Agenda - 01-20-2011 - 7b - Laserfiche WebLink

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Attachment 2 RESOLUTION REQUESTING CLARIFICATION OF 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, and the University of North Carolina at Chapel Hill; 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, 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 is 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 allocation will be an important consideration in obtaining the EMC's approval to retain that allocation; 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 ability to access its Jordan Lake water supply storage allocation for use by OWASA customers; and WHEREAS, this lack of clarity may jeopardize OWASA's ability to obtain the EMC's approval to retain its allocation; and WHEREAS, this contributes to greater uncertainty in OWASA'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 BOARD OF DIRECTORS OF ORANGE WATER AND SEWER AUTHORITY: ~o 1. 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):