Tucson Weekly: CAP Brief (November 26

A Class-Action Lawsuit For Millions In CAP Water Damages Continues To Move Down The Pipeline.
By Dave Devine
AS THE CITY of Tucson looks for a few people to drink its new and improved CAP cocktail, thousands of CAP users from the past are asking to be paid millions of dollars for the damage the water did when it was delivered before.
To show it has learned its lesson from the 1992-1994 fiasco, the city wants to "test" a blend of groundwater and sham-recharged canal water on some volunteers. Our local elected leaders evidently think that if people get the concoction for next to nothing, they'll learn to live with it.
At the same time, a stack of forms several feet high is building against the city for its earlier experiment with CAP. So far, more than 2,500 individuals and businesses have submitted claims for property and nuisance damages as part of a class-action lawsuit. The amount of these claims will run into the millions of dollars, and the attorneys' fees won't be cheap.
Currents The total requested through the current suit is on top of the almost $2 million the city paid out for water-related damages between 1993 and 1996. During that time, 5,500 claims were filed as part of Tucson's CAP reimbursement effort.
That program did not require a recipient to prove the city's negligence in order to receive payment, but it did have several financial limitations. Plumbing repairs were restricted to $500, damages to pipes, and cooling fixtures were capped at $250, and a maximum of $100 was available for small appliances damaged by the foul water.
Instead of operating a total reimbursement program, the city, in its own words, hoped "this allowance may serve to at least partially reimburse (the claimant) for CAP-related expenses."
But today, many of those involved with the class-action lawsuit want full restitution from the city. Others never filed a claim, but now want to be compensated for their expenses. Some former CAP users also want to be paid for the rashes and other medically related nuisances they believe the water caused.
Not everyone agrees with the philosophy of the current suit. Among the 56 requests to be exempted from the legal action, one homeowner said, "I strenuously object to the CAP class-action lawsuit... Admittedly, the CAP water is lower in quality. I never, however, experienced any of the alleged problems of its use in Tucson...We should switch completely to CAP water and learn to live with it and be prepared to pay the price."
Thousands of those who have already paid that price vehemently disagree. Along with wanting to be reimbursed in full for the damages the water caused them, many of those participating in the suit have strong opinions about CAP water. One wrote: "Bottom line is, CAP water destroyed our home...The mental stress of all the ongoing problems has my wife ready to sell the house and move out of Tucson."
Another claimant said, "I suffered the annoyance and discomfort of having to drink unhealthy CAP water." Yet another wrote that the "city's undrinkable water forced me to buy bottled water for drinking and cooking."
Of the claims in the current lawsuit, many individually amount to only a few hundred dollars, and consist of demands to pay for appliances damaged by the water. Less common are listings of multiple problems. One homeowner showed expenses totaling almost $18,000 for damage and repair to plumbing, carpets and walls. The claim states the city paid only for harm done to the home's washing machine.
Even less frequent are big-ticket requests. A few apartment and condominium owners, however, have filed claims totaling hundreds of thousands of dollars.
In addition to the property and nuisance claims piling up against the city, some respondents also listed medical issues they believe were related to the water. One of these was a death certificate and obituary for a 65-year-old man submitted by his widow. She believes the water contributed to the cancer which caused his death.
However, according to the appropriately named Mike Capp, attorney for the claimants in the class-action suit, personal injuries are specifically excluded from consideration.
For now, claims against the city must be postmarked no later than November 30. Capp hopes to go into court before the end of the year to seek direction on how to proceed. That timing, of course, will depend upon what stance the City of Tucson takes on the suit. Capp believes it could be another year or more before the legal action is completed.
In Capp's opinion, deciding the validity of the claims is the major issue to be addressed. What evidence the city demands, and how many claims they dispute, will determine much of what happens next.
Anyone who has not filed a claim but believes he was damaged by CAP water has until Monday to mail in a form. To receive one, call the MacBan Law Office at 624-6446. Or call Tucson Water and volunteer to drink their CAP cocktail. Their operators are waiting to hear from you.

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