B-142205, APR. 28, 1960
Highlights
WAS CHEMICALLY CONTAMINATED IN SUCH MANNER AS TO CAUSE DAMAGE TO CROPS. MERELY STATES THAT THE WATER WAS NOT RECOMMENDED FOR HUMAN CONSUMPTION OR FOR SWIMMING. THERE IS NOTHING IN THE LETTER TO INDICATE THAT SUCH WATER WAS DELETERIOUS TO CROPS. FURNISHES INFORMATION TO THE EFFECT THAT THE CONCENTRATION OF THE CHEMICAL USED FOR DEMOSSING PURPOSES IS NOT OF SUFFICIENT STRENGTH TO CAUSE INJURY TO CROPS. THIS LETTER STATES THAT CROP INJURY MAY OCCUR AT CONCENTRATIONS OF FROM 1200-1600 PPM BUT THAT AT ONLY SIX OF THE 140 STATIONS WAS THERE A CONCENTRATION IN EXCESS OF 800 PPM. THE EVIDENCE INDICATES THAT AT NONE OF THE STATIONS WAS THERE A CONCENTRATION APPROXIMATING 1200 PPM. YOU WERE ADVISED THAT THE BUREAU OF RECLAMATION.
B-142205, APR. 28, 1960
TO MR. OLE LIEN:
YOUR LETTER OF APRIL 6, 1960, REQUESTS FURTHER REVIEW OF OUR DISALLOWANCE OF YOUR CLAIM OF $85,283.30 FOR DAMAGES ALLEGEDLY SUSTAINED TO YOUR CROPS.
THE ENCLOSURES WITH YOUR LETTER, NAMELY THE LETTER OF APRIL 23, 1951, TO ALL WATER USERS, TULE LAKE DIVISION AND THAT OF APRIL 21, 1953, ADDRESSED TO MR. BAGHOTT FROM E. L. STEPHENS, PROJECT MANAGER, KLAMATH PROJECT, DO NOT SUBSTANTIATE YOUR CONTENTION THAT THE IRRIGATION WATER FURNISHED YOU BY THE DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION, KLAMATH IRRIGATION PROJECT, WAS CHEMICALLY CONTAMINATED IN SUCH MANNER AS TO CAUSE DAMAGE TO CROPS. THE LETTER OF APRIL 23, 1951, MERELY STATES THAT THE WATER WAS NOT RECOMMENDED FOR HUMAN CONSUMPTION OR FOR SWIMMING. THERE IS NOTHING IN THE LETTER TO INDICATE THAT SUCH WATER WAS DELETERIOUS TO CROPS. THE LETTER OF APRIL 21, 1953, FURNISHES INFORMATION TO THE EFFECT THAT THE CONCENTRATION OF THE CHEMICAL USED FOR DEMOSSING PURPOSES IS NOT OF SUFFICIENT STRENGTH TO CAUSE INJURY TO CROPS. THIS LETTER STATES THAT CROP INJURY MAY OCCUR AT CONCENTRATIONS OF FROM 1200-1600 PPM BUT THAT AT ONLY SIX OF THE 140 STATIONS WAS THERE A CONCENTRATION IN EXCESS OF 800 PPM. THE EVIDENCE INDICATES THAT AT NONE OF THE STATIONS WAS THERE A CONCENTRATION APPROXIMATING 1200 PPM.
IN OUR LETTER OF MARCH 24, 1960, B-142205, YOU WERE ADVISED THAT THE BUREAU OF RECLAMATION, UNITED STATES DEPARTMENT OF THE INTERIOR, STATED THAT THERE IS NO EVIDENCE TO SUBSTANTIATE YOUR STATEMENT CONCERNING CHEMICAL DAMAGE TO YOUR CROPS. SINCE YOUR LETTER OF APRIL 6, AND ITS ENCLOSURES FAIL TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE ADMINISTRATIVE REPORT, WE MUST SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.
IN OUR LETTER OF MARCH 24, YOU WERE REQUESTED TO REMIT TO THIS OFFICE THE AMOUNT OF YOUR INDEBTEDNESS TO THE GOVERNMENT AS STATED IN OUR SETTLEMENT OF JANUARY 28, 1960 ($681.84) OR TO MAKE A PROMPT INITIAL PAYMENT, TOGETHER WITH A DEFINITE PLAN FOR PAYMENT OF THE BALANCE WITHIN A REASONABLE TIME.
UNLESS WE HEAR FROM YOU WITHIN 30 DAYS REGARDING THIS INDEBTEDNESS, WE WILL REFER THE MATTER TO THE DEPARTMENT OF JUSTICE FOR COLLECTION.