New Dam Is Not an Open and Shut Case : Environment: The $250-million project is designed to help flood control. Activists say it will threaten rat habitat and two endangered plant species.

After spending $250 million on designing, planning and building the Seven Oaks Dam, engineers are ready to close the gates and start operations at the massive structure. But a few small things are in the way: rats and wild plants.

The 550-foot-high dam near Redlands was built by the U.S. Army Corps of Engineers as the crown jewel in the Santa Ana River flood control project. It was designed to protect downriver residents against a 100-year flood and was supposed to be operating by now.

But in March, as the dam neared completion, the corps was slapped with a lawsuit filed by environmental groups seeking to protect the endangered San Bernardino kangaroo rat, whose habitat lies in front of the dam. The suit also seeks to protect two endangered plants, the Santa Ana River woolly star and the slender-horned spineflower.

The dam is expected to reduce or eliminate the need for flood insurance for tens of thousands of homeowners in Orange, San Bernardino and Riverside counties. But now it looks as if homeowners will have to pay insurers $200 to $800 a year each for a while longer.

Trying to act quickly in the face of the lawsuit, the corps and the U.S. Fish and Wildlife Service began work on what is called a consultation, which is an environmental assessment to come up with options that can be taken to reduce the impact on endangered species.

But the results will not be ready until sometime in January.

Ways to lessen the impact include buying more property or allowing larger amounts of water to be released from the dam, said Noah Greenwald, an ecologist with the Center for Biological Diversity in Tucson, one of the three plaintiffs in the federal lawsuit.

“Basically the dam is already built and we recognize that,” Greenwald said. “What we would like is more mitigation. It’s a pretty sad situation. We have three endangered species dependent on flooding, and they built a dam to stop flooding.”

The rats and the plants need open sandy areas that flood regularly, and changing that environment to a highly controlled one would destroy the habitat, the center argues.

The kangaroo rat stands about 9 1/2 inches to 14 inches tall and is a nocturnal seed eater. Although no formal surveys have been conducted, ecologists estimate that the rats’ habitat is a wide area of at least 3,000 acres in front of the dam.

The corps would not comment on the lawsuit, but spokesman Herb Nesmith said the agency would decide whether to lessen the dam’s effects on the rat and the plants based on the consultation.

“We are not indifferent to the animals or the plants,” Nesmith said.

The corps plans to hold dedication ceremonies in November at the dam, but it does not know when it can start operations.

The environmental groups, which include the California Native Plant Society and the Tri-County Conservation League, accuse the corps of failing to provide a consultation as soon as it knew that the Fish and Wildlife Service was considering the kangaroo rat for the endangered list.

Environmentalists argue that the corps knew about the effort to put the rat on the endangered list long before construction began. “There was advanced indication that they couldn’t have built this,” Greenwald said, “yet they steamrollered the project through in order to avoid mitigation.”

Meanwhile, residents and businesses along the river’s path must continue to buy flood insurance.

Most of those affected are Orange County residents living in the river’s flood plain from the city of Orange through portions of Santa Ana, Fountain Valley, Westminster and Huntington Beach.

“Because the corps cannot give us a guarantee to operate the dam as planned, it’s affecting residents’ flood plain insurance,” said Elayne Rail, a spokeswoman for the Orange County public works agency.

The intent, she said, was to list the project as soon as it was completed with the Federal Emergency Management Agency as protection against a 100-year flood, an action that then would lead to lower flood insurance rates or none at all.

Downriver cities, including Fountain Valley, have worked closely with the corps, FEMA and the county flood control district to help support the Santa Ana River project, which is scheduled for completion in 2006.

Once the dam is operational, the corps will turn its attention to the riverbanks in the Santa Ana Canyon and then Prado Dam, which straddles Riverside and San Bernardino counties. Planned improvements to that dam include raising the banks and enlarging the spillway, the chute through which water is released.

“All the improvements are related,” Rail said. “We’ve finished the improvements on the river from Pacific Coast Highway up to Weir Canyon. Once we’re done there, we’ll move on to the Santa Ana Canyon, which is expected to be done over the next two years.”

To be successful, the corps must overcome problems related to the kangaroo rat and the two plants, Rail said.

“The critical point is completing Seven Oaks and also winning construction approval for Prado Dam’s improvements through Congress next month.”

An attorney for the environmental groups said the lawsuit was prompted by an unfortunate set of circumstances.

“We’re not against flood protection,” said Babak Naficy, the Center for Biological Diversity’s attorney.

“Our object is not to subject folks downriver to periodic flooding. But we want the consultation to be done to let these species survive,” he said. “Our goal is not to mess with people’s lives. We’re sure a compromise can be reached.”

(BEGIN TEXT OF INFOBOX / INFOGRAPHIC)

Santa Ana River Flood Plain

Santa Ana River improvements scheduled for completion by 2006:

Seven Oaks Dam

Prado Dam: Raising embankment 28 feet, enlarging spillway, reservoirs

Santiago Creek: Creating reservoir, improving channel from Santa Ana Freeway to Santa Ana River

Lower Santa Ana River: 23 miles of channel improvements from the ocean to Prado Dam

Marsh Restoration: Ninety-two acres at mouth of Santa Ana River rehabilitated with wetland plant species, migrating waterfowl habitat.

Mill Creek Level and San Timoteo Creek: Concrete wall built on existing levee, sediment basin proposed

Dam Opening Delayed

Environmental groups have filed suit to halt operation of the nearly complete Seven Oaks Dam near Redlands, which they content would drive three endangered species toward extinction. The dam is designed to protect Orange County from a 100-year flood, which could inundate thousands of homes in the Santa Ana River flood plain. Species whose habitat is threatened, according to activists:

San Bernardino kangaroo rat

Slender-horned spineflower

Santa Ana River wooly star