Agenda - 03-15-2011- 7a - Laserfiche WebLink

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16 Potenfial Questions About OWASA's Proposed Clarifying Language to the Water and Sewer Management, Planning and Boundary Agreement (WSMPBA) December 9, 2010 Why is it necessary to change the WSMPBA? Although we do not believe that the WSMPBA was intended to prevent or restrict access to OWASA's Jordan bake water supply storage allocation, the Agreement can be interpreted that way in its present form. We believe that a simple clarification is needed to implement OWASA's recently adopted Long- Range Water Supply Plan and to meet our future obligations to Chapel Hill, Carrboro, and the University as specified in our Sale and Purchase Agreements with those entities. The proposed clarification will help avoid future misunderstandings or disagreements that could impede the timely access to OWASA's Jordan Lake water and will provide greater certainty for our water supply planning efforts. The WSMPBA may be construed as impeding access to Jordan Lake by its broad prohibition of all crossyurisdictiona( water transfers except in times of emergency. Our Long-Range Water Supply Plan identifies Jordan Lake as an important insurance policy for times of special need, but some of the circumstances when it may be appropriate to purchase water may not qualify as "emergencies" under a strict interpretation of current language in the WSMPBA. What change is OWASA proposing? We recommend adding the following language to Sections VII.A and B., which define Emergency and Non-Emergency Water Transfers: "These provisions do not apply to the treatment and transfer of water available through OWASA's .Tordrrn Lake water supply storage allocation for use by OWASA customers. Nothing herein shall be construed to prevent OWASA from entering into agreements as necessary to provide for water transfers to afford OWASA access to its .Iordan Lake allocation. " Doesn't this simply represent another means to "promote new growth and development?" No. It is a means to accommodate, rather than promote, new growth and development already anticipated in the comprehensive plans and policies of Carrboro, Chapel Hill, and UNC. It is a means by which OWASA can best serve the needs of our current and future customers, and it is consistent with our Mission Statement regarding local growth and development: "We will manage our responsibilities in a manner consistent and compatible with the adopted growth management policies and land use plans of the Town of Carrboro, the Town of Chapel Hill, and Orange County." OWASA's core mission is to meet the water and sewer utility needs of the Carrboro/Chapel HiIUUNC community. We believe it is necessary to clarify language in the WSMPBA in order to fulfill that mission.