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State reports settlement for failed Southwest intake; NAWS filter underdrains to be replaced at manufacturer's cost
Summary
DWR reported a mediation settlement that returned about $12.4 million in cash for failed Southwest Pipeline intake attempts and said engineers are designing a new intake; at NAWS the Biota Water Treatment Plant's filter underdrains were found defective by a third-party review and will be removed and replaced at no cost, with substantial completion targeted by June 2026.
The committee received project-level updates for major regional water systems.
Southwest Pipeline intake: Rhys Haas said the Water Commission completed mediation with a contractor and insurers after three unsuccessful attempts to bore a new intake under Lake Sakakawea. The commission has received roughly $12.4 million in cash plus a professional-services credit and expects to move forward with preliminary engineering, alternative assessments (including whether the existing caisson can be reused), permitting with the Corps and Bureau of Reclamation, and a design-to-construction schedule targeting completion in 2030.
Northwest Area Water Supply (NAWS) and Biota Water Treatment Plant: Haas reported that the treatment plant's filter underdrains were judged defective by DWR's consulting engineer; the manufacturer resisted initial removal orders but agreed to a third-party review. The independent review supported the state's position; the manufacturer will remove and replace the underdrains at no cost and agreed to a schedule with substantial completion by June 2026, or the state will seek another contractor.
Haas also updated the committee on related West-zone Southwest project work (Buffalo Gap Reservoir milestone completion) and ongoing permitting and design work for intake alternatives. Committee members asked about prior expenditures on the intake attempts (about $28 million spent to date) and how settlement money would be applied; staff said settlement proceeds will enable the commission to move forward without protracted litigation and advance a new intake design and permits.
