HomeMy WebLinkAboutRES-2011-005 Resolution Amending the 2001 Water & Sewer Boundary Agreement~_ a.o k~ oos Pit=- ~/~s ! ~~ -~ ~.
RESOLUTION AMENDING THE 2001 WATER AND SEWER MANAGEMENT,
PLANNING AND BOUNDARY AGREEMENT AMONG CARRBORO, CHAPEL HILL,
HILLSBOROUGH, ORANGE COUNTY, AND OWASA
WHEREAS, Jordan Lake is a future water supply source for Carrboro, Chapel Hill, the
University of North Carolina at Chapel Hill, Hillsborough, and portions of Orange County; and
WHEREAS, OWASA, with the support of Carrboro, Chapel Hill, and Orange County,
applied for and received a Jordan Lake water supply storage allocation from the North Carolina
Environmental Management Commission (EMC) in 1988, for which OWASA has since paid
more than $200,000; and
WHEREAS, Orange County has a million gallon per day allocation from the Jordan
Lake water supply for which the County has paid more than $31,000 since 1997 and from which
the County intends to draw in the future; and
WHEREAS, Hillsborough intends to request a million gallon per day allocation from the
Jordan Lake water supply for future emergency water supply and potential growth; and
WHEREAS, Jordan Lake's importance as a future supply source was confirmed in
OWASA's 2001 Comprehensive Water and Sewer Master Plan and re-affirmed in its 2010
Long-Range Water Supply Plan, which stated that "It is essential that OWASA retain and
acquire access to its [Jordan Lake] allocation"; and
WHEREAS, OWASA, Hillsborough, and Orange County are playing an active role in
the Jordan Lake Partnership, which is facilitating coordinated applications to the EMC by
Triangle Area utilities who must justify their need for increasing or retaining their Jordan Lake
water supply storage allocations; and
WHEREAS, unimpeded access to OWASA's, Hillsborough's, and Orange County's
allocations will be an important consideration in obtaining the EMC's approval to retain or
secure those allocations; and
WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and
OWASA adopted a Water and Sewer Management, Planning and Boundary Agreement (the
Agreement) in 2001; and
WHEREAS, language in the Agreement is unclear about OWASA's, Hillsborough's,
and Orange County's ability to access their respective Jordan Lake water supply storage
allocations for use by OWASA, Hillsborough, and Orange County customers; and
WHEREAS, this lack of clarity may jeopardize OWASA's, Hillsborough's, and Orange
County's ability to obtain the EMC's approval to retain or secure their allocations; and
WHEREAS, this contributes to greater uncertainty in OWASA's, Hillsborough's, and
Orange County's long-range water supply and capital investment planning; and
WHEREAS, any change to the Agreement requires approval by all parties to the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF
COMMISSIONERS:
That the Agreement be clarified with the addition of the following language as a new
Subsection 3 to Section VILA (Emergency Water Transfers), and that said language also be
added to the existing text of Section VII.B (Non-Emergency Water Transfers):
"The provisions in this subsection do not apply to the treatment of and transfer of
water available through OWASA's, Hillsborough's, or Orange County's Jordan
Lake water supply storage allocations for use by OWASA, Hillsborough, or Orange
County customers. Nothing herein shall be construed to prevent OWASA,
Hillsborough, or Orange County from entering into agreements as necessary to
provide for water transfers to afford OWASA, Hillsborough, or Orange County
access to their respective Jordan Lake allocation. "
Adopted this th cn of March, 2011.
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Bernadette Pelissier, Chair
ATTEST:
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Donna Baker, County Clerk