A court case that started with a simple water rights claim against the City of Calistoga about a year ago will continue to wind its way through the courts in January.

The plaintiff, Grant Reynolds, filed two additional motions in Napa Superior Court last week.

Reynolds purchased the rights to file suit after the City of Calistoga rejected the original claim filed by Debbie O’Gorman in December 2008.

Reynolds filed one motion for summary adjudication and a second motion to compel the Department of Fish and Game to provide evidence of damage done by the city to Kimball Creek by taking too much water from Kimball Reservoir.

In filing the two motions, Reynolds contends that certain issues are known facts and need not be tried. The motion includes declarations made under oath, excerpts from depositions, admissions of fact and legal arguments.

The filings give the city the opportunity to respond by counter-declarations and legal arguments attempting to show that these issues are “triable issues of fact.”

A hearing is set in Napa Superior Court for Jan. 29. If Reynolds wins, the suit will go to trial March 1, Reynolds said earlier this week.

If he wins at trial, Reynolds claims he would seek Kimball Creek habitat restoration with water flow in the creek year-round, plus damages allegedly caused by the city taking more water from the reservoir than permitted, going as far back as 1954.

The City of Calistoga has maintained that no such violation has ever occurred.

Regarding the motion to compel the Department of Fish and Game to provide material, Reynolds said he hopes to prove the state agency “has not done its job” by failing to protect the Kimball Creek habitat from the city’s alleged over-taking of water.

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