HomeMy WebLinkAboutAgenda - 09-07-2005-6dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 7, 2005
Action Agenda
Item No. le) - 1111
SUBJECT: Resolution Modifying Initiation of the Restrictions of the County's Water
Conservation Ordinance
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Draft Resolution
INFORMATION CONTACT:
County Engineer, ext 2303
Letter from the Mayor of Hillsborough TELEPHONE NUMBERS:
Letter from the Hillsborough Town Hillsborough 732-8181
Engineer/Utilities Director Chapel Hill 968-4501
County Water Conservation Ordinance Durham 688-7331
Mebane 336-227-2031
PURPOSE: To present for BOCC approval a resolution that will: 1) temporarily modify how the
County implements the provisions of the County's water conservation ordinance calling for
voluntary and mandatory conservation of water by citizens in northern Orange County who use
water provided by the Orange-Alamance and Town of Hillsborough water systems; and 2)
initiate a process of discussion and negotiation with Orange-Alamance Water System and Town
of Hillsborough as to future operation of the northern Eno water supply with respect to
withdrawals and releases from Lake Orange and Hillsborough's West Fork Reservoir.
BACKGROUND: In July 1986, the Orange County BOCC enacted the County-wide water
conservation ordinance entitled ORDINANCE PROVIDING FOR THE CONSERVATION OF
WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND
WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM
RESERVOIRS. The provisions of this ordinance were intended to address the periodic and
generally seasonal water shortages which have historically affected the water supply capacity of
the County's public water supply systems (OWASA, the Town of Hillsborough and the Orange-
Alamance Water System). The ordinance initiated water conservation measures by setting
forth increasing stringent levels of water withdrawal limitations on the County's public water
suppliers as well as by restricting water using activities of the customers of those water
suppliers. The severity of the conservation measures and restrictions was tied directly to the
quantity of water remaining in the water supply reservoirs in the County, as measured and
indicated by lake levels.
As a consequence of a significant improvement in OWASA's water supply situation (the
development and filling of the Cane Creek Reservoir), the ordinance's initiation of water
conservation measures is no longer based on reservoir water levels. Conservation measures
are now implemented on the basis of an intricate water supply/demand matrix that has been
utilized to restrict water consumption only once - during the drought of 2002. The portion of the
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ordinance dealing the Lake Orange/Eno River system has been utilized, in conjunction with the
Eno River Capacity Use Plan, to restrict water consumption for fourteen of the last seventeen
years. As drought and water supply conditions require, the provisions of the County's water
conservation ordinance are both enacted and rescinded by means of a formal resolution by the
BOCC or by means of an order of the Chair of the BOCC.
In recent years, conditions related to both water supply and water use have improved
significantly in the Eno system as well. Piedmont Minerals has changed the
manufacturing/mining process that once required an Eno withdrawal of 400,000 gallons per day
(gpd) or more to one that requires approximately 10,000 gpd. Hillsborough's average water
daily demand has fallen (with the closure of Flint Fabrics) from more than 1.6 million gallons per
day (mgd) to approximately 1.3 mgd and it has developed an additional water supply from its
West Fork Reservoir (with an estimated safe yield of nearly 2.0 mgd). Orange-Alamance has
disconnected the Swepsonville (approximately 350,000 gpd demand transferred to Graham's
water system) from its system, developed the water supply provided by four ground water wells
(more than 200,000 gpd capacity), and contracted to buy approximately 300,000 gpd from the
Town of Haw River regardless of Eno flow conditions. Its daily Eno withdrawals have been
reduced from more than 800,000 gpd to less than 400,000 gpd. The net effect of reduced
demands by Hillsborough, Orange-Alamance and Piedmont Minerals has been to reduce daily
releases from Lake Orange by approximately 1.3 mgd ( from 4.7 mgd to 3.4 mgd, including
instream flow losses). At the same time, residual instream flow (stream flow below withdrawal
points) has been increased by approximately 0.65 mgd as a consequence of the minimum
instream flow release from the West Fork Reservoir.
In recognition of the changes in their respective water supply/water demand conditions, the
Town of Hillsborough and the Orange-Alamance Water System have recently revised (relaxed)
their respective water conservation ordinances/policies related to water conservation by their
customers.
Both the Orange-Alamance and Town of Hillsborough water systems have invested heavily in
water system improvements that represent fixed capital and operating costs (costs that are not
reduced as less water is used). Water conservation measures actually cause the unit costs of
water sold to water consumers to rise. Both Orange-Alamance and Hillsborough, striving to
reduce the unit cost of water to consumers, have noted a desire and a need to sell as much
water as possible within the limits imposed by their respective water supply/treatment capacity.
Officials of Orange-Alamance and Hillsborough met with the BOCC Chair, Vice-Chair and
County staff during the week of 29 August 2005 to request that the County consider relaxing the
water use restrictions placed on their respective customers by the County's water conservation
ordinance. As justification for this relaxing of restrictions, Hillsborough and Orange-Alamance
officials noted the potential financial effect of the restrictions, the change in the water
supply/demand conditions, the conflict between their own conservation policies/ordinances and
that of the County, and the potential for public confusion as to which restrictions apply to which
customers (as County ordinances apply to some customers and not to others). The Chair and
Vice-Chair noted that County has concerns about the effect of easing water use restrictions
(with the continued high rate of draw-down of Lake Orange) on the environmental health of
Lake Orange and the Eno River. Orange-Alamance and Hillsborough officials expressed a
willingness to discuss strategies to preserve the Lake Orange water supply while operating for
extended periods absent the imposition of water conservation measures. The Chair and Vice-
Chair agreed to take to the full BOCC for approval, a proposal calling for up to a 90-day
moratorium on initiating County water conservation requirements while strategies are
developed/discussed for revising the County water conservation ordinance to coincide with the
policies/ordinances of Hillsborough and Orange-Alamance while providing an enhanced level of
protection/preservation of the Lake Orange/Eno River environment. During this moratorium
period, the provisions of the Hillsborough and Orange-Alamance water conservation
ordinances/policies applicable to water consumers and the Eno River Capacity Use withdrawal
restrictions applicable to the water utilities and Piedmont Minerals would remain in effect.
FINANCIAL IMPACT: None at the present time.
RECOMMENDATION(S): The Manager recommends that the Board:
• review the draft resolution,
• modify it as necessary
• adopt the modified resolution
direct its designated representative(s) and staff to meet with Hillsborough and Orange
Alamance officials to develop new water conservation polices, procedures, agreements,
ordinances, etc., for BOCC approval
ORANGE COUNTY BOARD OF COMMISSIONERS
A Resolution
Agreeing to Initiate a 90-Day Moratorium on Enforcing the County's
Water Conservation Ordinance While Negotiating with the Town of
Hillsborough and the Orange-Alamance Water System for a Modified
Water Conservation - Lake Orange/Eno River Preservation Strategy
WHEREAS, Orange County, in discharging its statutory responsibilities to protect and
enhance the public health, safety and welfare of all the citizens of Orange
County, does have a strong interest in assuring the availability of high
quality sources of potable water; and
WHEREAS, A significant number of citizens of Orange County are provided municipal
water utility services by the Town of Hillsborough and the Orange-
Alamance Water System; and
WHEREAS, Orange County owns and operates Lake Orange, a water supply reservoir
that serves as a primary water supply for the Town of Hillsborough and the
Orange-Alamance Water System; and
WHEREAS, Orange County coordinates the use of water supplies drawn from the Eno
River under the provision of the Eno River Capacity Use Agreement; and
WHEREAS, Orange County does have in effect a water conservation ordinance with
specifies voluntary and mandatory water conservation measures
applicable to the portion of the customer base of the Orange-Alamance
Water System and the Town of Hillsborough residing within County
jurisdiction,
WHEREAS, Orange County does have an interest in making the most efficient and
cost-effective use of limited resources; and
WHEREAS, Orange County seeks to ensure that the demand for Eno River water
supply generated by population growth and development can be reconciled
with availability of the resource and the protection of the Lake Orange/Eno
River environment in an intelligent, sustainable manner; and
WHEREAS, Orange County does recognize that those conditions related to both water
supply and water use that have led to the creation of both the Eno River
Capacity Use Agreement and the County's water conservation ordinance
have improved significantly; and
WHEREAS, Orange County does recognize that the conflicts between the County's
water conservation ordinance and the policies/ordinances of the Town of
Hillsborough and the Orange-Alamance Water System represent a
potential source of confusion for water customers of both system; and
WHEREAS, Orange County conducts an ongoing dialogue with the Town of
Hillsborough and the Orange-Alamance Water System about the extension
of utilities to provide water utility service and fire protection for commercial
enterprises, new and existing residential development, new schools and
other essential public facilities; and
WHEREAS, Orange County finds it desirable and necessary that all water utilities
serving the citizens of the County and other interested parties have the
opportunity to meet to discuss issues of mutual concern and benefit,
including water supply resources;
NOW, THEREFORE, do we, the Orange County Board of Commissioners, hereby
resolve to:
• Enact a moratorium on activating and enforcing the restrictions and prohibitions
of the County water conservation ordinance for a period of up to 90 days (without
formal extension of the moratorium by the BOCC); and
• Participate in a series of discussions and strategy sessions with officials of the
Town of Hillsborough and the Orange-Alamance Water System to develop new
water conservation polices, procedures, agreements, ordinances, etc., that will
coincide with the policies/ ordinances of Hillsborough and Orange-Alamance
while providing an enhanced level of protection/preservation of the Lake
Orange/Eno River environment; and
• Direct the Chair, Vice-Chair and appropriate County staff to represent the full
Board in such discussions and strategy sessions and to bring back draft
proposals, ordinances, etc., for Board approval.
This is the 7th day of September, 2005
Moses Carey, Chair
Orange County Board of Commissioners