Lawsuit updated in Fernley flood case

January 27, 2008

January 26, 2008,

Lahontan Valley News*

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RENO, Nev. (AP) - A lawyer updated a lawsuit filed on behalf of

victims of the Jan. 5 Fernley flood, claiming Friday that tests show

the presence of hazardous bacteria, mold and toxins in the flooded

area.

Hager, representing more than 30 families, said in the

complaint filed in Washoe County District Court that cold weather is

keeping the bacteria and mold dormant - but " those dangerous toxic

materials will grow exponentially and become airborne " in warmer

weather.

Anyone who inhales the particles " will have an increased risk of

health ailments possibly including cancer and death, " Hager said in

seeking an order requiring defendants named in the lawsuit

to " aggressively " start removing the materials.

The lawsuit names the Truckee-Carson Irrigation District, Lyon

County, the city of Fernley, and companies that built and sold homes

in the area flooded when a storm-swollen irrigation canal ruptured.

The irrigation district manages the canal.

The suit and another lawsuit filed in Yerington allege that the

irrigation district did not properly maintain the canal and failed

to minimize damage once the breach occurred in Fernley, a fast-

growing town 30 miles east of Reno.

Ernie Schank, TCID president, has said the district reacted as

quickly as possible after learning about the rupture. The irrigation

district operates the canal under a contract with the U.S. Bureau of

Reclamation, which owns it.

Schank has said he realizes the district will be targeted by

lawsuits, but was unsure whether it's liable for flood damage.

Betsy Rieke, area manager for the reclamation bureau, has said her

agency thinks the district would be liable.

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