The longer this matter is deferred, continued erosion and deterioration can be anticipated, and it is reasonable to expect the dam's structural problems will become more serious. Periods of high runoff will likely be especially detrimental to the dam's integrity. The Strands have indicated they have limited funds for repair of the dam. However, this is not a reason to further postpone a hearing in this matter. Any fundraising and organizational efforts can occur simultaneously.
Public safety is the sole consideration at issue in the instant proceeding.
In the papers submitted to me, neither the Strands nor the potential intervenors have expressed any concern for the persons or property downstream of the dam which would be in jeopardy in the event of the dam's failure. The focus of everyone involved should be to either satisfactorily repair the dam to bring it up to acceptable standards of safety or to breach the dam to avoid the potential for a sudden, uncontrolled failure. Either of these actions should not be inordinately delayed, which is what counsel for the Strands is now seeking. Therefore, I am denying the requests for a lengthy adjournment in this matter. The Department Staff originally agreed to a three week adjournment.