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14 <br />RESOLUTION REQUESTING CLARIFICATION OF THE 2001 WATER AND SEWER <br />MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT AMONG <br />CARRBORO, CHAPEL HILL, HILLSBOROUGH, ORANGE COUNTY, AND OWASA <br />WHEREAS, Jordan Lake is a future water supply source for Carrboro, Chapel Hill, and. <br />the University of North Carolina at Chapel Hill; and <br />WHEREAS, OWASA, with the support of Carrboro, Chapel Hill, and Orange County, <br />applied for and received a Jordan Lake water supply storage allocation from the North Carolina <br />Environmental Management Commission (EMC) in 1488, for which OWASA has since paid <br />more than $200,000; and <br />WHEREAS, Jordan Lake's importance as a future supply source was confirmed in <br />OWASA's 2001 Comprehensive Water and Sewer Master Plan and re-affirmed in its 2010 <br />Long-Range Water Supply Plan, which stated that "It is essential that OWASA retain and <br />acquire access to its [Jordan Lake] allocation"; and <br />WHEREAS, OWASA is playing an active role in the Jordan Lake Partnership, which is <br />facilitating coordinated applications to the EMC by Triangle Area utilities who must justify their <br />need for increasing or retaining their Jordan Lake water supply storage allocations; and <br />WHEREAS, unimpeded access to OWASA's allocation will be an important <br />consideration in obtaining the EMC's approval to retain that allocation; and <br />WHEREAS, the Towns of Carrboro, Chapel Hill, and Hillsborough, Orange County, and <br />OWASA adopted a Water and Sewer Management, Planning and Boundary Agreement (the <br />Agreement) in 2001; and <br />WHEREAS, language in the Agreement is unclear about OWASA's ability to access its <br />Jordan Lake water supply storage allocation for use by OWASA customers; and <br />WHEREAS, this lack of clarity may jeopardize OWASA's ability to obtain the EMC's <br />approval to retain its allocation; and <br />WHEREAS, this contributes to greater uncertainty in OWASA's long-range water <br />supply and capital investment planning; and <br />WHEREAS, any change to the Agreement requires approval by all parties to the <br />Agreement. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF <br />ORANGE WATER AND SEWER AUTHORITY: <br />1. That the Agreement be clarified with the addition of the following language as a new <br />Subsection 3 to Section V1I.A (Emergency Water Transfers), and that said language also be <br />added to the existing text of Section VII.B (Non-Emergency Water Transfers): <br />