Clackamas R. water rights in dispute

Several years ago - well before the 2012 election for a mayor and 3 city councilors, sharp-eyed citizens were actively pointing out that there were problems with the Lake Oswego-Tigard Water Treatment Partnership (LOTWTP).

• Estimated costs ballooned from $90M to $250M
• LO sold its sole interest in the water treatment plant and is now be only a partner in the new one without complete say in how it is run
• LO overstated its need for additional water by using badly concocted consulting reports that did not take into account conservation measures or adjusted growth figures 
• Lake Oswego residents could not afford the high water rates that the project would require
• LO sold its interest in some of its water rights for the future - will this help or hurt when final effects of the lawsuit play out?

Added to citizen objections, the group Waterwatch filed a lawsuit to limit water taken from the Clackamas River to protect wild fish during summer low flows.  That lawsuit has been in the judicial system for some time. On Monday a decision was rendered, and it is not good news for the LOT Partnership.  

What now?

Oregon Court of Appeals sides with salmon in lawsuit over Clackamas River water use
The Oregonian, January 6, 2015  By Kelly House

The Clackamas River east of the Carver Boat Ramp. The Oregon Court of Appeals has ruled too much of the lower Clackamas River's water is being diverted for human use. (Brent Wojahn/ The Oregonian)

The Oregon Court of Appeals has ruled that the state Water Resources Department failed to limit the amount of water cities and water districts can draw from the lower Clackamas River so that there would be enough water left in the river for threatened and endangered salmon.

The ruling handed down last week says the withdrawals permitted by the department were not supported by evidence or reason. The court sent the permits back to the department to be revised.

The permits are held by the city of Lake Oswego and water districts serving people in Oregon City, West Linn, and northern Clackamas County.

Attorney Lisa Brown of the conservation group WaterWatch, which brought the lawsuit, says there is plenty of water to draw on in the area without threatening salmon.

--The Associated Press

Other Links:

Waterwatch

Appeals Court Delivers Victory for Clackamas River Salmon and SteelheadOpinion Requires State to Maintain Flows Needed for Imperiled Fish

Oregon Department of Justice
Waterwatch of Oregon, Inc., Petitioner, v. Water Resources Department, a state agency;


From the LOCAL website:
Lake Oswego Tigard Water Partnership
Did you know...that the Inter-Government Agreement for the Lake Oswego Tigard Water Partnership (LOTWP) was signed in 2008, under Mayor Judie Hammerstad, with an original cost estimate of $90 million, which ballooned to $250 million during Mayor Jack Hoffman's administration?

In November 2012, Lake Oswego elected a more fiscally responsible majority to the City Council. While exiting the very costly project was an obvious solution, the original inter-governmental agreement signed during Mayor Hammerstad's term contained very expensive penalties preventing Lake Oswego from exiting the agreement. 

In 2013, Mayor Kent Studebaker and the new Council did renegotiate the cost sharing agreement to reduce the Lake Oswego capital cost by $20 million by reducing Lake Oswego's share of the water.

City staff now estimate the total cost of LOTWP at $254 million--as reflected in your water bills.

Why Is This Important?
The costs of this very expensive project were put in place by previous City Councils and are now hitting citizens' water bills. The efforts of the current City Council have served to slightly reduce projected on-going cost increases but it is the decisions of past administrations that have left citizens with huge water bills to cover the costs of this super-sized water plant.