A discriminatory clause remains in place from 20 years ago, but is now fine-tuned allowing Plymouth to sell water to the Amador Water Agency.

Amador County deeded the Arroyo Ditch to Plymouth in 1989, but contract language of the time was later judged to be ambiguous. On top of weeks of recent closed negotiations between Plymouth and Amador, an hour of public wrangling was done Tuesday to craft language that not only locks in the county's long-standing no-casino-water dictate but also frees Plymouth to profit from sales to its expected best customer, the local water agency.

Under the old agreement, the city itself was barred from selling ditch water to a casino operator, but a loophole existed.

Facing the county Tuesday was the specter of Plymouth selling ditch water to a third party who would in turn sell it to supply a new casino in Amador County. The county wanted the loophole closed, and originally seemed to want responsibility for that to rest entirely with the city.

"Intermediaries - we don't control their conduct," protested Plymouth City Attorney Steve Rudolph. "As it relates to what other purveyors do, we feel the language is too restrictive."

District 2 Supervisor Richard Forster said, "That takes the guts out. You could always turn around and blame somebody else."

Amador Water Agency currently serves the Jackson Rancheria Casino and Hotel.

District 1 Supervisor John Plasse acknowledged that for that reason, without amendment, the contract barred Plymouth from selling water to the water agency. Compromise language now bars the city from selling to any third party to serve any casino not in existence at the time of the amendment without the written consent of Amador County.

Remarks by Plymouth Mayor Jon Colburn served to raise the question of the contract's discriminatory intent. He said Amador Water Agency declined to adopt any similar language in dealings with the city, citing "required-to-serve" clauses in state law.

Built more than 100 years ago, the 17-mile, mostly open-air and dirt-bottomed Arroyo Ditch was originally used by miners to supply a growing population. Now refurbished, it is expected to supply Plymouth with 22,000 acre-feet of water annually, enough to flood 22,000 acres a foot deep.