[Vision2020] Things that Make you Go "Hmmm"

[Tom Hansen]

Such as item #7 on the Public Works and Finance Committee's agenda for
Monday (July 27, 4:30-6:00 PM)

7.      Request for Direction Relating to Arbitration Agreement with
Hawkins Companies - Gary Riedner/Randy Fife

On January 30, 2007, the City and Hawkins Companies LLC of Boise, Idaho
(Hawkins) entered into a tentative agreement to settle various water
related issues.  That Settlement Agreement was ratified by City Council on
February 4, 2008.  Part of the Hawkins Settlement Agreement required the
City to make application to the Idaho Department of Water Resources (IDWR)
for a determination that authorizes the City to supply water to the
Stateline Project in Washington.  The City was required to prosecute the
IDWR application with diligence and all reasonable efforts at its sole
cost and expense until it received final IDWR approval which, according to
the Settlement Agreement, means an order or other written determination by
IDWR that constitutes final agency action approving the application and
one which is not subject to any appeal and is beyond the time for filing
any further appeals.  The City made an application with IDWR requesting
the ability to supply the Stateline Project with water on May 29, 2008. 
IDWR is of the opinion that no application can be processed without a
joint powers agreement between a Washington governmental unit and the
City.  The IDWR opinion was based, in part, upon advice given to it by the
Idaho Attorney General's office.  As a result of direction of Council
given in October of 2008, State legislation was proposed which would have
eliminated the need of the City to enter into a joint powers agreement to
supply water to the Stateline Project.  The legislation was unsuccessful. 
Recent communication confirms that the Idaho AG's opinion regarding the
necessity of a joint powers agreement has not changed.

ACTION:  Receive the report and give direction to City Staff.

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The Public Works and Finance Committee consists of council members Wayne
Krauss, Walter Steed, and Dan Carscallen.

Y'all remember Walter Steed.  He's the council member that donated his
time to go down to Boise to campaign for Moscow's right to sell portion of
its water rights the Hawkins Companies, although MOscow's majority opinion
was voiced against such an agreement.

Let's see if Councilman Steed does the right thing and abstains from any
decision-making or if he . . .

Stay tuned, Moscow . . .

Tom Hansen
Moscow, Idaho

"The Pessimist complains about the wind, the Optimist expects it to change
and the Realist adjusts his sails."

- Unknown