Mayor Eric Hauptman called the meeting of the Dunes City Council to order at 2:05 p.m.
2. Roll call
Roll Call was taken by City Recorder, Fred Hilden.
Present: Mayor Eric Hauptman, Council President Peter
Howison, Councilor Jamie Mills, Councilor Susie Navetta, and Councilor Rebecca
Ruede.
Absent: Councilor Richard Koehler (excused).
Also Present: City Recorder Fred
Hilden, Planning Secretary Lisa Ekelund, and 10 individuals.
3. Pledge of Allegiance
All who were present stood for the Pledge of Allegiance.
4. Approval of the agenda
Councilor Mills made the motion to approve the agenda. Councilor Ruede seconded the motion. The motion passed by unanimous vote.
5. New business
· Introduction of the Oregon State Watermaster, District 15
Mayor Hauptman introduced Mr. David Williams and Mr. Bruce
Sund.
· Background on Dunes City's State Water Rights
David Williams said in order to use public waters of the State; the municipality or individual needs to apply for the right to use those waters. David said they are no longer issuing individual
domestic rights to people wanting to use water from Woahink Lake but they are allowing individual water rights on Siltcoos Lake.
Mayor Hauptman asked when this came into effect.
David Williams said he believed it was in the early 1990's because the in-stream water right on Woahink Creek is not always met. David explained that the original water right (S33923) was for
domestic use with a priority date of 10/7/69. The second water right (S57827) that the City obtained is for a municipal system with a priority date of 8/21/78. David said that according to the records
he has looked at, the last extension for the municipal right was in 1998.
Fred Hilden said the City has applied for an extension of the municipal water right and we are awaiting a response.
David Williams said regarding the municipal water right, it is valuable and he would encourage the City to continue their efforts on the extensions.
David Williams said regarding the domestic water right, because it is a domestic water right owned by the City, the State was able to amend the right to include all of the people they could
identify who were pulling from the lake. David said more individuals could be added through amendments.
Councilor Howison asked if David Williams knows how many people have individual water rights and to explain the difference between the two.
David Williams said a rough estimate would be that there are 150 individual rights. David said one difference is that the City charges an annual fee.
Councilor Navetta said her water right has limitations during certain times of the year.
David Williams said there are some limitations on younger water rights. David said Siltcoos is only open to new domestic with no irrigation.
David Williams encouraged the City to get back on track with the reporting and monitoring issues. David said the City does not want to jeopardize the water right by failing to monitor and report
properly.
Councilor Howison asked when the perfection of a water right should occur.
David Williams said when the usage is close to its limitation is when the water rights shall be perfected (also known as certification).
David Williams said the next water right the City obtained was in 2004, which is a storage right for 410-acre feet. David said 10/28/04 is the priority date. David said this permits the City to put
boards in the outlet control structure. David said there are conditions attached to this right, both measurement and reporting as well as fish passage conditions. David said Oregon Department of Fish
and Wildlife (ODFW) makes the fish passage condition requirements.
David Williams said the issuance of this permits might not be something that would occur again so the fact that the City has it, is something to consider when deciding to renew.
David Williams said the fourth and final permit that Dunes City holds is a secondary use permit. David said this permit also has monitoring, reporting, fish passage, and operational conditions.
David said if the in-stream water right on Woahink Creek were not being met, then water would be released from the storage.
David Williams gave a scenario that if ODFW purchased the Siltcoos water right and decided to open the dam, it would be beneficial to the citizens if Dunes City had the storage rights on
Woahink.
Fred Hilden noted for the record that the priority date on this secondary water right (S54405) is 8/25/2005.
· Review of Water Right Issues (March 11, 2010 WQC Report)
Mayor Hauptman stated John Stead would present a report.
John Stead thanked the Watermasters for attending today's meeting. John asked David Williams why the water right is for Woahink Creek.
Fred Hilden said Woahink Lake is a tributary of Woahink Creek.
David Williams said this is a good question for Mr. French.
Mayor Hauptman called for a 10-minute recess at 3:05 p.m.
Mayor Hauptman reconvened the meeting at 3:18 p.m.
John Stead spoke regarding the earlier mention of being out of compliance for water permitting. John explained why he pursued his own water right. John said he has an easement to place his line on
State land. John said he is one of probably 150 people who are out of compliance.
John Stead and David Williams discussed the authorization to lay water pipe on the bed of the lake.
Mayor Hauptman asked David Williams how the City should handle those who are pulling water from the lake while out of compliance.
David Williams said it is a process of deduction.
Mayor Hauptman asked David Williams for his ideas regarding the City obtaining the Weir.
David Williams said the City has to decide how much time and effort they need to put into trying to find out who owns the Weir. David said the City needs to weigh the pros and cons.
Mayor Hauptman said historical annual rainfall has dropped 10 inches.
David Williams said this is a good reason to consider the storage because it is cheap insurance.
John Stead said the people who are using the Dunes City permit had to pay Dunes City $700 up front and then $150 per year. John said the people who got their permit from the Water Resources
Department do not have to pay that fee. John said the municipal water right that the City has, has a priority date which is junior to the in stream water right. John asked David Williams if he has a
solution.
David Williams said there is an exemption for human consumption so in the instance that the creek water right was not being met, people could still have human consumption. David said the City would
need to adopt model curtailment rules, which govern water use under that permit. David gave an example that the City could send out a letter to notify property owners that they cannot water the lawns
etc.
Bruce Sund said in those circumstances, the Governor would probably declare a drought but the citizens would still be allowed to use water for human consumption only.
George Burke said to get a private water right instead of using the City's water right, it costs $700 for the initial application fee then the next fee is $300. George said the next step is to hire
a water specialist engineer surveyor to prove your water situation, which costs about $1,200. George said he spent $150 just to have the engineer send in his report. George said he was told that in
2-4 years they would finish his application.
Mary Jo Leach said she is one of the people who pay the City $150 dollars a year. Mary Jo said at the time, if none of these people had declared they are using water, with the fickle nature of this
water and the fact that there are so many State agencies involved, it would behoove someone to declare now because the future is unclear. Mary Jo said in the end, paying the $150 is the best way to
go. Mary Jo said if $150 is the cost of the City to administer the water program then she does not mind paying it. Mary Jo said people are foolish not to declare their water because the City will get
to the point where there is no more water to be had.
Lee Riechel said he has gone through the water permit process on Siltcoos Lake, it flowed smoothly, communications were good and they were polite. Lee said the process is professional.
Councilor Howison said the most difficult part was finding a surveyor.
Councilor Mills asked if there is a report of conveyance requirement in Oregon.
David Williams said water rights are attached to property and not to people. David said if you wish to notify the Oregon Water Resources Department, they have update forms.
Bruce Sund said easements may be on the deed record, but water rights are not.
Mary Jo Leach said she is unhappy that the records in Salem are not current because they diligently report their monthly readings.
Ralph Farnsworth said he wanted to make it clear to everyone that John Stead wrote this report because he was directed to.
John Stead said Woahink Lake and Ten Mile Lake are the only two lakes mentioned in the Water Pollution Control Act. John said Woahink Lake is special, people believe this as evidence by the Clean
Water Act. John said Lane County did a study about water availability and they were concerned because at the time things were rather dry in the area. John said on page 34 they talk about water
available for Woahink Lake for recharging the aquifer. John said this is water that does not go into Woahink Creek but rather, it goes into the aquifer. John said there is no control over the flow
into the aquifer. John said he does not believe the Weir is on Dr. Anderson's property.
· Discussion
Councilor Howison said they need to question if they should pursue those who are out of compliance.
Councilor Mills said they (the Council) need to question if they think it (the water rights and the Weir) is worth preserving for the future. Councilor Mills said she thinks it is worth pursuing.
Councilor Navetta said there is no way they can take on the Weir.
Councilor Howison said his gut feeling is that they should keep the rights.
Mayor Hauptman said he does not see giving away any water right regardless of how cloudy it is.
David Williams said in order for the City to store the 410-acre feet of water, the City has to have the Weir.
Ralph Farnsworth asked if David Williams has an estimate of the costs.
David Williams said someone would have to go over there at least twice a month.
Bruce Sund said some of the things they need to look at regarding the control structure, is that the City would need to replace everything. Bruce said there are fish passage conditions and some of
those fish passage designs run $150,000.
· Follow-up Action Item(s)
Councilor Navetta made the motion that all future discussions concerning the outlet structure will include Honeyman State Park as part of their discussions. Councilor Ruede seconded the motion. The
motion passed by unanimous vote.
Councilor Navetta made the motion that they (the City) contact Dr. Anderson one more time to try to negotiate an easement. Councilor Mills seconded the motion.
Councilor Mills said the word easement is the problem. Councilor Mills said Dr. Anderson thinks an easement is in relation to the water and the City thinks an easement is in relation to the land.
Councilor Navetta amended her motion to add, "Negotiate an easement across his land to obtain access to the control structure and the stream." Councilor Mills withdrew her second. Howison
seconded the motion.
Councilor Navetta said Dunes City does not have a boat or a barge. Councilor Navetta said she does not know how they can monitor the Weir without land access.
The motion made by Councilor Navetta that they (the City) contact Dr. Anderson one more time to try to negotiate an easement across his land to obtain access to the control structure and the stream
passed by vote of 3 ayes and 1 nay with Councilor Ruede voting nay.
Councilor Mills suggested having the Mayor direct office staff to check with the City Attorney as to the cost of declaratory relief action. The Mayor agreed to do this.