Call Kurtis

LA GRANGE (CBS13) ― Californians have been fighting over water as long as history can remember. But the people of a small town in Stanislaus County are fighting for their town and, they believe, their lives.

They say their small community has been denied its right to water, so much so that if a fire were to break out, their entire town could burn off the map.

A hundred miles Southeast of Sacramento lays an old town rich in California history. Miners came to La Grange for the gold in 1850, staking claims during the rush. The Tuolumne River carves its way along the town's north side, a few miles down from Don Pedro reservoir.

La Grange exists, in large part, because of the Tuolumne's water, and in spite of it.

"The district said this water did not belong to us; it belonged to them from the very beginning. So why did they have to go to court to take it away from us?" asks Grover McCoy, to make a point.

McCoy, and his neighbor Allen Zanker, are both on the front lines of the town's long battle with the Turlock Irrigation District -- TID. They're fighting over what they believe is their right to more water -- water for their homes, businesses, and schools, their gardens, and their fire hydrants.

Their water supply is controlled by TID.

Zanker reveals a van-load of case files. TID sued Zanker in 2004 over his access to the town water system – TID won. But Zanker believes TID's suit was nothing but dirty politics.

"I think the TID people were trying to discredit me and distract me from looking into the compliance with the fire code of the water system," Zanker says of a system he argues has been operating well-below state minimum standards for years.

"It's a very serious threat to this town," he says. Zanker's a former president of the local fire district.

He says even a small brush fire has the potential to cause a calamity. "They could blow up this ridge very quickly and put ten, 15 structures at risk just almost immediately."

Some buildings in La Grange are more than a hundred years old, and fuel for a fire, should one happen.

In fact a fire has happened. Right there in downtown La Grange, in July of 2002. A former gas station burned to the ground. The owner's dog burned to death.

Homes on three sides were threatened. Volunteer firefighters from La Grange needed and received help from five other agencies to fight it. It took them an hour to get the fire under control. And while crews kept it from spreading, neighbors think a disaster was narrowly avoided because, they say, the fire hydrant ran out of water.

Betty Varain confirms it -- "the fire hydrant ran out of water." Betty and her husband Glen Varain witnessed it, watching as they thought their home was a goner; it was just a few feet from the fire.

The town water system is a constant worry. "The only thing that really concerns me is if something catches fire we have no protection," says Betty. Her husband adds "You wouldn't save nothing up here."

Grover McCoy also witnessed the water pressure drop during the fire at his home a quarter-mile away. "It actually went below zero, it pulled into a vacuum."

McCoy says the reason is a water system too small for the town -- small pumps, small tanks.

"They went down to about 2-feet of water which is unusable, so the town was actually out of water during that fire."

And they put the blame squarely on TID.

"Oh, that's just a bunch of crap," argues Larry Weis, TID's CEO.

He argues the system TID built in 1996 is sufficient. They're required by the state to meet minimum standards while providing water for the needs of the town.

During an interview with Weis, Kurtis Ming asks "Are you supplying that to the town?"

"Yes, yes we are. We are providing all the required flow, pressures and everything. We've tested it."

And we've obtained the results of those tests. On May 29th, 2007, water flow was independently measured at about half of what the state requires for commercial usage.

"One of your tests failed." Ming tells Weis. Weis answers "We'll I don't agree with you."

"You don't agree with that?" "No."

Weis goes on the defensive -- "You're not going to put me in a spot and say the district hasn't done its job, because we have. And these people are very blessed to have the system that they do. We've provided whatever fire protection that we can."

Weis says TID, La Grange's only water supplier, is not required to provide the town with water to fight fires. Ming asks town residents and members of the town water advisory board, Bob Varain and Grover McCoy "What do you think of that?" Bob Varain answers "That's totally false. Their contract states 'drinking, or domestic, garden, and for the needs of the town and the needs of the town falls under fire hydrants."

Stanislaus Consolidated Fire Protection District chief Stephen Mayotte says he could test any hydrant in La Grange, at any time, and "...routinely it is going to fail current code requirements."

Chief Mayotte's team may need to rely on that sub-standard system one day to save property, and more importantly, save lives.

So why hasn't he, as fire chief, demanded TID correct the fire hydrant water supply problem? "I don't believe I can force TID into improving their system, and I don't think it's my responsibility to try and do that."

But in a 2003 letter to TID Stanislaus consolidated fire's own lawyer advises TID that the "...fire chief has wide discretion to enforce fire flow standards." That enforcement would target TID.

"I have not received a letter from any official at the state saying that we have a deficiency," says Weis.

But they have been put on notice by Stanislaus Consolidated Fire Protection District.

It says in that same 2003 letter that TID "...has repeatedly acknowledged its duty to provide adequate fire flow..." but that Consolidated says it has "...not met the standard..."

So, the people of La Grange live with the water system they have, leaving Zanker, McCoy, and a few town representatives, to fight their fight.

Glen Varain is one of them. "Most of them, the people in town, are afraid TID will cut 'em off altogether. That's why they won't say nothing, a lot of them."

There has been one interesting development since our interviews with TID's Larry Weis, and SCFPD's fire Chief Steve Mayotte last year. We've obtained a letter dated January 15, 2008 written by Chief Mayotte to TID.

PDF Copy Of Chief Mayotte's Letter

Chief Mayotte has requested, in writing, TID meet California Fire Code requirements with regard to the town of La Grange. The hydrant test was conducted on May 29, 2007; Chief Mayotte's request was sent to TID on or after January 15, 2008.

In an e-mail to CBS-13, Chief Mayotte explains:
"…the Fire District would treat all water purveyors the same, and notify them of non-compliance when the fire flow standards aren't met. This is the reason for the letter; we have also sent the City of Modesto a similar letter regarding non-compliance with the fire flow requirements in the City of Waterford."

"I have the authority to ensure all current and future projects meet the California Fire Code with the Stanislaus County and Stanislaus Consolidated Fire Protection District adopted amendments. I don't believe I have the authority to demand changes be made to a system that's been in place for approximately a decade, unless there is proof something underhanded was done regarding the establishment of the existing system. However, I do have the authority to make recommendations for changes to an existing system, hence the letter of January 15, 2008. The issue has been through litigation, and I have yet to see anything resulting from that litigation that recommends or directs changes be made to the existing water system."

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