Posted on 05/25/2016 7:08:01 PM PDT by nickcarraway
A legal battle is raging in Bay Area courts over a landowner’s plans to transform an island in the Delta into a playground for Silicon Valley.
Secluded Pt. Buckner Island in Suisun Bay has become well known for its kite-surfing and other sports.
When John Sweeney bought the small Delta island, it was in pretty bad shape. The levees were breached in several places, allowing water to cover part of it.
As the new owner, Sweeny says “by law” the Suisun Marsh Preservation Act now makes that his problem.
“When you buy the property, you have a compliance period where you must fix the property to make sure the levees are water tight and all your flood structures and flood gates work,” explained Sweeney. “We complied exactly with the plan.”
Now the SF Regional Water Quality Control Board is proposing a $4.6 million fine for repairing those same levees. Officials say the old levees were left open too long and now most of the island is under the boards jurisdiction. And that means permits
“When it was purchased, it was a tidal wetlands,” said SF Regional Water Quality Control Board Prosecutor Dyan Whyte. “On private property, when federal and state water is present, one needs authorization to conduct activities in those waters.”
While the permit requirement for maintenance and repair is being disputed, all levee work has stopped.
Sweeny said the dispute will have to be settled in the Solano Superior Court.
On Thursday, Sweeney filed suit against the Bay Conservation and Development Commission, who he claims is joining the water quality board.
So far, the legal battles have cost Sweeney more than $100,000.
Meanwhile, Sweeny is operating an exclusive kite surfing club for executives, complete with shipping container lounge, fake grass carpet to stay out of the dirt and composting toilets in surplus trailers.
The amenities will be available for clients who can fly in by helicopter on his private island to enjoy what he calls some of the finest kite surfing in the state
The whole confusing matter now goes before a Superior Court Judge in August, who hopefully will determine just whose rules should be applied.
I remember reading about the Island of Palmyra. It is owned by an American family. They allowed the U.S. to use it during WWII.
After the war the government tried to illegally just keep it. The family sued in federal court and won.
Outrageous
So how did "government water" get on this guy's private property? He should sue the government for the cost of repairing the levee walls to protect his investment from the government's inabiity to control their water.
Palmyra is an interesting story. Also the scene of famous murders. https://en.wikipedia.org/wiki/Palmyra_Atoll
Doesn’t Sweeney know what state he lives in? Is he a newcomer?
Yes that is fascinating.
WTF is state and federal water- as another poster says owner should sue state and feds for allowing their water to damage his property
.
According to the Pacific Legal Fund, the Supreme Court is the best for citizens, since the Supreme Court acknowledges the lack of boundaries of lower courts and agencies. Thus, I hope Alameda sends this case to DC. The windsurfer needs to win this case.
I heard about a case like that in Atlantic City.
Didn’t President Obama issue an executive order that all water on private property belongs to the government?
Obunghole- I have a pen and I am not afraid to use it
Free Republic World Headquarters? LOL
After the last eight Years, I pretty much hate half the Population of the United States, if not more.
LOL, isn't that the truth!
I don't hate you though :-)
If there were justice, he'd be in the pen...
LOL! Great post! Thank you.
Look out - the Chinese may stake a claim.
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