The status of the fight against Tall Pines Lakeview Estates thus far:
1. Winter, 2006: The community filed 27 paid formal protests with Idaho Department of Water Resources (IDWR), against Tall Pines’ application for water rights. This was done because the community was concerned about the subdivision impinging on their existing water rights, and on the health of Stump Creek.
2. April 19, 2007: IDWR’s Hearing Examiner, Gary Spackman, officiated in the day-long hearing. The neighborhood was well prepared, thanks to counsel from Environmental Attorney Brian Cleary.
3. August 2, 2007: Mr. Spackman issued his ruling: Tall Pines’ application for water was DENIED, for failing to prove a) that there is sufficient water for their own use, b) that in taking that water they would not harm the existing senior water rights of the community members, and c) that they would not harm Stump Creek. To continue with this application, Tall Pines would have to conduct an appropriate pumping test to prove that these three harms would not occur.
4. Late September, 2007: The pumping test was conducted. The community hired expert J. Allen Isaacson to keep an eye on things during the pumping test. It did NOT go well for Tall Pines. Within the first 6 hours of the test, the flow into Stump Creek dropped to less than 15% of its pre-test flow. Midway through the 1st day, one neighbor noted that their household water flow was cut by 50%. At least two other neighbors noticed an “off” or “metallic” taste in their household water. By the 2nd day of the test, the flow into Stump Creek was nearly 500 percent greater than its pre-test flow because the people who were running the pumps diverted the water from the wells over a ridge that led directly to the source of the spring that fed Stump Creek’s headwaters.
5. October 4, 2007: Public hearing of Tall Pines’ application for Preliminary Plat Approval before Kootenai County Hearing Examiner Lisa Key. Once again, the neighbors were well prepared and had the counsel of Mr. Cleary. Neighborhood presentations were made by Mr. Cleary, J. Allen Isaacson (in absentia; his testimony was presented via affidavit and video interview with Mr. Cleary), Karen Hayes, Cecil Hathaway, Thom McLennon, Darryl O’Sickey and many others. Tall Pines’ presentations were made by engineers Jim DeSmet and Eric Shanley, and attorney John Magnuson, all claiming that the neighborhood is just afraid of change and that the pumping test revealed absolutely no problems — plenty of water! Because neither data from the pumping test, nor any analysis of those data, were made available by Tall Pines, Ms. Key scheduled a second public hearing, for water issues only, for December 6, 2007.
6. October 5, 2007: The neighborhood retained J. Allen Isaacson to obtain the raw data from Tall Pines and conduct an independent analysis of those data for presentation in rebuttal of Tall Pines’ predictable assurances that everything was “hunky dory.” Mr. Brian Cleary, environmental attorney, was also retained to represent the neighborhood.
7. December 6, 2007: The second half of the public hearing before Hearing Examiner Lisa Key was held. Mr. Cleary and Mr. Isaacson both gave presentations, as did several individuals.
8. December 20, 2007: Kootenai County Hearing Examiner Lisa Key issued her ruling: Tall Pines’ application for preliminary plat approval was DENIED on several grounds. Her report mentioned such factors as the subdivision would be inconsistent with the existing setting, that adequate water is not assured, that Tall Pines had not proven that they would not interfere with existing senior water rights and with Stump Creek, that Tall Pines has changed their water plan to individual private wells without showing that interference with private septic fields would not occur (and therefore nutrient pathogen loading would threaten the surface water on the land as well as downslope, including Hayden Lake), that East Hayden Lake Road is inadequate to support the additional traffic that would come with the subdivision, and that emergency services are not available to provide safety. Copies of her report are available from the neighbors or from the Planning office.
9. January 8, 2008: As of this writing, Tall Pines appears intent on continuing with their wrong-minded and ill-conceived project. With their Preliminary Plat Approval application denied, they reportedly are unable to obtain bank funding to continue their project. Investors in the project, which include local physicians and businessmen, face the prospect of being seen by the community as investors in the further degradation of Hayden Lake and Kootenai County, akin to out-of-state developers who have already made tons of money at the expense of our natural resources. The Planning Department has estimated that the public hearing before the Board of County Commissioners will likely be in April of 2008.
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