about doing anything like that. Nobody's been to my office talking to me about it. So I guess I am neutral right now."

Paul Lundblad, a member of another family named in the suit, did not respond to a phone message seeking comment.

Dan Gifford, a wildlife biologist for Fish and Game, said he's had several meetings with county officials. He also said that state attorneys are monitoring the case but that California law allows public agencies to condemn land even if it is under a conservation easement.

"The short answer is there is no way to prevent it," Gifford said. He added that is also true for many other places, including preserves created under the San Joaquin County Habitat Conservation Plan.

Gifford said that the Duck Creek area is also a likely habitat for the California Tiger Salamander, which the federal government lists as endangered.

Gifford says it appears conservation easements, because they lower a land's market value, may sometimes actually hasten the destruction of the area. "It is almost like setting up a signpost that says 'Cheap land here, come and condemn.' "

Jennings, whose organization has fought many environmental legal battles, said he is skeptical that it will be easy for county officials to justify the eminent-domain condemnation of thousands of acres of ranchland.

"The idea that they are going to proceed on a path towards eminent domain when they don't even have any water to put in a reservoir is fascinating," Jennings said.

Although the county recently lost its bid for a water right on the American River, water officials still seek to divert water from the Mokelumne River.

The suit to force ranchers to allow engineers to conduct studies for the reservoir is due back in court Thursday. According to a timeline on the MORE WATER Project website, construction is to begin in 2015.

Staff Writer Alex Breitler contributed to this story.

Contact reporter Dana M. Nichols at (209) 607-1361 or dnichols@recordnet.com. Visit his blog at recordnet.com/calaverasblog. See this article