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December 16, 2002

Tacoma utility not liable for '95 flood

CHEHALIS (AP) -- Tacoma Power, the operator of two Cowlitz River dams, was not liable for the river's devastating flood in November 1995, a Lewis County Superior Court jury has found.

One of the longest trials in the county's history ended Wednesday after five weeks.

In a complicated verdict, jurors found that Tacoma Power was negligent and that its actions led to flooding, but they excused the utility of liability.

Seventy-four families sued the utility. They contended the utility had hoarded water in Riffe Lake so it could be run through hydroelectric turbines at Mossyrock and Mayfield dams.

That November, the reservoir was 18 feet higher than the utility's federal license required for flood protection. So when drenching rains hit late that month, the utility was forced to open flood gates and send torrents of water downstream.

Tacoma Power's lawyer, Tim Gosselin, called the decision a victory, while the landowners were quick to point out criticisms of Tacoma's operations in the jury's findings.




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