Item B: EWEB Water Rights - Laserfiche WebLink

Home Browse Search

ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Eugene Water & Electric Board Sale of Water to Veneta Meeting Date: June 28, 2010 Agenda Item Number: B Department: City Manager’s Office Staff Contact: Brenda Wilson www.eugene-or.gov Contact Telephone Number: 541-682-8441 ISSUE STATEMENT Eugene Water & Electric Board (EWEB) entered into a contract to sell water to the City of Veneta. EWEB has filed a lawsuit asking the court to declare that EWEB has independent authority to enter into that contract without City Council approval. The primary issue for the council to consider is how to respond to the proposed sale of water to Veneta. BACKGROUND Section 44(3) of the Charter provides that EWEB shall operate the water utility and electric utility of the City “subject to control by the council of extension of water service.” Section 2.212 of the Eugene Code provides, in part, that the “city, including EWEB, shall not provide water, water service or sewer service outside the city limits except as authorized pursuant to the city charter, this code, and adopted resolutions.” Late last year, EWEB informed the City Manager about EWEB’s interest to sell water to Veneta in order to certify part of EWEB’s third water right and to help ensure that the water in this water right would be available to Eugene residents in the future when needed. In mid-April, EWEB and the City of Veneta signed a water-sale contract. EWEB then submitted the contract to the Lane County Circuit Court for validation. On May 12, 2010, the council was presented with background information on the water sale and the court process. The council raised many questions about the sale and the certification/perfection of water rights in general. Accordingly, the council directed staff to schedule (1) a joint meeting with the EWEB Board of Directors before the council takes up this issue for decision; (2) a public forum, with EWEB’s involvement, in order to provide information to the public about the proposed sale of water; and (3) following that forum, a public hearing on EWEB’s proposed sale of water to Veneta. In order to provide more time for the process directed by the council, EWEB filed for a 30-day extension of time in which to file an appearance in the validation case. The deadline to do so is now June 30, 2010. The joint meeting with EWEB was held on June 7, 2010; the public information forum was held on June 8, 2010; and the public hearing was held on June 14, 2010. Staff has received three sets of public comment: one from Jan Wilson of the Western Environmental Law Center; one from Shawn Boles, Howie Bonnett, and Dave Funk, and one from EWEB. Those documents are attached as exhibits B, C, and D, respectively. Z:\CMO\2010 Council Agendas\M100628\S100628B.doc