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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: Eugene Water & Electric Board Water Rights Meeting Date: June 9, 2010 Agenda Item Number: 3 Department: Central Services Staff Contact: Brenda Wilson www.eugene-or.gov Contact Telephone Number: 541-682-8441 ISSUE STATEMENT This public hearing is to provide the Eugene City Council (council) an opportunity to hear from the public on Eugene Water & Electric Board’s (EWEB) water rights issues and the proposed sale of water to the City of Veneta. BACKGROUND 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. While the council appeared to support the certification of EWEB’s third water right, many questions were raised 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. A public information forum was held on June 8, 2010, in the Council Chamber. Presenting information about EWEB’s water rights and the sale of water to Veneta were Brenda Wilson, Intergovernmental Relations Manager for the City of Eugene; Brad Taylor, staff engineer for EWEB; and Ric Ingham, City Manager for Veneta. After the panel presentation, the floor was opened up for questions and comments. At least three people commented that the certification of the water right and the sale of water to Veneta were actions they would support. Gary Wildish stated he thought it was a “win-win” situation with others in the audience nodding. Jan Wilson, attorney for the Western Environmental Law Center noted that she was representing the three interveners in the contract validation process. She asked several questions regarding EWEB’s Z:\CMO\2010 Council Agendas\M100614\S1006143.doc