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11/04/2008: "Little Support For Orcas Franchise"

Approximately 100 people showed up for a public hearing on Orcas on Monday to give testimony for, and against -mostly against- the County Council approving a request to allow the installation of a water line in the public right of way.

As previously reported, the proposal is to pipe water from one location to another, but to do so by installing the water pipe in the county right-of-way.

The County had made it clear in memos from the Prosecutor’s office and from Public Works that the proposal would be a legal use of the right-of-way.

For those who came to the meeting, the issue went well beyond that right.



The main issues for those who spoke against the proposal was the use of the right-of-way should not be used to allow water to be removed from an agricultural area to a residential area; and the use of the well to supply water for residential use would have a negative impact on the surrounding wells.

Joh Shannon wrote in a staff report that “The public works department has determined that the utility use can be accommodated subject to specific engineering review and the issuance of utility installation permits. The county council has the sole authority to grant or deny utility franchises based on whether it deems the use to be of public benefit. The PA has provided a legal memorandum that discusses the council’s ability to make such a determination.”


Orcas Councilman Gene Knapp asked if it was true that prior to the testing of the well to determine the well capacity, the water was near the top of the well head, and after the testing the water had dropped 35 feet.

Knapp was told the water was indeed near the top because the well was an artesian well, but if water is pumped out of the well at a rate equal to the flow of water into the well, the water stabilizes at a constant rate and level at 35 feet lower than the natural flow rate at the time the well was tested.

The applicant’s agents pointed out several times that many of the concerns expressed by the neighbors and the public would have to be responded to as a part of, and prior to, the approval of the use of the well by the SJC Health Department, as well as the County Hydrologist. The same was true for the proposed subdivision of the property. If any negative impacts cannot be mitigated to the satisfaction of the planning department, then the proposal would not be allowed to go forward.

It was stressed several times that the application that was the subject of the public hearing was only for the right to use the right-of-way, not for permission to install the water line, or for approval of the proposed subdivision.

The applicants also reminded the Council and the public that there will be a number of opportunities for on-point testimony if, and when, the full proposal goes forward, and any decision can also be also be appealed.

The applicants said there was a public benefit to the use of the right-of-way that went beyond their proposal, in that OPALCO (a customer owned utility) had expressed an interest in joining in the use of the ditch.

Mark Tilsta, Manager of Engineering had responded to the proposal by writing “we are certainly interested in participating in several portions of the project. I have provided you with a map that specifies the portions that would be most beneficial to our membe6 along Dolphin Bay. Once completed OPALCO car then plan the removal of the remaining overhead power lines and as a long term goal extend a needed three phase tie around this section of Orcas Island.”

The Council has continued the meeting, at which time they are expected to vote on the request.