A MULTI-BILLION-dollar lawsuit is set to become the next chapter in the January 2011 flood saga after a crucial US Government report backed the actions of the four flood engineers who controlled Wivenhoe Dam.
The report - by the Department of the Interior and the US Army Corps of Engineers - has warned the massive dam sitting above Brisbane is far more lethal than previously believed, and further re-inforced previous criticism of the dam's manual.
But it strongly backed the actions of the four dam engineers who were repeatedly accused in the $15 million flood inquiry of mismanaging the dam and confecting a fraudulent report to cover their tracks.
The report is a potential blow to flood victims seeking compensation but lawyers are determined to proceed with legal action, with thousands of claimants signed up to a class action demanding billions of dollars in compensation.
The State Government has refused to concede it will negotiate on compensation payouts, effectively telling flood victims: "see you in court".
Previous Labor premier Anna Bligh indicated the government and dam operator Seqwater would behave as a model litigant, potentially negotiating some compensation claims.
But Premier Campbell Newman refused to reveal his hand yesterday, saying those who wanted to pursue compensation had their rights.
"People who have a complaint, they will have to look at these things and make a judgment, it is a free country," he said.
Mr Newman also ruled out reducing the dam to 75 per cent capacity to increase the flood compartment after weather forecasts predicted an average rainy season.
The weather bureau says widespread floods probably won't occur because the La Nina weather pattern that brought heavy downpours in recent years has finally broken up.
"At this stage there will be no draw down to 75 per cent because they're not forecasting large rain events or consistent rain events," Mr Newman said.
Maurice Blackburn Lawyers says the number of people with a "complaint" was now approaching 5000 and yesterday's report was immaterial to their case, which is that the dam was filled with too much water before operators went into a panic and emptied it.
Maurice Blackburn principal Damian Scattini said international experts were preparing their own reports on the flood event.
"This (American report) has no bearing on what we are doing," Mr Scattini said.
Three of the engineers, John Tibaldi, Rob Ayre and Terry Malone, were cleared of any wrongdoing by the Crime and Misconduct Commission last month.
The American report was definitive in its findings that the men performed well in the critical early days of January 2011 when Wivenhoe filled to capacity and was in danger of collapse.
"Their decisions were prudent and showed considerable insight into the precision and accuracy of available hydrometeorological information," the report said. Alternative operation could have been used, however. "Without the benefit of perfect foresight, there still would have been a risk that the outcome could have been worse as well as better.
"It is unlikely that reasonable alternative operations would have made a significant difference in peak flows for an event of this magnitude," the report said.
The US review fulfils a key recommendation by the flood Inquiry - that an independent person or organisation review Seqwater's flood event report, authored by the engineers.
While the flood inquiry was highly critical of what it believed to be a deeply flawed report, the Americans were clearly impressed by the document.
"The substantial amount of data and level of detail provided in the six-week allotted timeframe is exceptional," it said.
The Americans also have highlighted the ongoing dangers of having a massive body of water stored above the state capital.
The collapse of dams walls at either Wivenhoe or Somerset would lead to substantial loss of life in the southeast, the report said, but added: "It is acknowledged that updated risk assessments are currently under way for both Somerset and Wivenhoe Dams."
Engineers Australia Queensland president Steven Goh said after an exhaustive review process it was clear the Wivenhoe dam engineers had performed their jobs well.
"It is clear that the professional engineers involved performed their role admirably under trying circumstances and that Wivenhoe Dam achieved its function of mitigating the effect of the floods," Mr Goh said.
"Their commitment to the community they serve cannot be questioned."
25.9.12
