The Ministerio Roca Solida, a founder of the Patch of Heaven church camp, filed a new takings claim in the U.S. Court of Federal Claims in Washington, D.C., saying that the damages to its property have grown over $3 million since the diversion of the creek on the property.
In a claim filed on July 12, the Ministerio Roca Solida alleges an unconstitutional taking of the 40-acre property located in the Ash Meadows National Wildlife Refuge and the loss of its vested water rights for the past 5 years.
In 2010, the U.S. Fish and Wildlife Service diverted the creek from the property where Victor and his wife Annette Fuentes, the leaders of the Ministerio Roca Solida had founded the Patch of Heaven church camp. The agency cited the need to preserve endangered species, including the Ash Meadows speckled dace that inhabit the refuge.
Nevada Policy Research Institutes Center for Justice and Constitutional Litigation Director Joe Becker, who represents the Fuentes, said the Ministerio Roca Solida filed three takings claims since 2010. The first two claims were dismissed with prejudice, which means that the plaintiff still has the right to further litigate when certain conditions are satisfied.
(In this case,) a takings claim is a claim against the federal government where the government has taken private property, purportedly for a public purpose, without paying just compensation as required by the Fifth Amendment to the U.S. Constitution, Becker said.
Becker argued that since the diversion of the creek, the Fuentes land and its appurtenances have been flooded four times – the type of flooding that had never occurred before.
Because of the Department of Fish and Wildlifes actions more than five years ago, less and less rainfall now results in greater and greater flooding, Becker said.
Erosion from repeated floods has carved large swaths of washes on the 40-acre property, according to the documents.
And, because of the federal governments dangerously negligent construction of the channel never engineered to accommodate any rain or runoff waters the damage has been compounding. A mini-grand canyon now cuts through what was once lush wetlands, and the significant improvements made to structures and the land for the benefit of young campers are being undone with each recurring flood, Becker said.
A complaint stated that the Ministerio Roca Solida now finds it highly problematic to make its camp available to groups who have historically used the facilities, because less rain results in a greater likelihood of more severe flooding and more severe flood danger.
Becker said that the movement of the waterway and taking of the ministrys vested water rights was done without the requisite Clean Water Act permits and in violation of FEMA requirements. Becker also said that the movement was done with no regard for the ministrys religious use of the water for baptisms.
Sadly, the damage done by this repeated flooding is now so severe, theres no choice left but to hold the federal government accountable for a complete taking, Becker said.
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