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CLEAR Temp: 90 °F Wind: NW at 10 mph Friday, August 29, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend August 6, 2003 Trial opens over water draining at subdivision By BUFFY POLLOCK for the Mail Tribune A jury trial began Tuesday to resolve a 5-year-old case in which a small farming neighborhood off Hamrick Road in Central Point claims a new development drained its wells. After months of mediation and a partial settlement in June, six of the 10 original plaintiffs (most of whom live on nearby Beebe Road) have yet to resolve claims against Southern Oregon Underground, the sole remaining defendant. The plaintiffs allege the company was responsible for draining the water table along Beebe Road in summer 1998 while excavating a trench and laying a storm drain during development of the Central Point East subdivision. Most of the four neighbors who settled in June — five years after losing their water supply — said their primary motivation for settling was to avoid further court dates and aggravation. In opening arguments Tuesday, defense attorney Renee Rothauge of Portland said her client was not to blame for the neighbors’ loss of water. Advertisement On June 4, 1998, in the middle of construction of Central Point East, plaintiff Ken Beebe’s well suddenly went dry and it was "clear there were problems," Rothauge said. But neither Jackson County officials nor developers asked Southern Oregon Underground to stop working on the storm drain, she said. "They told us the same thing they told Mr. Beebe. That the water would come back," she said. Two weeks later, the decision was made to seal the trench and restore the road, which Rothauge said "sealed the plaintiffs’ fate." Rothauge blamed the loss of water to "weather conditions (drought) and increasing urbanization and development" rather than placement of the storm drain. She told jurors that most plaintiffs who had experienced costly bills for redrilling of wells or purchasing water could be supplied with water from the city of Central Point for significantly lower costs. Rothauge acknowledged that homeowners experienced cracked foundations and dead landscaping because of problems with the water table. But she said testimony forthcoming in the trial would prove that those problems began prior to the trench being excavated or the storm drain being laid. "The question is, who was in the best position to prevent this problem and who was in the best position, when the problem arose, to fix the problem? This is not a case of Southern Oregon Underground doing a bad job." The trial continues today in Judge Phil Arnold’s courtroom in Jackson County Circuit Court. Buffy Pollock is a free-lance writer living in Medford. E-mail her at [email protected]. Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times