San Juan County Council approves franchise for Hannah Heights water line after public hearing

The San Juan County Council on Oct. 6 approved an ordinance granting a nonexclusive franchise to the Hannah Heights Owners Association to install and operate water-distribution and transmission facilities within county public-rights-of-way.

County Public Works staff described the ordinance as setting the terms under which private water infrastructure can occupy the right of way and provided a conceptual map of the proposed alignment. “The franchise…sets the conditions by which we work with other entities, private and public entities, who utilize the public right of way,” Public Works staff Colin said during the continued hearing.

Speakers from Hannah Heights said the franchise is a necessary procedural step to allow engineers to finish construction plans and to seek the required state approvals. Katie Doran, president of the Hannah Heights Owners Association, told council the association had met with neighbors and that the Department of Ecology will hold an informational forum for neighbors on Oct. 20 to explain the water-rights process. “We can’t afford any more delays. Please approve this franchise agreement today so our engineer and entire team can continue to move forward to finally secure a clean and safe water source for the Hannah Heights community,” Doran said.

Other residents described long efforts to restore a reliable source of water. Paul Dudley Hart, a Hannah Heights board member, said the franchise is “a preliminary but vital step” before the association obtains a report of examination from an engineering firm and a new-source approval from the Washington State Department of Health. He also noted a Commerce grant that subsidized trucked water deliveries expires on Dec. 31, after which residents would face higher costs.

County and public-health staff clarified which state agencies have regulatory authority over the project. Staff said Group A water systems—those serving 15 or more residential connections—are regulated by the Washington State Department of Health, and that water-rights relocation and the allowable pumping rate are regulated by the Washington State Department of Ecology. A County representative told council those matters fall to the state, not the county.

The council voted by voice vote to adopt the ordinance and instructed staff that several applicant conditions remain to be satisfied. Public Works staff described an administrative return period—about 60 days—during which the applicant must submit specified items and county staff will conduct administrative review under the ordinance’s terms.

The ordinance grants the county the authority to set franchise terms and does not, by itself, change any state approvals required for source relocation or pump capacity. The Hannah Heights Owners Association must complete required Ecology and Department of Health approvals before installing or using the proposed well and waterline.

Provenance: County staff presented the franchise and map during the continued public hearing; public testimony and council deliberation occurred in the hearing on Oct. 6.