B-142205, MAR. 24, 1960

B-142205, MAR. 24, 1960

TO MR. OLE LIEN:

YOUR LETTER OF FEBRUARY 8, 1960, REQUESTS REVIEW OF OUR SETTLEMENT OF JANUARY 28, 1960, WHICH DISALLOWED YOUR CLAIM OF $85,283.30 FOR DAMAGES ALLEGEDLY SUSTAINED BY YOUR CROPS, AND WHICH RESTATED YOUR INDEBTEDNESS TO THE GOVERNMENT IN THE AMOUNT OF $681.84, FOR WATER SERVICES FURNISHED YOU BY THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, KLAMATH IRRIGATION PROJECT.

YOU SAY THAT THE WATER WHICH WAS FURNISHED FOR IRRIGATION PURPOSES WAS CHEMICALLY CONTAMINATED AND RESULTED IN DAMAGE TO YOUR CROPS.

THE BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF THE INTERIOR IN A LETTER TO US STATES THAT THERE EXISTS NO EVIDENCE OF CROP DAMAGE FROM CHEMICALS ON THE KLAMATH PROJECT, AND THAT THERE WAS NO EVIDENCE TO SUBSTANTIATE YOUR STATEMENT CONCERNING CHEMICAL DAMAGE TO YOUR CROPS.

THE RULE IS WELL-ESTABLISHED AND LONG FOLLOWED BY GOVERNMENT ACCOUNTING OFFICERS THAT IN THE EVENT OF A DISAGREEMENT BETWEEN THE FACTS AS STATED BY A CLAIMANT AND THOSE AS REPORTED BY THE ADMINISTRATIVE OFFICE CONCERNED, THE ADMINISTRATIVE REPORT MUST BE ACCEPTED AS CONTROLLING IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF OFFICIAL RECORDS.

MOREOVER, THE ACCOUNTING OFFICERS ARE NOT IN A POSITION TO DETERMINE WHETHER OR NOT THE WATER WAS CONTAMINATED OR IF CONTAMINATED, THE EXTENT OF ANY DAMAGE RESULTING THEREFROM. IT GENERALLY IS IMPRACTICABLE FOR THE ACCOUNTING OFFICERS TO DETERMINE WITH ACCURACY THE TRUE MERITS OF SUCH CLAIMS FOR UNLIQUIDATED DAMAGES, SINCE TO DO SO WOULD REQUIRE THE TAKING OF SWORN TESTIMONY, THE CROSS-EXAMINATION OF WITNESSES, ETC., WHICH ARE NOT PROPER FUNCTIONS OF THIS OFFICE. IN VIEW THEREOF, AND SINCE THE CASES HERE ARE SETTLED ONLY ON THE BASIS OF THE WRITTEN RECORD, CLAIMS FOR UNLIQUIDATED DAMAGES SUCH AS THE CLAIM HERE INVOLVED, MUST BE LEFT FOR DETERMINATION BY THE COURTS IN THE ABSENCE OF DOCUMENTARY EVIDENCE ESTABLISHING BEYOND ANY REASONABLE DOUBT THE AMOUNT OF ACTUAL DAMAGES SUFFERED.

THE CARD DATED FEBRUARY 19, 1960, REFERRED TO IN YOUR LETTER OF MARCH 5, WAS MERELY AN ACKNOWLEDGEMENT OF OUR RECEIPT OF YOUR LETTER FEBRUARY 8, 1960, AND IN NO WAY CONSTITUTES AN ALLOWANCE OF YOUR CLAIM. BECAUSE OF THE VOLUME OF CLAIMS RECEIVED HERE, THE METHOD OF NUMBERING EACH CLAIM HAS BEEN DEVISED IN ORDER TO HANDLE CLAIMS MORE EXPEDITIOUSLY.

IN VIEW OF THE FOREGOING WE ARE REQUIRED, UPON REVIEW, TO SUSTAIN OUR SETTLEMENT OF JANUARY 28, 1960, WHICH DISALLOWED YOUR CLAIM AND HELD YOU INDEBTED TO THE GOVERNMENT IN THE AMOUNT OF $681.84.

IT IS AGAIN REQUESTED THAT YOU PROMPTLY REMIT TO THIS OFFICE THE AMOUNT OF YOUR INDEBTEDNESS AS STATED IN OUR SETTLEMENT OF JANUARY 28, 1960 ($681.84), OR THAT YOU MAKE A PROMPT INITIAL PAYMENT, TOGETHER WITH A DEFINITE PLAN FOR PAYMENT OF THE BALANCE WITHIN A REASONABLE TIME. CHECKS OR MONEY ORDERS SHOULD BE DRAWN TO THE ORDER OF THE "U.S. GENERAL ACCOUNTING OFFICE" AND MAILED TO THE DEBT SECTION, CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, 441 G STREET, N.W., WASHINGTON 25, D.C. ..END :