Item A: Water Quality Waterways Protections

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In addition to acquisition costs, the City would incur the costs of annual monitoring and reporting. The following is an estimated annual cost for performing these services by the City assuming all 513 conservation easements would be acquired: $67,000 to $95,000 Estimated Annual Monitoring and Enforcement Costs: Perspective from Local Land Trust Agencies In researching background information about conservation easements, staff met with experienced representatives from the McKenzie River Trust and had conversations with The Nature Conservancy. Upon learning more about the objective of protecting waterways on 513 properties, and that this proposal fills gaps in an existing regulatory framework, the McKenzie River Trust representatives expressed their opinion that a conservation easement approach would be inappropriate and problematic in this application. The following is a brief summary of those meetings and discussions: ·A conservation easement is a legal agreement between a landowner and a land trust or a governmental agency that permanently limits property rights in order to protect “public value.” ·The value and cost of the easement is directly related to the extent to which property rights are restricted. ·Conservation easements typically involve a specific resource site under single ownership involving a willing seller who shares the public value for protecting the resource. ·People are typically motivated to grant conservation easements by their desire to protect their property from unwanted development while at the same time retaining ownership of their land. By granting a conservation easement, a landowner can assure that the property will be protected in perpetuity, regardless of who owns the land in the future. ·While financial gain is not typically the primary motivation for granting a conservation easement, easements that are donated can reduce estate taxes and property taxes. ·Monitoring and enforcing conservation easements can be problematic for situations involving property owners who do not share the value of protecting the intended resource. ·For programs aimed at achieving protections in urban areas affecting numerous parcels, the conservation easement approach is not likely to be an effective protection tool for a variety of reasons: >Timing: given the timeframe needed to negotiate and fund each easement, implementation will occur over time putting resources at risk of being developed and impacted; >Protection Gaps: there will likely be unwilling sellers which could result in a scattering of protections versus an approach where all parcels along waterways are protected from a given point in time; and >Cost: assuming funding is available, acquisition and on-going inspection, reporting and enforcement costs will be high. ADDITIONAL BACKGROUND Drivers for Proposed Water Quality Protected Waterways Eugene’s waterways are part of the larger Willamette River watershed system that provides many beneficial uses such as recreating, fishing, irrigation, and drinking. The main stem of the Willamette River flows through Eugene for approximately six miles. Surface runoff from Eugene’s urban growth boundary is conveyed to the Willamette River, either via direct outfalls, or via a combination of pipes and open waterways, including Amazon Creek, Willow Creek, the Amazon Diversion Channel, the A3 Channel, Fern Ridge Reservoir, and the Long Tom River. These waterways do not meet water quality Z:\CMO\2009 Council Agendas\M090128\S090128A.DOC