CLINTON -- Fernando Orosco has periodic flooding in his basement. Orosco claims that, based on lab testing, the water is culinary water, which he suspects is coming from a Clinton city water leak.
But after spending a lot of time and money trying to identify a source of the flooding, city officials claim the floodwater in Orosco's basement, 1242 N. 900 West, isn't their water, but likely stems from a high water table in the area.
The fight between the two parties -- ongoing since 2004 -- found new energy Feb. 28, when Orosco appeared before the Clinton City Council and requested that city leaders solve the problem to save water and to prevent any future property damage to his home.
"Every year, it has gotten worse," he said of the flooding, that on three occasions has forced him to rip up his basement carpet.
He said he is leaving his basement floor uncovered until the problem is resolved.
Reading from a prepared text, Orosco addressed the council for 30 minutes, asking that they spend money to fix the problem for him and his neighbors.
Complicating this particular issue, however, is that, in 2009, Orosco filed suit against the city, in 2nd District Court in Farmington, for the flooding that affected his home.
That suit was dismissed in 2011 by a judge, because it had not been filed within a year of the initial damages being claimed.
Orosco is now appealing that ruling to the Utah Supreme Court, asking for an unspecified amount of damages, court costs, legal fees and personal "anguish."
Because the case is now in legal limbo, city officials are reluctant to comment on Orosco's claims.
"We have done everything we can to identify that it is not a city culinary water leak causing his problem," said Clinton Mayor Mitch Adams.
He said he could not say much more than that because the issue has been turned over to legal counsel.
Clinton City Manager Dennis Cluff said it would be "inappropriate" for him to make any comment regarding the matter until the legal issues involved with the resident's claim reach some resolution.
But during the meeting in which Orosco spoke to the council, Orosco did become upset with Cluff, saying Cluff was doing nothing but sweeping "the problem under the rug."
The verbal exchange between Cluff, who is denying such claims, and Orosco was broken up by Adams, who allowed Orosco to speak for a few more minutes, before giving Cluff the chance to respond.
Cluff said at the meeting he would not be making a statement, as the lawsuit Orosco has filed against the city is in limbo of some sort.
During the meeting, council members were advised by staff not to make comment.
Orosco said he wants the city to fix the leak, repair his damages and make certain the foundation of his house, which he built in 1996, remains sound.
Standard Examiner correspondent Anita Kersey contributed to this article.