WATER Lawsuit in Court
4/18/16
W.A.T.E.R.’s lawsuit with Siskiyou County and Crystal Geyser Water Company challenging the location of Crystal Geyser’s plant as inconsistent with the Siskiyou County Zoning Ordinance and the Siskiyou County General Plan was heard in Siskiyou County Court on April 14. WATER alleged that since the facility is located in a “Woodland Productivity” overlay, which designates the land for light-industrial use, CG’s proposed heavy industrial activities of beverage production and plastic bottle manufacturing were in violation of the General Plan. The court ruled that all causes of action were “time barred” and that the time to have objected to the zoning change was 25 years ago when the zoning was changes to heavy industrial. The Judge would not take into consideration the Woodland Productivity overlay, which should have protected the neighborhood from heavy industrial activities, as the property was zoned heavy industrial without objection 25 years ago.
Although the court ruled against us and said the zoning issues had to be resolved 25 years ago, we are confident that our advocacy effort has helped to lead to the proper decision by the County to prepare an Environmental Impact Report on the entire Crystal Geyser operation.
This process will involve permits and approvals from multiple agencies like the City of Mt. Shasta, the Regional Water Quality Control Board, the Air Pollution Control District and the California Public Utilities Commission. This process will bring about full public disclosure of the planned operation.
We look forward to actively participating in the upcoming CEQA process. W.A.T.E.R., with continued community support, will remain vigilant to ensure that an EIR actually happens and that promises are not reneged upon.