HomeMy WebLinkAboutAgenda - 03-03-1999 - 10aORANGECOUNTY 1
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 3, 1999
Action Agenda
Item # /0-4
SUBJECT: Report on Chatham County's request to access its Jordan Lake water allocation
through OWASA's Jordan Lake property and approved intake location
DEPARTMENT: County Manager
ATTACHMENT(S):
(under separate cover)
Draft County Letter
Carrboro Letter
Chapel Hill resolution
OWASA Letter & attachments
PURPOSE:
PUBLIC HEARING: Yes No
BUDGET AMENDMENT: Yes No
INFORMATION CONTACT:
County Engineer Extension 2303
TELEPHONE NUMBERS:
Hillsborough - 732 -8181
Durham - 688 -7331
Mebane - 227 -2031
Chapel Hill 967- 9251/968 -4501
To present to the BOCC: a) a report on Chatham County's request to access its Jordan Lake water
supply allocation through OWASA's Jordan Lake property and approved water supply intake site as
well as responses from the Towns of Chapel Hill and Carrboro to OWASA relative to that request; and
b) for the Board's review, revision and approval, a draft letter from the BOCC to OWASA outlining the
County's response to the Chatham request.
BACKGROUND:
On October 1, 1998, elected and appointed officials and staff from Carrboro, Chapel Hill, Hillsborough,
Orange County and OWASA met with elected officials from Chatham County at the OWASA offices in
Carrboro to discuss utility, planning and watershed protection issues of concern to all. The primary
issue discussed was Chatham County's inability to obtain a sufficient supply of raw water from Jordan
Lake through the existing intake structure, pumping system and raw water mains on the east side of the
lake (controlled by Cary and Apex). Margaret Pollard, Chair of the Chatham BOCC indicated that it
was unlikely that the equipment in the existing intake system could or would be upgraded to meet
Chatham's raw water demands. Ms. Pollard also indicated that the most viable solution apparent to
Chatham would be for Chatham to withdraw water using the approved intake site on the western side of
Jordan Lake. She suggested that Chatham County would be willing to participate financially in an
OWASA project to construct the intake structure and associated site infrastructure necessary to provide
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raw water to Chatham in the near term and to OWASA customers in the long term. Other issues that
were mentioned or discussed during the meeting included: a) increasing the level of watershed
protection within the Chatham County portion of the University Lake watershed using some manner of
land use based density and impervious surface restrictions; b) additional watershed protection measures
for the Jordan Lake watershed; and c) developing interconnections of the Chatham County and OWASA
water systems with attendant contractual agreements necessary for Chatham County and OWASA to aid
one another by sharing water supplies during water shortage emergencies.
The meeting concluded with the understanding that each of the jurisdictions represented on the OWASA
board would provide some level of guidance or input to OWASA relative to the policy issues discussed.
By way of a letter from the mayor to the OWASA chair, the Carrboro Board of Aldermen indicated to
OWASA that it could support developing: 1) an emergency water sharing arrangement between
OWASA and Chatham County; and 2) a policy whereby OWASA would allow Chatham County to
access Jordan Lake by way of OWASA's intake rights. The Carrboro board also went on record as not
supporting the use of Jordan Lake water supplies for consumption by OWASA customers. Insofar as
Chatham's use of OWASA's Jordan Lake intake rights were concerned, the Carrboro board
acknowledged that there were a number of considerations to be evaluated to insure the protection of the
interests of all parties.
The Chapel Hill Town Council considered a resolution at its 1/25/99 meeting encouraging additional
work by Chatham County and OWASA to explore joint development of OWASA's Jordan Lake intake
site for immediate use by Chatham County and future use by OWASA. Furthermore, the Chapel Hill
resolution proposed that Chatham and Orange Counties, the Towns of Carrboro and Chapel Hill and
OWASA work jointly to encourage that a study and long term plan be initiated to protect and preserve
Jordan Lake water quality.
Orange County staff has created a draft letter from the BOCC to the OWASA Board of Directors
recommending that OWASA: 1) develop emergency water supply agreements and infrastructure
interconnections; 2) explore the use of OWASA's intake site to provide immediate access to Jordan
Lake for Chatham County while preserving future access for OWASA; 3) work with potential Jordan
Lake water users to explore watershed and water quality protection strategies; and 4) work with
Chatham County to develop enhanced watershed and water quality protection strategies for University
Lake.
ENGINEER'S NOTE: On 17 February 1999, a number of local governments and water suppliers
including OWASA, Durham and Chatham County met with state water resources officials to discuss
strategies for drawing water raw water from Jordan Lake by some means other than the Cary/Apex
intake /pumping facilities. Strategies discussed included: 1) having the state and/or the water utilities
construct the intake /pumping facilities for a western intake at or near the OWASA property, with the
construction/development costs allocated on a pro rata share calculated on the basis of the actual
quantity of water withdrawn by each user; and 2) having Chatham County construct its own $3.3 million
intake /pumping facility on the western side of the lake. OWASA officials indicated a strong interest in
participating in developing an intake /pumping facility. Chatham officials indicated that Chatham had
forecast an acute need for additional water from Jordan Lake by the end of the next 18 months. There
was some discussion about asking the state legislature to address the need for a western intake /pumping
facility in this year's session.
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Insofar as Orange County interests are concerned, there are several potential implications to any decision
as to how a Jordan Lake raw water intake /pumping facility is constructed and controlled. Jordan Lake
represents a future (ten or more years in the future) supply of water for at least the southern part of the
County. It is incumbent on the County - probably through OWASA - to insure that whatever option is
chosen to construct and control the raw water withdrawal facilities preserves the ability to use Jordan
Lake as a County water supply. It is highly probable that any scenario will physically impact OWASA's
Jordan Lake property. Therefore, under any construction/control scenario, OWASA and the County
must take the precautions that are required to preserve the overall usefulness of that property for the
purposes for which it was originally intended. These uses include, but are not necessarily limited to,
locating OWASA raw water pumping and transmission facilities, and perhaps water treatment facilities
as well.
Insofar as the entire region is concerned, it is probably best if the western intake /pumping facility is
financed, constructed and/or controlled by the state. The state could then ensure that all holders of
withdrawal rights on the eastern side of Jordan Lake have adequate access to the water. Apex and Cary
own and control the east side facilities and thus control access to the water drawn through those
facilities. They have, for all intents and purposes, shut off or drastically limited access to Jordan Lake
from the east side. The issue of the Apex/Cary control of the east side of Jordan Lake is the primary
reason that Chatham County has been forced to seek another means of accessing the lake. If the state
does not agree to take responsibility for the western intake /pumping facility, the second best option is for
all of the potential water suppliers that would normally use the western facility to move forward with a
joint financing and control arrangement for the facility. While this option does create difficulties in
terms of coordinating financing, construction, operation, management, etc., it does provide perhaps the
best means of avoiding the access problems evidenced at the eastern intake /pumping facilities. Perhaps
the least favorable outcome would be for Chatham County to be forced to construct its own intake and
pumping facility. It is unlikely that Chatham would be able to finance development of intake /pumping
facilities of a capacity sufficient to meet the ultimate demands of all water suppliers seeking access to
raw water through these facilities. Accordingly, this option would provide no opportunity to coordinate
western side access to Jordan Lake's water supplies. An advantage inherent in either the state or
Chatham County taking responsibility for the intake /pumping facility would be that the OWASA
customer base would not be financially affected by the associated capital expenditures, at least in the
short term.
RECOMMENDATION: The Administration recommends that the BOCC:
1. Receive and review the attached material including the draft of the letter providing input to
OWASA (Draft letter was prepared prior to the 17 February 1999 meeting discussed in the
Engineer's note)
2. Identify the major issues the BOCC wishes to address, including any new issues raised in the
Engineer's note
3. Direct staff to revise the letter as necessary to accurately reflect BOCC intentions
4. Direct staff to bring the revised letter back for BOCC review and approval at a future meeting