A water table is the area underneath the earth\u2019s surface where soil is saturated with water. If it rises, it can derail plans to build or dig.\u00a0<\/p>\n
In this case, most of El Monte Nature Preserve\u2019s property is zoned for sand mining, which involves extracting sand from the earth and using or selling it for things like construction projects.\u00a0<\/p>\n
The company was in the process of obtaining a permit from the city for the actual sand mining to occur. However, now that the property\u2019s water table has risen, it can no longer be mined for sand because the city doesn\u2019t allow sand mining below the water table.\u00a0<\/p>\n
Now, El Monte Nature Preserve is suing the city for damages and negligence and is asking for $300 million.\u00a0<\/p>\n
![\"El](\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/08\/1756286410_565_El-Capitan-Reservoir_0011-1024x683.jpg\")
El Capitan Reservoir and dam on April 13, 2025, in Lakeside. \/ Ariana Drehsler for Voice of San Diego<\/p>\n
\u201c[El Monte Nature Preserve] has an intention to excavate valuable resources on the property that it owns,\u201d the lawsuit says. \u201cThe city\u2019s conduct has deprived [El Monte Nature Preserve] of all economically viable use of its property rights. This had a negative impact on [El Monte Nature Preserve] economically and interfered with distinct investment-backed expectations.\u201d\u00a0<\/p>\n
El Monte Nature Preserve is open to discussing several proposals with the city that could result in a win-win for both sides of the dispute, including a potential partial solution of cleaning out the San Diego River.\u00a0<\/p>\n
The city has denied all of El Monte Nature Preserve\u2019s claims, saying in court documents<\/a> that the company is not entitled \u201cto any relief whatsoever from the city.\u201d The city attorney\u2019s office did not respond to multiple requests for comment.\u00a0<\/p>\n A jury trial is set for Dec. 5.\u00a0<\/p>\n The Man Behind the City\u2019s Oldest Lawsuit<\/strong>\u00a0<\/p>\n This isn\u2019t Bartolotta\u2019s first time facing off against San Diego. In fact, he\u2019s the attorney behind the city\u2019s longest-running lawsuit, which spanned a total of 20 years.\u00a0<\/p>\n The plaintiff in that case was Rocque \u201cRocky\u201d de la Fuente II, a developer who entered into an agreement with the city of San Diego in 1986 to develop a 312-acre plot of land in Otay Mesa.\u00a0<\/p>\n De la Fuente later accused the city<\/a> of sabotaging the project, scrapping plans that he had for the land, like an airport, and rerouting border traffic so trucks clogged the property, which he said ruined the land\u2019s potential.\u00a0<\/p>\n De la Fuente sued the city in 1995 and initially won the case, putting the city on the hook for $154 million. But appeals, more lawsuits and battles in the courtroom continued for years until the two sides finally agreed to a settlement<\/a> in 2015.\u00a0<\/p>\n The settlement called for two of the city\u2019s former insurance carriers to pay $25 million to de la Fuente\u2019s business park and $8.2 million to the city.\u00a0<\/p>\n \u201cThe city is aware of our firm and of me,\u201d Bartolotta told Voice of San Diego. \u201cAnd the city is aware that we don\u2019t file frivolous cases, we take legitimate cases. They should be willing to sit and discuss a resolution with us, we\u2019re willing to talk with the city.\u201d\u00a0<\/p>\n About El Capitan Dam<\/strong>\u00a0<\/p>\n The status of El Capitan Dam is complicated.\u00a0<\/p>\n It goes back to an incident that occurred in Northern California back in 2017. The Oroville Dam spillway disintegrated<\/a>, leading to the evacuation of more than 180,000 people living downstream.\u00a0<\/p>\n That led to new state laws requiring stronger safety standards at California\u2019s dams. Today, the Division of Safety of Dams has water level restrictions on five reservoirs in San Diego County, including El Capitan Dam, where the state has cut the storage capacity by more than half.\u00a0<\/p>\n When the city of San Diego released those six billion gallons of water from El Capitan Dam in 2023, it was to keep water levels low, according to a 2024 report by CBS 8<\/a>.\u00a0<\/p>\n