Lacey agrees to split costs, benefits of water pursuit with Olympia, Tumwater

This article appeared in the March 6, 2006 edition of The Olympian. While it may be possible to understand the explanation that an eminent domain condemnation is sometimes the only way to go when there's no other option, we see a situation where several other options exist. They tend to involve the issuing of additional water rights for the municipalities. That's something well within the control of the Department of Ecology.

The more we learn about water and water rights in western Washington, the more we find reason to question the Department of Ecology's policies. We've got some experience with this in WRIA 17, and there are many Washingtonians who have had less than favorable experiences with the Department's water rights policies over the past several years.

We're in the right place at the right time. We are involved in the development of a wiser form of instream flow rule, and we are seeing the development of the consequences of poorly conceived instream flow rules and the institutional unwillingness to make water available for people that comes from the Department of Ecology tying its own hands.

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Lacey agrees to split costs, benefits of water pursuit with Olympia, Tumwater

BY CHRISTIAN HILL
THE OLYMPIAN

LACEY — During a seven-minute special meeting today, the City Council approved joining Olympia and Tumwater in the cities’ pursuit for water from the former Miller Brewery.

Council members voted to authorize City Attorney Ken Ahlf to file court documents and join the condemnation proceeding initiated by the city of Olympia three weeks ago. They also approved an agreement under which the three cities will share equally any water they gain from the former brewery.

Olympia and Tumwater are scheduled to approve the agreement Tuesday night.

The council made its decisions with virtually no discussion, but the action follows two weeks of negotiations between staff and elected leaders for the cities. A final draft of the agreement was available to council members for review Friday.

“It looks good to me,” Deputy Mayor Nancy Peterson said.

Under the agreement, the cities will receive one-third of the water they obtain through the condemnation proceeding.

Each city will pay one-third of the costs for attorney fees, testing and appraisal, any water or property they secure through the lawsuit and the process to transfer the water to public use.

Any city can withdrawal from the agreement after giving advance notice. The withdrawing city must pay all attorney fees it is responsible for, and water it would receive would be split between the two remaining partners.

Last month, the city of Olympia initiated the condemnation proceeding out of concern the larger community would lose right to the former brewery’s water.

All American Bottled Water Corp. has owned the former brewery nearly two years and has yet to convert it into a water bottling plant. The company owners owes millions to contractors and for back property taxes.

Under state law, a water holder gives up its rights to water after five years of non-use.

Tumwater responded by filing a motion to intervene to protect the city’s interests.

The court will determine whether the cities or the current owner are best positioned to use the water “for the greatest public benefit,” according to the law. The cities would be responsible for paying the property owner “just compensation” for the water rights and associated property.

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