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Committee discusses district contracts, surplus water language and water‑rights enforcement
Summary
Members reviewed district contract language, surplus‑water concerns, attorney guidance and the possibility that unused water rights could be forfeited after five years. They also discussed capture improvements at the intake that would increase usable water.
YAMHILL — The Yamhill Water Advisory Committee reviewed the status of district contracts and discussed whether contract language can or should be changed to remove references to surplus water. The committee also heard discussion of Oregon water‑rights rules and local intake/capture improvements.
Committee members said city attorneys advised against deleting contract language that characterizes some district supply as surplus, because curtailment rules could leave the city with no domestic water if rights or supply are constrained. Instead, the attorney’s guidance was described as recommending enforcement options and clearer terms rather than removing surplus designations.
At the meeting a committee member read from state guidance discussed in the meeting: “A water rights certificate can be forfeited if not used for at least five years.” Members noted that if senior rights holders on Turner Creek do not exercise their rights, the city could potentially seek additional rights, but they also cautioned that physical capture (impound piping) limits how much water the city can actually divert.
Intake and capture work: Members reported an ongoing priority project to increase intake capture from the impoundments to the treatment plant. Committee members said the capture project could improve usable water substantially (committee discussion suggested capture improvements could increase captured water many-fold compared with current capture), and noted FEMA and other funding as relevant to reservoir/screen/impound projects. The intake screen project was discussed as having a roughly $100,000 estimate in an earlier engineering price; the committee said staff will revisit that estimate and engineer scope.
Bulk water sales and enforcement: Members raised concerns that private bulk water pickup (filling tankers from city supply) remains possible unless the city enforces restrictions during curtailments. The committee suggested prohibiting sales or transfers during curtailments as an enforceable step.
Next steps: The committee directed staff to prioritize finalizing the intake/capture project, clean up and propose uniform contract verbiage for council review, and confirm current senior water‑rights holders for Turner Creek with county or state water managers.
