Item B: EWEB Water Rights - Laserfiche WebLink

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EWEB's sale of water to Veneta is not an exception to Sections 9.8115 to 9.8121 as those Sections do not apply to EWEB's sale of water to Veneta. Rather, those Sections apply to extensions of water (or sewer) service to individual properties. One of the approval criteria, for example, is that the “applicant has entered into an annexation agreement on forms provided by the city pertaining the property proposed to be served or will enter into such an annexation agreement as a condition of approval.” Wholesale delivery of water to another municipality couldn’t qualify under this provision because those properties could not annex to Eugene. Other requirements in those sections also assume that the extension of water (or sewer) service is for individual properties – for example, by requiring notice of the application to be provided to owners of properties located within 750 feet of property to be served. Section 2.212 also specifically notes that “extension of water service or sewer service” shall be processed as provided in section 9.8115 to 9.8121 of the code, but does not state that those provisions govern the extension of “water” outside city limits. Instead, the city attorney believes that section 2.212 requires that such an extension of “water” outside city limits (for example, to a special district or municipality) be approved by Council resolution. 9. How many water rights on the McKenzie are junior to the 1961 EWEB water right permit? There are a total of 208 water rights on the McKenzie River which have been permitted and/or perfected on the river since 1961, with 2 new water right permit applications currently pending. These rights total 2,679 cubic feet per second (cfs). Six of these permits are in- stream water rights protecting 2,430 cfs. Two of these permits are municipal rights including 35.9 cfs for SUB who has not begun to use the water under the permit yet. This means that if EWEB got back in line to apply for another water right permit – assuming that is even possible – there would be 208 water right permits that would have seniority to EWEB. 10. When did EWEB apply for the latest extension? EWEB applied for an extension on the 1961 water right permit in 2003. The extension application is currently on hold to allow EWEB to update the application materials, since things have changed since 2003. One item EWEB is updating is the projection in order to justify the length of time requested in the extension application (EWEB expects to request an extension period beyond 70 years). It should be noted that as part of the extension process, EWEB will have to submit a new Water Management Conservation P which identifies “green light” water for needs out to 20 years. The rest of the water that sits between 20 years and the length of extension gets a “red light” status. This brings in another layer of risk and complexity to the discussion and requires a thorough understanding of OAR 690-86. 11. Will the sale of water to Veneta be used as part of EWEB’s justification for the extension? YES. EWEB would use the sale of water to Veneta to help justify the extension request since under the construction plan, water could be delivered to Veneta by 2014. That delivery of water could help show that EWEB is moving towards certification of the first 25% of the 1961 water right. 3