Item B: EWEB Water Rights - Laserfiche WebLink

Home Browse Search

3. Support this particular proposed sale of water (i.e., to Veneta). If the council chooses this option, staff will present to the council a resolution authorizing the proposed sale, and then argue to the court that the contract is valid because the council approved the proposed sale. 4. Oppose the sale of water to Veneta. If the council chooses this option, the City will intervene in validation proceeding and argue that the City Charter grants to the council, rather than EWEB, the authority to decide to sell water outside the City’s limits. 5. Take no position on the sale of water or the Charter question. If the council chooses this option, the City will not participate in the validation proceeding, leaving it to the parties already part of the validation proceeding to litigate those issues. CITY MANAGER’S RECOMMENDATION The City Manager continues to believe that it is in the City’s interest for EWEB to perfect the third water right; however, the City Manager believes the Charter authority question should be answered first and therefore recommends Option 1. This would provide more certainty to both EWEB and the City of Eugene. SUGGESTED MOTION Move to direct the Manager to intervene in the validation proceeding and argue that the City Charter grants to the council, rather than EWEB, the authority to decide to sell water outside the City’s limits. ATTACHMENTS A.Responses to Questions from Council – Updated June 29, 2010. B.Testimony from Jan Wilson, WELC and copy of Notice of Appearance and Motion to Intervene C.Testimony from Shawn Boles, Howie Bonnett, and Dave Funk D.Testimony from EWEB FOR MORE INFORMATION Staff Contact: Brenda Wilson Telephone: 682-8441 Staff E-Mail: brenda.s.wilson@ci.eugene.or.us Z:\CMO\2010 Council Agendas\M100628\S100628B.doc