Albany approves agreement to bill Millersburg for shared water-treatment litigation costs over drawdown impacts
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Summary
Staff presented an intergovernmental agreement sharing legal costs with Millersburg for litigation related to Army Corps drawdowns at Green Peter Dam that staff say increase sediment loads to Albany’s drinking-water source; the agreement will appear on the consent agenda for the council’s regular meeting
Albany staff presented an intergovernmental agreement (IGA) with the City of Millersburg at the Oct. 20 work session to allocate legal costs for litigation related to sediment impacts from annual drawdowns at Green Peter Dam.
Kristen Preston outlined the agreement, saying Albany and Millersburg jointly own and operate the Albany–Millersburg Water Treatment Plant, with Albany operating the plant and billing Millersburg according to ownership share. The drawdowns, which the Army Corps of Engineers conducts to aid juvenile fish passage, have increased sediment in the South Santiam River, damaging water-treatment infrastructure and increasing operational impacts, Preston said.
Under the agreement, Albany has hired counsel (Margaret Herbold) to pursue claims and will bill Millersburg for its share of legal costs, currently identified as 16.7% based on plant ownership. Preston said the agreement would return on the regular meeting consent agenda for formal approval and noted a few typographical errors that staff will correct.
Councilors did not debate the substance at length and staff said the IGA was scheduled for the Wednesday consent agenda.
