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03/09/2005 - Packet n Completeness Review for Boards, Commissions and Committee Records CITY OF TIGARD Intergovernmental Water Board Dame of Board, Commission or Comnuttee M6 ,-c A ? . 2� Date of Meeting To the best of my knowledge this is the complete meeting packet. I was not the meeting organizer nor did I attend the meeting; I am simply the employee preparing the paper record for archiving. This record came from Greer Gaston's office in the Public Works Building. Kristie Peerman Print Name 51 Signature Date I Intergovernmental Water Board Meeting Serving Tigard, King City, Durham and Unincorporated Area AGENDA Wednesday, March 9, 2005 5:30 p.m. 1. Call to Order,Roll Call and Introductions Motion to call meeting to order,staff to take roll call. 2. Approval of Minutes—November 10, 2004 Motion from Board for minute approval. 3. Selection of Officers-Chair and Vice Chair(10 minutes) 4. Regional Water Supply Plan Update-Dennis Koellermeier&Lorna Stickel(30 minutes) 5. Committee for Citizen Involvement Update—Duane Roberts(10 minutes) 6. Long Term Water Supply Update—Dennis Koellermeier(1 S minutes) 7. Informational Items—Dennis Koellermeier Items will be discussed briefly if time allows—otherwise printed info will be distributed. 8. Public Comments Call for any comments from public. 9. Non Agenda Items Call for non-agenda items from Board. 10. Next Meeting- Tuesday,April 12,2005, 6:30 p.m.—Joint Meeting with Tigard City Council, Town Hall 11. Adjournment—Approximate Time 7:00 p.m. Motion for adjournment. A light dinner will be provided. Executive Session: The Intergovernmental Water Board may go into Executive Session under the provisions of ORS 192.660(1)(d), (e), (/)&(h)to discuss labor relations,real property transactions,current and pending litigation issues and to consider records that are exempt by law from public inspection. All discussions within this session are confidential;therefore nothing from this meeting maybe disclosed by those present. Representatives of the news media are allowed to attend this session,but must not disclose any information discussed during this session. Intergovernmental Water Board Meeting Minutes March 9, 2005 Members Present: Patrick Carroll, Dick Winn, Janet Zeider (TWD), and Bill Scheiderich Members Absent: Tom Woodruff Staff Present., Dennis Koellermeier, Duane Roberts and Twila Willson Visitors: Lorna Stickel and Paul Owen 1. Call to Order, Roll Call and Introductions The meeting was called to order at 5:32 p.m. 2. Approval of Minutes—November 10, 2004 Commissioner Dick Winn motioned to approve the minutes, Commissioner Patrick Carroll seconded the motion, and the vote was unanimous to accept the minutes as presented from the November 10, 2004, meeting. 3. Selection of Officers— Chair and Vice Chair Board discussion resulted in the unanimous decision to keep the same officers. Chair—Commissioner Bill Scheiderich Vice-Chair— Commissioner Patrick Carroll Agenda Items #4 and #5 were reversed: 5. Committee for Citizen Involvement Update— Duane Roberts Duane Roberts, Long Range Planning, was representing the Committee for Citizen Involvement (CCI). City Council has suggested that all active boards and committees should appoint a representative to serve on that committee, which presently is comprised of four members. The committee meets every two months and has focused on establishing broad public involvement. The Council wants neighborhood structures established, who would then be able to have representatives. Commissioner Bill Scheiderich volunteered to represent the IWB at the CCI meetings. 4. Regional Water Supply Plan Update—Dennis Koellermeier& Lorna Stickel Mr. Koellermeier introduced Lorna Stickel, Water Resources Manager with the City of Portland and staff member to the Regional Water Consortium. Lorna gave a PowerPoint presentation as update to the Regional Water Supply Plan (RWSP) and IGA changes. Intergovernmental Water Board March 9,2005 DRAFT 1 As a brief history: • Consortium established in 1997. • First regional water supply plan adopted in 1996. • Columbia Water Conservation added. Emergency Management plans. • IGA states that plan will be updated every five years. • Update process began in 2001, financed by a two year special assessment. • Project carried over into third year. • Board presented with key findings in June 2004. • Draft document presented in September 2004 and approved in December 2004. • Contracts with several consulting firms: EES for source review, PMCL for conservation program analysis, Gary Fiske for integration Updated plan consists of: 1- Introduction -sets frame for update process, documents change in emphasis for the planning role of the RWSP and Consortium 2- Water demand forecasts -details of methodology, charts for each member with peak day, season and average demands annually, forecasts show increases, per capita decreases 3- Conservation - programs, spreadsheet model evaluating program costs and savings, sets of programs selected by each provider to meet their unique needs, overall savings estimated to be 19.3 mgd for peak season by 2025 4- Source Options - revised the base case and committed near term sources based on provider information and master plans, evaluated source options for the update to include Bull Run, Clackamas, Columbia, Trask/Tualatin, Willamette Rivers and ASR, wellfields and local smaller sources, updated hydrology, water rights, costs, and ratings for sources, prepared new transmission linkage 5- Modeling - described confluence model methodology, listed base case supplies, conservation program savings, and the five strategies evaluation: base case, Hagg Lake raise, Clackamas River, Bull Run Source development emphasis, limited expansion of local projects, results displayed for ability to meet future demands for region 6- Revised RWSP Strategies- contains revised set of policy objectives, integrates the source water protection and transmission/storage strategies adopted by the board, conservation strategy, non-potable water sources, source options listed in detail as new potential sources, emergency preparedness role, consortium planning functions to support local decision making, role of the consortium and Metro, changing the update period to 5-10 years as needed in proposed IGA amendments. The report also reviewed the Willamette River as an option. Process for IGA Amendments • board recommends approval of amendments • copies sent to all entities • response needed by June 2005 Consortium budget is adopted annually. Tigard's dues are $21,000 and will increase $500+. Intergovemmental Water Board March 9,2005 DRAFT 2 Mr. Koellermeier did not bring a copy of IGA, but will send it in the next packet to IWB members for review and to make recommendations at the next meeting. 5. Committee for Citizen Involvement Update— Duane Roberts (Covered above) 6. Long Term Water Supply Update— Dennis Koellermeier Mr. Koellermeier stated that the media has been going wild with reports of drought possibilities. Tigard does have a summer supply plan, but we are unable to get viable weather information for more than two months in the future. Tigard continues to try to get others to understand how the water system works in the area. Spring rains feed the water system. The Bull Run is at its usual level now of 92% full. Expectations are that we will be getting adequate spring rains to keep the water systems in good condition. Bull Run System — May to mid-July they use impounded water to meet the demand, called a draw down period. Three scenarios are plotted by Portland, which triggers when other sources will be drawn on for use. Portland has been convinced that doing a blend of waters earlier than usual is better. Well water is harder, but potable in quality. Hagg Lake and Barney Reservoir— Hagg Lake is down, Barney Reservoir is on schedule. Tigard got 4 mgd from the JWC last year. Plans for this year— look at our historical usage. To avoid minimum purchase penalties with Portland, Tigard will take water from them first and lease water from JWC members. Because of current weather conditions, we are securing more than 100% of the water we need and planning for 102-114% of what we need. Tigard is adding Lake Oswego to the water supply source, which is different than the recent past. They have surplus water and it will cost us about the same as JWC water. We will receive Lake Oswego water supply for next year at 2.5 mgd. Mr. Koellermeier said he was fairly sure all our bases were covered for summer weather peaking issues. The last time we had a drought we made great conservation steps. Many people are talking about the water situation now and will hopefully be cautious with water usage early on. If the entire region gets into a supply problem, all the entities work together to resolve the shortage. (No outside watering, no car washing, etc., would be steps taken first.) Educating the public brings the best results for the money. 7. Informational Items— Dennis Koellermeier 8. Public Comments - NONE 9. Non Agenda Items Intergovernmental Water Board March 9,2005 DRAFT 3 10. Next Meeting - Tuesday, April 12, 2005, 6:30 p.m. — Joint Meeting with Tigard City Council, Town Hall At the joint meeting with Council, staff will be bringing in Murray Smith and Associates and present a mini water supply course to educate the new council members. There will not be a regular IWB meeting during April, however the board will meet jointly with the Tigard City Council. The board decided they would make a decision on the IGA in May. 11. Adjournment—Approximate Time 7:00 p.m. The meeting adjourned at 6:50 p.m. Intergovernmental Water Board March 9,2005 DRAFT 4 Intergovernmental Water Board Meeting Minutes November 10, 2004 Members Present: Patrick Carroll, Dick Winn, Brian Moore, Norm Penner, and Bill Scheiderich Members Absent: None Staff Present: Dennis Koellermeier and Twila Willson Visitors: Dave Austin (Director, WCCCA) 1. Call to Order, Roll Call and Introductions Commissioner Patrick Carroll called the meeting to order at 5:32 p.m. Bill Scheiderich arrived late at 5:34 p.m. and then took over as chair of the meeting. 2. Approval of Minutes—September 8, 2004 Commissioner Dick Winn motioned to approve the minutes, Commissioner Norm Penner seconded the motion and the vote carried with a majority vote to accept the minutes as prepared for the September 8, 2004, meeting, with Brian Moore abstaining. 3. Authorization to Post IWB Minutes on Webpage Dennis Koellermeier reported that staff currently posts minutes of City Boards and Commissions on the City's website to notify the public of informational items. The IWB minutes have not been posted because it was not a City Board or Commission, however adding the minutes to the IWB webpage would be in keeping with consistent standardizing of the practice. Currently meeting schedules and agendas are posted on the IWB webpage. Mr. Koellermeier suggested adding the minutes as well. The Board agreed with the suggestion. Staff will begin posting meeting minutes starting with the current minutes, but will not add past minutes. 4. Discussion of Canterbury Tower Rental Agreement with WCCCA -Dave Austin Mr. Koellermeier summarized the steps taken in working with WCCCA to locate an emergency services communications tower at the Canterbury property site. Authorization was previously given for WCCCA to proceed with the land use process, which has since been granted. Lease agreement details are now being reviewed. A letter from Dave Austin, Director of WCCCA, was distributed to the Board for review. Mr. Austin explained that WCCCA is made up of eighteen government agencies in Washington County. The agency provides 9-1-1 and non-emergency call-taking and Intergovernmental Water Board November 10,2004 DRAFT 1 dispatch services to the eighteen emergency service agencies. The original services were built in 1992 and barely satisfied the needs for services at that time. In 2000 citizens voted to fund an expansion and an upgrade of facilities, including the addition of several new sites. Locating sites has been challenging and Mr. Austin thanked the Board for allowing WCCCA to locate a tower on the Canterbury site. WCCCA will now have twelve tower locations throughout Washington County to meet emergency service communication needs. Most of the sites are located on publicly owned property with lease agreements negotiated at $1.00 annually. If a commercial opportunity is received (i.e., Nextel, Verizon, etc.) to share the tower, WCCCA will share the revenue received. Mr. Koellermeier reported that initial discussion of lease negotiations took place before he or Mr. Austin became involved and the proposed lease was for a $1,000 - $5,000 per year. The concept for selecting that amount was that the water district owned the property and it was appropriate to get a return. The Board discussed and agreed that it did not make sense to transfer money from one government agency to another and settled on a $1.00 lease fee. At the pleasure of the Board, a lease agreement would be drawn up. The City of Tigard Public Works Department has not upgraded to the WCCCA 800 MHz system, but it is a change that will have to be made. WCCCA has pledged to work with Tigard to migrate the Public Works Department to the 800 system, which is important in emergency service communication. Currently Public Works cannot communicate with Police or other area agencies because they use differing systems. This upgrade will begin to be addressed in the coming year's budget plans. Mr. Austin reported that many police and fire administrations in the county area will get new mobile radios as well as hand-held radios in conjunction with the Homeland Security upgrades. He has talked with some of the larger users that are affected and will be able to arrange for redeployment of those radios being replaced, which would be helpful to Tigard achieving their goal to upgrade the current systems. The issue of security at the tower/water facility location was discussed. Mr. Koellermeier reported that Tigard took the opportunity to establish separate accesses at the location and created a fence within a fence for separation and greater security. 5. Long Term Water Supply Update— Dennis Koellermeier Mr. Koellermeier reported that many of the things that were happening are not at the reportable stage. The Portland Contract will be a large issue in January meetings. The negotiations are moving along well. There will not be a huge savings financially and some strings are attached. The Tigard Water Service Area is a member of the Regional Consortium who has been involved with a Regional Water Supply Plan Update. The update will be presented, discussed and voted on during the first quarter of 2005. Intergovernmental Water Board November 10,2004 DRAFT 2 The proposed Portland Contract will allow for a period of time to review the contract before signing it. Most of the west-side providers are focusing on one year to make the decision to sign. That time would allow time for comparisons to other sources. ASR - Still moving towards construction of a 2.5 mg well at the 10 mg well site and working through equipment/machinery issues for the site. It is estimated Tigard will be able to produce groundwater from the well starting July 1s' and begin injecting water into the well next fall. Staff is also focusing on where to place the next exploratory well. 6. Informational Items— Dennis Koellermeier Staff has requested the annual review of Credit for Water Leak Rate to be increased from $1.09 to $1.11. The rate is used to determine credit adjustments and is based on the highest water rate we are charged from who we purchase the water from. The Board briefly discussed the issue, motioned and voted unanimously to accept the increased rate of $1.11. Mr. Koellermeier reported that Tom Imdieke has also been researching credit policies with other agencies. He will be reporting his findings in January. January will also be the time for nominations for the Member-at-Large position and the chairmanship position and Bill Scheiderich requested this be an agenda item. Brian Moore has reached the end of his term; he will be recommending that his alternate, Sydney Sherwood, should take over as his position on the Board. 7. Public Comments - NONE 8. Non Agenda Items - NONE 9. Next Meeting- Wednesday, January 12, 2005, 5:30 p.m. — Water Auditorium The joint meeting with the Tigard City Council will include an introduction to the Portland Contract (the official presentation from Portland will not be until the February meeting) and a general update of all water sources. Mr. Koellermeier said it would not be a critical meeting to attend, but would give board members an opportunity to meet the new Councilors. 10. Adjournment—Approximate Time 7:00 p.m. The meeting adjourned at 6:19 p.m. Intergovernmental Water Board November 10,2004 DRAFT 3 Sign-in Sheet for Intergovernmental Water Board Meeting March 9, 2005 Name (Please Print) Do you want to speak to the Board? 4,C) L U CC[k 6C) "IV/(U INTER-GOVERNMENTAL AGREEMENT OF REGIONAL WATER PROVIDERS CONSORTIUM 1 TABLE OF CONTENTS Section1. Definitions .........................................................................................................2 Section2. Purposes ............................................................................................................3 Section 3. Endorsement of Regional Water Supply Plan .......................................4 Section 4. Cooperation and Participants' Retained Powers ...............................................4 Section 5. Consortium Authority .......................................................................................4 Section6. Participants ........................................................................................................ 6 Section7. Dues .......................................................................................7 Section 8. Work Plan and Budgeting ............................................................9 Section9. Consortium Board .............................................................................................. 10 Section 10. Consortium Technical Committee ..................................................................... 11 Section 11. Consortium Technical Subcommittee................................................................. 12 Section-12. Dispute Resolution ............................................................................................ 13 Section 13. Duration and Dissolution ................................................................................... 13 Section 14. Legal Liability Section 15. Oregon Law and Forum...................................................................... 14 Section 16. Public Notification...........................................................................14 REGIONAL WATER PROVIDERS CONSORTIUM This Inter-Governmental Agreement is entered into by and among the under- signed municipalities and districts, hereinafter called "Participants," to establish and operate the Water Providers Consortium for the Portland Metropolitan Region. RECITALS WHEREAS, ORS Chapter 190 authorizes units of local government to enter into written agreements with any other unit or units of local government for the performance of any or all functions and activities that any of them has authority to provide; and WHEREAS, all the Participants of this Agreement are thus authorized to enter into an inter-governmental agreement; and WHEREAS, many of the water providers of the Portland metropolitan area have been meeting together since 1989 through an informal group called the Regional Providers Advisory Group to coordinate water supply planning efforts; and WHEREAS,twenty seven of the area's water providers agreed in May, 1993,through the Inter-Governmental Agreement to Fund Phase Two of the Regional Water Supply Plan jointly to fund an integrated Regional Water Supply Plan and have been meeting monthly since then as the Phase Two Participants Committee to manage the development of that Regional Water Supply Plan; and WHEREAS,a draft of the resulting Regional Water Supply Plan has been circulated for public review since September, 1995;and WHEREAS,a final Regional Water Supply Plan has now been completed; and WHEREAS,that Regional Water Supply Plan contains specific recommendations for future cooperation and coordination between the water providers in this region through the formation of a regional water providers consortium; and 1 WHEREAS, as the Regional land use agency under state law and Regional charter,the Metropolitan Service District ("METRO") has responsibilities to plan and coordinate the provision of public facilities in the region,including responsibilities created by the Metro Charter requiring that Metro's Regional framework plan address water sources and water storage; and WHEREAS, Metro has adopted Regional goals and objectives to encourage coordinated planning and management of water resources to ensure a sufficient water supply for the region; and WHEREAS, Metro's participation in preparation of the Regional Water Supply Plan and this Agreement is consistent with its regional coordination functions and its Charter responsibilities; and WHEREAS, Metro's adoption of the Regional Water Supply Plan and execution of this Agreement are important parts of Metro studies preliminary to adoption of a water supply component of its regional framework plan; and WHEREAS, the Participants desire to enter into an inter-governmental agreement in order to endorse the Regional Water Supply Plan and coordinate and cooperate in its implementation; NOW, THEREFORE, the Participants agree as follows: Section 1. Definitions For purposes of this Agreement the following terms shall be defined as follows: "Agreement" - This document and any authorized amendments thereto. "Consortium" - Shall mean all Participants to this Agreement acting pursuant to and under the terms of the Agreement. "Consortium Board" - Shall-mean the Board ofDirectors established by Section 9 of this Agreement,consisting of one representative from the governing board,commission or council of each Consortium Participant. 2 "Consortium Funds" - Consortium funds shall consist of all dues, voluntary contributions, grant monies and funding from any other source provided to the Consortium to conduct the activities and business of the Consortium. "Consortium Technical Subcommittee" - Shall mean the Committee established by Section 11 of this Agreement consisting of ten of the Technical Committee members. "Consortium Technical Committee" - Shall mean the Committee established by Section 10 of this Agreement, consisting of one staff representative appointed by the governing board, commission, or council of each Participant. "Plan" - That document dated October, 1996, entitled Regional Water Supply Plan for the Portland Metropolitan Area,referred to herein as the "Plan." Section 2. Purposes The general purposes of the Consortium are as follows: A. To promote the voluntary coordination of individual and collective actions of Participants implementing the Plan; B. To serve as the central custodian for Plan documents,including computer models; C. To review and recommend revisions to the Plan,as appropriate; D. To provide a forum for the study and discussion of water supply issues of mutual interest to Participants and to coordinate the responses of Participants to such issues; E. To provide a forum for review and discussion of water resource related issues preliminary to any final actions by individual Participants,regarding issues which could be considered to relate to application of the statewide land use goals,comprehensive plans,regional plans,or land use regulations; F. To establish an avenue for public participation in water supply issues in addition to public participation activities of the individual Participants. 3 Section 3. Endorsement of Plan A. By entering into this Agreement, the individual Participants endorse the Plan,attached hereto as Exhibit A, and agree to cooperate among themselves in its implementation. B. The Participants have endorsed the Plan in order to provide guidance for individual water supply decisions and to provide an outline for Regional water supply cooperation. Endorsement of the Plan and coordination of its implementation by the Consortium are part of the ongoing commitment of the Participants jointly to study and coordinate means to meet the water supply needs for the region. The Plan does not,however, require any mandatory action by any Participant. Each Participant jurisdiction remains responsible for determining and adopting_ appropriate comprehensive and functional plan provisions, including city and county public facility plans and special district capital improvement plans.The Plan is not any part of any Participant's comprehensive land use plan or framework plan or implementing regulations unless an individual participant takes such action.No part of the Plan or any coordinated activity of the Consortium constitutes a final land use decision by any Participant applying statewide or regional land use goals,comprehensive plans,functional plans,and/or land use regulations. For any part of the Plan to be applied to a Participant's land use actions,direct action to that effect is required by that Participant. Section 4. Cooperation and Participants'Retained Powers The Participants intend that the Consortium shall act through the processes laid out herein in the spirit of cooperation.Unless specifically provided for herein,by entering into this Agreement,no Participant has assigned or granted to any other or to the Consortium its water rights or the power to plan,construct,and operate its water system or perform any other obligation or duty assigned to it under law. Section 5. Consortium Authority In accomplishing its purposes,and utilizing the organizational structure and decision- making processes contained herein,the Consortium is authorized to: A. Adopt by-laws and other operating procedures consistent with the terms of.this Agreement to govern Consortium operation and administration,including such things as meeting arrangements,voting procedures,election of officers of Consortium component boards or committees, notice procedures, procedures for execution of legal documents such as contracts, budgeting, and financial operations. 4 B. Adopt and implement an annual work plan and issue annual reports and such supplementary reports as the Consortium may determine appropriate; C. Collect regular dues from Participants to support the routine business of the Consortium in amounts established as provided herein; D. Accept voluntary contributions from Participants in amounts higher than the regular dues for the purpose of conducting studies or engaging in other activities consistent with the Consortium purposes; E. Apply for and receive grants and accept other funds from any person or entity to carry on Consortium activities; F. Expend Consortium funds, however obtained, and establish accounts and accounting processes to manage Consortium funds or utilize the accounts and processes of Participants for such purposes under appropriate agreements; G. Execute contracts to obtain goods and services and to enter into arrangements whereby Participants may contract on behalf of the Consortium to obtain goods and services; H. Execute intergovernmental agreements; 1. Establish procedures for the hiring and firing of its own staff, J. Accept assignment of staff from individual Participants to conduct Consortium work and to reimburse the Participants for the salary and other costs associated with the assigned staff; K. Establish procedures and criteria whereby other units of government may enter into this Agreement subsequent to its initial creation by the execution of the Agreement by fifteen or more Participants,subject to the provisions herein enabling any Participant in the Inter-Governmental Agreement to Fund Phase Two of the Plan to join as a Participant of the Consortium at any time after the Consortium's creation; 5 L. Establish a process to coordinate Participant response to water policy issues of mutual concern; M. Establish procedures to solicit the views of the public on water supply and water resource issues within the Consortium's purview; N. Establish a process whereby water policy and water supply disputes or disagreements among Participants may be resolved; O. Protect Consortium rights and enforce obligations owed to the Consortium by third parties to the extent permitted by law; P. Take other action within the powers specifically granted the Consortium herein by the Participants to exercise the authority granted in subsections A.through O. above and to cant' out the purposes stated in Section 2 above. Section 6. Participants A. Participants in General. Any Participant in the Inter-Governmental Agreement to Fund Phase Two of the Plan, as listed in Exhibit B to this Agreement, may, initially join the Consortium at any time. Any Participant which,having once joined,withdraws or is expelled from the Consortium for non-payment of dues,may only re join as provided in Section 7F. Participants in Phase Two may join in their own name or in the name of a separate inter- governmental entity,but not both(For example,the Cities of West Linn and Oregon City may join as two separate Participants or as one, in the name of the South Fork Water Board.) B. Initial Creation By Fifteen Participants. The Consortium shall be created and this Agreement shall become effective upon its execution by fifteen or more Participants in the Inter- Governmental Agreement to Fund Phase Two of the Plan.This Agreement may be signed in counterparts. C. Additional Participants. The Consortium Board may accept additional governmental entities as Participants into the Consortium under terms and financial arrangements that the Board determines just and appropriate.The Board may establish standards for membership in its by-laws or may allow new members to join on a case by case basis. Provided, however, that in all cases, no new member may join the Consortium without the affirmative vote of a majority of the Board. 6 D. Withdrawal. Any Participant may withdraw from the Consortium at any time by giving written notice to the Chair of the Consortium Board.Consortium dues already paid shall not be refunded to the withdrawing Participant. To the extent it is able to do so, any Participant intending to withdraw from the Consortium shall endeavor to advise the Chair of that fact prior to February 1 and the approval of the Consortium's next fiscal year's budget. Section 7. Dues A. Each Participant of the Consortium shall pay annual dues no later than September 1 of each year sufficient to fund the approved annual budget of the Consortium,as established by the Board,provided,however,that the Board may establish a different payment amount and/or schedule for a Participant upon request from that Participant or upon the Board's own motion. B. The dues of each water provider Participant shall be determined annually as follows: 1. Total annual dues for all members shall be set to equal the annual budget for the Consortium,not counting budget items to be funded by fewer than all the Participants as provided in Section 8.C., and taking into account any grants or non-dues monies available to fund the annual budget. 2. The total annual dues of Participants that are not water providers shall then be subtracted from the total annual dues-based budget,described in subsection 7.B.1.above, leaving a budget number to be funded by provider dues.Dues shall be set so that the dues of each water provider reflects its proportional share of that sum based on the following formula: (a) 25% of the total provider dues shall be allocated proportionally based on the individual provider's proportional share of the total number of all Participants' retail customer accounts for the prior year; (b) 25%of the total provider dues shall be allocated proportionally based on the individual provider's proportional share of total average daily retail water use(in million gallons a day) in the prior year of all Participants; 7 (c) 50%of the total provider dues shall be allocated proportionally based on the individual provider's share of the projected incremental growth in average daily summer peak season use(in million gallons a day)of all Participants. The projected incremental growth in use shall be based on the total incremental growth of all Participants projected from the first to the last year of the regional water demand forecast contained in the Plan or any more recent regional forecast approved as a Plan Amendment by the Consortium Board or the Participants' governing boards, commissions,or councils. C. The amount of Metro's dues shall be established each year in the Annual Work Plan and budget. Metro's dues may include in-kind contributions. D. The dues obligation of any additional Participant that is not a water provider shall be established by the Consortium Board at the time it approves an entity's membership. E. A Participant that fails to pay its assigned dues by September 1 or a time otherwise established by the Board pursuant to Section 7.A. shall be automatically removed as a Consortium Participant. F. Upon a majority vote of the Board,a defaulting Participant(or a Participant that has previously withdrawn from membership)may be reinstated in the Consortium upon its agreement to pay its dues for the year during which it wishes to rejoin(calculated as if the entity had been a Participant at the time the budget was approved).Upon receipt of such dues by a rejoining member,the Board shall re-calculate the dues owed by other entities and provide a credit on the next year's dues to Participants who paid more than their total dues as recalculated. G. If a new entityjoins the Consortium as a Participant during an annual dues cycle,its dues and those of the existing Participants shall be calculated as follows: 1. If a new Participant is a water provider,its dues requirement will be calculated pursuant to Section 7.13, above. 2. If a new member is not a water provider, its dues will be determined as provided in Section 7.D. above. 3. The initial year dues for a new Participant joining part way through a budget cycle will be pro-rated to reflect partial year membership. 8 4. Upon addition of a new Participant part way through a budget cycle,the current year dues for existing Participants will be re-calculated and re-assigned as follows: (a) The new Participant's initial year dues will be deducted from the total current dues-based budget. (b) The remaining budget amount will be allocated to existing members in accordance with the percentage of the budget each Participant was assigned in the current annual budget. (c) Existing members shall receive a credit on their next year's dues payment for any amounts they paid as dues that are greater than their revised dues obligation as determined herein. 5. New Participants joining at any time after September 1 shall pay their initial year dues by the following September or at a time otherwise established by the Board upon admission of the new Participant. Section 8. Work Plan and Budgeting A. By February 1 of each year,the Board shall adopt an annual work plan of Consortium activities for the upcoming fiscal year beginning on July 1. B. At the same time,the Board shall adopt a budget sufficient to conduct the Consortium's Annual Work Plan. The budget shall also include'a calculation of the dues . owed by each Participant to fund the budget as provided in Section 7,taking into account any grants or non- dues funds available to the Consortium, and a table apportioning the dues to each Participant. C. The budget may include special studies that will be funded by fewer than all of the Participants on a voluntary basis. D. The Board may amend the budget and the work plan at any time during the year as it deems appropriate except that dues may only be increased annually as provided for in Section 7. Additional expenditures may be permitted so long as there are identified sources of revenue, other than increased dues, for such expenditure(s). 9 E. Participants are expected to provide to Consortium staff the data necessary to calculate the annual dues for budgeting and planning. Section 9. Consortium Board A. The Consortium Board shall be made up of one representative from the governing board, commission, or council of each Participant. Each Participant shall also name an alternate Board representative from its governing board, commission, or council to serve in case the primary representative cannot. Provided,however,that if the Board Chair does not attend a meeting, the Vice-Chair shall assume the Chair's duties rather than the Chair's alternate. B. Multnomah, Clackamas, and Washington Counties may each also name a representative (and alternate) to serve on the Board as non-voting ex officio members of the Board. C. The Board is authorized to: (1)approve the Consortium's annual work plan and budget;(2)set Consortium policy;(3)approve new Consortium Participants;(4)recommend water supply,water planning,and regional cooperation actions to Participant governing boards, commissions,or councils,especially,but not limited to,actions to implement the Plan;(5)approve minor amendments to the Plan;(6)recommend to the governing boards,commissions,or councils of the Consortium Participants major amendments to the Plan;(7)periodically review the Plan comprehensively,on a schedule providing for review at least every five years,commencing with the date upon which the Consortium is formed,or on a shorter schedule determined by the Board; (8)recommend to the governing boards,commissions,or councils of the Consortium Participants amendments to this Agreement;(9)adopt by-laws;(10)exercise any other powers and authority granted to the Consortium by this Agreement necessary to accomplish the Consortium's purposes. D. The Board shall have the authority to designate which Plan Amendments are major and which are minor for purposes of determining the process for amendment consideration. Generally,major amendment to the Plan should include revisions to the Plan's policy objectives,resource strategies,or implementation actions which significantly alter Plan direction or would significantly change the implementation strategies.Minor amendments are all other changes to the Plan. 10 E. Upon its first meeting,the Board shall elect a temporary Chair and Vice-Chair and shall proceed within three months thereafter to adopt such by-laws as it deems advisable, consistent with this Agreement. Consistent with the terms of this Agreement,the by-laws shall, at least, (1) establish the offices of Chair and Vice-Chair and determine their terms, their general duties, and the method for their election; (2) establish how the Participants' governing boards, commissions, or councils shall notify the Consortium of their appointment of Board members and alternates; (3) establish a method to allow additional entities to join the Consortium; (4) establish a method to determine timing of meetings,provided that the Board must meet at least once a year; (5)establish a process for resolution of disputes among Participants; and(6) establish a method whereby the Board can create subcommittees of itself and other advisory committees or bodies to assist the Board in conducting its business, including a standing "Executive Committee."In creating a Board Executive Committee,the Board shall endeavor to achieve geographic representation and representation from municipalities, districts, and other types of entities that form the Participants' group. F. Each year in the annual work plan or its amendments, the Board may assign such duties or delegate such Board authority as the Board deems advisable to any Board committee or to the Technical Committee,except that the Board may not delegate the authority (1)to execute inter-governmental agreements, (2)to designate Plan amendments as minor or major, (3)to recommend major Plan Amendments or amendments to this Agreement,(4)to approve the annual work plan and the budget,(5)to approve minor Plan amendments,(6)to approve the admission of Participants to the Consortium, or(7) to dissolve the Consortium. G. To be effective,Board actions must be approved by a vote of a majority of the Board at a meeting at which a quorum of two-thirds of the Board is present. Section 10. Consortium Technical Committee A. The Consortium Technical Committee shall be made up of one staff representative appointed by the governing board,commission,or council of eachParticipant: Each governing board,commission,or council shall also name a Technical Committee representative alternate to serve when the primary representative cannot. Provided,however,that if the Technical Committee Chair does not attend a meeting,the Vice-Chair shall assume the Chairs duties rather than the Chair's alternate. 11 B. The Technical Committee shall advise and provide assistance to the Board on any matters falling within the Consortium's purview under this Agreement, shall direct the work of the Technical Subcommittee,and may act upon Board delegation of authority as provided in Section 9.F. C. The Technical Committee shall, upon its first meeting, elect a temporary Chair and Vice-Chair and shall proceed within three months thereafter to adopt such by- laws for its operation as it deems advisable, consistent with this Agreement. The by-laws shall, at least, (a) establish the offices of Chair and Vice-Chair and determine their terms, their general duties, and the method for their election; (b) establish how the Participants' governing boards, commissions, or councils shall notify the Consortium of their appointment of Technical Committee members and alternates; (c) establish a method to determine timing of meetings,provided that the Technical Committee must meet at least three times a year; and(d) establish a method whereby the Technical Committee can create subcommittees of itself and other advisory committees or bodies to assist the Technical Committee in conducting its business. D. The Technical Committee shall, at its discretion,assign duties and tasks to and direct the work of the Technical Subcommittee. E. To be effective,Technical Committee actions must be approved by a vote of a majority of the Committee at a meeting at which a quorum of two-thirds of the Committee is present. Section 11. Consortium Technical Subcommittee A. The Consortium Technical Subcommittee shall be made up of ten of the Technical Committee members (or, as required, their alternates) as follows: 1. Three of the Technical Subcommittee representatives must come from Participants in Clackamas County,three from Washington County,and three from Multnomah County,and one from Metro.Further,in each County,if possible,given the Consortium membership,there must be at least one representative from a city and one from a special district. 2. The Technical Subcommittee representatives for each county shall be selected by the vote of the Technical Committee representatives for each county,provided,however, that in any case the Chair of the Technical Committee shall,without requiring election,be automatically named to the Technical Subcommittee as one of the County representatives or as the Metro representative,as appropriate,and shall be Chair of the Technical Subcommittee,as well. If the relevant Technical Committee members are unable to select the required three Technical Subcommittee members from a county,then the Board representatives for the relevant county or counties shall select Technical Subcommittee members. 12 B. The Technical Subcommittee shall operate under the supervision of and advise the Technical Committee on any matters within the Consortium's purview. It is anticipated that the Technical Subcommittee shall,under the direction of the Technical Committee, or as provided for in any agreement or contract to provide staffing, supervise Consortium staff (including employees of Participants assigned to the Consortium) and assume the responsibility to draft proposed work plans,budgets, annual and other reports,plan amendments, and implementation proposals for submission to the Technical Committee for review and submission to the Board. C. To be effective,actions or recommendations for action by the Technical Subcommittee must be approved by a majority vote of those members present and voting at a meeting at which a quorum of a majority of the Technical Subcommittee is present. Section 12. Dispute Resolution The Participants intend to work cooperatively to accomplish the water resource strategies of the Plan and the purposes of this Agreement.It is understood,however,that there may be disagreements among the Participants on issues within the purview of the Consortium. The Consortium will also,therefore,provide a forum whereby such disagreements may be aired and,if possible,resolved.The Board shall establish a mandatory,but non-binding dispute resolution mechanism through its by-laws. Section 13. Duration and Dissolution This Agreement shall remain in effect,subject to the following: (1)any Participant may withdraw at any time as provided in this Agreement;(2)should all but one Participant withdraw,the Agreement shall end and the Consortium shall be dissolved;(3)the Agreement may be ended and the Consortium dissolved by a vote of the Board. 13 Section 14. Legal Liability Participants agree to share any costs or damages,including reasonable attorney's fees, from third party actions against the Consortium. The obligation shall apply to any entity that was a Participant in the Consortium at the time the liability arose or the cause of action accrued. Payment obligations shall be proportional to the dues of each entity. Participants agree to assist and cooperate in the defense of such an action. Settlement of any action that would impose an obligation to pay upon the Participants under this provision must be approved by a majority of the Board. Section 15. Oregon Law and Forum A. This Agreement shall be construed according to the law of the State of Oregon. B. Any litigation between the Participants under this Agreement or arising out of work performed under this Agreement shall occur, if in the state courts, in the Multnomah County Court having jurisdiction thereof,and if in the federal courts, in the United States District Court for the District of Oregon. Section 16. Public Notification Meetings of the Consortium Board,the Consortium Technical Committee,and any subcommittees of those bodies shall be considered open meetings as provided by law. DATED this day of , 1996. 14 Exhibit B PHASE 2 of the REGIONAL WATER SUPPLY PLAN PARTICIPANTS: City of Beaverton Canby Utility Board Clackamas River Water City of Gladstone Damascus Water District City of Fairview City of Gresham City of Hillsboro Utilities Commission City of Forest Grove City of Lake Oswego Metro City of Milwaukie Mt. Scott Water District Oak Lodge Water District City of Portland Raleigh Hills Water District Rockwood Water City of Sandy City of Sherwood South Fork Water Board: City of Oregon City/City of West Linn City of Tigard Water Department City of Troutdale City of Tualatin Tualatin Valley Water District West Slope Water District City of Wilsonville City of Wood Village AMENDMENTS TO REGIONAL WATER PROVIDERS CONSORTIUM AGREEMENT This document (Amending Agreement) is entered into by and among the undersigned municipalities and districts, hereinafter called Participants, to amend the Regional Water Providers Consortium Agreement (Agreement). RECITALS: WHEREAS, the Participants previously entered into a Regional Water Providers Consortium Agreement in 1996 and 1997; and WHEREAS, operating under the original agreement has led the Participants to determine that certain changes should be made to create a more effective document and one that better reflects the Participants' current and future method of operation; and WHEREAS, The Consortium Board adopted a new 5-Year Strategic Plan in June of 2004 that directed an examination of the Consortium IGA and Bylaws, and WHEREAS, the primary current activities of the Consortium are largely directed at activities that provide immediate benefit based on the current size of the member entities, a revised dues structure was felt necessary; NOW, THEREFORE, the Participants agree to amend the Agreement as follows and that any part of the Agreement not amended shall remain as originally written: Section 1. Definitions ., "Plan" - That document dated October 1996, entitled Regional Water Supply Plan for the Portland Metropolitan Area, and all subsequent amendments thereto, referred to herein as the "Plan." Section 2. Purposes The general purposes of the Consortium are as follows: A. 'erts To provide a collaborative clearinghouse function for water supply planning and development that fosters regional coordination. B. To serve as the central custodian for Plan documents including computer models and other local decision support functions. D. To provide a forum for the study and discussion of water supply issues of mutual interest to the Participants and ^^�vvrainate collate the responses of Participants to such issues. E. To provide a forum for review and discussion of water resource related issues preliminary te any final actiens by individual Participants, regaFdmng es wh;eh ee ,,d be Eens;dered to relate that may relate to application of the statewide land use goals, comprehensive plans, regional plans or land use regulations. F. To establish an avenue fOF publie partieipatien in water supply issuel; To allow for public participation in Consortium activities. G. To conduct regional conservation programs H. To facilitate emergency preparedness for water suppliers in the region Section 3. Endorsement of Regional Water Supply Plan B. The Participants have endeFsed the Plan in eFdeF te pFE)vffide guidance feF Endorsement of the Regional Water Supply Plan (RWSP) and coordination and collaboration between ef by the Consortium members that avoids duplicative efforts and cost are part of the ongoing commitment of the Participants jointly te study and eeerdinate means te meet the water supply needs ef the F to jointly study and create a Regional Water Supply Plan. The RWSP is intended to be a clearing house for local water supply planning and provides support for individual water supply planning and decision making. Section 7 Dues I. The dues of each water provider participant shall be determined annually as follows: 1. Total annual dues for all members shall be set to equal the annual budget for the Consortium, not counting budget items to be funded by fewer than all the Participants as provided in Section 8. C., and taking into account any grants or non-dues monies available to fund the annual budget. 2. The total annual dues of Participants that are not water providers shall then be subtracted from the total annual dues- based budget, described in subsection 7.13.1. above, leaving a budget amount to be funded by provider dues. Dues shall be set so that the dues of each water provider reflects its proportional share of that sum based on the following formula: (a) 2-5% 50 % of the total provider shall be allocated proportionally based on the individual provider's proportional share of the total number of all Participants' retail customer accounts for the prior year. (b) 2-5% 50% of the total provider dues shall be allocated proportionately based on the individual providers' proportional share of the total average daily retail water use (in millions of gallons per day) in the prior year of all Participants. pfflpe4ieRally based on the individual prevideFs f F} 50% ef the tetal previder dues shall be allocated share of the projected incremental grewth On average daily summeF peak season use (iR n9illiens. iRCremental grewth on use shall be based on the (c) The change made to the Consortium's formula in FY 2004/5 shall be phased in at 50% in FY 2005/6 and at 100% in FY 2006/7, Section 9 Consortium Board B Multnerflah, Clackamas, and Washington Counties Fflay each a nen veting &v effi6e Fflerflbers of the Beard; C. (7) periodically review the Plan comprehensively, on a schedule providing for review at least every five to ten years as needed, commencing with the date upon which the Consortium is was formed, _ G. To be effective, Board actions must be approved by a vote of the majority of the Board at a meeting at which a querung ef twe- thirds a simple majority of the Board is present. Section 10. Consortium Technical Committee D. The Teehn;cal Cemrvl ishall at Ots discret4en, assign duties and r direct the work of the Technical G beemmii-F.-e taskTte--a�td--d;,- Ea,-��o,,�„��«-T e Technical Committee under the provisions of any agreement or contract to provide staff shall supervise Consortium staff and assume the responsibility to draft proposed work plans, budgets, annual and other reports, plan amendments, and implementation proposals for submission to the Board or Executive Committee as appropriate. Section 11. Consortium Technical Sub-Committee Delete in its entirety. Section 12. Dispute Resolution It is the intention of the Participants to limit the issues available for dispute resolution. The issues raised must be related to interpretations of the express terms of this Agreement. No issues related to water supply development or programs developed by individual members may be raised. The PaFdcipaf�ts also,the CenseFt*ufn. The CenseFtium will / such dl�%A%jl its may-be aire.. and, pessible, resolved. The Board sh establi Any such dispute shall, if possible, be resolved through the use of a mandatory, but non-binding dispute resolution mechanism established by the Board through its by-laws. Section 17. Agreement Amendment Amendments to this Agreement shall be recommended by the Board and shall be effective when authorized by the governing board, commission or council, as the case may be, of every Participant. (Signatory Block to be added by member agencies) INTER-GOVERNMENTAL AGREEMENT OF REGIONAL WATER PROVIDERS CONSORTIUM (AS AMENDED IN 2004-05) i TABLE OF CONTENTS Section1. Definitions .........................................................................................................2 Section2. Purposes ............................................................................................................2 Section 3. Endorsement of Regional Water Supply Plan .......................................3 Section 4. Cooperation and Participants' Retained Powers ...............................................3 Section 5. Consortium Authority ....................................................................................... 4 Section6. Participants ........................................................................................................ 5 Section7. Dues .......................................................................................6 Section 8. Work Plan and Budgeting .............................................................8 Section 9. Consortium Board ............................................................................................. 8 Section 10. Consortium Technical Committee .................................................................... 9 Section 11. Dispute Resolution .............................................................................................10 Section 12. Duration and Dissolution ................................................................................... 10 Section13. Legal Liability ...................................................................................................11 Section 14. Oregon Law and Forum......................................................................11 Section 15. Public Notification........................................................................ ..11 Section 16. Agreement Amendment .................................................................................... 11 REGIONAL WATER PROVIDERS CONSORTIUM This Inter-Governmental Agreement is entered into by and among the under- signed municipalities and districts, hereinafter called "Participants," to establish and operate the Water Providers Consortium for the Portland Metropolitan Region. RECITALS WHEREAS, ORS Chapter 190 authorizes units of local government to enter into written agreements with any other unit or units of local government for the performance of any or all functions and activities that any of them has authority to provide; and WHEREAS,all the Participants of this Agreement are thus authorized to enter into an inter-governmental agreement; and WHEREAS,many of the water providers of the Portland metropolitan area have been meeting together since 1989 through an informal group called the Regional Providers Advisory Group to coordinate water supply planning efforts; and WHEREAS,twenty seven of the area's water providers agreed in May, 1993, through the Inter-Governmental Agreement to Fund Phase Two of the Regional Water Supply Plan jointly to fund an integrated Regional Water Supply Plan and have been meeting monthly since then as the Phase Two Participants Committee to manage the development of that Regional Water Supply Plan; and WHEREAS,a draft of the resulting Regional Water Supply Plan has been circulated for public review since September, 1995;and WHEREAS,a final Regional Water Supply Plan has now been completed;and WHEREAS,that Regional Water Supply Plan contains specific recommendations for future cooperation and coordination between the water providers in this region through the formation of a regional water providers consortium; and WHEREAS, as the Regional land use agency under state law and Regional charter, the Metropolitan Service District("METRO") has responsibilities to plan and coordinate the provision of public facilities in the region,including responsibilities created by the Metro Charter requiring that Metro's Regional framework plan address water sources and water storage; and WHEREAS,Metro has adopted Regional goals and objectives to encourage coordinated planning and management of water resources to ensure a sufficient water supply for the region; and WHEREAS,Metro's participation in preparation of the Regional Water Supply Plan and this Agreement is consistent with its regional coordination functions and its Charter I responsibilities; and WHEREAS, Metro's adoption of the Regional Water Supply Plan and execution of this Agreement are important parts of Metro studies preliminary to adoption of a water supply component of its regional framework plan; and WHEREAS, the Participants desire to enter into an inter-governmental agreement in order to endorse the Regional Water Supply Plan and coordinate and cooperate in its implementation; NOW, THEREFORE, the Participants agree as follows: Section 1. Definitions For purposes of this Agreement the following terms shall be defined as follows: "Agreement" - This document and any authorized amendments thereto. "Consortium" - Shall mean all Participants to this Agreement acting pursuant to and under the terms of the Agreement. "Consortium Board" - Shall-mean the Board of Directors established by Section 9 of this Agreement,consisting of one representative from the governing board,commission or council of each Consortium Participant. "Consortium Funds" - Consortium funds shall consist of all dues,voluntary contributions,grant monies and funding from any other source provided to the Consortium to conduct the activities and business of the Consortium. "Consortium Technical Committee" - Shall mean the Committee established by Section 10 of this Agreement, consisting of one staff representative appointed by the governing board, commission, or council of each Participant. "Plan" - That document dated October 1996, entitled Regional Water Supply Plan for the Portland Metropolitan Area, and all subsequent amendments thereto,referred to herein as the "Plan." Section 2. Purposes The general purposes of the Consortium are as follows: A. To provide a collaborative clearinghouse function for water supply planning and development that fosters regional coordination. B. To serve as the central custodian for Plan documents,including computer 2 models and other local decision support functions; C. To review and recommend revisions to the Plan,as appropriate; D. To provide a forum for the study and discussion of water supply issues of mutual interest to Participants and to collate the responses of Participants to such issues; E. To provide a forum for review and discussion of water resource related issues that may relate to application of the statewide land use goals,comprehensive plans, regional plans,or land use regulations; F. To allow for public participation in Consortium activities; G. To conduct regional conservation programs; H. To facilitate emergency preparedness for water suppliers in the region. Section 3. Endorsement of Plan A. By entering into this Agreement, the individual Participants endorse the Plan,attached hereto as Exhibit A,and agree to cooperate among themselves in its implementation. B. Endorsement of the Regional Water Supply Plan (RWSP) and coordination and collaboration between the Consortium members that avoids duplicative efforts and cost are part of the ongoing commitment of the Participants to jointly study and create a Regional Water Supply Plan. The RWSP is intended to be a clearing house for local water supply planning and provides support for individual water supply planning and decision making. The Plan does not,however, require any mandatory action by any Participant. Each Participant jurisdiction remains responsible for determining and adopting appropriate comprehensive and functional plan provisions,including city and county public facility plans and special district capital improvement plans.The Plan is not any part of any Participant's comprehensive land use plan or framework plan or implementing regulations unless an individual participant takes such action.No part of the Plan or any coordinated activity of the Consortium constitutes a final land use decision by any Participant applying statewide or regional land use goals,comprehensive plans,functional plans, and/or land use regulations.For any part of the Plan to be applied to a Participant's land use actions,direct action to that effect is required by that Participant. Section 4. Cooperation and Participants'Retained Powers The Participants intend that the Consortium shall act through the processes laid out herein in the spirit of cooperation.Unless specifically provided for herein,by entering into this Agreement,no Participant has assigned or granted to any other or to the Consortium its water rights or the power to plan,construct,and operate its water system or perform any other obligation or duty assigned to it under law. 3 Section 5. Consortium Authority In accomplishing its purposes,and utilizing the organizational structure and decision-making processes contained herein,the Consortium is authorized to: A. Adopt by-laws and other operating procedures consistent with the terms of.this Agreement to govern Consortium operation and administration,including such things as meeting arrangements,voting procedures,election of officers of Consortium component boards or committees, notice procedures, procedures for execution of legal documents such as contracts, budgeting, and financial operations. B. Adopt and implement an annual work plan and issue annual reports and such supplementary reports as the Consortium may determine appropriate; C. Collect regular dues from Participants to support the routine business of the Consortium in amounts established as provided herein; D. Accept voluntary contributions from Participants in amounts higher than the regular dues for the purpose of conducting studies or engaging in other activities consistent with the Consortium purposes; E. Apply for and receive grants and accept other funds from any person or entity to carry on Consortium activities; F. Expend Consortium funds, however obtained, and establish accounts and accounting processes to manage Consortium funds or utilize the accounts and processes of Participants for such purposes under appropriate agreements; G. Execute contracts to obtain goods and services and to enter into arrangements whereby Participants may contract on behalf of the Consortium to obtain goods and services; H. Execute intergovernmental agreements; 1. Establish procedures for the hiring and firing of its own staff, I Accept assignment of staff from individual Participants to conduct Consortium work and to reimburse the Participants for the salary and other costs associated with the assigned staff; K. Establish procedures and criteria whereby other units of government may enter into this Agreement subsequent to its initial creation by the execution of the Agreement by fifteen or more Participants,subject to the provisions herein enabling any Participant in the Inter- Governmental Agreement to Fund Phase Two of the Plan to join as a Participant of the Consortium at any time after the Consortium's creation; 4 L. Establish a process to coordinate Participant response to water policy issues of mutual concern; M. Establish procedures to solicit the views of the public on water supply and water resource issues within the Consortium's purview; N. Establish a process whereby water policy and water supply disputes or disagreements among Participants may be resolved; O. Protect Consortium rights and enforce obligations owed to the Consortium by third parties to the extent permitted by law; P. Take other action within the powers specifically granted the Consortium herein by the Participants to exercise the authority granted in subsections A. through O. above and to carry out the purposes stated in Section 2 above. Section 6. Participants A. Participants in General. Any Participant in the Inter-Governmental Agreement to Fund Phase Two of the Plan, as listed in Exhibit B to this Agreement, may, initially join the Consortium at any time. Any Participant which,having once joined,withdraws or is expelled from the Consortium for non- payment of dues,may only re join as provided in Section 7F. Participants in Phase Two may join in their own name or in the name of a separate inter- governmental entity,but not both.(For example,the Cities of West Linn and Oregon City may join as two separate Participants or as one, in the name of the South Fork Water Board.) B. Initial Creation By Fifteen Participants. The Consortium shall be created and this Agreement shall become effective upon its execution by fifteen or more Participants in the Inter-Governmental Agreement to Fund Phase Two of the Plan. This Agreement may be signed in counterparts. C. Additional Participants.The Consortium Board may accept additional governmental entities as Participants into the Consortium under terms and financial arrangements that the Board determines just and appropriate.The Board may establish standards for membership in its by-laws or may allow new members to join on a case by case basis. Provided, however, that in all cases, no new member may join the Consortium without the affirmative vote of a majority of the Board. D. Withdrawal. Any Participant may withdraw from the Consortium at any time by giving written notice to the Chair of the Consortium Board. Consortium dues already paid shall not be refunded to the withdrawing Participant. To the extent it is able to do so,any Participant intending to withdraw from the Consortium shall endeavor to advise the Chair of that fact prior to February 1 and the approval of the Consortium's next fiscal year's budget. 5 Section 7. Dues A. Each Participant of the Consortium shall pay annual dues no later than September 1 of each year sufficient to fund the approved annual budget of the Consortium, as established by the Board,provided,however,that the Board may establish a different payment amount and/or schedule for a Participant upon request from that Participant or upon the Board's own motion. B. The dues of each water provider Participant shall be determined annually as follows: 1. Total annual dues for all members shall be set to equal the annual budget for the Consortium,not counting budget items to be funded by fewer than all the Participants as provided in Section 8.C., and taking into account any grants or non-dues monies available to fund the annual budget. 2. The total annual dues of Participants that are not water providers shall then be subtracted from the total annual dues-based budget, described in subsection 7.B.1.above,leaving a budget number to be funded by provider dues.Dues shall be set so that the dues of each water provider reflects its proportional share of that sum based on the following formula: (a) 50% of the total provider dues shall be allocated proportionally based on the individual provider's proportional share of the total number of all Participants'retail customer accounts for the prior year; (b) 50%of the total provider dues shall be allocated proportionally based on the individual provider's proportional share of total average daily retail water use (in million gallons a day) in the prior year of all Participants; (c) The changes made to the Consortium's dues formula in FY 2004/05 shall be phased in at 50%in FY 2005/06 and at 100%in FY 2006/07. C. The amount of Metro's dues shall be established each year in the Annual Work Plan and budget.Metro's dues may include in-kind contributions. D. The dues obligation of any additional Participant that is not a water provider shall be established by the Consortium Board at the time it approves an entity's membership. 6 E. A Participant that fails to pay its assigned dues by September 1 or a time otherwise established by the Board pursuant to Section 7.A. shall be automatically removed as a Consortium Participant. F. Upon a majority vote of the Board,a defaulting Participant(or a Participant that has previously withdrawn from membership)may be reinstated in the Consortium upon its agreement to pay its dues for the year during which it wishes to rejoin(calculated as if the entity had been a Participant at the time the budget was approved). Upon receipt of such dues by a rejoining member,the Board shall re-calculate the dues owed by other entities and provide a credit on the next year's dues to Participants who paid more than their total dues as recalculated. G. If a new entity joins the Consortium as a Participant during an annual dues cycle,its dues and those of the existing Participants shall be calculated as follows: 1. If a new Participant is a water provider,its dues requirement will be calculated pursuant to Section 7.13. above. 2. If a new member is not a water provider,its dues will be determined as provided in Section 7.1). above. 3. The initial year dues for a new Participant joining part way through a budget cycle will be pro-rated to reflect partial year membership. 4. Upon addition of a new Participant part way through a budget cycle, the current year dues for existing Participants will be re-calculated and re-assigned as follows: (a) The new Participant's initial year dues will be deducted from the total current dues-based budget. (b)The remaining budget amount will be allocated to existing members in accordance with the percentage of the budget each Participant was assigned in the current annual budget. (c) Existing members shall receive a credit on their next year's dues payment for any amounts they paid as dues that are greater than their revised dues obligation as determined herein. 5. New Participants joining at any time after September 1 shall pay their initial year dues by the following September or at a time otherwise established by the Board upon admission of the new Participant. Section 8. Work Plan and Budgeting A. By February 1 of each year,the Board shall adopt an annual work plan of Consortium activities for the upcoming fiscal year beginning on July 1. B. At the same time,the Board shall adopt a budget sufficient to conduct the Consortium's Annual Work Plan.The budget shall also include'a calculation of the dues . owed by each Participant to fund the budget as provided in Section 7,taking into account any grants or non-dues funds available to the Consortium,and a table apportioning the dues to each Participant. C. The budget may include special studies that will be funded by fewer than all of the Participants on a voluntary basis. D. The Board may amend the budget and the work plan at any time during the year as it deems appropriate except that dues may only be increased annually as provided for in Section 7. Additional expenditures may be perniitted so long as there are identified sources of revenue, other than increased dues, for such expenditure(s). E. Participants are expected to provide to Consortium staff the data necessary to calculate the annual dues for budgeting and planning. Section 9. Consortium Board A. The Consortium Board shall be made up of one representative from the governing board, commission, or council of each Participant. Each Participant shall also name an alternate Board representative from its governing board, commission, or council to serve in case the primary representative cannot. Provided, however,that if the Board Chair does not attend a meeting, the Vice- Chair shall assume the Chair's duties rather than the Chair's alternate. B. The Board is authorized to: (1)approve the Consortium's annual work plan and budget;(2)set Consortium policy;(3)approve new Consortium Participants;(4) recommend water supply,water planning,and regional cooperation actions to Participant governing boards,commissions,or councils,especially,but not limited to,actions to implement the Plan; (5)approve minor amendments to the Plan; (6) recommend to the governing boards,commissions,or councils of the Consortium Participants major amendments to the Plan;(7)periodically review the Plan comprehensively,on a schedule providing for review at least every five to ten years as needed,commencing with the date upon which the Consortium is formed: (8) recommend to the governing boards,commissions,or councils of the Consortium Participants amendments to this Agreement;(9)adopt by-laws;(10)exercise any other powers and authority granted to the Consortium by this Agreement necessary 8 to accomplish the Consortium's purposes. C. The Board shall have the authority to designate which Plan Amendments are major and which are minor for purposes of determining the process for amendment consideration.Generally,major amendment to the Plan should include revisions to the Plan's policy objectives,resource strategies,or implementation actions which significantly alter Plan direction or would significantly change the implementation strategies.Minor amendments are all other changes to the Plan. D. Upon its first meeting,the Board shall elect a temporary Chair and Vice-Chair and shall proceed within three months thereafter to adopt such by-laws as it deems advisable,consistent with this Agreement. Consistent with the terms of this Agreement,the by-laws shall, at least, (1) establish the offices of Chair and Vice-Chair and determine their terms, their general duties, and the method for their election; (2) establish how the Participants' governing boards, commissions, or councils shall notify the Consortium of their appointment of Board members and alternates; (3) establish a method to allow additional entities to join the Consortium; (4)establish a method to determine timing of meetings,provided that the Board must meet at least once a year; (5)establish a process for resolution of disputes among Participants; and(6)establish a method whereby the Board can create subcommittees of itself and other advisory committees or bodies to assist the Board in conducting its business,including a standing "Executive Committee."In creating a Board Executive Committee,the Board shall endeavor to achieve geographic representation and representation from municipalities, districts, and other types of entities that form the Participants' group. E. Each year in the annual work plan or its amendments,the Board may assign such duties or delegate such Board authority as the Board deems advisable to any Board committee or to the Technical Committee, except that the Board may not delegate the authority(1)to execute inter-governmental agreements, (2)to designate Plan amendments as minor or major,(3)to recommend major Plan Amendments or amendments to this Agreement, (4)to approve the annual work plan and the budget,(5)to approve minor Plan amendments,(6)to approve the admission of Participants to the Consortium, or(7) to dissolve the Consortium. F. To be effective,Board actions must be approved by a vote of a majority of the Board at a meeting at which a simple majority_of the Board is present. Section 10. Consortium Technical Committee A. The Consortium Technical Committee shall be made up of one staff representative appointed by the governing board,commission,or council of each Participant. Each governing board,commission,or council shall also name a Technical 9 Committee representative alternate to serve when the primary representative cannot. Provided,however,that if the Technical Committee Chair does not attend a meeting,the Vice-Chair shall assume the Chair's duties rather than the Chair's alternate. B. The Technical Committee shall advise and provide assistance to the Board on any matters falling within the Consortium's purview under this Agreement, and may act upon Board delegation of authority as provided in Section 9.17. C. The Technical Committee shall, upon its first meeting, elect a temporary Chair and Vice-Chair and shall proceed within three months thereafter to adopt such bylaws for its operation as it deems advisable, consistent with this Agreement. The by-laws shall, at least, (a) establish the offices of Chair and Vice-Chair and determine their terms, their general duties, and the method for their election; (b) establish how the Participants' governing boards, commissions, or councils shall notify the Consortium of their appointment of Technical Committee members and alternates; (c) establish a method to determine timing of meetings,provided that the Technical Committee must meet at least three times a year;and(d)establish a method whereby the Technical Committee can create subcommittees of itself and other advisory committees or bodies to assist the Technical Committee in conducting its business. D. The Technical Committee under the provisions of any agreement or contract to provide staff shall supervise Consortium staff and assume the responsibility to draft proposed work plans, budgets, annual and other reports, plan amendments, and implementation proposals for submission to the Board or Executive Committee as appropriate. E. To be effective,Technical Committee actions must be approved by a vote of a majority of the Committee at a meeting at which a quorum of two-thirds of the Committee is present. Section 11. Dispute Resolution It is the intention of the Participants to limit the issues available for dispute resolution. The issues raised must be related to interpretation of the express terms of this Agreement. No issues related to water supply development or program development by individual members may be raised.Any such dispute shall,if possible,be resolved through the use of a mandatory,but non-binding dispute resolution mechanism established by the Board through its by-laws. Section 12. Duration and Dissolution This Agreement shall remain in effect, subject to the following: (1)any Participant may withdraw at any time as provided in this Agreement;(2)should all but one Participant withdraw,the Agreement shall end and the Consortium shall be dissolved;(3)the Agreement 10 may be ended and the Consortium dissolved by a vote of the Board. Section 13. Legal Liability Participants agree to share any costs or damages, including reasonable attorney's fees, from third party actions against the Consortium. The obligation shall apply to any entity that was a Participant in the Consortium at the time the liability arose or the cause of action accrued. Payment obligations shall be proportional to the dues of each entity. Participants agree to assist and cooperate in the defense of such an action. Settlement of any action that would impose an obligation to pay upon the Participants under this provision must be approved by a majority of the Board. Section 14, Oregon Law and Forum A. This Agreement shall be construed according to the law of the State of Oregon. B. Any litigation between the Participants under this Agreement or arising out of work performed under this Agreement shall occur, if in the state courts, in the Multnomah County Court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the District of Oregon. Section 15. Public Notification Meetings of the Consortium Board,the Consortium Technical Committee,and any subcommittees of those bodies shall be considered open meetings as provided by law. Section 16. Agreement Amendment Amendments to this Agreement shall be recommended by the Board and shall be effective when authorized by the governing board, commission or council, as the case may be, of every Participant. 11 Exhibit B PHASE 2 of the REGIONAL WATER SUPPLY PLAN PARTICIPANTS: City of Beaverton Canby Utility Board Clackamas River Water City of Gladstone Damascus Water District City of Fairview City of Gresham City of Hillsboro Utilities Commission City of Forest Grove City of Lake Oswego Metro City of Milwaukie Mt. Scott Water District Oak Lodge Water District City of Portland Raleigh Hills Water District Rockwood Water City of Sandy City of Sherwood South Fork Water Board: City of Oregon City/City of West Linn City of Tigard Water Department City of Troutdale City of Tualatin Tualatin Valley Water District West Slope Water District City of Wilsonville City of Wood Village Exhibit A AMENDMENTS TO REGIONAL WATER PROVIDERS CONSORTIUM AGREEMENT This document (Amending Agreement) is entered into by and among the undersigned municipalities and districts, hereinafter called Participants, to amend the Regional Water Providers Consortium Agreement (Agreement). RECITALS: WHEREAS, the Participants previously entered into a Regional Water Providers Consortium Agreement in 1996 and 1997; and WHEREAS, operating under the original agreement has led the Participants to determine that certain changes should be made to create a more effective document and one that better reflects the Participants' current and future method of operation; and WHEREAS, The Consortium Board adopted a new 5-Year Strategic Plan in June of 2004 that directed an examination of the Consortium IGA and Bylaws, and WHEREAS, the primary current activities of the Consortium are largely directed at activities that provide immediate benefit based on the current size of the member entities, a revised dues structure was felt necessary; NOW, THEREFORE, the Participants agree to amend the Agreement as follows and that any part of the Agreement not amended shall remain as originally written: Section 1. Definitions .Y,,,,r ""�T "Plan" - That document dated October 1996, entitled Regional Water Supply Plan for the Portland Metropolitan Area, and all subsequent amendments thereto, referred to herein as the "Plan." Section 2. Purposes The general purposes of the Consortium are as follows: A. To provide a collaborative clearinghouse function for water supply planning and development that fosters regional coordination. B. To serve as the central custodian for Plan documents including computer models and other local decision support functions. D. To provide a forum for the study and discussion of water supply issues of mutual interest to the Participants and emote collate the responses of Participants to such issues. E. To provide a forum for review and discussion of water resource related issues prellminary to any final actions by individual PaFtseipants, regarding irru which Ere ld be Eenso erred to Felate that may relate to application of the statewide land use goals, comprehensive plans, regional plans or land use regulations. F. To allow for public participation in Consortium activities. G. To conduct regional conservation programs H. To facilitate emergency preparedness for water suppliers in the region Section 3. Endorsement of Regional Water Supply Plan B. Endorsement of the Regional Water Supply Plan (RWSP) and coordination and collaboration between of its iFnplengentation by the Consortium members that avoids duplicative efforts and cost are part of the ongoing commitment of the Participants jointly te meet the water supply needs ef the reg4en to jointly study and create a Regional Water Supply Plan. The RWSP is intended to be a clearing house for local water supply planning and provides support for individual water supply planning and decision making. Section 7 Dues I. The dues of each water provider participant shall be determined annually as follows: 1. Total annual dues for all members shall be set to equal the annual budget for the Consortium, not counting budget items to be funded by fewer than all the Participants as provided in Section 8. C., and taking into account any grants or non-dues monies available to fund the annual budget. 2. The total annual dues of Participants that are not water providers shall then be subtracted from the total annual dues- based budget, described in subsection 7.13.1. above, leaving a budget amount to be funded by provider dues. Dues shall be set so that the dues of each water provider reflects its proportional share of that sum based on the following formula: (a) 2-5% 50 % of the total provider shall be allocated proportionally based on the individual provider's proportional share of the total number of all Participants' retail customer accounts for the prior year. (b) 2-5% 50% of the total provider dues shall be allocated proportionately based on the individual providers' proportional share of the total average daily retail water use (in millions of gallons per day) in the prior year of all Participants. H-50% ef the tetal previder dues shall be allocated pFepeFtienally based on the individual ffeVideFfs average daily summeF peak seasen use (on Fflilliens intal grewth in use shall be based en the frem the first te the last year of the regienal wate,r recent Fegienal fOFeEast approved as a Plan eeunemls-.- (c) The change made to the Consortium's formula in FY 2004/5 shall be phased in at 50% in FY 2005/6 and at 100% in FY 2006/7. Section 9 Consortium Board B , naffle a representative (and an altemate) te serve en the Beard as nen veting ex efficie mernbers of the Beard; C. (7) periodically review the Plan comprehensively, on a schedule providing for review at least every five to ten years as needed, commencing with the date upon which the Consortium is was formed, or on a sherteF scheduled determined by the Beard-, G. To be effective, Board actions must be approved by a vote of the majority of the Board at a meeting at which a querum of two thirds a simple majority of the Board is present. Section 10. Consortium Technical Committee D The Ti,ehnical CeFn ffli shall at its d2seFetien, assign duties and tasks ted-dwFeet tlewm-k of the Teehn'ealSuneem~�ee-.—The Technical Committee under the provisions of any agreement or contract to provide staff shall supervise Consortium staff and assume the responsibility to draft proposed work plans, budgets, annual and other reports, plan amendments, and implementation proposals for submission to the Board or Executive Committee as appropriate. Section 11. Consortium Technical Sub-Committee Delete in its entirety. Section 12. Dispute Resolution It is the intention of the Participants to limit the issues available for dispute resolution. The issues raised must be related to interpretations of the express terms of this Agreement. No issues related to water supply development or programs developed by individual members may be raised. The e<pants Plan and the puFpese of this greerflent. it is that th rhowever, n9ay be disagreements affieng the Parteeipants en issues within the purview e rtherefere, estab+iAny such dispute shall, if possible, be resolved through the use of a mandatory, but non-binding dispute resolution mechanism established by the Board through its by-laws. Section 17. Agreement Amendment Amendments to this Agreement shall be recommended by the Board and shall be effective when authorized by the governing board, commission or council, as the case may be, of every Participant. (Signatory Block to be added by member agencies) CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Board and Committee Members FROM: Duane Roberts, Associate Planner DATE: 3/1/05 SUBJECT: Committee for Citizen Involvement The Committee for Citizen Involvement, or CCI, is the City of Tigard's primary public involvement and communication organization. Its purpose is to evaluate City communication and public involvement activities and to suggest how they could be improved or made more effective. The CCI presently consists of four members. To broaden and diversify the CCI, Council recently adopted a resolution that outlines a new approach to CCI membership. A copy of the Council resolution is attached. As specified, the new members are proposed to include one representative from each of the City's operating boards and committees. Currently, the CCI meets every two months. Recent agenda topics include the Downtown Plan public involvement process, publicizing TriMet route changes, the Goal 5 public outreach program, critiquing the City webpage, and ideas for the proposed Enhanced Neighborhood Program. As the resolution notes, citizen involvement and two-way communication is highly important to the City. Council invites each active board and committee to support the City's efforts in these areas by appointing a representative to serve on the enlarged CCI. CITY OF TIGARD, OREGON RESOLUTION NO. 05- C� A RESOLUTION EXPANDING THE MEMBERSHIP OF THE COMMITTEE FOR CITIZEN INVOLVEMENT TO INCLUDE REPRESENTATIVES FROM THE CITY'S ACTIVE BOARDS AND CONIMITTEES AND FROM FUTURE NEIGHBORHOOD ORGANIZATIONS WHEREAS, citizen involvement and two-way communication with its citizens is highly important to the City of Tigard; and WHEREAS, State law requires the City to maintain a citizen involvement program that insures the opportunity for citizens to be actively involved in the land use process;and WHEREAS, the Committee for Citizen Involvement (CCI) is the City's primary public involvement body for land use issues;and WHEREAS, the Committee's purview has been broadened to include both land use and the broad array of non-land use public involvement and communication issues; and WHEREAS,the Council in 1993 created the Citizen Involvement Teams; and WHEREAS, the Tigard Comprehensive Plan Policy 2.1.2.c designates the Citizen Involvement Team Facilitators as the City's Committee for Citizen Involvement; and WHEREAS,the Citizen Involvement Teams are no long active; and WHEREAS,the Citizen Involvement Team facilitators are designated as the City's CCI;and WHEREAS, of the original eleven members,the Committee currently includes only active four members; and WHEREAS, the City desires to broaden the Committee's membership to include individuals broadly representative of the City's geographic areas and diverse interests and perspectives, NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: I SECTION 1: The City of Tigard Committee for Citizen Involvement shall be expanded to include one representative of each active board and committee. SECTION 2: The City of Tigard Committee for Citizen Involvement can be expanded to include representatives of future Neighborhood Organizations officially recognized as such by the City of Tigard. RESOLUTION NO. 05 - Page 1 SECTION 3: This resolution is effective immediately upon passage. 4-h PASSED: This day of tj v1.0 0j 2005. Mayor- dity of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO. 05 Page 2 FISHING FOR ANSWERS I BY PEC; HERRIN( t began more than a decade ago. Little fish with crooked backs were found living in a stretch of the Willamette River near the town of Newberg,just south of Portland.The little fish,relatives of minnows and most 4 HE WILLAMETTE native to the river,got people worrying idle a little ways downstream on the for toxic chemicals that would explain about what could cause such deformed Willamette River at Wilsonville. People the fish deformities.Their studies con- skeletons in fish. Were they deformed refused to drink the water.What was in firmed that more than half of some spe- by unseen poisons that could endanger the Newberg Pool? cies sampled in the Newberg Pool had human health as well'?A brand new$14 The Oregon Department of Environ- kinked or crooked backbones,a much million water treatment plant sat almost mental Quality had spent years searching higher frequency of deformities than s 0[.. e The Wdlamette Mwe+r was the set*otsd"W,_ detective wA by a team of Agr cAml Etpolime Station silent SM x' they had found in fish living farther "We had x-rays taken of the three eaten by larger predatory fish.Other fish upstream.But the DEQ studies were not preserved fish;'Markle said,"and one of species rear their young in nests further able to find any significant difference in them had skeletal deformities exactly like offshore,and we found that those species chemical contamination between the New- what we're seeing now in the Newberg have a far lower rate of spinal deformi- berg Pool and sites they'd sampled farther Pool" ties." upstream.The water quality was the same, Next.Markle's team headed to the field Markle's team also found that among but the fish were definitely different.What to determine the distribution of deformed the broadcast spawners,such as northern was going on in the Newberg Pool? fish in the Willamette River.Sampling pikeminnow and chiselmouth chub,young fish along the 150-mile stretch between fish had a higher incidence of spinal Newberg and Corvallis,they confirmed rh)5 Lvas to reSet It'd)(Ifile DEQ findings that the Newberg Pool had twice the number of fish deformities than question, riot r,nystl�r r upstream near Corvallis. But by sampling in between,they found that the distribu- tion of deformed fish was not a simple , With more questions than answers, gradient. We found another hotspot about . concern grew in the communities along . halfway between Newberg and Corvallis, the lower Willamette River. In 2001,state Ferry:' ' wr near the Wheatland Fe Markle said. representative Mae Yih of Albany and "But between the two hotspots—Wheat- legislators from the Portland Metro area land and Newberg—we found a very low called on Oregon State University to find incidence of deformed fish:' out what was causing fish deformities in Although they found no geographic the Newberg Pool. pattern of distribution,they did find at 'This was a researchable question,not biological pattern. > a mystery of nature:'said Larry Curtis, "We found that fish species with the head of OSU's Department of Environ- highest incidence of spinal deformities f mental and Molecular Toxicology,"and 1 were broadcast spawners:'Markle knew we had the science and technologyexplained."That means they release their , .......... - to find the answer." eggs into the water and let the current Skeletal deformities can be caused by disperse them.The young,newly hatched many different things—toxic chemicals, fish swim into shallow water to avoid being infectious diseases,hybridization and more. So instead of focusing strictly on OSU toxicologist Larry Curtis used laboratory zebrafish water quality,Curtis engaged OSU faculty among other species to test the effect of highly from many different disciplines across concentrated river water on developing fish. the Agricultural Experiment Station to examine the question from several differ- _ 3 ent angles. Each person came to the study with their own theories of what could be causing these skeletal deformities;'Curtis said. "The collaboration across disciplines " . made it possible to do a comprehensive study that cross-examined evidence from - many different perspectives." With$500,000 from the Oregon Water- shed Enhancement Board and two years to complete their report,the scientists wen[ to work in 2002.Almost immediately,they discovered surprises and new challenges. Doug Markle,a professor of fisheries and wildlife at OSU,had known about ; the Newberg Pool deformities for several c years.He had searched the preserved s, specimen collections at OSU and beyond to see if such deformities had ever been observed in the past.They had.His search took him to the Smithsonian Institution in Washington,D.C.,where he found three northern pikeminnows that had been 3 collected from the Willamette River by a OSU researchers designed sampling equipment that would absorb dissolved chemicals from the river water just like a scientific expedition in 1855. fish or human would. 20 Oregon's Agricultural Progress Fall 2004 deformities than their older relatives. And expert in environmental toxicology.But changes in pulses,currents and seasonal they found that fish that hatched earlier characterizing water chemistry in a body differences that can concentrate some in the season,from May to mid-July,also as large as the Willamette River would be chemicals and dilute others.If you take a had higher rates of skeletal deformities. a challenge. sample in the afternoon you could miss a "Because we know that skeletal defor- "The Willamette River is not an pulse of chemicals released in the middle mities can be caused by many chemicals homogenous pool of unchanging water," of the night." —organophosphates and heavy metals, explained Kim Anderson,director of for example—water chemistry was a OSU's Food Safety and Environmental large part of the study,"said Curtis,an Stewardship Program."Its chemistry OJTe�c?l t fl PJ trillion.S one se.orlrf;r� .�? ,Clay;: rfs To further complicate matters,the chemists needed precise measurements of only the dissolved contaminants that • r. could be absorbed by fish or humans. i Measurements of total contamination in the river would blur their results.So Anderson's team designed and built sampling equipment that functioned like surrogate fish,simulating how a living creature would absorb dissolved contami- nants from the river.Suspended in the t+ E water column,the model fish absorbed y dissolved contaminants 24 hours a day,7 days a week,from May through mid-July, *4 when fish deformities were found to be most prevalent. One surrogate fish,essentially a thin plastic tube filled with a kind of vegetable oil,absorbed organophosphates in the same way fatty tissues do in fish or hu- mans.The other surrogate fish looked like a plastic milk jug lid and was filled with a resin that would absorb heavy metals. }_ The chemists knew that the contami- nants they were trying to track could be so dilute as to be undetectable using laboratory methods specified by the U.S. •�r Environmental Protection Agency(EPA). . So,Anderson's team developed new analytical methods that were 1,000 times f more sensitive than the EPA methods,that could detect chemical compounds diluted to fractions of one part per trillion. Anderson put that tiny fraction into ` perspective."One part per trillion is one second in 32,500 years,"she explained. ' "Or,if you put one orange golf ball on the football field at OSU's Reser Stadium and added one trillion white golf balls,then the stadium would need to be one mile tall." � Even at this extraordinary level of labo- ratory precision,the chemists found that most of the target chemicals in the Wil- lamette River were still below their limits t of detection.They examined river sedi- E- ments for persistent organic toxins,and 3 the few they were able to detect were far below any minimum exposure levels set -- --- - for human health.They even removed the When the OSU research team examined skeletal tissue in relation to x-rays,they found tiny parasites wedged into the ovaries from a sample of pikeminnows bones of deformed fish. just before spawning to see if there were Oregon's Agricultural Progress Fall 2004 21 traces of toxins in the eggs that could examined data from water samples col- disrupt bone development in young fish. lected by the U.S.Geological Survey from They found nothing that would explain upstream tributaries of the Willamette.He the high rates of fish deformities in the hoped to find measurable amounts of pes- Newberg Pool. ticides before they were diluted by the Still,the researchers challenged them- water in the main stem river.Testing for selves.Perhaps,they argued.there were the occurrence of nearly 100 different other chemicals in the river that could components of pesticides,he detected the contribute to fish deformities besides the presence of fewer than half,all at extreme- target compounds they were monitoring. ly low concentrations.Assuming these Or perhaps one chemical,that by itself chemicals could make their way to the was harmless,could become toxic in main stem,Jenkins calculated what the ` combination with trace amounts of other concentration of those pesticides would be seemingly harmless chemicals. in the Willamette at the point where river water entered the disputed water treatment ` � The Willamette River water plant at Wilsonville.Jenkins compared his� quality was passing every rest. =' So what was causing the fish - = deformities? OSU toxicologist Jeffrey Jenkins took up the challenge. Because you can't analyze river water sow for every possible chemical contaminant - mixture,Jenkins designed a test to expose _ fish in the laboratory to organic con- taminants concentrated from river water. , Jenkins and his team collected water samples from the Newberg Pool and other More than 80 percent of the deformed fish were found locations in the Willamette,then concen- to have tiny parasites drilled into their spines. trated the water into extracts that intensi- calculations with drinking water standards fied the dose of existing contaminants. In from EPA and the World Health Organi- the laboratory,they reared fish in these zation.The calculated pesticide levels fell various water extracts and examined them far below the allowable limits,a thousand for spinal deformities or other irregulari- to a million times—in one case a billion ties. times—below the accepted limits for Jenkins' team found that very few fish, drinking water. two percent or less in each water extract, The Willamette River water quality developed spinal deformities similar to was passing every test.So what was caus- those found in river fish. Finding no dif- ing the fish deformities? ferences among the various water extracts, _ Michael Kent,director of the Center for Fish Disease Research at OSU,had Jenkins found no evidence that unknown Fluke parasites live part of their lives inside snails before cultured tissues from the deformed fish, elements in the river water could be linked moving on to infect small fish in the shallow edges of searching for evidence of bacteria or vi- Examining every angle,the OSU to fish deformities. the river. ruses. He had found nothing. But when he researchers were not able to find a con- examined the skeletal tissue of deformed nection between water chemistry and fish fish in relation to x-rays that Markle pro- deformities.But the concern expressed by vided,he found tiny parasites wedged into people living along the lower Willamette the bones of the little fish. was as much about their own health,and Parasites live complicated lives.The their doubts about the new water treatment most prevalent parasite Kent's team found plant,as it was about fish.Was Willamette was a kind of fluke that begins its life River water safe to drink?Jenkins took his inside a snail.Later it's released into the research further to consider how much risk i water where it infects young minnows to human health was posed by chemical taking shelter in the shallows.The fluke pollutants in the Willamette River. p An infected pikeminnow,less than aninch-and-a-half parasite drills into the bones of newly It's impossible to calculate the risk from long,has a crooked spine characteristic of many minnow hatched fish,then encases itself in a cyst chemicals you can't even detect.So Jenkins like fish from the Newberg Pool. that disrupts normal bone development. 22 Oregon's Agricultural Progress Fall 2004 7 M1O.'• F i Minnows with deformed backs swim slowly where a fish was born that was the stron- Preserved fish specimens,such as these in the OSU and awkwardly.They're more visible and gest predictor of skeletal deformities. museum collection,helped researchers document that therefore more likely to be eaten by birds, spinal deformities have been found in Willamette River the ultimate host for the reproductive stage were parasites actually fish since the pioneer days. of the parasite's life cycle.Inside the bird, the parasite reproduces and its offspring are causing the deformities, or were Doug Markle speculated that perhaps excreted,finding their way back into snails, there are more snails in the Newberg Pool beginning the cycle again. deformed fish simply more or fish with a greater susceptibility to The biologists confirmed the presence parasites.In any case,unlike toxic chemi- of snails in the shallow water where young vulnerable to parasitic infection? cals,the parasites pose little or no risk to broadcast-spawning minnows seek shelter. human health.Cooking or freezing will Kent examined the tissues of hundreds The evidence undeniably pointed to kill the parasites in infected fish. of deformed fish collected from four sites parasites. Other possibilities,such as wa- On time and on budget,the OSU sci- between the Newberg Pool and Corvallis. ter chemistry,infectious disease and toxic entists delivered their report in July.2004, In more than 80 percent of the fish he contamination,had been carefully exam- with a public hearing in Wilsonville to found two kinds of parasites attached to ined but could not explain the deformities. explain to the community what they had the bone deformities. "Such lack of evidence from any single found. Both the supporters and the detrac- One question lingered: were parasites investigation would seem to have little tors of the new water-treatment plant were actually causing the deformities,or were significance,"Kent said,"but the negative pleased with the report's results. deformed fish simply more vulnerable to results from so many lines of investiga- "That's a sign we've been an honest bro- parasitic infection?Kent tested the ques- tions served to strengthen the positive ker of information and produced a balanced tion in the lab,exposing healthy labora- results we found with parasites." report,"Curtis said."There are new ques- tory-born minnows to infected snails.The Discovering the link betweenpara- tions that would be interesting to pursue, laboratory fish developed curved spines, sites and fish deformities answered some but this wasn't an invitation for open-ended split vertebrae and other skeletal deformi- questions and prompted more.Why,for research.We were called on to answer one ties to the same degree as those found in example,is there a higher incidence of question—what's causing fish deformities the Newberg Pool. Kent demonstrated that parasitic infections in the Newberg Pool in the Newberg Pool?—and we answered it was the presence of parasites when and than elsewhere in the Willamette basin? it" Oregon's Agriculturul Progress Full 2004 23 FAX TRANSMITTAL Date March 7, 2005 Number of pages including cover sheet 3 To: Jane Turner From: Twila Willson Co: City of King City Co: City of Tigard Fax#: 503-639-3771 Fax#: 503-684-8840 Ph #: 639-4171, Ext. 2597 SUBJECT: Intergovernmental Water Board Meeting MESSAGE: Included is the Intergovernmental Water Board meeting notice and agenda for the March 9, 2005, meeting. If you have any questions, give me a call. Thanks! I:�ENGTAKDOT HP OfficeJet G Series G85xi Fax-History Report for Personal Printer/Fax/Copier/Scanner CITY OF TIGARD PW 503 684 8840 Mar 08 2005 3:22pm Last Fax Date Time T Identification Duration Pales &gjA Mar 8 3:21pm Sent 503-639-3771 0:46 3 OK Result: OK - black and white fax Okay color - color fax FAX TRANSMITTAL Date March 7, 2005 Number of pages including cover sheet 3 To: Roland Signett From: Twila Willson Co: City of Durham Co: City of Tigard Fax #: 503-598-8595 Fax #: 503-684-8840 Ph #: 639-4171, Ext. 2597 SUBJECT: Intergovernmental Water Board Meeting MESSAGE: Included is the Intergovernmental Water Board meeting notice and the agenda for the March 9, 2005, meeting. If you have any questions, let me know. Thanks I:kENG\FAX.DOT HP OfficeJet G Series G85xi Fax-History Report for Personal Printer/Fax/Copier/Scanner CITY OF TIGARD PW 503 684 8840 Mar 08 2005 3:24pm Last Fax Date Time I= Identification Duration PAM Result Mar 8 3:23pm Sent 503-598-8595 0:46 3 OK Result: OK - black and white fax Okay color - color fax