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M�;rray t :tit . . ..::...:.::: _::. - . . :: .::: :: '........ . .. . ... .:::.. .: 1Vlenlo Reservoir Site .. . -- . .. ,.:.. 7: :..:. . t irect. . Bort . a. 'rrgss Report .: . Regional t1p _ .. . -. - -op..Agenzia<It s 1dlcx�rrim+�n : - . .:.. . �..: .... ... Exuiv+e S €% >' € rgce�aa atr:; r . itay I .g+ # xti# .. unser p�UVtslt 4 �£t R . Gd. f ):>,( :(0.-`A :°l ba : .. Dlauc� s, F � # ¢ ani ct}r t :� ting des : . - : % I. . d ssions ver thin this sess are c�n£�dent al;`� �mg ttus ui g ,may t disclosed by t pres s R tw. z fiatlu s a Vie.nets.media see .-1.�.... attend`this session.but rinust�disclose�y u�©rma�at�:clis+cuss�+d dur%x���h��:�irs�: . . --- . ��� . .. .. .. r Intergovernmental Water Board Meeting Minutes July 23, 1997 k c } Members Present: Paul Hunt, Patrick Carroll, Bill Scheiderich, Beverly Froude Jan Drangsholt F Staff Present: Ed Wegner,Mike Miller, John Early, Kathy Kaatz Visitors: No Visitors present 1. Call to Order The Regular meeting of the Intergovernmental Water Board meeting was called to order at 5:30 p.m. on July 23, 1997 2. Roll Call and Introductions Roll call was taken and all Board members were present. 3. Visitor Comments There were no visitors present. 4. Approve May 14, 1997 Meeting Minutes A motion was made by Commissioner Carroll for approval of the minutes from the May 14, 1997 meeting which was seconded by Beverly Froude and passed unanimously. 5. Director's Report Mr. Wegner began by apologizing for the minutes being distributed on the day of the meeting. Mr. Wegner continued by discussing the following: Water Supply June average daily demand was 6.4 mgd with the first 20 days of July average being 8.04 mgd with peak day being 10.39. Commissioner Scheiderich questioned when Bull Run would be imposing conservation. Mr. Wegner stated that Bull Run started their draw down on Monday and the bubbler system went to push buttons this week with public service announcements beginning this weekend. Tigard has water conservation billing inserts during this billing cycle. Mentor Reservoir Update Already discussed. Intergovernmental Water Board Minutes-July 23,199 7 1 { M Water supply July 1 was the beginning date to purchase 4 mgd from Portland. A study that Murray, Smith and Associates plus six other agencies on the Washington County Supply Line have worked on has produced a draft agreement with an executive report to be completed within the next month or so. At the last meeting Commissioner Hunt requested that we prepare a report on the comparison on the purchases, production and costs of the last couple of fiscal years which was distributed to the Board members. Commissioner Schedierich questioned the per capita cost for residential use? Mr. Miller stated that they have not done that yet although they do have the ability to separate the residential use versus commercial use. Commissioner Hunt questioned the status of the negotiation with Lake Oswego? Mr. Wegner stated that will be discussed in Executive Session. Commissioner Schedierich questioned when the bid award date is for the Menlor site? Mr. Wegner stated that hopefully August 12 although he would be discussing this further in Executive Session. Commissioner Hunt also questioned whether we would be discussing in Exec Session the negotiation with Wilsonville. Mr. Weger stated that would also be discussed. 6. Non Agenda Items Commissioner Froude stated that she had a telephone call from a person that resides in the Tigard Water Service area and has raised a question in her mind. Ms. Froude continued by saying that this is a property that is located where the water reservoir tank is above King City. Ms. Froude stated that the previous owner of that property apparently have a letter stating that the Tigard Water District will keep the grass mowed on the road up to the property as well as maintenance of the gravel area. Ms. Froude stated that she wondered if there were other letters or agreements such as this and do we have copies of those? Mr. Wegner stated that two years ago the City attempted to find a letter regarding this property to no avail. Mr. Volk and Mr. Wegner met with the previous property owner and to date have not seen the letter. Mr. Wegner stated that they informed the property owner at that time that the City was changing the methods of maintenance, since are top priority are water issues rather than maintenance of water sites. Mr. Wegner stated they did make a verbal agreement with him that we would mow the road right-a-way when the regularly scheduled mowing is done as well as doing the gravel roadway to the reservoir site when we do our scheduled gravel roadway maintenance. Mr. Wegner stated that the property owner was informed that the City crews would not go onto private property for maintenance. Commissioner Froude requested that a letter be written to Tun McCoy(new property owner) addressing this issue. Mr. Wegner agreed to send letter to Jim McCoy. Intergovernmental Water Board Minutes-July 23, 1997 2 Commissioner.Froude questioned whether there are other letters similar to this? Mr. Wegner stated that there are a couple more agreements, although at this time they have not been put in writing. Commissioner Drangsholt stated that she has received a call from a resident regarding the fire hydrants in King City and questioned whose responsibility they are? Commissioner Drangsholt stated that this citizen reported that most of the hydrants in the area only have 2 ports and they would not be useable by a fire truck. Mr. Wegner stated that we are responsible in ensuring that hydrants are installed properly. Mr. Miller stated that the current installation requirement is for installation of a 3 port fire hydrant, which was effective in the 1970's. Mr. Miller stated that the older hydrants are scheduled to be replaced with 3 port hydrants, although the fire flow in King City is excellent and there is no danger with these hydrants. 7. Executive Session A motion was made by Jan Drangsholt for the meeting to go into Executive Session under ORS 192.660 to discuss matter of real property and litigation issues. The board resumed open session of this meeting at 7:00 p.m. Mr. Wegner questioned whether the Board would authorize the Tigard City Council to award bid on the Menlor Reservoir site or would he need to attend meetings at the other jurisdictions for authorization. The Board agreed to authorize the Tigard City Council to award the bid on the Menlor Reservoir site. Mr. Wegner.stated that prior to Mr. Wegner going to the City Council with a recommendation, he will keep the Board apprised of the recommendation. The Board had a brief discussion on the error in bidding and Commissioner Scheiderich stated for Mr. Wegner to proceed with the apparent low bid on the Menlor site. Mr. Scheiderich questioned whether the Clute property transaction was complete? Mr. Wegner stated that the Clute property transaction is finalized. Commissioner Carroll questioned whether the Board would be informed if the apparent low bidder situation fails? Mr. Wegner stated that he would be keeping the Board apprised of all discussion in this matter and would proceed as necessary according to legal council advise. 8. Adjournment The regular meeting of the Intergovernmental Water Board was adjourned at 7:04 p.m. with a motion made by Commissioner Hunt. kathyVwb\iwb7-23 Intergovernmental Water Board Minutes-July 23, 1997 3 Tuesday, September 16 , 1997 DRAFT Re: Long Term Water Supply Status Update Willamette River Supply System Development 1. On going Willamette Supply System issues: a) Participating Entities and status b) Completion and adoption of IGAs c) Tigard's short term water supply needs until supply is on line d) City of Portland coordination e) Coordination with Public Information program - Selection of P/I firm f) Land purchase status g) Resolution of existing water rights issues 2. Background: Review Tigard water supply, discuss Lake Oswego and Portland a) Lake Oswego - Recommended long term supply in 1994. Events of the following year lead to elimination of option. Available supply expected to decline over next 5 years. b) Medium term supply option presented to Council in June 1996. 1. TVWD offered to provide 8 - 13 mgd to Tigard for 10 - 15 years. Council authorized analysis and evaluation of alternative. a. City of Portland brought into analysis as well a all communities served by the WCSL as well as Wilsonville and CRW b. Included hydraulic analysis of WCSL C. City of Portland's west side transmission system capacity also evaluated(included Tigard's Bradley Corner supply) 2. Results: a. WCSL is approaching design capacity of 60 - 65 mgd b. The capacity limits of City of Portland west side transmission facilities also established and confirmed by Portland. C. City of Tualatin demands will exceed contracted allotment in 5 to 7 years d. City of Sherwood also will see demand growth and potential limits on supply e. City of Wilsonville is in the worst shape, not presently connected to any other supply outside of wells. Aquifers declining and demands increasing. f. For Tigard WCSL will provide 1-3 mgd on peak day, some short term help - this study shed light on the overall supply from Portland to Tigard 1 c) Portland 1. Very important short term supply, has assisted Tigard greatly 2. Tigard's demands grow, COP cap stays same or may drop as SW Portland demands increase 3. Without system improvements the capacity of the Bradley Corner connection will be inadequate within 7 to 10 years. 4. Tigard's agreement for water with Portland expires on 2007. Portland should continue to a very good partner for short term water supply up to this point, beyond then, is unknown 5. RWSP found that Portland's existing capacity is enough to take care of Portland to 2050. Portland can disconnect all users, not make any supply/source improvements and be ok for the next 50 years. 6. As presented in 1994 a long term Portland supply for Tigard has many unknowns. 7. Portland's desire and ability to provide a long term water supply to Tigard is unknown. 8. Portland supplies Tigard through Portland's distribution system. To supply Tigard up to 2020 means new transmission facilities most likely from Powell Butte to Tigard. Exact costs, configuration and schedule are unknown, but comparable to a paralleling of the WCSL. 9. Supply to Tigard may also mean significant treatment and conduit system and/or dam improvements. This may include a water treatment plant, third dam in the Bull Run and or modifications to other dams. Costs not known but big numbers suspected. 10. Costs would be passed directly onto Tigard through rates in new contract (most likely a surplus water contract) and after 25 years Tigard would have paid for the system improvements and still own nothing. 11. Portland has historically not allowed wholesale customers to own parts of its supply system. (WCSL is owned by Portland and capacity sold to other providers). It is unknown if Portland will offer ownership in the future. 12. The future status of Portland's groundwater wells is unknown with respect to water quality concerns. Treatment is an option, configuration and costs unkown. 13. The political climate in Portland may limit the City's ability to supply outside users. The historical policy of Portland has been to serve outside users, this could change. 14. Decisions ultimately up to Portland City Council, not easy to predict how future water policy decisions will go. 15. Portland has been Tigard's best ally with respect to short term water supplies for the last few years. After almost 4 years the same questions and concerns with a Portland long term water supply are still there. 2 3. The development of a Willamette River Water Supply System now appears to be Tigard's best opportunity for long term water supply. Many factors make a) Demands increase, supplies are finite (for Tigard 7 to 10 years) other in the ragged edge b) Potential partners have expressed interest, looking for a leader c) City and District staffs have completed many important preliminary tasks and leg work, credit to Ed and his leadership ability. d) TVWD gives Tigard senior water right e) OWRD seeks to resolve multiple filings at Wilsonville f) Land- TVWD holds option on DSL land DSL wants resolution g) Land - Wilsonville has made offer on WTP site h) Gene Seibel very committed to Willamette supply, Jesse Lowman to retire in 2 years - key play and backer of project i) TVWD has committed to consider financing portions of facility oversizing for system expansion. j) Regulatory issues now understood, 1994 pilot study found treated Willamette River Water of highest quality k) Proposed threatened or endangered species listings may impact supply development. 1) Much has been ackomplished over the last year, still work to be done, there are Aftw unkowns related to a Willamette Supply as well, these include: 1. Public perception 2. WTP Siting 3. Water rights - PGE's existing pre 1909 claim for all the water going over Willamette Falls at West Linn 4. Intake siting and permitting 5. To name a few -"4-. The Willamette River Supply System Preliminary Engineering Report serves to support needed governance, financial and technical information needed as a first step toward the completion of the supply system. The report includes the following elements: a) Project participants, who is interested in ownership or wholesale customer role b) System components (size, location and alignments): 1. River intake (includes critical issues): a. Siting b. Permits C. Fish protection 2. Water treatment plant ,, a. Transmission system Siting 3 b. Permits c) Fish protection d) Facility oversizing e) Project cost estimates f) Estimated cost of water g) Project funding 1. Bond election and sale 2. Cost allocation h) Project schedule i) Permits, easements and property acquisition j) Water rights k) Future system expansion 5. Sensitive project issues: a) Public acceptance of Willamette River Supply b) Wilsonville prison c) Potential siting issues with the City of Wilsonville d) DEQ Raw water study e) City of Portland politics Goal of meeting: Council Authorization for Ed to negotiate a scope of services and an agreement for engineering services with MSA for the completion of a Preliminary Engineering Report of the Willamette River Supply System. 4 AGENDA ITEM# J FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion by Murray, Smith and Associates regarding long-term water supply issues. PREPARED BY: Ed Wegner DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL A discussion by Murray, Smith and Associates regarding long-term water supply issues facing the Tigard Water Service Area. STAFF RECOMMENDATION Murray, Smith and Associates will ask the Council for input into the direction we should proceed in securing long-term water sources for the Tigard Water Service Area. INFORMATION SUMMARY Murray, Smith and Associates completed a Water Supply Plan Update in 1994. Included in the study were various criteria and selected options for possible long-term water sources. Since that time, many options have been discussed or studied with other regional water providers. A discussion will be held outlining the pros and cons of these studies and how they would impact our water supply in the years 2005 to 2050. OTHER ALTERNATIVES CONSIDERED Other alternatives have been explored in the past three years and this presentation will outline an update of these options. FISCAL NOTES Depending on the decision made by various agencies within the next few months, the costs could vary. We will keep the City Council and Intergovernmental Water Board regularly updated. i:`ciryvvidvmsa.sum ti 97 INTERGIVE ' REEMENT CREATIN TXWRMK.SUFYLY AGENCY THIS INTERGOVERNMENTAL COOPERATIVE AGREEMENT is entered into by and between the following parties: Tualatin Valley Water District, a Dom � Water Supply District `, formed under Chapter 264("TVWD"),Clackamas River Water, aD stic Water Supply District formed under Chapter 264 ("CRW"), Canby Utility Board, a ip 1,utility formed pursuant to ORS Chapter 225 ("CUB"), the City of Sherwood, a manic, alcorporation("SHERWOOD"), The City of Gladstone, a municipal corporation ("GL I TONE?), the ,:City of Tigard, a municipal corporation ("TIGARD") and the City d-' Tualatin, a. municipal corporation ("TUALATIN"). F. .'i RECITALS: A. WHEREAS, the parties `have .the 6uthority to enter into this Agreement pursuant to their respective principal acts, t hatters,. and 0RS 190.003 et sea.; and B. WHEREAS, the parties with the present exception of SHERWOOD and TUALATIN either hold water rights or have applications pending to appropriate water for municipal and industrial purposes on the Willamette River within that reach of the river from Lake Oswego to Wilsonville; and C. WHEREAS, the parties are participants in the Regional Water Providers Consortium ("Consortium") to develop and implement the Regional Water Supply Plan ("RWSP"). The RWSP anticipates the use of the Willamette River as a source for a portion of the entire metropolitan region's domestic supply through the year 2050; and D. WHEREAS, the RWSP anticipates that some entities may desire to develop and use the Willamette River prior to broader application of that water throughout the metropolitan region and that the entities hereto presently or in the near future will have water supply needs that could be met by the Willamette River and it may be the most economic, efficient, and available source; and E. WHEREAS, consistent with the RWSP these entities wish to create the Willamette Water Supply Agency ("WWSA") under ORS Chapter 190 to study their local water demands, jointly evaluate water quality and the use of existing permitted rights and future rights and areas of usage, and jointly evaluate and determine potential sites for a water treatment plant, intake and pipeline routing and be the lead agency within the Consortium concerning municipal appropriation from the Willamette River; and F. WHEREAS,fhe parties are desirous of instituting a public education effort relating to use of the Willamette River as an appropriate municipal water source and to undertake efforts to keep the Willamette River under consideration as a viable source for local and regional needs; 1 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.1GA ALK and being fully advised, NOW, THEREFORE, the parties hereto agree as followf SECTION 1. WILLAMETTE WATER SUPPLE AGtNCY 1.1 WWSA. There is hereby created the Willamet 0 Vater Supply Agency ("WWSA"). The members of WWSA shall number seven (' ). The governing body of each party shall appoint one (1) member. Members of WWSA shall serve at the pleasure of their respective appointing bodies. The addition of new members shall require the consent of a two- thirds majority of existing members. 1.2 General Powers and Duties. WWSA shall have the following powers: 1.2.1 To adopt such bylaws, rules,regulations, and policies as it deems necessary in furtherance of the purposes of this Agreement; 1.2.2 To study the best method to develop water sources on the Willamette River between Wilsonville and Gladstone. Scope of work for specific tasks or projects/project governance and monetary responsibilities shall be negotiated on a case by case basis which may be by addendum to this Agreement; 1.2.3 To perform and exercise pursuant to the Charter or principal Acts of the parties or by Section 190.003 through 190.250 of the Oregon Revised Statutes, all powers pursuant to applicable charter, ordinance, or state or federal law which are necessary or desirable to efficiently and effectively develop water sources on the Willamette River; 1.2.4 To receive and hold existing water rights and to develop water rights on the Willamette River, and all actions necessary to preserve and protect them, to take all action necessary to design, permit, construct and operate, maintain and replace water intakes, treatment, storage, transmission and distribution facilities, equipment, and rolling stock as agreed ("the System"); 1.2.5 To issue, sell or otherwise dispose of bonds, securities, or other forms of indebtedness, including the power to issue revenue bonds under ORS 288.805 to 288.945; 1.2.6 To sell water, adopt system development charges and engage in rate making pursuant to state and federal law as authorized by the members; 1.2.7 To engage in public education and public involvement to keep the 2 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT C1MTVWD\TVWD0198.1GA y, Y Willamette River under consideration asable local and regional water source and to educate the public regardin tlieviability of the Willamette River as a domestic water source- 1.2.8 To purchase, own, hold, approp � d condemn land, facilities, rights of way either in its own n the name of the individual parties hereto to develop Willame v ,rights. a 1.2.9 The parties acknowledge that5A shall be the lead agency and contact point between the members hereto and the Water Providers Consortium as to issues concerning municipal appropriation from the Willamette River, unless otherwise agreed. 1.3 Duration. Subject to Section 3 of this Agreement dealing with termination or withdrawal, the duration of this Agreement shall be perpetual. 1.4 Meetings; Manner of Acting. Meetings of WWSA shall be conducted in accordance with the provisions of the Oregon Public Meeting Law, Oregon Revised Statues Section 192.610 et seg. Four (4) members of WWSA shall constitute a quorum for the transaction of business and if only a quorum is present, a majority of those present shall be necessary to decide any issue except financial matters or new membership. Any decision of WWSA seeking financing or other financial obligation, or other forms of indebtedness, shall require an affirmative vote of the governing body of each entity that will financially participate in any project. The WWSA member may bind his/her entity without governing body approval if the amount in question is within his/her delegated contracting authority. 1.5 Officers. Annually, at the beginning of each fiscal year, WWSA shall elect from its membership a Chair and Vice-Chair who shall be officers of WWSA who shall serve a term of one (1) year. WWSA shall also appoint a Secretary who need not be a member of WWSA who shall be responsible for WWSA's records and shall keep a record of all WWSA proceedings. Officers shall serve at the pleasure of WWSA or until their successors shall be appointed and take office. 1.6 Budizetins;, Accounting, Audits. WWSA shall annually prepare a work plan and an estimate for the next fiscal year and distribute it to the members by February 1 of each year. This work plan shall be referred to as general administrative. It is anticipated that each party shall budget its own staff and funds for costs or provision of in-kind services as necessary. Each party's apportioned share of the general administration expenses shall be determined by the same formula used to determine annual administrative contributions to the Regional Water Supply Consortium. For subsequent projects, for improvements and facilities, each party's apportioned share of the expenses shall be estimated and set forth in addenda to this agreement detailing the scope of work to be performed, participants and ownership, and the amounts so estimated shall be budgeted and appropriated by the participants in accordance with local budget 3 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA law. WWSA shall maintain financial reports showing its expenditures by category item for each transaction through the last working day of the pre 1galendar month. If necessary, WWSA shall cause an independent audit to be performed o Odted by a certified public accountant in accordance with ORS 297.405 et sem,., wii¢iohths following the end of each fiscal year. r= '4Y4 itS�:Nor SECTION 2. SURFACE WATER RIGHTS & FACILI 2.1 Delegation of Powers. The functions of source management, and water treatment may be performed by WWSA, pursuant to subsequent agreements authorized by the members. Transmission and storage shall be performed by the parties using those facilities. It is the primary intent and purpose of this Agreement to allow the individual entities to develop information, participate in the study and negotiate relevant agreements regarding implementation of recommendations to design, construct, finance, own and operate facilities within their respective boundaries. WWSA may contract with any entity regarding performance of services. WWSA and each individual entity shall define the scope of individual entity contributions or individual efforts. 2.2 Contributions of Vested and Pending Water Rights. Presently permitted surface water rights to the Willamette River are held by TVWD (130 mgd) as WRD Permit No. 49240, (hereafter "existing rights"). Pending applications before the State Water Resources Department ("WRD") filed by all parties, except SHERWOOD and TUALATIN, are also set forth on Exhibit 1 (hereafter "new rights"). The existing and new rights together specify areas of usage covering the service territories of all members of WWSA. Following execution of this Agreement and formation of this entity, the parties hereto agree to execute all documents necessary to assign ownership of the existing 1973 permit to WWSA and identify WWSA as the applicant on the pending application for new rights. Thereafter WWSA shall exclusively own and manage the resources subject to this Agreement. 2.3 Allocation of Water and Diversion Point. WWSA shall become the sole holder of these rights. WWSA and its members shall each have a duty of good faith and fair dealing with each other and commitment to reasonably allocate the Willamette River water and manage the System according to an individual member's needs, considering that member's: 2.3.1 Capital contribution determined as land is acquired, facilities are constructed or cash is contributed; 2.3.2 Demand forecast for a rolling 20-year time period; 2.3.3 Development and implementation of a water system management and conservation plan consistent with the requirements or guidelines of the Regional Water Plan. 2.3.4 Other factors as agreed by separate addenda or written agreements. 4 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT Cls\TVWD\TVWD0198.1GA Subject to Section 5.2 below, WWSA shall identify and approve diversion points along the subject reach of the Willamette River and take necessary action before WRD to allow for withdrawal in the following general quantities at the following diversion points: 1973 Rights Permit # p LE 154.6 cfs/99.40 mgd 49240 W 35 cfs/22.60 mgd 49240 SONE... 12.4 cfs/8 mgd 49240 TOTAL 202 cfs/130 mgd 49240 When permits are issued for the new rights, water allocation generally will be consistent with the Regional Water Supply Plan and the points of diversion identified in the applications unless the parties otherwise agree by addendum or separate agreement. 2.4 Administration of Water Rights. By assignment of ownership of the Willamette River water rights, WWSA shall have the full authority to modify, combine or abandon rights and permits and seek new sources through new permits or contracting for stored water for municipal and industrial needs as the members approve. SECTION 3. CAPITAL CONTRIBUTIONS. 3.1 Assets. Without limitation, the existing and new rights enumerated in attached Exhibit 1 (the "System") shall be employed in the System and are hereby contributed by the parties. Future agreements or addenda will identify other assets and how they are to be accounted for under this Agreement. 3.2 Effect of Membership. Each party's annual contribution towards General Administration shall entitle it to member status and each party shall own an undivided interest in the system as reflected, which shall be adjusted by capital contributions over time as set forth in Addenda or by separate written agreement. If membership status is maintained, then each party will have the right to equity participation in the construction of new or expanded facilities as they are proposed, have an option to purchase an interest in new or expanded facilities at future times, and/or to be a wholesale customer. SECTION 4. OPERATION AND MAINTENANCE. 4.1 Generally. At such time that facilities are constructed, unless otherwise agreed in writing by the entities financially participating in the facility, the system shall be operated and maintained by WWSA, WWSA may contract with members or others to provide daily management of all or a portion of the System. Operation and maintenance will be determined 5 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA at that time by the equity participants through subsequent a d .<a SECTION 5. CONSTRUCTION OF FACILITIES. r 5.1 Proposal to Construct. If any member should desire to construct, expand or modify the System as now or hereafter configured, including the siting of a plant at one of the designated diversion points of 2.3 or at another location on the Willamette River, it shall notify WWSA and the other members in writing of the proposed construction, expansion or modification needs ("Project"). WWSA shall have 90 days in which to determine whether to participate in the proposed project. The notification shall include cost estimates and a reasonably detailed description of the proposed project. The members, within 90 days, shall notify the WWSA of their acceptance or rejection of participation and cost shares shall be allocated. If notice of acceptance is not received within 90 days, the proposed project shall be deemed rejected by the members failing to respond. 5.2 Individual Rights. The parties intend to provide a method of decision making by anticipated diversion points. Facilities constructed shall be in the name of WWSA but decision making shall be by the participating members as set forth in the Project Agreement. If WWSA elects not to construct, expand or modify as proposed by an individual member or members, then by separate written agreement or addenda any member or members may proceed with the 1973 rights assigned to that diversion point if the members of WWSA likely to be served by that diversion point or facility approve the technical aspects of the proposal to ensure the project will not be inconsistent with the RWSP or future compatibility with individual members systems. If the proposal is found inconsistent or incompatible, the member(s) may use its own water rights held outside this agreement. Under all circumstances, no such project shall impair the ability of the System to serve the other members or significantly increase the cost of usage to the other members unless the member(s) undertaking the project agrees to pay the increased unit costs to WWSA or the members which have declined to participate in the expansion. If the members likely to be served by the diversion point or facility do not approve use of the 1973 rights, then the individual entity may use other water outside this agreement or use the termination provision of Section 7. The parties agree that absent termination, only WWSA may apply for water rights to the Willamette River. 5.3 Tigard. In consideration of the abandonment of its 1995 permit application to appropriate 40 cfs, TVWD and the members of WWSA hereby allocate 40 cfs of the 1973 right at the Wilsonville diversion point to Tigard. If Tigard desires to construct a conventional treatment plant at Wilsonville to develop this right and no other members wish to participate, Tigard may proceed without further approval from WWSA or its members, but subject to 5.5 below. 5.4 Regulatory Matters. All parties served by a facility shall share proportionately in cost if expansion or modification is necessary to meet regulatory requirements, unless subsequent agreement or addenda provides otherwise. 6 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\rVWD0I98.IGA 5.5 Option to Acquire Interest. WWSA or thall-have the option, at any time within ten (10) years of the d j chase an ownership share of the project at a mutually agreed u e a ent terries. SECTION 6. SALE OF TREATED WATER TO OTHER ENTITIES. 6.1 WWSA. The members agree that the Willamette River water rights now existing or hereafter acquired are for regional application as part of the RWSP. The parties agree to work in good faith to accommodate other users on an ownership, wholesale, mutual aid or emergency basis. Subject to paragraph 6.2, WWSA or its members shall have the power to sell treated water to other non-member entities at prices determined from time to time by WWSA. 6.2 Proceeds of Sales. The proceeds attributable to the sale of treated water to an outside entity shall be paid to WWSA. Any distribution of these proceeds shall be as the members agree after expenses and costs of debt service, construction, operation and maintenance are met. 6.3 Transmission Line Charges. Sales to any entity which may require transmission through lines may be subject to a transmission line charge to be established by the owner. Charges for use of transmission lines shall be collected by WWSA from the user and paid to the owner of the transmission line. 6.4 Other Charges. Other charges may be established by WWSA as necessary and 1440W agreed by the parties. SECTION 7. TERMINATION. 7.1 Notice of Election. Any party may elect to terminate this Agreement and withdraw from WWSA by giving written notice of its desire to WWSA and other member parties. Withdrawal shall be effective one hundred eighty (180) days from the date of notice. Upon the effective date of notice of withdrawal, unless otherwise agreed by the withdrawing party and WWSA, that party shall immediately cease membership in WWSA. The withdrawing entity shall continue to pay its share of, or be responsible for, any previously incurred joint debt, and shall hold harmless the remaining members for those financial responsibilities and obligations attributable to the withdrawing party. 7.1.1 If WWSA, after receiving the notice of termination, desires to purchase the terminating interest in the System, it shall notify the terminating member in writing of its desire to purchase the terminating member's interest at lesser of market value or depreciated book value. Such notice shall be given within 60 days of receipt of the notice of termination. 7.1.2 If WWSA declines, then the one or more remaining members may give notice within 60 days after notice of WWSA's decline of that member's 7 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA intent to purchase as provided herein. Unless otherwise agreed in writing, the purchase shall be purchased equally among the buying members and their capital accounts shall be adjusted accordingly. 7.1.3 The price to be paid, whether determined by mutual agreement or arbitration, shall be paid to the terminating party in full within 12 months following the date of termination set forth in the notice of intent to terminate. If the other party fails to pay the purchase price within 12 months of the date of termination and if the parties are unable to agree upon a mutually acceptable payment schedule, then the terminating member shall have the right to sell its portion of the facility to any other entity approved by a majority of the governing boards or councils from the remaining members. 7.1.4 In the event that the WWSA or the remaining members fail to purchase the interest of the terminating member within the 12-month period, or in the event the WWSA or the remaining member(s) decline to purchase its interest, then the terminating member's rights and duties shall be those specified in this Agreement until a sale is made to some other entity or some other mutually agreeable disposition is made and the original owner rk. b �`> shall remain responsible for all terms and conditions of this Agreement. 7.1.5 Notwithstanding anything to the contrary, because TVWD contributed the existing permitted rights (1973 rights), no withdrawing party shall be compensated for the value of those 1973 rights except TVWD. If TVWD decides to withdraw from WWSA, it may: ` a) leave the entire 1973 water right with WWSA and WWSA shall purchase the right as appraised along with the entities' other assets. However, 40 cfs shall not be valued as part of this appraisal and purchased because it is allocated to TIGARD in consideration of TIGARD'S relinquishment of its 1995 permit application; or b) leave the allocated portion of the 1973 rights which will be valued and purchased by WWSA and take the unused remainder back to its sole ownership. However, 40 cfs shall not be valued as part of this appraisal and shall be included in the portion left in WWSA as it is allocated to TIGARD in consideration of TIGARD's relinquishment of the 1995 permit application; or c) TVWD may leave all the 1973 rights and, in lieu of monetary compensation, receive an equal amount (202 cfs) of junior rights under 7.1.6 below. 8 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA 7.1.6 For the parties other than TVWD, in the event of termination, the terminating member shall be entitled to have conveyed to it by WWSA the ' water rights associated with the pending application the terminating -- - member contributed to WWSA. For example, if the pending application Axl was approved for Canby in the amount of 12.4 cfs and Canby terminates, Canby shall relinquish all rights and claims to any water allocated to its fi . diversion point under the 1973 Permit contributed by TVWD and WILSONVILLE, and WWSA shall assign to Canby the 12.4 cfs Permit right that Canby contributed to the entity. Thereafter Canby shall rely only upon that 12.4 cfs water right and have no further right or claim to other WWSA rights. 7.1.7 The parties agree that TIGARD shall have a firm right to 40 CFS of the TVWD 1973 rights in consideration of its abandonment of its 1995 permit application. 7.1.8 The parties agree to cooperate to execute all documents necessary to make water right transfers and assignments. 7.2 Breach. Upon material breach of this Agreement,WWSA or an aggrieved member may seek all remedies available at law or in equity. 7.3 Dispute Resolution. 7.3.1 Method for resolving disputes. If a dispute arises between WWSA and a member or between members regarding breach of this Agreement or interpretation of any term of this Agreement, the parties shall first attempt to resolve the dispute by negotiation, followed by mediation, if negotiation fails to resolve the dispute. Step One: (Negotiation) The Manager or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The nature of the dispute shall be reduced to writing and shall be presented to each Manager who shall then meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a written determination of such resolution, signed by each Manager and ratified by the WWSA which shall be binding upon the parties. Step Two: (Mediation) If the dispute cannot be resolved within thirty (30) days at Step One, the parties shall submit the matter to non-binding mediation. The parties shall attempt to agree on a mediator. If they cannot agree, the parties shall request a list of five 9 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT C1B\TVWD\TVWD0198.1GA (5) mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one (1) name. The two selected shall select a third person. The dispute shall be heard by a panel of three (3) mediators and any common costs of mediation shall be borne equally by the parties who shall each bear their own costs and fees therefor. If the issue is resolved at this step, r: a written determination of such resolution shall be signed by each Manager and approved by the WWSA. —7 .:. Jurisdiction of Circuit Court. After exhaustion of 7.3 processes, if the parties \ ` ispute or claim shall be settled by arbitration under the jurisdiction of the Circuit State of Oregon for Clackamas County pursuant to ORS Chapter 36. In the absence greement, that same court shall have jurisdiction. ION 8. AMENDMENT. Agreement may be amended by mutual written agreement of the parties, signed by arties. Future tasks such as public relations, education or other work deemed necessary shall be agreed to by the parties through an addendum to this Agreement setting forth the scope of work and method of payment. SECTION 9. GENERAL PROVISIONS. 9.1 Merger Clause. This Agreement embodies the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings relating to the subject matter hereof. 9.2 New Members and Assignment. WWSA may accept additional government entities as participants under terms and financial conditions that WWSA deems just and equitable on a case-by-case basis and only upon an affirmative vote of two thirds of the members. Except for changes of organization through entity formation, merger, consolidation or annexation, no party shall have the right to assign its interest in this Agreement (or any portion thereof) without the prior written consent of a majority of WWSA. 9.3 Severability. In case any one or more of the provisions contained in this Agreement should be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 9.4 Notices. Any notice herein required or permitted to be given shall be given in writing, shall be effective when actually received, and may be given by hand delivery or by United States mail, first class postage prepaid, addressed to the parties as follows: 10 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA Tualatin Valley Water District City of Sherwood Attn: General Manager Attn: City Manager P.O. Box 745 20 NW Washington Beaverton, Oregon 97075 Sherwood, Oregon 97140 Clackamas River Water City of Tualatin Attn: General Manager Attn: City Manager r i� = P.O. Box 2439 18880 SW Martinazzi Avenue Clackamas, Oregon 97015 Tualatin, Oregon 97062 Canby Utility Board City of Gladstone Attn: General Manager City Administrator P.O. Box 1070 525 Portland Avenue Canby, Oregon 97013 Gladstone, Oregon 977027 City of Tigard ttn: City Administrator O. Box 23397 igard, Oregon 97223 The parties hereto are responsible to notify each other of changes and to keep this list current. 9.5 Meetings. Regular meetings of WWSA shall be conducted at such times as WWSA may designate but shall be no less than quarterly. The chairman, upon his own motion, may, or at the request of two (2) members of WWSA, shall by giving notice to members of WWSA call a previously unannounced special meeting of WWSA for a time not earlier than twenty-four (24) hours after the notice is given, unless an emergency exists. In cases of an emergency, notice reasonable under the circumstances shall be given. Four (4) members of WWSA shall constitute a quorum. No action will be taken by WWSA unless a majority of WWSA present votes to support the action proposed, unless a greater number of votes is required. 9.6 Advisory Boards; Technical Committees. WWSA may appoint advisory boards technical committees. The advisory boards shall meet as needed and shall review and make recommendations to WWSA on such matters as WWSA so assigns. A technical committee shall meet not less than quarterly to develop methods of coordination and functioning between WWSA and the entities. 9.7 Attorney Fees. If a dispute should arise between the parties regarding any term or portion of this Agreement, the prevailing party shall be entitled to such reasonable attorney fees as a trial court or arbitrator may award and on any appeal therefrom. 9.8 Counterparts. This Agreement may be executed in any number of counterparts and by the parties on separate counterparts, any one of which shall constitute an agreement between 11 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT C1B\TVWD\TVWD0198.1GA and among the parties. 9.9 Joint and Several Obligations. For approved WWSA activities, the parties shall be jointly and severally liable to third parties for payment of debts and costs incurred. No party to WWSA shall be liable for damages, debts or claims caused solely by the negligent act or omission by WWSA or other members. The individual entity causing damage by its sole negligence or wrongful act shall be individually liable. 9.10 Instruments of further Assurance. From time to time at the request of any of WWSA, each member shall, without further consideration execute and deliver such additional instruments and shall take such further action as may be reasonably required to fully effectuate the purposes of this Agreement. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Cooperative Agreement by the date set forth opposite their names below. TUALATIN VALLEY WATER DISTRICT Date: , 1997 By: Rob Mitchell, President k .. By. l Tom Jackman, Secretary CLACKAMAS RIVER WATER Date: 1997 By: Paul Rogers, President By: Lowell Hanna, Secretary 12 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA CANBY UTILITY BOARD Date: , 1997 By: Robert P. Westcott By: Debra Knah CITY OF TIGARD Dated: , 1997 By: James Nicoli, Mayor ^_ B y: Recording Secretary Date: 1997 CITY OF SHERWOOD By: Ron Tobias, Mayor By: Recording Secretary Date: . 1997 CITY OF TUALATIN By: Lou Ogden, Mayor By: Recording Secretary 13 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CM\TVWD\TVWD0198.IGA Date: , 1997 CITY OF GLADSTONE By: Wade Byers, Mayor By: Recording Secretary 'l1YYiV` 14 - INTERGOVERNMENTAL COOPERATIVE AGREEMENT CIB\TVWD\TVWD0198.IGA EXHIBIT 1 PENDING APPLICATIONS Applicant Amount Priority Date Application # CUB 12.4 cfs 12/27/90 71072 TVWD 387 cfs 5/31/91 71651 Gladstone 12.4 cfs 9/13/91 71834 CRW 22 cfs 4/27/92 72355 Tigard 40 cfs 3/28/95 80342 EXISTING PERMITTED RIGHTS Applicant Amount Priority Date Permit # TVWD 202 cfs 6/19/73 49240 iDiRr 15 - EXHIBIT 1 CIs\TVWD\TVWD0198.IGA Empowering your team to-achieve world-class performance A confinvorrs-improvement process Communication Ground Rules City of Tigard - 3.5 MG Menlor Reservoir • Open — Give and take receptive listening • Commit to continue to move things forward • Respect each together personally and technically • Communicate. Talk out ideas. Keep all key players informed of important decisions made • Observation reports generated daily • Strive toward win/win • Listen and understand • Lighten up and have fun • No hidden agendas • Honesty — Tell the truth 'i i • Ask questions if you don't know i • Respect people who ask questions !� li j • Honor differences of opinion • Remain positive i1 Ii mil Communication Ground Rules City of Tigard—3.5 MG Menlor Reservoir.doc - Empowering your team to achieve world-class performance A continuous improvement process Partnering Agreements City of Tigard - 3.5 MG Mentor Reservoir • Timely resolve all issues • Any new person will commit to the Partnering Agreement • To make the project an educational, interesting and enjoyable endeavor • Create efficiency through proper planning and advance notification - 2 week schedule, prepared weekly •. Conduct weekly site meetings -Thursday 9:00 a.m. • Conduct monthly project status meetings - 1 5' Thursday of the month • Actively encourage cost saving ideas while respecting a desire to make a profit • Promote a safety program that protects public and work force • Maintain clean project site. • No litigation is our common goal • Make submittal process work effectively and efficiently • Complete project on time • Limit changes in key personnel • Respect the priorities of others • Adopt Communication Ground Rules, Vision Statement and Slogan • Have fun during the project and have a completion event • Keep the community informed of our progress and successes • Work for the success of all team members • Adopt Model A conflict resolution method with element 6 of Model B I 91 I Ili Partnering Agreements City of Tigard-3.5 MG Menlor Reservoir.doc Empowering youf-teara-to achieve world-class performance •-- A continuous improvement process Vision Statement City of Tigard - 3.5 MG I G 1V lenlor Reservoir A partnership committed to enhancing and preserving community values and livability through the construction of a state-of-the-art drinking water reservoir, within budget, with minimum impact to the neighborhood and environment. Working safely on an Advanced design with Teamwork to create an Environmentally friendly Reservoir' by the fall of 1998 i .I Vision Statement City of Tigard-3.5 MG Menbr Reservoir.doc Aug97 ate Lake O. in Bull Run TVWD in Well#1 in Well#2 in Well#3 in Total MG MG in Demand MGD in MGD MGD MGD MGD MGD Pur./Prod. Storage in MG 8/1/97 2.55 4.14 1.86 0.575 0.561 0.164 9.85 11.69 10.19 8/2/97 1.81 8.32 1.84 0.578 0.563 0.164 13.275 14.21 10.755 8/3/97 2.63 7.77 1.82 0.575 0.56 0.164 13.519 16.72 11.009 8/4/97 2.6 3.95 1.86 0.577 0.561 0.164 9.712 15.27 11.162 8/5/97 3.07 3.93 1.86 0.575 0.561 0.163 10.159 14.68 10.749 8/6/97 3.09 3.97 1.33 0.578 0.565 0.164 9.697 13.19 11.187 8/7/97 3.58 4.01 1.87 0.578 0.563 0.164 10.765 13.2 10.755 8/8/97 2.46 4.15 1.86 0.577 0.561 0.163 9.771 12.35 10.621 8/9/97 2.55 8.35 1.82 0.577 0.562 0.163 14.022 15.18 11.192 8/10/97 3.05 7.79 1.79 0.575 0.561 0.163 13.929 17.15 11.959 8/11/97 2.73 3.99 1.82 0.576 0.561 0.163 9.84 15.09 11.9 8/12/97 2.74 4 1.86 0.576 0.564 0.163 9.903 13.8 11.193 8/13/97 1.92 4.01 1.82 0.576 0.565 0.163 9.054 11.54 11.314 8/14/97 2.71 4.88 1.85 0.576 0.561 0.163 10.74 10.99 11.29 8/15/97 2.71 4.3 1.86 0.577 0.56 0.163 10.17 10.91 10.25 8/16/97 2.74 8.32 1.85 0.576 0.556 0.163 14.205 14.15 10.965 8/17/97 3.3 7.33 1.8 0.573 0.557 0.163 13.723 17.11 10.763 8/18/97 2.27 3.88 1.85 0.575 0.556 0.163 9.294 16.21 10.194 8/19/97 2.85 3.89 1.83 0.575 0.552 0.163 9.86 16.3 9.77 8/20/97 1.42 3.92 1.77 0.576 0.551 0.165 8.402 16.99 7.712 8121/97 0.864 3.9 1.85 0.575 0.552 0.165 7.906 17.52 7.376 8/22/97 1.03 3.85 0.764 0.57 0.548 0.169 6.931 16.13 8.321 8/23/97 0 4.14 1.4 0.575 0.563 0.169 6.847 14.69 8.287 8/24/97 0.01 5.7 1.69 0.572 0.56 0.169 8.701 16.43 6.961 8/25/97 0.34 _ 3.87 1.84 0.575 0.56 0.169 7.354 16.52 7.264 8/26/97 0 3.91 1.68 0.574 0.561 0.168 6.893 16.9 6.513 8/27/97 0 3.93 0.734 0.574 0.559 0.081 5.878 16.54 6.238 8/28/97 0 3.93 0.623 0.573 0.558 0 5.684 16.25 5.974 8/29/97 0 3.956 1.3 0.574 0.556 0 6.386 16.63 6.006 8/30/97 0 4.729 0.873 0.576 0.55 0 6.728 16.77 6.588 8/31/97 r- 0 5.135 1.915 0.571 0.555 0 8.176 1 18.19 6.756 Averages 1.774968 4.901613 1.641581 0.575161 0.558806 0.140581 10.01481 15.13871 9.847778 13 Well#3 in MGD August Water Purchases and Production ®Well#2 in MGD 1s 0 Well#1 in MGD a 14 :. .: 0 ..... ❑TVWD in MGD 12 ®8u II Run in MGD 10 ■Lake O.in MGD `0 8 c s 4 2 0 rn rn rn rn m rn orn rn rn rn rn rn rn rn rn Q u'> C rn c2 in rn c� in r� rn CO CO W CO W N N N N N M Date 4 I:\pw\h2o97-98.xls Page 1 Sept97 Date Lake O. in Bull Run TVWD in Well#1 in Well#2 in Well #3 in Total MG MG in Demand MGD in MGD MGD MGD MGD MGD Pur./Prod. Storage in MG 9/1/97 0 3.912 1.904 0.574 0.555 0 6.945 17.23 7.905 9/2/97 0 3.936 1.91 0.58 0.556 0 6.982 16.6 7.612 9/3/97 0 3.971 1.953 0.58 0.558 0 7.062 15.73 7.932 9/4/97 0 3.977 1.938 0.579 0.556 0 7.05 14.78 8 9/5/97 0 4.146 1.95 0.579 0.555 0 7.23 14.47 7.54 9/6/97 0 8.196 1.956 0.578 0.55 0 11.28 17.79 7.96 9/7/97 0 4.609 1.922 0.575 0.549 0 7.655 16.99 8.455 9/8/97 1.826 3.947 1.917 0.575 0.552 0 8.817 16.61 9.197 9/9/97 0 3.9 1.9 0.57 0.55 0 6.92 16.3 7.23 9/10/97 0 3.966 1.647 0.571 0.555 0 6.739 15.55 7.489 9/11/97 0 3.98 0.928 0.571 0.552 0 6.031 15.52 6.061 9/12/97 0 3.963 0.499 0.571 0.549 0 5.582 15.14 5.962 9/13/97 0 5.353 0.587 0.57 0.548 0 7.058 16.21 5.988 9/14/97 0 4.918 1.04 0.567 0.55 0 7.075 17.97 5.315 9/15/97 0 3.12 0.254 0.447 0.43 0 4.251 17.69 4.531 9/16/97 0 3.937 0.208 0.565 0.543 0 5.253 18.01 4.933 9/17/97 0 3.973 0.334 0.57 0.547 0 5 424 17.72 5.714 9/18/97 0 3.96 0.33 0.514 0 0 4.804 17.68 4.844 9/19/97 0 3.938 0.463 0 0 0 4.401 17.21 4.871 9/20/97 0 4.035 1.276 0 0 0 5.311 17.4 5.121 9/21/97 0 4.901 1.085 0 0 0 5.986 17.64 5.746 9/22/97 0 3.924 1.434 0 0 0 5.358 16.99 6.008 9/23/97 0 3.833 1.954 0 0 0 5.787 16.78 5.997 9/24/97 0 16.78 9/25/97 0 0 9/26/97 - -- 0 0 9/27/97 - - 0 0 9/28/97 0 0 9/29/97 0 0 9/30/97 - - --- 0 0 Averages 0.079391 4.278043 1.277783 0.4406961 0.402391 0 4.9667 16.69609 5.573033 September Water Purchases and Production it Well#3 in MGD 0 Well#2 in MGD O Well#1 in MGD N 10 0 0TVWD in MGD ®Bull Run in MGD 8 m ■Lake O in MGD 0 4 2 0 rn rn m rn rn rn Q m rn rn rn M o) rn m (h N C (2 r �2 N N N N N 0) m 0) m m Date Page 1