Arkansas Blog: Lake Maumelle threat -- UPDATE

We did some reporting last week for next week's paper on ditch construction underway in Waterview Estates, the controversial residential development overlooking Lake Maumelle that Central Arkansas Water decided not to condemn. In return, developers have promised to build a diversion ditch that would take runoff from the property out of the lake's watershed.

Environmentalists have sued to overturn the utility's settlement, but meanwhile work has begun. The work is not on the diversion ditch itself, but a secondary drainage ditch. It's a big one -- the culvert looks six feet high in photos we were supplied last week. The water utility has taken a ho-hum stance on the work. It's legal. Silt fences have been erected. They'll worry about mitigation for the damage if the settlement is overturned later. And so on.

Environmentalists will step up the pressure tomorrow with a news conference to show aerial photos of the gash on the hill overlooking the lake.

UPDATE: I've added one of the aerial photos of the ditch work and, on the jump, Monday's news release.

UPDATED NEWS RELEASE

LOCAL DEVELOPER PUTS DRINKING WATER AT RISK

Aerial Photographs Reveal Development Is Proceeding Despite Pending Lawsuit

At a news conference today, Citizens Protecting Maumelle Watershed (“CPMW”) revealed aerial photographs that illustrate a simple fact: Central Arkansas’ drinking water is once again at risk from overzealous development in a sensitive area of the watershed.

“Despite our pending legal motions to stop the Waterview Estates development, Rick Ferguson has already begun clearing land and is installing a huge drainage ditch dangerously close to Lake Maumelle,” said Kate Althoff, Coordinator for CPMW. “The photographs we’ve obtained are a startling illustration of just how close Waterview Estates will be to the drinking water source of almost 400,000 Central Arkansans.”

Barry Haas, a plaintiff in the pending legal matter and a CPMW board member, said, “These pictures are plain, stark evidence that the Waterview Estates development poses a real danger to our drinking water. Every person who drinks water coming from Lake Maumelle should be very concerned about the future health of our water supply.”

The collection of photographs was taken on Wednesday, October 24th, and reveal an enormous gash within what is known as “Critical Area A.” Critical Area A is the most ecologically sensitive area of the watershed and is the portion closest to the “intake,” or where drinking water is drawn from Lake Maumelle.

The Waterview Estates parcel was the subject of a lengthy condemnation battle between the developer and the Central Arkansas Water Commission (“CAW”). CAW condemned the land but, prior to a trial to determine the value of the land, CAW and Ferguson reached a settlement agreement. The agreement allowed the development to move forward if Ferguson would construct an enormous 3- mile long drainage ditch. In July of this year, CPMW and other plaintiffs (Barry Haas, Kathy Wells, Craig Wood, and Glen Hooks) filed motions in Pulaski County Circuit Court to intervene in the matter and set aside the settlement agreement. Despite these motions, Ferguson has proceeded with the construction of the ditch.

"We filed our motions with the courts 3 months ago and have grown frustrated that we have not yet had a hearing,” said Althoff. “This land belongs to the 398,000 people who depend on Lake Maumelle for their tap water. We ask all investors in the Waterview Estates to immediately stop all construction activities on this land."

CPMW will hold a November 12th public forum to discuss the pending risks to Lake Maumelle and to show more photographs of the damaging development. The forum will take place at 6:30 p.m. at the University of Arkansas Cooperative Extension Service, 2301 South University Avenue. The public and media are invited to attend.

Comments

What is going to take for us to not allow the permanent damage to our watershed? The City of New York owns a significant green belt around the Croton Reservoir, which is in Westchester County. This is not brain surgery. Why are these Central Arkansas Water Board members such hacks? They appear to be horrible stewards of our most valuable resource.

The Arkansas Times needs to get Mara Leveritt to do a story on this whole subject. You need to show us why these individual board members voted for this insane development. What were the relationships between "opposing" counsel? Why are the two Mayors quiet about this? This subject is too important to just blog about.

The New York Times spends weeks talking about the pollution of China's rivers and lakes . You think AT could do an article in its own backyard BEFORE it's too late?

Posted by: toby | October 28, 2007 07:50 PM

A report on the legal imbroglio in Saturday's DoG stated the obvious, that Jay Dehaven "wants to profit off his 2005 land investment." His investment was made less than two years ago, when the likelihood that Central Arkansas Water would have to meet Deltic Timber's ransom demands was very much in the news. The thing I don't understand is why the old Little Rock Water Works that built Lake Maumelle and protected it so effectively for so many years did not seek laws, buy watershed property years ago, and take whatever other steps were needed to protect our investment and our water from the inevitable quick-profit, faux-appreciation artists.

Posted by: Snapback | October 28, 2007 08:24 PM

Their website is here :

http://www.protectarkansaswater.org

Posted by: Arkansas Blogger | October 29, 2007 12:49 AM

Sounds like something the Little Rock Mayor (full-time or part-time) should take a leadership role in protecting.

Let me think about this:

1) Little Rock gets no tax base growth advantage spoiling Lake Maumelle
2) By limiting growth in the watershed, Little Rock can slow the urban creep west
3) The attractiveness of a city is helped by clean water.
4) People who can't afford to buy bottles of water (because they just got their salary tripled by the voters) can still drink healthy clean water (but who cares about poor people anyway).
5) There is no good reason for a Little Rock Mayor to defend development around the main (and almost single) source of drinking water for his city.

.....except....of course if the same Mayor is also being paid as an attorney to represent people who have an interest in building and developing in the watershed. Hard to defend Perry County's interests if you don't defend developers in Pulaski County. The attorney general may have ruled that he didn't see a problem with the Perry County attorney serving as Mayor of Little Rock. But the way the question was asked, it is clear that he is first the attorney for Perry County, and THEN the Mayor of Little Rock.

Posted by: eyeonlr | October 29, 2007 07:07 AM

eyeonlr - As a side note I recently read the plastic containers used for much of our bottled water is quite high in female hormones among other dangerous chemicals..

Posted by: Eureka Springs, AR | October 29, 2007 09:09 AM

I too wonder why the mayor is not taking a stand against this. It seems a no-brainer for anyone not connected with the development industry.

But, it's the kind of thing that can really help an opponent during election time -- our mayor profited by selling our pure water out from under us.

mstodola@catlaw.com

Posted by: Roland-in-Waiting | October 29, 2007 02:15 PM

Current CAW Commission Members

Jane Dickey
Rose Law Firm
120 East 4th Street
Little Rock, AR 72201
(501) 377-0312
jdickey@roselawfirm.com
Term Expires: 6-30-2008

Jay Hartman (Vice-Chair)
#9 Entergy Court
Little Rock, AR 72223
(501) 223-6170
jhartma@entergy.com
Term Expires: 6-30-2010

Tom Rimmer
40 Pine Manor Drive
Little Rock, AR 72207
(501) 526-6627
rimmers@sbcglobal.net
Term Expires: 6-30-2013

Dr. Roby Robertson (Chair)
8207 Alvin Lane
Little Rock, AR 72204
(501) 224-3325
rdrobertson@ualr.edu
Term Expires: 6-30-2011

Stacy Hurst, Vice Mayor (Ex-Officio)
(Little Rock City Board of Directors)
4901 East Crestwood Drive
Little Rock, AR 72207
(501) 371-4510
board@littlerock.org
Term Expires: 12-31-2008

North Little Rock Appointees

Eddie Powell
24 Heritage Park Circle
North Little Rock, AR 72116
(501) 753-0819
epowell01@comcast.net
Term Expires: 6-30-2012

Francille Turbyfill (Secretary/Treasurer)
5900 Elk River Road
North Little Rock, AR 72116
(501) 975-2100
fturby@cei.net
Term Expires: 6-30-2010

Tony Kendall
59 Coronado Circle
North Little Rock, AR 72116
(501) 835-6514
awkendal@baptist-health.org
Term Expires: 6-30-2014

Posted by: Lew | October 30, 2007 11:05 AM

Arkansas Blog

Lake Maumelle threat -- UPDATE

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