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Ameren/Missouri settlement reached2007-11-28 11:11:52admin2


A breach in the Ameren reservoir on December 14, 2005 sent 1.3 billion gallons of water through the main use area of Johnson’s Shut-Ins State Park, injuring the Park Superintendent and his family, destroying the park, and impacting the East Fork of the Black River and the lower Taum Sauk Reservoir. The agreement, signed by representatives from the Missouri Department of Natural Resources (DNR), the Missouri Department of Conservation, the Missouri Attorney General’s Office and Ameren will be entered as a Consent Judgment in the Circuit Court of Reynolds County and represents a total package of over $179,750,000. This amount includes $51 million Ameren has already spent cleaning up the park and river consistent with the numerous orders and directives from DNR, and over $2 million in oversight costs already paid by Ameren to DNR for the time spent by department staff in responding to the event. Key components of the agreement include: (1) Ameren is required to restore and rebuild the area in and around Johnson’s Shut-Ins State Park at an estimated value of $52 million. The park will be rebuilt according to a master plan that had public review before being approved. (2) For natural resource damages which include damages to aquatic, biological and terrestrial resources in the area of the breach, and lost recreational use opportunities for all citizens of the State who own and enjoy Johnson’s Shut-Ins State Park, Ameren will: pay $11.8 million to DNR’s State Park’s Earnings Fund for recreational use loss to create new and additional recreational opportunities for the citizens of the state, in part, through a new state park on the Current River; pay $4.2 million to DNR’s Natural Resources Protection Fund for natural resource damages and to fund over $1.2 million to safety equipment including state-of-the-art emergency response vehicles to respond to environmental emergencies or disasters in every region of the state; pay $6 million to the Missouri Conservation Commission Fund for natural resource damages; pay $2 million to DNR’s Natural Resources Protection Fund for monitoring water quality on the Black River; give to DNR, in order to create new and additional recreational opportunities for the citizens of the state, a perpetual license to locate a biking and hiking trail on a section of the Rock Island Railroad from Windsor to Pleasant Hill adjacent to the railroad bed which will link Katy Trail State Park at Windsor to the Kansas City area; pay $18 million to DNR’s State Park’s Earnings Fund for construction of the trail; right of first refusal for Church Mountain; and give DNR a right of first refusal to purchase the Rock Island Railroad corridor should it ever be sold. Ameren estimates the value of the license and both rights of first refusal to be $15 million. Among other provisions of the settlement, Ameren is required to: pay $7 million for the establishment of a local Tourism and Economic Development Trust Fund to promote tourism in the area and evaluate the need for a wastewater treatment facility for the town of Lesterville; pay $2 million to the Reynolds County School Fund; pay $3 million for the establishment of a Reynolds County Educational Enrichment Fund; pay $2 million to DNR’s State Park’s Earnings Fund for lost Johnson’s Shut-Ins revenue and the value of the timber destroyed in the park; rebuild the Upper Reservoir, and do so in an environmentally sound and publicly safe manner; pay a minimum of $2.4 million in Reynolds County property taxes through 2010 or until the Upper Reservoir rebuild is complete; create fish habitat and recreational opportunities in the Lower Reservoir and develop a more natural flow schedule for the East Fork of the Black River; and guarantee that no costs associated with the breach will be passed on to Ameren rate paying customers.


 


 

 

 

 

 

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