Oroville >> Residents forced to flee their homes and drop work in February because of the Oroville Dam emergency should file a claim with the state government soon in order to have a chance at getting reimbursed.

Residents can file up to Aug. 11, six months from the declaration of a state emergency when more than 188,000 downstream residents were forced to evacuate for fear of spillway collapse Feb. 12. The form can be completed online or mailed in.

There is a $25 processing fee, though residents who are incarcerated, have a monthly income lower than the poverty line, or are receiving federal assistance such as food stamps or supplemental security income may apply for a fee waiver. The form also states the filing fee will likely be waived if the claim is accepted.

How to file

The form for making a claim against the state can be found on the state Department of General Services website, at dgs.ca.gov/orim/Programs/GovernmentClaims.aspx. In this instance, residents may be eligible to receive money to compensate for travel expenses, damage to property, and loss of salary or benefits.

There are two pages to fill out. Residents must provide the dates they have been affected by the incident, which could be open to interpretation. There is the option of writing “ongoing.” They must also write in the name of the agency they think is responsible for the damage and why they find that organization to be liable. “The State of California” is not sufficient, as is laid out in the instructions.

A dollar amount must be stated, with an explanation of how the resident arrived at that amount. For example, gas money to Sacramento and a hotel room for two nights is a quantifiable loss. Copies of relevant receipts should be included.

City seeking covered costs

Meanwhile, the city of Oroville is preparing a claim of its own, as are several neighboring communities.

City Attorney Scott Huber said the council plans to file within the next two weeks. While he couldn’t go into much detail because of closed session confidentiality, he said the city is looking into reimbursements for things like overtime hours and the impact of construction trucks going to and from the dam on city roads. One of the access routes was the newly built roundabout on the corner of Nelson Avenue and Table Mountain Boulevard which was not open to the public yet.

It may seem strange, but Huber does not expect the state to accept the city’s claim.

“The fact they would reject the claim does not mean it’s not legitimate,” he said. “They will want to litigate it or have some control, negotiate the amount.”

In order to accept the claim, the state would need to reimburse the full amount of losses the city outlined.

The lawyer was also doubtful the city would see any money from the Federal Emergency Management Agency.

“This was a man-made disaster, not a natural disaster,” he said.

Part of the reason for filing a claim is it leaves the door open for pursuing legal action against DWR. The city cannot pursue litigation until at least 30 days after filing, and then have six months to file suit. Officials with the agency know the city is considering that option if they can’t reach a settlement, Huber said.

“To protect the city’s position, we are going to file a claim,” he said.

Reach reporter Risa Johnson at 896-7763.