GILROY
– A confidential water line agreement between a longtime Gilroy
family and a high-profile Gilroy development isn’t entirely a
secret anymore.
GILROY – A confidential water line agreement between a longtime Gilroy family and a high-profile Gilroy development isn’t entirely a secret anymore.
A portion of the long-sought settlement between the Thomas family and the Eagle Ridge Development Company has been filed with the county, making the document accessible to the general public. However, details of the entire agreement – for instance, who must pay the costly legal fees – remain secret.
The water line agreement, which ended a six-month legal battle between the two parties, makes it possible for both Eagle Ridge homes to be built and the Thomas family water supply to continue.
Due to the agreement’s confidentiality clause, Thomas family lawyer Perry Woodward would not comment in any detail. Woodward would only say his clients were “satisfied” with the settlement.
In prior stories, Woodward said he would hold out for legal fees if a settlement is offered.
“The Thomases have accrued a significant amount of legal expenses. It’s only fair they are compensated,” Woodward said in August.
All this effectively ends a dispute that began early last summer when Eagle Ridge construction workers cut off the Thomas family water supply.
Eagle Ridge plans call for 13 homes to be built next to the Miller Avenue Thomas family ranch. The Thomases’ quarter-mile water pipeline, which connects to a natural spring, runs through the Eagle Ridge land.
Differing interpretations of an agreement between the original landowner and the Thomases led to the fray. The Thomases believed, based on a handshake agreement made decades ago, they had permanent rights to the spring water pipeline that ran to their Miller Avenue ranch home.
Eagle Ridge developers wanted the family to tap into a city water pipeline the company was required to run to the Thomas property, which the family never did despite written notices the spring water pipeline would be cut off. The development firm also contended the family had easement rights to a neighbor’s well.
The water line agreement spells out that Eagle Ridge must reroute and construct a new water line to the Thomas home with high-quality PVC pipe. Construction of the water line is currently under way. The agreement also states that as long as a Thomas family member or descendent remains on the property, the water rights remain intact.
Eagle Ridge does not have to guarantee water flow or quality once the construction of the line is completed to satisfaction. Also, the Thomas family must pay to maintain and repair the water line.
Already in late July, the developers rerouted the spring water pipeline so the Thomases could continue receiving free spring water and the company could continue building homes. However, a judge ruled they could not reroute the water line until the case was resolved.
According to Woodward, the Thomases believed the rerouting in July was a disingenuous attempt to bring lesser quality water to the family so the development firm could build homes. The Thomases claimed the rerouted pipeline was not bringing the same quality and temperature of water to their home as the original pipeline.
Eagle Ridge Developers could not be reached for comment.
