"The NPS did not admit liability for any of the sewage discharges alleged by UA to be unlawful, and contends that NPS has done all in its power to prevent sewer outflows," the settlement reads.

The timeline for the agreement is as follows:

• By May 1, 2002, NPS will complete the cleaning and inspection of the entire El Portal Wastewater Treatment Facility sewer line collection system.
• By August 1, 2002, NPS will also finalize the capital improvement for the sewer system.
• By April 28, 2003, NPS will complete all emergency repairs identified by means of the cleaning and inspection of the sewage system.

The parties acknowledged that all funding for these actions would be subject to approval of the needed $12,000,000 by the United States Congress.

In settlement of UA's claim for an award of the costs of litigation, the federal government agreed to pay $33,261.05 to the law firm. All of these fees will go to Beaven's widow and her family.

"The current system is an old sewage treatment settlement system set up in the 1920s - it's about time for a revamp," said Ward. "With the improvements and testing specified in the settlement, it greatly lessens the chances of sewage spills like those that devastated the river in 2000. It's a perfect settlement - and we don't have to spend years in court to see the sewage problem on the Merced resolved."

Ward is going to ask the Regional Water Quality Control Board to oversee the enforcement of the agreement.

The original spill that prompted the complaint was on July 27, 2000, when over 200,000 gallons of raw sewage spilled into the Merced. According to the NPS, a blocked pipe at the El Portal facility caused sewage to back up overnight and spill into the river as they conducted a test on a new sewer line.

On August 11, 2000, United Anglers gave the NPS a 60 day notice of their intent to file proceedings in federal court requiring them to comply with the clean up order issued to the federal agency by the California Regional Water Quality Board on August 3.

At the time, Beaven told the NPS, "your agency has been involved in persistent and ongoing violations of the overflow of fecal coliform to the Merced River. You are in violation of the overflow discharge prohibitions and the receiving water limitations for fecal coliform. You are also in violation of provisions prohibiting obstruction of sewers leading to your facility."

Because of fecal coliform bacteria pollution, the Mariposa County Department of Health Services, after conducting tests of river water, temporarily closed the river approximately one mile from the Foresta Bridge to Matterhorn Beach. Fortunately, no dead fish were observed by DFG biologists or wardens in the river below the spill.

The Merced from El Portal to Lake McClure is a better trout fishery than nearly any one found in Yosemite National Park itself. Although The DFG plants catchable rainbow trout in the campground areas, the vast majority of the fish in the river are wild rainbow or brown trout. The trout are typically in the 14 to 18 inch range, with a good mixture of larger fish in the 18 to 24 inch class.

The wild trout fishery of the Merced River now has a much healthier future, due to the efforts by Larry Ward, Allen Beaven and Joseph Tobacco, who wrapped up the successful settlement.

"Allen Beaven was the architect of this agreement and I was just the administrator who finished it up, so all of the credit goes to him," emphasized Joseph Tobacco. "The resolution of this case is a lasting tribute, a living memorial to Allen's work. It is ironic that he won't be able to see his legacy in the clean water flowing down the Merced. In prosecuting Clean Water cases, Allen always picked realistic objectives to get the cases resolved, rather than making big headlines with big lawsuits."

Hopefully, the National Park Service will abide by the agreement and none of the sewage spills that have plagued the pristine river in recent years will occur again. For more information about United Anglers of California, call (408) 371-0331.