B-161173, DEC. 27, 1967

B-161173: Dec 27, 1967

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ALTHOUGH DISCREPANCY IN DATES AS TO WHEN DAMAGE OCCURRED WAS MADE IN GAO SETTLEMENT ACTION. 000 WHICH WAS DENIED BY OUR OFFICE IN CLAIMS SETTLEMENT Z 2338381. WE ARE ADVISED BY THE CORPS OF ENGINEERS THAT YOU ARE CORRECT IN YOUR ASSERTION THAT THE DRILLING ON YOUR PROPERTY TOOK PLACE DURING THE PERIOD JUNE 11-18. THERE ARE DISPUTED QUESTIONS OF FACT. WE HAVE REVIEWED THE MATERIAL SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM AND FIND THAT YOU HAVE SUBMITTED NOTHING TO SERVE AS A BASIS FOR REVERSAL OF OUR PRIOR ACTIONS. OUR PREVIOUS ACTIONS ARE SUSTAINED AND YOUR CLAIM AGAIN DENIED.

B-161173, DEC. 27, 1967

PROPERTY - PRIVATE - DAMAGES DUE TO GOVERNMENT ACTIVITIES DECISION TO CLAIMANT CONCERNING DAMAGES ALLEGEDLY CAUSED BY CONSTRUCTION ACTIVITIES OF CORPS OF ENGINEERS INCIDENT TO DEWORSHAK DAM AND RESERVOIR PROJECT. MATERIAL IN SUPPORT OF CLAIM HAS BEEN REVIEWED AND NOTHING SUPPORTS CHANGE IN DECISION B-161173, APRIL 20, 1967. ALTHOUGH DISCREPANCY IN DATES AS TO WHEN DAMAGE OCCURRED WAS MADE IN GAO SETTLEMENT ACTION, THIS DOES NOT AFFECT MERITS OF CLAIM.

TO MRS. RONALD L. KIRSCH:

ON SEPTEMBER 25, 1967, YOU RESUBMITTED YOUR CLAIM FOR DAMAGES ALLEGEDLY CAUSED BY CONSTRUCTION ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH THE DEWORSHAK DAM AND RESERVOIR PROJECT, IDAHO. YOU PRESENTLY CLAIM DAMAGES IN THE AMOUNT OF $29,222. PREVIOUSLY YOU HAD CLAIMED $30,000 WHICH WAS DENIED BY OUR OFFICE IN CLAIMS SETTLEMENT Z 2338381, DECEMBER 22, 1966, AND DECISION B-161173, APRIL 20, 1967.

WE ARE ADVISED BY THE CORPS OF ENGINEERS THAT YOU ARE CORRECT IN YOUR ASSERTION THAT THE DRILLING ON YOUR PROPERTY TOOK PLACE DURING THE PERIOD JUNE 11-18, 1965, RATHER THAN JUNE 11-15, 1965, AS STATED IN OUR CLAIMS SETTLEMENT OF DECEMBER 22, 1966. HOWEVER, THE CORPS OF ENGINEERS HAS DETERMINED THAT THIS MINOR DISCREPANCY IN DATES HAS NO EFFECT ON THE MERITS OF YOUR CLAIM AND WE AGREE WITH THIS DETERMINATION.

NO PURPOSE WOULD BE SERVED TO RESTATE HERE THE RESPECTIVE POSITION OF YOU AND YOUR HUSBAND AS OPPOSED TO THAT HELD BY THE CORPS OF ENGINEERS. PREVIOUSLY ADVISED, WHERE--AS HERE--THERE ARE DISPUTED QUESTIONS OF FACT, THIS OFFICE MUST ACCEPT THE FACTS AS ADMINISTRATIVELY REPORTED. WE HAVE REVIEWED THE MATERIAL SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM AND FIND THAT YOU HAVE SUBMITTED NOTHING TO SERVE AS A BASIS FOR REVERSAL OF OUR PRIOR ACTIONS. ACCORDINGLY, UPON REVIEW, OUR PREVIOUS ACTIONS ARE SUSTAINED AND YOUR CLAIM AGAIN DENIED.